HomeMy WebLinkAbout2006-11-01 Council PacketMAKE 29 PACKETS ~~
COUNCIL PACKET DISTRIBUTION
~ COUNCIL MEETING DATE~ /(-/- 2OOF.~ I
Mayor/Council 7~ Attorne Taylor/S rin er/Kebschull
Clerk Cit Mana er Public Works
Police Department Finance En ineer
Senior Center 9~ Air ort Kim
Librnr ~/' Parks & Recreation Clarion
Fire Department Schmidt Mellish
VISTA Student Re . KSRM
Bo le (#2)
* Ux~ t id-O c t-e b e~~~06-~: I~#ta n- i s-certi f i~d~
AGENDA pISTRIBUTION
DELIVER
Council and Student Representative Packets to Police Depnrtment Dispatch desk.
The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my
office. The portion of the cagenda published by the Clarion should be emailed as
soon ns possible a$ter Noon on pncket day. The camera-ready agenda
c:/myfiles/documents/minutes/agenda form for pnper) is emailed to Denise at
Peninsula Clorion (at emnil folder Work Session/Special Meetings, or Composition in
Contacts or Ibell@acsalaska.net). Home Page documents (agenda, resolutions,
ordinances for public hearing, and ordinances for introduction) are usually emailed
to me and I hold them in my HTML file. Place them onto the city's website from
there as soon as possible before leaving the office for the weekend.
~
cn
~ ~
O -o
O m
O ~
p ~
O m
r" o
m
\
`
D O ~
~ -<
r r
r tn
(n ~
S1 ~ '°
z
~ rn ~ ~1 ~ o
rn ~
0
~
~
~
''S
~
G
cn ~ -o m
~ ~ ~ m o
D 0 7~
~
r ~
r ~
(/~ ~
37 ~ '~..
z
~ rn ~ m O p
m ~
0 R.i
~
`4
~
~
<
~~~W~~
Dp~OpO
zmm~T Ocn
~ ~ ~
~~~~~
DO~~O
~ zmmm~
~ ~ ~ ~
~
~
~
<
cn ~ -~
O m
o ~
p ~
o m
~ o
m
D
o
~-
~ ~
~ 77
m ~
~ r
rn r
~ t
i~ ?~ m
m
~ ~
m ~
0
~
N
<
~
~
~
0
c
z
n
~
~
m
m
~
z
~
O
75
v
v
~
~
I~,
0
~
~v
cn ~ v a~ ~ ~ m o
D O ~ ~ ~ ~ ~ m
~ '
-~ r
rn r tn ~
m m ~ ~ ~ ~
7~ m O
~
~,
G
~ ~ ~ W ~ ~ rn o
D O ~ ~ O ~ rp m
~
-~ r r cn 77
rn m ~
m ~ ~ r
~ m 0
~
~
e
cn~-~W~~rnohy
rm~
DO~~~~~~
zmrnmO~p~`~
~ ~
~ m0
~
d
~
~
<
~~~~~~
~00~00
zmm"'~cn
m ~ -~
~
~
0
c
z
~
r
~
m
~
Z
~
O
~t
~
~
a~
ca
m
~
~
0
f!~ -*
~
<
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
NOVEMBER 1, 2006
7:00 P.M.
KENAI CITY COUNCIL
http: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. ConsentAgenda
*Ali 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: SCfiEDULED PUBLIC COMMENTS (10 minutesj
1. Maya Johnson -- Request for Funding/Attend 4-H National Congress
ITEM C: UNSCEiEDULED PUBLIC COMMENTS {3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
Ordinance No. 2194-2006 -- Authorizing the Sale of Ap~ro~mately
14.784 Acres at I.ot A, Baron Park Subdivision, 2006 Replat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
2. Ordinance No. 2195-2006 -- Amending the Kenai Municipal Code at
KMC 1422.010 (Land Use Table) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as a
Secondary Use in the Central M~ed Use Zone and Providing for a
Definition of "Secondary Use."
3. Ordanance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting
Mobile Home Standards for Mobile Home Parks Within the City of Kenai.
4. Resolution No. 2006-58 -- Adopting an Alternative Allocation Method
for the FY07 Shared Fisheries Business Tazc Program and Certifying that
this Allocation Method Fairly Represents the Distribution of Significant
Effects of Fisheries Business Activity in Cook Inlet.
5. Resolution No. 2006-59 -- Adopting the City of Kenai Capital
Improvements Plan Priority List Fiscal Year 2007-2012 as the Official
Six-Year Capital Improvements Plan for the City of Kenai.
6. Resolution No. 2006-60 -- Canceling the Existing McCollum/Aliak
Drives Local Improvement District and Initiating a New Local
Improvement District Entifled, °McCollum-Aliak-Japonski Local
Improvement District."
ITEM F: MINUTES
*Regular Meeting of October 17, 2006.
ITEM G: UNFYIVISHED BUSINESS
ITEM H: NEW BUSINESS
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordsnance No. 2197-2006 - Amending KMC 3.20.020 and KMC
3.05.100 to Provide Dog Licenses are Effective for Three Years and
Setting the License Fees.
4. *Ordinance No. 2198-2006 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional Services.
5. *Ordinance No. 2199-2006 -- Increasing Estimated Revenues and
Appropriations by $16,400 in the General Fund for a Homeland Security
Grant.
6. *Ordinance No. 2200-2006 -- Repealing tYie Existing Title 22 of the
Kenai Municipal Code and Replacing it Wit a New Title 22 Entitled,
"General Fund Lands."
7. ELECTION OF VICE MAYOR
8. Discussion -- Assignment of Cornmission/Coininittee Liaisons
9. Discussion -- Reschedule July 4, 2007 Council Meeting
YTEM Y: COMMISSION/COMMITTEE REPORTS
l. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Coinmission
6. Planning & Zoning Comruission
'7. Miscellaneous Coi7irnissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE MAYOR
YTEM K:
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- None Scheduled
ITEM M:
TESTIMONY S%GN-IN SHEET
__.~w ~ ~
~--~~~~V l~~ ~~'~~~
L~~e/ ~,~~~ ~~% ~~~ ~
~
~~~~/
~.
t~ a~ ~`~~~~~`~~
l s~~ Yvt u s(~ ~~ ~,4 ~-~/
~ ~
'+ w ~.~~ ~G1 ~r ~~~'J,
i-~~~; r`1-` j0~~l~cc~-~=
~-l ~ ~
µ N'ational4-H Congress 2006
November 24-28, 2006 in Atlanta, Georgia
Whdt iS Natio3t~.14-H CongYesa? It is an annual event that allows 4-H
members of clubs around the nation to get together, learn about 4-H and build
leadership skills. Delegations are sent from each state and it is very important
Alaska has representation at this Congress.
Dele ag tes:
JeSSiCa Bowlin - Jessica has been in 4-H for 6 years and is a senior at Nikiski
High Schaol. She currentiy is the districts youth representative to the Alaska
Leaders Councii, secretary of the Juniox Market Livestock board, and an
active member of Funky Farmers 4-H Club. jessica is involved in many
projects including market livestock, leadership and horses.
Maya Tohnson - Maya has been in 4-H for 6 years and is a freshman at Kenai
Central High School. She is currently the vice president of the 4-H council and
an active member in the Horse and Livestock Unlimited 4-H Club. Maya has
been in projects such as maxket livestock, rabbit, horses, and veterinary
science.
Kara Bethune - Kara has been in 4-H fox 10 years and is a seniox at Nikiski
High School. She is currently the secxetary for the 4-H council, vice president
of the Junior Market Livestock board, and an active member of the Funky
Farmers 4-Ii Club. Kara has been in projects such as horse, mazket livestock,
and leadership.
Whgr ~Te age goatt~ As leaders in our 4-H community we have worked on
club and state levels. The congress offers us the chance to be leaders at a
national ievel. Alaska 4-H has a lot to learn from other states and we can aiso
share our programs at congress. We want to be able to improve our 4-H and
make relationships with other 4-H clubs in other places.
Ex~penses °
Travel - $745.00
Hotel - $206.00
Registration - $350.00
Tour - $28.00
Meals - $100.00
Total - $1429.00 per person
NOVEMBER 1, 2006
REGULAR COUNCYL MEETdNG
Requests for arxaendments to the a enda:
ADD TO: E-1, Reference: Ordinance No. 2194-2006,
Lowe's of Kenai, Drawings
ADD TO: E-3, Reference: Ordinance No. 2196-2006, letter from
Dorothy Wilhelm, d/b/a Anchor Trailer Court
ADD TO: H-2, Purchase Orders Over $15,000 -- List
REMOVE FROM
THE AGENDA: H-5, Ordinance No. 2199-2006
ADD TO: Information Item 8-- Additional information regarding
The PRISM, Frops Condition Survey.
CONSENT AGENDA
None.
BY:
CYTY MANAGER
CYTY CLERK
CITY MANAGER
CITY MANAGER
CITY MANAGER
MAYOR'S REPORT
MIKE BOYLE:
206-987-2000, ext. 2159
BARRY ELDRIDGE:
LIPORACI HOTEL
RIO GALLEGOS, ARGENTINA
011-029f C-437809 OR
011-02966-421937 (desk)
GCI TELECONFERENCING OPERATOR:
1-800-315-6338, CODE = 1101-1#
(INITIATE CALL AT 6:45 P.M.)
Page 1 of 1
Carol Freas
From: Barry Eldridge [barry_eldridge@yahoo.com]
Sent: Tuesday, October 31, 2006 11:22 AM
To: Carol Freas
Cc: Patricia Porter
Subject: Nov 1 City Council Meeting
Hi Caiol, Now that we are off daylight savings rime I guess we will have a 6 hour time difference for
our conference call. I will be at a telephone at the hotel awaiting your call at about 15 ininutes before
the hour. We are staying at the Liparaci Hotel in Rio Gallegos, Argentina where Lhe number is Oll-
02966-437809 and I will plan to be there to answer it when it rings, if it is answered in spanish then aslc
For Barry ~ldridge and I will be in the area. An alternaCe number is Ol 1-02966-421937, aiso at the Hotel
deslc. I will be printing out the council agenda today and will check again tomon-ow for any late changes
or substitutes. Thank you for yom~ effort, Bury
11/1/2006
~
Suggested by: City rvianager
CITY OF KENAI
ORDYNANCE NO. 2194-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE SALE OF APPROXIMATELY 14.784 ACRES AT LOT A BARON PARK
SUBDIVISION, 2006 REPLAT IN THE CITY OF KENAI, ALASKA AND SETTING FORTH
THE PRICE AND OTHER TERMS AND CONDITIONS OF SALE.
WHEREAS, the City of Kenai is the owner of approximately 14.784 acres at Lot A,
Baron Park Subdivision, 2006 Replat in the City of Kenai, Alaska; and,
WHEREAS, when it is found that encouragement of a uew commercial enterprise
would be beneficial to the City of Kenai, KMC 21.15.170 allows the sale of City land to
be authorized by ordinance upon such terms as to price, conditions of conveyance and
other conditions of sale; and,
WHEREAS, Lowe's Home Improvement Warehouse, Inc, (Lowe's) wishes to purchase
the property to build a store in Kenai of not less than 100,000 square feet; and,
WHEREAS, the property is zoned General Commercial and the intended use is a
principal permitted use under the Kenai Zoning Code; and,
WHEREAS, an appraisal by Derry 8r, Associates has determined the fair market value
to be $1,650,000; and,
WHEREAS, Lowe's has agreed to pay fair market value ($1,650,000) for the property;
and,
WHEREAS, the proceeds from the sale will be placed in the Airport Land Sale
Permanent Fund pursuant to KMC 7.30; and,
WHEREAS, interest income from money placed in the Airport Land Sale Trust Fund
can be used to support airport operations; and,
WHEREAS, the purchase agreement provides that Lowe's will construct a home
improvement warehouse of at least 100,000 square feet within three years of the date
of closing of the sale; and,
WHEREAS, the City shall have a right to repurchase the property if Lowe's fails to
construct the required improvements within the allowed time period; and,
WHEREAS, the sale will be beneficial to the City of Kenai because: the proceeds will
significantly increase the size of the Airport Land Sale Trust Fund which is used to
support the operations of the Kenai Municipal Airport; it will significantly increase
sales and property t~ revenue to the City of Kenai; will provide a significant number
Ordinance No. 2194-2006
Page Two
of jobs at ths store and construction jobs during the project; will stimulate business
growth and customer traffic within Kenai; increase the commercial appeal of other
land owned by the City of Kenai near the store; and,
WHEREAS, the attached Purchase and Sale Agreement sets forth the price, conditions
of conveyance and other terms and conditions of the sale.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that: the City Manager is authorized to execute the sale of Lot A, Baron Park
Subdivision, 2006 Replat in the City of Kenai as set forth in the attached Purchase
and Sale Agreement.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: ~__
Introduced: October 17, 2006
Adopted: November 1, 2006
Effective: December l, 2006
~\
~ ~ ~~~g,
_ ~ ~~
t~re ufy o f , ~
KENA~ SKA
"V fla~e wit~r a P~ast, Gc°t~ wit~i a Future °'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
TO: Mayor Porter and the Kenai City Council
FROM: C~~ Cary R. Graves, City AtYorney
DATE: October 19, 2006
R~: SUMMARY OF SALE PROPOSAL TERMS AND CONDITIONS
The City Manager and I thought it would be helpful to the Council and general public if we
provided a summary of the terms and conditions of the proposed land sale to Lowe's. The
property is Lot A, Baron Park Subdivision, 2006 Replat. IC is the same property they currently
have a lease application pending on.
Why is Lowe's requesting to purchase the property rather thaii lease it wiCh a right of purchase
after development? The lease application is governed by the city code in effect prior to the recent
airport land code amendment. The prior city code allows if to purchase the property for faix
market value after it completes it development plan (i.e. the fair market value two years from
now). The uncertainty of what the pm~chase price will be in two years is a major disincentive for
Lowe's development of the project. Lowe's will not do this project if it cannot purchase the land.
Having Lowe's commit millions of dollars to a consCxuction project when it does not Irnow what
the purchase price wi11 be two years from now is a significant disincentive for them to do the
project.
Lowe's feels that the future priee of thE land will rise due in part to the fact that it wi11 have built
a store on the property and, therefore, spurred local business growth and demand for real estate.
In other words, it will be penalized fmancially (in terms of its purchase price) for investing ~
millions of dollars in Kenai. The administration feels those concerns are legitimate.
KMC 21.15.070 allows the sale of city land by negotiated sale when it finds "that encouragement
of a new commercial or indust~~ial enterprise would be beneficial to the City of Kenai". The
price, Cerms and conditions of the sale aze to be set forth in the ordinanee authorizing flie sale. A
summary of those terms and conditions are set forth below.
1. Price. The appraisal by Derry & Associates set the fair market value of the property at
$1,650,000). I,owe's has agreed Yo pay tl~e fair markeY value ($1,650,000) for the land.
The proceeds will be deposited in the Airport Land Sale Permanent Fund. The corpus of
that fund is protected from being spent by eity code pxovision. However, interest from
that fund is used to support airport operations.
2. Lowe's will deposit $50,000 iii an escrow account within five days after the parCies sign
the Purchase and Sale Agreement.
3. Closing must take place priox to Pebruary 16, 2007. The period of time prior to that is
referred to in the Purchase aild Sale Agreement as the Feasibility Period and
Governmental Approvals Pexiod. They run concurrently. During that period Lowe's may
further study Che feasibility of the project including governmental permiftin~
requirements. It may cancel the sale without losing its escrow deposit during that time.
4. Lowe's agrees to construct a home improvement warehouse of at least 100,000 square
feet on the property within three years of elosing.
5. The City will pay a 5% sales commission to Greg L. Johnson of Bond, Stephens &
Jolulson, Inc. Mr. Johnson is fhe commercial realtor who got Lowe's interested in Kenai
and the particular property. The 5% commission rate is se2 by KMC 21.15.190(e). That
section was taken verbatim from the previous airport code (KMC 22.05.040(~. The city
has paid commissions to other brokers providin~ land buyers in the past. Iu this case the
commission wi11 be $82,500 ($1,650,000 x .OS = $82,500).
6. If Lowe's does not complete the construction within three years of closing, the City has
the opYion Yo repurchase the property and any improvements on if. The repurchase price
would be: the fair market value purchase price paid by Lowe's far the land minus (1) fair
value market value rental; (2) a$50,000 liquidated damages fee; and (3) any fees or costs ~ ;
for removing any Iiens on the properiy; and (4) any damages to the property reducing its ~~ ~
value. The agreement defines annual fair market rental value as 8% of the fair market
value. If Lowe's had the property for Three years prior to repurchase, the total fair market
value rental price would be: 3 x 8% of Che purchase priee.
Please let me know if you have any questions regarding the Purchase and Sale Agreement or any
ofher issues regarding the proposed land sale.
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "AgreemenY) is entered into as of _
, 200_, by and between THE CITY OF KENAI, a home-rule mu~icipal
corporation of Alaska ("Seller"), and LOW E'S HIW, INC., a Washington corporation ("Buyer")
(referred to in this Agreement individually as a"Party" and collectively as the "Parties").
1. Subiect Propertv. Seller owns certain real property consisting of approximately
14784 acres at Lot A Baron Park Subdivision, 2006 Replat, in the City of Kenai, Kenai Peninsula
Borough, Alaska, as depicted on the site plan attached hereto as Exhibit A and a Iegal description
of which is attached hereto as Exhibit B, both of which are incorporated herein by this reference
(the "Subject Property'). According and subject fo all of the provisions of this Agreement, Seller
agrees to sell and Buyer agrees to buy the Subject Property.
2. Purchase Price. The purchase price for the Subject Property (the "Purchase
Price") shall be One Million Six Hundred Fifry Thousand Doliars ($1,650,000.00), to be paid as
follows:
2.1 Wifhin five (5) business days after the execution of this Agreement,
Buyer shall deposit with the Escrow Holder (as defined below) eatnest money in the amount of
Fifty Thousand Dollars ($50,000.00) (together with interest thereon, the °DeposiY'). Ai the closing
of the transaction contemplated by this. Agreement (the "Closing"), the Deposit shali be paid to
Selier and applied to the Purchase Price.
2.2 At or before Closing, Buyer shall deposit with tlie Escrow Holder the
remainder of the Purchase Price in immediately available funds, which shall be paid to Seller at
Closing.
3. Title. Seller represents and warrants that Seller has good and marketable title to
[he Subject Property and has entered into no other agreements for the sale or option or Iease of
the Subject Property. Seller shall not permit liens or encumbrances to be fi(ed against the
Subject Property after the date of this Agreement which will survive the Closing. Prior to the
expiration of the Feasibility Period (as defined below), Buyer shall obtain a title commitment from
the Escrow Holder (the "Title CommitmenY') and a survey (the "Survey") of the Subject Property.
Prior to the expiration of the Feasibility Period, Buyer shall deliver to Seller, in wtiting, such
objections (the "Title Objections") as Buyer may have to the Title Commitment and ttie Survey, or
to other documents referred to therein (collectively, "Title Matters"). Any Titie Maftet to which
Buyer does not timely object shail be deemed approved by Buyer and shall constitute a
"Permitted Exception". Seller shall have the right, but not the obligation, to attempt to cure any
Title Objection for a period of fifteen (15) days (the "Cure Period") following receipf by Seller of
the Title Objections. Prior to the expiration of the Cure Period, Seller shall send written notice
("Seller's Cure Notice") to 8uyer of which Title Objections Seller elects to cure or declines to cure.
in the event Selier fails or declines to cute such a Title Objection within such Cure Period, then,
and in such event, Buyer may (i} waive such Title Objectians and proceed to Closing (in which
case such title exceptions sha(I become Permitted Exceptions); provided, however, in such event
Buyer shall have the right to reduce the Purchase Price in an amount equal to any amounts
expended by Buyer to remove monetary liens and monetary encumbrances as titie exceptions or
(ii) terminate this Agreement and receive a refund of the Deposit.
4. Feasibilitv Period. As a condition to Glosing, Buyer, at Buyer's expense, must
have determined the Subject Property to 6e, in all respects suitabie for Buyer's intended ,
purposes (including economic feasibility of its intended purposes). Seller hereby grants to Buyer, '
its agents and employees, the right and license to go onto the Subject Property for the purpose of
conducting due diligence, including, without limitation, surveys, environmental and engineering ,
studies, physical tests, inspections, and evaluations and sampiing which Buyer may require in its
755016 7.DOC Lowe's Kenai Peninsula: City of Kenai Pazcel '~.
~ - Octobu 10, 2006 ~
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
assessment and inspection of the Subject Property. Saller shall fumish Buyer with copies of any
existing recent surveys, soil tests and environmental reports in Seiler's possession. Buyer shall
have ninety (90) days after the last execution of this Agreement (the "Feasibility Period") to
terminate this Agreement, by written notice to Seller, based on Buyer's determination, in its sole '
discretion, that the Subject Property is nat suitable, in which avent the Deposit shall be returned
to Buyer less $100.00, which amount shall be retained by Seller. The Parties may extend the
Feasibility Period by letter agreement to a mutually acceptable date.
5. Governmental Apqrovals Period. As a condition to Ciosing, Buyer, at Buyer's
expense, must have determined that Buyer will be able to obtain all approvals and permits
required by any govemmental entity and utility provider subject to only those conditions which are
acceptable to Buyer in its sole discretio~ and Buyer must have determi~ed that the Subject
Property is zoned to allow Buyer's intended use. Buyer and Seller shail cooperate in obtaining all
necessary permits and approvals, including, but not Iimited to use or zoning approvals and
ingress and egress approvals (the "Govemmental Approvals"). Buyer shall have ninety (90) days
after the last execution of this Agreement (the "Governmentai Approvals Period") to terminate this
Agreement, by written notice to Seller, based on Buyer's determination, in its sole discretion, that
Buyer wili not be abie to obtain required Governmentai Approvals with conditions acceptable to
Buyer, in which event the Deposit shall be returned to Buyet less $100:00, which amount shail be
retained by Seller. The parties may extend tlie govemment approval period by lefter agreement
to a mutuaily acceptable date, `
6. Acauisition of Surroundinq Propertv. Buyer requires the acquisition of property
located at ~ot 1A-4 Baron Park Subdivision, No.3, Kenai, Alaska, in addition to the Subject
Property for Buyer's intended use at this location. Accordingly, the closing of this transaction and
Buyer's obligations hereunder are conditioned on Buyer's closing on such additional property. If '
the acquisition of this property fails to close Buyer may terminate this Agreement by giving written
notice to Seller, in which event the Deposit shall be returned to Buyer less $100.00, which
amount shall be retained by Seller.
Escrow and Closinq Matters.
7.1 Escrow Hoider. Promptly following the execution of this Agreement,
Buyer shall open an escrow with First American Title Insurance Company, Attention Kristen
Hueter, 5 First America Way, Santa Ana, California (4he "Escrow Holder"). The Escrow Holder will
utilize a title company located in Kenai Alaska to assist with the Closing. A copy of this
Agreement shall be provided to the Escrow Holder to advise the Escrow Holder of the terms and
conditions hereof. Escrow Holder shall conduct the Closing pursuant to the escrow instructions of
the Parties which shali be consistent herewith.
7.2 Closin . The Closing shall take place on 4he date which is the earlier of:
(i) thirty (30} days after the expiration of the Governmental Approvals Period or (ii) February 16,
20D7. At Closing, Seller shail prepare a genetal warranty deed in a form satisfactory to Buyer (the
"Deed"}. At Closing, Sellet shall convey title to the Subject Property to Buyer by the Deed subject
only to the Permitted Exceptions and shall deliver sole and exclusive possession to Buyer.
7.3 Costs. Buyer shali pay the wst of recording the Deed. Any escrow costs
pertaining to the Closing shall be paid equaliy by Buyer and Seliec Generai real property taxes
will be prorated as of the date of Closing. Selier shall pay the premium for a standard owner's
policy of title insurance from First American Titie Insurance Company and endorsements required
to address Buyer's title objections; Buyer shail pay the additional cost of extended coverage if
required by Buyer and any endorsements required by Buyer. All other costs, induding ail other
recording fees, any state, county or municipal documentary stamps, transfer taxes, greenbelt or
rollback taxes, and excise taxes shail be paitl by Seller. The parties agree to execute a
settlement statement prepared by the Escrow Holder that reflects payment of such costs. Each
755016 7.DOC 2 Lowe's Kenai Peninsula: City of Kenai Parcel ~
OctoUer I0, 2006
... .. ..... .._ ......... . ..._ . ...... . ._,_. ..._... ___.. . ._.. . ........ ..... .. ........ . . .
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
Party shall bear its own attorney's fees and costs associated with the negotiation of this
Agreement and Closing.
7.4 Other pocuments. At Cbsing, Seller agrees to execute and deliver (a) a
certification of nonforeign status pursuant to Section 1445 of the Internal Revenue Code and (b)
customary owner's affidavits and indemnification agreements with respect to mechanics' liens,
leasehold Interests and other matters in favor of the Escrow Holder as the Escrow Holder shall
reasonahly require to issue the extended A~TA Owners Policy of Title Insurance.
8. Reoresentations and Warranties. Seller represents and warrants (and will
indemnify, defend and hold Buyer harmless for claims arising out of breach of such
representations and warranties) that at Ciosing: (A) Seller has the power and authority to enter
into this Agreement; (B) the execution of this Agreement and consummation of the transaction
contemplated by this Agreement is not in violation of any contract, agreement, order or judgment
of any nature by which Seller is bound; (C) there is no action, suit or proceeding pending or
threatened against Seller affecting the Subject Property; (D) there are no assessments against
the Subject Property that are unpaid; (E) there is no dispute involving the location of lines or
corners of the Subject Property, (F) there are no encroachments against tlie Subject Property and
(G} the Subject Property is not located within a Special F1ood Hazard Area or watershed area.
DEFAULT.
9.1 SELLER'S DEFAULT. IF THE SALE AND PURCHASE OF THE
SUBJECT PROPERTY CONTEMPLATED BY THIS AGREEMENT FAILS TO CLOSE
THROUGH NO FAULT OF BUYER, THEN EITHER: (A) BUYER'S DEPOSIT SHA~~ BE
IMMEDIATELY REFUNDED TO BUYER, OR (B} BUYER AS ITS SO~E AND EXCLUSNE
REMEDY (EXCEP7 AS PROVIDED LATER IN THIS SENTENCE) MAY BRING AN ACTION
FOR SPECIFIC PERFORMANCE OF THIS AGREEMENT; NOTW ITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED NEREIN, IF, DUE TO SEL~ER'S INTENTIONAL OR GROSS
MISCONDUCT, THE REMEDY OF SPECIFIC PERFORMANCE IS (i) UNAVAI~ABLE OR (ii)
IMPRACTICABLE BECAUSE OBTAINING SUCH REMEDY WOU~D INCREASE THE
PURCHASE PRICE OF THE SUBJECT PROPERTY BEYOND THE PURCHASE PRICE SET
FORTH HEREIN OR REQUIRE BUYER TO INCUR LIABILITIES OR OBLIGATIONS
(EXCLUDING COSTS OF ENFORCEMENT) NOT CONTEMPLATED PURSUANT TO THE
TERMS OF TNlS RGREEMENT, (BY WAY OF EXAMPLE, TO CLOSE WOULD REQUIRE
BUYER TO ASSUME OR PAY OFF A MORTGAGE OR DEED OF TRUST THAT SELLER
PLACED ON THE SUBJECT PROPERTY THAT WAS NOT CONTEMPLATED PURSUANT TO
THE TERMS OF THIS AGREEMENT), SELLER SHALL BE LIABLE FOR ALL DAMAGES,
WHETHER IN CONTRACT OR TORT OR UNDER ANY LEGAL OR EQUITABLE THEORY.
9.2 BUYER'S DEFAUL7. IF THE SALE AND PURCHASE OF THE
SUB,IECT PROPERTY CONTEMPLATED BY THIS AGREEMENT IS NOT CONSUMMATED
ON ACCOUNT OF BUYER'S DEFAULT HEREUNDER, SEL~ER SHALL BE ENTITIED, AS ITS
SOLE AND EXCLUSIVE REMEDY HEREUNDER, TO RECEIPT OF THE DEPOSIT AS FULL
AND COMPLETE LIQUIDATED DAMAGES FOR SUCN DEFAULT OF BUYER, THE PARTIES
ACKNOWLEDGING THAT IT IS IMPOSSIBLE TO ESTIMATE MORE PRECISELY THE
DAMAGES WHICH MIGHT BE SUFFERED BY SELLER UPON BUYER'S DEFAULT OF THIS
AGREEMENT OR ANY DUTYARISING IN CONNECTION OR RELATING HEREWITH.
SELLER'S ENTITLEMENT TO AND RECEIPT OF THE DEPOSIT IS INTENDED NOT AS A '
PENALTY, BUT AS FULL AND COMPLETE LIQUIDATED DAMAGES. THE RIGHT TO RETAW '
SUCH SUMS AS FULL LIQUIDATED DAMAGES IS SE~LER'S SOLE AND EXCLUSIVE
REMEDY IN THE EVENT OF DEFAULT OR FAILURE TO PERFORM HEREUNDER BY
BUYER, AND SELLER HEREBY WAIVES AND RELEASES ANY RIGHT TO (AND HEREBY
COVENANTS THAT IT SHALL NOT) SUE BUYER AS TO ANY CLAIMS, INJURY OR LOSS
ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT: (I) FOR SPECIFIC
~ 955016_7.DOC 3 1-owe's Kenai Pe~insula: City of Kenai Pazcel ~
Octobex 10, 2Q06
NOT BINDING UNTTL EXECUTED BY ALL PARTIES
PERFORMANCE OF THIS AGREEMENT, OR (II) TO RECOVER ACTUAL DAMAGES IN
EXCESS OF THE DEPOSIT.
Buyer's Initials: Seller's Initials:
10. Notices. Any notices, requests or other communications required or permitted to
be given hereunder shal~ be in writing and shail be delivered by a widely recognized nationa(
overnight courier service or mailed by United States registered or certified mail, return receipt
requested, postage prepaid, or by facsimile transmission, and addressed to each Party at its
address as set forth below:
To Seller: City of Kenai, Alaska
210 Fidalgo Avenue
Kenai, AK 99611-7794
Attention: Cary Graves, City Attomey
Fax: (907) 283-3014
City of Kenai, Alaska
210 Fidalgo Aveoue
Kenai, AK 99611-7794
Attention: Rick Koch, City Manager
Fax: (907) 283-3014
To Buyer: Lowe's HIW, Inc.,
1530 Faraday Avenue, Suite 140
Carisbad, CA 92008
Attention: Rob Doane, Senior Co~nsel
Fax: (760)602-8421
Lowe's HIW, Inc.,
1530 Faraday Avenue, Suite 140
Carisbad, CA 92008
Attention: Bart Hoilander, Director of Real Estate Acquisition
Fax: (760) 602-1018
cc: Paul M. Harman
Jones, Waldo, Holbrook & McDonough, P.C.
170 South Main Street, Suite 1500
Salt Lake City, Utah 84101
Fax: (801)328-0537
Any such notice, request or other communication shall be considered given or delivered,
as the case may 6e, on the date of personal delivery or upon deposit in the United States mail or
with an overnight courier as provided above. In the case of facsimile transmission, the notice
shall be deemed to be effective upon confirmation of receipt of the facsimile transmission,
provided that such notice is aiso hand delivered or sent by overnight carrier or through the U.S.
Mail on the day the facsimile ~otice is given. Rejection or other Yefusal to accept or inability to
tleliver because of changed address of which no notice was given shall be deemed to be receipt
of the notice, request or other communication. Any notice, request or other communication by a
Party may be given or delivered by counsel to such Party. By giving at least five {5) days prior
written notice thereof, either Party may from time to time at any time change its mailing address
hereunder.
11. Repurchase of Subiect Property. Seller shail have the right and option to
repurchase the Subject Property from Buyer subject to and in accordance with the following terms
and conditions:
755016_7.DOC q, Lowe's Kenai PeninsWa: City of Renai Parce( ~
. Octobu 1Q 2006
... . ... .. ._.. . ..... .. ._. .. _..... _....... ..... ._._. _... . . . ..
NOT BINDING UNTTL EXECUTED BY ALL PARTIES
11.1 Covenant to Open. Subject to any delays suffered by Buyer due to force
majeure, repair, restoration or reconstruction following casualty or condemnation or any other
exercise of the_power of eminent domain, restocking or remerchandising, or labor disputes (the
"Permitted Delays"), Buyer agrees to open a home improvement warehouse of at least one
hundred thousand (100,000) square feet on the Subject Property to the general public for one (1)
day, adequately stocked and staffed for use as a retaii store within three (3) years after Closing.
In the event of default of this Section 11.1, Seiler's sole remedy shail be the exercise of the
repurchase right set forth in Section 11.2 of this Agreement (the "Repurchase Right").
11.2 Seller's Repurchase Ripht. In the event of Buyer's default under Secfion
11.1, Seller shall have the one (1) time right and option to repurchase the Subject property
including all improvements from 8uyer for the Repurchase Price which shall be an amount equai
to the Putchase Price minus the Fair Market Value Rental Value (as hereinafter defined) and
minus a Fifty Thousand Dollars ($50,000.00) liquidated damages non-compietio~ fee and minus
any costs for removing or clearing liens occurring on the property after the closing date and minus
any damages to the property reducing its value.
11.3 Selier's Exercise of the Repurchase Riqht. Shouid Selier elect to
exercise its Repurchase Right, Seller shall give written notice to Buyer (the "Election Notice")
within ninety (90) days of Buyer's default under Secfion 11.1. Should Seller fail to give the
Election Notice within the deadiines set forth in this Section 11.3, the Repurchase Rigtit shall
terminate and be of no further force or effect.
11.4 Fair Market Rental Value. The "Fair Market Rental Value" shall be the
fair market rental value of the Subject Property for the time period from which the Buyer acquired
fee ownership of the Subject Property untii the Buyer's default under Section 11.1 of this
agreement. The yearly Fair Market Rental Value shall be Eight Percent (8%) of the Purchase
Price in Section 2 above. For example, if the property were held by the Buyer for two years prior
to re-purchase, the total Fair Market Rental Value would be two times the yearly Fair Market
Rental Value (2 x 8% of the Purchase Price in Section 2).
11.5 Repurchase Closinq.
11.5.A The closing of the repurchase transaction contempiated in this
Section 11 (the'Repurchase Closing") shall take place on the date which is (i) thirty (30) days
following the expiration of Seiler's Repurchase Review Period, or, in the event Seller timely
objects to the Repurchase Commitment as outlined in Section 11.5B, (ii) forty five (45) days
following the expiration of Buyer's Repurchase Cure Period.
11.5.6 At the Repurchase Ciosing, Buyer shali deliver into escrow with
the Title Company a statutory warranty deed (the "Repurchase Deed'), duly executed and
acknowledged so as to convey to Seller title to tfie Subject Property in fee simple, warranting title,
free and ciear of all liens, restrictions, encumbrances and other matters save those which Selier
conveyed to Buyer (which are retlected in the owner's policy of title insurance issued to Buyer on
the date of Closing and which shall be deemed to be permitted exceptions for which Seller shall
have no right to object) and subject to other reasonable encumbrances placed upon the Subject
Property subsequent to Buyer's purchase (inciuding Fair Market Value leases or other Fair
Market Value occupancy agreements).
Seller shall be responsible to obtain from the Title Gompany, at Buyer's '
expense, a commitment to issue an owner's policy of title insurance for the Subject Property (the
"Repurchase Commitment"). Seller shall have a period of thirty (30) days from receipt of the
Repurchase Commitment in which to review such items and to deliver to Buyer in writing such
objections as Seller may have to the Repurchase Commitment (except as to the permitted
755016 7.DOC 5 Lowe's Kenai Peninsula: City of Ke[tai Parcel
OctoSer lq 2066
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
exceptions described herein)(the "Seller's Repurchase Review Period"). Any matters to which
Selier does not object within the thirty (30) day period, including all permitted exceptions and ail
mafters of record at the time of Selier's initial conveyance to Buyer, shall be deemed approved by
Seller a~d shall constitute permitted exceptions to title. In the event Seiler does timely object to
the Repurchase Commitment, Buyer may, for a period not to exceed thirty (30) days foliowing
receipt by Buyer of Seller's objections (the "Buyer's Repurchase Cure Period"), make
commercialiy reasonable attempts to cure such objections. If after such commercially reasonable
attempts are made, Buyer fails or is unable to cure such title objections within Buyer's
Repurchase Cure Period, Selier may: (i) waive such o6jections and proceed to close, provided,
however, that Seller shall have the right to reduce the Repurchase Price in an amount equal to
any amounts expended by Seller to remove monetary liens and monetary encumbrances as title
exceptions as allowed i~ Section 11.2, or (ii) terminate and cancel its Repurchase Right,
whereupon the Repurchase Right shall become void and of no further force or effect, and the
Parties hereto shall have no further rights or obligations under this Section 11. Seller's election to
waive title objections or to terminate the Repurchase Right must be exercised with fifteen (15)
days following the expiration of the Repurchase Cure Period. Seller's failure to exercise such
election within said fifteen (15) day period shall be deemed a waiver of ail such title objections by
Selier.
11.5.C Buyer shall prepare, at its cost, the Repurchase Deed. Seller
shail pay the cost of recording the Deed. Any escrow costs pertaining to the Repurchase Closing
shall be paid equaliy by Buyer and Seller. Buyer shall pay the premium for a standard owner's
policy of title insurance and endorsements required to address Seller's title objections; Seller shall
pay the additional cost of extended coverage if required by Seller and any endorsements required
by Selier. All unpaid atl valorem taxes shall be prorated between Buyer and Seller as of the date
of the Repurchase Closing. All other costs, including recording fees, any state, county, or
municipal documentary stamps, transfer taxes, roliback taxes, and excise taxes, shall be paid by
Buyer. Buyer and Selier agree to execute a settlement statement prepared by the Escrow Holder
that reflects payment of such costs. No brokers or rea! estate agents shall be utilized in such
transaction and no commissions wiil be due any broker or agent and each Party wili indemnify the
other from any liability for any such fees or commissions incurred by it.
11.5.D At the Repurchase Closing, Buyer shall execute and deliver any
affidavit or lien waiver reasonably requested by Seller's title insurer and a non-foreign affidavit.
Upon receipt of all documents and funds, the Title Company shall deliver the Repurchase Deed
to Seller and the Repurchase Price to Buyer.
11.6 Nonassianabilitv. The Repurchase Right contained in this Section 11
may not be assigned by Seller nor shall it be exercised by any party other than Se11er itself. The
Repurchase Right sha11 be binding upon ail successors in interest to the Subject Property. Buyer
may not assign this agreement or its rights thereon without fhe written consent of Seller.
11.7 Recordation. The Parties shall execute and either Party may record a
Memorandum of Agreement in the form attached hereto as Exhibit B in the official records of
Kenai Peninsufa Borough, Alaska.
11.8 Default and Remedies. In the event of default by Seller or Buyer after
the Election Notice, the provisions of this Section 11 may be enforced by specific perFormance
and equitable relief by either party, it being understood and agreed that fhe default or breach of
the provisions of this Section 11 may create irreparable damage and harm.
11.9 Termination. The Repurchase Right, and aii rights and interests arising
under this Section 11, shall terminate and be of no furtherforce and effect three (3) years antl
one (1) day from Ciosing {the "Repurchase Termination Date") unless the compietion date has
755016 7.DOC 6 Lowe's Kenai Peninsuta: CiTy of Renai Pazcet
. Octobu 10, 2006
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
been extended pursuant to Section ~ 1.1. Any extension to the completion date under Section
11.1 shail add the equivalent amount of time to the termination date under this section. Upon
expiration of the termination date, Seller will record at Buyer's request an appropriate document
acknowledging termination of the Repurchase Right. On the Repurohase Termination Date, Seller
shail be deemed to have waived and reli~quished the Repurchase Right and ail rights and
interests pertaining thereto.
12. Miscellaneous.
12.1 Commissions. Seller shall be responsible to pay any and all real estate
sales fees and commissions to Greg ~. Johnson of Bond, Stephens & Johnson, Inc., pursuant to
KMC 21.15.190(e). Each Party agrees to indemnify, defend and hold the other Party harmless
against any claims for fees or commissions by brokers or agents claiming by or through the
indemnifying Party.
12.2 Damape or Destruction: Condemnation. All risk of loss to the Subject
Property, including physical damage or destruction, shail be borne by Seller until Closing. In the
event of material damage or destruction of the Subject Property or condemnation or threat of
condemnation of ail or a portion of the Subject Property, Buyer may elect to terminate this
Agreement, in which event the Deposit shall be returned to Buyer, or may elect to proceed with
Closing, in which extent the insurance proceeds or condemnation award shall be paid to Buyar at
Closing.
12.3 Authorization. The undersigned officers of Seller and Buyer hereby
represent and warrant thai all actions necessary by their respective organizations have been
obtained and ihat they are authorized to enter into this Agreement and that no additionai action
will be necessary to make this Agreement legally binding upon such officer's organization.
12.4 Busi~ess Davs. If the time period by which any right, option or election
provided under this Agreement must be exercised, or by which any act required hereunder must
be performed, or by which the Closing must be held, expires on a Saturday, Sunday or legal or
bank holiday, then such time period will 6e automatically extended through the close of business
on the next foliowing business day.
12.5 Bindina Effect Recordation. The terms, covenants and conditions herein
contained shall be binding upon and inure to the benefit of the heirs, successors, transferees and
assigns of tlie Parties. Buyer may, at its expense, record notice ot this Agreement.
12.6 Interpretation. This Agreement constitutes the entire agreement
between the Parties with respect to the subject matter hereof and may only be modified by a
subsequent writing duly executed by both Parties. The Environmental Addendum and Exhibits A
and B attached hereto are hereby incorporated into this Agreement. This Agreement shall be
interpreted and construed only by the contents hereof, and there shall be no presumption or
standard of construction in favor of or against either Seller or Buyer.
12.7 Attornevs' Fees. In the event a Party commences a legal proceeding to
enforce any of the terms of this Agreement, the prevailing Party in such action shall have the right
to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in
the same action.
12.8 Survival. The provisions of Paragraphs 3, 7 and 11.1 and the indemnity
agreements contained in this Agreement shall survive any expiration or termination of this
755016 7.DOC 7 Lowe's Kenai Peninsula: Ciry of Kenai Parcel
October 1Q 2006
NOT B1NDING UNTIL EXECUTED BY ALL PARTIES
Agreement and shall not merge into any deed delivered and accepted upon the closing of the
transaction herein contemplated.
12.9 Counteroarts. This Agreement may be executed in counterparts, each of
which shail be an original and all of which shail together constitute one and the same instrument.
12.10 Governinq Law. This Agreement shall be construed and enforced in
accordance with, and governed by, the laws of the state in which the Subject Property is located.
12.11 Time of Essence. Time is of the essence to this Agreement
SIGNATURE PAGE TO FOLLOW
15501fi 7,DOC g Lowe's Kenai Peninsula: CiTy of Ke~ai Parcel
October 10, 2006
. . .... . .... ............_....... .
. ....... .... . _ . . _.... , ._._ ._..... ._.. .._... ..._. .._..
IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written.
SE~LER:
Name:
Title:
Date: , 200_
BUYER: Lowe's HIW, Ina,
a Washington corporation
By:
Name:
Tiile:
Date: , 200_
755016 7.DOC Lowe's Kenai Peninsula: City of Kenai Pazcel
Octoberl0,2006
NOT BiNDING LTNTTL EXECUTED BY ALL PARTTBS
Environmental Addendum
1. Seller Disclosures. W ithin ten (10) business days of the last execution of this Agreement,
Selier shall inform Buyer of any Hazardous Materials or Release and of any underground
structures or utilities which are or may be present on the Subject Property and Seller shall deliver
to Buyer any documentation (for example, any titie evidence, surveys, reports, studies, test
results, engineering drawings, permits or tank registrations) Seller has within its possession or
controi regarding such conditions, structures or utilities. Seller shall immediately notify Buyer, in
writing, of any Release, as defined hereinafter, or change to any environmental information
previously given by Seller to Buyer, and Seller understands that Buyer needs tliis information in
order to properly evaluate the Subject Properry, to avoid damaging underground structures and
utilities and to avoid causing, contributing to or exacerbating the Release of a Hazardaus
Materials in the course of its investigations.
