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HomeMy WebLinkAbout2006-08-02 Council PacketAGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 2, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htti)://www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Penny Carty, Salamatof Native Association -- Proposed Development/±6 Acres- Marathon Road. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS 1. Ordinance No. 2175-2006 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant. 2. Ordinance No. 2176-2006 -- Increasing Estimated Revenues and Appropriations by $17,187.05 in the General Fund for an Alaska Highway Safety Program Grant. 3. Ordinance No. 2177-2006 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Police Training. 4. Ordinance No. 2178-2006 -- Finding That Certain City -Owned Land, Described as Tract A, Park View Subdivision (Parcel No. 04701018), Consisting of 2.092 Acres and Shown on the Attached Map, is Required for a Public Purpose. 5. Resolution No. 2006-42 -- Approving a Contract to Zubeck, Inc. for the Project Entitled Kenai Maintenance Shop Sewer Extension - 2006 for the Total Amount of $58,136.70. 6. Resolution No. 2006-43 -- Rejecting All Bids for the Project Entitled Kenai Soccer Park Construction -- 2006. Resolution No. 2006-44 -- Rejecting All Bids for the Project Entitled Leif Hansen Park Sprinklers -- 2006. 8. Resolution No. 2006-45 -- Transferring $80,000 in the Airport Shop Site Remediation Capital Project Fund. 9. Resolution No. 2006-46 -- Transferring $75,000 in the Wellhouse 4 Capital Project Fund From Construction to Engineering. ITEM F: MINUTES *Regular Meeting of July 19, 2006. ITEM G: UNFINISHED BUSINESS i Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2179-2006 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Airport Fund to Purchase Fire Training Props and Equipment. 4. *Ordinance No. 2180-2006 -- Repealing the Existing KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Lands), KMC 21.15 (Provisions Required) and KMC 21.20 (Policy Governing Modification of Existing Leases), and Replacing Them With KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land Outside of the Airport Reserve). 5. Approval -- Lease Application -- Lot 2, Block 1, General Aviation Apron Sub. # 1, Amended - Indcom Properties, LLC (Kenneth Dunbar) 6. Approval -- Lease Applications - Lots 9, 10, and 11, Block 1, F.B.O. Subdivision - Indcom Properties, LLC (Kenneth Dunbar). 7. Approval -- Amendments to City of Kenai Mini -Grant Overview/ Procedures. 8. Discussion -- Identification of Priorities for $322,000 Legislative Alaska Department of Commerce & Community Economic Development Grant Funding. 9. Discussion -- Proposed Statewide Anti -Methamphetamine Abuse Education Campaign. 10. Discussion -- Extension of Construction Schedule/Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park -- David and Michael Schilling, d/b/a Schilling Rentals. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Stranded Gas ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT AUGUST 2, 2006 REGULAR COUNCIL MEETING Requests for amendments to the agenda: SUBSTITUTE: E-9, Resolution No. 2006-46 (Substitute) -- Transferring $75.000 in the Wellhouse 4 Capital Project Fund From Construction to Engineering. FINANCE ADD AT: K-3 -- Council Member Cliff Massie letter of resignation. CITY CLERK None. CONSENT AGENDA 10 F. Ys) lt** 9 W a$] 7i Y COUNCIL MEETING OF: I ba f_ ((� M S v LKRUSE-N ROSS �Q MOLLOY I IBOYLE I ori (PORTER I MOORE I !0 SWARNER I 1p I I I S V I KRUSEN f� ROSS I MOLLOY I ,raj I I BOYLEI r I I PORTER I 7Af I I MOORE I /,/ I SWARNER I /, / I I r/f M S V KR S N I fil ROSS MOLLOY I I BOYLE I I� EPORTER r MOORE SWARNER I I I J I I i ie Page I of M S V ROSS MOLLOY ( if BOYLE I I 64 PORTER IMOORE I SWARNER I I G9 I I i I I f-, /7l -,2tW, M S I V ROSS I MOLLOY ( r BOYLE I PORTER MOORE ( ! SWARNER M S V ROSS MOLLOY I BOYLE IPORTER IMOORE SWARNER MAaSLF. -I COUNCIL MEETING OF: Fl-IOfo Page -W of '5 I`a,1-7;'-,,Qr,?�h M S v ROSS MOLLOY I BOYLE I I 114 PORTER ( I " /A/ MOORE IBJ SWARNER 1 7 n Igor G S V ROSS MOLLOY I BOYLE I 14 / (PORTER I f I MOORE G I SWARNER f% V--U"vz- -y M S V I t ROSS f MOLLOY I I BOYLE ! Gt I I PORTER G> I I MOORE I / I SWARNER I ( I F— - -I M S v ROSS c1 MOLLOY j G BOYLE f (PORTER / f I MOORE I I I SWARNER I I 17 G Ifo C f, S V ROSS MOLLOY // I (BOYLE f PORTER 7Z4 I MOORE I SWARNER ! Gt I Ik)- M S V ROSS I MOLLOYGj BOYLE G9 I PORTER f I MOORE ,r I SWARNER I 1 `J /� COUNCIL MEETING OF: /����, /� {p MAX'/f 1 M S V v ROSS ROSS MOLLOY MOLLOY BOYLE BOYLE PORTER PORTER MOORE MOORE N; SWARNER 14j--,� Are M KRUSEN ROSS MOLLOY BOYLE PORTER MOORE SWARNER I !� M S v ROSS 1 Gt MOLLOY l BOYLE PORTER MOORE N; SWARNER G� I� Page of --,5 I M S v I CROSS MOLLOY �BOYLE PORTER IMOORE SWARNER M S V U _ ROSS MOLLOY �BOYLE PORTER IMOORE SWARNER M S I V KgWaE ROSS MOLLOY BOYLE PORTER MOORE SWARNER 8/2/06 Council Meeting Telephonic Participation: Mike Boyle Ronald McDonald House 513040th Avenue, NE Seattle, WA 98105 KENAI CITY COUNCIL MEETING AUGUST 2, 2006 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 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: Rick Ross Pat Porter, Mayor A quorum was present. Robert Molloy Mike Boyle (telephonically) Joe Moore, Vice Mayor Linda Swarner Also present: Les Krusen, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted the following changes to the agenda: SUBSTITUTE: E-9, Resolution No. 2006-46 (Substitute) -- Transferring $75,000 in the Wellhouse 4 Capital Project Fund From Construction to Engineering. ADD AT: K-3 -- Council Member Cliff Massie letter of resignation. REMOVE: H-7 -- Approval -- Amendments to City of Kenai Mini -Grant Overview/Procedures. Bring back August 16, 2006. MOTION: Council Member Moore MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. Verbatim Begins: A-4. CONSENT AGENDA PARTIAL VERBATIM KENAI CITY COUNCIL MEETING AUGUST 2, 2006 PAGE 2 Porter: Council we have before us the consent agenda. Pleasure of council. Council Member Swarner. Swarner: Thank you. Move for approval of the consent agenda and ask for unanimous consent. Boyle: Ah, 1 have an objection. Clerk: You need a second. Porter: Okay. Excuse me, we need a second first. Moore: I'll second. Porter: It's been moved and seconded and Councilman Boyle. Boyle: Yes, I would like to, excuse me. I lost my place. I'm sorry. I would like to remove Ordinance 2180 dash 2006 from the consent agenda. In fact, I actually, I would, would a, I move to remove Ordinance 2180-2006 from the agenda. Porter: From the agenda totally? Boyle: Yes ma'am. Porter: What would like have happen to it? Boyle: I would like to postpone this till a later time after which some more time has been given to study it and um, to look at, to make comparisons to this with the recommendations from the Airport Commission and how it aligns with recommendations of the airport study, in the area of boundaries, airport reserve. Porter: Okay, could you hold on just a second Councilman Boyle? Um, we've already approved the agenda's been approved. This is the consent agenda, so he's asking to remove it from the consent agenda with a postponement? Clerk: You have a motion on the floor already to approve it. Porter: To approve it? Clerk: Um-hmm. Porter: Councilman Ross. Ross: I take it Councilman Boyle wants to amend the motion on the floor of that. PARTIAL VERBATIM KENAI CITY COUNCIL MEETING AUGUST 2, 2006 PAGE 3 Porter: Okay, Councilman Boyle, is that what you wish to do, amend the motion? Boyle: Yes, thank you Councilman Ross. Yes, I would like to move to amend the motion to remove Ordinance No. 2180-2006 from the agenda. Porter: Is there a second? Molloy: I'll second it for discussion purposes. Porter: Okay, council we have before us an amendment for the consent agenda to remove Ordinance No. 2180-2006. Councilman Boyle, would you like to speak to that? Boyle: As I mentioned before, I don't think this ordinance aligns itself with recommendations of the Airport Commission nor with the recommendations of the study that we hired out, the airport study in regard to, specifically, in regard to the boundaries of the airport reserve and the sale on the lease of that land. And, I think that what I would prefer, what I would like to see happen to this is to have it sent back to administration to re-evaluate those but also to come up after the point which, perhaps even to the point when we have a full council since we're missing the seventh member of the council at this point. Porter: Councilman Boyle, we will not have a full council until after October. Boyle: That is correct. I don't... Porter: Okay. Boyle: ...I don't necessarily see that as a huge hurry that it get done in the next two or three weeks if, if it's the best interest of the community is being served by voting. Porter: Thank you, Councilman Ross Ross: I'm going to vote no on the amended motion. This is on the consent agenda. It's scheduled for public hearing in two weeks. Many of the questions that Councilman Boyle has raised should be more properly addressed in public hearing. This ordinance has come to us after it's been through the KEDS committee, and after it's been through Planning & Zoning, after it's been through Airport Commission and all of those groups can and are invited to be hear for the public hearing in two weeks. I see no reason to take it off the consent agenda and not have it for public hearing. If our questions are not answered at that time, that might be an appropriate time to postpone, but I don't see this as the appropriate time. PARTIAL VERBATIM KENAI CITY COUNCIL MEETING AUGUST 2, 2006 PAGE 4 Porter: Thank you. Any other comments from council? Councilwoman Swarner Swarner: Thank you Madam Mayor. I too agree with Councilman Ross that at the next meeting when it's up for public hearing would be a more appropriate time to ask for a postponement if questions haven't been answered... Porter: Okay thank -you. Any other... Swarner: ...and I appreci... and I do appreciate Councilman Boyle's concerns of the changes that have been made and how it, you know, does relate to current things. Porter: Any other questions or comments from council? Councilman Molloy. Molloy: Ph, thank you Mayor Porter. I share a, the concerns about the ordinance and there's a lot of information and material in the ordinance and there's only two weeks ahead of the time for discussion. I know I'm going to have some questions at the public hearing and I, I think there may be more than one public hearing that would be necessary, you know, before we have all the information we need to vote. So, looking ahead, I think that I would concur that more than two weeks may be necessary cause this is, you know, making some major revisions, but I, I do think that there should be more than one public hearing. Thank you. Porter: Councilman Moore. Moore: Thank you Mayor Porter. Is R possible to have, at this point, schedule two public hearings for this ordinance or are we stuck with our scheduled introduction and public hearing? Porter: Mr. Graves Graves: We've had multiple public hearings on other ordinances Moore: Right, but we scheduled them... Graves: ...right at the next meeting, the public hearing, the council could debate, take public comment, and then schedule another public hearing following. We've had as many as three public hearings in the past year on ordinances for ... the council can continue to have public hearings until they're satisfied that your questions and the public questions have been answered. Moore: Okay, I think that's, that's the route I would prefer rather than removing this item from the agenda completely because I, you know, this has been a long, a long process, and I, I for one council person, have been anxious to implement these, these things and I need, I need to look at them, I plan on looking them closely in the next PARTIAL VERBATIM KENAI CITY COUNCIL MEETING AUGUST 2, 2006 PAGE 5 two weeks. I say we leave it on the agenda. Have a public hearing at the next meeting and if we need to continue the hearing, we'll do it. Porter: Any other comments from council? Clerk please call the roll. Clerk: This is on the amendment. Mr. Krusen? Krusen: What exactly... Porter: You are voting to remove this from the consent agenda. Krusen: Okay. No. Clerk: Ross? Ross: No. Clerk: Molloy? Molloy: No. Clerk: Boyle? Boyle: Yes. .,.CIn. Purici: Porter: No. Clerk: Moore? Moore: No. Clerk: Swarner? Swarner: No. Clerk: Motion failed. Porter: Thank you. You now have before you the consent agenda as presented. Molloy: I have a question, a procedural question. Wasn't that to remove it from the agenda altogether? Porter: Yes. PARTIAL VERBATIM KENAI CITY COUNCIL MEETING AUGUST 2, 2006 PAGE 6 Graves: Yes. Molloy: So, it's still on the agenda. Porter: It's still on the agenda. Molloy: ...and, Porter: Yes, Councilman Molloy. Molloy: No, thank you. You answered my question. Porter: Okay Clerk, would you please call the roll. Clerk: Krusen? Krusen: Yes. Clerk: Ross? Ross: Yes. Clerk: Molloy? Molloy: Yes. Clerk: Boyle? Boyle: No. Clerk: Porter? Porter: Yes. Clerk: Moore? Moore: Yes. Clerk: Swarner? Swarner: Yes. END OF VERBATIM. PARTIAL VERBATIM KENAI CITY COUNCIL MEETING AUGUST 2, 2006 PAGE 7 Prepared and submitted by: Carol L. Freers, City Clerk cs ON SALAMA70F OFFICES VkAA(,ALA6KAKpB Co. im.'al-tv .. --,a-e-.( a 9a 6�4 (�y�� 77& 61p2 viaW FKC;t"TVle4j /a'.I=o° SA.L.AMf,TOF QFFIGP- 7?Up.DIN& 7)4o(ab N 4'1� f v - BGa � 1%7 Ig F q=F 9ip Jo +t7 leo Iao t3o l \ { F TErtP�N�C -7 ccfJF \�cfF i '�JDO yGp IoI�W7 Q �7�, PKES. r Orr 12J i (t' L-' .,r - or eFo e ...,....�_a,.r isj P,1500 SA,(,..AN(ATOF OFFIGE- OuL-Plt,C KL.A PW, i Co T5T-FLCOW— PLAN Ytv'>f-o° 712gOr. - ATI � EfIr I az. C-'� - llFF, Prr 61 OFF, 4E 8ZI OFF ZIFF, 4m 4AF IF 12z 2NI2 Fl—oe::4Z FLAH V4,'=V—a OCHe"NT6, Gqw Suggested by: Administr Fs NO. 2175-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,250 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the State of Alaska has provided a Public Library Assistance grant in the amount of $6,250; and, WHEREAS, the grant will be used to purchase books and for staff training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants 6 25 Increase Appropriations: Library — Books $5,000 - Transportation 1.250 6 250 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August, 2006. ATTEST: Carol L. Freas, City Clerk Approved by Finance:__ (07/06/2006) hl PAT PORTER, MAYOR Introduced: July 19, 2006 Adopted: August 2, 2006 Effective: August 2, 2006 Suggested by: Admin: CSF AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $17,187.05 IN THE GENERAL FUND FOR AN ALASKA HIGHWAY SAFETY PROGRAM GRANT. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs; and, WHEREAS, in May of 2006, the AHSO awarded the Kenai Police Department $25,200 in police overtime wages to work DUI and Seatbelt overtime patrols from May 2006 to January 2007; and, WHEREAS, Kenai Police Officers have worked extra patrols totaling $8,012.95 in AHSO overtime for the months of May and June of 2006, and reimbursement funds have been requested from AHSO; and, WHEREAS, $17,187.05 of anticipated overtime remains of the original $25,200 awarded to the City of Kenai from AHSO; and, WHEREAS it is in the best interest of the City of Kenai to appropriate these funds for the stated purpose of the 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 Fund Increase Estimated Revenues: State Grants $17,187.05 Increase Appropriations: Police - Overtime $17,187.05 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August, 2006. ATTEST: Carol L. Freas, City Clerk Approved by Finance:_ (07/06/2006) hl PAT PORTER, MAYOR Introduced: July 19, 2006 Adopted: August 2, 2006 Effective: August 2, 2006 Suggested by: Administr CITY OF KENAI If) ZA IN r � AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,500 IN THE GENERAL FUND FOR POLICE TRAINING. WHEREAS, the City has received $2,500 from the Alaska Police Standards Council for police training; and, WHEREAS, these funds will allow for additional officers to receive police related training throughout FY2007; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its police officers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Revenue $2,500 Increase Appropriations: Police — Transportation & Training $2,500 PASSED BY THE COUNCIL IL OF THF. CITY OF K_F,NAT, ALASKA, this second flay of August, 2006. ATTEST: Carol L. Freas, City Clerk Approved by Finance: AM (07/10/2006) hl PAT PORTER, MAYOR Introduced: July 19, 2006 Adopted: August 2, 2006 Effective: August 2, 2006 E4 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY -OWNED LAND, DESCRIBED AS TRACT A, PARK VIEW SUBDIVISION (PARCEL NO. 04701018), CONSISTING OF 2.092 ACRES AND SHOWN ON THE ATTACHED MAP, IS REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai acquired property in 1967 (from a State of Alaska patent) identified as Tract A, Park View Subdivision (Parcel No. 04701018); and, WHEREAS, Ordinance No. 919-84 found that the property was not required for a public purpose and be made available for lease or sale: and, WHEREAS, the City recently received a request to purchase the property; and, WHEREAS, because Ordinance No. 919-84 determined the property was not needed for a public purpose over 20 years ago, the City Manager requested that the Parks and Recreation Commission and the Planning and the Zoning Commission give recommendations so that Council can re -determine whether or not the property is needed, or not needed, for a public purpose; and, WHEREAS, the unanimous recommendation of the Parks and Recreation Commission was that the property be retained for public purpose and the reasons cited included its proximity to the beach, Municipal Park and the little league fields, and, additionally, the property could be used for other designated CIby use, i.e. iifuseum, ovei low pMriw,g lot for the dip net fishery, or a future park; and, WHEREAS, the Kenai Planning and Zoning Commission voted 3 to 2 to retain the property for a public purpose: and, WHEREAS, KMC 22.05.050 provides for the dedication of lands for a public purpose if so determined by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City -owned land, described as Tract A, Park View Subdivision, (Parcel No. 04701018), consisting of 2.092 acres is required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 51h day of August, 2006. PAT PORTER, MAYOR .VU -0 -M Carol L. Freas, City Clerk Introduced: July 19, 2006 Adopted: August 5, 2006 Effective: September 5, 2006 Attachments Approved by Finance: (7/13/2006)kh 0 MI the ca#of /� KENALALASKA "Village wdk a Past, C# wA a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 1I 1 www.ci.kenai.ak.us Date: July 13, 2006 P -To: Rick R. Koch, City Manager From: Kim Howard, Assistant to City Manager oy RE: Tract A, Park View Subdivision (Parcel #04701018) We have received a request to purchase Tract A, Park View Subdivision. The property consists of 2.092 acres and is adjacent to South Spruce Street. A vicinity map is attached. KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in I. - the judgment o uic City Council, such laud's are not required id's a public purpose. viuivauw No. 919-84 allowing the sale was passed by Council and was effective on April 7, 1984. A sale was never finalized. (A sale would be by competitive bid at not less than the fair market value.) Given that the Council determined the property was not needed for a public purpose over 20 years ago, you asked for the Commissions' recommendations so that Council can re -determine whether or not the property is needed, or not needed, for a public purpose. Those recommendations are attached. KMC 22.05.050 (a) states, "Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall contain the public use for which said property is to be dedicated, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location." Attached is an ordinance for introduction stating the property is needed for a public purpose for Council consideration. Cc: Janie Odgers Attachments rim Suggested by: Administration CITY OF KENAI THE CITY OF KENAI, ALASKA, FINDING `r,/ ORDINANCE NO. 919-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING `r,/ THAT CERTAIN CITY -OWNED LANDS ARE NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the Kenai Advisory Parks & Recreation Commission later WHEREAS, KMC 22.05.010, .030, and .050 requires that the Council shall determine whether certain City -owned properties are needed WHEREAS, this City -owned tract was subdivided for the sole for a public purpose, and �. KiDW, THEREFORE,BE TT ORDAINED BY THF rn11NrIL OF THE CITY OF WHEREAS, the disposition or sale of such lands shall be made only upon finding that said property is not needed for a public purpose, and WHEREAS, an application for purchase has been received by the City for a specific tract previously dedicated for park and recreation use, and WHEREAS, the Kenai Advisory Parks & Recreation Commission later recommended that this property was not needed for park and recreational purposes, and WHEREAS, this City -owned tract was subdivided for the sole purpose of disposition or sale to interested parties. �. KiDW, THEREFORE,BE TT ORDAINED BY THF rn11NrIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: The described City -owned land is not needed for a public purpose and is available for lease or sale: 9 Tract A, Park View Subdivision y PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 1984. CTO WAGON , MAY��� y ATTEST: it t Whelan, City Cierk First Reading: February 15, 1984 Second Reading: March 7, 1984 Effective Date: April 7, 1984 I I J FIRST AVE jl L Legend — Water Lines Sewer Lines Kenai Little LeagueFields Kenai Care Center Subject Property f — C- /� 1 des Women's Resource Center j "Village with a Past, C# with a Future" ;[ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 A Telephone: 907-283-75351 FAX: 907-283-3014 1992 me elft' n/ KEHASKA TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administrator � THRU: Jack La Shot, Public Works ManagerLJ.;� DATE: July 13, 2006 // SUBJECT: Tract A, Park View Subdivision At their meeting on July 12, 2006, the Planning and Zoning Commission voted 3 to 2 to retain the above -referenced property for a public purpose. The discussion included the following comments/concerns: • Concurrence with Parks & Recreation Commission's recommendation. ® Noted the parcel has significant value and possibly should be sold. • Noted need for additional parking during dip net season. • Noted that it is unlikely the City will be able to obtain additional permits to fill areas for parking on the beach. Concern that with the Kenai Care Center and Women's Resource Center in the area that a public use may not be appropriate. Concern that Mr. Evenson's access to his property may be compromised if the parcel is sold. 0 Commented that the City has a significant number of parks. ,^ J "Village wick a Past, C# with a Future" bjftd ;�,_ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 i� f Telephone: 907-283-7535 / FAX: 907-283-3014 1992 Med#yVf KENAI. ALASKA TO: Marilyn Kebschull, Planning Administrator FROM: Robert J. Frates, Parks and Recreation Direct r' DATE: July 12, 2006 SUBJECT: Tract A, Park View Subdivision At their last regular scheduled meeting of Thursday, July 6th, the Parks and Recreation Commission recommended that the above -referenced property be retained for a public purpose. Reasons cited included its proximity to the beach, Municipal Park and the little league fields. Additionally, the property could be used for other designated city use, i.e. museum; overflow parking for dip net fishery, or a future park. Suggested by: Administration CITY OF KENAI • •k k• I1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO ZUBECK, INC. FOR THE PROJECT ENTITLED KENAI MAINTENANCE SHOP SEWER EXTENSION - 2006 FOR THE TOTAL AMOUNT OF $58,136.70. WHEREAS, the following bids were received on July 26, 2006: Bidder Basic Bid Zubeck, Inc. $58,136.70 Peninsula Construction, Inc. $69,176.90 Engineer's Estimate $69,296.47 ;and, WHEREAS, Zubeck, Inc.`s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Zubeck, Inc. for the total cost of $58,136.70; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Kenai Maintenance Shop Sewer Extension - 2006 be awarded to Zubeck, Inc. for the total amount of $58,136.70. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: A_ Wince-Corthell-Bryson P.O. Box 1041 - Kenai, Alaska 99611 Ph. 907-283-4672 Fax 907-283-4676 July 27. 2006 City of Kenai Public Works Department 210 Fidalgo Av. Suite 200 Kenai, AK 99611 Attention: Jack La Shot lJUL 2 7 2006 CITY OF KENAI PUBLIC WORKS DEPA.RTMEM Subject: Kenai Maintenance Shop Sewer Extension 2006 Recommendation of Award On July 26, 2006, at 2 PM the city opened bids received for this project. Two bids were received: 1. Zubeck, Inc. $55,136.70 2. Peninsula Construction, Inc. $69,196.90 The apparent low bidder is Zubeck Construction. In a review of bid tabs and amounts, Peninsula Construction's was found to be correct. Zubeck had the following mistakes: 1. Bid Item 50.03(A) Construct Type A Manhole <I0', 2 each. Zubeck made an error calculating the extension, having bid $5,000 each, written and in figures, and stating the total for two was $5,000. Corrected, it should total $10,000. 2. "Zubeck also miss -calculated the TOTAL BID. Corrected, and including the manhole error, Zubeck's bid should total: Zubeck, Inc. $58,136.70 These mistakes do not affect the intent or responsiveness of the bid. Zubeck, Inc. is the low bidder and the bid falls below and within a reasonable range of the engineer's estimated cost. On the basis of the bid tabs and price, I recommend the City award Zubeck, Inc. the contract. Please contact our office with any questions or comments. Sincerely, Pat Daly, P. E. Wince-Corthell-Bryson Consulting Engineers (PROJECT NO: 06-001 FILE NAME: 06001 EST PROJECTNAME: CITY OF KENAI DATE: 71261" MAINTENANCE FACILITY SEWER IMPROVEMENTS 2006 BID OPENING _ ITEM NO I DESCRIPTION 1007 REMOVE & REPLACE EXISTING ASPHALT SURFACING, CLASS "C- 5002(6) 1FURNISH& INSTALL 6• SEWER PIPED I P OR HDPE) 50 (DIA) 'CONSTRUCT TYPE A MANHOLE <IV 5005 CONNECT TO EXISTING MANHOLE 50.10 SANITARY SEWER SERVICE CONNECTION(4-DA P. OR HDPE) 50 II REMOVE EXISTING SEPTIC TANK 5502 CONSTRUCTION SURVEYING x'1008 SALVAGE EXISTING TANK k 09 (EXISTING UTILITIES IN CONSTRUCTION ZONE 100 10 MISCELLANEOUS GRADING 1779�0 11 WATER LINE ENCASEMENT r10 20 MOBILIZATION & DEMOBILIZATION TOTAL BID UNITS SY LF EACH EACH LF EACH LS EACH LS CS EACH L S_ NO UNITS I UNIT COSI' 45 $ 4705 2 I 2757 I 1 21 1'I 1�I 5556 S 6057 2,70000 3," M 5440 800 00 LSM M 700 M 500 W 5,000011 i 7M M 5,000 W 1 INC. TOTAL 11 UNIT COSY TOTAL 2,50020 28,498 19 5,40000 3,00000 14,%808 BMW LIM 00 L400 W 500 W 5,000 M 7W W 5 (MI6 0 S 69,296.47 UNI!COS I 45W E 4500 S 55 M S 2,475 00 S 3000 S i4,115W 3,500 UU 1 5,00000 •Si0,01X1,W 1 3,50000 S 3,50000 5 000 00 3100 S 8,54670 6,500001 S 1,50000 $ 1,50000 2,000 00 S 2," M L" 0 $ 2'"M 1,5Woo $ 1500001' S,OWW S s,WoM11 1,5M W E L5W W lI 6VM00 S 6000M11 _ $ 58,136.711 I TAB READ SSIIIMI M 4,20000 S 25MM S 101 Al 025 00 11.17250 , 8,400 00 1 2,500 W 42W S 11,57940 2,00000 S 2,00000 3,50(100 S 3,500 UU 1 1000 W S 2,000 0n 2,500001$ 2,50000 5,000 W 1 E 5 000 00 2,000 W) S 2,000 00 6,500001 S 6,50000 S 69,17690 f�7 Suggested by: Administration CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REJECTING ALL BIDS FOR THE PROJECT ENTITLED KENAI SOCCER PARK CONSTRUCTION - 2006. WHEREAS, the following bids were received on July 26, 2006: Total Basic Bid and Reductive Deductive Bidder Basic Bid Alternate Alternate Foster Construction, Inc. $484.000.00 ($103,000.00) $381,000.00 Twin Peaks Construction, Inc. $441,800.00 1 ($72,000.00) $369,800.00 Engineer's Estimate $303,500.00 ($50,000.00) $253,500.00 ;and, WHEREAS, all bids are significantly in excess of the engineer's estimate and available funds; and, WHEREAS, the City Administration will re -bid the project with additional alternates when the bids might be more favorable; and, WHEREAS, the recommendation from City Administration is to reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that all bids for the project entitled Kenai Soccer Park Construction - 2006 be rejected. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: s 4 "Village with a Past, C# wtiyl' i. Future" ;`- 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us t/xeutyaf KENA\ SKA MEMORANDUM To: City Council From: Rick Koch, City Manager Date: July 28, 2006 Subject: Kenai Soccer Park Construction - 2006 The purpose of this correspondence is to recommend that all bids received for the construction of the above referenced project be rejected, and the project re -bid in March 2007. This project was unable to go to bid until the schedule for the Airport Improvements Project was determined, since topsoil and peat from the airport project is incorporated in the soccer field construction. AS a result Of the delays dia the al of i project, regardless of whether a CORLIa.Ct IOr construction of the soccer fields is awarded in August of 2006, or March of 2007, the fields will not be ready to support a state soccer tournament scheduled to be held in Kenai late in the summer of 2007. Bidding the project in March of 2007 will take advantage of a more competitive bidding environment, and also provide the opportunity to explore additional funding alternatives if necessary. Thank you for your attention in this matter. There remains $ 281,000 of dedicated project funding C� Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2006-44 A RESOLUTIONI OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REJECTING ALL BIDS FOR THE PROJECT ENTITLED LEIF HANSEN PARK SPRINKLERS - 2006. WHEREAS, the following bid was received on July 26, 2006: Bidder Basic Bid Colton Underground Sprinklers $79,728.00 ;and, WHEREAS, the bid is significantly in excess of the funds available; and, WHEREAS, the State of Alaska has given the City communication that the Right -of - Way Encroachment Permit for the sprinklers will be denied; and, WHEREAS, the City will seek other alternatives to permitting and construction; and, WHEREAS, the recommendation from City Administration is to reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that all bids for the project entitled Leif Hansen Park Sprinklers - 2006 be rejected. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Suggested by: Admaustration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $80,000 IN THE AIRPORT SHOP SITE REMEDIATION CAPITAL PROJECT FUND. WHEREAS, the City of Kenai has been awarded a grant for the Airport Shop Site Remediation Project which includes sewer line extensions; and, WHEREAS, funds are available for transfer from the Engineering to the Construction account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airoort Shoo Site Remediation Capital Proiect Fund From: Engineering To: Construction PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (07/28/2006) hl Suggested by: Administrauon CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $75,000 IN THE WELLHOUSE 4 CAPITAL PROJECT FUND FROM CONSTRUCTION TO ENGINEERING. WHEREAS, the engineering account budget for the Wellhouse 4 Capital Project Fund is not sufficient to cover anticipated engineering costs; and, WHEREAS, funds are available in the construction account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Wellhouse 4 Cavital Proiect Fund From: Engineering To: Construction $75,000 $75,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August 2006. ATTEST: Carol L. Freas, City Clerk Approved by Finance: Au (07/28/2006) jl SUBSTITUTE Suggested by: Administration •: It I FWRTkT• c • A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $75,000 IN THE WELLHOUSE 4 CAPITAL PROJECT FUND FROM CONSTRUCTION TO ENGINEERING. WHEREAS, the engineering account budget for the Wellhouse 4 Capital Project Fund is not sufficient to cover anticipated engineering costs; and, WHEREAS, funds are available in the construction account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Wellhouse 4 Capital Proiect Fund From: Construction $75,000 To: Engineering $75,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (07/28/2006) hl ff AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 13, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httD://www.ei.kenai.ak.us ITEM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Mayor Porter -- Introduction of Guests/Russian Far East/Alaska City Links Program Exchange. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) e, • • • ; • • : ���: '• il�Z•7�yw:yiT•7:���hZK•Iil��•jiiC� ITEM E: PUBLIC HEARINGS Ordinance No. 2168-2006 -- Amending KMC 1. 15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting, was postponed to June 21, 2006 with recommended revisions to the July 5, 2006 meeting. Ordinance No. 2168-2006 was postponed at the July 5, 2006 meeting to July 19, 2006. The motion to adopt is active and on the,floor. If it is the intention to adopt a substitute, a motion to adopt a substitute is required.) a. Substitute A, Ordinance No. 2168-2006 -- Amending KMC 1. 15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. b. Substitute B, Ordinance No. 2168-2006 -- Amending KMC 1. 15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Thirty -Six (36) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. 2. Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2171-2006 received a motion to adopt at the July 5, 2006 Council Meeting and was postponed to July 19, 2006. The motion to adopt is active and on the floor. If it is the intention to approve the substitute, a motion to adopt the substitute is required.) a. Substitute Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $8,654,232 in the Runway Safety Area Improvements Capital Project Fund. 3. Ordinance No. 2172-2006 -- Adding Local Amendments to the International Building Code, 2003 Edition (KMC 4.05.015) and the International Residential Code, 2003 Edition. (KMC 4.32.015) By Including a Provision in Each Stating that Building Permits Expire Two (2) Years After the Date of Issuance Unless an Extension is Granted by the Building Official. 4. Ordinance No. 2173-2006 -- Amending the Kenai Zoning Code at KMC 14.20 150 to Prevent the Same or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning and Zoning Commission More Than Once in Any Nine Month Period. 5. Ordinance No. 2174-2006 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited "Junk" and "Litter" Under the City Code. 6. Resolution No. 2006-38 -- Transferring $10,000 in the General Fund to Purchase a Copier for the Police Department. 7. Resolution No. 2006-39 -- Approving a Contract to QAP for the Project Entitled, "Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, & Lighting 2006-2007" for the Total Amount of 4,977,920.00. 8. Resolution No. 2006-40 -- Designating Department Assistant II Jenifer Lockwood As Deputy City Clerk. 9. Resolution No. 2006-41 -- Rejecting All Bids for the Project Entitled, "Set Net Drive LID -- 2006 - VIP Drive to Watergate Way." ITEM F: MINUTES 1. *Regular Meeting of July 5, 2006. 2. *6/27/06 Council/Library Commission Work Session Notes. ITEM G: UNFINISHED BUSINESS Approval - Assignment of Lease, Lot 1, Block 1, Gusty Subdivision a. Assignment of Lease/Edward A. Ferguson to Sun Sims b. Amendment to Lease/Updating Insurance Requirements, Use and Rent Escalation Clause (Clerk's Note: The Assignment of Lease, Lot 1, Block 1, Gusty Subdivision received a motion to approve at the July 5, 2006 Council Meeting and was subsequently postponed to July 19, 2006. The motion to approve is active and on the floor. A motion to amend will be required to approve proposed revisions to the Amendment to Lease.) 2. Discussion -- Bryan Lowe Request 3. Discussion -- Proposed Library Expansion Sites Update ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2175-2006 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant. 4. *Ordinance No. 2176-2006 -- Increasing Estimated Revenues and Appropriations by $17,187.05 in the General Fund for an Alaska Highway Safety Program Grant. 5. *Ordinance No. 2177-2006 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Police Training. 6. *Ordinance No. 2178-2006 -- Finding that Certain City -Owned Land, Described as Tract A, Park View Subdivision (Parcel No. 04701018), Consisting of 2.092 Acres and Shown on the Attached Map, is Required for a Public Purpose. 7. Approval -- Authorizing the City Manager to Execute an Underground Easement Across City -Owned Tideland and Uplands for the Purposes of Installation of Fiber -Optic Communication Cables. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Comtnission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Evaluation of City Clerk. ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JULY 13, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htti)://www.ei.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at apprwdmately 7:00 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. The City Clerk took roll. Present were: Rick Ross Pat Porter, Mayor Absent was: Cliff Massie A quorum was present. Robert Molloy Mike Boyle Joe Moore, Vice Mayor Linda Swarner Also present: Les Krusen, Student Representative A-3. AGENDA APPROVAL IN ca" (6)� it Council Member Moore MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA if'r�iTi 1� (8)t Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENIE KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 2 Mayor Porter -- Introduction of Guests/Russian Far East/Alaska City Links Program Exchange. Mayor Porter introduced Alexander V. Andryukhm, Boishoy Kamen Institute of Economics and Technologies and Nina Vladimirovna Kovtun, Director of the Economic Department of Administration of the City Region of Closed Administrative Territories Formation of Foundation who were participating in an exchange through the Russian Far East/Alaska City Links Program. Porter explained the City and Economic Development District were working with the group to assist them in developing a business incubator in Boishoy Kamen, Russia. ITEM C: UNSCHEDULED PUBLIC COMMENTS Dale Sandahl, 4560 Kenaitze Court, Kenai -- Sandahl commented on Ordinance No. 2168-2006, noting telephonic attendance of meetings is not new and is legal; membership participation is better if more members are present in person or telephonically: emergency situations could happen to any council members and there is no certainty to duration of illnesses, etc. that could occur and should be taken into consideration: and, discussed potential misuse of the ordinance, noting he believed it was not addressed in the ordinance, however if it becomes an issue, it could be corrected at election time. Sandahl added, close consideration should be given to numbers of times and when telephonic participation may be used. ITEM D: REPORTS OF KPS ASSEMBLY-. LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2168-2006 -- Amending KMC 1. 15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting, was postponed to June 21, 2006 with recommended revisions to the July 5, 2006 meeting. Ordinance No. 2168-2006 was postponed at the July 5, 2006 meeting to July 19, 2006. The motion to adopt is active and on the floor. If it is the intention to adopt a substitute, a motion to adopt a substitute is required.) E -la. Substitute A, Ordinance No. 2168-2006 -- Amending KMC 1. 15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 3 MOTION: Council Member Molloy MOVED to adopt Substitute A. Ordinance No. 2168-2006 and Council Member Boyle SECONDED the motion. Attorney Graves offered an explanation of the differences between the three versions of the ordinance, noting the initial inclusion allowing for telephonic participation of two council meetings a year was approved in October, 2005. • Ordinance No. 2168-2006 would allow an additional six meetings (to the current two meetings) to be telephonically attended in a twelve-month period. Substitute A would add a provision that, after attending a meeting telephonically, the council member would be required to attend a meeting in person before attending telephonically again. ® Substitute B would extend the amount of time over which one could attend the six meetings to be 36 months and would require a member to be physically present at one meeting after having attended a meeting telephonically before attending another meeting telephonically and would sunset the ordinance provision after three years. Bob Peters, Old Town, Kenai -- Asked what the cost would be to the city in allowing the telephonic participation. Mayor Porter answered, the cost is absorbed by the council member participating telephonically. Kristine Schmidt, 513 Ash Avenue, Kenai -- Referring to federal law, Schmidt stated she believed the city should allow family leave for elected officials, the ordinance should not be watered down, make it unworkable (which she believed Substitute B would do), and if the ordinance is abused it can be fixed when there is a problem. E -lb. Substitute B, Ordinance No. 2168-2006 -- Amending KMC 1. 15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Thirty -Six (36) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. aJ) t01 tO}t`N 11i7:;'i I *I rA Council Member Ross MOVED to amend by substituting Substitute B, Ordinance No. 2168-2006 and Council Member Moore SECONDED the motion. Comments of council included: KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 4 • Council Member Swarner stated her concerns with allowing a 36 -month period and preferred adding two meetings during a twelve-month period and the 36 - month scenario would add clerical work. • Council Member Ross noted, Substitute B would allow eight meetings in one year or in a three-year period. • Council Member Boyle stated he believed the council has a duty and responsibility to the constituents to allow their representatives to be available, either telephonically or in person. He added, he believed Substitute B would water down the ordinance. • Council Member Molloy stated he believed Substitute B would water down the ordinance and would not accomplish the original intent, i.e. to allow the member to be more effective in representing the public during a period' exceptional circumstances. He added, he has faith in council members the privilege would not be abused, however if it would happen, the electorate would correct the problem. • Council Member Moore stated concerns related to participating telephonically is poor at best; receiving important lay -down materials prior to a meeting can be difficult; and felt being prepared for a meeting, i.e. being in the community, attending work sessions, prior meetings, etc. is also very important. Moore added, he was hesitant to support the ordinance. • Swamer stated, whether the current ordinance is amended or not, the system for providing lay down information, etc., needs to be improved. • Ross noted he received comments from constituents who were opposed to the ordinance in either form and he would reluctantly support Substitute B and would not support Substitute A. He noted, Substitute B would provide six to eight months in which a person could participate and maintain the seat, allowing being absent for half a year. • Boyle noted, he believed by passing the ordinance would allow a member to attend telephonically six additional meetings a year due to exceptional circumstances. • Student Representative Krusen stated he believed the council was there to represent the voters who elected them and he believed either of the ordinance versions would allow the public to be represented more often. He noted his preference of the ordinance as Substitute A. *Student Representative Krusen: No Massie Absent I Ross Yes I Molloy No Boyle No I Porter Yes Moore No Swamer I No I I KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 5 Council Member Swarner MOVED to amend the title of Substitute A and the third "Whereas," changing the number of additional meetings from six to two (allowing telephonic participation up to four meetings). Council Member Moore SECONDED the motion. Comments of council included: • Ross asked if it was Swarner's intention to amend Paragraph "O" to say two instead of six meetings in a twelve-month period? Swarner answered yes. It was noted, correspondingly, the rest of the ordinance would be amended as well to indicate a total of four meetings in a twelve-month period. VOTE ON AMENDMENT (SWARNER): *Student Representative Krusen: No Massie Absent Boyle No Swarner Yes MOTION TO AMEND: Ross I Yes Porter Yes I Molloy No Moore Yes Council Member Molloy MOVED to delete the last two sentences from Subsection "0" and Council Member Moore SECONDED the motion. Molloy explained, he was requesting to delete the words "A Council Member may not attend two consecutive meetings by teleconference under this section. After attending a meeting by teleconference under this section, a Council Member must attend a meeting in person before that Council Member is entitled to attend telephonically again under this section." Molloy noted, the goal is to help out an extended care/treatment situation and if a member is limited to two, it would be beneficial to be able to do two in a row telephonically. *Student Representative Krusen: Yes Massie Absent Ross Boyle Yes Porter I Swarner Yes Yes Molloy I Yes Yes Moore I No KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 6 l • • *Student Representative Krusen: Yes Massie l Absent I Ross Yes Mollov Yes Bovie I Yes Porter Yes Moore No Swarner I Yes MOTION PASSED. E-2. Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2171-2006 received a motion to adopt at the July 5, 2006 Council Meeting and was postponed to July 19, 2006. The motion to adopt is active and on the floor. If it is the intention to approve the substitute, a motion to adopt the substitute is required.) E 2a. S81141stit7lte vrdinana,c N�. 2i7iivv6 -- Increasing Estimated Reveriites and Appropriations by $8,654,232 in the Runway Safety Area Improvements Capital Project Fund. ETT•IffMO�V Council Member Swarner MOVED to approve the substitute to the Ordinance No. 2171-2006 identified as E -2a. Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Yes Massie Absent I Ross Boyle YesI Porter Swarner Yes Yes Molloy IYes Yes Moore I Yes KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 7 E-3. Ordinance No. 2172-2006 -- Adding Local Amendments to the International Building Code, 2003 Edition (KMC 4.05.015) and the International Residential Code, 2003 Edition, (KMC 4.32.015) By Including a Provision in Each Stating that Building Permits Expire Two (2) Years After the Date of Issuance Unless an Extension is Granted by the Building Official. MOTION: Council Member Molloy MOVED to adopt Ordinance No. 2172-2006 and Council Member Swarner SECONDED the motion. There were no public comments. Administration noted there are several building permits which have been active for a number of years; the new requirement would be for new permits after the effective date of the ordinance: the older permits would be grandfathered in; permits will be able to be extended in 180 -day periods. VOTE: `Student Representative Krusen: Yes Massie Absent Ross Yes Mollov Yes Bovie Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2173-2006 -- Amending the Kenai Zoning Code at KMC 14.20.150 to Prevent the Same or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning and Zoning Commission More Than Once in Any Nine Month Period. Council Member Moore MOVED for adoption of Ordinance No. 2173-2006 and Council There were no public comments. Attorney Graves explained the reason for a nine month period of time as a similar nine-month provision exists for variances and was selected for consistency. Discussion followed related to if an applicant could re -file after a Board of Adjustment finding is made, with subsequent information causing a legitimate reason for re -filing KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 8 and what would be a substantial difference in a subsequent application to allow re- filing before the nine-month period. VOTE: *Student Representative Krusen. Yes Massie Absent Ross Yes Molloy I Yes Bovle Yes Porter No Moore Yes Swarner Yes MOTION PASSED. E-5. Ordinance No. 2174-2006 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited "Junk" and "Litter" Under the City Code. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2174-2006. With the lack of a second, the motion died. No action was taken E-6. Resolution No. 2006-38 -- Transferring $10,000 in the General Fund to Purchase a Copier for the Police Department. MOTION: Council Member Ross MOVED for adoption of Resolution No. 2006-38. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT, There were no public or council comments. +ILY0 There were no objections. SO ORDERED. E-7. Resolution No. 2006-39 -- Approving a Contract to QAP for the Project Entitled, "Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, & Lighting 2006-2007' for the Total Amount of 4,977,920.00. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 9 Council Member Swamer MOVED for approval of Resolution No. 2006-39 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no public comments. Administration indicated dirt should begin to be moved to Section 36 within 30-45 days. VOTE: There were no objections. SO ORDERED. E-8. Resolution No. 2006-40 -- Designating Department Assistant II Jenifer Lockwood As Deputy City Clerk. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2006-40 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-8. Resolution No. 2006-41 -- Rejecting All Bids for the Project Entitled, "Set Net Drive LID -- 2006 - VIP Drive to Watergate Way." MOTION: Council Member Molloy MOVED to approve Resolution No. 2006-41. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of July 5, 2006 -- Approved by consent agenda. F-2. *6/27/06 Council/Library Conunission Work Session Notes -- Approved by consent agenda. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 10 G-1. Approval - Assignment of Lease, Lot 1, Block 1, Gusty Subdivision G -1a. Assignment of Lease/Edward A. Ferguson to Sun Sims G -lb. Amendment to Lease/Updating Insurance Requirements, Use and Rent Escalation Clause (Clerk's Note: The Assignment of Lease, Lot 1, Block 1, Gusty Subdivision received a motion to approve at the July 5, 2006 Council Meeting and was subsequently postponed to July 19, 2006. The motion to approve is active and on the floor. A motion to amend will be required to approve proposed revisions to the Amendment to Lease.) MOTION: Council Member Moore MOVED to amend the Assignment of Lease as outlined by administration and Council Member Swarner SECONDED the motion. Administration indicated the applicant had no objections to the addition of the standard five-year rent escalation clause being added to the amendment. VOTE: There were no objections. SO ORDERED. G-2. Discussion -- Bryan Lowe Request City Manager Koch reviewed his memorandum included in the packet related to the roadway surfacing used by the developer in the Dena'ina Point Estates/St. Augustine Addition. Koch stated he wished to rescind his earlier direction as he believed Mr. Lowe had been under the assumption from information he received from city personnel, the method he used for development of the roadway had been approved. He added, it would be unfair to Lowe to require a different method at this point. Koch also noted other items needing to be completed, including creation of engineer drawings; an as -built indicating traffic control, drainage, etc.; modifications to the plat to indicate the correct street names; hydro -seeding of the city property he had disturbed, etc. Koch reported Lowe had agreed to do all the items and understands all the items will need the city's approval. A brief discussion took place related to development of guidelines for new subdivisions and general agreement to hold a work session sometime in the fall for that purpose. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 11 Council stated no objections to City Manager Koch's rescinding his earlier decision on the materials used/formation of the roadway. A brief discussion followed related to the earlier damage done to the city bluff property. Koch reported the city assessed a price and Lowe paid the amount. Council also requested a discussion of how Lowe intends to enforce no access to the beach across city property from his subdivision be included on the August 2 council meeting agenda. Administration was requested to furnish diagrams, etc. as back-up information. G-3. Discussion -- Proposed Library Expansion Sites Update Koch referred to information in the packet and reported the following: • Discussions are continuing with state representatives related to the availability of the old courthouse. He added, no one he had talked with stated interest in malting the building available for the city's use. • Discussions with Carr -Gottstein related to the availability of a portion of the old mall were ongoing. • There is a possibility sufficient parking could be provided at the existing site with a change in design of the parking lot. Koch suggested a scientific survey be taken of city residents with questions related to the library, roadway standards, snow removal, etc. and requested council members to for -ward gIACJt1VttJ tV lllldl l.ilat Could be lllcluded in Me sua J^cy. `Nlicther to Include a bond on the October ballot or not was also discussed, however it was suggested information from a survey would indicate how citizens feel about a number of issues and allow better planning for bond issues to consider. Administration was requested to bring a plan back to council related to performing a survey. F.M.BREAK TAKEN: 8:23 BACK TO r= • ITEM H: NEW BUSINESS 113 f•3fli 1SR Council Member Molloy MOVED to ratify the bills. Council Member Swamer SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 12 H-2. Approval of Purchase Orders Exceeding $15,000 • a Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council. Member Moore SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2175-2006 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant. Introduced by consent agenda. H-4. Ordinance No. 2176-2006 -- Increasing Estimated Revenues and Appropriations by $17,187.05 in the General Fund for an Alaska Highway Safety Program Grant. Introduced by consent agenda. H-5. Ordinance No. 2177-2006 -- Increasing Estimated Revenues and Appropriations by $2.500 in the General Fund for Police Training. Introduced by consent agenda. H-6. Ordinance No. 2178-2006 -- Finding that Certain City -Owned Land, Described as Tract A, Park View Subdivision (Parcel No. 04701018), Consisting of 2.092 Acres and Shown on the Attached Map, is Required for a Public Purpose. Introduced by consent agenda. H-7. Approval -- Authorizing the City Manager to Execute an Underground Easement Across City -Owned Tideland and Uplands for the Purposes of Installation of Fiber -Optic Communication Cables. Koch referred to the draft easement agreement included in the packet and reviewed the information, i.e. an easement is needed across the city tidelands in order for Kodiak Kenai Cable Company, LLC to install underground cabling for telecommunications and electrical purposes with yearly payment to the city of $800. A brief discussion followed. Concern was expressed that language be added to ensure the cable will be moved, at Kodiak Kenai Cable Company's expense, if a city project requires it to be moved, i.e. bluff erosion project, etc. Koch also noted, the term would be 25 years and the right to a five year extension for the grantee. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 13 Council stated no objection to the easement agreement with the additional language and terms discussed. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the next meeting as August 3, 2006. I-2. Airport Commission -- Council Member Swarner reported the July 13, 2006 meeting summary was included in the packet. I-3. Harbor Commission -- Public Works Manager Kornelis reported there was no quorum available for the July 10, 2006 meeting. The next meeting is scheduled for August 7, 2006. I-4. Library Commission -- Council Member Molloy reported on actions taken at the July 11 Library Commission meeting, including discussion related to a proposed expansion and code/library regulation updates. I-5. Parks & Recreation Commission -- Council Member Moore reported the July 6, 2006 meeting summary was included in the packet and noted the Commission discussed the thinning of trees in front of the Challenger Center, the October marathon, and offered a recommendation related to Tract A, Park View Subdivision. I-6. Planning & Zoning Commission -- Council Member Ross reviewed actions taken at the July 12, 2006 Commission meeting, including the approval of two plats and a recommendation related to Tract A. Park View Subdivision. I-7. Miscellaneous Commissions and Committees I -7a. Beautification Committee -- Swarner reviewed the July 11, 2006 meeting summary. Mayor Porter reported she met with Swarner and Chair Dimmick during the previous week as well. I -7b. Alaska Municipal League Report -- Swarner noted the summer legislative meeting would be held in Homer August 10, 11, and 12. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • Requested the Parks & Recreation Commission members tour the city parks and note improvements needing to be made. There were no objections stated by council. • She would like to investigate placing an arch across Main Street entering into the Old Town area with an appropriate welcome included in it. Comments included it should be discussed at budget time; a cost had not yet been determined; KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 14 and, placing such a sign in that area may help to develop the area for tourism. There were no objections stated to pursue the idea. • Reported Industry Appreciation Day picnic is scheduled for August 26. • She assisted in the Kenai Classic event and it went very well. • She attended the reception for the Alaska Biotech group. ITEM K: ADMINISTRATION REPORTS K -l. City Manager -- City Manager Koch reported the following: • He and representatives of the Public Works Department would be meeting with representatives of the Department of Transportation and discuss upcoming plans, i.e. maintenance of the bike path. etc. • He met with Commissioner Sandusky related to PRISM building/program. He will meet with the representatives of NANA Corporation as well. • A petition for paving of Angler Drive was received and appeared to be sufficient. He would be discussing several proposed assessment districts with council over the next several meetings. • Information related to the airport reserve will be brought to council at its next meeting. • Millennium Park soccer field would be hydro -seeded in the next several days. • Representative Olson's office called to correct a previous statement, i.e. the Boys & Girls Club was awarded a $40.000 grant which was actually $10,000. Swamer requested the building permit report include the name of the applicant of building permits. Council stated no objections to the report. K-2. Attorney -- Attorney Graves reported ordinances to amend the airport reserve boundary would be brought forward at the next council meeting. K-3. City Clerk -- City Clerk Freas reported candidate petition packages for the October 3, 2006 would be available in her office from August 1-15, 2006. ITEM L: DISCUSSION L-1. Citizens -- Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Requested the city impress upon the Department of Transportation to include in its plan for the upgrade of Kalifomsky Beach Road, the need for a turning lane onto Cannery Road, beautification at that comer, and development of a bike trail or safety lane to that area. Joan Bennett -Schrader, P.O. Bos 1264, Kenai -- Noted the following: KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 15 Was happy to hear the discussion related to a proposed library expansion. • Suggested comparing findings from the proposed survey with comments made during the forum held several years ago. • Questioned the airport runway expansion and Koch explained the project would not change the alignment of the runway. Bob Peters, Old Town, Kenai -- Noted the following: • Believed it would be better to advertise the attributes of the city instead of placing an arch into Old Town. • Concerned with current visitors and future visitors touring Old Town and not adhering to the authorized parking areas available. Requested the city enforce the "unauthorized parking' rules, people walking up and down the bluff, etc. U2. Council -- Moore -- Complimented Council Member Swamer and those assisting her in the dinner held for the Russian visitors. Swarner -- Noted the following: • Thanked those helping her and those who attended the dinner for the Russian visitors. • She would be preparing a $10,000 grant request application for the library for her inter -governmental research class and requested a letter of support or resolution be prepared to include with the grant application. Concern was stated related to whether an award of grant would require a contribution from the city. Swamer stated if there would be contribution, it would probably be 10%. There were no objections stated. Krusen -- Reported August 2 would be his last meeting. Ross -- Reported the July 14 Stranded Gas meeting had been cancelled. Molloy -- Thanked Swamer and others for their involvement in preparing the meal for the Russian visitors. Boyle -- No comments. EXECUTIVE SESSION -- Evaluation of City Clerk. Council Member Moore MOVED to convene in an executive session of the council of the City of Kenai, concerning matters that could prejudice the reputation and KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 16 character of another, the annual evaluation of the City Clerk. Council Member Molloy SECONDED the motion. VOTE: Massie Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner I Yes COUNCIL CONVENED TO EXECUTIVE SESSION: 9:24 P.M. BACK TO ORDER: 10:23 P.M. Council Member Moore reported the council met in executive session to conduct the annual evaluation of the City Clerk. The City Clerk received a positive evaluation. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:24 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: AUGUST 2, 2006 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ICMA 457 PLAN JULY 457 PLAN VARIOUS LIABILITY 24,230.65 PREMERA BLUE CROSS AUGUST MEDICAL INSURANCE VARIOUS HEALTH INSURANCE 113,302.99 BROWN AGENCY INSURANCE NON -DEPARTMENTAL INSURANCE 476,602.50 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT EffecL Int. ra PURCH.._ _ ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPRU-. L COUNCIL MEETING OF: AUGUST 2, 2006 VENDOR DESCRIPTION BOYS R GIRLS CLUB FY SERVICES MIKUNDA COTTRELL AUDIT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT RECREATION PROF. SERVICES 125,000.00 LEGISLATIVE PROF. SERVICES 25,000.00 P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT li l� Suggested by: Adnwnsuauon CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $250,000 IN THE AIRPORT FUND TO PURCHASE FIRE TRAINING PROPS AND EQUIPMENT. WHEREAS, the City of Kenai owns the Alaska Regional Aircraft Fire Training Center; and, WHEREAS, the current lessee, AAI Services Corporation, has notified the City that the lease and management/ operations agreement will not be renewed and has offered to sell the City certain fire training props and equipment located on the site for $250,000; and, WHEREAS, since there is no other vendor which could offer these fire training props and equipment, sole source purchasing is in the best interest of the City; and, WHEREAS, it is in the best interest of the City to purchase these props and equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section l: Estimated revenues and appropriations be increased as follows: Airvoi LL Fund Increase Estimated Revenues: Appropriation of Fund Balance $250,000 Increase Appropriations: Building and Equipment $250,000 Section 2: The City Manager is authorized to execute an agreement to purchase fire training props and equipment located at the Alaska Regional Aircraft Fire Training Center from AAI Services Corporation. Ordinance No. 2179-2006 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of August, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 2, 2006 Adopted: August 16, 2006 Effective: August 16, 2006 Approved by Finance: (07/27/2006) hl Suggested by: Administration CITY OF KENAI Qs g -111P#1- AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING THE EXISTING KMC 21.05 (AIRPORT ADMINISTRATION AND OPERATION), KMC 2 1. 