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HomeMy WebLinkAboutOrdinance No. 3314-2022KENAI CITY OF KENAI ORDINANCE NO. 3314-2022 Sponsored by: Administration AN ORDINANCE EXTENDING THE TIME PERIOD FOR COMPLETION OF THE ACTION ITEMS NECESSARY FOR THE CONDITIONAL DONATION OF AN APPROXIMATE 2 ACRE PARCEL TO BE SUBDIVIDED FROM A PORTION OF THE 6.8 ACRE MORE OR LESS PORTION OF THE EAST OF TRACT 4A, BARON PARK 2020 REPLAT (KPB PARCEL NO. 04501035) TO TRIUMVIRATE THEATRE FOR THE DEVELOPMENT OF A THEATRE FACILITY. WHEREAS, Council enacted Ordinance 3219-2021 at their meeting of August 6, 2021 conditionally donating an approximate 2 -acre parcel of land to the Triumvirate Theatre for the sole purpose of developing a theatre facility; and, WHEREAS, Ordinance 3219-2021 required that development of the property be completed by July 16, 2023; and, WHEREAS, while the Triumvirate Theatre has raised significant funds for construction of the theatre and has identified several other opportunities to significantly increase the amount of capital funds they have available, it will not be possible for them to complete construction by July 16, 2023; and, WHEREAS, Triumvirate Theatre has requested that the deadline for completion of their facility be extended two years to July 16, 2025; and, WHEREAS, administration is not aware of any other entities interested in developing this land; and, WHEREAS, at its meeting on September 14, 2022, the Planning and Zoning Commission reviewed the time extension request and recommended approval by the City Council; and, WHEREAS, giving the Triumvirate Theatre time to complete their capital campaign will give them the greatest possibility of building a facility that meets all of the needs of the theatre community and is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the Kenai City Council extends the time period granted in Ordinance 3219-2021 for completion of the action items necessary for the conditional donation of an approximate 2 -acre parcel to be subdivided from a portion of the 6.8 acre more or less portion of the east of Tract 4A, Baron Park 2020 Replat (KPB Parcel No. 04501035) to Triumvirate Theatre for the development of a theatre facility from July 16, 2023 to July 16, 2025. Section 2. That all other provisions of Ordinance 3219-2021 remain unchanged. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder ►—� of this title or application thereof to other persons or circumstances. The City Council hereby declares New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3314-2022 Page 2 of 2 that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF SEPTEMBER, 2022. (ATTES : Miche ne , MMC, City Clerk Approved by Finance: SB, Acting Brian Gabriel Sr., Mayor Introduced: September 7, 2022 Enacted: September 21, 2022 Effective: October 21, 2022 New Text Underlined; [DELETED TEXT BRACKETED] KENAI _.., _...enai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907 283 7535 1 www kenai.city MEMORANDUM TO: Mayor Gabriel and City Council Members FROM: Paul Ostrander, City Manager DATE: August 30, 2022 SUBJECT: Ordinance 3314-2022 — Extending the Time Period for Completion of Improvements for Triumvirate Theatre Ordinance 3219-2021 authorized the City Manager to execute, upon completion of a subdivision and necessary proof of financing for the development, the transfer of title an approximate 2 -acre parcel near Daubenspeck Family Park to Triumvirate Theatre, for less than fair market value ($1.00) and for the sole purpose of developing a theatre facility. It further required that Triumvirate Theatre must complete at its own expense all actions necessary for the subdivision and development of the properties by July 16, 2023; and to provide proof of financing sufficient for the projects as prior conditions of the transfer of title; and to pay all closing costs and fees for said property and said consideration to the City for the property. Triumvirate Theatre has had a very successful capital campaign to date, but has asked the City to extend the time that they have to complete their development to July 16, 2025 to allow them time to complete their fundraising. Joe Rizzo, the Executive Director of Triumvirate Theatre has kept the Administration and Council apprised of their progress over the past year and will be providing another update on their capital campaign and current plans for development to Council at the September 21 meeting where this ordinance is scheduled for a public hearing. "OX KENAI CITY OF KENAI NO. 3219-2021 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY DONATING CERTAIN CITY OWNED PROPERTY DESCRIBED AS ONE APPROXIMATE 2 ACRE PARCEL TO BE SUBDIVIDED FROM A PORTION OF THE 6.8 ACRE MORE OR LESS PORTION OF THE EAST OF TRACT 4A, BARON PARK 2020 REPLAT (KPB PARCEL NO. 045 01 035) TO TRIUMVIRATE THEATRE FOR THE DEVELOPMENT OF A THEATRE FACILITY. WHEREAS, Kenai Municipal Code 22.05.110, Determination as to need for public purpose, allows the Council, by Ordinance, to donate real property that is no longer needed by the City for a public purpose, to a non-profit corporation for consideration; agreed upon between the City and grantee without a public sale if the devotion is advantageous to the City; and, WHEREAS, Triumvirate