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HomeMy WebLinkAbout2010-06-10 Airport Commission PacketKENAI AIRPORT COMMISSION JUNE 10, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY April 15, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Rick Koch, City Manager Proposed Changes to Apron Development South End ITEM 5: OLD BUSINESS a. Discussion 2011 Goals and Objectives b. Discussion Airport Bird Dog Update ITEM 6: NEW BUSINESS a. Discussion Supplemental Environmental Assessment for Kenai Municipal Airport Improvement Projects ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for May 19 and June 2, 2010. b. Airport Manager's Report April and May 2010 c. April 2010 Enplanement d. 'Welcome Home Banner Clarion Dispatch Article e. Consent of Agreement Lot 1A, FBO Subdivision Dan 0. Pitts f. March 2010 Report Airport Permanent Fund g. Mutual Rescission of Lease, ENA, LLC Lots 5 86 6, Block 1, FBO Subdivision h. Ordinance No. 2485 -2010 i. Lease Application Kenai Nikiski Pipe Line, LLC 3. Letter from City Manager Kenai AFSS, FAA Lease DTFAAL -08 -L -00001 ITEM 11: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: CAROL 283 -8231 OR MARY 283 -7951 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY March 11, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Tenth Annual Kenai Peninsula Air Fair Poker Run ITEM 6: NEW BUSINESS a. Discussion/Reeommendation 2010 Goals Objectives b. Discussion/Recommendation Meeting Schedule ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 11: ADJOURNMENT KENAI. AIRPORT COMMISSION APRIL 15, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS Bern 3. a. Kenai City Council Meeting Action Agendas for March 13, 17 and April 7, 2010. b. Article entitled, FAA Says Church's Live Oaks Near Hilton Head Airport Must be Trimmed or Cut. c. Article entitled, FAA: Planes Can't Use Airport Until Golf Course Cuts Trees. d. Mutual Rescission of Lease /Lots 5 86 6, Block 1, FBO Subdivision. e. Public Service Announcement entitled, Begich Supports FAA Reauthorization in Senate. ITEM 1: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. ITEM 2: MOTION: MOTION: ITEM 4: ITEM 5: 5 -a. KENAI AIRPORT COMMISSION APRIL 15, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING SUMMARY CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at 7:00 p.m. Roll was confirmed as follows: AGENDA APPROVAL J. Zirul, J. Bielefeld, H. Knackstedt, L. Porter, G. Feeken, and R. Rogers E. Mayer Council Member J. Moore and Airport Manager M. Bondurant Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY March 11, 2010 Commissioner Porter MOVED for approval of the March 11, 2010 meeting summary as presented and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None. OLD BUSINESS Discussion Tenth Annual Kenai Peninsula Air Fair Poker Run Airport Manager Bondurant updated the Commission of the Air Fair plans and distributed draft poster and newspaper billboard for review and approval. Commissioner comments included a suggestion to include a "goose" on the billboard advertisement. The Commissioners stated they liked the poster /billboard advertisements. ITEM 6: NEW BUSINESS 6 -a. Discussion /Recommendation 2010 Goals Objectives The Commission reviewed the goals and objectives from past years which were included in the meeting packet. Suggestions were made for the 2010 -2011 list and the list would be updated and brought back for review /approval at the Commission's May meeting. 6 b. Discussion /Recommendation Meeting Schedule General discussion took place related to whether changes were wanted in the Commission's meeting schedule. MOTION: Commissioner Zirul MOVED to keep the current schedule. Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7 -a. Commission Chair No report. 7 b. Airport Manager Bondurant reminded Commission about the Runway Safety Action Team (RSAT) would meet at 2:00 p.m. on April 26, 2010 at the Beacon Building. 7 c. City Council Liaison Council Member Moore reported he had met with the City Manager to review the draft FY 11 budget and noted, the action agendas for the March 21 and April 7, 2010 council meetings were included in the packet. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS Porter would like packets for all commissions emailed. Bielefeld Thanked Bondurant for including Item 10 -e in the packet as it was the first he had heard of the change in transporting oxygen. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None. ITEM 10: INFORMATION ITEMS 10 a. Kenai City Council Meeting Action Agendas for March 13, 17 and April 7, 2010. 10 b. Article entitled, FAA Says Church's Live Oaks Near Hilton Head Airport Must be Trimmed or Cut. AIRPORT COMMISSION MEETING APRIL 15, 2010 PAGE 2 10 -c. Article entitled, FAA: Planes Can't Use Airport Until Golf Course Cuts Trees. 10 d. Mutual Rescission of Lease /Lots 5 6, Block 1, FBO Subdivision. 10 e. Public Service Announcement entitled, Begich Supports FAA Reauthorization in Senate. ITEM 11: MOTION: ADJOURNMENT Commissioner Zirul MOVED to adjourn and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:14 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING APRIL 15, 2010 PAGE 3 ordetb-v...„, enal 11/11uriicipa! Airpcert Memo "Serv%wg- e/Greater Kam/ Pe bA6ula)' 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 To Airport Commission From: Mary Bondurant Airport Manage Date: June 3, 2010 www. KenaiAirport.corn lleml. Subject: Proposed Changes to Apron South end Proposed Lease lots Interest has been expressed to City Administration for hangar construction on the south end of the commercial apron along Granite Point. The current airport project rehabs the entire apron with the addition of new asphalt in this area to expand the transient aircraft parking area and snow storage. in discussions with City Administration, questions arose about the best use of this area and future airport development. 1 have attached a proposed lease lot drawing for your review and comment. The City Manager will speak to this at the meeting. ••41-4, to S.1.01 DSV31 0350cIOUd NOUd ‘re 13VE1 Z ON VV0 I I I IS 0 b," 6 L L 783.34 N 60°0831" VS OLOZ 5pAz NOeldtt VflIVNJ it'N3Y 11 I 4 J j 7 1 i l i i 1/1 .N. co, Go A:5 P co Ii l 1 I 1 )1 -388.88' N 60°0631" W 0 i H 1,) co 1 STRZZ rfb, 4k) ;..5? L i i r i A 7 i I it 116.0' k 4 brb I'bi '154_05' 'I-I 1 ,II Li I Li ui W/ a). i I j I I b I j 1 III II 1 1 )1 li n 11 it 1 ,__i il E i 1 fi i kl• i 1 1 )1 1 I I, t 1 1 I I 1 1 I 1 I 1 1 1 1 w I 1 ..,)4 1 1 1 1 i J IF I 1 1! o k. w i 'z )1 4 E._ 5 1J21 1 ,.7.I 7-- Iff: ,r,,.. L .1 0 C cc i. 1. 3.62' 1' al w u) I' I' 0 1 !I 113.62 163 62' I u'r cg —!'")6 11 1 I 51 II 8 I 3 I li 1 I I I I I I I }t. i I r 1 1 0 I ce 11 71 11. ELI I— I o l t. 1 0 6,1 IV CI .1 11 I 352.23' N60 08'317W I CFI 5< cra b 6.1 03 0 1 H --4.----_-,-,•-•„„ I 1 l i i 1 i 1 I 1 1 I 1 •-11, I 1 1 1 1, 1 1 1 1 I 1.1 1 i 1 to to CC 1.11 Z or to 0- 0 V).03 4iL ,E 100.62' 1, 110.62' I %1 '1 1 1 1 i I: ii .1 '1 1 1 Mlaanicipal Airport Memo Attachments "Se i WJ' 4/ Kenai/ Peninisuitil 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907 -283-7951 FAX 907-283-3737 To: Airport Commission From: Mary Bondurant Airport Manager' Date: June 3, 2010 Subject: 2010 d 2011 Goals Objectives Item5o, Attached is the draft 2010 -2011 KMA Goals and Objectives from discussions at the April 15, 2010 meeting. The goals should be finalized at this meeting and forwarded to the City Council through your Council Liaison. Does Commission recommend to Council the 2010 2011 Goals Objectives for the Kenai Airport? www.KenaiAirport.com Municipal Aiirport GOALS AND OBJECTIVES 2010 -2011 Airport Beautification Keep up with flowers New terminal welcoming sign on airfield side Update airport logo with color New terminal entrance door on airfield side Banners on light poles 2. Gravel /Ski Strip Relocate gravel strip 3. Float Plane Basin Upgrade fuel pumps a Water faucet Develop Phase 1 lease lots /taxiway 4. Terminal Building Replace carpet Relocate the oil rig display Terminal picture display of airport development Market Medallion Foundation space upon vacancy 5. Airport Administration Pursue winter seasonal position Continue with education training opportunities for airport staff 6, Advertising Marketing Develop airport brochure Market airport lands Continue Kenai Peninsula Air Fair 7. Airport Rules and Regulations Update Ground Vehicle Training Program Review Airport Regulations 8. Other Alternate energy sources Airport Commission Goals Page 1 of 1 ena i Me�r� icipa Airpiart Memo To: Rick R. Koch City Manager From: Mary Bondurant Airport Manager Date: June 3, 2010 Subject: Airport Bird Control Dog Project «Se.6'vt•VL Kenal. PeAniAasultil 305 N. W LL(W ST. SUITE 200 KENAI,ALASOCA 99611 TELEPHONE 907-283-7951 FAX 907283. 377377 Please contact me if you have any questions or need any additional information. www.ci.kenai.ak.us. i+em sip. This memo is notification that the City has received a check from the Kenai Watershed Forum in the amount of $4,255. This is the total amount Ms. Olivia Pfeiffer has received through her fundraising efforts. The funds will be applied to the above mentioned project at the Kenai Airport. The airport bird control dog will arrive in Kenai on Monday, June 7th with training to start on Tuesday, June 8th. IVIun Memo Attachment rpc rt "Ser r Orecazy Karr Penixtik ae 305 NMALLOW ST. SUrrE 200 ALASKA 99611 TELEPHONE 987,2831951 FAX 907. 2833737 To: Rick R. Koch City Manager From: Mary Bandurant Airport Manager Date: May 13, 2010 Subject: Airport Bird Dog Wildlife Control Dog Lease This memo is a progress report on Olivia Pfeiffer's bird hazing project at the Kenai Airport. The Wildlife Control Dog Lease between the City and Brett and Jane Brogan, diblai Dog Whistle Goose Control has been finalized and is attached. The Brogan's and the airport bird dog called "Rose" will arrive in Kenai on Monday, June 7 The Brogan's will then provide 32 hours of instructions and training to Ms. Pfeiffer and airport staff. Ms. Pfeiffer will be the primary handler with airport staff as substitutes. If all training goes well, Ms. Pfeiffer and the dog will continue the bird hazing project through the summer until Ms. Pfeiffer returns to school in August. Ms. Pfeiffer's budget is very close to being reached and a report will be submitted for the June 2 Council meeting. Please contact me if you have any questions or need any additional information. www,ci.kenai.ak.us -134- WI:LMA1?'E CONTROL DOG LEASE KENAI Mt.UNIC;IPAf., AIRPORT THIS LEASE AGREEMENT (Agreement) is made this jO day of May, 2010, by and between BREIT BROGAN AND JANE BROGAN dibfa Dog Whistle Goose: Control (Lessors), whose address is 1.431 Merry Knoll Road, Auburn, CA 95603 -7708, and the CITY OF .KEN.AT (Lessee), whose address is 210 Fidalgo Avenue, K>r€iai, Alaska 9961.1 7794, upon the following terms and conditions. 