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HomeMy WebLinkAbout2007-10-03 Council PacketMAKE 26 PACKET COUNCIL PACKET DISTRIBUTION 1 couNC~~ nnEETZN~ DAT~: /o/~Ir,~ i Ma or/Councii Attorne Ta lor/5 ringer Clerk Cit Mana er / Kebschull/Carver Police De artment ~ Finance En ineer Senior Center Air ort / Kim Librar Pcarks & Recrention Clnrion ~ Fire De artment ~ Schmidt Mellish i" Student Re . / KSRM AGENDA DISTRIBUTION Sewer Treatment Plant Streets Sho Dock Buildin Mnintenance Animal Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispntch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the ngenda published by the Clarion should be emniled as soon as possible on pncket day. The camera-ready agendn c:/myfiles/documents/minutes/ngenda form for paper) is emailed to Denise at Peninsula Clarion (nt email folder Work Session/Special Meetings, or Composition in Contncts or IbeIlC~acsnlaska:net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emniled to me and I hold them in my NTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpnge ns soon ns possible before leaving the office for the weekend. 4"~ ( O ~I ~ d ~ a~ ~ ~ o. ~ ~ ~ ~`?5 ~j ' ~. ~,., ~; LL ~ ~ z H w W ~ J U z ~ O U > ~ ~ ~ ~ ~ ~ ~ a m ~ ~ Z ~ W W W ~ Z ~ p - ` o ~ tn cn ~ -~ ~ ~- I- ~ 0 ¢ ~ p ~U = ~ ~ m ~ ~ c n w .i > ~ ~ I i ~ CL W I z z p'' p ~ (J) cA O J -i W J } w I- ~ ~ O ~ Q . ~' ~ ~ m d ~ ~ ~ = c n w ~, (>I~~`I~.~~'`~~~~`I.~ (>I~~`~~ol~ol~ ~I I 1 I I I I I I I~ ~I I I I I I I I I I~ ~ ~ : ~ ~ ~ 4 ~w ~ ~w ~`SZ OWW~~~ ~`Z ~WW~~~ °1t,I~u J~~OQ~ ~~~cnJ}~OQ~ "1=~~ma~c~nw ~=~~ma~c~nw ~ I > I '~.1 ` `°T~ I~\ I> ~ ~I I I I I I I I I I~ Owwwzp z ~WWwzp (n _I J I- ~ ~ ~' ~ (n J _! 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Notes• c~TY oF ~~~.~a P.O, eox 580 KENAI,ALASKA 996i1 PNpNE ;90~j 28J-~539 Edwin R. Lowry 10619 Kenai Spur Highway Suite 125 Kenai, Aiaska 99611 RE: Kenai Plaza Development Dear Mr. Lowry: The Kenai Advisory Flanning & Zflning Commission, at their meeting of May 25th, reviewed the submitted site plan for the proposed Kenai P2aza development. The site plan was approved with the establishment of the two access drives an the Kenai Spur Highway and one access drive from Walker Lane. Aiso appraved was the extension nf Tern Avenue across the southerly end of the city-awned b~ffer strzp. The Commission additionaliy requested that the pQrtion of the existing section line encumbaring the citv-owned buffer strip be vacated concurrent]y with this plat. I suggest that the ataove survey and plattin9 tasks be aecomplished in conjunetion with the Sprucewood Glen 5/D No. 2 which you previously initiated. This "revised" preliminary piat must be submitted to the Borough and approved by the Kenai Advisory Planning & Zaning Commission prior to final approval. It is your responsibility to assume the costs incurred in this project. I may be cantacted if you have any further questions regarding the Commission`s ection in this mattex. Sincerely, r ._ ~..~, ; ,~~...~-~_.__. Jef f Labatin ~~~ Land Manager - cc: fommy S. Partee Jack La5hoi, Cfty Engineer 1 May 25, 1984 ~ $5 > . ~y.kv' p!ti' ~ ~¢ I ,,, s ~a Qa.~ a ~btr ~ ~( { , ~ .ec~an nx~r. ~~^~ i '~ ~U~< <~ ~d ~.~-~ I a ~mevarw~m ~ _ol A-! P'~ raNii rsn o~:~, _ _ , ,~~a : ~~e~~y y _ s~„;' ww a.c. ^&-F-O~~'- s.i+m.,'3 rsrv xnw 8~66 P 5$' 20' BS.6 01i p~~n' TSN'~ ~ ~8t' A ~~f./~ 03.OC . a i 15~V!!I'..n~ I I YS =,_ Le a ' , . ~C ~-9B.E1~1 ~~ WE9P 1 / ~ ~~T€9.551 i i A-2 ~~3.5/OAC : i' V. ~• N ' ~ ~ d"`~'`' En i~ ~ ~~£ i . ~~ti s e w.~8. ~ s~~3~° :o , F "~ ;I~ ~l~ , s 9~~~ ~ ; I I -^A~„ a °~~i; ~ ~ ~ p 3,.,. \ l: ~. ~,~ ~a ~ ~~~ 3.1D8 AC ~ ~& tr ~{ ~`~ ~ ~~eS\~ . '~ ~lo I . O:.Pa~~~ \ F~ '~ ~ ~'~ ~,~ ~ c ~ o ~ . ~ ~~;n ~ ' fh! wl< I ,~ ~i< 'I . i'~.~~`\9m ,l' ~ ~ ~ r2;9 ~' ~~ ~yV~. . _ ¢wnWl.°: \ ~~~ i .. . ~ . r-6 93~95'9p•E `` \ i . I y~ ~..^ ~ ~~c ~ . .. ~ ~ 248.er~~ C: j . . t i H~ ' ~ ~ ~ ~ -~ ~ ~ ~ rrr ~~ N ~ „T.~ . m !~A ~ . ~ 'q . d'~. ~ 2. ]60 AC I s g F 1 "~ j ~~ I - - p~'~.' , 2.224 A^ ' `~ i, ~i ~ 3 4~~` W ~ ~ z. ~ ~ \. ~~ j ~ J ~ .. ~k ~ i j ~1 ~ a ~' w . ~' A ~,- ~V ~° I -~~ 1 ~ ~ ' ~ '~ ' ~~~ . ~~`l\ <) ~ f~~\ 1 ~ ~G° p y ~ ~ ~ O / t ia'mu. ' I ~ ~°0I ~n/^~ ~\\ ~\\ ti ~ e. 'r. ,_ I Hee•ea'es`c ~ '~' _ cv mse<i \ ~. - \ ~ #pCe 103.M. iarl YS~ I NI/Ifi Po~illan \ ` PV„~~.-_p°w P/W VAPtES o~ `w+t J sS~ ~IB9°EiQt~ TBN YW~ LO ~ °o° ixe.is ~¢ ts .°• ./iKp%PN6Q p r.4.< ~ Aiiw IHRD I ~ ~i~ ~- I ( ~ ~ ~ i 6 uumm DB<MMFf! iFI~ vu$~+lib '.:Id:! -v':u:e ~M1.~/ ~ t1.4ilii.l 2 Suggested by: City Manager CYTY ~F KEN~F OFtDINANCE ISO. 2230-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ANtENDING KMC 2L10.09d(d)(1) and (2) BY ESTABLISHING DIFFERENT REQUIREMENTS FOR DETERMINING THE LENGTH OF A LEASE EXTENSTQN AND EXTENDING THE MAXIMUM TERM OF LEASE INCLUDING ANY EXTENSION FROM SS TO 55 YEARS. WHEREAS KMC 21.10.090(d~(1) provides for a maximurn lease term af 35 years; and, WHEREAS, KMC 21.10.090(d~(2) provides that lease extensions rnay be granted for one year for each ~25,000 of additional investments in permanent improvements; and, WHEREAS, KMC 21.10.090(d)(2} also provides that the ma~imum term for a lease inclu~ing any lease extension, shall be 35 ye~, s; and, WHEREAS, it is in the best interest of the City of Kenai to provide far 2ease critaria that encourage new permanent improvements on the airport; and, WHEREAS, increasing the possible maumum term of a lease, including any extension, from 35 to 55 years will encourage investment in permanent zmprovements at the airport. NOW, THEREFORE, BE IT ORDATNED BY THE COUNCIL dF THE CITY OF KENAI, ALASKA, that KMC 2L 10.090(d)[lj and (2) aze amendefl as follows: 21.1p.p9O Lengtfi of lease term. (aj Unless the City determines a shorter Iease ferm is in the best interest of the City, the length of term for a lease granted for land within the Airport Reserve will be based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the preznises during the first twenty- four (24) months following the beginning date af the lease or lease extension. (b) Unless the City determines a shorter lease term is in the best interest of the City, the length of term for a lease renewal shall be based on a City-approved appraisal of the c alue of the permanent improvements on the praperty as set forth in the table in subsecfion (d}(1) of this secfion. The appraisal shall be performed b5~ an independent appraiser certified under Alaska Statute 8.87 with experience appraising airport improvements. The appraisal shall be paid far by the lessee. (c) If the applicant proposes to make less than one hun@red thousand dollars ($1d0,000.00) in new permanent improvements on the premises, the maximum term of a new lease shall be five (S} years. {d) If the applieant proposes to invest one hundrefl thausand dollars ($1~O,p04.00) or more in new permanent irnprovernents on the premises: 3 Ordinance No. 2230-2007 Page 2 of 4 (1} The rnazcimurn term of a new lease or a renewal of an e~cpiring Iease shall be determined according to the following tahle: [APPLICAi3T'S INVESTMENT/ NfAXIMTJM VALiJE (FN LT.S. DOLLARS~ TEY2~F OF' IS E!T LEAST YEARS LESS THAN ~100,000 5 $100,000-$199,OOQ 15 $200,000-$299,OOd 20 $300,000-$399,000 25 $400,000-$500,000 30 MORE THAN $500,000 35j Anplicaxet's Maximum ~ee~tsexer.`s! Terra VaYue (in U.S. Doilars! IaYears [(2~ THE MAXIMUM TERM EXTENSION FOR AN EXISTING LEASE SHALL BE ONE (1) YEAR FOR EACH TWENTY-FIVE THOUSAND ($25,06p.00) OF ADDITIONAL PROVIDED TFiAT THE TOTAL OF THE REMAINING LEASE TERM AND THE EXTENSION SHALL NOT EXCEED THIRTY-FNE (35} YEARS.] (~ The maxirnum term for a lease (iniiial lease plus extensionls)~sha11 be fiftv-fiveyears. The len~th of the er~tension(s) shall be detersnined accordine to the followin~ table: e4,pgiicant's R2axirnum Ynvestmentl F~ctensioxi VaYue [in U.S. I3ollarsD Texm af is aY Least Years $ 75 000 - ~100.OQ0 5 4 $ 900 000 - $999.000 SO More than $1,00d,000 55 AGENDA KENAY CITY COUNCIL - REGULAR MEETING OCTOBER 3, 200'7 7:00 P.M. I{ENAI CITY COUNCIL CH.SMBERS http: / /www.ci.kenai.ak.us YTEM A: CALL TO ORDER Pledge of Allegiance Roll Call 3. Agenda Approval 4. ConsentAgenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Brexida Ahlberg, Boys & Girls Club of the Kenai Peninsula -- Club Update. . Kellie Kelso -- Cutting of Trees Between Aspen Hotel and Walker Lane ...... ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC AEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2230-2009 -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension from 35 to 55 Years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Approved for recor2sideration 6/6/07; postponed to 7/18/07; postponed to 8/IS/07; postponed to 10/3/07. The motion to adopt is actiUe.) a. Ordinaace No. 2230-200? (Substitute A) -- Amending KMC 21.10.090(d)(1) and (2j by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years. 30 Memorandum of explanation/difference between Substitute A and B. ....... 34 b. Ordinance No. 2230-200'7 (Substitute B) -- Amending KMC 21.10.090(d)(1) and (2) By Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the M~imum Term of Lease Including Any Extension From 35 to 55 Years. 36 2. Ordinance I1o. 2253-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Grant. ......... 40 3. Ordinance No. 2254-2007 -- Increasing Estirnated Revenues and Appropriations by $7,000 in the General Fund for a Library Grant. ......... 41 4. Resolution No. 2007-58 -- Transferring $40,000 in the Runway Safety Area Improvements Capital Project Fund for Engineering . . . . . . . . . . . . . . . . . . . . . 42 ITENi F: MYNUTES l. *Regular Meeting of September 19, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BU5INESS 1. Bills to be Ratified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2. Approval of Purchase Orders Exceeding ~15,000 . . . . . . . . . . . . . . . . . . . . . . . 58 3. *Ordinance No. 2255-200'7 -- Increasing Estimated Revenues and Appropriations by $36,909.53 in the General Fund to Properly Account for In Kind Services Provided to the Soccer Park Capital Project Fund ............ 59 4. *Ordinance No. 2256-2007 - Increasing Estimated Revenues and Appropriations by $150,000 in the Public Safety Garage Capital Project Fund fora State Grant ................................................ 61 5. *Ordinaace No. 225?-2007 -- Increasing Estimated Revenues and Appropriations by ~888,562.42 in the Municipal Roadway Paving Capital Project Fund for a State Grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 6. *Ordinance No. 2258-2007 -- Increasing Estimated Revenues and Appropriations by $592,541.34 in the Wildwood Drive Capital Project Fund for a State Grant .................................................. 65 7. *Ordinance No. 2259-2007 - Increasing Estimated Revenues and Appropriations by $1,150,139.22 in the Marathon Drive Capital Project Fund fora State Grant ................................................ 67 8. *Ordinance No. 2260-2007 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited Storage of "Junk," "Garbage" and "Litter" Under the City Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 9. *Ordinance No. 2261-2004 -- Increasing Estimated Revenues and Appropriations by $12,658 in the General Ftixnd to Pay for Training Ammunition, Small Tools and Improvements to Police Department Report Writing Stations ................................................ 73` 10. *Osdinance No. 2262-2007 -- Amending KMC 14.15.060(b) to Change the Height of House Numbers From Three Inches (3") in Height to Four Inches (4") to Provide Consistency With the International Fire Code . . . . . . . . . . . . . . . . . . 75 1 l. *Ordinance No. 2263-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 ir_ the Airport Fund for Deferred ?V?aintenance Items at the PRISM Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 12. Approval -- Update/Kenai City Council Policy for Commission, Committee, Board and council on Aging Meetings and Work Sessions . . . . . . . . . . . . . . . . . . 78 13. Discussion/Eipproval -- Dedication of Utility Easement/Lot 1, Spur Subdivision No. l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 1 ITEM Y: COMMISSION/COMMITTEE REPORTS 1. Councilon Aging ............................................... 85 2. Airport Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 3. Harbor Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- 4. L'abrary Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- 5. Parks & Recreation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- 6. Planning 8v Zoning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 7. Miscellaneous Commissions and Committees ... a. Beautification Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- b. Alaska Municipal League Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- a Joint Kenai River Working Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- d. Mini-Grant Steering Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager .................................................. -- 2. City Attorney .................................................. -- 3. City Clerk ..................................................... -- ITEM L: 1. Citizens (five minutesJ 2. Council YTEM M: PENDENG LEGrISLATION (Items listed below are 2egislation which will be addressed at a later date as noted and are not action items for this meeting.J Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection 'lb/o-Cycle Engines. (1/17/07, Tabied, no time certain.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Ordinance No. 2230-2007 Page 3 af 4 $ 100,000 - $299,000 10 $ 200 000 -~299 999 7 5 $ 300, 000 - $399,999 20 $ 40d, 000 - $499,OQ0 25 $ 500, 000 - $599,000 30 $ 600 000 - ~699 000 35 $ 700 000 - $799 000 40 $ 806,000 - $899.000 45 ~ 900, 000 - ~999,000 50 (3J A hona fide third party purchaser of airport improvements may geY an extension for an existing lease acquired with improvements based on a City-approved appraisal of the improvements purchased. Uniess the City determines a shorter lease term is in the best interest of the City, the extension shall be based on the table in subsection (d)(1) of this section provided no extension shall extend a lease term past thirty-five (35) years. The appraisal shall be perfoi-med by an independent appraiser certified under ASaska Statute 8.&7 with experience appraising aisport improvements. The appraisal shall be paid for by the lessee. (e) In the lease granted to the applicant, the City Manager will include a provisian requiring the applicant to substantially complete the proposed permanent improvements within a reasanable period of time, considering the cost and nature of the improvements. Provided however, that the time allowed sha11 not ordinarily exceed twenty-faur (24} months after the effective date of the lease. (fj In the lease extension granted to the applicant, the City Manager will include a provision requiring the applicant to complete the additional proposed permanent improvements within a reasonable time period, considering the cost and nature of the improvements provided that the tirne period shall not ordinarily exceed twenty-four (24) months after the effective date of the lease extension. (g} 'I`he City Manager will ixiclude a provision in a lease or lease extension requiring the lessee to provide a performance laond, deposit, personal guarantee, or other security if the Manager determines security is necessary or prudent to ensure the applicant's completion of the permanent improvements within the time period set under subsections (e) or (fl of this section. The City Manager will determine the farm and amount of the security according to the best interest of tlie City, considering the nature and scope of the proposed improvements arid the financial responsibility of the applicant. (h) The applicant shall, within thirty (30~ days after completion of the permanent ilRprovements, submit to the City Nianager urritten documentation that the improvements have been camplated as required under subsectian (e) or (fj of this section. (i) If the applicant shows good cause to the City Manager, and the Manager determines the actian is not inconsistent with the City's best interest, the Manager may grant an e~tension that is sufficient to allow for the completion of the permazlent improvements ar for submission of documentation that the permanent improvements have been completed under this section. No extension or combination o£ extensions granted cvil2 exceed twelve (12) months. 5 Ordinance No. 2230-2007 Page 4 of 4 (j) If, cvithin the time required under subsection (e} or (fl of this section, including any extension granted under subsection (i) of this section, the applicant fails to complete the required permanent improvements, the City Manager will execute the forfeiture of the performance bond, deposzt, personaf guarantee, or other security posted by the applicant under subsection (g) of this section to the extent necessaty to reimburse the City for all costs and damages, inclufling administrative and legat costs, arising from the applicant's failure ta complete the requized impravements, and initiate canceIlation of the lease or refluce tke term of Yhe lease to a period consistent with tke portion of the improvements substantially completed in a timeIy manner according to the best interesCs of the City. (k~ The City Manager shall review rates, charges and the investment/value in the chapter every five (5) years to see if adjustments should be made. (1) When used in this section, the following terms shall have the meanings given: (1) "Expiring lease" means a lease cvith less than one (1) year of term remaining; (2) "Existing lease" means a lease with at least one (1) year of term remaining; (3) "Permanent impravement" means a fuced addition or change to land that is not temporary or portable; (i) "Persnanent improvement" includes; (A) A buIlding, building addition, retaining wall, storage tank, earthwork, fill material, gravel, and pavement, and (B) Remediation of eontamination for which the applicant is not responsible; {ii) "Perrnanent improvement" excludes items of ordinary maintenance, such as glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor coveiing replacement, or pavement patching. PASSED BY THE COLTNCIL OF THE CITY OF KENAI, ALASKA, this 15th day at August, 200'7. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: NIay 2, 2007 Adopted: May 16, ~007 Reconsidered: June 6, 2007 Postponed to: July 18, 2007 Postponed ta: August 15, 2007 Adopted: August 15, 2007 Effective: September 15, 2007 6 11~"l~a~e c~uu~t~t a Past Gc~ r•vit~i a Fr~t~re" 210 Fidafgo Avenue, Kenai, Alaska 99611-7794 Telephone: (9o7} 2$3-7535 / Fax: (907} 283-3014 www.ci.kenai.ak.us MEMOT~l'~DUM T0; /Kenai Airport Commission PROM: ~'62-6 Car}+ R. Graves, City AYtorney DATE: 3uly 2, 2007 RE: Lease Terms under the Existing Airport Code Councilor Molloy thought it wouSd be useful to the Airpart Cornmission if I suxnmarized S{MC 21.10.Q80-090 which covers lease terms within the A3rport Resezve. This memorandum outlines tl~e existing cade provisions, not the proposed amendments. An app3icuit's lease terrn is based on the dollar value of improvements to the property according to the saheduled outIined in KiYIC 21.10.090(d)(3), uuless fhe City defermines a shorter lease term is in the best interest of fhe City.~ Cunently, Yhe maximum lease term is for 35 years.2 Investment of more than $500,000 in improvements would ordinarity get the applicaz~t a 3> year lease,~ The value of the improvements must be confirmed by an independent appraiser paid for by the fessee.4 The City may require the Iessee to provide a pertorrnvice bond; deposif, p~rsonal guarantee or other security if the City Manager determines such security is necessary to ansure ttze improvements are made.s If the lessee does not make Yhe improvements, or invests less than promisad, the City's oprions are to execute the forfeiture of the security provided (if applicable) and either cancel the lease or reduce the term to correspond to the appropriate length.E Let's say and applicant gets a 35 yeaz lease based on his promise to make $600,000 in improvements, but the lessee only makes $25Q000 in improvements. The City could execute on any security guarantee provided and reduce the term of Iease to 20 yeazs or seek cance(lation the lease entireIy. ' K~C 21.10.090{a). ~ KM~C 21. ] 0.090(d)(1). 3 Ibid. 4 KMC 21.1 Q.090{b). 5 KMC 2I:S6.090(g). ~ KMC 21.10.090Q). 7 Leased lands must be utitized in a manner substantially in compliance with fhe airport master plan and #he City's comprehensive p1an:~ Leases not in substaziuai conzpliance with the airport master plan or the comprehensive plan are subject to canceliatiou.8 Lessees ordinarily have 24 months to complete the improvements.9 An extension of that deadline can be granted; but no extension or combinatian of extensions can go 6eyond 12 months so the maximum time period for compledon is 3b months.16 A lease extension can Ue p anted based on the value of additional improvaments (one yeaz for every $25,000 of additional improvements).~ ~ However, any extension canaot extend past 35 yeazs when combined w^ith the remainder of che lease tenn.1z If a lessee had 2~ years Iefi on hislher lease and was added ~500,000 in unprovements, he/she could only aet en extension of ten years on the lease eerm for tlie $500,000 worth of iinprovements. A bona fide third party purchaser of airpart improvements may get a Iease extension based on the appraised value of the improveznents unlass the City detemunas a shorter tenn is in fhe best interest of tfie City,13 The extension and remanzing term cannot exceed 3 5 years.14 If a tessee had ten years Ieft on his/lier lease and sold the improvements for $500,OG0, tl~e purchaser could get a:. exter.sion for a total leas_ te3•m af 35 yea*s, u+1Pss the City deter*ninAd a ~horter extension was in its best interest. An existina lessee may also apply for a]ease renewal or extension under largely the same process as the initial application.~s Any such request may be denied if it does not meet the criteria sat forth in tha code or is not in the best interest of the City.16 Aiso, a lessee may neaotiate for a eontractual right of renewal nat to exceed 20 years. Undar Lhat section a lessee could get a lease term up to 55 years.~~ The Council must authorize any contractual renewal rightby resolutian with any terxns and conditions it deems appropriate.t8 Piease fee free to 1et me know if yau have any further questions or would like any more information. ° KMC ~ 1.1 Q.120. 8 Tbid. S KMC 21.1 Q.040(e). t0 KMC 21.10.090{i). ~~ Ibid. 12 Ibid. " K:vIC 21.10.090(d)(3). 14 Ibid. `s KMC 21.10.080. 16 KMC 21.10.070, "KMC 21.10.080(2) ~s ibid. $ ~-~ ~,~, a, _ _~~ ~ t~xe~~cifyo{ // `>~illa~e wit~t a l'as~ Ge"~ wi~l~ a Futr~re•~ 210 Fidalga Avenue, Kenai, Alaska 99611-7794 u~ Talephons: 9d7-283-7535 / FAX: 907-283-3Q94 `'I~~~ 1992 .A 7 i.iJ +C~ ~ • TO: Airport Commission ~~ FROM: Rick Koch DATE: Ju[y 5, 2007 SUBJECT: Lease Term Wi#hin the Airport Reserve Ti~e purpose of this correspondence is to discuss the above referenced subject. Through the course of the last several months as administration has attempted to aznend the coda to provide for a 55 year leasing schedule I haue heard comments from members of the Aiiport Commission and City Councii in support of the existing 35 year Ieasing prograzn. I have attempted to accurately re-stata those comments and proeide adxninistration's responses below: STATENFENT/CONCERN A 35-year lease will protect the Auport/City from someone securing a lease, not developing the property, and holding onto the property for specularion purposes. KMC 21.10.090(e) states "In the lease granted to the applicant, fhe Cify Manager ~vill include a provision reqniring the applicant to substantially complete the propased perrnaneut improvements within a reasonable period af time, considering the cost aud nature of the improvements. Provided however, that the time aRowed shat€ not ordinarilv exceed 24 months after the effective daCe of the lease. The Airport/City does not want [eases granted for [and specuIation, regardIess of whetLer it is £or a term of 35 years or 55 years. IflVIC 21.1fl.090(e} a}ready provides the appropriate protection. 9 A 35-year lease will protect the AirportJCity from someone securing a lease and not developing what was agreed to ii7 the lease agreement. K1~IC 21.1.0.120 staEes, "Lease utilization. IJeased [ands shatl be ntiIized Por purposes within the scape of the appLication, the terms of the lease and in confarmify with the ordinances of the City, and in substantial conformity witfi the Compre6ensive Plan and Anrport Master Plan. Utilization or development for ather Yhan the attowed uses shalI constitute a violafion of the lease and subject the lease to cancellation at any time. Failure ta sabstantialiy compfete the developmenE pCan for the tand shalt constitate grounds for cancellatiou." The AIRPOR'i'JCFTY does not want leases utitized for other than the purposes agreed upau iu the lease regardiess of whether it is for a term of 35 years or 55 years. I{MC 22.10.120 already provides the appropriate protection. STATEMENT/CONCERN A 35-year lease will protect the AirportlCity from someone securing a}ease and developing something of less value than wha,t was ageed to in the lease agreement. KMC 2L10.120 states, "Lease atilizafian. Leased tands shatl be utilized for purposes within the scope of the appIication, the terms of the fease and in conformity with the ordinances of the City, and in subsfanfial conformity with the Comprehensive Plaa and Airport Master Flan. Utitization oa• development far other than tlie allowed uses shalt constitute a viotatinn oF the tease and subject the tease to cancellation at any time. Failure to snbstantia[ly complete the developmenY plan for the Eand shall constitute groands for cancelIation." The AIRPORT/CITY does nat want leases utilized for a development of less value than wkat agreed upon in the lease regardEess of whether it is for a term of 35 years or 55 years. KMC 21.1~.120 atready provides the appropriate protection. The City coutd act to cancel the lease, or based on the specific condifions negotiate/impose a lease of a decreased term 10 sT~ ~~vYErrrrcoNC~~ The airport industzy norm is a 25 to 35 year lease. Airpart Max.initia] i Lease Term Tenant O tfan s) , Total Term Anchora e 55 0 i 55 ' Fairbanks 55 0 55 ' Juneau* 35 0 Determined b Board Noane 55 0 55 Barrow 55 0 55 Kotzebue 55 0 55 Sitka SS 0 SS Ketchikan 55 0 55 Kodiak 55 0 55 Merrill Field* 55 0 55 ~ Pendleton* 20 0 Determined by Council ~ Puilznan 40 d 40 ~ WaIla Walla* Ne ofiated ~ Wenatchee* S 25 30 ' Yaknna* j 30 ' 20 50 Palmer* 20 20 40 Soldotna 5 25 Negotiated Bend 20 30 50 ' Bethel 55 0 S5 ' Dillin am 55 0 SS Birchwood 55 0 55 Wasilla* Determined by Council 150+ Alaslcan Airports 55 0 55 The industry norrn is not 25 to 35 years based on my research. Certainly not in the State of Alaska, and not ia Alasl~an commnnifies with similar poputations providing similar services. I have spent severai 6ours researching fhis issue on the internet and the majority of airports are in the 45-SS year range, or the term is negoriabte based on the requirements placed on the (easeholder in order to secure ~nancing. 11 STATEMENT/CONCERN A 35 year lease will pratecf the Airport/City froin someone securing a lease to be used for something other than "aviation" purposes. KMC 21.10.120 states "Lease utiEizatiou. Leased tands shall be u~itized for purpases witHin Ehe scope of the appIication, t6e terms af the lease and in conformity wiEh the ordinances of the CiCy, and in substantial eonformity witk the Comprehensive Ptan and Airport Master Plan. Utilization or develapment for ather than tlie aEiowed uses shaii constitute a violatiou of the [ease and subjeet the lease ta cancellation at any time. Failure to substantially eomptete tlae development plan Por the land shall constitute grounds for cauceilation." The AIRPORT/CSTY does not want leases uEflized for a development that is no~ for an "aviation" purpose regardless of whether it is for a ferm of 35 years ar 55 years. KMC 21.10.120 atready provides the apprapriate protection. The City is prohibited from entering into a 4ang term lease £or other than "aviation" p~arposes. A sl~eE~t-ter:xa lease, cr s~e~iai as~ p~, r,3flt £or "non-aviatic~" ~e:rNases cou7d be granted as tong as there is not a competing aviation use. STAT~M~NT/CONCERN A 35-year lease period is more than adequate to support amortization and financing of lessee-oonstructed improvemaiits. The CiEy Council and Airport Commession have heard festimony from proFessiousls in the banking/finance fields and this statement is simply not accnrate, STATEMENTICC3NCERN For a 55-year lease period a leaseholder should provide additional assurances to the AirportlCity for their planned development. I have given this more than a Iittle thought The appiication process is fairly thorongh, and the amount of information required to be suhmitted can be very cEetailed, depending on the natare of the proposed develapmenfi. I do recognize the risk/6ene~t of a[ease of a 55-year term. To provide assurance to the City the develapment w'ril be constructed on-sehedule in compliance with the terms of the lease, I saggest requiring a performance bond for the futl va[ue of the proposed development for any lease exceeding a 3S-year ferm. 12 STATEMENTtCONCERN By allowing an applicant to request and negotiate an option for a 20-year extension we do not require a 55-yeaz leasing prob am. While I agree allowing a process Sor a 20-year lessee opfion does provide some degree of assistance in addressiug the issne, it makes it probiematic as every applicant will request an opfion to extend their lease. Adopting a 55 year Ieasing schedule based on deve[upment provides specific performance criteria fdentifying lease Eerm. STA7EMENT/CONCERN What happens if the city mauager doesn't enforce the terms of the leasa? The city manager not enforcing the terms of a lease really isn't germane to this issue, but F did hear this ~amr.ient in the coc~text of the 35I55 year leasiug prograrn d'tscassion. Were fhis to happen, the Airpart Commission could bring it to the attention of the Couneil and the Council could direct the manager to enforce the terms of the tease. Attached please fmd The information submitted to the Council by the administrafion in support of a 55-year leasing program for properties within the Kenai Municipal Airport Reserve $oundary. It is my opinion that a 35-year leasing program will significantly hinder development at the ICenai Mnnicipal Airport. Even with a past 55 year leasing program the Kenai Municipat Airport has not been successfizl in attracting ancl~or tenants for aviation leases. Time and a~ain I have heazd members o£the airport commission say "we have to look 50 years in the future and ensure we have available land". I agree, but really, what would be the probiem with having to condemn a leasa 35 years from now to aonstruot new infrastructure as a rasnlt of the demand for expandedlnewimodified leasa lats. The conflicts that could occur in the future can only be a by-product of a successful and in- demand airport. Isn't that what we all want? In the case of airport lease properties there has to be a balance between protection of the asset and availability as a revenue-generating vehicle. We have strengthened substantially our lease requirements relating to development and development schedule milestones. Requiring performance bonds, as administra6on has suggested, for all leasas in excess of 35 years strengthens these protections even further. Thank yau for your attention ta this important issue, and I encourage you ta reoommend the approvat of a 55-year leasiug program to the City Council. 