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HomeMy WebLinkAbout2012-08-01 Council PacketC©TJNCIL PACKET DISTRIBUTION MAKE 18 PACKETS Council Meeting Date: !( /, 51 Ma - or ips Council - 4 ;•ackets wa City Mana_;er ial Cl , : .. , Library Fire De . artment Kebschull Student Re r. . - r Schmidt SIEETNIIIIIIIIIMer ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. 0 COUNCIL MEETING OF: ;IIII'J Mayor PORTER CM BOOKEY CM BOYLE lk NU CM GABRIEL / VM MARQUIS 1 1 CM MOLLOY i`• I:" 1 � fyy ah Il 1'1 111111 11111111 H 1111-1 1 Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL w 0 cc a 2 ; CM MOLLOY CM NAVARRE SR DALY Il 1'1 111111 } x.' co 1 BOYLE CM GABRIEL j1gjj 2 > U t tla', I 2 5 CM MOLLOY 1 Mayor POF CM BOOKE CM BOYLE CM GABRII 0 cc CM MOLLOY + POI 7OK JYLE 4BRI Q 2 cd Il 1'1 111111 } yor PORTER 1 BOOKEY 1 BOYLE CM GABRIEL j1gjj 2 > U t tla', N 2 as Q CC W I° CC O 0 O f6 5 >- W 0 0 C® v CM BOYLE CM GABRIEL VM MARQUIS J 0 2 co 2 5 CM MOLLOY 1 Mayor POF CM BOOKE CM BOYLE CM GABRII 0 cc o COUNCIL MEETING OF: 11111 Mayor PORTER :N 111 111 11 1 21111111 )RTER <EY -E RIEL ( - d CM MOLLOY , Vd ffi L cn CM MOLLOY " cc >;a {� � 2 0 CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY > 0 0 1 ir' 7 Mayor PORTER :N w uj 0 co m v CM BOYLE Il w EE co Q 0 0> VJ 5 0 LL Q 2 I CM MOLLOY 7 1 4- 1 CM BOYLE CM GABRIEL yYi { , Vd ffi L cn ililiri 111 11 I7y lJJ$ 11 1 Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS 1 CM MOLLOY > 11111 1111 I7y lJJ$ 11 1 1 1 V j 0, I Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL ry/ 0 cC ccr 2 2 CM MOLLOY " > j 0, 5 {� � M1� uM1 it 1F1 Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY j 0, {� � M1� uM1 it 1F1 CM MOLLOY /q tt `t y r PORTE OOKEY W ABRIEL �5 U > 0- EA z 0 U 0 z G-- AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 1, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http: / /www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.) *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 nounal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Courtney Stroh, ROC the Kenai -- Fish Waste and Trash on the Kenai Beach. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Resolution No. 2012 -47 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Increase Rents at the Vintage Pointe Senior Housing Facility. Pg 1 2. Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. Pg 9 (Clerk's Note: At its November 16, 2011 meeting, Council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process. Motion to approve is on the floor.) 3. Ordinance No. 2640 -2012 -- Amending the Official Kenai Zoning Map by Rezoning, Baron Park Subdivision Fire Addition Lots A -1 -A, A -1 -B, and that Portion of Lot A -1 -B Being Utilized for a Fire Industrial /Structural Training School (Parcel #'s 04501019, 045010020, and 04501021) from Education (ED) to Light Industrial (IL) Pg 21 4. Ordinance No. 2641 -2012 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Park Improvements Capital Project Fund for Capital Improvements in Municipal Park Pg 35 5. Ordinance No. 2642 -2012 -- Increasing Estimated Revenues and Appropriations by $61,566 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2012 Personal Use Fishery Pg 37 6. Ordinance No. 2643 -2012 -- Increasing Estimated Revenues and Appropriations by $4,960 in the General Fund Parks Department for an Increase in a Previously Awarded Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches Prior to the Start of the 2012 Personal Use Fishery. Pg 41 7. Ordinance No. 2644 -2012 -- Increasing Estimated Revenues and Appropriations by 86,500.00 in the General Fund for a Library Grant. Pg 45 8. Resolution No. 2012 -48 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070. Pg 47 9. Resolution No. 2012 -49 -- Awarding a Contract to Alaska Roadbuilders, Inc. for Improvements to the Kenai Spur Highway Pedestrian Pathway for an Amount Not -to- Exceed $100,000. Pg 59 E. MINUTES 1. *Regular Meeting of July 18, 2012 Pg 61 F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified Pg 71 2. Action/Approval -- Lease for Office Space Between the City of Kenai and Homer Electric Association, Inc. and its Affiliate Alaska Electric and Energy Cooperative for a Portion of the Second Floor of a Structure Known as "The Beacon Building" and Situated in the City of Kenai, Alaska and Consisting of Approximately 3,182.35 Square Feet. Pg 73 3. Action /Approval -- Rejection of Bids for the Kenai Municipal Airport Obstruction Tree Removal Project. Pg 91 City of Kenai Council Meeting Agenda Page 2 of 3 August 1, 2012 4. *Ordinance No. 2645 -2012 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Senior Citizen Fund for a Donation Received from Marathon Oil Pg 93 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission Pg 95 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission Pg 99 7. Beautification Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -- None M. PENDING ITEMS -- None N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between 52,500 and $15,000 for Council Review Pg 103 2. Budget Transfer in Capital Projects in Excess of $5,000 Pg 108 3. Correspondence from Kenai Chamber of Commerce & Visitor Center regarding the July 4 "America: Land of the Free" Parade and FestivitiesPg 107 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907- 283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 3 of 3 August 1, 2012 the city ¥ I( NAL ALASI (A Suggested by: Adrn inistrati.or CITY OF KENAI RESOLUTION NO. 2012 -47 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES FOR CHANGES TO INCREASE RENTS AT THE VINTAGE POINTE SENIOR HOUSING FACILITY. WHEREAS, Vintage Pointe Senior Housing complex is a non- subsidized senior housing facility operated by the City; and, WHEREAS, current rental rates at the City's Vintage Pointe Senior Housing complex are insufficient to cover annual operating expenses and to provide funds for ongoing facility repairs and upgrades; and, WHEREAS, the City hired a local appraiser to perform a rental rate study which compared rents at Vintage Pointe with that of other similar facilities; and, WHEREAS, the results of the rental study suggested Vintage Pointe rents were less than rents of other like facilities by $74,00 to $153.00 per month dependent upon the size and location of the apartment; and, WHEREAS, it is in the best interest of the citizens of the City and the residents of Vintage Pointe for the City to maintain rental rates at market value and at a level sufficient to fund operations and maintenance on the facility; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Vintage Pointe Rents" section to: VINTAGE POINTE RENTS 1 -A apartment = 586 Sq. Ft. Ocean Side 1 -A apartment = 586 Sq. Ft. Street Side 1 -13 apartment = 637 Sq. Ft. Ocean Side 1 -3 apartment = 636 Sq. FL Street Side 1 -B apartment = 637 Sq. Ft. Ocean Side 1 -C apartment = 682 Sq. Ft. Ocean Side 1 -0 apartment = 682 Sq. Ft. Street Side 1 -C apartment = 682 Sq. Ft. Ocean Side 2 -A apartment = 826 Sq. Ft. Ocean Side 2 -A apartment = 826 Sq. Ft. Street Side 2 -3 apartment = 876 Sq. Ft. Ocean Side 2 -3 apartment = 876 Sq. Ft. Street Side 2 -C apartment - 789 Sq. Ft. Ocean Side Monthly Automatic ACH Payment Fee Note: All Vintage Pointe Rents are subject to other than credit card. $714.00] _$677.28] $689.52] $689.52] $726.241 $738.481 $701.76] $726.24] $787.44] $750.72] $799.68] $762.96] $775.20] a 2% discount for pay 5764.00 $727.28 $739.52 8739.52 5776.24 $788.48 $751.76 $776.24 $837.44 $800.72 $849.68 $812.96 $825,20 $0.00 at by means New Text Underlined. DELETED TEXT BRACKETED) 1 Resolution No. 2012 -47 Page 2 of 2 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, this Resolution shall be effective on October 1, 2012. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 2012. ATTEST: Sandra Modigh, City Cleric Approved by Finance: PAT PORTER, MAYOR New Text Underlined- [Dni,e i ED TEXT BRACKETED] 2 Village with a Past, ac with a Future 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: January 26, 2012 SUBJECT: Resolution 201247, Amending the Comprehensive Schedule of Rates, Charges and Fees for Changes to increase Rents at the Vintage Pointe Senior Housing Facility The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. Attached please find the following information for your information: 1. Memo from the Finance Director dated July 25, 2012 2. Summary Appraisal Report prepared by Derry & Associates establishing current fair - market rental rates 3. Spreadsheet comparing expenditures for Congregate Housing (Vintage Pointe) for FY2008 and FY2012 There are different analyses that can be performed to determine if rents are at an appropriate level and provide a financial return sufficient to address increasing future maintenance costs associated with an aging facility. One manner of analysis is to have a market analysis performed to determine if rent levels are consistent with the market. Item number two above, provides that analysis and it shows that rents in Vintage Pointe are across the board below the market, in some cases substantially so. The other manner of analysis is to review the financial performance of the enterprise, in other words income and expense. The last rent increase for Vintage Point occurred in July 2008, or just over four years ago. Over that time period we have absorbed increased costs in almost every expenditure category, 1992 3 Below is a summary of that information: Expense /Income Description FY2008 FY2012 i Difference % Diff. Salaries & Benefits $25,145 537,675 512,530 +49.83% Maintenance & Operations 5192,222 $249,922 557,700 +18.17% Depreciation 5125,299 5125,299 $0 0% Capital Outlay & Transfers 526,900 $31,300 $4,400 +16.36% Total Expenditures 1 $369,566 5444,196 $74,630 +20.19% I $63,569 575,061 $11,492 1 +18.08% Rents 5316,039 5320,945 $4,906 +1.55% Insurance Proceeds /Grants 516,237 $52,666 $36,429 +22436% Total Income 5332,276 $373,611 541,335 +12.44 Income less Expense (Excluding Depreciation) $88,009 $54,714 - 533,295 Income less Expense (Including Depredation) -537,290 -$ 70,585 - $33,295 Over the past four years the following are specific annual increases /decreases to certain expenses: Expense Description FY2008 i FY2012 ) Difference I % Diff. GCi /Cable Television $6,980 $8,060 $1,080 +15.47% AK Waste /Solid waste 51,442 $2,342 $900 +62.41% HEA /Common Areas Elec. $25,770 $35,156 $9,386 +36.42% City of Kenai /Water & Sewer $6,204 $4,828 - 51,376 - 22.18% Enstar /Natural gas 523,173 $24,675 51,502 +6.48% Totals $63,569 575,061 $11,492 1 +18.08% The purpose of depreciation is to recognize future costs associated with repairs and /or replacement of an aging facility. While it may be acceptable to recover through depreciation an amount slightly less than the calculated depredation when income falls far short of the calculated depreciation it is cause for concern, with a predictable outcome of eventually needing to secure a different source of revenue to subsidize the income shortfall to support maintenance and operation expenditures. In the case of Vintage Pointe, both methods of analyses result in a common result. Rent increases are justified by both a market analysis and an income /expense analysis, 4 It is Administrations' recommendation that an across- the -board rent increase of $50 per month /per unit be approved and that a second, or check, market analysis is performed by a second appraisal firm to validate the initial findings. This will provide the basis to determine if additional rent increases are scheduled for subsequent years. A rent increase of $50 per month /per unit, assuming 100% occupancy, results in increased revenues of $23,400. This amount is significantly less than the increase in operating costs ($33,295 or 70.28 %) since the last rent increase. If you have any questions, please contact me at your convenience. attachments 5 THIS PAGE 15 INTENTIONALLY LEFT BLANK 6 To: Rick ICoch, City b1 ager "l/ii(age with a Past, C with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907 -283 -3014 From: Terry Eubank, Finance Directo Date: July 25, 2012 Re: Resolution 2012 -47 The purpose of this memo is to provide support for passage of Resolution 2012 -47 that will increase rents at the City's Vintage Pointe Senior Housing facility. Rents at Vintage Pointe were . last increased in July of 2008. As an unsubsidized facility, rents must be sufficient to cover the annual cost of operations and to provide the necessary reserves for long -term facility maintenance. Long -term maintenance projects in recent years have include facility window replacement, $111,000, dry sprinkler piping replacement, $54,000, siding replacement, estimated to cost $260,000, and boiler replacement, estimated to cost $125,000. The adopted FY1.3 Budget projects the fund to produce $14,037 for funding future long -term maintenance projects. Annual long -term maintenance funding of $14,037 is not sufficient for the City to maintain the facility at an acceptable level. Prior to recommending this rent increase, the administration commissioned an independent appraisal to evaluate Vintage Pointe rental rates as compared to similar facilities. The results of this study indicated current rental rates are $74.00 to $153.00 per month below market rates, depending upon the size and location of the unit within Vintage Pointe. A $50.00 per month rent increase represents a 7.38% rent increase on the least expensive unit at Vintage Pointe. Inflation since the last rent increase has been approximately 10.5 %. 7 City Of Kenai Fund: 009 - Congregate Housing Fund Department: 62 - Congregate Housing Account Expense FY2008 FY2012 Number Description Actual Actual Difference et Increase Salaries and Benefits 0100 Salaries $ 15,546 $ 25,644 $ 9,098 54.99% 0200 Overtime - - 0250 Holiday Pay - 0300 Leave (956) (2,244) (1,288) 134.73% 0400 Medicare 233 378 145 62.23% 0450 Social Security - 0500 PERS 5,983 7.886 1,903 31.81% 0600 Unemployment Insurance - - - 0700 Workers Compensation 106 99 (7) -6.60% 0800 Health & Life Insurance 2,850 5,388 2,538 89.05% 0900 Supplemental Retirement 383 524 141 36.81% Total Salaries & Benefits 5 25,145 $ 37,675 5 12,530 49.33% Maintenance and Operations 2021 Office Supplies 415 672 257 61.93% 2022 Operating & Repair Supplies 5,688 4,565 (1,123) - 19.74% 2024 Small Toots /Minor Equipment 1,979 7,898 5,919 299,09% 2025 Snack Bar Supplies - - - 2026 Computer Software 4531 Professional Services 22.950 36,300 13,350 58.17% 4532 Communications 1,492 2,678 1,186 79,49% 4533 Travel & Transportation - - - - 4534 Advertising 564 354 (210) -37.23% 4535 Printing & Binding 200 348 148 74.00% 4536 Insurance 12,800 10,596 (2,204) - 17.22% 4537 Utilities 63,606 75,061 11,455 18.01% 4538 Repair & Maintenance 82.358 111,410 29,052 35.28% 4539 Rentals - 4540 Equip. Fund Pmts. 4541 Postage - - - 4666 Books - - - 4667 Dues & Publications - - - 4999 Contingency 5041 Miscellaneous 170 40 (130) - 76.47% 5045 Depreciation 125,299 125,299 - 5047 Grants to Agencies - - Totat Maint. and Operations $ 317,521 $ 375,221 $ 57,700 18.17% Capital Outlay & Transfers 8061 Land 8062 Buildings 8063 Improvements - - - 8064 Machinery & Equipment - - - 9090 Transfers Out 26,900 31,300 4,400 16.36% Total Capital Outlay and Transfers $ 25,900 $ 31,300 S 4,400 16.36% Department Total: $ 369,566 $ 444,196 $ 74,630 204 '% Sponsored by Administration at the request of the Planning &, Zoning Commission CITY OF KENAI ORDINANCE NO. 2597 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY COUNCIL AMENDING KENAI MUMCIPAL CODE 14.22.010, LAND USE TABLE, TO MAKE COMPREHENSIVE CHANGES TO THE USES ALLOWED IN THE SUBURBAN RESIDENTIAL (RS), SUBURBAN RESIDENTIAL 1 (RS1), SUBURBAN RESIDENTIAL 2 (RS2), RURAL RESIDENTIAL (RR), RURAL RESIDENTIAL (RR -1), AND THE URBAN RESIDENTIAL (RU) ZONING DISTRICTS. WHEREAS, on April 6, 2011, Kenai City Council introduced Ordinance No. 2546 -2011 to amend KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses in the Rural Residential 1 (RR -1) Zoning District; and, WHEREAS, on April 6, 2011, Kenai City Council postponed action on Ordinance No. 2546- 2011 until May 18, 2011, to provide an opportunity to send the Ordinance to the Planning & Zoning Commission to hold work sessions and a public hearing and to send their recommendations to City Council for a public hearing on May 18, 2011; and, WHEREAS, the Planning & Zoning Commission held a work session on April 27, 2011 and during their regular meeting on April 27, 2011, voted against holding a public hearing on the proposed Ordinance citing the need for additional time to conduct a comprehensive review of the entire Land Use Table for all residential zones in the City; and, WHEREAS, on May 18, 2011, Kenai City Council held a public hearing and postponed action on Ordinance No 2546 -2011 and requested the Planning & Zoning Commission hold additional work sessions and a public hearing and to send a recommendation to Council for Council's August 17, 2011 meeting; and, WHEREAS, residents of the RR -1 Zoning District made presentations to the Kenai City Council, Planning and Zoning Commission and Administration regarding their concerns and their proposed solutions; and, WHEREAS, residents of the RR -1 Zoning District desired to collaboratively work with the City through the public process to amend the land use table in order to promote the residential character of their neighborhoods, as follows: Protect against incompatible land uses; Preserve low density residential development; Prevent land uses that generate heavy traffic; and. Support a stable and predictable setting for future investment; and, WHEREAS, residents of the RR -1 Zoning District have expressed significant concerns about the presently allowable types of land uses which are permitted or are conditional uses in their neighborhoods under the Land Use Table for the RR -1 Zoning District; and, New Text Underlined• [DELETED TEXT BRACKETED] Ordinance No 2597 -2011 - Page 1 9 WHEREAS, after listening to the concerns of the RR1 neighborhoods, the Commission agreed neighborhoods should be protected from some commercial uses and that other neighborhoods in the City should also be protected; and, WHEREAS, the Commission also reviewed land uses for other residential zones including the Suburban Residential (RS) Zone, Suburban Residential 1 (RS1) Zone, Suburban Residential 2 (RS2) Zone, Rural Residential (RR) Zone, and Urban Residential (RU) Zone and proposes amendments to the Land Use Table in KMC 14.22.010; and, WHEREAS, the Ordinance No. 2546 -2011 proposed to amend the Land Use Table in KMC 14.22.010 to make comprehensive changes to the uses allowed in the RR -1 Zoning District, including changing many "conditional uses' to "not permitted," and providing for certain conditional uses for properties along the Kenai Spur Highway within the RR -1 Zoning District; and, WHEREAS, the Commission believes that Ordinance No. 2546 -2011 is too restrictive and that the existing;, process required for conditional uses in the City provides the protection necessary while allowing uses that can be operated without adversely affecting neighborhoods; and, WHEREAS, the Planning & Zoning Commission held work sessions on. June 8, June 22, July 13, and July 27, August 10, 2011; and, WHEREAS, the Planning & Zoning Commission held a public hearing on August 10, 2011, and postponed making a recommendation to hold additional work sessions to complete the review of the Land Use Table for residential zones; and, WHEREAS, the Planning & Zoning Commission held additional work sessions on August 16, and August 24, 2011; and, WHEREAS, during these work sessions, the Commission reviewed land use in the City of Kenai considering lot size, density, city infrastructure including water and sewer and street construction, and location of subdivisions so that this information could be used to make informed recommendations when reviewing the proposed ordinance; and, WHEREAS, based on the review of land use and development in the City, the Commission finds that the existing zoning and development within existing zones may not accurately reflect the intent and definition of zones as defined in Kenai Municipal Code Chapter 14; and, WHEREAS, the Commission recommends that during the Comprehensive Plan update that zoning in the City of Kenai be reviewed for possible changes and rezones based on land use and development; and, WHEREAS, Council adopted Ordinance No, 2546 -2011 on September 7, 2011; and WHEREAS, prior to the adoption of Ordinance No. 2546 -2011, the Planning and Zoning Commission held a special meeting on August 30, 2011 and voted unanimously to recommend several changes to Ordinance No. 2546 -2011 to KMC 14.22.010, Land Use Table and several changes to KMC 14.22.010, Land Use Table for the RS, RS1, RS2, RR, RR1 and RU Zones to provide protection for all residential zones in the City; and; New Text Underlined [DELETED TEXT BRACKETED] 10 Ordinance No. 2597 -2011 - Page 2 WHEREAS, the Planning & Zoning Commission requested administration introduce an ordinance on behalf of the Planning & Zoning Commission recommending comprehensive changes to KMC 14,22.010, Land Use Table, for all residential zones including the Suburban Residential Zone (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1), and the Urban Residential (RU); and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14 22 010: The City of Kenai Municipal Code 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance Section 3. Severability: If any part ar provision of this ordinance ar application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such Judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAL, ALASKA, this 1st day of August, 2012. ATTEST: Sandra. Modigh, CMC City Clerk PAT PORTER. MAYOR Introduced: November 2, 2011 Adopted: August 1, 2012 Effective: September 1, 2012 New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2597 -2011 - Pa 11 1412.