1. Wildlife Control Dog Leased. Lessors agree to lease to Lessee, and Lessee agrees to lease from Lessors, one of the following Wildlife Control Dogs, subject to the panties' respective rights of cancellation in paragraph 8, below: \nil €Iflfe Control ,Dog 1: Legal Nanie of Dog: Rose Call Name of Dog: Rose Ow €aers of Dog: Brett Brogan and Jane Brogan I.D. Narrnber of Dog, P aeei County California Dog License No. 64579 M ior'oehip I,D. 00061 Lessors represent and agree that the Wildlife Control Dog identified above is trained as a working dog specializing in bird control and hazing. l..essors warrant and tt olnise that the Wildlife Control Dog is in good health and has received all necessary immunizations/shots Rd, upon request, shall provide Lessee with written documentation of ex and. shots records of the Wildlife Control Dog, Lessors shall mange and pay for any routine and regular immunization or vaccination needs of the Wildlife Control Dog during the Lease Tenn. 2. Replacement Dog. In the event the Wildlife Control Dog fails to or is unable to perform its duties, requested by Lessee and at Lessee's sole discretion, Lessors shall provide a replacement Wilcl.lifc Control Dog if one of the following conditions occurs. A. tf, after two weeks (roan the end of the Training Period, the selected Wildlife Control Dog falls to perform its duties, Lessors shall replace the animal. Lessors shall pay for al I costs of transportation of the replacement animal to Ted Stevens Anchorage International Airport (ANC) and Lessee shall pay for all costs of transportation of the replacement Wildlife Control Dog between ANC and the City of .Kenai. Lessee shall tray for all costs of transportation to return the initial Wildlife Control Dog to Sacramento international Airport (SIN/IF). V itclli.fe Coiinol Dog Lease Page 1 i liat{:ithlog1euw05O7 -135- B, If the Wildlife Control Dog becomes injured or ill, And after two weeks of rest and rehabilitation the Wildlife Control Dog is still unable to physically perform its duties, Lessors shall replace the animal, Lessees shall pay for all costs of transportation of the r•eplzrcernerrt animal to Ted Stevens Anchorage International Airport (ANC') trncd Lessee shrill pity for all costs of ir-aansportation of the replacement animal between ANC and the City of Kenai. Lessee Shall pay for all costs of transportation to return the initial Wildlife Control Dog to SMF. Lessee shall also pay to Lessors 250.00 for Lessors' as compensation for Lessors' additional expenses it retrieving the returned animal, Lessors shall be obligated. to provide only one replacement animal during the Lease Tenn and replacement is contingent upon availability of a suitable, animal at the discretion of Lessors, The terra Wildlife Control Dog as used herein is intended to also refer to any replacement animal provided to Lessee, Rent shall not be due to Lessors for any time during which the Wildlife Control Dog or its replacement is in transit. 3. Rent. Lessee shall pay to Lessors five hundred dollars ($500) per calendar month as rent for one Wildlife Control Dog, prorated art a per day basis of $16,13 for a partial month's rent. Rent shall be paaicl within 30 calendar days of invoice by Lessors, If at any time a party terrnin.ates this Agreement as permitted herein, Rent shall be prorated up to the day CI €h.c notice of termination, Rent shall begirt to accrue on the first day of the Lease Term or on the first day of the Training Period, whichever is later, 4. Lease Term. The Lease Term is from June 2010, to August 2010, This Lease Terns may be extended by written agreement of the parties at the same rent set out in paragraph 3, above, for up to and additional 30 days. 5. Use of Wildlife Control Dog. The parties expect that the Wildlife Control Dog will be used as a working dog for the purposes of bird control at the Kenai Municipal. Airport. Lessee shall not permit the dog to work alone, such as by patrolling the airport grounds independently without working with the primary handler. Lessee shall not permit the Wil dlife Control Dog to be unattended outside ail secure enclosure, 6. Handlers. Lessee shall designate a primary handler to work with the Wildlife Control Dog, Lessors agree to accept and consent to the appointment of Ms, C)lis�i.>r Pfiefer as Lessee's primary handier of the Wildlife Control Dog. Lessors recognize that Ms. Pfeifer is a minor and currently a student at Kenai Central High Wildlife Control T)og Lease Page 2 lylnr tthi gimo0:5O7 t 0 -1 36- School, Lessee may substitute other handlers for Ms. Pfeifer upon consent of Lessors which consent shall not be unreasonably withheld, The primary handler shall be an employee of Lessee during any period where the handler is working the Wildlife Control Dog. In addition, other employees of Lessee may assist the primary handler, Ms. Kiefer, with her duties and act as her supervisor. 7, Training Period. Lessors shall provide 32 lrotrrs of training trend iist:rrtctiorr to Lessee and /or its designated primary handler, Olivia Pfeifer, at an additional cost of $2„000 to :Lessee, Training will take pace in the City of K.ena i between June 8 11, 2010 (Training Period). The hours of training per day, and the location of training, shall be at he mutual agreement of Lessee and Lessors, depending upon weather, airport needs, and availability of Lessee's employees. Training o Fi.IE not be for more than 8 hours pet: day (consecutive or split shifts) or cause the City to incur costs for overtime pay of its employees, tt is the general expectation of the parties that training will take place at the Kenai Municipal Airport where Lessee intends to use the Wildlife Control Dog during the Lease Term and at other locations in the Kenai area. Because bird hazing; activities en conclude rather quickly in one area and hazing may not be required for some period of time thereafter, the parties agree that some of the training activities may need to occur in locations ether than at the Kenai Municipal Airport. Lessee is responsible for obtaining. any and all authorizations necessary to conduct training activities at additional bird hazing locations for training purposes. if the full 32 hams of the Training Period cannot be 'accomplished on or between June 8 11, the Training, Period shall be extended for up to two additional days at no additional cost except, however, rr,nt Lessee shall provide additional nights' locking, payment of any fees required to change Lessor's' airline ticket reservations, and $40 per day for meals, If the Training Period still cannot be completed by that time, Lessee may waive the remainder of the Training Period with no reduction ar pro ration of the training fee or pay additional training fee of $250 per day (phis lodging, airline ticket changes, and $40 per day for meals) thereafter to complete the training hours. 8, '[raining Transportation and Travel Expenses, A. Lessee shall pay 1,000 (total) toward round -trip airfare for one person to participate in the 'rraainirrg Period, .Except as may otherwise be expressly provided for herein, any travel cost or expense over and above 1,000 shall be the responsibility of Lessors. Lessors shall be responsible for purchasing airline ticket(s) for Lessors from their point of originarion to ANC. Lessee shall pay for the cost of transportation for ene person Wiidlrfe Control TJog Lease Page. 3 tilhtgls icloglemse.0507 10 137- between ANC and the City of Kenai. on an air carrier selected by Lessee. Lessors are aware, that Lessee intends to provide this transportation through receipt of a donation of kt<'lnslrorta€t.ioar services froth a local Alaska air carrier. B. Lessee shall tray for the cost of accommodations for one person for 5 nights lodging at at local bed and breakfast selected by Lessee. Lessors are aware that Lessee intends to provide this accommodation through receipt of a donation of accommodation services from, a. local bed and breakfast. Ac comm.Oda.l'ions will be provided by donation and arranged for by Lessee, Accommodations will be one room with an ere suite bath and breakfast provided. 9. Travel Expenses for wildlife Control Dogs. A. Lessors shall be responsible for purchasing airline ticket(s) for the Wildlife Control Dog &tun its point of origination to ANC. Lessee, agrees to pay for the cost of transportation for one Wildlife Control Dog between ANC and the City of Kenai, Lessors are aware that Lessee intends to provide this transportation through receipt of a donation of transportation services from ii local Alaska. air carrier, Upon termination. of this Agreement and /or at the end of the Lease Term, Lessee shall pay for the cost of transportation between the City of Kenai and SN4F for the return of the Wildlife Control Dog. 10. Exarn1iintion of Wildlife Control D Lessee may, at its sole discretion and expense elect to have the ildlife Control Dog examined by a veterinarian during the Training Period and prior to return of tfae Wildlife Control Dog to Lessors, 11. Cancellation/ er•rrrinntlon, During the Training Period, Lessee shall have a full and fair opportunity to inspect the Wildlife Control .Dog and to observe the Wildlife Control Dog's behavior and skills, Lessee, at any time during the course of the Training Period, may cancel this Lease. Upon such cancellation by Lessee, Lessee shall pay to l.,essors any unpaid balance of the. Si transportation costs and, as prorated through the date of cancellation, any unpaid balance of the $2,000 training fee and accrued Rent. if, during the Training Period, :Lessors reasonably determine that Lessee cannot adequate shelter, cage for, and accommodate the Wildlife Control Dog.. Lessors may cancel this Lease. Upon such cancellation by Lessee, Lessee shall pay to Lessors array unpaid balance of the LO00 transportation costs and, as prorated Wildlife Control Dog 1..,ealse Page 4 langitihiogt4n: o5S 710 138- through the date of cancellation, any unpaid balauuce of the $2,000 training fee and accrued Rent. If Lessors do not cancel the l.,errse during the Training Period, Lessors shall be deemed each to have accepted the sheltering and care arrangements made by Lessee for the Wildlife Control Dog. After the 'T'raining Period, Lessee may at any time terminate this Agreement upon 10 days' written notice. Unless termination is due to the failure of the dog to perform its duties, Lessee shall pay