13 ,~/`~ "I/il(a~e ~r.ritGr a Past, Gity wit~i a~r~tr~r'e" ~~ ~ ~~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~'~~-- Teiephone: 907-283-75351 FAX: 907-283-3014 1~~~~~ -- _ ,~sz ~ tlre~c~'~~af . 1(EN~I~ S161~ ~~~~~~ • TO: City Councii ~!f FROM: Rick Koch ~~v (3ATE: May 31, 2007 SUBJEGT: Reconsideration Regarding Airport Reserve Land Lease Term The purpose of this conespondence is to discuss the above referenced subject. Administration recoinmends that the term of leases, meeting required conditions, be for a maximum term of 55 years. Attached you will find specific information for each of the fo}lowing: Ted Stevens International Aimart Term of Lease: Maximum af SSyears Fairbanks International Aimort Term of Lease: Maxunum of 55 yeazs Juneau M'unioipal Air~ Term of Lease: 35 Years unless otherwise (Ionger term} approved by the airport hoa~d. State of Alaska Airports (Over I80 airports including Nome, Barrow, Kotzebue, I~odiak, SiYl~a. Kefchikan, ete.l Term of Lease: Masimum of 5S years. Inclixdes interesting terms regarding the sale of improrements. Soldotna Air~ort Term of Lease: Maximum of 30 yeats and renewal may be made thereafter on a time basis agreeable to both city and Iessee. 14 WasillaA' ~art Tern~ o£ Lease: In accord with the policy of the Federal Avi ation Administration Bend Oregon AirpoiK Tenn of Lease: 20 Years with Tenants option to renew for three(3) terms of ten years each. I looked at a nurnbar of aiiports outside and generally their leases were for 50-55 yeazs, or built in tenant options provided for that term. I think it just makes sense to allow for a 55 year tem for a tc~iant to more fully amortize significantinvestments. I'm snre there are better examples, but pleasa take into accocuit tlie following when considering a 3S versus 55 year iease term: 1. You invest $ 2,000,000 in an impravement on airport praperty. 2. Yau receive 30 year financing for your improvements at &% interest. 3. Over the term of the 30 year loan you will have repaid $ 5,24$,00. 4. In the case of a 35 year Iease term, only sixty months (5 years} after you have made your last loan payrnent you inust relinquish your lease and walk away from Yhe improvements you have constructed with no compensarion far any residual value. 5. In the case of a 55 year lease you have 25 years to conduct businass after making your final loaai payment, by which to fully amortize the investme~rt in the improvements. In addition to the above, the ra-sale value of a lease with significant improvements is si,guficantly diminished by the short tarm of the lease wiYh a 35 yeaz lease term. Again, administratian recommends the previous council actian establishing a 55 year lease period be re-confirmed. It is also administration's intent to review the State of Alaslca's regulation as it relates to Yhe lessor receiving compensation for improvemenis ai the end of the lease periad. This appears to be a fair pracess that would promote continual investment in leaseholder properties. Thank you for your attention in this matter. attachments 15 'T.ed ~•f~.ve~ ~i.~`~-t s~~un" fREQUENTIY ASKED QUESTIONS Q. What kinds of activities can airpart land be used for7 A Generaliy, airport land should onty be used for an actiuity that musf be on airport pmperty due to ifs use and praximity to aviaiion facilities. The Aiaska Administrative Code, Title 17, Chapter 42, 5ection 990, Defnitlons, describes land uses and privileges as foilows; 1. "Aviation Use" means any business, service, or otherfunctian that directly involves, or is necessary for, fhe nottnal operatian of aircraft that use an airpod. Aviation use indudes the following: aircraft loading, unloading, tiedown, parking, storage, safes, services, rentai, maintenanae, or repair, sale or storage of aviation fuel and aviatlon petroleum products; pilot training; air chader or air taxi service; airpod terminal building; air carrier operations; aircraft ground handling; aimraft peds sales; and air traffic corttroi tower, eir navigation aid, and aviation weather instrumentation. 2. °Auxifiary Use" mans any business, service, or other function that is neither an aviaUon use nor a nonaviafion use and is located and carried out on an airpod tcr the convenience of the air traveling pub(io, aviafion b~sinesses on the airpnrt, or the employees neeessary to the maintenanoe and operation of an airpod. Au~liary use indudes the fnllowing: air freight fonvarding; ground transportafion services nat aperatsd by the department, such as a taxieab seroice, an airport limousine or shuttle service, a rentai car agency, or a vehicle parking business; in-flight caEenng; hotel accommodation; res:aurant service; io-Eerminal concessions. 3. "Nonaviation use" means any business, service, or funofion that is O not an aviation or auxi4iary use; (ii) is not directfy or indirectiy related to aviation or to the air traveling public; (iii) does not offer a product or service that is specially related to aircraft operations or to air transporfakion; or (iv) Is tocated or aperated to derive revenue primadly from members of the public not using air trensportation services. Nonaviatian use inctudes: grocery store, liquor store, lumber yard, agricultural aotiuity, golf course, automobils servioe station, shopping center, bowling alley. Q. What areas on the airport are avaElable to lease7 A We highly ancourage potsnkial tenants ta contact the Leesing & Property Management Offroe before submitting a iease appiication £or a padicular parcel or terminal6uilding space so that our statf can work with you to help you fi~d the right fit for your activity. Q. Is there a Ifst of avai(able lots and terminal building space fot lease? A Yes. Hawever, you must visft the Leasing & Property Management Oifice to discuss your propased aativity and we will work on finding a space'rf your proposed activify requires being lacated on Airport land or in one of the terminal buiidings. Q. Mow is the term of an Airpod I.ease esEablished? A Generally, an Airport land lease term is based upon the dollar amaunt of investment proposed py the lessee and can be issued for up fo a maximum of 55 years. A terminaS builoing spaca lease term is usually astabiished based on specific business criteria and can renge from 920 days to 5 years. Q. May I subleas¢ space ta someone else4 A. Gensrelly, yes. If you are subieasing to a company or person for the same authodzed uses in ynur original Iease w~th the Airpod, the sublease is controiled by the Airpod's lease, and you must receive the Airport's prior written consent of the subiease agreement For more tletailed information, please review the Alaska Administrative Code, TiBe 17, Chapter 42, Section 270. Q. Can i assume someone's existing Ieese? A Yes, buf we highly recommend you contact the Leasing & Property Management Office to determine if the leasa is in good standing and if there are any problsms associated wifh the exis6ng lease. Regardless of any pdvate fransactions betwreen individuais, fhe existing lease remains in the origiaai owner's name until assignment papers are su4mitted and consented to By the C6ief of Leasing 8 Praperty Marsagemenf. For more detaiied i~formation, pieasa review fie Alaska Administrativs Code, Title 17, Chapter 42, Seciio~ 260, Q. Can l look ak a Sease fi~e4 A Yes, lease files are public informaUon, but we ask fhat you oalf the Leasing & Property Management Office (907•266-2420} in advance so we can have the file available for you to review. You can request copies of files; the cost is 5.25 per page (the first 16 pages are free). 16 Fairbanks Internafional Airport, Transportati,on & Pubiic Facilitias, State of Alaska Page 1 of 5 Empioyee Directory DOT&PF Home. Search DOT~PF ; + Airport Phonebo~ s FAI Brochure t~ s~ Airport Fees »ta,a~ s Leasing Rirport Ground Transpo ~ Business Permit: F Airline Certrfied I d~ Fi~iance & Sta6s M~ General Aviation ~ Pllols Lounge b Aircraft Tiedox §~ Transient Aircr # AircraH Servlcf L.easing Airport Property Fairbanks International Airport occupies approximately 3,550 acres and is located about 4 miles soufhwest of downtown Fairbanks. 7he Airport is owned and operated by the State of Alaska and is administered by the Department of Transportafion and Public Facillties (DOF&PF). 7he Leasing Office at the Airport oversees approximately 1881and, terminal buiiding, and other wntracts such as 8usiness Activity Permits, Commercial Passenger Vehicle Permits, and Vehicle Rental Business Permits, and 396 aircraft tiedowns. Prequently Asked Questions q. What kinds of activities can airport lantl be used for? A, Generally, airport land shouid only be used for those uses that must be on airport property due to its use and proximity to aviation facllities. The Alaska Administrative Code, Titie 17, Chapter 42, Section 990, DefiniGons, describes lend uses and privifeges as follows: t. "aviation use" means any business, service or other funciion that directly involves, or is necessary for, the normai operetion of aircraft that use an airport; "aviation use" includes the following: aircraft loading, unioading, tiedown, parking, storege, sales, service, rental, maintenance, or repair, sale or storage of aviation fuel and aviation petroleum products; pilot treining; air charter or air taxi service; airport terminal building; air carcier operations; aircraft ground handling; aircraft parts sales; and air traffic confroi tower, air navigation aitl, and aviafion weather instrumentetion. t Airpark t~ Airiine Agreemei ~ FAI News Vlaase nota: You must Reader to op¢n any ~'~. on Phis page. If yau do Acro6at Reader, click f~ °REE software.l ~~~.iCs Rea( ~~ http://www.dot.state.ak.us/faiiap/leasing.ahtml 17 5/24/2007 bU7&PF> Fairbanks Mtemational Airport> Dolnc~ Business at FAI > l.easin~ Airport Property : ---~._.. .. ~t3tT3,~,°y~1I~~ Home • Abotct PAE ~ Cnntact Ir~formation .,, h Passenger Info Doing Business at FA! wooingBasiness~ Ler~St61f„~' s~ Airport Contact I: • Leasing Airport Property • Farms • FrequenYly Asketl Questions • Links . • Le~se Application nrncess~ • Contacls Fairbanks International Airport, Transportation & Public Faciliries, State of ftlaska Page 2 of 5 2. "auxAiary usa" means any business, service, or other f~nction that Is neither an aviation use nor a nonavlatio~ use and is located and carried out on an airport for the convenience of the air treveling public, aviation business on the airport, or the employees nscessary to the maintenance and operation of an airport; "auxiliary use" inciudes the following: airfreight forwarding, ground transpo~tation services not operated by the department, such as a Faxicab service, an airport iimnusine or shuYtle service, a rental car agency, ar a vehicle parking business; in-fliyht catering; hotel accommodation; restaurant service. 3. "nonaviation use" rneans any business, service, ar function that is (i) noY an aviation or auxiliary use; (ii) is not directly or indirect3y reiated to aviaYion or to the air traveling pu6lic; (iii) does not offer a producf or seroice that is speciaity reEafed to aircreff operefions or to air transportation; or (iv) is lacated ar operated to derive reve~ue primari4y from mem6ers of the pubiic not using air transportation services; and includes a grocery store, liquor store, lumber yard, agncultural activify, golf co~rse, automobile service station, shopping center, and bowting sUey. C1. How do I find out what lots or terminai building areas are availabie for lease? A. Contact the Leasing Office to discuss your proposed aativity and we'll show you whaYs availabie and work with yau to find an appropriate space, providad thai your propose8 activity reqaires being located on Airport land or in the terminal building. We highly encourage potential ~ tenents to co~taci the Leasing Office before submitting a lease appiication for a particular parcei or terminal building space so~~ that our ~ staff can work with you to help find the right fit for the activiry you'd like ~~~~ to do. _.. ..-..... .. Q. How is the term of an Airpod Lease established? A. Generally, an Airpod land lease term is based upon the doilar amouni of investment proposatl by the lessee and can be issuetl for up to a mawmum of 55 years. Lease term tables show fhe maximum term ihat wili be considered far a dollar amaunt af investment. A terminal building space lease.kerm is usuaily established on specific business criteria and may range from 120 days to 5 years. More infoe~~'~ Q, May I subiease space to someone else? A. Generally yes, provided that 1) you sub:ease to a company or person ior the same authorized uses in your original tease with the Airport; 2) the sublease is controSled by the Airpor!'s lease; and 3) you receive the Airport's prior writtert consent to the sublease agreement. More info~~ Q, Can I assume someone`s existing lease? A. Yes, but we highly recommend you contact the L.easing Office to determine if the lease is in goad standing and 'rf there are any probiems associated with the Iease you are interested in assuming. Regardiess of any pnvate fransactions befwean individuals, the existing lease remains in fhe original lessee's name until assignment papers have been submitted and consented fo 6y the Chief of Leasing. More InfoR~7~~~ q, What costs associated with leasing land at the Airporf is a lessee responsi6te for? A. The lessee is responsible for ali costs associated with devetopment of the properiy, including a slte survey, bringing utilities onto the site, drivsways, taxilane access, aU costs of construction, as-buiif drawings I8 hrip://www.datstate.ak.us/faiiap/leasing.shtmi 5/24l2007 Juneau 1VIun~cipal Airport (b) Leasing authorized. Land or facility space shal2 be leased as provided in chapter 53.2Q provided that the provisions of section 53.20.020 relaTing to a declaration of availabiliYy and identificatian in Che Iand mana ement plan shall not apply. ~: .; NotwiYl~etanding any provision of this Code, l~as~9 may be awarded without redew by the planning commissian and hy negotiation, provided that such negotiation is subject to he an a raisal. minimmn rentai, and other requirements of cha ter 53.20 otwithsYanding any provision ofthis Code, the maximum Yerm for a~1 "' ` e aC the " ti"r~ shall be 35 yeazs unless otherw~ise approvefl by Ehe ~ti~soz'~ board. e att~t~i'~ managar ~ shal maintain a master piaf of the s~ip~~ depictiug a ease ots and azeas, and ehali , have the authority to negoCiate ~e~6e:,'~ subaeet to a~proval by Yhe ~~;t board. 2~~ax~ lt~ases sha11 not include a term which requires a~i~ica~' purcl~ase or reversion of leasehotd ilnprovements fox less than 100 pereent o£ Pair market value No ~~~e £ar real proparty shall be offered unless such reai propei~y is surveyed and idenfified on the mastar plat. A11 ~e~s,ws sIaall contain a dese;iption of the leased property oonsistenf wi1. the mast~ plat. The masYer plat shall be chsnged, amended, or created by a registered land surveyor. Crrades for structures shall be consistent with the ~7~ort master plan. Lessees propos'rng conetruetion shall bear the responsibility for buildmg to grades specified by tl~e ~rjaci,r~,~ manager. 19 State of Alaska 2006 Aiaska Statutes Title 2 Sec. 02.15.690. Operation and use privileges. (a} In operafing an airport or air navigation facility owned or confrolled by the state, the departmenf may enter into contracts, Ieases, and other arrangements covering periods not exceeding 55 years with a person, municipaliky, or the United States, granting the privilega af using or improving an airport or air navigation facility ar a portion of it or space in it for commercia{, governmentai, or ot"~r pub{ic purpcses, includirg Nr~vate plans tie davYrs, OC C61~fBfPii~y tha priviiege of supplying goods, commodities, services, or faci(ities at an airport or air navigation facility. The department may establish the terms and conditions and °~_...-^.-- fix the charges, ranta(s, and fses for the privileges or ssrvices that are reasonable and uniform for the same class of privilege or service. Charges, renfals, or fees authorized by this subsection may be fixed for the internafionai airports by order of the commissioner or by negotiated or competitively offared contract. Notwithstanding AS 37.10.050 (s), the fixing af charges, renfals, or fees as permitted under this subsection is not subject to the adaption of regulation provisions a# AS 44.62 (Administrative Procedure Act). The terms, conditions, charges, rentals, and fees shall be esta6lisned with due regard fo the property and improvements used and the expense af operation to the state. A charge, rental, or fee imposed on a person who is not a fessee or concessionaire of the airport may nat have the effect of charging a percen#age of the gross revenue of the person as a condifiion of on-site access to customers who use the airport faciiity unless the charge, renfal, ar fee was in existence before January 1, 2006, and this exception is not affeeted if the department amends, increases, or decreases a charge, rentat, or fee Yhat was in effect beFore January 1, 2006. Use of state (and and buildings by the Alaska Wing, Civii Air Patrol and its squadrons 20 shall be permitted without rental charges. !f the department permits space in state-owned or state-controNed airports to be used as lounges for members af the United States armed forces, the Alaska Nafional Guard, the Alaska Naval Militia, or #ne Alaska State Dafense Force, and if the lounges are operated by persons exempt from taxation under26 U.S.C. 5Q1(c}(3j(interr~ai Revenue Code), rent may nof be charged ior the use af the space. The department shall provide for pubiic notice and an oppartunity to comment before a charge, rental, or fee is fixed by order of the commissionar as permitted under this subsection. The public may not be deprived af its rightfu{, equal, and uniform use af the airport, air navigation facilify, or a portion of them. (b) The department may by contract or otYter arrangement, upon a consideratibn fixed by it, grant ~o a quaiified municipality or person for a reasonable period of time the privilege of operating, as agent of the state or atherwise, an airport owned or controlled by the state. A municipaiify or person granted that privilege may not operate the airport other than as a public airport or enter into a contract, lease, or other arrangement in connection with the operation that the department may not have undertaken under (a) or (c} -(e) af this section. °~c) Notwithstanding the right of the public to rightful, equal, and uniform use under (a) of this section, before the expiration of a land leas~, inciuding the termination of a lease in hoidover status, entered infio under this section, the lessee may apply for a new lease, or for an extended term under the existing fease, for the same land. The commissioner shail approve the appiication for a new land lease or an extended term under this section without offering the land to other persons for leasing if (ti} the lessee is in compliance with the terms and conditians of the existing or holdover lease; and 21 (2) the continued use of the leasehoid is consistent with writfen airport operation palicies and is in the sYate's best interest. (d) A{and lessee owns titie to the permanent impravements that the lessee constructed or purchased during the ferm of the lease, unless the lease expressiy provides that the state is the owner of the permanent improvements. (e) At fhe expiratian, termination, or esnceilation of a land Iease entered into under this section, (1 } a lessee who owns the improvements under (d) of this section shalf continue to own the permanent improvements that the lessee constructed or purchased on a Ieasehofd if the lessee is granted under (c) of this section a new lease or an extended term for the same land; (2) a lessee may sell the permanent improvements owned by tha lessee to a succeeding lessee of the same land; (3) at the option of the Iessee, the permanent improvemenfs owned by the lessee may be sald by the state at pub{ic auction with the proceeds from the sale of the improvements going to the lessee, less administrative cosfs of the aucfion and obiigations owed under the lease to the state; the successful bidder has fihe same right to enter into a new lease under (c) of this sectian without the departmenf offering the Iand to other persons for leasing; (4) after nofice by the department, the permanent improvements awned by the lessee shall be removed at the (essee's sole expense if (A) the permanent improvements do nat comply with written airport operational palicies or are not in the state`s best interest; (8} the permanent improvements are not sold under (2) or (3) of fhis subsection; or 22 (G) the department makes written findings thet the permanent improvements are a hazard fo the public health and safety; (5) title to the permanent impravements vests i~ the department if Ehe sfate purchases or atherwise contracts for the ownership of the permanent improvements, or if the lessee abandons the permanent improvements. 23 Cf-h-j ~-~~ ~~b~r~o-~~a _~-~-----~- 13.04.330 Casnmerc€af lots ancE av'sation serviee 6eases. Leases for aviafion related services may be entered into for a maxirnum of thirty years, and renewa! may be made thereafter on a time basis agreeable to both city and lessee. The rental for such a iease shall be equitable and comparable to current commercisl or business lease retes. Any bui(ding or deveiopment pians by the lessee shall be submitted to the city council for appravai and shall state the intent of such building or development in wrifing. (Ord. 97 (part), 1976: prior code § 28.07.05D). 24 ~~~,~~d~ 5.32.120 Le~s~ of atrporf property. A. General. This section applies to the fease of a'[r~iqr`t property, fo the exciusion of the provisions of all other secfions of this chapter. ~3j~'port property may be lease~ through an application or sealed bid process. B. Application Process. An applicant desiring to ~ease ai%pq~ property shall submit an application to the city. The applicatian shali contain: 1. Name, address and phone number of appiicent; 2. Identificafion of area requested; 3. A description of the activity to be conducted; 4. A scale drawing depicting the proposed development, including but not limited to focation, size and height of buildings, identificatian of materials to be instafled on the property, and proposed Iocation of all utility connecfions. This drawing must show the relationship between the developmant, the property lines, and any relevant developme~t on adjacenf or other properties; 5. If the propased use is commerciai, a written business pian for the activity to be conducted; and 6. Any and ali additional informatian which may be requested by the city. C. Action On Appiicatinn. The ci#y shall process appfications depending upon use as follows: 1. Far private use, such as a har~ger or tie-down, where the building is less than fen thousand (20,000) square feet, and the term of the 1~~s~' is ten (10) years or less, the application and ~eas~ may be approved by the mayor after administrative review and evaluation. 2. Far a small commercial use, where the building is Iess than ten thousand (10,000} square feet and the term of Che ~e~se is ~:._ ten (1 d) years or Isss, the application and ~ease may be approved by the mayor after adminisfrative review and evaluation. 3. For any other use, the appiicatia~ wil! be reviewed by administration, submitYed to the planning commission for review and recommendafian, and then submitted to the city 25 counci( far final action. Private or small commercial use may also be submitted to the pianning commission and the city councii if, in the opinion of the mayor, such submittal is appropriate under the circumstances. 4. For aif uses, the cify may accept, re~ect or p(ace conditions on the acceptance of any application to tsase'~irpor~ property. The city may also require the prepayrnent by app(icant of certain necessary costs such as administrative costs, surveying, subdividing, utifity installafion, soils tesfiing, etc. d. Sealed Bid Process. The city council may make specific areas of the a~Cp~~ availeble for lea,se, for general or speciffo developmen4 fhrough a sealed bid procedure under conditions to be specified by y p ty reserves the right ta take the cit council. In this rocess, t e cF into consideratio~ factors other than le~se rate, and may award the property to any bidder whose propasal is deemed ta be in fhe best interests of the city, regardiess ofi le~~~ rate proposed. In addition, the city reserves the right fo reject any and all bids or proposals. E~ease Farm. A~e~se for a~ipqi'~ property shall include certain provisions, as follaws: 1. A requirement fhat the use of the property be in accord with the artpar,'t deveiopment plan, and that the use of the praperty shali not violate any condition or requirement piaced on the properky or the ai~p~~# itself by tha city, the state of Alaska, or the Federal Aviation Administration; 2~~as@, rate, term, rental acf]ustment and o~her provisions 5 32.120 Lease of air~iir~ property. A. General. This section appiies to the I~~s~` of a~~po~ property, 40 the exctusion of the provisions of all other sections of this chapter. ~:i,rpo~t property may be ~e~ser~ through an application or sesied bid process. B. Application Process. An applicant desiring to ~~as~ ~~rp~i~ property shall submit an application to the city. The appficafiion shall contain: 1. Name, address and phone number of applicant; 2. Identification of area requested; 3. A description of the activity ta be cnnducted; 4. A scale drawing depicting the praposed developmenf, including 6ut not iimitad to location, size and height of buildings, identification of materials to be installed on the property, and propased Iocatian of all utility connections. This drawing must show the relationship between the development, 26 the properfy lines, and any relevant development on adjacent or other properties; 5. !f the propased use is commercial, a written business plan far the activity to be conducted; and 6. Any and all additional information which may be requested 6y the city. C. Action On Applica#ion. The city shall process applications depanding upon use as foilows 1. For private use, such as a hanger or tie-down, where the building is less than ten thousand (10,Od0} square feefi, and the term of the te~se is ten (10} years or less, the application and Ne~s~ may be appraved by tne mayor after administrative review and evaluation. 2. For a small commercial use, where the buiiding is less than ten thousand (10,000) square feet and the term of the ~~ase is ten (10} years or less, the appiication and ~aas~ may be approved by me mayor after administrative review and eva[uation. 3. For any other use, the appiication will be reviewed by admi~istration, submitted to the planning commission for review and recommendation, and then submitted to the city councii for final sction. Private or smali commerciai use may also be submitted to the plan~ing commission and the city council if, in the apinion of the mayor, such submittai is appropriate under the circumstances. 