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C =Conditional Use S = Secondary Use N Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL I I I I LAND USES I C R RR R RR. I R RS P PLSI R RS2 l RU ( CC I CG I IL i ihl E ED R TSH LC CMU One Family Dwelling C ' P P P P P P P P P P P [ [j21 S' S S2 Sr 0 03d I P P P P P S7C21 Two/Three Family 018 1 P P P P P P P P P P f P P P21 I S' C C C C C34 P P P P P P S'/C1 Four Family Dwelling C" � �' P P N N N N P P P P31 S' I C C C C2 N P C 5'I C" Frve /Six Pamily Dwelling 0 0'" C C' N N P P N N N N l l P 1 P" t t S' I C I C N N N P C C I S2 /C" Seven or More Family C C's C C N N C C'3 N N N N 1 P P P S S' C C I N 1 N P C C S S' /Cd1 Townhouses C'" C Ca C Ca c c2 C Cl C C'a ( C° C C C C C C I C C21 1 C j C C C � C Mobile Home Parks` N [ [C N [ [C] N IC] SN [ [C] N ( (CI N I [C;} N I C C C I C C C N N! C j N I I N C Planned Unit Residential C1$ C C C C C C C C C C I C C C 0 0 1 0 f C N N J C C C C C C COMMERCIAL j RE R RS I R j I I 1 1 LANK USES C C R RR R RR1. R TSH LC C CMU ■ Automotive Sales N N 0 02-1•11 [ [CI N N N N N N N r[C] N P P P ' P P I N N 1 N N P P Automotive Service ( ( N C C'B vl [ [C] N N N N N N N I [C] N1 P P P P 1 P N N[ C C I N I N I P Banks 1 N' G Gn`I'`` C C2'j0 [C.] N N N N N C i i New Text Underlined [DELETED TEXT BRACKETED] 12 Ordinance No. 2597 -2011 Attachment A Page 1 LAND USE TABLE KEY. P = Principal Permitted Use 0 = Conditional Use 5 = Secondary Use N =- Not Periniued NOTE'. Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRI ' RS I RSI ( R. RU CC CG CL !H %:I) R I TSFI i LC I CNIIi Ai orts and Related Uses ry P'" [CIN [C N l— CC N� N N [� N 1 P P P P N C N N _ C Automotive Repair N C [C] N I [CIN N N [C] N P P P I P N N N N P I I Gas Manufacturer /Storage N N [C] N I [GIN I N N N N N C' I C' N � N lv' j N N Manufacturing/Fabrieating/ } N C (Assembly (C]N [C]N I N N 1 [C] N i C P P llltll, P N C C N C IMini- Storage Facility N 0 [C] iN [C]N N N [C] N C i P I P t P N N N C C Storage Yard j N I 0 [C] N I [C]N N N® linnalliallainglall N 0 !Warehouses N C [C] U [C3N i N' N 1 [CI N PUBLIC/ I I I NSTITUTIONAL 1 1 I LAND USES I 0 RR RRI 1 RS RSI RS2 RU CC I 00 IL IA ED I R I TSii LC CMU 1 [CHARITABLE [C] [C] [C] 1 'INSTITUTIONS] [C] [C=] (C] [P3 [P] I [P3 [P] [P] [P3 [C] ? [P] 1 [C] 1 [1P] I Churches* 0 P Clinics C C I C 1. 0•.1) [C) N I [C] N 0 P I P P 1 C I C C C I P P I Colleges 0 C I C°lix' C am " [C] N _ I [CI N 1 C P P 1 C C I P ICI C ICI 1 Elementary Schools* I C C C " 'i ii C f C C I C P P P I C C; I P C I C I C 1 Governmental Buildings 0 0 C I P P 0[ P C I C I P P I 1 High Schools* C ` 0 C ,aa [CIE i [C] N [C] N I [C] Nt P P C C P 0 C '1 0 P I�-Hospitals° 0 C' 0 0 P tiibraries* 1 C C Ca - I C to [CAN I [C]N C A P P I ® ®® Museums � C I C C i P 1 C P] C 1 P C P `Parks and Recreaicn P I C 0 C C CI C P P P I P 1 nl P P 1 C} P Assisted Living 0 0 0 0 C C C I C C IC 10 I 0 0 0 C C MISCELLANEOUS _ I LAND USES 1 0 RR RRI I RS ILSt i ILS2 RIi I CC i CG ` IL I IH I ED R I TSB I LC I CMO Animal Boarding' C 1 C I [ C ] N 1 [QS [C] N N I N T C C C 1 C H I I C C Bed and Breakfasts c c 1 C 0 0 I 0 C C C C, 0 i N 0 C I C P Cabin Rentals j C I 0 I [ C ] N [C] N I N I N 1 N I P ' P 1 P I C N I P P 1 C P Cemeteries C I C 1 [C] N. i [C]N N N 1 N N C G C I N C C N N 1 Crematories /Funeral Hanes I N C IN [CN N N I [C] N 1 C I C C I C N C I 0 C( C 'Day Care Cemersc' C C C—" I Cw as 1 [C] N [CI N 1 C P 1 P F C C C C P P Dormitoriefi /Bo arding 1 C {eases 0 C "j° Cu an [C] N I [C] N 1 [P30 I P01 1 S C A P P" 01 0 C P 1 Essential Servieea i P I P 1 P P P P P I P P P 1 P 1 P P I P I P i P I I Farrning/Ciencral IAgr iculture * ** P P . N 1 N N N N N 1 N N P I N' P N N N Greenhouses/Tree Nurseries" C 0 [C] N 1 C' "' 1 IC] N I [C] N I [C]h; P I P P 0 1 N 1 C 0 C P LAND USE TABLE New Text' Under &nod; DELETED TEXT BRACKETED' Ordinance No. 2597-2011 Attachment A 13 Page 2 KEY: 9 = Principal Permitted Use C = Conditional Use S =Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS I ; LAND USES C RR RR I RS RSI 1 1tS2 RU CC CG IL ] IH Ell R TSR LC I C. Gunsmitlting,[ RI 0,j Taxidermy N C 02. " --'a C [C] I,yt I [C] N. I [01 P P P P N C P I P P I Assemblies" (Large: Circuses, Pairs, Etc.) C C [C] N [C]N, [C]tL [CPA [0114 P''` P° P" ! P" P" C P N P" Fraternal Organizatinns/ Private Clubs /Social Halls and Union Halls N C ['0],1_'" [C]N [C]N [C]N [CDyi P P P C i N j:.0 I P C P Nursing, Convalescent or Rest Homes 14 0 [01N [CM. [0]N ( [0114 [0111 P P C? C C 0 C C P [PARKING, OFF-STREET] [9] I [P7 [P] [P3 [P] f [PI [P] [P] [9] [P 1 [Pi [Pl [P] J [P] CP] [P] Parking, Public Lats'" 01 0 (03N [C]N [0]14 [C]11 C 0 0 0 0 0 0 0 0 0 Personal ServjoesA` 0 i 0 ( CC"" ca [C1N 01 [C]j_v` 6aua [C]N 0 0 P P P P P 9 j P` 9 G P j C ) C] P CC 9/ C'' P C Communications Towers & Antenna(s); Radio /TV ITransmitters /Cell Sites ** " 9 j 0 [C] N Recreational Vehicle Parks C 0 [C] N [ C ] L d N N [C]N, C 0 C 0 14 0 C N 1 0 Subsurface Extraction of Natural Resources'" C i C C C C[ C C C C C C N 0 N N N Surface Extraction of Natural Resources" C C [0] N [0114 N N [CIE N 0 C C N C N N( N See 42 USCA Sec. 2000cc (Religious Land Use and Institutio talized Persons Act af2000) *' See 42 Telecommunications Act of 1996, Sea 704 a) ' * *" See, however, the limitations imposed under RAMC 3.10.070 Footnotes: I . Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) singie- family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; h. The site square footage in area must be approved by the Commission; c. Yards around the site, of - street parking, and other development requirements shall be the same as for principal . uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values: f. The buildings shall be used only for residential purposes and customary, accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See"Townhouses" section. New Text Underlined [DELETED TEXT BRACKETED] 14 Ordinance No. 2597 -2011 Attachment A Page 3 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. i. See "Planned Unit Residential Development" section. S. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10, Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or proneily line. 11. Allowed as a conditional use, provided that no Hart of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off - street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to i"uifilI this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall beprovided between said use and any adjoining property in a residential zone. b. Exits and entrances and off -street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section, 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 119. Deleted by Ordinance 2144 -2006. 20. 12e �� 174. The airport related uses allowed under this entry are aircraft approach zones per ICMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or panting aprons. FAA authorized uses are allowed. Developments for use shall be the same as those fisted in the "Development Requirements Table" for the RUfl'SF1 zones. Allowed as a conditional use in conjunction with apermit'ted use in the ED zone. For example, housing for teachers or students for a school in the zone. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self - service. laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. New Text. Uncle d' [DELETED TEXT BRACKETED] Ordinance No. 2597 -2011 Attachment A 15 Page 4 Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X 1 Barbers X 1 Beauticians X Dressmakers X Dry Cleaners i X Self Service Laundries 1 X Fitness Centers C X Massage Therapist j X Photographic Studios j X i Tailors j X 1 Tanning Salons X Tattoo Parlors [ X New Text. Uncle d' [DELETED TEXT BRACKETED] Ordinance No. 2597 -2011 Attachment A 15 Page 4 28. 29. Personal services not set forth in the above matrix are conditional uses. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. Use allowed only for those parcels that abut the Kenai Sour Highway. The access to any such parcel must be either from (a) 30. driveway access on the Kenai Spur Highway. or (bl driveway access from a dedicated right-of-way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur I- Rahway to the center of the driveway access as shown on an as -built drawing /survey of the parcel. Use allowed only for those parcels that abut Beaver Loop Road. Bridge Access Road, and Kalifornskvv Beach Road. Access to the parcel must be from these streets unless applicant can provide documentation that an application for a driveway permit has been denied by the State of Alaska or City of Kenai. In that case. the Commission may consider alternate ingress and egress. Driveways should be located a reasonable distance from Beaver Loop Road. Bridge Access Road and Kalifoniskv Beach Road to ensure the driveway does not create an unsafe traffic Letter and to ensure that traffic impact into the neighborhood is minimized. Industry established kin generation standards for the commercial use should be, used to determine the impact to the neighborhood. New Text Underline& [DELETED TEXT BRACICETED) Ordinance No. 2597 -2011 Attachment. A 16 Page 5 fiKila e with a Past, ait5I with a Future' 210 Fidalgo Avenue, Kenai, Alaska 9 961 1 -7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 11111! 0: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration,, DATE: July 12, 2012 1992 SUBJECT: Ordinance No. 2597 -2011 — Amending Kenai Municipal Code 14.22010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. At its November 16, 2011 meeting, the Council postponed Ordinance No. 2597-2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan Process, Since the referral, the Planning & Zoning Commission has continued work on the Comprehensive Plan. It is anticipated that the Plan will be completed and a recommendation for adoption forwarded to the Council this winter. There are several recommendations forthcoming in the Plan that couid result in a consolidation of zones and recommendations to rezone areas of the City. This process will involve a comprehensive review of the City's zones, zoning, and the Land Use Table and likely that the end result would be a new resolution /ordinance. The process that the Commission used to draft the recommendations in Ordinance No. 2597 -2011 has been helpful during the update to the Comprehensive Plan. The Commission believes that the process was valuable and that the changes proposed in the ordinance are valid; however, because of the comprehensive review that will be accomplished after completion of the Comprehensive Plan, the Commission believes it appropriate to continue postponement of action on the ordinance. At the July 11th Commission meeting, the Commission unanimously passed the following motion, "The Commission requests Council postpone action on Ordinance 2597 -2011 to an undetermined date to provide time for completion of the comprehensive plan review so that recommendations from the implementation plan can be considered prior to recommending an amendment" 17 MEMO: flaye with a Past, Gi with a Fritrtre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 4fll�f 1992 TO: Rick Koch, City Manager FROM: Nancy Carver, Planning & Zoning Assistant '« / DATE: November 10, 2011 SUBJECT; Ordinance No. 2.597 -2011 — Amending KMC 14.22.010 Land Use ab /e At the November 9, 2011, Planning & Zoning Commission meeting, Commissioner Knackstedt moved to recommend Council postpone Ordinance No. 2597 -2011 until August 1, 2012, The motion passed unanimously. Commissioner Knackstedt noted the new commissioners needed time to review the information and noted the issue was not time sensitive. 18 Village e with a past, C with a Future o: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 1993 TO: City Council FROM: Rick Koch DATE: November 9, 2011 SUBJECT: Ordinance No. 2597-2011, Amending KMC 14.22.010 Land Use Table The purpose of this correspondence is to discuss and recommend postponement of the above referenced ordinance to the regularly scheduled Council meeting of August 1, 2012. Administration believes that consideration of this legislation is premature. The City is presently in the process of updating the City of Kenai's Comprehensive Plan. In drafting the updated Comprehensive Plan, existing and future and use will be considered. Postponement of this ordinance would allow the changes to the land use tables proposed by the Planning & Zoning Commission in Ordinance 2597 -2011 to be considered during the Comprehensive Planning process. The information assembled in the Cornprehensive Plan then would be used by Council in consideration of changes to the Land Use Tables contained in the City Code. 19 W la e with a Past, Gi MEMO: with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 TO: Rick Koch, City Manager 1t1f FROM: Marilyn Kebschull, Planning Administration DATE: October 26, 2011 SUBJECT: Ordinance No. 2597 -2011 — Amending KMC 14.22.010 — Land Use Table During the past six months, the Planning & Zoning Commission reviewed the Land Use Table for residential zones. This review was as result of the introduction of Ordinance No. 2546 -2011 which recommended amending KMC 14.22.010, the Land Use Table, for the Rural Residential 1 (RR1) zone. When the Commission was asked to review the Land Use Table for the RR1 zone, they recognized that other residential zones in the City should be reviewed to ensure neighborhoods were protected from uses that may adversely affect the integrity of the residential zones. On September 7th, the Council adopted Ordinance No. 2546 -2011 amending the Land Use Table for the RR -1 zone. On August 30, 2011, the Commission held a special meeting. During that meeting, the Commission unanimously approved a motion requesting administration introduce a new ordinance on behalf of the Planning & Zoning Commission at the November 2, 2011 Council meeting, Ordinance No. 2597 -2011 is the result of that request and proposes to make comprehensive changes to the uses allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR1), and the Urban Residential (RU) zoning districts. The ordinance outlines the process the Commission used to recommend the proposed amendments to the Land Use Table and identifies the numerous rneetirigs held by the Commission. 20 the dy. of KENA SKA Suggested by: Planning &, Zoning Commission CITY OF KENAI ORDINANCE NO. 2640 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING, BARON PARK SUBDIVISION FIRE ADDITION LOTS A -1 -A, A -1 -B, AND THAT PORTION OF LOT A -1 -B BEING UTILIZED FOR A FIRE INDUSTRIAL /STRUCTURAL TRAINING SCHOOL (PARCEL #'s 04501019, 045010020, and 04501021)FROM EDUCATION (ED) TO LIGHT INDUSTRIAL (IL). WHEREAS, the City of Kenai as owner of this property initiated a request to rezone the property; and, WHEREAS, the property is currently zoned Education (ED); and, WHEREAS, the Zoning Code states that the intent of the Educational Zone (ED) is to provide for an area primarily of education and related uses such as schools, dormitories for educational purposes, parks and recreation, libraries and museums; and, WHEREAS, the City Administration has requested to rezone the lots from Education Zone (ED) to Light industrial (IL); and, WHEREAS, the Zoning Code states that the intent of the Light Industrial Zone (IL) is to provide for the development of industrial and commercial uses which are usually compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any nuisance effects upon surrounding property; and, WHEREAS, the Zoning Codes states that new residential uses and other non- industrial uses, except as otherwise provided in the Zoning Code, are not permitted in the Light industrial zone as principal uses because land classified in this zone should be reserved for industrial and commercial purposes, and because the Light Industrial zone is not suited to the excluded uses; and, WHEREAS, Lot A -1 -A is over 30 acres, is the largest parcel in the application to rezone, and was previously leased by the City of Kenai to the University of Alaska for use as the training site for the University's Mining and. Petroleum Program; and, WHEREAS, the University of Alaska no longer leases Lot A -1 -A; and, WHEREAS, the City initiated a subdivision to subdivide Lot A -1 -A to create lots for the new City shop and for the Daubenspeck Family Park, and; WHEREAS, Lot A -I -B is owned by the City and on it is constructed the Alaska Fire Training Center, also commonly known as "the Beacon Building;" and, 21 Ordinance No. 2640 -2012 Page 2 of 2 WHEREAS, the City has a facility management agreement for the Alaska Fire Training Center (Center) with Beacon Occupational Health & Safety Services (Beacon) and Beacon manages and operates the Alaska Fire Training Center and provides education and training and other occupational health and safety services to business and industry at the Alaska Fire Training Center; and, WHEREAS, Beacon maintains offices within the Center and similarly provides office space for Homer Electric Association and Hilcorp Energy in the Center; and, WHEREAS, the existing and proposed uses on Lots A -1 -A and A -1 -B are consistent with the purposes and intent of the Ligh.t Industrial Zone; and, WHEREAS, the 2003 Comprehensive Plan defines Industrial Land Use as, "the Industrial district identifies areas reserved for manufacturing, warehousing, trucking, marine - related industry, storage, and similar industrial activities; states that City utilities and safe, convenient vehicular access is critical to this district, and further states that buffers between industrial uses and adjacent non- industrial uses are desirable;" and, WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges for existing and future industrial land use in the City and identifies the need to preserve existing best - located industrial -zoned tracts for future industrial uses; and, WHEREAS, the 2003 Comprehensive Plan provides policy guidelines to consider when zoning land for industrial uses including: whether there is adequate access to collector or arterial level streets, adequate public services, whether the zoning will to minimize potential conflicts with adjacent non - industrial uses, and whether the zoning will minimize potential hazards from, proposed industrial uses; and, WHEREAS, Lots A -1 -A and A -1 -B are located off Marathon Road, which provides adequate access to the Lots; are served by City water and sewer; and are separated from the closest residential area by an adjacent tract of land zoned Conservation; and, WHEREAS, the proposed rezone would designate additional property in an area of concentrated industrial development and will enlarge an adjacent district boundary; and, WHEREAS, the rezone meets the requirements of KMC 14.20.270; and, WHEREAS, rezoning the property to Light Industrial (IL) is consistent with the 2003 Comprehensive Plan; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Light industrial zone (IL); and, WHEREAS, on June 27, 2012, the Kenai Planning and Zoning Commission voted unanimously to rezone the lots to Light. Industrial (IL). 