10 (LEASING OF AIRPORT LANDS), KMC 21.15 (PROVISIONS REQUIRED) AND KMC 21.20 (POLICY GOVERNING MODIFICATION OF EXISTING LEASES), AND REPLACING THEM WITH KMC 21.05 (AIRPORT ADMINISTRATION AND OPERATION), KMC 2 1. 10 (LEASING OF AIRPORT RESERVE LANDS) AND KMC 21.15 (LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPORT RESERVE). WHEREAS, the City of Kenai has undertaken a Supplemental Airport Master Plan process in which a comprehensive review of city policies regarding the use, lease and sale of airport lands was completed: and, WHEREAS. numerous public hearings were held during the process. including meetings with the Kenai City Council, Airport Commission, Planning and Zoning Comrission, the Kenai Economic Development Strategies group, and members of the public, in order to increase public comment and participation during the process: and, WHEREAS, it is in the best interest of the City of Kenai to create an Airport Reserve and modernize the leasing provisions regarding Airport Reserve land and to prohibit land sales within the reserve: and. WHEREAS, it is in the best interest of the City of Kenai to modernize its leasing procedures for airport Iand outside the Airport Reserve and to eliminate the ability of new lessees to have the vested right to purchase the leased property once the proper iv's development plan has been completed: and. WHEREAS, there may be instances where it is in the best interest of the City of Kenai to sell or convey some airport property outside of the Airport Reserve; and, WHEREAS, it is not the intent of this ordinance to alter or amend existing leases during their original terms: and, WHEREAS, extensions or renewals of existing leases not governed by the terms of that lease shall be processed according to the provisions of this ordinance, and, WHEREAS, it is in the best interest of the City of Kenai to enact the new policies and procedures as shown in Attachments A, B and C. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: KMC 21.05, 21.10, 21.15 and 21.20 are hereby repealed and KMC 21.05. 2 1. 10 and 21.15 as shown on Attachments A. B and C are hereby enacted. Ordinance No. 2180-2006 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA. this 16f day of August, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 2, 2006 Adopted: August 16. 2006 Effective: September 16. 2006 (7/27/06 sp) Title 21 KENAI MUNICIPAL AIRPORT AND THE AIRPORT RESERVE Chapters: 21.05 Airport Administration and Operation 21.10 Leasing of Airport Reserve Lands 21.15 Leasing of Non -Airport Reserve Lands 21.20 Airport Commission Chapter 21.05 'IW"t 11 lWil►`iT.9lllt7.TII( Sections: 21.05.010 Airport Reserve. 21.05.020 Airport Reserve boundary map. 21.05.030 Definitions. 21.05.040 Regulation of the airport. 21.05.050 Use or occupancy of the Airport Reserve. 21.05.060 Parking automobiles and aircraft. 21.05.070 Environmental requirements. 21.05.080 Penalties. 21.05.010 Airport Reserve. (a) There is established an Airport Reserve for the development. expansion, maintenance, operation, protection, and perpetuation of the Kenai Municipal Airport. The boundaries of the Airport Reserve are established as shown on the map codified as 21.05,020. (b) No city -owned land within the Airport Reserve shall be sold or otherwise conveyed out of City ownership for any purpose, except as provided in a lease executed by the City before the effective date of this section. 21.05.020 Airport Reserve Boundary Map. (See Appendix I to this Chapter.) 21.05.030 Definitions. Unless the context requires otherwise, the following words or phrases have the meaning given below when used in this Title 21. (a) "Airport" means all the facilities and land of the Kenai Municipal Airport within the Airport Reserve. (b) "Airport Manager" means the official to whom the City Manager has delegated the authority and responsibility of managing and directing the activities of the airport. "Airport Manager" includes that person's authorized representative. Ordinance 2180-2006 Attachment A Page 1 of 4 (c) "Airport Reserve" means the city -owned land reserved from sale and designated under 1.05.0 10 and 21.05.020. (d) "City Manager" means the official to whom the City Council has delegated the responsibility of managing and directing all activities of the City. "City Manager" includes those persons to whom the Manager has delegated responsibility to perform functions under this Title 21. 21.05.040 Regulation of airport. The City Manager may regulate the manner in which the airport is operated with reference to safety, accommodation, user fees, and service to the public. The City Manager is authorized to adopt, amend, and repeal such rules and regulations as may be necessary. Regulations promulgated under authority of this section are effective on the date designated by the City Manager. The City Council may by resolution at any meeting revise or repeal any regulation adopted under authority of this section. In this connection, the rules and regulations adopted prior to the enactment of this section are hereby ratified, approved, and continued in full force and effect until further amended or repealed by subsequent action of the City Manager. 21.05.050 Use or Occupancy of the Airport Reserve. No person may use or occupy city -owned land or facilities within the Airport Reserve for any purpose unless, (a) the portion of the land or facility being used or occupied is designated by the city for public use and the person's use or occupancy conforms to that public use; or (b) the person first obtains a lease, permit, concession, or other written permission from the City authorizing the use or occupancy; or (c) the person is on a premises with the express or implied consent of the lessee, permittee, or concessionaire. 21.05.060 Parking automobiles and aircraft. It shall be unlawful for a person to park an aircraft or automobile on the airport in any location or in any manner contrary to a regulation adopted under KMC 21.05.030, or a rule or order issued by the Airport Manager pursuant to a regulation adopted under KWIC 21.05.030. The Airport Manager, including the manager's designated representative, shall be vested with full police powers under the authority of the City to enforce the provisions of this section. 21.05.070 Environmental requirements. (a) A person using the airport shall comply with all applicable environmental laws. (b) A lessee, permittee, or concessionaire who is required under any environmental law to submit a report or other document about a violation or potential violation of an environmental law to a regulatory agency shall provide a copy of the document to the City Manager. Any person who receives a permit from an environmental regulatory agency in connection with the person's use of the airport shall, within ten (10) days of receipt of the permit, provide a copy of the permit to the City Manager. (c) A lessee, permittee, or concessionaire shall provide to the City Manager a copy of (1) any notice of violation or other notice, claim, or citation alleging a violation of an environmental law affecting airport property that a regulatory agency issues to or files against that lessee, permittee, or concessionaire; and Ordinance 2180-2006 Attachment A Page 2 of 4 (2) any complaint filed in a court that alleges violation by the lessee, permittee, or concessionaire of an environmental law affecting airport property. (d) The City Manager shall require a person responsible for the contamination of airport property to remediate and return contaminated airport property to an environmentally acceptable condition to the satisfaction of any regulatory agency having jurisdiction. However, any regulatory agency approval of a proposed remediation plan that limits the future use of airport property is subject to approval by the City Manager before the responsible person may begin remediation activities on the airport. A person remediating contaminated airport property may not unreasonably interfere with (1) a lessee's use of, or access to, the lessee's premises, unless (i) the contamination is a direct result of the lessee's operations; or (ii) the lessee first expressly consents; or (2) the operation or development of the airport unless the City Manager first expressly consents. (e) If the City Manager has cause to believe a premises or other property on the airport may have been contaminated, the Manager may cause to be performed an environmental assessment on the premises or property to establish the presence and source of any contamination and to describe the environmental condition of the premises or property. While performing the assessment, the City will not unreasonably interfere with a lessee's use of, or access to, the lessee's premises unless the lessee first expressly consents. The City will assume the cost of the assessment of a premises or property if contamination is not found on the premises or property. If contamination is found on the premises or property, the person responsible for the contamination shall, upon notice from the City Manager, (1) reimburse the City for the cost of the assessment; and (2) clean up the contamination. (f) For purposes of this section 21.05.060, interference with (1) a lessee's use of, or access to, the lessee's premises is unreasonable if the interference (i) poses a safety hazard or a substantial disruption of the lessee's use of, or access to, the lessee's premises; or (ii) can be avoided without materially increasing the cost or materially decreasing the effectiveness of the effort to achieve remediation satisfactory to all agencies having jurisdiction, or a reasonable environmental assessment, as applicable; (2) the operation or development of the airport is unreasonable if the interference poses a safety hazard or a material disruption of the operation or development of the airport. (g) For the purposes of this chapter 21.05, the following terms are defined as follows: (1) "Contamination"—the unpermitted presence of any released Hazardous Substance. (2) "Environmental Assessment" - an assessment of property, prepared in a manner consistent with generally accepted professional practices, that is supported by reports and tests that determine the environmental condition of property and the presence, type, concentration, and extent of a Hazardous Substance in, on, and under the surface of the property. (3) "Environmental Law" --any applicable federal, state, or local statute, law, regulation, ordinance, code, permit, order, decision, judgment of any governmental entity relating to environmental matters, including littering and dumping. Ordinance 2180-2006 Attachment A Page 3 of 4 (4) "Hazardous Substance"—any substance that is defined under an Environmental Law as hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil. (5) "Materially Contributed To"—to cause the release or migration of a Hazardous Substance in a reportable quantity as defined under applicable Environmental Law. (6) "Responsible"—when used in regard to environmental contamination, means having materially contributed to, assumed under an assignment, or being otherwise liable for by law or contract. 21.05.080 Penalties. Violations of this chapter shall be punished as provided for violations in KMC 13.05.010. Ordinance 2180-2006 Attachment A Page 4 of 4 Chapter 21.10 Sections: 21.10.010 Airport reserve land. 21.10.020 Lands available for leasing. 21.10.030 Qualifications of applicants or bidders. 21.10.040 Applications. 21.10.050 Filing fee and deposit. 21.10.060 No right of occupancy; Application expiration. 21.10.070 Processing procedure. 21.10.080 Lease amendment or renewal. 2110.090 Length of lease term. 21.10.100 Rental rate determination. 21.10.110 Reimbursement for city -constructed improvements. 21.10.120 Lease utilization. 21.10.130 Bidding procedure. 21.10.140 Lease execution. 21.10.150 Form of lease. 21.10.160 Re-evaluation of rent. 21.10.170 Use permits. 21.20.180 Acquisition of real property. 21.10.010 Airport reserve land. (a) This chapter applies to airport -owned land within the Airport Reserve. (b) The provisions of this chapter shall not alter or amend the terms or rights granted under leases existing prior to the effective date of this chapter. (c) Pending Iease applications filed prior to the effective date of this chapter shall come under the provisions of YMC 21.10-24. Otherwise the provisions of this chapter shall apply. 21.10.020 Lands available for leasing. (a) Subject to the provisions of this chapter, city -owned land within the Airport Reserve may be leased as provided in this chapter unless the land is identified in the latest Federal Aviation Administration -approved Airport Layout Plan for the airport or in the latest Airport Land Use Plan as being required for the operation or safety of the airport, or for the construction, preservation, future construction, or future expansion of facilities on the airport, including (1) runways, runway safety areas, taxiways, aprons, water lanes, water taxiways, and other aircraft operational areas; (2) access roads, public streets, parking lots, and other facilities for use by motor vehicles; and (3) public terminal buildings. (b) Notwithstanding (a) of this section, (1) apron space may be leased, but only for aircraft fueling, loading, unloading, parking and maneuvering purposes; and Ordinance No. 2180-2006 Attachment B Page 1 of 10 (2) land required for the future construction or future expansion of airport facilities: (i) may be leased for an interim period not extending beyond the date on which the City Manager determines the land will be required for the construction or expansion; but (ii) may not be leased if the City Manager determines that granting the lease would interfere with, or jeopardize, the safe operation of the airport. 21.10.430 Qualifications of applicants or bidders. An applicant or bidder for a lease is qualified if the applicant or bidder: (a) Is an individual at least eighteen (18) years of age; (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 one (1) principal to the exclusion of himself. The term "agent" includes real estate brokers and agents. 21.10,040 Applications. (a) All applications for lease of lands shall be submitted to the City Manager on forms provided by the City Manager, together with the non-refundable filing fee and any applicable deposit required under 21.10.050. The City Manager shall not accept an application that the Manager determines to be incomplete. Upon receipt of a complete application, filing fee, and any applicable deposit, the City Manager shall cause the application to be stamped with the date and time of its receipt. (b) With every application, the applicant shall submit (1) a development plan, showing and stating: (i) The purpose of the proposed lease; (ii) The use, nature, proposed location on the premises, and estimated cost of improvements to be constructed; (iii) The type of construction; (iv) The anticipated construction beginning and completion dates; and (v) Whether the intended use and proposed development conforms with the (i) zoning ordinance of the City; (ii) comprehensive plan of the City; (iii) latest Federal Aviation Administration -approved Airport Layout Plan for the airport; and (iv) the latest Airport land Use Plan. (2) A business plan, if the applicant proposes to operate a business on the proposed premises. The pian must include (i) a comprehensive description of the proposed business; (ii) the number of people the applicant expects to employ in the business during its first full year of operation; (iii) the number of customers the applicant expects business to serve during its first full year of operation; (iv) the applicant's source of capital. If the applicant plans to borrow funds, include a letter from a bank or other lending institution expressing interest in providing capital; and Ordinance No. 2180-2006 Attachment S Page 2 of 10 (v) the applicant's estimate of the gross receipts of the business during its first year of full operation; (3) A site pian, if the land the applicant desires to lease is not a platted lot or tract. The site plan must show the location and dimensions of the proposed lease site, but need not be prepared by an engineer or surveyor: and (4) A ISPH tax compliance certificate and statement that the applicant is current with any charges, fees, rents, taxes or other sums due and payable to the City. (c) Anytime during the processing of a lease application, the City Manager may request, and the applicant shall supply, any clarification or additional information that the City Manager reasonably determines is necessary for the City to make a final decision on the application. 21.10.050 Filing fee and deposit. (a) When submitting 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 City in payment of any costs in the following amounts: (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 applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under (a)(2) of this Section .050 will be returned to the applicant. (c) If the City enters into a lease with the applicant any deposit made by the applicant under (a) of this section .050 will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (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 reject the applicant's application and apply any deposit made by the applicant under (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's 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 return any unused deposit balance to the applicant. 21.10.060 No right of occupancy; Application expiration. (a) Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application. (b) If the City does not reject the application, an application shall expire on the earlier of the following (1) twelve (12) months after the date stamped on the application under 21.10.O40(a) if the City and the applicant have not, by that time, entered into a lease, unless the Council for good cause grants an extension for a period not to exceed six (6) months; or Ordinance No. 2180-2006 Attachment B Page 3 of 10 (2) the deadline date established under KMC 21.10.140. including any extension of time granted thereunder. 21.10.070 Application processing procedure. (a) Initial Application Review by: (1) Assistant to the City Manager (for application completeness; conformance with Title 21); (2) Airport Manager (for conformance with the Airport Land Use Plan, Airport Layout Pian, Airport Master Plan, FAA regulations, AIP grant assurances, and airport operations); (3) City Planner (for conformance with the Airport Land Use Plan, Comprehensive Plan, municipal zoning, and future airport improvement projects); and (4) City Manager (for adequacy of the applicant's business plan and construction financing plans). (b) The above staff shall present to the City Manager their joint recommendation for action on the application, such as Rejection, Approval, or Approval of a staff alternative. (c) If the City Manager concurs with the staff recommendation, the Manager will: (1) issue a rejection letter, stating the reasons for rejection; or (2) refer the application to the Airport Commission and the Planning & Zoning Commission for review and comment, together with the Manager's recommendation for Approval or Approval of the staff alternative; and (3) Inform the City Council of the Manager's recommendation. (d) If the City Manager refers the application to the Commissions, the City Manager will consider the recommendations of the Commissions and (1) Issue a rejection letter, stating the reasons for rejection; or (2) Approve the application or staff alternative, and direct the staff to issue the lease; and (3) Inform the City Council of the Manager's decision to approve or reject the application; or (4) Obtain the City Council's concurrence if the Manager's decision to approve or reject the application is contrary to the recommendations of the Commissions. (e) An applicant whose application is rejected by the City Manager may appeal to the City Council within fifteen (15) days following the date on which the Manager's rejection letter was hand delivered or placed in the U.S. mail. (f) If another complete and otherwise approvable application for lease of the same property is submitted by a different applicant before the City Manager enters into a lease with the first applicant, the City Manager will forward the applications, the Manager's recommendation and the commissions' recommendations to the City Council for approval of the application anticipated to best serve the interests of the City. The Council may approve one of the applications or direct the City Manager to award a lease of the property by sealed bid. (g) Grounds for the City Manager to reject an application include, (1) the applicant's failure to provide any clarification or information required under this chapter; (2) the applicant's proposed development or use of the land is inconsistent with (i) the zoning ordinance of the City; (ii) the comprehensive plan of the City; (iii) the latest Federal Aviation Administration -approved Airport Layout Plan for the airport; (iv) any obligation of the City under the Airport Sponsor Grant Assurances to the Federal Aviation Administration; Ordinance No. 2180-2006 Attachment B Page 4 of 10 (v) the latest Airport Land Use Plan; or (vi) a regulation of the Federal Aviation Administration applicable to the airport. (3) the applicant's proposed development or use of the land would violate a federal, state, or local law, including an ordinance or regulation of the City; (4) the applicant's failure to reasonably demonstrate the financial viability of the applicant's proposed development or of the business the applicant proposes to operate. (5) the applicant is in default of any charges, fees, rents, taxes, or other sums due and payable to the City; (6) the applicant is in default of a requirement of any lease or contract with the City; (7) the application is rejected by the City Council in favor of another application for the same land under paragraph (f) above; (8) the City Council decides, under (f) above, to reject all applications and award a lease of the land by sealed bid; and (9) the City Manager or the City Council determines that approval of the application is not in the best interest of the City. (h) The City Council may waive provisions of this chapter to lease property or interests in real property with the United States, the state or an Alaska political subdivision when in the judgment of the council it is advantageous to the municipality to do so. 21.10.080 Lease Amendment or Renewal. An application submitted by an existing tenant for an amendment, term extension, or renewal of the tenant's lease shall be subject to the requirements and procedures of KMC 21.10.010 — 21.10.070, except that (a) KMC 21.10,040(b)(1) and (2) shall not apply to an application that does not include a proposal to construct new improvements on the premises. (b) KMC 21.10.040(b)(2) shall not apply to an application that does not include a proposal to add, delete, or alter a business authorized under the lease. (c) the appraisal deposit under KMC 21.10.050(a)(2)(i) shall not be required for an application lot a lease amendment that, if approved, will not alter the size or value of the premises; and (d) the deposits under KMC 21.10.050(a)(2)(i) and (ii) shall not be required for an application for a lease amendment that, if approved, will make only administrative changes in the lease and will not alter the authorized use, size, or value of the premises or if the City Manager determines the City will not incur any engineering, surveying or consulting costs. 21.10.090 Length of Lease Term, (a) The length of term for a lease granted for land within the Airport Reserve will be based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the premises during the first 24 months following the beginning date of the lease or lease extension. (b) The length of term for a lease renewal shall be based on the appraised value of the permanent improvements on the property as set forth in the table in subsection (d)(1). (c) If the applicant proposes to make less than $100,000 in new permanent improvements on the premises, the maximum term of a new lease shall be five (5) years. (d) If the applicant proposes to invest $100,000 or more in new permanent improvements on the premises, Ordinance No. 2180-2006 Attachment B Page 5 of 10 (1) the maximum term of a new lease or a renewal of an expiring lease shall be determined according to the following table: Applicant's Investment (in U.S. Dollars) Maximum is at Least Term of Years Less than $100,000 5 $100,000 15 $125,000 16 $150,000 17 $175,000 is $200,000 14 $225,000 20 $250,000 21 $275,000 22 $300,000 23 $325,000 24 $350,000 25 $375,000 26 $400,000 27 $425,000 28 $450,000 29 $475,000 30 $500,000 31 $525,000 32 $550,000 33 $575,000 34 $600,000 or more 35 (2) the maximum term extension for an existing lease shall be one (1) year for each $25,000 of additional investment, provided that the total of the remaining lease term and the extension shall not exceed 35 years. (e) In the lease granted to the applicant, the City Manager will include a provision requiring the applicant to substantially complete the proposed permanent improvements within a reasonable period of time, considering the cost and nature of the improvements. Provided however, that the time allowed shall not exceed 24 months after the effective date of the lease. (f) In the lease extension granted to the applicant, the City Manager will include a provision requiring the applicant to complete the additional proposed permanent improvements within a reasonable time period, considering the cost and nature of the improvements provided that the time period shall not exceed twenty-four (24) months after the effective date of the lease extension. (g) The City Manager will include a provision in a lease or lease extension requiring the lessee to provide a performance bond, deposit, personal guarantee, or other security if the Manager determines security is necessary or prudent to ensure the applicant's completion of the permanent improvements within the time period set under (e) or (f) of this section. The City Manager will determine the form and amount of the security according to the best interest of the Ordinance No. 21$0-2006 Attachment B Page 6 of 10 City, considering the nature and scope of the proposed improvements and the financial responsibility of the applicant. (h) The applicant shall, within 30 days after completion of the permanent improvements, submit to the City Manager written documentation that the improvements have been completed as required under (e) or (f) of this section. (i) if the applicant shows good cause to the City Manager, and the Manager determines the action is not inconsistent with the City's best interest, the Manager may grant an extension that is sufficient to allow for the completion of the permanent improvements or for submission of documentation that the permanent improvements have been completed under this section. No extension or combination of extensions granted under either subsection (e) or (f) will exceed 12 months. 0) If, within the time required under (e) or (f) of this section, including any extension granted under (i) of this section, the applicant fails to complete the required permanent improvements, the City Manager will execute the forfeiture of the performance bond, deposit, personal guarantee, or other security posted by the applicant under (g) of this section to the extent necessary to reimburse the City for all costs and damages, including administrative and legal costs, arising from the applicant's failure to complete the required improvements, and initiate cancellation of the lease or reduce the term of the lease to a period consistent with the portion of the improvements substantially completed in a timely manner according to the best interests of the City. (k) When used in this section, the following terms shall have the meanings given: (1) "expiring lease," means a lease with less than one (1) year of term remaining; (2) "existing lease," means a lease with at least one (1) year of term remaining; (3) "permanent improvement," a fixed addition or change to land that is not temporary or portable; (i) "permanent improvement" includes (A) a building, building addition, retaining wall, storage tank, carthwork, fill material, gravel, and pavement; and (B) remediation of contamination for which the applicant is not responsible; (ii) "permanent improvement' excludes items of ordinary maintenance, such as glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patching. 21.10.100 Rental rate determination. (a) Beginning in 2007 and at intervals of approximately five (5) years thereafter, the City Manager shall retain the services of an independent, qualified real estate appraiser, certified under Alaska Statute 08.87 to determine a zone -based square foot lease rate for all land within the Airport Reserve that is under lease or available for lease based on the fair market value of the property and the appropriate market lease rate for property within the Airport Reserve. Lease applications filed after the effective date of this chapter but prior to completion of the initial lease rate determination shall have a rental rate of eight percent (8%) of fair market value. (b) Following the date on which the City Manager accepts the determinations made under (a) of this section, the Manager shall establish rental amounts for leases as foIIows: (1) for each new lease granted by the City under this chapter, the rental shall be as determined under (a) of this section; and Ordinance No. 2180-2006 Attachment S Page 7 of 10 (2) for leases in existence prior to the effective date of this chapter, the lease rate shall be determined as provided in the lease. (c) Under this section, when determining the fair market value of the premises of an existing lease, an appraiser shall appraise the property (1) in its condition as of the inception of the lease: (2) plus any improvements or amenities subsequently provided by the City; but (3) excluding any improvements or amenities provided by the City under 21.10.110, if lessee has reimbursed the City, or entered into an agreement to reimburse the City, for the cost of the improvements or amenities. 21.10.110 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 fill, utility extensions and other improvements or amenities on or in direct connection with the premises, constructed by the City prior to the effective date of the lease: or (2) land clearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection with the premises, which the City agrees to construct as a condition of the lease, subject to City Council approval. (b) The Lessee shall reimburse the City for the City's cost of constructing the improvements in ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City at any time during the term of the lease. 21.10.120 Lease utilization. Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease and in conformity with the ordinances of the City, and in substantial conformity with the Comprehensive Plan and Airport Master Plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time. Failure to substantially complete the development plan for the land shall constitute grounds for cancellation. 21.10.130 Bidding procedure. With the approval of the City Council, the City Manager may designate a specific lot or lots to be leased through competitive sealed bid. In a scaled bid offering, the City Manager shall award the lease to the qualified bidder that offers the highest one-time premium payment, in addition to the lease rent established under this chapter. Provided however, that high bidder and the bidder's lease proposal shall be subject to all provisions of lease application review and approval under this chapter. 