Theatre is a 501(c)3 non-profit corporation with a mission to provide performing arts opportunities with an emphasis on theatre with and for children; and, WHEREAS, there is a need for a community theatre in the City of Kenai; and, WHEREAS, the City desires to support performing arts in the community; and, WHEREAS, donating the subject parcel to Triumvirate Theatre at less than fair market value is in the best interest of the City, and; WHEREAS, the Planning and Zoning Commission recommended approval of the conditional land donation at their meeting on June 23, 2021; and WHEREAS, conditions must be placed on the transfer or condition the transfer to ensure a theatre facility is developed or the property is returned to the City including in the event of a land sale, to a for profit entity, the value of the property shall be reimbursed to the City, if the sale occurs within twenty years after transfer to Triumvirate Theatre. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non -code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to execute, upon completion of a subdivision and necessary proof of financing for the development, the transfer of title for the property: one approximate 2 acre parcel to be subdivided from a portion of the 6.8 acre more or less portion of the east of Tract 4A, Baron Park 2020 Replat (KPB PARCEL No. 045 01035), to Triumvirate Theatre, on a form approved by the City Attorney, for less than fair market value ($1.00) and for the sole purpose of developing a theatre facility. Ordinance No. 3219-2021 Page 2 of 2 Section 3. That Triumvirate Theatre must complete at its own expense all actions necessary for the subdivision and development of the properties; and to provide proof of financing sufficient for the projects as prior conditions of the transfer of title; and to pay all closing costs and fees for said property and said consideration to the City for the property. Section 4. That the Kenai City Council further finds the disposal of the parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by disposing of the property interest for less than the fair market value, in accordance with the recitals above which are incorporated herein. Section 5. That the Kenai City Council further finds that if the action items described herein are not completed by July 16, 2023, the authorization to transfer the land lapses unless further authorized by the City Council. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 7. Effective Date: That pursuant to KMC 1,15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7t" day of July, 2021. 1: V,� C BRIAN GABRIEL SR., MAYOR ATTEST: :Yti1 A I Heinz, MMC, City .40 New Text Undedined; [DELETED TEXT Introduced: June 2, 2021 Enacted: July 7, 2021 Effective: August 6, 2021 '•l L KENAI City of Kenai 1 210 f-idalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www1enaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: May 24, 2021 SUBJECT: Ordinance No. 3219-2021 - Conditionally Donating a Portion of Tract 4, Baron Park Subdivision 2012 Addition for the Development of a Theatre Facility. The purpose of this correspondence is to respond to the City Manager request to bring an ordinance to consider conditionally donating the properties referenced in the above described ordinance to the Triumvirate Theatre. On May 20, 2021, Joseph Rizzo, on behalf of the Triumvirate Theatre, requested consideration of a donation of approximately 2 acres to the north of Daubensbeck Park to construct a theatre facility. The Triumvirate Theatre has been looking for a new home since a February 20, 2021 fire which resulted in a complete loss of their 5,000 square foot theatre facility. A donation of approximately 2 acres would require a subdivision of the approximately 6.8 acres of Tract 4, Baron Park Subdivision 2012 Addition. The parcel is zoned Light Industrial, which allows a theater with a conditional use permit, requiring submission of an application and approval by the Planning and Zoning Commission. Thank you for your consideration. Attachment A: Letter from Triumvirate Theatre proposing a land donation for construction of a theatre facility. Attachment B: Aerial Map illustrating the proposed parcel to be subdivided for a theatre facility. May 20, 2021 Joseph Riad ACIPA PO Box 322 Kenai, Alaska 99611 Dear Mr. Ostrander. Thank you for all your assistance and guidance in helping us put together this proposal that the City of Kenai donam a piece of property on which to build the new Triumvirate Thcatrc facility.']hc following information will he helpful for the City Council in determining if this proposal is viable. /iismry ofAla ka aih6sai712ssltn1e far she 147ftrmingArtr (Trimrrorrate 7beatsr) Our organization was formed as a 501(c)3 nonprofit in November 1998. For over 20 years, we have provided performing arcs opportunities for members of our community with a special emphasis on theatre with and for children. We serve people in the communities of Kenai, Soldoma, Sterling, Nikiski and Kasilof. In 2005, we began renting a 3,000 -square -foot space in the Peninsula Center Mall in Soldoma, where we operated a 100 -seat theatre and a bookstore for almost 10 years. In 2006, four members of the board formed an IA -C, North Road Properties, and