2. Buver's Indemnification. Buyer agrees to pay all of the costs and expenses associated
with its investigation and testing and to repair and restore any damage to the Subject Property
caused by Bwyer's investigations or tesfing, at Buyer's expense. Buyer also agrees to indemnify
and hold Seller harmless from all costs, expenses and liabilities arising out of Buyer's negligence
or willful misconduct or that of its employees, agents, consultants or contraotors in performing its
evaluation of the Subject Property, except that Buyer shall have no responsibility to Selier and
Seller hereby releases Buyer and agrees to indemnify and hold Buyer harmless from all costs,
expenses and liabilities arising in connection with environmental conditions, Hazardous Materials,
Releases or untlerground structures or utilities that were not disclosed to Buyer as provided in
this Addendum. Soil, rock, water, asbestos, antl other sampies taken from the Subject Property
shall remain the property of Seller. Buyer will make arrangements for the lawful disposal of any
contaminated samples and will pay any related transportation of disposal fees and Seller shail
sign the manifest and any other documents required in connection with the disposal of
contaminated samples.
3. Seller's Reoresentations and Warranties. Seller represents and warrants to Buyer, as of the
date of this Agreement and at Closing, that (i) tlie Subject Property is free from contamination by
Hazardous Materiais and the activities conducted on the Subject Property do not pose any
significant hazard to human health or the environment and do not violate any Environmental
Laws, (ii) there has been no generation, treatment or storage of any Hazardous Materials at the
Subject Property except as disclosed in writing by Seller to Buyer, (iii) there are no surface
impoundments, lagoons, waste piles, landfills, injection welis, underground storage areas, tanks,
storage vesseis, drums, containers or other facilities that held Hazartlous Materials on the
Subject Property, (iv) there is no treatment, storege or Release of Hazardous Materials on land
adjacent to the Subject Property that may constitute a risk of contamination of the Subject
Property or surtace or ground water flowing to the Subject Property; and (v) there has been no
inspection, audit, inquiry, investigation, or notice or warning thereof by any Governmental
Authority regarding 4he presence or discharge of Hazardous Materials on the Subject Property.
4. Definitions.
A. "Environmental Laws" shall mean anyfederal, state or local statute, regulation or
ordinance or any judiciai or administrative decree or decision, whether now existing or hereinafter
enacted, promulgated or issued, with respect to any Hazardous Materials, drinking water,
groundwate~, wetlands, landfills, open dumps, storage tanks, underground storage tanks, solid
waste, waste water, storm water runoff, waste emissions or weiis.
B. "Hazardous Materiais" means each and every element, compound, chemical mixture,
contaminant, pollutant, material, waste or other substance which is defined, determined or
identified as hazardous or toxic under any Environmentai Law, including, but not limited to,
asbestos or any substance containing asbestos, polychiorinated biphenyls, any explosives,
radioactive materials, chemicals known or suspected to cause cancer or reproductive toxicity,
755016_7.DOC 1 Q Lowe's Kenai Peniusula: City oFKenai Pare]
. October 10, 2006
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
pollutants, effluents, contaminants, emissions, infectious wastes, any petroleum or petroleum-
derived waste or product or related materials and any items defined as hazardous, special or
toxic materials, substances or waste. Without limiting the generality of the foregoing, the term
shall mean and include: "Hazardous Substances" as defined in CERCLA, the Superfund
Amendments and Reauthorization Act of 1986, or Title ill of the Superfund Amendment and
Reauthorization Act, each as amended, and regulations promuigated thereunder; "Hazardous
Waste" as defined in the Resource Conservation and Recovery Act of 1976, as amended, and
regulations promulgated thereunder, Materials as deflned as "Hazardous Materials" in the
Hazardous Materials Transportation Act, as amended, and regulations promulgated thereunder;
and "Chemica~ Substance or Mixture" as defined in the Toxic Substances Control Act; as
amended, and regulations promulgated thereunder.
C. "Governmentai Authorities" means the United States, the State of Alaska and any
political subdivision thereof, and any and all agencies, departments, commissions, boards,
bureaus, bodies, councils, offices, authorities, ot instrumentality of any of them, of any ~ature
whatsoever for any governmental unit (federal, state, county, district, municipal, city or otherwise)
whether now or hereafter in existence.
D. "Release" shali mean any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, storing, escaping, leaching, dumping, discarding, burying, abandoning, or
disposing of Hazardous Materi9ls into the environment.
Seller's Initials: Buyer's initials
755016 7.DOC 11 Lowe's Kenai Peninsula: CiTy of Keuai Parcel
~ October 1Q 2006
! NOT BINDING UNTTL EXECUTED BY ALL PARTIES
EXHIBIT A
"1
I
I
12
EXHIBIT B
Legal Description
LOT A, BARON PARK, 2006 REPLAT, ACCORDING TO THE OFFICTAL PLAT
THEREOF, FILED UNDER PLAT NUMBER 2006-25, RECORDS OF KENAI
RECORDING DISTRICT, THIRD JUDICIAL T3ISTRICT, STATE OF ALASKA
TAX PARCEL NUMBER: 643-360-44
755016_7.DOC Lowe's Kenai Peninsula: City of Kenai Pazcel
October 1 l, 2006
_ __. _ ._.._..
NOT BINDTNG UNTIL EXBCUTED BY ALL PARTIES
fiXHIBIT C
Form of Memorandum of Agreement
Recording Requested By
And When Recorded, Return To:
Paui M. Harman
Jones Waldo Holbrook & McDonough
170 South Main Street, Suite I500
Salt Lake City, VI' 84101-1644
MEMORANDUM OFAGREEMENT
THIS MEMORANDUM OF AGREEMENT (this "Memorandum") ismade and
entered into as of the day of, , 200_, by and between THE CIT'Y OF
KENAI, ALASKA, a home-rule municipal corporation of Alaska ("Seller"}, and
LOW~'S HIW, INC., a Washington corporation, (`Buyer"} (individaally, a"Party" and
collectively, the "Parties").
WHEREAS, Buyer and Seller have entered into that certain Purchase and Sale
AgreemenY of even date herewith (the "AgreemenY');
WHEREAS, the Agreement pertains to "Subject Property" looated in the City
Kenai, Kenai Peninsula Borough, Alaska and more particularly described on Schedule T
attached hereto; and
WHEREAS, the Agreement pYOVides for notice of its terms to be recorded against
the Subject Property in the official records of Kenai Peninsula Borough, Alaska;
NOW, THEREFORE, the Parties hereby give notice as foliows:
1. Section 11 of the Agreernent provides to Seiler certain rights to repurchase the
Subject Property, on terms and conditions more fully set forth in the Agreement. The
right to repurchase the Subject Property shall terminate on the date three (3) years and
one (1) day after the date on which Buyer acquires fee title to the Subject Property unless
the Completion Date has been extended pursuant to Section 111 of the Purchase and Sale
Agreement. Any extension of the completion date under Secfion 1 l. i shall add the
equivalent amount of time to the Texmination Date of the Right of Repurchase. tipon
expirafion of the termination date, Seller will record at Buyer's request an appropriate
document acknowledging termination of the Right of Repurchase.
7530t6_7.DOC 14 Lowe's Kenai Peninsula: City of Kenai Pazcet
Octobar 10, 2006
NOT BTNDING UNTIL EXECUTED BY ALL PARTIES
Signature Page for Seller:
IN WTTNESS WHEREOF, the pariies hereto have executed this A~~reement under
seal as of the date first above written.
SELLER:
CITY OF KENAI, ALASKA
a home-rule municipal corporation of
Alaska
By:
Name:
Title:
STATE OP )
) ss.
BOROUGI3 OF )
ON THTS day of , 200~ before me, the undersigned, a
Notazy Public in and for said Barough and State, personally appeared
, to me personalIy known to be the person described in
and who executed the foregoing instrument, who, being by me first duly sworn; stated
that he/she is the of a
, and that he/she executed such instrument on behalf of said
corporation by authority of its board of directors, and said person acknowledged to me
that he/she executed such instrument as the act and deed of said corporation.
IN WITNHSS WHEREOF, I have hereunto set my hand and affixed iny official
seal the day and year last above written,
Notarq Public
Printed Name:
My Coinmission Expires:
755016_7.DOC 15 [.owe's Kenai Peninsula: Ciry of Kenai Paroei
Octo6er 10, 2006
NOT BINDING UNTIL EXECUTED BY ALL PARTTES
Signature Page for Suyer:
STATE OF )
) ss.
COIJNTY OF )
LOWE'S:
Lowe's HIW, Inc.,
a Washington corporation
By:
Name:
Title:
ON THIS day of , 200 , before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
, to me personally known to be the person described in
and who executed the foregoing instrument, who, being by me first duly sworn, stated
that he/she is the of LOWE'S HIW, INC., a Washington
corporation, and that he/she executed such instrument on behalf of said corporation by
authority of its board of directors, and said person acknowledged to me that he/she
executed such instrument as the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year last above written.
Notary Public
Printed Name:
My Commission Expires:
755016 7.DOC . 16 Lowe's Ke~ai Peninsula: City of Kenai Parcel
October 10, 2006
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
SCHEDULE I TO EXHIBIT C
Lega1 Description
LOT A, BARON PARK, 2006 REPLAT, ACCORDiNG TO THE OFFICIAL PLAT
THEREOF, FILED UNDER PLAT NL7MBER 2006-25, RECORDS OF KENAI
RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA
TAX PARCEL NIJMBER: 043-360-44
755016_7.DOC 1 ~ Lowe's Kenai Peninsula: CiTy of Kenai Parcef
October I1, 2006
i -
€ € ~ f s,a ~ s ~ e
> I
% s ~ k w~ : mg
` 5 R ` n ~ II
P
~A ~o
~°'9 8 t F a~~' s tta _ 4 s-€ ~."c ~ ~ ~+'o
E-~hr~g ~~as~s ~ ~enx°se ~..::~ ~~ ~~z
~ Fx. 4F R '.k F~ £ 8k
& Y ~ 1 2
x~ ,~ s ~ Be ( m
"a f - s - i I -~ -, ~
k'„ ~ ~ ~ g ~1 7,_"_ ~~ ~`.r!',. ~
E I
1~ 1
e v ~ I
~j ~~~1 i
m ~~ ~
~~ o - ~i~° ~\, i
o ~{
z z. ~~
~ - ~ ~~
F: p ~ I_-C~ \
~ ~
~~ ~ ~ ~
~ ~ A .~~ ~/~ /
y y V
~ i
/
~ ~ ~ ~
i ~ I ~ r-o
~~
~ I ~ ~ ~'~j
<~ e ~ fr 3ft . u s xs ~'a~~rC eR€ s~x~ar5g,m I~ ~ ~ I r~i~ (
~~ r I ~
3~z3 P. .P~v 2€~ c s~7 £. 4 z,:e~.~ k ~ r-;x€;, i m c i ~ il~~
'~ s ~ ~- ~^ n~ s5g ,.s ~ ~ ~er ~~.s_z s ~z~ s~'g ~ ~ m ~~ ,; ~ ~
z c
C,ysQ~ . u~ ; =' § SFC ~°s ' cs _ ~sdsr~ ` ~n '~~ w ~ - T `~ .
.. „ L - ~ 5 a, : ~~ z"o ~ ~-0~ . i
~ 5. sa ~ '~m x s s O^t ~__.~I.___-'- ,,~, ~
. _ c.~ i'$ ~ n
. e~ y
's u
F
q o
K
: O
Y ~
I
~~p`~0° ~ (
I FRWs~~ pO ~ '
pY ~ 1'~
~Y£~2. . ~ \ ~~ ,~~ ~ ~ $
~ ~~_~.'~- m
A, p"? ~ ~~//// ~ 6 .,'
r,.yt a ~ <
~5 0 ~ ~
s., i
„~~` n ~ \
~ ' ~
~=`F ~ ~~~ I ~~ \
i ~~
~'I
I 0 i R VI~W
$i £P[~ ~ e ° 0~~°~'a F -~~'~°4 `~ ~-i ~
-{ ~ gc 4t *nesHeer ~~( g 4! as ~, B° ~ a"'2 y
.
~ o `€~€ ; ~~nni~~ ~~~~~~~ E ~ ~ ~~~ ~ ~ ~ ~ .r` <~. . . ~ ~~ PE~~ ~ ~ ~ I i ~~er°
KENAI AIASKA
.,~ ;, ~..~ ~~ ~~i
~
~
~ ~ I e ~ ~ ~~g 3~ ~~~~ 8~ ti ~~ ~ ... ~..~
7 ~ : v g ~~ ~ ~ °~& ``~.....~- ..- aw ~i~ o_ .i.eaz ~
i ~
~ I I' ~ i § g~ ~~q~ ~~ ~ - ~..~ .~..,.
~
I.; ~I I5 e , ~ 3~ ~~ fi ~ ... ~ . m
i i~ ~ I ~ ~ ~ ~ ~ ~
i ~~ ~~ ;~~ ~ ~
~ i~~ ~'~ ~~~ ~~~ ~~ ~ 1
~ ' ( ~ ~ ~ ~ ~' , ~~ ~
I"~ ~ I ~~~ € I; s ~
m~
~ ' i ~ ~ ~$ ~~a ~ ~ ~ ~~ ~ ~ ~~ ~~ ~ ~ 1 ~
~ I
s ~ ~ ~ ~ ~ I ~P : .
~'~~ i ~ a i ~ ~ ,
~ ~~ I
9.u r i aca ~ _ , ~sE~ ~~ ~!d z ~
~~~ ~ / ~ ~~ I ~
~~ ~
~ t ^ .. ' ~ •, ' li
~ c
' b b_~ ' ,'_ -__
~k ~ A ~c- -- _--_ T_ ~.~- -_ - - _
~ ~. ~ .~.. _ IJ
~
~ ~ ~,~~~~ ~ ~ I ~~ .
~ ` ~`_ '`~~, ~ii- y ~ - r ~,; -, d~
~ . '~ ~ i ~ ii n ~ ~ - ~ i
\
~ ~ li ~~' il,l~;~~~ai i ~ ~' ~i i;~ ~,
.A~ = i ~ iil Tf~ ii i ~ i:
~ b -s~r' i
,~ ~'~ ~ ~ ~ ~')
~ ~8 ~I ~I Ik~ ~ ~, i,j f ~ i~ i ~
~,~ ~~~fr~4Htrl ~,~ ~',~~,; ~ ;~ _ ~', iir a
,~. ~~~ ~~'1 alu ~~ ~~~~ ~~ ~°~ ~, ~ i~~,~~~,;
~ i~~iii ~ i i i '~
~. ,i i p i~ ~i~ ; ~i~~l
~ ` 14
\ Q~ N1~1 ~ ~ ~~~ ~ ~'~ ~ ~~ ~
s ~~ ~ I ~~~. (
~:~ ~J I
~ • ~~ ~~~~~~ I~I'~ I I i~ ~ ~~ ~I ~ i ~ t
~" y~,{-~ ~~~~S~! i~ i a° sp-' i;' ~'~
~
~ "~tl~ ~ ~~O I i ;
~
r ~~-s-I . a;E 1~~ ~~ ~ ~
' ~~~'~ ui ~ii ~~~ I~ (
~ i 1 .
_ { -, ,.,,, ~ ,
i r q~ -~ ' ~
~ i \ ~~i y (}~~~' ~ ~
\ ~\ \ ~ IGI'\ 'I!~ II I~~ ~
5::, ~~~I I I I I
~1 ~ ~~~ 1~~'i ii ~ -~ >° +! ~i ~ '
p~ q' ° '1'' i ~~: •' ~ ~i ~~
;~ 'L;S~ ~ ~~ -
~ ~ ii ~
a, 3 ~
i~ _ i
ii3~~
~' ,- ~~~
L g _~I ,
~ ~~Iill~~I, I~ ~~I~ ~_ ~'~R§~ ,
~~~ ~ I I T I~~~ T~I i' I I!a~ ~ ~~ :~`~ I .
,
~~,`l I li~~.,t ~iae lii iiio, ~ ~ i
~ ~~~ ~
--- -- -~
~ ~ ~ : °.- ~--- -- ..
I~ ~
~_. i.l~ - - .,~.
;ii
~~
,
.= r
!~ ~
' ~~ ,; ~; ~~ ~` ~e~ ~~ ~j~~~~~~~~'~~~~~~ ~sa~l~ ~~~~~~~s~~ ~~~~i 1
~, ~
, ~ ,~l~, j~ R~ 3 ~€ {.~ e
~ ~i t u~e v, ~ ~, G ~° ~^ a a x p ~
~~ R A~ (~ ~~& a F x
~' ~ E¢c ~ `F P~~ Beg~~ ~ ~ f ~... c ' .
~~ i *- ~ I~ ~~as sie~ a~a~ i.~
~~~ ~ ~ ~ `s ~ e s' ~i `~ ~ ~, s6s m4.a s44 p~~sc er,a ,....e nr~a ~
~ ~ L. ~
e i
~4J/P Vr/V
~ . T~ .
0
~ ! € ~ t ~pPY °°- ~V ( ~
~[ y-{
(~ s~~ (x£ i I E ~~ % ~ ~~~ oa . m~ ~~ ~ ~ i I ' I`~ (
p n
~ I i.owE oF ~LLD8C8~~~o g s ~u f
pIy~ KENAI i I $ p Its ~ I I. Fy~~~..
O• k~ NENA1 ANOHA t-~£ M~~ f '. r r M~~ ~ I 1~ I ~ I IB ` I
i I Tm.r~m.n«. . ......... . .. a. . '.
I k~
, ; P~aae ~ -- ~
t.; ~ ~ ° d~~-
~~ ~,~~~~~ ~~ . I
~ ,~ ~° ~ ~
~ ~~
~I`~~ ~a~a~ i9&~ e ~ !
n
~ e^~ ~ ~~ `~ ~~ !~~ ~~~ ~.
I' i I ~
~~ ~ ~ '~'
~j) ~'
i Ii~
~ L _ ~ ~
~ ~ ~+~ ~~ ~~. i~ ~ ~~ ~~ _ ~I a~ ~
t ~
;\ ~_ ~.; ° ~\ ~k€~ gi~S sssa zia~.li ~~;
Y ~ . . I ~ ~~ ~ ~fia8~- i AE&~~ Cre,
~.,~ ~ ~_ l ~ d ,-~ 1 _~1~E~~-:
~ V1 _~ i
S
~ ~ ~
~ xi ~gy~ . ~1~ ~ ~~~~ o Ix I ~
~~~ `\~ @ -.$~ ,~~a~ ~ "'v~; ~
~~~ ~. Y~ ~ a ~V~
te Jm ~ ~ - ~ ~ e ~~ ~' ~) I~I ~~
~ ~ Ee ~ ~ ~ i €~ ~ ~
~ .F',~ ~~\... .. ~'I~ € _ ~ ~~-J1~I~
~ ~,, y , ~ ~ , , ~~,° f, ,,~~ ,; ~
~ I: i
~ ap
~~~~~i'~ ~b~ ~6 ii~'~i
~ d ~~ .5 Ec g4 IitB ,
~~ "~"~ i sa
~ ~ ~ ~
~ ' ~~ ~ ~
a~'-~
`.. ~~ ~.'( ~' ~~ ~ i ~ °~ ERB ~ ~ rcty
~, ~~ ~ i f t=~ ' ~ ~:~~g~
F- i
\~ ~a `~ I yus1yn~ 1g ,I
'. ~~ 0 E 8 ~ ~ ~Yy 1, ~~
1
~'~ 1
V ~ ~~~~ ~ I ~ ~° .. ~~~~ ~ I
1
~ ~ @ i) ~
I
~ ~ ~ ~ gs ~S
s
~~~ '' ~ i~ s I/~i~i ~ ~I
,~~~, 3 ~ ' ~ r ~'
1 `,'~ ~
SR
_ ~ ~ ~~ ~. ~ ti ~~ 'I
/ ~ ~,~~
I l.~ _ ~
i • J •
5 ~, e ~ ~
~~ ~~1\ `?I~ Bg~~R '^~ ` '~id ~ii~~ ..
~ ~~~°~ ~ ~ i
~ ~
~ ~\~ ~ z_~ u.~~ . i
~ '
~ ~ ~`L~~ ~ ~ s ' ' !
~ ~ ~p~<~ , - . _' ' j
~ ~ I ~ SF~ ~ ~ ~ ~
. iI ~ ~Ii . . _.
c r ~~p ~
i ~ k= ~ ~~ ~~€ C
oa gd+ ~ ~~ a r
s e r P-P
s 5 E a €i.s ~ ~
f! 6 ~ ~ Q ~ ~ £€E~ k ~ft i ~
.~ ~ t~R ~ 8 I ~k~ ~P ,.}
~ ,~ ~ ~ ~ ; ~ ~ „p ~ ~ ~ ~ ~ ~
~ ~ ie3F ~ . i ~~ ~ @~ ~ ~ ~ ~ ~
~ ~ €~R ~ ~ ~ ~ ~= i~,
i ~ ~ 3*~. ~~~.c ~~~~~~~ '~f R~¢ ~ £g~ ~J
f ~ ; ~,~
fi ,
i Or R~-.V 4~
~~ R ~{ aaao~ a oanxnoFV nH K ~ d€
N c 5 I•. ~owESOV p~ o pG ~@ ~ j, G ¢ s 8 ,~,
~ ~~ ~~~~~ , E s~ ~°~~~~ .,,. , , ,.ol ~ ~ ~ ~ NI
p ~~p ~ KeNAI ~~~G ~~ ~ ~ 8 N *~' ~' §'~'c ~~ ~ ~ ~ ~ ~ ~PIN°
° KEYAI PLASKA
. . . . . . . ~~ '. .
i ~
~ ~ ~
~_ -p~- ~-_ ~ ~ _ ,
~, ,~~~~:- =~,°'~°' ~ -
. ~~
_, t =-~_ ~
~e ~ - ~~ ~ ~ ..~
G
I ~ ~ , ~s
,
~ ~I I'~
~ ;i ~~ i~ ~, ~
~
_ ; ~~I' L i I
~
,.
~~ ~-- _ y ,~ 4 ~ ~ ~a ,~
\, , - ~,~ -
, , ~ i
~ ~ ,
, ^
~ _ i~
\ '~ ~ -_~~~-- ' h;- ~
~_
\~ ~ "- ~
r ,-- ~-~- "~~~ =-~.g'p r J~-` ~ ~ ',
~ ° k a o
~ ~ ~ ~ ~61 ~ ` ~~~ s
~~~ ~A ~ !~ ~ ~a~ ~ ~ ; ~ ~ ~ ~, ( .c~ ,
i
~l o r ~i ~i ~ ~ ~
~~~ ~~ ~ ~ ,I ~ ~I~'~~~'~~'
, a ~ ~~ ~ •~
~ ,, , ; ~,,,~ ~
,
Y ~ ~,
~ ~~~ ~ ~~~~ --- ~~ i ~~ ~~ ;
r ~~g~~g`~ ~ ~ ~ ~ ~ ° !
~~E~" 'I ~~ ~ '" P o- ~ i,
~ ill ~a ~, . ~ =i (
ryp~, ~
~~~~\~ a ~ " ~~I;.
w a ~ t'
F< ~ r 1I ~
~ ~r ~S 1 ~' ~~ I i ~F
. ~~` ~ \~ ~ ~~~ ~e
~ z ~ il $~~ ~ I
. . ~\ ~ ~, I 3P~~ I ~I'll.'.I~ ~
~ ~~ I I ~ (e m ~
~ ~ ~
~~~~~ ._v~~ ~. I~1~~ ~ : ia lI' m..
i ~ ~ ~ a:~ A~1 i ~i '~, i ~~ ;
~~ ~.Y, ~ ~ ~ i ~ i i ~
. `~ \\ \ a~,3 I ~: ~ ~ ~; :
~~ ~ a ~ ¢~k ~~ Q 1-. .~ ~ ~ ~~~ ~~a . ~
i L ~ (i
` ~ ~ _ i
~~~ ~ ~~~ ~
~~` ~ ~ i
~ \ ~ 9§ ____ ___ __ ~n~
~~ e ~ s ~
i \ £q~l \~`;\ a~ ~ 9~ i:
i
4
~V~~ ~ 1,~~ ~ _... ~ ~ ~
\ \.! ~- - - , ~ ~~~' !
~ ~\ ,'`~~ .=- - -=~
5
~ ~o~~~o
s ~ ~i~-
~ ~g~~~~ ~~ ~~ ~g ~~ s ~ . . ,oaaa I ( I ~ , I
~ 4~ ~3 ~@ ~e ~B ~ ~ ~ ~
,. ~ iil i~`i ~ ~ 6a~ffia ~~ ~~ ~'~ d~ "~ ~;, . x. z I I R 5„. ~~ i
'g. ~~~~a ~ ~g ~~ „ I
~ ~~~ ~y~E ~ a~~ ~ ~g@ ~A ~~ ~g ~~ s;€€ a~~~~x £ s. aig's '~s~p£az~ ~i ~
I ~ ~ ~ ~~~~ ~' ~g~~ ~~ °~~ ~~ #~ ~ ~~~~ots~'a,~~t°~ .5~~~~~ ~' ~ ~
~ tl (
i e 's 5
i I . R~~~~ @~ ~~ R~ ~~ ~ ~ ' ~ `~r ~ x x ~ € l ~
i:, ~
aei Pe~ng~~~ ~ ~'
O yT£~ef sne r mre> tn( ~~~ z~ofi~SGOC~ ~ 9 ~°5~ I B!
~W ~i ~o~so~ ~ ~_~~~~ . ~.s~a ...ef ~ p~ ~ ~~ ~ ~
o ~ ~ ~~~~~~~ ~ ~ q~.F ~k ~p ~ ~ ~ ~p,~
e KFIJAI~AlA6K4 '~ ~' b~9 uo ~ :f" I I I lyl~~~
~.,..:-...~..,... ..
~ ~
s
:;~ ~'k9<
~',; `
[:K r
~~:...~. .ev
& ~~ °P ~~ 7.. .
: r . . .." „ _' „_.~,< •
e
~x :ce- •`x~. -~ .
.~
: •. rr
. .. . ~~..e. e ~.:._~..e ~~ ,. ~ ..
i< r
r
r- , .r r.
.~ .. ,~x r, ~~r r
~~ [
.:,~. ~.
v
.rrrr~
~.~. r ~.et_s ~~_:._:r,,,g~ .r
"[E~:~[4 ( SYi[C ~
[(:
f
i ~~ (
g i
d:r. e , x°s~ P _ _
' F4fr~
£' `s ~
9 p~
[~ ~ ~ e g MWI
[(. ~[:
<~2
~
°"i . 4e [
...F.p.r~ e
~..
r FE E
.... ....L.E:F.f'p .Y's_~-.w?S"~v:~drlP[:::e'::
@ e
- ~~.~.~ ~..'.F...~;~
" 5 e f6 ~.83pSb3 e
~ 5d y e t e 5rSy E¢ S° C'
~
~
~ e ~ ~ •
t
~~Q~~~i6~~(~
5~~~~~~F_AS&A~~1~ {
pPRp ~
{~
~~~P~~jP~ '~~~
P~p i~~~~~ G~ d, ~~ ~
¢
s€j
9SgF€~
i ~
~#s}
F
36
&g b ~~.~
E'~
F
~
€ E ~
~
Ei
-~
~ a a-a
~
~
:
1
D
9 ;
~
~ ,
a
~
~
~
~
~ "YAF
~
.
.
g
€ Ei ~
~ m ,m-"R u"oa'
Q
j @~q~~~t~ iA~~ ~~~~ SB
~ ~ S
£ ~~
~ ~
~
~
€ E$ Y_~
~ F~ € ~ ~dl
~ Y~~-.
~ ~ - -0 -~ :
A ~ k I g s e
I
z~~~'ad ee $x 6- r
~ r
• ~
s ,
f tl~r
.x f~~~
i
~ ~p~ 3 6 r'
sy- d~aa 2 i~
g ~
~
'
~
I~ ..e
.
~
.
~
~
~
~ S ~
~
~ ~ .....o
r~
~
~
o-
g e € ( ~g d
a . bae
~ g
~
~ ~~
° ~a li~,~ '7 ~ ~ ~
d
~
~ 9
, P F
~
e
.
6 K~
.'. ~
~ .
t
~ ~
~ . ; ; e F 3
€ ~
~
~ - ~ .,
aw¢s
~. ~
q
d £
~ E
~
.~
I
O
~ }
E P ? ~ 9 F
' ~
! b u
m
k _ O
~ ~
~•
y 4 @
F
P! i6
@~
~
~ d Zg R
Sf ~ C ~ S
P
~~ s Sodp9 6F ~ee ~:5{
~~~~ ~~~
£
~~~~
~ - a..~... ,
~Y~
~
g
~
Cq4%~F6~Y$
iie
(~r~ ~E~
y d
~Yib
~g~8E~
~
~
a~ Y
I
E4
~
¢~
~ y
~C
65
4
4
e
a~~~
b~~~
- 0..~..,~am
... ~/
.C°~ ...e~
~,g
3
~
pLi
et ~
d's x ~
g~ €g ~~~S~~~jd'
~ ~y
zr'6
~8 ~ ~ `
~ 6 ~ ~~
fii ~
~
lb @ t ~d $
S~ ~ ~~ ~r~.,
.
g
c4~g
i~i-!~eH~~'~ 96 .s s E
o Y t ;
~
~ p
~21%( 4~~ .E ~~~ ; , ~.~ I
. ~ .
ePb ~g z~ESSr[a ~[ gF e
~ ~K
i" a~
$~~~ n ,~
,
~ ~ ¢
~~ ~st ~pa ~a~~ `
~lz
fau
s
; _ ~~
k ,ef~
~s
a
, g€ ~~
~
e
~~
a F} ~5 ~
~
~
t €
~ p
+~ ? ,
~ s€ t ~t~ o
B~ ~~~qeE,. Sd,~~~~
.
~~~€~q~ ~ e~~~ > -
~
a~n
e
<-0
i~
~~
~
'
6 ~ b
~
~ -~
~
At~ gse~sE~ e t~EGa~kp~p p
~ t~
i
~ L
~l1
i
.
~pv-~T
zT~~
~ ~
kF $ ~A@ ~
~{
1 5
c~9~Ak'1 v
~
~1
~
o'=E~~ ~[.. b_~ ~~~~3~ y y~~ V± --_-0 ._ 4 1-e"O
~
~ '~ ~ _`
.fl
Gq E S ~ ~ ~......~ 4~1 I
~
~ ~ bF ~Y
m ~
f
a: i ~ ~
` I
. ~r
°~ -0 _~ .
I -
I
-..
..._~ i
I ~
I
'
~ _
~~ „.py
°i°~ ~i
I I
I
0 Q
__~
C .A _
~- ' I ~ I~
~~ ~ ~
gd
,
~
~
-0
~ ~ ~ ~ ~- ~
~
-
- ~
¢ 7 ,.. ~
._ ~ ,
~~
-~
i ~~ ~
~~
~ -~
_~ _
~ , --~
- -0 _ ,
~-~
--
~
m ~.
~ - , ~-~ ~ ' , ~
~
~ ~ ~
o ~~~ ~ L, ~ ~
, ~
~ ~
~ ~ a ~~~ ~ .,
~ ~ ~ ; _ ~
m
y
i j. .~s~m~„~.
'~
-0 ~ I ~
-0 I
k ~ I
~' ~ I I -0
~~ i~e.
~ I,.,
.
1~
.
'
°
' °
~ ~
. ~
~
~ 1
_.~
`
. ~.
-_ .
.
~
4t. ~ .,mo
~
~ -
~
. .. T.,-0
~
,,,,
-0
i =~..
v .,... - .,~~, -
~
'~ ~ 9',. ~~
~
~ 4 '
~V
i I' -... _~ T
1" A
_ ~~
__ -
O Eb ~
. .a~
Q _ _
~
~
~+~m ~~ ~
~.
_ CI.
d d..~
«
a
•-~
!~
~
p
~
__... -
_
,
- -0
w
~>. ~~ ~
~ti =
~
~ -0
-`~ ~
._
a.~.
Y~ .U.:z.,~.. ~. ,~o
--_~ : a
i '~~. - ,> ~
I -~--~°J --
~
.~..a
a ~ .~ ~
-- ~
_ v
H4
--0°
~ ~ ~ ~ Q ~ ~ m
I ~ "-0 Q
'_~'~
~ aF6 A' ~
J ~T I
C aus
~
~ z ~Q . ~~ . . ''Y'
~' ~
i ~f' - ~ 4...-T,. S
n ~ 0
~
~ ~
G
4
~
~
~
s ~ ,..
I ~~ i
.~' *~-~.
~4~
~
O
~~
~
~
~
;
, -.-0 ~
o
s
~t_ _ J
~
"""
~, ~
.
~ ~ .
G
~ ~ i . ~ o a a~ i ~ i-~J
N
I tf ~
I ~
~ W
' p
•Ii ~I6 R
T ~
I J',
A
-
~ A
f ni I f -
I ~ ~~_ -
w {
on
F.lli
m ~ [ A
A F
, F * <
Iv
~
I I
;l
. I
~ .
y I yl I I
I O)__ ___. m
' - ~~ ~
~~~ ~ C
I< ~
~~ ~ O
r
~
...o ~
O
~
Z~
.
~
i ( > ~I~ p~.'.~-~..m
D
.
w.ai i~.
~
'~ Q d
~
' -na
~
~ .r2 B~ y ~IO
2 `i&9
2
'
ig IZ k
~ B ~D ' . w~ ~cn+
m~ '
,
D~&z~tli~e:eoeE os r
1~~~ '
~
t€F '
~i
~
~ i
' pa
N k
IO ~ KEpAU ~ pp~g~C
~~'.VWG~S ~
~ > My
E9~
~
(
~ F I IC o:.
.
p
~ i
~
°.
=4 ~ l=
N
~
i
-
Suggested by: Administration
CITY OF KENAI
Of2DINANCE NO. 2195-2006
AN ORDINANCE OF THE COUNCZL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE AT KMC 1422.010 (LAND USE TABLE) AND 14.20.320
TO PROVIDE FOR RESIDENTIAL DEVELOPMENT OF UP TO SEVEN OR MORE
FAMILY DWELLINGS AS A SECONDARY USE IN THE CENTRAL MIXED USE ZONE
AND PROVIDING FOR A DEFINITION OF "SECONDARY USE."
WHEREAS, the City of Kenai has created a Central MiYed Use Zone (CMUj at KMC
14.25.125; and
WHEREAS, allowing residential development in the CMU Zone as a secondary use
would further the concept of a miYed use area; and
WHEREAS, allowing residential development as a secondary use would require the
development to be coupled with a principal pemutted use; and
WHEREAS, a principal pernutted use requiring a landscaping/site plan review should
include the secondary use in those plans; and
WHEREAS, the definitions section in KMC 14.20.320 should include a defmition of
"secondary use."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.22.010 and 14.20.320 are amended as shown in Attachments A
and B.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: October 17, 2006
Adopted: November 1, 2006
Effective: December 1, 2006
y O M
0 O
N
o~~
O d
~ p~ W
L ~
~
y ~ O
~ O +•
~~a
o m
H
O
2
W
J
m
Q
r
w
~
~
0
z
J
~
a
~
~ ~ N 2
~ ~ d
a ~
m o ~ E
~-= c o
~ c °u .
~I ~I ~I ~I NI U U V
F. P. U V U U U U
a. a. o. fu a. U Z, U
c. P, Z, Z Z U U U
U ~U ~V 'z z ."V '~ ~Z
v~ U U U U U U V
v~ U V U U U U U
~ ~ :~ ~ y U U U
p., p., C. P, i U V U
P. W a. 0., P, U U U
a. a z z z ~ ~ ~
c. w z z z U U ~
~'I o. w W F. '~ U U U
P. P. V Z 7 U U U
0. F. W V V U U U
U V U U U V z C.
C
b- ~
°- 3
nc ~
v c (a
~ Q UL >a
C ~ ~ E ~ 'O
F T - m y '
Y ~ Q (Jy tC a~
~3 ~ Q >' w 0.' fYr ~
eL~. 1 Y .
>' y T ~ iG OvN~i O ~
~ S t~C i! ~" O "r'~ 9
W H ~ VJ G C ~ G•
Qy IQ4 IQ4 IQY (Q' I~1 (Q4 Idv I~ I~1 I7 IQ4 (
z z ~ ~ ~ ~ u a w v u v
',~ 2. V U P. a. P. a U U U U
'Z U U U P. U 0.+ U U ~ ~ W
z z z z z z z z z ~ z z
P+ C, U U 0. U U W U C. P. U
W W W 0. P. F4 W C. W W ^ti U
w P. W P. PK A. W W a P. a W
F. W W ?i W Pr W F. G P+ Pa Pr
U U U U U U U o, U U U U
z z z z z z a_ z z z z z
z z z z z z z z z z z z
Z IL U U U V U U U V V U
' U U U U V U V V U U U U
U U U U U U U U U U U U I
z Z Z Z z Z Z 'z Z Z 7 Z, ,,.
0
R
G
o
y d
_
>
L
c! ~
°
a
V] V] R
~
V]
>
O
O
~
d tdJ
~
Vl
~
O
O
o
Q
~
C
ca
60 d
~
C
a
N
~
~
o
Co
u
.
L
V]
~
^
CJ
"
y
O
~
~
~o
i-'T'+
Y
'6
o
~l V
~
~
C
N
O
L
0.
,
C
=
y
m
GL
u
c
~_
~
~
~
'L~ y
C
7
Fq
~
~
O
s
'~i L
E
`~C
o
V
L
w
d
.e
H
- o y o
>a U~nZ
W 11 II ~1 11
Ya U~nZ
Q N
C O
~~
L d
U. N
~
0
0
N
m
N
O
c
0
Q
v `o '
c
~ ~ '~
~ N b
~ d x
N
~ 9
O N
H
0
z
W
J
m
Q
0
Z
~
N
N
v
~ j N o
"' ' z
m
g m E
; a v
c $ a
~`,•...'.~ O N D
Wa~<nz
Y a U N Z
u Ialz Iv (z ( ~S'la Iw Ia (a (a. (a (a Ia (a (a, (w (c~ I (~IU (a I
~ .'.' .'. ~ H /-~ H .~i F :~; V
I~1 ~..~ 04 Q1 V V Qq
A V V V V V V ,~; ~ V V
M
V] ~,' :~: Vl z z Z U 'z .' V~ 0. W U U C~ U C.7 U ?+ W. W ~.7 ':' V] Z V
`N :~:~~ :! `~'~ .... . , :~:~ f"~ .. ;'.;i e-~
.G'~y ;'.:'~:~, Fry V z z U U ~',~~: '.Yr U y~ U U U U U U U U F. U :~:~: C4 U U
W W z ~ z z z W a a U a a. w a V a. a. a U W z ;G
'~ ..;, "~~ w w ~ a w > "~ a U ~ c~ c~ ~ v a ~ v a. c.> ;! x v v
„a~ ~ a. c+ v a w „a„ a. U w V U a, U a a w a U ` ~, U U
U <~ U a. a z a. a. ~', U a. a a o. w a w o. a. a w v ~: V v v
U Ci U °" °" z v c~ V a ~, a a a, a a a a w a U V U v
~ a v ~ z u ~ a a a u u ~ ~ ~ v ~ ~ ~ ~ ' a z u
a xz z z z z ~u ~, u u ~ ~ ~ v v ~ v ~ ~z u
a ~z z z z z av a v ~ ~ c; ~ ~ ~ ~ u u au u
a~~~~~: a u ~ v ~ u ~ ~ ,, v ~ u o o ~ ~ ~ ~ ~ !;~~~. ~ ~ ~
.,
~ ,. .~
~ a
v
~
u
v
~
; ..~
a
~
~,
v
~
~
v
v
~
v
~
~
u ,
; .,
~
u
U
~ ;: ~ ~ u z ~ u ~ ~ y V u c~ c.~ ~ ~ ~ ~ ~ ~ a ~ ~
U `~~'~ U F, Z z Z Z~ :~ U :J U U U U U U J U U o. U ~~~.~ U U U
y m
~ c ,~ ~
Q [/] Wy~ v~
~
~ u
f. "'~
~
~ ~
F~ °
O ~
' ~i~: .'7
9
~
h
d
`n
O
'°
R
~ ~
;
~ '-~~
'
q
~~
~ y
o
~ O
~~
F O
'~
4
~'
~'
.(~
Zi
y
p
~
4Yt ~
i. ~ F
. ~ k ~ ~
C (~' ~ "O S.
= a w ~~ d p"' F+: a d ? = ' a ' ~ a o ~
„ ~ o u ~ ~: a ,
u * ~
.t6. E 8
^ «
" _ ~ -
a C/1' C^ `
`o_ ~ ~" `o_ E a~i M~+i: C ~ ~ a~'i ~-' ai ~ n. R a'~i ~ ~ i~ C dS
¢ u~
~o
d N
L ~
U A
~°a
¢
O
O
N
N
rn
N
z°
U
O
v `o ~
o m o
c m '-
o ~ c
o a .~
U ~ `~
~ O C
v- O
~ O +
~ c a
o m
tii
r
O
z
W
J
m
Q
H
W
N
~
~
Z
a
J
~
N
E ~ N 9
d 3 i
a ~
m o R E
° °c a
C G U ~
>a`ciriiz°
w n u u n
YdUfnZ
~
~
Pr
Z
U
W
4
W
'~
W
W ~
y~
W
Ar
W
U
0.
W
U
Z
'Z
U
U
~=w V /.y V Q4 QI QV 7r QI QI ~ V V QI V QI V [-~ 7r Zi
x
V
] M U U V U 0+ Z U P+ U~ W U Pr U W C.) C.) Z Z
H
~i W U U U U ~ P+ U U U V U P+ V U U U U U
w Z Z Z U a W ~Z z z p,~ ~Z U C. U U W z Z 7
~ U U U U F W 0.i U W ~y U U P+ U W W U U U
~j P+ U U P+ U P. 'Z, R P+ ~ (++ U 4 U W W U V U
V F U U P+ ~ 0. Z 0. P+ y W P+ W O i~ L"+ U U U
~ W U U C1+ ~ P~+ 1~ P+ P. p,~ P+ M M U 0+ ?+ U V U
~ z, Z U :J C. P+ ',~ U U V G U .. U ~U U U U U
N
~ Z z z U U P+ Z U U U U U G. V U U Z U Z,
.r
~
z
z
z
v
~
a.
z
c~
c.~
v
c~
V
a
c~
v
~
z
U
z
~ U U U U U W 'L V U U U U Pw V U U U U U
.~
~
U
U
'Z
U
U
0.i
Z
U
U
U
V
U
Pr
U
U
U
U
V
U
a U U U U U 0.. P. U V U U U 0. U U d U U V
CJ C.) U z U V Pr P. C.) ,'~ U z Z p+ U U W U V U
x
x ii
~,
,
h
,i
°'„ "
~
N L ~ "O > ,
~w
> F4 ~j W L
y ,> y ~ ~ Vy L p [~i ~ a=+
W
U] "''
~ W V
' ~
i' E
OL U p C
P C H ~
~ R
4 ~ z
t7 r
i
R
rv ~
C y
a
C ^,
y~ O
~~ ~yj
u ~.