4. For all uses, the city may accept re~ect or place conditions on the accepta~ce of any appiication to ~~~s~ azrpo~k property. The city may also require the prepayment by appiicant of certain necessary costs such as administrative costs, surveying, subdividing, utility installation, sails tasting, etc. D. Sealed Bid Process. The city council may make specific areas of the airpq~k available for I~a's~ fior general or specific development through a sealed bid procedure under conditions to be specified by the city council. In this process, the city reseroes the right to fake into consideration factars other than ~~a~~ rate, and may award the property to any bidder whose proposai is deemed to be in the best interests of the city, regardless of ~e~2's~' rate proposad. In additian, the city reserves the right to reject any and all bids or proposals. E. L~ase Form. A j~ase for airpp~k property shall include certain provisions, as follows: 1. A requirement that the use of the property be in accord with the ~air~o,r~ developrnent pfan, and that the use of the property 27 shall not violate any condition or requirement placed on the property or the a~rpart itself by the city, the state af Alaska, ar the Federal Aviation Administration; 2. Lea'se raEe, #erm, rentai adjustment and other provisions that are in accord with the requirements and policy af the Federal Aviation Administration; 3. A provision prohibiling assignment or subiease without the approval of the city; and 4. A provision authorizing the granfing of a security interest by the lessse in the leasehold interest far the purpose of securing financing far the construction of improvements on the property. F. No Warranties. By classifying or ~e~s~rt~ air~q;{~ property, the city expressly does not warrant that the land is suited for the use proposed or authorized under the classification or lease, and no express or implied warranty or guaranty is given as ta the present or any future condition of the property or tha# it shail be profitabie to employ the fand far #he prooosed or auChorized use. (Prior code § 7.16.125) thak are in accord with the requirements and policy of the Federai Aviation Administration; 3. A provision prohibiting assignment or sublease without the approval af the city; end 4. A provision authorizing fhe granting of a security interest by the lessee in the leasehold interest for the purpose of securing financing for the construction of improvements on the property. F. No Warranties. By classifying or ~e~s~r~g a~,r~~~ property, 4he city expressly does not warrant that the land is suited for the use proposed or authorized under the classi#ication or -e~s~, and no express or impGed warranty or guaranty is given as to the present or any future condition af the property ar that it shall be profitabie to employ the land far the proposed or authorized use. (Prior code § 7.16.125} 28 ~~~ ~ ~ a~ 1.3. J 0 The sole right to determine the level, rnethods and schedules of any mauztenance ar improvements at the Airport; and shall have the rigl~t to close the Airport whenever Landlord deems it necessary for reasons of public safety or convenience. I.A Na Lirnitation an Landlord's Autharity: Nothing stated herein shall be construed as to limit in any wa}r the general power and right of Landlord to exercise its governmental or proprietary powers in any way, including such as may affect the Airport, Yhe Premises, the Comman Areas, or any other area under the jurisdiction of Landiord. 1.5 Restrietions on Use. Except as necessary and incidental to Yhe use specifically authorized for the Premises pursnant to Section 1.2 of this Lease; and without Iimiring the generality of the restriction on the use set forth in Section L2 of this Lease, no use may Ue made of, on, or from the Premises relating to the use, handling, generation, sYorage, disposal, transportatiou, ar discharge of Hazardous Substances as defined in Article 6 of this Lease. Under no circumstazices shall any use Ue made of, or conduct occur on, the Premisas which would oause the Premises, or any part thereof, or the anprovements constructed on the Premises, to be deemed a hazardous waste treaUnent, storage, or disposal facility requiring a permit, interim status, o: any other special authorization undar any Environmental Law as defined in Article 6 of this Lease. 1.6 Access to Premises. Landlord shall at all times during ordinary business hours have the right to enter upon the Premises and Improvements for the purposes o£ (i) iuspecting the same; {ii} comfirming the performance by Tenant of its obligations under this Lease; (iii) doing any other act which Landlord may be obligated or have the right to perfomt under this Lease, or reasonably related thezeto; and {iv) for any other lawful purpose. Sucl~ in,pections shall be made only on 48 hour advance notice except in cases of emergency. Such notice shall be sufficient if prominenfly posted on the primary building for 48 hours prior to the inspection. , l, Article 2. Term 2.1 Term. The term of this lease is for a period of 24 years, commencing May 1, 2005, and continuing through Apri130, 2025, unless saoner terminated under the provisions of this Lease. 2.2 Options to Renew. 2.2.1 Subject to the terms of this Sectian 2.2, Tenant shali have the oprion to renew fhe term of this Lease for Three (3) terms af ten years eaeh, to run concurrent with khe expiratiott of the Primary Term, and each renawal tean. 3- BBST, LLC Ground Lease 29 SUBSTITUTE "A° Suggested by: Airport Commission CITY O~ IGEPIAI ORDINANCE 1V0. 2230-20CD7 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 21.10.090(dj(1} AND (2) BY ESTABLISHING DIFFEREATT REQUIREMENTS FOR DETSRU~TNING THE LENGTH OF A LEASE EXTENSION AND EXTENDING THE MAXIMUM TERM OF LEASE INCLUDING ANY EXTENSION FRQM 35 TO 55 YEARS. WHEREAS KIvIC 21.10.090(d)(1) provides for a maximum lease term of 35 years; ai2d, WHEREAS, KMC 21.10.09~(d)(2) provides that lease extensions may be granted for one year for each $25;000 of additional investxnents in permanent improvements; and, t~'HEREAS, KMC 21.1C.090jd)(2) alsa prcvides that ;he ma~imum terr.i fcr a iease including any lease extension, shall be 35 yeare; and, WHEk2EAS, it is in the best interest of the Citq of Kenai to provide for Iease criteria that encourage new permanent unprovements on the airport; and, WHEREAS, increasing fhe possible m~imurn term of a lease, including any extension, from 35 to 55 qears will encourage investment in permanent improvements at the airport. NOW, THEREFORE, BE IT ORDAINED BY THE CdUNCIL OF THE CITY OF KENAI, ALASIfA, that KMC 21.10.090 is amended as follows: 21.1U.090 Length of lease term. (a} Unless the City determines a shorter lease term is in the best interest of the City, the length of term for a lease granted for land within the Airport Reserve will ordinarily 6e based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the premises during the first twenty-four (24) months following the beginning date of the lease or lease extension. (b) Unless the City determines a shorter lease tersn is in the best interest af the City, the length of term for a lease renewai sha11 be based on a City-approved appraisal of the value of the permanenC improvements on the property as set forth in the table in suhsecGon (d)(1) of this section or the remaixiing useful life of the improvements, whichever is less. The appraisal shall be performed by an independent appraiser certified under Alaska Statute 8.87 with experience appraising airports irnprovements. The appraisal shall be paid for by the lessee. (c} If the applicant propases to invest less than one hundred thousand dollars ($100,000.00) or more in new permanent improvements on the premises, the m~imum term of a new lease skall be five (5) years. 30 Qrdinance No. 2230-20Q7, Substitute "A" Page 2 of 5 (dj If the applicant proposes to invest one hundred thousand dollars ($100,000.00j or more in new permanent improvements on the premises: (1) For an aviation related purpose, the maximum term of a new lease or renewal of an e~;piring lease shall be determined according to the following table: Applicant's Investment/Valne Mazcimum (in U.S. Dollars) is: Term of Years [LESS THAN $100,000 5 $100,000 - $199,000 15 $200,OQ0 - $299,OQ0 20 $300,000 - $399,d00 25 $4Q0,000 - $500,000 30 MORE THAtv $500,000 35] Less than ~ 100.000 5 $300,000 or more 55 (2) For an aviation related pur~ose. the ma~cimum term extension of an existing lease (initial lease nlus eactensions) sha1J be [ONE YE.AR FOR EACH TWENTY-FIVE THQUSAND DOLLARS (~25,OOd) OF ADDITIONAL INVESTMENT, PROVIDED THAT THE TOTAL OF THE REMAINING LEASE TERM AND EXTENSION SHALL NOT EXCEED THIRTY-FIVE (35} YEARS] fiftv-five (S51 vears. The len~th of the extension(s~ shall be deternuned bv the foIlowin~ table: Applicant's Investment/Value Maximum ~in U.S. Dollarsl is at Least Term ofYears $50,000-$100,000 S $104,000--$299 AOQ 25 $300,OOQ or More 55 However, no existina lease terin shall be extended bevond t1~e remainiqg use€ul life of the improvements. The applicant shall acquire at his/her sole expense a written opinion of Che remainina nseful iife of the improvements bv a~1 architect or eneineer reeisfered under AS 08.48 or a Penerai real estate apvraiser oertified under AS 08.7$ (3) Excent for subsection (dl(6) below, a bona fide third party purchaser af aviation related airport improvements may get an ea~tension for an existing lease acquired with impro~~ements based on a City approved appraisal of the unprovements purchased. Unless tl~e City determines a shorter lease term is in the best interest of the City, the extension shall be based on the table in subsection (d)(i) of this section provided no 31 Ordinance No. 2230-2007, Sixbstitute "A" Page 3 of 5 extension (initial term plus extensions) shall extend a lease term past [THIRTY-FIVE (35j~ fiftv-five (551 vears or the remainina useful life of the improvements whichever is less. Tke appraisai shall be performed by an independent appraiser certified under Alaska Statute 8.8'7 with e~erience in appraising airpart improvements. The appraisal shall be paid for by the lessee. The lessee shall acauire at his/her expense a written opinion of the useful life of the imnrovement bv an architect or engineer re~istered under AS 08.48 or a general real estate annraiser {4) (e) In th.e lease granted to the applicant, Yhe City Manager will include a provision requiring the applicant to substantially comptete the }~roposed improvements within a reasonable period of time, considering the eost and nature of the improvements. Provided, however, that the time allowed shall not ordinarily exceed iwenty-four (24) manths after the effective date of the lease. (fl In the Iease extension granted to the applicant, the City Manager wili included a provision requiring the applicant to complete the additional proposed improvements witkin a reasonable time periofl considering the cost and nature of the improvements provided that the tune period shall not ordinarily exceed twenty-four (24) months after the effective date af the lease extensian. (g) The City Manager will include a provision in a lease e~.~tension requiring the lessee to provide a performence band, deposit, persanal guarantee, or other security if the Manager determines security is necessary or prudent to ensure the applicant's completion of Yhe permanent improvements within the time period set under subsections (e} or (fl of this section. The City Manager will determirAe ttze form anfl amount of the security according to tlze best interest of the City, considering the nature and scape of the proposed 'unprovements and the fmancial responsibility of the applicant. (hj The applicant shall, within thirty (30) days after completion af the permanent improvements, submit to the City Manager written documentation that the improvements have been completed as required under subsection (e} or (f} af this sectian. (i) If the applicant shows good cause to the City Manager and the Manager determinas the action is not inconsistent wiYh the Cit~~'s best inYerest, the Manager may grant an e~ension that is sufficient to allow for the completion of the permanent improvements or for submission of docnrnentation that tha perxnanent impravements have taeen campleted under fihis section. No extensian or combination of ex~tensions granted will exceed twelve (12j months. 32 shall eactend a Iease term past twentv vears ('201 or the remaining useful life of the impravements whichever is less. The applicant shall acpuire at his /her sole expense a written opinion of the remaining useful life of the improvements by an architect or eneisieer re~istered under AS d$.4& or ~enaral real estate apnraiser certifxecl under AS 08.87. Ordinance No. 2230-2007, Substitute "A" Page 4 of 4 (j} If, within the time required under subsection (e) or (fl of this section, including any extension under subsection (i~ of this section, the applicant fai.ls to complete the required permanent impravements, the City Manager will execute the forfeiture of the performance bond, fleposit, personal guarantee, or other security posted by the applicant under subsection (g) of this section to tlie extent necessary to reimburse the City for all costs and damages, including administrative and legal costs, arising from the applicant's failure to complete the required improvements, and initiate cancellation of the lease ar reduce the term of the lease to a period consistent with the partion of the improvements subsYantially comp2eted in a timely manner according to the best interests of the City. (k) The City Manager shall review rates, charges and the investment value in this chapter every five years to deternlina if adjustments should be made. fl) When used in this section the following terms shall have the meanings given: (1) "Ea~piring lease" means a lease with less than one (1) ,year of term remaining. (2) "Es~sting lease" means a lease with at least one (1) yea; of term remaining. (3) "Permanent improvemenY' means a fia:ed addition or change to the land that is not temporary. "Permanent improvement" includes: (A) A building addi.tion, retaining wall, starage tank, aarthwork, fili material, gravel and pavement, and (B) Ramediarion of cantaxnination for which the applicant is not responsible; {C) "Permanent improvement" excludes items of ordinary maintenance, such a glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering reglacement or pavement patching. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of , 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 2, 2007 Adopted: May 16, 2007 Reconsidered: June 6, 2007 Postgoned to: July 18, 2007 Postponed to: August 15, ~007 Postponed to: October 3, 2007 Adopted: * Effeclive: " 33 ; ~;~~``~, ~_ _ flaeuf~~nf ~ NENA~ SiBA „I/'Cla9e w~t~r ~ Past, G~ y r~~tti a~u~`~re„ 210 Fidafgo Avenue, Kenai, Alaska 99611-7794 ~,,~,~, Telephone: 907-283-7535 / FAX: 907-283-3014 ~~~~) ~ 1992 s • TO: City Gnunail FROM: Riek Kach DATE: Septemkser 27, 20p7 SUBJECT: Ordinance 223E1-20U7 The purpQSe of this correspondence is to discuss the diffzrences between subsCitute ordinance "A," suggested hy the Airport Gommission, and substitute ordinance "B" sugeested by the adminisirarion. Both substitute ordinances provide far a m~iinum 55 year lease term. Substitute "A" includes a lease tenn matrix responding to three levels of investment. Invest~nent value of $ 100,0~6 or less provides a 5 yeax lease term, $ 100,000 -$ 299,000 provides a 25 year Iease term, and $ 300,000 or more provides a 55 year lesse term. Substitute "B" nicludes a lease term mateix responding to more discreet leveis of investrnent. Beginning with a 10 year lease term for inveshnent value of $ 200,000 or Iess, then increasing the lease term by 5 years for each $ 100,000 of additional investment. Acianinistration's betieves lowering the investment raquire~nent for a 10 year lease will encoura~e and foster start-up businesses within a time-frame short enough to not overly burden the development of airport properties should the Ieaseholder not be successful in their business endeavor. Administration also believes the lavel of investment required to secure Iongar term leases should be significanLiy more substantial. than what is suggested by the Airpart Comnlission. Under the Auport Commissions suggested ordinance a$ 300,000 invastment would provide t1~e tnaximtun tease Lerm of 55 years, eiiminating any incentive to extend the term of lease by additi~nal investment on the part of tl~e leaseholder. 34 Under the administrations suggested ordinance, a$ 300,000 investznent would result in a lease term of 20 years. 5 300,000 is of course not an insignificant investment, but in the cantext of present and firture construction costs it is not a veiy large investment. As an example, the estimated investment value of fhe new Arctic Barnabas Ministry pzoject is $ LS million. An initial lease term of 20 years based on a$ 300,000 investment provides the incentiee for a leaseholder with a successful business to coniinne to invest in the development thereby extending the terms of the lease. Tliere is also a difference between fhe two snbstitute ordinances as to the amount of additional i~zvestment required for tlie leaseholder to receive an extension of Che lease term. Since the basis af lease term extensions, minor the investment tables for the initial lease, the specific differences aze the same as the above discussion on inifial lease term. Substitute "A" provides for a lease term extension of up to 20 years to a hona fide parcl7aser of a general aviaEion hanger va3ued at less than $ 100,000. The administration's substitute "B" removes this provision in its entirery. Administration plans to work with the Airport Commission to draft a cornprehensive pro~am of leasin~; fcr ~eneral aviatian Izases. ;nciud;ng a sir.glc s~cfion dealing with *~-~e purchase cf a hanger valued at lass than $ 100,000 does not fit we11 in the ordinance as no other provisions for generat aviation leasing are addressed. It is adrninistrations intention to draft language governing geners~l aviation leasing in the next four months and submit that language to the Aiiport Commission for review and comment. Administration recommends Councii approval of substitute ordinance 2230-2007 "$." 35 SUBSTITUTE 'B" Suggested by: Admusistration CYTY O~' KEllAT ORDIPSANCE N'O. 2230-2DOT AId ORDINANCE OF THE COUNCTL OF THE CITY OF KENAI, ALASIi.A, AMENDING KMC 21.10.090(d)(1) AND (2) BY ESTABLISHING DTFFERENT REQUTREMENTS FOR DETERMINING THE LENGTH OF A LEASE EXTENSION AND EXTENDING THE MAXIMUM TERM QF LEASE INCLUDTNG ANY EXTENSION FROM 35 TO 55 YEARS. WHEREAS KMC 21.10.090(d)(1} protirides for a ma~cixnum lease term of 35 years; and, WHEREAS, KMC 21.10.040(d)(2) pravides that lease extensions may be b anted for one year for each $25,000 of additional investrnents in permanent improvements; and, LVHEREAS, f~MC 21.10.D90(d){2) also ~:ovides that the maximum term fo; a lease including any lease extension, shall be 35 years; and, WHEREAS, it is in the best interest of the City of Kenai to provide for lease criteria that encourage new permanent improvements on the airport; and, WHEREAS, increasing the possible maximum term of a lease, including any extensian, from 35 ta 55 years cvill encourage investment in permanent improvements at the airport. NOW, THEREFpRE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 21.10.090 is amended as follows: 21.10.Q90 Length of lease term. (a) Unless the City deternvnes a shorter lease term is in the best interest of the City, the Iength of term for a lease granted for land c~rithin the Airport Reserve will ordinarily be based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the premises during the first twenty-four (24) months following the beginning date of the leasa or lease extension. (b) Unless the City determines a sharter lease terrn is in the best interest of the City, the Iength of term for a lease renewa2 shail be based an a City-approved appraisal of the value of the permanent improvements on the property as set forth in the table in subsection (dj(1} of this section or the remaining useful life of the improvements, whichever is less. The appraisal sha1l be performed by an independent appraiser certified under Alaska Statute &.87 with e~perience appraising airports improvements. The appraisal shall be paid for by the lessee. (c) If the applicant proposes Lo invest less than [one] two hundred thousand d.allars [($100,000.00)] ($200,000) ~~or in new perrnanent improvements on the premises, the mazimum term of a new lease shall be [five] ten ((5)) j101 years, 36 Ordinance No. 2230-2007, Substitute "B" Page 2 of 4 (d) If the applicant proposes to invest [one) two hundred thousand dollars [($100,000.00}] ($200,0001 ar more in new perrnanent unprovements on the premises: (1j For an aviation related purpose, the maximum tarrn of a new lease or renewal of an expiring lease shall be determuzed according to the following table: Applicant's InvestmentJ~'alue Maximum {in U.B. Dollarsj is: Term of Years ~L~SS THAN ~ 100,000 5 $100,000 - $199,000 15 $200,000 - $~99,OOd 20 $300,000 - $399,000 25 $400,000 - $500,000 3d MORF THAN $500,000 35] For an aviation related purpose, the maximum terxn extensionj~ of an existing lease (initial tease plus e~-tensions) shall be [ONE YEAR FOR EACH TWENTY-FIVE TEiQUSAND DOLLARS ($25,000) OF ADDITTONAL INVESTMENT, PRUVIDED THAT THE TOTAL OF THE REMATNING LEASE TERM AND EXTENSION SHALL NOT EXCEED THIRTY-FIVE (35) YEARS] &ve vears for each one-hixndred thousand dol2ars ($106,OC10} of However, na existine iease term shall ba extended bevond the remainine useful lifc of the improvements. The ap~licant shall acquire at his/hez sole expense a written opinion of the remainin~ useful life of the improvements btr an architect or eneineer reeistered under AS 08.48 or a~eneral real estate appraiser certified under AS 08.78. (2) Except for subsecfion (d1(6) below, a bona fide third party purchaser of aviation related airport improvements may get an extension for an existing lease acquired with improvements based on a City approved appraisal of the unprovements purchased. Unless the City determines a 37 Less than $200.000 10 ~200 000 - ~299.000 1S $306 000 - $399 000 20 $404.000 - ~w499 000 25 $500,000 - ~599,000 30 Ordinance No. 2230-2007, Substitute "B" Page 3 of 4 shorter lease term is in the best interest of fhe City, the extension shall be based on the table is subsection (dj{1) of this section provided no extension finitial term nlus extensions) shall extend a lease term past [THIRTY-FIVE (35)] fift5--ffve (55) vears or the remainine useful life of the improvements whichever is less. The appraisal shall be performed by an independent appraiser certifiefl under Alaska Statute 8.87 with experience in appraising airport improvements. The appraisal shall be paid for by the lessee. The lessee shall acguire at his(her expense a written opinion of the useful life of the un~rovement by an azchitect or eneineer re~istered under AS 08.48 or a eeneral real estate appraiser certified under A8 0$.97. (e) In the lease granted to the applicant, the City Manager will include a provision requiring the applicant to substantially complete the proposed improvements within a reasonable period of time, considering the cost and nature of'the improvements. Provided, however, that the time allowed shaSl not ordinarily exceed twenty-four (24) months after the effective date of the lease. (f~ tn the lease extension granted to the applicant, Yhe City Manager will inc2uded a. provision requiring the applicant to complete the additional proposed improvements within a reasonable time period considering the cost and nature of the improvements provided that the time period shall not ordinarily exceed twenty-four (24) months after the effective date of the lease extension. {g) The City Uianager will ii~clude a provision in a lease extension requiring the lessee to provide a performance bond, deposit, personal guarantee, or other security if the Manager determines security is necessary or prudent to ensure the applicant's completion of the permanenY improvemenis within the time period set under subsections {e) or (fl of this section. The City Manager will determine the form and amount af Yhe security according to the best interest of the City, considering the nature and scope of the proposed improvements and the financial responsibility of the applicant. (h) The applicant shall, within thirty {30j days after completion of the permanent improvements, submit to the City Manager written documentation that the improvements have been eompleted as required under subsection (e) or (~ of this section. (i) Tf the applicant shows good cause to the City Manager and the Manager determines the action is not inconsistent with the City's best interest, the Manager may grant an extension that is sufficient to allaw for the completion of the permanent improvements or far submission of documerztation that the permanent improcements have been completed under £nis section. I~To extension or combination of extensians granted will e~ceed twelve (12) months. (j) If, within the time required under subsection (e} or (fl of this section, inc3uding any extension under subsection (i) of this section, tlze applicant fails to complete the required permanent improvements, the City Manager will execute the forfeiture of the performance bond, deposit, personal guarantee, or other security posted by the applicant under subsection {g) of this section to the extent necessary to reunburse the City for all costs and damages, includ'zng 38 Ordinance No. 2230-2007, Substitute "B" Page 4 of 4 administrative and legal costs, arising from the applicant's failure to complete the required improvements, and iflitiate cancellation of the lease or reduce the term of the lease to a period cansistent with the portion of the improvements substantially completed in a timelq manner according to the best interests of the City. (k) The City Manager shall review rates, charges and the investment valixe in this chapter every five years to determine if adjustments should be made. {1) When used in this section the following terms shall have the meanings given: (1) "Expiring lease° means a Iease with less than one (I) year of term remaining. (2~ "Easisting lease" means a lease with at least one (1} year of term remaining. (3) "Permanent improvement" xneans a fi~ced addition or chan~e to the land that is not temporary. °Permanent improvement" includes: (Aj A building addition, retaining wall, starage tank, earthwork, fill material, gravel and pavement, and (B) Remediation of contamination for which the applicant is not responsihie; (C) "Permanent improvemenY' excludes iterns of ordinary maintenance, such a glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering repiacement or pavement patching. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of _ , 2007. PAT POItTER, MAYOi2 ATTEST: Carol L. Freas, City Clerk Introduced: May 2, 2007 Adopted: May 16, 2007 Reconsidered: June 6, 2007 Postponed to: July 18, 2067 Postponed to: August 15, 2007 Postponed to: O ctober 3, 2007 Adopted: " Effectiva: * 39 Suggestcd by: Administration CI°1'Y {7F KENAT ORDINANCE NO. 2253-2007 AN ORDINANCE OR THE COUNCIL OF THE CITY OF KENAZ, ALASKA, INCREASING ESTTMATED REVENUES AND APPROPRIATTONS BY $1;000 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the State of Alaska has providad a grant in the amount of $1,000 to be used far attending the 6+h AnnuaI Nortl~west ILL anfl Resource Sharing Conference in Portland, OR in September. N{}W, THEREFOI2E, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estirnated revenues and appropriations be increased as follows: General Fund Increase Est;~-nated Revenues: State Grants 1 000 Increase Apprapriations: Library - Transportatian 1 000 PASSED BY fiHE COUNCIL OF THE CITY OF KENAI, ALASKA, this thu-d day ot October, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced:September 19, 2007 Adopted: October 3, 200'7 Effective: Octoher 3, 2007 Approved by Finsnce: (09/11/2007) hl 40 Suggested by; Adxninistration CYTY O~` KENAY rro. a2s~-2oo~ AN ORDIATANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES ANI3 APPROPRIATIONS BY $7,000 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the State of Alaska has provided a grant in the amount of $'7,000 to be used for improving service to Russian and Spanish speaking residents. iVOV~J, THEREFORE, BE IT C3RLIAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriatians be increased as follows: General H~.u~d Increase Estisnated Revenues: State Grants ~7.000 Increase Apprapriations: Libraxy - Books $5,000 - Small Too1s 2 000 ~.aoo PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of Octokrer, 200'7. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced:September 19, 2007 Adopted: October 3, 2007 Effective: October 3, 20d7 Appraved by Finance: .~ (09/11/2007j hl 41 Suggested by: Adrninistration CITY OF KENAI RESOLUTION N0. 20U7-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, AI,ASKA, TRANSFERRING $40,000 IN THE RUNWAY SAFETY AREA IMPROVEMENTS CAPITAL PROJECT FUND FOR ENGINEERING. WHEREAS, funds needed for engineering in the Runway Safety tlrea Improvements Capital Project F'und are in excess of budgeted amonnts; and, WF3EREAS, the Runway Safety Area Improvements Capitai Project has additional engineering needs; and, VJHEREAS, £unds are available for transfer from the Administration Account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Runwav SafetS~ Area Impravements Capitai Proiect Fund From: Adrninietration $40,000 To: Engineering $40,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of October 2007, PAT PORTER, MAYQR A'CCEST: Carol L. Freas, City Clerk Approved by Finance: ~~'~ (09J27/2007) ml 42 ACrEId13A KE1~AI ~EfiY 00€7IdCIL - RECri3LAR NFEETING SEFaTEMBER 19, 20Q? ?:OQ P.M. KEiVAI CITI' COUNCYL CHAMBERS http: / lwww.ci.ken.ai.ak.us YTEM A: C~iLL TO ORDER 1. Pledge of AClegiance 2. RoII Call 3. Agenda Approval 4. Consent Agenda *tll1 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 iterns unless a council n2ember so requests, in which case the item w~ill ~ae removefl £rom the conser_t agenfla and consiflere~ in its normal sequence on the agenda as part af the General Orders. ETEM B: SGIiEDULED PUBLiC COMMENTS (10 minutesj 1. Patsy CliffordjKenai L'asse Dancers, Jaans~a Iiolliex and Bill dsborn -- Kenai Senior Center. 2. Lori DilAey, Hattenburg, Ailtey & Linnell -- Status Report/Water System Improvements. 