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HomeMy WebLinkAboutOrdinance No. 3317-2022KENAI CITY OF KENAI ORDINANCE NO. 3317-2022 Sponsored by: Administration AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT FUND AND APPROPRIATING FUNDS IN THE AIRPORT SNOW REMOVAL EQUIPMENT CAPITAL PROJECT FUND FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT ATTACHMENTS AND INSTALLATION OF A GATE. WHEREAS, on August 9, 2022, the Airport (ENA) submitted to the Federal Aviation Administration (FAA) a Project Application for a grant for Federal funds for a project associated with ENA in the amount of $150,000; and, WHEREAS, on September 9, 2022, the FAA approved a project forthe Kenai Municipal Airport consisting of installation of a cantilever gate, and acquiring a snow removal equipment edge light cleaning attachment; and, WHEREAS, the obligation of the FAA is 93.75%, or $140,625; and, WHEREAS, the obligation of ENA is 6.25%, or $9,375; and, WHEREAS, this project will significantly improve snow removal operational efficiency, and reduce fuel consumption; and, WHEREAS, the airport solicited written quotes forthe installation of a sliding cantilever gate in September 2022; and, WHEREAS, the airport is seeking concurrence from the FAA for a noncompetitive bid procuring an edge light cleaning attachment available from only one manufacturer; and, WHEREAS, this appropriation is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept a grant in the amount of $140,625. Section 2. That the following budget revision is authorized: Airport Special Revenue Fund: Increase Estimated Revenues — Appropriation of Fund Balance $9.375 Increase Appropriations — Transfer to Airport Snow Removal Equipment Capital Fund $9 375 Airport Snow Removal Capital Project Fund: Increase Estimated Revenues — Transfer from Airport Special Revenue Fund $ 9,375 Federal Grants 140.625 New Text Underlined, [DELETED TEXT BRACKETED] Ordinance No. 3317-2022 Page 2 of 2 Increase Appropriations — Equipment 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 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5T" DAY OF OCTOBER, 2022. ATTEST: 4 A ;)� Miche M. aner, MC, City Clerk Approved by Finance: /Z`1 'Brian Gabriel Sr., Mayor Introduced: September 21, 2022 Enacted: October 05, 2022 Effective: October 05, 2022 New Text Underlined; [DELETED TEXT BRACKETED] K I N A I City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: September 12, 2022 SUBJECT: Ordinance No. 3317-2022 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue Fund and Appropriating Funds in the Airport Snow Removal Capital Project Fund The Kenai Municipal Airport (ENA) applied for FAA grant funds to install a sliding cantilever gate, and acquire a snow removal equipment edge light cleaning attachment on August 9, 2022. The FAA provided the grant agreement for execution on September 9, 2022, and the agreement was fully executed on Monday, September 12, 2022. This ordinance transfers and appropriates the 6.25% ($9,375) Airport share of the $150,000 project from the Airport Special Revenue Fund to the Airport Snow Removal Capital Project Fund. It also accepts and appropriates the 93.75% ($140,625) FAA share of the project into the Airport Snow Removal Capital Project Fund. A separate Resolution authorizes the execution of this grant due to timing restrictions. This capital project includes the installation of a sliding cantilever gate, and edge light cleaning attachment for the snow blower. The sliding cantilever gate makes available an additional 36,000 square feet of snow storage area in an area where snow storage is limited, is required to be hauled away, and encroaches on wing tip clearance. The edge light cleaning attachment is fit to an existing snow blower, it will significantly increase light cleaning efficiency and reduce by half the amount of equipment and personnel required to traditionally clear edge lights. Council's support is respectfully requested. n KENAI CITY OF KENAI RESOLUTION NO. 2022-70 Sponsored by: Administration A RESOLUTION AUTHORIZING CHANGES TO THE PAYMENT TERMS OF THE SET NET DRIVE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT, THE ALIAK, MCCOLLUM, JAPONSKI STREETS IMPROVEMENT SPECIAL ASSESSMENT DISTRICT, THE THOMPSON PARK, BEAVER CREEK ALASKA, MACK, VALHALLA HEIGHTS AND SUNSET RIM SUBDIVISIONS STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT, THE SOUTH AMES ROAD LID STREET IMPROVEMENT DISTRICT, AND THE JAMES STREET AND KIANA LANE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT IN AN EFFORT TO RESOLVE THE REMAINING DELINQUENT ACCOUNTS OF THE DISTRICTS. WHEREAS, confirmation of the assessment role and the repayment terms of the Set Net Drive Street Improvement Special Assessment District were adopted by Resolution 2008-14; and, WHEREAS, confirmation of the assessment role and the repayment terms of the Aliak, McCollum, Japonski Streets Improvement Special Assessment District were adopted by Resolution 2008-15; and, WHEREAS, confirmation of the assessment role and the repayment terms of the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights and Sunset Rim Subdivisions Streets Improvement Special Assessment District were adopted by Resolution 2008-71; and, WHEREAS, confirmation of the assessment role and the repayment terms of the South Ames Road LID Street Improvement Special Assessment District were adopted by Resolution 2009-58; and, WHEREAS, confirmation of the assessment role and the repayment terms of the James Street and Kiana Lane Improvement Special Assessment District were adopted by Resolution 2012-65; and, WHEREAS, nine accounts remain from these five different special assessment districts all of which are in delinquency status; and, WHEREAS, the repayment term of each district varied based upon the size of the district but the penalty and interest terms were the same at 10% annual interest and 