all Rent clue (prorated. through the date of the notice of termination) and pay for the return transpor'ta'tion, coats of the Wildlife Control 1Jog from the City of Kenai to Wilt. Likewise, after the Training Period, Lessors may at any time terminate this Agreement upon 10 days' written notice. Unless termination is duc to a breach of this Agreement which remains uncured for. five clays, :Lessors shall pay for the return transportation costs of the 'Wildlife Control Dog from the City of Kenai to SW' or to another location selected by Lessors, 12. Care for 'Wildlife Control Dog. Lessee shall: A. provide for all food and nutritional requirements of tare Wildlife Control Dog: 13, provide adequate shelter and accommodations for the Wildlife Control Dog, including shelter from weather and cold, which sheltering and accommodations for the Wfiidl ife Control Dog shall be subject to the reasonable approval of Lessors during the 'Training Period; C. provide for all the hydrnti.on,neeeds for the Wildlife Control Dog; D. comply with any local licensing requirements (State or local) for the W.ilcllife Control Dog; E. allow Lessor's, or any one of them, access to die t�lilcllife Control Dog upon 24-horn• notice in order for Lessors to inspect the Wildlife Control Dog andlor the shelter and other accommodations provided for the animal; 1 permit only the primary handler oi'the Wildlife Control Dog to use the dog for bird control and h.ariug activities (this does not limit Lessee or the harrclle.r from providing non -working interaction between the Wildlife Control Dog and other humans in a separate, LI on- working environment, which interaction is specifically encouraged by Lessors); Wildlife Control Dog Lease Page 5 isl gt vktotkusa0507 0 -139- G. take steps to prevent the Wildlife Control Dog (.if female.) front becoming H. pay for all veterinary bills associated with the Wildlife Control Dog arising out of any illness or damage caused to the Wildlife Control .Dog during the term of the Lease (excepting any prior-existing or chromic illness diagnosed during, the Lease 'l'erm); notify Lessors of any concerns or problems with the Wildlife Control Dog, including health and behavioral problems; and, :f. return the Wildlife Control Dog, al Lessee's expense, to Lessors in sulrstatr.tially the same condition as the animal was received at the beginning of the Lease Term, normal ngirg expected. 13, indemnification nificaation by .Lessee of Lessors, Lessee hereby agrees that Lessors, and their respective agents, heirs, executors, successors, and assigns, shall have no :liability to Lessee for claims for personal injury, death, or property chaiiiages a rising out of this A.greement. Lessee hereby agrees to waive, ,release, and forever discharge Lessors, and their respective agents heirs, executors, successors, and assigns, from any and all. such claims (whether known or unknown), demands, judgments, or awards for any personal injury, death, or property damage and any consequential damages arising out of or related to the Wildlife Control Dog's actions during, the term of this Agree.tatent. Lessee agrees to indemnify, defend, and hold harmless Lessors, th.ei.r employees and agents, and defend any action brought against same with respect to any claim, demand, =use of action, debt or liability,(exehrding, however, claims or demands arising out of the intentional misconduct or sole negligence of Lessors), including reasonable attorneys' fees, to the extent that such action is based upon a ciaiin that: (t} if true, would constitute a breach of any of Lessee representations, warranties, or agreements hereunder; (ii) arises out of the negligence or willful misconduct of Lessee; or (iii) arises directly 01 indirectly out of of in connection with the operation of the Lessee. lit no event shall Lessors be liable for any lost profits, lost savings, or other special, indirect, incidental, or consequential damages to Lessee, however caused, t whether for breach of warranty, breach of contract, tort :negligence, professional liability, strict: liability or otherwise, arising out of or related to use of the Wildlife Control .Dog for bird hazing activities. Wildlife Control Dog Lease Page 6 I Yf£l5tthioglf:ti 44:O5O 7 10 -140- IA, Disclaimer by Lessors, Lessors assume no responsibility for determining when it is safe to conduct bird hazing activities. bird hazing activities are conducted exclusively at the direction of City of Kenai personnel, Lesson recommend that no Hazing be perforated while aircraft are landing or taking off and that the dog handler be equipped. with a portable aircraft transceiver or in some manner be in direct radio contact with air /ground traffic control to obtain information and receive directions about when it is safe tc conduct hazing work, No wildlife control assessments, certifications, plaits or designs have been requested of :Lessors by Lessee, h is the responsibility of Lessee to determine whether such planning is warranted and /or required by the Federal Aviation Ad in in:lstl'ation. 15. Loss, Damage or Death of Wildlife Control Dog—Agreed Value. If, during the Lease Term, any of the following; events occur, then Lessee shall pay to Lessors a total of 10,000 which sum sq represent the agreed-upon fair market value of the Wildlife Control Dog. This sum shall be due to Lessors Ie,gardless of whether or not any of the following events were the result in whole or part of the negligence of Lessee, A. "I :lie Wildlife Control tog is physically damaged in a manner that adversely impacts its ability to perform bird hazing work at a level similar to that as existed alt the time of delivery of the Wildlife Control Dog to Lessee. B, The Wildlife Control Clog is Mist or stolen. The Wildlife Control Dog becomes pregnant, D. The Wildlife Control Dog cries by any reason other than by natural causes. Tf any of the above events occur, and Lessee =tuts payment of the agreed -upon fah: market value of 10,000, then in no event shall Lessee be liable to Lessors, their agents, heirs, executors, successors, and assigns, for any damages whatsoever in excess of the amount of the agreed -upon fair market value of the Wildlife Control Dog. 16, Entire Agreement, This Agreement constitutes the entire agreement between the parries, No modification or amendment of this Agreement is effective unless in writing and signed by both patties. 17. No Joint Venture. This Lease is not intended to create, and nothing in. this Agreement should convey, or be construed to create, a joint venture between the Lessee and Lessors. Wildlife Control Dog Lease Page 7 t !<t 4.f« t4lcasot)5i1710 -141- 18. Interpretation, Headings of paragraphs herein are solely for convenience of reference and shall not affect meaning, construction, or effect of this Lease. Unless the context otherwise indicates, words expressed in the singular shall include the plural and vice versa, Unless the context otherwise indicates, the use of the neuter, mtisculine, nr ferrri.nine gender shall include the others as well and the plural shall include the singular, 1.9< Validity of Pants. if any ter'm., condition, or provision of this A.greeu ent is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and a ll. other provisions shall remain fully en forceable, 20. Time of Essence. Time is of the essence in the performance of all rights and obligations of the parties to this Agreement, 21. No Waiver. If either Lessee or Lessors does not insist in any one or .nacre iristarices on the strict performance by the other party of any provision or article under this Agreement, it is not a waiver or relinquishment for the future; the provision or article will continue in fall force. Any Waiver or any provision of this Agreement cannot be enforced or relied upon unless the waiver is in writing and signed by the parties. 22. Rights or Remedies. No right or remedy herein conferred upon or reserved to earth respective party is intended to be exclusive: of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other right: or remedy given hereunder, or now or hereafter existing at: law or in equity. 23, Governing Law. The laws of State of Alaska will determine the interpretation of this Agreement and the performance thereof. 24. Disputes. In any dispute between the parties, the laws of the State of Alaska will govern, l.f any such dispute results in a lawsuit, the parties will bring the lawsuit before the superior court of the State of Alaska, Third judicial District at Kenai, 25, Attorney's Foos and Costs. IT any legal proceeding is brought for the enforcement of this Agreement, or because of e. dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevaailiaig party shall be entitled to recover —from the other party, in addition to any other relief to which such party may be entitled to, attorney's fees and costs pursuant to Alaska R. Civ, P. 79 and 82. Wildlife Control Dog Lease Page 8 t& sgtsfit4]gti%eEs 05Q7t0 142- 26, [4rffective Date This Agreement and all of its terms shall. be effective upon the liter of signature of both parties. 27. Duplicate Originals. This Agreement !nay be executed in duplicate originals. STATE OF CALIFORNIA COUNTY OF PLACER j h CAM :IRON CUNNINGHAM COMM, tt1 8 NOTARY PUaL1C CALIFORNIA PLACER COUNTY errs tdy Ownl, Ex piras June. 2012 �r•cr� .11rcv^ STATE OF CALIFORNIA COUNTY OF PLACER il€llife Cont:rod Dog Lease €s lug€:Vila O5O710 )ss }ss LESSORS: Brett Brogan, Owner ire :Brogan, Owner LESSEE: -143- laic i; R. Koch, City 'Manager THIS is r() CT�RflFY that on this O clay] of May, 2010, Brett Brogan; e ett r having produced satistfactory evi,t e; e of icientil`icatio €i, app cared before me and acknowledged the voluntary fin au t i ,ed execution of the foregoing instrument. Notary Public r .2a.liforn a My Comttiissio xpires; vin Zot THIS 1S TO CERTIFY tlia.t on this J.bb day of May, 20i0, .lane Brogan, having produced satisfactory evidence of identification, appeared before Page 9 me and acknowledged the voluntary and :l sized execution of the foregoing instrument. CAMERON CUNNINGHAM COMM, 111800029 r1OTARv Mane- cAuFortrm Notary Pub for Californ FI,ACF'.C� maim My COMM. xplres Juno i, 20:2 My Commission .1.'.