22 Ordinance No. 2640 -2012 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai. Zoning Map is amended by rezoning the parcel shown on Attachment A from Education (ED) to Light industrial (IL). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 2012, ATTEST: Sandra Modigh, City Clerk 23 PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: September 1, 2012 THIS PAGE IS INTENTIONALLY LEFT BLANK 24 Proposed Rezone Conservation General Commercial Limited Commercial Light Industrial Central Mixed Use uleavy Industrial Central Commercial Recreation Bend Rural Residential Rural Residential 1 Suburban Residential Suburban Residential 1 Attachment A Suburban Residential 2 Urban Residential Historic Townsite Education STAFF REPORT To: Planning & Zoning Commission Date: June I3, 2012 Res: PZI2 -16 GENERAL INFORMATION Applicant: Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 283 -7535 Requested Action: Legal Description: Rezone —Education to Light Industrial Baron Park Subdivision Fire Addition Lots A -1 -A, A -1 -B, and A -] -B That Portion being Utilized for a Fire Industrial /Structural Training School. Including the following parcels Street Address KPB Parcel No. Legal 400 Marathon Road. 04501019 Baron Park. Subdivision Fire Addition Lot A -1 -A 450 Marathon Road 04501020 on Park Subdivision Fire Addition Lot A- -B 355 Magic Avenue 0450102I _ Baron Park Subdivision Fire Addition Lot A -I -B That Portion being Utilized for a Fire Industrial /Structural Training School Existing Zoning: Current Land. Use: Land Use Plan: ANALYSIS Education Industrial — Fire Training Facility & Daubenspeck Family Park Central Commercial General Information: This property includes three parcels owned by the City of Kenai. The City is proposing a rezone of the property to match the existing use and future proposed development. A portion (Lot A-1-A) of the property was previously leased by the University of Alaska and used to provide training for the University's Mining and Petroleum program. The university no longer leases the property. The Fire Training Facility is located on Lot A -1- B. The Fire Training Facility houses the Beacon Occupational Health & Safety Services. Beacon provides a variety of support services to business and industry. The City of Kenai also leases office space to other businesses in the Fire Training Facility. The City is in the process of subdividing these properties. Parcels will be subdivided for the City's new shop building and the Daubenspeck Family Park. All existing and future proposed uses are permitted in the Light Industrial zone. During the subdivision process, right -of -ways 27 PZI2 -16 - Comments Page 2 will be dedicated and existing water and sewer lines will be located. Kenai Municipal Code 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary," This property is bordered by areas zoned Light Industrial and includes over 40 acres of land. The requested rezone meets the criteria for an amendment, The Comprehensive Plan classifies the area as Central Commercial. Central Commercial is defined as, "The Central Commercial district supports retail, service, and office business that serve all of Kenai and the larger region. It is the Kenai subregion's main commercial district. Retail, service, office, and public uses predominate. Non- commercial uses, such as public offices, institutional uses, and dwellings may be appropriate among commercial uses within mixed use areas. "1 The Plan also provides policy guidelines to consider when zoning land for industrial uses. These are listed on Page 38 of the Plan and include: • The use has adequate access to a collector or arterial level street. The property r is served by Marathon Road and Magic Avenue. Access is adequate. • The use had adequate public services. The property is served with City water and sewer and accessed by developed right -of -ways. • Potential conflicts with adjacent non- industrial uses have been minimized through the site design. The closest residential area is separated from the subdivision by an adjacent tract of land zoned conservation. The natural drainage running through the tract of land zoned conservation provides a natural buffer between these parcels and the residential parcels to the east. • Potential hazards from the proposed industrial use have been minimized. Any future development in the area will be constructed to meet industry safety guidelines. Building Official: No building code issues. RECOMMENDATIONS The proposed rezone meets the requirement for an amendment as defined in KMC 14.20.270 and conforms to the Comprehensive Plan. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ12 -16 2. Application 3. Map 1 "City of Kenai Comprehensive Plan" — Page 29. 28 the a a/ NE AL SIUI A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY CITY OF KENAI PLANNING AND ZONING COMNIISSION RESOLUTION NO. P112 -16 REZONE PERMIT NAME Rick Koch, City Manaeer. City of Kenai t cctltL: tsaron nark subdivision Fire Addit on Lots A-1 -A, A -1 -B. and A -1 -B That Portion heir Utilized for a Fire Industrial /Structural T ainineSchoof includin- the followine Street Address KPB Parcel No. arceis Legal 400 Marathon Road 04501019 Baron. Park Subdivision Fire Addition Lot A -1 -A 450 Marathon Road 04501020 Baron Park Subdivision Fire Addition LotA -1 -B 355 Magic Avenue 04501021 Baron Park Subdivision -Fire Addition LotA -1 -B That Portion being U61i ed for a Fire Industrial /Structural Training School WHEREAS, the Commission finds the follow ing: 1. The subject properties currently zoned Education 2. The present land use plan designation is Central Commercial 3. The proposed zoning district is Lieht Industrial 4. The proposed land use plan designation Central Commercial 5. An appropriate public hearing as required was conducted June 27. 2012 6. That the following additional facts have been found to exist: a. The proposed rezone will meet existing and proposed future uses. b. The proposed rezone meets the requirements of ICMC 14.20.270(2). c. The proposed rezone conforms to the Comprehensive Plan. 7. Applicant must comply with all Federal, State, and Local regulations. NOW, THEREFORE BE IT RESOLVED, by thePlanning and Zoning Commission of the City of Kenai that the petitioned REZONING of a BARON PARK SUBDIVISION FIRE ADDITION LOTS A -1 -A, A -1 -B, AND A -1 -B THAT PORTION BEING UTILIZED FOR A FIRE INDUSTRIAL /STRUCTURAL TRAINING SCHOOL is hereby recommended to the Kenai City Council, PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OE' ICENAL, ALASKA, June 27, 2012. CHAIRPERS€1N:\ li \ �,45�a ATTEST: 29 Pl Q/ / f� ,i 42 JAL, Proposed Rezone Education to Light Indus iai Conservation Limited Commercial Central Mixed Use Le, d General Commercial Light Industrial Heavy Industrial Central Commercial j- - Recreation 30 Rural Residential Rural Residential 1 Suburban Residential Suburban Residential Attachment A Suburban Residential 2 Urban Residential Historic Townsite Education „ effa e with a Past CI j with af=ey r 21D Fiaalao Avenue, Kenai, Alaska 99611 -7794 ! Telephone: 907- 283 -7535 / Fax: 907- 283 -3014 'lif;. www.ci.kenai.ak. us 1992 REZONING APPLICATION PETITIONER Rick Koch, City Manager, City of Kenai ADDRESS 210 Fidalgo Avenue Kenai, AK 99611 PHONE 253 -7535 LEGAL DESCRIPTION Baron Park Sub Fire Addition Lots A -1 -A, A -I -B, and A -1- B That Portion being Utilized for a Fire Industrial /Structural Training School KPB Parcels: 04501019, 04501020, 04501021. PRESENT ZONE Education PROPOSED ZONE Light Industrial. Intended Use and /or Reason for Rezoning: Ownership and use no longer matches Education Zone. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 6/5/2012 Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. Amendments to the Official Zoning Map shall be considered only if the area to be 31 3. / rezoned contains a minimum of one (1) acre (excluding street or alley ri; way) unless the amendment enlarges an adjacent district boundary. A Public Notification and Hearing is required before the issuance of this permit. A $125 (plus sales tax) non - refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. A proposed amendment to the zoning ordinance which is substantially the saute as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Siena ,ire REZONING CHECKLIST: 6/5;2012 ✓' a. MAP Wirt b. SIGNATURES N'ti c. DEPOSIT /ADVERTISING FEE ($125 + sales tax) ✓l d. APPLICATION FORM OR LETTER. e. AFFIDAVIT OF POSTING 32 City of KE:I6i Proposed Rezone Suggested by: Administratio CITY OF IKENAI ORDINANCE NO. 2641 - 2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,000 IN THE PARK IMPROVEMENTS CAPITAL PROJECT FUND FOR CAPITAL IMPROVEMENTS IN MUNICIPAL PARK. WHEREAS, Alaska Public Entity Insurance (APEI), the City's insurance provider has a $10,000, matching grant program for the purchase of improved playground surfaces that reduce injuries; and, WHEREAS, the base bid for Municipal Park Improvements included $29,930 for installation of an engineered wood fiber surface that qualifies under the APEI program; and, WHEREAS, installation of an improved surface will reduce the potential for injury and is in the best interest of those who will utilize the park. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Park Improvements Capital Project Fund Increase Estimated. Revenues: Other Grants Increase Appropriations: Construction $10,000 $ 10,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, th's fir st dap of August, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR introduced: July 18, 2012 Adopted: August 1, 2012 Effective: August 1, 2012 New Text Underlined• DELETED TEXT BRACKETED 35 t�bfi: KE iA&, ALASKA Villaye with a past, Gib • with a Fixture" 210 Fidatgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 F MO TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: July 11, 2012 SUBJECT: Alaska Public Entity Insurance (APED Playground Surfacing Grant tiWmYa CAW The purpose of this memo is to recommend adoption of the Ordinance authorizing an increase in the estimated revenues and appropriations by $10,000 in the Park Improvements Capital Project Fund. The City applied for and was approved for a reimbursable grant through Alaska Public Entity Insurance (APEI) for playground safety surfacing, It is the City's intention to utilize this grant for the purchase and installation of engineered wood fiber for the Municipal Park Improvement Project. The base bid included $29,930 for acquisition and installation of the engineered wood fiber. The engineered wood fiber will provide optimum fall safety and meet wheelchair accessibility requirements. 36 crr KEtIALALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2642 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $61,566 IN THE GENERAL FUND CITY MANAGER AND PARKS DEPARTMENTS FOR THE RECEIPT OF A GRANT FROM THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY'S BEACHES DURING THE 2012 PERSONAL USE FISHERY. WHEREAS, the State of Alaska Department of Environmental. Conservation has issued a grant to the City for bacteria level, monitoring during the 2012 Personal Use Fishery; and, WHEREAS, monitoring will be provided through a cooperative agreement Kenai Watershed Forum; and, WHEREAS, bacteria levels during the Personal Use Fishery in the past have tested at elevated levels that could pose a health risk to the fisheries participants and City residents utilizing the beach; and, WHEREAS, it is in the best interest of the City to monitor the bacteria level on its beaches to protect its visitors and residents from potential dangers caused by the waste generated by the Personal Use Fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $61,566 Increase Appropriations: City Manager - Wages $ 3,078 Parks - Professional Services 58.488 $61,566 New Text Underlined: [DELETED TEXT BRACKETED] 37 Ordinance No. 2642 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: T„ ly 1R '012 Adopted: August 1, 2012 Effective: August 1, 2012 New Text Underlined' [DELETED TEXT BRACKETED] 38 "f/llae with a Past, fit with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 l `i i { l r 1592 o. TO: City Council L FROM: Rick Koch, City Manager DATE: July 12, 2012 SUBJECT: Ordinance 2642 -2012, ADEC Grant for Bacteria Level Monitoring in the Kenai River The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. This action provides for the appropriation of funds to support testing for coliform and enterococci bacteria in the Kenai River during the Personal Use Fishery by the Kenai Watershed Forum (I<WF). Through a cooperative agreement the majority of the funding will be passed through to the KWF. This mirrors a previous process utilized in 2011, Thank you for your attention in this matter. 39 THIS PAGE 15 INTENTIONALLY LEFT BLANK 40 Suggested by: Administration CITY OF KENAI ORDINANCE NO, 2643 -2 022 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,960 IN THE GENERAL FUND PARKS DEPARTMENT FOR AN INCREASE IN A PREVIOUSLY AWARDED GRANT FROM THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY'S BEACHES PRIOR TO THE START OF THE 2012 PERSONAL USE FISHERY. WHEREAS, the State of Alaska Department of Environmental Conservation has issued a grant to the City for bacteria level monitoring during the 2011 Personal Use Fishery and has amended that grant to include testing prior to start of the 2012 Personal Use Fisher; and, WHEREAS, this additional testing will be provided through a cooperative agreement with the Kenai Watershed Forum; and, WHEREAS, testing prior to the start of the fishery will help determine the bacteria level increase resulting from the 2012 Personal Use Fishery; and, WHEREAS, elevated bacteria levels could pose a health risk to the fisheries participants and City residents utilizing the beach and it is in the best interest of the City to monitor the bacteria level on its beaches to protect its visitors and residents from potential dangers caused by the waste generated by the Personal Use Fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that FY12 estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $4,960 Increase Appropriations: Parks - Professional Services $4,960 New Text Vnderlinec [DELETED TEXT BRACKETED] 41 Ordinance No. 2643 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: August 1, 2012 New Text Underlined: (DELETED TEXT BRACKETED] 42 "Tillage with a Past, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 -283 -3014 MO: with a raturell TO: City Council FROM: Rick Koch, City Manager DATE: July 12, 2012 SUBJECT: Ordinance 2643 -2012, ADEC Grant for Bacteria Level Monitoring in the Kenai River The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. This action provides for the appropriation of funds to support testing for coliform and enterococci bacteria in the Kenai River during the Personal Use Fishery by the Kenai Watershed Forum (KWF). This appropriation provides funding for additional testing under the 2011 agreement so that baseline sampling could be performed in advance of the 2012 Personal Use Fishery. Thank you for your attention in this matter. 43 THIS PAGE IS INTENTIONALLY LEFT BLANK 44 KENAI,ALASKA Suggested by: Administration. CIITY OF RENA/ ORDINANCE N*, 2644 -20/2 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,500 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education &, Early Development for the purchase of books at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased a.s follows: General Fund Increase Estimated Revenues: Library - State Grants $6,500 Increase Appropriations: Library - Books $6,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: July 18, 2012 Adopted: August 1, 2012 Effective: August 1, 2012 New Text Underlined' (DELETED TEXT BRACKETED] 45 t%e LIIv Of S N \ ALASKA 'V2'fla e with a Past, a with a Future uaomorc, '111r 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 MEMO. TO: Rick Koch FROM: Mary Jo Joiner DATE: July 1n, 7012 SUBJECT: Annual State Grant The library has been awarded the annual public library assistance grant by the Alaska State Library. As per the grant award, the amount of $6,500 is to be used for the purchase of books and should be deposited in account 001- 440 -4666. The library director completes an application each year in order to receive these funds. Certain minimum standards must be met in order to receive this grant. These include reporting requirements, number of hours that the library is open to the public, minimum educational requirements for the Library Director and continuing education requirements. the cal/ cf IKEIBU. ALA II Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2012-4S A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.070. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.070 allows the sale of surplus or obsolete equipment, supplies and materials without giving an opportunity for competitive bidding; and, WHEREAS, a non- competitive sale of surplus or obsolete supplies, materials, equipment, or other property, the value of which does not exceed one thousand dollars ($1,000.00) in a single transaction is a reasonable and acceptable means of disposal of surplus and obsolete city property; and, WHEREAS, the City will establish and an acceptable sale price for the surplus supplies, materials, and equipment and offer those items for purchase at an advertised surplus sale to be held at the City Shop Yard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete, and that the items on Attachment A may be sold as provided in KMC 7.15.070. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. ATTEST: Sandra Modigh, City Clerk 47 PAT PORTER, MAYOR 2012 City of Kenai Auction ITEMS Attachment A Resolution No. 2012 -48 Quanity Item Description (items under $1,000) Department 1 Corner computer desk Airport 1 Serve Well Steam Table Airport 1 12' Featherlight Skiff(boat) Airport 1 HP Laserjet 2200D Fire Dept. 1 Fellowes Powershreder Fire Dept. 1 Dell Dimension 4100 PC Fire Dept. 2 Dell Keyboards Fire Dept, 4 Dell Mouse controls Fire Dept. 1 E- series Gateway E6000 Server Fire Dept. 1 10 port Linksys workgroup hub Fire Dept. 1 Sport Linksys netowork hub Fire Dept. 2 APC power back ups Fire Dept. 1 Microage surge protector Fire Dept. 1 Paper shelf Fire Dept. 1 Carosel slide porjector Fire Dept. 1 Slide sorter Fire Dept. 1 Canopy frame Fire Dept. 1 12 volt Dewalt cordless drill Fire Dept. 1 Retractable projector screen Fire Dept. 1 Child CPR mannequin Fire Dept. 6 File Maker Pro manuals Fire Dept. 3 Microsoft Windows 2000 manuals Fire Dept. 1 Smart Suite Windows 1997 manual Fire Dept. 5 Fire Protection handbooks Fire Dept. 1 Power Star Plus generator Poiice 1 Black long gun case Police 6 Camera cases with accessories Police 1 Red Lincoln welder Police 1 HP LaserJet 4050 printer Police 1 Linksys wireless broadband router Police 2 Boxes wallplates Police 1 Logitec cordless keyboard Police 2 Miniview 8-port KVM switches Police 1 Leviton 5 -port ethernet switch Police 1 Copper cable Police 2 Blue office chairs Police 1 3- drawer cabinet Police 1 File cabinet Police 1 Whirlpool refrigerator Police 1 Box of NuKote ribbons Police 1 Box old harddrives Police 2 Altec Lansing speakers Police 48 Page 1 of 6 2012 City of Kenai Auction ITEMS Attachment A Resolution No, 2012 -48 1 Box vehicle computer mounts Police 1 Bogen tone generator _ Police 1 Box server rack brackets Police 1 McMartin 75w amp Police 1 DuKane emergency announce panel Police 1 DuKane 8- channel amp Police 3 Boxes mist comptuer parts Police 1 Computer monitor mount Police 1 Vivitar camera tripod Police 1 Camera tripod Police 3 Underdesk computer mounts Police 1 4 -shelf storage rack Police 1 Box old gun stocks /springs Police 3 Wood shelves Police 4 Computer network switches Police 1 Computer video card Police 1 Conference table Police 5 Computer UPCs Police 2 Razor scooters Police 1 Yellow tubing /brackets Police 2 Pry bars Police 1 Alpine car stereo Police 1 41 copper wire Police 2 Hacksaws Police 1 Screwdriver Police 1 Box brass bushings Police 1 Pair shears Police 1 Craftsman telescoping magnet Police 1 Energizer battery charger Police 1 Handsaw Police 4 Hammers Police 4 Pair bolt cutters Police 1 Survey stake Police 1 Sledge hammer Police 1 Eastpack backpack Police 1 Bowie knife w /sheath Police 1 12" bayonet knife Police 1 Remington knife w /sheath Police 1 Hatchet Police 1 Uniden scanner Police 1 Nightowl optics /night vision in case Police 1 NFL Denver Broncos ball cap Police 1 Skilsaw Police 49 Page 2 of 6 2012 City of Kenai Auction ITEMS Attachment A Resolution No. 2012 -48 1 Maxcraft LED flashlight Police 1 Belkin iPOD charger Police 1 Brass t -valve Police 1 Tasco 8x21 binoculars Police 1 Garmin GPS Police 2 Pair red cloth gloves Police 1 Pair black leather gloves Police 1 Nintendo game boy Police 1 Playstation 2 Police 1 Kakhi colored ammunition pouch Police 1 Men's watch Police 1 Ladies watch Police 1 Nikon camera Police 1 Men's gold ring with diamond Police 1 Ladies silver ring with diamond Police 1 Pair wire cutters Police 31 Various knives Police 17 Bikes Police 1 2006 Ford Crown Vic Vin: 2FAFP71W36X116876 Police 8 3- drawer 3x5 metal filing trays Police 1 4' by 8' bulletin board Clerk 1 Maxon desk top Clerk 1 TV cart Clerk 1 Overhead projector Clerk 1 Microfilm reader Clerk 1 Box miscellaneous office supplies Clerk 1 Quartet 6' wide screen Clerk 1 Short side table Clerk 1 Silver display board, locking Clerk 1 Xerox Engineerig Systems Scanner/ Printer PWA 1 Blue office chair PWA 1 EPSON Color Scanner PWA 3 Fans PWA 1 Black Portfolio PWA 2 Legal sized pendaflex file frames PWA 1 Odd desk piece PWA 1 Corner desk PWA 1 Mcrocomputer accessories tray PWA 1 Box of Camera Man Power Supplies(surveillance camera) PWA 4 Assorted Binders PWA 1 Box of Misc Hard Drive PWA 1 White Plastic Shelf PWA 1 White HP Deskjet 722C Printer PWA 50 Page 3 of 6 2012 City of Kenai Auction ITEMS Attachment A Resolution No. 2012 -48 3 Projectors PWA 1 Toshiba TV PWA 5 Magazine Racks PWA 1 Sharp DVD /VHS Player PWA 1 HP xb2000 Notebook Expansion Base PWA 1 Plastic Mat PWA 1 Dell Dimension 4300 PWA 1 Dell optiplex GX520 PWA 1 Dell Dimension 8400 PWA 1 Dell Dimension 4700 PWA 3 White Monitors PWA 2 Black Monitors PWA 1 Panasonic DVD /CD Player with Remote PWA 1 White Dell Dimension xps R350 PWA 1 Box with Dell Black Monitor /Keyboard PWA 1 HP Deskjet white 840C PWA 1 Box w /misc office supplies PWA 2 Boxes with Magazine Holders PWA 1 HP Deskjet 5940 PWA 1 Cart HWC Wilson Corporation PWA 1 Percon Book Scanner PWA 1 Dupliskate PWA 1 Box small plastic clear hanging bags PWA 1 Box w /gray card catalog drawers PWA 1 Black Table Frame PWA 1 Box of Misc Office supplies PWA 11Dell Mouse Control PWA 1 IBM eServer Finance 3 Dell Computers Finance 1 HP Printer Finance 1 Dollar Bill Counter Finance 1 Misc. Computer peripherials (Box) Finance 2 Motorola Radio Handset Finance 1 3Com managed switch Finance 1 TV Sylvania Color 20" Building Maint. 1 TV Stand Building Maint. 3 Chairs Building Maint. 1 Tappan Dishwasher -Home Building Maint. 1 Stero- Dishwasher - Commerical Building Maint. 7 1000 watt - multi -vaper light bulbs Building Maint. 10 V -Tube T12 Florance Light Lamps Building Maint. 1 HP LaserJet 2420d Printer Legal 2 Kidply Carpet Rugs Library 51 Page 4 of 6 2012 City of Kenai Auction ITEMS Attachment A Resolution No. 2012 -48 1 Panasonic Radio Library 1 Desensitizer (top) Library 1 Desensitizer (bottom) Library 1 Dell Model E193FPc Computer Monitor Library 1 Hunt Manufacturing Card Filer Library 1 Hunt Boston Pencil Sharpener library 1 APC Uninterrupted Power Supply Library 1 Samsung DVD /VCR Player with Remote Library 1 Wooden Step Stool Library 1 Gold Hanging Rod (Library 2 Harman / Kardon Speakers !Library 2 HP DeskJet 6122 Inkjet Printers Library 2 Dell OPTIPLEX GX520 Towers Library 1 Dell Model 400 Keyboard Library 12 Bolo Table Legs Library 6 Jasper Table Legs Library 2 6 -foot Christmas Trees Library 2 Pre - Strung Christmas Trees Library 11 Mouse Pads Library 1 Head Phone Kit Library 1 Set Stabilizing Feet Library 2 Box Misc Power cords Library 6 Blank CD /DVD Library 34 Blank Data Cartridges Library 1 Fellowers File Box Library 1 Gateway FPD 1530 Computer Monitor Library 1 Toshiba TV with Remote Library 1 OPTIPLEX GX620 Dell Tower Library 1 Video Tape Cleaner- Cleanmate VC -8088 Library 1 Phaser 3500 Xerox Printer Library 1 Sharp UX -30TD Maintenance Cartridge Library 1 HP LaserJet 4000n Printer Library 2 27x HP LaserJet 4000 -4500 Printer Cartridge Library 4 Boxes of DVD Cases Library 1 GE under counter dishwasher, non working order Vintage Pointe 1 HP coior Deskjet 530 C printer Senior Center 1 HP Laserjet 2200 printer Senior Center 1 HP Laserjet 6P printer Senior Center 1 HP Color Laserjet 3500 with 4 full toners Senior Center 1 HP Color Laserjet 3700, non working order Senior Center 1 HP 4/1 Laserjet 3050 Senior Center 1 APC 280 Pro Backup Battery Senior Center 3 Dell Dimension PC Towers Senior Center 52 Page 5 of 6 2012 City of Kenai Auction ITEMS Attachment A Resolution No. 2012 -48 1 Off Brand PC Tower Senior Center 1 Oak End Table /with glass top Senior Center 1 48" corner piece desk with legs Senior Center 1 24' x 48" obiong desk top with legs Senior Center 53 Page 6 of 6 KENAI, ALASKA 'Village with a Past, Gi with a Frstisre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 .1 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 lilt! 1992 MEMO: TO: Rick Koch, City Manager CC: Sean Wedemeyer, Public Works Director FROM: Kayla Feltman, Public Works Assistant DATE: July 26, 2012 SUBJECT: Resolution No. 2012 -48 I've attached Resolutions No. 2012 -48 with Attachment "A" that represent items which are no longer needed by the specific department listed. Resolution Numbers 2012 -14, 2012 -40, and 2012 -46 (all resolutions also attached for reference) were passed in prior Council meetings which allow Administration to dispose of items by competitive Sealed Bid or an Internet Sale Process. If Council passes Resolution No. 2012 -48, Administration will dispose these items with a non competitive Surplus Item Sale. The location of the Sealed Bid Auction and Surplus Item Sale will be held at 332 Airport Way. The City will hold a Sealed Bid Auction and Surplus Item Sale utilizing the following bid schedule: e August 9 List and Bid Form available on City website and at City Nail • August 9 1St Public Notice Ad in Peninsula Clarion • August 15 2nd Public Notice Ad in Peninsula Clarion • August 21 3rd Public Notice Ad in Peninsula Clarion • August 17 Last day to deliver items to Shop yard • August 24 5:OOpm Bid Form Deadiine • August 25 10:00am Bid Opening and Surplus Item Sale • August 25 Pick up date ® August 27 Pick up deadline 54 he u'iy 01 KENAI, ALASKA V Suggested by: Administration CITY OF KENAI RESOLUi'ION NO. 2012-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING TIE. 1981 GMC IONARD -DU P.TRt,3CI{ AND'T1-IE "1990 FORD L9000 "10 YARD DUMP TRUCK TO BE SURPLUS OR OBSOLETE, AND TO BE SOLD AS PROVIDED IN KENAI MUNICIPAL CODE 7.15.060, WHEREAS, the 1981 GMC 10 Yard Dump Truck and the 1990 FORD L9000 10 Yard Dump Truck are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal . Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid or an Internet sales process; and, WHEREAS, a competitive sealed bid auction. or Internet sales process are reasonable and acceptable means of disposal of surplus and obsolete city property; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 1981 GMC 10 Yard Dump Truck and the 1990 Ford L9000 10 Yard Dump Truck to be declared obsolete, and the items are to be sold as provided in KMC 7.15.060. PASSED BY THE COUNCIL OF THE CITY OF KENAI, AS March, 2012. Seventh day of PAT PORTER, MAYOR 55 Suggested by: Administration CITY OF KENAI RESOLUTION NO, 2012 -40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING CITY COUNCIL TO DETERMINE TWO?POLICE'::CR0WN,<VICT0RIAS "AS SURPLUS VEHICLES TO BE AUCTIONED BY THE CITY, OR OTHERWISE SOLD BY THE CITY. WHEREAS, the Police Department annually terminates the service life of police cruisers due to age and mechanical problems; and, WHEREAS, the Police Department and the Shop Department have determined that a 2001. Crown Victoria and a, 2005 Crown Victoria have reached their reasonable service life with the City; and are not worth investing further time and money into repairs; and, WHEREAS, the Police Department and Shop Department would like to auction, or otherwise sell, the two aged Crown Victorias. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that two Police Crown Victorias (2001 and 2005 models} have reached their reasonable service life and are determined as surplus vehicles to be au.ctioned at the City's 2012 auction or otherwise sold by the City. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 10th day of July 2012. Approved by Finance: PAT PORTER, MAYOR New 'Text Underlined [DELI LED TEXT BRACKETED] 56 Suggested by: Administration CITY OF KENAI RESOLUTION !TO. 2012 -46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING A 1996 FREIGHTLINER FL150, A 1998 CATS+ RPILL4R 12 0 MOTOR GRADER, AND A.,. 1993 CI3[AMPIONMODEL 780 MOTOR GRADER AS SURPLUS OR OBSOLETE, AND TO BE SOLD AS PROVIDED IN KENAI MUNICIPAL CODE 7.15.060. WHEREAS, the 1996 Freightliner FL150 Ambulance, a 1998 Caterpillar 1206 Motor Grader, and a 1993 Champion Model 780 Motor Grader have reached the end of their useful life and is no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid or an intemet sales process; and, WHEREAS, a. competitive sealed hid auction or interact sales process are reasonable and acceptable means of disposal of surplus and obsolete city property; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 1996 Freightliner FL150, a 1998 Caterpillar 1200 Motor Grader, and a 1993 Champion Model 780 Motor Grader to be declared obsolete, and the items are to he sold as provided in KMC 7.15.060. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 10th day of July, 2012. 57 PAT PORTER, MAYOR THIS PAGE IS INTENTIONALLY LEFT BLANK 58 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2012-49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO ALASKA ROADBUILDERS, INC. FOR IMPROVEMENTS TO THE KENAI SPUR HIGHWAY PEDESTRIAN PATHWAY FOR AN AMOUNT NOT -TO- EXCEED $ ].00,000.00. WHEREAS, the contract will provide for the repair of existing asphalt /sub- grade, and supply and placement of new asphalt; and, WHEREAS, under KMC 7.15.050(f) the City of Kenai is able to utilize the State of Alaska contract with Alaska Roadbuilders, Inc.; and, WHEREAS, it is in the best interest of the City to accomplish repairs to the Kenai. Spur Highway Pedestrian Pathways prior to the beginning of the 2012 -2013 school year; and, WHEREAS, su Alaska. dent onies are appropriated from funding received from the State of NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for Kenai Spur Highway Pedestrian Pathway Improvements be awarded to Alaska Roadbuilders, Inc., Inc. for the total amount not -to- exceed $100,000.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. ATTEST: Sandra Modigh, City Clerk/ Approved by Finance: X =-"( 59 PAT PORTER, MAYOR ME "Vt laye with a Past, C. with a Future' 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 ' '597 O: Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 TO: City Council FROM: Rick Koch DATE: July 25, 2012 SUBJECT: Resolution 201249, Award of a Contract to Alaska Roadbuilders; Inc. for Repairs /Improvements to the Kenai Spur Highway Pedestrian Pathway The purpose of this correspondence is to recommend Council approval of the above referenced resolution. In SFY11 the City of Kenai received an appropriation in the amount of $100,000 from the State of Alaska for repairs to the pedestrian pathway along the Kenai Spur Highway in the City. Specifically, the area to be improved is from Bridge Access Road to the end of the five -lane section of the highway leading towards Soldotna. The improvements will be constructed mostly on the pathway on the south side of the highway (the side with KCHS, the middle and elementary schools). The improvements shall consist of leveling in areas where there has been differential settlement /movement of the asphalt and underlying materials, and an asphalt overlay ofthe existing pathway, The City will utilize an existing contract between the State of Alaska and Alaska Roadbuilders, Inc. to accomplish the work. The authority for the City to purchase under a contract of another governmental agency is provided for in KMC 7.15.050(f) If you have any questions, please contact me at your convenience. 60 MINUTES KENAI CITY COUNCIL - REGULAR MEETING JUNE 18, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 bun: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER A Regular Meeting of the Kenai City Council was held on July 18, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A -2. Roll Call There were present: Pat Porter, Mayor Terry Bookey Tim Navarre Ryan Marquis, Vice -Mayor Robert Molloy Brian Gabriel comprising a quorum of the Council. Absent: Mike Boyle Also in attendance were: Terry Eubanks, Acting City Manager Krista Stearns, City Attorney Sandra Modigh, City Clerk A -3. Agenda Approval Mayor Porter read the following change(s) to the agenda: ADD TO: ITEM E - Minutes • Work Session Notes of July 10, 2012 e Regular Meeting of July 10, 2012 61 MOTION: Council Member Molloy MOVED to approve the agenda as amended and requested. UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. A -4. Consent Agenda Mayor Porter opened the floor for public comment, there being none, public comment was closed. *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 comment limited to to (10) minutes per speaker) None scheduled. ITEM C. UNSCHEDULED PUBLIC COMMENTS The following individuals addressed Council in opposition of the closure of the set gillnetting fishery in the Kenai section of the Cook Inlet and requested Council take action by sending a letter of support to the Governor and Commissioner of Fish and Game: Ken Coleman, 35565 Baranof Street, Kenai, MOTION: Council Member Navarre MOVED to suspend the rules to allow for additional unscheduled comments until 8 P.M. and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. MOTION: Vice Mayor - Marquis MOVED to request the Mayor write a letter to the Governor and Commissioner of Fish & Game to encourage action outside the management plan to open the set net fishery. Council Member Gabriel SECONDED the motion. City Council Meeting Minutes July 18, 2012 Page 2 62 VOTE ON MOTION: YEA: NAY: Bookey, Gabriel, Molloy, Marquis, Navarre, Porter MOTION PASSED UNANIMOUSLY. Council concurred to forward the letter of support to Kenai's legislative delegation. Unscheduled public comment continued, `following individuals addressed Council in opposition of the closure of the set gillnetting fishery in the Kenai section of the Cook Inlet and requested Council take action by sending a letter of support to the Governor and Commissioner of Fish and Game." Andy Hall, P.O. Box 60, Kasilof, AK Dustin Every, 2720 Setnet Court, Kenai, AK Paul Shadura, P.O. Box 1632, Kenai, AK Travis Every, 360 Dolchok Lane, Kenai, AK Christine Brandt, Kenai, AK Christine Monfor, Kenai, AK Chris Every, 2515 Watergate Way, Kenai, AK Greg Johnson, Kalifornsky Beach, AK Gary Hollier, 36045 Reef Drive, Kenai, AK Marie Hermansen, 52890 Hermonson Drive, Kasilof, AK Council was invited to attend a rally on Friday, July 20th from 1p -3p, at the Kenai park strip regarding the fishery issue. Council Member Molloy and Gabriel offered their assistance in drafting the letter of support. Jim Butler, 1711, Kenai, AK, addressed Council and spoke in opposition of the uncontrolled fish waste from dipnetters and recommended regulations pursuant to AS 46.06.080. Council thanked those that attended and gave testimony regarding the fishery and ensured a letter of support would be sent to the Governor and Commissioner. Council concurred to take a brief recess at 8:07 P.M. Council reconvened at 8:15 P.M. 63 City Council Meeting Minutes July 18, 2012 Page 3 ITEM D. PUBLIC HEARINGS D -1. MOTION: Ordinance No. 2639 -2012 -- Increasing Estimated Revenues and Appropriations by 520,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for the Airfield Marking Improvement Project. Vice -Mayor Marquis MOVED to approve Ordinance No. 2639 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2639 -2012 by substitution Ordinance No. 2639 -2012. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE ON AMENDMENT: YEA: NAY: Bookey, Gabriel, Molloy, Marquis, Navarre, Porter MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: NAY: Bookey, Gabriel, Molloy, Marquis, Navarre, Porter MOTION PASSED UNANIMOUSLY. ITEM E. MINUTES 1. *Work Session Notes of July 10, 2012 2. *Regular Meeting of July 10, 2012 Both the July work session notes and regular meeting minutes were approved by consent agenda. ITEM F. UNFINISHED BUSINESS -- None 64 City Counc ieeting Minutes July 18, 2012 Page 4 ITEM G. G -1. MOTION: NEW BUSINESS Action /Approval -- Purchase Orders Exceeding $15,000 Council. Member Bookey MOVED to approve purchase orders exceeding S15,000 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -2. Action /Approval -- Assignment of Lease Between the City of Kenai and Kenai Nikislci Pipeline, LLC to Hilcorp Alaska, LLC for an. Approximately 13,037 Square Foot Area as Depicted on Tract A -1, Replat Tract "A" Kenai Spur- Airport Lease Property, North East 1/4, Section 5, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska, MOTION: Council Member Bookey MOVED to approve an Assignment of Lease between the City of Kenai and Kenai Nikiski Pipeline, LLC to Hilcorp Alaska, LLC for an approximately 13,037 square foot area as depicted on Tract A -1, Replat Tract "A" Kenai Spur - Airport Lease Property, North East 1/4, Section. 5, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska, and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -3. Action /Approval -- City Attorney Position Description [Clerk's Note: approval of the City Attorney Position Description was postponed from the July 10 meeting] City Attorney Stems provided Council an amended position description based on revisions discussed at the July 10 meeting. Council continued discussion and concurred on additional amendments to the position description as presented by the attorney. City Attorney Stems agreed to revise the draft description with new language provided by Council. MOTION: Council Member Navarre MOVED to approve the City Attorney Position Description as amended and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. City Council Meeting Minutes July 18, 2012 Page 5 65 VOTE: There being no objections, SO ORDERED. 13-4. Discussion -- Scheduling a City Council Work Session to Discuss and Identify Capital Project Priorities Based on Appropriations Received from the State of Alaska Council concurred to conduct a work session as requested by City Manager Koch on August 1, 2012, at 5:30 P.M., prior to the regularly scheduled meeting at 7 P.M. D -5. *Ordinance No. 2640 -2012 -- Amending the Official Kenai Zoning Map by Rezoning, Baron Park Subdivision Fire Addition Lots A -1- A, A -1 -B, and that Portion of Lot A -1 -B Being Utilized for a Fire Industrial /Structural Training School (Parcel #'s 04501019, 045010020, and 04501021) from Education (ED) to Light Industrial (IL). Ordinance No. 2640 -2012 was introduced on . the consent agenda. Public hearing is scheduled. on August 1, 2012. D -6. *Ordinance No. 2641-2012 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Park Improvements Capital Project Fund for Capital Improvements in Municipal. Park, Ordinance No. 2641 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012. D -7. *Ordinance No. 2642 -2012 -- Increasing Estimated Revenues and Appropriations by $61,566 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2012 Personal Use Fishery. Ordinance No. 2642 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012, D -8. *Ordinance No. 2643 -2012 -- Increasing Estimated Revenues and Appropriations by $4,960 in the General Fund Parks Department for an Increase in a Previously Awarded Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level. Monitoring on the City's Beaches Prior to the Start of the 2012 Personal Use Fishery. Ordinance No. 2643 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012. City Council Meeting Minutes July 18, 2012 Page 6 66 D -9. *Ordinance No. 2644 -2012 Increasing Estimated Revenues and Appropriations by $6,500.00 in the General Fund for a Library Grant. Ordinance No. 2644 -2012 was introduced on the consent agenda. Public hearing is scheduled on August 1, 2012. ITEM H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging -- Vice -Mayor Marquis advised the next meeting was scheduled on August 9, 2012. 2. Airport Commission -- Council Member Gabriel reported the following from the July 12th commission meeting: ® unanimously approved Jenna Han.sen's Recycled Glass Airport Project • discussed the 2030 Comprehensive Plan • discussed 2012 -2013 Goals & Objectives 3. Harbor Commission -- No report. 4. Library Commission -- No report. 5. Parks and Recreation Commission -- No report. 6. Planning and Zoning Commission -- Mayor Porter advised the Commission recommended Council postpone action on Ordinance No. 2597 -2011 to an undetermined date to provide time for completion of the Comprehensive Plan review. 7. Beautification Committee -- No report. ITEM I. REPORT OF THE MAYOR Mayor Porter noted she would be providing a letter of support to Clint Hall for his efforts in establishing an Assisted Living Facility within the community. ITEM J. ADMINISTRATION REPORTS 3 -1. City Manager A. Planning Commission Training MOTION: Council Member Navarre MOVED to approve the Planning & Zoning Commission's training /travel and Vice -Mayor Marquis SECONDED the motion and requested UNANIMOUS CONSENT. City Council Meeting Minutes July 18, 2012 Page 7 67 VOTE: There being no objections, SO ORDERED. B. Kenaitze Indian Tribe Health Center Council Member Molloy expressed his concern, although in favor of the project, of the City providing financing to the Kenaitze Indian Tribe for its proposed heath care facility. Finance Director Eubanks advised the City is waiting for the Tribe's proposal on how it would like to proceed and any contractual protections it would offer the City. Once received, administration will review the proposal and make a recommendation to Council. Mayor Porter noted the ground breaking event for the health center to be held on August 3, 2012, at 6 P.M. J -2. City Attorney Report ® Advised ofleav_ng time the following week. J -3. City Clerk Report • Upcoming elections and deadlines. ITEM K. ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments -- None K -2. Council Comments Council Member Navarre thanked the Mayor for State of the City presentation at the Chamber luncheon and advised he'd be attending AML Conference in Bethel in August. Council Member Gabriel thanked all individuals that attended the meeting and testified regarding the fishery issues and expressed his desire to see positive resolution for those affected. Council Member Bookey appreciated the turnout of residents on the fishery matter and thanked those for attending. Student Representative Daly had no comment. Vice -Mayor Marquis thanked the residents for attended and participated in the meeting and the Mayor for presiding. Council Member Molloy expressed his appreciation of the Mayor's presentation at the Chamber of Commerce luncheon and thanked all that attended the meeting and provided testimony. City Council. Meeting Minutes July 18, 2012 Page 8 68 Council Member Navarre noted the need for speakers in the foyer for times when chambers exceeds its occupancy limit. ITEM L. EXECUTIVE SESSION -- None M. PENDING ITEMS Ordinance No. 2597 -2 011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural. Residential RR -1, and the Urban Residential (RU) Zoning Districts. (Clerk's Note: At its November 16, 2011 meeting, Council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process.] N. .ADJOURNMENT There being no further business before the council, the meeting was adjourned at approximately 8:55p p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk 69 City Council Meeting Minutes July 18. 2012 Page 9 THIS PAGE 15 INTENTIONALLY LEFT BLANK 70 PAYIVIENTS OVER $11510001J0 WHICH NEED COUNCIL, RATIFICATION COUNCIL MC-El ING OF : AUGUST 1, 2012 Lfir VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMO ___... ...._ I ALASKA OIL SALES JUNE FUEL VAROUS OPERATING SUPPLIES 19,808.82 BROWN AGENCY INSURANCE VARIOUS INSURANCE 359,223.38 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 84,564.94 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. THIS PAGE IS INTENTIONALLY LEFT BLANK 72 the ee y nF KEi1 \ ALASKA "K lane with a Past Gity with a Fattsall 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-7535 / FAX: 907 -283 -3014 O• TO: City Council pA? FROM: Rick Koch DATE: July 10, 2 012 SUBJECT: HEA Rental Agreement The purpose of this correspondence is to recommend Council approval of a lease to Homer Electric Association, Inc and its affiliate Alaska. Electric and Energy Cooperative (collectively HEA) for office space at the Fire Training Center. On September 18, 2006 the City entered into a rental agreement with 1iEA to provide HEA with approximately 3,800 square feet of office space in the Fire Training Center for $ 1.00 per square foot per month and a pro -rated share of the electric and natural gas utilities. Several amendments to the lease were negotiated establishing increased rental rates, and making other minor modifications. The latest amendment will expire on August 31, 2012. The lease provides for the following: 1. Establishes the period of the lease agreement from September 1, 2012 through August 31, 2015. 2. Establishes a monthly lease rate of $1.60 per square foot from September 1, 2012 through August 31, 2013 ($6,099.76 /month), and a monthly lease rate of $1.70 per square foot from September 1, 2013 through August 31; 2015 (6,481.00 /month), 3. Establishes a monthly electrical utility fee of $0.25 per square foot ($953.09 /month) and a monthly natural gas fee of 50.15 per square foot (5571.85/month). awnwuI '111' 1992 Administration has spoken with Mark Hylen. of Beacon Occupational Training & Safety Services to determine if his organization was interested in renting this area. He informed me that Beacon was not interested in renting the space. Annual gross revenue generated by this lease for the Airport will be SS91,496.40 for the fast year and $96,071.28 for the second and third years. 74 LEASE FOR OFFICE SPACE This lease, made on the date of its latest execution, is between the City of Kenai, 210 Fidelgo Avenue, Kenai, AK 99611 (City), and Homer Electric Association, Inc. and its affiliate Alaska Electric and Energy Cooperative, jointly and severally, and each of 3977 Lake Street, Horner, AK 99603(coliectively HEA). In consideration of the mutual covenants and promises contained herein, the City and HEA agree as follows: 1. Term: The term of this lease begins on September 1, 2012, and continues until August 31, 2015. The parties may by mutual consent agree upon two extensions of one year each, with the terms and conditions, including rent, to be also mutually agreed upon. 2. Premises Leased: The City leases to HEA that premises described on Attachment A to this lease, and generally understood as a portion of the second floor of a structure known as `The Beacon Building," situated in the City of Kenai, Alaska (the premises), and consisting of 3,812.35 square feet more or less. Tenant shall also have use of a gravel parking area (previously constructed by HEA) and adjacent to the Beacon Building. City and HEA may agree to reduce the square footage of the premises leased upon mutual consent of the parties. 3. Rent: HEA shall pay City rent of $6,099.76 per month (based on a rate of $1.60 per square foot for 3.812.35 sq. ft.), plus applicable sales taxes, in the Lease for Office Space — HEA Page 1 of 15 L:\Agts \— Leases\ HEA \Beacon. Lease.072312.doc 75 first year of this lease. HEA shall pay City rent of $6,481 per month (based on a rate of $1.70 per square foot for 3,812.35 sq. ft.), plus applicable sales taxes, in the second and third years of this lease. HEA shall pay rent to the City in advance on or before the first day of each month, unless otherwise agreed in writing by the parties. HEA shall pay all rent without notice or demand and without deduction or offset for any reason or cause. Rent shall be paid by cash, personal check, electronic funds transfer (if available as determined by the City), money order, or bank cashier's check. Rent shall be paid at the Kenai City Hall, 210 Fidalgo Avenue, Kenai, AK 99611. 4. Monthly Electric Fee: In addition to the monthly rent, HEA shall pay a monthly electrical utility fee of $0.25 per square foot for 3,812.35 square feet, plus applicable sales taxes, The rate shall be $0.25 times the 3,812.35 feet for a total monthly electric fee of $953.09 (.25 x 3,812.35 = $953.09). HEA shall pay this fee as additional rent for the premises. This additional rent is due on the same day and in the same manner as the rent paid under paragraph 3, above. 5. Monthly Natural Gas Fee: In addition to the monthly rent, HEA shall pay a monthly natural gas fee of $0.15 per square foot for 3,812.35 square feet, plus applicable sales taxes. The rate shall be $0.15 times the 3,812.35 feet for a total monthly natural gas fee of $571.85 (.15 x 3,812.35 = $571.85). HEA shall pay this fee as additional rent for the premises. This additional rent is Lease for Office Space — HEA Page 2 of 15 L:1Agts1- Leases\ HEA\Beacon.Lease.072312.doc 76 due on the same day and in the same manner as the rent paid under paragraph 3, above. 9. Other Utilities: HEA shall be responsible for solid waste (garbage) removal and janitorial services for the premises. The City shall be responsible for snow removal, grounds maintenance, and for the provision of water and sewer services to the premises. 7. Property Taxes: HEA shall pay prior to delinquency all personal property taxes payable with respect to all property of HEA's located in the premises and shall provide promptly upon request of the City written proof of such payment. 8. Late Charges; Interest: Should HEA fail to make a rent payment within seven days after rent is due, HEA shall pay a late charge of $25, plus applicable sales taxes, as partial compensation to the City for its for administrative costs resulting from the late payment. HEA shall pay this fee as additional rent for the premise. This additional rent is due immediately if rent or additional rent is not paid by the due date and shall be paid in the same manner as the rent paid under paragraph 3, above. Interest an any late payment of rent or additional rent accrues at the rate 10% of the total sum due from the date due until the date paid. KMC 1.75.010. 9. Maintenance: a. HEA acknowledges that the office space rented hereunder is in working order and repair, unless otherwise indicated herein. HEA shall at all Lease for Office Space — HEA Page 3 of 15 L:\Agts \— Leases\ HEA\Beacon.Lease.072312.doc 77 times arrange for maintaining and repairing the premises and all equipment, machinery, appliances, furniture and furnishings therein in clean and safe working condition and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. b. The City is responsible for major maintenance and repair. c. HEA is responsible for repair /replacement of any damage to the premises above normal wear and tear. d. The City is responsible for snow removal services for the HEA gravel parking area. 10. Alteration: HEA shall have no right to alter, improve, or demolish any portion of the premises without the express prior written consent of the City which may be unreasonably withheld. 11. Purpose: The premises shall be used and occupied by HEA as business office space and for no other purpose, Residential uses are strictly prohibited. 12. Fixtures: Except as is provided below, all additions, fixtures and improvements made or placed by HEA to or on premises shall immediately become and be the property of landlord and shall remain on and be surrendered with premises as part thereof at expiration of the term, by lapse of time or otherwise; and HEA will not make any alterations in or additions to premises without written consent of the City being obtained. Lease for Office Space — HEA Page 4 of 15 L: Wgts\-Leases\ HEA\8eacon. Lease.072312.doc 78 13. Trade fixtures: HEA may install or cause to be installed such equipment and trade and other fixtures as are reasonably necessary for the operation of its business, Such equipment, trade fixtures and other fixtures shall remain personal property, and title thereto shall continue in the owner thereof, regardless of the manner in which same may be attached or affixed to the premises. At termination of this lease, HEA shall, unless otherwise agreed by the City, remove all equipment and trade fixtures installed by HEA, provided that the premises are returned to their original condition, less normal wear and tear. 14. Rules and Regulations: The rules and regulations in regard to the building in which space is rented together with such other reasonable rules and regulations as may from time to time hereafter be promulgated by the City shall, during continuance of this lease, be in all things observed and performed by HEA, and HEA's agents and servants. 15. Ordinances and statutes: HEA shall comply with all statutes, ordinances, regulations, rules and other requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the premises. 16. Indemnification: The City shall not be liable for any damage or injury to HEA, or damage, injury, or death to any other person, or to any property, occurring on the premises, or any part thereof, or in common areas thereof, unless such damage, injury, or death is the proximate result of the negiigence or unlawful Lease for Office Space — HEA Page 5 of 15 L:Wgts1— Leases \HEA\Beacon.Lease.072312.doc 79 act of the City, its agents, or its employees. HEA agrees to defend and to hold the City harmless from any such claims for damages no matter how caused, except for injury or damages for which the City is legally responsible. 