'~
y'd+'
~ G
~ y,i
O
~1 ~ ~~ ''~ ~ ~ d ._ ,j " r _ v ,~ " E s R g
@ = W c q° '> a`i F a'
y o~a ~ > in = ~ e°¢ 'J ae R
a
~ W L
m G
W
~ pp
O
Y L
N
O G
~ O
L~` S1
O L
Y ~"
4~
R W V
µ u u
~ a ~ L .n C7 _ ~ R~ 'u V O a v> >` o "
u W d
L ~ L y = O .~ R O OD b0 OO R y
F L _
~ L L ~ L
° °' E V E ~ E a°i ~ w v~ ~~ s s ° :
~' o w o
n
m
~
w
` y
~
'
>
>
~
~ o V a
i
m
~ u .
.
~ a o
o w ~
w s
.
~ o
~n m
ee
aw ~
r~u o
zx n
a, c
a
w i
a
a w m
xu m
a p
~n z o
v~ z
Q ~
~`o
E "'
m
L p)
0
~ ~
a ~
~ k
~
9
~
Q ~
"c ,a
0
W ~ ~
0
~ .5 N
o ~
~ w
~ ~
F 3 ~~, N
N S „
~ -0
~
0
°
. „ w
O
O
14.22.010 Land Use Table Footnotes:
l. Allowed as a secondary use except on the ground floor of the pari of the building fronting
on collector streets and major highways. Commercial or indush•ial development which
falls under the landscapin~lsite plans requirements of KMC 14.25 shall include any
secondary uses in the landscapin~ and site plans. ~
2. One (1) single-family residence per parcei, which is part of the main buildin~.
3. Allowed as a conditional use, subject to satisfying The following conditions:
a. The usable area per dwelling unit shall be tl~e same as that required for dwelling wiits
in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off-street parking, and other development requiremeilts shall be
the same as for principal uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable healCh
regulations;
e. The proposed dwelling group will constitute a residential area of sustained
desirabiliTy and stability; will be in harmony with the character of the surrounding
neighborhood, and will not adversely affect surrounding property values;
£ The buildings shall be used only for residential purposes and customary accessory
uses, such as garages, storage spaces, and recreafional and coinmunity activities;
g. There shall be provided, as part of the proposed development, adequate recreation
areas to serve the needs of the anricipated populaYion;
h. T'he development shall not produce a volume of traffic in excess of the capacity for
~~ ' which the access streets are designed;
i. The property adjacent to the proposed dwelling group wi11 not be adversely affecfed.
4. See "Townhouses" section.
5. See "Mobile Homes" section.
6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any
mobile home park meets the minimum Federal Housing Authority requirements.
7. See "Planned Unit Residential DevelopmenY' section.
8. Allowed as a conditional use, provided that the proposed location and the chazacteristics
of the site will not desiroy the residenfial chazacter of the neighborhood.
9. Allowed as a conditional use, pxovided that all applicable safety and fire regulations are
met.
10. Provided tha2 no part of any building is located neaxer than thirty (30) feet to any
adjoining street or property line.
11. Allowed as a condiCional use, provided that no part of any building is located nearer than
thirty (30) feet to any adjoining street or properry line and provided further that the
proposed location and characteristics of the use will not adversely affect the commercial
development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site will
maximize its benefit to the public;
b. Exits and entrances and off-street parking for the use are located to prevent traffic
hazards on public streets.
Ordinance No. 2195-2006 Attachment A
Page 4 of 5
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions
are adequate to assure that the use will not be a nuisance to sunounding properties. The
Commission shall specify the conditions necessary to fulfill this requirement.
14. Allowed as a conditional use, provided that no indication of said use is evident from the
exterior of the mortuary.
15: Allowed, provided fhat the following conditions are met:
a. An uncleazed buffer ship of at least thirCy (3p) feet shall be provided between said use
aild any adjoining property in a residential zone.
b. Exits and enCrances and off-street parking for the use shall be located to prevent
traffic hazards on the public streets.
16. See "Conditional Uses" section.
17. See "Conditional Use Permit for Surface ~xtraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government
lands.
19. Deleted by Ordinance 2144-2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC
14.20.070(a), except that for properties contained inside the airport peximeter fence or
having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA
authorized uses are allowed.
21. Development for use shall be the same as those listed in the "Development Requirements
Tables" for the RU/TSH zones.
22. Allowed as a condiYional use in conjunetion with a permitted use in the ED zone. For
example, housing for teachers or students far a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For
example, a dormitory used to house students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunetion with the primary use (e.g. a
gift shop or coffee shop within another business).
25. Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries,
fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26. Food services are aliowed on a temporary or seasonal basis of not more than four (4)
months per year.
Ordinance No. 2195-2006 Attachment A
Page 5 of 5
14.20.320 Definitions.
(a) GeneralInterpretation.
(1) Words nsed in the presenttense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "IoY' includes the word "p1oY' or "parcel."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land ox building shall be
construed to include the words "intended," "arranged" or "designed to be used or
occupied."
(b) Specific Definitions.
"Accessory building" means a detached building, the use of which is appropriate,
subordinate, and customarily incidental to that of the main building ox Yo the main
use of the land and which is located on the same lot as the main building or use. An
accessory building shall be considered to be a part of the main building when joined
to the main building by a common wall or when any accessory building and the
main building are connected by a breezeway.
"Accessory use" means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel
of land.
"Administrative official" means the person charged with the adminis~ration and
enforcement of this chapter.
"Agricultural building" means a building used to shelfer farm implements, hay,
grain, poultry, livestock, or other farm produce, in which there is no human
habitation and which is not used by the public.
"Alley" means a public way designed and intended to provide only a secondary
means of access to any property abutting thereon.
"Aiterationa" means auy change, addition, or niodification in conshuction,
location, or use classification.
"Apartment house," see "Dwelling, multiple."
Ordinance No. 2195-2006 Attachmenf B
Page 1 of 8
"Area building" means the total of areas talcen on a horizontal plane at the main
grade level of the principal building and all accessory buildings; exclusive of steps.
"Automobile wrecldng" means the dismantling of used motor vehicles or trailers
or the storage or sale of parts from dismantled or partially dismantied, obsolete, or
wrecked vehicles.
`Bed and Breakfast" means a residential, owner-occupied dwelling in which
rooms are rented to paying guests on an overnight basis with no more than one (1)
meal served daily.
`Boardinghouse" means a building other than a hotel where lodging, with or
without meals, is provided for compensation for three (3) or more persons, on other
than day-to-day basis and which is not open to transient guests.
`Building" means any structure built for the support, shelter, or enclosure of
persons, animals, or property of any kind.
"Building Code" means the building code and/or other building regulations
applicable in the City.
`Building, existing" means a building erected prior to the adoption of the
ordinance codified in this chapter or one for which a legal building permit has been
issued.
"Building height" means the vertical distance from the "grade," as defined herein,
to The highest point of the roo£
`Building, principal or main" means a building in which is conducted the
principal or main use of the lot on which said building is situated.
"Cabin rentals" means the renting out of one or more individual, detached
dwelling units or buildings to provide overnight sleeping accommodations for a
period of less than thirty (30) consecutive days.
"Cenferline" means the line which is in the center of a public right-of-way.
"City" means the City of Kenai, Alaska.
"Collector street" means a slreet located and designed for the primary purpose of
carrying through traffic and of connecring major areas of the City. Uniess othercvise
designated by the Commission, collector street shall be defined on the plan for
streets and community facilities in the comprehensive development plan.
"Commission" means the Kenai Planning and Zoning Commission.
Ordinance No. 2195-2006 Attachment B
Page 2 of 8
"Conditional use" means a use which is permitted under the terms of this chapter
provided that under the specified procedures, the Commission finds that certain
conditions, specified in this chapter are fulfilled. Conditional uses are listed in the
Land Use Table.
"Condominium" means a common interest ownership dwelling in which
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely
by the owners of those portions;
(3) The undivided interests in the common elements are vested in the unit
owners. In the Land Use Table (KMC I4.22.010), "condominiiuns" shall be freated
as two or more family dwellings. For example, a four (4) unit condominium
building would be treated as a four (4) family dwelling.
"Coverage" means that percentage of the total lot area covered by the buildiilg
area.
"Dweliing" means a building or any portion thereof designed or used exclusively
for residential occupancy ineluding one (1) family, two (2) family and multiple-
family dwellings, but not including any other building wherein human beings may
be housed.
"Dwelling unit" means one (1) or more rooms and a single kitchen in a dweliing
designed as a unit for occupancy by not more than one (1) family for living or
sleeping purposes.
"Dwelling, one-family" means any detached building conTaining only one (1)
dwelling unit.
"Dwelling, two-family" means any building containing only two (2) dwelling
units.
"Dwelling, multiple family" means any building containing three (3) or more
dwelling units.
"Essential service" means the erecCion, construction, alteration, or maintenance by
public utility companies or municipal departsnents or commissions, of underground
or overhead gas, electrical, steam, or watex transmission or distribution systems,
collection, eommunication, supply, or disposal systems, including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants, and other similar equipment and accessories in connection therewith. This
defmition shall not be interpreted to include public buildings.
Ordinance No. 2195-2006 Attachment B
Page 3 of 8
"Famity" means any number of individuals living together as a single
housekeeping wiit in a dwelling unit.
"Fence, height" means the vertical distance between fhe ground directly under the
fence and the highest point of Che fence.
"Floor area" means the total of each floor of a building within the surrounding
outer walls but excluding vent shafts and courts.
"Frontage" means all the property fronting on one side of a street between
intersection sYreets.
"Garage, private" means an accessory buiiding or any portion of a main building
used in connecrion with residential purposes for the storage of passenger motox
vehicles.
"Garage, public" means any garage other than a private garage, available Yo the
public, operated for gain, and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting, or equipping of automobiles or other vehicles.
"Grade (ground level)" means the average level of the finished ground at the
center of all walls to a building. In case walls are parallel to and within five (5) feet
of a public sidewalk, the ground level shall be measured at the sidewallc
"Guest room" means any room in a hotel, dormitory, boarding, or lodging house
used and maintained to provide sleeping accommodations for one or mare persons.
"Guide service" means any activity on any premises used for collecting or
returning persons fxom recreational trips when remuneration is provided for the
service.
"Home occupation" means an accessory use of a service character customarily
conducted with a dwelling, by the residents, which does not involve the conduct of
trade on the premises.
"HoteP' means a building or group of buildings containing more than five (5)
guest rooms used for the purpose of offering public lodging on a day-to-day basis
with or without meals.
"Junkyard" means any space one hundred (100) square feet ar more of any lot or
parcel of land used for the storage, keeping, or abandonment of junk or waste
material, including scrap metals or other scrap materials, ar for the dismantling,
demolition, or abandonment of automobiles, other vehicles, machinery, or any parts
thereof.
Ordinance No. 2195-2006 Attachment B
Page 4 of 8
"Loading space" ineans an off-street space or berth on the same lot with a
building or structure to be used for the temporary parking of commercial vehicles
while loading or unioading merchandise or materials.
"Lodge" means a building or group of buildings eontaining five (5) or fewer guest
rooms used for the purpose of offering public lodging on a day-to-day basis with or
without meals.
"LoP' means a parcel of land occupied or to be occupied by a principal use and
having frontage on a public street.
"Lot, corner" means a lot situated at the junction of, and bordering on, two (2)
intersectin~ slreeYS, two (2) platted ri~hts-of-way, Ywo (2) government easements, or
any combination thereof.
"Lot eoverage" means that portion of the lot covered by buildings or structures
that require a building permit.
"Lot depth" means the horizontal distance separating the front and rear lot lines of
a lot and aC right angles to its width.
"Lot line, front-corner IoY' means the shortest street line of a corner loY.
"Lot line, front-interior lot" means a line separating the lot from the street.
"Lot line, rear" means a line Chat is opposite and most distant from the front lot
line, and in the case of irregular, triangular, or gore shaped lot, a line not less than
ten feet (10~ in Iength, within a 1ot, parallel to and at the masimmn distance from
the front lot line.
"Lot line, side" means any lot boundary line not a front lot line or a rear lot line.
"Lot width" means the mean horizontal distance separating the side lot lines of a
lot and at right angles to its depth.
"Manufactured housing" means a dweiling uniY that meets Deparhnent of
Housing and Urban Development Standards for manufactured housing and is wider
Chan sixCeen feet (16~, has a roof pitch of 4:12 or greater with roofing and siding
common to standard residential construction and is transported to the site and placed
on a permanent foundation.
"Mobile home" means a strucYure, which is built on a permanent chassis in
accordance with Department of Housing and Urban Development Standards and
designed to be used as a dwelling unit, with or without a permanent foundation
when eonnected to the required urilities. A mobile home is subject to all regulafions
Ordinance No. 2195-2006 Attachment B
Page 5 of 8
appiying thereto, whether or not wheeis, ~les, hitch or other appurtenances of
mobility are removed and regardiess of the nature of the foundation provided.
"Mobile home park" means a siYe with required improvements and utilities for the
long-term parkiag of mobile homes which may include services and facilities far the
residents.
"Modular home" means a dwelling conshucted in modules or sections at a place
other than the building siCe, built to conform to Title 4 of the Kenai Municipal Code,
is transported to the site and then assembled and placed on a permanent foundation.
"Motel" means a group of one (1) or more detached or semi-detached buildings
containing two (2) or more individual dwelling units and/or guest rooms designed
for, or used temporarily by, automobile tourists or transients, with a garage at2ached
or parking space conveniently located to each unit, including groups designated as
auto courts, motor lodges, or Courist courts.
"Non-conforming lot" means a lot lawfully existing at the time this ordinance
became effective, which by reason of area ar dimensions, does not meef the
development requirements for the zone in which it is located.
"Non-conforming structure" means a structure or portion thereof, lawfully
existing at the time this ordinance became effective, which by reason of its yards,
coverage, height, or other aspects of design, does not meet the developmeilt
requirements of Chis zone.
"Non-conforming use" means a use of a structure of land, or of a structure and
land in'combination, lawfully existing at the time this ordinance became effective,
or established on the premises of a previous non-conforming use as specified in this
chapCer, which is not in conformity with the uses permitted in the zone in which it
exists.
"Nursery, children's" means any home or institution used or maintained to
provide day care for children not more than seven (7) years of age.
"Parking space, private" means aiiy automobile pazking space, excluding
garages, not less Chan nine feet (9') wide and one hundred eighty (180) square feet in
total area.
"Parking space, public" means an area of not less than one hundred eighty (180)
square feet exetusive of drives or aisles giving access thereto in area accessible from
streets and alleys for the storage of passenger moYor vehicles operated by individual
drivers.
Ordinance No. 2195-2006 Attachment B
Page 6 of 8
"Person" means a naYural person, his heirs, executors, administrators, or assi~ns,
and also including firm, partnership, or corporation, its or their successors and/or
assigns ox Yhe agent of any of the aforesaid.
"Planned Unit Residential DevelopmenN' means an alternative method of
development a residential neighborhood under more flexible conditions that ofher
required in a specific zoning district.
"Principal use" means the maj or or predominant use of a lot or parcel of laz7d.
"Profession" means an occupation or calling requiring the pracrice of a learned art
through specialized knowledge based on a degree issued by an institution of high
learning, e.g., Doctor of Medicine.
"Property owner" means the owner shown on the 1alest Yax assessment roll.
"Recreational vehiele" means a vehiculax-type unit, primarily designed as
temporary living quarters for recreational camping, or travel use, which either has
its own motor power or is mounted on or dxawn by another vehicle. Recreafional
vehicles include, but are not limited to travel trailers, camping trailers, truck
campers, and motor homes.
"Recreational vehicle park" means an area established by a conditional use
permit for the parking of Two (2) or more recreational vehicles on a temporary basis.
"Secondary use" (S) means a use allowed on a lot or parcel of land onlv if there is
also an ailowed principal use on the property.
"Service station" means any building, structure, premises or other space used
primazily for the retail sale and dispensing of motor fuels, tires, batteries, and other
small accessories; the insfaliation and servicing of such lubricants, tires, batteries,
and other small accessories; and such other services which do not customarily or
usually require the services of a qualified automotive mechanic:
"Sign" means any words, letters, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trade marks by which anything is
made lrnown, such as are used to designate an individual, firm, association,
cotporation, profession, business, or a commodity or product, which are visible
from any public street or highway and used to attract attention.
"State highway" means a right-of-way classified by the State of Alaska as a
primary or secondary highway.
"Street" means a pubiic right-of-way used as a thoroughfare and which is
designed and intended to provide the primary means of access to property abutting
thereon.
Ordinance No. 2195-2006 Attachment B
Page 7 of 8
"Structure" means that which is built or constructed, an edifice or a building of
any kind, composed of parts joined togeCher in some definite manner.
"Townhouse" means single-family dweiling units constructed in a series or group
of two (2) or more unifs separated from an adjoining unit by an approved party wall
or walls, extendin~ from the basement of either floor to the roof along the linking lot
line.
"Use" means the purpose for which land or a building is arranged, designed, or
intended, ar for which either land or a building is or may be occupied or maintained.
"Variance" means the relaxation of the development requirements of this chapter
to provide relief when the literal enforcement would deprive a property owner of the
reasonable use of his real property.
"Yard" means an open, unoccupied space, other than a court, unobstructed from
the ground to the sky, except where specifically provided by this ordinance, on the
same lot on which a building is situated.
"Yard, front" means a yard extending across the fuil width of the lot between the
fronC 1ot line of the lot and the nearest exteTior wa11 of the building which is the
neazest to the front lot line.
"Yard, rear" means a yard extending across the full width of the lot beYween the
most rear main building and the rear lot line.
"Yard, side" means a yard on each side of a main building and extending from the
front lot line to the rear lot line. The width of the required side yard shall be
measured horizontally from the nearest point of a side lot line to the nearest part of
the main building.
"Zoning change" means the alteration or moving of a zone boundary; the
reclassification of a lot, or parcel of land, from one zone to another; and the change
of any of the regulations contained in this chaptex.
"Zoning ordinance or ordinances" means the zoning oxdinance of the City of
Kenai.
Ordinance No. 2195-2006 Attachment B
Page 8 of 8
I
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2196-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.240(c) BY ADOPTING MOBILE HOME STANDARDS FOR MOBILE HOME
PARKS WITHIN THE CITY OF KENAI
WHEREAS, KMC 14.20.240(c) allows mobile homes for residential use in rnobile home
parks within the City of Kenai, and,
WHEREAS, KMC 14.20.240(c) does not provide for minimum standards for mobile
homes brought into mobile home parks; and,
WHEREAS, such minimum standards would improve the safety, aesthetics and living
conditions in mobile homes in the City of Kenai; and,
WHEREAS, it is beneficial to residents of mobile home parks to provide for minimum
standards for such moUile homes; and,
WHEREAS, such minimum standards would benefit the mobile home parks and
nearby property; and,
WHEREAS, it is in the best interest of the City of Kenai to provide for minimum
standards for mobile homes in mobile home parks; and,
WHEREAS, the minimum standards adopted in this ordinance would apply to mobile
homes placed in mobile home parks after the effective date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.240(c) is amended to read as stated below.
14.20.240 Mobile Homes.
(cj Mobile homes for residential use may be established only in mobile
home parks as pern~itted in the Land Use Table, subject to the
following mobile home standards.
(1) No mobile home mav be Alaced in a mobile home park until it h
homes must meet the National Manufactured Home Construction
and Safety Standards and displav a seal certi~ in_ that it was built
according to such standards. Inspection mav be done bv
submission of photo raphs or phvsical inspection at the discretion
of the Buildin~ Official. Placement of mobile homes in mobile
exqire 90 davs after the date of issuance unless an extension has
been ~ranted. The fee for a mobile home buildin~ pernut shall be
Ordinance No. 2196-2006
Page 2 of 4
$100. The fee shall cover the costs of the initiai inspection and
subsepuent inspection of foundation, skirting, code compliance,
and entrances/steps. Access shall be orovided for the buildin~
insoector to insoect the furnaces water heater, foundation or
blocking, and verification of smoke and carbon monoxide
detectors. No wrecked or dilaqidated mobile home mav be nlaced
in a mobile home pazk. Mobile home spaces shall meet the
reauirements of the electrical code as adopted in KMC 4.30 and
theplumbin~ code as adopted in KMC 4.25.
(2) Foundations. Mobile homes may be attached to permanent
foundations; provided that the foundations complV with the citds
building code. Additions to such mobile homes on permanent
foundations shall be factorv-built additions or shall complv with
the buildin~ code and shall be attached to permanent foundaUons.
Mobile homes that are not on nermanent foundations shall be
blocked as specified in this section, and may have either factorv-
bullt additions or additions that compiv with the buildin~ code.
Such additions need not be placed on permanent foundations but
must be placed on preservative-treated wood or 8" bv 8" b~~8"
concrete pads or concrete masonrv units.
(3) Blockin~. In order that safe mountin~s for mobile homes which
~.., ...,~ ..~..... ...... ... ......u._.,._. _..~..w~...,__~ ___.. w~ _... __. _ ___-
minimum standards for blockin~ shall be as follows. Blockin~
shall be installed under the mobile home at the front and at the
rear and at approximatelv eight feet on center under the main
frame members on each side of the mobile home and under the
ton~ue if it is not removable. If wood is used for blockin~, the
~round or bearing block at each point shall be a minimum of two-
and one-half square feet but in no instance be lon~er or wider
than the block beneath. The biock that is in contact with the
frame shall be a minimum of two bv siY bv tweive inches nominal
the same length and width and len~th as the block above it and in
no case less than six inches bV twelve inches in area. The use of
a solid concrete pad not less than four inches thick and not less
than four square feet in area at each point of blocking. Ali such
differing from those described in this section mav be approved if
submitted for approvai prior to installation and approved bV
Building Official as consistent with the safetV standards and ~oals
set forth in this section.
Ordinance No. 2196-2006
Page 3 of 4
(5)
(4) Skirtin~. All mobile homes shall be skirted within 90 davs of
installation.
(6) Additions. Onlv one lean-to and one arctic en may be attached
to anv mobile home provided thev meet the requirements of this
section. Additions mav not use the mobile home for structural
support. No lean-to or combination of lean-to and arctic entrv
built or attached to anV mobile home in a mobile home park shall
have a floor area exceedin~ the floor area of the ori~inal mobile
home to which it is attached. No lean-to shall be constructed or
requirements that are applicable in the oarticular zone or mobile
home park in which the mobile home and lean-to are located, or
constructed within five feet of the nesct adjacent mobile home
space line. An arctic entrV is allowed at an exit/entry door from
the mobile home. Additions to mobile homes require a buffdin~
~ermit. Additions may only be made to mobile homes meetin~ the
(8)
standards.
(7) OutbuildinES and additional structures. Detached structures
shall not exceed two hundred square feet. Detached structures
shall be seoarated from the mobile home space bv a minimum of
five feet and no closer than ten feet from anv mobile home or lean-
to or other buildin~ in the mobile home park. Detached
structures shall require a building permit as required under the
residential code adopted in KMC 4.32. The construction of lean-
entrv side of the mobile home, a side vard of not less than 8 feet at
the non-entrV side, a rear yard of not less than 10 feet and a front
(9) Space size. Each conventional sin~le-wide mobile home shall be
located on a nlot/sqace havin~ an area of not less than 3,200
spuare feet and each double-wide mobile home shall be located on
a plot havin~ an area of not less than 4,200 square feet. A mobile
All entrances to a mobile home shall be nrovided withpermanent
steps of pre-cast concrete, AroAerlv laid and cemented blocks, or
treated lumber. The entrance to an attached deck or similar
e~ension shali be considered as an entrance to a mobile home.
Ordinance No. 2196-2006
Page 4 of 4
home may not cover more than 40 percent of the plot/space size
for that mobile home.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: October 17, 2006
Adopted: November 1, 2006
Effective: December 1, 2006
. ~
.
.~nchvr ]nvestmcnts
Df3A as Anchor 1'railer Court
Keith and Duru[h~~ Wi(hela~ E:t A(
;015 Nugget i.aine
Anchorage. Ak 995I _ ,,.~.-_ _ _
Cit,y' of Kenai
Marilyn Kebschull, ~11CP
21 U Fidal~o Ave.
Kenai, Alaska 9961 1-'779d
Uear Ms Kebschull:
VJe are in res;eipt ol~ the copy of'the preipuse Ordinance No. 3196- ~U06.
As we as•e qne of the twa cour[s in the citl• c~f Kenai, f assume this is directed at our court.
f am alanned by some of'the proposed reyuirements in this ordinance.
I am sure you realize thxt this court affers one of the few opportunities f'qr law inCC~me
residents to provide housin~r, f'or their f'amilies. t~.ven at our low rental rate of S21 U per
month, atier pa~~in~ for natural ~as and electricity snme c~f' our resic~ents require assistunce
from urganizations to rc;main in the court.
If ,you require new resicier~t3 to pa~' additional f'ees for inspection of gas and electric
houkups, over and tibcrve nonnal moving and h~~ok up costs and buiiding permite snd
other I'ees, it wi11 be be~ ond their tinancial abilitp. ft will be very dif'ticult fvr a new
tenant to mnve intv the ce~urt.
Our wurt alread}' reyuires tenr~nts to lilock up their mailer~ sately tind skirt them. We do
nvt i~wn r~ny trt~ilers. We just prvvide space Por them.
tn ani~ther secti<~n. }•ou suggest new se~back regul~tions and lot sizes. 5ince winter has
set in, this is a vei~' pour ti~ne to ctieck to see if vw lots ~ire in compli~nce. And thi~
would be a ponr time il' necessn~y t~+ move all the lines invc,lved, wacer, sewer, gas ancl
electricity. If all thesc regulationc wcre adopted, ic would be unnecessarily burdensc~m~
to us and our tenancs.
We are asking ti.~r more titne to consider our options` under this pcupc~sed ordinanee Nc.i.
2196-20Ofi.
Si~cerciy
~r ~~~i'~.~~~`~1
boroth~~j~ WNhelm
Uwner
i
Suggested by: Administration
CITY OF KENAd
RE50LUTION NO. 2006-58
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN
ALTERNATIVE ALLOCATION METHOD FOR THE FY07 SHARED FISHERIES
BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD
FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF
FISHERIES BUSINESS ACTIVITY IN COOK INLET.
WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY07
Shared Fisheries Business T~ Program, the municipality must demonstrate to the
Department of Community and Economic Development that the municipality suffered
significant effects during calendar year 2005 from fisheries business activities; and
WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to
eligible municipalities located within fisheries management areas specified by the
Department of Community and Economic Development; and
WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of
Community and Economic Development, of alternative allocation methods which may
be used within fisheries management areas if all eligible municipalities within the area
agree to use the method, and the method incorporates some measure of the relative
significant effect of fisheries business activity on the respective municipalities in the
area; and
WHEREAS, the City Council of the City of Kenai proposes to use an alternative
allocation method for allocation of FY07 funding available within Cook Inlet in
agreement with all other municipalities in this area participating in the FY07 Shared
Fisheries Business Tazc Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that by this resolution certifies that the foilowing alternative allocation
method fairly represents the distribution of significant effects during 2005 of fisheries
business activity in Cook Inlet.
Alternative Ailocation Method:
The program total allocation shall be divided in two parts. One part shall be allocated
to the eligible municipalities equally and the other part according to population.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
-
Suggested by: Administration
CITY OF KENAI
RESOLUTYON NO. 2006-59
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE
CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FISCAL YEAR 2007 -
2012 FOR SUBMISSION TO THE KENAI PENINSULA BOROUGH.
WHEREAS, the Capital Iinprovements Plan (CIP) is a long-term guide for capital
expenditures; and,
WHEREAS, the City of Kenai CIP process has involved consideration of existing plans,
programmatic needs, and public input; and,
WHEREAS, the CIP process has also involved a public nomination and comment
process; and,
WHEREAS, the CIP complunents the legislative priorities, City Budget, and
Comprehensive Plan; and,
WHEREAS, the Kenai City Council held a public hearing on the Capital Improvements
Program adoption on November 1, 2006.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA adopt the attached City of Kenai Capital Improvements Pian Priority List
Fiscal Year 2007 - 2012 for submission to the Kenai Peninsula Borough.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
h
N r
J 3
~ o
~ O
m
~ p .7
d ry N
Z ~ G
^
Wa°od
Y y N R
oza ~
WWY
~ ~ Y o
..,
U > Q c
~ y N
~ ~ N
J 'n
Fa- y
a ~o
a
U
~ ~ ~~ l
o,` > > ~! w l w l w I w ~ w ~~ w w ~ z z z z l z z a o o ~
aa
I
i ll
U H i ) i
y ~
'0 ~
N N
N
Ci M
a N N ~ N
~
I I
'
i f
~
~
~
0 ~ ~
I ~ ~
~ 9 ~ I ~ I ~ C~
o
o d
~-
N
rn , ,
l
c
3 y
~
~
~
~
~ ~
~ i
~
~
~
~
~
~
~
~
~
~
~
u.l
~ y
~ ~
I ~
~
i
rv ~ M M
~ n m m r~ I
U ~i
~ ~
i ' I I
~
' N
O
I
'
~
~
i I
i
N
~ I
I
~ N i
I
1
~
~I
i
~ i
N
ry
~
( ~
C
~
u =
~ I ( I Y
'n I
~ ~
N p
d
~ i i
N ': ~
y
~ N I i ~ i `- ~ ~ d'
O ~ i
n' o g o ~ o ~ ~ i Y ~
N y O O~ N I ~ V'
~ ~
M g Y I ~ Y!~ Y Y Y ~ ~.~ ~
I N ~I, ~ N o~ ~ ~
~ '
~ N~ ~
M
I i
0 0 o O o uYi o Y ~ o ~
~ ~ ~ ~ v m ~ ~ m ~
i
c
I
a
0
0 o
0
0 0
0
0 0
0
0 0
0
o 0
0
o 0
0 0
0 0
0 oi
0'
~ o
o
= ol
0
! o
0
; 0
0 0~
0 o
0 ol
0 o
0
I 0 0 0 0 o o o 0 0 0; o
~+ O
o O
~ O
~ O
° O
~ O
N O
u~ N
~ O
v> O
o
E O
o N'
r O
o O
~ O
o OI
~n
o
y
~ N ~ M N 6> N N O
V <
~~ I N O
o
, V OJ
o ~
I °v
I
C ` x i J
I O
m « `
~
~~
y C
E C
°
~
~
m
~
F"
O
i E i ~ ~ ~ o ~ ~i
~
N N~ _ «
C ] N
~ Q
j _ Y ~ y
~
m
m
z
m
E
~
~
~
°c
~
u
~
r
m
N
fn '
C~ ~
C cmi ~ E m
C w
~ -
U E
N m
~j y
E
V
'
^
O
L ~ 9 N
E N
-
N E~
j ~
N O
'y
N c
N >
0 ~
(O _
'~
. j0 O
U
'
O ~~ VJ N ~
U N~
> O_' O
~ N N ~3 ~ ~
E a
d 0 Vi
e N .~..
u
a N
d y
c E
ji y ro
a c
N
~ tn m
~ o!
4i '~ c
m
N mi
w, c o~
~ ~ ~
~O I
~
~
mi ~
m
>
m
U ~
~
C~
~n .
c
'
~
m
SI ~ ~ ~
a
(
<n
c ~ d~
~' (n ~
0 >
m
a ¢
= E
y m
''
E'
E m
t =
p ~ >
° o
o.
8~ v
>
N~ ~
~
N
I ~
u+
p
~
~c
f- ~
N
~ ~
U w
U
d
~~ ~
~ p
J
~ E a L! N
= 4? n „
~
E V
~c ~
~c
I d
'C' 2 ~
`° O
~`° ° m
YI Y ,
~
~
V ~ ~ ~ S~ U ~ ~ .
a I
U) Y Y
I aJI l~ ~ Y V) (q
, ~
o ~d
~~a
~ 'c `c ~ m
N
O m y N N
~WZO
I ~ ~ W Z ~
m
a
y E
O
nU
o io
>~
o~
~2
m y
=~U
N `.'L ~
T
a ~' ~
~'~E
m c
a m ~
~ao
a
"~~
~ ~ o
~ ~ '
y n ~
~:
u
d o 0
oUU
a`~~
~
G
N
¢
m
0
J
OI [p W Q
w 'm~~
^ rL,~u
~ ~LL
~ ~ao
° mO~d
° ~pu~ia`
:~ <'+ w ~ i
OUn-
LLpQ~
~ "H N
E wpv~~
3 v~N~
a
~ ° o C Q m
~ ~u.UO.,
w o c w ~ ~
N t/1 mp~
~ rn~v_`c
~ c ~ m
~ a"QimC7
o ~ i ~ a
m LL U ~ LL ~
~
~`~
~~'uN
' ~ `.
tl~e ce'~ o f /
KENA~ SKA
°~Vclla9e wi~~r a Past, Gi~ witti a Fut~cYe `~
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~II~~~
1992
2006 PROJECT NEEDS ASSESSMENT SCHEDULE
U=Urgent: The project cannot be reasonably postponed
because it is necessary to correct a condition
dangerou~s to public health, safety, or welfare -or-
The project is required to maintain a critically
needed program-or-
The project is required to meet an emergency
situation.
E=Essential: The project is required to complete or make fully
useable a major public improvement -or-
A"Desirable" project that pays for itself.
N=Necessary: Projects which should be carried out within a few
years to meet clearly anticipated needs -or-
~~~ Projects that wi11 repiace unsatisfactory or obsolete
facilities -or-
Projects to remodel existing buildings.
D=Desirable: AdequaYely planned projecfs that could expand
existing programs or initiate new ones -or-
Projects that convert existing facilities to other uses.
A=Acceptable: Adequafely planned projects that could be postponed if
budgef reductions are necessary, wiThout detriment to
present operations.
DR=Deferrable: Pxojects that should definitely be postponed or
eliminated from the current capital program since the
overall need for the project is questionable, adequate
planning has not been done, or timing is wrong.
CITY OF 4CENAI
PROJECT NOMINATION WORKSHEET
~rojectTitle: Kenai Bank Stabilization
Project Description:
This project is to construct a bank stabilization structure that will run for approximately
one mile along the base of the Kenai bluffs. Preliminary planning suggests armor rock
and riprap for bank stabilization. It will begin at Kenai Avenue, at the mouth of the
Kenai River, and progress along the riverbank.
Project Justification:
This bank stabilization project will provide needed relief to the City from the ongoing
erosion of the bluff and associated property losses including roads, water, sewer, storm
drainage, and Iand.
Estimated Project Costs:
Construction or purchase cost: $14,000,000
Annual mainfenance and operation cost: $20,000
Other major cost items:
Estimated Effects on Municipai Budget:
Maintenance and clean up costs in operating the trail plus any rock replacement.
Recommended Funding Sources:
70% Federal Government = $ 9,800,000
20% Direct State Legisiative Grant = $ 2,800,000
10% City of Kenai = $1,400,000
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: City of Kenai Maintenance Shop Site Remediation
Project Description:
The city maintenance shop area has been identified as a contaminated site. The
project will remove and treat contaminated soils, install sewers to transport floor
drainage and domestic waste to the city sewer system, and remove other sub-surFace
materials for proper disposal. Various site investigations have been prepared and a
work plan for cleanup has been prepared. Sewers were installed in 2006 to collect
wastewater from floor drains and restrooms.
Project Justification:
We have spent several years preparing studies, installing monitoring welis, collecting
samples and miscellaneous work. ADEC has requested that actual remediation work
begin. Some of the cleanup standards have become less stringent, making it a good
time to begin. Cleanup of this site will also lessen future city financial unknown
liabilities.
Estimated Project Cosfs:
Construction or purchase cost: $550,000
Annual maintenance and operation cost: $10,000
Other major cost items: Unknown
Estimated Effects on Municipal Budget:
The initial cleanup will be costly and could affect future budgets depending upon funding
sources. The cleanup, however, will remove a large potential financial liability as noted
in recent audits. An on-going cost for long-term monitoring and testing wiii be required.
Recommended Funding Sources:
Aiaska Legislative Grant (current available funds), ADEC Matcning Grant {applied for),
ADEC Ioan, City General Fund, Special Revenue Funds.
10/24/06
CITY OF KENA1
PROJECT NOMINATION WOI~KSHEET
Project Tit~e: Chip And Seal Pavement Upgrades
Project Description:
Cnip and Seal Coat of existing paved streets in:
Old Town
Central Heights Subdivision
In1et View Subdivision
Redoubt Subdivision
Woodland Subdivision
Project Justification:
The last time the city seal coated these streets was 1988. The streets in these
subdivisions need chip and seai coat improvements to extend the life of the pavement.
Estimated Project Costs:
Construction or purchase cost: $ 550,000
Annual maintenance and operation cost: Reduction of present costs.
Ofher major cost items:
Estimated Effecfs on Municipa! Budget:
Upgrading these streets would reduce the existing maintenance costs.
Recommended Funding Sources:
State of Alaska
City of Kenai
10/24/06
CITY OF KENAI
PROJECT NDMINATION WORKSHEET
Project Title: Mommsen Subdivision
Street, Curb & Gutter, and Water Improvements
Projecf Description:
New pavement with curbs and gutters for:
First Street and Second Street between California Avenue and Florida Avenue
California Avenue and Fiorida Avenue
Replace existing old small asbestos water mains with new water main lines.
Project Justification:
The streets and curbs and gutters in this section of Mommsen Subdivision are falling
apart. They are past the point of repair and must be completely replaced.
The water system in Mommsen was small community system that was turned over to
the city. The mains are small and the pipes are oid asbestos cement. They break very
easily and need to be replaced.
Estimated Project Costs:
Construction or purchase cost: $ 500,000
Annual maintenance and operation cost: Reduction of present costs
Other major cost items:
Estimated Effects on Municipal Budget:
Upgrading the streets and water system would reduce the existing maintenance costs.
Recommended Funding Sources:
State of Alaska
City of Kenai
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
ProjectTit~e: Wiidwood Drive Pavement Replacement
Project Description:
New pavement for:
Wildwood Drive
Projecf Justification:
Wildwood Drive is falling apart past the point of repair and must be completely replaced.
The primary user of Wildwood Drive is the State of Alaska Department of Corrections.
Estimated Project Costs:
Consfruction or purchase cost: $ 450,000
Annual maintenance and operation cost: Reduction of present costs.
Other major cost items:
Estimated Effects on Municipal Budget:
Upgrading these streets would reduce the existing maintenance costs.
Recommended Funding Sources:
State of Alaska
City of Kenai
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Tit/e: Highland Subdivision Pavement Replacement
Project Description:
New pavement for:
Silver Salmon Drive and King Salmon Drive in Highland Subdivision
Project Justification:
Silver Salmon Drive and King Salmon Drive in Highland Subdivision are faliing apart.
They are past the point of repair and must be completely replaced.
Estimafed Project Costs:
Construction or purchase cost: $ 250,000
Annual maintenance and operation cost: Reduction of present costs.
Other major cost items:
Estimated Effects on Municipal Budget:
Upgrading these streets would reduce the existing maintenance costs.
f2ecommended Funding Sources:
City of Kenai
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project T~t1e: City Nall HVAC Improvements
Project Description:
Kenai City Hall construction was completed in 1981. The current HVAC system does
not provide adequate heating capacity under winter conditions or cooling capacity under
summer conditions. Also, air exchange standards are not being met by the existing
system for an office environment. In 2001 an analysis of the system was prepared
outlining recommendations for improvements. A cost estimate was also prepared and
engineering plans developed.
Project Justification:
Proper control of the HVAC system to provide uniform heating and ventilation is a
constant challenge with the present system. The lack of air conditioning and proper
temperature control requires the use of severai fans during summer months and
individual employee unit heaters in the winter to provide a suitable working climate.
Proper air exchange and filtration are also questionable in today's office working
climafe.
Estimated Project Costs;
Consfruction or purchase cost: $150,000
Annua/ maintenance and operafion cost: Minimal
Other major cost items: Unknown
Estimated Effects on Municipal Budget:
Initial improvements would impact the General Fund. On-going maintenance and
operation should be minimal, or reduced, due to a more efFicient system.
Recommended Funding Saurces:
Generai Fund, grants
10/24/06
CITY OF KENAI
PROJECT tVOMINATION WORKSHEET
Project Title: Water Treatm~nt System Improvements
Project Description:
This project has evolved to a search for suitable water supplies and treatrnent
alternatives. At present, a well water testing program is being completed.
Project Justification:
The City must locate suitable quantities of drinking water supplies of a drinking water
standard to maintain adequate service to the public.
Esfimated Project Costs:
Construction or purchase cost: $ 2,455,000
Annual maintenance and operation cosf: $ 24,000
Other major cost items:
Estimated Etfecfs on Municipal Budgef:
It would increase the Water and Sewer Operating Budget but not the General Fund of
the Municipal Budget. It may cause an increase in the water bilis to utility customers.
Recommended Funding Sources:
50% or $ 1,227,500 from ADEC Municipal Matching Grants Program. The other 50%
could come from City Funds or the ADWF ( loan program) or Direct Legislative Grant.
10(24/06
CITY OF KENA1
PROJECT NOIVIINATION WORKSHEET
Project Title: Public Safety Garage
Project Description:
Enclose, insulate, and provide minimal heat in the existing carport at the Public Safety
Building. Automatic doors with remote actuation and personnel doors would be
instafled where necessary.
Project Justification:
During the winter months, police vehicles sit outside under the carport or in the open
parking area. In order to have vehicles respond expeditiously to calls, they should be
kept warm and frost-free. Many times during cold weather, officers must keep their cars
running while in the station in order to be ready if called.
Estimated Project Costs:
Construction or purchase cost: $150,000
Annual maintenance and operation cost: $2,000-3,000
Other major cost items: Unknown
Estimated Effects on Municipal Budgef:
Minimal yearly utility and maintenance cost increase.
Recommended Funding Sources:
General Fund, grants
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project ~itle: Cemetery Land Acquisition & Development
Project Description:
Acquire and develop new cemetery that will meet the long-term needs of the community
Project Justification:
The current cemetery is Iimited in size and will not sustain the long-term needs of the
city.
Estimated Project Costs:
Construction or purchase cost: $40,000 to
$300,000
Annual maintenance and operation cost: $10,000
Other major cost items:
Estimated Effects on Municipal Budget: Increase due to maintenance
Recommended Funding Sources: General fund, grants
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
ProjectTitte: Kenai Community Library Expansion
Project Description:
Construction of a new Iibrary or expansion of existing building of approximately 27,000
square feet on city-owned land.
Project Justification:
The need for additional library space has been discussed and studied for more than ten
years. A needs study early this year (2006) indicated tnat the library currently needs an
additional 10,000 square feet and that the need 20 years out will be a total square
footage of approximately 27,000 square feet. The study concluded that parking in the
city core would be inadequate for a building this size.
Many of the activities held in the library (especially family and children's programs) do
not have adequate space. The library is currently not ADA compliant in most of the
public space.
Physical space for computers and casual readers is inadequate, with almost 800 people
waiting during one summer month to use any computer. Storage is totally inadequate
and shelving is at a premium. Many materials are place too high or low for most people
to comfortably use th~m.
Estimated Projecf Cosfs:
Construction or purchase cost: $4,000,000-
12,000,000
Annual maintenance and operation cost: $600,000~
" this amount represents the approximate annual budget of the library.
Other major cost items: Library and general office
furnishings, computer equipment.
Estimated Effects on Munlcipal Budget~
The City General Fund would increase for maintenance and operations approximately
proportional to the increase in square footage for the building. Some increase in
revenues might be seen through increased userfees.
Recommended Funding Sources:
City General Fund, any combination of grants available, Friends of Kenai Community
Library, Inc. funds, State of Alaska.
10/24/06
CITY OF KENAI
PROJECT NOMINATION WOFtKSHEET
ProjectTitle: Kenai Vehicle Maintenance Facility
Project Description:
The project would construct a new 24,967-square-foot vehicle and equipment
maintenance building. The facility would have three new equipmenUvehicle
mainte~ance bays, a welding area, wash bay, tire area, offices, restrooms, parts
storage, building maintenance shop area, miscellaneous storage, etc. A preliminary
design has been prepared with a cost estimate prepared from schematics in 1998. The
project costs reflect anticipated cost increases to 2006. This project could be scaled
down in size and/or redesigned to achieve cost savings.