`CIYIPG i; kti 5 r i S'TK1'E OF ALASKA )ss THIRD JUDICIAL DISTRICT TTE -US IS TO CERTIFY that 0.11 this 10 day of May, 2010, RICK R, l <,OCH, City Manager of the City of Kenai, Alaska, being personally mown to me or having produced satisfactory evidence of identification, appeared before; me and acknowledged the voluntaruk tit f E execution of the foregoing instrument on behalf of said City. PtrE AEI A pp' oved its for fora: ICrisit€ S. Stearns, City Attorney Notary Public for Alaska vty Commission Expires: W T?t trek Wildlife Control Dog Lease Page 1.0 iotigt Jtlt7gloti.e05€771 0 -144- CITY OF KENAI NOTICE OF AVAILABILITY OF SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT FOR KENAI MUNICIPAL AIRPORT IMPROVEMENT PROJECTS Pursuant to Section 509(b)(6) of the Airport and Airway Improvement Act of 1982, as amended, notice is hereby given that the City of Kenai intends further development at the Kenai Municipal Airport within the existing boundaries of the Airport. The proposed projects are: 2011 Construct paved Taxiways S and T and develop lease lots on east side of float plane water taxiway; realign and construct perimeter /security fencing and gates; and realign. Fourth Avenue into the Airport with electric, phone and natural gas utilities; 2012 Construct service /maintenance roads adjacent to Taxiways U and V; excavate Revetments 1 and 2; develop access taxilanes and roads into new lease lots; and extend electric, phone and natural gas utilities from Fourth Avenue along Float Plane Road and alongside Taxiway V to serve Revetments 1 and 2; 2013 Construct paved Taxiways U and V from Taxiway T to serve Revetments 1 and 2 on west side of float plane water taxiway; realign and construct perimeter /security fencing and gates; 2014 Construct Float Plane Facility Building to house pilot lounge, restrooms, taxiway lighting electrical controls and storage and outside vehicular parking area; and 2015 Extend Taxiway V, service /maintenance road and utilities to serve Revetments 3 and 4; construct Revetments 3 and 4; extend electric, phone and natural gas utilities to serve Revetments 3 and 4; and begin extension of water and sewer utilities into Float Plane Basin area if warranted. The Federal Aviation Administration, on behalf of the City of Kenai, has prepared a Supplemental Environmental Assessment of the proposed development and is requesting public input and comments. Copies of the Supplemental Environmental Assessment are available for public examination during the public review period at the City of Kenai, 210 Fidalgo Avenue, Kenai (907- 283 4378); Kenai Community Library, 163 Main Street Loop, Kenai (907 283 4378); Kenai Municipal Airport, 305 North Willow Street, Suite 200, Kenai (907 -283 7951); and Federal Aviation Administration, 222 West 7" Avenue, Anchorage (907- 271 5439). Persons seeking additional information should contact Wayne Ogle, Public Works Director, at 907 283 -8234 or at wogle @ci.kenai.ak.us. The City would appreciate receiving your comments as soon as possible and by May 21, 2010 at the latest, by regular mail, fax or email to 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 or by fax to 907 -283 -3014. Publish: Peninsula Clarion- 5/4/10 and 5/12/10 Anchorage Daily News- 4 /30 /10 and 5/7/10 ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING MAY 19, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comments limited to 10 minutes per speaker) J1€ 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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. 1. Brad Nyquist /D'Anna Gibson, Kenai Central High School Nordic Ski Team Beach Cleanup Presentation. 2. $2,500 APPROVED /JULY 4 EVENTS. Carol Bannock, Executive Director, Kenai Chamber of Commerce Sponsorship of July 4 Event. 3. Rachael Craig, Kenai Senior Center Director Older American's Month Presentation ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. (Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance No. 2479 -2010 to the May 19, 2010 Council Meeting. The motion to adopt is active.) a. SUBSTITUTED, AMENDED AND PASSED. Substitute Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the city Clerk's Conference Room.. 2. AMENDED AND PASSED. Ordinance No 2480 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. (Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance No. 2480 -2010 to the May 19, 2010 Council Meeting. The motion to adopt is active.) 3. PASSED UNANIMOUSLY. Ordinance No 2482 -2010 Increasing Estimated Revenues and Appropriations by 111.94 in the General Fund for the Police Department to Purchase Equipment From Asset Forfeiture Funds Provided to the City of Kenai. 4. PASSED UNANIMOUSLY. Ordinance No 2483 -2010 Increasing Estimated Revenues and Appropriations by S 190,000 in the Congregate Housing Capital Project Fund for Repair of Damage Caused by the Fire Suppression Sprinkler System Failure. 5. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting. The motion to adopt is active.) a. SUBSTITUTED/POSTPONED TO JULY 7, 2010. Substitute Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. 6. PASSED UNANIMOUSLY. Resolution No. 2010 -26 Urging the United States Department of Energy to Expeditiously Approve a Two -Year Extension of the Kenai Liquid Natural Gas (LNG) Export License. 7. PASSED UNANIMOUSLY. Resolution No. 2010 -27 Awarding a Contract to Holden Company for the Project Entitled Kenai South Beach Dunes Protection 2010 for the total Amount of 562,028.00. 8. PASSED UNANIMOUSLY Resolution No. 2010 -28 Recognizing the Achievements of Governor Walter "Wally" J. Hickel, His Contributions to Alaska, and Expressing Sincere Condolences to His Family. 9. PASSED UNANIMOUSLY Resolution No. 2010 -29 Authorizing the City Manager to Enter Into an Agreement to Lease and Operate Fuel Dispensing Equipment at the Kenai Municipal Dock with Jackson Enterprises, Inc. 10. AMENDED/PASSED UNANIMOUSLY. Resolution No. 2010 -30 Authorizing the City Attorney to File Suits on Behalf of the City to Enforce the City's Codes Regarding Health and Safety, Nuisance, Garbage, Refuse and Debris, Junk and Abandoned Vehicles, and related Land Use Ordinances and to Collect Civil Penalties for Violation of Same. 11. APPROVED /CONSENT AGENDA. *Liquor License Renewal Matson Winery, Inc., d /b /a Matson Winery Supply /Winery, License #4676 ITEM E: MINUTES 1. APPROVED /CONSENT AGENDA. *Regular Meeting of May 5, 2010. 2, APPROVED /CONSENT AGENDA. *May 8, 2010 Council Work Session Notes. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding 15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2485 -2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land Sales Permanent Fund, 5. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 7 INTRODUCED /CONSENT AGENDA. *Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments. 8. SCHEDULED /JUNE 15, 2010, 6:00 P.M. Action Schedule Board of Adjustment Hearing. 9. Discussion Town Hall Meeting Collaborative Leadership Training. ITEM H: 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. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (Public comment limited to 5 minutes per speaker) 2. Council EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2010 15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010-15, no time certain. The motion to adopt is active.) Resolution No, 2010 -23 Opposing An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 2, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenaLak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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 (Public comments limited to 10 minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. AMENDED AND PASSED. Ordinance No 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. 2. AMENDED AND PASSED UNANIMOUSLY. Ordinance No. 2485 -2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land Sales Permanent Fund. 3. PASSED UNANIMOUSLY. Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4. PASSED UNANIMOUSLY. Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 5. PASSED UNANIMOUSLY. Ordinance No, 2488 -2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments. 6. PASSED UNANIMOUSLY. Resolution No. 2010 -31 Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of its Volume Cap of Recovery Zone Facility Bonds to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of a Commercial Building in the City. 7. PASSED UNANIMOUSLY. Resolution No. 2010 -32 Awarding a Contract to Harbor Enterprises, Inc., d /b /a Alaska Oil Sales, for Furnishing and Dispensing of Diesel and Unleaded Fuel. ITEM E: MINUTES 1. AMENDED AND APPROVED. *Regular Meeting of May 19, 2010. 2. APPROVED. *May 24, 2010 Budget Work Session Notes. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2489 -2010 Local Amendments to the 2006 Uniform Plumbing Code, to Delete the Local Requirement That Underground Water Service Pipe Less Than Two Inches in Diameter Must be in Copper. 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2490 -2010 Increasing Estimated Revenues and Appropriations by $4,255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport. 5. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund. 6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2492 -2010 Reducing Estimated Revenues and Appropriations by $1,500,000 in the General Fund. and Library Improvements Capital Project Fund. 7. INTRODUCED/REGULAR AGENDA. Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. S. P. BRYSONRECOMMENDED UNANIMOUSLY. Action Item Appointment to Kenai Peninsula Borough Planning Commission. 9. NO ACTION TAKEN. Action Item. Schedule Work Session /Town Hall Meeting 86 Collaborative Leadership Training Review. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 86 Recreation Commission 6. Planning 86 Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention 8s Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (Public comment limited to 5 minutes per speaker) 2. Council MOVED TO 6/7/2010 SPECIAL MEETING. EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At its May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) Resolution No. 2010 -23 Opposing An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT enai !0/IL/Ira icipal Psirpert Airport Projects: 1te"t IO1. Airport Manager's Report For April 2010 Taxiway F, G, H Lighting, Grading, Drainage Improvement: Winter shutdown. Apron Rehabilitation: A tenant meeting was held March 16 to discuss the summer construction schedule. The meeting was well attended and every effort will be made to Float Plane Basin Facility Improvement Project: The draft Supplemental Environmental Assessment has been prepared and is being reviewed by all agencies. Runway Safety Action Teams (RSAT): A reminder that the RSAT team, composed of experts from Runway Safety, Airport Certification, Flight Standards, Air Traffic, and Operations, will be in town the end of April. The meeting with airport users is scheduled for 2:OOpm on Monday, April 26, at the Beacon Fire Training Facility. 