17. Insurance: a. HEA, at the HEA's expense, shall maintain business liability and premises damage insurance with a single combined liability limit of $1,000,000.00, and a premises damage limit of not less than $1,000,000.00, insuring against all liability of HEA, its officers, agents, employees, guests, invitees and authorized representatives, arising out of and in connection with HEA's use or occupancy of the premises. b. The business liability and premises damage insurance acquired by HEA under this paragraph shall also cover the contractual indemnity obligations of HEA under paragraph 16 above. The policy shall name the City, any person, firms or corporations designated by the City, and HEA as "additional insured" and shall contain a ciause that HEA will not will not cancel or change the insurance without first giving the City thirty (30) days prior written notice. The insurance shall be with an insurance company qualified to do business in the State of Alaska with a financial rating of at least "A -" as rated in current Best's Insurance Reports, and a copy of the policy be delivered to the City within twenty (20) days of HEA's execution of this agreement and a renewal of such policy or Lease for Office Space — HEA Page 6 of 15 L:V+gts \— Leases\ HEA\Beacon.Lease.072312.tloc 80 replacement thereof at least twenty (20) days prior to the termination of the coverage of such policy. HEA's Fire Insurance: HEA, at HEA's expense, shall maintain on all of its personal property, HEA's improvements and alterations, in on or about the premises, a policy of fire and extended coverage insurance, to the extent of at least one hundred percent (100 %) of their replacement value. The proceeds of any such policy shall be used by HEA for replacement of such personal property and the restoration of HEA's improvements or alterations. d. City's Fire insurance: The City may at its election, maintain on the building a policy of fire and extended coverage insurance with vandalism and malicious mischief endorsements, of the type commonly referred to as an "all risk" policy to the extent of one hundred percent (100 %) of full replacement value which may afford coverage for flood, earthquake, sprinkler leakage, or explosion of steam and pressure boilers, as the City may elect. The policy shall provide that any proceeds shall be made payable solely to the City. HEA shall not use the premises for any purpose, nor do any act in the premises, which will increase the existing rate of insurance on the building or cause the cancellation of any insurance policy covering the building, or any part thereof. HEA shall, at HEA's expense, comply with any and all requirements pertaining to the premises of any insurance, Lease for Office Space — HEA Page 7 of 15 L: Agts1— Leases\ HEA \Beacon. Lease.072312. doc 81 organization or company, necessary for the maintenance of fire and extended coverage insurance covering the building. e. All policies provided under this section shall provide a waiver of subrogation against the City. 18. Personal Property: All personal property of HEA on the premises shall be at the risk of HEA only, and the City shall not be liable for any damage thereto. HEA agrees to arrange for such insurance coverage to its personal property as it deems suitable. 19. Force Majeure: the City shall not be liable for any stoppage of either water, heat, lighting, janitor or of any part of mechanical plant of building, not directly due to lack of ordinary care by the City, or arising from riot, strikes, unavoidable accident or casualty, or other like or unlike causes beyond control of the City, or for any stoppage thereof for needful repairs or for improvements, provided the City uses reasonable diligence to resume such service. Anti- assignment: Tenant shall not assign any of its rights, including the right to possession, of the office spaced rented hereunder. No sub - rental shall be created hereunder without the express prior written consent of the City which may be unreasonably withheld. 21. Destruction: If during continuance of this lease, premises shall be so injured by fire or other casualty as to be rendered untenable, then, and if such injury be not promptly repaired by the City, it shall be optional with either party Lease for Office Space — HEA Page 8 of 15 L:Agts \- Leases\ HEA \Beacon.Lease.072312.doc 82 hereto to cancel this Agreement by notice in writing to the other party given within 15 days after election of the City not to repair, and in case of such cancellation rent which has become due to date of such fire or casualty shall be paid. If the City repairs such injury, rent, or a just and proportionate part thereof, according to nature and extent of injury, shall be rebated until premises have been repaired by the City. Non - waiver: Any failure of HEA to comply with any one of terms or conditions of this lease or of the rules and regulations of the City, shall make the whole amount of rent due, and the City, its successors or assigns, may proceed to collect same. It is further understood and agreed that the City's remedies hereunder are cumulative and that the City's exercise of any right or remedy due to a default or breach by HEA shall not be deemed a waiver of, or alter, affect or prejudice any other right or remedy which the City may have under this lease or by law. Neither the acceptance of rent nor any other acts or omission of the City at any time or times after the termination of this lease or of HEA's rights hereunder shall (1) operate as a waiver of any past or future violation, breach or failure to keep or perform any covenant, agreement, term or condition hereof or to deprive the City of its right to cancel or forfeit this lease, upon the written notice provided for herein, at any time that cause for cancellation of forfeiture may exist, or (2) be construed so as at any future time to estop Lease for Office Space — HEA Page 9 of 15 L:VAgts1—Leases\ HEAABeacon.Lease.D72312.doc 83 Landlord from promptly exercising any other option, right or remedy that it may have under any term or provision of this lease. 23. Default: If HEA shall fail to pay rent when due, or perform any term or condition hereof, after not less than ten (10) days' written notice to quit given in the manner required by law, the City, at its option, may terminate all rights of HEA hereunder, unless HEA within said time, shall cure such default. In the event of a default by HEA, the City may elect to: (i) continue the lease in effect and enforce all its rights and remedies hereunder, including the right to recover the rent as it becomes due, or (ii) at any time, terminate all of HEA's rights of possession hereunder and recover from HEA all damages it may incur by reason of the breach of the lease, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the HEA proves could be reasonably avoided. 24. Binding Effect: Each and every one of the agreements herein contained shall extend to and be binding on the respective successors, heirs, administrators and assigns of the parties hereto. 25. Pets: No pets (except service animals such as seeing eye dogs) may be brought into the office space rented hereunder without the prior written consent of the City. Lease for Office Space — HEA Page 10 of 15 L\Agts\— Leases\ HEA1Beacon.Lease.072312.doc 84 26. Entry and Inspection: HEA shall permit the City or the City's agent(s) to enter the premises at reasonable times and upon reasonable notice for the purpose of making necessary or convenient repairs, or to show the premises to prospective tenants, purchasers or mortgagees. 27. Quiet Enjoyment: HEA upon fully complying with and promptly performing all of the items, covenants and conditions of this lease on its part to be performed, shall have and quietly enjoy the rented premises for the terms set forth herein, if its performance of such terms, covenants and conditions continues for such period, 28. Public Use and Non - discrimination: HEA agrees that the facilities and the other improvements provided for herein shall be equally available to all members of the public without discrimination, Any discrimination by HEA in the use of the premises on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this lease and grounds for cancellation of the lease. HEA agrees that it will not discriminate against any employee or applicant for employment, to be employed in the performance of the lease with respect to his hire, tenure, terms conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when . based on a bona fide occupational qualification, or because of race, sex, religion or national origin. HEA understands that any such discrimination shall be deemed to be a material breach of this lease. Lease for Office Space — HEA Page 11 of 15 L:1Agts1— Leases \ HEAlBeacon. Lease.072312. doc 85 This lease is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23, subpart F, HEA agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connections with the award or performance of any concession agreement covered by 49 CFR part 23, subpart F. Entire Agreement: This lease sets forth the entire agreement of the City and HEA concerning the rented premises, and there are no other agreements or understanding, oral or written, between the City and HEA concerning the rented premises. Any subsequent modification or amendment of this lease shall be binding upon the City and HEA only if reduced to writing and signed by them, 30. Governing Law and Venue: This Agreement shall be construed and governed by the laws of the State of Alaska. All suits related to this Agreement shall only be brought in state court in the Third Judicial District, State of Alaska, at Kenai. 31. Attorney's Fees: In the event of suit brought on this lease to enforce the rights of either party, including a suit to recover possession of the premises, the prevailing party shall be entitled to recover its actual, reasonable attorney's fees and all costs from the other party. 32. Time of the Essence: Time is of the essence as to each term and provision of this Agreement to be performed by Tenant. Lease for Office Space — HEA Page 12 of 15 L:kAgts\— Leases\ HEA \Beacon. Lease.072312. doc 86 33. Severabifity: Any provision of this Agreement which shall prove to be invalid, void or illegal, shall in no way affect, impair or invalidate any other provision hereof and the remaining provisions hereof shall nevertheless remain in full force and effect. 34. Notice: Any notice which either party may or is required to give may be given by mailing the same, postage prepaid, to HEA at the premises or to the City at the address shown below or at such other places as may be designated by the parties from time to time. IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year set forth below. CITY OF KENAI By: Rick R. Koch City Manager HOMER ELECTRIC ASSOCIATION, INC. By: Name: Its: General Manager Lease for Office Space — HEA Page 13 of 15 L: Agts \— Leases\ HEA \Beacon.Lease.072312.doc 87 STATE OF ALASKA THIRD JUDICIAL DISTRICT ALASKA ELECTRIC AND ENERGY COOPERATIVE, INC. By: Name: Its: ) )ss The foregoing instrument was acknowledged before me this _ day of 2012, by Rick R. Koch, City Manager for the City of Kenai. Notary Public for Alaska My Commission Expires: STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of , 2012, by , the General Manager of Homer Electric Association, Inc., on behalf of the corporation. Notary Public for Alaska My Commission Expires: Lease for Office Space — HEA Page 14 of 15 L: Wgts \— Leased HEA1Beacon.Lease.072312.doc 88 STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of 2012, by , the of Alaska Electric and Energy Cooperative, Inc., on behalf of the corporation. Notary Public for Alaska My Commission Expires: Approved as to form: Krista 5. Stearns, City Attorney Lease for Office Space — HEA Page 15 of 15 L:\ Agts\— Leases\ HEA \Beacon. Lease:072312.doc 89 PROP. CONTROL [202 ORIENTATION 12•-S ] -1Q � � r7! 10' COMER OFFICE [En] LIBRARY 2081 1225AI - CORAL/OA TA- JAN. Alp a BATH 220 KITCHEN 1.2228 CORNOOR DIMS [222A L wmd 22ij RAOIO ROOM 12271 SAE A Exit j ST2 12 "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 olnitAcr4 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 I I I I1I MO: TO: City Council IFROM: Rick Koch, City Manager DATE: July 23, 2012 SUBJECT: Action Item — Kenai Municipal Airport, Obstruction Tree Removal Project - Rejection of Bids The purpose of this correspondence is to recommend the City Council reject all bids for the above referenced project. Two bids were received for the project. The low bidder, Bay Area Construction, Inc., submitted a bid of $490,870. The low bid was $315,734 higher than the engineer's estimate of $ 175,136. The middle of July is generally not conducive to a competitive bidding environment, as many contractors already have booked a sufficient quantity of work for the year. Additionally, a compressed period of performance for a phase of the work may have resulted in significantly higher than estimated bids. The wide variance between the two bids may also be indicative of ambiguities in the plans and specifications. I recommend that all bids be rejected. The Project may be redefined, the scope of work will be clarified, and scheduling issues will be addressed, prior to re -bid. Thank you for your attention in this matter. 1952 91 Memo "Serrv° i7 Kenai: Peninfrulte 305 N. WILLOW ST„ SUITE 200 KENA°, ALASKA 99611 naEPHONE 907. 253-7951 FAX 907-253-3737 To: Rick R. Koch — City Manager From: Mary L. Bondurant - Airport Manager Date: July 20, 2012 Subject: Rejection of Bids — Obstruction Tree Removal Project The purpose of this memo is to inform City Administration of the results of the bid opening for the above referenced airport project, Two responsive bids were received on July 17, 2012, and both bids greatly exceeded the Project Engineer's estimated cost for the project. The bids are as follows: Bay Area Construction, Inc. S 490,870 D & L Construction, Inc. 81,288,600 Engineer's Estimate $ 175,136 After discussions with the Project Engineer and the FAA Engineer, it is mutually agreed to reject the bids, conduct a review and make any changes that will simplify and clarify the project. It is my recommendation that this is the cleanest and best way to move forward with this project. Please contact the if you have any questions. Cc: Terry Eubank — Finance Director www.ci.kenai.ak.us. 92 Suggested by: Adrninistration CITY OF KENAI ORDINANCE NO. 2645 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 IN THE SENIOR CITIZEN FUND FOR A DONATION RECEIVED FROM MARATHON OIL. WHEREAS, the City of Kenai received a $5,000 donation from Marathon Oil for the Annual. Peninsula Wide Senior Thanksgiving Dinner; ancl, WHEREAS, the donation is to be used for the purchase of food, decorations, door prizes, cups, baskets, pitchers and napkins for this event. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated. revenues and appropriations be increased as follows: Senior Citizen Fund Increa.se Estimated Revenues: Donations Max) Increase Appropriations: Congregate Meals — Operating Supplies $2,500 Horne Meals — Operating Supplies 52,500 $5,000 PASSED BY THE COUNCIL; OF THE CITY OF KENAI, ALASKA, this 15th day of August, 2012. ATTEST: Sandra Miodigh, City C Approved by Finance PAT PORTER, MAYOR 93 Introduced: August 1, 2012 Adopted: August 15, 2012 Effective: August 15, 2012 KEPtAI, ALASKA Nov "V°ilaye with a Past et with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MRMO: 1992 TO: Rick Koch, City Manager FROM: Kathy Romain, Acting Senior Center Director DATE: July 24, 2012 SUBJECT: Marathon Donation Check This MEMO is in reference to the following Resolution No. 2012 -47 For many years, UNOCAL /Agrium sponsored an Area Wide Senior Thanksgiving Luncheon. It has been held on the Tuesday before Thanksgiving at the Kenai Senior Center. While the plant /camp kitchen was in operation, the food was brought and served at our facility. After the Agrium closure, Marathon Oil took over sponsoring the event. As they do not have kitchen facilities, they now give our Center the funds to purchase the food and supplies needed for the event. The $5,000 donation check is for this year's Area Wide Senior Thanksgiving Luncheon, to be held on Tuesday, November 20. 94 PENDING APPROVAL KENAI AIRPORT COMMISSION JULY 12, 20/2 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: eting to order at approximately 7:00 p.m. Roll was Chair H. Knackstedt, J. Zirul, J. Bielefeld, G. Feeken, L. Porter K. Roser, R. Rogers Airport Manager M. Bondurant, Airport Administrative Assistant E. Shinn, Council Member B. Gabriel AGENDA APPROVAL Commissioner Porter MOVED to approve the agenda as presented and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- May 10, 2012 MOTION: Commissioner Porter MOVED to approve the meeting summary of May 10, 2012 and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Jenny Hansen -- Caring for the Kenai Ms. Hansen presented her idea for replacing the flowers in the triangle bed wit recycled glass from her Caring for the Kenai. project. ITEM 5: ITEM 6: 6 -a. UNFINISHED BUSINESS -- None. NEW BUSINESS Discussion /Recommendation -- AL-port Sign Project 95 General discussion occurred, MOTION: Commissioner Zirul MOVED to recommend moving forward with the project using blue and white glass and Commissioner Porter SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 6 -b. Review/Discussion -- Imagine 2030 Comprehensive Plan Update Chair Knackstedt reviewed the update and general discussion occurred, noting suggested corrections would be forwarded to the City Planner. 6 -c. Review /Discussion -- 2012/2013 Goals and Objectives Bondurant reported on the status of the 1022/2012 goals and general discussion. occurred. Bondurant noted a draft would be brought to the August meeting for review, ITEM 7: REPORT 7 -a. Commission Chair -- None. 7 -b. Airport Manager -- Bondurant reported on the Air Fair, the Tree Obstruction Project. and Asphalt Marking. 7 -c. City Council Liaison - Council Member Gabriel reviewed the July 10, 2012 work session and Council meeting. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. August 9, 2012 Commissioner Porter requested an excused absence from the August 9, 2012 meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Commissioner Porter noted the lights were out in the Triangle by the flags. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD - None. ITEM 11: INFORMATION ITEMS Murkowski /Begich Press Release AOPA Web Story Airport Manager's Reports -- April - June 96 AIRPORT COMMISSION MEETING JULY 12. 2012 PAGE 2 11 -d. May 2012 Enplanements 11 -e. 2008 - 2012 Float Plane Basin Activity ITEM 12: MOTION: ADJOURNMENT Commissioner Porter MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:26 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 97 AIRPORT COMMISSION MEETING JULY 12, 2012 PAGE 3 THIS PAGE IS INTENTIONALLY LEFT BLANK 98 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION JULY 25, 2012 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Alle 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval MOTION: ce. Chair J. Twait, K. Koester, K. Peterson, C. Smith, J. Rowell, H. Knackstedt P. Bryson City Planner M. Kebschull, Planning Assistant N. Carver, Council Member T. Navarre, Deputy City Clerk C. Hall. Commissioner Peterson MOVED to approve the agenda as presented and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Koester MOVED to approve the consent agenda and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -e. ''Excused Absences Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be 99 no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES 2 -a. July 11, 2012 2 -b. July 11, 2012 Work Session Summary (Information Only) Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT -- None. 4. CONSIDERATION OF PLATS -- None. 5. PUBLIC HEARINGS -- None. 6. UNFINISHED BUSINESS -- None. 7. NEW BUSINESS 7 -a. Discussion /Set Public Hearing -- PZ12 -19 -- A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.22.010, "Land Use Table," for all zones by amending three uses, add language to Footnote 13 to provide consistency between Title 14 and Title 3, and deleting three uses. Kebschull reviewed the staff report included in the packet. MOTION: Commissioner Knackstedt MOVED to hold a public hearing at the August 8, 2012 meeting and Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 7 -b. Discussion /Set Public Hearing -- PZ12 -23 -- A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Section 14.20.230, "Home Occupations," to clarify that appeals regarding Hom.e Occupation Permits shall be rnade in accordance with KMC 14.20.290, "Appeals -Board of Adjustment," and to make other technical changes to provide uniformity with the Kenai Zoning Code, KMC Chapter 14.20. Kebschull reviewed the staff report included in the packet. PLANNING AND ZONING COMMISSION MEETING JULY 25, 2012 PAGE 2 100 MOTION: Commissioner Rowell MOVED to hold a public hearing at the August 8, 2012 me and Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 8. PENDING ITEMS -- None. 9. REPORTS 9 -a. City Council -- Council Member Navarre reviewed the July 18, 2012 City Council, meeting. 