Project Justification:
The present original shop facility was constructed in the 1960's and has been added
onto with building additions and connexes over the years. This facility is too small anc
inadequately equipped to maintain the city vehicle, heavy equipment, and small
equipment fleet. Some of the larger equipment wili not fit into the building and lack of
space does not allow for efficient maintenance. The building does not have a modern
washroom and has substandard electrical and mechanical systems.
Estimated Project Costs:
Construction or purchase cost: $4,500,000
Annual maintenance and operation cost: $100,000
Other major cost items:
Equipment inciuded-some existing equipment to be moved from existing facility.
Estimated Etfects on Municipal Budget:
An increase in the City General Fund budget should be expected commensurate with
other buildings of this size. Personnel additions are not expected initially.
Recommended Funding Sources:
City General Fund, grants, Special Revenue Funds
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
ProjectTitle: Surface Drainage Improvements
Project Descripfion:
This project is to replace infiltration basins with underground storm drains and/or
improve the infiltration basins, if possible. The streets that we have had problems with
include Lake Street, Windward Drive, Equinox Way, Inlet Woods Drive, Channei Way,
Woodside Avenue, Toyon Way, Pine Avenue, and others.
Project Justification:
The topography of large areas within the City of Kenai is rather flat which has caused
many drainage problems. Instead of constructing miles of expensive storm drains and
dealing with freezing lines and possible lift station problems, the city built many
infiltration basins. The surface water collects at these infiltration basins and dissipates
into the ground. Unfortunately, during certain times of the year these infiltration basins
will not take all of the water. This happens when the ground is frozen around the basins
and we have heavy rains. It also happens when the ground water table is high and
therefore cannot except any more water. We then have flooding is the low spots near
the basins.
Estimated Projecf Costs:
Construction or purchase cost: $375,000
Annual maintenance and operation cosf: Reduces existing costs
Other major cost items:
Estimated Effects on Municipal Budget:
Reduces time and expense on existing budget.
Recommended Funding Sources:
State Direct Legislative Budget
City of Kenai General Fund Budget
10/24I06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
ProjectTitle: Senior Heated 5idewalks and Driveway
Project Description;
Sidewalks in front of disability parking and driveway to be heated.
Project Justification:
This would assist frail seniors coming into the senior center during the winter months.
If there was a heated sidewalk and driveway, there would be no ice or snow that blows
onto the sidewalk and into the walkway and driveway during the winter. This would help
prevent seniors falling.
Estimated Project Costs:
Construction or purchase cost: $ 200,000
Annual maintenance and operation cost: $ 5,000
Other major cost items
Estimated Effects an Municipal Budget:
Recommended Funding Sources:
Match funds from City to use for a grant application.
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
ProjectTit-e: Kenai Outdoor Sports Complex
Project Description:
Development of approximately 55 acres of raw property for a sports complex to include:
4 baseball fields, 3 softball fields, 1 storage facility, 1 concession facility, 2 restrooms,
irrigation, play area and campground. If space available, a shared artificial
soccer/football field could be developed as well.
Project Justification:
Create a sports complex within one area that will attract muitipie user groups and
sporting events, i.e., soccer, baseball, football, lacrosse.
Estimated Project Costs:
Construction or purchase cost: $500,000
Annual maintenance and operation cost: $15,000
Other major cost items $45,000
mower and
$10,000
sprinkler
equipment
Estimated Effects on Municipal Budget:
Additional personnel would be required to perform the necessary maintenance.
Recommended Funding Sources: Land & Water Conservation Fund and General
Fund and legislative or partial funding through Kenai Peninsula Borough.
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
ProjectTit~e: Senior Center Garage
Project Description:
Garage for five senior center vehicies. Garage to be built where vehicles are parked
during the spring, summer and fall months.
Project Jusfification:
This is a recommendation from Joan Gone, NTS Coordinator during the site review in
September as well as Council on Aging. This would protect our vehicles from the
outside elements.
Estimated Project Costs:
Construction or purchase cost: $250,000
Annual maintenance and operation cost: 3,000
Other major cost items
Estimated Effects on Municipal Budget:
Initial building budget item.
Recommended Funding Sources:
Budget item, or budgeted dollar amount for match funds for a grant application.
10124I06
CITY OF KENAI
PROJECT NOMtNAT10N WORKSHEET
Project Title: Street Paving Projects
Project Descripfion:
This project is for paving and upgrading many gravel raads
Project Justification:
About 35 percent of the City of Kenai's 63 miles of roads are not paved or were paved
20 or 30 years ago and are in bad shape.
Esfimated Project Costs:
Construction orpurchase cosf: $ 8,000,000
Annual maintenance and operation cost: Reduction of present costs.
Ofher major cosf items:
Estimated Eifecfs on Municipal Budget:
Upgrading these streets would reduce the existing maintenance costs.
Recommended Funding Sources:
City of Kenai
State Grant
10/24/06
CITY OF KENAI
2007 CAPITAL IMPROVEMENT PROJECTS
Under $75,000
Kenai Municipal Airport Terminal Parking Lot Upgrades
Library Automation
Playground Equipment Replacement
Senior Office Space
Multi-Purpose Facility Ventilation Improvements
Boat Launch Paving
$50,000
25,000
60,000
50,000
50,000
70,000
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
SMAL~ PROJECTS
Project Title: KENA1 MUNICIPAL AIRPORT TERMINA~ PARKIIVG LOT
UPGRADES
Project Description:
Realign entrance and exit roads and reconfigure parking spaces in long term and
rental car parking lots.
Project Justification
The exiting lot was designed under antiquated guidelines that did not anticipate
the larger, longer wheel base vehicies now in use. The current spaces are too
small and the longer vehicles parked in those spaces impede the traffic flow and
snow removai in the aisles.
Estimated Project Costs:
Construction or purchase cost: $50,000
Annual maintenance and operation cost: Snow removal costs will be
reduced due to improved
efficiency of wider aisles
Other major cost items: None
Estimated Effects on Municipal Budget: None
Recommended Funding 5ources:
The driveway realignments are public roads and should qualify for State or
Federal road dollars. The parking lot does not qualify for FAA Grant Funds.
10/24/06
CITY OF KEN/AI
PROJECT NOMINATION WORKSHEET
SMALL PROJECTS
Project Title: LIBRARY AUTOMATIOfV
Project Descriptian:
Update and improve the library automation system for circulation of materials,
cataloging and maintenance of patron database.
Project Justification:
The Horizon system was purchased approximately 5 years ago. It has had minimal
updates and improvements over those years. This system was marketed by the Dynix
Corporation which has since merged to become SirsiDynix. Our customer service
contract costs the City approximately $9,000 a year. The system is difficult for staff to
use and customer service is not reliable. A simpler system would save staff time and
aggravation and would be more cost effective in the long run. A web-based system
would save the city the cost of a new server and its' upkeep.
Estimated Project Costs:
Construction or purchase cost: $ 25,000*
Annuai maintenance and operation cost: $ 5,000~
Other major cost items Staff training
~Approximate costs. Bids being solicited.
Estimated Effects on Municipal Budget:
An initial purchase outlay will increase the city budget, with reduced maintenance costs
in subsequent years in the library budget.
Recommended Funding Sources:
City of Kenai
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
SMALL PROJECTS
Project Title: PLAYGROUND EQUIPMENT REPLACEMENT
Project Description:
Replace playground equipment at Softball Greenstrip.
Project Justification:
Create a more interesting and unique play environment in one of the most heavily used
and centralized park areas in town
Estimated Project Costs:
Construction or purchase cost: $60,000
Annual maintenance and operation cost: $1,000
Other major cost items
Estimated Effects on Municipal Budget:
Long-term effect would be minimal after installation.
Recomrrrended Funding Sources:
Legislative, General Fund
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
SMALL PROJECTS
Project Title: SENIOR OFFICE SPACE
Project Descripfion:
Create office space for either the director or assist director. Create an area for
receptionist that would include space for main C-B radio base, copier, fax machine.
An area (or to be included in office space) big enough for small conference table to
meet senior ciients with director and assistant if necessary.
Project Justification:
The senior client population continues to increase, senior outreach and assistance is at
an all time high, individual attention is needed more now than ever before. The state
has required more documentation and statistics kept on each individual, it is imperative
to continue searching for grants to meet capital projects and program funding, there is a
need to provide appropriate work space to enhance quality focused time management
without interruption for the director as well as her assistant.
Estimated Project Costs:
Construction or purchase cost: $50,000
Annual maintenance and operation cost:
Other major cost items Copier, fax,
and computer
Estimated Effects on Municipal Budget:
Recommended Funding Sources:
Grants, match funds from the City Buildings budget
10/24/06
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
SMA~L PROJECTS
Project Title: MULTI-PURPOSE FACI~ITY VENTILATION IMPROVEMENTS
Project Description:
Install additional fans in the Multi-Purpose Facility to increase the ability to remove
moisture from the building.
Project Justi~cation:
Condensation continues to be a problem during humid periods, especially at the
beginning of the season when making ice during Chinook weather systems, etc.
Estimated Project Costs:
Construction or purchase cost: $50,000
Annual maintenance and operation cost: $1,000
Other major cost items
Estimated Effecfs on Municipal Budgef:
Small increase to the O& M budget for this facility.
Recommended Funding Sources:
General Fund, Grants
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
SMALL PROJECTS
Project Title: BOAT LAUNCH PAVING
Project Description:
Place AC paving at the Kenai Boat Facility in the staging area in front of the entrance to
the dock and in front of the launches and restrooms.
Project Justification:
This was originally included in the project that constructed the new launch ramps but
was not constructed due to insufficient funding. Project will reduce dust and
maintenance.
Estimated Project Costs:
Construction or purchase cost: $70,000
Annual maintenance and operation cost:
Other major cosY items
Estimated Effects on Municipal Budget:
Initial cost to construct. Will reduce maintenance of the parking area by a minor
amount.
Recommended Funding Sources:
City General Fund, Grants
r
Suggested by: Administration
CITY OF KENAI
RESOLUTYON NO. 2006-60
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CANCELING
TH~ EXISTING MC COLLUM/ALIAK DRIVES LOCAL IMPROVEMENT DISTRICT AND
INITIATING A NEW LOCAL IMPROVEMENT DISTRICT ENTITLED, "MC COLLUM-
ALIAK-JAPONSKI LOCAL IMPROVEMENT DISTRICT."
WHEREAS, on March 15, 2006, the Kenai City Council, upon holding a public hearing,
directed the local improvement district project entitled, "McCollum and Aliak Drives
Paving DistricY' to be continued and designated the assessment rate; and,
WHEREAS, since March, 2006, administration has reviewed the project and feels the
project's scope should be modified and the improvement district expanded to include
Japonski Drive with its six additional properties which were not represented on the
petition submitted by property ocvners who initiated the current local improvement
district; and,
WHEREAS, with a modification of the scope of the project and additional properties
represented in the district, cost of the paving project would be reduced, as well as
maintenance costs to the city; and,
WHER~AS, KMC 16.05.020 confirms an improvement proposal may be initiated by
petition of the property owners in the proposed 'unprovement district or by resolution of
the City Council; and,
WHEREAS, it is the administration's recommendation the Kenai City Council cancel
the existing McCollum-Aliak Paving District in order to initiate a new project entitled,
"McCollum-Aliak-Japonski Paving District' ; and,
WHEREAS, the cancellation of the existing project and initiating of the new paving
project would be in the Uest interest of the property owners to be served by the
improvements and the taapayers of the City of Kenai.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the current McCollum-Aliak Paving District Project is cancelled and a new
local improvement project entitled, "McCollum-Aliak-Japonski Paving District"
initiated.
AND FURTHER, the normal process and procedures as required by KMC Title 16 will
be followed with the initiation of the new project, including public notice,
advertisements, and public hearings.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
~ '~V l(a~e wct~i a Past Ci~ wc`tti a Fc~t~re"
:,}%,~a ~~, 210FidalgoAvenue, Kenai,Alaska 99611-7794 ~
-~--~ Telephone: 907-283-7535 / FAX: 907-283-3014 ~'Iir~
- 1992
\ theu~uf
KENA~ SKA
~~ 1'J ~~ o •
TO: City Council
(~"l, FROM: Rick Koch, City Manager
~~
DATE: October 24, 2006
SUBJECT: Aliak-McCollum LID
The purpose of this correspondence is to request the Council cancel the preseni LID far
the above referenced area, and for Council to iniYiate an LID for the sasne genEral area,
and including six additional properties.
The latest petition for this LID was received by the City on September 16, 2005. Council
approved Yhe LID on March 16, 2006. Administration communication fo the Council and
property owners provided a cost estimate of $ 477,OOQ for a scope of work including:
i. Clearing and Grubbing
2. Ditch Re-ConsYrucCion (All)
3. Culvert Replacement (All)
4. Culvert End-Sections
5. Preparation of Existing Surfaces
6. Topsoil & Seeding
Z Crushed Aggregate Base Course
8. Asphalt Pauement
The scope of wark that is currently being considered is estimated to cost $ 305,693.40,
which includes the foilowing:
1. Ditch Re-Construction (As Needed)
2. Roadway Re-Construction (As Needed)
3. Culvert Replacement (As Needed)
4. Preparation of Existin~ Surfaces
5. Crushed Aggregate Base Course ~~
6. Asphalt Pavement.
The Administration recominends properties located at 505, 506, 507, 508, 601 7aponski
Drive and T6N, Rl 1 W, 534, Government Lot 35 be added Co the LID. The
administration also recommends that improving Japonski Drive be included in the LID.
When LID's are undertaken it is in the best interest of the City to upgrade/pave entire
areas so Yhat maintenance of gravel roadways can be eliminated.
Attached piease find a spreadsheet fitled "Aliak/McColium/Japonski LID, CalculaCion of
Assessment Methodologies". The first page of the spreadsheet provides all of the data
that was used in generating differing methods of LID assessments. Pages two and three
identify costs associated with the following assessment methodologies:
1. Per L,ot. A calculation dividing the estimated cost of improvemenYs by t11e
number of properties included in the LID
2. Square Footage. A calculation dividing the estiinated cost of improvemenYs by
the total square footage of properties, and assessing each property by it's pro-
rata share.
3. KPB Property AssessmenY. A calculation divid'uig the esfimated cost of
improvements by the total KPB property assessment, and assessing each
property by iYs pro-rata share.
4. Front Footage. A calculation dividing the estimated cosT of improvements by
the toYal length of property frontage to ths roadway improvements, and
assessing each property by it's pro-rata share.
There are specific individual exceptions to the above identified by asterisks located by
property owners names, and explained at flie bottom of page one of the attached
spreadsheet.
The third page of the spreadsheet also identifies the estimated individual property
assessment under the previous LID, and the administration recommended method of LID
assessmeilt. The adminisCrations recommendation is to assess the properties in the LID
based fifty percent (50%) on property square footage, and fiffy percent (50%) on front
footage. We believe this provides the fairest method of identifying the benefit and uYility
of the improvements to Che property owners.
As you can see the reduction in the scope of work, and inclusion of additional properties
generally results in a lower estimated assessments.
Tbank you far your attenrion in this matter.
attachment
~
J
pi~
Vd
~
0
a
Q
\c
G
~
J
J
0p y
W
cV
`G
i
Q
J
Q
t/~
~
~
O
J
~
2
Wc
G
~
Z
Wc
G
vd
~Wq
V~qO
v/
Q
~
0
0
~
J
_
~
J
V
(O ~ tfJ lf') W f`"J N d' d' CO ~i' CD lD ~ O O d' W V V O O V' V O
~ ~- N
(D N
CO N
f0 ~
C' O
W O
V O
O~ O
0] W
N o~
N O)
d' I~
~ M
N I~
m I~
~
cr N
(O O u~ M
M V'
(O ~
d' N
N 0~
N O
O O
O N
N c0
N O
O
++ a.~. O I~ 1~ f~ O N ~ N N M ~ ~ I~ O ~ ~ ~ M O O ~- O
C p M M M M t(~ N N N N N N M M ~ M M N M M 'd' c`'J N M N N O O N N O
O F O O O O ~ O O O O O O O O .- O O O O O O O O O O O O O O O O
~w o o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r
\ O
0
d h
O O
O O
O O
O O
O O
O O
q' O~
01 ~
O) ~'
M V
t`7 I`-
~ M
N ~
OJ M
N lCJ
V O
O O
O O
O O
O O
'ct O
O (D
0~ cY
M d'
M O
O O
O d'
M V
t`')
~
C{~p N ~ ~J t17 O O ~- 61 W M M fD O N O N ~ tn N
' 0~ I~ O (D M M O O M M ~
p w M (O (O (D f0 O ~ ~ ~ m ~ d' d' N d' M N (D t`
) W M M V ~ ~~ W m ~
p T- •- CD ~ .- ~ .-
M
LL.
~ V
N tn d' M I~
' d- m M V O ~ ~ f~ M M
' W W O~ M M W V V M t~- O O
' ~ O
N N O~ itJ t!
) tn M N V CO 6) ~ V (O V [O (D M M i~ M (A O] N O CO I`- V M O
Rf
<C ..R.. (O
tfi I~
O
V' N
~ oJ
W O
N M N
N W
M OJ
d' W
ct m
M i~.
V W
O V
t`') ~-
N M
V N
~fi
(O O
~ ~
~ ~
N I~
O O
V' N
O ~
tn W
fD
M ~ O
O
'C
~ O
a~... M
O M
O c")
O M
O N
O
O C
O ~f1
O O
O N
O N
O N
O ~
O O~
r' O
O V'
O N
O M
O N
O i~
O N
O O
O 'd'
O M
O
O M
O O
O O
O V
O O
O
~~ Y~s.. O O O O O O O O O O O O O O O O O O O O O O O O O O O O O s-
U ~
~
°
c
0
'
R ,,., o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
_ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~ d o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~ m~ o o o
' o o 0 0 0 0 0 0 0 0
' 0 0 0 0
' 0 0 0 0 0 0 0 0 0 0 0 0 0
W a m .-- d O N OJ ~f1 I~ O~ ~ c- N d N CO O) d f~ O M ~ r I~ O N f~ O (D N 00
~ Y N W V V' O ~ (D (D m ~
'- (D (D M I~ N
~
(' O N d'
~ i~ O m in I~ 'V V'
M o'J
N m ~
N f0
~fi
' G O m O N W M N ~ ~ I~ I~ I~ <D .
) ~ N I O W N W ~ N O O -
C
N
O N
N
a c-
fA
fi3
r-
EA
~
EH
E9
(f
~
Ki
~
V~?
(A
Vi
ff3
Efl e-
Efj Ln
fH
64
.-
EA
EA
.-
EA
ff3 N
H-3
E9
ffl
.-
Vd
~
ff3
fA
~
EA
EH
fA
c
V3 O
M
HT
L i
~
V M W V O 6) t0 W 01 ~ ~ M M I~ ~ i~ KJ tf) OJ fh ~ t~ tn M M m ~ OJ tn I.() O
:i w
tL 16 N
O
f~ M
lf> c0
N M
O) O
I~
(~
I~
I~ c0
Q~ (D
01 I~
0~ V
M I~
W c0
W 0~
tn M
V O
OJ O
f~ c0
N (A
tfJ c0
m c0
~ N
W
I~ O
lC) c0
tfJ c0
tn O
O
'V ""
Q O d'
M N
cl' (D
CO ~ ~
ct W
I~ ~ ~- r' '- p O tn CD
CO l() O O M
N i~
M (O
~ M
M O O O O)
O ~ d'
m O O O
O
Q (/') f- O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O
(n p ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O s-
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
O o7 O O O O t0 CO fD (O d' <7' N 0~ N V' W N O O oJ OJ V' d' (O CD O N W 00
d V' N GO fD O O (7 M M M N N ~!'J t~ ~ N fD I~ O O N (D N N LL) l`') O f0 GO O~
~. w O N (O ~- O O O O O O M M ~ <Y ~ f`") O~ O (O 'C M ~ M M N O O ~ ~ 1~.
R d N N CD N O O If> tn I.t~ IA CD (O N V N (O e- O ln M M ~- (O ~D M l(~ m ~ .-- N
3 d ~ ~ (O N W O M M M M N N~ 0~ CD OJ N N I~ M ~ OJ N N N .- M W N N N
~ LL M ~l' f~ N N 01 ~ ~ I~ ~ ~ N 7 (O M ~ c- O .- 6fJ
~ N ~
1p O
~ (+')
~ OJ
N M
c0 O
O P')
O
M
M
M
M O)
N O)
N N
V
~ N
d' ~
N 0~
N <!'
N O
O O
~ c0
N W
N W
N O>
N (O
N
ch O
~ W
N W
N
i O ~ r O O r O O O O O O O M O O O ~ ~ ~ O O O O O O N O O
~
Q
~ ~
W N
O
tn CD
o~ A~
d
~ ~
° p
~
' E E E E E E
' E E E E E E E '
~ o - -
Q
6
~- ~ ~
O >
O >
O >
O 0
V ~
O >
O >
O >
O >
O ~
O >
O >
O >
O
~-'
Y
Y
~
Y
Y
Y
Y
1 N
C VJ
G N
C ~
~ N
C N
C
aa U U U U ~t U U U U V U U U U .c6 t6 f6 ~ ~0 f6 ~9 ~ ~ o 0 o xt o 0
0
~ 0
~ ~
~ n
~
~ o
rL ~
~~ o
~ ~
~ o
~G 0
~ 0
~ ~
~ o
~ Q Q Q Y Q Q Q Q Q m m
_ m
"
~ m m
'
(O OJ O N l(~ M m i~ M ~ J ] ~ ~
M i~ O) X N CO V' N c0 (D ~t tD c0 O O I~ O O O O O ~ 1~ X W CO
y3. bg O
V' O
V O
V O
V N
F- O
ti O
co O
c0 O
co O
tt~ O
in O
t(~
V O
V O
~- O O
~- O
rn ~--
~- '- O O O
~- O
~n O
~n O
tn ~
t- O
~n O
~.r~
~ ~ -o
J
w ~ ~ ~ s
O
~ o i
C ~
t ~
~ ~3
~
~ * Y ~ C
~ ~,
* °~ m
`
w a * ~
` •
* c i
- W ~ = ~o ~a ~o m
g E
.~+ ~ ,~', N ~2 N .c
Ol i m
~ J L N ~ x
• ~
' C U N N N ' N y
i ~ ~ O
~ ~ ' ~ ~ ~
O L
U N Q N
C G
' ~ O m N `
~ L
U N
~ U ~ 'S 0- J J J ~ ~ O
N
o o
3
L G
m ,ts O
m L
U xs ¢ ~
~ U ~ ~ G
~ ~ w
~ o2$
J xs xs ~t g r~ r
~ a o ~ ~ J O ~ ~ ~S
~ C
R <C ~'
_ fn
'C tn
N ~
m ~ ~
~ 'O
(0 m
'O ~
a~ '~
O
K x
* CO G
~ L
~ ~ N o3 V ~ ~p N
G (6 ~ ~ ~ W
O
E
~• .c c m
` c o
~ = ~
' ~ p c = . ~ > c
~ 3
" ~ t~ tn -6 > >
y T
m >.
O U ~ C
N L (/J O
~ ~
' p
" Qj
O t6
~' C
LLl ~
` 1]
~ C.~ ~
~ (6
d ~
-~
~ W
~ O
W
O
O
o
`4 (0
a (6
a
W
~
°~ _
°~ _ -o 2 y m o v_;
° ~ ° ~ E ~ ~ ~ ~ ai ai
y p. ~ ~ c <a s
' E a~ ~ a o ~ o: ~ °c' o .o o c d a~ a~ a~ Y o a
~ ~ °' °c ~ ~ o o .g ~ a L ~ ~ ~II m m ~ ~' N y o ~ ` a -~ ~ m > >
o
r a in w .
rl ~ i
a
Y x = ~ ~n ~
~ ? d S C~ ~ ~ ~ ~ cn d ~ ~ m ¢ ¢ ¢ n_ O C7
.- N M V L(J (O i~ W ~ ~ ~ N M V' tCJ CO 1~ W ~
~ O
N r-
N N
N M
N V
N VJ
N CO
N !~
N W
N ~
N
~
O
O
N
~
N
~
~
m
Q
~
V
0
C!1 U
~ Y
N
ti. Y
~
M
7
J
Ol
N
d
N ~'
N ~ _
a ~
C j U =
E ~ °c' v~
N N ~ ~
(6 C V O
W ~ ~ „
N Q ~j ~j
U J ~ U
Q ~ N N
m
~ ~ O ~
m
~ ~ ~ E
~ ~ O '_
O O 'O n
~ O N ~
~ O (0 p~
-o m .o ~
-a c a~ a
~ O m
U ~ ~ p
~ ~ ~ ~
~ ~ ~ ~
m m ~ N
N ~4 ~ ~?
^ L
L~L L~L J ~
m ~
`m m c u-
Q o- o o-
ai~nU~n
µ 4
• ~ * M
T L
0] U
~ Y
~
N Y
N ~
d
~
~
V
0
J
0 Q
e~ o
~~^ ~
md W
o ~
d ~
Q Z
~ W
~. 5
~ ^
!
~
-~ IJ,J
J ~y
O cn
cV ~
IG ~
\ O
Y z
4
Q O
J
~
J
Q
U
e m N O .-
- M O d' V' OJ W O] W W d' W N m ~ 01 N d' ~ M N N [Y tn
~~ a (O CO ~ ~ ~ O (O CO O tl~ I.f) O ~ (D O CD O l0 O I~ O ~ (O .- O CO O O ~- M
N C Y N N N O O ~ O N N ~ N N O tY) O ~ N Ci N O N ~ f~ t~ O O f~ tn O lf! M
~ y N ~ O O N (O m O~ O O M W N (O N (O O) O ('~ M N r O N N d' O N
~
y C
~ ~ m ~ O N ~ ~ ~ N ~ ~ O~ ~ W N N W CO O I~ ~ C' ~ f0 I~ f~- lf') N N V
~
O N N N N M N M M ~ ~7' M c'J ~- N N ~ N M N N M f0
3 N a Q I~
O` N O
T
~
a N ~ y
°~ a
B O.
r ~ 0> O
~+ J ~ a
U m EA Efl EA EA EA FA EA EA ER Efl EA fH H3 A cfi Hi EH EH EA fR FH E9 EH H3 tR EfiT 69 EA E!j tR
e ~
- M I~ tn O N M M O m O t`') V' CO 0~ h- CY M M ~ V' V V lP)
~ ~ ~ (O f~ V N '- CO GO (O CO OJ N <t N <t; oJ O) N O ln c`7 m W N .- CO (D ~ m M
N C J d O d' d' M O) lf~ LC> tn lf1 1~ i~. (+j O M 1~- OJ ~ M N W t~ I~ lfJ CV N N M
L y C O (D W h. O CD ~ ~ 61 61 M (h .- I~- ~- M O m N M V O M M If) 6) N O O N
14
C
£
~ CD N O V !- 6~ W W W W 0~ W N O N N W 1~ N M tn W OJ W I~ 0~ N W N eY
y
j
O
~
o O N M l[J a- ~ t(J ~ ln r .- N a' N I~ tD
P~
y VJ
O °~ ° ~-
~n o y
o ~ ~ ~
N a 'O ~
~ p y a.
A J R fn
U m
ea ~ Ea » t» ~» F» Ea ca ~ F» is> c~ ~» e~ » ES » » E» F» en E» F» ~s ES Ea ~ v> »
~ 6~ O~ O~ O~ 6~ 6~ O~ O~ O~ O~ O~ 6~ m O~ O~ 6~ O~ W O~ W O~ 6~ O~ O~ O~ O~ O~ O~ O~ ~
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N cf'
N C It) I.C) tA lfJ lC) L(J In tn .ln ln ln lf) U~ tf! t[! IA i.n t29 li'1 ~f1 li7 Ln lf) ln ln i.() tfJ I.n lf7 M
~ y~ M M M M M M M. M M M M M M M M M M M M M M M M c`") M P') M M M N
y ~ o
C co
N ~o
N co
N co
N co
N co
N co co co co co cn co co co co co co co cn co co ~o co co w co cfl co V
y p ~
; ~ N N N N N N N N N N N N N N N N N N N N N N N t0
r~
~~
oy~
o~
~ a R ~-
~-om
,~`. J
V EH ER fH V) Efl fR fA ifl EH FA fA EA fR ff3 ~ fA v9 Ef3 VT Vd (A E9 EA fR EH (A Efi Efl H3 Vs
O ln
V M
~
~ A N ~ O
r°~ ~ d d E E E E ~ E E E E E E E E E °'
~ o - -
~-'O ~ 7 > > ~ ~ ~ ~ > > > > > > ~ Y S' Y Y Y
~~
d Q O
U O
U O
U O
C~ V
3k O
U O
U O
U O
U O
U O
U O
U O
U O
U Y
(9 Y
(6 Y
(4 ~
G Y
N Y
N .Y
(6 Y
!0 Y
t6 C
O C
O C ~
#~ G G
U
~
U
~
U
~
U
~
~
U
~
U
~
U
~
U
~
U
~
U
~
U
~
U
~
U
~
Q
Q
Q
~
Y
-
Q
-
Q
-
Q
Q
Q
~ Q.
~ Q.
~
~ a
~ O.
~
CO W O N ~.(~ M m I~- M
~~y
O M
O I~
O 6)
O X
N N
O CD
O d'
O N
O OJ
O CO
O d'
O tD (O
O O
O O
O
O t~
O O
~ O
~ O
O O
O O
O ln
O t~
O
O X
N o~
O (p
O
Cf' V V C I"' I~ (O GO t0 tn Lt) tn ~' V ~- ~ O~ .-- e- ln tf) CO F~ LfJ ln
~ N ~
w
~
«
~ ~ ~ L
O ; ~ j U
0 0 ~ ~ ~ ~ ~
"
v x Y ~ k
* ~ ~ N
-
O x l6 • ~
C W m L 6
~ 6
: ~ (
6
~ E
` ~' N ~ N Ol S 9 J O . ~
N k ~ V .-.
.
N ..
N ' N
~
N L N * '6 .C N y
C G ~ ~7 m 'C ~ U ~ ~ ~ J J J ~ ~ 16
U VI
~ ' G
~'i ~ ~ ~ Q f
il
= ~
L U J C ~' ~ ~ O
+- y
O L p
0 f6
-> °'3 C(I (~ ~ (n V h{ (p ~ ~ US US ~LS ~ N F-
~ C1 - ~ ~ *
~ t6 ~} ~ p) ~- ~ ~ ~2S ~ ~ J o2S Z ~ Vl 'O > > > ~ ~
N
~~ Q N N N Y O (6 ~ ~ O _ p~ N (6 C CO US U ~ ~ 'G ~ N d N W J
j
E O
• T
_ =
~. L
(~ ~
~ C
c (6
g U
(~ C
o ~
K ~
O ~ ~
to U .L.+ O
.o ~
C7 C
r ~
tn •
~
~ (p 7
W G
~ ?~
'o ~ ~ fn -~ ~
m ~
ta
jp T p~ O _ OJ _ _ ~ ' ~. "O 0' W ~
f1
1 N
~
vi ~ Q. -
j ~
O ~ uJ C
O C
O C
O (0
7 d a.
W G1
.C
~
N
N
a
N
N
L
a
'
N
N
X .
~
~~
~
C
p
C
N
'C
~
~
~ ~,
QJ
N
~a °~ m ~O E f6 E E o~ E m ~ -o o ~ a ~ ~ o ~ o c o~ L ~ ~ ~ Y -o -o
O ~ ~ N~ L ~ N O O U _ ~ V (6
~ m ~ O N f0 L ~ -~ ~ 'O 'O ~ U (6 (9
f-0_ .
-~
(n W d' ~ Y S 2 ~ (q ~
t~ 'S ~ ~ U` d' ~ J S' fn Q J ~'i m` Q Q Q ~ C'l C7
~-~ N M V ln CO I~ 0~ m O ~- N M V' I.() (D 1~ 0~ m O N M
~ C' ~ (O I~ W ~
~ N N N cV N N N N N N
~
O
O
N
ti
N
~
w
m
0
~
U
0
N T
'6 ~ _
j U =
~ ~~
~
C ~ O
~ G `~'
- N
~ ~ N
J ~ U
E N U
O m ~
G ~.
L ~ N
a p .~
~ ~ o.
~ o
o~~
C ~ ~
° m o
~ O O
~ y ~
C
~ O ~
LL =
O . -p
~- J ~'
~
m G ~
~ U c~
~ ~ i +
. ~
M
0
N
~
~
~
0
J
~
Z
O
~
Q
e
_
~.!
J
0
V
`~
i
Q
~
Q
~
W
~
0
0
0
_
W
~
~
Z
W
~
W
N
Q
LL
0
Z
0
J
U
~
Q
U
~ N oJ N O I~ ln tfJ ~- N V f~ i`~ i~ OJ ~ m M O O N N 0~ O N f~ t~ ~f1
W O O V' d' O~ d' O O ~ N c0 u) N ~ N V M CO O V N ~A N N N M t~ t~ M
e O O O a' U) oJ O~ ~ N N o~ ~ o~ tfi oJ M V N W I~ o~ N W 1~ ~ 1~ I~ M
~ y~ ~
' f~ CO t~ O ~ CD f"J m N m N N N M O~ ~ CO
' M W M W V'
' N
'
N G p~ ip d O ~ c- M W V M M N N cD o~ O 0~ (O ~ M tn W V tn c0 N ~- d c0 N N 'd
N M M N ~ M ~ ~- I~ ~- e- N N M N .- M .- ~
~~ O O
e '~
O Id.
O °' u' ""
c
N
e
~ O
~ Q
LL
p
~ ~ e o
~
A J u
i o
U `~
E» E» Ea v3 E» e3 e~ va E» E» F» E» » Fa cfl E» ss v> e3 F» E» E» t» bs E» E» » F» ~» cA
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~i' y~ O O O O O O O O O O O O O O O O O O O O O O O O
O w
D W
' (O V M ~ V V '7 d' O~ N (O CO t0 W O
' i~
' M W N
'
0,n f
~ I
~ h. (D N f~ I~ f~ f~- I~. I~ W (O ~ i~ Ih
" m d t`
) W M f~ V
O~
1 'O O N M M V tn (O V V V V M M O) O O~ M (
) ~ O O .- M M Of
..
G7 N y V' ~ OJ N N tt .- .- CD .- .- V V' CO V .- O
N ~ Q Q ~Q Q ~Q Q `-
~ N~ N Z Z Z Z Z Z
a~i m ?Q
'' i~ O
d
W ~ N
. W
Q
fA fA ER EA Efs ER EA (A EA EA fH ~l fA Efl ~3 ER EA EA fA ffl ff3 H~l fA f9
i" ~ ": x~. : :\ .
.{
.,
„
. .. , r
A
n
,~
,,.
..
'.
~..
, .
...
. ~
e «.
...
^~..
...,
t
'
.,,
.a.
:i ,
.
~
.~..,
.
e V O O O !~ Ih O~ O) c0 V' V d' M d' O N W M I~ 0~ ~f1
ln V d' <Y (O t0 M V V CO (O ~Y i~ N f~ I~ O V; M V V d; N CO CO CD (O M
N+.
N C C y ~ ~ ~ N N cV (O c0 6i M N M N o~ tf) ~O O V lc'1 ~ CO (D ~ (D [D M
d O O I~ f~ I~ O V' V C' C' N N ~ V'
' r .~
' ~ r O ~ 61 c0 N N N N N N
~
~ M oJ o~ o~ ln I~ m 1~ 1~ CO fD ~ V r V V N ~ M 7 M N ~ (D (O (O (D V
C y o ~ N N N N •- ~- N N W N N N N N M N N N .~ n
3 d °
0
o
O
LL
y ~
o ~ ~ ~
Q
~
d o
y~ ~ m tL
V vi F» » Ea c» ~» ~ F» ~ us e~ E» f» ~ E» ~ ~» csr e~ cr~~ ~ En Fn F» ~n f» ea va ea w
V M
M
N
O
7 N
C'> ~ d~ E E E E ~ E E E E E E E E E
fl-'a
~
~
~
~
~
7
~
~
7
7
>
>
~
~ (n
' .Y
N Y
N Y
N ~
~ Y
N Y
N
~~ O O O O d' O O O O O O O O O -~-' Y Y ~ Y ~-' -Y i' i' C ~ C ~ C C
aQ c) U U U xt U U C~ U U U U U U m m m ~ m m m m m o 0 0 ~ o 0
0
o
c)
c~
o
0
o
U
n
o
0
0
o
Q
Q
Q ~
Y =
Q _
Q =
Q
Q
Q a
m Q
N a
N a
m a
m
~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ cG ~ ~ fD CO O N tn M ~ f~ M ~ ~ ~ ~ -J ~
M I~ ~ X N (O V N N (O V CO CD O O I~ O O O O O N I~ X ~ (D
~~ o
V 0
V 0
V o
V m
F- o
I~ 0
cD 0
c0 0
CO 0
N 0
~ 0
~
V 0
d' 0
~ 0 0
c- 0
O) ~-
r ~- o 0 0
c- 0
in 0
tn o
c0 m
f o
~ 0
~
0 N ~
J ~ N L
~ M
O x aJ ~ V
~q
u O f6
C U
C •
k ~ ~
~ ` Y ~ M
~
a
: ~p +
; a>
c i
- W *~. ~
m
~ m
~ E
V" y
~ ~, w ~ ~ '~ ' ~6
~Q -~ ° N ~ * ~
: ~ '~ ~
N N d N
N 1
6 ~ ~ ~ N ~ :
~ C L C '+ a C ~ ~
~ y~
O L d C9 C
' ~
~ O ~
m (6 ~ L N >. ~ 0 ~ J J J ~
~ f6
U y ~ G C Q =
°~ ? ~ U O C w'S ~
~
~
~ ~
i~ O
o ~ dp ~ xs m U ~ cn U °a z ~ J ~ ~-
d ~ ~ ~ ~ ~ ~ °~ J as ~ ' a
i
> i
a
> a
i
> c2S ~2S
d
R G o2$ N (n ~ Y -o -O 'C d
O x 0] C
~ L
(6 G ~] ~2f N i
~ N
'C ~
~ ~ ~ N W _I
E = V ~ ~ ~
y N ~ UJ (n Cn "6 N N
Q T U ~
~ C ~ (n ~ ~ Q ~ N ~ CI L
~ N C
~ ~ L 0
N T
~C 0] ~
~
' ~ - O " ~' .D 0' LLJ m ~ ~N -
i d -
i ~ ~ W O O o f
~ a a
W°' ~ a
' N
~ N
°~
`n
°'
o
°~
=
o
°
o
c
~c
~
N
~
~ s
m
°~
R ~ - ~ c m
E
E ~ E m a
i o
- a i
a
°~
~'
~
Y -
o o
-
p j a p ~ ~ w .c s m ~ m o- ~ o v~ m L °' a i -
o -
a o
- c
i ~ ~
F- a (/J W (Y ~i Y 2 = ~ (n tL ~ C7 ~i U' ~' ~ J
>
>
~
N
Q
N
J
~ 15 0] Q Q Q ~ d C'i
.- N M d' tn CD I~ OJ ~ ~ •- N f`J <I' tn CO 1~ OJ ~
.- O
N
N N
N M
N d'
N lt)
N CO
N I~
N N
N W
N
~
O
O
N
~
N
~
W
m
O
h
U
~
T L
O~ U
.~ o
~ Y
y
~
~
9
i ~
~
~
m
a
~ T
~ Z =
0 7
C ) U ~
~ d ~ ~
~ o
w ~ ~ E
,_„ c '~
N Q ~ tN/~
U -J 'O U
U fn U
a O ~ ~
U ~ CO ~.
~ ~
a °- o -
~
O O ~ O
~ O ~ ~
~ o ~ ~
~
~ ~ LL ~
a~ a~ a ~
N N ~ ~.
' 2
tL lL J ~
d ~
m m ~ ~
> >
Q 6 O Q
(~ tA U tA
• y ~ k
+ ~
_,
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 17, 2006
7:00 P.M.
KENAI CYTY COUNCIL CHAMBERS
http: / /www. ci.kenai. ak.us
LTEM A: CALL TO ORDER
l. Pledge of Allegiance
2. Roll Call
3. CERTIFICATION OF ELECTION
4. Agenda Approval
5. Consent Agenda
*All items listed with an asterisk (*) are considered to be rouline and non-
controversial by the council and will Ue approved by one moUon. 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)
1. James McConneli, Palladin Gsoup -- Frontier Community Counseling &
Senior Assisted Housing Project Status Report.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATOItS AND COUIVCILS
ITEM E: PUBLIC HEARINGS
Ordinance No. 2193-2006 -- Amending the Code Violation Fine
Schedule in KMC 13.10.015 to Include a Standard Fine of $25.00 for
Failure to Obtain a Dog License in Violation of KMC 3.20.010.
2. Resolution No. 2006-54 -- Supporting Ongoing Efforts Through
Requests for Siate, Private, Corporate and Grant Funding, to Preserve
and Restore the Jesse Lee Home in Seward, Alaska.
3. Resolution No. 2006-55 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
4. Resolution No. 2006-56 -'I7ansferring $11,125 in the Airport Fund to
Run Electrical Power to Lease Lots.
5. Resolution No. 2006-57 -- Supporting Sensible and Responsible Access
to Oil and Gas Resources on the Alaska Outer Continental Shelf and
Elsewhere in United States Offshore Waters.
ITEM F: M%NUTES
1. *Regular Meeting of October 4, 2006.
ITEM G:
YTENf H:
Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordanance No. 2194-2006 - Authorizing the Sale of Approximately
14.784 Acres at Lot A, Baron Park Subdivision, 2006 Repiat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
4. *Ordinance No. 2195-2006 -- Amending the Kenai Municipal Code at
KMC 14.22.010 (Land Use Table) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dweilings as a
Secondary Use in the Central Mixed Use Zone and Providing for a
Definition of "Secondary Use."
*Ordinance No. 2196-2006 - Amending KMC 14.20.240(c) by Adopting
Mobile Home Standards for MoUile Home Parks Within the City of Kenai.
Approval -- Request for E~tension/Wal-Mart Lease Application -'IYact
l, Baron Park 2005 Replat.
7. Approval -- Authorizing the City Manager to Negotiate a"Personal
Property Sales Contract, Ternunation of Lease, and
Management/Operations Agreements, and Transition Services
Agreement," with AAI Services.
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Comnussion
3. Harbor Conunission
4. Library Cominission
5. Parks & Recreation Commission
6. Planning & Zoning Coxninission
7. Miscellaneous Coimiiissions and Cominittees
a. Beautification Cominittee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMINISTRATYON REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutesJ
2. Council
EXECUTYVE SESSION -- None Scheduled
ITEM M:
KENAI CITY COUNCIL - REGUI,AR MEETING
OCTOBER 17, 2006
7:00 P.M.
KENAI CITY COUNCIL CHAMBEItS
http: //www.ci.kenai.ak.us
IvIAYOR PAT PORTER, PRESYDYNG
MINUTES
ITEM A: CALL TO ORDER
Mayor Porter called the meeting to order at appro~mately T.00 p.m. in the Council
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
The City Clerk took roll. Present were:
Linda Swarner Rick Ross Robert J. Molloy
Mike Boyle (Telephonically) Pat Porter, Mayor Joe Moore, Vice Mayor '
A quorum was present.
Absent: Adam DeMello, Student Representative
A-3. CERTIFICATION OF ELECTION
Clerk Freas read the following election report into the record:
CITY OF KENAI
REGULAR ELECTION OF OCTOBER 3, 2006
WE, the members oI the Kenai City Council, do hereby certify the results of a canvass of the
bailots for the Regular Election of October 3, 2006.