21.10.140 Lease execution. When issuing a lease to an applicant, the City Manager shall hand deliver or mail the document to the applicant. The applicant shall have thirty (30) days from the date on which the lease is hand delivered to the applicant or deposited in the U.S. mail within which to execute and return the lease to the City Manager. If the applicant shows good cause to the City Manager, and the Manager determines the action is not inconsistent with the City's best interest, the Manager Ordinance No. 2180-2006 Attachment B Page 8 of 10 will grant an extension not exceeding thirty (30) days for the applicant to execute and return the lease. Upon the failure of the applicant to timely execute and return the lease agreement, the City Manager shall withdraw the offer of the lease in writing. 21.10150 Form of lease. (a) When leasing land under this Title 21, the City Manager shall use a standard lease form that is: (1) drafted to (i) provide a reasonable basis for the lessee's use of the premises: (ii) foster the safe, effective, and efficient operation of the airport: (iii) conform with the applicable requirements of the KMC, including this Title 21, Alaska statutes, Federal Aviation Administration reeulations, and other applicable federal law; and (iv) provide for the best interest of the City. (2) approved as to form by the City Attorney; and (3) adopted by resolution of the City Council. (b) The City Manager may enter into a land lease that deviates from the standard form adopted under (a) of this section, if (1) the Manager believes the action is in the best interest of the City: (2) the lease is approved as to form by the City Attomev; and (3) the lease is approved by resolution of the City Council. 21.10.160 Re-evaluation of rent. (a) At intervals of not less than five (5) years, or at such other time as may be specified in a lease executed before the effective date of the enactment of this section, the City Manager shall increase or decrease the rent charged in the lease to the amount determined under 21.10.100. (b) The City Manager shall change the rent in a lease by giving the lessee written notice at least thirty (30) days in advance of the effective date of the change. (c) The "Fair Market Value" of the Premises shall be equal to the then -fair market rate for similar commercial property in the City of Kenai, Alaska (the "Relevant Area"). City shall give notice to Lessee of City's estimation of the Fair Market Value not later than thirty (30) days prior to the expiration of the then -applicable five-year period, as evidenced and supported by the written opinion of a real estate appraiser certified under Alaska Statute 8.87, selected and paid for by the City, familiar with the Relevant Area and who would qualify as an expert witness (the "First Appraiser"). If Lessee disagrees with such estimate, it shall advise the City in writing thereof 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) familiar with the Relevant Area and who would qualify as an expert witness (the "Second Appraiser"). The parties shall promptly meet to attempt to resolve their differences between the First Appraiser and the Second Appraiser concerning the Fair Market Value of the Premises. If City and Lessee cannot 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 qualified under Alaska Statute 8.87 (selected and paid for jointly by the parties) familiar with the Relevant Area (the "Third Appraiser"). Within thirty (30) days after the Third Appraiser has been appointed, the Third Appraiser shall decide which of the two respective appraisals from the First Appraiser and the Second Appraiser most closely reflects the Ordinance No. 2180-2006 Attachment Page 9 of 10 Fair Market Value of the Premises. The Fair Market Value of the Premises shall irrebuttably be presumed to be the value contained 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 continue to be paid at the then -applicable rate until any such new rental rate is established, and Lessee and City shall promptly pay or refund, as the case may be, any variance in the rental, without interest thereon accruing to the extent to paid/refunded in a timely fashion. 21.10.170 Use Permits The council may authorize the city manager to grant permits for the temporary use of real property owned by the city for a period not to exceed one (1) year, without appraisal of the value of the property or competitive process, for any purpose compatible with the zoning of the land, and on such terms and for such rentals as the council shall determine. 21.10.180 Acquisition of Real Property (a) The city, by authorization of the city council, expressed in a resolution for such purpose, may purchase or acquire an interest in, lease or real property needed for a public use within the airport reserve on such terms and conditions as the council shall determine, but no purchase shall be made until a qualified 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 not acquire or lease real property by competitive bidding. Ordinance No. 2180-2006 Attachment B Page 10 of 10 Chapter 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPORT RESERVE Sections: 21.15.010 Airport land outside of the Airport Reserve. 21.15.020 Qualifications of applicants or bidders. 21.15.030 Applications. 21.15.040 Filing fee and deposit. 21.15.050 Rights prior to leasing. 21.15.060 Processing procedure. 21.15.090 Review. 21.15.080 Appraisal. 21.15.090 Terms of lease. 21.15.100 Annual minimum rental. 21.15.110 Bidding procedure. 21.15.120 Principles and policy of lease rates. 21.15.130 Reimbursement for city -constructed improvements. 21.15.140 Lease execution. 21.15.150 Lease utilization. 21.15.160 Form of lease. 21.15.190 Conveyance to encourage new enterprises. 21.15.180 Sale. 21.15.190 Sale procedure. 21.15.200 "Terms for financing sale of City lands. 21.15.210 Determination as to need for public use. 21.15.220 Property exchanges. 21.15.230 Property sale to adjacent owners. 21.15.240 Grant or devotion. 21.15.250 Use permits. 21.15.260 Acquisition of real property. 21.15.010 Airport land outside of the Airport Reserve. (a) This chapter applies to airport land outside of the Airport Reserve. (b) The City may sell, convey, exchange, transfer, donate, dedicate, direct, or assign to use, or otherwise dispose of airport land outside of the Airport Reserve, including property acquired. held for, or devoted to a public use, in accordance with this chapter. Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required by the City for a public purpose. (c) The City may lease, sell or dispose of real property by warranty or quit -claim deed, easement, grant, permit, license, deed of trust, mortgage, contract for sale of real property, plat dedication, lease, or any other lawful method or mode of conveyance or grant. Any instrument requiring execution by the City shall be signed by the City Manager and attested by the City Clerk. The form of any instrument shall be approved by the City Attorney. Ordinance 2180-2006 Attachment C Page 1 of 11 (d) The provisions of this chapter shall not alter or amend the terms or rights granted under leases existing prior to the effective date of this chapter. (e) Pending lease applications filed prior to the effective date of this chapter shall come under the currently existing provisions of KMC 21.10-20 and KMC 22.05.030—.045. Otherwise the provisions of this chapter shall apply. 21.15.020 Qualifications of applicants or bidders. An applicant or bidder for a lease is qualified if the applicant or bidder: (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 the exclusion of himself. The term "agent' includes real estate brokers and agents. 21.15.030 Applications. (a) All applications for lease of lands shall be filed with the City Manager on forms provided by the City available at City Hall. Applications shall be dated on receipt and payment of filing fee and deposit. No application will be accepted by the City Manager unless it appears to the City Manager to be complete. Filing fees are not refundable. (b) With every application, the applicant shall submit a development plan, showing and stating: (1) The purpose of the proposed lease; (2) The use, value and nature of improvements to be constructed; (3) The type of construction; (4) The dates construction is estimated to commence and be completed (maximum of two (2) years); and (5) Whether intended use complies with the zoning ordinance and comprehensive plan of the City. Applications shall become a part of the lease. 21.15.040 Filing fee and deposit. (a) When submitting 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 City in payment of any costs in the following amounts: (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 applicant or failure of the applicant to comply with any requirement of this chapter, any deposit made under (a)(2) of this section will be returned 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 section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to the rent payable under the lease. If the City's costs Ordinance 2180-2006 Attachment C Page 2 of 11 exceed the amount of any deposit, the applicant shall pay the shortage to the City as a condition of the lease. (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 reject the applicant's application and apply any deposit made by the applicant under (a) of this section to the City's appraisal, engineering, and consulting costs incurred in connection with the applicant's 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 return any unused deposit balance to the applicant. 21.15.050 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 the land for which they have applied. The application 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 time 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 are subject to change on the basis of an appraisal done every twelve (12) months on the property applied for. 21.15.060 Processing procedure. (a) Applications shall be forwarded to the Planning and Zoning Commission upon receipt. The Planning and Zoning Commission shall normally consider applications for specific lands on a first-come, first-served basis if the Commission finds that the application is complete 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, etc., or where the applicant fails to comply with directions or requests of the Planning and Zoning Commission, any such priority will be lost. If an application 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 Comr,ission making an affirmative or negative recommendation to the Council regarding the lease application for the same property, the City may elect to sell said property in accordance 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 applications must be presented to the City Council within thirty (30) days after approval by the Planning and Zoning Commission. (c) Where there are two (2) or more applications for the same airport lands for different uses, then if the Planning and Zoning Commission makes a finding that a subsequent application would result in use of the lands for a higher and better purpose with a greater benefit to the City of Kenai and the citizens thereof, then the lease will be issued to such applicant notwithstanding the provisions of subparagraph (a) in this section which provide for leasing on a first-come, first- served basis. Any applicant may appeal to the City Council from a finding or a refusal to 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 the sole discretion of the City Council. Ordinance 2180-2006 Attachment C Page 3 of 11 21,15.070 Review. No leased land may be changed in use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning Commission and approved by the Council. 21.15.080 Appraisal. No land shall be leased, or a renewal Iease issued, unless the same has been appraised within a twelve (12) month period prior to the 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. 21.15.090 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 respect to durability and time required to amortize the proposed investment. 21.15.100 Annual minimum rental. (a) Annual minimum rentals shall be computed from the approved appraised market value utilizing the method as described in KMC 21.15.120 below. (b) Upon execution of the lease, the lands become taxable to the extent of its leasehold interest and lessee shall pay all real property taxes 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 prorated to conform to the City of Kenai's fiscal year beginning July I and ending June 30. If the equivalent monthly payment exceeds two hundred dollars ($200.00), then the lessee shall have the option of making payments on a monthly basis. (d) Lessee shall be responsible for all sales taxes applicable to its operations. 21.15.110 Bidding procedure, As an exception 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 established lease rate. Highest bid, however, shall be subject to all provisions of review and approval established for all other lease applications. 21.15.120 Principles and policy of lease rates. (a) A fair return to the Airport System is mandated by the terms and conditions of the quitclaim deed and appropriate deeds of release, granting these lands to the Airport System by the Federal Government. To ensure a fair return, all leases for a period in excess of five (5) years shall include a redetermination clause as of the fifth anniversary, and all lands for lease shall be appraised prior to lease and again prior to redetermination. Lease rates; (1) Shall be based on fair market value of the land, including an appropriate consideration of facilities and services available (public water, public sewer, storm sewers, and other Ordinance 2180-2006 Attachment C Page 4 of 11 public utilities) as determined by a qualified independent appraiser, considering the best use of the specified Iand; and, (2) Shall be eight percent (8 %) of fair market value. (b) For leases in existence prior to the effective date of this chapter, the lease rate redetermination shall 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 thirty (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 the City of Kenai, Alaska (the "Relevant Area"). City shall give notice to Lessee of City's estimation of the Fair Market Value not later than thirty (30) days prior to the expiration of the then -applicable five-year period, as evidenced and supported by the written opinion of a real estate appraiser certified under Alaska Statute 8.87, selected and paid for by the City, familiar with the Relevant Area and who would qualify as an expert witness (the "First Appraiser"). If Lessee disagrees with such estimate, it shall advise the City in writing thereof 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) familiar with the Relevant Area and who would qualify as an expert witness (the "Second Appraiser"). The parties shall promptly meet to attempt to resolve their differences between. the First Appraiser and the Second Appraiser concerning the Fair Market Value of the Premises. If City and Lessee cannot 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 Statute 8.87 (selected and paid for jointly by the parties) familiar with the Relevant Area (the "Third Appraiser"). Within thirty (30) days after the Third Appraiser has been appointed, the Third Appraiser shall decide which of the two 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 contained 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 continue to be paid at the then -applicable rate until any such new rental rate is established, and Lessee and City shall promptly pay or refund, as the case may be, any variance in the rental, without interest thereon accruing to the extent to paid/refunded in a timely fashion. 21.15.130 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 fill, utility extensions and other improvements or amenities on or in direct connection with the premises, constructed by the City prior to the effective date of the lease; or (2) land clearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection with the premises, which the City agrees to construct as a condition of the lease, subject to City Council approval. (b) The Lessee shall reimburse the City for the City's cost of constructing the improvements in ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City at any time during the term of the lease. Ordinance 21BG-2006 Attachment C Page 5 of 11 21.15.140 Lease execution. The lease applicant shall execute and return the appropriate lease agreement with the City of Kenai within thirty (34) days of mailing the agreement to said applicant. The lease agreement shall be prepared in accordance with the requirements of this title. Failure to execute and return the lease agreement within the specified period shall result in the forfeiture of all leasing rights. 21.15.150 Lease utilization. Leased Iands shall be utilized for purposes within the scope of the application, the terms of the lease and in conformity with the ordinances of the City, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time. Failure to substantially complete the development plan for the land, consistent with the proposed use and terms of the Tease, shall constitute grounds for cancellation. 21.15.160 Form of lease. (a) When leasing land under this Title 21, the City Manager shall use a standard lease form that is (1) drafted to (i) provide a reasonable basis for the lessee's use of the premises; (ii) foster the safe, effective, and efficient operation of the airport; (iii) conform with the applicable requirements of the KMC, including this Title 21, Alaska statutes, Federal Aviation Administration regulations, and other applicable federal law; and (iv) provide for the best interest of the City. (2) approved as to form by the City Attorney; and (3) adopted by resolution of the City Council. (b) The City Manager may enter into a land lease that deviates from the standard form adopted under (a) of this section, if (1) the Manager believes the action is in the best interest of the City; and (2) the lease is approved as to form by the City Attorney; and (3) the lease is approved by resolution of the City Council. 21.15.170 Conveyance to encourage new enterprises. (a) Notwithstanding any other provisions of this chapter, where it is found that encouragement of a new commercial, industrial or non-profit enterprise would increase the economic stability of the City of Kenai and would be beneficial to the City of Kenai, the City Council by resolution so finding may direct conveyance of one or more parcels of City land by the 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 resolution. (b) In the event the land directed to be conveyed under subsection (a) above consists in part or in whole of airport lands, then the resolution ordering its conveyance will not be effective until the City Council by ordinance has appropriated from the general fund to be dedicated to the airport the difference between the appraised fair market value of said airport lands and the purchase price, if any, set forth in said resolution. Ordinance 2184-2006 Attaclwient C Page 6 0£ t I 2115.180 Sale. (a) Airport land outside the airport reserve to which the City of Kenai holds title which are not restricted from sale by the Deed of Conveyance to the City, or which have been released from such restrictions, which the City Council has determined are not required for a public purpose, may be listed 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 the City to place the land for sale. The decision whether or not to sell the land rests in the sole discretion of the City. (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 six months of the date of appraisal. The City Manager has the option to dispose of such properties in accordance with the sale procedures set out in this Title: (1) By negotiated sale; or (2) By outcry auction to the highest responsible bidder; or (3) By competitive sealed bids to the highest responsible bidder. In the event that the sale is not closed within six months of the date of appraisal, the buyer will be charged, upon closing, interest computed in accordance with the applicable provisions of the Kenai Municipal Code, based upon the total sales price for the number of days past the expiration of the six-month period. 21.15.190 Sale procedure. (a) The City Manager will obtain such an appraisal for a determination of the minimum price on said land. (b) Where any party, hereinafter called "Applicant," requests that a tract or tracts of land be sold for which an appraisal will be required, which will require subdividing, platting, or surveying and staking, or which will require advertising or incurring any other expenditures by the City prior to sale, (1) No actions in preparation for sale will be taken by the 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 with 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 applicant to pay any additional costs if said good faith deposit is insufficient to pay all costs incurred by the City. (2) If at any time during the process of preparing for sale, the applicant gives notice to the City Manager of withdrawal of the request for sale, the City Manager shall stop all procedures, shall pay expenses incurred prior to termination of We procedures, and shall reimburse applicant for any good faith deposit advanced in excess of all expenses incurred. (However, if another party desires the sale to proceed, files an application for sale, executes and files an agreement to purchase, and advances sufficient funds therefore, then the prior applicant will be reimbursed for expenses charges which can be attributed to the subsequent applicant.) (3) If all actions necessary for preparation for sale have been accomplished, and if neither the applicant nor any other party purchases said land when first 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 Ordinance 2180-2006 Attachment C Page 7 of 11 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 total to the applicant. The City's expenses will be first deducted from the deposit of the successful bidder. (5) If the land in question is sold to applicant, the good -faith deposit advanced, after deducting the City's expenses, will be applied on the payment due at closing. (6) If the land in question is to be sold by sealed bird 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 within five days of the bid opening. If the land sale is initiated in accordance with KMC 21.15.060(a), the applicant shall be defined as that party submitting the initial lease application. (c) If the tract of land proposed to be sold is leased land, the lessee may request the sale of said land at not less than the fair market value. The current lessee may request to negotiate a sale only after, to the satisfaction of the City Manager, development has been completed as detailed in the development schedule which has been incorporated into the lease agreement. If there is no development schedule, the lessee may request to 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 in the sole discretion of the City, (d) If the tract of land proposed to be sold is not leased land, or is leased land without substantial improvements, then the tract of land may only be sold by outcry auction or by competitive sealed bids. The decision whether or not to sell the land rests in the sole discretion of the City. If the tract is to be put up for such competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall 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 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) the area and general location of the Iand, (4) the minimum acceptable offer for the land (which shall be its appraised fair market value), (5) the terms 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 with each bid in order to cover the City's expenses such as survey, appraisal, and reviews, (9) any other matters concerning the sale of which the City Manager believes the public should be informed. (e) Where a real estate agent furnishes a buyer for City land, the closing agent shall be authorized to pay said agent a real estate commission of five percent (5%) of the purchase price for the land or five percent (5%) of 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. Ordinance 2180-2006 Attachment C Page 8 of 11 (2) No commission shall be paid to an agent where said agent is a party, or in privity with a party, to said sale. (f) Closing of sale of City lands shall be handled by a title or escrow company within the city which specializes in closing of real estate sales. (g) Conveyance of City lands shall be by quit claim or warranty deed furnished by the City, 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 City received title to the land. The deed shall be signed by the City Manager and attested by the City Clerk. The form of the deed shall be approved by the City Attorney. (h) If a buyer desires to obtain a preliminary commitment for title insurance or title insurance to the land. then it shall be the responsibility of the buyer to obtain such commitment or insurance and to pay for the same. (i) If the tract or tracts 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 attorney, but must be approved by the City Attorney prior to closing. 0) Said note shall be placed for collection with 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 set-up fee to initiate collection may be negotiated, and the buyer shall pay the annual collection fees for such bank collection. (k) 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 the costs of sale listed in KMC 21,15.190(f)(g)(h)(i) and 0) to a maximum of fifty percent (50%) of the required costs being borne by the City. 21.15.200 Terms for financing sale of City lands. (a) In order to expedite and facilitate the sale of City lands, the City Manager is hereby authorized to accept terms for 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 except for total cash payment, provided, however, that the City Manager may accept a note secured by a deed of trust subordinate to the existing security interest if the amount of the note thereby secured is within the difference between the fair market value of the land with improvements, and the sum of all prior security interests. The sale documents shall be subject to the same restrictions contained in the lease as the Iease provides at the time of sale. (2) Prior to making a determination to accept a note and deed of trust from a prospective purchaser, the City Manager shall secure a preliminary commitment for title insurance (at purchaser's expense) and a review of the grantee index covering the party desiring to purchase the land from the title company in the local recording district, and no credit will be advanced on such sale if there are any delinquent liens or unpaid judgments found in the title company report until any such judgments or liens are paid and releases therefore have been filed. (3) In the event of a credit sale, the down payment required shall be determined by the City Manager, but shall not be less than fifteen percent (15%) of the sales price. Ordinance 2180-2006 Attachment C Page 9 of 11 (b) If the City Manager determines that it is in the City's interest to sell City lands, the sale shall be either a cash transaction or by a note secured by a deed of trust, subject to paragraph (a) above, and by no other means. The note and deed of trust shall carry 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 the City Council. (2) Such note shall bear interest at a rate to be determined by the City Council by resolution. 21.15.210 Determination as to need for public use. (a) Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall contain the public use for which said property is to be dedicated, the legal description of the property, and the address or 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 should be dedicated to a different public use or should no longer be needed by the City for public use shall be determined by the City Council by ordinance which shall contain the new public use for which said property is to be dedicated or the reason the land is no longer needed for public use, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. 21.15.220 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 another 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 the property exchange and the City shall receive property (including a portion of money) at least equivalent to the value of the property exchanged by the City. 21.15.230 Property sale to adjacent owners. The council may approve, by resolution, after public notice and an opportunity for public hearing, the sale and conveyance 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 small size, shape, or location that 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. 21.15.240 Grant or devotion. (a) The Council, by ordinance, may lease, grant or devote real property no longer needed by the City for a public purpose to the United States, the State of Alaska, a local political subdivision of the State of Alaska (including the City of Kenai general fund), or any agency of any of these governments or 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. (b) In the event the land directed to be conveyed under subsection (a) above consists in part or in whole of airport lands, then the ordinance ordering its conveyance will not be effective until the City Council by ordinance has appropriated from the general fund to be dedicated to the airport the difference between the appraised fair market value of said airport lands and the purchase price, if any, set forth in said resolution. Ordinance 2180-2006 Attachment C Page 10 of 11 21.15.250 Use permits. The council may authorize the city manager to grant permits for the temporary use of real property owned by the city for a period not to exceed one (1) year, without appraisal of the value of the property or public auction, for any purpose compatible with the zoning of the land, and on such terms and for such rentals as the council shall determine. 21.15.260 Acquisition of Real Property (a) The city, by authorization of the city council, expressed in a resolution for such purpose, may purchase or acquire an interest in, lease or real property needed for a public use within the airport reserve on such terms and conditions as the council shall determine, but no purchase shall be made until a qualified 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 not acquire or lease real property by competitive bidding. Ordinance 2180-2006 Attachment C Page 11 of 11 -•-Evil MKTIFIRIMPAMR9 APPENDIX map "'Village wdk a Past C# wA 1 opt) 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us the a y o f KENALALASKA M 1C m U---- r a,-% n d u m Date: July 27, 2006 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager RE: Lease Application, Lot 2, Block 1, General Aviation Apron Sub. #1, Amended — Indcom Properties, LLC (Kenneth Dunbar) Indcom Properties, LLC (Kenneth Dunbar), has submitted the attached lease application for the referenced property. The application is conceptual and detailed drawings will be provided at a later date, prior to a lease being issued. The lot is shown on the attached map. The Supplemental Planning Assessment includes this parcel in the proposed Airport Reserve boundary. Property in the proposed reserve is for short-term and long-term airport -related uses and should not be sold. All uses within the boundary should comply with the airport land use plan and airport layout plan. The City's determination should be based on the land use plan, the Airport Master Plan, airport capital improvement program and sound airport planning. KMC 21.10.080 states the term 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 respect to durability and time required to amortize the proposed investment. The applicant is asking for the longest term possible. Indcom Properties, LLC is proposing to construct a 40' x 216' x 14' high metal T-type aircraft hangar building. The estimated value of improvements is $300,000 — 400,000. According to the schedule currently used, a 45 -year term would be allowed for $300,000 in improvements. KMC 21.25.010 (b) states the Airport Commission shall observe, oversee and guide in an advisory capacity, any matters relating to use of airport aeronautical lands. The Airport Commission needed to determine: 1. If the intended use complies with the Airport Master Plan. Memo to Rick R. Koch July 27. 