10 Annual KPAF Update: The Air Fair committee is continuing their work for the event. They are still very much in need of volunteers to help with a variety of jobs, including cooks for the hamburgers and hotdogs, so if you have a couple of free hours let us know. The poster design should be complete by mid April. The next planning meeting is April 29, at 4:30pm in the Airport Managers office. Airport Full Scale Disaster Exercise: On Wednesday, April 28 the Airport and KFD will be conducting a Part 139 required full -scale emergency exercise. The drill is designed to evaluate the Airport Emergency Control Plan (AECP) in coordination with all area emergency agencies responding realistically. The public will see lights, hear sirens, and hear emergency radio traffic. Alaska Airmen's Trade Show: The Airport Manager and Assistant to the City Manager will be in Anchorage May 1 and 2 marketing the airport and the Kenai Peninsula Air Fair. The 2 day event is held in the Fed Ex hangar. Airport Operations Training: Brainseed Global Aviation Services and Alaska Airports Association have partnered to provide an airport operations practicum created specifically for Alaska airports personnel. This is a two and on half day training course scheduled at Ted Stevens International Airport from May 3-5, 2010. Two airport employees, Dan Evenson and Matt Landry, will be attending this training. 2010 -04 2010 -05 Airport Manager's Report For May 2010 Airport Projects: Taxiway F, G, H Lighting, Grading, Drainage Improvement: Project is complete and City Administration is finalizing the closeout documents. Apron Rehabilitation: A second tenant meeting was April 29 to discuss the summer construction schedule and the impact to operations. This meeting was also well attended and the contractor is very willing to work with each tenant and ensure there is little impact to their operations. Work is scheduled to start the week of May 10 KMA Proposed Float Plane Basin Facility Improvement Project: The draft Supplemental Environmental Assessment has been prepared in accordance with the National Environmental Policy Act (NEPA) and FAA guidelines. Copies are available at City Hall, Airport Administrative Office, and the Library for review. Comments may be received until May 21, 2010. 10 Annual KPAF Update: June 5, 2010. The committee is continuing their work for the event. They are still very much in need of volunteers to help with a variety of jobs, including cooks, table setup, poker table, traffic control, etc., so if you have a couple of free hours let us know. The poster, t- shirts and postcards are complete. The next planning meeting is Thursday, April 29, at 4:30pm in the Airport Managers office. Airport Full Scale Disaster Exercise: On Wednesday, April 28"', the Airport and KFD held a FAR 139 required full -scale emergency exercise. The drill involved an ERA Beech 1900 which was supplied by Era Alaska and emergency response agencies around the peninsula. Thank you to the KFD and all responding agencies. Alaska Airmen's Trade Show: The Airport Manager and Assistant to the City Manager attended the trade show on May 1 and 2 marketing the airport and the Kenai Peninsula Air Fair. The trade show was a huge success. A lot of interest was expressed for the development of lease lots and the air fair. Airport Operations Training: Matt Landry and Dan Evenson attended the Brainseed Global Aviation Services and Alaska Airports Association Airport Practicum training course at Ted Stevens International Airport from May 3 -5, 2010. They reported back that this was excellent operations training and were very appreciative of the opportunity to attend. Caring for the Kenai Airport Bird Dog: The lease has been finalized and Dog Whistle Goose Control will amve in Kenai on Monday, June 7th. Dog Whistle Goose Control Serving Greater Sacramento Page 1 of 2 ,sorv wrome; a c r -Yt frr .r!!t cortmonithrs rlf A ri oar A,uutr7., A c5(= l in fo Sal a rse WIli lego( .0 n1 Home out Us Goose Dog 'hogs nadE es ro Regulations ...ins gist's Iin loose c Saws Go o Ev 1o0 r rile ot::.i'rt W;is !e nose n r>4 !sra°l r°1:ii`e and r rmtr! feld or Gees http://www.dogandwhistlegoosecontrol.com/ How do we dear your property of nuisance Canada geese we direct our trained Border Collie dogs to safely move them. This type of goose control, known as hazing or harassment, does not harm geese but it .does unsettle them. If the geese go to water, we move them out of the water. The result is geese fly away from your property. Repetitive canine patrols instill a predator fear in geese and convince them to find safer places to forage and nest. The results are immediate and long lasting. Two important notes on how our Border Collies work: 1) the dogs are always accompanied by a handler and never dropped off and ieft to work on their own and 2) they do not bark at the geese, but work as predators do, with stealth, speed and vigilance. Hazing is recognized by government agencies and animal rights groups as a humane and effective method of goose control. Federal or State permits are not required to perform this work as no chemicals, traps, or other harmful techniques are used to dissuade the geese from taking up residence on your property. Safety is key to our work. Some procedures we employ to work safely include; Waiting for people to dear an area or complete their activities before allowing the dogs to run. 5/6/2010 Dog Whistle Goose Control Serving Greater Sacramento Page 2 of 2 vi& L Do E t1n1 W:l Privacy ROMy W:6�te Unless noted a'therwise, ail co heat and images Q Dog i['1 Goose Contrail' 2 1 All rights reser -d. http:// www .dogandwhistlegoosecontrol.com/ Driving slowly with service lights on and giving pedestrians a wide berth. Coordinating hazing with air traffic when working in the vicinity of airports. We advise airport authorities in advance of our hazing work and at non- controlled airports we radio broadcast to pilots where and when geese are about to take flight. Wearing life vests when accessing water by kayak or other watercraft. Hazing with canines is paws off nuisance geese removal or abatement. The dogs chase after the geese, but do not catch up to them. When geese are unable to fly during molt, gosling maturation, or if injured, the dogs are not allowed to pursue them. Our dogs are friendly and love to interact with your patrons and employees, All of our goose dogs have achieved the American Kennel Club Canine Good Citizen (CGC) certificate. :rr ate and are the owners and dog handlers of Dog Wh s Goose Control. We have raised and trained working dogs for over 25 years. We service the Valley and Foothill communities of Sacramento, Yolo, Placer, El Dorado and Nevada County. From Grass Valley /Nevada City to Elk Grove, from Roseville /Rocklin to Davis we can reclaim your green space. Work sites include agricultural fields, parks, schools, golf courses, cemeteries virtually any residential, commercial or institutional location where geese gather. To provide a cost for our service, we need to review your site to determine the best hazing strategy. Please call to schedule a no -cost site review and geese clearing demonstration, Our Bord r C'on...s put a git -along in problem geese or honkers as they are sometimes called. Our dogs' drive, ability to respond to our commands, and boundless energy make them the best dogs for the job. Nick, Tess, Rose Slip are ready to clear your property of nuisance Canada geese, wild turkeys and other wildlife pests. Call today for a geese clearing demonstration! (530) S23 -3628 5/6/2010 ERA GRANT Change i4ENAl Combined Month AVIATION AVIATION Total 2009 from AVIATION Month Total 2009 January 4,466 1,797 6,263 6,824 -561 129 6,392 February 4,142 1,805 5,947 5,971 -24 110 6,057 March 4,385 2,018 6,384 6,029 355 126 6,510 April 5,804 May 6,611 June 6,857 July 9,612 August 9,153 September 7,379 October 6,919 November 6,714 December 6,260 Totals 12,974 5,620 18,594 84,133 230 365 18,959 April FY09 $11,282 FY10 $13,035 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 Terminal Vehicle Parking Revenues Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May tun Ti(evv IOc, FY09 t FY10 0 E rn E (i) 0 c cD 70'J co 4.A 5 2 :5 p. 2 =1H E.. 5' E.g :7..=5-. 9_ -j 7 7 C E io4 the czty at �CENAI SKA NV MEMO: TO: FRO ATE: A attachments Rick Kcch, City Mnager Christine Cun rit 13, 2010 cc: Dan 0. Pitts Mary Bondurant, Airport Manager h aaye it a Past, C 210 Fidalgo Avenue, Kenai, Alaska 99811-7794 Telephone: 907-283-7535 FAX: 907-283-3014 SUBJECT: Lot 'IA, FBO Subdivis Dan O. Pitts (a) Ca se t et Assignnnt of Lease (b) Assignment tf L-ase ftr S,curity Pi )rp*s s ng r A sist n ity an Revnloe. 0 aeg tvg The City has received a request for approval of the above referenced agreements. The leased property is shown on the attached map. The lease allows for an assignment with the written consent of the City. The City Attorney has reviewed the proposed documents and has no objections. Payments to the City and Borough are in compliance, If Council approves the assignment, the Consent to Assignment can be forwarded for your signature. 