3. Trent ~emmens, Kenai ski Team -- F~znding Request. ITEM C: UNSCF~EDLILED PUBLYC CQMMENTS (3 minutes) ETEM D: REPBRTS OF` IfPB ASSEMBLY LEGI~LATORS ANT3 COUNCILS YTEM E: PUBLIC HEARING~ (Testimony Iimited to 3 minutes per speaker.J 1. Ordasiance No. 2250-2007 -- Increasing Estimated Revenues and Appropriations by $b,350 in the Library Fund for a State Grant. 2. Ordinance No. 2251-2Q07 -- Amending the Official Kenai Zoning Map by Rezoning Lot 1 and Lot 2A of Schurr Subdivision From General Commercial (CGj to Limited Commercial (LC). 3. Clydinanee No. 2252-2UQ7-- Increasing Estirnated Revenues and Appropriations by $2,500 in the Senior Citizen F~and for Gas Card Donations From Tesoro. 43 4. ResoEutiorx No. 2007-57 -- Exfending the Contract with Wince-Carthell- Bryson for Architectural/Engineering & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. *Liquor Lieeuse Apptiaation (New) -- Acapulco Mexican Restaurant #4740/Restaurant Eating Place Public Convenience *lSestaurant Deaignation Permit -- Hectar Santana/Acapulco Me~can Restaurant ETENY F: MINUTES *Regular Meeting of September 5, 2007. FTEM G: IINFINYSHEIB BUSINESS YTEM FI: NEW BUSINES3 l. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 *Ord'anance No. 2253-2007 -- Increasing EsYimate& Revenues and Appropriations by $1,Od0 in the General Fund far a LibrarV Grant. *Ordiaaace No. 2254~•2007 -- Increasing Estimated Revenues and Appropriations by $7,Od0 in the General Fund for a Library Grant: D'aseussion -- Draft Kenai River Working Group ResoTution No. 2407-02. I3iseussion -- Thompson Park Gravel Fit LJpdate ITEM I: COMMTS3IQN/COMYvIITTEE REPdRTB 1. Councii on Aging 2. Airport Commission 3, Harbor Commission 4. Library Commission 5, Parks Ss Recreation Comrnission 6. Planning 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal Leaa e Report c. Joint Kenai River Working Group d. Mini-Grant Steering Committee YTEiU1 J: REPORT OF THE MAY~IZ ITEM K: 61DMINISTRATION REPC3I2TS 44 1. City Manager 2. Attorney 3. City Clerk YTEM L: Citizens (five minutes) Councff LTEM M: PENDING LECrISL?.TI~N (This item lists tegislation which witl be addressed af a later date as noted.) Ordinanee No. 2202-2006 -- Amending KMC 11.05.090 to Lirnit the Use of the City of Kenai Baat I.aunch, Located at. the Municipal Harbor, to Vessels and Boats Powered by Four-Cyc1e or Direct Injection Two-Cycle Engines. (1/17/07, Tabted, no time certain.) Ordinaace No. 2230-2007 -- Amending kMC 21.10.090(d)(1) and (2) by Estabiishing Different Requirements for Determining the Length of a Lease Extension and Extending t_re vla~cimum Term af Lea~e Including Any E~.tension from 35 to 55 Years. (Approaed for reconsideration 6/6/07; postponed to 7/18/07; postponed to $/IS/07; postponed to t0/3/07.) Oadinaaoe No. 2240-2009 -- Amending KMC 2 L 10.070 to Give the Aiz•port Commission More Authority Over Leasing Decisions Within the flirport Reserve. (7/ 1$/ 07, Tabled, no time certain..) -- Negotiating StrategyJDepartment of Public Safety. ITEM Ms AI3JflURNNdEN2' 45 KENAI CITY COUNCYL - KEGULAR MEETING SEP'SEMF~ER 29, 200? ?:00 P.NL. KEPFAI CYTY COLTNCYL CHAMBERS http: / lwww• ci.kenai.ak.us MAYCYR P.~3' PORTER, PRE5I79ING MYNUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to orfler at approxirnatelq 7:00 p.m. in the Cauncil Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL A quorum was present. Also present: Brittany Harding, Student Representative A-3. AGENDA APPROVFiL The follouring items were requested to be added to the packet: ADD TQ: Item I~-S, Dra~ft Kenai River Workia.g Group Resolution No. 2007-02 Di~eussiou -- 9/ 19/07 Ricky Gease email conespondence / comments. t~DD TQs Item H-5, Draft Keuai River Working Group Itesolutiau No. 2007-02 --KachJMoore Second Draft of Resolution No. 2007-02 r~o~aorr: Council Member Molloy MOVED for approval of the agenda, including the requested additions and requested iJNE3PiIMt7iT8 CQN5EPTT. Council Member Boyle SECOk~7DED the motian. There were no objections. 30 ORDEREI?. .ei-4. CONSEPiT AGEN33A MOTIOlY: 46 The City Cierk took roll. Present were: KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 2 Council Member Moore IYFOVED to approve the consent agenda as presented and requested UN~YMf.eUS C4NSENT. Council Member Eldridge SECC3NDED the motian. There were no objections. SO ORDELLED. ITEM B: SCIiEDtTLEE} FLTBLIC COMMEtdTS (10 minutes~ 8-1. Patsy CliffoxdlKenai Line Daacers, Jaatana Holtier aad Sill Osbom - Kenai Senior Center. Patsy Clifford/LSmn Wheeler -- Thanked council for support of the Kenai Senior Center, return af the salad baz, and senior pragrams, including Kenai Line Dancers. 8.2, I,ari Dikley, Fiatteaburg, LbiIley & L'snriell -- 6tatus ReportJWater System Impravements. Dilley reviewed the water system improvement draft resuYts infarmation included in the packet, noting the process used and recommendations made, i.e. drilling two wells in the Eag1e Rock area for testing with estimated cost of $85,000; treat the Angler Well for arsenic, iron, manganese, and some color and organic removal at an estimated cost of $1.1 to $1.2 rni2lion; and treat color, organics, odor, removal of manganese and arsenic from current Well No. 2 at an estimated cost of $I, to $1.1 million. Discussion followed with cominents including: • Aflministration supported invesfigation of Eagle Rock water welts. If acceptable volume and arsenic levels are not found, then proceed with the Angler Well and arsenic removal. + A natice to proceed would take several weeks, including placement of drilling rigs, etc., but it would be desired to da the drilling befare arinter in order ta have samples tested, know about the quaSity by Atovember, and then do pumping testing for quentity. Testing far quantity wouid indicate any unpact the well woulfl have on private wells in the area. • Snfficient funding would be available for the drilting of the Eagle Rock wells, as weil as placement of a well house. • Well No. 2 cvould continue ta be used as a back-up well with enough dilution to reduce the color and meet water quality standards. • Noted water pressure on the current water system is limited hy the transmission line into town. Replacing the lines would increase the pressure, however that should not take place until knowing the location of the well. Consensus of cauncil was to mave ahead with the project. B-3. Tremmt Semmens, Kenai Ski Team -- r unding Request. 47 KENAI CITY COUNCTL MEETING BEPTEMBER 19, 2007 PAGE 3 Trent Semmeas, Keaai Ski Team/36574 Mackey Lake Road, Soldotna -- Semmens thanked council for supporting funding for grooming ski trails during the winter and referred to his letter included in the packet requestina support of his senior civics project to provide a new ski she8 far the Kenai Central High School and used as a waxing shed, storage area for skis and gear, and ski-training facility in the summer. Semmens also explained a Iocafion for the shed had been approved by the school principal and to earn a$6,000 donation from the city, the ski team would clean the city's north beach during the dip net fishery. Discussion followed with eamments inctuding: . He had received some verbaliy approved danatians, but none committed currenflq. • Suggestion cauncil authorize $7,500 for the clearung of the beach, which was what had been budgeted previously for the Boys & Girls Club Project Pratect. • The shed would nat be buitt this year. Administration was directed to wark with Semmens and prepare a written agreement for the work and return it for council's review. ITEM C: UNSOYfEDIJLE7} PUSLIC Ct2R+IMENT3 -- None. ITEM D: REPORTS f3F KPS ASSEMBLY LEGESLATORS AND CCeUNCILS None. ITE11~ E: PUBLIC IiEA12INGS (Testimony limited to 3 minutes per speaker.) E•1. Qrdiaaaace No. 2260-20Q7 -- Increasing Estimated Revenues and Appropriations by $6,350 in the Library Fund for a State Grant: MOT%O1rI: Council Member Swarner &f4VED for adoption of Ordinance No. 2250-2007 and Council Member Eldridge SEC~NDED the motion. There were no public or council comments. V01`E: *Stuflent Representative Harding: Yes 48 KENAI CITY COUNCIL MEETING SEPTENiSER 19, ?007 PAGE 4 Eldridge Yes Ross Yes ~ Molloy Yes Boyle Yes Porter ~ Yes Moore Yes i Swarner Yes _ _~_ _ ___ MOTIOPT PASSED UIVANTMOU~LY. E-2. Ordinance No. 2251-2007 -- Amencling the Official Kenai Zoning Map by Rezoning Lot I and Lat 2A of Schurr Subdivision From General Commercial {CG} to Limited Commercial (LC). MOTION: Council Member Eldridge MOVED far adoption of Ordinance No. 2251-20a7 and Council Mer.~ber Svrar.ler S~CflNI?ED the motion. There were no public comrnents. Council discussion noted the following: • Referring to the city attorney's memoraudum relafed to spot zoning included in the packet, it was noted the rezoning was nat a spot zoning issue. + Furpose af the memorandum was to inform council on the Homer decision. • The rezone was consistent with the Comprehensive Plan. • It was not believed there would be isnpacts to adjoining general cammercial lots in the future. YTmTE: MOTION PASSEfl L71+tANIMOUSLY. E-3. ~rdiuaaeae No. 2252-2UQ7-- Increasing Estimated Revenues and Appropriations by ~2,500 in the Senior Citizen Fund for Gas Card Donations From Tesoro. IVIG~TIQAN: Gouncil Mamber Eldridge M0~7ED to adapt Ordinance Na. 22"s2-2007 and Council Member Molloy SECOIVDED the motion. 49 ~Student Representative Harding: Yes KENAI CITY COUNCIL MEETTNG SEPTEMBER 19, 2007 PAGE 5 There were no public or council comments. V03'Ee MOTIQN PASSEIe UNANIMOU3LY. E-4. Resolution No. 20Q7-57 - Extend'xng the Contract with Wince-Corthell- Brys~r. fcr l~rchitectural/Eagineering ~ Constructior~ ~~I~~agement Services for Kenai Municipal Airport Capital Improvement Projects. M02`ION: Council Member Molloy MOVED to enact Resoluuon No. 2007-57. Council ~ember Swarner 6ECONElED the motion and requested tINANTIMC3US CON3ENT. There were no public comments. Gity Manager Koch reported the worlt was anticipated to end in Decernber/January, however a new request for proposal will be prepared for new airport projects during that time. E-5. Liquoz License Applicetion (Newj -- Acapulco Mexican Restaurant #4'740/Restaurant Eatin~ Place Public Convenience Approved by consent agenda. E-6. Restaurant Designation Fermit -- Hector SantanaJAcapulco Meacican Restaurant Approved by consent agenda. ITEM F: iVfINUTES F-1. Regular Meeting of Septembar 5, 2007 -- Approved by consent agenda. ITEIVI ~: LSNFINISHED BUSINESS -- None. YTEM H: NEW SUSINESS H-1. Bills to he Ftatified 50 *Student Representative Harding: Yes KENAI CITY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 6 M~TI~N: Council Member Moore MC3VED to ratify the bills and requested UId.~NI1VgpUS CONSNET. Council Member Swarner ~ECONDED the motion. VOTE: There were no objections. 30 C3KUERED. H-2. Agproval of Purchase Orders Eisceeding $15,000 -- None. H-8. Oxdinance Na. 2253-2007 -- Increasing Estimated Revenues and Appropriatzens by $1,d00 in the General Fund for a Librai-~~ G:°a~:t. Fntroduced by approval of the consent agenda. EY-4. Ordinance No. 2254-20d7 - Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund far a Library Grant. Introduced by approval of the consent agenda. I~-5. Diseussion -- Draft Kenai River Working Group Resolution No. 2007-02. Council Member Moore reviewed a second draft resolutian which was provided to council at the beginning of the meeting. Moore noted the following: • The siYth and ninth "whereas" paragraphs had been removed, as well as amendments to Che "now, therefore" paragraph to eliminate references to Department of Natuzal Resonrce (DNR) regulations being adopted because the adoption had not yet taken plaee. + The resolution was drat`ted to address the problem of hydrocarbon pollution on the river below Warren Ames Briflge during the month of July largely caused by the use of two-stroke boat motors. Discussion followed with comments inctuding: • DNR regulations would be bann;ng tt,,o-stroke engines in the upper river during the month of July. • Two-stroke engines would be banned during July in 2008-2009 and banned totally by 2010. • Because the DNR regulations state the two-stroke angines would be banned during the month of July in 2008-20Q9 and allowed above the bridge in 51 KENAI CTTY COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 7 August, and the draft resolutions referred to "dip net fishery" which could be extended into August, concern noted the resolution should be consistent with the DNR regulations. . Tf the dip net fishery would extend into August, there would be a hydrocarbon problem in botlz July and August. fihe resolution referred to "dip net fishery" to cover whatever length the dip net fishery may take. • Suggestion to change the last line of the second draft "now, eherefare° paragraph fo: "...as of January 1, 2008 personal use dip netting durin~ the manth of Julv on the Kenai River..." There were na objections from cauncil to make the change. It was noted, the second draft would be reviewed by the Working Group, along with any suggestions brought forward from the Borough ar City of Soldotna at the Group's next meeting. H-6. D`ascussion. -- Thompson Park Gravel Pit Update City Manager Koch reviewed the historical information included in the packet related to the gravel pit. Comments of Koch and council included: • The gravel pit was on the property prior to its being given to the City from the State. • Administration had no plai~s for reclasnation unless councIl so directed. • The issue was brought forward by a citizen concerned about inereased dirt bike, snow machine traffic on the roadway to the pit. • The police departmenY had increased its presence in the area. • There was no legal tequirement of the city to reclaim the area due to the time peizofl from inception to present. • Access to the pit should be cansidered as well as use of the area for placement of fill from gathered from city projects. Coancil clirected administration to manage the issue. BREAK TAKEN: 8:04 P.M. ~ACK TO ORDER 8:14 P.M. ETEM I: COMM%S3I01~I/CQNiM%T°TEE REPORTS I-L. Council on Aging -- Council Memher Boyle reported on the meeting held September 13, noting fihe chair resigned. Y-2. Airport Commissimn. -- Council Member Eldridge reported on actions and recommendations made at the September 13, 2007 meeting. 52 KENAT CITY COUNCIL MEETING SEPTEMBER I9, 2007 PAGE 8 f-3. Eiasbor Commzssioa -- Boyle reported the Commission rnet on September 10 and reviewed the meeting summary which was inciuded in Yhe packet. Mayor Porter noted ikie resignation of Randy Canady from the Commission and the application of Dennis Gregory, which was included in the packet. Porter recommended Gregory's appointment ta the Commission and council stated na objections. F-4. Library Cammission -- Council Member Swarner reported the September 4, 2007 meefing summary was included in the packet. I-5. Farks & Recreatioa Cammission -- Council Member Moore reported the next meeting was scheduled for October 4 and noted the letter of resignation received fxom Darrekl Hagen, which was includad 'zn the packet. I-6. Plaanzng 8s Zoning Commfssion -- Council Member Ross reviewed the minutes of the September 12 Commission meeting which were included in Yhe packet. I-7. Miscellaneous Cammissians amd Comxnittees I-7a. Beautifxcatsora Committee -- Swarner noted the September 11, 2007 meeting summary was included in the packet for review. A brief report was given reiated to the progress of the Beautification Committee's subcommittee project along the Spur Highway in front of the used car Lot. I-9b. t§laska Municipal League Regort -- No report Y-7c. Joint T~enai River Working Group -- No report. I-7d. Mini-Crraut Steering Committee -- Mayor Porter noted no applications had been received for consideration by the September 15 deaclline. Porter noted the agplication of Sa1 Mattero for consideration of appointrnent to the Persannel Arbitration Board was included in the packet. Council stated no objections to the appointrnent. ITEM J: REPORT O~ THE P/dAYOR -- Mayor Porter noted the following: • She parficipated in opening night ce.remonies of the Brown Bears hockey game wifh Mayor Carey. • Helped with preparing floats for the Kenai Central High SchooT homecoming. • Represented the city at the Kenai New Life Assembly of God church's SOth anniversary celebratian. 53 KENAI CI'I`Y COUNCIL MEETING SEPTEMBER 19, 2007 PAGE 9 • She and Mayor Carey were working together planning a celebration for November 10 in honor of returning troops. • The Chamber's fizndraiser would be held on October 6. YTEN! K: ADMINZSTRATI4N REPORTS E£-1. City Maaager -- City Manager Koch reported the foilawing: • Refeizing to Information Item No. 4, a letter from the Palladin Group related to the development of the Frontier Comrnunity Services Project and a new confrguration of the building on the site, Kach reported administration was not in favor of the new design. The project will be designed as ariginally proposed. • Uftlity locations were requested for placement of Old Town sidewalks. Right of way research was aiso being accomplished. • Fire Chief Mike Tiily reparted thP Ke::ei Saccer Rsseciati~n had bPen requested ta hold the 2009 state tournament in Kenai. He thanked the city for its support. • He signed the Lowe's property purchase clasing papers on September 15 and funds had been transferred to tYie city. « Spoke to the Leadership Class at the high school related to filming of council meetings. Some interest was expressed in doing the project by severat students and an agreement defming the school(students' responsibilities would be prepared. • He had made inquiries related to soil borings along Bridge Access Road as requested by council and was waiting to receive an e~planation. • A C-17 would be landing at the Kenai Airport for the first time to pick up reservists. • The Kodiak Cable Company was using the Kenai dock for its boat during surveying/mapping wark of the ocean floor related to the piacement of fiber optic cable. K-2. Attorney -- No report. K-3. City Cterk -- Clerk Freas noted the fallowing: • Referring to her memorandum included in the packet related to changes in the election board for Precinct No. 3, requested approval of the chaxiges. Council stated no objections. • Absentee In-Person voting was continuing through election day at Kenai City Hail. . Reminded council of the work session schefluled for 5:45 p.m. on October 3 regarding Kenai bear population and related topics. • The November Harbor Cammission meeting had been rescheduled to Tuesday, November due to the closure of city offices on Monday November 12 in observance af Veterans Day. 54 KENAI CITY COUNCIL MEETING SEPTENIBER 29, 2007 PAGE 10 ITEbI L• L-1. C'st'szens (t°ive minutas) -- None. L-2. Council -- Boyle -- No coxnments. Molloy -- No comments. Ross -- No cornments. Harding -- Repor'ted on the hzgh school Homecoming celehration and Leadership Class representatives to film council meetings. Eldridge -- No comments. Swarner -- • Inlet Salmon processor requestefl the city consider upgrading the road to the ~lant and requested Koch tc a~esearch the issue. . The United Way kick off was the topic of discussion at the day's Chamber luncheon. VJhen asked if a presentation would be made to city employees, Koch reported yes and attendance was optional. Moore -- No comments. FTEIYI Nf: PENLIING LEGISLATION (This item lists legislation which will be addressed at a Tater date as noted.) Ordinance Ido. 2202-2006 -- Amendii~g RMC 11.05.09d to Limit the Use of the Gity of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powared by Four-Cycle or Direct lnjection Two-Cycle Engines. (1/ 17/O7, Tabied, no time certain.) Qrd'saance Na. 2230-20Q7 -- Amending KMC 21.10.090(d)(1) and (2j bq Establishing Different Requirements for Determining the Length of a Lease Extension and E~:tending the Nfasimum Term of Lease Including Any Extension from 35 to 55 Years. (Approved for reeonsideration 6/ 6/ 07,• postponed to 7/ 18/ 07; postponed to 8/ 15/ 07; postponed to 1 D/3/07.J Ord'utaaee ~a. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commissian More Authority Over Leasing Decisions Within the Airport Reserve. (7/ 18/ 07, Tabled, no time certain.) EXECUTIVE SESSION -- Negotiating Strateg~*/Department of Public SaFety raaTxo~v: 55 KENAI CITY COUNCIL MEETTNG SEPTEMBER 19, 2007 PACxE 11 Council Member Moore MOVED to convene in an executive session of the council of the City of Kenai, concerning matters fhe immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Council Memlaer Eldridge SECC3NDEI7 the motion. VQTE: Boyle Yes Porter Yes ~ Moore ~ Ycs ~Swarner Yes I Eldridge Yes ~ Ross Yes j Molloy Yes i ~ ~ MiCtTION PASSED UNANTMCDUBLY. ~CSr~7F'~F~ ~~T'SO F`..~:.EC'SU'd`FiT~ S~S5~9~sT; ~:~~ P,1VI, RECdN`lENED &NTO COUPiCI3. MEETING: 9:15 P.M. Council Member Moore reported the council met in executive session and instructed the city manager to conunue negotiations with the Department of Pubiic Safety. %TEM M: ADJOURIdNLE10iT There being no furfher business before the Council, the meeting adjourned at approximately 9:16 p.m. Minutes submitted by: Carol L. Freas, City Clerk '~The siudent may cast ttdvzsory vofes on at[ matfers except those subjecT to execuEive session discussion. Advison,~ votes shaii be east prior to the of~eial eouncit vote and shali not affect the outcome of a uote. Aduisory uotes shatl be recorded in the minutes. SCudent representatiues may not move or second items during a councii meeting. 56 h G N M ~ W m O t3 a ~ 0 cn z r W ~ J CJ Z ~ O ~ ~ N ~7' r f~'i W N W h ~ r ~ N ~ O ~ } W ~7 ~ 7 U K U w w U ~ W ~ tiJ ~ W ~ O _ 57 o a a O p O C G! O O O fp O M M ~ ~ ~ °o O 0 O l!T N O t;a g u7 cT d O ~ Q. G. Q ~ C~l Z ~ Q U ^ W W Z 2 C3 ~ ~ N d Ci C ~ o ~ ~ O ~ ~ ~ w o u: ua d a ~ ~ w C> w ~ ~ d '! = O O_ U ~ W J Ll' ~ 0. ~ N ~ a ~ Z Z W ~ Sh W ~ Z ~ W O ~ at ~ V ~ LU U ~ a ~ w ~ w W ~ a ~ ~ ~ Q 4 ~ ~ ~ ~ ~x. ~ ¢ d ~ ~ pW O~ V W ~ atl z ° z ~; d z ~ ~~ ~ c7 z ~ = V d p ~` Z ~ aq z 0 r ~ m x ~ ~ w ~ ~ ~ O ~ ~ ~ r ui ° U z z ~ ~ ~, ~` ~ D 03 '? ..~¢ U l)k V d > z ~ 58 Suggested by: Administration CITY £3F KENAI ORIAINANCE NO. ~256-2007 AN ORI7INANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $36,909.53 IN THE GENERAL FUND TO PROPERLY ACCOUNT FOR IN KIND SERVICES PROVIDED TO THE SOCCER PARK CAPITAL PROJECT FUND. WHEREAS, in FY2007 General Fund personnel performed work related to the Snccer Park Capital Froject, for which the Soccer Park Capital Project F~and was charged $19,209.53; and, WHEREAS, General Fund equipment was used in performing this work for which Yhe Soccer Park Capital Praject F1xnd was charged ~17,700. This amount was recorded as Miscellaneous Revenue in the General Fund in FY2d0'7; and, WHEREAS, the costs paid by the Soccer Park Capital Project Fund result in a cash shortfall in the fund of $36,9~9.53; and, WHEREAS, these fiznds are in the General Fund fund balance as a resnlt of the FY2007 transactions noted above; and, WHEREAS, a transfer to Yhe Soccer Park Capital Project Fund from the General Fund in the amount of $36,9Q9.53 needs tn be done to close the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as £ollows: C<eneral Fund Increase Estimated Revenues: Appropriation of fund balance $36,909.53 Increase Appropriations: Transfer to Capital Project $36,909.53 PASSED BY THE COUNCIL QF THE CITY OF KENAT, ALASKA, this 17+~ day of October, 2007. PAT PORTEI2, MAYOR A'i'TEST: Caroi L. Freas, City Clerk Introduced: Qctober 3, 2007 Adopted: October l~, 2007 Effective: October i7, 2007 Approved by Finance: (09/ 17/2Q07) hl 59 MEMOT2A?~DUM To: City Couilcil ~ Through: Rick Koch, City Manager From: Larry Semmens, Finance Director ~ Date: Septernber 2A, 2007 SubjeeY: Ordinance 2255-2007 Soccer 1'ark Transfer This ordinance is a ofeauup measure tn elose out Che Socce~~ Park CapiYat Project Fund, Ordinance 2217-2007 iilcreased estimated revenue and appropriaYions by $I 15,140 in Uie c~p3ta1 project fund for in-ltind services. Oar auditors do not aga~ee with fl7e characterizcttion of ~vages and equipment used on 2'l~e project as `in kind' setvic~s revenue. Sn the wages were char~ed to the projeet instead of to the General Fund and the equipment utilized was charged to the project as if it were rented fi~om an outside company. Tl~e Gener~l rund re,porCed revenue from fhe capital pi°aject fund in RY 2007, The result is chat the PY 2007 Geueral Fund f'und balance increased 1'rom what was expected by the vnount of $19,204 >3 for wages charged to Yhe }~r~ojact and by $17,700 lor equipmeizt reriCal revenue from the ca~ital project fund. This Cotals $36,909.~3 and is cunently in the fund balance of the General Fund. Since the ca~ital project fund used cash in this ainouiu bui did not receive cash to caver the expenditures, it is short of cash at the end of the projact. The appropriate plaee to ~et C'us cas7~ is tI~e General Func~ since it bcnefited from Ylze `in-kind' transactions in PY 2007. After this ordinance talces ePPect, the fund balauce of ilie Gen~ral Puiid will b~ Che saave as it would Izave baen if these `in-1<ind' transactions 17ad a~ot taken place last year. Tl7e City does ilot eypicall~~ charge grant fimded prajects in this manner; huwever, fliis pro_ject used suUstantially more General Fund s~rviees chan is typical and cha~~ging these s~rvices to the project more accur~tely captures the firll cost of th~ l~roject. The final cost for the praject was $688,31 b.35 includina $10,465.11 Fees (7.5% of a portioa of ehe grant} paid to the State of Alaska far achnin~stering the federat grant of $326,548. ~ 60 Suggested by: Admuvstration CITY CbF KEI~IAT ORDLiQ~PTCE NO. 2256-200? AN ORDIArANCE OF THE COUNCPL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIOIVS BY $150,000 IN THE PUBLIC SAFETY GARAGE CAPITAL PROJECT FT3ND FOR A STATE GRANT. WHEREAS, the City of Keiiai received a grant from the State of Alaska for $150,000 to build a public safety garage; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate rhese granY funds for the purpose intended. NOW, THEREFORE, BE IT ORDAIATED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estirnated revenues and appropriations be increased as follows: Pul~lic 9afetv Garage Caprtal Project Fund Increase Estimated Revenues: State Grant $150,000 Increasa Appropriations: Construction $150,flOfl PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 172h day of October, 2Q07. PAT PORTER, MAYOR ATTEST: Caroi L. Freas, City Clerk fntroduced: October 3, 2007 Adopted: October 17, 2007 Effective: October 1'7, 200'7 Approved by Finance: i ~~~--~' (09/24/2007) hl 61 % ..~ "',~'_~'~ -. <>.-~ ~ \~ ~GtEGIJ/Of // KENk1,~U~L,,ASKA ,~V ~la~e Witti a l'qst, Gc°ty wct~i a Fr~tur°e'r 210 Fidalgo Avenue, Kenai, Aiaska 99611-7794 ~~~, ' Telephone: 907-283-7535/ FAX: 907-283-3014 ~~ ~~ 1992 ~_11~~_11 s TO: City Cauncil ~ FROM: Rick Koch DATE: September 27, 2007 SUBJECT: Qrdinance 225fi-2Q07 The purpose of t13is correspondence is to discuss the above referenced ordinailce and to recommend its approval by tl2e Council. This appropriation accepts a$ 150,006 grant from the Stafe of Alaska for die purpose of constructi~lg an enelosed, heated gaaaga at ~Itie Ci2y's Public 5afety Butlding. The garage would ba located in tlie same area presentIy servina as a carport on the southwest portion. oFthe building. The coiistruction of an enclosed, lieated garage wili eliminate the »eed for police department vehicles to remain outsidc, idling during periods of cold weather. Wc ue presei~tly worl:ing with a consuitaut to detennine if aasy additiona1 funduag may be required to complete this project. Than}c you for your attention in this n7attei. 62 Suggested by: Adxninistrafion CI7`I' ~F KENAI NO. 2257-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, AI,ASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $88$,562.42 IN THE MUNICIPAL ROADWAY PAVING CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $888,562.42 to gaee municipal roadways; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate th,ese grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estunated revenues and apprapriafions be increased as follows: Municipal Roadw•av Pavine Capital Proiect Fund Increase Estimated Revenues: State Grant $88$,562.42 Increase Appropriations; Construction ~888,562.42 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASFfA, this 17+~ day o£ October, 2007. PAT PORTER, MAYOR AT`TEST: Cazo1 L. Freas, City Clerk Introduced: Oetober 3, 2fl07 Adopted: October 17, 2007 Effective: October 17, 2007 Appraved by Finance: ~1~~---" ~og/2a/2oo~a nt 63 r '~~'l~a~e u~itl~ r~ Past Gi~ wit~t a Futcs~°e'~ 7~~ R,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~~ai ,,, ~_~ Telephone: 907-283-7535 / FAX: 907-283-3014 ~ ~ -'~ 1992 ~ GFlBGCCypf KENAI\.~,A/LWSKQ ~~~ ~~ • TO: City Council ~ FROM: Rick Koch QATE: September 27, 2007 SUBJECT: Ordinance 2257-2007 The p~tr~7ose of Chis correspondence is to d.iscuss the above referenced ordit~ce and to reeomniend its approval by the Council. Project TitSe: Munici~~al RQadway Pavi~g Grant Fundiug: ~ 88$,562.42 ACC:ED Graut Nwnber: 08-RR-02~ Project Description: 1. 'Upgrade of existing muilicipal u~paved roadways to asphalt sta~~dards. 2. Constnzction o£muuicipal roadways to asplialt standards 3. Construction/upgrade of water sewer utilities as related to roadway construction. 4. Construction of related iinprovements such as signage, lightii~g, landscaping, pedesn~ia~z improvemexlts, etc. Tl~is grant doas nat require a muuicipal matcls. Thank you for your attention in this matter. 