9.h. Borough, Planning -- No report. 9 -e. Administration -- Kebschull noted the draft implementation plan of the Comprehensive Plan had been sent to commissions and committees for their comment, the landscape site plan for the Denaina Health Clinic had been approved and the foundation permit would be issued, and City administration met with FEMA regarding the national flood insurance program. 10. PERSONS PRESENT NOT SCHEDULED -- None. 11. INFORMATION ITEMS -- None. 12. NEXT MEETING ATTENDANCE NOTIFICATION -- August 8, 2012 No commissioners requested an excused absence from the August 8, 2012 meeting. 13. COMMISSION COMMENTS f& QUESTIONS -- None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7 :21 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JULY 25, 2012 PAGE 3 101 THIS PAGE IS INTENTIONALLY LEFT BLANK 102 PURGH805 ORDERS BETWEEN $2,SVo,8V AND $|5,0V0.V0 FOR COUNCIL REVIEW COUNCIL MEETING OF: AUGUST 1.2Vl2 — VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT VV8RN|NGL|TE0 SIGNS STREETS OPER4J\NGSUPPUE% 3`08020 GOVERNMEHT COMPUTER SALES PROFESSIONAL SERVICES |TC8P[[8LPROJECTS PROFESSIONAL SERVICES 3`500.00 GOVERNMENT C0rvIPLJTLR SALES PARTS IT CAPIIAL PROJECTS MACHINERY & EQUIPMENT 3`524 00 FRIGID NORTH PARTS O CAPITAL_ PROJECTS MACHINERY &EQUIPMENT 11'084 21 ALASKA NEW HOME BUILDERS CONSlKUCT NEW OFFICE /(rC|lYH&LL BUILDINGS BUILDINGS 4'559.00 NORTHERN SECURI [Y SUPPLY AMMUNITION POLICE OPERATING SUPPLIES 8.657.50 SIRSI DYNIX ANNUAL MAINTENANCE LIBRARY REPAIR & MAINTENANCE 7.470.63 0) THIS PAGE 15 INTENTIONALLY LEFT BLANK 104 8/1/12 `tk a Past Ciy w 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Teiephone:.90-7- 283 -7535 / Fax: 907- 283 -3014 www.cl.kenaiiak.us Budget transfers Capital Project g'ir. excess of five thousand dollars ($5;000), Proiect: IT Canital. Proiects Transfer Prom Transfer To Amount Explanation 132 -8063 0/T Bldgs 132 -2024 Small Toots 55;000.00 Initial budget disbursement 132- 8063,0T Bldgs 132 -4522 Communications 52,000.00 132 -8063 0/T Bldgs 132 -4531 Prof. Services 51D;000.00 132 -8063 o/T Bldgs 132 -8064 Math, & Equip. $.98,000,00 132 -8063 0/T Bldgs 132 -0100 Labor $5,000.00 105 Df THIS PAGE IS INTENTIONALLY LEFT BLANK 106 Kenai Chamber of Commerce & Visitor Center 11471 Kenai Spur Hwy. Kenai, AK 99611 Phone: 907- 283 -7989 Fax: 907- 283 -7183 www. KenaiChamber, org "Building Our Commun One Business at Time July 11, 2012 Rick Koch City of Kenai 210 Fidalgo Avenue Ste, 200 Kenai, AK 99611 Dear Mr. Koch, Our July 4 "America: Land of the Free" Parade & Festivities was a tremendous success. Thousands of people were here in Kenai to celebrate our Independence Day. Our goal here at the Kenai Chamber is to make Kenai the place to be on Juiy 4m. Your commitment to the Chamber and the Kenai Community made this a very festive day for all to remember. We consider our partnership with you a valuable relationship and the key to the success of our July 4 Festivities for 2012. Please let us know of any insights to this years festivities, especially ones that will help us improve the event for next year, by emailing your suggestions to johna *kenaichamber.orq. Thank you again! Sincerely, Johna Beech Executive Director 107 2012 Board of Directors President Brendyn Shiflee First National Bank Alaska Past President Kyle Fisher Lynden Transport Vice President Fred Braun Freedom Realty Treasurer Mika Spangler ConocoPhillips Secretary Penny Furnish Stewart Title Directors sr Scott Hamann Metal Magic Jason Carroll Tesoro Alaska Dennis Swarner Kenai Vision Ron 'Walston Old Town Trophies Jeff Warton Spenard Builders Supply Staff John Beech Executive Director Gloria Ungrue Administrative Assistant Barb Greene Membership Coordinator Harold Pifand Saturday Market Coordinator Bryan Taylor Visitor Services Coordinator Zirrus VanDevere Exhibits Coordinator THIS PAGE 15 INTENTIONALLY LEFT BLANK 108 SUMMARYAPPRAISAL: REPORT • Market Rent Analysis Vintage Pointe Manor Senior Citizen Housing • 381 Senior Court Kenai, AK Prepared for - City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Effective Analysis Date: April 19, 2012 fIh /u$I1ItA al�1� v 7vY'vr ?TC DERRY & ASSOCIATES, Inc. Real Estate Appraisers Zr Counselors (907) 260 -8434 • derry @alaska.torn Box 2882 • Kenai, AK 99611 May 21, 2012 Ms. Rachel Craig, Director Kenai Senior Center 361 Senior Court Kenai, AK 99611 Dear Ms. Craig: DERRY & ASSOCIATES, 1 Real Estate Appraisers & Counselor,: (907)260 6434 « derry@alaskaxxxn Box 2882 l.iina. AK 9961..1 At your request and authorization I have prepared a Market Rental Analysis of the 40 one and two - bedroom apartments in the Vintage Point Manor senior housing project owned by the City of Kenai. This analysis is reported in a Summary Appraisal Report format. The concluded Market Rent is based on rental indications developed from analysis of the current rents of seven senior housing projects in the Central and Southern Kenai Peninsula as well as six non - senior apartment projects in Soldotna and Kenai. Photographs of each of the comparable rentals is included. The existing rents for the varied one and two bedroom comparable rentals are analyzed in comparison to the subject property to develop a Market Rent for the varied apartment sizes and view amenities at Vintage Pointe. The "Scope of Work" in the Appraisal Assignment section details the assignment objective. The "Building Description" section, Summary of Existing Rents, and photographs provide details regarding the physical attributes of Vintage Pointe Manor. The Summary, pages 3 and 4, includes a brief overview of the property and rental conclusions. This assignment is prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation, in conformity with and subject to the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. Thank you for this assignment and the opportunity to be of service to the City of Kenai and Kenai Senior Center.. Respectfully submitted, Julie A. Derry 1. This is a Summary Appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2 -2 (b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal report. As such, it may include summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's conclusion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. 2. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report. 3. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report. 4. Responsible ownership and competent property management are assumed unless otherwise stated in this report. 5. The information furnished by others is believed to be reliable. However, no-warranty is given for its accuracy. 6. All engineering is assumed to be correct. Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 7. It is assumed that there are no hidden or unapparent conditions of the property or subsoil that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 8. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in this report. 9. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in this appraisal report. 10. It is assumed that all required licenses or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based. 11. Any sketch in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise stated in this report. No survey has been made for the purpose of this report. 12. It is assumed that the utilization of the land is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated in this report. 13. The appraiser is not qualified to detect hazardous waste and /or toxic substances. Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and /or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. The presence of substances such as asbestos, ureaformaldehyde foam insulation, polychlorinated biphenyl, petroleum leakage, agricultural chemicals or without limitation other potentially hazardous materials may affect the value of the property. The appraisers value estimate is predicated on the assumption that there is no such substance on or in the property or in proximity to it that would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The appraiser's descriptions and resulting comments are the result of the routine observations made during the appraisal process. 14. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraiser has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraiser has no direct evidence relating to this issue, possible noncompliance with the requirements of ADA was not considered in developing an opinion of the value of the property. 15. Any proposed improvements are assumed to be completed in a good workmanlike manner in accordance with the submitted plans and specifications. 16. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 17. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event, only with proper written qualification and only in its entirety. 18. Neither all nor any part of the contents of this report (especially any conclusion as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser. 19. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. 20. The estimates of Market Rent in this report are not based in whole or in part upon the race, color, or national origin of the prospective owners or occupants of the property appraised, or upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 2 Front of Vintage Pointe Manor with the Kenai Senior Center partially visible at the far right. Property Analyzed Legal Description Interest Appraised Owner of Record 40 one & two bedroom apartments Vintage Pointe Manor 381 Senior Court Kenai, AK The focus of this assignment is to estimate The Market Rent for the individual apartment units in Vintage Point Manor, a 3 level, 45,107 + / -sf multi- family project. The good quality building was constructed in 1992 and has been well maintained. The individual apartments range in size from 586 — 876sf. A recreational common area is on each floor. Half of the apartments have a view amenity of the Kenai River and mountains; the others look toward the Kenai city center. On -site paved parking is available. The Kenai Senior Center is adjacent. Spur S /D, Senior Citizen Addition Ryans Creek Replat Lot 3A The leasehold interest in the individual apartments City of Kenai Hypothetical Conditions None 3 G ClA 1 Extraordinary Assumptions 1) Apartment condition and appliances in all units not inspected are assumed the same/ similar to Units 208, 305 and 312 which were inspected. 2) The unit sizes, layout, project composition, and existing rents reported as part of this assignment are from information provided by the client, assumed correct. The appraiser- did not measure the building /units or calculate sizes. 3) The Market Rent conclusions are for the apartments independent and exclusive of any services, facilities, or activities available at the adjacent Senior Citizen Center whether complimentary or on a fee basis. 4) The Market Rent Analysis and conclusions are based on the project operated as an independent living facility. Effective Date of Analysis April 19, 2012 Date of Report May 21, 2012 Estimated Market Rents: Non -view apartments Apartment Size No. of Bedrooms Market Rent 586sf 1 $750 636sf 1 $7B5 682sf 1 $785 789sf 2 $850 826sf 2 $860 876sf 2 $875 View Apart 586sf 1 $795 637sf 1 $810 682sf 1 $830 789sf 2 $900 876sf 2 $925 The Market Rent conclusions are for the apartments unfurnished, with appliances including washer /dryer in each unit, and excludes sales tax. Utilities /expenses are based on the following allocations: Tenant Expenses — Lights /electrical, internet/phone Owner Expenses — Heat, refuse, water & sewer, cable TV, snow plowing /sanding, RE taxes, building insurance, and building /grounds maintenance. 4 Purpose artc3 Intended Use This consulting assignment was requested and authorized by Rachel Craig, Director, of the City of Kenai Senior Center. The purpose of the assignment is to estimate the Market Rent for the one and two - bedroom apartments in the City's Vintage Pointe Manor, an apartment complex for senior citizens. The intended user of the appraisal report is the City of Kenai administration and Senior Citizens Department. No additional intended users are identified by the appraiser. Based on consultations with the client, consistent with the intended use /purpose, the appropriate Scope of Work was developed. • An inspection was made of the common areas of Vintage Pointe Manor and the interior of three representative apartment units. Rachel Craig, Director of the Kenai Senior Center, and the building manager accompanied the appraiser on the inspection and answered questions concerning apartment amenities, services available, history of maintenance and renovation work, etc. Director Craig provided a copy of the current rent roll listing apartment unit number, size, view amenity and monthly rent. In addition she provided a floor plan of each level and answered additional questions as they arose during completion of this appraisal. • A survey and exterior inspection was made of existing senior citizen oriented apartment projects within the Central Kenai Peninsula market area. Although this included some projects that only rented to seniors qualifying for rental assistance primary emphasis was made to analyze the apartment rents of non - subsidized units. In addition, senior projects in Homer and Cooper Landing were also surveyed and inspected (exterior). Rental rates, project /unit sizes, features, etc. were confirmed with the applicable project(s) manager. • For comparison purposes the appraiser also researched market data on rents of non - senior apartment projects in both Soldotna and Kenai. Emphasis was made to select projects that had similar size units to the subject and were the most similar in terms of apartment amenities, condition, etc. Exterior inspections were made of those projects used as comparables, with rental rates and project details confirmed with property managers. • Numerous inquiries were made with utility and service providers in order to adjust for the differences in services and utilities (cable TV, heat/lights, trash pick -up, etc.) included /excluded in the varied projects. Inquiries were also made with local real estate agents 5 and property managers to develop market - derived adjustments for differences in apartment amenities (carports, garages, extra baths, larger units, etc.). In addition the individual rents of the projects surveyed were also analyzed to develop adjustments for the differences. • Specifically excluded is any consideration of the potential impact on Market Rent potentially attributable to any additional services available from the Senior Citizen Centers adjacent to Vintage Pointe Manor and some of the other senior apartment projects. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2 -2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's conclusions of Market Rent. Supporting documentation that is not provided with the report concerning the data, reasoning, and analyses are retained in the appraiser's file. The depth of the discussion contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. April 19, 2012 (date of inspection) May 21 ;2012 The most probable rent that a property should bring in a competitive and open market reflecting all conditions and restrictions of the lease agreement, including permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (T/s). • Spur S /D, Senior Citizen Addition Ryans Creek Replat Lot 3A. The property is located within the Kenai Recording District, Third Judicial District, State of Alaska. City of Kenai The Uniform Standards of Professional Appraisal Practice (USPAP) and the Professional Standards of the Appraisal Institute require consideration of all offers to sell, contracts to purchase, etc. and history of the subject property within the past three years. The City of Kenai has owned the property in excess of the three year reporting period. The individual apartments have been rented at The Dictionary of Real Estate Appraisal, Appraisal Institute, Fifth Edition, 2010, pgs. 121 and 122. 6 Proper pprais Prior Services Extraord Assumption ypol Condit. varying monthly rents since completion of construction in 1992. There is no known pending sale or offer to purchase the building or any known situation that would impact the Market Rents of the individual units. The leasehold interest in the individual apartments. Derry & Associates has performed no services as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three year period immediately preceding acceptance of this assignment. 1) Apartment condition and appliances in all units not inspected are assumed the same /similar to Units 208, 305 and 312 which were inspected. 2) The unit sizes layout, project composition, and existing rents reported as part of this assignment are from information provided by the client, assumed correct. The appraiser did not measure the building /units or calculate sizes. 3) The Market Rent conclusions are for the apartments independent and exclusive of any services, facilities, or activities available at the adjacent Senior Citizen Center whether complimentary or on a fee basis. 4) The Market Rent Analysis and conclusions are based on the project operated as an independent living facility. None None assumed. The reader is specifically referred to paragraph 13 of the preceding Assumptions and Limiting Conditions. (1) See "Appraisal Specific Definitions" in the Addenda. 7 Building n Address: 381 Sens` Court, Ke at, AK The subject property consists of a 40 -unit, three level apartment building situated on a 3.44 acre site overlooking the mouth of the Kenai River. Appeal of half of the units is enhanced by an excellent mountain /Kenai River view amenity. The building is adjacent and attached to the Kenai Senior Center. Vintage Point Manor is an independent living center for seniors over 60. Leases are month -to- month. The project is serviced with an elevator, has common interior halls /unit access, and has a recreation / common area on each floor. Construction: Wood frame- 45,107 + /- sf Design: Multi -level - 3 floors Interior access to individual apts; 1st level, covered secure HeaUventilation: Central HWBB heat, indiv. control in each apt. Opening windows Deck/patio: Common area Date Built: 1992 Quality: Good entrance. Condition: Good Fire sprinkler: Yes Prof Apartmen Storage lockers: Yes, 4' x 6' Parking: Open parking with electric plug -in avl. Laundry facilities: Elevator access: ADA Apartments: W/D provided in ea. Apt. Yes & interior stw. to each level 1 apartment Common Area: Each Floor & decks Includes 2nd level kitchen /dining /living area w/ gas fireplace; other recreation /sitting areas. Pets: None permitted Assist call feature: Yes On -site manager: 24/7 The apartments are one and two bedroom units ranging from 586 to 876sf each. A rent schedule follows. Tenants pay their own electric, phone and internet, if desired. Units have painted /textured dry- wall walls and ceiling; carpet/vinyl floor covering, and wood doors /trim. Apt. amenities include a bay window /floor area in each living room, built -in desks and pantries in some units. 