bought a mechanic shop just a few miles north of the Kenai city limits with rhe intention of remodeling it to have a permanent home for the theatre's operations, rearing it to us for well below market value. Through many grans and thousands ofvoluntecr hours, the remodel was completed in 2013. The last two years of the remodel, the bugs of the interior work was completed by the Nikiski High shop class. White Christmas, the first of dozens of productions and events that would be held at the new Facility, opened that December. Plays, concerts, finte raisers for cancer victims, corporate events, Eagle Scout award ceremonies, wedding receptions and mov- ies are just some of the activities that have taken place in our facility over the last eight years. It was truly a community space for the whole central Kenai. The Fire In the early morning hours of Feb. 20, 2021, a fire broke our in the backstage area of the theatre and engulfed the building in flames. In spite of valiant efforts by the Nikiski and Kenai Fre Departments, it was a complete loss of die 5,000 -squats -foot Facility. Both the insurance forensic expert and the state fire matsha's office could not determine the rause of the blue. Currently, fundraising efforts are underway to rebuild the theatre Meanwhile, the Kenai peninsula Borough School Distrix 0 is providing our organization use of the Littlelheatre at Kenai High to continue our operations throughout due nett school year. Some highlights ofsermmpmvided by Triarmvh%%e 7heatw in the rnmmarriry and she starer • We have produced well over a hundred plays, musicals and events over the last 23 years. • Working with James Adwx, kids and adults in the community created a 240 -square -foot mural depicting the history of the Kenai Nnimula. • large stained glass artwork was created by children under the direction of Sandy Stevens, a stained glass artist in our community. • The Class Act Drama Troupe was established in 2005,'Mis troupe is made up of seventh- to 12th -grade youth. Half of fmhds raised from thew shows are distributed back to the kids in the form of scholarships when they graduate high school. Thousands of dollars have been awarded in scholarships over the years. To our knowledge, this is the only program of its kind in the U.S. triumvirate p.o. box 322 kenai, alaska 99611 907.394.7159 www.triumvitatetheatre.org hereliesdrama@hotmeiicom THEATRE s x Highlots tong • Working with the Alaska Humanities Forum, we have made two television programs teaching children about Alaska his- tory. BantnWs Castle won a Best Indic Film Award at the Kids First Film Festival, the largest such festival in the world. It was also translated into Russian for Russian Television. Davenport 1;Ugstop and the Case ofthe Golden Spike is a 45 -minute film crated in cooperation with die Alaska Railroad and has enjoyed extensive play on KTW-TV. • Hlght Suns of Comedy Gold was a 90 -minute history of the State of Alaska funded through a $30,000 grant from the Rasmuson Foundation, commemorating the 50th anniversary of statehood. • Mental Health Mondays is one of our current programs done in cooperation with KSRM Radio. Youth actors produce radio dramas about mental health issues facing teens. The dramas are followed by a round table discussion between the actors and Dr. Paul Turner, a Kenai psychologist. Dacnri tfom ofBen eikriea We know that the performing arts are critical to childrens development and we provide opportunities for them to discover how much the stage can reach them about themselves and the world around them. By getting kids on stage to perform, parents and familia that come to sce them perform are also important beneficiaries ofour programs. lastly, we are heavily involved in fundraisers for foal causes from kids who have cancer to people who lose theirhomes to house finis. We ofien provide entertain. ment for fundraising events and, before our facility burned down, provided a place for the community to hold such events. Cnnemr Statrasofrke Aoject (RebudAV effom), rinvdime, andfsnrdr raked m darn We are eurrendy in the fundraising and planning stages of rebuilding the therm. Our hope is to have the new theatre open by April or May 2023. Fandrrisimg&ffora Shordy after the fire occurred, the Rasmuson Foundation helped us setup a di%nerrelieffund with the Alaska Community Foundation, generously seeding that fund with $10,000. Through an outpouring of community support, we have raised over $100,000 in rash donations fiom over 500 individual donorsover the last 10 wccks. This includes a$ 10,0DOdonation from Marathon Oil. We have also received several significant in-kind donations including: $10,000 in free radio advertising from KSRM Radio Group, a grand piano from the Kenai peninsula College and excavating services for clean-up With the help of a $25,000 Ties I grant from the Rasmuson Foundation, we are working with John Conway, a Foraker consulratrr hired to help us plan our rebuild efforts. This grant is also paying for architectural services from K&A Design Studios, a local Kenai farm, to develop conceptual drawings and determine an estimated cost of the rebuilding of the facility. Fundraising efforts will continue over the summa with a goal of raising another $100,000 