4- 1992 Lo 'I A FBO Subd:vision South Addition r11,t J *1 April 13, 2010 CONSENT TO ASSIGNMENT a F LEASE d R SECU Q TY PU POSES The City of Kenai, Lessor in an Agreement recorded in the Kenai Recording District on July 27, 1984, at Book 243 at Pages 491 e 505, covering the following described property: Lot 1A, H30 Subdivision, South Addition, according to Plat No. 84 -218, filed in the Kenai Recording District, Third Judicial District, State of Alaska, hereby consents to the assignment of the right, title, and interest of the Lessee in. the above referenced lease agreement, as amended, for security purposes, to First National C Alaska, whose address is Corporate Headquarters, 101 West 36 Avenue, Suite 333, P.O. Box 100720, Anchorage, AK 99510. Th.i.s Consent to Assignment is given by the City of Kenai without waiving any right or action and without releasing Dan 0. Pitts Assignor, from any liability or _responsibility under the aforementioned Lease. This Consent does not relieve the Assignee from the condition requiring City approval for any subsequent sublease or assignment. Lessor's consent shall not be construed to imply in any way that the Decd of Trust grants any right to collect the rent payable to Lessor under the lease agreement. Dated this day of 2010. Consent to Assignment of Lease for Security Purposes Page 1 of 2 STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT CITY OF KENAI By: Rick R. Koch City Manager THIS IS TO CERTIFY that on this day of 2010, Rick R. Koch, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Consent to Assignment of Lease for Security Purposes Page 2 of 2 Notary Public for Alaska My Commission Expires: ASSIGNMENT OF LEASE FO SECURITY PURPOSES Dan 0. Pitts, whose address is P. Box 1916, Kenai, AK 99611, hereinafter called "Assignor assigns and transfers to First National Bank Alaska, whose address is Corporate Headquarters, 101, West 36 Avenue, Suite 333, P.O. Box 100720, Anchorage, AK 99510 -0720, hereinafter called "Assignee all of its right, title and interest under the lease agreement dated June 19, 1980, as amended, between City of Kenai, 210 Fida.lgo Avenue, Kenai, Alaska 99611 as Lessor and Assignor as Lessee, which covers the following described real property: Lot 1A, FBO Subdivision, South Addition, according to Plat No. 84 -218, filed in the Kenai Recording District, Third Judicial District, State of Alaska Assignment of Lease for Security Purposes Page 1 of 3 This Assignment is executed as security for repayment of plus interest evidenced by a promissory note in said amount of even date .herewith executed by Assignor in favor of Assignee. As further security, Assignor concurrently with execution of this Assignment has executed a deed of trust covering the above described property, and hereby incorporates in this Assignment by reference all of the default provisions provided in said deed of trust and authorizes Assignee in the event of default by Assignor under the promissory note, deed of trust or this Assignment to foreclose the security covered thereby. Assignor agrees to execute any further documents necessary or appropriate to effectuate the purposes of this Assignment. DATED this day of 2010. ASSIGNOR: ATTEST: Name Title Assignment of Lease for Security Purposes Page 2 of 3 By: Dan 0. Pitts ASSIGNEE: By: First National Bank Alaska Its: STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2010, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss THIS IS TO CERTIFY that on this day of 2010, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the fore instrument. Assignment of Lease for Security Purposes Page 3 of 3 Notary Public for Alaska My Commission Expires: Notary Public for Alaska My Commission Expires: S U STAINA tv9 ENT Ti April 12, 2010 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; Anything you need or comments let me know. Bert Wagnan Senior Vice- President Iter to. sent via email PERM 4aiNI iq{. lautAGEmahr Enclosed is our March 2010 report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions. As this report coincides with the end of a calendar quarter, performance data is included. At month -end, the market value of the portfolio was $21,075,977 which includes $84,058 in accrued interest. Based upon the composition of the portfolio at month end, the annual cash flow would be $301497. N CO N 1 .42` CS N CC Lrl N r-i N b (N C7 Lr N C) N -121- 8 8 (setup) thintell leolvociod slO SIS Oo 0 00 m C 04 N N C. 00 C i C CC 0 0 0 0 C c!" r-- en 6 6 05 en 6 6 6 .4" ‹...1 v-•-■ N 00 01 0 00 0 0 N 0 N. .S c re 00 Ch hn r N e en a 6 00 .,--1 6 CD N N IN C Ce v 6. ,C. 6 m ri 00 I g t N 0 0 C:7 0 41 C 6 6 r,. r...1 (-4 .1'1" 00 01 IC 00 0/ 0 a C. 0 00 01 0 0 0 C en C C C N. 0 C C 0 0 0 C. N. C 1 0 en 0 C en N.. 00 en at g 0.1 .0 '0 I.0) 00 .e 0.0 .:20 (4 N a rn. 0.1 01 0 00 en 0 el N wel: C. 0 04 a en C. CT (-1 6 N eel 6 4 6 6 0 0 ;17 01 01 ..A .1. on C. CI 0 .1 NI C 00 0 00 0 0t (.4 PC, eq, en 6 6. 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CD CD CD V% co of 7 a; CA 6; b b -y k4 N 0 V'i in .-n VD tel r. c.4 n 4a cc N s�'i rt vi' P" 1C.1 N ep 4.1 Q ca m Qaa q 2 10 c C4 CI. n I ID 4=4= N ri ra h4 V 'C2; C7 0 b a 0 0 C7 0 C3 0 ww C? m (4 4 c; -.4 T m 4 M 4 M M M M m m r t'^, v.. rn C› b M A D CP C? 0 b b CP 0 4 0" C> C? C? G R C> b C> 0 C, 0 0 C Ca 0 0 M4 CN wr in 4 ..a r: r4 N CD d M u C� O C? b CV C� M "I''' M, W i i 0 M 0 0 O C} rn 0 0 M M n% M on nn rn G 0. 0 0 M M 0 M O 0 CP 0 .0 0 C7 4 KENAI; ALASKA MEMO: cc: ENA, LLC attachments I&eI' lO "Vlla ewitha Past; Ct•t 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 253 -75351 FAX: 907- 283 -3014 1 TO: City Council FROM: Christine Cunningham, Assistant to City Manager THROUGH: Rick Koch, City Manager DATE: April 13, 2010 SUBJECT: Mutual Rescission of Lease ENA, LLC Lots 5 6, Block 1, F.B.O. Subdivision Should Council approve the attached Mutual Rescission of Lease, the original would be forwarded to the Lessee for signature. Attached is a fetter from Robert W. Everts on behalf of ENA, LLC, requesting execution of a Mutual Rescission of Lease effective March 31, 2010 for failure to complete improvements as required in the Lease. The lease allows for cancellation for failure to complete required construction under Article XIV, paragraph 2 of the Lease. The Lease required the completion date for constructed improvements to be within two years of the date of the lease, which date is March 31, 2010. ENA, LLC is in compliance with the City and Borough. The City Attorney has reviewed the attached Mutual Rescission of Lease and has no objections to the form. City of Kenai Ms. Kim Howard Assistant to City Manager 210 Fidalgo Ave Kenai, Alaska 99611-7794 RE: Lots 5 6, Block 1, F.B.O, Subdivision Dear Ms. Howard: E1JA LLC PO Box 61680 F bc4' c4; Alatcv 99706 (907) 450 -2375 March 16, 2010 This letter serves as fonnal notification that ENA LLC will not be completing the required improvements as defined in Article XIV of the Lease of Airport Lands executed on April 1, 2008. Please proceed with initiating the termination of the Lease of Airport Lands effective March 31, 2010. While it was the intent of ENA LLC to make the proposed required improvements, the property has been determined unsuitable for our large aircraft operations and it is no longer feasible to maintain the lease at this time. We would like to explore the possibility of leasing a larger piece of property that would be more suitable to our construction needs: If this option is available, please forward information regarding the property to our office for review. Please feel free to contact me should you have any further questions in this matter. Your prompt attention to this matter is greatly appreciated. RWE/bds Very truly yours, ENA LLC By bert. W. r erts e gister gent ale Of K N ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $591,268 IN THE AIRPORT LAND SALES PERMANENT FUND AND BOTH INCREASING AND DECREASING ESTIMATED REVENUES IN THE AIRPORT FUND FOR FUNDS RECEIVED FROM THE AIRPORT LAND SALES PERMANENT FUND. WHEREAS, Ordinance No. 2326 -2008, KMC 7.30.020, changed the investment methodology for the Airport Land Sales Permanent Fund; and, WHEREAS, Ordinance No. 2326 -2008, KMC 7.30.020, requires all investment earnings to be reported in the Airport Land Sales Permanent Fund and then allows for a percent of market value of the fund to be transferred annually to the Airport Fund for operations; and, WHEREAS, the allowable transfer amount for the policy's second year (FY 10) is restricted to 5% of the funds market value at December 31, 2008 (5% of S17,825,369 S891,268) or the increase in the market value of the fund from the effective date of Ordinance No. 2326 -2008 to May 31, 2010, less appropriated transfer amount for FY09 ($283,044.08), which ever is less; and, WHEREAS, the increase in market value since adoption of Ordinance No. 2326 -2008 r rhn nn nn n n nn i7 nn o� $3,305,567 less $283,044.08, the amount appropriated in FY09, is $3,022,522.92; and, WHEREAS, as S891,268 is the lesser of the calculated amount, and is the maximum allowable transfer for FY 10 requiring an increase to the budget of $591 ,268. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land Sales Permanent Fund Increase Estimated Revenues: Investment Earnings CITY OF KENAI ORDINANCE NO. 2485 -2 010 New Text Underlined; [DELETED TEXT BRACKETED] It I 0 h Suggested by: Administration $591,268 Increase Appropriations Transfer to Airport Fund $591,268 Ordinance No. 2485 -2010 Page 2 of 2 Airport Fund Increase Estimated Revenues: Transfer From Airport Land Sales Permanent Fund $591,268 $591,268 Decrease Estimated Revenues: Appropriation of Fund Balance PASSED BY THE COUNCIL OF THE CITY OF KENA June, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT POR R, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] is second day of Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: June 2, 2010 Iwa of KENAI. ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 11, 2010 Re: Ordinance 2485 -2010 f/` /la e with a Past, C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 1 FAX: 907 283 -3014 Ordinance 2326 -2008 modified the investment parameters (KMC 7.30.020) for the Airport Permanent Fund with the expectation of generating higher returns on a long -term basis and to provide more consistent cash flows to the Airport. Ordinance 2326 -2008 established a percent of market value method for determining the amount of Airport Land Sales Permanent Funds balance to he made available annually to fund airport operations. The policy allows 5% of the Airport Land Sales Permanent Fund balance to be made available for Airport operations regardless of investment performance. To protect the funds initial investment from unexpected investment losses in the first two years after conversion, transfer in FY10 is restricted to 5% of the funds market value at December 31, 2008 (5% of $17,825,369 $89 or the in.erease in the m arket value of the effective e o. x., fend from the feelve ds of Ordinance No. 2326 -2008 to May 31, 2010, less the amount appropriated for FY09 ($283,044), which ever is less. The market value of the fund on May 10, 2010 was $20,993,280.18. The increase in market value since adoption of Ordinance 2326 -2008 has been $3,871,918.26. FY09 transfers were $283,044.08. KMC limits the transfer to the lesser of $891,268 and $3,588,874. Absent significant declines in the market value of the portfolio in the remainder of May 2010, the transfer amount for FY10 will be $891.,268. The FY10 Budget estimated earning of the fund would be $300.000 requiring a budget amendment of $591,268. Blanks have been inserted in the Ordinance as the actual fund value at May 31, 2010 will not be available until just prior to the June 2nd Council Meeting. A suggested amendment will be prepared for the June 2nd Council Meeting to fill in the two blanks. The suggested amendment is not anticipated to include any change to the appropriation amount. SU e city o KENAI A S S Rem 10i. e �G m p 210 hidalgo Avenue, Kenai, Alaska 99611 -7794 Telephones 907 -283 ®7535 FAX: 907= 283 =3014 Christine Cunningham, Assistant to City Manager o Nancy Carver, Planning Assistant TE: May 27, 2010 JECT: Lease