64 Suggested by: Administration CITY OF KENAI NO. 225$-2007 AN ORI3SNANCE OF THE COUNCIL OF THE CITY QF KENAT, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATION5 BY $592,541.34 IN THE WILDWOOD DRIVE CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $592,541.34 to reconstruct Wildwood Drive; and, WHEREAB, it is in tha best intarest of 4he City of Kenai to appropriate these grant funds for the pnrpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE CO[TNCtL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Wildwaad Dr:v~ Canital Proiect F'und Increase Estimated Revenues: State Grartt $592,541.34 Increase Apprapriations: Construction $592,541.34 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1'7~ day of October, 2007. PAT PORTER, MAYOR ATTEST: Caso1 L. Freas, City Clerk Approved by Finance: ~r~~ '' (09J24/2007) hl Intraduced: October 3, 2007 Adopted: October 17, 2007 Effective: October 17, 2007 65 ~~Viffa~e wit6r a Past, Gi~ wit~ a Futr~~`e ~~ ° ~ r~-~,, 21d Fidaigo Avenue, Kenai, Alaska 99611-7794 ~~'a„ ~` Telephone: 907-283-7535 i FAX: 907-283-3014 t~ ~( ~ . ~,::~. 1992 tl~e tlfy a f ~ KENAi~ 5KA ~~~ ~.1~ .i . TO: City Council ~ FRQM: Rick Koch DATE: September 27, 2007 SUBJECT: Ordinance 2258-2047 The purpose of this correspo»dence is to discuss the above referenced ordinance and to recommend its approval by the CounciL Project Titie: Wildwc~od Drive Reconstruccion Grant Fu~lding: ~ 592,54i.34 ACCED Grant Number: 08-RR-026 Praj ect Description: 1. Demolition & Replacexneizt of approximately 2,SOO lineal feet of asphalt roadway, and related improvemcnts such as, lighting, signage, striping, affecYed utilities, ete. 2. Reinoval of unclassified material and replacenient of classified material under roadway prism, as required. 3. Abandon approxiznately 2,500 IineaJ fcet of 10" AC sewer eolleetor 4. Constxuct approxi,mately 2,500 l,ineal feeC af 10" HDPE or DIP sewer collector; and related improvemenis such as manholes, tie-ins to existing lilt sYations, improvements to exisfi~g 1ift SYation, fitture stnb-outs, ete. This gs~ant does not raquire a rnunicipal n~atch. Thanlc you for your attention in this matter. 66 Suggested by: Administratian CI1`Y dF KENE-I ORDINANCE NO. 225<3-200T AN ORI7INANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA IIVCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,150, i39.22 IN THE IvIARATHON DRIVE CAPITAL PROJECT FUND FOR A STATE GRANT. WE-IEREAB, the City of Kenai received a grant from the State af A7aska for $1,150,139.22 to reaIign and reconstrucY Marathon Drive; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TFiE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as fallows: Marathon Drive Capital Proiect_ Fund Inerease Estimated Revenues: State Grant $1,150,139.22 Increase Appropriations: Construction $1,150,139.22 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this I7t~ day of October, 2007. PAT PORTER, MAYOR ATTEST: Carol L, FYeas, City Clerk Introduced: October 3, 2009 Adaptea; October 17, 2047 ~~ ~ Effective: October 17, 2047 Approved by Finance: (09/24/2007) hi ~ 67 ~ "l/ilf~9e wit~i a Past, Gi~ wit~t a Fc~~r~re" ~~ ~ ; ~~y ~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~,~„ Telephone: 907-283-7535 / FAX: 907-283-3014 f~~~(~ ~ -~= t992 ~,, t~e ~t~ o f KENRI,~~ttLASKIi ~~~~~~ • FO: City Council ~~~~. FROM: Rick Koch DATE: September 27, 2007 SUBJECT: Ordinance 2259-2007 T11e purpose of this correspondence is to discuss the above referenced ordinance and to recommend its approva] l~y the CounciL Project Title: Maratlian Drive Realignment and Construction CrrantF`undiu~: $ I,7SO,P39.22 ACCED Crrant Number: 08-RR-025 Project Description; 1. Construction of new connecting roadway from Ivfarathon Road to P.irport Way, including lighting, signage, sh•iping, l~idscaping, pedestrian improvez7aents, a£fected utilities, etc. 2. lipgrade of approximateiy 2,000 lineal feet of Marathon Road from improved a~ravel standard to asphalt stai2daxd, and related improvemeizts. 3. Re-construetion of approximately 1,6001ineal faet of Willow Stceet to include cons#ruction to an asphalt sta~idard, and related improvements. 4. Extensian of water and sewer utilities on Marathon RoacL This ~raa~t doas not require a municipai matell. T11ank you for your attention in this matter. Suggested by: Planning & Zoning CI'fY OF KE2dAI ORDIIVPdNCE IdO. 2260-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.20.030 BY BETTER DESCRIBING ANL} DEFINING WHAT CONSTITUTES PROHISITED STORAGE OF "JUNK," "GARBAGE" AND "LI'i"i`ER" UNDER THE CITY CODE. WHEREAS, KMC 12.2d.030{a) currently prohibits the keeping of various kinds of debris and junk on property within the City of Kenai; and, WHEREAS, the City Code does not provide a precise definition of what consututes "garbage, "junk" or "litter"; and, WHEREAS, better defmilions and descriptions of ~arohibited activity are neefled m KMC 12.20.030; and, WHEREAS, it is in the best interest of Lhe City of Kenai to atnend KMC 12.30.03d. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 12.20.030 is amended as folloa~s: 12.20.tS30 Debris and junk proliibited, (aj [NO OWNER, LESSEE, AGENT, TENANT, OR OCCUPANT SHALL ALLOW OR PERMIT ANY DEBRIS, JUNK, OR INDISCRIMINATE STORAGE OF MACHINERY, EQUIPMENT PARTS, LUMBEI~, OTHER MATERIAL, OR ANY ACCUR2ULATION OF GARBAGE, MANURE, OFFALS, RUBBISH, STAGNANT WATER, OR ANY FILTHY LIQUID QR STJBSTANCE, OR ANYTHIIVG THAT :S OR MAY BECOME PUTRID OR OFFENSIVE TO $E OR REMAIN UPON HIS YARD, LOT, pR PREMTSES, OR UPON ANY YAR17, LOT, OR PREMISES OWNED OR COATTROLLED BY HIM.] The owner and the occupant of an~~ private propertv in the city shall at all times maintain the premises free from si2nificant accumulations of iunk, ~arba~e or litter that a reasonable person would find offensive. This section shall nnt nrohibit the stora~Te of runk ar litter in authorized urivate receptacles for coliecTion. A si~nificant accumulation of iunk or litter on any„private propartv in the citv contrarv to this section is deemed to be a public nuisance. (h) No owner, Iessee, agent tenant or occupant shall allow or permit slash to be or remain upon any 1ot: li for longer than one hundred twenty (S20) days within the RU, RS1, RS2, TSH, CC or CG zones; or 2) for longer than one hundred twenty (120) days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. 69 Ordinance No. 2260-2007 Page 2 of 2 jc~ Nothine in this chapter shall be construed ta Iirnit the lawful ~eration of a iunkvard or stora~e vard. This section does not amend, alter or modifY the nrovisions of KMC 12.25 tabandoned vehicles). ll As used in this chapter the follourin~ words are defined in this section: "Garba~e" means all putrescible wastes. excent sewa~e and bodv waste, includine food wastes resultin~ from the handlin~ preparation, coakin~, or consumntion of food or the cans. containers wrapt~ers. ar other tan~ible items wasted or used alon2 with such materials." "Junk" means anv worn-out wrecked scrataped, vartiallv or fullv dismantled or discarded tanezble material combination of materials or items that cannot without further alteration and reconditionine be used for their ari~inat purposes including but not limited to appliances, buildine material chemicals equipment furniture, machinerv, metal, r~¢~ rubber paper used tires plastics and wood Stacked firewood or buildine materials stored for future use shall not constitixte "iunk." "Litter" means all improperlv discazded waste material, including but not lirnited to convenience tood beveraee and ather product packaees or containers constructed af steel alumu~um eIass, paper, plastic and other natural and svnthetic material throum or denosited on the lands and waters within the boundaries of the citv. "Occupant" means the person in possession of the real propertv on which the iunk or litter is located "4ccuAant" includes tenant and lessee. "Ocvner" means the owner of the real propertv on which the iunk or litter is located. or the aeent of the oumer. j(C))"Slash" is defined as: branches and other residue left after the [CUT'I'ING] felline of timber. Tree trunks trunmed free of roots and branehes or cut firewaod stacked anfl separated from branches and ather residue of tree cutting shall not consfitute "slash." PASSED BY THE COUNCIL OF THE CITY OF KENA?, ALASICA, this 17th daq of October, 2007. AT'I`EST: Caro1 L. Freas, City C1erk PAT PORTER, MAYOR Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: November 17, 2007 7~ Suggested by: Administraf'son CTTY OF KENAT PLAI~TNNG AND ZONING COMMISSION RESOLUTTON NO. PZQ7-28 A RESOLUTION OP THE ]?LANNiNG AND ZONING COMMISSION OP TH~ CITY OF KENAI, ALASKA, R~COMARENDING TO TI-IE COUNCIL THAT KMC 12.20.030 BE AMENPED BY 13ETTER DESCRIBING AND DEFINIlVG WHAT COI~TSTTTUTES PROHIBITED STORAGE OF "JiJNK," "GARBAG~" AND "LITTER" UNDER THE CITY CODE. WHEREAS, KMC 12.20.030{a) currently prohibits tlle keeping of various kinds of debris and junk on property within the City of Kenai; and WHER.EAS, the City Code does not provide a precise definition of what constitutes "garbage, "junk" or "1'rtter"; and WH~REAS, better definitions and descriptions of prohibited activity are needed in KMC 12.20.030; a~id ~~HEREAS, it is in the best interest of ihe Cit}~ of Kenai to amend KMC 1230.030. NUW, THEREFORE, THE PLANNING AND ZONING COTvIMISSTON OF THE CITX OF K~NAI RECOMMENDS TH~ COiJ:~ICIL OF THE CITY O~ KENAi, ALASKA, AMEND KMC I2:>0.030 as foilows: 12.20.630 Dehras and junk prohibited. (a) [NO OWNER, LESSEE, AQENT; TENANT, OR OCCUPANT SHALL ALLOW OR PERMIT A?`TY DEBRIS, JUNK, OR INDISCRIMINATE STORAGE OP MACHTNERY, EQUIPMENT PARTS, LUMBER, OTHER IvSATERIAL, OR AI~'Y ACCUMULATION OR GARBAGE, MANCJRE, OFFALS, RUSBISH, STAGNANT WAT~R, OR ANY FILTHY LIQLTID OR SUBSTANCE, OR ANYTHIl~?G THAT I8 OR MAY BECdML, PUTRID OR OFFENSIVE TO BE OR REMAII~T UPON HIS YARD, LOT, OR PREMIS~S, OR LTPON ANY YARD, LOE, OR PRLNfFSES OWNED OR CONTROLLED BY HIM.] The owner and the occuoani of anyprivate property in the citv shall af aIl times maintain tlie premises free from significant accumulations of iunk, ~axbaee or litter that a reasonable person w~uld find offensive This section sha11 not prohibit tha storaae of iunk or litter in auY~oxized private receotaeles for collection A si~nificant aecnmulation of iunk or I'rtter on anv nrivate oroqertv in the citv contrar}~ to this section is deemed to be a public nuisance. (b) Na ownar, lessee, agent tenant ar occupant shail ailow or permit slash to be or xemain upon any lot: 1} far longer than one hundred twenty (120) da}~s withi~ the RU, RSl, RS2, TSH, CC or CG zones; or 2) for longer than one hundred twenty (120} days on lots smailer than forty thousand (40,006} square - feet within the C, RF2, RS, IL, IH, R or F,D zones. 71 PZ07-28 Resolution Page 2 ~c,~ Nothing in this chapCer shall be construed t~ limit the lawfnl oper¢tion of a juni<vazd or storage vazd T1us sec#ion does not amend alter or modifi~ the provisions of KMC 12.25 (abandaned vehicles). ~ As used in this chapter. the followin~ words are defix~ed ii1 this section: "Garba~e" xneans all puvescible wastes except sewaoe and bodv waste includine food wastes resultinQ from the handling_preparation, cookin~, or consumption of food or the cans containers. wrappers, or other Yaneible items wasted or v.sed along with such materials." "3unk" meazis any ~t~orn-out wrecked. scrapped, partiallv ar f"ullv disinantled or firewood or building materials stored for future use she11 not constitute "iunk." "Litter" means a11 im~roperlv ~scarded waste material. includina btirt not Iisnited to convenience food. beveraQe and other product ~ackaees or cantainers constrncted of stael, aluminum,glass, paper. plasiic and other natural and svnthetic rnateriai t~'-,rcwn or depo5ited cn the iands and waters w"sihin th~ bonndaxies af the citv. "OccupanP' maans the person sn ~ossession of the real nropertv on which the iunk or litter is Iocated "Occupant" includes tenant and lessee. "Owner" means the owner of the real propertv on which the iunk oi litter is located, or the aeent of the owner. ~(C)]"`Slash" 'ss defined as: branches and other residue lefi afier the [CUTTING] feilixi of ti~nber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shali not coiistitute "slash." PASSED BY THE PLANi~7I?~G AND ZONP_VG COMMISSION OP THE CTTY OF KEN?.I, fLLASKA, this 12th day of Sentembex 2007. 6 : ` ~~~ ~HA~RP ~ S 4 L < ATT~~T: ~ ,?`~ ,.'r , /, , t^~~.,~,.~~.G:~„R,,~i.1 Public Hearing: July 11, 2007 Reconsidered: July 25,2007 Postponed to: tio time certain Work Session: August 8, 2007 Work Session: August 22, 2007 PubIic Hearing: September I2, 2007 72 Suggested by: Administration CITY OF KEPIAI t7RDYNANCE NO. 2261-2007 AN ORDTNANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRTATSONS BY $12,655 IN THE GENERAL FUND TO PAY FOR TRAINING AMMUNITION, SMALL TOOLS, AND IMPROVEMENTS TO POLICE DEPARTMENT REPORT WRITING STATIONS. WHERERS, the Kenai Pofice Department works cooperativety with the Alaska Bureau of Alcohol and Drug Enforcement (ABADEj in Kenai Peninsuta drug enforcement investigations that directly impact the City of Kenai; and, WHEREAS, the Kenai Police Department has received $12,658 from the State of Alaska as equitable sharzng of a forfeiture of personal property and cash from a Kenai area drug dealer; and, WHEREAS, due to significan.nt ine:eases ir. amsnunitian costs beyond FY08 budgeted amounts, the Kenai Poflce Department is in need of training ammnnition for rifle, shotgun anfl handgun pract'tcal exercises; and, WHEREAS, the Kenai Police Department is in need of upgrades.to offcer repart writing stafions in the Investigations Unit; and, WHEREAS, the Kenai Police Bepartment needs to purchase other small toois and operauonal equipment Lhat witl improve the safety of officers in their daily work; and, WHEREAS, the transfer of these funds to the Police Small Taols and Operating Supplies accounts will assist the departrnent with its firearms training, report writing responsibilities anfl operafional needs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that esTZmated revenues and appropriations be increased as fallows: General Fund Increase Estimated Revenues: Forfeitures ~12 658 Increase Appropriations: Police - Small Tools $6,Sd0 - dperating Supplies 6,158 ~ l2 658 73 Ordinance No. 2161-2007 Page ~,vo PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17~ day of October, 2007. PAT PORTER, MAYOR AfiTEST; Carol L. Freas, Citq C1erk Approaed by Finance: '~ Y`"~ (09/2b/2007) hl Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: October 17, 2007 74 Suggested by: Planning & Zoning CITY OF I{ET~TAI ORDINANGE NO. 2262-20(37 AN ORDINANCE OF THE CQUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.25.060(b) TO CHANGE THE HEIGHT OF HOUSE NUMBERS FROM THREE INCHES (3"j IN HEIGHT TQ FOUR INCHES (4"} TO PROVIDE CONSISTENCl' WITH THE INTERNATIOI~TAL FIRE CODE. WHEREAS, KMC 14. 15.Ob0(b) requires house nnrnbers be no less than three inches (3") in height; and, WHEREAB, the under ICMC 8.05.010 (1) the City of Kenai adopted The Internafional Fire Code, 2003 Edition, First Printing; and WHEREAS, The Inteinational Fire Code, 2003 Edition, First Printing in Section 505.1 requires house numbers be no less than four inches (4°j; and, WHEREAS, it is in the best interest af the City of Kenai to amend KMC 14.15.060(b) to be consistent with The International Fire Cade, 2003 Edition, Firse Printing by phasing in a reqixirement far four inch (4"} numbers. NOW, THEREFORE, BE TT ORDAINED BY THE COUNCiL OF THE CITY OF KENAI, AL9SKA, that KMG 14.15.060(b) is amended as follows: (b) 5uch number or numbers shall be placed on exisfing buildings on or before the effactive date of this chapter and within twenty (20) days after the assigning of the proper number in the case of numbers assigned after the effective date of this chapter. The cost of the nurnbers shall be procured and paid for by the property oumer. The numbers used shall be not less than three inches (3") in height and shall be made of a durable and clearly visible material. Beginning on Januarv 1, 2008, new buildines or existin~ burldines assi~ned new numbers or repIacine existintr three-inch (3"1 numbers must use numbers not less than £our- inch (4"1 in hei~ht. PASSED BY THE COUNCIL OF THE CITY dF KENAI, ALASKA, this 17th day af October, 2067. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: November 17, 2007 75 crT~ or ~Na1 PLANNING AND ZONING COMMISSION RE50LUTIOI~ NO. PZ07-49 A RESOLUTION OF THE PLANNING AND ZONih1G COMMISSION OF THE CITY Or KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.15.060(b) BE AMENDED TO CIIANGE THE HEIGHT OF HOUS~ NUIvIBERS FROM THREE INCHES {3") I?~ HrIGI-IT Td PdUR I?~1CHES (4") Td PROVII3E CONSIST~NCY WITH THE INTERNATIONAL I'IR~ CODfi. WHEREAS, KMC I4.15.060(b) requires house nusnbers be no less than tluee inches (3") in hsight; and, WHEP.EAS, tke under KMC 8,OS.OlO (1) the City af Kenai adapted The Interrzational Fire Code, ZOD3 Edition, First Printiug; and WHEREAS, The Internatioual Fire Cade, 2~Q3 Edition, Fixst Prurting in Section 505.1 requires house numbers be no less than four inches (4"}; and, WHEREAS, it is in fhe best interest of the City of Kenai to amend ICMC 14.15.060(b} to be cansistent with The International Fire Code, 2003 ~dition, First Printing by phasing in a reqairement for four inch (4") numbars. NdW, THEREFORE, TFiE PLAl`fNING A.~tiD ZONING COMMISSION OF TT-IE CITY OF KENAI RECOMMENDS TI-IE COUNCIL OP THE CITY OF KfillTAZ; ALASKA, AMI~ND K~C 14.15.060(b} as follaws: (b) Such number or nuxnbers shall be piaced on existing buildings on or beYore the ePfective date of this chapter and within twenty (20) days after the assigning of the proper number in the case of numbers assigned after the eFfective date of this chapter. The cost of the numbers shall be procured and paid £or by the property owner. The numbers used sha1F be not less than three inches (3"j in height and shall be made of a durable anfl clearly aisible material. Be~innine on Jarzuarv l, 2008 new PASSBD BY THE PLANNING AND ZONING COMMISSION F TfI~ CITY OF KPNAI, ALASKA, this 26TH day of SEPTEMBER 2607. ~~ CH IRP,. ':~,~'" ~ ` ' ~ ;~ , 'T'TEST: 76 Suggested by: Adsninistration ca~r o~ ~€~xr.~ o12DINANCE No. 2263-200? AN ORDINANCE ~F THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE AIRPORT FUND FOR DEFERRED MAINTENANCE ITEMS AT THE PRISM FACILITY. WHEREAS, funds are needed for deferred maintenance items at the PRISM Facility; and, WHEREAS, funds are available in fund balance. NOW, THEREFPRE, BE IT ORI}AINED BX THE COUNCIL OF THE CITY OF KENAl, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Sncreasa Estimated Revenues: Appropriation of Fund Balance $20,000 Tncrease Appropriations: Trainzng Facility - Rapair and Maintenance $20,000 PASSED BY THE COLSNCIL OF THE CITY OF KENAI, ALASKA, this 1'7th day of October, 2007. PAT PORTER, MAYOR A1`TEST: Carol L. Freas, City Clerk Approved by Finance: ~~~~--~' (09/27J2007) hl Introduced: October 3, 2007 Adopted: October 17~ 2007 Effective: October 17, 2007 77 ~~~ ~~_ ~~ _. .~ theaity~'~ „~'i~l~~e t~ri~~t ~ ~a~t ~~~ r,~it~ a ~r~t~r°e P< 21Q Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (967) 283-3014 www.ci.kenai.ak.us MEIi~LORE1.i~13UM TO: Mayor and Gouncil Members ,~~, FRO~~1'' `~',, Carol L. Freas, City C1 , ~fi• ~~~ i DATE: September 21, 2007 RE: KENAI ~ITY COUNCIL PpLZCY FOR COMMISSION, COMMITTEE, &T€3AR73.e4Rtd3 CLeU1YC'$L f3IYAGdRt^v Ii~.ETINGS AI~ WGIZSf ~sE3SFOk~Ta" •• UPDAT`E Attached is a copy of the Kenai City Council Palicy for Commzssion, Committee, Board and Council on Aging Meetings and Work Sessions with suggested amendments. Those amendments are as follaws: • Farmation of Subcommittees of Comrnissions Committees or Boards -- second paragraph. Reference to recording of ineetings has been changed to reflect use of new recording equipment. • Meefing Schedules -- Tnclusion of Harbor Commission in the schedule. In May, when the Pollcy was last updated, it was unknown if the Harbor Commission would continue or not. Since then, the Commission has been revitalized and meeting information should be reincorporated into the meetnzg schedule. Does CaunezZ aepprove ~he asnendments to tFxe PoTioy for Commdssion, Coraamittee Soard and Cauncil ratz Aging Meetings artd Work ,Sesssons? 78 x~xAt czr~ eatrNCA, poLicY ~axt CONiMISSION, COMMiTTEE, BOARD CsND COUNCIL ON ACxING MEETINCvS EiLVD QUdRK SESSION9 Commis~ioa {:ommittee Soard Reawpointment: If, after a term (or consecutive termj of appointment has been completed, a commission, committee or 6oard member would like to be reappointed for an additional term, an applicaYion must be submitted to council ior consideration and approval. Formatioa of Subcommittees of Commissions Committees or Boards: A subcommittse of a commission, committee or board may be formed for a specific funcrion if upon review by administration, it is indicated the sixbcoinmittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Council. If a subcammittee is approved by Council, the meetings of the subcommittee must be open to the public, meeting notices shali be posted on the Official City Bulletin Board in Kenai City Hall and on the city websiYe at least five (5) days prior to the meeting; an@ the meetings may be electronicallv recorded [W?TH A PORTABLE TAPE RECQRLtEt?j and the ,TAPES] record+_n2s (the official rewrd) stored in the City Clerk's Office. Meetine Schedules: Until further notice, the commission/committee meeling schedule is as follo~~s: Commissioxi(Committee/Bo ard Meating ScheduFe Scheduled ~ieetin Days Planning & Zoning Commission Twice monthly ~ ' January through December, Second &, Fourth Wednesflays Libra ~ Cammission Monthly First Tuesda i Council on A'r. ~ Monthly Second Thursday ; Baautification Committee Meetings held March, Ma , Jul &, Se tember Second Tuesday Parks & Recreation Commission Meetings held Janixary, A ril, July 8v October Fzrst Thursday ! Air orf Commission i Monthl ~ Second Thursda Harbor Commission Monthlv First Mondav afier first council meetin of the month. 1. Commissioxi, committees and boards, including Library, Parks & Recreatian and Airport Commissions and Beauti#icatian Committee, sha11 meet as listed abnve. 2. Council on Aging shall meet monthly at the Kenai Senior Center, 3. Planning & Zoning Comrnission and the Personnel Arbitration Board is exempted from this meeting directive. 4. Commissions, committees, baards and the Council on Aging may, with fhe City Clerk's approval and notification of Council and City Manager, hold special meatings (for a specific puzpose) on an as-needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of quorum, etc. 6. All commission, commitCee and board meetings (except Council on Aging) wi11 be held at Kenai City Hai1 and begin at 7:00 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boards formed will be set and incorporated into the foIIawing meeting schedule 6y the City Councii. 79 KENAt CITY CdUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 2 MiauteslMeetiag Record'ang_ &. Excepting the Planning & Zoning Commission and Personnel Arbitration Board, responsibility of taking notes and electronicall}~ racording the commission, committee, baard meetings, falls to the department liaison (staff inember) to the specific meeting group. 9. Surnmary minutes wi11 be produced by the City Cierk from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Plann'rng 8a Zoning Commission, shall be kept for two years. 1 l. Planning & Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessioas: 12. Commission, committees and boards shal: receive the City Clerk's approval to hold work aessions to be heid on a flate other Yhan Ehat of a regularly scheduled meeting or at a iime immediately prior io a reguIarly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be held without the approc~al of the City Clerk unless tha~~ occur on the night of and at the time of a regularly-schedu,ed advertised meeTing. 14. During work sessions, onlq items on the wark session agenda may be discussed and no fonnai acfions may be taken. 15. AA commission, committee and boazd meetings must be givan appropriate public notice. EFFECTNE: This directrve shall take effect on Octaber 4, 2007 and remain in effect until modified by the Kenai City Council. Approved by the Kenai City Council on the third day of October, 2007. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk c3£ Revised 10/3{07 g~ ~y EIzE L[Cy 0 f KENAV SKR ~._ -j Nn,.' ~, ~_~1~~~ • TQ: City Cauncil ~ FROM: Rick Koch DATE: September 27, 2007 SUBJECT: Dedicafion of Ufility Easement-Lot 1, Spur Subdivision No. 1 The pcirpose of this correspondence is to request approval from the Council to dedicate a 20' utility easement along the west property bc~undary of tLie above referenced. subdivision. The purpose of this utiIity easeme.nt will be to serve the site o£the new Aspen Hatal and potential future development to the west af the proposed easement. Several weeks ago I was astced by HEA to consider a uew easetnent running east-west across the City s piroperty to serve the Aspen Hotel. I told F3FA flze C.Sty would prefar fo not have the property encumbered by yet another easeznent, especially one that ran in aa7. east-west diree#ion and ;might providc an uninteri•upted siglif-line from Walker Lane to YI~e baek oFfhe Aspon Hotel. Admivistratian sugg~sted an easemenY that paralloled the access road running th.rough the City's pro~aerfy and then along the west property boundary to the Aspen Hotel. For technicaY reasons this was deemed noc feasible. HEA suggested a ZO' utility easement along the entire wesi boundary of the City's property that conld also acconlmodafe other utilities. fii response, Administration said we would consider tUat option i€HBA would vacate the existing fi0' wide easoment along Yhe east property boundary. I have attached sketches showiilg boYh the exisfing 60' r~~ide HEA utiliYy easement and the proposed 20' wide utility easerneni. HEA said it might' be possi,bls as it was their intenti to retire t'he existing overhead 33,000 volt transinission inain. After rauch disevssion tlle following has been tentaticely agreed to: "{/il~a~e witl~ a Past, Git~r wit~ a FutuYe" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 v~~~„ Telephone: 907-283-7535 / FAX: 907-283-3014 ~~~ ~~ 7992 81 1. HEA agrees to retire the existing 33,000 volt overhead transsnission main and vacate the 60' easement along 117e east boundary of Lot 1, Spur Subdiviszon No. 1 wichin five years at no cost to the City. 2. Aspen Hotel agrees fo compcnsate ACS to move their underground communication cable froiv tlze existnlg 66" utility easement to the proposed 20' urility easement. 3. City of Kenai agrees to clear and orub the proposed 20' utiliYy easement. Eslirnated cost $ 10,000. By d~ed~acatiug tl,ie proposed 20' utility eascmenl, the Cify provides a uttility easement comprised of 26,747 sq. ft., in which alectrical service and other utilities will be located, all underground, The vacation of the exisfing 60' utility easement ~n~ill unencu~nber 95,431 sq. ft. from a utzliCy easenzenC, remove tha overhead power transmission main, and eliminate the periodie clearing of fhe easen~e~xt by FIEA and others Co maintain a4ilities. Adininisn•ation believes trading a?0' easement for the 60' easement on this property to be in the besf rnterest of the City regardless of ~resenC or fuYure land use, aizd recomn2ends Cauncil approve dedication of the proposed utility easenlent. Informational Attachments i. Sketch, Existing 60' H~A Utili.ty Easement, 1 page 2. Sketch; Proposed 20' UtiIity Easemerit, 1 page 82 l~1C~_ t~fp ~.H_-~~--~_e=__=_~ ' " ' ~a'a..~'__'" i ..~ ~~~~ ~ PLR~ ~5« , ' - , - ;~ ~~~~,~~ ~. . . ~ , VICZNITY MAP SGALE !`+~, Mlla IR ~ ~ ~ ~~ ~ LEGENO ~' i'~ . a_. ~. ._~ ~~,~~~~ ,~<u.«~,..m Qg vo,~~ o~nc.a: ~~. .~ .o~~m<~c i ,.~.a~ . ~~~wm +.,.r Ao~~ou 6BV be 1/u"x l0' • Q~ wanumf.n[ ul re~tlr4 .~oi ~a~u+e~to g Founo 4l0' nuoan a1tX P" m. mp ~ p 9vt 9/0"F IU ~eber +~en . i~+n~num ~ap 1 a S:vn: .!>' rv6a~ (` • 6vt I/2'n e eUe~ W O Faantl6"~6`wzrfi/Wmanwmnt () keewE ~in(u~mnlwrt Nfl0 89`SO Spu[er'mE Gla~ 9u~~'r~~en, RPO t8'~06 8~r Su~iri~~~ Na. ~ iJbTES n , ~aow . ..ax ~uoo:,~ .r.u.. . .n a~~i~e.a o ro0u5n~menl+ % ~B ~~4 'lO~IB~~A4 ]s, enao{eaY.L 80 21 'M1t feelien Iine e nl W~it~ ~e1~te0 o ut P e~ O~at NRO Ba.W xe~ Oern ~awHa ny O~a~ NflC 8<-200 1) No tliryp a~e ~o ~Ia1e maiXlaln~a R.O~W. [ qrmitl~a unlev OpINOVeO 4y IM 91o1e olAlo~ka p0o~fm~n1 N. Tr9na0o~iulix. mmrlR P YMnvl.l ci ~ 0011119Nf O! fl1VWW.~R:'.+.t tGi.:ev:'.~, M rMIYn Au Ym nm~~4 ~.i ure4ra e: .IYf>f.IXd W 6 WT~~u4{an u~nl uu ... ~~ P.E /tlr.av.. ~nn.rua. ,m~ o:n 2 - 05 ~ ~ I :``-~oa >on~on Enai e r .., r. •V aP •~' ~ '`n 4~~..,,'~` ... tfjy'I..~oE~_ ~s ,~ ..•~ ~". 9:Sa 0 ~ ~ ( u~ ~.i~w "»~~--i-,j . , PIN+~1.sLS+i u. am «a.. ~f ~~~~sa'~I'J ~,.."'_ .~.._.~ um PLAT APPFOVAL Dl~t v apP~oveC C /.ErY1 FH~NSlM10. tlOPOU'WI P~Yw~NGef.O+nI55]'ba vt ene nvetln9 a ~ae< xewi vFxiv ~ 80~^~~ BY~~O«tc~~3 SPRUCEWODD GLEN SUBD NO 2 (A RESUBOIVISION OF TFAGfS A, B. C. F. ND LOT 6 BLK 1 SPRUCEN00O GLEN SUBO. ND LOT 1 BGX ] SPUR SUBO. NO, t/ CITY e xENAI y ~ ~e ~s~ xm.r..xaven LOCATION9e ~.i ~) I<. SIYWI~ONNMC¢IpCa~e 0~ fECiP[w 5)-Iy. 1M~Ct~ O~ rtFMU ~~.."r ~M' xFH~tYpY~INSIry./~B vn. 9wrenv pr' HC4NE <NO A3YWIATES INC. s.o~. m, ,e,. ~ , ,oa ~ `a,_,s 83 ~ / f~ ou "~ /` d j9, `~I~ ~ ~ y ~h P ~~ \ mM1 /~ / /~ p A ~In ~~ rl ~j ' Iq i w~r~ . . ~ e__.{;~rV°c::.-t~-_,. .. '. f i Rc.u ~ ~ „ ~ * ~ ~ i iii ' e. ~ ~ • n~ ~4. ~~~~/{//~~~ ^ ~/ ~~ ~ V?CSNSTY MAP j SCAI.EI"~IMII~ s 6 I LEG ND ~ /' 1 e,., e. ~.~ ,.,~m~~e ~, U.,..~,..u \ ~ @ va.mo ~~n~i.~ s„~.<v «o~~.ene I ~ b Fo~nv ~/0' r xl~~ 2" al. wp I V nenun/e`t,si b.see~^+~eo ..uraemtve'ua mun~nnnu 0 Set ~ e lOUn[ ~/1' ~eoar ~ • Bat f/~'r e90n~aLa~- 1 p PouM6'x6 e eq/Wmmumml : ~ Wcntl ~n1wm0!on NP9 04'~A 5#v"AroaE GN~. SoOtliviclen, MPD ~3-~06 50~/ SubElvi~icn Na~l NOTES 25 AL cmnean « nraovni cr i . rr~nwm a e+vwewn+::n~:o.u~;r; ~... w «+a.m. r.. m.......a .....,.ma .:. :u~s+a.asraar..w...uw r. w ...e ..«. _.. /f~~ iE /•~ zi-sY ~:owrvu .m. wn .,na .ai~i~ mv+ •:~ omi~:o.o ~ivul~eunV~ of3~-0tlu[ 10,10 nnG ]e, mE 18 ~PC b0. et rn. ..eim~ u .m .mm ..in.e m voa n ol ob! NRp B~-lO~xea P~~c mceNe Ov pb~ NRp 8~-280. 