ABSENTEE (in-person, by-fa~c, personal needs, by-mail) AND
UES2IONED BALLOTS RECEIVED
171
ABSENTEE/ UESTIONED BALLOTS REJECTED 22
ABSENTEE/ UESTIONED BALLOTS COUNTED 149 '
POLL VOTER TURN OUT 1,200
TOTAL VOTER TURN OUT 1,349
NUMBER OF KENAI REGISTERED VOTERS 4,949
VOTER TURN OUT 27.26%
•%4~M' #~~KK~k~~kKKk~k~kk~kkR#k4k4~~~~E~N~M~#ktW+ki~#~~~M#k~k~~&M:Mk~k:kMR#~kW~N~~Y~~~~1;4~kY~k#kRKKMbk~#k~~~~~~Rt~~W#~kk:k##~4~~~~
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 2
CITY COUNCIL/THREE-YE.4R SEATS:
CANDYDATE POLL
VOTES
RECEIVED ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
MOLLOY, Robert J. (Bob) 834 92 926
ROSS, Richard A. (Rick) 883 108 991
Write-Ins 48 1 49
CdTY COUNCYL/ONE, ONL-YEAR SEAT:
CEINDIDATE POLL
VOTES
RECEIVED ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
ELDRIDGE, Bar 529 75 604
LEWIS, Anthon (Ton ) 533 65 598
Write-Ins 14 0 14
CITY OF KENAI
REGULAR ELECTION OF OCTOBER 3, 2006
WE, the inembers of the Kenai City Council, do hereby certify the results of a canvass of the
ballots for the Regular Election of October 3, 2006.
ABSENTEE (in-person, by-fas, personal needs, by-mail) AND
UESTIONED BALLOTS RECEIVED
171
ABSENTEE/ UESTIONED BALLOTS REJECTED 22
ABSENTEE/ UESTIONED BALLOTS COUNTED 149
POLL VOTER TURN OUT 1,200
TOTAL VOTER TURN OUT 1,349
NUMBER OF KENAI REGISTERED VOTERS 4,949
VOTER TURN OUQ' 27.26%
«~.«..~~»~~
~kM#M~#t ~k&~kk ~ kkW##~kRk~Y~~k~k~k%k #~MMS#M~a#~f %4M 4M#kkk #Rw %k*A%Fk%k*k#
CYTY COUNCIL/TfiREE-YEAR SEATS:
CANDIDATE POLL
VOTES
RECEIVED ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
MOLLOY, RoUert J. (Bob) 834 92 926
ROSS, Richard A. (Rick) 883 108 991
Write-Ins 48 1 49
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 3
CITY COUNCIL/ONE. ONE-YEAR SEAT:
CANDIDATE POLL
VOTES
RECEIVED ABSENTEE,
ETC. VOTES
RECEIVED '
TOTAL VOTES ',
RECEIVED
ELDRIDGE, Bar 529 '75 604
LEWIS, Anthon (Ton ) 533 65 598
Write-Ins 14 0 14
MOTION:
Council Member Ross MOVED to certify the results of the October 3, 2006 elecflon
and Council Member Swarner SECONDED the motion.
VOTE:
*Student Representative DeMello: Absent
Swarner
I Bovle I Yes I Porter I Yes I Moore I Yes I
MOTION PASSED UNt11VIMOUSLY.
A-4. ADMINISTER OATEiS OF OFFICE
Mayor Porter administered the oaths of offce to Council Members Ross and Molioy
who then took their seats at the dais.
A-5.
AGENDA APPROVAL
Mayor Porter noted a memorandum from City Manager Koch regarding water/sewer
rates minimum monthly charge for R/V Parks.
MOTION:
Council Member Moore MOVED for approval of the agenda and requested
UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were
no objections. SO ORITERED.
A-6. CONSENT AGENDA
MOTION:
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 4
Council Member Moore MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were
no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS
B-1. James McConnell, Palladin Gsoup -- Frontier Community Counseling &
Senior Assisted Housing Project Status Report.
McConnell noted his address as 19501 Wingham Circle, Eagle River, AK. McConnell
reported on the progress in planning the development of the assisted living faciiity and
Frontier Services faeility, a collaborative effort, on property facing Redoubt Avenue in
Kenai.
McConnell noted, a new Master Site Plan is being developed with the assisted living
facility moving to the front of the acreage; the big hurdle will be to acquire design
funds for both the projects; he hopes to have the design documents available by
February/March in order to make presentations for gathering funding; the moving of
the facilities to the front of the acreage will lower the costs of utility placement and,
the long-range plan includes using the back portion of the acreage for independent
senior housing.
ITEM C: UNSCHEDULED PUBLIC COMMENTS
G1. Celia Anderson, Kenai Peninsula College - Ms. Anderson gave her
address as 36H15 Chinulna Drive, Kenai. Anderson reported her college art class
would begin its second portrait-drawing project; a coliaborative effort with the Kenai
Senior Center; it is a three-week project; and, an exhibition of the portraits will be held
on Sunday, DecemUer 3 at 4:00 p.m.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
-- None.
ITEM E: PUBLEC HEARINGS
E-1. Ordinance No. 2193-2006 -- Amending the Code Violation Fine
Sehedule in KMC 13.10.015 to Include a Standard Fine of $25.00 for
Failure to Obtain a Dog License in Violation of KMC 3.20.010.
MOTION:
Council Member Swarner MOVED for the adoption of Ordinance Na 2193-2006 and
Council Member Moore SECONDED the motion.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 5
There were no public comments. It was explained the Animal Control Officer
requested the amendments made to the code as an educational tool to pursue better
compliance of dog owners licensing their dogs.
A request was made to explore a multi-year license and ta include in an upcom~ing
report how many licenses are sold.
VOTE:
*Student Representative DeMello: Absent
~ Swarner ~ Yes ~ Ross ~ Yes ~ Molloy ~ Yes ~
Bovle Yes Porter Yes Moore Yes
MOTION PASSED UNANIMOUSLY.
E-2. Resolutson No. 2006-54 -- Supporting Ongoing Efforts Through
Requests for State, Private, Corporate and Grant F~znding, to Preserve
and Restore the Jesse Lee Home in Seward, Alaska.
MOTION:
Council Member Ross MOVED to adopt Resolution No. 2006-54 and Council Member
Moore SECONDED the motion.
There were no public or council comments.
VOTE:
'~Student Representative DeMello: Absent
Swarner Yes Ross Yes Mollo Yes
Boyle Yes Porter Yes Moore Yes ~
MOTION PASSED UNANIMOUSLY.
E-3. Resolution No. 2006-55 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
MOTION:
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 6
Council Member Molloy MOVED to approve Resolution No. 2006-44. Council Member
Swarner SECONDED the motion and requested LTNANIMOU~ CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-4. Resolution No. 2006-56 - Transferring $11,125 in the Airport Fund to
Run Electrical Power to Lease Lots.
MOTION:
Council Member Swarner MOVED for approval of Resolution No. 2006-45 and
requested UNAIVIMOUS CONSENT. Council Member Molloy SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
E-5. Resolution No. 2006-57 -- Supporting Sensible and Responsible Access
to Oil and Gas Resources on the Alaska Outer Continental Shelf and
Elsewhere in United States Offshore Waters.
MOTION:
Council Member Moore MOVED for approval of ResoluHon No. 2006-57 and requested
UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion.
Bill Osborn, 423 Rogers Road, Kenai -- Encouraged council's approval of Resolution
No. 2006-57.
VOTE:
There were no objections. SO ORDERED.
YTEM F: MINUTES
F-1. Regular Meeting of October 4, 2006 - Approved by consent agenda.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 7
ITEM G:
ITEM H:
x-i.
MOTYON:
UIVFINISHED BUSINESS -- None.
NEW BUSINESS
Bills to be Ratified
Council Member Ross MOVED to ratify the bills and Council Member Swarner
SECONDED the motion.
VOTE:
*Student Representative DeMe11o: Absent
Swarner Yes Ross Yes Molioy Yes
~ Boyle ~ Yes ~ Porter ~ Yes ~Moore Yes
MOTION PASSED UNANIMOUSLY.
Ii-2. Approval of Purchase Orders Exceeding $15,000
MOTION:
Council Member Molloy MOVED to approve the purchase orders exceeding $15,000.
Council Member Swarner SECONDED the motion and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
I-I-3. Ordinance No. 2194-2006 -- Authorizing the Sale of Approximately
14.~84 Acres at Lot A, Baron Park Subdivision, 2006 Replat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
Introduced by approval of consent agenda.
H-4. Ordinance No. 2195-2006 -- Amending the Kenai Municipai Code at
KMC 14.22A10 (Land Use Table) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as
Secondary Use in the Central Mu~ed Use Zone and Providing for a
Definition of "Secondary Use."
Introduced by approval of consent agenda.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 8
H-5. Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting
Mobile Home Standards far Mobile Home Parks Within the City of Kenai.
Introduced by approval of consent agenda.
H-6. Approval -- Request for Extension/Wal-Mart Lease Application -- Tract
1, Baron Park 2005 Replat.
Referring to information included in the packet, City Manager Koch reported the su~-
month eatension was requested to allow time for the negotiation of the purchase
agreement of the property and the receipt of a Corps of Engineers persnit for the
placement or discharge of fill material into wetlands.
MOTION:
Council Member Moore MOVED to ezctend the lease application with Wall-Mart for an
additional sis months. Council Member Ross SECONDED the motion.
Koch also reported:
• The site application is contingent on a 404 Corps Pernut stating what
mitigation measures will need to be taken, however Wall-Mart intends to move forward
acting as if there is a weiland.
• To his knowledge, the fa~ade of the building will be like others in
Anchorage and other areas.
VOTE:
*Student Representative DeMello: Absent
Swarner Yes Ross Yes Molloy Yes '
~ Boyle Yes Porter Yes Moore Yes
MOTION PASSED UNAIVIMOUSLY.
H-7. Approval -- Authorizing the City Manager to Negotiate a"Personal
Property Sales Contract, Ternunation of L.ease, and
Management/Operations Agreements, and Transition Services
Agreement,° with AAI Services.
MOTION:
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 9
Council Member Ross NYOVED to approve the request for authorization and Council
Member Moore SECONDED the motion.
Koch reported:
• The inventory/survey of equipment had been completed.
• He had not yet received a copy of the survey, however, he did not expect
any life/safety issues.
• In speaking with the person who did the survey, he learned the
equipment exhibits normal wear and tear for the time it has been in use.
• He will include the inventory/suroey in the ne~t packet.
• He will not move forward with the purchase if the report is not
satisfactory and he has not discussed issues of concern with council.
VOTE:
*Student Representative DeMello: Absent
Swarner Yes Ross Yes Molloy Yes
( Boyle ~ Yes i Porter Yes Moore Yes
MOTYON PASSED UNANIMOUSLY.
ITEM I: COMMISSION/COMMITTEE REPO12T5
%-1. Council on Aging -- Referring to the meeting summary included in the
packet, Council Member Boyle reviewed actions and discussions from the October 5,
2006 meeting.
I-2. Airport Commission - Airport Manager Cronkhite reviewed actions and
discussions from the October 12 Comrnission meeting, including the Air Fair date and
a proposai to consider purchase of property to add to the airport.
I-3. Iiazbor Commission -- No report. The meeting summary was included
in the packet.
I-4. Library Commission -- Council Member Molloy reported the meeting
summary was included in the packet and the next meeting would be held on
November 7.
A brief discussion took place related to scheduling a joint work session with the
Commission to discuss the proposed library expansion. Administration was requested
to prepare a plan with site information/recommendations and a suggested date for a
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 10
work session. Koch reported he had been developing a list of questions to include in a
survey to city residents and suggested the survey be sent out sometime after the
November 7 election.
I-5. Pazks & Recreation Commission - Council Member Moore reported the
meeting summary of the October 5 meeting was included in the packet.
I-6. Planning & Zoning Commission -- Council Member Ross reported on
actions taken at the OctoUer 11 Commission meeting.
I-7. Miscellaneous Commissions and Committees
I-7a. Beautification Committee - Council Member Swarner reported there
had been no quorum for the October 10 scheduled meeting.
I-7b. Alaska Municipal League Report -- Council Member Swamer reported
the annual conference would begin on November 15.
ITEM J: REPORT OF THE MAYOR - Mayor Porter reported the following:
• She attended a reception welcoming the new manager at First American
'I7tle Company.
• She attended a reception celebrating the ten-year anniversary of the
"Head Start" program.
• She attended the Boys & Girls "Parents Fun Night."
• She stopped by and welcomed two new Kenai businesses.
• Briefly discussed a concern related to a multi-family building being
developed and whether the municipal code required landscaping. Administration was
requested to research codes to address landscaping and size of lots of multi-unit
buffdings in residential areas, presenting the information to the Planning & Zoning
Comnussion and then to Council.
• Announced the eleclion of vice mayor and liaison appointments would
take place at the November l, 2006 councff meeting.
ITEM K: ADMIIVISTRATION REPORTS
K-1. City Manager - City Manager Koch reported the following:
• Reviewed his lay-down memorandum related to water/sewer rates for
seasonai recreationai vehicle parks. A general discussion took place based on
information included in the memorandum and Koch was requested to caiculate what
the actual costs for the eight users would be and provide council with the informafion.
• He and City Attorney Graves are developing language for the Wall-Mart
sales agreement
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 11
• He sent out a letter to the property owners in the active LIDs related to
reduced scope of work for paving projects. Comments received were positive to
reducing the scope of work, i.e. strip paving only. If no negative responses, he will go
forward with the reduced scope of work.
• There are two small streets that were not included in the
Aliak/McCollum LID but he felt they should have been. He will contact the property
owners on those streets and discuss the street's inclusion in the project.
• He met with representatives of the Kenai Sportfishing Association related
to placement of a drift boat pullout at Cunningham Park. Council had no objection to
his continuation of discussions.
• Reminded all a gubernatorial debate will be held at the Challenger Center
on Wednesday at 11:30 a.m. He sent the candidates letters offering to meet with them
if they wished.
Koch was requested to report status of placing new street lights.
K-2. Attorney - City Attorney Graves reported the following:
• He is working with Lowe's and Wall-Mart on purchase agreements.
• He is seeking comments on the airport reserve lease forms.
• He is also working on the non-airport reserve lease form and the General
Fund land code amendments.
K-3. City Cierk - City Clerk Freas reported the following:
• Kenai City Hall would be used as an absentee voting site beginning on
Monday, October 23, 2006.
• She contacted the area legislators and candidates related to a work
session with council to discussion capital improvement projects.
ITEM L:
I.-1. Citizens
Jerry Dunn, 1919 Mission Avenue, Kenai -- Reported he owns an RV park
and feels the $86 monthly eharge during the off season is excessive.
L-2. Council
Moore -- Thanked administration for the dip net report and queslioned the
process for requesting street lights.
Swarner -- • Congratulated Ross and Molloy on their re-election.
• Requested street addresses be included on the building permit report.
KENAI CITY COUNCIL MEETING
OCTOBER 17, 2006
PAGE 12 `
• Stated concern for the street sweeping being done at the site of the new
soccer fields. It was explained the contractor was doing the cleaning and would be
contacted and concerns discussed with hun.
• Suggested the November 15, 2006 council meeting be changed to the
following week due to several council members attending the AML Conference.
MOTION:
Council member Swarner MOVED to change the regularly scheduled November 15
council meeting to November 2 L Council Member Ross SECONDED the motion.
VOTE:
*Student Representative DeMello: Absent
( Boyle ( Yes ~ Porter ~ Yes ~ Moore ~ Yes (
MOTION PASSED UNANIMOUSLY.
Ross -- No corrunents.
Molloy -- Stated his appreciation he was reelected.
Boyle -- No comments.
-- None Scheduled
ITEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 8:40 p.m.
Minutes submitted by:
Carol L. Freas, City Clerk
*The sfudent may cast advisory uotes on a11 matters except those subject to executive
session discussion. Aduisory votes shail be cast prior to the official councii vote and
sha11 not a~fect the outcome of a uote. Aduisory uotes shall be recorded in the minutes.
Student representatiues may not move or second items dunng a council meeting.
r'
Z
O
F-
Q
U
~
~
J
U
Z
~
ao
U p
a N
w `~
z ~
U m
~
~' >
o Z
0
0
o ..
o ~
'{' O
P
f$ V!
Q' Z
? ~
o t21
y ~
h J
W U
g z
5
¢ O
n_ U
~ M ~t
_
~ (V N
~ N N
Q ~
W
U
Z
~
~
N
H, Z ~
Z ~ W
~ ~
O JQ
U W ~
H
4 S ~
u~ tn
~ ~
o O
~ ~
> >
w
U
Z
~
N
z
J
Q
U W
o ~
O G` _
a w ~
m ~
~
N
V
W
o Z w
~
~
d
U C)
W 2
~ U
m w
w
K ~
w ~
w
w ~
a O
a x
~
0
0
N
P
~
W
m
~
W
>
O
Z
LL
0
(7
Z
F-
W
W
~
J
U
Z
~
O
U
~
z
~
O
~
4
h
Z
~
O
U
U
a
F-
a
w
^
o ~
~
~ a
~`! O
~n a
~ J
Q
F
O
~
~
z
~
0
~
w
U
>
~
W
~ z
O
li
O y
¢
~
a w
~
r
a
w
0
w '
U it
J
0 O
a a
z
5
a
w
~
z
0
a
~
w~
}z z
U ~
Z
a
w
O a
~ W U
~ W w
W ~ ~y 0
W
0
a ~
O
~
O W
~
C~ ~
_
U` U
z ~
z
z ~
°-
g ~
a z
~
xs ~
U W
~
W LL
0
!n W
~ W ~
O
¢
Y ~ O
~
z
V
z Z
W
>
!i~
~
Suggested by: Councilor Molloy
CITY OF KENAI
ORDINANCE NO. 2197-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 3.20.020 AND KMC 3.05.100 TO PROVIDE DOG LICENSES ARE EFFECTIVE
FOR THREE YEARS AND SE'I`TING THE LICENSE FEES.
WHEREAS, KMC 3.20.020(b) provides for an annual dog license; and,
WHEREAS, dog licenses are needed to identify their owner, ensure the dog is properly
vaccinated against rabies and to enable the city to contact the owner if a dog is found
at large; and,
WHEREAS, providing for a three-year dog license will make dog licensing more
convenient for the dog owner and easier for the city to administer while still allowing
the city to properly monitor dogs for rabies vaccinations; and,
WHEREAS, the fee schedule in KMC 3.05.100 should be amended to reflect the three-
year period of the dog license; and,
WHEREAS, it is in the best interest of the City of Kenai to amend the Animal Control
code as set forth below.
NOW THEREFORE, BE IT ORDAINED THAT THE KENAI MUNICIPAL CODE IS
AMENDED AS FOLLOWS:
SECTION I
KMC 3.20.020(a) is amended as follows:
3.20.020 Licensing Procedure
(a) Application for a dog license shall be to the Chief Animal Control Officer. The
application shall include:
(1) The name and address of the owner of the dog;
(2) The name, breed, color, age and sex of the dog;
(3) Proof that the dog has a current rabies vaccination;
(4) The license fee required by KMC 3.05.100;
(5) Written proof that the dog is sterile, if the owner seeks to qualify for the
reduced license fees under KMC 3.05.100(b).
(b) [A DOG LICENSE SHALL EXPIRE ON DECEMBER 31ST OF EACH YEAR.] A
do~ license shall expire on December 315L of the third vear of issuance. For
examnle, a doe license purchased in October of 2006 would expire on
December 315t of 2008
Ordinance No. 219'7-2006
Page 2 of 2
(c) An application to renew a license issued under this chapter shall be made at
least thirty (30) days before the license e~pires, and shall be made in the same
manner as an application for a new license.
SECTION II
KMC 3.05.100 is amended as follows:
3.05.100 Fees
(a) The fee for a kennel facility shall be $5.00 per dog in the facility, up to a
maximum of $25.00.
(b) The fee for a dog license shall be ($2.00] 10.00 for a sterilized dog and [$10.00)
30.00 for all other dogs.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of
November, 2006.
PAT PORTER, MAYOR
A'ITEST:
Carol L. Freas, City Clerk
Introduced: November l, 2006
Adopted: November 21, 2006
Effective: December 21, 2006
-{~I
1
Suggested by: Administration
CYTY OF KENAI
ORDINANCE NO. 2198-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE AIRPORT FUND
FOR PROFESSIONAL SERVICES.
WHEREAS, it is in the best interest of the City of Kenai to obtain consulting services to
develop on airline operating agreement; and,
WHEREAS, these professional services are estimated to cost ~15,000; and,
WHEREAS, funds are available in the fund balance of the Airport F~tnd.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as foliows:
Airport Fund
Increase Estimated Revenues:
Appropriation of Fund Balance ~15 000
Increase Appropriations:
Terminal - Professional Services $7,500
Airfield - Professional Services 7,500
1 S 000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 215~ day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(10/25/2006) hl
Introduced: November O1, 2006
Adopted: November 21, 2006
Effective: November 21, 2006
"Sewi.v-,c~t~iGv~a~v~ Ke~.~ta~ ~e~.%a1,~t,+.ta:'
3osN.uHUOwsT.suorE~ ~w,a.as~ca ~7
T~HOIdE 90T-2837~1
FAX 907,2833737
~ ~ •
To: Rick R. Koch, City Manager
From: Rebecca Cronkhite - Airport Manager,Q~~'
Date: October 25, 2006
Subject: Airline Operating Agreement
HISTORY: The Supplemental Planning Assessment recommended the City negotiate an
Airiine Operating Agreement and Terminal Building Lease with the Airlines. During work
sessions, it was pointed out that the first operating agreement negotiation is cruciai and requires
expertise in the field. There seemed to be a concurrence on this point from Council,
Administration and Commission. We have been able to use the FAA funded Supplementai
Planning Assessment to conduct most of the background work for this negotiation, however the
actual negotiation is not grant fundable.
RECOMMENDATION: I have requested a proposal from Steve Horton to lead the negotiation
team. City administrative staff would participate in the negotiations with the intent that the City
might then choose to conduct future negotiations independent of a consultant. Mr. Horton's
proposal is attached. it is my recommendation that the City approve funds in the amount of
$15,000 for this project and proceed with negotiations. Leases with both carriers operating at
Kenai have expired and are currently on a month to month basis. The airlines have agreed to
extend on a month to month basis pending completion of an airline operating agreement.
www. ci. kenai. ak. us.
Municipal Airport
, October 26, 2006
Ms. Rebecca Cronkhite
Airport Manager
Kenai Municipal Airport
305 N. Willow, suite 200
Kenai, Alaska 99611
Dear Ms. Cronkhite:
Thank you for the opportunity to propose our services to the Kenai Municipal Airport to assisC
in negotiating an Airiine Operating Agreement and Terminal Building Lease with airlines that
currenfly provide commercial passenger service to Kenai. This letter presents the objectives,
approach, time frame and fee basis that we propose for conducting this project.
Objectives
The objecYive of this project is Yo negotiate a new airline agreement to be drafted as parC of the
project we have proposed to implement recommendations of the Supplemental Planning
Assessment Terminal Lease Analysis. Our general philosophy for assisting in fhe negotiation
of airline a~reements is to focus on achieving an agreement that reflecCS current industry
practices while strengthening the Airport's capabiliry eo recover its costa of operations and
capital in the fizture. This plulosophy includes ensuring thaY Ciry ordinances, federal
regulations and oeher legal requirements are met. It also includes an objective of establishing
reasonable rates and chazges that result in Airport fmances that are as self-sufficient as possibie
while recognizing the economic difficulties that the airline industry currently faces.
Approach
Our approach for conducting this project includes the following steps:
•• Meet with Airport/City management to discuss the City's objectives for negotiating new
airline agreements and to identify key agreement issues and concerns.
•• Establish and define participant roles for an airiine negotiations committee including
management, fmancial and legal representacion.
•• Review and discuss key background issues with the airline negotiations committee that
include:
•••• Updated airline rate calculations based on the structure developed in the S~pplemental
Planning Assessment Rates and Charges Study
•••• RegulaCOry requirements and consCraints for airline rates and charges
-1-
•••• Key provisions of the draft airline agreement
•••• Recent airline market conditions in Kenai
••^ Local polifical, media and communiry support environment
•••• Aizport's past and present relationship with the airlines, their presumed attitude about
rate adjustments and their probabie negotiating posture based on previous experience
with airline representatives.
~• Develop negotiation strategy
^••• Goals - short and long term
• • • • Term of the lease
•••• Operational issues
•••• Minimum acceptable outcomes and potential contract concessions
•••• Potential opposing issues and concerns of the airlines and the Airport's response to
these concerns
•••• Communications with the local media
•~•• Agreement versus ordinance/resolution.
•• Distribute the proposed agreement draft with rate calculation schedules to fhe airlines and
confirm the first negotiation meeting dafe in Kenai.
•• Conduct the initial negotiation meeting:
•••• Review and discuss the proposed rate structure
•••• Review and discuss provisions of the proposed agreement draft
•••• Address airline comments and concerns.
•• Prepare analyses in response to airline concerns, alternative rate structure proposals and
aiternate contract rerms proposals.
•• Conduct additional negotiation rneeYings as required.
•• Finalize and issue the contract document and rate calculations.
Time Frame
The time frame for conducting the negotiation process is difficult tQ esfinzate because of the
airlines' availability and their own agenda for completing the negotiation. The negotiation
meetings could take several months to conclude. Initially, we aneicipate two to three trips to
Kenai to review the draft agreement and preliminary race calculations and discuss any concerns
the airlines may raise. The actual time span and number of trips required will depend on any
diPficulCies encountered and on the manner in which the airlines conduct the negotiation.
-2-
Fee Basis
We cannot provide a fee quote for this pxoject because of the uncertain time frame required for
conducting the negotiation process, considering alCernative contracY provisions and revising the
agreement. Consequently, our fees for these services will be on a time-and-materials basis
charged at our standard hourly rate of $213/hour for principals on our staf£ We have
compieeed other airline negofiations in as liule as 40 hours while others have taken much
longer. Any out-of-pocket expenses for the negotiation project will be charged as actualiy
incurred.
We appreciate the opportunity to assist the you with this project. Should you have any
quesuons or need additional clarificarion of any elemenY of our approach, please contact us to
discuss them further.
Very truly,
~ Stephen B, Horton
-3-
~
Suggested by: Administration
CYTY OF KENAY
ORDINANCE NO. 2199-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $16,400 IN THE GENERAL FUND
FOR A HOMELAND SECURITY GRANT.
WHEREAS, the State of Alaska has offered the City of Kenai a Homeland Security
grant to re-write the City of Kenai Emergency Operations Plan; and,
WHEREAS, it is in the best interest of the City to accept this grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
General F`und
Increase Estimated Revenues:
Federal Grants $16,400
Increase Appropriations:
Fire Department- Professional Services $16 400
~
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 215Y day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: November Ol, 2006
Adopted: November 21, 2006
` Effective: November 21, 2006
Approved by Finance:
(10/25/2006) hl
~
Suggested by: Administration
CYTY OF KENAI
ORDINANCE 1V0. 2200-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE EXISTING TITLE 22 OF THE KENAI MUNICIPAL CODE AND REPLACING IT WITH
A NEW TITLE 22 ENTITLED, "GENERAL FUND LANDS."
WHEREAS, the City of Kenai has undergone a long process of examining its city code
provisions regarding land ownership and disposition; and,
VSHEREAS, the City of Kenai has re-written its land code regarding airport land both
within the newly created airport reserve and outside of the airport reserve; and,
WHEREAS, the City of Kenai in its capacity as a general fund entity and in its capacity
as an airport both own land; and,
WHEREAS, the requirements for land ownership and disposition for general fund and
airport land are different; and,
WF-IEREAS, the City of Kenai should update and revise the city code regarding land
ownership and disposition of general fund land; and,
WHEREAS, it is in the best interest of the City of Kenai to revise and replace its
existing Title 22 with a new Title 22 entitled "General Fund Lands."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the existing Tifle 22 (City Owned Lands) is hereby repealed and replaced
by a new 11t1e 22 (General Fund Lands) as shown on Attachment "A."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 215t day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: Arovember l, 2006
Adopted: November 21, 2006
Effective: December 21, 2006
Title 22
GENERAL F(JND LANDS
Chapters:
22.05 Disposition of City Lands
Ordinance No. 2200-2006 Attachment A
Page 1 o'f ll
Title 22.05
DISPOSITION OF CITY LANDS
Sections:
22.05.010
22.05.015
22.05.020
22.05.025
22.05.030
22.05.045
22.05.050
22.05.055
22.05.0G0
22.05.065
22.05.070
22.05.075
22,05.080
22.05.085
22.05.090
22A5.095
22.05.100
22.05.105
22.05.110
22.05.115
22.05.120
22.05.125
22.05.130
22.05.135
Power to dispose of real property.
Sale or disposal.
Qualifications of applicants or bidders.
Applications.
Filing Fee and deposit.
Review.
Appraisal.
Terms of lease.
Annuai minimum rent.
Bidding Procedure.
Principals and policy of lease rates.
Reimbursement for city-constructed improvements.
Lease Execution.
Lease Utilization.
Conveyance to encourage new enterprises.
Sale.
Sale procedure.
Terms for ~inancing sale of city lands.
Determinations as to need for public use.
Property exchanges.
Property sales to adjacent owners.
Grant or devotion.
Use Permits
Acquisition of Real Property.
22.05.010 Power to dispose of real property.
(a) The provisions of this Chapter apply to general fund real property.
(b) The City may sell, convey, exchange, transfer, donate, dedicate, clirecC, or assign to use,
or otherwise dispose of City-owned real property, including property acquired, held for, or
devoted to a public use, only in accordance with this chapter, and, with respect to properties
acquired Chrough foreclosure for Caxes, in compliance with those terms and provisions of AS 25
which home-rule municipalities are required to comply with. Disposal or sale of lands shall be
made only when, in the judgment of the City Council, such lands aie not required for a public
purpose.
22.05.015 5ale or disposal.
~ The City may sell or dispose of real property by warranty or quit-claim deed, easement, lease,
grant, permit, license, deed of trust, mortgage contract of sale of real property, plat dedication,
Ordinance No. 2200.2006 Aftachment A
Page 2 of 11
tax, deed, will, or any other lawful method or mode of conveyance or grant. Any instrument
requiring execution by the City shall be signed by ehe City Manager and attested by the City
Clerk. The form of any instrument sha11 be approved by the City Attorney.
22.05.020 Quali~cations of applicants or bidders.
An applicant or bidder for a lease is qualified if the applicant or b'rdder:
(a) Is an individual at least eighteen (18) years of age or over; or
(b) Is a group, association, or corporation which is authorized to conduct business under the laws
of Alaska; or
(c) Is acting as an agent for anoTher and has qualified by filing with the City Manager a proper
power of attorney or a letter of authorization creating such agency. The agent shall represent
only (1) one principal to Che exclusion of himself. The term "agent" includes real estate brokers
and agents.
22.05.025 Applications.
(a) Ali applications for lease of lands shall be filed with the CiCy Manager on forms provided by
the City available aC Ciry Hall. Applications sha11 be dated on receipt and payment of filing fee
and deposit. No application will be accepted by Che CiYy Manager unless it appears to the City
Manager to be complete. Filing fees are not refundable.
(b) With every application, the applicant shall submif a development plan, showing and stating:
(1) The purpose of the proposed lease;
(2) The use, value and nature of improvemenes to be constructed;
(3) The type of construction; ~
(4) The dates construction is estimated to commence and be completed (ordinarily a
m~imum of two (2) years); and ~~~
(5) Whether inYended use complies with the zoning ordinance and comprehensive pian of the
CiCy. Applications sha11 become a part of the lease.
22.05.030 Filing fee and deposit.
(a) When submitYing an application for lease of land, the applicant shall
(1) pay a non-refundable filing fee in the amount of one hundred dollars ($100.00); and
(2) make a deposit to show good faith and secure the CiCy in payment of any costs in the
following amounYs:
(i) an appraisal cost recovery deposit of two thousand dollars ($2,000.00); and
(ii) an engineering, surveying and consulting cost recovery deposit of two thousand dollars
($2,000.00).
(b) If the City decides to reject the applicant's application and not enter into a lease with the
applicant through no fault of the api~lieant or failure of Che applicant to comply with any
requiremenL of this chapter, any deposit made under (a)(2) of this section will be reYUrned to the
applicant.
(c) If the City enters into a lease with the applicant any deposit made by the applicant under
(a)(2) of this secYion will be applied to the City's engineering, appraisal, and consulting costs
related to the processing of the applicanYs applicaCion and entering into Yhe lease. The City will
apply any unused balance of a deposit fo the rent payable under the lease. If the City's costs
exceed the amounf of any deposit, Yhe applicant shall pay the shortage to the City as d condition
of the lease.
Ordinance A~o. 2200-2006 Attachment A
Page 3 of 11
(d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay,
as determined by the City Manager, or refuses to sign a lease offered to the applicant, the City
Manager will rejecC the applicanYs application and apply any deposit made by the app]icant
under (a) of this section to the City's appraisal, engineering, and consuiting costs incurred in
connection with the applicanYs application. If the City's costs for appraisal, engineering and
consulting costs exceed the deposits, the applicant will be responsible for these costs. The City
will retum any unused deposit balance Co the applicant.
22.05.035 Rights prior to leasing.
The filing of an application for a lease shall give the applicant no right to lease or to the
use of Che land for which they have applied. The applicaCion shall expire within twelve (12)
months after the application has been made if a lease has not been entered into between the City
and the applicant by that Cime unless the City Council for good cause grants an extension. No
extension may be granted for a period longer than six (6) additional months. Lease rates a~-e
subject to change on the basis of an appraisal done every twelve (12) months on the property
applied for.
22.05.040 Processing procedure.
(a) Applications shall be forwarded to the Planning and Zoning Commission upon receipt. The
Planning and Zoning Commission shail normally consider applications for specific lands on a
first-come, first-served basis if the Commission finds that the application is compiete and
conforms to the comprehensive plan and the Kenai Zoning Code. Where there is difficulty in
obtaining a perfected application, details as to development plans, ete., or where the applicant
fails to comply wiYh direcCions or requests of the Planning and Zoning Commission, any such
prioriry will be lost. If an appiieaCion for the purchase of City-owned lands, previously
authorized for sale by the Council, is received by the City prior to the Kenai Planning and
Zoning Commission making an affirmative or negative recommendation to the Council
regazding the lease applicarion for the same property, the City may elect to se11 said property in
accordanee with the provisions of the Code.
(b) The City Council shall normally consider a lease proposal only after approval of the Planning
and Zoning Commission. However, appeals of Planning and Zoning Commission disapproval
may be made to the City Council. Completed lease applicaYions must be presented to the City
Council wiYhin thirty (30) days after approval by the Planning and Zoning Commission.
(c) Where there are Cwo (2) or more applications for the same lands for different uses, then if the
Planning and Zoning Commission makes a finding that a subsequent application would result in
use of the Iands for a higher and better purpose with a greater benefit to the City of Kenai and the
citizens thereof, then Che lease will be issued to such applicant notwiYhstanding the provisions of
subparagraph (a) in this section whieh provide for leasing on a first-come, first-seived basis.
Any applicant may appeal to the City Council from a finding or a refusal Co find by the Planning
and Zoning Commission by filing an appeal with the City Clerk within seven (7) days after the
finding is made or refused by the Planning and Zoning Commission.
(d) The decision whether or not to lease land rests in Yhe sole discretion of the City Council.
Ordinance No. 2200-2006 Attachment A
Page 4 of 11
22.05.045 Review.
No leased land may be changed in use, nor may any renewal ]ease be issued until the
proposed use or renewal has been reviewed by the Planning Commission and approved by the
Council.
22.05.050 Appraisal.
No land shall be sold, leased, or a renewai of lease issued, unless fhe same has been
appraised within a twelve (12) month period prior to the sale or date fixed for beginning of the
term of the lease or renewal lease. No land shall be leased for less than the approved appraised
annual rental. Appraisals shall reflect the number and value of City services rendered the land in
question.
22.05.055 Terms of lease.
All leases shall be approved by the CiTy Council before the same shall become effective.
The term of any given lease shall depend upon the durability of the proposed use, the amount of
investment in improvement proposed and made, and the nature of the improvement proposed
with respeet to durab~liCy and Yime required fo amortize the proposed invesCment.
22.05.060 Annual minimum rental.
(a) Annual minimum rentals shall be computed from fhe approved appraised market value
utilizing the method as described in KN1C 22.05.070 below.
(b) Upon execution of the lease, the lands become taxable to the extent of iCs leasehold interest
and lessee shall pay a11 real property tases levied upon such leasehold interest in these lands, and
shall pay any special assessments and taxes as if he were the owner of said land.
(c) Rent shall be paid annually in advance. Said payments shall be prarated to conPorm to the
City of Kenai's fiscal year beginning 7uly 1 and ending 7une 30. If the equivalent monthly
payment exceeds two hundred dollars ($200.00), then the lessee shall have the option of malting
payments on a monthly basis.
(d) Lessee shall be responsible for all sales taxes applicable to its operations.
22.05.065 Bidding procedure.
As an excepYion to general policy listed above, the City Council may designate a specific
lot or lots to be made available only for bid. This provision shall apply only when there is no
outstanding application pending on the lot or lots. As designated, sealed bids shall be received
offering a one-time premium in addition to the esCablished lease rate. Highest bid, howevex,
shall be subject to all provisions of review and approval established for all other lease
applications.
22.05.070 Principles and policy of lease rates.
(a) A fair return eo the General Fund is the policy of the City, unless deviation from that policy is
in the best interest of the City as determined by the Ciry Council. To ensure a fair return, all
leases for a period in excess of five (5) years shall include a redeYermination clause as of the fifth
anniversu-y, and all lands for lease shall be appraised priar to lease and again prior to
redetermination. Lease rates:
(1) Shall be based on fair market value of Yhe land, ineluding an appropriate consideration of
facilities and services available (public water, public sewer, storm sewers, and other public ~
Ordinance No. 2200-2006 Attachment A
Page 5 of 11
~ utilities) as determined by a qualified independent appraiser, considering the best use of the
specified 1and; and,
(2) Shall be ei~ht percent (8 %) of fair market value.
(b) For leases in existence prior to the effective date of this chapter, the lease rate
redeCermination sha11 be as provided in the lease.
(c) The City Manager shall change the rent in a lease by giving the lessee written notice at least
th'rrty (30) days in advance of the effective date of the change.
(d) The "Fair Market Value" of the Premises shall be equal to the then-fair market rate for
similar commercial property in Che City of Kenai, Alaska (the "RelevanY Area"). City shall give
notice to Lessee oF City's estimaCion of ehe Fair Markef Value not later than thirty (30) days prior
to the expiration oP Che then-applicable five-year period, as evidenced and supported by the
written opinion of an independent real estate appraiser certified under Alaska Statute 8.87,
selected and paid for by the City, familiar wiCh the Relevant Area (the "First Appraiser"). If
Lessee disagrees with such estimate, iY shall advise tl~e City in writing Chereof within thirty (30)
days of Lessee's receipt of such estimate, as evidenced and supported by the written opinion of a
real estate appraiser certified under Alaska Statute 8.87 (selected and paid for by Lessee) familia~~
with tl~e Relevant Area (the "Second Appraiser"). The parties shall promptly meet to atYempt to
resolve their differences between the First Appraiser and the Second Appraiser concerning the
Fair Market Value of the Premises. If City and I.essee cannoC agree upon such value then, with
all deliberate speed, they shall direct the First Appraiser and the Second Appraiser to
expeditiously and mutually select a third real estate appraiser certified under Alaska StaeuCe 8.87
(selected and paid for jointly by the parties) familiaz with the Relevant Area (Yhe "Third
Appraiser"). WiChin Chirty (30) days after the Third Appraiser has been appointed, Che Third
Appruser shall decide which of the Ywo respective appraisals from the First Appraiser and the
Second Appraiser most closely reflects the Fair Market Value of the Premises. The Fair Market
Value of the Premises shall irrebuttably be presumed to be the value conCained in such appraisal
selected by the Third Appraiser, and the rental shall be redetermined based on such value.
Notwithstanding anything to the contrary herein, rental shall conCinue to be paid at the then-
appiicable rate unCil any such new rental rate is established, and Lessee and City shall promptly
pay or refuad, as Che case may be, any varianee in the rental, without interest thereon accruing to
the extent to paid/refunded in a Cimely fashion.
22.05.075 Reimbursement for city-constructed improvements.
(a) The City Manager may include in a lease a requirement for the lessee to reimburse the City
for the City's cost of
(1) land clearing, gravel ffiI, utiiiYy extensions and oCher improvemenCS or amenities c~n or in
direct conneetion with the premises, constructed by Che CiCy prior to the effective date of the
lease; or
(2) land clearing, ~avel fill, utility extensions and other improvements or amenities on or in
direct connection wiCh the premises, which the Ciry agrees to construct as a condition of the
lease, subject to City Council approval.
(b) The Lessee shall reimburse Yhe City for the City's eost of constructing the improvements in
ten (10) equal annual payments, plus interest at eight percenY (8%) per year on the unpaid
balance. If Yhe lease is for less than ten (10) years, the repayment schedule may not be longer
Chan the term of the lease. The Lessee may pay the entire remaining balance to the City at any
time dunng the term of the lease.
Ordinance No. 2200-2006 Attachment A
Page 6 of ll
22.05.080 Lease execution.
The lease applicant shall execute and return Yhe appropriate lease agreement with the City
of Kenai wiYhin thirty (30) days of mailing the agreement to said applicant. The lease agreement
shall be prepared in accordance with Yhe requirements of this title. Failure to execute and retum
Che lease agreement within the specified period shall result in the forfeiture of ali leasing i-ights.
22.05.085 Lease utilization.
Leased lands shall be utilized for purposes within the scope of the applicaCion, the terms
of the lease and in confarmity with the ordinances of the Cify, and in substantial conformity with
the Comprehensive Plan. Utilization or development for other than the allowed uses shall
eonstitute a violaeion of the lease and subject the lease to canceliation at any time. Failure Yo
substantially complete the development plan for the land shall constitute grounds for
cancellation.
22.05.090 Conveyance to encourage new enterprfses.
(a) Notwithstanding any other provisions of this chapter, where it is found fhat
encouragement of a new commercial or industrial enterprise would be beneficial to the City of
Kenai, the City Council by ordinance so findin~ may direct conveyance of one or more parcels
of City land by Yhe City Manager to such enterprise upon such terms as to price, conditions of
conveyance, and with such contingencies as may be set forth in said ordinance.
22.05.095 Sa(e.
(a) Lands, to which the City oP Kenai holds riYle which are noY restricted from sale by the
Deed of Conveyance eo Che Ciry, or which have been released from such restrictions, which the
City Council has defermined are noC required for a public purpose, may be lisfed for sale by the
City Manager, except that lands which have been leased shall not be sold unless the Lessee has
made a written request to Che City to place the land for sale.
(b) Sales of land pursuant to subsection (a) above shall be made at not less than fair market
value. The purchaser shall execute the "Agreement For Sale of Land" within one (1) year of the
daCe of appraisal. The City Manager has the option to dispose of such propesties in accordance
with the sale procedures seC out in this Tide:
(1) By negotiated sale; or
(2) By outcry auction eo the highest responsible bidder; or
(3) By competieive sealed bids Co the highest responsible bidder.
In Che event that the sale is noC closed within six months of fhe date of appraisal, ehe buyer will
be charged, upon ciosing, interest computed in accordance with the applicable provisions of Yhe
Kenu Municipal Code, based apon the toYal sales price for the number of days past the
expiration of the six-month period.
22.05.100 Sale prucedure.
(a) The CiCy Manager will obtain such an appraisal for a determination of the minimum price
on said land.