10% penalty on delinquent balances; and, WHEREAS, the City has perfected its interest by filing a lien on the subject parcels to ensure payment to the City in the event the parcels are sold or the owners seek financing using the property as collateral; and, WHEREAS, additional legal action seeking a judgement against the owners or foreclosure are not desirable options of the City at this time; and, WHEREAS, the City is seeking additional flexibility in its attempts to secure repayment and resolve the delinquencies; and, WHEREAS, for the eight properties who's assessed value, as determined by the Kenai Peninsula Borough, are in excess of the accrued balance of the special assessment district, the City shall amend the repayment terms of the district to allow repayment of the balance as of the date of this Resolution, Lo including any outstanding principle, accrued interest and accrued penalty, interest and penalty free for a period not to exceed ten years subject to the following conditions: New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2022-70 Page 2 of 2 1. The property owner shall sign a confession of judgement for the balance as of the date of this Resolution. 2. Payment terms shall require monthly payments for a period of time not to exceed 120 months. 3. The terms of the new payment plan, for those individuals who violate its terms, shall revert to the original payment terms of its improvement district. WHEREAS, for the one property who's assessed value, as determined by the Kenai Peninsula Borough, is less than the accrued balance of the special assessment district, the City shall accept the proceeds from sale of the property, for which a purchase offer in the amount of $19,500 currently exists, less fees, real estate commissions, and less $1,000 as payment and in addition, once the net proceeds are received the City shall release its lien on the property and will not attempt to collect the remaining balance from the estate of the former owners of the property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA Section 1. That the City Manager is authorized to negotiate and amend the repayment terms of the special assessment districts for parcels 04941024, 04509028, 04509035, 04908421, 04909214, 04927015, 04927015, and 04513060 pursuant to the terms of this Resolution. Section 2. That the City Manager is authorized to negotiate and amend the repayment terms of the special assessment district for parcel 04513061 pursuant to the terms of this Resolution. Section 3. The original repayment terms of each district will remain in effect for those parcels for which new payment terms are not agreed to or for those parcels for which the terms of the new payment plan are violated. Section 4. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5T" DAY OF OCTOBER, 2022 Brian Gabriel Sr., Mayor aE Michell S e , MMC, City Clerk New Text Underlined, [DELETED TEXT BRACKETED] K E N A I City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 ww ..kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: September 29, 2022 SUBJECT: Resolution 2022-70 Authorizing Amendment to the Payment Terms of Various Special Assessment Districts of the City. The purpose of this memo is to recommend adoption of Resolution 2022-70 which will amend the payment terms of the Set Net Drive Street Improvement Special Assessment District, the Aliak, McCollum, Japonski Streets Improvement Special Assessment District, the Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights and Sunset Rim Subdivisions Street Improvement Special Assessment District, the South Ames Road LID Street Improvement District and the James Street and Kiana Lane Improvement Special Assessment District. Remaining from these special assessment districts are nine properties which are in delinquency to the City. The term of repayment varies by district and was dependent upon the amount of the original assessment. The interest and penalty rate for each district is the same at 10% annual interest on principle and a 10% penalty on delinquent balances. The City's has protected its interest by placing liens on each property. In an effort to resolve the delinquencies with no forgiveness of accrued interest or penalty it is recommended the payment terms of each district be amended as follows: 1. For the eight properties who's assessed value, as determined by the Kenai Peninsula Borough, are in excess of the accrued balance of the special assessment district, the City shall amend the repayment terms of the district to allow repayment of the balance as of the date of this Resolution, including any outstanding principle, accrued interest and accrued penalty, interest and penalty free for a period not to exceed ten years subject to the following conditions: a. The property owner shall sign a confession of judgement for the balance as of the date of this Resolution. b. Payment terms shall require monthly payments for a period of time not to exceed 120 months. c. The terms of the new payment plan, for those individuals who violate its terms, shall revert to the original payment terms of its improvement district. 2. For the one property who's assessed value, as determined by the Kenai Peninsula Borough, is less than the accrued balance of the special assessment district, the City shall accept the proceeds from sale of the property, for which a purchase offer in the amount of $19,500 currently exists, less fees, real estate commissions, and less $1,000 as payment and in addition, once the net proceeds are received the City shall release its lien on the property and will not attempt to collect the remaining balance from the estate of the former owners of the property. Properties who refuse these new terms will remain subject to the original payment terms of each special assessment district. Your support is respectfully requested. Page 2 of 2 The City o y � Kenal www.kenai.cit