2006 Page 2 of 2 2. If the lease application complies with the airport land use plan and airport layout plan. 3. If it does not, can an interim use be allowed? 4. Is there a determination when the land would be needed for uses that conform with the land use plan? At their meeting of July 13`h, the Airport Commission unanimously recommended approval of the lease, "for general aviation T -hangers." As outlined in KMC 21.10.030 (b)(5) and KMC 21.10.060 (a) the Planning and Zoning Commission needed to determine: 1. If the intended use complies with the zoning ordinance and comprehensive plan of the City. 2. If the application is complete. 3. The use proposed in the application is the highest and best use and conforms to the Airport Master Plan and other goals set by the Commission or the City Council. At their July 26`h meeting, the Planning and Zoning Commission recommended that Council proceed with the lease. They determined that the proposed lease complies with the City's zoning ordinance, Comprehensive Pian, Airport Master Plan, and is the highest and best use for the parcel. If Council approves the application, the Administration can move forward by ordering an appraisal. Cc: Fred Braun Rebecca Cronkhite, Airport Manager /kh Attachments r FOR CITY USE ONLY Date �; i e'/S Signature i� CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION NameofApplicant lQlr-o nn Cga�tERtl�� "Qu-�NN 1. 9(kwbda) Address VY,C-t-F PkIW, t r4W. cig! ha Business Name and Address It sjAcovA—, p,;0tt FS I LLL Telephone gr,+1_moo- /coo g0f7-r.(0()- logq Kenai Peninsula Borough Sales Tax No. (if applicable) State of Alaska Business License No. (if applicable) "O R q Legal Description i ,Cs'r til _kik k : Gr—t, . P -w Z wvo w Svl.tf. rvo Purpose of Proposed Lease tom, i Term of Proposed Lease L o t j q ES -r TSR tnn 1-'cJS S ; K��_ Description of Proposed Development r(type, constructio n materials, size, etc.) Time Schedule for Proposed Development • Beginning Date �41kk t\► 0 t'i �} ` t • Completion Date (maximu� of two years) 'CEL -t\ A!„ �pd'(t � tM6�l &d -w C'l� Estimated Value of Improvements $ ?s Sa, 000 — $ 40e,000 APPLICANT'S SIGNATURE._i'f��f --- _ Date: APPLICANT'S SIGNATURE: Date: 1 CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and location) 4. Site improvements • Areas to be cleared and method of disposal • Proposed gravel or paved areas • Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing - permit required if height is over 6' 10.Curb cuts (where applicable) 11. Building height M 3`4'X40 —Trig, -(Z c� l m' *Cf_" 30x e IS�il Pi- i T, aLL p,p.tLW sj tawd Wc4s Ly.aES 30 ,ISO 1bsJ y r 3SZL8�U v l}cg.�t SNc�y R c�L 1'� tir vc tie- EN11oveetiea TV�V6-j% 6-2- Pee -EW, � IAL e f Ht "t9 12. FAA Form 7460 Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website httD://www.alaska.faa.gov/airports. The site has a menu for forms. �/ CITY OF KENAI LEASE APPLICATION — CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. Zonine Light Industrial Permits Required: • Conditional Use Permit • Landscape Review • Building Permit • Sign Permit Assessments None 043-240-02 Insurance Limits Required $500,000; Workers Comp Construction must begin by Within 2 vears of the effective date of lease. Completion date for major construction Within 2 years of the effective date of lease. Plannine Commission Aum -oval By: /,�'--Date of Approval: flit �— C City Council AunrovaI THIS APPLICATION WILL BE MADE A PART OF THE LEASE 1 51 REET ;la , GENERAL Av=1011 APRON A/O. 2 (K -81-1-1o) 43-24 'JUL 1 7 1881' FOR /9s -)p kULL �cce�j'c'vI / m° �A if zoo 1 on /\yj a0� - � ZhlA 1F. C-IFi 4P20N c.uO Kenai Peninsula Borough, Alaska r� alr, 9 f EM 0 450803 � P4 m n . PROPOSED PENCE r ` NEW OR REVISED LOT (200 200' 2 250':; 3 50.000 89 FI' 1 2,500 S4 FT I- < i 1 I I K I ,1 I 80.62 700 'U S FUTURE R.O.W. .,� — -b—b- SCALE 1"-80'-0' 152' T.9- GATE 250' 5 28'42'w 1350.0)' 91 110' 3 IA 58.758 SO FT iA _b—b— .b•. i 28,484 S4 FT F< 1 I 1 1 K t R-50' lap• b 145.84• -- ------------------------ C/L TAXIWAY A-2 = -• _--NO_88----- t n, i a ri +ra 8 , jv�'- ml -q%P �4[161IIF, rs nk jv�'- ml -q%P �4[161IIF, rs rs - Mx }\\A}?/ /\ . "Village wick a Past Gi witki y go. 210 Fidalgo Avenue. Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us tkec�af KENUALASKA Mlu�mormg--%Ldum Date: July 27, 2006 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager RE: Lease Applications — Indcom Properties, LLC (Kenneth Dunbar) (1) Lot 9, Block 1, F.B.O. Subdivision (2) Lot 10, Block 1, F.B.O. Subdivision (3) Lot 11, Block 1, F.B.O. Subdivision Indcom Properties, LLC (Kenneth Dunbar) has submitted the attached lease applications for the relerenced properties. The applications are concepfivai and detailed drawings will he prnv,ded at a later date, prior to leases being issued. The lots are shown on the attached map. The Supplemental Planning Assessment includes these parcels in the proposed Airport Reserve boundary. Property in the proposed reserve is for short-term and long-term airport -related uses and should not be sold. All uses within the boundary should comply with the airport land use plan and airport layout plan. The City's determination should be based on the land use plan, the Airport Master Plan, airport capital improvement program and sound airport planning. KMC 21.10.080 states the term 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 respect to durability and time required to amortize the proposed investment. The applicant is asking for the longest terms possible. Lots 9 and 10 Indcom Properties, LLC is proposing to construct 80' x 100' x 25' high metal aircraft hangar buildings on each lot. The estimated value of improvements to each lot is $504,000. According to the schedule currently used, a 55 -year term would be allowed for more than $375,000 in improvements. Memo to Rick R. Koch July 27, 2006 --. Page 2 of 3 Lot 11 lndcom Properties. LLC is proposing to construct a 100' x 100' x 25' high metal aircraft hangar building on Lot 11. The estimated value of improvements is $630,000. According to the schedule currently used, a 55 -year term would be allowed for more than $375,000 in improvements. KMC 21.25.0 10 (b) states the Airport Commission shall observe, oversee and guide in an advisory capacity, any matters relating to use of airport aeronautical lands. The Airport Commission needed to determine: 1. If the intended uses comply with the Airport Master Plan. 2. If the lease applications comply with the airport land use plan and airport layout plan. 3. If they do not, can an interim use be allowed? 4. Is there a determination when the land would be needed for uses that conform with the land use plan? At their meeting of July 13`h, the Airport Commission unanimously recommended approval of the leases, "for building of commercial aircraft hangars as it complies with the Airport Master Plan." As outlined in KMC 21.10.030 (b)(5) and KMC 21.10.060 (a) the Planning and Zoning Commission needed to determine: 1, If the intended uses comply with the zoning ordinance and comprehensive plan of the City. 2. If the applications are complete. 3. The uses proposed in the applications are the highest and best use and conform to the Airport Master Plan and other goals set by the Commission or the City Council. Marilyn Kebschull, Planning Administrator has provided the attached memorandum with the Commission's recommendation to approve the lease applications "provided that Council require that any hangars built on Lots 9 and 10 be used for commercial aviation -type activities. This requirement would insure the leases comply with the Airport Master Plan." If Council approves the applications, provided that any hangars built on Lots 9 and 10 be used for commercial aviation -type activities, the Administration can move forward by ordering appraisals. Cc: Fred Braun Rebecca Cronkhite, Airport Manager /kh _ "Vclfaye wdh a Past, C# with a Future"' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 _ - - Telephone: 907-283-7535 / FAX: 907-283-3014 ' f -._--' - - 1992 flec#of KENAI, ALASKA ■ MhMun TO: Kim Howard, Assistant to the City Manager FROM: Marilyn Kebschull, Planning Administrator DATE: July 27, 2006 SUBJECT: Lease Applications — Indcom Properties, LLC (Kenneth Dunbar) (1) Lot 9, Block 1, F.B.O. Subdivision (2) Lot 10, Block 1, F.B.O. Subdivision (3) Lot 11, Block 1, F.B.O. Subdivision The Planning and ZoninCommission reviewed the above -referenced leases at their meeting on July 26t . The Commission voted to recommend that Council proceed with the leases and determined that proposed leases comply with the City's zoning ordinance, Comprehensive Plan, and are the highest and best uses for these parcels. Based on information provided in the lease applications for lots 9 and 10 it is difficult to determine if the proposed use complies with the Airport Master Plan. The Master Plan identifies the lots for Commercial/Cargo use. The information provided in the application for Lot 11, showed that the proposed use complies with the Airport Master Plan. The Commission recommended that if the leases are approved, that Council require that any hangars built on Lots 9 and 10 must be used for commercial aviation -type activities. This requirement would insure the leases comply with the Airport Master Plan. FOR CITY USE ONLY Signature CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant T"r o we 1?r1 v . n -t t'�a5 . LLC - Address -L C._ Address i`.G-kj3®t ' i'tF In+q t 0-k. 9Q�_rr!l Business Name and AddressMica nn 1� ;a F13 LLC-. Q.o.l?yax 1 30 S-tt t? LI 4V'. 94�.n� Telephone QUn- '!Moo - I CJGO'gW1-0166-4o 99 Kenai Peninsula Borough Sales Tax No.' (if applicable) State of Alaska Business License No. (i£ applicable) Legal Description ILOT o c -k I F-Sa S u.� . It PG TC -Lit cml 360 !3 Purpose of Proposed Lease _(� _ ,I� i LF- \�c O -n } E� � �Q1�106 t Term of Proposed Lease t,_o w Q e�,7' Ttta wn oS S I �rt is Description of Proposed Development (type, construction materials, size, etc.) Rk-�kxg-\� (Aiar(Z4T W(4tiaAR"�--' jy.z.s-Sq0` xtvo`i -r0 ho.a.sbr'— MFr�. ��zo C�i�acRr Time Schedule for Proposed Development • Beginning Date FtaL1_. 0 2 I • Completion Date (maximum of two years) S Et as ru f.2 0 t _ Estimated Value of Improvements S 5-'0 4to90 APPLICANT'S SIGNATURE:' Date: ...23 C APPLICANT'S SIGNATURE: Date: ', 1 POR. El/2 SEC. 32, T06N, R11W, S.M. FBI SUB 1KP0160725 Ie t SUB NO 3p8NO6D0198 Slt.;Sr1BBOL I-IMIDND".1131B i'flJ iUa 5ptITH ADD" NO WKNM60106 BANBN fAN, SUB NO 60KN987[rol5 FOD WENOKOKNOOOOB] eNV SUB NO SOKN09 nolml RL' OB 00 "KNOID0031 1 FI 15UB N'3 i UKN$QQ+,.N S I inch equals 400 feet BV'T 21.2001— — 41 NO 0 JAI U61ac DF i r ND' ~`��COOK iNCG7 . 22 GENERAL AIR PARK `\ AVIATION 1 r�B ma[ E' R, i 043-360 1 I t t i8 1 1 MIS Cii Li hey i 1 Ii � 11 1 t i y BARDN PAFK $U6(1-fIpEAOON,' ��-- t--. i I BA YfPARK KENAI Y(}UlN AppN 1• 1 • r f v _ — J R i ' IPA I I 491 sc I I i r � qo ( -- —- 1 'A-' Yi4GICAYc 1 i At d° A,ZC7- ii >p ec s�s1 RK SUBD V1810N ' CITY OF KENAI LEASE APPLICATION. CHECKLIST I (All items must be completed before a Dplication can be accepted.) I Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout)0f the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces, and locaticn) 4. Site improvements • Areas to be cleared and method of disposal • Proposed gravel or paved areas I' • Landscaping plan II (retention of natural vegetation and/or I iroposed planting areas) I. II Building set backs 6. Drainage plan and method of snow removal i 7. Circulation plan (all entrances, exit and on-site access) 8. Location of sign(s) — sign permit r gwi ired l 9. Fencing—permit required if height Is!' over 6' i IO.Curb cuts (where applicable) /j,Z0 0olcla� { t5+w�t,�uuJ�? Co N" C -C rE () li 7fJi4loo'x 00 A� q4+- E.Yc-ep7 'd E•t,N�1+N �j-e�.�'P tt�t�-LCi ri Swow Qu�b rt(_/Coafi� vuii�vq'2 TQ D w lu.0 S -r. ('t M HII SMILL-4ffOVi7M NT Nt1uE 0 ea cei rMR 0� Lolf 61 11. Building height i-5 I I 12. FAA Form 7460 Notice of Propose i'Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website Lf/l s h"://www.alaska,faa.eov/airports. The site hzs a menu for forms. 2A' CITY OF KENAI LEASE APPLICATION – CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. DS°3 - J6 Zonin¢ Light Industrial Permits Required: • Conditional Use Permit • Landscape Review x— • Building Permit _ xx • Sign Permit RR Assessments None Insurance Limits Required $500,000; workers Comp Construction must begin by within 2 vears of the effective date of the lease. Completion date for major construction within 2 years of the effective date of the le -- Planning Commission Annroval By: l L ChairmanI Date of Approval: Citv Council Annroval By: Date of Approval: City Clerk THIS APPLICATION WILL BE MADE A PART OF THE LEASE 1 F B 0 SUBDIVISION LEGEND AND NOTES, A, FBO SUBDIVISION PeninsulaKenai : • i i Parcel Lookup Parcel Number: 04336013 Owner: KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611-7794 Tca - 30 Ownership Code - 30 Usage Code - VA Property Type - R Acres - 0.9 Voter District - K1 Number of Structures - 0 Land Value - $44000 Structure Value - $0 Exempt Amount - $44000 Legal Description KN0780225 T06N R11 W S32 FBO SUB LOT 9 BLOCK 1 Tt•' 'ircel has no structures Return to Search Screen Assessing Home ovn L,) cvvv =nb vo.4v nu rreeUom Reaity nnai MA LIU, iuUiecliGYO r. Ub ® Main office ❑ Kenai Office 170 N. Hirah Street, Suite #102 502 Lake Strut, Suits #2 Soldotna.Alaeke99669 Kenai, Alaska 99611 (907) 262.1770 FAX 262-7166 (907) 282-1890 VAX 283-1695 1.800664-1770 Email: broker2@fteedomreatty.com Richard Koch, City Manager, City of Kenai Frei Braun acting as a licensed agent with Freedom Realty and representing Kenneth Dtmbarthulle m 1Properdm LLC hereby acknowledges provisions of chaptcr 21.10.020 paragraph (c) of the Leasing of Airport Lands. Mr. Bmuu will be representing and assisting Mr. Dunbar with the attached lease applications. , axxm+laiusamsem�ce!03 li� OVNIV6 NiY neat7an• CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant Tt,% �ra, I6 2ui �o"I.0G % l--LC- FOR CITY USE ONLY Dace53ii une��� Signature Address ().G Av X \310, 5s E%U, pal t R -k. ggf0rr12 Business Name and Address WA ca rv. IN 2 e. uai —t s , LL(- . �'b'9)ar 1330 S-rr'Rt.��r� r4k. [lgwvP, Telephone qf)°7- 2.(017-1000 g0rj–gfc4-toclq Kenai Peninsula Borough Sales Tax No. (if applicable) State of Alaska Business License No. (if applicable) 9 3 O lcl5 Legal Description LOT 10 "TE tN 210 s -k l Ra S u% . k P G Tal ast3 3 4 t � Purpose of Proposed Lease NMS. r+ , ; LE. "a -To 00)�. 5? Or )CI Term of Proposed Lease 1...or er it=..avw rouSSshl�G Description of Proposed Development (type, construction materials, size, etc.) Me X11 CJ.!.MtI AA" AP,Tr---r? y, `- i z. t * 7 0' x t v 0'. -r o Time Schedule for Proposed Development • Beginning Date $"rAm em p q • Completion Date (maximum of two years) SA" _ Estimated Value of Improvements S jo�C)_t.4 \ 000 APPLICANT'S SIGNATURE: �<''�� Date: APPLICANT'S SIGNATURE: Date: POR. E1/2 SEC. 32, T06N, R11W, S.M. FRO SUSOKNOM225 r e,SUB NO 3DI'AM0195 BO SUB SOUTH ADDNOKNW0218 FRO SUB SOUTH AODN NO 20KNO860186 BARON FM1 SUB NO 60KN08>0035 !BO SUB NO 40KNO900062 FRO 6U8 NO 50KN0820080 FRO SUB NO 60KNO9TOnN FRO SUB NO 70KN200 WN N\\ vv v/ —E 7 inch equals 400 feet seer 41 No 3 5 O9ac OBac 'AI _ C6f ac "UI , O1 ��GOOK INLET 22 m INDUSTRIAL -GENERAL AIR PARK . AVIATION ' APOON =. .110: /r 043-360 1 ' 18 1 i f t N,h M,M VIV h�5 i , , ---------------- i i 1 � BARON PRFRlI09L1-CIpEnwn ; 1 1 1 ; 1 BAROAN PARK 1 KENAI YyUTN ADON r — i o r 1 ______________ 1 A 1 I I 1 1 ,1 9➢T ac I I � B I I i i ' 1 1 5 c0sss� , rA.,� ._________________�___�__i 4 cAVE -. r T 8 IO ac Tt d 0 ® 12 xv.�361 O�PPR; i r $P -- -- - - - - - - - -+ aRb nK SUBD VISION r r r r 1 ; ti r r.r+r•Y�+r �m _I'3 -" CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) i Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot aid the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and locaticn) 4. Site improvements • Areas to be cleared and method of disposal • Proposed gravel or paved areas • Landscaping plan (retention of natural vegetation and/or I•roposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) — sign permit required 9. Fencing — permit required if height is over 6' IO.Curb cuts (where applicable) "0 Co wt'V,EM oA6 U L 700'X(100U' 4 1 awJocowl8�. Etwf�N �T.IP tt .fw ryl6��lCta� �fakEwl$ Swaov QFs�,r ,�LiCowTRR 9u+"t.e TQ 17 w 11.XuS�r• (Tett MIpr SM3&Lt1#kta TOM 11. Building height ` _t 12. FAA Form 7460 Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website iC�d httn://www.alaska,faa.2ov/aimorts. The site lu.s a menu for forms. 2 M CITY OF KENAI LEASE APPLICATION — CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. Zoning Light Industrial Permits Required: • Conditional Use Permit • Landscape Review • Building Permit • Sign Permit Assessments None Insurance Limits Required $500,000; workers Comp *.s.M Construction must begin by within 2 vears of the effective date of the ease. Completion date for major construction within 2 years of the effective date of the leas - Planning Commission Aouroval By:/IgV Date of Approval: r ' 1iG/Q Chairman° Citv Council Auuroval By: --= Date of Approval: City Clerk THIS APPLICATION WILL BE MADE A PART OF THE LEASE SUBDIVISION I LEGEND ANO NOTES ,..w.,...»,...a...—.,...w. FBO SUBDIVISION i �...+ t..a..e a �tiw+xes•• ! � - pErInz Parcel Number: 04336012 Owner: KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611-7794 Tca - 30 Ownership Code - 30 Property Type - R Acres - 0.9 Number of Structures - 0 Land Value - $44000 Exempt Amount - $44000 • • • • Parcel Lookup Usage Code - VA Voter District - K1 Structure Value - $0 Legal Description KN0780225 T06N R1 1W S32 FBO SUB LOT 10 BLOCK 1 Ti arcel has no structures Return to Search Screen JON -23-2006 FRI 09:49 0 Freedom Realty Kenai FAX NO, 19072831695 P,. 05 ® Mai, office 13 Semi office 170 N. Birnh.9tmek. Suite #102 502 Lako Street. Suite #2 Soldotna.Alaska 99669 Xwai, Alasta 99611 (907) 262-1770 FAX 262-7166 (907)288.1890 PAX. 283-1695 1.800.664-1770 Email: broher2@tlreedomrealty.com rurmlFuanw mngor Yy 44a OV 9 PpeIUMN.T aeALTOR FOR CITY USE ONLY ,G, 4 Date/-WzeiTi nein Signature 11; .7 , qel ` i CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant TK, �rn, ve. LLC- 14stiwF--t�Lv I .- Address ?,0"%C,'f kol301 ' " C -Lk l 1t r4 -1-C. 9q[„ft2 Business Name and Address —'IWACO an 19-a� + LL(- 9'6-9)0'r vb3o S-tEtti. *jq c4v,. gq(,gt " Telephone gUrl-''(o0-1(500 hA`F gCfrl--01(00-1099 Kenai Peninsula Borough Sales Tax No. (if applicable) State of Alaska Business License No. (if applicable) 0 39.5 Legal Description Lo -r GL o eft 1 F -Ra S tL� . (4 P fd Tint Gq$ 3Lo(( Purpose of Proposed Lease _!Y\ . c+ , i I- �\jj Cajg � i111Y , vin ` )C I oo � Term of Proposed Lease l -O w Q t S. 7 T`t .tz e n l a5S Int �� Description of Proposed Development (type, construction materials, size, etc.) V'&*x 1- (Aitir-(Z4T '�f�aA�__RT100`xtao" -ro h\ot- Mt=AA. ii t= AtacRt-�-1-, tE GRPaNr aVi(iionJ Time Schedule for Proposed Development • Beginning Date V-dLL o G, • Completion Date (maximum of two years) S it IM M f g g q Estimated Value of Improvements $ G.o , 0, 000 APPLICANT'S SIGNATURE: sis�<`'c •� Date: 23 c APPLICANT'S SIGNATURE: Date: 1 POR. E7/2 SEC. 32, T06N, R11VV, S.M. H 043-360 i ISO susimuBom i FPO SUB NO 30KNma"g8 ® i i3^N65pUTi MONpKN0M0218 36pec I ! V NO 106 SUP SO(SU q 1 O87W35 ND 60KNO8lpp35 6nq NO BAR p 18 2D l SUPARY.OK FBO We NO SDM092W ` TAO sus NO 5oKN0920060 - O 4m ^ p39J 1 i : yC SUP Np ]OKN3pp I0Y iBU SUPNOMKNMUOp Ml M 6p ac 2 as a[ N 63.[ e y I,1� J 2 fac V fl 207a[ b 1 s 400 feet p9ac 10 - 1 inch equals 01- d gni i2ac mo 4 SEPI SL 3W1 p 1 89 ac 1 pp 09 '.4 lA-1 Ba.RON PA0.PARK6UBD FIRE nnJn ' 45, 1 I 1 1 8 p909 -ac © vJcs 1 09ac A Sa[ 41 a s 1 B O 09ac Q 9 BARON PARK KENAI V�UIH ADON _______________J p6JAI 1 ac y gY l A 2 1.11 ac 281 p p , ]RV A 991 ac ! 098• 2 53 9g 9 gp ___I__ _______ - 0 TR A W., 1096 ac in, 12 , ' 22 '-, � � PRO COOK INLET t______S______-i'; / INDUSTRjAL j "'+� BAROi RK SUBD'✓ISION / ff NO I G '' . AIR PARK ^B —ENERAL ---- _roo / �o, w•� '. AVIATION p,i _ . ' / � f CITY OF KENAI LEASE APPLICATION CIIECKLIST (All items must be completed before, a;)plication can be accepted.) Attach a development plan drawn to scale. Dra:min gs do not need to be prepared by an architect or engineer. Show the layout of the to . and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and location) 4. Site improvements • Areas to be cleared and method of disposal • Proposed gravel or paved areas • Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) — sign permit required 9. Fencing — permit required if height is over 6' I O.Curb cuts (where applicable) 11. Building height "C-_ (5+ WAL\,vwi? Ca N`C-RENO /_h6t 7C)'i'4 too "K oo C4'k>_ � g �6S��lCta1� CgxEauE Setow REscl`��oaJra w i1.�ai�elfi'r.Ett E4}i SSS.. "t/Ff4 �qM U M Nn.,E 0u Ce►jMt o Le•K ab fir= t t: " 12. FAA Form 7460 Notice of Proposed Constn-.cLon (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be down'.o: ded from the FAA website httn://www.alaska.faa.eov/aimorts. The site has a menu for forms. 2 CITY OF KENAI LEASE APPLICATION — CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. Zoning Light Industrial Permits Required: • Conditional Use Permit • Landscape Review • Building Permit • Sign Permit None Assessments Insurance Limits Required $500,000; Workers Comp Construction must begin by within 2 years of the effective date of the lease. Completion date for major construction within 2 years of the, effective date of the lease. Plannine Commission Anproval of Approval: Citv Council Approval THIS APPLICATION WILL BE MADE A PART OF THE LEASE 1 F B O SUBDIVISION g ZZ, .d P a n �^/� 'p 'i Fy �•�ti' o QO .ed � •1 ro / a 4 4 dB ,, .. . B �4� , .` ry5' R .., •ry�•� •� v C,�' eb�y byf 3 d 0 • Yq y 'T `� �. '��p8.r .. �\ N BB•' $�fwu J ems/ �tiC p4 a r� p b ��\/• 0., hV / \•Yum d \V P P t de V •� art De • thb' oey♦ 4 �.�/T� ♦ ffff � % GY�� 4• ------------- /aol rarer / m4111 T vaYa / ,a LEGEND AND NOTES: a...sur r aw..w. •.r xa...a Z ...® K.D'�49.f1:� Src r+rn.i oti.r yr w��. w.rr r ��� LGrarr —� tlJ 1! �•'ll nur arrwx "-- ---- _ FBO SUBDIVISION AL d Parcel Number: 04336011 PARKER • i. MARIE L 908 HIGHLAND AVE STE 1 KENAI, AK 99611-8033 Tca - 30 Ownership Code - 32 Property Type - R Acres - 0.9 Number of Structures - 0 Land Value - $44000 Exempt Amount - $0 '- • • • Parcel Lookup Usage Code - VA Voter District - K1 Structure Value - $0 Legal Description KN0780225 T06N R1 1W S32 FBO SUB LOT 11 BLOCK 1 Parcel Number: 04336011 Owner: KENAI CITY OF 210 FIDALGO AVE STE 200 KENAI, AK 99611-7794 Tca - 30 Ownership Code -32 usage Code - VA Property Type - R Acres - 0.9 Voter District - K1 Number of Structures - 0 Land Value - $44000 Structure Value - $0 Exempt Amount - $0 Legal Description KN0780225 T06N R11 W S32 FBO SUB LOT 11 BLOCK 1 This Parcel has no structures Return to Search Screen uu`-czi-ruuii rat u,7�4u nit rriteatim Reaity %enat itlA lilt, 1�Iuleti31D85 N, GU FREEDOM 7REALTY ❑ Main Office ❑ Sanai Office 170 N. Ehvh Street, Suite #102 502 Luke Street, Suits #2 9oldotua.Aluke.99869 Kanai,Aloaka99611 (807) 262.1770 rAS 262.7166 (907) 283.1690 FAX 283.1.695 1.800.654-1770 Email: broker8@freedomrealty.eom R%hard Koch, City Manager, City of Kenai Frei Braun acting as a 1kensed agent with Freedom Realty and representing Kenneth Duabadludeom Properties, LLC hereby acimowiedges provisions of chapter 21.10.020 paragraph (c) of the Leasing of Airport Lands. Mr. Braun will be representing and assisting Mr. Dunbar with the attached lease applications. Find Brawn i 3 a ,aen�.c�rr�ac+wcr. �� nYWX�VNiir RtAL70fl T�GETMFR WE CAH ill Clity of Kenai illi- lath Overview/Procedures Purpose: Together We Can! Provides funding in the form of mini -grants for residents, school programs and organizations to use for projects that will have an immediate, positive, and long-lasting effect for their neighborhoods [AND] in the City of Kenai. Mini -grants are intended to provide start-up funding for small innovative projects within the City of Kenai. Our goal is for families, neighbors and all members of Kenai to work together to build healthier neighborhoods, help kids succeed in school, and improve the quality of life for all residents. Who may apply: Youth, neighborhood groups, organizations, and individuals who have a desire to improve the quality of life in their community. How to avuly: Complete a Together We Can! Mini -Grant application. ADDlications may be submitted for review by Sentember 15. January 15, and Mav 15 ry of each vear. If September 15, Janua15 and Mav 15 are not regular Citv workdays. the submittal date shall be extended to the close of business of the next regular Citv workday. Types of Proiects: Only new or expanded proiects will be considered. Selection: Grant recipients will be chosen by the Steering Committee, appointed by the Kenai City Council. The Steering Committee will include the Mayor, Kenai Economic Development member, one representative each from Kenai Central High School and the Kenai Chamber of Commerce. Funding: The City of Kenai will provide funds in its [2005/2006) annual Legislative Budget for distribution. The maximum grant amount the Committee may award is $500. Grants larger than $500 must be approved by the Kenai City Council. Awards for funding are granted to Drior-aonroved Droiects only. [REVIEWd Protect Completion:Upon completion of the project, a report must be filed with the Together We Can! Steering Committee and the report will be submitted to the Kenai City Council explaining how the funds were spent and the outcome of the project. Procedures: Applications are submitted to the City of Kenai Together We Can! Steering Committee for review through the Kenai Citv Clerk. (Students' applications must be signed/approved by a teacher.) Upon approval of application and execution of Letter of Agreement, 90% of the grant funds will be issued through the Kenai Finance Department. A report will be given to the City Council of awarded projects. A written report must be submitted to the Steering Committee within thirty (30) [301 days of completion of the project. Council will present a proclamation [AT THE END OF THE PROJECT/FINANCIAL REPORTSI upon receipt of the completed pr.:�ect and financial reDorts. Awards: Projects most likely to receive funding are those that will benefit the community/neighborhoods the most. This includes projects that create the most visible and lasting change. Applicant: Applicant Address: Phone: Contact Person: Project Title: Project Start/End Dates: Total Project Cost: City Of Kenai Grant Number: Date Received: Date: Email Address: Phone: Amount Requested: Please check: ❑ 50I(c)(3) Non-profit Organization EIN# (New grantees should attach a copy of their IRS Letter of Determination.) L7 Society/Group* ❑ Individual* *There may be a tax liability for grant awards to non- exempt entities. Provide a brief description of your organization, society, group, entity, summarizing your mission, goals and objectives. For an individual, describe your involvement in the community and your experience/expertise as it relates to this project. (Attach separate sheet, if necessary.) 2. Describe the project for which you are requesting funding. Include a project timeline and an explanation of how the project will benefit the community. (Attach separate sheet, if necessary.) 3. Please complete a simple budget for this project. Grants over $500 must be approved by the Kenai City Council. ITEM COST STORE OR SUPPLIER* (Material or service needed to (Estimated cost of the items.) (where you will purchase this item complete vour protect. or service.) Total grant request: $ *The City requests material bought with City grant funds be purchased within the City of Kenai, if possible. 4. How will you know if your project is successful? 5. Have you received a City of Kenai Mini -Grant before? ❑ Yes ❑ No If yes, most current award: Project title: Project dates: Amount of grant: $ Compliance with Letter of Agreement? 7 Yes ❑No (If no, attach a current status of your project.) I certify the information contained in this application, including all attachments and support material, is true and correct. I understand the grant funds, if granted, will be used only for the project or purpose described in this application. I understand ninety percent (90%) of the funds approved will be provided in advance. The balance will be paid at the completion of the project and report filed with the steering committee. Signatory must be an authorized officer for an organization, building principal for a school. Student applications must also be signed/ approved by a teacher. Applicant Signature: Name Printed: Title: Approval Signature: Name Printed: Title: Date: (if applicable) (if applicable) "V illy e with a Past, C# with s ,x £' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us thecc�laf KENAI, ALASKA n To: City Council From: Rick Koch, City Manager V Date: July 28, 2006 Subject: SFY 2007, Department of Commerce & Community Economic Development Grant for $ 322,000 The purpose of this correspondence is to discuss priorities for the expenditure of the above -referenced legislative grant. The appropriating language identifies the scope of the project(s) as "City of Kenai roads, water and sewer". The Shamrock Circle LID is scheduled for a public hearing before you on August 16, 2006. If you decide to move forward with the LID, I recommend that $ 100,000 from this legislative grant be identified as the funding source. The cost estimate for the LID, including engineering and contingency is $ 8-0,500, I recommend the remaining S 222,000 of the grant not be allocated to any specific project, or projects until the City's 2007 capital improvement program is more fully defined. I expect this exercise to be complete by this November. Thank you for your attention in this matter. Cifa,' X—T.1 . is `om: Popp, Bill [BPopp@borough.kenai.ak.us] :nt: Tuesday, July 18, 2006 11:06 AM ro: Rick Koch Cc: Pat Porter (E-mail) Subject: Anti Meth Education Campaign Funding Request t; � anti Meth Campaign Tri Borough... Hello Randy, Earlier this year, at the last meeting of the Peninsula Conference of Mayors, the Kenai Peninsula Borough raised the prospect of a state-wide anti methamphetamine abuse education campaign and the need for local contributions to support this campaign. I am writing you today, on behalf of Mayor Williams, to seek the financial support of the City of Kenai for this campaign in the amount of $2,500. Attached is a letter from the Mayors of Anchorage and the Mat -Su Borough that explains in brief the plan for this campaign. We have the support of Senator Murkowski for obtaining matching federal funding and Mayor 'illiams now seeking local contributions from the Kenai Peninsula. I have been just tasked with seeking support from the cities of Homer, Seward, Kenai & Soldotna as well as Providence Health Systems, South Peninsula Hospital and Central Peninsula General Hospital to gather $50,000 in total commitments from within the Kenai Peninsula Borough. The Kenai Peninsula Borough, as a 2nd class borough, has not adopted powers that allow for a direct contribution from the Borough to this effort. In that light, Mayor Williams has directed that I seek out funding commitments/pledges from Borough and municipal entities to address this serious and growing community health issue. I am not seeking actual cash contributions at this time until we have worked out the mechanics of how these funds will be spent. In the attached letter, there is an outline of a planned oversight board that will address how the funds will be spent for the statewide education campaign. Mayor Williams deeply appreciates the consideration of this $2,500 pledge request to the City of Kenai. Methamphetamine abuse is a growing scourge in Alaska and it is Mayor Williams belief that if we do not begin to 1gressively educate our young people and the community at large now, we 11 pay a much higher price in the future dealing with the consequences _nat will surely result. Please let me know if I can provide additional information or clarifications 1 to you or ?nnz Board of Directors. Best regards, _ Bill Popp Special &ayiotauc to the Mayor Oil, Gas o Mining Liaison Kenai Peninsula Borough !44 N. a1okley Street Svldotoa, &K 99669 907-714-2335 fax 262-8616 � onokioletniIa^aa.noJ '/&uii Meth Campaign Tri Borough Commission Letter 05-31-06.pdf>> Matanuska-Susitna Borough 350 E. dahlia Avenue Palmer, AK 99645 (907)745-4809 May 25. 