in rash donations. We have some great help from local businesses, including Kenai Catering, which is planning on holding a fundraising dinner for us. In addition to cash that the tharre has raised so far, our former landlord, North Road Properties, is committed to donating over $200,000 from the insurance settlement so the theatre can build its own facility. We estimate chat cost of rebuilding the theatre with the enormous rise in the cost of building materials will exceed $1,000,000. We are hoping to raise additional funds from foundations and tnrscs. Our goal is to submit aTrer 2 grant letter of inquiry to the Rasmuson Foundation by July 31. We will have no less than $400,000 in funds to bring to this project. A land donation from the City of Kenai for the new thaw will be critical to our request to pursue a Tier 2 grant. The Rasmuson Foundation generally funds capital projcm at 50% of the total cost. They have told me that the land donation would be considered matching funds. triumvirate p.o. box 312 kenai, alaska 99611 907.394.1159 www.Wumviratetheatre.org hereliesdrama@botmail.com THEATRE Me PAVerty At your suggestion and working with Ryan Foster, we have considered four possible donated sites for the new facility in the City of Kenai. After careful consideration and in consultation with you, John Conway and our architect, we believe KPB Parcel No. 04501035 would best suit the purposes of The new theatre. 'this facility would require approximately 2 acres to accomodate adequate parking and the footprint of the budding. Thumvriam would pay to have Parcel No. 04501035 subdivided so that we would occupy the east part of the parcel. The following information coma from Ryan Foster: Legal Description: Tract 4, Baron Park Subdivision 2012 Addition Physical Address: 450 Marathon Road Sire: 6.85 acres (298,386 square feet) City Zoning: Light Lndoamal Land Value: $417,500 (from KPB) This parcel would likely require a subdivision of die 6.85 acres for a theater project/donation. The new Kenai Dog Park is being constructed on this parcel and the City is amending the plat to remove the dog park from Tract 4 and add it to Tract 5. Water and sewer is adjacent to the property from Marathon Road and Daubensbeck Road. Theaters are allowed in the Light Industrial zoning district with a conditional use permit. Adumrtages for the City ofKenal Thames are economic engines for communities. Not only would Triumvirate Theatre patronize hardware stores and gno eery stores in the muter of our operations but our patrons will eat at local restaurants before or after shows. in addition to paying property tax, Triumvirate would also hire locals in teaching drama ramps, running operations and conducting maintenance on the building. The odmr advantage, of count, is having the arts in the community and the educational opportunities for local lids. We have no doubt that being in town will increase the number of children we serve with our programs. Thank you for considering this proposal. If you need further information, please contact me on my cell at: (907) 394-1159 or by email. p.o, bot 322 kenai, alaska 99611 907.394,1159 www,tiiumvifatetheatre.org herehesdtamaeihotmaiL<om triumvirate THEATRE Joe Rizzo Executive Dimaor ACtpA p.o, bot 322 kenai, alaska 99611 907.394,1159 www,tiiumvifatetheatre.org herehesdtamaeihotmaiL<om triumvirate THEATRE KENA RESOLUTON 3219-2021 PROPOSED DONATION TO TRIUMVIRATE THEATRE KPB #045 01 035 APPROXIMATELY 2 ACRE PORTION OF TRACT 4, BARON PARK SUBDIVISION 2012 ADDITION City of Kenai 1 210 Fidalgo Ave. Kenai, AK 996117794 1907.283.7535 1 wwwkenaixiiy MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: June 8, 2021 SUBJECT: Requested Postponement and Hold for a Second Public Hearing to July 7, 2021 for Ordinance No. 3219-2021 - Conditionally Donating a Portion of Tract 4, Baron Park Subdivision 2012 Addition to Triumvirate Theatre for the Development of a Theatre Facility. On June 2, 2021 City Council approved via consent agenda the introduction of Ordinance 3219- 2021 for a public hearing on June 16, 2021. This memorandum requests a postponement and a hold for a second public hearing to July 7, 2021. This postponement would allow for the Planning and Zoning Commission to review Ordinance 32132021 at their meeting on June 23, 2021 and provide a recommendation to City Council. Thank you for your consideration. K E N A I City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907,283.7535 1 www.lcenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Max Best, Interim Planning Director DATE: September 15, 2022 SUBJECT: Ordinance 3314-2022 — Extending the Time Period for Completion of Improvements for Triumvirate Theatre The purpose of the memo is to request an amendment to Ordinance No. 3314-2022. At the regularly scheduled Planning and Zoning Commission meeting of September 14, 2022 the Planning Commission voted to recommend approval of Ordinance No. 3314-2022. The following amendment is respectfully requested. Motion I move to add a 7th WHEREAS to read as follows: WHEREAS, at their regular meeting on September 14, 2022, the Planning and Zoning Commission reviewed the time extension request and recommended approval by the City Council. Thank you for your consideration.