(b) Where any party, hereinafCer called "Applicant," requests that a tract ar tracts of land be
sold Por which an appraisal will be required, which will require subdividing, platung, or
surveying and staking, or which will require advertising or incurring any other expenditures by
the City prior to sale,
Ordinance No. 2200-2006 Attachmenf A
Page 7 of 11
(1) No actions in preparation for sale will be taken by Che City until an agreement to purchase
shall be properly executed and filed with the City Manager for the purchase of such land with
payment of sufficient good faith deposit, which shall consist of cash or its equivalent deposited
wiCh the Finance OfFicer of the City of Kenai, as may be determined by the City Manager, to
cover all expenses of the City and such agreement to purchase shall further contain the
agreement by applicanC to pay any additional costs if said good faith deposit is insufficient to pay
a11 costs incurred by the CiYy.
(2) If at any time during ~he process of preparing Por sale, the applicanC gives notice
to the City Manager of withdrawal of the request for sale, the City Manager shall stop all
procedures, shall pay expenses incuned prior to termination of sale procedures, and shall
reimburse applicant for any good faithdeposit advanced in excess of all expenses incurred.
(However, if anoYher party desires Che sale to proceed, files an application for sale, executes and
files an agreement to purchase, and advances sufficient funds therefor, Chen the prior appiicant
will be reimbursed for expenses eharges which can be attributed to the subsequent applicant.)
(3) If ail actions necessary for preparation for sale have been accomplished, and if
neither the appiicant nor any other party purchases said land when firsY offered for sale after such
request, then all expenses incurred in preparation for the sale will be paid From the good-faith
deposit, and the balance, if any, shall be returned to the applicant. If the sums advanced as good
faith deposit are insufficient to pay all of the costs, the applicant will be billed for the balance
due and normal collection procedures followed.
(4) If the land applied for is sold on public sale set in response to such request to
anyone other Than applicant, then on
closing of said sale, the good-faith deposit will be refunded in toYal Co tl~e applicant. The City's
expenses wiil be firsT deducYed from the deposit of the successful bidder.
(5) If the land in quesrion is sold Yo applicant, the good-faith deposit advanced, after
deducting Che City's expenses, will be applied on the payment due at closing.
(6) If the land in question is to be sold by sealed bid and the applicant has submitted a
valid bid, but said applicant is not the high bidder, he may purchase the land by tendering the
City a bid equal to the high bid wiChin five days of the bid o~ening. If the land sale is initiated in
accardance with KMC 22.05.040(a), the applicant shall be defined as that party submitting the
initial lease applicaYion.
(c) If the tract of land proposed to be soid is leased land, the lessee may request Yhe saie of
said land af not less than Yhe fair market value. The cunent lessee obTains this right to requesC a
sale only after, to the satisfacuon of the Ciry Manager, development has been completed as
detailed in the development schedule which has been incorparated into the lease agreement If
there is no development schedule, the lessee may purchase the property if there have been
substantial improvements as determined by the City Manager. The decision whether or not to
sell the land to the lessee rests with Che sold discretion of the City.
(d) If the tract of land proposed Co be sold is noe leased land, or is leased land without
substantial improvements, then the tract of land may only be sold by ouCCry auction or• by
competitive sealed bids. If the tract is to be put up for such competitive auction or sealed bid
sale, noCice of sale and the manner in which the land is Yo be sold shall be published in a
newspaper of general circulation within the City onee each week for Cwo successive weeks not
less than 30 days prior Co the date of~sale; such nolice shail also be posted in at least three public
places within the City at least 30 days prior to the date of sale, and such other notice may be
Ordinance No. 2200-2006 Attachment A
Page 8 of ll
given by such other means as may be considered advisable by the City Manager. Such notice
must contain:
(1) the legal description of the land,
(2) a brief physical description of the land,
(3) ehe area and general locaCion of the land,
(4) the minimum acceptable offer for the land (which shall be its appraised fair
market value),
(5) the teims under which the land will be~sold,
(6) any limitations on the sale of said land,
(7) the time and place set for the auction or bid opening,
(8) the amount of deposit to be submitted wiYh each bid in order to cover the CiCy's
expenses such as survey, appraisal, and reviews,
(9) any other maYters concerning the sale of which the City Manager believes the
public should be informed.
(e) Tf no offers are submitted meeeing the minimum acceptable offer (or appraised valuation),
Yhe CiCy Manager may negotiate for sale of said tract or tracts of land with a modification of
proposed terms or for less than the appraised valuation provided that no such negotiated sale for
less than appraised value shall be binding upon the City unless the terms and price therein are
approved by resolution of the City Council.
(~ Where a real estate agenC furnishes a buyer for City land, the closing agent shall be
authorized Co pay said agent a real estaYe commission of five percent (5%) of the purchase price
for Che land or five percent (5%) oP the appraised fair market value of the land, whichever is
lower, under the following terms and conditions
(1) The City Manager shall provide a non-exclusive listing of lands available for sale.
(2) No commission shall be paid to an agent where said agent is a party, or in pi7vity
with a party, to said sale.
(g) Closing of sale of City lands shall be handled by a title or escrow company within the
city which specializes in closing of reai estate sales.
(h) Conveyance of City lands sha11 be by quit claim ar warranty deed furnished by the CiCy,
and buyers are advised that all such conveyances are subject to all liens, encumbrances,
restrictions, and covenants of record and are specifically, without being limiTed thereto, subject
to any unreleased restrictions contained in the deed or deeds by which the CiCy received fitle to
the land.
(i) If a buyer desires to obtain a preliminary commitment for titie insi~rance or tifle insurance
to the land, then it shall be the responsibiliry of Yhe buyer Co obtain such commitment or
insurance and to pay for Yhe same.
(j) If the tract or isacCS of land are sold under terms by which the City is to accept a note as a
portion of the purchase price, the note and accompanying deed of trust must be prepared by an
atCorney, but must be approved by the City ACtorney prior to closing.
(k) Said note shall be placed for eolIection wiYh a bank selected by the City Manager, which
may be changed from time to time, and which shall be the bank in which City funds are
deposited. The seC-up fee to initiate collection may be negociaeed as specified in KMC
22.05.100(1), and the buyer sha11 pay the annual collection fees for such bank collection.
(1) To enable the City to compete on an equal basis with private enterprise in lands disposal,
the City Manager is hereby authorized to negotiate a division of ehe costs of sale listed in KMC
22.05100(g)(h)(i)(j) and (k~) to a maacimum of fifty percent (50%) of the required costs being ~
Ordinance No. 2200-2006 Attachment A
Page 9 of 11
borne by the City, provided however that no costs of sale will be paid by the City where a sale is
negotiated at a price below appraised rair Market Value.
22.05.105 Terms for financing sale of City lands.
(a) In arder to expedite and facilitaTe the sale of City lands, the City Manager is hereby
aathorized to accept teims far said sales and may accept a note secured by a deed of trust for a
portion of the purchase price thereof, subject to the following restrictions:
(1) If the sale is to a lessee who has placed a lien for financing upon The land or
improvements, then the City Manager is not authorized to sell the land excep2 far total cash
paymenY, provided, however, that the CiCy Manager may accepC a note secured by a deed of trust
subordinate to the existing security interest if the amounC of Che note thereby secured is within
the difference between Che fair markeC value of Che land with improvements, and the sum of all
prior secunty interests. The sale documents shall be subject to the same resCrictions contained in
the lease as the lease provides at the time of sale.
(2) Except Por property sold by the City subsequent Co foreclosure for delinquent taxes or
assessments, priar to making a determination to accept a note and deed of trust from a
prospective purchaser, the C'rty Manager shall secure a preliminary commitment for title
insurance and a review of the grantee index covering the party desiring to pw~chase Che land from
the tiYle company in the local recording district, and no eredit will be advanced on such sale if
there are any delinquent liens or unpaid judgments found in the Citle company report until any
such judgments or liens are paid and releases therefor have been filed.
(3) In fhe evenC of a credit sale, the down payment required shall be determined by the City
Manager, but shall not be less Yhan fifCeen percent (15%) of the sales price.
(4) The City Manager is not authorized to accept terms for the sale of Cax-foreclosed lands
unless the down payment to be received thereunder, or other sums appropriated for the purpose,
are sufficienC to make immediate payment to the Kenai Peninsula Borough and the foimer record
owner of the sums which are, or may become, due to them pursuant co the provisions of AS
29.53.380.
(b) If the City Manager determines that it is in fhe City's interest to sell City lands, the sale
shall be either a cash transaction or by a note secured by a deed of trusC, subject to paragraph (a)
above, and by no other means. The note and deed of trust shall cany terms as follows:
(1) The term of such note may be set by the City Manager, but is shall provide for monthly
payments and not exceed twenty (20) years unless a longer period for a specific sale of land is
approved by resolution of fhe City Councii.
(2) Such noYe shall bear interest at a rate to be determined by the City Council by resolution.
22.05.110 Determination as to need for public use.
(a) Whether land shall be acquired, retained, devoYed, or dedicated to a public use shall be
determined by ordinance which shall contain the publie use for which said property is to be
dedicated, the legal description of the property, and the address ar a general description of the
property sufficient to provide the public with notice of its~ location.
(b) Whether land previously dedicated to a public use shouid be dedicated to a different
pubiic use or should no longer be needed for public use shall be determined by the City Council
by ordinance which shall eontain the new publie use for which said property is to be dedicated or
the reason the Iand is no longer needed for public use, the legal description of the property, and
Ordinance No. 2200-2006 Attachment A
Page 10 of 11
the address or a general description of the property sufficient to provide the public with notice of
its location. ~
(c) Any deterrninations pursuant to subsecYions (a) and (b) herein which pertain Co tax-
foreclosed property which has not been held by the City for a period of more than ten years after
the close of the redemption period sha11 also comply wiCh the requirements of KMC 22.05.090.
22.05.115 Property exchanges.
The Council may approve, by resolution, after public notice and an opportunity for public
hearing, the conveyance and exchange of a parcel of City property for property owned by
anoCher person subject to such conditions as Council may impose on the exchange, whenever in
the judgment of' the City Council it is advantageous to the City to make Yhe property exchange.
22.05.120 Property sale to adjacent owners.
The council may appirove, by resolution, after public notice and an opportunity for public
hearing, the sale and eonveyanee of a parcel of City property at its appraised value to the owner
of adjacent land whenever, in the judgment of the City Council, the parcel of land is of such
smali size, shape, or locaeion thaY it could not be put to practical use by any other party and, in
addition thereto, where there is no foreseeable need of the land for any future use by the City.
22.05.125 Grant or devotion.
The Council, by ordinance, may waive the provisions of this chapter and lease, grant or
devote real property no longer needed by Yhe City for public purpose to Yhe UniCed States, the
State of Alaska, a local poliCical subdivision of the State of Alaska, or any agency of any of these
governments or a non-profit corporation, for a consideration agreed upon between the City and
grantee without a public sale if the grant or devotion is advantageous to the City.
22.05.130 Use permits.
The council may authorize the city manager to grant permits for the temporary use of real
property owned by Che city for a penod not to exceed five (5) yeus, withouC appraisal of ehe
value of the property or public auction, for any purpose comparible with the zoning of the land,
and on such terms and for such rentals as the councii shall determine.
22.05.135 Acquisition of Real Property
(a) The city, by authorization of the city eouncil, expressed in a resoluYion for such purpose,
may purchase or acquire an interest in, lease or real property needed far a public use on such
terms and conditions as the council shall determine, but no purchase shall be made until a
qnalified appraiser has appraised the property and given the council an independent opinion as to
the full and true value thereof;
(b) Because of the unique value of real property, the city need noC acquire or lease real
property by competitive bidding.
Ordinance No. 2200-2006 Actachment A
Page 11 of ll
-
CITY OF KENAI
BOARDS, COMMISSIONS & COMMITTEE
CURRENT LIAISON ASSIGNMENTS
CITY BOARDS, COMMdSSIONS & COMMYTTEES CURRENT
COUNCIL LIAISON
Council on in , Council Member Bo le '
Air ort Commission Council Member Swarner '
Harbor Cominission Vacant
LiUra Commission Council Member Mollo
Parks & Recreation Commission Council Member Moore
Plannin & Zonin Commission Couneil Member Ross
Beautification Committee Council Member Swarner
OTHERS:
Kenai River S ecial Mana ement Adviso Board (KRSMA) Administration (Kornelis)
Economic Develo ment District (EDD) Jason Carroll
Cook Inlet Re ional Citizens Adviso Council (CIRCAC) John Dou las
Kenai Visitors & Convention Bureau Board Ma or Porter
~ Stranded Gas Council Member Ross
Kenai Economic Develo ment Strate Administration/VISTA
Alaska Municipal League Land Use, Resources, and
Economic Develo ment SubcommiYtee Council Member Swamer
~}~~~
~ LL~
tl~ecz~af /
KENW~ SKp
"V'f(a e witl~ a~'ast Gi wit. °'
9 ~'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
TO: MAYOR/COUNCIL MEMBERS
FROM: Carol L. Freas, City Clerk
DATE: OctoUer 25, 2006
RE: RESCHEDULIlVG OF FIRST JULY, 2007 COUNCIL MEETING
KMC L 10.040 states the following:
The regular meeting of the council of the city of Kenai, Alaska shall be at
a time set by a resolution of the Council on the first and third
Wednesdays of every month unless circumstances warrant deviation of
the regular meeting date when the Council, by majority vote, may change
the date and give public notice of such change.
The first regular council meeting date of July, 2007 falls on July 4, 2007, a city
and national holiday. Attached is a July, 2007 calendar for your review.
DOES COUNCIL WISH TO RE-SCHEDULE THE FIRST JULY, 2007 MEETING?
IF SO, TO WHAT DATE?
clf
July 007
COUMCIL/COMI~IISSION MEETING CALENDAR
1 2 3 4 S 6 7
Library . HOL.IDAY/CITY Council on
Commission, OFFICES ' Aging, 7p,
7p, Council
Chambers C~ ED Senior Center
Parks &
y~ Recreation, 7p
~
y ' \
'Fn~
V ~ Council
Cham6ers
8 9 10 11 12 13 14
Harbor Beautification, Planning & Airport
Commission, 7p, Council Zoni~g Commission,
7p, Councii ~ Chambers Commissinn, 7q Cou~cii
Chambers 7p, Councii Chambers
Chambers
IS 16 17 18 19 20 21
City Councii
Moeting, 7p,
Council
Chambers
22 23 24 25 26 27 28
Planniny &
Zoning
Commission,
7p, Council
Cham6ers
' '
29 30 31 7un 2D07 Aog 2007
'~.~. S M T~ N? T G' ' S' S M~~'~. T W T I' ~~', S
r~z~~ i z~~ ~a
:~3 A ~ (r 7 8 4'~~ 5 6~7 R 9 ID:11
~~.~.(0 11 12 ~.~:13 14 1$ ib~: I2 13 1:4 IS IG 17'.iN
'I 17 18 19 2U 21 22 ~Q3 ~:
~ t9 20 21 22 23 24~~~25
~~ 24 25 26 Z7 2R 29 30 ~
'~ 26 27 2fr 29 39 31
-
E{ENAI AIRPORT COMMISSIOiV
OCTOBER 12, 2006
KENAI CITY COUNCIL CHESMBERS
7:00 P.M.
AGENDA
iTEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMAItY -- September 14, 2006
ITEM 4: PERSONS SCHEDULED TO BE ~-T~=ARn
ITEM 5: t7LD BUSINESS
a. Discussion -- 2007 Air Fair
ITEM 6: NEW BUSINESS
a. Recommendation -- Sports Coverage Radio Airport Advertising
ITEM 7: REPORT
a. Commission Chair
b. Airport Manager
a City Council Liaison
ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION YTEMS
a. Kenai City Council Meeting Action Agendas for September 20 and
October 4, 2006.
b. 9/2006 Kenai Municipal Airport Enplanement and Float Plane Basin
Reports.
c. 10/5/06 Proposed Airport Lease Document
ITEM 11: ADJOURNMENT
KENAI AIRPORT COMYe~IISSION
OCTOBER 12, 2006
KEIVAI CITY COUNCIL CHANIBER~a
7:00 P.M.
CHAIR IiEN1tY KNACKSTEDT, PRESIDING
MEETING SUMMARY
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Knackstedt called the meeting to order at approximately 7:06 p.m. The roll was
confirmed as follows:
Coiruni.ssioners present: J. Zirul, C. Versaw, L. Porter, J. Bielefeld, E. Mayer, H.
Knackstedt
Cominissioners absent: D. Haralson
Other present: Airport Manager R. Cronkhite
ITEM 2: AGENDA APPROVAL
MOTION:
Con~niissioner Bielefeld MOVED to approve the agenda as presented and
Commissioner Zirul SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- September 14, 2006
MOTION:
Comnussioner Versaw MOVED to approve the September 14, 2006 meeting summary
and Coimnissioner Bielefeld SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5: OLD BUSINESS
5-a. Discussion -- 2007 Air Fair
Airport Manager Cronkhite provided a memo on Alaska Airmen's Association Trade
Show datea The Cotiunission discussed possible dates and locations on the airport to
hold the Air Fair and agreed to look into alternate locations for the barbecue.
Cronkhite will learn the dates of the Valdez Fly-in.
ITEM 6: NEW BUSINESS
6-a. Recommendation -- Sports Coverage Radio Airport Advertising
The Comnussion discussed a proposal from KSRM radio group and different
; advertising options. Airport staff wiil invite Jay G Smith to speak with the
Commission.
ITEM 7: REPORT
7-a. Commission Chair - None.
7-b. Airport Manager -- Airport Manager Cronkhite reported City Manager
Koch suggested property east of the float plane basin be acquired by the airpart for
future generalaviation needs.
MOTYON:
Commissioner Zirul MOVED to request the City Manager to pursue purchase of
properiy west of the landing channel on float plane basin. Commissioner Porter
SECONDED the motion.
Discussion included several comments the acquisition of property for the airport as an
excellent idea and prior to development, if included in the Airport Reserve, the
property would add additional noise mitigalion for nearby subdivisions.
VOTE:
There were no objections. SO ORDERED.
7-c. City Council Liaison -- None.
ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS
Cominissioner Zirul commented he would not be in attendance for the November 9,
2006 Commission meeting.
ITEM 9: PERSONS NOT SCIiEDULED TO BE FIEARD
ITEM 10: INFORMATYON ITEMS
10-a. Kenai City Councii Meeting Action Agendas for September 20 and
October 4, 2006.
10-b. 9/2006 Kenai Municipal Airport Enpianement and Float Plane Basin
Reports.
10-c. 10/5/06 Proposed Airport I,ease Document
ITEM 11: ADJOURNMENT
MOTION:
Commissioner Versaw MOVED to adjourn and Cominissioner Bielefeld
the motion. There were no objections. SO ORDERED.
AIRPORT COMMISSION MEF,'PING
OCTOBER 12, 2006
PAGE 2
Meeting summary prepared and submitted by:
Jenifer C. Lockwood, Deputy City Clerk
AIRPORT COMMISSION MEETING
OCTOBER 12, 2006
PAGE 3
UCL Cb Ub Utl:U~2 HnLnOny L~W15 ~UI-GaJ-oolu
_~. ._.. ._.___.- ~ ~
CITY OF KEl~TAi
,~„~>'~. ° Village with a past - City with a furure. "
- °'L`~~^ $ACKGROUND AND PERSONAL DA'fA -
o CAI~IDIDATES FOR APPOINTMEI3T COMMIT'PEES AND
~ FHG G
~N~. ~g~( CQMMISSIONS
~~ ~ ~-.~~~~ RETURN TO:
~' KEgIAI CITY CLERK
~ 210 FIDALC3~ AVEIV~~
a [;~"T 2 5~~ f ~xAr, ~ g96ii
DATE; ~'~` ~ C: ~~ ~ ~ ~e ~ . ` __ ~
_. ~ ~ ` .: ; s~' a F"` a'.a 's,
.___.~. ~ ~,~ . ~ ~, ,._. w
NAME: -~°-~- "
~C ~ How long? ~ «"
Resident of the City of Keaai? -
Res3deace Address ~ r ~' ~~
~`~ ~~ ~- ~.~ ~~~~.`~,(p \~ Home Telephone No. ~~ ~! ~~~
MaIIing Address
Home Fa~c No. - T--- Business Telepho e No~__~._-.--~--~-------
Susiness Fasc No. Email Address:
May we include your contact inforxnation on our web page? ALL $L If not all, wha information mey we
include?
EMPLO`YER: ~~~-~`~~ Job Title
NAME OF SPOUSE: `-~~"`~'`S .
K ~.~ ~~-nn; ~~ ' `~F:..~~:~.~c- ~~:.
n......e~r ..,embershfio in ar~anizatjnasi, c ~y-----~
COMMITTEES dR COMMISSdQPIS IN WHICH YOU ARE INTERESTEI?:
p7FIY~70 YOU WAI3T TO SE~INVOLVFjD WITx THIS C~OMMISSa iV ¢7x~v+vaafa.. ~G •_~-~ ~~_
^ ,"
~=t~~ C t~ ~'4 -~k-° c- G ~'t~ r C'i~+5 +~ - ~ ''~~\~ ~~ ~+.~ ~-~+"`v ~~
\ ~o~~c~ -~Y- ~ '~ "~-c ~ \a.c\ ~-J ~ ~
C"P ~\ ~
WEiAT BACKGROUND, EXl'ERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARn+
l-nwrnmGSiOPS OR COM3STTEE MEMBERSHIP ~ ~ ^ ~ ~, ~~~„~,~~6c.~
„"-. ~ ~e~e~tc.. e~C~C`~' .~°'~C-1_ ~
• ~~` u-.,~-~Cr.~ „~ ~-~ ~b-.a
~ o. ~~
~~-S
(7~-'--~--
~~ ~~~~~5
Signature
~b
CITY OF KENAY
PLANNING & ZONING COMMISSION
AGENDA
October 11, 2006 - 7:00 p.m.
l. CALL TO ORDER:
a. Roll Calt
b. Agenda Approval
c. Excused Absences
• Commissioner Eldridge
• Commissioner Wells
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be rourine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these ifems unless a Commission 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. *APPROVAL OF MINUTES:
a. *September 27, 2006
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION Or PLATS:
a. PZ06-67 - Preliminary Plat - Alaska State Land Survey No. 2005-7. PlaY submitted by
Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
b. PZ06-61 (Revised) - Preliminary Plat - Bookey's Replat. PlaC submitted by Integrity
Surveys, 8145 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC HEARINGS:
a. PZ06-65 - An application for a Conditional Use Permit for Cabin Rentals (short-term
rental) for Che property known as 350 Ames Road (Lot 6, Block 1, Pelch Subdivision Part
1), Kenai, Alaska. ApplicaTion submitted by Katheiine Fleck, 31192 Nature Road,
Royalton, MN 56373.
b. PZ06-68 - A resolution of fhe Planning and Zoning Commission of fhe City of Kenai,
Alaska, recommending to the Council that Title lA of the Kenai Municipal Code aC KMC
14.22.010 (Land Use Table) and 14.20.320 be amended to provide for residential
development of up to seven or more family dwellings as a secondary use in the Central
Mixed Use Zone and providing for a definition of "secondary use."
c. PZ06-69 - A resoluYion of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that Title 14 of the Kenai Municipal Code at KMC
14.20.240(c) be amended by adopting mobile home standards for mobile home parks
wifhin the City of Kenai.
6. OLD BUSINESS:
a. Reconsideration of PZ06-63 - An application for a variance for principal structures for
the property known~ as Lot 5, Angler Acres Pt. 3(1045 Angler Drive), Kenai, Alaska.
Application submitted by Steve Voth, P.O. Box 2227, Soldotna, Alaska.
b. PZ06-6G - An application for a Conditional Use Permit for cabin rentals for Yhe property
known as Lot 5, Angler Acres Pt. 3(1045 Angler Drive), Kenai, Alaska. Application
subinitted by Steve Voth, P.O. Box 2227, Soldoma, Alaska. (Postponed from
September 27, 2006.)
7. NEW BUSINESS:
a. Capital Improvement Program Annual Review - Discussion/Recommendations
b. PZ06-70 (PZ06-09) - Transfer Conditional Use Permit - Meal Preparation & Off-Site
Catering from The Ramily Table to McLennan House for Yhe properCy known as 601
Davidson Street (S34 NWl/4 SW1/4 SWl/4 NE214), Kenai, Alaska. Application
submitted by Cheney Mcl,ennan, McLennan House, 602 Davidson Street, Kenai, Alaska.
c. Rezone Angler Acres Subdivision - Discussion
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED:
1.1. INTORMATION ITEMS:
a. Landscape/Site Plan PZ06-66 Interim
b. LandscapelSite Plan PZ06-52
c. Letter to Mayor PorCer from Chairman Eldridge
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
Work Session
Immediately Following Regular Meeting
"Proposed Central Mixed Use Rezone"
CYTY OF KENAI
PLANNING & ZONYNG COMMYSSYON MEETING
KENAI CITY COUNCIL CHAMBERS
OCTOBER 11, 2006
a:oo r.M.
VICE CHAIR PHYL BRYSON, PRESIDING
MINUTES
dTEM 1: CALL TO ORDER
Vice-Chairman Phil Bryson called the meeting to order at approscimately 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: R. Fullinck, J. ltvait, J. Jenckes, P. Bryson
Commissioners absent: R. Wells (excused), B. Eldridge (excused) S. Romain
Others present: Council Member R. Ross, City Planner Kebschull,
Department Assistant Carver, Contract Secretary B. Roper
A quorum was present.
1-b. Agenda Approval
MOTION:
Commissioner Twait MOVED to approve the agenda adding an email from Jim
Richardson (related to Item 6-bj. Coimnissioner Jenckes SECONDED the motion.
There were no objections. SO ORDERED.
1-c. Excused Absences
Commissioner Eldridge
Commissioner Wells
MOTION:
Commissioner Fullinck MOVED to approve the requests for excused absences.
Coinri~issioner Jenckes SECONDED the motion. There were no objections. SO
ORDERED.
1-d. Consent Agenda
MOTION:
Commissioner Jenckes MOVED to approve the consent agenda as submitted and
requested UNANYMOUS CONSENT. Commissioner Fullinck SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINLJTES -- September 27, 2006
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLYC COMMENT - None
ITEM 4: CONSIDERATION OF PLATS
4-a PZ06-67 - Preliminary Plat - Alaska State Land Survey No. 2005-7. Plat
submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai,
Alaska.
City Planner Kebschull provided a report on the preliminary plat which was included
in the packet and noted staff recommended approval. Kebschull also noted Cliff Baker
of Integrity Surveys was present to answer any questions.
Cliff Baker, Integrity Surveys, Kenai, Alaska -- Mr. Baker noted the plat was not
creating this southeast 1/a northeast'/a as it was already there; it would be more of a
record survey of the plat.
MOTION:
Commissioner ltvait MOVED for approval of PZ06-67 and Commissioner Fullinck
SECONDED the motion.
VOTE:
Wells Absent Fullinck Yes Twait Yes
Jenckes Yes Romain Absent Eidrid e Absent
B son Yes
MOTEON PASSED UNANIMOUSLY.
4-b. P206-61 (Revised) - Preluninary Plat - Bookey's Replat. Plat suUmitted
by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
Kebschuli provided a report on the revised preliminary plat which was included in the
packet. She also noted staff recommended approval with the following
recommendations:
PLANNING & ZONING COMMISSION MEETING
OCTOBER 11, 2006
PAGE 2
• Verification there are no encroachments remaining.
• If encroachments are identified, property owner must apply for and
receive approval for the encroachments prior to the plat being recorded.
• All former lot lines should be shown on the plat.
• Prior to recording the final plat, owner must apply for an amendment to
the zoning ordinance to rezone the parcels to one zone so as not to allow the plat to
create a split-2one.
Vice-Chair Bryson opened the meeting to public testimony,
Cliff Baker, Integrity Surveys, Kenai, Alaska -- Baker noted the foliowuig:
• A statement in the packet requested a section line be vacated: The plat
indicates the section line has been vacated.
• A paper plat is done to eliminate lot lines. Encroachments are not
created; it anything they are elixninated.
• A paper plat is when everything is done in the office and not in the field
so it does not make sense to require a survey or as-built of all the encroachments
prior to recording a plat as the additional expense may stop the project.
Public testimony closed.
MOTION:
Conunissioner Fullinck MOVED to approve PZ06-61 with recommendalions of siaff.
Comnussioner'Itvait SECONDED the motion.
Kebschull was asked how Baker's comments about the encroachment would affect
staffs recommendations. Kebschull responded, the encroachment requirement is
standard and the Code does allow for non-conforming lots and uses of structures to
continue. However, it does not allow for something to be done that would create an
encroachment. Kebschull added, the Cominission is advisory to the Borough and
often, they do not consider the requirement.
During discussion regarding utility easements, Baker noted the following:
• It was not their intent to vacate any easements at this time.
• The plat is to identify what is of record
• The section line easement was vacated.
• Eight parcels are being made into one; the original lot lines are indicated
on the plat with dotted lines.
Vice-Chair Bryson noted the following:
• The change would effectively create a half right-of-way within 30' which
is the standard Borough right-of-way.
PLANNING & 7ANING COMMISSION MEETING
OCTOBER 11, 2006
PAGE 3
• The 50' right-of-way created was excessive given that the other side of
the street also has a 50' right-of-way.
• He would vote in favor of the preliminary plat.
• He will not comment at the Borough meeting.
• The Commission should be considering the revised resolution and
comments.
NlOTION TO AMEND:
Commissioner F~zllinck MOVED to amend the main motion to include the revised piat,
resolution and comments. Conunissioner 1~vait SECONDED. There were no
objections. SO ORDERED.
VOTE ON MAIN AMENDED MOTION:
There were no objections. SO ORDERED.
ITEM 5: PUBLIC HEARINGS
5-a. PZ06-65 - An application for a Conditional Use Permit for Cabin Rentals
(short-term rental) for the property known as 350 Ames Road (Lot 6,
Block 1, Pelch Subdivision Part 1), Kenai, Alaska. Application submitted
by Katherine Fleck, 31192 Nature Road, Royalton, MN 563'73.
Kebschull provided a report as included in the packet and noted the following
recommendations:
• Grant a temporary pernut for one tourist season from May 2007 to
September 2007.
• Review the pernut after the temporary season to deternune if a
permanent permit should be issued.
• Prior to issuing a pemrit, assure a current State of Alaska business
license and KPB sales taY certificate are on file with the City.
• Prior to issuing a pern~it, ensure the F1re Marshal conducts an inspection
to insure the residence meets the fire code for the proposed use.
Vice-Chair opened the public hearing.
Katherine Fleck, 350 Ames Road, Kenai, Alaska - Ms. Fleck made the following
comments:
• There should be no difference in the traffic in the area.
• Rentals will be limited to one party at a time with a three-day minimum;
preferably on a week-to-week basis.
• The property is a foreclosure and extensive renovations were preformed;
as a result the value of the property was increased.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 11, 2006
PAGE 4
Intent is to keep the facility looking like a home rather than a business.
There being no further comments from the public, the public hearing was closed.
MOTION:
Commissioner Jenckes MOVED for approval of PZ06-65, including staff
recommendations, i.e. the granting of a temporary pernzit of one tourist season (May
2007 to September 2007) at which it would be reviewed prior to issuing a permanent
permit. Coimnissioner'Itvait SECONDED the motion. There were no objections. SO
ORDERED.
Kebschull advised of the 15-day appeal process and noted appeals needed to be
submitted in writing to the City Clerk.
5-b. PZ06-68 - A resolution of the Planning and Zoning Cormnission of the
City of Kenai, Alaska, recommending to the Councff that Title 14 of the
Kenai Municipal Code at KMC 14.22.010 (Land Use Table) and 14.20.320
be amended to provide for residential development of up to seven or more
family dwellings as a secondary use in the Central Mixed Use Zone and
providing for a definition of "secondary use."
Kebschull provided a report as included in the packet and noted the Comrnission's
recommendation to City Council could not be appealed.
Bryson opened the public hearing. There were no comments and the public hearing
was closed.
MOTION:
Cormni,ssioner 1~ait MOVED to recommend approval of PZ06-68. Comuiissioner
Fullinck SECONDED the motion. There were no objections. SO ORDERED.
5-c. P206-69 - A resolution of the Planning and Zoning Coii~inission of the
City of Kenai, Alaska, recommending to the Council that Title 14 of the
Kenai Municipal Code at KMC 14.20.240(c) be amended by adopting
mobile home standards for mobile home parks within the City of Kenai.
Kebschull provided a report as included in the packet and noted the Commission's
recommendation to City Council could not be appealed.
Bryson opened the public hearing. There were no comments and the public hearing
was closed.
MOTION:
PLANNING & ZONING COMMISSION MEETING
OCTOBER 11, 2006
PAGE 5
Commissioner Jenckes MOVED to recommend approval of PZ06-69 and
Conunissioner Fullinck SECONDED the motion.
Kebschull was asked if existing mobile homes within the City would have to abide by
the new ordinance. Kebschull explained existing mobile homes would be considered
non-confonning, however, if the owner wants to add an addition, the mobile home
would be required to be inspected to insure it would meet the safety standards in the
ordinance. If an unsafe condition is reported, the City will investigate it under the
abatement policy in the building code and notify the property owner if necessary.
VOTE:
There were no objections. SO ORDERED.
ITEM 6: OLD BUSINESS
6-a. Reconsideration of P206-63 - An application for a variance for principal
structures for the property known as Lot 5, Angler Acres Pt. 3(1045
Angler Drive), Kenai, Alaska. Application submitted by Steve Voth, P.O.
Box 2227, Soldotna, Alaska.
MOTION:
Commissioner F~zllinck MOVED to reconsider PZ06-63 and Commissioner'Itvait
SECONDED the motion.
VOTE ON RECONSIDERATION:
Wells Absent Fullinck Yes ltvait Yes
Jenckes Yes Romain Absent Eldrid e Absent
B son Yes
MOTION TO RECONSIDER PASSED UNLlNIMOUSLY.
Staff had nothing additional but noted the email from Jim Richardson. Vice-Chair
Bryson opened the meeting to public comment.
Steve Voth, Kena3, Alaska - Mr. Voth made the following comments:
• The type of business has been at this location since 1960.
• The number of guides will be limited on both parcels; the maximum
number of clients would be 24 per day.
• The traffic will be reduced.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 11, 2006
PAGE 6
• Requested action on the application be postponed if there was a
possibility the application would not pass at this meeting.
There being no further comments the public testimony was closed.
Comnussion comments included:
• Concern expressed of the number of variance requests for the Angler
Acre area.
• 5uggestion the area should be rezoned.
• It would be best if the properly owners in the area initiated a rezone.
VOTE:
Wells Absent Fullinck Yes Twait Yes
Jenckes Yes Romain Absent Eldrid e Absent
B son Yes
MOTION PASSED UNANEMOUSLY.
Kebschull advised of the 15-day appeal process and noted appeals needed to be
submitted in writing to the City Clerk.
6-b. P206-64 - An application for a Conditional Use Pern7it for cabin rentals
for the property known as Lot 5, Angler Acres Pt. 3(1045 Angler Drive),
Kenai, Alaska. Application submitted by Steve Voth, P.O. Box 2227,
Soldotna, Alaska. (Postponed from September 27, 2006.)
Staff noted no additional information, however indicated all property owners in the
area had been sent notices again and there had been very few responses except for the
email from Mr. Richardson.
VOTE:
Wells Absent Fullinck Yes 7tvait Yes
Jenckes Yes Romain AUsent Eldrid e Absent
B son Yes
MOTION PASSED UNANIMOUSLY.
Kebschull advised of the 15-day appeal process and noted appeals needed to be
submitted in writing to the City Clerk.
ITEM 7:
PLANNING & ZONING COMMISSION MEETING
OCTOBER 11, 2006
PAGE 7
7-a. Discussion/Recommendations -- Capital Improvement Program Annual
Review
Kebschull noted the following:
• A public workshop on October 25, 2006 to receive public input on the
CIP Program.
• Project nomination forms were available if a Commissioner had a project
to include.
• A list of suggested projects had been submitted by Coimnissioner
Eldridge and was included in the packet.
7-b. PZ06-70 (PZ06-09) -1Yansfer Conditional Use Pennit - Meal Preparation
& Off-Site Catering from The Family Table to McLennan House for the
property known as 601 Davidson Street (S34 NW1/4 SWl/4 SWl/4
NE1/4), Kenai, Alaska. Application submitted by Cheney McLennan,
McLennan House, 602 Davidson Street, Kenai, Alaska.
Kebschull reported the lease had expired far the property and the Cornmission's action
would transfer the pernut back to the original owner. If approved, a request to amend
the Conditional Use Pernut would come before the Coininission at the next meeting.
Vice-Chair Bryson opened the meeting to public comment.
Laura Ganshow, 1611 Aliak, Kenai, Alaska -- Ms. Ganshow made the following
comments
• As owner of the Family Table, she had applied and paid for the '
Conditional Use Pernut
• There is a non-competitive clause in place and she cannot be assured
there will be no competition with the Mcl.ennan's use of the kitchen.
• The Family Table had a signed lease which was prematurely ternunated
by Cheney McLennan who wanted to retake control of the kitchen. The action was not
in accordance with the lease agreement.
• The issue is currenfly in litigation.
• She objected to the transfer of the permit which she felt would be
detrimental to her business.
• She feels the pemut may be of use to her in the future because of the
matter not being resolved.
There being no other members of the public wishing to speak, public comment was
closed.
During discussion it was noted that Code states no condilional use permit issued shall
be transferred until the transferee has submitted an application for transfer in writing
to the administrative official. It was also clarified that Ganshow is the current pernut
PLANNING & ZONING COMMISSION MEETING
OCTOBER i l, 2006
PAGE 8 -
holder; that Mcl.ennan owns the property; and, conditional uses run with the property
and cannot be transferred to another location with a request for a new perniit.
MOTION:
Com~nissioner Jenckes MOVED for approval of PZ06-70 and Coinrnissioner'Itvait
SECONDED the motion.
MOTION TO POSTPONE:
Cornir~issioner Jenckes MOVED to postpone PZ06-'70 until clarification from the
attomey is obtained. Coininissioner'Itvait SECONDED the motion.
VOTE ON POSTPONEMENT:
Welis Absent blxllinck Yes ~ait Yes
Jenckes Yes Romain Absent Eldrid~e Absent
B son Yes
MOTION PASSED UNANIMOUSLY.
7-c. D'sscussion -- Rezone Angler Acres Subdivision
Referencing her memorandum, included in the packet, Kebschull noted the following:
• A report showing the zoning permits issued in the area and a map
depicting the e~tent of the pernuts was also included.
• Suggested the Recreation Zone may accommodate most of the uses
currenfly pernutted while still allowing residential use.
MOTION:
Cominissioner Jenckes MOVED to direct staff to poil residents on Angler Drive and
South Ames Road regarding the possible rezone of the area from Rural Residential to
Recreational. Comrnissioner'Itivait SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 8: PENDING ITEMS -- None
YTEM 9: REPORTS
9-a. City Council -- Council Member Ross reviewed the action agenda of the
October 4, 2006 City Council meeting which was included in the packet.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 11, 2006
PAGE 9
9-b. Borough Planning -- Bryson provided a report based on actions taken at
the Borough's October 9, 2006 Planning meeting.
9-c. Administration -- No report.
%TEM 10: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 11:
11-a. Landscape/Site Plan PZ06-66 Interim
11-b. Landscape/Site Plan PZ06-52
11-c. Letter to Mayor Porter from Chairman Eldridge
The Commission was reminded that excused absences are approved by the City Clerk
and written requests must be directed to her.
ITEIVI 12 :
Discussion took place on the drainage problem in the Inlet Woods Drive area.
ITEM 13:
MOTION:
Coimnissioner Fullinck MOVED for adjournment and Cormnissioner'Itvait
SECONDED the motion. There were no objections. SO ORDEREA
There being no further business before the Coriuiiission, the meeting adjourned at
approximately 8:40 p.m.
Minutes recorded and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
OCTOBER 11, 2006
PAGE 10
° OCT-27-2006 FRI 09~19 AM DEC Commissioner's Ofc FAX NO, 907 465 5070
S
».
~~~~.yyy p~~ ~ ~-.~ ~:,.~ ~ ~_~ ~ ~
h~ I I~ FRANKH. MURKOWSKI, GOVERNOA
c
hy
~:~ ~~~~.~ ~.G.~:~ C.~~[~~~~ ~~~~~~::~~~~.~.~~ ~. ~
e,, ~,f 4~p Willoia~hbq Ave., Ste 3U.3
~'ost Off'icc 1~ox l l 1 SUO
I~G~at''~'. C~ir t~aP~W11~C114Ib~1+".l~'f'AT. COI~SF'.€tVA7'IU~i ~L,l,ta,l, ntt ~~sii-isao
I~I!;C'T. UX'~ la I~~ 3r G~1V~F'% P(~IONE: (~J09) 465 :aU6G
~',qX': (9t)7) A65-."~070
I}EC'T. t~I+ 1.11W htt~://www.ctcc.stlcc.atc.us
(JctoUer 27, 2(3~ ~~~,~ ~~ ~ ~
r-~
"t'hc C~tor7c~ralal~; ['at 1'ortcr , ~~~ } ~ ~, r
i~t;ryqr i ` ~ ~Q~ -
('il.g~ ot Kcrttti f,a ~ ~
:titi Tid~~li~o.l~vcnt.zc, 5nitc a0U t;:. -~_ " (
[Cr,n~i~ Al7sl~;t 9~1fi11 ~ `"'^ "~~;
-~v ~ -f
i~~c~4r tvl:iyor F'crortr.r:
11y 1~layqr~ ariel ioc;~t lcaclars o[ t11e comzri~rnit.ies th~it suI[ercd 4hc gre~ttcst cl~unagc frc~m tlae
I~,y;~on V~iirlt:r oil sptll, wc w,iril you ta know what ilic Slatc aCAlaskaz is dc~i~ig lo complcte
rc:stor~itic~ri oE ll~c: injur~d natiaral resr~urces ancl rYUm~ui scaviccs, Wc ~iso writc to ask tkr~t
y'att :tltcax~~cl tlic upc~rnuz~ Noveaazl.~cr 1,4, 2U06 in~eti~ag of tl~e ~aacqn V2lclcz C)il Spilt 1Yi~5lec
~crt~ric:rl iit Ane:horaige. Tliis is~ an irnporl~~iit aneetin~ of tl~e'ih~stec CULUicil to vule on funding
Zrr~~~osrct resic~~°ati~qi projeets for bolh 17e.nn~n scrvic:es aztcl nai.urai resoua-ees.
'1'ltie'1'1•~x~;tia~: Cnuncil has r,om~yletcd a syrtllYCSis of all resxrarltion worlc to datc tn cleterrrunc lhc
ctrrrct~t F3C1tus of r~~soi~rc:es aA'zd hi~rn~n usc.s iriJur~d by I.hc lf~$9 spill. 7'tic fincli2~~s i~ctic~tte
il~sit mo4t ti~,j~arecl rc~sourccs li,<.tvc sl.tbst~zitiaity rccovered, or are cxpea•icncing ziaturai
fhir:tur~l.iuns titat Can~ac~C be clistin~;uished irorn s~~ill impacts. We nporled prc'liminasy results
~rnsti llii~ synikre:;is to 1Yie ~~rxl~lic at me~tings in Cordova, Valdez, ~ic~~c~ragc, liodialc, Seru~rd
i.~~t ;,pi'iry~,, <<tid 1t tl~e .Taxtuary 200G A~iziu~i Marine Scienr.e Syrnposiurn.
'1'itc mes~~~~~~ we hcarcl frU:n ttie pul~lic al ihose i1~~c~titags was IUixd ancl clfslr. Tlic Princc
`r;~~~l~rym ~youncl hc~~rin,~, stoclcs nccd to isc' restorccl, thc ]cacal economics of the ian~aacLcd
con:iuurrtiUCS neccl liclr~, and the uvanLicipaLed lin~;esin~; oil tti~t i~ernains i~i some skiore.tines
tri7c.i tlic r.or'te,cqtxencCS frUxn the prese;ncc ot th~it oil zn,.ist Uc dealt wit~i.