2006 The Honorable John Williams Mayor's Office Kenai Peninsula Borough 144 N. Binkley Soldoma, AK 99699 Dear Mayor Williams: Municipality of Anchorage 632 W. 6'" Avenue Anchorage, AK 99501 (907)343-7100 Boated From mayor's Officetu: GtorF Assembly legal y_ Finance Assessing .. Planning Roads SBB ng Purchasi Other We write to update you on our joint efforts to educate Alaskans about a tragic and growing epidemic across our state — the abuse of methamphetamine. As you know, meth is an extremely addictive drug which can lead to severe physical and mental problems - and even death. Meth -related arrests in Alaska are up 640 percent over the past six years and have nearly doubled in the past 24 months. This spring, Mayor Anderson discussed with you a local goverttment-sponsored initiative to educate Alaskans about this rampant problem. fie received funding commitments from the Municipality of Anchorage, Fairbanks North Star Borough, City and Borough of Juneau and Kenai Peninsula Borough. The Mat -Su Borough Assembly this week approved $50,000 at Mayor Anderson's request for this effort. In addition, state Rep. Jay Ramras of Fairbanks earmarked $100,000 for this meth education campaign, for which we generously thank him. Now, we need to launch a campaign. We have solicited a proposal for a meth education campaign from an experienced Anchorage expert and hope to review that this week. We envision a statewide campaign with brochures, broadcast public service announcements and materials for public schools designed to warn Alaskans of the dangers of meth abuse. 'there currently is no such wide -spread campaign underway in Alaska. The Municipality of Anchorage has agreed to handle the administrative aspects of the campaign. As we agreed with U.S. Sen. Lisa Murkowski when we met with her in March. we will again request that she secure matching federal funding for this important initiative. We also are seeking contributions from private retailers such as Wal-Mart, Carrs -Safeway, Fred Meyers and others who sell products containing "precursor drugs;" - pseudo ephedrine and ephedrine -based products - for legitimate medical purposes. We suggest such a campaign be overseen by a board composed of two representatives from each of the cities or boroughs contributing to this effort. Those representatives would include the mayor or a designee, and a health professional from your region with a working knowledge of meth problems. At your earliest convenience, please provide us the names of your appointees to the oversight board. At the same time, please tell us the level of support your community is willing to provide. so we can budget accordingly. We request you consider a $50,000 contribution. Thank you in advance for your assistance. We must join together to fight this new blight on Alaskans. Sincerely, �jl�-w1w Tim .Anderson Mayor Mark Begich Mayor cc: Representative Jay Ramras - Fairbanks Mayor Bruce Botelho — City & Borough of Juneau Mayor Jim Whitaker — Fairbanks North Star Borough \\ the i,y, ,III KENALALASKA "'Village wick a Past C# wA t ` lb 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us ON R mliot IMI Date: July 25, 2006 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager OY RE: Extension of Construction Schedule — Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park Attached is a letter from lessee David Schilling, on behalf of himself and Michael Schilling d/b/a Schilling Rentals. They are requesting a one-year extension of the construction completion date for the above referenced leased properties. A vicinity map is attached. Major construction was to be completed by December 9`h 2006. KMC 21.10.030 (b) (4) concerning the content of information to be provided on lease applications states, "The dates construction is estimated to commence and be completed (maximum of two (2) years)." The purpose of the lease is to construct office buildings. If the City Council wishes to extend the construction completion date for Lots 13 & 14, Cook Inlet Industrial Air Park to December 91h 2007, an Amendment to Lease can be prepared. Cc: David & Michael Schilling d/b/a Schilling Rentals Attachments /kh REC7": JULY 11,2006 t CITY OF KENAI To Whom It May Concern: ADMINISTP.ATION Re: Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park We would like to request an building extension for the above property. The completion date is now Dec, 2006. Due to family health problems we would like to extend it for one year to Dec 2007 and at that time we would move ahead with the planned development. Thank you David Schilling Schilling Rentals 10S TR. A / �3 11ti \ 8 \ 0 3 h� 7 9 ryg , I I oL / 6 � 8 A 7 6-B G�q� 5 !'� " 2 / y AlTF 6 / '0 6f C- 5 ^y ® Subject Jv 4-A 14 P Parcels 4 V 13 ^� �® 8 � Q \ �® 3 asi 7 ®® oh ® Fb 2 / TR. _ 1 V 10 5 8 7 9 4 6 5 s M%Ns� $ 1 4ss RFT 2 TR. D to 9 <®OARo �� 3 = tss KCNAI S UR Z12 atott 12 LEA KENAI LIBRARY COMM KENAI COUNCIL CHAT JULY 11, 2006 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- June 6, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Library Work Session/Proposed Expansion b. Discussion -- KMC 1.56, Kenai Municipal Library Department and Library Regulations and Policies/Review and Possible Updates. ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. Friends of the Library C. City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE BEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of June 7 and 21, 2006. ITEM 11: ADJOURNMENT REMINDER: Please. bring completed SWOT forms. „ , KENAI LIBRARY COMMSSION KENAI COUNCIL r 2006JULY 11, ,, BOB ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. DeForest, E. Bryson, B. Peters, C. Brenckle, C. Cook Commissioners absent: R. Gilman Others present: Council Member B. Molloy and Library Director M. Joiner A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- June 6, 2006 MOTION: Commissioner Brenckle MOVED to correct the June 6, 2006 meeting summary at Item 5-a, adding the word "distributed" after "as well as" and to approve the meeting summary as corrected. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion -- Library Work Session/ Proposed Expansion A general discussion related to the joint work session with Council and the proposed expansion followed. Comments included: • The work session was well attended, positive and the city manager would be reporting back to council at the July 19 meeting. • The Carr -Gottstein building option was less desirable because of estimated costs for renovation and that grant funds were not likely to be available. 0 City administration is investigating the availability of alternate sites. The city manager is considering implementing a city-wide survey related to the issue. Additional discussion included whether council could give a "head's up" to the Planning & Zoning Commission of the need for a location and eminent domain could used as a last resort. 5-b. Discussion -- KMC 1.56, Kenai Municipal Library Department and Library Regulations and Policies/Review and Possible Updates. The Commission reviewed all the comments and suggestions presented by the Library Director. Comments included: • The Commission's role in book selections was questioned. • Comparison to other city codes was suggested. • Adding a section for appeals was suggested. • Non-resident fees for use should be further discussed by the Commission. • Suggestion late fees should be left to the Director's discretion. • Suggestion the $2.00 fee for mailed notices and telephone calls be eliminated. Suggested changes/Kenai Municipal Code: • KMC 1.56.025 -- Materials may be loaned with picture identification; correct spelling of 'therefor.' • KMC 1.56.045 -- Add after fines -- in excess of $10. Eliminate everything after arrears. KMC -- All references to Librarian should be changed to Library Director. Suggested changes/Library Regulations: i Borrower's Cards -- Section b, change to check out 'two' items; after receiving card, no lir+t. • Fines -- Section c, change to $1.00 per day; change to late fees. • Service Charges -- Add DVD and videos at $25.00. • Service Charges - Eliminate 3(c). • Damages -- 5-a, add after "cover," "not to exceed the cost of replacement." • Eliminate no longer applicable. Suggested changes/Mission Statement: • Add "to" at the end of the mission of Kenai Community Library is... • Change "gather for meetings or performances to provide programs or performances." Take bullets off final two statements. r •, Commissioner Bryson MOVED to recommend the listed changes and Commissioner DeForest SECONDED the motion. There were no objections. SO ORDERED. LIBRARY COMMISSION MEETING JULY 11, 2006 PAGE 2 ITEM 6: NEW BUSINESS -- None. 7-a. Director -- Library Director Joiner reported the following: • Circulation in June increased by 13% over June, 2005. • There were approximately 11,000 peopled using the library in June. • DVD's are circulating much more than videos. 7-b. Chair -- No report. 7-c. Friends of the Library -- The Friends' newsletter was discussed. 7-d. City Council Liaison -- Council Member Molloy commented he believed the new city manager was potentially a good friend to the library. ITEM S: COMMISSION COMMENTS/QUESTIONS space. Hens -- Urged Commissioners to talk to council members about the need for Brenckle -- Noted a recent article in the newspaper and urged the membership not to discourage library use. Cook -- Likes the streamlining. Peters -- Was also encouraged by newspaper coverage. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of June 7 and 21, 2006. ITEM 11: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 9:20 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING JULY 11, 2006 PAGE 3 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA July 26, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items 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. *July 12, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-53 — Preliminary Plat — Coyle's Landing — Miller Replat. Plat submitted by Patrick Malone, P.O. Box 124, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-51 — a resolution of the Planning and Zoning Commission of the City of Kenai, Alaska. recommending to the Council that Title 14 be amended to establish a Central Mixed Use zone and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone, and updating portions of the Land Use Table at KMC 14.22.010. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ06-48 — Application for a home occupation permit for a daycare for the property known as Lot 1, Block B Woodland Subdivision #1, (601 Cedar Drive), Kenai, Alaska. Application submitted by Jan Stiers-DeGuzman, 601 Cedar Drive, Kenai, Alaska. b. Lease Application — Lot 2, Block 1, General Aviation Apron Sub. #1, Amended — Indcom Properties, LLC (Kenneth Dunbar) — Discussion and Recommendation. c. Lease Applications — Lots 9, 10, and 11, Block 1, F.B.O. Subdivision - Indcom Properties, LLC (Kenneth Dunbar) — Discussion and Recommendation. d. *PZ06-50 — Application for a home occupation permit for a sign design & production business for the property known as Lot 8, Block 3 Thompson Park Subdivision Addition #1, (205 Iowa Street #A), Kenai, Alaska. Application submitted by Julie English, 205 Iowa Street #A, Kenai, Alaska. Agenda Page 2 July 26, 2006 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. P&Z 2"d Quarter Resolutions b. City of Kenai Building Permits 2 a Quarter c. Code Violation Report d. P&Z Commission Roster (7/12/06) e. PZ06-52 — Landscape/Site Plan — 100 N. Willow Street — Indcom Properties, LLC f. "Zoning Bulletin" — July 10, 2006 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF ZONINGPLANNING & • • CHAMBERSKENAI CITY COUNCIL JULY 26, •0 i• CHAIR BARRY ELDRIDGE, PRESIDING Chair Eldridge called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: J. Jenckes. B. Eldridge, P. Bryson, R. Fullinck, J. Twait (arrived at 7:06) Commissioners absent: S. Romain Others present: Council Member R. Ross, City Planner M. Kebschull, Contract Secretary B. Roper 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda adding an updated Code Enforcement Second Quarterly Report which would replace Item l lc in the meeting packet. Commissioner Fulli.nck SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda Commissioner Fullinck MOVED to approve the consent agenda as submitted. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- July 12, 2006 Approved by consent agenda. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-53 - Preliminary Plat - Coyle's Landing - Miller Replat. Plat submitted by Patrick Malone, P.O. Box 124, Kenai, Alaska. MOTION: Commissioner Jenckes MOVED to approve PZ06-53. Commissioner Fullinck SECONDED the motion. Chair Eldridge opened the meeting to public comment; there were no comments. City Planner Kebschull reviewed the staff report and recommendations included in the meeting packet noting staff recommended approval only if the existing ten -foot utility easement would be vacated. Commissioner Twait arrived at 7:06 p.m. ,�• , I cir Commissioner Jenckes MOVED to approve PZ06-53 to include the recommendations of staff which will not approve the plat until the existing ten -foot utility easement vacation is approved. Commissioner Fullinck SECONDED the motion. For the record, Commissioner Bryson noted the arrival of Commissioner Twait and therefore abstained from voting on PZ06-53. VOTE ON MOTION TO AMEND: Twait Yes Jenckes Yes Romain Absent Eldridge Yes Bryson Abstain Fullinck Yes MOTION PASSED UNANIMOUSLY. VOTE ON ALAI"' ®MENDED MOTION: Twait Yes Jenckes Yes Romain Absent Eldridge Yes I Bryson Abstain Fullinck Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5a. PZ06-51 -- Recommending to the Council that Title 14 be amended to establish a Central Mixed Use zone and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone, and updating portions of the Land Use Table at KMC 14.22.010. Commissioner Twait MOVED to approve PZ06-51 and Commissioner Jenckes SECONDED the motion. PLANNING & ZONING COMMISSION MEETING JULY 26, 2006 PAGE 2 Kebschull reviewed the proposed resolution and noted the following: • The Commission is also approving the sign code to include the size. Staff will likely recommend against it to City Council if it is passed by the Commission. • The map is not included as it will become another step in the process after it is approved by Council; at that time it will come back before the Commission for a rezone and public hearing. The public hearing was opened at 7:13 p.m. Fred Braun, Freedom Realty, Kenai, Alaska -- Mr. Braun stated he supported the resolution. Public hearing closed at 7:15 p.m. Kebschull noted staff had an issue with the 64 sq. ft. size for a free-standing size, explaining there is quite a difference from the previous 120 sq. ft. now allowed in the Central District zone and the 220 sq. ft. allowed by multiple businesses. The Code was amended to accommodate the sizes because of the variances that were seen for signs in the zone and some of these were denied by the Commission and then overturned by Council. Eldridge stated, even if the sign height would remain the same, there would be many non -conforming signs; they could exist as long as they last; and, if revised, they would have to be resized. Kebschull agreed height would also be an issue and noted the Code always allows for a variance. The following comments were made by the Commission: • Jenckes stated he felt the 64 sq. ft. requirement should remain as a variance request is an option. • Bryson stated lie frit 64 sq. It. sign is acceptable if the business is in close proximity to the traffic. However, a number of the properties are 75 to 100 feet from the centerline and that size would be too small. Commissioner Bryson MOVED to amend PZ06-53 to change the sign size to 120 sq. ft. Commissioner Fullinck SECONDED the motion. VOTE ON MOTION TO AMEND: Twait No I Jenckes No Romain I Absent Eldridge No I Bryson Yes Fullinck Yes I •, ' • A I A Di Ill VOTE ON MAIN MOTION: PLANNING & ZONING COMMISSION MEETING JULY 26, 2006 PAGE 3 Twait Yes Jenckes Yes ( Romain Absent Eldridrre Yes Bryson Yes Fullinck Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. *PZ06-48 -- Application for a home occupation permit for a daycare for the property known as Lot 1, Block B Woodland Subdivision #1, (601 Cedar Drove), Kenai, Alaska. Application submitted by Jan Stiers- DeGuzman, 601 Cedar Drive, Kenai, Alaska. Approved by consent agenda. 7-b. Discussion/Recommendation -- Lease Application/Lot 2, Block 1, General Aviation Apron Sub. #1, Amended -- Indcom Properties, LLC (Kenneth Dunbar) - Discussion and Recommendation. Kebschull requested a typographical correction in the memo. The third sentence in the first bulleted paragraph should read, "Estimated value of the improvements is $300 - 400,000. Kebschull reviewed the memo included in the packet and stated, based on the information, it appeared the proposed lease complies with the City's zoning ordinance, Comprehensive Plan, Airport Master Pian, and is the highest and best use for the parcels. Fred Braun, Freedom Realty, Kenai, Alaska provided the following: He is a representative of applicant Kenneth Dunbar and provided a brief history of Mr. Dunbar and the various properties he owns in Kenai and his future plans for such properties. ® Dunbar's intent on Lot 2 is to build a hangar and noted the proposed plans will need to be tailored for the lots. The proposed size for this hangar is 40 x 216 x 14 high. Some of the units will, be heated. They believe there is a true need for hangars in the Kenai area. Bryson asked if the parcel would have roadway access, as it appeared from the map the parcel currently is landlocked. Braun indicated he was not sure about right-of- way or future access but, at this time the parcel parallels the existing parking area and would join the UPS lot. Bryson noted the City would like to retain the balance of the parcel and were currently constructing a gate on the west side of the parcel. PLANNING & ZONING COMMISSION MEETING JULY 26, 2006 PAGE 4 Commissioner Jenckes MOVED to recommend approval of the lease application for Lot 2, Block 1, General Aviation Apron Sub. #1, Amended - Indcom Properties, LLC Kenneth Dunbar and noted it appeared the proposed lease complies with the City's zoning ordinance, Comprehensive Plan, Airport Master Plan, and is the highest and best use for the parcels. Commissioner Bryson SECONDED the motion. VOTE: Twait Yes Jenckes Yes Romain Absent Eldridge Yes Bryson Yes Fullinck Yes MOTION PASSED UNANIMOUSLY. 7-c. Discussion/Recommendation -- Lease Applications/Lots 9, 10, and 11, Block 1, F.B.O. Subdivision - Indcom Properties, LLC (Kenneth Dunbar) - Discussion and Recommendation. Kebschull requested a typographical correction in the memo: the first bulleted paragraph, fifth line should read, "...$504,000 for the hangars." Kebschull reviewed the memo and noted the following: ® Based on the information provided, it appeared the proposed leases comply with the City's zoning ordinance, Comprehensive Plan, and are the highest and best uses for the parcels. Based on information provided in the lease applications for lots 9 and 10, it was unclear if the proposed use would comply with the Airport Master Plan. Lot 11 appeared to comply with the Airport Master Plan. Staff recommended, if the leases are approved, the leases require that any hangars built on Lots 9 and 10 must be used for commercial aviation type activities. Fred Braun, Freedom Realty, Kenai, Alaska -- Braun reported the following: • Currently there are negotiations underway with FedEx and UPS for Lots 9 and 10. He is certain they would meet the cargo criteria and added the buildings would have to be improved and tailored for those lots with different easements, etc. Lot 11, Grant Aviation is moving along quite well and it is their intent to relocate their headquarters from Bethel to Kenai. The development timeline includes Lots 9 and 10 to start the summer and fall of 2007 and Lot 11 is immediate. ® Braun commended the Airport Manager and staff providing Mr. Dunbar with a tour to the area and available lots. Fullinck asked if the proposed use would interfere with the airport boundary and Kebschull replied it did not and met the developmental goals. PLANNING & ZONING COMMISSION MEETING JULY 26, 2006 PAGE 5 Commissioner Jenckes MOVED to recommend approval of Lease Applications - Lots 9, 10, and 11. Block 1, F.B.O. Subdivision - Indcom Properties, LLC Kenneth Dunbar to include staff comments that based on information provided in the lease applications for Lots 9 and 10 it is unclear if the proposed use complies with the Airport Master Plan and, if approved, the leases require that any hangars built on Lots 9 and 10 must be used for commercial aviation type activities. It appears that Lot 11 complies with the Airport Master Plan. Commissioner Bryson SECONDED the motion. +*14316 Twait I Yes I Jenckes Yes I Romain ( Absent Eldridge I Yes I Bryson Yes I Fullinck Yes MOTION PASSED UNANIMOUSLY. 7-d. *PZ06-50 -- Application for a home occupation permit for a sign design & production business for the property known as Lot 8, Block 3 Thompson Park Subdivision Addition # 1, (205 Iowa Street #A), Kenai, Alaska. Application submitted by Julie English, 205 Iowa Street #A, Kenai, Alaska. Approved by consent agenda. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9-0. Cit.7 C^t:. ..l Co..m. Member Ross noted u.e meeting dgeridd dnd action taken at the last meeting was included in the packet. Commissioner Jenckes asked how the dipnet season affected the City and Ross replied it would impact the City with regard to revenue and sales tax. 9-b. Borough Planning -- Commissioner Bryson provided a report on action taken at the last Borough Planning meeting. 9-c. Administration -- Kebschull reported the following: • A barge working on the fiber optic cable will be purchasing approximately 6,000 to 7,000 gallons of fuel from the dock. items. Staff has been busy with building permits and subdivision plats. The lay down item would provide more information on Code enforcement There remains a vacant seat on the Commission. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None PLANNING & ZONING COMMISSION MEETING JULY 26, 2006 PAGE 6 ITEM 11: INFORMATION ITEMS 11-a. P&Z 2nd Quarter Resolutions 11-b. City of Kenai Building Permits 2nd Quarter 11-c. Code Violation Report 11-d. Planning & Zoning Commission Roster (7/12/06) 11-e. PZ06-52 - Landscape/Site Plan - 100 N. Willow Street - Indcom Properties, LLC 11-f. "Zoning Bulletin" - July 10, 2006 ITEM 12: COMMISSION COMMENTS & QUESTIONS Commissioner Twait asked if a phone number existed to call into the Chambers if a member would be late for a meeting. Kebschull said she would obtain the number and provide it to the Commissioners. Commissioner Jenckes indicated he may be absent from the next meeting. Chairman Eldridge stated he felt there are more areas that should be rezoned to Limited Commercial, specifically along the Spur Highway (Cliff Baker) to Tinker Lane. He stated he hoped to have those items on the agenda soon. Eldridge reminded the Commission they were also considered the Historic District Board and are tasked to look at buildings and structures in Old Town. Because items may come up in the future, he requested the Commission to become familiar with that section of the Code. Kebschull advised the specific code as KMC 14.20.105. ITEM 13: ADJOURNMENT MOTION: Commissioner Twait MOVED for adjournment and Commissioner Fullinck SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at 8:15 p.m. Minutes recorded and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING JULY 26, 2006 PAGE 7 Tlc Municipal Advisory Group Resolution 2006-07 A Resolution supporting the removal of municipal and A.S. §43.56 Tax Concessions on gas properties until project sanction for any proposed North Slope Natural Gas Pipeline. A. Whereas, the intent of the Stranded Gas Development Act is to provide for a mechanism for achieving the fiscal certainty that potential project sponsors indicate they need before proceeding with the large investment needed to bring Alaska North Slope gas to market; and B. Whereas, the proposed contract between Governor Murkowski and the producers under the Stranded Gas Development Act has now been released in full; and C. Whereas, the proposed contract provides significant changes in the present taxation of A.S. 43.56 gas properties currently taxed in Alaska that would restrict or eliminate the collection of property taxes on those properties on behalf of local municipalities by the State of Alaska prior to project sanction; and D. Whereas, the proposed contract provides significant changes in the present municipal sales, property and other related taxation that will reduce or eliminate the ability of local municipalities to collect taxes on SGDA Project related properties and companies prior to project sanction; and E. Whereas, the Stranded Gas Act Municipal Advisory Group has expressed through MAG Resolution 2004-01 that "No reduction or deferral in municipal taxes is acceptable without appropriate justification from the State of Alaska and the project sponsor"; and F. Whereas, the Stranded Gas Act Municipal Advisory Group has expressed through MAG Resolution 2004-02 that "No property that is taxed under AS 29.45 or AS 43.56 prior to the start of construction of an Alaska Natural Gas Pipeline should receive a tax deferral/exemption under a SGDA contract"; and G. Whereas, under the currently proposed SGDA contract, both municipal taxation authority and the taxation of A.S. 43.56 gas properties would be significantly restricted or eliminated prior to project sanction; and H. Whereas, to preclude affected municipalities from the ability to collect municipal taxes or A.S. 43.56 tax revenues places an unfair and unjustified burden on local municipalities that will impair those communities ability to prepare for and mitigate the likely social and economic impacts that will result from the construction of a North Slope Natural Gas pipeline. NOW, THEREFORE, be it resolved by the Municipal Advisory Group that: 1. The Municipal Advisory Group recommends the proposed SGDA contract be modified in accordance with MAG Resolution 2004-02 to eliminate all provisions that restrict or reduce municipal taxation of gas properties and the collection of A.S. 43.56 property taxes prior to project sanction. Approved by vote of. Cities of Delta Junction, Fairbanks, Kenai, North Pole, Seward, Skagway, Valdez; Fairbanks North Stat Borough; Haines Borough; Kenai Peninsula Borough; North Slope Borough; Tanana Chiefs Conference. Not voting: Municipality of Anchorage. Municipal Advisory Group Resolution 2006-07: Approved Municipal Advisory Group Resolution 2006-08 A Resolution supporting the removal of municipal and A.S. §43.56 Tax Concessions until commencement of commercial operations for any proposed North Slope Natural Gas Pipeline. A. Whereas, the intent of the Stranded Gas Development Act is to provide for a mechanism for achieving the fiscal certainty that potential project sponsors indicate they need before proceeding with the large investment needed to bring Alaska North Slope gas to market; and B. Whereas, the proposed contract between Governor Murkowski and the producers under the Stranded Gas Development Act has now been released in full; and C. Whereas, the proposed contract provides significant changes in the present taxation of A.S. 43.56 oil properties currently taxed in Alaska that would restrict or eliminate the collection of property taxes on those properties on behalf of local municipalities by the State of Alaska prior to project sanction; and D. Whereas, the proposed contract provides significant changes in the present municipal sales, property and other related taxation that will reduce or eliminate the ability of local municipalities to collect taxes on SGDA Project related properties and companies prior to project sanction; and E. Whereas, the Stranded Gas Act Municipal Advisory Group has expressed through MAG Resolution 2004-01 that "No reduction or deferral in municipal taxes is acceptable without appropriate justification from the State of Alaska and the project sponsor"; and F. Whereas, the Stranded Gas Act Municipal Advisory Group haS expM.-Sed through MAG Resolution 2004-02 that "No property that is taxed under AS 29.45 or AS 43.56 prior to the start of construction of an Alaska Natural Gas Pipeline should receive a tax deferral/exemption under a SGDA contract"; and G. Whereas, under the currently proposed SGDA contract, both municipal taxation authority and the taxation of A.S. 29.45 and A.S. 43.56 oil properties currently subject to taxation would be significantly restricted or eliminated, contrary to the MAG recommendation in MAG Resolution 2004-02; and H. Whereas, to preclude affected municipalities from the ability to collect municipal taxes or A.S. 43.56 tax revenues places an unfair and unjustified burden on local municipalities that will impair those communities ability to prepare for and mitigate the likely social and economic impacts that will result from the construction of a North Slope Natural Gas pipeline. Municipal Advisory Group Resolution 2006-08: Approved _ NOW, THEREFORE, be it resolved by the Municipal Advisory Group that: The Municipal Advisory Group reiterates its 2004 recommendation that the SGDA contract should include no provisions to exempt or defer taxes on oil and gas properties that are currently subject to municipal taxation; 2. The Municipal Advisory Group recommends that if, notwithstanding this recommendation, the legislature amends the Stranded Gas Development Act to allow an exemption, deferral or reduction of taxes for oil properties, the SODA contract should include no provisions that would exempt, defer, or reduce taxes on existing oil and gas properties prior to the commencement of commercial operations of the gas pipeline. Approved by vote of: Cities of Delta Junction, Fairbanks, Kenai, North Pole, Seward, Skagway, Valdez; Fairbanks North Star Borough; Haines Borough; Kenai Peninsula Borough; North Slope Borough; Tanana Chiefs Conference. Not voting: Municipality of Anchorage Municipal Advisory Group Resolution 2006-08: Approved Municipal Advisory Group Resolution 2006-04 A Resolution supporting amendments to the Governor's Proposed Amendments to the Stranded Gas Development Act. A. Whereas, MAG Resolution 2004-05 recommended a stranded gas contract include provisions to ensure that "Payment in Lieu of taxes must fund impacts of gas pipeline construction with phasing appropriate to provide funds for specific service delivery;" and B. Whereas MAG Resolution 2004-05 recommended that "Apart from construction or revenue PILTs, the State of Alaska Legislature and Administration should provide financial assistance to impacted communities not receiving a revenue PII.T." and C. Whereas, MAG Resolution 2006-01 recommended that legislation clarifying the Stranded Gas Development Act be amended to address the mechanism for distribution of impact payments; and D. Whereas, the Governor proposed amendments to the Stranded Gas Development Act in Senate Bill 3002 to address the MAG concerns about impact payments to revenue affected and economic impacted municipalities; and E. Whereas the legislation as introduced requires clarifying amendments to on behalf of local municipalities by the State of Alaska prior to project NOW, THEREFORE, be it resolved by the Municipal Advisory Group that: 1. The Municipal Advisory Group recommends that Section 2 of the proposed legislation be amended to read Sec. 2. AS 43.82.505 is amended to read: Sec. 43.82.505. Payments to economically affected municipalities and communities. If the commissioner executes a contract under AS 43.82.020 that will produce one or more economically affected municipalities and communities, the commissioner shall include a term in the contract that provides for [A PORTION OF THE] periodic impact payments to the state that may be annromiated to the Alaska natural eas nineline construction impact fund established in (c) of this section to. benefit the economically affected municipalities and communities under the principles in AS 43.82.520. 