App[!iication m Ken MkjsM Pipe Une LLC (KNPL) Pardon f Traat KenA Spur Attachment: Memo to Planning Zoning Commission dated 5/11/10 irport Lease P per ty, Piet N., 78 111 At their meeting on May 26, 2010, the Planning and Zoning Commission reviewed the above= referenced lease application. The Commission found that the lease conforms to the Comprehensive Plan and Zoning Code. 3992 the cay EMIL AM PM h� o I G9 a Past, Cit wit a Fiagre 210 Pidalgo Avenue, Kenai, Alaska 99611 =7794 Telephone: 907 =28:3=7535 FAX: 907-283-3014 FROM: DATE: SUBJECT: Lease Application Kenai Nikiski Pipe Line LLC (KNPL) Portion of Tract A, Kenai Spur Airport Lease Property, Plat No. 78-111 Planning Zoning Commission Marilyn Kebschull, Panning Administrator,.. May 11,2010 The City of Kenai has received a lease application from Kenai Nikiski Pipe Line LLC (KNPL), a subsidiary of Marathon Oil. As outlined in KMC 21 010.060, the application is being referred to the Commission to review and determine if the application is complete, meets the zoning ordinance and the Co prehensive Plan. Attached is a memo from the City Manager's assistant explaining that the lease is being submitted by the firm for an existing pipeline valve in a concrete vault and concrete pad for antenna tower with a small building. This is an existing use which in the past was permitted through a Special Use Permit. The lease will require a subdivision of the area from the parcel, The property is zoned Central Muted Use (CMU). "The CMU Zone is established to provide a centrally located area in the City for general retail shopping, personal and professional services, entertain ent establishments, restaurants and related businesses, The district is also intended to accommodate a mixture of residential and commercial uses. The CiViU Zone shall be designed to encourage pedestrian movement throughout the area. Building and other structures within the district should be compatible with one another and the surrounding area." Essential services are permitted in the zone. This is an existing utility company facility (Kenai Nikiski Pipe Line LLC (KNPL)) and considered an essential 1992 Lease Application Ken i Nikiski Pipe Line LLC (KNPL) Page A portion of Tract A, Pat No, 78-111 service, No additional construction is planned. The lease will accommodate the existing use. The Comprehensive Pan classifies the parcel as City Center /Mixed Use, The Plan does not speak to essential services (utilities). However, if would be assumed that utilities are compatible with the Dian. DOES THE COMKUSSON RECOMMEND THE MY PROCEED M TH Th E LEASE WITH KENA N0D SK PPE UNE LLC ((NPL), A PORTION OF TRACT A, KENA SPUR A3RPORT LEASE PROPERTY? Attachments T FAO TE: RE: Attachments the of KENAI, s ChrBsidne Cunningham, May 10, 2010 -]se AppIiicat e 'ith a bast Ct lllyr Kebschullil, City Planner 0 cc: Rick Koch, City Manager Mary Bondurant, Airport Manager ur 210 Eidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 lip 192 ssastant to City a1 Po n f Tr cf A Plat Ito 7 di, a Fi4i VC 'V Attached is a lease application for the referenced property, located outside the Airport Reserve. Greg Newman, on behalf of Kenai Nikiski Pipe Line, LLC (KNPL) wishes to lease the property which is the site of an existing small concrete pad, an antenna tower and conduit for the concrete pad to an existing valve vault on an adjacent portion of property beneath Main Street Loop in Kenai. A Special Use Permit (SUP) entered into on October 19, 1998 for a term of ten (10) years, granted Marathon Oil Company the right to install the concrete pad, antenna tower and conduit. KNPL is a subsidiary of Marathon Oil and it is operated by Marathon Pipe Line LLC. The applicant proposes to lease approximately 22,575 square foot portion of the property rather N o f it SUP which h October 19, Municipal Cod �hFan, request renewal u� its SUP, ��h�c„ Expired 008. Kenai restricts special use permits and they are not covered in the Airport Reserve land code under KMC 21.15. This property is not currently subdivided and has not been appraised, the lease rate would be determined based on 8% of the fair market value and would commence when the SUP expired in 2008. The applicant is requesting that the Lease incorporate a license permitting the valve vault, which is located in a Right of Way outside the referenced property and beneath Main Street Loop, as shown in the attachment at Book 0550, Page 316. Enstar was previously granted a non- exclusive 10' Easement for the same area in which the valve vault is located. Please forward the attached application to the Planning and Zoning Commission for consideration as outlined in KMC 21.15.060. The filing fee and applicable deposits have been submitted. April 27, 2010 Christine Cunningham Assistant to City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 RE: Renewal /Lease Agreement Dear Ms. Cunningham: Sincerely, Greg Newman Senior ROW Specialist Marathon Pipe Line LLC pp L LLC 539 South Main Street Findlay, OH 45840 -3295 Telephone 4191422 -2121 Enclosed you will find the paperwork we have discussed in order to get the above reference agreement started. 1 have also enclosed two separate checks for the required fees to get the process started. Please let me if you need additional information and thank you for your assistance in this matter. 1. Lease ±22#c2Gon Additionall b f £Aat#n 3. Expire SU 4. Existing Pit drawing 5. Aeri 1. Name of Applicant submit it with this application. APPLICANT'S SIGNATURE: Printed name: 6ret CITY OF KENAI 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 (907) 283 -7535 Ext. 223 CEASE APPLICATION For Land hhgide-the Kenai Municipal Airport eserve 2. Business Name ke k iSk 4 LL L) 3. Business Type (circle one) sole proprietor partnership corporation p 5. Mailing Address 43 2 k nt 6 Spar H10 P4 0 2? kt' trittigg 6. Telephone 48 y 'X` 7. Email Address �n n 'i i oalesn0e 10 8. Kenai Peninsula Borough Sales Tax No. (if applicable) 9. Land Requested: If platted, give legal description 1 r f 7 w I If not platted, attach a site plan showing the proposed dimensions and location on the Airport. Page 1 of 3 4. AK Business License No. g APPLICANT'S SIGNATURE: Date: Printed name: Title: FOR CITY USE ONLY Date Signature IA 10. Proposed Use of the Property (Be specific) 12. If you plan to base or service aircraft on the property, give a. Make, type, wingspan of the largest aircraft M b. Total number of aircraft you expect to be based or serviced on the property at one time 13. If you plan to construct improvements or otherwise develop the property: a. Attach a Development Alan (see attached checklist) 2 xp reA oec36.1 b. Describe the building type, construction materials, size, etc. 5'' C' bit n €8��� liti tl y o Ho S t ye `4) s e, c. Construction beginning date M A d. Construction completion date (maximum of two years) NA e. Estimated total cost of the proposed development improvements N A 14. If you plan to operate a business on the property, attach a business plan (See application instructions). 15. If you would like the City to consider any additional information relating to your proposal, please put it in writing and s���e t v kie ',n e cre4t Le 4,,d etaae 11. Lease Term Desired nth otg �s years Date: ¥-,47- ®0 1 isle: nor 6 i Spee m14 6 Se KENAI MUNICIPAL AIRPORT Lease Application for Land I rde thc Kenai Municipal Airport Reserve EVEL PI LENT PLAN CHECKLIST 1, (All items must be included before a lease application will be accepted.) A DEVELOPMENT PLAN MUST INCLUDE A Dt.A WING AND A NA, .R TIVE. awhngs must be drawn to scale, but need not be prepared by an architect or engineer. Drawings must show the following: a. The layout of the lot showing the height(s), size(s) and location(s) of all Existing buildings_ Proposed buildings AM Existing and proposed antennas, poles, and towers FAA Form 7460 -1 Notice of Proposed Construction (This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website http: /www.faa.gov/ airports _airtraffrc /airports /regional guidance /alaskan The site has a menu for forms at the bottom of the page.) Lease requires evidence of compliance prior to development. r b. Parking facilities (location and number of spaces) Highway vehicles Aircraft support vehicles (non highway) Aircraft v c. Site improvements Page 2 of 3 Areas to be cleared and method of disposal s. Proposed gravel or paved areas 4 Landscaping plan (retention of natural vegetation and/or proposed planting areas) d. Building set backs e. Drainage plan and snow storage areas f. Traffic circulation plan (all entrances, exits and on -site access) g. Location of sign(s) (sign peunit required before installation) h. Fencing (permit required before installation if height exceeds 6 feet) i. Curb cuts (where applicable) 2. Narrative must explain how your proposed use and development of the property will conform with: a. the zoning ordinance of the City b, the comprehensive plan of the City c. the latest FAA- approved Airport Layout Plan for the Airport d. the latest Land Use Plan for the Airport (This Site P1 KENAT MUNICIPAL AIRPORT Lease Application for Land litside the Kenai Municipal Airport Reserve j EtA55� SITE PLAN C P E ECKLRST n is only required when the land requested by the ,gipllcant is not a plaited lot or tract.) A Site Plan must be drawn to scale, but need not be prepared by an architect or engineer. The Site Plan must show the following: 1. The length of each side of the proposed lot 2. The approximate bearing of each side of the proposed lot 3. The approximate distance To any adjacent platted property, if within 200 feet To the Airport Reserve boundary, if within 200 feet Between the centerline of Runway 1L 19R and the nearest point on the proposed lot boundary (measured perpendicular to the runway centerline) To the centerline of the nearest public road or street 4. A North arrow giving the approximate orientation of the proposed lot to True North 5. The general relationship of the proposed lot to other lease lots on the Airport (this may be provided by marking the location of the proposed lot in red on a copy of the Airport Layout Plan) Page 3 of 3 April 27 2010 A ditional Information Sheet Renewal of City of Ke al Sped' I Use Permit aekgroun d The expired SUP was for the purpose of installing a small concrete pad, an antenna tower, and conduit for the concrete pad to an existing valve vault on a portion of property off Main Street Loop in Kenai, specifically a portion of Tract `A'. Marathon currently has a building on the property and the City has discussed leasing an approximately 22,575 square foot portion of the property to Marathon. This would be a lease rather than an SUP since the airport reserve land code restricts special use permits and they are not covered by the airport reserve land code in KMC 21.10. The valve vault appears to be located in a Right of Way outside the property we've been discussing. Enstar was previously granted a non- exclusive 10' Easement for the same area in which the valve vault is located. I've spoken with the City Attorney regarding whether or not Marathon could address the valve vault location in the Lease Agreement and have been told that it could be incorporated as a license in the Lease Agreement. This previous Marathon Oil Company pipeline is currently under K.enai Nikiski Pipe Line LLC which is operated by Marathon Pipe Line LLC. Path Forward We would like to obtain a current lease for the property and incorporate a license for the expired SUP agreement. SPECIAL USE PERMIT uojti The CITY OF KENA3, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611, for the considerations of and pursuant to the conditions and requirements set forth below, hereby grants to MARATHON OIT, COMPANY, P. O. Box 1949, Kenai, Alaska 99611, hereinafter sornetirnes referred to as the PERMTTTEE, the right to install a small concrete pad, a 40' antenna tower, and conduit for the new concrete pad, to an existing valve vault at the location as shown, on the attached as-built certification (Attachment I) and described as a portion of Tract A, Kenai Spur, Airport Lease Property, Plat 78 -111, Kenai Recording District, Kenai, Alaska, owned by the City of Kenai. 