"1'~ re'stor~c oilc~e.l sl~~~rclix~es, t,kic fec~eral ~ncl stat~ Cxavex-nmeni.s scnt Exxc~nMobil a~lan tc~
~-r,trtcdi.~tc slxpA~celincs cosit.iii~nal.~:cl with lir~bering oil ~~nd a(ettex~ dcin~nd'zng that Exxon MoF~il
f~tsirl tPtr. ~1'r1ri iI1 1.hC ¢amount of $02,2.40,982 ui~der tkie re-onener provisions af the ori~itial
1~19] Sc;tllcixac.rtl E'~~;y~ceinc:tLt. TL is t.oo c~rl}r to knaw itExxonlVJoUi1 will honor our cl~iini, or
reciirire iliv Governrucnls call uppr~ tk~c CourC to iniervene.
[ri ~ctclitinn ln ilie i•e-oX~ener provisions, the 1991 SeLllement A~reenzent l~etween E~con, th~
y(atc' ~1 A1~~~1;a~, and ~edt°z'a1 ~;nverrizrtent incl~3cled $900 ~tullion to restore, rclzabilitate, re~~lace,
or 1cc~irii°e eqiitval~nt resources or human scrvices that ~z'ca-e is~j~ired, tast. or clcslsoyed by tltc
':;grill arul to priy fc~r resporase; ~anc1 clc.m~tn expenses. Uuiz~~g th~ last C~ftcen yc~rs, tlie'1'nzslcc
Gc~unc^i1 h:is usccl thc scttlE~x~iexll. f~Yrzd to l~urchasc fcc title or caseanents for apl'~z-oxu~tatcly
(apU,QOt) ;~cres nf lancl to protec;t tlze kial:~il<~t of rc:saixrccs injurecl by thc spill. Thc Cnuncil has
,•il~;o'L'ti'ntle;ci reslc~raLian s(.r.ulir.s ai~d projccts, pubiic involvc~~ient, acicnLific revicw, ~ud k"~VOS
OCT-27-2006 FRI 09;19 AM DEC Cammissioner's Ofc FAX N0, 907 465 5070 P, 02/03°
~ Octcyt~er 27, 2U0~
'1'ttc iirri~o~,-~tl.~lc. Yat I'ox•tcr
c~flicc: tir.irnitlf,slrsitiv~~ erti~ci~scs. '!'l~c: retriainlx~~ laalaz~ce of t.tlc original$9UU inilliori scttlc~mcitt
a~; stp~~roxlon,~lely $152 nliitiocl.
tr7 ~clditlon to ~~ra1:~USals for rc~~torin~; the; lrcriin~ stocks aucl otYtcr sl~~:cics, thc Council will
i,alce ncti~,~n ai ihc ~Iovrrttber 1~ me:cUn ; an wlietl.ier to i'tand a uumUer of cc~mmiix~ity ec,unomic
a~cslc~r:7l.ini~ 7:Yrnjccls and [1r.iliiles il~at t».ve laecn pru~~osed to restore 1~ic n.ittual resourccs anct
lrtriuln :~c`rvicec; it'ejr.trecl liy tlie 5pi11(ex7closuz'e). G~usLrixction of the Corciova Center, Kodi~~ic
i~i5ti anCl C.a1s~c Re~c'~uarr,h i~uilclin~, ancl Valciet Mi~ieral <;rcck t3oarclwalk are sPccific fzxcllitiEs
~yrC~~ta:~c:cl 1'c~r ['unclin~. 'C'l~c Dcp~~Yt:meiit oC I,Yx~irc~nmcz~tll Cnnscrvalioi~ (D~Cj h1s ~lso
~}ro~7o~se~d c~sin~ re~cnaining setilercrr.nl. Cunds to up(;rarle ~l r~urnber Qf watx:r qu~lity l~roteciic)n
'~ilC:iII~IC~ tl't, U1C CUdTI711tiri1I1CS C~1T'CCtl}T iTYlj)£it:tCd ~f)y ttle spill- Tf the'lYustee Cnuneil su~>>>~r~s ihe
~;t~r~c:ral 1>>c c~f sett7e~r~.c~iL Func,ls ~'ar co~~~rnttnily waler qu;Ylity protcct.ion facilities, IU~C will
w~sric d~i~l~ e~ac1~ ot tYir, au~pac:teci cotnn~unities on the n1c~st ai~~~ropriate sewage, storm water, or
laa;tt ktFtC~3l7P I117j1Y'UYl'.1~1C[lIS t~01 ~•t1C C.C1TYSlllli7'llty. L~CC1S10riS LU fUll(j LCSIf~fF1f.10711]~'OJC':CYS 1l'l1.iSt
lieivc~ lGc ~inai~iruou:~ c~casenl nC ~Zll Si.~t sla.le ancl fccieral Trustecs.
A~, ltic sLtrtc'e;'CritSCC~c (:outicil iaic:~nUcr~, wc: would a~Prcctat~ hcarin; frvinyou on how tl~e;
rcJrllir~in~; fi.ii~d.~ ~~43LI~fl ~Jf~ ~t`c'~~a t0 IESt~Y(: L11C ]'lcltLlC~tI T'CS(1tlLCCS and hixninia ecrvices
iu2C~ae~Icel I~q thc uX~ill in your c~tz~rmunity~ WF: r11S0 ~~1COUlr1~C y0tl iU ciLICRCI Ct1C COLIl1Clt's
gn71tiactt~Clri~y lYtcltil~iIl I,tiii~lt tho,ul ikic p ojr..c~Ls pa-~~~u e 3 tor fundiziU~~ ~he eonml~.uiilies e~Ireclly
Sitacc:rcly,
.~,''J "~~ ~
CJarvI~J R9~irc~uez
1lltonacy {~acnr.rati, 17ep~rLn~cr~t of Gaw
~~ f,/~'~ m"""`)~
NIi`f{ic: Cs~rri~~lsell
Coxn rui:3wJoner, l7~parl~zicr~l ~i~ I~ isli ~S~ C;ame
,ki,~i8 /'c+nR.~
x1i11'C I' 1'l.(Ii'IISSFt3i1
(„17f~~1Y0j!,f3Sp11CT, ~F:~'1:11'1111C11G (1f F`+i'1'VSCOttfYlCl'4f.'A1 CUi15C1VR1I01"A
cc. !<tnda TI~y~, 6l~ecial StafC~ls.~iMln~1Y., OfCze:e of 4he Govcrnor
~.,,iriy Uieii~#elc, L)irrr.Cur. Spit11'rcvcbntlon £~ Res~onse, DEC
~ fr.rit.}LCr t3raricl~~xi, Occ~xii Pc~licy Cnord'ariator, i~"&G
f`o-~rol I~'tic~. d•~i'~;~% T'roject Coorclinator, L~Nit
T~t1:a I.Uactt, AsSist~nl. Atl.orney Gez~~~r~l, DOL
C~ind~ C~i,~;Ltcre~ Id1C(?I'Y11~1L~OT1 OIYLCE°r, DTsC
` OCT-27-2006 FRI 09~19 AM DEC Commissioner's Ofc FRX N0~ 907 465 5070
~xapos~d H~r~an ~esvice Restoration lf'rojects
$6,80Q,000
i9au C:ria~clov~~t (re~~'tt.cr
$1, 400,100
dtrlt~c~y M~zic;e-t.il f:;x-cclc I:~oardwt~lk ~arrcl'1lrtil S~steatt
~C(!(31G1Ii T't?iIl :1114I Ci:1171C RCSL'cICC~I CL'T1tCI $5,0~0>000
$960,400
f>x`it~aa Willtam :yt~und YnuLl~ E1a'e1 Watcli ICclncatian
$387,600
t{tycli<a:lcYca~Ylii t1.ce.c~ Wat.cli Fdiicali~xl
'C.tC~~~,r~de S~;r,v<~;we']7'eat.xYicsit tana 1~islyosal Sy~i.ems~ $31,300,()UO
t7'yik.,G ~aclr; 5i~~r•rn, Walcr Cc~lluctior~, `1~eeltrrYe:nt ac~d T~isposal S~slems2 ~900.000
l1- uic Liu~il T~~rl>or `W~~zter (~u~rllly F'rolrc:ti~~n Systen:iss 53,000,000
(c, .;CV/at;c^. ~wt~~r~[~ ttitl.s, wt~.str, oil callecti.ott~ ~rir3 desi~his) °
$49.748,100
'(;711~;ic~,ty ~iny T..if~ s4aiion u~ygr;tdes ~~nd sy8'lem c,xtensi~~n
C:ltignilc l,i~t ~tatit>n, scpYic taitt~> ~nd oGltfall
C'lug,nik T,~ike T,i{t si~liane, s~wu~e 1~,~;~~sn, f'arce main, ~ravily n~ains, and service eonnect9ons
Tlomcr'CrC,ohuunt p1~tall upZrad~, Service ex(c~~si~tts, sewa~e coUectiat repairs/rcpiacement
Kail~.tlc 7,i ~'t st,~tian ccplacemcnt
~,'c~ilistk 4u•w4r systctn pnrtial replnccnicll~
k'crrt ('Ci°,~lo~rra i.ilt sY~~tions, turce main, cqu7munity scptic tank, und occan ~uifall
Iioc~ I.i~iYs ~iCtc'i~~;u Slnclge laguon and ~xintpcr tr'uck
Scld<>'vi.i C.nmpuruily septic t~nlc and pnmpca'tn~ok
V;aldcz SS ~cvu~' Systc~ii ivtipro~°emcinl5
Po 03/03
x Rc~clial<, TJ~ami~r, V~11dez, S~wciYd, Carduva, Sclcit~via, and snv~tlcr conuzuuiitics in Yh.c TdVC15 impactcd arca witli
5lurinwtd~:,t ~UG~ccr~~s
1 Kuc~ial~, I l4YTl~r, Vatde~,, Sc~vard, Gqrdnva
INFORMATION ITEMS
KENAI CYTY COUNCIL MEETING
NOVEMBER 1, 2006
1. 10/27/2006 Purchase Orders Between $2,500 and $15,000 for council review.
2. 10/24/06 L. Semmens memorandum/Investment Report.
3. 10/24/06 F.D. Craig letter regazd'ang South Forest Drive/end of Street
Dedicalion.
4. 2006 Charitabie Gaming Pernut/Alaska Outdoor Council.
5. 10/25/06 P. Carty, Salamatof Native Association, Inc. regarding purchase of a
portion of'IYact A, Baron Park Subdivision.
6. 10/26/06 J. La Shot, Public Works Manager/Streetlights 2006 Status Report.
7. 10/9/06 City of Kenai Building Pesxnits/Third Quarter, 2006.
8. PRISM Properiy Condition Survey.
9. 2006 Gaming Pernut Application/Kenai River Guides Association, Inc.
7
W
~
<C
J
v
z
~
0
u
~
O
~
0
0
d
0
4
V7
~
~ o
z o
Q fy
O ~"
o ~
N ~
N m
VY ~
Z W
W ~
W Z
~
UJ .
m IL
~ p
~ (9
W Z
~ F
W
W
J ~
Q J
K ~
a ~
r
z
~
~
U
a
~
a
W
0
K
O
0
z
w
y
~ O O
~
~
Q
i O ~ O ~ t
0 ~ p
i
~ ~ ~ ~ .
M ~ T ~
O>
~
N
r'
V
N ~ I
O M V
Ci tD ~ ~
(D ~ 1`• t~
N
C~
Q
~ !~
a w m w
~ a Z
~ ~
a
~ ?
US ~ Z ~ J y
? j
~ ~ Z. W 2 0 Z
~ o ~ ~ ~
= N z ~ .
v
~
'Q
1 ~
y
~ _ !L
O d
.~L U Q Il.~ ~ (~' Cq S~
~
a
~
u~
K
Q}
W
W
d
~
~
~ a
F-
d' ~ `~i-
~ ~ ~
z
0
F=
U
O
J
~
a
I- Z
Z J
w Z
~ o
a
~ (~/J J
~ ~ U
r~ ~ w
~
I- U
U
~
U
~ W
J
~ W
O '~ >
a~ o ?
~
u`~
} ~
¢ 4
~ °tl
Xa N
f~ Z
J ~
J ~
J ~
~ m
a W
x
a o
~
~
0
~
w
~Q
W
Q
H
r ¢
T U
a a
a ~
J
o W
H W
a a
~
Q fn
Z
O
~
}
~
m
~ U
W ~
S ~
~ U
O ~
U W
W ~
U w
z ~
~ o
} ~
K ~
~ q w
~ ~ a
m
J fn
~
C7
3 z
W Q
z ~
J ~
H
~ ~ ~
0
°'~ `~t W
!11 ~
~ W Z
~ W j
d fp U
}
C~
O
O
Z
S
U y
W F ~
U W
Z Z Z
k W =
2 ¢
Q H ~
w O U
Y Z Z
I ~
.
MEMORANDUM
TO: City Council
~
FROM: Larry Semmens, Finance Director -_
THRU: Rick Koch, City Manager
DATE: October 24, 2006
SUBJECT: Investment Report
At September 30, 2006 the City had investments with a market value of $34,135,267.77 which is up from
$33,512,275.12 at June 30, 2006. The portfolio yield was 4.22% compared to 4.12% the prior quarter.
The breakdown of types of investments held is:
US Agency Securities $32,256,892.80
AML Investment Pool $ 1,694,499.57
Bank Balance $ 183,875.40
The Federal Reserve Board increased short term rates last quarter to 5.25% and stopped. The yield
curve, which plots interest rates over time, is inverted. This means that short term rates are higher than
longer term rates. ft is sometimes difficult to invest in longer term securities in this situation, but given the
steep decline in rates a few years ago, it seems prudent to lock in rates above 5% when securities are
available. Many of the securities with this type of yield are callable. i have generally been purchasing
callable securities with only one call date. This sacrifices some yield for more certainty. All but one of the
securities in the portfolio with longer than 2 year maturities are either `bullets' meaning they are not
callable, or have call features that must be exercised prior to March 2007. If the option is not exercised
those securities will also become bullets. As you can see from the attached, most of the longer term
securities have yieids in excess of 5%.
The market value of the portfolio has improved since June 30, 2006, but is still below original cost and
below par value. As interest rates increase the market value of securities in the portfolio decline. If the
investments are held to maturity, which is my intention, we wili realize the par value.
My base strategy of investing is to buy and hold. As cash is avaiiable I invest it at the best rates availabie
within the time frames necessary to meet cash flow needs. Some of the securities in the portfolio are
callable, which means the issuer can redeem the security for the par amount at their option. A call
generally only occurs when rates are falling, which means that the investor will reinvest at a lower rate of
interest. On a very infrequent basis I seli a security to meet cash flow or to increase yield by purchasing
another higher yieiding investment. If you have any questions or comments about the City's investments
please contact me. A copy of the portfolio is attached.
CITY OF KENAI
CiTY OF KENA~
INVESTMENTS
9/30/2006
Current year cost or AT
06/30/06 Market Value EFFECT. DATE DATE MATURITV
SECURITY originalcost MarketValu e 9/30/2006 RATE PURCH. DUE (PAR)
FNMA 2.5 994,500. 00 993,440. 00 $980,630. 00 3.09 11/24/2004 11/9/2006 1,000,000
FHLB 2.32 995,000. 00 985,630. 00 $993,750. 00 2.47 7/7~/2003 12/19/2006 1,000,000
FHLB 3.375 1,998,000. 00 1,977,500. 00 $1,989,380. 00 3.42 1/12(2005 1/12/2007 2,000,000
FNLB 3.625 1,000,000. 00 988,440. 00 $993,750. 00 3.63 2/16/2005 2/16/2007 1,000,000
FHLMC 2.85 995,000. 00 983,130. 00 $990,630. 00 3.05 8/25/2004 Z/23/2007 1,000,000
FNMA 2.5 996,500. 00 979,690. 00 $988,130. 00 2.62 3l8/2004 3/8/2007 1,000,000
FHIB 4 2,495,000. 00 2,466,931. 25 $2,478,632. 80 4.00 4/5l2005 4/5l2007 2,495,000
FHLB 4.5 1,000,000. 00 991,850. 00 $995,630. 00 4.50 10/77/2005 4l17/2007 1,000,000
FHLMC 3 999,500. 00 979,060. 00 $986,560. 00 3.02 4l28/2004 4/27/2007 1,000,006
FHLB 3 1,000,000. 00 979,690. 00 $987,190. 00 3.00 4/27/2004 4/27/2007 1,OOQ000
FNMA 3.375 996,000. 00 981,880. 00 $985,440, 00 3.55 1/4/2005 5/15/2007 1,000,000
FHLB 3.13 989,700. 00 979,380 .00 $986,560. 00 3.42 9!3/2003 5/2112007 1,OOQ000
FHLMC 4.705 1,000,000. 00 99Q120. 00 $995,780. 00 471 10/1 V2005 10/1 V2007 1,000,000
FHLB STEP UP 3.75 999,250. 00 990,630. 00 $997,50Q. 00 4.50 11/29/2004 11/28/2007 1,OOQ000
FHLB 5.1 998,033. 00 993,440. 00 $1,000,940. 00 5.21 3/10l2006 3/6/2008 1,000,000
FHLB 3.625 987,500. 00 967,190 .00 $978,440, 00 4.09 6l29/2005 5/19/2008 1,000,000
PNMAStepup 1,000,000. 00 985,630. 00 $993,750. 00 4.50 5/79/2006 5/19/2008 1,OOQ000
FHIMC 5.5 997,616. 00 997,420 .00 $1,001,500. 00 5.63 6(28/2006 6/13/2008 1,000,000
FNMA 5.0 996,800. 00 996,800 .00 $997,500. 00 5.18 9I13l2006 7(25/2008 1,OOQ000
FNMA 4A2 986,268. 00 971,250 .00 b982,500. 00 4.33 8f27l2003 8/18/2008 1,O~Q000
FHLB 3.5 994,500. 00 955,310 .D0 $96$750. 00 3.63 3/4/2004 12/26/2008 1,OOQ000
FNMA 5.17 1,989,000. 00 1,981,880 .00 $1,996,880. 00 5.39 5/26/2006 2/23/2009 2,000,000
FNMA4.3 1,000,000. 00 971,560 .00 $998,130. 00 4.30 5/6/2005 3/9/2009 1,OOQ000
FHL86795 1,115,620. 00 1,039,690 .00 $1,048,750. 00 3.9D 2/71/2005 6/30/2009 1,000,000
FHLB 4A . 994,630 .00 995,000 .00 $998,750. 00 5.15 3/10/2006 12/28/2009 1,OOQ000
FHL84.5 998,000. 00 967,190 .00 $985,310. 00 4.55 5/12/2005 5/12l2010 1,000,000
FNMA 4.375 972,750. 00 960,940 .00 $985,310. 00 5A5 12l2/2005 6/21/2010 1,000,000
FNMA 4.125 959,450. 00 959,450 .00 $969,690. 00 5.15 8/24/2006 Z/17/2071 t,00Q000
FNMA 5.25 989,000. 00 985,940 .00 $998,130. 00 5.52 6l28/2006 2/23/2071 1,000,000
SUB TOTAL S 32,437,617. 00 $ 31,996,09L 25 $ 32,256,892. 80 32,495,000
AML POOL 1,694,499 .57 1,694,499 .57 1,694,499. 57 5.09 1,694,499.57
$34,132,116 .57 $33,690,590 .82 $33,951,392. 37
REPO $183,875. 40 $183,875 .40 $183,875. 40 4.80 183,875.40
TOTAL
$34,315,99t97 $33,874,466.22 $34,'135,26777
34,373,374.97
TOTAL CURRENT YIELD 4.22%
~
'
F. DeWayne Craig
P. O. Box 16I3
Kenai, AK 99611
Phone: 283-7842
Oetober 24, 2006
Mr. Itielc Cook
City Manager
aia Faaal~o ~~~e. su,ce zoo
Kenai AK 49611.
Re: Soufh Forest Drive - end of street dedication
1)ear Mr. Cook,
t~ " "`~ ,, ~
~~ ~~:,, ~~"~~,-.
~'
t ~~~^~ ~ ~~~~.:,,,
~~
F
( ~
, ..~~ P ~i
~.,,' "~~..~a'?; ~
This Ietter is in reference to my teiephone cali to you regarding the need for
dedication of approximately 60 feet at the south end of Forest Drive. Abou~ 25
years ago, the City paved the area and put in sidewalk. According to information
from Surveyor, Cliff Bat~er, dedication of that portion of South Forest Drive is not
on record.
I purchased binff property south of Lot 1 Block 6 Redoubt Terrac~ Subd. #3 from
~ernon Lofstedt, Sr., and I am in the process af getting a mienimum lot size Variance
for the new Lot lA through the City's Planning and Zoning, and then eompletion of
Yhe plat through the Kenai Peninsula Borough.
I am requesting the City do their part in the dedieation process. This will allow
a¢cess fro~ South Forest Drive to the new Lot lA, as well as resolvin~ the lot being
land locked, so that I will have a valid deed to the lot.
I will appreciate being kept enformed of your progress on this matter.
Thank you for yoar antieipated cooperation.
Yours truly,
~,_
~
~ ~~~~ `
---____.
F. DeWayne raig
~cc: City Clerk for disdribution to Council
.~
Alaska Outdoar Cauncil
PO Box 73902
Fairbanks, AK 99707-3902
Ph: (907) 455-4262 ! FAX: 455-6447
aoc@alaska.net ~
www.alaskaoutdoorcouncil.org ___
~•~-°----.-°~ __.___~___~,_....~..__ ~,
N
m
T TI '~^
d d o
~~ ~
F .T ~
~ N a
D '-
T. n
~ ~
~ o
o ~
a
R
O
N
~
K
0
~tC~ ~ ~ ~
Y N ~d
C7 p ~ C
-. m 3 a
0 3 ~ "
N ~
7 q ~ ~
m~° n.a
~ ~ ~ a
6 C j ~
;
~P'"w_
v+t~>>
~ o a o
O ~ y
^°c =3
rv ~ - c
~ tD O ~
~' 6 n
N .~,p
w ~ m w
Q ~ ~ ~
N ~`
O o ~ v
w a ~ w
ti ~
~a'm wo
d F ' ~
ro sG1n '
b p1
m~~
c ~n o I
~ ~ ~ .
a'
m ~ ~ '
< ..
w = ~
~ rn 7
am m
~ ~ D
°1 O m
a~~.
;xd
N ~~
~ a
~oo
~ o
J ~
~
m
3
A
~
n r
61 ~r^
Q V1
~ ~
~
C
? v~ ({~~7
o m.0 r/
~ ~ 4 -
~ ~ ~
~
~ ~ u
_
~ ~
~
O ~
~ ~ ~
~
~ ~ ~
o ~ ~
~ J
~
~ ~ ~
~ ~ ~
~ ewe
W ~
N c
d ~
0
~ ~
- ~ ~ ~
~
C6 ~ I
=i '
z I
o !
IDI
c
d i~.
w ~
o ~
~ OI
,- a
~i~
0 d
ai~i
m N
~ O
~ ;~~
m °i
~
'<' I''I
O nI
N
o Ia
N Q
8 IJ_NCI
I .
D O D
D W ~
D ~ ~
Z~p
~ o ~
y N O
~ O
m ~
m n
V
O O
Z
O
f-
-~~~i« ~~ = 4 : :,.s
~.._.._w..~.~. _....,,._ _:_,,
uu ~ E f 2Q~~
j
~~_ ~ .~'`d ~ ~#~ ~~:'s_ {
D
~
3
3
c
»
Q
m
O
h
~
a
G1
h
O
~
N
b
n
C
O
C
N
b
n
W
.~.
S
~
0
~
»
0
7
0
r~r
S
A
61
rCi
1
O
~
N
Q
0~
~
4
~
~~d ~6LL 9LC, L06 ~ aoopan~ e~se~y ouay po~
el£ 80 90 OL ~°0
SALAMATOF NATIVE ASSOC., INC
Post Olfice Box 3682 • Kenai, Alas]ca 99611
Phone (907) 283-~864 • Fax (907) 283-6470
~
.
6~"E ~ ~...,« §,„ 4, ep{„£ ~;.._ A ~ ¢
r....
__,~..,_...,_. ..._._.~
f
~L I °~ ~ LUUi7 ~
i
~
CITY OF ~;EFk~!
Octobex 25, 2006
Mr. Rick Koch
City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611
Subject: A portion of Tract A, Baron Park Subdivision
Dear Mr. Koch:
Salamatof Native Association, Inc. is prepared to move forward with the purchase of 3.81
acres of the above referenced parcel. In addition we wish to purchase the 2.1 I acres
adjacent to this parcel when the FAA issues a deed release.
We await your letter stating terms and conditions.
Sincerely,
/~~r ~~
Penny L. Carty
President/CEO
°V lla e wit~t a Past, Gi t.vit~t a Fur ~' ~
9 ~'
~ ~r~;,. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 ~~
-' ~'`~~ "~~ ~ Telephone: (907) 283-7535, E~. 236 / FAX: (907) 283-3014 ~~~I~~
--_~~_':_-~:-.:~ ~ 7992
~ theci:.~:~
KENAI. i sKa MEMORANDUM
U
TO: Jack La Shot, Pubiic Works ManagQf~,
C1(~
FROM: Jan Taylor, Public Works Admin. Assistant
DATE: October 26, 2006
SUBJECT: Streetlights 2006 Status Report
Repair List:
HEA
All lights that have been reported to HEA have been repaired as of 10/19/06 except:
Fourth and Spruce - Reported 10/19/06
Upland near the Native Center - Reported 10i20/06
Eim and N. Forest Drive - Reported 10/20/06
Stellar and S. Forest - Reported 10/20/06
KACNEMAK ELECTRIC
All lights that have been reported to Kachemak Electric have been repaired as of 10/25/06
except:
Channel Way and Redoubt Avenue - Reported 10/25/06
New Lights Pending:
Waiting for HEA to complete meters/underground work, Kachemak to install (Summer 07)
217 Susieana
205 Susieana
Skyler and Miranda Court
689 Sycamore Circle
Memo to Jack La Shot, Public Works Manager
Page 2
October 26, 2006
New Lights Instalied 2006 by Kachemak:
325 Portlock
313 Portlock
Repiaced pole and fixture at 312 Sterling Court (HEA working on restoring power to light;
power was cut to the pole during the upgrade to the subdivision)
New Lights Installed 2006 by HEA:
Location Actual Cost
Hi hbush and Aliak $25.00
Crow Court and Tinker Lane 3,801.22
Second Avenue and N. Gill 4,253.53
Lantern and Candleli ht 2,636.06
N. GiII and Third Avenue 2,564.40
End of Haller 4,185.55
Set Net Drive and Bow icker 3,048.31
Fourth Avenue and Eadies Wa 1,973.43
, Fern and To iak 3,345.10
Ponderosa and Silver Pines 3,276.57
$29,109.17
Requests for New Lights
9/25/06 - Second and Evergreen
9/28/06 - Pirate and K-Beach Road
~
0
0
N
~
Q ~
Z Q
W d
~,. ~
/ ~
~ _
~ ~
U ~
~
W
LL.1
~
H
~
W
M
M
M
J N N N
Q ~ ~ ~
~"' a U U U
~
O W O O O
f.? Z C C C
p
CO
O
~ ~
C° ~ o a o a ~
~ o co ~ ~ _ ~ = a~ ~
~ p (D 2~ ~.
Cp ?~ U
N
~ E ~ ~ ~
a n ~n N a~ U
Q ~
~
~
~
Q ~6 m ~ ~ ~ ~ °~ ~ ~ S 0 0
a
i ~ ~ co
~
~ ~ (6 ~ ~ ~ G i
' p
` ~
~ ~
~
N "6 ~ ~
CO - d C Q , O
) .- ^.
o O.
E ~ f.~
~ N
~
~ ~ ~
U
CO ~p
O ~ ~- ~ ~S ~ CO CO C~O
W p t~
~ ~ ~ ~ C6
` 0 O ~ ~ a Q. J N N ~
~ ~
- V-
-
a ~ Q
~ .
~ N
~' ~
o w
o rn ~
~ E N E E-o ~ ~
a o ~ - ~ ~° ~° ~ m m X K
N o
. a~
U ~ V ~ ~ o
N a t0 N "~ o 'O - "_- "_
~ ~ ' ~ ~' O ~ N ~ m O
~ N N
~ Q i i Q ~ , ~ 07 E N
d W ~ o o ° ~ Y ~n c
~a m ~ ~ ~
`- ~ ~~° m m m
m ~ ~
Q 3 0 ~
~ 0 0
C
O (
D
~ Q C~„D ~~ ~~ M N 0] > ~' ~' 07 O~ ~ ~' ~ ~ ~ Z ~~ ~' ~' ~'
~
r.+
~ N
~ ~
'
(,
CO
N
~ -o
~ ~ °
O ,N o
N
'L N M O U ~.- t(?
~ G C .~ . O ~' ~
' W
'
C '~-
.~-~ ~
~
~ m m ~ ~ ~ ~
LLI N
- N
3
p -
~ C ~
p ~ ~
~ ~
~G ~ ~ X
~ ~ .J .
~
U
U ~
'
O
~ m =
U'+~ ~
O
~ : ' O
N ~ .~- C N ~
y ..
> > ~ ~ ~ m 3 ° "
c
°~
tn 0 0 0 0 o
~ N
-. -a ~
a~ N »..
~ .~
~ ~
~
~
CS W u,
. u,
. ~n
. u~
. y ..C ~
~/7 o
IL -p .G O O O O
~ O LA O ~ ~ ~ ~ L ~
~ 7 61 ~7 - (p - ~ ~
Z J J J J Y Q W'p 0 o2S Q J J J J
w-
O
~ +~ ~' ~- ~ a'S
~
Z ~ T ~ LA '6 p ~ O i >
> N ~ ~
~
~ ~ ~
~ ._
~ `
~ C
~ O 'O
~
~ -
~ ~ ~ d ~ N U~ O ~
- ,~ a~ ~
i~ ~ ~ a ~ ~ ~
3 a ~-
i
°~
m a~ ~
' m > m ~~ >
°tS
U
`
°~ ~
~ ~ o a~
Q 3 c
~ in ~tS Q ~ xs ~S Q m m °tS ~ o~ ~ Y ~
(~ C ~` ~ O ~
~ ~ N ~ N .~ ' j U .~ i u7 (0 O '~
O ~ > (6 N N O ~C r C N C ~ ~ ~ ~
r (4 Y .~"~-. N >~ .C (6 L
J ~ >CO ~~ N W d M N~ d ~ U~..' G NW Q .> >U COU
c0 c0 c0 t0 to ~.cfl c0 c0 cD c0 tD c0 cfl c0
O O O O ~O~ O
~ O O O ~O O O O O
O O O O O O O O O ~O O O O O
N N N N N N N N N N N N N N
~
M ~
t\ ~
` ~
rf' ~
~ ~
tn `
t0 ~
~- ~
` ~
W ~
M ~
W ~
M ~
M
~ ~ ~ N \ N ` ~ M ~ ~ N ~ N N
Q N M tn tf> ln ~ W W ~
~
O ~- N M d- ~ CO I~ O~ O) O O ~- r N M ct tC7
Z O O O O O O O O O r c- ~ r r r ~- ~
m CO CO CD C9 CO GO C~ CO (O CO CO CO C9 G~ CO CO t~
O O
O O O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O
°) N N N N N N N N N N N N N N N N N
~
m
~
d
c~
0
O
N
~
Q ~
Z Q
W n-
Y wN
~ LL
0=
~ ~
U °~
~
L1J
Ll1
~
~
~
~ ~ ~ ~ ~
~ ~ ~ ~
~
F' U U U U U
~
O
O
O
O
O
O
(, C C C G C
~
tn
tn
~
d
N
c~
o
o N
~
a
~;
S S ~ N .p (6 C Cp .p = N N ~ ~ O
O O ~~ ~ N .~Q O~ ~ O 6~ ~ ~ O
~ tn
N «)
N O. ~-
~U O L
p~ ~~\
~ Co m 3
~ Cn
a (n
a N
p C/)
d N
O
~ p '6 '~ ~ ~ N
~ CD ~
C O ~ S = = T
rn ~ U U ~_ ~ X .
cfl 3 C'Y c~-a c~o W m W
~ cfl m ca ~~ co ~»= ~
o a~ ~ °' 3 3 3 = 3 =
O O O
Q N U ~ ~ °2S O O ~ C N"~ O
K U= N N ~ p~ '
Id,p =G O d n- O.. -~ ~ N O~ 'u
- _C X '~ d' p O
~ m o E E ~-o - a ~ °- .,_, ° w a a~ n~ ~
Q ~ L m m m c a~ ~= E m 3 ~ c E E o E N o
.fl a .6 ~ m ~ w ~ ~- a~ Q m m m~
~ ~ ~ m m ~
o o ~co
~ -
~
~ a ~ m ~ ~
~ ~
E
. a
i. a
ia
i
a i~
a i
a i
a
w ca m
~ m
O .~ ~ °
~ M
O ~ v a~
(6 (6 - ~ a~
(0 V ~
(6 ~
RS
'a ~ ~
f6 O
'O
O O ~ '6 ..
~ 7 N Q. O.. ~ C2. ~ ~. O Q. +' O
6 6 6 '
~
X '
' ' ~ ' ' > ~ >
0 ~ ~ ~ ~ ~ ~ ~ _ (.n ~
'V-
'. ~
~
~ 0.. ~ ~ > ~ >
~
O
~ ~
N
O ~
a
~
~ m
C U
~
O ~ (9 ~-
Y > > N ~ N
~
o 0 0 0 0 0 0 0
W .o .~? .N 0
~
O
~ ~.
~ ...
r
~ ..
~
~
~
L
°~
s .~
r w.
s ..
~
a~ . •-
Z J J J J J J (n J J J J J
O
~ ~
O ~
~ ~
~~ ~
N U ~
C ~
~ w
Z xS m L
.~ ~ c cyo ~3 ~ ~ ~tS d cn ~ ~
~ ~ ~ •` ~ ~ U ~ ~ ~ n Q °u a U
a ~~ ~S' (B U C6 °~ p N Y (n ~ N N ~...
!A 'a
C~ 'o
C~
U ~ 'LS Y ~> U i V7 (0 -p -p ~j ~
N (6 .L f6 ~
O N N
SU N
O (6 N
U~ (6 Y
W ~ N tQ
~~ ~
~ p ~ N
~~ ~
~ N
~ ~ ~
t Q.-
~S Q(6
~Z
J m Q N n~
co cfl m co co r~ m co m co cfl co
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N
`..
M ~.
M ~
M ~
.- ~.
~ ~
V ~,
V ~..
d' ~.
rl' ~.
<P' ~
d' ^-...
rl'
W N N N M ~ ~ ~ .- c- <- c- e-
a ~
N ~.
CO ~
W ~
OJ ~
~ ~
~ ~
6~ ~....
6~ ^~
6~ ~
O~ ~
~ ~
6~
0
O CO 1~ O~ O) O ~ N M ~ tI~ CO i~ 03 O)
Z ~ ~ ~ ~ N N N N N N N N N N
m O O O O O O O O O O
O O O O O O
O O
O O
O O
O O O O
7
N
N
N
N
N
N
N
N
N O
N
N
N O
N O
N'i
N
d.
C
a
a,
~
O
0
N
~
Q~
z¢
w~
~ W
-, ~
J ~
~- _
F'- ~
U -,
F-
W
W
~
E-
~
~
~
~ ~
~ U U
o O O
U ~ ~
O
Cn O CD CO CO
~' N ~ N O O O
S d i
~ 6~
~ ~
(~ aj W N ~
N ~
.~.
~ ~
f6 S ~
U tf~ CD t6 C Gfl
~ ~
O ~
O (6 C Cp
p ~
O
\O ~
3 ?s
o C
C6 ~ 6)
~ ~ ~
~ ~
~
c~ o r cn
o ,n
cu a•- _
' ~
° c~
o ~.-
m (n v) ~.-
m u)
~ ~
N -
_ ~ U
~
~ o
Cf]
C e-
2
= o
Cp
~ r-
_
Q ~
'Ma
~ ~ N d' ~1-+ Q .
Y . .
.
~
W Q~ 3 m cZ = w ~ 3~ m m ~
3 ~ ~
= co
o ~,•' 3 = °a~~ 3 3 °a~~ 3
p ~ ~ O~ ~ ' O O O ~ N~ O O O N ~ O O
W ~p ~ C N N Q Q J ~7' "6 ~ ~~ ~ N N 6) X~ N
~ ~ -a ~ a~ ~ ~.o n. ~ a~ n. ,., a a n n, r a a
Q o a°~i ~ E~ m c~ c E o o E~ 3 E E E~ g E
C, w N co o .~ ~~ m ~ Q m_ c m m m_ c m
W
~ ~
~ 'a c
•- ~o o
N c~
m m
E ~
~ ~
~
' ~o ~o
'O -o ~ -a -o
' -o
U
~
' p
m~ 4
~6 N~ - N N
°~ N
~ N N~
d
°~ N
~
W
E'- -o
~ a ~ c~ ~
o ~
o~ ~ Q -o
o a
o m m c~
o m m m c~
a
a
o ~~c~ a
~~
~~ Q~
O
o QQm a Q na~ a
o
~ ~XO
~w.- ~~
~ >
~ ~
~_ ~N
~~
~
~ ~~~
~~ _ ~
~ ~
~ ~~N
~~ _ ~
~
~
~
O
N
C
m
O
O
~ ~
~ o ~
a~ ~ o -°
~ m
~ ~ N ~ c
o U
O
O
O cn co c
W N N ~ O O ~ ~ O O O
~,
o .~-~
.~ '~--~
L
L L +-. +. (6
~ y
~ r--i .`.~ .a.
~ ~ _ m ~ L~ m
Z J J J Cn fn N J J O 0~ _I J J
~ "~
~
~ ~ ~ ~ ~ U
Z
p ~
xs ~
xs p
-i ~
~ ~
¢ ~
~~ ~
` ~
u- m
~ ~
m ~
o ~
<t
~ ~
U O>
~ L ~y
W '
(6 S]
(6
~,
Q
U ~ ~
F- - N N
f Y ~ Y
~(6 (
p
~
n ~
' N C
N Y
~ ~S ~ ~ p
m
V c
-
~
O O t ~ ~
J > 0~ >> ~ m 0~ W U U~ Ct W ~N ~' J N ~ tf~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
O O O O O O O O O O O O O
O O O O O O O O O O O O O
N N N N N N N N N N N N N
\~.i.
V \~F
V \~.1.
V \.y.
V \
~ \
~ \
~ \
~ \
~ \
~ 1
Q \
~ \
~
~ O O
Q ~ ~ ~ ~ ~ ~ ~ ~ ~
\~ ~
r ~
r
O O e- N M ~I' ~ (O I~ CO . ~ O ~ N
Z M M M Ch Ch M M M M ('7 ~ ~ ~
m CO CO Cfl CO CO Cfl CO CO CO (fl (.O (O (O
O O O O O O O O O O O O O O
O O O O O O O O O O O O O
~ N N N N N N N N N N N N N
M
N
m
m
n.
cD
O
O
N
i
~
Q ~
zQ
w a.
~c w
~~
0=
H ~
U J
H
W
W
~
Cn
r
~
0
v
o co c~ co
~
~
~ o
rn 0
rn 0
rn
° ~6 ~
~'
~ r
n o 0 0
tq
~ ~
~ c ~ ~ ~
~
_ ~
~ ,
T
L .G L L
~
~
3
~ 3
~ 3 3 3
Q o
N ~ ~~ o
N 0
N 0
N
W 3 r' U
Q E h E O ~ ~ E
a m ~ m_c
_ c~ ca m
-o
-o
o Q
-o
~o
~
a
-o
W (6 (6 ~ (6 U p~ f6 (0 C6
~° Q Q f
O Q. ~''
O O. d. O.
~
0 ~ ~ ~ ~ i ~ ~ ~ ~
~
~ ~
~
o 3
~ N
`6 ~ o 0 0
U
p '~ '0 'O
~ c
'~ c
(6 c
(6 c
N
~
C C C C p
(n '
Q ~
O =
O O O O N
W . V) U) v> '_
~ 'C L t C C G -C
o m O~ CJ1 - - - m
Z J _.1 J Ga m 07 _I
Y O U ~ ,~p ~
Z
o ~.
~
~f ~ "-'
~ ~ ~
i U ..~. ~
X ~
i, ~ >
(6 Q
~" O C
L C ~
N ~ ~ ~- ~
~ -O ~ N .fl
d ~ ~ ~ _ ~ ~ ~ N c ~ C O
(~
~ ~. - .~ ,d, N ~ N C ~ O E s ~
H ~ i ~ ~
~
~
J ~ ~ n t
W i t
v
i U~
0 0 0 0 0 0 0
O O O N N O O
~ N ti ~ O) 6) t)
W ~- ~- e- c- ~ <'- N
a O
~ O
~ O
~ O
~ O
f O
~ O
~
0
O M ~ tIJ CO f~ W O)
Z ~' d' ~ d" ~ V V
m o O O O O O O
O O O O
'"8
N
N
N O
N O
N O
N O
N
~
a>
n
~
Q
z
W
.~
J
~
h
V
~
O
O
N
~
~
Q
a
W
~
~
_
J
~
W
W
~
~
~
~
~
0
U
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N
\~L
V \
~ \
~ \
~ \
~ \
~ \
~ 1
~ \
~ \
~ \
~ \
~ \
~ \
~ \
~ \
~ \
~ \
~ \
~
r ~ \ ~~ ~~ ~ ~ ~ 0 \ \ \ \ \ ~ \ \ \ \
r r ~ ~ ~ ~ ~ f ~ ~ ~ ~
r r (~ \~ ~~ l~ r r r
~
W
~
a
C9 G
..
~
d
W
'~ Q
O Q
0
~
~
C N
o x
u=
i~+ ~
~
,~ _`
~ n o
o 'Y -"~ ~--
y U ~
'
.~-~
~ .~..
~ .F...
~
~7
7 y= N
(0
~ .i-~
~ .r-~
~ .~-~
~ .-.
_ +.
~ .-.
~ .~-.
~ .~-~
~~ ++
'~
7
7
7
7 .-.
~ ++
~
Q lJ.) 0 0 0 0 0 N
._ .~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
!\ L
1
L
s 4~
.C 4~~
.C i-~
.G rt/
.C M-~
..C 4-~
.~
L
L
L
L
L 4~~
L
L
L ~
L 4~
_C 4-~
.C Y
L +.~
.C
L 4~-~
L
V o
~ Z J J J J _I J J J J J J J J J J J J J J J J J J
V
~
W ~
L W
m
~ J ~
O =
o az
_
~
U
C
~
~
~
U
a
+'
N
N
~
~
-
~
C
4-.
~
.~
~
-C
~
Y >
"-' (
q
N
~ ~ ~ ~ `m ~ 3 a~i a~i ~ ~ ~ ~° _ ~ ~ ~ m z o
~'~' 0 N O ~
y~ ~ L .F IO O J ~/~ ~ ~ L Q LL
Z ~ u. ~ U W o J ~ _c (n - tS m .V/
~' a ~
~y tn ~- ~ cn
O ~ a a~
f- ~ ~ `-~ N Uj 3 3 ~ ~ w m ~ otS ~ o ~ ~ ~ m °~ Z ~ °~
~ ~ ~.
~ ~S ~t3 •N 3 ~ ~ ch ~ '
C °~ ~~ m
V
~ ~ ~ ~ •~ ~n ~n -o 3 p . U ~ ~ C ~
o
J Cn CO ~ Y ~ ~ ~ N J M ~ ~.c~ U ~ J ~ 'r ~] tL W ~C.~ (n
co co co cfl co co cfl co cfl co co co cfl cfl co m
0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ o 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N
~ N
~ N
--. N
~ N
~ N
~ N
~ N
~ N
~ N N
~ N
~ O O O O O O O N
~ N
- N N
.,
M
t0 .