2. The Municipal Advisory Group intends that impact payment funds be available both to municipal governments that extratetritorially serve areas of the unorganized borough, and to nonprofit organizations that serve areas of the unorganized borough, and recommends an amendment to the Stranded Gas Development Act to that effect. Municipal Advisory Group Resolution 2006.09: Approved The Municipal Advisory Group recommends that Section 3 of the proposed legislation be amended in subsection (g) to read: (g) grant money received under this section may not be used for the retirement of municipal debt unrelated to pas nineline impact. Approved by vote of: Cities of Delta Junction, Fairbanks, Kenai, North Pole, Seward, Skagway, Valdez; Fairbanks North Star Borough; Haines Borough; Kenai Peninsula Borough; Municipality of Anchorage; North Slope Borough; Tanana Chiefs Conference. Municipal Advisory Group Resolution 2006-09: Approved - - Municipal Advisory Group Resolution 2006-10 A Resolution Relating to Local Hire Provisions of the Draft Stranded Gas Fiscal Contract A. Whereas MAG Resolution 2004-06 stated residents should benefit from natural resource development by having access to both construction and operation jobs of the AIaska Natural Gas Pipeline; and B. Whereas there is a direct correlation between the number of Alaska residents hired for the construction of the Alaska Natural Gas Pipeline project and the need for new municipal services; and C. Whereas AS 36.10.007 states "It is the policy of the state that, to fulfill the duty of loyalty owed to its citizens and to remedy social or economic problems, the state will grant an employment preference to residents when the state is acting as a market participant;" and D. Whereas the Stranded Gas Development Act (AS 43.82) calls for the qualified applicant under the act to comply with all valid laws relating to hiring Alaska residents and contracting with Alaska businesses to work on the project and not to discriminate against Alaska residents or Alaska businesses; and E. Whereas the SGDA and the proposed contract under the SGDA have provisions that call for the employment of Alaska residents where residents are available, competitively priced and qualified; and F. Whereas the realization of maximum local hire can be of substantive benefit to the communities of Alaska and the companies involved in construction, operations and maintenance of an Alaska Natural Gas Pipeline; and G. vinccreas competitive wages need to be established within the context of construction projects in the state of Alaska; Alaska residents should receive wages commensurate with their skills and experience, not the lowest bid from out-of-state workers. NOW, THEREFORE, be it resolved by the Municipal Advisory Group that: 1. The Municipal Advisory Group recommends the State of Alaska should re -negotiate the Alaska hire sections of the proposed contract to strengthen local hire provisions. 2. The Municipal Advisory Group recommends the contract should include strong wage protections for Alaska workers to ensure that Alaska workers benefit foremost from the economic growth brought on my developing Alaska's natural gas reserves. Approved by vote of: Cities of Delta Junction, Fairbanks, Kenai, North Pole, Seward, Skagway, Valdez; Fairbanks North Star Borough; Haines Borough; Kenai Peninsula Borough; Municipality of Anchorage; North Slope Borough; Tanana Chiefs Conference. Municipal Advisory Group Resolution 2006-10; Approved Municipal Advisory Group Resolution 2006-11 (Revised 07-24-06) A Resolution Recommending Full Consideration of the Draft Stranded Gas Fiscal Contract and Amendments to the Stranded Gas Development Act A. Whereas, the State of Alaska administration reached agreement with BP Exploration (Alaska), ConocoPhillips Alaska and ExxonMobil Alaska on an Alaska Stranded Gas Fiscal Contract; and B. Whereas, the Governor released the draft fiscal contract for public review on May 10, 2006; and C. Whereas, the Municipal Advisory Group passed several resolutions in 2004 and 2006 related to terms of the fiscal contract that affect municipal operations, taxation and revenue; and D. Whereas, the Legislature has not yet approved amendments to the Stranded Gas Development Act necessary to allow the current draft of the fiscal contract to comply with the law; and E. Whereas, the Municipal Advisory Group has continued to review the provisions of the proposed fiscal contract and amendments to the Stranded Gas Development Act as submitted by the Governor to the Legislature; and F. Whereas, the Municipal Advisory Group wants to ensure there is sufficient time for the Legislature and the Administration to thoughtfully consider and satisfactorily address the issues raised by the Municipal Advisory Group; and G. Whereas, the scheduled statewide Primary Election in August and the General Election in November create pressure for current legislators to spend more time in their districts, reducing the potential time available for deliberate consideration of issues that will affect state and municipal governments for the next five decades; NOW, THEREFORE, be it resolved by the Municipal Advisory Group that: 1. The Municipal Advisory Group urges the Governor and the Legislature to consider the amendments to the Stranded Gas Development Act and the draft fiscal contract and ensure there is sufficient time to fully address municipal concerns; and 2. The Municipal Advisory Group recommends the Legislature conduct a full deliberative process that includes further opportunities for Alaska citizens to comment via committee meetings and hearings. 3. The Municipal Advisory Group urges the Governor and the Legislature to take action on the amendments to the Stranded Gas Development Act and the draft fiscal contract into the first session of the 25th Legislature if necessary. Voting for: Cities of Fairbanks, North Pole, Skagway, Valdez; Fairbanks North Star Borough; Haines Borough; Municipality of Anchorage; Tanana Chiefs Conference. Voting against: City of Delta Junction, City of Kenai, Kenai Peninsula Borough, North Slope Borough. Not voting: City of Seward. Municipal Advisory Group Resolution 2006-11 the --# o f l% KENAI, ALASKA To: City Council nV1llaJ e W1 a Past, C1 / W1tk t K. lly From: Rick Koch, City Manager VP Date: July 24, 2006 Subject: Community Polling 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us The purpose of this correspondence is to provide information regarding a scientific poll of residents of Kenai to determine opinions on various subjects. I spoke with Marc Hellenthal of Hellenthal & Associates today. You may recognize the name as his firm conducts a large volume of research polls, especially during the election season. I told Marc we were looking to conduct a research poll consisting of 6-10 questions, vtih, n had not yet been determined, other than several regarding community support ti7r investment in the Library and road improvements. He told me that polls are more or less expensive based on the type of data you are looking to generate. He used as an example; if within the city limits of Kenai you want polling data specific to neighborhood, by age, etc, it would be expensive. If you are looking for polling data that is more general it is less expensive. The following is the information he gave me regarding accuracy of a poll: Margin of Error 4% 5% 6% 7% 8% Number of Respondents 600 384 267 200 150 Page 2 Memo to Council July 24, 2006 He also told me that based on what I had told him regarding our proposed research he felt the cost would probably be in the $ 10 - S 15 range per survey. So for a poll consisting of 6-10 questions, with a margin of error of 6%, the cost would be from $ $ 2,670 to $ 4,005, dependent upon length of questions. Thank you for your attention in this matter. \ thec"�Yaf // KENAI, ALASKA July 24, 2006 "'V llag e with a Past, Gi fi1 / witi K'' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 Mr. Patrick F. Truitt, Vice President AAI Services Corporation 318 Clubhouse Road, Suite 1010 Hunt Valley, MD 21030 www.ci.kenai.ak.us Subject: Management Agreement dated October 8, 1998 between the City of Kenai and AAI Engineering Support Inc. (Now AAI Services Corporation) & Lease dated November 6, 1997 for the approximate one acre of land in the Baron Park Subdivision Park Subdivision on which AAI Structural Fire Trainer and Industrial Fire Trainer are Located Dear Mr. Truitt: The purpose of this letter is to confirm our conversation following my receipt of your letter of April 19, 2006. The City appreciates the past relationship with AAI and the level of cooperation offered in your correspondence. We are keenly interested in having both yourself and your Controller travel to Kenai to brief the city regarding the facility's operations and potential. About a month ago we discussed this item and you thought late in July may be a possibility. Can you contact me at your convenience to try to establish another time for your visit. In advance of your visit, it would be greatly appreciated if you would transmit the financial records for the PRISM facility over the past three years. This will provide us operation & maintenance costs, costs of labor, costs of contract instructors, and profit/loss, allowing us to move forward with formulating a plan for the continued operation of the facility. Your letter of April 19`h offered to sell to the City of Kenai AAI's trainer assets and other items of equipment for $ 250,000. The City agrees to purchase AAI's trainer assets and other items of equipment contingent upon agreed upon terms and conditions of sale, a total asset inventory and the approval of city council. I have spoken with city council regarding the purchase of AAI's assets and the council has expressed their approval. Page 2 Letter to Mr. Truitt July 24, 2006 Thank you for your attention in this matter, and I look forward to speaking with you at your earliest convenience. Sincerely, CITY OF KENAI Arg Rick R. Koch City Manager the eiy of // KENASKA July 26, 2006 "Village wick a Past, City with a, ® I Ms. Janie Odgers, Executive Director Kenai Chamber of Commerce 402 Overland Kenai, AK 99611 Subject: Old Town Kenai Dear Ms. Odgers: 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us The purpose of this correspondence is to acknowledge receipt of your letter dated July 6, 2006 (received by fax July 17, 2006), and to discuss items contained in your letter. Chamber Item One: Address Property Ownership — It was the consensus of the group present that the Historical Area of Old Town should not be expanded. Response — To the best of my knowledge there is not any discussion ongoing regarding the expansion of the historical area. By copy of this letter Council will be made aware of your concern. Chamber Item Two: Address Historical Priorities and Options 1. Individual Buildings should be encouraged to become historical Response — It is unclear to me what you are asking for, please see attached a memo from Ms. Kebschull to me that explains this in greater detail. 2. Lot 16 that houses the Fine Art Center and Old Library Response — The correct legal description of the property is lot 3, block 17 Page 2 Letter to Janie Odgers July 26, 2006 a. — Encourage Planning & Zoning to dedicate this property as the "historical area" and allow The Kenai Historical Society to move Clarence Ladd's historic cabin here. Thus this area would become a small historic hub. Response — I am unsure what is meant by "historical area". I am assuming that You mean "historical zone", as I believe that is what you meant in your item number one. This property is presently outside the historical zone, and your item number one said the group did not want the historical area of Old Town expanded, so it is unclear what you may be requesting. The planning and zoning commission cannot dedicate property as you request. Please see attached a memo from Ms. Kebschull to me that explains this in greater detail. The city has not received a request from the Kenai Historical Society requesting permission to place the Clarence Ladd historic cabin on Iot 3 block 17. I earlier received a request that the city undertake moving the Ladd cabin, and my recommendation to the council was to not fund the moving of, nor take possession of the Ladd cabin. If the Kenai Historical Society, as owners of the Ladd cabin, requested permission to place the cabin on city property I would require a plan showing how the cabin would not become a maintenance and operations burden, or a legal liability to the city. b. The children's park needs to be upgraded Response — I suggested that you contact Bob Frates about this issue, and assume you have done so. c. Remove the driveway, it doesn't appear to be dedicated, grass or?this area. Response — You are correct the driveway that separates the buildings from the playground area is not a dedicated right-of-way. If the Historical Society and Peninsula Art Guild would like this roadway obliterated and landscaped with topsoil & seeding they need to contact me and I will speak with our Parks and Recreation Department about accomplishing the work. Page 3 Letter to Janie Odgers July 26, 2006 3. A new survey of Old Town by the Historical Society should be encouraged. Response — A survey of the Kenai Townsite Historic District and adjacent area was completed in 1996. As part of our yearly Certified Local Government report, any modifications to the survey are reported. No additional structures have been identified as historical and given Alaska Heritage Resources Survey (AHRS) numbers since the survey was accomplished in 1996. Are you aware of other buildings that should have been included in our yearly Certified Local Government report? a. New signs need to be added. Response — Please tell me specifically what new signs your group recommends be added. b. Allow signs that also designate buildings that aren't historical Response — Is there a conflict with our code requirements as it presently provides for allowable signs? If so, specifically what is the conflict? c. The walking tour map needs to be updated by the Visitors Center, would like to see the map have all of the buildings on it including some stories. Response — Are you asking the City to fund the manufacture of new walking tour maps on behalf of the Visitors Center? Are you requesting the Visitors Center manufacture new maps? The present city budget does not contain funding for new walking tour maps. Item Three: Address the needs of Old Town 1. Beach Problems with Dipnetting a. Address the waste that is left on the beach from the fish, either with dumpsters or a grinding station. Response — This is a difficult issue. Most fish waste in a relatively short time is washed away with the tides. Though a varying amount remains at the tide line, usually remaining for a short period(week) after the dip net fishery has closed. On the north shore the city is limited by code, as we are not able to use motorized vehicles other than for enforcement and/or emergencies. It is my intent to request a change to the code allowing the city to use motorized vehicles in the dipnetting Page 4 Letter to Janie Odgers July 26, 2006 areas. In the event that fish waste was determined to be a serious problem this may allow access to address the issue. b. What is the money raised from User Fees from Dipnetting used for? Response — Fees collected from dipnet user fees are deposited as revenue into the general find. The general fund appropriates funds to pay for full-time and temporary law enforcement employees & support, refuse collection, permanent and temporary sanitation facilities, parking lot construction & maintenance, road maintenance, temporary Parks & Recreation employees, Department of Finance support, and Department of Public Works support. c. Parking is also an issue, the Hansen Park needs more parking, adjacent or a parking area should be set aside where people could walk to the park and watch the fishing. This problem is all summer, not just fishing season. Response — There is no funding allocated for increased parking at Hansen Park in the present budget. We will look at the park and surrounding areas to determine the feasibility of increased parking areas. 2. Signage a. Large sign needs to be at the corner of Main Street Loop and Kenai Spur. This sign should include details regarding Historic Old Town, Kenai Fine Art Center, Church... etc business -OR -a large sign going across Main Street Loop "Welcome to Old Town". Response — There is no funding in the present budget for this type of sign. The Mayor has brought up an "arch" sign delineating Old Town which includes information on properties & businesses. If you have suggestions as to the appearance/information to be included on a "gateway" sign, please submit it to me. I expect this may be an item during the FY 2008 budget discussions. b. Speed Limit Signs Response — I have instructed our public works department to determine if additional speed limit signs are required. Page 5 Letter to Janie Odgers July 26, 2006 c. RV Park — directing traffic to the RV Park (Map will be provided) Response - Please see attached a memo from Ms. Kebschull responding to this item. 3. Beautification a. Benches along the walking trail, trash cans near by. Response — I agree that more benches are needed throughout the city, not just Old Town. We are presently looking at the feasibility of a sidewalk/lighting project in Old Town using State of Alaska grant monies. It may be possible to add benches to the project. b. Flower Boxes Response — This is unclear. Are you asking the City to install flower boxes, or businesses & residents. If the city, in what specific locations are you recommending? c. More lights, similar to the lights around Old Town (by church), could put them in without lights in them as most tourism is in the summer when the lights shouldn't be needed. Response — Please provide information regarding specific locations where lights should be placed. This could be a component of the proposed sidewalk/lighting proj ect. d. Children's park needs to be cleaned up (I have already spoke with the Lions Club and they are willing to help clean this up. They suggested that the basketball hoop and pole be taken down and a hopscotch be professionally painted in its place and they can also do — the neighbors find that having older children with younger children is not a good mix) Response — I believe you have already contacted Bob Frates regarding the Lions Club involvement and received approval. I suggest you speak with Bob Frates, and/or the Parks & Recreation Committee regarding your suggestion about the basketball hoop & hopscotch. I will forward a copy of this correspondence to Bob Frates as well. Page 6 Letter to Janie Odgers July 26, 2006 4. Growth a. Continued growth in Old Town, encourage small businesses and homes. Response — This is a policy direction and this correspondence will be copied to Council. b. Tax Incentives for those who own property. Response — This is a policy direction and this correspondence will be copied to Council. d. Clean up the area Response — Are there specific lots and/or areas that you believe require attention? Specifically what kind of clean-up do you mean, junk cars, dead trees, bad sidewalks, etc.? Janie, I hope I addressed some of the issues you raised. There were a number of comments contained in your July 6`h letter I was unable to determine precisely what your question might be. I believe I have identified those and asked for further clarification. Thank you for your attention in this matter. Sincerely, FcNAI City Manager Attachments: Memo from Kim Howard to Rick Koch dated July 20, 2006 Memo from Marilyn Kebschull to Rick Koch dated July 25, 2006 Cc: Kenai City Council Marilyn Kebschull Kim Howard Keith Komelis Bob Frates Mya Renken \� theC#of �/ KENAI. ALASKA "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us • r 1 Date: July 20, 2006 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager RE: Chamber of Commerce Letter dated July 6, 2006 You asked for comments regarding the above referenced correspondence. A brief history of the leased buildings on the parcel follows. The City owns Parcel 04710105, Lot 3, Block 17, Original Townsite of Kenai. There are two buildings on the property. The building that was formerly the Kenai Community Library (west side of lot) is leased to the Kenai Historical Society along with the grounds immediately adjacent to allow ingress and egress. The lease is tenancy at will, subject to cancellation by either party with 30 days notice. Rent is $1.00/year. The lessee is responsible for keeping the premises in good repair. The purpose of the lease is for "Community activities, including meetings and special events of lessee and other non-profit organizations." In September of 2005, Council approved a sublease to the Messianic Fellowship of Kenai. The Peninsula Arts Guild leases the former fire hall and jail building, under basically the same terms, except the lease expires June 30, 2015. The purpose is to provide a building to house the Fine Arts Center for the benefit of the community. KMC 22.05.090 allows for city -owned property to be retained for a public use by ordinance. I don't have a record showing that this property has been dedicated by ordinance. The buildings are listed in the Kenai Townsite Historic District Survey Report that was prepared in 1996. Marilyn Kebschull can provide additional information regarding the study. Bob Springer issues sign permits. The dip net committee could address the concerns about beach problems with the dip net fishery. Bob Frates should be helpful with the park and beautification issues. Cc: Marilyn Kebschull, Planning Administrator j ""Village with a Past, C# with a Future'® 210 Fidalgo Avenue, Kenai, Alaska 99611-7794bcftd . Telephone: 907-283-7535 / FAX: 907-283-3014 1992 Me u� of KENAI, ALASKA MEMONN TO: Rick R. Koch, City Manager FROM: Marilyn Kebschull, Planning Administrator THRU: Jack La Shot, Public Works Manager DATE: July 25, 2006 SUBJECT: Chamber of Commerce Letter dated July 6, 2006 At your request, the following comments are offered regarding the Chamber of Commerce letter dated July 6, 2006: Under Item Two: 1. "Individual buildings should be encouraged to become historical." It is unclear what they mean by historical, it is assumed that the letter refers to the character of the building since when a building reaches 50 years old, by definition, it may be considered a historical structure. 2a — The Planning and Zoning Commission cannot dedicate property as recommended. The Commission may make recommendations to Council to rezone an area. However, since in the initial statement they noted that they agreed that the historical area of Old Town should not be expanded, I don't believe they are recommending a rezone of the parcel. The P&Z Commission does not have the authority to "allow the Kenai Historical Society to move Clarence Ladd's historic cabin..." If the City decided to move the cabin to the lot, a building permit could be obtained through the Building Official. 2b — No comment. 2c — the driveway is not platted. 3. "A new survey of Old Town by the Historical Society should be encouraged." A survey of the Kenai Townsite Historic District and adjacent area was completed in 1996. As part of our yearly Certified Local Government report, any modifications to the survey are reported. No additional structures have been identified as historical and given Alaska Heritage Resources Survey (AHRS) numbers since the survey in 1996. 3a — The walking tour signs were purchased as part of a grant. In 2002 we replaced one sign that had been stolen. The cost for a complete replacement was approximately $1000. To cut the costs, our maintenance employees performed most of the labor-intensive work on the sign and we purchased the routered sign board and plaque. This cut the cost approximately in half. Costs to add additional signs should be considered as well as maintenance of the signs. The maintenance department currently removes and stores the signs every fall and reinstalls them in the spring. 3b — As noted above, the current signage was produced as part of a grant through the Office of History and Archaeology. The grant was written specifically as an educational project for the historical buildings in the District. It is unclear what funding source may be available for additional signage. 3c — The walking tour map was on of the last projects completed as a joint venture between the Townsite Historic Board and the Visitor's Center. Initially,. the City assisted with funding for the brochures. I am not sure how they are funded now. Adding stories to the brochure would make them much larger and add to costs for production. Under Item Three: 2 a — The City could place a sign at a central location to identify the area as a public informational sign. 2c— T he R`v' Park sign would be considered an off -premise sigh and would require a variance. An alternative may be one of the informational -type signs that you see along the state rights-of-way for camping, etc. The City could place this type of sign. 3c — The lights along Mission Avenue and Petersen Way were part of a street project. The light fixtures were fairly expensive. Keith Kornelis could possibly provide more information about the costs of these fixtures. Attached to this memorandum are copies of the information contained in the Kenai Townsite Historic District Survey mentioned by Ms. Howard. Both the Civic League Building and the Kenai Firehall and Jail are identified as historic structures in the survey and have been issued AHRS numbers. The issues in the letter regarding parks and beautification should be directed to Bob Frates. The issue of cleaning up the area has been discussed for some time and there has actually been some improvement over the years. Tax incentives have also been discussed not only for this area but to encourage development in the City in general. Larry Semmens and Cary Graves can possibly provide input as to the implications of tax incentives for specific areas or specific types of development. cc: Kim Howard, Assistant to the City Manager Man#: J AAHgSi KEN -281 Property Tvoe: Other: Government Pronertv Name: Civic League Building Address: 818 Cook Avenue Legal Description: Original Townsite, Lot 3, Block 17 Q.te of Capstru9-ti2n• 1954 ... .. .«. Description: The frame building measures 601 by 2812". It sits on a concrete perimeter sill, The roof is a gable covered with standing - seam metal roofing. The eastern section of the roof (approximately one-quarter of the whole roof) has a higher ridgeline and greater roof overhang than the corresponding western section. Roof extensions protect two single doors on the facade (west elevation). Siding is asbestos shingle. Five large jalousie windows admit light into the facade of the western portion of the building. A similar window is cut into the eastern portion of the south elevation. HHistory and Phvsical Chances: The building was constructed in 1954 with volunteer labor. The J. H. Pomeroy Construction Company (the construction contractor for the Wildwood Army Base) donated building materials. The property served as a community center, housing many public facilities and groups. The public library and courthouse were located here, and the building was also used for church services and as a schoolroom. Evening meetings such as the Civic League (forerunner of today's city management) and Homemakers Club were held in the building. When Kenai incorporated in 1950, the west end of the Civic League building provided heated storage for the city's fire truck. The two east rooms housed the health nurse and the first city offices. A preschool now operates in the building. ..- Integrity: N/A; the buildings exterior appearance has changed only slightly from its original appearance, however. Associated Hstoriic TJ=e: None; associated with Kenai's Post -War Community Growth period. .w" fi- 'r• _ .fig 149 rq butina/Non-contributina:_ Since the Kenai Civic League building : yet fifty years old and initial research did not provide ce of Exceptional Importance by National Register standards, it not be a contributing property if located within the KTHD. Its nd style are incompatible with historic buildings in the KTHD. ical sianificance:, This property is an excellent example of a pal building constructed during the period of community growth ai that followed World War II. 150 _ . pro;--txrro Figure 64. Kenai Civic Center, south elevation, c.1954 courtesy Peggy Arness. Photo Figure 65. (former) Kenai Civic Center, (now) Kenai Co-operative Pre - School, south elevation, 1995. Photo by S.H. Elliott. Map#: K AHRS#: KEN -292 Pronerty TvrL� Other: Government property Name Kenai Firehall & Jail Add=s: 816 Cook Avenue La D grriotion: original Townsite, Lot 3, Block 17 pAte of ConStrUC tion: 1955 and 1957 Condition: Good gg&qrjpt,grj• This concrete block building has an L-shaped plan. it measures 62' on the facade and 90' deep and 3214" across the rear elevation. A single metal door and metal double doors are located on the facade (south elevation). Large square wood -shingled areas with centered, fixed -glass single -pane windows flank the single door. Two barred windows are located near the back of the building. The roof is flat with a parapet; the foundation is concrete slab. Hiptory and Physical Changes-, Using mostly volunteer labor, the Firehall was constructed in 1955. Four evenly spaced overhead doors for vehicles, and a standard entry door were originally located on the facade. In 1957, the Jail was added to the rear of the building. After the Kenai Police and Fire Departments moved to a new facility in 1973, the building was leased for one dollar per year to the newly - formed Kenai Arts Council. In 1980 the building was renovated into a gallery and artists' workshop. At this time, two of the Firehall doors were infilled with concrete block and two other doors were infilled with a window surrounded with wood shingles. Outbuildiug j None Integrity: N/A; the current exterior appearance of the Fireball & Jail, however, is only slightly changed from its original appearance. Although the four large overhead door openings have been infilled, the building has sustained no other alterations, and the infilling can be removed if necessary. Agsociated HistoricTheme: None; associated with Kenai's Post -War Community Growth period. Anpearance at End of Period of SianifigangA. NIA ContributinalNon-Contributinq.z Since the Kenai Firehall and Jail is not yet fifty years old and initial research did not provide evidence of Exceptional Importance by National Register standards, it would not be a contributing property if located within the KTHD. Its size and style are incompatible with historic buildings in the KTHD . 152 Historical Sianificance: This property is an excellent example of a municipal building constructed during the period of community growth in Kenai that followed World War Il. r' A ER I c two::, —Mits-, — Figure 66. (former) Kenai Firehall & Jail, (now) Kenai Fine Arts Gallery, south and west elevations, 1995. Photo by S.H. Elliott. 