1. Tenn: This special use permit shall commence on the 19 day of October 1998 and shall extend to and through the 19 day of October 2008. The permit period may be extended by mutual written consent of the parties. 2. Rig Entry: Entry and occupancy is authorized as of the 19 day of October. 1998. 3. Use: The use by the PERMITTEE of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the administrative actions of the City of Kenai for public safety and the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. 4. Indemnification: PERMITTEE agrees to hold the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the PERMITTEE, his agents, employees, customers, invitees, or arising from or out of the PT;RMITTEE'S occupation or use of the premises demised, or privileges granted, and to pay all costs connected therewith. PERMITTEE shall be responsible for following all federal, state and local laws and regulations regarding use of the property. PERMITTEE' is aware of the existence of utility lines en the premises and shall take all appropriate measures to protect and avoid damage to those lines. 5. Forbearance: Failure to insist upon a strict compliance with the terms, conditions, and requirements herein. contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 6. Solicitation: The operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above airport lands, without the written consent of the City, is prohibited. 8. Cancellation: City reserves the right to cancel this permit on one (1) year's written notice, either delivered in person to the PERMITTEE named herein or his replacement, or by mail to the address set out above. SPECLaL, USE PERMIT Page 1 of 2 ,gam /f /997 DATED this `"day oiCataber PERMITTOR: CITY OF KENAI By PERMITTEE: MARATHON OIL COMPANY STATE :P ALASKA TIIRD JUDICIAL DISTRICT ss. By: STATE OF ALASKA ss. 'I`UJ.RD JUDICIAL DISTRICT 3 O CERTIFY that on this `'day oar, 1 RICHARD A. ROSS, City Onager.. of Kenai, Alaska, 'being peisonall.y known to me, appeared before me and ib�d e tlxeluntaxy and authorized execution of the foregoing instrument on behalf of said :for the pi the rein mentioned. Notary Public for as My Commission Expires: THIS IS TO CERTIFY that on this 9-6"4 day of der, 1998, J. A. Barnes, Alaska Regional Manager for MARATHON OIL COMPANY', being personally known to the or having given satisfactory proof of identification, appeared before me and acknowledged his voluntary execution of the foregoing instrument on behalf of MARATHON 011 COMPANY for the purposes therein mentioned. i P. Y n z ','t LlG No ary Public for Alaska r-- My Commission Expires: /0� /7/O SPECIAL USE PERMIT ERMIT J rcoo' Page 2 of 2 Richard A. Ross, City M. ager arnes, Alaska Regional Manager 00�855O TE315 30' Access Easement Centerline of which is described cs f ogirmiscreii commencing at the eostern most corner of Tract 'A' common with the southern most corner of Tract '8 -1'; thence N42'31'00 "W 106.77 along common property line between Trects 'A' and 'B 1' to the TRUE POINT OF BEGINNING; thence 543'29'37 "W 156 FT. more or less to the Eost ROW line of, Loin Street Loop, the TRUE POINT Ofi ENDtNS. l LEGEND .D2a 7' box R 21100 L 35.48' Scale: 1" 50' Plat: 78 --111 proposed fenced ore.i for nesv cntenoo and controls 1 o( c .Q o f y FT %C' -e /r ay. KENAI RECORD €NG DISTRICT Date: 29 October, 1998 Drawn: CB W.O. 98264 Disk: \D24 \LeasePro E.B. 98' Pg. 84---89 lit, 605 Swires Drive Kenai, Alaska 99611 -8363 SURVEYORS PHONE (907) 283 -9047 PLANNERS RS FAX (907) 283 -9071 ALA\ AS BU C El Phone Ped As -Built Certificate Exclusion Note: fl o t 3 5 KENAI REC j DISTRICT REQUESTED R A 1 Jfili 22 T CATI Tract 'A' Re bnr (fo .r M iectric Ped 1 hereby cer ?i #y that the improvements hereon' exist a Underground Gas ---Q— Underground Phone os shown so the following descr property. Shoulder Existing Traveled Way Renal Spur Airport Lease Property, and that no encroachments exist except as indicated. 1) This is o survey of the existing traveled woy and Improvements required by Marathon Oil Company as directed by their field representative. No other improvement within the parcel were located at this time. Marathon li Special Use Permit Tract A, Kenai Spur Airport Lease Property March 8, 2010 kiNy May 6, 2010 Alice L. Salzman Heal Estate Contracting Officer USDOT /FAA 222 W.7"' Ave., #14 Anchorage, AK 99513 Subject: Kenai AFSS, FAA Lease DTFAALw08 -L -00001 Dear Ms. Salzman: "Villa ye with a last, cc 210 Fidaigo Avenue, Kenai, Alaska Telephone: 907- 283 -7535 Fax: 907 283 -3014 www.ci.kenai.ak.us The purpose of this correspondence is to discuss the above- referenced lease and provide a broad outline of the City's position with regard to an extension of the FAA's current lease with the City. As we've discussed, the City is interested in entering into a negotiated lease extension for the AFSS in Kenai past the September 30, 2012 lease expiration date. To facilitate negotiations, the City ordered an appraisal for the purpose of determining fair market rent based on the terms of the existing lease. MacSwain Associates, LLC, prepared the attached Summary Appraisal Report, which estimates the annual lease rate at one hundred thirty two thousand dollars ($132,000). The new FAA constructed storage building was included in the appraisal, and, as a result, the City reduced the annual market rent by twelve- thousand dollars ($12,000), resulting in a proposed annual lease rate of one hundred twenty thousand dollars ($120,000). For purposes of discussion, the City offers the following terms, to be included in a lease extension agreed upon by both parties: 1. The Lease Extension would become effective October 1, 2012 fora term of twenty years (ten years minimum). 2. Utilities would be the responsibility of the Lessee. 3. The City will responsible for snow plowing and snow removal. 4, The City will responsible for asphalt sealing of parking lot every six years, beginning in 2012. 5. The City will paint parking lot markings and re -paint every three years. 6. The City will replace all carpet floor coverings and replace all carpet every ten years thereafter. Other floor coverings will be replaced every 15 years. 7. The City will paint and /or replace all wail coverings and will paint and/or replace all wall coverings every ten years thereafter. 8. The City will re- coat/replace the roof in 2013, and re -coat the roof every ten years thereafter. 9. The City will replace all interior light fixtures as necessary in 2012. 10. Replacement of ail interior light bulbs and ballasts will be the responsibility of the Lessee. 11. Interior lighting fixture replacement due to failure will be the responsibility of the City. 12. The City will construct improvements to comply with the Architectural Barriers Act Accessibility Standard ABAAS) as identified in the assessment conducted by the FAA and transmitted to the City Manager on December 22, 2 009. 13. The City will re -model the restrooms to comply with the ABAAS assessment and replace counters, fixtures, partitions and finishes. 14. In the event FAA initiates cancellation of the lease in less than five years, the FAA would pay the City a pro -rated amount for the value of the improvements made by the City, per the following table: The value of the improvements will be established through a competitive bidding process. Again, this is just a place to begin discussions. I appreciate your patience for the time it has taken for the City to get an appraisal of the property and to draft this proposal. Thank you for your attention in this matter. I look forward to our discussions. Sincerely, CITY OF KE Rick koch City Manager Attachments Year of Lease Percent of Improvement Costs First 80% Second 60% Third 40% Fourth 20% MacSwain Associates L 1 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Phone: 907 5614965 Fax: 907-5614955 s.macswaln a acswain.cont Christine Cunningham Assistant to the City Manager The City of Kenai 210 Fidaigo Avenue Kenai, Alaska 99611 Re: Market Rent Estimate Flight Service Station 470 North Willow Avenue Kenai, Alaska Dear Ms. Cunningham: We have prepared a Summary appraisal of the above referenced property located in Kenai, Alaska. The purpose of the appraisal is to estimate market rent. As agreed, we perform a comprehensive rental analysis, but summarize our findings. Our analyses and conclusions are market- driven and the reporting process complies with the Uniform Standards of Professional Appraisal Practice (USPAP). Based on the data, reasoning, and analyses that follow, the monthly rent of the appraised property, as of March 17, 2010, is estimated as follows. Monthly M trket Rent $11 ($L0 /SF, plus utilities) Your attention is specifically directed to the Assumptions and Limiting Conditions of this report. We hope the appraisal report assists your evaluation of the appraised property. If you have any questions regarding this report, please contact our office. Respectfully submitted, Stev6 MacSwain, MAI State of Alaska Certificate No. 42 March 26, 2010 10- 2010. Flight Service Station, Kenai, Alaska