(O
O~
I~
t-
N
~
s-
N
N
N
N
N
N
N
N
N
N .
p~ ~
O ~.
O ~
O
~
~- 1'
e- ~ ~
M ~
Cfl ~ r N M N N N
` ~ ~ ~ ~ ~ `
N ~
~ ~ N N N
~- ~ ~ ~ W ~ p) p) ~
p N N N N N
O
O O O O O
Q ~ ~ ~ ~ ~ r T (~ l~
~
~
~
N
d
~ ~ ~ ~ . ._ ~ - ....
T N I
t0 I II ~ I
~ I I ~ ~ ~ i ~'~.
iw C'
A n
n I
a C'J
i~n ' Y (O
i ry
~ ~
~
n
~o
N
m
v
m
I
n
I
,r
cn.o
~ .
~
r.
m
~
.
E m I
N E ~o , o o v> o o
a c> ~v I o
~ m o
0 E
C O n
w v
w L
~ M N N I
en cn I
E» ~ M o
~ N ~+ ^ ~ L
~ V ~4 ~ a U a 0 ~ I a a a L
~ U ~ w
a ~»
a I~ O ty
a N ~
_ W
W
W N
I y
W
J
J
W
W
W
~ Y
J
W
W
~ Y
" = 2 ~n S = 2 S ~ = S I
or ~ S ~
~
in in ~o o <o S 2 co c`o ~ ~o ~
O = ~o <o V
.c <o Q = o
~ o
U 0
m 0
m 0 o
m Z ~ Z o
rn o
' i o
rn ~, o Z o o ~ o~ °-' o w Z o
_ ~
~ ~ O ~ O i ~ w ; O rn ~ rn ~~ 5 m _ O
~
I r°' $ I a¢ I ~ ~ i I
E o ~ i
, ~ ~ ,I
i
y ~ y
I~~ ! i ~ ~
i
O
6
dS
N
N-
9
O
o
o
O
O
o
~ o
O ~
O
o
O
O
o
O ~
. .. Y ~ CL C Z ~ 2 Z I 2 Z ~ Z Z Z Z~ 2( Z Z i
~ Z Z
~.~. u~i o o ~ o 0 0 ~ ~ o m o o ~ o o d ~ o
tt1 W } F Z Z ~ Z Z 2 } Z Y Z ' Z > ~ 2 2 r Y Y ~ 2 ~
~ i I
~
'
~
~
~ ~ I
U
~ i
I ~ i i
'
T d ~
~
~
~
! ~
'S
:: i w I I I
~ I
~
v ~ o
Z
y o
Z,~ o
Z I o
Z o
Z a
i
Y~ o
Z; o
Z o,
Z! ~ o
Z o
Z ~ o
2 0
Z ~ 0 ;
Z i ~
Y o
Z
~ ~ I I ~
~ ~~ i j ~ i i
i
a v, i i
E y
I ~ ' ~
d Q
~
Z O 0.', oJ N N w t~ (D ~ l0
_ nJ . ro a0 N ~ ~ ~ I~ ~ ~ O> ~ i
~ r i
~
~ i ~
I `
~
N
N
O
N
D
O I
d
O I
v
O
N
N
O
N
N
ry
O'
U~n
4 r } Z'i T 2 Zi >I Z, Y Z }I y~ Z > i > ~ > Z
m w m m w ~ ~
y ~ I
K > j ~ i
~ Y
v i
x I ~ x x i x x
i as ro I a`3 I ~a `w I i
v '
x
~ m m I
v m m ~,
--
~ o. i n~~ n i ¢ o. ~ n
~ v
~g
< i
+
+ ~
~ +
<
~ + I
g o~ ~ ~
O o~ ' o ~: ~
I o i N i
i
i w ~ w ( ~ ~ ' ~ ~ '
io » ~
U o 0 o I o 0 0 0
i N
~ N
~ N
~ ~
I ry
~ ry
N ~ p
N i !
~W
vi
ei
e»
e»
en
j I
F»
w
~
~~
' ~ I
~
' I
V 0 ~
V O)
N O
~ ~
N o
O o
O m o o I o I o O) o th i I I
p
1~
(O
1~
N
N
N N
(O O
O h
I~ tn
1~ ~ O
tp V
~ m
(O ~
tp
~
h
W~S M
en I ~
u3 ~ N
W I M
vi '~, N
ei ~~ N
w. V'~
e9 t*1
ei N
e3 N
ua i M
ei ~-
vi N
vi
» f N,
eA ~
~
~
~
~ i
~ i
I
'
i
I
~
V)
Q
I
~
~
J
J
I J_ C
! W
~ ~ F I W
J I CJ Y OI F I- I "O N J
Q Q I a j ~ W ~
N ~
' Z O ~ ~ ~ ' ~ U W ~ ~! j ~ >~ ( W
M m
~ ~ ~
3
i
c wf C
p 'O ~
' ~ ~..
3 ~ C I s( ~ > Q N
~ U
m m m
( a
~ m ~ 'o
~ .
~
( ~ > o U m N .c ~ N
j u O I m ~ c y m U o~ ~
C , Q m uJ ,V .N ar N ~' ~ = I
O
I~ ~
`
I C N
i I- O
o
( L
U Q N
~
°i
io 3 0 o m in <n
~ =
' = z a a as ~
° t ~
10 -
i
~~ o o ~ m c ` v~ U ~ , ~n ~ E~ c ! o ~ m o~ c
i w
~ U v> M ~ N ° ~ z °c ~ ~n ~ M ~~ u°'. i a° ; ° ii3 = v''i ~
~ i ~ --f -.._ , ; .
a ~ I
c
~
~
I ~
°' o I I
i 9 I E N I ~• I T 1 yWj p N U T C L I C
.43 N ~ ~~ O ~ i ~ ~ ~ i N '~ R ,m ~ y ~ t I
~ ~ ~ ~ U ~
I ~ ~
~ Z ' ~ ~ N c ~ ` m ~ ~
~ ~ ~ q
°
' N
° .
C .
.
C N ~ c
N ~ L ~ ~G
' ~ ~ N ~ N
' N
.
i m ~ a o o ~
i a ! m aci ~ ~° `m ~= i v '~ ~
d °' ~ ~ m ~
~ f1 Y ~ S Y ~ -~ ~ v) Y U' t~ U ~ o] i N U~ C~ ~
I
I
a ~ I ~ I i
N :
i d' O1 ~+1 ' N~ O~ i N~ N M I ~ y' I O N ~ 1~ ~ O~ O O (0
Q m O ~
~ O I
~ ~~
~ O. O O~ V O' O O W m
~ I
O I
Oo O
I
.u~ ~ W ~ ~ (O fD (O m ~ M N N l~ m . (O
d A
I Q: O O ~
.-
~O O ~
.- '-
~ ~-
~ ~
Orn ~(
Orn O~
i N i O I
~
` ~
` O~ p~
N
~ m i
~ r
~ rn i
^ ~ i
~
a d
I
Y Z
N
(O
C
ln
(O ~
I~
O~ ~
~ ~
I
~
~
L
~
0
N
F
2
C~
F
w
w
K
m
W
Z
~
~
N<
^
w
~
~
~Q
A
M
1
i
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
.s
~
~
.~
`o
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ..
v
0
0
0
~
Of
fA
0
0
0
~
'
W
0
0
0
v
W
~
0
0
0
v
[O
~
0
0
0
o
th
~
0
0
0
M
f9
o
0
0
~
a
0
0
~
f9
o
0
0
(~O
t9
0
0
~
~
0
0
~
~
0
0
a
d~'
ffl
0
0
o
tD
(7
W
0
0
0
h
N
M
0
0
0
M
Vi o,
;y
C
a
9
O ~
C N
v
E
m v ~ O ~ ~ Y
~O 9 'O 'O N Y ~ N N ~ U ~ W O
4 O
~ ~ ~ ~ O N
C O p ~ ~ ~
.C O ~ O a ~ O
~n O y J
U
~ c
~
V N ~
d
m
~
a
~ a
~
~
h v c v ~0 p s ~ o m ~ °
U
~
Q - 0 G C ~
~ ~
~ W ~
~ N
~ ~ ~ ~ a
a N
M W [0 M (n = Y w ~ O LL ~ W
m m m N ~
~ a ¢ ¢ a a m m~ ~,~-C 5 m p m m c
N <v
J r
J m~ ri nj
J v r ~+ o a
J
_a
J J K J J J J W d C~ J J J Q
T
~
?
(!) O
p ~
'
l T
~
2 ~
~
N
J
p
~
N
~ ?! O o
`ry y
U ' n
; ~ a' (0 = _
fn y. ~ C
°' ~ ~ a ~ ° o m ~ ° ~ v
y
y 3 ~ ~ a
E a _
~ i o
E o ~ ~ o
c Z `~
. ~
°1 3 i, ; a
i
~ M '~ M 3 H c
i vi ~ in v = ~ o ~n w'
'L O (p O N O M ~ O O ~- O Qi N ~
~C
(O
O
lp
O
O
~ ^
'- t0 (O N ~ C M ~ ~ ~p y ~
m
U W ~
0
UI
~ N
~
N
4~ N N O N
(n
~ C
~ _
~ C
O ~
~ C N W d N y LL L ~j
. ' U ~
~
~ ~ O N "O 'p ~ ~
~ LL '~ ~ d '~ '7 ~ T Z'
m ~ C m C f0 ~` m m - U d N
i` ~ m = ~ Y s w ~ c w u c p, .c
N (n ~ N ~ M J N = O ~ N
~ C7 ~ f7 > > 9 y~ U =
3 N E E = cJ O v y m w .
c
L V w 9
O m
S a~
- m m
2 m m
- a m m E n g o E o
~ ~ ~ ~ Y 2 S W ~ ~ m y H
ti ~ a m ~ o 0 o ~ ~ ~ °' ~ ~
r
i
N
O
+ r
i r
i o .
- r
i v
y l
I ^ O p O N O O O O .- O O
y
O
C1
O
O
t+1 `
D
N
N
O
V
O
N
~
M
<
O
C~ ~- O~ M M O~ ~ ill {") 01 01 (~
a c v v v o v o v v v v v a o 0
~o ~ ~o ~ m m ~ m m ~ m m ~o m ~
0
o 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0
~
N
N 0 0 0 0 0 0 0 0 0 0 0 0 0
ti N N N N N N N N N N N N N
^ O V W W ~ ro O O (D 1~ n] O
~~ ~- N N (
V ~V O .- ~ ~ ~
V
O d'
O 'V'
O V
O V
O a
O V
O V'
O ~
V V' N N t~ in N
O O O O O O O
~
~~.. ~O 1~ N OI O N th
^
y (O
N (O (D (O h I~ t~ r I~ ~ h- h r OJ
~
v N
v N N N N (V N N N N N N N N
4
m
m v v v v a v v c v a a v o
~ m m m m m m m m m m m m m
~
~
~
~.i
O1
~
~
ti
~
~
~
v
i
'r,~
ti
A
3tl
w
~
d
0.1
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~
o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 o a o 0 0 0 0 0 0 0
o ~n o 0 0 o c o ~n ~ o 0 0 0 0 0
l
O ~ t~ O oJ (V tn N O 1~ N O Oi ~
~!J f~ V V f9 N {A W (O fTl N K] N
Vi N cfl N W W fA fA E9 Yi F9
f9 M iq
N 9 N
N O Y
# m # 9 N
O vi ~ ~
(n fh
Sk = L
OI ~
N C
~ W
(/1 t
f" y
ry N
N
~
o S °
m
v j
U
m o
? o
` m.
~ ~
~ U
` W~ ~ O
° i r
~ o w a ~ ~
'
o y ~ tm, v 3 N a m ~ ~~ v1 tn a ~
`5 m a ~ a~ ~ c m a d m u1 y
ti v E > m ~ p o w ~ 3 m a a v ~ d c w
Q] p] ~p
-~ N
6t a] U1
c m J Q] ~1 ~ C
N~ ~ C
H
J
J
Y T
Q
o i
t
i LL ~ N q~ ~ Q
J t
~
J J J J J J (D J J ~ J ~ ry J
J d Q Q J
N ~ q
N N C ~ C S ~y C fn
J ~
~ y
>
N
~ ~ = J = ~ J ~
N
N
N Y a 'O C C p VI N C d
N O~~ rLA v d (A
~ o m m c m =
N ' m ~ ~ ~ a E
~ L m ~ L N N ~ ~ ~ O >
N O a U U i Y S~ m U
Q O
~ ~
~ c Z ~ C ci = U
O~ tn N tO M O '- N W tA O O O
O M ^ N O .- O N V cp O ^ O [O
~ (O ~- N 'p lp h N t0 N t~ N N
I T
I U O
C l0
I d
~
N U N
~.
~I 2'
~~ O
,. U
'. ~
j
L
U
~
.G
U
~
y
J C
Ul
N
G
Z'
~
C~ l6
d
~0
~
J
~
O
0 y
~
6]
A
~~
~
N
2
.
D
~
C
O
F N
C
~
Q
v~i
?
~
~
C
Y
T
"
U
y~
C
~
~
Y
V
>
T
N
N
L>
>
Z`
N
C~
Y
'~
~
N
N
~
Q y
~C
%
N
'¢O
L
U
~
Y
>
Y
U
~
Y
>
Y
U
Q.' 4~
U
~
V
O
a
y
LL
d
~ F-
U
N
L
~.
N
C
O
IY
cn rn <o rn o ~n n ~n r~ cv m ~n m m <o v
V O N O R N ~D 1~ O M (~ M O
O O O N O O O O O N O O O O
ao. <o m a io m co <o co cn m m o 0
N N t") (~ O t"l O N O V' N
M m m m rn c~ ~ r~ rn rn ~n ~n rn ~n
v v a a v v v v a v a v v v o c
co m to ~ m m rn m m to ~ m ~o co m to
0 0 0 0 0 0 0 0 0 o O o 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N
~ N N N N N N N
~ fD N ~ N CI V V ~-
~- N N N N C1 th M M M M O O
in ~ y N in tn N t(> if~ in N in ~ ~ ~(O ~O
O O O O O O O O O O O O O O O O
N (7 V' lD 1~ o~ O1 O N c] 'Q N (O f~
m m m m m m m m m rn rn rn rn m m w
N N N N N N N N N N N N N N N N
V P 'P < < R 'Q V V C 'P V V' V V V
m m m m m m m m m m m m m m m m
~
0
~
ti
~
v
C
Q'
N
3
O
~
V
~
ar
d
~
A
~)
~
d
~
~~ ~ ~ ~ ~ ~ ~ ~ ~ ~
I S o 0 0 0 0 0 0 0 0
0 0 0 0 0 0 o a o a
~ ~ N fA ~ fA ~N V' N ~
W Hi M tR Ifi
~ ~ ~
N
~
~
~
~ ~ N ~ ~ S ~
~
m
a
°~ `
E
~ Z O W r
i
C j N y ~ U y J O
a
U
°'
>
'
rn
`
a
~
u
4 ~'
a
~
' m
d "
< o
U' °oi
m
w
> > . m > N
m °~,a m
o p
W
m
m o
J --
m
m m
v m y
¢~ ~
c a
m
~ LL
v
`
m
N
m
N~
S o
C w
m.-
C
~f
J Q
J(4 O
U J J J _ J J
I Q d U
N N ~ _
~ m y m ro ~ v
N J UJ U N
N
m ~
N L
~ N
p~ m
N Y
~ .
N
OI
~
>
~ ~ ~
~ o ~
~ o ~ o ~ Y
W
t
N
ry
U
~
O Y
~
U
0~
~
^
r M O t0 ~ N N t0 tn 0~
O ~'~ a O [O C] M O O O
V N N N t~l t0 N V
N
T
O
~
9
I C
~
N ~ ~
I m
,'... O
2~
t0
=
m~
x
W
°
m
0.
n
v
~ O
.~
m
a
~n
~J
m
z N
?
2
~
N
m
= ~
~
~
Q
..
~U
N
3
9`
c
m`
6]
C
~
o
N
~
a
r"- q
_
S
O
N
a
=
~
s
u
J
~
c
o C
N
U
c+
~
N
~
~
~ ~ N O N N N O V h.
~ ~ a o .-
~
O O
~ O .- O N N O O
c~ ch a in m ~o m in ~n r
O . K O .- (q N O O M
V < C V <
V V C < V
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
0 0 0 0 0 0 0 0 0 0
a o 0 0 0 0 0 0 0 0
N N N N N N N N N N
O ~ N N
O O
` N N N l
~o co ~o m ~o ~ ~n ~ ia ~o
0 0 0 0 0 0 0 0 0 0
m rn o c~ a ~m m ~ m
m m m m m m m m m m
aY~~ ~~ I
~-~-' Kidde Fire Trainers sERV.__ ._: ....,
JSTOMER'S NAME
Mike Tilly PHONE NO. J.O. #
01917-0000 ( 2970) DATE OF ORDER
09/~5/2006
JOB NAME AND LOCATION
Kenai, Alaska ORDER TAKEN BY
James Gould ^ CONTRACT
^ WARRANTY
O TIME & MATERIA~ SYSTEM SERVICED
T-2000 ; O•1000;
A•2000FS; A-2000SAFT
DESCRIPTION OF PROBLEM S):
Site Evaluation
SERVICE PROVIDED:
See attached detailed evaluation report.
PARTS & MATERIALS USED
ITEM QTY. PART NUMBER/DESCRIPTION ARRIVAL: 10/3/2006
'~~ LABOR HOURS;
-~~ ~Z REG: 16.0
3 Report: 8.0
4 24.a
5 DEPART: ~o/snoos
6 TRAVE~HOURS:
7 IN; 14.0
8 OUT: ~4.0
9 28.0
JOB COMPLETED: WORK COMPLETED BY DATE COMPLETED
~, YES ^ NO (SEE REMARKS) R. BOELSCHE 10/15/2006
REMARKS:
REPORT PREPORATION TIME : 8 HRS
I hereby acknowledge the satisfactory completion of the above described work.
X
Customer's Signature
Print Name/Title Date
From: Robert Boelsche
Date: 19 October 2006
Subject: Trip Report - Kenai, Alaska Site Evaluation Oct 4 and 5, 2006
The purpose of the trip was to evaluate the condition of the Kidde Fire Trainers systems located
at the PRISM Training Center. The systems are: T-2000 Industriai Burn Building (Blue Building);
0-1000 Outdoor Props; A-2000 Fuei Spiil; A-2000 SAFT.
The evaluation consisted of a visual inspection, fireplace operation where possibie, and
information provided by the AAI/ESI staff currently operating the facility. Digital photos also have
been taken.
ESI Personnel on site were: Dave Burnett, Randy Ernst, Rick McGrady, and Bob Lee
T-2000 3 Fireplace Burn Building
Instalied 1997
• The control system is a DOS PC. Cooling fan is very noisy at startup. It quieted down
after about 10 min of operation.
• The Smoke Generators are presently using Kidde Type I fluid (Firequil Hydraulic Fluid).
The Kidde Type II fluid in use today by 95% of our sites is a mineral oil based fluid, and
is approximateiy 3 xs less then that of our Type 1 fiuid. It does, however require
modifications to the smoke generator portion of the system.
• The FHM's (Fireplace Hardware Module) still contain the Dwyer air pressure switches for
the smoke and piiot air biowers (see photo IMG 0142). We have since repiaced the
switch with a more reliable unit manufactured by Kari Dungs. The oil spray/bilge smoke
generator is currently displaying a failure of one of these switches.
. The present solid-state relays used for control of the motorized valves are Crozet relays
(see photo IMG 0142). These have since been repiaced by a more reliable relay
manufactured by HB Controls.
• The instailed diaphragm pumps are manufactured by Air Dimensions, which have been
replaced by pumps manufactured by the KnotYs Company. The new pump requires Iess
user maintenance and their rebuild kits are repiaced annually instead of biannuaily
reducing end user cost.
• Spaliing of the Padgenite panels directly behind the mockups was observed during the
inspection (See photo IMG 0138), but overall the panels are in good conditionc
• The fuel control station should be primed and painted (See photo IMG 0138)'.
• The MSA gas sensors have been reported to drift quite often. One of the sensors was
reading 37% on my arrivai. Ali sensors were calibrated in order to operate`the system.
The drifting will only get worse over time and eventuaily sensor calibration will not be
possible. The originai sensor elements are instalied and are at the end `of their usefui life.
The aged MSA gas sensors are a critical part of the safety systems pf the trainer and
SfIOU~d b@ (2p~8C0C1. ~.' 6ilomanmaalCixG
r~ L~. "Ciqi~iiny Lcpupmeu[
SY~~I I RO~--
.~ 9YS'~L~IS inc.
1£i ¢77 In7c~~~s.Tnt. ,~~~ ~Y~ItS~~~_ I
t ~ u i; ( I?t ~~e~ ~ i0ti ; CvnGl'j
PeV + V 17 ~^..Ih'.10 I,e-~1 ;~~; i~0 ~.ICti ~i ~j gg'~Y <<aCeinntinnntCocls
~i~it~idl~rttai ~"'~ A.'b./~Sanicc<
• All of the fireplaces operated ok, with the exception of the bilge smoke generator (faiied
air switch) and the kitchen smoke generator which would not maintain operating
temperature.
• One of the three control pendants is out of service and needs repair. ESI did not specify
what exactly is wrong with it.
0-1000 Oufdoors Props
• There are two 0-1000 trainers. One is a large round tank with a pilot and flame on the
top surface of the tank. This system is inoperabie, due to a failed igniter cable to the
pilot. ESI indicated that the replacement cabie is on site, but just has not been installed.
• The second 0-1000 trainer contains 3 mockups; a horizontal propane tank fire, a verticai
tank fire and a pipe fiange fire. They are aii operationai, but have various issues.
• The verticai tank simulated shutoff switch has been by passed due to a switch failure.
The horizontal tank simulated switch is still working for now, but shows evidence of heat
damage (see photo IMG 0158).
• The horizontal tank pilot assembly has the wrong thermocouple installed and is not
correctly positioned in the pilot flame (see photo IMG_0161). Therefore the temperature
controller set point has been changed from the factory setting of 600`F to 315°F to
compensate for improper positioning. The correct thermocouple shouid be instailed to
correct the operation of the trainer.
• Both systems use an Indelec actuator to control the main liquid safety shutoff valve. The
actuator closure spring does not consistently activate the proof of closure switch causing
a malfunction message to be displayed, resuiting in numerous adjustments being made
by the maintenance personnel. One of the actuators has a Ty-wrap wedged between the
cam and the switch because of probiems with the closure spring. Also the cover screws
are not instailed, to ailow easy access (see photo IMG 0167). Without the screws
installed to seal the unit corrosion will develop inside of the actuator. Kidde has since
replaced the Indelec actuator with one manufactured by Bettis.
• Inside of the control cabinet for the 3-mockup system, two of the Watlow temperature
controllers (TS2 and TS3) have cracked housings (see photo IMG 0185). These need to
be replaced. TS2 is displaying an ER4 message (see photo IMG 0185), aithough when
the pilot fiame heats up the thermocouple, it begins to read correctly. This is a
thermocoupie that is about to faii completely, and once it does wili prevent the
associated fire from operating. The thermocouple needs to be replaced (Not sure which
mockup this is for the installation drawings or the O&M manual needs to be consulted).
• Inside of the enclosures, several terminals show severe corrosion (see photo
IMG 0169). These need to be cleaned and re-terminated. Also Corrosion inhibitors
should be instailed inside of the enciosures.
• Opened several of the Worchester motorized vales to check for corrosion. These are
fine.
• One of the pendant connectors mounted on the cabinet has a broken off connector
insert. This connector needs replacement. The connector on the olher cabinet has the
locking tabs broken off (see photo IMG 0181). I would replace this connector also.
• The 0-1000 use the same Crozet relays identified previously, although 11 of the 30 totai
used in this system has been replaced with HB Controls relay„;ESI has been replacing
these as they fail, but no longer has any in their stock.
A-2000 Fuel Spiil and A-2000 SAFT (Specialized Aircraft Fire Trainer)
Instalied 1998
• The control system for these trainers is Windows 95. These are networked together with
a separate server computer where all of the common databases reside. The instructors I
spoke to ali report a tendency for the system to lock up at various points during training,
resulting in a delay in training while the computers are rebooted. Due to the age of the
hardware, new computers would be needed to run the latest version of Kidde software.
New computers would run Windows 2000 operating system.
Fuel Spili Issues
• Critical to the safe use of the trainer is the MSA gas monitor in the isolation vault, which
was removed (see photo IMG_0280). Apparently the conduit had filied with water and
having the sensor housing mounted at a lower level than the conduit, the assembiy filled
with water and shorted out. The wiring to this sensor has been by-passed in the
electronics rack. A new sensor assembly must be instailed and the jumpers removed. To
resoive the probiem, the conduit can be re-routed so any moisture collected can be
aliowed to drain away from the sensor.
• The remaining 2 sensors (1 in each of the 2 equipment bunkers) as in the burn building
are the original gas sensor elements installed and are at the end of their useful life.
. Checked inside each of the 2 equipment bunkers. The piping that passes thru the
bunker walls to the outside appear to be in good shape. The sealant used around these
pipes look to be intact. There is very littie of this nipple exposed outside of the bunkers
as it screws into a stainless steel coupiing.
• The Fuel line leak 3-D fire is not working. The valve proof of closure switch has failed.
This failure had shut down the entire pit, so it was justjumped out at the electronics rack
to enabie the rest of the trainer to operate (see photo IMG_0194 and IMG _0195). ASCO
manufactures the valve, but will no Ionger sell only the switch. The entire assembly will
need to be replaced (see photo IMG 0226).
• There have been some instances in which the individual zone valves position switches
have failed. ESI has been using the unused spare switches in each switch enclosure as
needed. A new waterproof switch is available for this application.
• The bunker covers and doors are in good shape. The cooling water flow and dispersion
looks good. The mockup looks to be in good shape.
• The fuel spili burn surface is in need of work. The elements are not remaining covered,
which over time will cause them to warp and eventually crack from excess heat (see
photo IMG_0204). There are severa~ areas where the rock has deteriorated to a mud
consistency. At some point in the next few years the rock should be replaced.
• The 3-channel radio controlied E-Stop system has been by-passed. These radios aliow
safety officers to be stationed with altemate views of the fuel spiil trainerihat the
operators in the control room may not have. Due to the age of the transmitter batteries
they no longer hoid a charge, which affects the transmission of a communication signal.
When the communication signal is missed an emergency stop occurs, halting training.
The radio controlled E-Stop can either be eliminated completely or`replaced. The
manufacturer Remtron Inc. no Ionger manufactures the specific model used at the site.
• The P~C battery light is Iit at the processor. A new battery needs to be instailed. The
system software is also backed up with an instailed EEPROM`module, which will prevent
the software from being lost.
`'"~SN:Fa^ryu~~
~ The propane pumps ali operate, although I don't know when they were last serviced.
• The vaporizer, which provides an adequate vapor propane supply for the Fuel Spill pilots
and all of the SAFT fires, has not had any service other than adding water/glycol mix as
needed. Superior Energy in Cleveland manufactures the vaporizer. Superior Energy can
aiso service the Corkin Propane pumps.
SAFT issues
• The same items identified in the burn buiiding are also applicabie here.
• Smoke Generators are Type1 Fluid (Firequil Hydraulic Fluid).
. The FHM's (Fireplace Hardware Module) still contain the Dwyer air pressure switches for
the smoke and pilot air biowers. A more reliabie Dungs pressure switch is available. Two
of the four smoke generators were not working, probabiy due to failed blower airfiow
switches. The baggage fireplace was observed to have the switch by-passed with a
jumper wire (see photo IMG 0263).
• The taii engine firepiace would achieve pilot. Message at the computer was airflow
failure - not sure if it is due to the old switch as the pilot air blower did not sound very
good.
• The Crozet solid-state relays for the motor vaive controls are still at this site. The wing
engine fireplace would not light due to the main vaive being stuck in the open position,
which is usualiy the result of a failed relay.
• The oid style diaphragm pumps are instalied i~ the trainer. A new pump as noted eariier
has replaced this pump.
• All of the pendants need some buibs.
• The overhead instrument panel switches have been by-passed (see photo IMG 0275).
The cockpit junction box is corroded from water inside of the box (see photo IMG 0277).
• The galley door switch is not working. The flame is on regardless of the door position.
• The cabin fire was ok
• The lavatory fire had an agent sensor lock on preventing the main fiame. That is just an
adjustment of the sensor, but it is hidden behind a panel that is not the easily accessed.
• The wheel brake fire is ok, but the noise canon only seems to fire every other time.
• The APU door switches stick due to dirt and corrosion around the switches and the siot
thru the mockup.
• The smoke damper motors have ali been disconnected in the open positions, due to
excessive malfunctions (see photo IMG 0220). The adjustment of the motors to the
dampers probably has siipped out of alignment.
Summary and Recommendations '
At a minimum:
• All MSA gas sensor elements must be replaced and calibrated (9 places in the burn
building, 4 in the SAFT, 2 in the Fuel Spill bunkers), plus rep~acement of the entire
assembly in the Fuel Isolation vauit. All are critical safety items when operating the
trainers.
. A through preventative ! corrective maintenance during which all malfunctioning items
identified in this report are replaced or upgraded, new spark igniters and flame rods
instailed, new filters installed as necessary, and a general cleanup especialiy around the
SAFT equipment shed.
• Recommend that a person is dedicated to maintaining the trainers to insure up time.
. Recommend that Kidde Fire Trainers conduct operation and maintenance training for
new personnel hired operate and maintain the trainers.
Additional Items:
• At some point the computers for the SAFT, Fuel Spill, and Burn Building should be
upgraded.
• At some point in the next few years the Fuel Spill rock will need replacing.
• Recommend that the smoke generators be upgraded to use Kidde Type II Fluid. Kidde
can provide Fluid MSDS sheets for review.
• Wireless controllers for the SAFT firepiaces. In particular, the cabin fire.
• The Radio E-stops can be upgraded if desired.
• A cargo firepiace can be added in the rear area of the SAFT.
„~'lla e wit~t a P` : ~ '
.~ _
~~,~~ ~,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~~~
„ ~._. Telephone: 907-283-7535 / FAX: 907-283-3014 ~~I~~~
- ,99z
\ tl~eu~of
KENA~ SKA
M~~ •
TO: City Council
/~~ FROM: Rick Koch, City Manager
" DATE: November 1, 2006
SUBJECT: PRISM, Props Condition Survey, Agenda Item Info-8
The purpose of this memorandum is to provide addifional infonnation regarding the
above referenced information ifem contained in your packet.
Today we received from Kidde Fire Trainers a price lisY for all the replacement
components/equipmenC for the items identified in their condition report dated October 19,
2006. They also included a quotation for labor cosYs for three of the items in their
condition report.
Items four and f fteen shown on the ICenai Parts Requirements page of the attached quote
are not items thaT must be accomplished to ensure safety and health, or for the facility to
be Pully operational. The combined cost for fhese fwo items is $ 66,699.00.
I consider the coildition of the remainder of the items to be caused by normal "wear and
tear", therefore not the responsibiliYy of ESUAAI. These items need to be addressed prior
Yo/in conjunction with the State of Alaska taldng over operationai responsibility far T]1e
facility.
We will explore using local contractors for fhe installatioil af the components/equipment.
I esti~nate the total cost for matenal and labor to accomplish this work to be $ 25,000 to
$ 30,000. I will bring inore detailed cost data to the next regularly scheduled Council
meeting.
Thauk you for your attention in this matter.
attaclnnent
~~ s a ..~sa .~,,... ...
~4,. ~~ . ~~~~ ~~~~~~~~ ...
1 November 2006
Via E-maii: mtillv(a?ci.kena't.ak.us
Referto: P06001-JG-06-451
City of Kenai Fire Department
210 Fidaigo Ave.
Kenai, AK 99611
Attention: Michael Tilly, Fire Chief
Subject: Kenai ARRFT Training Facility Pricing
Dear Chief Tiliy:
Kidde Fire Trainers is pleased to provide pricing for the recommended parts Bob Boelsche
found needing replacement during his visit.
We are providing a preliminary price list and budgetary labor pricing for you to discuss at your
council meeting this evening. I will provide a more detail list to correspond to our inspection
report later this evening.
The three items I have in bold type should be performed by a Kidde Fire Trainers Technician.
The budgetary price for Kidde to conduct the instailation of those items is $14,000.00. Airfare
will be charged at cost. The price indicated for the computer system includes all cost related to
the installation, integration, testing and training.
If you have any questions, or if we may be of further assistance, please do not hesitate to
contact the undersigned at (201) 300-8100, extensions 302.
Very truly yours,
Kidde Fire Trainers
~~ ~~~
James Gouid
Customer Service Manager
I{I 9N I i r ~~rain~ r5, lnC.
1ir'rui~ ~:or~r :y is~l ~~t Y(71-3a0-39t;4
tl rt ~ie~N~) Glf~t:-1E7t': ~3x<.~i ~J ;0`;-81G"
vdv r k ~fete;;t'.CC~rts
~ IoECUis[io~nol.I=ire
C7rq~; T«u~tipg Ec).ui~ment
SYtyi I`RO .N.
~ s~~s~i~~, us ~„~ .
~YNI I'12p1v.--
f C'int6H
~f lmcwntlVnal Cnde
~ ~ ~$ fisrMmes
Kenai Parts Requirements
item Part Number Description Quantity
1 HBC-326-2 Relay 10
46012-
2 2
46012-
3 5
4 4A1-005-054
5 3R1-003-263
6 487817
7 473693
EM-SR5F-10-C4-
8 02-307
9 A-HCI10E
10 2A1-003-572
11 1 R1-002-063
W LNJ-
12 TS
13 2C1-003-478
14 1770-XYC
Computer
15 Upgrade
Pressure Switch 5
Pressure Switch 7
Smoke Generator
Upgrade 7
Diaphragm Pump 4
MSA Gas Monitor Assy. 1
SensorHead 14
Bettis Actuator 1
Corrosion Inhibitor 10
Blower 1
PM Kit 2
Switch 1
Asco Vaive POC 1
Battery 2
Price
$ 51.00
$ 83.00
$ 59.00
$ 3,100.00
$ 457.00
$ 1,283.00
$ 880.00
$ 2,166.00
$ 10.00
$ 499.00
$ 470.00
$ 1.00
$ 761.00
$ 52.00
Total
$ 510.00
$ 415.00
$ 413.00
$ 21,700.00
$ 1,828.00
$ 1,283.00
$ 12,320.00
~ 2,166.00
$ 100.00
$ 499.00
$ 940.00
$ 1.00
$ 761.00
$ 104.00
~ 44,999.00
$ 88,039.00
Department of Revenue State of Alaska o
Tax Division, Gaming Group 2006 Gdming Permit Applicatio
POBox110420 AS05_15.090 ~ ~"~~'.~.^~'?e<~---
~eau, AK 99811-0420 ~ :. ---~ ~ . , :: „ ~
~
kphone 907.4652320 .. .
~
~ Thk form is a/so aveilable on fhe /ntemet at www.taxstate.ak.us/forms.asp ~~ (+u E~~ `~~~' ` {
ORGANIZATION INFORMATION ~ ; y
Pederai Empioyer ldentificadon Number (EIN) Permit Number .,,,
,
92-0162358 ~ n~~
2391 ~- A
' [~ 6 FNd 4/~~la
. ~
Organization's Name Telephone Number ~~
Kenai River Guides Association Inc. 907-262-5097
Mailinq Adtlress ~ Fax Number
P.O. Box 3674
~~~Y SWte ZipCode E-MailAdtlress
Soldotna AK 99669
71'PE OF ORGANIZATION. (Check one box. For deFlnitions see AS 05.15.690 antl 15 AAC 160.995.)
[~Charitable Fratemal
^
~ Police or Fire Department
~Civic or Service ~ Labor ~ Poliiical
~Dog Mushers Association ~Municipality ~Religious
~Educational ~NonProfitTradeAssociation ~Veterans
~FishingDerbyAssociation ~OutboardMotorAssociation ~IRA/NativeVillage
~ UCOrporation ~Partnership ~Association I
PERSONS IN CHARGE OF GAMES. Persons musl be actrve members of the organ¢ation, or an empioyee of the municipafiry, antl designated by the
organization. Persons may not be licensed as an operator. vendor. or emolovee ~f a vendnr
I Primary Member's First Name M.I. Primary Member's Las[ Name Aiternate Member's First Name ~ M.I. Aiternate Member's Last Name
mte G Roberts Jer E Strieb
~a~ Sewrity Number Dayfime Telephone Number
P.O. Box 1106 P.O. Box 1396
City ~ State Zip Code City State Zip Cotle
Soldotna AK 99669 Soldotna AK 99669
Has the primary member taken and passed the test? ~Yes ^NO Has the alternate member taken and passed the test7 ~Yes ~No
Permit number underwhich lhe lest was taken:_ ## p391 Permit number under which the test was take¢_ p391
THESEQUESTIONSMUSTBEANSWERE~. (Seeinstrudions.) ~~
~ Yes ~ No Has any member of mana8ement or any person who is responsible for gaming activiUes ever been convicted of a felony,
eMOrtion, or a violation of a law or ortlinance of this state or anolherjuristlic
ement or any person wbo is responsible for gaming acGvities have a prohibited conflict of
interest as defned by 15 AAC 160.9549
We dec(a(e under penalty of unswom falsification, that we have examrned fhis application, including any atfachments, and fhat to the
best ofourknowiedge and belief, it rs true and complete. We understand that any fa/se sfatement made on this application orany
atiar.hmwnte ic nunichnhl< hv in~.. ~
Prima or Ait nate Mem er's ignatur Printed Name Date
Monte G. Roberts lv ?S` D~
Pr sident or Vice•PresidenYs Signature (See instructions.) Printed Name Date
C
~ ~
Steve McClure
7r~~~~~A
i ne permi[ tee is naseq on 2005 estimated ross receipts Make Checks Payabie to the State of A
~ $D - $20,000 = $20.00 ~ $20,001 - $100,000 = $50 ~ $t 00,001 ot mO~e = $100
..:.,.o copies of this application must be sent to all applicable municipalities
and boroughs. ,
See instructions for mandatory attachments.
Form 04-826 Application Front (Rev 09/05) Page 1
2006 Gaming Permit Application
OrganizeUOn Name - Permit Num6er
Kenai River Guides Association, Inc. 2391
. ,~~~ ~~~ ~ ~„r~a,~~~e „~~ ~~~~~e„~~~ ~ .~,,
~ Bingo ~ Dog Musher's Contast ~ Race Classic ~ Animal Classic (Chicken)
~ RaHlas ~ ~ ~ Pish Der6ies ~ Rein Classic ~ Calcuqa Pooi •
~ Pull-Tabs ~ Goose Ciassic ~ Saimon Classic ~ Crane Classic
~ Coniest of Skiil ~ ice Classic ~ Snow Mechine Classic
~ Canned Salmon Cfassic ~ King Saimon Classic ~ Soecial Draw RafFle •
~ Deep Freeza Classic ~ Mercury Classic ~ Animai Classic (Rat Race) • See Check List
ACTIVITIES CONOUCTED BY ORGANIZATION
Pacillty Name Ph sicai Adtlress ~ Game Type(s) Is Facillty
~ Owned
~Leased
Raffle tickets will be sold by Kenai River Professional Guide Association, If1C. ~DOnaled
QOwnatl
~Leasetl
Members within Kenai Peninsula Borou h, Cit of Kenai Cit of Soldotna. Drawin will ^Donatetl
~ Owned
~leased
occur at Ruben's in Kenai, AK. ~oonated
^ownea
~leased
~Donated
MANAGER OF GAMES. As defined in 75 AAC 1fi0.995 antl 75 AAC 160,365. Qf you have requestetl self-direded permits for bingo or
oul4fabe above. vou must annninf e munaner antl cmm~iw~n ~ho infnrmo~inn hcin~u i
Manager's First Name
N/A M.I. Manager's Last Name Social Security Number Daytime Telephone Number
Home Mailing Address City ~ Stete 2ip Cotle
Has tha Manager of Games faken and passed the testl ~Yes ~ NO Permit number underwhich ihe test was faken:_ 2391
ACTIVITIES CONDUCTED BY VENDOR. (PUII-tabs are tha only games a vendor can conductJ Vendorregistretion antl fee must be attached.
Name of Vendor Physical Address ~
N/A
DEDICATION OF NET PROCEEDS. The organization must use the nat pmceetls from gaming activities tor political, educetional, civ'ic, public,
charitable, patnotic or religlous uses in Alaska. (See statutas and regulations for specific ruias.) in the space provided, tell how your
Net proceeds will be dedicated to Kenai River Sportfishing Association, Inc., an Alaskan Non-Profit Corporation,
recognized by the Internal Revenue Service as a tax-exempt charity under Section 501(c)(3) of the Internal
Revenue Code. This type of donation is authorized by the Kenai River Professional Guide Association, Inc.
Articles of incorporation, Section 4, and 1020.011(13).
Form 04-826 (Rev 09l05) Back
AGENDA
~ ~NAI CITY COUNCIL - REGULAR MEETING
~ . NOVEMBER 7, 2006
y'r.:~ 7:00 P.M.
~ y~ KENAI CITY COUNCiI CHAMBERS
aexai.ams~n htto:!/www.ci.kenai.ak.us
U
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Maya Johnson -- Request for Funding/Attend 4-H National Congress
ITEM E: PUBI.IC HEARINGS
1. Ordinance No. 2194-2006 -- Authorizing the Sale of Approximateiy
14.784 Acres at Lot A, Baron Park Subdivision, 2006 Repiat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
2. Ordinance No. 2195-2006 - Amending the Kenai Municipal Code at
KMC 14.22.010 (Land Use Table) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as
a Secondary Use in the Central Mixed Use Zone and Providing for a
DeflniYlon of "Secondary Use."
3. Ordinance No. 2196-2006 -- Amending KMC 1420240(c) by Adopting
Mobile Home Standards for Mobile Home Parks Within the City of
Kenai.
4. Resolution No. 2006-58 -- Adopting an Aiternative Allocation Method
for the FY07 Shared Fisheries Business Tax Program and Certifying
that this Allocation Method Fairly ftepresents the Distribution of
Significant Effects of Fisheries Business Activity in Cook Inlet.
5. Resolution No. 2006-59 -- Adopting the City of Kenai Capital
Improvemenis Pian Priority List Fiscal Year 2007-2012 as the Official
Six-Year Capitai improvements Pian for the Ciry of Kenai.
6. Resolution No. 2006-60 -- Canceling the Existing McCollum/Aliak
Drives Local Improvement District and Initiating a New Local
Improvement District Entitled, "MCCollum-Ailak-Japonski Local
Improvement District."
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
1. Bills to be Ratified
2. Approvai of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2197-2006 -- Amending KMC 320.020 and KMC
3.05.700 to Provide Dog Licenses are Effective for Three Years and
Setting ihe License Fees.
4. *Ordinance No. 2198-2006 -- increasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional
Services.
5. `Ordinance No. 2199-2006 -- Increasing Estimated Revenues and
Appropriations by $16,400 in the General Fund for a Homeland
Security Grant.
6. `Ordinance No. 2200-2006 -- Repealing the Existing Title 22 of the
Kenai Municipal Code and Replacing it Wit a New Title 22 Entitled,
"General Fund Lands."
7. ELECTION OF VICE MAYOR
8. Discussion -- Assignment of Commission/Committee Liaisons
9. Discussion -- Reschedule Juiy 4, 2007 Council Meeting
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 Fidaigo Avenue, or visit our
website at htto:/lwww.ci.kenai.ak.us.
Carol L. Freas, City Cierk D266/21 t