253 July 6, 2006 Rick Koch, City Manager 210 Fidalgo Avenue Kenai, Alaska 99611-7794 Dear Rick: Kenai Chamber of Commerce 402 Overland Kenai, Alaska 99611 (907) 283-7989 (907) 283-7183 (Fax) The Kenai Chamber of Commerce is "Champion" for the KEDS Quality of Life Committee. We have divided this into separate groups, and one is addressing Old Town Kenai. We have met twice and will be meeting again next week. Below are the concerns that we would like the city to address. Item One: Address Property Ownership It was the consensus of the group present that the Historical Area of Old Town should not be expanded. Item Two: Address Historical Priorities and Options 1. Individual buildings should be encouraged to become, historical. 2. Lot 16 that houses the Fine Art Center and Old Library a. Encourage Planning & Zoning to dedicate this property as the "historical area" and allow The Kenai Historical Society to move Clarence Ladd's historic cabin here. Thus this area would become a small historic hub. b. The children's park needs to be upgraded * c. Remove the driveway, it doesn't appear to be dedicated, grass or? this area. 3. A new survey of Old Town by the Historical Society should be encouraged. a. New signs need to be added b. Allow signs that also designate buildings that aren't historical c. The walking tour map needs to be updated by the Visitors Center, would like to see the map have all of the buildings on it including some stories. Item Three: Address the needs of Old Town Beach Problems with Dipnetting. a. Address the waste that is left on the beach from the fish, either with dumpsters or a grinding station. b. What is the money raised from User Fees from Dipnetting used for? c. Parking is also an issue, the Hansen Park needs more parking, adjacent or a parking area should be set aside where people could walk to the park and watch the fishing. This problem is all summer, not just fishing season. 2. Signage a. Large sign needs to be at the corner of Main Street Loop and Kenai. Spur. This sign should include details regarding Historic Old Town, Kenai Fine Art Center, Church—etc. businesses –OR- a large sign going across Main Street Loop "Welcome to Old Town" b. Speed Limit Signs c. RV Park – directing traffic to the RV Park (map will be provided) 3. Beautification a. Benches along the walking trail, trash cans near by. b. Flower boxes c. More lights, similar to the lights around Old Town (by church), could put them in without lights in them as most tourism is in the summer when they lights shouldn't be needed. d. *Children's park needs to be cleaned up (I have already spoke with the Lions Club and they are willing to help clean this up. They suggested that the basketball hoop and pole be taken down and a hopscotch be professionally painted in its place and they can also do – the neighbors find that having older children with younger children is not a good mix) 4. Growth a. Continued growth in Old Town, encourage small business and homes. b. Tax Incentives for those who own property c. Clean up the area If you have any questions please feel free to call me. Very truly yours, Jame Odgers Executive Director CC: Rick Baldwin, Chair, KEDS K-6 { "V °lla e with a Past Gi with . 9 �' sr�11 1 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us Me 1 0/ 1 0) ZAV41101 TO: Mavor and Council Members FROM: Carol L. Freas, City erk DATE: July 19, 2006 RE: SPECIAL ASSESSMENT PETITION - Angler Drive On July 13, 2006, a Special Assessment Petition was received in my office requesting paving of Angler Drive. The petition appears to have sufficient signatures of property owners and description of the requested improvement. A copy of the petition has been forwarded to City Manager Koch. The receipt of the petition and submittal to the city manager begins the following time schedule: Petition Receipt: July 13, 2006 Sufficient Signatures Found: July 19, 2006 (49 properties/30 signatures) Submittal of this memo to City Manager: July 19, 2006 Sixty-day period ends: September 18, 2006 Report to Council by: Prelim. Assessment Roll to Clerk by: Resolution/Set Public Hearing on Preliminary Assessment Roll: elf Attachment September 6, 2006 (last council meeting date within the 60 -day period) October 6, 2006 Within 30 days = November 1, 2006 Council Meeting (30 days ends November 6, 2006). July 31, 2006 7- s HEI MUD F To Whom It May Concern:i. - C ll iY This letter is to let you know that I plan to resign from the Kenai City Council as of July 31St. This should allow time for another candidate to file and vie for the one year left on my term. This is a very difficult decision for me; I have enjoyed working with council and administration and being involved in some very exciting events coming to Kenai. However, my health and the treatment necessary to continue fighting the cancer, prevents my doing the job the citizens of Kenai deserve. Thank you all for the help you have given me in trying to understand city operations. Sincerely, Cliff Massie INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 2, 2006 7/25/06 Public Works Department, Project Status Report. 2. Application for Restaurant Designation Permit/Kenai Landing, Inc. 3. 7/25/06 Public Works Department, Project Status Report 4. 8/1/06 Kenai Peninsula Borough Assembly Meeting Agenda. 5. 7/28/06 R. Koch memorandum regarding the Millennium Square Environmental Site Assessment. PURCHA _ _ ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUN. REVIEW COUNCIL MEETING OF: AUGUST 2, 2006 VENDOR UNITED ROTARY BRUSH SHERMAN SIGNS AMERICAN ENVIRONMENTAL ALYESKA SALES KACHEMAK ELECTRIC NORTH COAST ELECTRIC ALASKA FUEL SYSTEMS KACHEMAK ELECTRIC DESCRIPTION BROOM BRISTLES FLOAT PLANE BASIN SIGNS KENAI AIRPORT UST BI -ANNUAL WELL MONITORING 1996 CHEVY TRUCK NEW STREETLIGHTS MATERIALS FOR NEW STREETLIGHTS SPILL BUCKETS, VALVES REPAIR4NSTALL STREETLIGHTS DEPT. AIRFIELD OTHER BUILDINGS OTHER BUILDINGS PARKS FY06 STREET/SEWER FY06 STREET/SEWER DOCK STREET LIGHTING ACCOUNT OPERATING SUPPLIES OPERATING SUPPLIES PROFESSIONAL SERVICES MACHINERY & EQUIPMENT CONSTRUCTION CONSTRUCTION REPAIR & MAINTENANCE REPAIR& MAINTENANCE AMOUNT 12,762.03 3,525.00 4,521.00 4,700.00 8,100.00 10,917.85 5,676.84 3,020.00 FAXNO, �.�. JUL26'0S WED 10 2r•AM .•it'tUtYFOR RESTAURANTDESICNA1nONPGRMiT•AS04,16.00 &15AAC FIX: 950.00 ~ The Ming of this permit allows access of persoas under 21 years of age to designated licensed Itemises for pmpot sad persons under the age of 19 for employment If for cmpioyment, please state is dcUA how the person will be employed, duties, etc. (IS AAC 104.945), This application is for designation of premises where. (please mark appropriate irmms). I X Under ASO4.1&010(c) Tionafiderenu mdoosingplace. 2 ^Persons between 16 & 21 may dine utmce onpanied. 3 -IL-Persans under 16 may dine accompanied by a parson 21 yeas or older. 4 __Z&_?caaas between 16 and 19 yeses may be employed. (Sec now below). LICIISEE: KeACLA LANVA(C rc ADORMS: ,o i gyp? Gle-t L- @ROU , Ar, , -Iq f0 i I I. Boors of tlperauca: ") too AM to JL. . cg PM Tdophonc d ' ,5- -35,63 2. Have polict ever been called to your premises by you oranyone else for aoy reason: Yea [ j No - if yes, dews) and oxplansti*s). �r2og, %'G aso.r ; frrarfc rSt 4akia2 > xsr 3. Duties ofeapiaymam r isnk1)0 (! OrgnTCrx 4. Arc video games available m the public on ymvptcmiaet? ()0 S. DOyoupmvideentaslin`mem: NYes [ )ANO Ifyes.desmlm y/dst„r,,„�dlo _ff��s✓S.T�c3 nom. ¢t moi% 6. 1%w is food served? n Table savica x HuSet saviee Coamter Service -Odue i. is the owner, manager, or usisamt manager always present during business hours? ,ki Yes [ J No '94 A MEPlIT AND A DETAILED LICEXSED PREMISES DIAGRAM MUST ACCOMPANYTIDS APPLICATION . '" This permit rmmairs is ei?nct uuzii the Ilqu� :icanae is tasaaaftaad ORa6 41m distaedat of the A1t�Aoiic Bmwaa@e Comol Board. (15 AAC 104.795) I a t4 dxert l huve:ra04,16.049. A5.091b.869 5 7 .!! AAC,104.2195 andbave.io tsarmlmy employees sbodPW sitars_AJ - eanumtedthereat. (ttitlfff r��rr -J- 9.4 firm 5,t'OTA:,-P' ,N Application' ed t25 AAC 104. IJJf'�1J111�?!llljl1`>, Governing Dody Official Data: 4w4r o.�4�' a200ir� and swarsto,beibre me I_—day of _ R MY Commissian expires / -O` V I Km . - Director, ABC Hoard NOTF: AS 44.16.049(e) requires that wriam parental consent and an exemption by the Deparonent of Labormust be provided to the licensee by the employee who is under 19 yews of ago. Persam 19 and 20 years of age aro not required to have the consent or exemption. Describe how food is served on hack of form. A=Active Project - Keith Status Report NC=Non-Construction JL a Shotis JL •Jack La Shot F=Future RS - Robert Springer STIP=State Trans. Imp MK - Marilyn Kebschull senior center, and recreation center to be added to Jet - Jan Taylor AMC/F/ City CMftt ProJeet Name Status STIP A KK Activate Old Wells Public Works is looking at existing wells in our search for water system improvements. HDL working on arsenic ground water study. A MK Airport Supplemental Planning Proceeding with implementation. Assessment A JL Airport Terminal Modifications Change Order 7 work being done. A KK City Parking Lot Improvements Parking lot improvements to library, public safety, senior center, and recreation center to be added to LID's Paving Projects 2007. A JL Contaminated Soils - Shop Bid opening July 26 to install sewer. A KK Kenai Boat Launch Peninsula Construction is about 99% complete. Improvements Final documents are the only items needed. A KK Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. A JL Kenai Soccer Fields Bid opening for next phase on July 26. A KK Lawton Drive Water Main WH4 Nelson completed design. Wafting on WH4 or WH to Swires 2 Treatment decision A KK McCollum/Aliak LID Engineering design, surveying, ROW, and inspection awarded to Nelson. Project scheduled for 2007. Tuesday, July 25, 2006 Page i of 3 r] uec/F/ city Contact Project Name STIP A JL Millennium Square - Enviromental Study A KK On -Site Wells A JL A JL A JL A KK A KK A KK A KK F KK F KK F KK Parallel Taxiway status Report complete - given to City Manager. Public Works is working on constructing small, on- site wells for landscape watering at softball fields. Minor items to complete - transformers for lighting lost in shipment. Runway Extension Closeout document to FAA. Environmental Assessment Runway Safety ZonetExtension Notice of award sent. Set Net Drive LID Nelson completed design. All bids rejected - going to bid all paving projects together in 2007. Town Clock Landscaping and benches for around the Town Clock is being done by Parks. Asked for price quote for artist plaque. WH 2 Public works is taking a closer look at color removal at WH 2 and a new water main to supply the system at a new location. WH 4 Looking at new well at Section 36. Filtronics, Severn Trent, Kinetico, Pureflow Filtration Systems are still interested in treatment systems. Ames & Dunes Road Kenaitre Indian Tribe paving roads with curbs, gutters, and sidewalks. Project on hold due to financial problems. Angler Drive LID City received a new petition for paving Angler Drive. Working on new City Manager's report - starting proceedure all over again. Boating Facility Exit Road Street crew has built this exit road. We still need to work on parking lot and road. Tuesday, July 25, 2006 Page 2 of 3 — a/NC/F/ City Contact Project Name Status STIP F JL Maintenance Shop Preliminary plans and specifications complete. F KK S. Ames and Thompson Park Property owners are circulating petitions for LID LID F KK Shamrock Circle LID Preliminary assessment role was submitted to City Clerk. Council set the public hearing for 8/16/06. STIP KK DOT - Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. Tuesday, July 25, 2006 Page 3 of 3 II IInllBI" Iorouglhl'l,lI IlIllllllllll,ll�I�'III'III IIIIll, 'lllllllIll' ,llllll�ll�lllllll1ll1IIIII1I1I,l,lllllll,lll1lll,ll,lllllllll, IllJJlllJill ll1lll1 Kenai Pen'sula4 Ass ly Ag naa -IIIIIIIIIIIIIIIIIIIIIIUI VIII III VII'IIIIIIIIJIIIIIIIIIIIIIIgpl umuu I"ouuui 1110,1111111H u loII III Ili II II 1011011111 fullllllllllllll11111111 II IIVIWIII IIII IIM(III U[Hill!IIIA IUI"ll IY,I IIVIIIIIIIIIIp W I'lll uluun iuull August 1, 2006 - 7:00 p.m. !on Long !ssembly President 'eat 6 - East Peninsula erm Expires 2006 'ete Sprague (ssembly Vice President 'eat 4 - Soldoma 'erm Expires 2007 )an Chay (ssembly Member eat I - Kalifornsky erm Expires 1006 'aul Fischer (ssembly Member .eat 7 - Central erm Expires 1007 german f ✓ Member 'eat 8 -Homer rerm Expires 2008 Margaret Gilman 9ssembly Member feat 2 - Kenai term Expires 2008 Will Martin 4ssembly Member Seat 9 - South Peninsula Term Expires 2006 Grace Merkes Assembly Member Seat 5-Sterling/Funny River Term Expires 2008 Gary Superman Assembly Member Seat 3 - Nikiski Term Expires 2007 August 1, 2006 Regular Meeting I�MNIf111riZGT. flat B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS Borough Assembly Chambers, Soldoma, Alaska F. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. G. APPROVAL OF MINUTES * 1. July 11, 2006 Regular Assembly Meeting Minutes ............ 1 H. COMMENDING RESOLUTIONS AND PROCLAMATIONS 1. i Re$OtlltlOn Commending the i1"u'ie and Ten i enr vid Soldoma Little League All Star Baseball Team as the 2006 State Champions (Merkes) .............................. 14 I. PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) 1. Rob Massengill, Alaska Department of Fish & Game, Fishery Biologist - Sport Fish Division, "Northern Pike in the Kenai Peninsula Borough" (10 minutes) J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) K REPORTS OF COMMISSIONS AND COUNCILS Page 1 of 7 L. 1. Agreements and Contracts a. Spruce Bark Beetle Mitigation Program: ® Approval of Contract with Steve's Tree Service for Kenai East #1 ROW Project .................................. 18 Approval of Contract with Steve's Tree Service for Kenai East #2 ROW Project .................................. 21 Approval of Contract with Alaska Map Company for GIS Support for the SBB Mitigation Program .................. 24 b. Approval of Contract with Floor -Ever, Inc. for Homer Middle School Flooring Replacement.......................................25 C. Approval of Contract with Floor -Ever, Inc. for Sterling Elementary School Flooring Replacement ................................. 26 d. Approval of Contract with Floor -Ever, Inc. for KPB Human Resource Building Flooring Replacement ................................ 27 e. Approval of Contract with Beluga Construction Company for Soldoma Elementary School Flooring Replacement ................ 28 f. Approval of Contract with Moore's Landscaping LLC for Rootwad Harvest at Beluga Landfill .................................... 29 g. Approval of Contract withTutkaBay Charters — Chris Banasfor Boat Charter Service for KPB Appraisers ............................ 30 h. Approval of Sole Source Contract with Seimens Building Technologies, Inc. for DDC System Remote Access at Seward Middle School.............................................31 i. Approval to Waive Bonding Requirements for the Arsenic Removal System at Sterling and Tustumena Elementary and Nikiski Middle/High Schools ........................................ 32 j. Approval of Purchase and Service Agreement between KPB and Funny River Emergency Services for Property and Equipment Inventory.................................................50 August 1, 2006 Page 2 of 7 k. Approval of Contract with Soderstrom Architects, P.C. for South Peninsula Hospital East Addition Project ................ . ....... 62 2. Other a, Investment Portfolio as of June 30, 2006 ....................... . . 63 b. Budget Revisions — June 2006 ..................._____,65 C. Revenue Expenditure Report — June 2006 ............ . ........... 69 M. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None N. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2006-01(Martin) Substitute: Repealing KPB Chapter 21.26 and Enacting KPB Chapter 21.29, Material Site Permits (Martin) (Referred to Lands Committee) ..................................................................72 2. Ordinance 2006-29: Providing for the Submission to the Qualified Voters of Kenai Peninsula Borough, Alaska, at an Election in and for the Kenai Peninsula Borough on October 3, 2006, the Question of the Issuance of Not to Exceed Two Million Five Hundred Eighty -Eight Thousand Dollars ($2,588,000) of General Obligation Bonds of the Kenai Peninsula Borough to Pay Costs of Educational Capital Improvements in the Kenai Peninsula Borough (Mayor) (Referred to Policies and Procedures Committee) .......................................................116 3. Ordinance 2006-31: Eliminating the Sunset Date of Ordinance 200 i-27, Relating to the Authority to Exercise Transportation Funding Powers (Mayor) (Referred to Legislative Committee) ............................. . ................ 122 Ordinance 2006-31 (Sprague. Martin) Substitute: Seeking Voter Approval for the Borough to Continue to Exercise Transportation Funding Powers (Sprague, Martin) (Referred to Legislative Committee) .......................... . ........ . 125 4. Ordinance 2005-19-55: Redirecting Funds Previously Appropriated for Software Licensing to Transfers to the General Government Capital Project Fund and Appropriating the Funds to Cover Estimated Travel Costs Associated with the New Computer Aided Mass Appraisal (CAMA) and Tax Billing System (Mayor) (Referred to Finance Committee) ............................... . ..... . 128 August 1, 2006 Page 3 of? P. NEW BUSINESS 1. Bid Awards *a. Resolution 2006-067: Authorizing Award of Contract for Summer and Winter Road Maintenance in the Central Region Unit 3 for the Kenai Peninsula Borough Road Service Area (Mayor) (Referred to Finance Committee) .................................................131 *b. Resolution 2006-068: Authorizing Award of a Professional Design Service Contract for the Chinulna Point Subdivision RIAD Street Paving Project (Mayor) (Referred to Finance Committee) .........................134 *c. Resolution 2006-069: Authorizing a Fire Utility Apparatus Purchase and Redirection of Previously Appropriated Capital Project Funds for Bear Creek Fire Service Area (Mayor) (Referred to Finance Committee) ........... 136 2. Resolutions *a. Resolution 2006-070: Supporting an Application to the U.S. Board on Geographic Names to Officially Name an Unnamed Lake South of Soldoma as Pula Lake (Mayor) (Referred to Lands Committee) ................ 140 *b. Resolution 2006-071: Authorizing the Acquisition of Lot 1, "White Alice" Subdivision, Plat No. 82-53, Homer Recording District for a Kachemak Emergency Service Area Fire Station Site (Mayor) (Referred to Lands Committee) .................................................148 *c. Resolution 2006-072: Authorizing the Acquisition of Lot 2, "White Alice" Subdivision, Plat No. 82-53, Homer Recording District for a Kachemak Emergency Service Area Fire Station Site (Mayor) (Referred to Lands Committee) .................................................167 3. Ordinances *a. Ordinance 2006-19-06: Appropriating $250,000 from the Borough's General Fund Balance to Partially Reimburse the CES Capital Project Fund for its Contribution for Construction of an Emergency Response Center (Mayor) (Hearing on 09/05/06) (Referred to Finance Committee) .............. 193 *b. Ordinance 2006-19-07: Appropriating $707,000 in Central Peninsula General Hospital Plant Replacement and Expansion Fund for Patient Monitoring and Telemetry Equipment (Mayor) (Shortened Hearing on 08/15/06) (Referred to Finance Committee) ......................................... 195 August 1, 2006 Page 4 of 7 *c. Ordinance 2006-19-08: Appropriating $150,000 in the Borough's General Fund for Transfer to the General Government Capital Projects Fund for Capital Improvements at Borough Facilities (Mayor) (Hearing on 09/05/06) (Referred to Finance Committee) ................................ 2€10 *d. Ordinance 2006-19-09: Accepting and Appropriating a State Grant in the Amount of $1,800,000 for Borough -Wide Road Upgrades (Mayor) (Shortened Hearing on 08/15/06) (Referred to Finance Committee) ...... 202 *e. Ordinance 2006-19-10: Accepting and Appropriating Four State Grants Totaling $105,000 for School Projects (Mayor) (Hearing on 09105106) (Referred to Finance Committee) ................................ 209 *f. Ordinance 2006-19-11: Accepting $325,080 from the State of Alaska for the Local Match to Federal Funds for Keystone Drive Road Improvements and Appropriating the Grant to a Road Service Area Capital Project Account (Mayor) (Hearing on 09/05/06) (Referred to Finance Committee) ....... 216 *g. Ordinance 2006-19-12: Appropriating $22,925 from Kachemak Emergency Service Area Capital Projects Fund Balance far Purchase and Installation of a Fire Station Generator (Mayor) (Shortened Hearing on 08/15/06) (Referred toFinance Committee).........................................221 4. Other *a. Petition to Vacate a Portion of the 66 -foot Section Line Easement Between Whisper Lake and Lot 22A Lake View Terrace North Shore Addition No. 3 (KN 2003-42); within Sections 17 and 18, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-160 Location: Sterling Area (Referred to Lands Committee) ... 223 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled .July 17, 2006 meeting.] *b. Petition to Vacate a Portion of Moose Hollow Road Right -of -Way and Associated Public Utility Easement Adjacent to Lot 2 Block 1, Dedicated by Lake Vista Estates Part 2 (Plat KN 95-13); within Section 12, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-143; Location: North Kenai Area (Referred to Lands Committee) .................................. 243 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled .July 17, 2006 meeting.] August 1, 2006 Page 5 of 7 *c. Authorizing an Application for Restaurant Designation Permit Filed by CIRI Alaska Tourism Corporation dba Kenai Fjords Wilderness Lodge (Referred to Finance Committee) ......................................... 254 Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) August 15, 2006 7:00 PM Regular Assembly Meeting Soldotna T. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance 2006-19-01: Accepting and Appropriating on Behalf of Kachemak Emergency Service Area a Rural Fire Assistance Grant from the Alaska Department of Natural Resources (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee) 2. Ordinance 2006-19-02: Accepting and Appropriating $10,000 from Michael Anderson as a Public Interest Contribution to Develop and Conduct an Environmental Protection Symposium on Gravel Pits and Gravel Pit Operation (Mayor) (Hearing on 08/15/06) (Referred to Policies and Procedures Committee) 3. Ordinance 2006-19-03: To Apply Revenue of $702,515 Received From the State of Alaska Department of Administration, Division of Retirement & Benefits, to the Borough's Unfunded Public Employees Retirement System Liability (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee) 4. Ordinance 2006-19-04: Accepting and Appropriating on Behalf of Bear Creek Fire Service Area Two Fire Assistance Grants from the Alaska Department of Natural Resources (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee) Ordinance 2006-19-05: Accepting and Appropriating a Direct Lump Sum Payment of $2,069,000 from the U.S. Forest Service for Spruce Bark Beetle Mitigation Program Work (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee) 6. Ordinance 2006-21: Amending KPB Chapter 5.12 to Require That a Senior Citizen or Disabled Veteran must Be Eligible for a Permanent Fund Dividend for the Same Year or for the Immediately Preceding Year in Order to Receive the First $150,000 Exemption from the Assessed Value of Real Property and That, in Order to Qualify forthe Unlimited Exemptionabove $150,000, the Senior Citizen or Disabled Veteran must Have Been Absent from the Kenai Peninsula Borough for No More than 90 Days in the Calendar Year with Certain Exceptions and Have Met a Residency Requirement (Superman, Germano) (Hearing on 09/05/06) (Referred to Policies and Procedures Committee) August 1, 2006 Page 6 of 7 Ordinance 2006-30: Amending Chapter 5.20 of the Kenai Peninsula Borough Code Regarding Funds and Account Groups (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee) 8. Ordinance 2006-32: Amending Chapter 5.04 of the Kenai Peninsula Borough Code Regarding Budget Procedures (Mayor) (Hearing on 08/15/06) (Referred to Policies and Procedures Committee) 9. Ordinance 2006-33: Amending KPB 17.50.030 and 17.50.035 to Facilitate Removal of Hazard Trees on Borough Land (Mayor) (Hearing on 08/15/06) (Referred to Lands Committee) 10. Ordinance 2006-26: Amending KPB 5.12.105 to Require Late -Filed Senior Citizen and Disabled Veteran Property Tax Exemption Applications to be Filed by February 15 of Each Year (Germano) (Hearing on 09/05/06) (Referred to Policies and Procedures Committee) 11. Ordinance 2006-27: Changing the Name of Central Kenai Peninsula Hospital Service Area to Healthcare Service Area of the Central Peninsula, and Changing the Number of Members of the Board from Seven to Nine (Mayor at Request of Central Kenai Peninsula Hospital Service Area Board) (Tabled on 06/20/06) (Referred to Policies and Procedures Committee) 12. Resolution 2006-029: Reclassifying Certain Borough Land in the Sunrise Area Pursuant to KPB 17.10.080 (Mayor) (Tabled on 04/04/06) (Referred to Lands Committee) rT iq.mnnn A TIO" lAL n,r A'rVT)T AT e AT%T7k ncunvrrc U INTOA�MA 1 11AL'AA L`AlAL'1LU ['Ai\i/ Av�A V1�lY V. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on August 15, 2006, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meetingwill be broadcast on KDLL-FM91.9 (Central Peninsula), KBBI--AM890 (South Peninsula), K201AO- FM 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800-478-4441, Ext. 2160. Visit our website at www. borough. kenai.at us for copies of the agenda, meeting summaries, ordinances and resolutions. August 1, 2006 Page 7 of 7 `V l(a e with a Past Gi with o fT44.,5 9 �' \ the city.f KENAL ALASKA iuIN►JIN] 'J'091 )IN i To: City Council From: Rick Koch, City Manager i' 111 Date: July 28, 2006 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us Subject: !Millennium Square Environmental Site Assessment - Information Item "Ihe purpose of this correspondence is to submit for your information the executive summary of the Phase II Environmental Site Assessment performed by Oasis Environmental, Inc., for the above referenced city -owned property. The findings of the consultant are that while the property contains five locations with buried debris, the condition is manageable that should not prohibit future development. I have a copy of the following documents I their entirety if you would like to review them: Phase I/Phase II Environmental Site Assessment, Millenium Square Development, Final Report 2. Final - Quality Assurance Plan 3. Phase II Environmental Site Assessment- Final Work Plan Thank you for your attention in this matter. attachments FY 2006 DEC Brownfield Assessment Request Program Contaminated Sites Program - Brownfield Team TT �` Millennium Square Development ReportFinal Prang rani fnr• ALASKA Department of Environmental Conservation Department of 610 University Ave Environmental Conservation Fairbanks, Alaska 49709 and City of Kenai Department of Pubtic Works 210 Fidalgo Street, Ste 200 Kenai, Alaska 99611 VIR,0r1 .\F_N r AI Prepared by: OASIS Environmental, Inc 825 West 8th Avenue, Ste 200 Anchorage, Alaska 99501 June 2006 EXECUTIVE SUMMARY OASIS Environmental. Inc., performed a Phase I / Phase II Environmental Site Assessment (ESA) at the Millennium Square Development site on behalf of Alaska Department of Environmental Conservation and City of Kenai. The Phase I ESA included reviews of site characteristics, previous environmental investigations, site records, database searches, interviews, and conducting a site reconnaissance. The Phase I ESA identified two recognized environmental conditions at the site: presence of bist2-ethylhexyl) phthalate above the groundwater cleanup level in a monitoring well sampled in 2000, and the presence of buried debris in at least five locations on the property. Phase II ESA activities included sampling three monitoring wells at the site to determine current groundwater conditions. The analytical results of the groundwater samples showed that no organic analytes are present above laboratory reporting limits. Inorganic analysis of total metals found arsenic and lead to exceed groundwater cleanup levels, but the comparable dissolved arsenic and lead analytical results did not exceed groundwater cleanup levels. Therefore, the exceedances for arsenic and lead are attributed to suspended solids in the well water. The combined Phase I / II ESA found that buried debris in at least five locations is the only remaining recognized environmental condition at the site. It is the opinion of OASIS Environmental. Inc., that this condition is a manageable issue that should not prohibit the potential for future development, but may influence where or how development occurs. MAKE `a PACKET r .• !:OUNCIL PAC ET DISTRIBUTI1 ,COUNCIL MEETING DATE: Mayor/Council Clerk Police Department Senior Center Library Fire Department VISTA Attorney City Manager Finance Airport Parks & Recreation Schmidt Student Rep. AGENDA DISTRIBUTION Sewer Treatment Plant Shop Buildinq Maintenance Water/Sewer Taylor/Springer/Kebschull Public Works Enqineer Kim Clarion Mellish KSRM r Streets Dock IAnimal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible after Noon on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@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. AGENDA JKENAI CITY COUNCIL— REGULAR MEETING � AUGUST 2, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS KEM UASn httD://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Penny Carty, Salamatof Native Association -- Proposed Development/±6 Acres- Marathon Road. ITEM E: PUBLIC HEARINGS 1. Ordinance No. 2175.2006 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant. 2. Ordinance No. 2176-2006 -- Increasing Estimated Revenues and Appropriations by $17,187.05 in the General Fund for an Alaska Highway Safety Program Grant. 3. Ordinance No. 2177-2006 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Police Training. 4. Ordinance No. 2178-2006 -- Finding that Certain City -Owned Land, Described as Tract A, Park View Subdivision (Parcel No. 04701018), Consisting of 2.092 Acres and Shown on the Attached Map, is Required for a Public Purpose. 5. Resolution No. 2006-42 -- Approving a Contract to Zubeck, Inc. for the Project Entitled Kenai Maintenance Shop Sewer Extension - 2006 for the Total Amount of $58,136.70. 6. Resolution No. 200643 -- Rejecting All Bids for the Project Entitled Kenai Soccer Park Construction -- 2006. 7. Resolution No. 2006-44 -- Rejecting All Bids for the Project Entitled Leif Hansen Park Sprinklers -- 2006. 8. Resolution No. 2006-45 -- Transferring $80,000 in the Airport Shop Site Remediation Capital Project Fund. 9. Resolution No. 2006-46 -- Transferring $75,000 in the W ellhouse 4 Capital Project Fund From Construction to Engineering. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bilis to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. 'Ordinance No. 2179-2006 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Airport Fund to Purchase Fire Training Props and Equipment. 4. 'Ordinance No. 2180-2006 -- Repealing the Existing KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Lands), KMC 21.15 (Provisions Required) and KMC 21.20 (Policy Governing Modification of Existing Leases), and Replacing Them With KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land Outside of the Airport Reserve). S. Approval -- Lease Application -- Loc 2, Block 1, General Aviation Apron Sub. 41, Amended — Indcom Properties, LLC (Kenneth Dunbar) 6. Approval -- Lease Applications — Lots 9, 10, and 11, Block 1, F.B.O. Subdivision - Indcom Properties, LLC (Kenneth Dunbar). 7. Approval -- Amendments to City of Kenai Mini -Grant Overview/Procedures. 8. Discussion -- Identification of Priorities for $322,000 Legislative Alaska Department of Commerce & Community Economic Development Grant Funding. 9. Discussion -- Proposed Statewide Anti -Methamphetamine Abuse Education Campaign. 10. Discussion -- Extension of Construction Schedule/Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park -- David and Michael Schilling, d/b/a Schilling Rentals. EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at htto:Hwww.ci.kenai.ak.us. Carol L. Frees, City Clerk D134/211