51 No Oin[~ atte~f lo atafe m irn0 fl.O.W'~ ~a approratl Gy IM SIp1e OI Ploeka Ceporlmenl aIm' ilOn~OW~otlo~. E^ 5 or "~ - ! ~m _,),, ~l~q ~«~ eno; ~~~x~ ~ b4 ~..,.. ry ~ ~ ++ . , . q:ii 0 ~ '.+.'r ~ Y.._:.. ~.. . G ~YhUWbx)~ 9 ~ff191~~ ~ , 3,u,~~s.~f9 (.n~,.. ~~ _ ~~. ~~~ ~ ~.~~~. PLA7 APPRDVA! ea ar ~ ~EV~~ Prv~xa~> eoAOU~r~s~>wi«c ro~++~aswu ~l tne mentln8 of ~ mN 2i ~ea< .e~ar n s~~ e~~r~ er ~f~•au«,.~ ~ R£SUHDIVISZON OF TRAC~S /.. @. 6 F, l0 LOT 6 8LK 1 SPRUCEMOOD GL£N SU6 l0 GOf S 8tK l SPUR SUBO. NO. t) CfIY DF K£NRI ~*r 5. w. Kenaf. P~n B96if heml~ u'9Y6~ µYpB9ullr 129 GOCATION ~.~tf IL.~1)WIEO )N ~sB NFa/9 4~ ifG~`W ~'. IR+'. SEIl~ (P `EL~lP'/ P . fNE/p~i [V" N u~ uq 1Y' ~'Ex~t xNl.uSU~~B~. 9vveYetlOr f{(CLAHE AKJ ASSULT/'/E5. INC. cuE ^, seo~. «~ ne+ ~ -~oo ea-ac 84 COUNOYL OI3 AGIIdG SEPTEMSER 23, 2007 KEI3/~I BENIOR CENTER 7:06 P.1VI. AGENDA ITEM 1: CALL TE7 ORDEd3 & 1tOLL Cl1LL ITE1Vf 2: AGENDA .F.PPROiT1iL TTEYV! 3: APPROV,P,Y. CSF MEE'I'YNG SUMMARY -- July 12, 2d07 YTENI 4: PET2SONS BCHEDLILELD TO BE HEARY3 ITEM 5: EfLI3 BUSdPTES3 aT~na 6: nsEUr sarsarrESs a. D'sscussiozx -- New Traffic Pattern b. Discixssion -- Receptionist Area c. D'sscussion -- Lunch Count YTEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM S: pTTESTFON6 & CQMMEIiiTS ITEM 9: PEI2SONS NOT 3CHEUULELI TO BE FZEARD I?'EA2 1 Q: IIVFOFrIVLRTFOA7 a. Council Action Agendas of August 15 and September 5, 2007. I'TES~ 11: 1~DJf1URNMENT 85 C~UNCIL ON AGTNG SEPfiE1ViSER 13, 2007 KEN~I SENT~R CENTER 7:00 P.M. CffTA%R RC3BERT FRFENm, PRESIriING MEETINd"$ S Y ITEM Z: CALL TO OY2DER ~ ROLL CALL Chair Friend called the rneeting to order at approximately 7:03 p.m. Roll was confirmed as follows: Members present: J. Hollier, L. Flowers, V. C3eller, B. Osborn, R. Friend, H. Bronner Members absent: E. Jones, R. Jurgensen, F. Wilson Others present: Senior Center Director R. Craig A quorum was present. I'TEM 2: AGENI)A APP1tC3VE47. MOTION: Member Osborn MOVED to approve the agenda and Member Bronner 9ECONDEI3 the motion. There were no objections. SO ORDERED. i~.'EM 3: AP'PROVAL OF MEETINCr SUMMARY -- July 12, 2007 Mo~rao~r: Mamber Flawers MOVEII to approve the meeting sum.mary of July 12, 2t107 and Member HolIier SEC01~3DED the motion. There were no objections. SCl ORDERED. ITEM 4: PERSONS BCHEDtILED TO SE I3EARD -- None ITEM 5» OLD BUSIi~TES3 -- None YTEl~ Cs: NEW BUSINES6 6-a. }3'sscussion -- New'i`raffic Pattern Member comments included: . Like the new design but new people do not l:now where the new recepfion area is. • Bo not need two reception azeas. • Consider a greeter, but volunteers are hard to find. • Suggested a colorFul sign in the entryway. Chair Friend stated he would make a sign, and if it is successful, the members could consider a permanent sign. 6-b. Diseussion -- Receptionist Area -- None. 6-c. ISiscussion -- Lunch Count 86 Craig noted concerns related to the Kenaitze Senior Meal Program; i.e., a ckarge of $2.00 per meat and whether their program is a duplication of services. Craig noted she would contact the State Nutrition Transportafion Outr-each Services (NTS) coordinator and discuss the concerns and report back. E7'L~'M 7: REPORTS 7-a. Council on A,ging Chair -- Friend submitted his letter of resignatian, noting he would be out of work at the end of September. 7-b. Direetor -- Craig noted weight resistant training would start in October and she has been meeting with J. Johnson to partner a wellness program. 7-c. ITEM 8: %TE19~ii 4: ITEM 20: 1o-a. ITEM 11: ~~'3TIQId: Council L'saisoa -- Boqle thanked Friend for his time as chair. OUESTIORS ~ COMMENTS PERSONS 1tiOT SCHEDULED 20 BE HEARD Council Action Agendas of August 15 and September 5, 2007. There being no further business before the membership, the meeting adjourned at approximately 8:00 p.m, Meeting snmmary prepared and submitted by: Corene Ha11, Deputy City Clerk COUNCIL ON AGING MEETING SEPTEMBER 13, 2Q07 PAGE 2 87 September 13, 20Q7 Kenai Gouncil an Aging, As f discussed at the July meeting, my employment grant funding ends this month. have not been able tn transfer within the state system and remain in the Kenai area. must therefore resign my seat on the councii. l# has been a pleasure and an honar. Sincerely, ~~~~ r.^-'~-~='" Robert Friend 88 E{ENAI AIRPORT COPJlMISSION $EPTENl$ER 13, 20d7 KEPT~I CI1"Y COUNCEL CHliNtBE12S 7:00 P.M. AGENDA I'CERfi 1: CALL TO dRFBER A1VI7 ROLL CALL ITEM 2: ACaEND?s AFP120VAL ITEM 3: APPRO~AL C1F MEETING $i7MN1A.RY a. July 12, 2007 b. August 9, 2007 ITEM 4: PEf2SON5 SCFIEI)LTLED TO BE HEARd7 ITEM 5: OLD BLTSINESS a. Discussion -- Update on Runway Sat'ery Improvement Project b, biscussion - Ta~ciwaq Designations c. L7iscussioa/Recammendation -- Ordinance No. 2230-2007 TTEM 6: NEW BIISINE3S a. Discusssoa/Recomrneadatian - Composition of Airport Commission ITEM 7: REPOR'f a. Commission Chair b. Airport Manager a City Council Liaison TTEM $: COMMISSICDNER COM14IE1VTS ASID OUEBTI~NS ITERq 9: PERSUNS 1VCeT SCFIET3ULET3 Td SE HEARD YfiEM 10: IYdF`C/RIVLATIQN ITEMS a. Kenai Ciky Council Meeting Action Agendas far August 15 and September 5, 2007. ITEi&T 11: ADJOURNMENT 89 KEPIAT AfRPORT COM1dLISSICEN SEPTEMSET2 13, 200? KENAI CITY COUNOIL ~f€AMBEi23 7:U0 P.M. CHATR IiENItY KNACi{S1°EDT, PRESIDING MEETTNG SUMMARY YTEM 1: CALL TO ORDER APYD RC1LL CALL Chair Knackstedt calied confirmed as follows: Commissioners present Comrnissioners absent: Others present: the meeting to order at appraximately 7:00 p.m. Roll was R. Bielefeld, H, Knackstedt, E. Mayer, L. Porter, J. Zirul (arrived at 7:25 p.m.) C. Versaw, D. Haratson Council Member B. Eldridge, Airport Manager M. Bondurant ITEft3 2: FbGEPSE)ts APPROVI~,L MpfiEOPI: Commissioner Bielefeld NiOVEII to approve the agenda as presented and Commissioner Mayer SEC~NDED the motion. There were no objections. SO ORBERED. ITEM 3: APPROVAL OF MEETING SUNIMARX 3-a. July 12, 2007 3-b. August 9, 20D7 Nt4DTION: Commissioner Bielefeld MOVED to apprave the meeting summaries of July 12 and August 9, 2007. Cornmissioner Porter SEC0I~TDEP3 the motion. There were no objections. S~ OfiDERED. FTEM 4: PERSONS SCHEDIILED TO BE HEARD -- None ITEM 5: OLD SUSINESS 5-a. E3iscuss'son -- Update on Runway Safety Improvement Project Caseg Maflden, Wiace-Carthell-Brysoa --Madden spoke to the 95% completion status of the runway safety project, noting some minor work was still needed, including the MALSR system, the ARFF road to the floatplane hasin, and the remain'sng earih removal at the hasin. Commissioner comments included: 90 • There was never any inconvenience to the staff during the work. • The job iooks very professional. • Wanted reassurance the berms would be removed, and Madden statad the berm would be lowered to meet the Corps of Engineers' standard. r Would the centerline from Taxiway A to L be painted? (Madden stated it wauld be painted.) 5-b. Discussion -- T~iway Designations Casey Madden, Ot'ssxce-Corthell-Bryson -- Madden spoke to the new taxiway designation plan, noting the plan had been approved by the Commission last spring and the parallel taxiway designation would be A. Commission comments included: • Concem there wouid be a safety issue, with two tar,iways having the same designation. • Could the Airport Manager contact the FAA with their cancerns and report back? hQOTIdT2!*: Cammissioner Zirui Md}VED to have the Airport Manager pursue the safety issue with the FAA. Commissioner Bielefeld SECONDED the motion. There were no objections. SCS ORDERED. 5-c. Discussioa/Recommer~alatioa -- Ordinance No. 2230-2007 Commissioner comments included: • All agreed with the 55 year lease for aviation related businesses. + They would like to see special use permits for non-aviation use of airport reserve lands. • Want to keep both investment matrixes in the ordinance which woulfl recognize unpro~~ements to city iand would be only part of Lhe pian. MOTTON: Commissioner Bielefeld NdOVED to keep the investment matrixes, agree to delete draft KMC 21.10.020(dj(2j clause and delete draft KMC 21.10,p9Q (d)(3) clause. Commissioner Zirul SEGONI3ED the motion. There were no objections. SO QRDERED. ITEM 6: PPEW BUSYNESS 6-a. Dascussion JRecommendatiaa -- Composition of Airport Commission. Bondurant provided information from the consultants in the Supplemental Planning Assessment on the issue. Commission felt only ane of the four commissioners in AIRPORT COMMISSION MEETING SEPTEMSER 13, 2007 PAGE2 91 atTendance conld remain on the cammission under the new plan. MOTIfON: Commissioner Zirul MOVED to keep the composition of the commission as is with the three at-large members be from the fina~zcial, business, or professional community if possible. Commissioner Porter SECONI3ED the mation. There were no oUjections. SO ORDEREID. az~M ~: REPOtz~r 7-a. Commission Chair -- Knackstedt asked if the airmark would be repainted. ry-h. Airgsozt Ma~ager -- Bondurant noted an exceptional combined effort £rom all contractors and agencies allowed £or a safe project with no reportable deviations or incursians, the airmark will be painted on September 22; and, the possible landing of a C17 nn September 21at. 7-c. ~ity Couaci9 Liaison -- Eldridge reported on actions taken during the last City Council meeting. ITEM B: CCJMMISSIC}NER COMMENTS AYdY3 QUE6TIOPIB All rnembers congratulated the airport manager on her new position. Paster asked if some kind of bumper pad could be instalied around the light poles in the short-term parking lot and Bondurant statefl she would look into the idea. ITEM 9: PERSONS NOT SCHEDULED TO SE HEARD -- None ITEM IO: IPtFORMATION ITEMS 10-a. Kenai Ciry Council Meeting Action Agendas for August 15 and September 5, 2047. TTEM 11: ADJOURPSMENT PtltOfiION: Commissioner Zirui M~VET3 to adjourn and Commissioner Porter 3ECONDED the motion. There were no objections. S4 ORDEREll. There being no further business before the Commission, the meeting adjourned at approximately 10:00 p.m. Mee~ing summary prepared and submitted by: AIRPORT COMMISSION MEETING SEPTEMBEI2 13, 2007 PAGE3 92 Corene Hall, Deputy City Clerk AIRPORT COMMTSSION MEETING SEPTEMBER 13, 2007 PAGE 4 93 CITX OF KENAI FLAP7NING Sa ZONINC: COMMISSIdN CYTY COUNCYI. CIil~NiBEE2S 5EPTEIVIBER 2E, 2007 - 7:Q0 P.112. 1. GALL TO ORDER: a. Roll Call b. 1~genda Approval c. Commsent Ageatda d. *F.fccused Abseaces • Roy We1Ss Consent Agenda *All items listed with an asterisk (~'j are considered to be routine anfl non-controversial bp the Commission and will be approved by one motion. There will be no separate discussian of these items unless a Cammission 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. 2. *APPR~i~ftL OF` MIflTLTTES: a. *September 12, 2067 3. SC~EDULED PUBLIC COMMENT: 4. Ci9NSIDERATIt3N OF PLATS: a. PZ07-51 - Preliminary plat for Beaver Creek Alaska Subdivision - Sherwood Addition. Plat submitted by Integrity Surveys, 8195 Kenai Spur H'sghway, Kenai, Alaska 99611. 5. PUBLIC FIEARINCsS: a. PZ07-49 - A resolution of the Planning and Zoning Comznission of the City of Kenai, Alaska, recommending to the Council that KMC 14.15.060(b) be amended to change the height of house numbers from three inches (3") in height to faur inches {4") to provide consistency with the International Fire Code. b. PZ07-SO - A resolution of the Planning and Zaning Commission of the City of Kenai, Alaska, recommending to the Council the Land Use Table in KMC 14.22.010 be amended by separating "Storage" from the current use Iisting of "Manufacturing/ Fabricating/Assembly Storage;" adding "Storage Yard" and "Miuu-Storage Facility to the listed uses in the Land Use Table and that KMC 14.20.320 be amended by providing defmitions of "Wholesale Business," "Mini- Storage Facility," "Storage Yard,° and "Warehouse." 6. OLD BCTSYNESS: 7. litEW ~USIIdESS: a. Proposed amendment to KMC 9. l0.OS0 and 9.10.020 to zequire owners of multiple family dwellings and mabile home parks to provide for property garbage containers and garbage collection. Discussian. 94 8. PENDING I1'EMS: a. P207-24 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that IiMC 14.20.200 (Accessory Structures) be amended by adding a section prohibiting the use af conne~-type metal shipping containers £or storage in residential zones. (Postponed 7/ 11/07 - no time certain.} b. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMG 9. 20.015 requiring dumpsters to be screened on at least three sides. (Postponed 7/ 11 /07 - no time certain.) 9. REPdRTS: a. City Council b. Borough Planning c. Adrninistration 10. PERS(SNS PFZESENT P70T SCKEDULEE>: I!. INFORMATY(3N ITEMS: a. Updated Histcr.c Preservation P:a:. - L~raft b. Commissioner Wells - Notice of Absence 12. COH2MISSIOFi COMMENTS & QUESTICIN6: I3. ADJOURNMENT: 95 eaTY oF ~~~,z PL~~zNeT~q~avp~~pzga~ps~tp~r~ry Gco^rann~1ssz~nr ~ ~P~F S L' 1Y11'1~A ds4iy iroo I 7:Om P.M. KEPBAI CITSC COCTNCEL CHP.MB~RS CPIpsYRMAN JEFF 1'WAIT, PRESIDING N€INYJ7`ES YTEM 1• CAY.L TO ORDER Chairxnan Twait called the meeting to order at apgroximately 7:00 p.m. 1-a. Roll CaL1 The roll was taken and confirmed as follows: Cosnsnissioners present: J. Twait, P. Bryson, J. Broyles, T. Lewis Comr.~issio ~ers a~asent: R. WeLs {encused), R. Smagge, S. Romain Others present: Council Member R. Ross, Planning & Zoning Admznistrative Assistant N. Carver A quorum was present. I-1s. Agenda .4gproval Commissioner Bryson noted the following additions: ADD TO: Item 1-d: Excused Absences S. Romain -- Requested by email R. Smagge -- Requested through the Clerk MQ'CION: Commissioner Bryson MOVED to approve the agenda adding ihe laydown items provided prior to the start of the maeting. Commissioner Lewis SE~ONDED the motion. There were no objections. SO ORDERED. i-c. Gonsant Agenda MOTION: Commiasioner Lewis MEDVEI3 to approve the consent agenda as presented and Commissioner Bryson SECONDED the motion. There were no objections. SO Olt6~ERED. 1-d. F.xxceused Abseaces Roy Welts R. Smagge (aaided ta agen~aj 5. Romaan (added to agenda} 96 Approved by consent agenda. Coxasent Agenda `~All items listed with an asterisk (*) are considered to be rouune and non-controversial hy the Commission and will be approved by one motion. There will be no separate discussion of these iterns unless a Commission Member so requests, in which case the ztem will be removed from fhe Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2; APP1tC1VAL OF MINUTES 2-a. Septemher 12, 2007 Approved by consent agenda. ITEM 3: SCZiEDULED PUSLIC GOMMENT -- None ITEM 4: COPTSIDERATYOIS OF FLA'1^S 4-a. PZ07-51 - I'reliminary plat for ~eaver Creek Alaska Subciivision - Sherwood Addition . Plat submittefl by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska 99611. Carver reviewed the staff report inciuded in the packet. 1~uait read the rules for public hearing and opened the floor to public hearing. There being no comments, the public hearing was closed. MOTION : Commissioner Leuris IVtOVED to approve PZ07-Sl and Commissioner Bryson SECf3NDE17 the motion. Commissianer comments included concern for the wetlands portion of tl~e lot. Carver expiained the division allowed plenty of land for development. V'OTE: Sm e EXCUSED Romain i EXCUSED Wells E3CCUSED ; Twait YES Bryson YES Bro 1es YES ~ Leccn~ 's -i YES i -. ~ ~ ~ I MOTIQN PAS3ED tTIaTAI1FMOi7SLX. ITEM 5: PUBLYC FTEAI2INGS PLANNING AND ZONING COMMISSION ivIEETItiG SEPTEMBER 26, 2007 PAGE 2 97 5-a, E'ZtD7-49 - A resolution of the Planning end Zoning Commission of the City of Kenai, Alaska, recomrnending to the Council that KMC 14.15.060(b) be asnended to change the height o£ house numbers from three inches (3") 1n height to four inches (4") to provide consistency wi#h the Znternational Fire Code. Carver reviewed the report included in the packet, noting the passage of the resolntion would make KMC 14.15.060 (bj consistent with the International Fire Code. Twait opened the rneeting to pubIic hearing. Thare being no comments, the pnblic hearing was closed. 1VdQ3TYdI+t: Comsnissioner Lewis 1VEOV~D to approve P207-49. Commissioner Broyles SECONl?ED the motion. VC3TE: MC7TIOY3 PL~SSED YIN.4NIMOUSLY. Twait read the appeal procass procedures. 6-b. P207-50 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the Land Use Table in KMC 14.22.010 be amended by separaYing "Storage" from the current use listing of "Manufacturing/ Fabricating/Assembly Storage;" adding "Starage Yard" and "Mini-Storage Facility to the Tisted uses in the Lai~d Use Tab1e and that KMC 14.20.320 be amended by praviding definitions of "Wholesale Business," "Mini-Storage Facility," "Storage Yard," and "Warehouse." Carver reviewed the staff report in the packet, nating it had been written using suggestions given during the work sessions. Twait opened the meefing to public hearing. Thare being no comments, the public hearing was closed. M(~TIOYd: PLANNING AND ZONING COMMISSIdN MEETING SEPTEMBER 26, 2007 PAGE 3 98 Commissioner Bryson ~OVED to approve P7A7-50 and Commissioner Lewis SECOIQDED the motion. Commissioner comments included • There would be no need for znini storage and storage yard within the Recreational Zone. • There would be no need for mini mtorage within the Townsite Historic Zone. • Requested a reviewable list of where conditional uses couid be considered. MOTTON 't`f3 AMEIVD: Commissianer Lec~~is MOVED to amend PZ07-s0, changing ?diini Storage and Storage Yard from "C" (conditional use) to "N" (not permitted} within the Recreational Zone and changing Mini Storage from °C° (conditional use} to "N" (not permitted) within the Townsite Historic Zone. Commissioner Brayles SE~ORi77ED the motion. Carver requested the Commission postpone the resolution until the City Planner could be in attendance to participate in the discussion. MOTIOlt~ Tl? POSTPt3NE: Commissioner Bryson MQVEI3 Yo continue the pubfic hearing and deliberation on PZ- 07-50 to the next meeting. (October 10, 2007) Commiesioner $royles SECONBED the moYion. 'Jf3TE ON POSTPONEMENT: ITEM 6: OLD BUBINESS -- None ITEM 7: IdEW BUSINESB 7-a. I3iseussion -- Proposed amendment to K~IC 9.10.050 and 9.10.020 to require owners of multiple fanvly dwellings and mobile home pazks to provide for property garbage containers and garbage collection. Casver reviewed the draft ordinance to amend I{MC 9.10.050 and 9.10.020 which was included in the packet. PLANNING AND ZONING COMMISSION MEETING SEP1`EMBER 26, 2007 PAGE 4 99 MOTiON PASSED UNANTMOLTSLY. Council Member Ross noted the attorney would be seworking the document; the discussion could be postponed; and, the change wauld bring trailer parks and rnultifamily hames under enforcement by the city to provide garbage collection. MOTTOPT: Commissioner Bryson fl2flVED to postpone further discussion until the next meeting, (Octol~er 10, 2007) Cominissioner Lewis SECONDED the motion. Y~~TE ON POSTI90NEMENT: YTEM 8: PEP3DINCs ITEMS 8-a. PZO?-24 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (Accessory Structures) be amended by adding a section prahibituig the use of connex-type metal shipping containers for skarage in residential zanes. (Postponed 7 J 11 /07 - na time certain.j ~-h. P20?-25 - A Resolution of tha Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.10.015 requiring dumpsters to be screened on at least three sides. (Postponed 7/ 11 /07 - no time certain.) TTEM 9: REPORTS 9-a. City Couacil -- Ross reviewed the ac6on agenda items from the September 19, 2007 City Council meeting, noting Ordinance No. ~251-200? regarding rezaning Shurr Subdivision passed unasumously. 9-b. Borough Ptanning -- Bryson reviewed the September 24, 2007 agenda provided in the packet. 9-c. Administratioxc - Carver noted the following; ~ Requested the commission review the Historic Preservation Plan included in the packet. A public hearing would be held on Octo~er 10, 2007. • Requested the commission's input whether to request the November 28 and December 26 meetings be cancelled. PLANNING AIVD ZpNING COMMISSION MEETING SEPTEMBER 26, 2007 PAGE 5 100 M~TION PA$SED UNANIMOUBLY. MOTION: Couis~lissioner Bryson MOVED to request cancellation of the November 28 and I7ecernber 26, 2007 meetings. Commissioner Lewis SECCSNDEI7 the motion. VOTE: Sma e EXCUSED i Romain EXCU9ED Wells EXCUSED 'Ituait YES ; Bryson YES i Broyles YE8 Lewis i YES i ~ MOTION PA~SSED UNANYMOUSLY. ITEM 7.0: PERSONS PRESENT NOT 9CFIEY3ULED KeiLie Kelso, 117 Walker Laae -- Kelso eapressed concern with the lass of the greenbelt behind ihe Aspen Hotel and fronting ~tTalker Lane, noting the Yhree acre paz cel, valued at more than $180,000; was originally called a greenbett area and it was now zoned Commercial, not Conservation. Commission suggested she speak to the City Council at its next meeting, noting she actually had two issues; The easement and a passible rezoning. ITEM 11: INFORMATIOId ITEMS 11-a. Updated Historic PresezvaYion Plan - Draft 11-b. Commissianer Wells - Notice of Absence FTEM 12: CQM1ViISSIO~ COMMENTS & 4}UESTIOPfS Broyles tendered his writtenresignation. Srysan -- None Lewis -- None Tvaait -- None TTEM 13: ADJOURNMENT MQTION: Commissioner Bryson MOVEI9 to adjoixrn and Commissioner Lewis SECOPiDED the PLANNING AND ZONING COMMISSION MEETINCx SEPTEMBER 26, 2007 PAGE 6 101 motion. There were no objections. BE} ORUERED. There being no further business before the Commission, the meeting was adjourned at appro~iruately 7:43 p.m. Minutes prepared and submit2ed by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 26, 2007 PAGE 7 102 September 26, 2007 Mayor Pat Porier City af Kenai 210 Fidalgo Ave Kenai, AK 99b11 Dear Mayor Porter; F''~;r` sFa. -- ~ = ~ ; r~ ~~~r r r ° ;.` „ :' `,:_t~ ~ 7 ~~U~ ~ , ~ ~ i,.._. k ~~mmF $M~~~~§~~ ~:Ji It is with much sadness and regret that f must inform you that T rnust resign from the City of Kenai's Planning and Zoning Commission. I was norified today by senior managernent within the company that 1 am employed by, that T must step down from Planning and Zoning Commission as it creates a potential conflict of interast associatad with the nature of rny v/ork. I, hereby; re~retfully tender my resignation ef£ective tamorrow, September 27, 2007. I want to thank you for your consideration in appointing me to Planning and Zoning Commission. Respectfully and apolo etically, .X~vU-- ~ '- 1 ustin Wynn Broyles 222 Snsieana Ln. Kenai, AK 99611 (407) 394-5262 103 ENFdRMATIdN ITEMS KENAI CITY COUNCiL NdEETING OCTOSER 3, 2007 10/3/2007 Purchase Orders Between $2,500 and $15,000 for council review. 2. 9 J20/07 MK Memorandum regarding City of Kenai Historic Preservatian Plan update. 3. 9/21/4'7 Kenai Harbor RaCe Schedule. 4. 9/ 17/07 T Jollie letter regarding Division of Community Advocacy(Division of Cornmunity and Regional Affairs. 5. 2007 Alaska Pull-Tab Vendor Registration/Kenai Elks #2425. 6. 9/24/07 Alaska Airmen's Association thank-you letter. 7. M. Vittane, ::egatator~ Cammissior~ a: A:as'.:a Notice of Utility Contract Amendment FiIing. 8. Call for Informatian/Alaska L?epartment of Naturai Resources -- State of Alaska Oil and Gas Lease Sales/Cook Inlet Areawide 2008. 104 T. O p O = O ~ ' ~ py ~ ~ ~ 40 'C M Li! L3} .i 4 J EL ~ ~ d i f U ~' ~ ~ ~ ~ O ~ a ° o ~ a ~ ~ ~ a Lu ~ ~ ~ u~ ~ m ~ w ' ~ a ~ W ~ U V LL O O J .... ~ ~ a a ~i c .~ J C? ~ ~ ~ Z ~ ~ O t L ~ p O Q O } a o ill y u; ~i ~ y~ Y' O ~ 0" J Q ~ ~ ~ ~ ~ ~ m W " ~ d bG ~,.A ~ Q tA ~ td9 ~ ~ ~ ~ ~ LIJ F ~'y` a l- m W O t n y. F- ~ F- - y > U ~ Cy µ~j ~ ~ W iGl ~ ~ O ~ Z 2 CS p ~ ~ 2 '~' ....... ~ u 6} e a C!3 F 4 ~ ~ z a c i y o 105 f1 M ~~ ~~~\ ', - ~, ~.1.:;~i.~::~... _ tl~ecil~af ~ KENAt~ 5KA "~i'lCa9e wit~r a Past, Gc~ wi~~r a Fr~tr~re" 210 Fidaigo Avenue, Kenai, Afaska 99611-7794 ~~ Telephone: 967-283-7535 / FAX: 907-283-3014 t~~ ~! ~ t997 MEMCJ: TO: Rick Koch, City Manager / FROM: Marilyn Kebschull, Pianning Administrator ~~ DATE: September 20, 2d07 SUBJECF: Gity of Kettai Preservation Plan For fhe past year, the Planning and Zoning Commission has been reviewing and updafing the CiYy's Historic Preservation Plan. The original plan was adopted in 1998 and had not been updated. The Commission held numerous work sessions and invited the public and the Kenai Historicai Society. Comments from those meetings have been incorporated into the updated documenf. The Commission wiil hold a pub(ic hearing at their meefing on October 10th to recommend to Council the adoption of the updated plan. Attached is a copy of the updated plan. It is anticipated that the resolutian would be placed an the CounciPs agenda at their October 17t~ meeting. You may want to consider providing a copy of fhe p{an to Councii as infarmation at their meeting on Octaber 3`d so that they have sufficient time to review the document. 106 CTTY qF Kk:NAI PLANNTNG AN~ ~ONTNG COMVIISSION KE:?dAi, AI.ASKA T2ESOLL'TICIi~' ;VO. PZ07-55 A RESOLUTION OF THE ICENAI PLANNiNG AND ZONING COMMISSION RECOMMENDiluG THAT T'HE KENAI CTTY COUNCIL APPROVE THE UPDATED HISTORIC PRF,SERVATTC7N PLAN FOR THE CITX dP KEl~7AI, VJI3EREAS, KMC 14.2~.105(3)(3) requires that the Gity devetop a local histc~rical preservafion plan that is compatibJe with the Alaska State Historic Preservation Plan; artd, WHEItEAS, In 1998 the City Council adopted the frst Historie Preservation PIazi; and, WHEREAS, A review of the Historic Preservatioi~ Plan was completed by the Planning and Zoning Commission; and, 4X~H~REAS, The Planning and Zoning Commission held work sessions wSth the Kenai HisYorical Snciefy and the pubiic reviewing and updating the preservation plan; and, WHER~AS, The Planning and Zoning Comrnission recommeilds that the updated II'rstoric Preservation Plan be accepted. I~tOW, THEREFORE, BE IT RFSOLVED; that the Planning and Zoning Commission recammands that tlie Kenai City Council accept the updated Historic Preservation Plan as suiamitxed by the Planning aud Zoning Commission. Dated at Kenai, Alaska this l Oth day of October, 2007. CHAIRPERSON ATTEST 107 i ~ -F ~ i V L Prepared by: The Planning & Zoning Commission - 2007 108 FOREWORD The Nistoric District Board drafted ths City of Kenai's first Preservation Pfan. That plan was adapted in 1998. In 200'[, the Cifiy of Kenai amended the City's cade and eliminated the Histaric District Board and assigned the duties of the Board to the Planning and Zoning Commission. The original Preservat'son Plan depended heavi4y on the "Kenai Townsite Historic District Survey Repart° that was published in July of 1996. The Commission continues fo refy on that report for preservation activities in the Tawnsite Histaric District. This report contains a weaith of information about the Qistrict and its history. Copies of this document are availabie for review at the City of Kenai Public Library and City of Kenai administrative offices. 109 CITY OF KENAI PRESERVATfON PLAN TABLE OF CONTENTS - MISSION STATEMENT :................:......................................................................2 - DESCRIPTION OF THE HISTORIC CHARACTER OF KEfVAI FROM PREHISTORY YO PRESENT :..............................................................................2 - SUMMARY dF PAST PRESERVATION EFFORTS :............................................3 - SURVEY OF HISTORIC RESdURCES IN KENAI : ..............................................3 ~ ARCHAEOLOGICA~ ANC3 HISTORIC CONTEXT OF KENAI : .............................4 'v HISTORIG BUILDWGS AND SITES ALREADY IDENTlFIEb :.............................4 - PROCEDURE FOR NQMINATION FOR FUTURE HISTORIC SITES :................4 - LEGAL ORDINANCE WITH MAPS, ZdNING, AND DESIGN GUIDELINES:.......5 - HISTORIC PRESERVATION EDUCATION FOR THE COMMUNITY :.................5 ~ DEVELOPMENT RECOMMENDATIONS :............................................................6 > PLANNING AND ZONING COMMISSION MEMBERSHIP :..................................7 - STATEMENT OF PUBLIC BECTOR'S RESPONSiBILiTCES TOWARD CITY- OWNED HtSTORiC RESOURCES (SUCH A5 PARKS, STREETS, PUBLIC BUILDiNGS, ETC.) ._ ............................................................................................7 - PROCEDURE FOR ANNUAL REVI~W AND FUTURE PtANNING : ...................8 City of Kenai . Page 1 of 8 Preservation Plan 110 MISS/ON STRTEMENT: The Planning and Zoning Commission shal! sfrive to preserve the cultural and historical features unique to the City of Kena+ and the Townsite Historic Zone. The Commission shall: e Review and comment to the State Historic Preservafion Officer on all proposed National Register nominations within the boundaries of the City. When the Gommission considers a National Register nomination that'ts normally evaluated by professionals in a specific discipline, the Commission will seek expertise in this area before rendering a decision. • Work wifh other agencies and entities to enhance public knowiedge about the City of Kenai's history. • Encourage the dissemination ofi knowledge tnrough signage, 6rochures, maps, or whatever med~ums necessary and approved by the City of Kenai and the State Historic Preservation Office. ~ Review community improvements end make suggestipns where hisYorical and culturai impact can be expressed. DESCR/PTIQIV OF THE HISTOR/C CHAt2ACTER O~ KENA! FROM PREHISTORY Ta PI2ESEN7': The prehistory and ~ecorded history of Kenai dates some 10,000 years beginning wi#fi the Ftiverine Kachemak people about 8,000 B.C. An Athabaskan cuiture, the Dena'ina displaced the Riverine Kachemak people about 1,000 A.D. The first white contact came when Captain James Cook mapped fhe body of water named after him, Cook Inlet, in 1791. During the same decade, the Russian fur trade expanded its operation to the Kenai Peninsula and the Russian Orthodox Church began to bapfize fhe na#ive people into Christianity. The purcnase of Alaska by the United States in 1867 marksd anaYher milestone for Kenai, foliowed by its Ear1y Community Building Era from ~ 898-1925. The Kenaitze subsistence iifeway overlapped several of those same years running from the turn of the cantury through Worid War Ik. City of Kenai Page 2 of 8 Preservation Plan 111 Pastwar community growth naturally followed, including the discovery of oil in 1957. Alaska became the 49th state in 1859, and one year Iater, the City of Kenai became officially incorporated. (For complete dstaiis see pages 11-50 of fhe "Kenai Townsite Nistoric Distnct Survey Report.') sunnMaRY oF ~asr P~~sERVa rra~r ~~FO~zrs: The City of Kenai and fhe Kenai Historicai Society are largely responsib(e for past preservation efforts beginning with fhe memorial ta Fort Kenai constructed in 1967. The members of fhe histarical society managed the operafion of the museum at Forf Kenay for the following ten years, and through their dedicafed efforks, successfully restored St. Nicholas Chapei and four cabins in the Old Town area. The City of Kenai estab(ished the Kenai Townsite Historic District by adopting an ordinance in 1993. in 1995, the City of Kenai appoinfed a Townsite Nistoric District Board as a step toward a formal preservafson program and was granted Cerfified Local Governmen4 (CLG} status by the A4aska State Office of History and Archaeology. In 2001, the City af Kenai's code was amended. The amendment eliminated the Townsite Nistoric District Board. At that time, the Planning and Zoning Cammission assumed responsibility for historic preservation in the City of Kenai. {For complete defaiis see pages 47-49 of fhe "Kenai Townsite Historre District Survey Report.'} SURi/EY ~F HIST{?RIC f2ESOURCES lN KEAfA1; As the recipient of a 1995 Certified Local Government Grant, the City of Kenai's Historic District Board contracted with a historian and an architect (Preservafion North) to survey the bui)dings, structures, objecfs, and sites within the boundaries of the Townsite Hisforic District. Pu6(ished in 1996, fhis repart cfocuments in detaii the thirty-four properfies along with infarmation on ten properties adjacent ta the district boundaries. Using the criteria of the National Register of Historic Places, the survey repart has provided both the City of Kenai and the State Office of History and Archaeo{ogy with the baseline inforrnation necessary for historic preservafion planning. (Refer to the "Kenai Townsite Hisforic Drstrict Survey Report"for camplete detaiis.} City ofKenai Page 3 of 8 Preservafion Pian ~ 112 ARChfAEOLOGfCAf. AN~ ff/STORfC CONTEXT OF KENAI: Although several archaeological studies have been conducted at Dena'ina village sites, few artifacts have been uncovered due fo fF~e C)ena'ina belief thaf all naturai resources be returned to fhe earth or sea from which #hey originated. Nineteenth century joumals and letters of European and Russian explorers have provided primary sources of information describing the tifesty(e of the inhabitants. (See pages 11-49 of the `Kenai Townsite Hisfonc District Survey Re~art" for oomplefe details.} H/STORlC BtJiLDINGS AtVD Sf~ES ALREADY IDENCT/F/ED. The thirty-four buildings and ten adjacent sites in the Tawnsite Historic District have been documented with a short history, a basic descripfion with tabies, maps, historic photographs and current photographs. Arranged by fhe historic themes and general non-historic categories, the survey evaluates each property according to 4he Nafional Historic Register guidelines. These properties are now on file with the Alaska Heritage Resources Survey (AHRS). See pagas 56-154 of the "Kenai Townsite Nistoric District Survey Repart." Pt~OCEDUR°E fi062 ~lOM/tVATlON FOR ~UTtlRE H/STORtC SITES: lndividuai property owners may choose to nominate their property andlar buildings to the National Register of Historic Places. The Pianning Department is willing to assist property owners in preparing for the required local review. After the Iocal review, the namination is forwarded to the State Office of iiistory & Archaea}agy. Attachment A, "The National Register of Historic Places" and Attachment B, "Nationa! Register of Nistoric Places Rights of Owners to Comment andlor To Qbject to Listing" provides additional information on the nomination process. In addition, see pages 183 through 185 of the "KENAI TOWNS/TE HlSTORlC DlSTR/CT SURVEY REPORT." The following materials are available for review at the City af Kanai Planning and Zoning Department fio assist in the nomination pracess: Cfty of ICenai Preservation Plan Pa~e 4 of 8 113 • "Kenai Townsife Nistoric Distnct Survey Report", Preservation North, July 1996 o "16A - Nafiana/ Regisfer Bullefirr, How to Complete the National Register Regisfrafion Form" The following nomination forms may be obtained from the City of Kenai, Planning & Zoning Department or at the World Wide Web at http:llwwvw.cr.nps.gov/nr/publications/torms.htm: NPS Form 10-9D0: National Register of Historic Places Registrafion Form NPS Form 30-900a: National Regisfer of Hisforic Places Continuation Form LEGAL ORL}l1VANCE WfTH MAPS, ZON/NG, AND DESIGN GUIDEL/NES: Title 14.20.105 of the Kenai Municipa! Code, which is the lega! ordinar,ce out;ining ths intent of the Townsite Historic Zoning District, is attached as Atfachment C. In addition, Attachment D(Land Use Table) and E(Dsvelopment Requirements Table) are provided which specify allowed uses in the TSH zone and developmenf requirements. See Attachment F for the Townsite Historic Qistrict map. HISTORIC PRESERVATIOtV EDUGATlC3N Ft3R THE COMMUN(TY: The Pianning and Zaning Commission is responsible for development of the Cify's Historic Preservation Plan. As opportunities arise, the Commissian will participate in educating the communify abouf its cultural resources. The follawing historic themes represent possible education projects. • Dena'ina Buiiding Tradition: A.D. 1000-1890 ~ Russian Expioration and Fur Trade: 1741-1868- a The Russian Orthodax Church: 1841-1906 {Extant properties, 1881-19d6} • United States Purchase af Alaska, 1867: Fort Kenay, 1869-1874 • Early Cammunify Building Era: 18&9-9925 o Kenaitze Subsistence; 1900 - 1941 • Federal Programs for Agricuiture and Sustainable Resource Managemenf: 1898-1958 (E~ant properties, 1935-1958) • Post War Cammunity Growth: 1948-1958 • Posf Statehood Development: 1959 - 1996 Ciry of Kenai Preservarion Plan Page 5 of 8 114 In 1998, the City of Kenai, in a joint effart with the Kenai Visitor's Center, deve{oped a wa(king tour brochure that guides citizens through Old Tawn past the historical properties that were recognized as part of the signage project. The signage project was com~leted in 1997. These projects cantinue ta provide education to citizens and visitors. DEVELOPMEIVT ~2ECOMMENDATIOIiIS; The historic district musf be an alive, inviting, and active place to assure historic preservation. Development of the Townsite Historic District (TSH) should be promoted to assist in this hisforic preservation. Weli-planned development can spur the economics and interest that promote action. The City and its citizens are in the best position ta kindie that development by encouraging and supporiing the following concepts: • Development of a master plan for TSH that has among its goals and objectives historic exhibits. This may require land swaps of City property to obtain parcels of land to accommodate the master plan. . Providing mare greenbelt cornmon areas with developed connecting pathways, preferably along view areas. o Consider praviding tax incentives to develop economic enferprises in TSH. • Continuing the upgrade of streets with street signs and lighting of uniform design to provide more visuai unity in the district. b Continuing participation with the VisPtor's Center in developing and publicizing the walking tour and specific exhibits in the Center. • Review the Townsite Historic district Zoning ordinance to assure that development requirements protect and enhance the character of the zone. ~ Appfy the Townsite Nistoric District Zoning ordinance to assure bui[dings, signage and other improvements are in keeping with a historic setting. • Continuing to landscape the City properties by keeping fhe area Iitter free and wel( groomed. Encourage placement of benches and trash receptacles. • Encourage purchase of land for public use when land in the District becomes availa6le. City af Kenai Preservarior~ Plan 115 Pa~;e ~ of 8 • fdenfrfy properties with historica! significance locafed outside of the Townsite Wistoric District. • Consider expansion of the Townsite Historic District when praperties are identified with historicai significance. • Encourage development of an historic block (Lot 3, Block 17, Original Townsite of Kenai) on the Ci#y property where the historic Civic League and Kenai Fire Hali/Jaii buildings are currentfy lacated. PLANI~!lNG AIVD ZOttdlN(s CDMMJSStOM MEM~ERShdlP: The Pianning and Zoning Commission is respansible 4or historic preservation wi#hin the City of Kenai. See Attachment G, Planning and Zoning Commission roster. STATEMENT OF F'UBL1C SECTOR'S !?ESPt~tVSIBILfTIES TOWARq ClTY-OWNED HtSTORIC RESOURCES (SUGhd AS PRRKS, STREETS, P!/BLIC BUILDINGS, ETC.} In order fo foster strong community relafionships and strengthen historic preserva#ion, the Pianning and Zoning Commission adapts Gaals 2 and 4 of the Alaska Stafe Preservation Plan, which specifies tne fallowing: • 5upport and strengthen locaf historic preservation efforts. • Encourage Alaska Natives to identify concerns and develop strategies to protect Yheir cultural resaurces. • Encaurage nanprofit statewide organiza4ions, including the A(aska Anthropological Association, Alaska Association of Historic Pressrvation, Afaska Historical Society, Keepers of the Treasures - Alaska, and Museums Alaska to promote historic preservafion. • Foster stewardship of culturaf resources by pub{ic agencies and private individuals and groups. e Use emerging technofogies to improve communication among organizations and individuals interested in historic preservation. City o£Kenai Preseiwation Flan 116 Pa~e 7 of 8 . Review development projects to protect cultural resources. • Review emergency response laws and plans so that cuitural resources receive maximum pratecfion in the event af a disaster. • Promnte the role of locai preservation programs in efForts to maintain and enhance a community's character. • Promote incorporation of preservatior~ issues in plans. PRC}CE~CIfdE FOR ANNUAL REVfEW AND FUTURE PLANIVtNG: it is the duty of the Planning and Zoning Commission to annuaily review the survey of hisforic properties in order to inc(ude any new informafion that may have arisen in regard to the accuracy af each historical site. Therefore, at fhe end of each calendar year, the Planning Department administration shall review the survey, submit corrected informatian fio the State Office of History and Archaeology, and inform the Commission of the findings of the review. Pianning Departmant administratian wili prepare an annual report for submittai to the State Office of History and Archaeolagy, This report will cover the following fopics: • ~ocal Preservation Ordinances • Local Hisforic Preservation Commissian Or Board • Survey And Inventory Of Historic Properties • Preservation Pianning Acfivities • Natianal Register Program ParEicipafion . Protection Of Historic Praperties • Public Education Projects + Historic Preservafion Grant Activities • Other Preservation Activities The Commission is provided a copy of #he report. CiCy oP: Kenai Preservation Plan 117 Page 8 of 8 ATTACHMENTS A. The National Register of Historic Places Nomination Process B. Natianal Register of Historic Places - Rights of Owners to Comment and/or to Object to Listing C. KMC 14.20.105 - Townsite Historic (TSH) Zoning District D. Land Use Table with Footnotas E. Development Requirements Table F. City af Kenai Townsife Historic District Map G. City of Kenai Planning & Zaning Commission Membership Roster H. Alaska's Historic Preservation Plan C,ity of I{enai Preservati.on Plan 118 Paga 9 of 8 Attachment A National Register of Historic Places The National Reqister af Historic Piaces is the nation's Iist of historic properties worthy of preservation. kuthorizeq under Che Natior,ai Historic Preservation Act of 1966, the Nationai Register coordinates and supports publ[c and private efforts to identify, evaluate, and protect historic and archaeological pro~erties. Properties of local, state, or n~tional signifcance ere eligible. National Regi,ter nominations are made thraugh the State Histaric Preservation Office and are reviewed by the Alaska Historica; Commission, Upon favorable raview, the nomination is sent te the Keeper o~ the Nakional Register for fii~ral review. Listing on L'he National Reg;ster acknowledges the historic importance of a property, provides some protection from adv~rse impacts cf public worl<s projects, and makes it pcssihle for a private owner to take ~dvantage oP tax credits for rehabilitating income-producing hisloric properties. Applications and bulCetins are available by contacting the OHA office at: Office of History and P.rcha~ology /~laska Division af Farks and Outdoor Recreation 550 West 7th Ave., Suite 1310 Ancharage, Alaska 99"s01-3565 Additional inPormation may be found at the Natipnaf Park Service - National Register of Historic Places web site at: http://www.cr.nps.gov/nr/index.httn 119 Attachment B §~A~'~'~C9hddS€~ 8~~~'s~~'6~F~.' C9F €~H~~9'CSF~~C E'@~6k~~.~'s &21Cs~-F7'~ ~VF 439,~idt~f~fl~~ ~`:7 ecss~~~r~g ~~c~p€~~ ~~ ~s~~~~a ~~ ~.~s~~~s~ Owners af private properties nominztetf tc the National Register of F9istr,ric Piaces have ari apportunity ta concur with or object to listing in accord with the IVational Historic Preservation Act and 36 CFR 60. Any owner or partial owner of private properry who chooses to objecf Yo Nsting may submit, to the State Historic Preservation Officer, a noiarizecl statement cerYifyiny that the party is the sole or partiaf owner of the private praperty and pbjects to the listing. Each owner or partial owner of private proper±y has one vote regardless of the portion of the praperty that the par~y owns. Sf a majority of private property owners abject, a praperty wil) not be !isted, How~ver, the Stat~ Historic Preservat.ion OPficer shall suL~mit the nomination to the Keeper of the iVational Register oP Historic Piaces for a det2miinatfon o~ khe property`s eligibility far iisting in the Natlonal Register. If the property is theri d~terrriinzcl eligible for listing, aithough not forrnally list~d, federal agencies wAI be required to ailow the Advisory Council on I-listoric Preservation an opportunity to comment befiore the agency may fund, license, or assist a project which wili affiect tl~re property. If yau choose to abject to the listing of your properLy, the notarized objection must be submitted v~ithin }:hirty ;30; days af recei~t of this I~tter to: Judith E. Bittner, State Historic Preservatian ~fficer Office of Histary and Archaeolagy Alaska Division nf Parks and Outdoor Recreation 550 West 7th Ave., Suite 131b Anchorage, Alaska 995d1-3565 If ~~ou wish to comrn~i~t or. the nomination of the prnperty ta ihe Natiot~al Register, piease send your comments ta the State Historic Preservation 4Cfice aviihin thirty (30) days of receipt o` this Ietier, Additional inPormation on the Nationai Regist'er and the federal tar, provisions is ava labie from the above acldress upon requesL 120 Attachment G KENAY MUNICIPAL CORE 'fYTLE KMC 14.20.105 1420.106 Tawnsite Historic tTSH} Zoninq District: (a) intent: The TSH Zoning District is intended to provide for a mixed, contralled use in a designated area, which wiif protect and enhance the historic character of the zone. The goal of the TSH zone is fo manage all new deveiopment, reconstruction and alierations within the zone. (b} Appiication: An application requiring review in TSH Zoning Distric# shail be filed with the Pianning Department. The TSH zoning district, as located within the bounds shown on the City of Kenai Officiai Zoning Map. The application shall contain: {i) One {1) reproducibl~ copy of the application signed by the applicant and, if leasing the premises, co-signed by the owner indicating type or nature of business. (2} Current color photographs of the site and of any existing structures representing both the overaii condition of structures and accurately partraying materials and color. (3} Reproducible schematic plans of the proposed construction sufFicient to show buiiding size and (ayout, exterior efevatians, proposed maferials and colors. (4} A landscaping and site plan complying with KMC 14.25 and the developrnent criteria of this chapter drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. (c} Development Griteria: The developrnent criteria is intended to provide for a district in which residential and business enterprises cohabit- habitat as a desirable and compatible use. All proposed canstruction, renavatian, demalitian, or alteration shall: (1) Encourage, whenever possible and compatible with historic characker of the TSH zone, foot traffic; restaurents, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures inciuding log style with soft colored or naturai sidings. (2) Discourage uses which will violate #he histaric and scenic quality of the TSH zone; buiidings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. (3} Specific structures and activities which will not be alfowed, but are not limited to: (a) Buildings with "modern design style of arch'stecture" that have no historical correlation with the district; 121 KMC 14.2~.105 (b} Gas stations; (c) Auta repair shops; Page 2 (d) Kennels or similar uses; (e} Livestock, sfabfes, commerciai horseback riding; (fj Auto body and paint shops; (4) Commercial buiidings are limited to a tofai area af no mare fhan five thousand (5,000} square feet per story. Any individual unit within the structure may be of no more than iwo thousand five hundred (2,500) square feet, except that the Commission may aHaw a larger individual unit if it is determined to be compatible with the zone. (5) Metal-sided bui(dings may be allowed itthe Commission determines they are compatible with the zone. (d) Criteria for determining acceptable use shail include, but not be limited ta the foElowing: (1) All alterations ta existing s#ructures should be performed so as to preseroe the hista~ical and a~chitectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or sife in its environment shafi not be des4royed. The removal or aiteration of any historic material or destruction of architectural feafures cannot be done without approval. (3} Changes which may have taken place in the course af time are evidence of the history and development of a buildi~g, structure, or site, and its environment. These changes may have acquired significance of their own, which shouid be recognized and respected. (4) Landscaping requirements according to City of Kenai as required by KMC 14.25. (5) AI1 exterior constructio~ must be cornpleted within a year of date of approvaf. (e) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their presenf form and use. in the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebui{f with the foliowing requirements: (1} The structure fo be rebuiit must conform to the previously existing structure in terms of size, shape and }ocation unless #he Commission determines the new structure is more compatible with the intent of the TSH zone. (2) The use af the new structure must be the same as the use of the previaus structure. 122 KMC 14.20.105 Page 3 (3) Appiicatian for reconstruction af #he structure must be mede to the Planning Department within one (1) year of the date of loss due to demolition or damage. (4) Reconstruction of the structure must be complete within two (2) years af fhe date of the loss due to demolition or damage. (5} If app4icant wants to rebuild, other than a pre-existing structure, the existing strucfure provisions as stated abovs are not applicable. (f} Criteria for designation of landmarks to be included in the TSH zone: (i} Its age-approximately fifty (50} years old. (2) 1ts character, interest or value as part of the devefopment, heritage, or culturai characterisfics of the City of Kenai. (3) Its location as the site of a signifiicant historic event. (4} its idenfification wifh a person or persons who significantly contributed to the culture and devefopment af the City of Kenai. {5) Its distinguishing characteristics of an archifectural type. (6) iYs r~iationship 40 other ~istiretive areas that are e~~gible ~cr preservafion according to a historical, cu(tural, or architectural criteria. (g} Uses. (1) Principal Permitfed Uses as ailowed in Land Use Table. (2) Cor~difionai Uses: As allowed in the Land Use 7able {KMC 14.20.150) and subject to fhe provision of this chapter. (h} Reviaw Pracess. The Cammission wiii review all bui~ding permit applicafiions as wefl as ail exterior architectural alterations and demofition to properties inciuded in the Historic Preservation Plan. Upon submittal oF such an applicatian, the Planning Departme~t shafl schedule the app(ication for review by the Planning and Zaning Commission at the following appropriate meeting. Any other building permits within the Townsite Historic District shaii be handied administratively by the Building Official. {i) Historic Preservation. The Commission shall: (1} Conduct or cause ta be conducted a survey of the historic, architectural, and archaeoiogica! resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and abfe to be readily in#egrated inta statewide comprehensive historic preservation pianning and other planning processes. Survey and inventory documents shali be maintained to pratect the site iocation{s) from passible vandalism. The survey shaii be updated annualiy. (2) Review and comment to the State Historic Preservation Officer on al! proposed National Register nominations within the 123 KMC 14.20.105 Page 4 boundaries of fhe Cify. When the Commission cansiders a National Register nomination that is narmaily evaluated by professionals in a specific discipline, the Commission wiil seak expertise in this area before rendering a decision. (3} Develap a local historical preservatian plan that will be compafible with the Alaska State Historic Preservation Pfan and produce informatian that is compatibie with the Alaska Heritage Resource Survey. (4) Signs. Signs shali be as allowed as set forth in KMC 14.20.220 (b}. (j) Penaities. Pena(ties for non-compfiance with this Chapter shall be as set farEh by KMC 'i4.20.260. (k} Defiinitions. (1) Alteration. Any act or process that changes one or more of the exferior archi#ectural features of a structure, inciuding, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. (2) Construction. The act of adding an addition to an existing structure or the erection oF a new principal or accessory structure on a lot ar proper#y which requires a building permit. (3) Demolition. Rny act or process that destroys in part or in whole a fandmark or a strueture within a histaric district. {4) Certifiied Local Government. A local government "that has been certified to carry out the pravisians of Sec#ion 101(b} af the National Historic Preservatian Act.° (5) Historic District. An area designated as a"historic districY' by ordinance of fhe Cify Council, which contains within definable geographic boundaries, one (1) or more landmark and which may have within its boundaries other properties or structures that, while not of such historie and/or architectural significance ta be designated as landmarks, nevertheless cantribute to the overaH visuai characteristics of the landmark or landrnarks iocated within the historic district. (6) Historic Preservafion. The act of adapting regulations and restrictions for the protection and preservation of places and areas of histarical and cultura( imporkance to Kenai. (7} Landmark. A property or structure designated as a°landmark" by ordinance af the City Council, pursuant to procedures prescribed herein, that is worthy of rehabi{itation, restoration, and preservatian because of its histaric andlor architectural significance to the City of Kenai. 124 LA.ND T,'SE TABLF K,EY: P= hrincipal Psmiitked Ure C = Conditionai TJse S = Sewndary Use N ~ Not Pem~itted NOTL"^: Refrrence foomoCes on foitowing pa€es for additiqnal ~esCrioCions ZdNING DT5TRI'C'1'S ' 12ESIBL~NTIAL ' I ~ I ? I LAND USL~S C RR RRl RS $SX R52 Rti ~ CC CG IL LI-L i F.A R( 'TSI'~F LC ~ C'MU IOneFamltYDwelling CtB P P P P~ F P P01 S' Sz S' - C'~. P P P S'/C"~ TwalThreeFamily Dwelling C'w P P P i' P P P'~ S' C C C'z P P P S4C'~ FourPemilyLlweiling C~~' ~ P! ' C;~' P N N I p p'~ I w' ~ C C C'~ N P ~ C S4C°1i PIve7SixFan~ilyDweiling C1e ~ C' N P N( N G { P P'~ ` S' C C N N P t C 54C"I ~ SevencrMOraFamily ~~weili~g C'" C' N C,~ N N P i P~' S~ i ( C C i N N ~ P C ~ 9'!C" ~ '~, Tov.rohouses" C1e C C C~ C C C C C C C~ C" C C C C'. Mobile fiome ]>erks` N C C C C Q C~ C C C C~ N C N C C PianncdUnitResidential Developmeiou' C1e C C 3 t C C C; C ~ C C C ~ ~ C ~ N C C C C /v!~~~Y1~~fT+tl!+YaY l~lllvllvll'vLll.ltiL I ~ LANllUSES i C RR IiRt R$ ' RSl RS2 T211 i CC CG IL IH Ell R 'TSII LC CMU~'~, Aummotive Sale> N C C N N N C P P P P N N h N P~ Au¢mm~tiveService Stuions Di C~ C N N N C P P P I' N ~C N' N P~ Sm~ke N C C C N N C P P P C N C C~~ C P'~, ~ Business/Con,cmnec Servioes N ~ C , C C I N N C P P P ~ G N C a C ~ C ~ P I ~ GuidcService N C C C N N ' C: P P P P N P P C P fHotelslMntels N C C C N ( N C~ P i P P C N C Y ~ C P Lodge ~ N C C C N N C P I' f' C N P P C Y Professionul Ofnces N C C C h N ~ P P P P P Iv C P P P ResuursnCS I N C C C N N~ C P P P C~ N C C P P ;RetailHusiness ~ N'° C C ~ C N V C P P Y P, S3° S~4 C C P Whoiesalef3usiness N C C C ~ h~ N C C P( P P N~ S'° C C N.. TheaterslCommercial Recreation N C i C C N; 'N ( I C; P; Y C C N P; C C~ P',, ~~ Attachment I~ 125 LAN'D T7SE TAELE KEY~. P= Princiqa( Permitted Use C ~ Cond:tionat Use S = Secondury Use N ° NoG PennitVe(i NpT~: Refezu~ce fiotnotes on fo~lowing ryages for addit~ionai cesuictions zarn~vc n~s~rx~tczs AVDUSTRTAL ~ ~ LAND tISES C 7tR RRI RS RSl i RS2 RII CC CG ~ II, TH ED ~ R TS}l LC CMFJ~. AirporCS ~nnd Relatcd Uses P20 ~ C C C N ~ iI C P P P P I3 C N N ~ C I AutomotiveRepair j N C C C N N C ~ P P F j P N N N N 1> Gas Maoufzecu~erBtorxge i N N C C N N N N N C' C° N N N N N~ ManufacmringlPabriwting/ Assembly Storage N C C C N N C C P P P N C C N C'~~. '. Warehonses N C C C N N C N P F I P N~ I C N N N i PIIBLICI INSTITL'TICJNAL , ~ ~ ~ ~ ~ ` I ~ ! ; LAND CSF,S C RR RRE ~ RS H51 R52 ftU CC CG IL ~ IEI ~ ED R "PSH LC CMII ~Chariteblef~stlmfions C C C~ C C C P P P P P i P C P C P Churckies'" _ C P~o pio Pta ~m yin Pin Qm pio C C P Pm P I' P~. Clinics C C; C C, C~ C C P i ~ Y Y C C C i C P i P ~Cnllages' C C C C C ~ C C P P C C P C C C P tilementary Sohools* C C C C C C C I' P C C P C C C P GovemmcntalBuiidings i C C C C C C ~ C P P P C P C C ~ P P High Scl~oots* ? C C C C C C C P P C C P C C ` C P 41dospicals* ~ C i C i C C C C C P ~ P P C C i C~ C C P Libraries'" C C ~ C C C ` C~ C~ P P P C P C P C P~ IMuseums C~ C C C C I C~ C P P P C P C A C P'~. '~,PuksandRecreaCion P C C C C C C ~ ~ P P P P P ~ P P C ~ ~ P '~,ASSistedLiving C C C C C I C C C C C C i C' C C C C Actachment D 126 LANB USE TABLE KEY~. P= Principal Pacmitted Use C = Conditional Use S = Sewndary L'se N = 4FUt Permiucd NO'7'G: Reference Poot~otes on following pages for addiNonal restrictions MISC~LLANEOUS ~ ( ~ ~ ~ LANDUSGS C RR ~ RI22 I RS RSl R82 RD CC CG ' II. ; [T~I EB R~ TBIii LC ' C,MU Flnimnttioarding" C C C C C N N C C C C ~N C N~ C C Bcd and Breakfasts C C C C C C C C C C C N C C C P Cabin Rentais C C~ C C N N N P P P C N P~ P C P Cemecedes C C C C i N N N N C C C N C C N N Ccemat~ocieslFuoeral N C N C N N C C C C C N C C C C ; Homes i ~ i ! ~ ! i T)ayCureCentere" ~ C C C ~ C C C C P P P C C C C P P ~ DormitorieslBoazding C C~ C C C C' P P" S C P P" C C P P~ Homsrs ~ ~ I~ssentiel Services ~ P P ? P ~ P ~ P P P P P Y P P ( P . P ~ P Parming/Genern( P P N N~ N A' N ~ N N N P~ N Y''~~.. N N ~ N Fl.griculture""~* i ~ lGceenhauses/Tree C C C C C C C P~ P P j C N~ C j C y P P~ ... ;Nnrseries" I i ~ ~ ~ . ~ ' ~ Gunsmit6ing, Printing, N. C C C C C C P P P P N C P F 'Taxidenny IAssembl:es"(Large C C I C C C C j C P'~ P" P" P~` P" C P N Y~' 1 Circusr~e, Fairs, Etc.) FiatemalOrganizatiansl N~ C C C' C ~ C C P P~ P ~ C ~ N C P C P Privete CIu6s/Sociei I{alls ~ ' and Union lialls , ~ ~ i ~ _ ti ~_ Nncsing Convulescentor ~ N C ~ C ~ C C C C P P i C ~ C ~ C C C C P Rest Hom~c Parl~iug, OffSfreet P P P P P P P P F N P P P P P P ~Parking,PublicLofs'~ C C , C C C C ~ G C C C C ~ C C . C C C Perso~at Services°6 C C ' C C C C C P P P 1? ~ C C P P P ~ RndiolTV P P i C C C C C P P p I P ~ P C C C P Transmiuers/Cell Si[es** ' i . ~ ~~ I Rccraafiona; Vahida ParRa C G ~ C C ~ N N C C C C ~ C ~ ~ i C C N ~ G ~ SubsutFace Hxtraction of C~ C ~ C C C C C C C C ' C N C N N ' N Naturffi Resovrces16 ~ Surface Extrection of C C ; C C N N ; C N C ~ C C N C N N N NaCUral Resoucces" ~ I Attachment D 127 ` See 42 L'SCA Sec. 200Dcc (Retigious I,and Use and Ins[iiv[ionaliu.d Pe[sons Ac(. of 2004j ~ '"* See 42 Telecommm~icetians Act of 1996, Sec. 704{a} TM"" See, howevec, the fimiYatimis imposed unUer KMC 3.t0.D70 Footnntes: 1. . AUowed ac a secondary use except on kl~e ground floor of the pzrt of the building fronting on callector sll~eets and major highways Commercia( or indusfriat wliich fntls under the landscapinglsite plans requiremcnts of KMC 1425 shatl indnde any secondary uses in the landscaping and siCe pVans. 2. One (1) single-fa~nily residence per parce(, wliich is pari of the main 6vitding. 3. Atluwed as a condifio~ial usc, su6jaec to saYis£ying the following couditions: a. Tne usable azea per dwelling unit shall be the same as tl~at required for dweltin~ units in the RS zone; b. Tne site sqw~re f'ootage in area must be approved by che Commission; ~ c. Yazds azom~d Eha eite, offisrceet paiicing and othe~~ development requiremene,G shall be tUe same as for pdncipal uses in 71ic I2R zane; d. Water and sewer facilitics st~al( meet Yhe requirements of atl applieabie henttii regulations; e. The pioposed dwelling group wf Il consdtuee a residenciat aree of soscained desirabi7ity tand stabitiry; witl be in harmony with the character of [he surrounding neighburhood, and ~vill not advarseiy aFiect surroimding property values; f. The buiidings shall be used only far residentra{ purposes a~d customary accessory uses, such u garages, storage spaces, and recrealional and community activities; . g. There sliall Ue provided, as part oFthe proposed development, adequate recreation areas to serve the needs uf the auticipaCad population; h. The developmenf, shali not prnducc a volume oPtratlic in axcess of the capaci[y zor whicU Ehe aecess streets are aesssn~a; i. Thepraperty adjacent to Lfie proposed dv.~olli~sg ~mup wiil noebe adversety a1'feated. 4. See "Townhouses" seaion. ~~ S. Sae "Mobile Homes° seceion. 6. Allawed as a conditional use, subject tn ;~vfobile Homea" secYior, end provided diaY any mobile home purk meets the minimum Federal Housing Autliority requirements. 7. See "Yl~ned Unit Residentia! llavelopmc~N' section. &. Allowed as a condicional use, provided Ehat tha proposed locapon and tfle characte~ris4ics of tl~e site will not deatroy the residentiat character of the neighborhood. 9. Allowed av a couditional use, provided thae a!( applioable safaTy a~id fire r.gulations are meP. 10, 7'rovided tht~. no parC of any building is located nearer than thirty (30) feet to any adjoioing streef or property Fine. i I. Allowed as acoisditioaal use, provided tl~at no part of eny builc;uig is IaeaYed nearer [han thiny (30) fe~c to any adjoining su~eet or property line and providcd 'rurther that the proposed location and charaeYeristics of the use will na~ adverseIy af'Pect the commercial devclopment of the zone. 12. Allowed ac a con~fitional use, provided that Hie foliowing cond'rtions are met a. The prono,sed location of fhe use aad tl~e size ¢nd churscteriseic uf the site w~ill3vaxunsze its benefit to .he pu4lic; b. Exirs and anfrances at~d off-sveet pazking for the uqe are located ~o~preuent e=zffic hazards on pu6lic street~s. I3. 4.tlowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequafe to assure that the use wlll not be a nnisance ta surrounding properties. The Commission shali spacify the wnditions necessary to fulfill this requiicme~it. 1 A. Ntowed as a oondicionul use, provided that no indicatiop af said use is ev:dem fmn~ t~hm exterior of the monuary. 15. Allowed; provided tha[ tltc fo[lowing conditions aze met: . ~ s. tln uncleared bu€fer strip p£ aY leas~t thirry {30) tieeY shx31 beprovided 6eCween aaid use aod any~ adjoinsug property io z resYdenYial zoile. ~ Attachmentl~ 128 13xils and cntrances and off-street parking ft~r the use shatl6e tocate:l to prevent E~rt~c hazards on the peblic stteets. 16. See "Condieio~ul Uses" section. ~ [7. See "Conditlanal Gse Permi[ for Surface BxYraotion of Natural Resources" secCioo. 19. De(eted bv OrdSnance 2144-2006. 30. The airport related usas aitowed under chi5 entry are aircraft approaclt zones per KMC 14,20.676(a), excepl that fnr properties contnined inside the ai=port peximefer fenee or having access to aireraft movement ueas, ramps, taxiways or parking aprons; FAA au6horized uses are allowad. 21. DevelopmenCS for use shult be the same as those listed in the "Development RequiremenLC Ta61e' for the RU/TSH zones. 22. Allowed as a conditional use in conjunetion w'rt6 a permitfed use in tfie ED zone. For asample, hoesiag for teachers or smden¢s Lor a sel~out in the zone. 23. Atlowed as au accessory use in em~juncYion with a permitted usn in Che E77 zone. Fox example, a dormitory used to house s[udents for a school or educational facility. 24. Rctnil businesses altowed as a secondary use in coujunction widi 8ie primary usc (e.g, a~ifi shop m~ coffee shop within nnother business). 25. Art studios, 6m~bers, 6eauticizns, dressmakers, dp~ oleaners xnd sett-service laundries; fimess centers, photographic sNdios, tailors, tumuig salons aad massage tlierapists. 2b. Food services aze allowed on a temporery or seasonal basis of not more fl~an f'our (4'~ months per yea~~. Attachniant D 129 14,24.010 Attachment E CEiapter 14.24 DEVET~OPMENT REQUIREMENTS T'ABLES* Sections: I4.24,010 - Minimum lat area requirernents. 14.24:.420 , General requirements. . E4.24.030 Addendum fo deve[opment reqairements tab3es. -' Editor's Notc: Ttie devofopment requiroments inbtes werc ~ .. . . . moved to lheirown chapler by request of ihe Ci[g. . . . ' . ~ I4.24A10 Minim€tm lat area reqairements. , ,. . Tpble 14.24.610 ~ ~ , . . . p~VE;LQI~iNGR'T.REQUfRGRRENZSTABLE.- . ~ ., . ZOMiNGUIS'CRiC1'S ~ ~ USCS ~ ~~C/RR R2] RS I RSl R52 RU/TSN Ft,lIHlCGCC/CMU R PD LC MtNtMUM LO'T , AREA (square feet} ~ ~ sio~ierr~~orrnr~~ zo,ooo 20,000 ~.zoo 12,560 ~.zao 7,zoo zc~,oon zo,ann iz,soo ~nmSiqAivctling - . , ~our Fxmily 20,000 22,400 9,600 N N 7,200 N . N ~ ~~ 12,500 DSVeiling., - Scc IndWl~ud1 I RiveFamtiy 22,400 N V2,000 N N 7,200 secttuhxot N ~N ~ ~2,500 ''~. Dweliing ~~ ~ Code fur ~ '~. Six ~enflly Dwclling 24,800 N 14,90D N N 1,200 requiremenfs. N N t$500 ~. Suvenor~M6re ~ 27,200+ N 16,806+ N~ N- . 7,200 .~ N N 92,500 ''~, Eamity DweUing 2,A66 For ~ 2,400 for ~ ~ '~,. encB unil exeh unil ~ , . '~ over7 over? ~ ~ 4:ey: N= Noi el iowed. ~ Nootno[es; , (Ij Listed sqnare fooEagcs arc the mi~~iiuwn requircet for each zone. ~(2} Gmale~ lot squnre footnges mny be reqaired io setisfy Alnska Deparlmcnt oP 8nviromnentnl C~nservation (ADGC) requiraiients where on site water vipply fl~ul/or sewer is nece.sseiy. I ~(3) Minimmn lot size for aort-residrntiei uses in GD zone is 40;000 square fect. 1{4) Minimum Im size for residentiat uses in the CMU zone is 7,2U6 squaro feee. I (Amended during 7-7-99 supplement; Ords. 18K2-2000, 2081-2005, 2185-2006} (Kemi Supp. No. %9, 12-06} ~ 2.96 130 I ~ 14.24.020 ~ 14.24.020 Gcneral reqnirements. ; TAhi~ ia.za.ozo pEVF.I,ONMEtVT Rf:QUIREMENT5'I'ABLC ZONING DISTRICTS USLS C/RR RRI RS RSl RS2 RU/T5Ii ILfIH/CC/CGlCMU R ER LC ~ MINIMUM LOT 90 90 60 60 6~ 60 ~ 90 90 90 Wtll7'H (fectJ M7N[MUM LOT SIZE (feef) Frm~l~ 25 25 25 25 25 10 _ 25 PS 25 Side' One-Story 13 5 5 5 ~ S 5 Seeindiv;dux! ~j IS IS DayGgtrtBasement! IS 10 10 10 10 5 suetionsofCodef'or ~5 IS t5 5pll[ Leve!' requirementb T~vn•Story' IS IS IS t5 IS S° IS 15 15 Renr 20 ~ 20 20 20 20 10' 10 20 20 Mnxinmm Lof 30% 30% 30% 36% 30%u 40% . 3~% 30% 30% Cover~ge NFaximu:~r Heigh! 3S 35 35 35 .35 35 (Teofij rom„o«s: (f ) Frovided that the minimum &on[ setbnck is measureA froin any right-nf-wny or oecess easement. (2) $idc setbncks xre detennined indepcndently Frau the fcortt view af the sn•uctmt. Plot pfan/As-bulil will distingaish si~glo and two- slory porlions af 6uilding io ve~ify setbnck distances are met. (3) Story is that portion ofa building included between tiie upper surToce of any floor xud the appe; simfece of the floor next nbuve or the ceiling ar rooFebovc, ~ 4~ie-atory is defined ns a sia.y hnving direci acceas frmn grede level wilhout e lower story. A stnmmre beving e lower story situnlcd below x one-stary is wnsidereA n mie-story stnmturc in i(s enlirety. Two-story is defiaed a, ane-story plus mom than one-hel€pYl) Ilie hcight of fhc iower sm.ry all situaicd ebove grade. paylight basementJsplil tevof is defined as one-slory pfos less Iha~ ane•hatf (1/2) die height of ihc lower story nU sitnufed above gredc. For purpases of Nteee footnotes, G~nde is defined es Ihe lowest point df eicvation of U~e finished snrFxce of ihe ground 6etwecu the buitding and n fine frve (5) fect from ~he 6uiiding. (A) fiXCapt Ihei Por cmch slory over two (2) slories, exch side and renr ysYd shnil be incroased three (3) fi:eL bu[ need not excced founenn (14) feei for cach~side yard and ninereen (19} feet tor the rear yatd. (Amended dm~ing 7-7-99 suppiement; Qrcis. 1862-2000; Ord. 1898-2001; 1956-20D2; 1962-2002, 2081- 2005,2185-2006) 29Ga (Kcnal Snpp. Na 89, I Y-06) 131 Townsite Hist~ric District (TSH) Zoning Disfirict i I i ~ w a W~n;s+E D~~ 5 Attachment F 132 Attachment G PLANNING & ZOPRNG COMMCSSIQN Meets Second and Fourth Wednesday - 7:Ob p.m. Kenai City Council Chambers Commission Membee Name and Address Horne Phoae Business Phone Emall Addxess Term Ends Jusdn Broyles, J.D. Pianning & Zoning Commission P.O. Box 987 Kenai, AK 99611 394-5262 2fi2-5081, ext. 6 ~ justinwbro}~le.~gmail.com 2009 **RoyA. Wells 2$3-1029 283-564b rawellsiuwradvisors.c~m 2010 Planning & Zvning Commission 410 Lawton Drive f{enai, AK 9967.1 PhilBryson ~ 283-4428 2$3-4672 b~sonuwcbalaska.com 2010 Ptanning & Zoning Commission P.O. Box 1p41 Kenai, AK 99611 ~ ScoYt Romaii2 283-6174 262-8866, x35 (pj scof ~d:redoubtre~lrv.eom 2008 Planning & Zoniz~g Commission 425 Rogers Road . Kenai, AI{ 99611 262-$853 (fl ~ ~ Rii:z F. Smagge Pianning & Zoning Commission P.6. Box 3675 Kenai, AK 99611 253-4602 2008 *JeffTwait Planning & Zoning Commission 1808 Julie Anna Drive Kenai. AK 99611 28,3-3919 262-2493 . itwait~iD c~ i,neY 2009 ~ Tony Lewis Planning & Zoning Commission 613 Ceder Driva Kenai, AK 99611 283-3$70 ~ tonvlew; ~u~ci..neL 2009 Council Member Rick Ross 1505 Kittiwake CourY Kenai, AK 99611 283-8487 rossrck~u?,hotmail.cam Council Member Bob Molloy 283-7102 283-7373 (wk) bo~DmoIlovforcouncil.com 110 S. Willaw SY., S[e 101. Ker,ai, AK 99621 "Cliair **Vice Chair (8~1Gf2007) 133 _ ~ ~ ~ ~ U IN Q ~ ~ ~ C ~ L ~ ~ ~ L Q. V 'i ~ N ~ N ~ Q ~ R ~ L ~ 0 Q9 C .; ~ 6/1 U N ~ O q ~ ~~ u y ~ r N ~ ~ 0 ~ L ~ ~- c~ c U ar ~ v~ o~ ° ~ ~ iu o,,, o ~ c y~ o~n. 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Q ~ Q c ~ ~ ~ N C C R Z m v a O C O ~ 0 a °u c v O ~ O a ~ u ~ m s ~n ~ c ~ E ~ 0 ~ U C ~ r c N a ~ G ~ G ~ E ~ ~ ~ L ~ ro ~ ~ m 3 c 'C ~ ~ ~ ~6 u, ~ 0 0•~ '~ n~ m v c c m ,a; a $ ~-' u1 ~ m ~ 0 7 tn N~ ~ ~ N~ UY .G v ~ i T p v O Vj "O +_ w ~ N N a OJ C ~ p i~~ a ~ ~ ~ ~ ~ ~ ~ U,.~i a ~0 G ~ H-O p ~ ~ ~ c Q~rn o cu v~ o~ N m`a o ~ ,~ .s p, c L th U p+-~ ~~:- G R dl . ~ w ,u, O U O '~ ~ -C o ~ ~ i ~ C ~ _ ~ ~ a N d ~ t] ~ C ~ v ~E`L'm°o a`uyc n- O O C +S C C N ~ ~ ~ O O O~~ v U1 y, N av;,~,,,m~ }~=~~ 7 i ~ C ~n U~ ~ m m ~ ~~ m ra ~7 t~i~ ~ ~r ~~ ~~'N' ~~ v ar a L ~ ~o ~`° v ~~ aay o ~~ N o E o~~o+'aNi ~a~a~t`°m a~$~,~> oa~Ea~ `vc=>~~ vo ^=Oo pJ L(~/i v fi0 C U U C C'w' p_ c~ m o, o 'L 'c o `° U a} ~ C p~p O O~~ v p a v~ v~ C ~ C'O y;~ C ~ 2 ~ L C O y=~~~ V~ V~ ~Vl ~ O ~ ~ ~ ~ ~ ~ 'c'm rna c `Q " `- a~ o ~ ~ c c a vE~ rcu~ a~a~ ~m ~ ~ C ~ ~ ~ i SO Ul _~~~._N m.~o'~~ w ~ o ~ ~ ~ m ~ ~ S i9 +~' a~ x' '., ~6 v o ~ e7 -o ~+-~. o~~a~'iE~ r~.c~~a ,~m~,>Lm ~.'mEE V1 L N N.V _ y. CL~ 3"'~ O j o~ ~a v °*~- a vd ~ V G V1 +J C~ a ~ v c a~ v y y ~ v"'- ' y~ ~ m L a~ C'6 Oi X N N'6 V O i .~ V ~ ~ ~ ~ m ~ Q ~ ~ -o E c N~° ~t"n ` ~ a ~-y o ~ _ o a`~i ~ ~ '- `a O~"' ~ ~ 9 ~ ~' cn p a`0~.;~w+~ wov~nm N ~ va m -C ~ .c ~ ~~~ Q a~ ~ Y~ O O ~. G ~ ,C = O N U' U'C i SS V C~ .C ~ O. ~ O +~ O ~~ ~~ Q O_ ~ w C qNj ~ v~i ..~ a~ n. v~ o m ~ m 135 CITY C)F !{ENAI - DOGMC R TE SC DUI~E ick R. Koch, City Manager September 21, 2007 KENAI HAf2BOR RATE SCHEDULL The Cify Manager shali es4ablish the fees, rafes, and charges for the biliing and collecfions for tha support of the harbor. The City Manager reserves the right to change the rate schedule at any fime. There is a 5% sales tax added to the total invoice (3% City and 2% Boraugh}. RATE SCHEDi1LE , Purchases Purchases Purchases Under 500 500 al. 2000 al. Gallons or more or more 2. Fuei Gasofine Re uiar 2J77 2727 State Marine Tax .050 .050 Federal Tax .184 ~ 184 i ' Total $t al. 3.01 2.96 I E i , Diesel #2 2.991 2.941 2.788 , State Marine Tax .Q50 050 .050 Fotal $/ ai. 3.04 2.99 2.84 I 3. Used Oil Dum in $1.00/ al, 4. Boat Launch Ram o-10 min. _$15.00 lncludes Parkin with TraiEer Each min. over 10 min . _$1.00/min. Seasonai as s er boat = $150lseason 5. Parking Only lf with trailer, must a launch fee $10.OOIda Seasonal Pass for Parkin $1q0.00/Seasan 6. Tie U Fee A. 5kiffs tied fa land side of concrete dack $7.00lda Seasonal Pass er boat $150/season B. Boafs tied to buo in ri ver $1d.00/da Seasona! Pass er boat $150lseason ; 7. Forkiiftw(O erator 1/2-hr. minimum $50.Q0/hr. j 8. City Labar Gharges for call out (2-hr. min. $40.00/hr. I 9. Other Items ; See Dock Manager Prior to Use Finance 136 STATE OF ALf~SKtL IIfiPARTMEN7 O~ ~ ~~~~~~~E .SnrnH Paliir, Goa~ernar C O M M LF IV I T]' A N D FrmlNottr, C.'on>mir.rioner ECONQMIC IIEVELOPMENT' Tara Tollie, Dire~tor Divieion of Community & Regional Affairs September 17, 2007 Dear Alaskan, As the new Director of the Division of Cammuni#y Advocacy (DCA}, I am excited to be part of the Department of Commerce, Community and Economic DevelopmenFs leadership feam and I want to share with you the recent positive changes at the Division of Community Advocacy brought about by the Palin administration. Mr. Emii Notti was appainted by Governor Paiin and senres as Commissioner of the Department of Commerce, Communify, and Economic Developmenf. Commissioner IVotti is an engineer, prominent Aiaska Native leader, and Afaska public servant. Commissioner Notti's extensive background includes first president of the Alaska Federation af Natives; past president of Doyon Limited; Veteran of the United States Navy; and Commissioner of the farmar Department of Community and Regiona/ Affairs. Mr. Mike Black, former DCA Direcfor, was named DCCED Deputy Commissioner on July 31, 2007. As Director, Mike's division led the way on such issues as affordable fuel for rural communities, municipal revenue sharing, planning and caordinafion af assistance for flood and erosion threatened communities, rural fand awnership issues in small communities and more. Deputy Commissioner Black's work took him fo mare than 70 remote Alaskan villages and small cities throughout the State. Mike's experience in these areas is invatuabie in his new posifion as Deputy Commissioner. Deputy Commissioner Blaok ssrved as the Director for DCR for the pasf four years and previously for over 20 years in senior staff positians for this deparfiment and the fiormer Departmenf oi Community and Regionat Atfairs, ~ 55D W. 7th:lvenue, Suire 1770, hnchorage, r~laskz 99501-3510 ..... 2`elephone: O071 269-4501 Fax: (907) 269-4539 "Pcxc Telephoila: (90~ 465-5437 ~ Fmzil: yuestioas(acommexcc.state.ak.us V7eUsite: hcrp:/%www.commerce.s,ate:ak.vs/dca/ 137 September 17, 2007 Page 2 I was named Director of the Division of Community Advocacy an July 31, 2007. i served as e manager for the State in the field ofi workforce development for eighteen years before my retirement in 2006. I am most proud of receiving a Legistefive Citation in 2002 from the Alaska State legislature honoring me for outstanding service and commitment to the people of Westem Alaska. I began my Iong career in pubtic service with the former Departmenf of Communrfy and Regional AfFairs. On September 15, 2007, the Department changed the name of the Division of Community Advocacy to the Division of Cammunity and Regronat Affairs. "The new name is reflective of the Department nf Commerce, Community, and Economic DevelopmenYs commitment to rurai affairs, the Division's mission to serve lacal govarnments, and the Governor's desire for services that will help Alaska's rural lifestyle thrive. The initials DGRA are fondly remembered by many municipai and rurai a~ciais, residents, and staff who recail an agency thet provided specialized services for smali, local, and especieily remote governments" said Deputy Commissioner Mike Black. "We wifi build upon fhe past values of DCRA and incorporate the changas necessary to move effectively into the fufure." The Division of Community and Regional Affairs provides assistance to a wide variety of local and regional organizations. Its primary constituent group is cities and tribes. The Division also provides substanfial services ta regional entities such as boroughs, coastal management dis#ricts, and regional heaith, triba(, and ecanomic corporations. I am so praud to be here with the good peop(e of DCRA and DCCED and I very much look fonuarcf to serving you. Best Regards, _._J R-+...v~.`~,~~2. Tara Jo{lie, Director Division of Community and Regional Affairs 138 2~~7 Alaska Pe~li-~ab V~r~dor R~gis~rati~c~ A registra6on is required for ea;h vendor locaTOo. A oermlttee may no[ coni~ract whh mare thari five vendors ai~ one Yime. Appiyooiine atwwivtaxsfate.ak.u.;/ganing. ~ Pe~mittee infarrnation 854 ___. __ krLr<~.Fdld Camin rmiiB '~Y~w.~~a9' ^~4P .. Z' 31°i I ~-~i~5~t~ ~ ~ ~ I ~~ Pemineename ~sL~t~'~ ~'~~~~~"s-.... ~ Pmnemv:i6er - Mrrubufnch;uqe ~M1ie~tmwinther~ephunerumbe! z~,~_,~ ~N4k`~- A~~1~&7N~PS ~ 1~'1 ^ ~ I ~g ~°7 ! t9""I ~en~or Infarmatian FetlernfE~VorsoaalsecuAtynum0v'. 2~-3~"Z2ls~{ ' I ~Bevera~gedisUensaryll~ense& (_~tc b~-Ns~SS~ Pa~ka9eworeGceesr ~ ~'~~- (6wnernamej...fh1~$~`'( rJt.-S~,I\/ ~ Gusine~N~nse~~` ;B~sine„sname ~~ l11t"(1kLC I.LC,, Phonenoml~er ~ Faxnumoe~ i ~~~ ~ Zg3'frZ~"1 ZS%-C~tb~ MuGfng address ~ ~ ~nc~ ~ct%~~*t 58d~. ~kw~V. ~ ~ Pi:ysical ~tlUress afventlodoador ,Srk~u~' ~irr ~~t l/k~ s ~ zvT~~f ~nyotv~~~~kl ra~~~l 11 ' sA ~ /k cll n K I ~~~~~ iy~~~g~~~~ "KpourGuvnesshosnaibeenissuedn(ednmlflN,yUUtuareq+AmGlpyrnvrlegoi~rs~on75etunYqnurnber, \~ t Theu quesfiuns mus Be answPlerl hy tiie vni~lor.L`Sl;n ven;loran;wersYrs ro any qeestioq plezsem6mltthe persods name, tlafe u!birrt~, salal secur~y number anA posltlun ot'r+speosibility, oYes [~No hiasanymemberofmanagementoranypersonwhoL~espoasibieforgaminga~tioitieseverbeerconuict~etlofat`elony,ext'orYlon,oraviol~tfono4alawo! ordinance of ~1~i~ state ~~ anor, er Jurisdi~tion th~t ls a aime invclvh:~ theh cr dishonesYy or a viot~hon of gainbling I~ws? oYes t~No Duyouenployorhaveamnt~ractwithYhepdmaryoralcernamineml~erincharge,officer,beardmemherorm~nanernfgamingfortheaboveorganizatiorz? ^Yes 1~Nn Do yau have a ccntrart etherthar a vendor rontraawiti~ the organ¢auon listed anove? Vendor Contract ta Sef! Pull-tabs Pursuant t~ AS U5.15.3L~8, tl~e vendor tlsted above 5emby agrees to se(I ~Ihtabs as ~ vendor on behalfof the ~~ermiti~ee listeti above. ihe vendcr ftirtheragree ttaL as compensatio,n fbr expenses incu,~d in seiling ~ull-tabs on behalf ofihe permittee~__~~ _°lo ofthe Itlea! ne[ of each game may 6e tetzined 6y the vendar as rompensa~~ion. Permittee mur receive at Ieasi709~ of the ide,al neYfmm each game. AS 05.188th). 1 he vendo~ iurtfier agrees thai an amaunt equal Co the Ideal net, Iess t~he mmper,sa6on owed ro the vendor, shali be paiG by ~I~ed~ by Che vendcr to the ~ermittee ~pon deliue~y of a puli-tab ser,es. AS 05.iS,?f?B(i). Vt is further agreeu that ihe vendor wili ensure puil-tab wii~ne~s of S50 or more will complere prize receipt~ fnrms; f1~at prize winner summary form wili be rompleted for each pull-tab game and retaioed with t~ose winning puil-Yabs?S 65.15.187(i); arid the<e records c! pull-tab winne~~s v~ill ~e yiver, to the permittee to retain forthe requlred two or threeyean. AS OS,15.187(~. ~ It is furtheragreed that~ itls khevendor's ~esponslbiliYy Co enwre gaming ~~tiaicg at this vendor loadon is conducted In a~rordancewith all appli~a6le st~atesatutes an~l regufatioiis. It is furehe~ agmed that, li th2 vendor is no lor~ger eGgible Co se!I pull-!abs, khen zII unup=.ned antl upened pull-tab ga~nes shall be ret~umetl to the permttee within 10 days. If ~re permittee:eses ~e. privilege to <ondu¢ qaming eNv[[les, ti~en ail unnpened and opened puil-tab names must 6e irea[ed !r ac~o~iance wfCi;15' AAC i6{s.490. bN~de~Lt~e,~mdupenalryofiuiswanr/ufs/('xaliug{imtvmhuvee,mniinedtflfsi'cnn,in~ka0;u~;ururYunniE;nndihof,inldedesfu/aurkrurorte4qeorulh.elrr/,7lislrv~audtanplere N/eu~iderslarih~holrvry(elr.sml=- ~a[e q. zo. o"~ 4~ 2v -a7 ~pamnrnt nm only: valitla[mri p Regis~ra~iorr Fee is $5~ Pay on!ine eviih TOPS at www taxstute.olcus or ma4 check payabte to kate of Alasica, This reqisYration form musY be attached ta a permit appficatiott form and , wilinatbeprowzseduncitthefee'rsreceived. &~~ ', Retainaeapyforyaarrecords oi~~artinert _. __ ; irorm 04p5-3S4.1 wnb Aw ;010fi ia.~G7• ~a9e i 139 Sept 24a 2~07 Kenai Airpart Councli Commissianers: C7n 5eptember 15, 2007 the Alaska Airmen`s Association sponsored the Boy Scouts "Aviation Merit Badge Day. tNe want to thank you for letting them tQUr the Rirport with Mary Bondurant and Earl Nicks. The weather was absolutely wonder~u! for this kind of tour. We want to extend big thanks for the Civil A3r Patroi and Fienry Knackstet for letking us use their hangar as our home base for the scout day. They were wonderfui role models for the Boy Scouts. The Boy 5couts were kept busy at the Flight Service Station and the Kenai Flyint~ Network; this afiso aided them in the many ways needed. Also, the Kenai Niaintenance Tour was a highlight af the day. This was our first time to sponsor the Merit Badge Program on the Kenai Peninsuia. The Airmen`s have sponsoeed this event twice in the Fairbenks Area, and a few times in Anchorage. `fk~ank yau so much for your interest in this program, it remains one of the most rewarding programs we sponsor here at the Adaska Airmen`s. Sincerefy, The Alaska Airmen`s Association ~''~~}~ ; t ~~~--'' ~' SERVING GENERALAVIATION IN ALASKA SWCE 1951 er~ 4200 Float P1ane Drive Anchorage, Afaska 99542 Te1:907•245-1251 Fa~c: 907-245-1255 ~\ ~ ~ innnnxr ni nevnnronnca~nnna ~~ 140 ~ "'-~~ " ~ NOTICE OF UTILITY CONTRACT AMENDMENT FiLING ~~ , ; ~~~e ~~, ~' f'~ '~ ~' ~~m~~ The REGULATORY COMMfSSION OF ALASKA gives notice that HOMER ~~ ~~`"~ ~`~``° f ,~~,f `~ ~~~` F_L~~TR3G AS50C1ATlON, ING. (NEA}, an electric utifity, has flied TA271-32, an ,.. s am'endment to an agreement for electric services batween HEA and BP Explorafion *~ '{Alaska) f nc. (BP). The Agreement aifows HE4 to provide the efectric power requirements of 8P at its Gas-to-Liquids Test ~acility located on the North Kenai Spur Highway. in the proposed amendment, HEA and BP seek to further extend the term af their Agreement unfil October 31, 2007. The Commission may apprave a rate or alassification which varies from that propased. You may obtain more informafton about this fif'sng from HEA at 3977 Lake Street, Homer, Alaska 996f}3-7680. You may i~spect the fi€ing at the Comcnission's offices at 701 West:~ighth Ave., Suite 300, Anchoraga, Alaska 99501. To comment on this fiiing, piease fiie yaur comments by October 26, 2007, at either the Cammission address given above or rca_mail@rca.stete.ak.us and inciude a statemen# that you have ftled a capy of the comments with HEA af its address given above orjpafcas~homerefactric.com. The option to comment by amaii is availabie to afl consumers. lndividuals ar groups of peopfe with ciisabififies who require special accommadafions, auxiliary aids or service, ar atternative communication f~rmats, piease cantact Joyce McGowan at 276-6222, fol!-free at 1-800-396-2782, orTDD (907) 276-4533 by October 19, 2607. DATED at A~chorage, Akaska, this 28th day of September, 20G7. REGULATORY COMMlSSION QF AIASKA Mary J. Vittone Chief, Tariff Sectian 141 ~~ Se. T4u rep, Leiii 7411k iute 2~; wiv ~ ~r Pri~ in& auppiemenc co me oesc mteresi ~znaxng mc~st recent finding for that sale acea was written, ~z decision of np new information February 2D07 Agencies azid the publi~ are grven a camment pertod Co pcbvide nea~ informaaoii. Baset~ ou proposed Sale Date Tw3ay 2~; ZOOR :infnr~narion"xeceive8, ~DNK wi11 determine whethe[ tliere is "substantul new infnrmati~n" that jusdfies a supplemenf to the fmding. A supplement ta rhe fsnding.or a"d:cisioa~ of no substantial new information" will qe issued approximately 90 da3~s prior to the sale. finy ~iersan ehat has commented rlur~ng the prescribed comment period will have reconsideratian and appeal ri;hts, as described in AS 38;05.035. I~fi6gatSan measures deveyoped in the fizst ~aak fn7et Area~+ide Sest Interest Finding will ba carri,ed on leases soid during the id-year life of the findit~gs.nnless, as a result of new infonnation, AI71VR deems it;necessary to chunge or add measures .fhcmugh s supglement'to the finding. A naw coastal mauagement consistency° teview ts done whenever the commissapner determines thai new information or canditiQns suggest the pro~osed 1eQSe sale may no longer be eansistent~ with AC1V1P staadards. 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TAN ~.~. ~ \ rC %~ ~` I m9'~ IA~ ' am ~ 1 s ~ ' ~~_ . ~ a a m ~, _~r~ d K, ~eM~ ~ ~~a ~ '~ i ng~ 9 ~ 90 3U ~~ hM R oybit ~ ~ 5 3 i= ~ ~ ,~ I ~ ~~ ~, , - ~ ~, 1' ~ ~ ~ d bx~ r "~ ~.~-5~-~-i, ...yy_~e .~;~.,6-'00" . darv.i ~ ~ i:2.,,. ,~. ~r~ i %u8 ~t 7 7 ~ . oaa~na ~ ~~~~ L k . { ~~tl ~,t~.~,`1 b~s ~~ Tan ~ ~Y ~ _ ~."'~ ~ ~..~ ~ r 1~ ~ : 5 ~ . ~ ~ , p ,. . ~ ~ I T ~ j p ~ ~ ~ ~ ~p~ L ~~5 1 ' ~ ~ ~ ~ ~ ~ - ,_ ,~ ~Yt xddr ~ Tn 1{~p~P~ 1 J~' ~ P tS ~ ~ I ~ ~ .~ '~ ~ ~ ,~. ~. " 511M" [ I 1 _-1' u~ ~-~+~!_ m y. . ~'+- r"`~~~ ~ ~~ ~. j~ }~~ i/~.4 TRN ~..i 'e~ ~ i ple ~` „^` eV . _ . . " ' `. . nrv ~ ~ ~` .~..,,we,r , wie~~d l 'j ~ , ~ ~'C _ a _ ~ ~ 1 'n~sw ~ ~r t ~ t ~ 3 k ~'~~` ~ ~ ~ . ~~' T~w~ . ~ ~~ ~~ , ta~s _ ~ r 7 ~ -, ie - ~M ~ ' ~ , a s. ~1.- ° ~ ~ _sau i - t ~ ~ ~: . x . o~ `-~- . `.~.._ J ~ f ~„ y .. rfs yP" . ~ 4 iA ~ (~~ ~ ~ I Ts . ~ ~ ~ M1.~ ~ ~ I /~ ~ ~ ~~ f~ • ~ •-' ' ~ T~ ~ ~ ~~i-~ ^ f I .~ I 80~0~~ ~ ~ 4~ 0~ T28 5/ I ~ . Ii29 ~ l~ <C~~~.j I~4+ I'~ ~ ~ ~~ ~ ~ i2Sf ~ ~'~ ~ ~ t ~~~.t ~ ~ I- ~ ~ ~~ ~ ~S'p TYS _J__ ~? `"" ~ Y L/ I ~ . ' ^ I M T ~ __I ~ T65I~~ I I~inn~im i '" ~ T<6 y ,~,4 y T L__ 20W ,.~~q~ I'_~ 4 t i65 ~ '~ ~~`> h•r ~ C ' ~ ~ 1~ ( i S tl' ' Sn kbf Jy;,_~ 1 S' ~ , I_ . ' 9 , ~ f--'~(-~p'~~A~C ~ ~.,: ~ ~ ~~ V), ~ . 446 i4B. t }- ~ / - ~ ' ~ . ft9V~l I ~ ~ E J T Aflt af I i~ I^~ ~~ h~ ` I~B -~v$ ~ W ~~. . U ` ~ m ~ r ' .~ l~, ~ 0.1E i6:' . ~~ ~ ~ ~~ ~ t ~ I : ~_~ Tfi3 ~ , ~ i,` _I- ~ --~-J~ t i~~ I ~~° a I i~H_mer ~ ~~~ Vi w __49 . --°~~~ ~ -~ _ . w . T63I ft9~ {, ~'i!~~ ~ ~~ nz : 4y,T ~~~5 t ~•~ I~~ ~ W ~ I c.a r.}~ .~. ' 59'3tl' ~ 893~ .'R25W ~ ~ ` ~ ~ /h ] (). Q T68 ~M ~4a ~ ~ i ~ - , ~~ Q~ i /U~ 4 ifl W T99~~ 5 9eltl6v I 2WI~ ~ ~~'. ~ f iE3"90' 1'63'00' ~ ' 9~62'0P ~ 15'P00' ~ 150"00' tR8"30` - STATE OF /kLASKA DEPARTtvIElVT OF NRTUF2RL ~E50URCES DIVISION O~ Q:It ANI? GAS ~~~ ~P 9 COfl~ ~~~~~~9~,~iQ~'~~~~ aroposeaSa~enrea ~ ~ ~~ ~ ' 2C ~ 0 _-~__--~' ECALE L1,425,G00'ONC'INCHEUUAL522.3MILESAPPRD%. ~ RO . 4~ 60 BOA11CE9 - -.: ~ ~~ 143 , 144 AGENDA ENAI CITY COUNCBL - REGULAR MEETING / OCTOBER 3, 2007 ~ ?r' 7:00 P.M. KENA1 CITY COUNCi~ CHAMBERS x~xai.aasiw hStp:/lwww.a.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) '~. 1. Brenda Ahlberg, Boys 8 Girls Club of the Kenai Peninsula -- Club Update 2. Kellie Kelso -- Cutting of Trees Between Aspen Hotel and Walker Lane. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1 Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1) and (2) '~~.. by Establishing Different Requirements for Determining the Length oF a' Lease Ea~ension and Extending the Maximum Term of Lease including ~ Any EMension from 35 to 55 Years. (Approved for reconsideration 6/6/07; postponed to 7/18/07; postponed to 8/15/07; postponed to 10/3/07. The motion to adopt is active.) a. Ordinance No. 2230-2007 (Substitute A) -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years. b. Ordinance No. 2230-2007 (Substitute B) -- Amending KMC 21.10.090(d)(1) and (2) By Establishing Different Requirements for Determining the Length of a Lease Extension and EMending the Maximum Term of Lease Including Any 6ctension From 35 to 55 Years. 2. Ordinance No. 2253-2007 -- Increasing Estimated Revenues and Appropriations by 51,000 in the Generai Fund for a Library Grant. 3. Ordinance No. 2254-2007 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Library Grant. 4. Resolution No. 2007-58-- Transferring ~40,000 in the Runway Safety Area Improvements Capital Project Fund for Engineering. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding 515,000 3. "Ordinance No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by ~36,909.53 in the General Fund to Propedy Account for In Kind Services Provided to the Soccer Park Capitai Project Fund. 4. *Ordinance No. 2256-2007 - Increasing Estimated Revenues and Appropriations by $15Q000 in the Pubiic Safety Garage Capital Project Fund for a State Grant. 5. `Ordenance No. 2257-2007 -- Increasing Estimated Revenues and Appropriations by 5888,562.42 in the Municipal Roadway Paving Capital Project Pund for a State Grant. 6. *Ordinance No. 2258-2007 -- Increasing Estimated Revenues and Appropriations by $592,541.34 in the Wildwood Drive Capifal Project Fund for a State Grant. 7. `Ordinance No. 2259-2007 -- Increasing Estimated Revenues and Appropriations by $1,150,13922 in the Marathon Drive Capital Project Fund for a State Grant. 8. *Ordinance No. 2260-2007 -- Amending KMC 1220.030 by Better Describing and Defning What Constitutes Prohibited Storage of "Junk," "Garbage" and "Litter" Under the City Code. 9. *Ordinance No. 2261-2007 -- Increasing Estimated Revenues and . Appropriations by $12,658 in the General Fund to Pay for Training ~', Ammunition, Small Tools and Improvements to Police Department ~'~~~. Report Writing Stations. '~~~, 10. *Ordinance No. 2262-2007 -Amending KMC 14.15.060(b) to Change ~'~, the Height of House Numbers From Three Inches (3") in Height to Four "'~~ Inches (4") to Provide Consistency With the International Fire Code. ~I 11. *Ordinance No. 2263-2007 -- Increasing Estimated Revenues and I Appropriations by "~20,000 in the Airport Fund for Deferred Maintenance Items at the PRISM Facility. I 12. Approval -- Update/Kenai City Council Policy for Commission, Committee, Board and council on Aging Meetings and Work Sessions. 13. DiscussionlApproval -- Dedication of Utility Easement7Lot 1, Spur Subdivision No. 1. EXECUTIVE SESSION -- None Scheduled. ITEM N: 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 http7/www.ci.kenai.ak.us. Carol L. Freas, City Clerk D736/211