8 Apt. No. of Units Bedrooms Seta/ AUL View Monthly Rent/ Rent Sc4ft. z One Bedroom Units µ J 1 -A 7 1 586 River /Mtns. $700 $t20 1 -B 1 1 637 River /Mtns $676 $1.06 1 -6 4 1 637 River /Mtns. $712 $1.12 1 -C 4 1 682 River /Mans, $724 $1 06 Total 16 1 -A 4 1 586 City $664 $1.13 1 -A 1 1 586 City $676 $1.15 1 -A2 1 1 586 City $664 $1.13 1 -B 5 1 636 City $676 $1.06 1 -C 4 1 682 City $688 $1.01 Total 15 Two Bedroom Units 2 -C 2 -B 2 -B 2 2 789 River /Mans. $760 196 2 2 876 River /Mtns. $784 $.90 g 1 2 876 River /Mths. $772 $188 2 -C 1 2 789 City $760 $ 96 2 -A 1 2 826 City $736 $.89' 2 -B 2 2 876 City $748 185 Total 9 The project includes a total of 40 apartments; 31 one - bedroom units and a total of nine 2- bedroom apartments. The owner currently classifies the smaller, 789sf two bedroom units as a 1 -1/2 bedroom unit. However the smaller bedroom has a closet and thus for analysis is classified as a two bedroom apartment. ** A copy of the current rent roll provided by the client is included in the Addendum. 9 1l r r is elm me �� ■ �R op vs Front view Vintage Pointe Manor. Covered front drive - through entry is .,0 Je at arrow. The Kenai Senior Citizen Center is out of view at mid right, connected to Vintage Pointe by an interior first level hallway. Rear view of the building. First level uecic is at arrow with 2 " and 3" level common areas above. 10 Rear view amenity to mountains and Kenai River. L The appeal of each apartment is enhanced by a full bay window area in the living room. Senior Citizen Center is out of view at right. 11 & ASSCOC:AT-ES, irc. - 1‘9•I.n-2 Front entry ith seating area, mail its office out of view at let+ Second level common area includes full kitcnen, dining area and living area at le: with gas fireplace; available for resident parties, meetings, etc. MIIIPII1?M 1113/41W ir le DERRY & ASSCCLATES, Inc 12 Third Level common area on the front side (city view) of the building Third level common seating area with excellent view amenity to the Kenai River and mountains beyond. Interior stairway is in center of photo. Elevator out of view at right. 13 TyEpical hallway p , ling access to individual -,, - [tments View into bathroom of Unit 312, a typical one - bedroom unit. Stack washer and dryer is available in each apartment. Built -up entry into shower prevents ADA compliant access. 14 View into the living area in the one bedroom apartment from the entry door. Note bay window area in the center of photo, built -in desk at right and doorway into the bedroom beyond. as- a /- Kitchen area in the same unit. Dining area light visible at right. Entry door is out o view at left. 15 View through the living area of two- bedroom Unit 305 into the smaller bedroom. Although the bedroom has a closet the owner identifies the unit as a 1 -1/2 bedroom due to the smaller size. Kitchen in the same unit and entry doo, at right. 16 Methodology To develop an estimate of the Market Rent for the subject apartments a survey was made primarily of the Central Kenai Peninsula to identify the inventory of senior - citizen oriented apartment projects. This included a summary of project amenities, apartment sizes existing monthly rent and the utilities included /excluded. Senior citizen apartments in Homer and Cooper Landing were also surveyed. For comparison the survey also included several representative apartment buildings in Kenai and Soldotna. Not presented are those projects that have non - market rental rates because tenants are restricted to those qualifying for rent assistance based on their lower income levels. The rental data from each project was confirmed with managers or owners; verifying services included /excluded then compared to the subject to develop an indicated Market Rent. Where market - derived data or costs are available quantitative (% or $) adjustments are applied for differences in comparison to the subject. Qualitative ( +, -, =) adjustments are accounted for in the final reconciliation of Market Rent for variations in more subjective elements of comparison like "senior features" and the appeal of the varied projects. The monthly rents and features of the comparable rentals analyzed are summarized on the two adjustment grids that follow a discussion of the varied projects and photographs. Rentals 1 — 5 are all senior apartment units operated by senior citizen centers, similar to the subject. Most of these projects are located adjacent to a senior citizen center except for Rental 3 in Nikiski and two of the four projects in Homer which are .75 +/- mile away. The Cooper Landing Senior Center meets in the common areas on -site (Rental 5). In Nikiski (Rental 3) ground clearing and site work is now underway for a new senior citizen center adjacent to the apartment units. All of these apartments are newer than the subject except for the Kachemak Bay units in Homer which were built in 1982 and consist of four 6- plexes with carports. The one or two - bedroom units in all of the senior rentals are typically larger than similar bedroom units in the subject. Most have carports or single -car garages compared to the subject's open, paved parking with electrical plug -ins. Rental 3 and the Ravens View units in Cooper Landing have excellent view amenities, similar to the view apartments of the subject. Rentals 3 and 4 lack any common area and all of the units generally lack the 24/7 on -site manager and assistance call button available at Vintage Pointe. The newer buildings are built to ADA standards in the majority of apartments. They are typically a ranch design and thus do not require an elevator. Most of these newer projects are rated good 17 quality and condition and have a heated one -car garage for each apartment. The monthly rents of Rentals 1 - 3 have remained unchanged since for 4 - 6 years, some since initial building construction. The rents of Rental 4 were revised in July 2011 and Rental 5 reported increased rents effective April 2012, reportedly due to increasing heating fuel oil costs. Rental 6 is a senior facility owned and operated by Cook Inlet Housing. Although many of the tenants receive rental assistance based on their incomes that is not a requirement to live in this 24 -unit complex. The rents reported are the "market rents" assuming no rent assistance. The building layout provides interior hallway access to individual apartments similar to the subject but also exterior access from each apartment to a courtyard and small lawn area. Varied common areas through the building provide a library area, recreation room with small kitchen, craft room, laundry room, and separate greenhouse. The site is fenced with a large lawn surrounding the building which is located north of the fenced /secure Wildwood Correctional Complex but access to /from the Kenai Spur Highway is via Borgen Avenue, north of Wildwood. Rental 7 is across the street from the Soldotna Senior Center however owned and operated by Kenai Peninsula Housing initiative. These senior citizen units have no restrictions on tenant income or ability. The apartments are the newest and largest of the rentals analyzed, and they lack any common area. Rents have not changed since occupancy in 2010. Rentals 6 - 11 are non- senior citizen apartment projects in Soldotna and Kenai analyzed as an added comparison recognizing that they also house a number of "seniors ". Although different projects are analyzed for the one and two - bedroom units the features of each are summarized on the adjustment grids. They lack "senior features "; have paved, open parking similar to the subject, and coin - operated on -site laundry facilities. Four of the six projects are older than the subject. Two senior citizen projects surveyed were not included since they require that tenants meet need -based requirements for subsidized rent assistance. Both are 24 units, built in 1977 or 1978 with a predominance of one - bedroom units containing 750 or 760sf. One project is Woodridge in Kenai on Cook Avenue. The other is Northwood Retirement Apartments, across the street from the Soldotna Senior Citizen Center. Following are pictures of the projects included as rental comparables. 18 Rental 1 — Soldotna Fireweed Villa Covered walkway at mid right connects to the Soldotna Senior Citizen Center. Carports for each apartment are located behind. Parking in foreground is adjacent to the Senior Center. 1 Rental 2 — Sterling Moose River Manor North to Moose River I — the older of the two buildings. Doorway in center provides access to the common hallway for access to each apartment and common recreation room in the rear left corner at arrow. Carports are out of view at the north end of the building. The Sterling Senior Center is adjacent to the west. '(:IA T[: 19 Rental 2 — Sterling Interior of common area in Moose River L [ Rental 2 — South to Moose River Ii; the newer of the two buildings Carports are at left. 20 Rental 3 — Nikiski Senior Apartments View of one of two building sani Rear of the Nikiski apartments with an excellent view amenity south over a large lawn area to Marie Lake. A new Senior Center is under construction east of the apartments. 21 Rental 4 — Kachemak Bay Apartments — Homer. The four 6- plexes with partial views to the south are the original apartments available south of the Homer Senior Citizen Center. Rental 4 — Pioneer Vistas — Homer Second level units have elevator or stairway access. Homer Senior Center is across the parking lot to the southeast. Units have a view south to Kachemak Bay and Kenai Mountains. DER P41%1 \ERIN A. ASSOCIATES, inc. 22 Rental 4 — Bartlett Terrance — Homer South side of the apartments with single car garage to the north are a similar design to Swatzell Terrace in the next photo. Some of these units have a partial view south to Kachemak Bay and the Kenai Mountains, others look to a multi- housing project. Both buildings are on Bartlett Street, .75 +/- mile west of the Homer Senior Center. Rental 4 — Swatzell Terrace — Homer Apartments are adjacent south of Bartlett Terrace, out of view at right. Rear decks and windows have a view to dense trees at the south. 23 • Rental 5 — Close up view to the Eagles View units in Cooper Landing. Ravens View apartments, the newer units with an excellent view amenity, are partially visible beyond. Entrance to central common area is at arrow. .1. 1:J X x • i 41 r.i •':.S if Ki a 3 this 1 "� .: �re " ._.. TYL t i+ilitts .� ^ v fMrr r s ,X .. lta�- t`i'C ?. K...... Eagles View units have a filtered view through the trees to Kenal Lake and mountains. 24 Rental 5 — Ravens View units in Cooper Landing Rear of the Ravens View units with an excellent view to the northeast of Kenai Lake and mountains. 25 E Rental 6 — Chuda House — Senior Housing, Kenai Apartment units at right and far left with common area in the middle. Each apartment has interior hallway access and outside entrance to small lawn /planting area. Common recreation area at Rental 6. Other common areas include library, solarium visible in previous photo), greenhouse and laundry room. 26 Rental 7 — Silverwood Senior Housing — Soldotna Apartment units have a view to the rear of trees beyond right side of photo. The project is across the street from the Soldotna Senior Center. Rental 8 — One bedroom units Park Terrace Apartments — Kenai 27 Rental 8 — Two bedroom units and Rental 9 — One bedroom units The Cedars — Kenai Rental 9 — 1 wo bedroom units Tiara Apartments — Soldotna 28 Rental 10 — One bedroom units Ma;ydafe Manor — Soldotna wo bedroom units Mariner Apartments — Soldotna Rental 11 — Redoubt View Apartments - Soldotna 30 Rental Cotnparison The monthly rents reported n the adjustment grids exclude sales t8x According to Kenai Peninsula Borough sales tax regulations any tax. /\ occupant over 65 years of age is exempt from paying sales tax on living unit (apartment, house, etc.) as long as the tenant is a resident uf the State Oy/\|amka. has resided in the Borough annininournofs�i~ months, and provides the lessor proper veri�cahuo/e|igibi|hy. The subject property owned by the City of Kenai and privately owned Rentals 8-11 are the only properties that vvou|dbeinopan\edbyth'" regulation. The rernainingrentals are owned by non-profits that a^" not subiedtOooU8(ting sales tax, regardless uf the age nf the tena` The monthly rent for tenants under S5in Vintage Pointe &4onora"` Rentals 8 — 11 is subject to an additional $30 sales tax (6% on noaxinnunovalue nf$5O0). ` a Each of the rent comparables is analyzed for differences in physical and income characteristics. The following rental comparison adjustment grids summarize each of the rentals and lists the adjustments applied. A separate grid is prepared for the one bedroorn and two bedroom units. 31 alto; ud . et Reno Study Address Vintage Pointe Manor Kenai weed 1lla oldetna Vi Non -VI N Moose River t , Moose River 2 Stedine view No ikisb Sem as ; Kachemak Bay Lake Marie Av ke loner Vistas Swaizell Tenace ;Eagles View Homer 8 tl Terrace ;Cooper Landi Portia tru8a 50 e no re Ravens View Cooper Landing ke /Mountain Chuda House Kenai Non -View Soldotna Non -View Kenai Nan -View re otdo Non View ( Mariner Village A Soldotne Non -Vex Redoubt View API. Soldotna Non -View Monthly rent 6160 7772 -784 3746. ( ::736 6772 $825 °E50 &875 ' - _tsi ", 7870 6850.1707 $1,006 A $740 a /Y9 77717 161. 3 5853 S "L5 Number ofunits. 3(2Vw1 Non) 31 2 1( 6i 3; 10 6 9 2 10° 4t 4' 1 3; 2] 1 1182 21 _ _.- $0.76: 84257 4 572; 21 $1 22 $348,` 6 912`. 2 .._.. $0.86' ;. w. $388; 9 884. 2 _ 59.98 $426^ ;.___.....___ 14. 750 2'. $0.98_: 3U $188'. Apartment Size (s9 789 876 8781 828^ 973 961 . 9741005(1 & 2 bath)< 9491 864 822 -898 1,035 936{ 2i _.._ _ $1 tl8 $504 %5' 2j _....__— Ytl 86 5470 " 7206 2 _ $1.08 _ $390 Number of Bedrooms 2] 2 21 2( 2 2 2 2, 2; 2 2 .. _ Rent per square foot _ Rent per bedroom[; 1v 8380 . . 386 t __..._._ 382( r -.._.� $374( t 3881 _._._�... $413- ...__..__ $426 ...,__.... & 437.80(. f.89 -.97 $400 $ 82 -_a7 $425_450 .. E$413 <. r $3884 ......__.. $0.90 ._.,, $303 _ Age/Date Built 20 years/1992 - 5 years/2007 8 years /2004 4 years/2008 6 years /2006 30 years /1982 10 years/2002 20102007 1 7 years/2005 4 years/2008 31 years /1981 2 years 2010 36 years/1976 _ 12 years/2000 - 27 years/1985 4 years/2008 Condition adjustment %i Quality adjustment % Vehicle Parking adjustment % I. View Good_ Good Paved, open - plug -ins Similar Similar Inferior Inferior Similar Similar Inferior Similar .'i Paved, C/P plug ins I. Paved C/P,plug -in % Paved VP, plug -in 1G heated Kenai River and mountains i Typical ^ Typical Typical Amenities %9 Similar(1.5 baths) . 5V4 Paved,open 11G heated 1G heated Similar enorjredone 2011) i.. Similar _ 5 %7 Similar i el ed Similar Inferior -6%1 _5% 1 - -- 5% Typical Made Lake Partial views In some, no difference in rent Kenai Lake & mountal Storage lockers 4 x 6' for ea. Apt. Laundry facility W/D provided in apt. Appliances Typical DW, GD adjustment %' T- - -� Room in un4 No No In 13-341s1 None None 1 In 13- 325sf W/D provided W/D provided W/D provided W/D provided 1 W/0 provided in apt. Typical +DW Typical +DW,GD i Typical + DkV, Go 1 Typical + DW Typical +(DW to Swatzell Tem) _._._ 1% -.- 1 0% error � In (redone 201011/ Similar Inferior Inferior Inferior IoW tOh 10% 10 %4 Paved,open wlplug -in 4 1G heated I Paved, plug -ins Paved, plug ins (GM open,plug-ins;1 Paved, open Typical Typical Typical r Typical Typical in 1G Yes in 1G -360s( Yes Yes Yes S Lmtd, # stg.lockers 1 W/D provided in apt. Coin -op '. W/D provided in apt Coin op Coin -op Corn-op Coin -op Typical +DW ..__.Typical + DWGD..., Typical + DWG0 Typical +GD Typical +DW Typical DW T_ypical +GD & DW, r 3% 8%. 8 %1 5% 694I Senior Features - Common Area On -site Manager Cal Button Rent Subsidy ADA Apts/Elevator Pets allowed/DeposIt Proximity Sr. Center Yes, kitcheNdining /living area, exercise,deck Yes, 24/7 Yes No One/Yes No Adjacent 1 Yes None None AHFC Yes /NA None Adjacent Yes Yes Yes Yes None None AHFC AHFC None /NA None/NA Yes - 1,$100 Yes-1 $100 Adjacent Adjacent None None I Ea. bldg. has rec/mtg.roomexe None None None equip. 1 Gmhse,rec/oraft rm.+ 1 None No None No None Yes AHFC One/NA Yes Yes -$250. None 5.5 mi. Across street None None AHFC &HUD 1 AHFC All/NA None/NA None/Yes None /NA Yes -1 5250 I Yes $150 -300 Under Constr. Adj.. Adjacent Adjacent .75 mile None None Yes /NA Yes -1 460111- $500 None -meet in cmn.area,2 busses, activitie None None None None None None None None None AHFC None AHFC None/None None/None None/None None None None .7 mi .6 mi. 9m1. None None None AHFC None/None None .8 mi. ervuzs included adjustments ($ /apt.): heat owner lights tenant refuse owner wtr8sew r owner] snow /sand owner1 cable TV owner phone tenan owner owner' tenant owner, 1 owner) owner owner tenant tenant owner owner owner tenant owner] owner( owner owner owner tenant, tenant tenant tenant, tenant owner( owner- owner owner';. owner owner] owner owner) owner- owner owner( owner( owners owner(' owner owner;: 541.001 541.002 $41,00I 541.00 tenan t. tenant: tenant` tenant, tenant $145.001 owner tenant I tenant owneri owner owner) owner owner] owner tenant tenant tenant' owner) 456.001 owner, 515.00 owner( owner owner] owner owner`. $42.50 tenan tenant owner( tenant tenant_ 515.00j owner] owner]' owner( owner]_ $42.50( $41.002 tenant` ownert,, owne tenant' tenant( owner ,`: owners owner + owner] owner) owner:; $4100' $41.00' tenant owner tenant: owner' owner`' owner $41 tenan tenant.00 ' owner. owner) tenantl owner owner ownerl tenant: owner` owner owner owner) 541.001 tenant' tenant? (Avg re 14 a1 ROOS 878 : 5854 y 10 %.1 (Avg.mo DERRY & ASSOCCATES, Inc. o-n 211.120219Pnaletareanna"1127r1n•Ta ass „Jivissiarailititialtheitatlas22149e11021.1211019$9t'AIW "Sr ithashaantiPaPae,,Sraeifit 7121i22777055157260655.72595 glitagas RiagaStat Pmject Address Vintage Pointe Manor Kenai , , lasysevnicanrwr avVeZ:Scee:paniciNahata,:*-.4tescmc*W,N.:WiagesagatAcee:ga,Z,Z,w,ar,t,,,,4424,4aSeastrafteekeineflabinerat'averffitalflegrear,,40.9talt ttire " ':,,,Airtwa,4itassattrektaystelzareakaVamsentuteSSIS,Watraa1/4,..1****---,7,C.,*;meataam,a -iseCaSabt p,,cocaslatirmintxs >leizzA e>,,pki,r..,:10,,tetA,±,:,Aam,,w,,,A;$;,..,:nsg,e,,,ms,,,,,,:an:cri.onna7saxt,,,atgawdenswirespiaajwystafrafeetegteeittea.4104,awataranefraareatocia401,VOIS943.31See • 44F„,0N, View Monthly rir +.4110 Number of unite; Apartment Size (sf) _ 586 637- 682 Number of Bedrooms 1 Non-Vi $664-676 91 6 586 Rent per square foot $t.20j $1.06 - 1.12 81.13-1.15 Rent per bedroom $700 soro-724 1664-676 logrnsitts. Market Rent Study - May 21, 2012 101,111, Fireweed Villa Moose River 1 Soldotna Sterling Non-view 1 Non-view '6715:121112170:12:2717127194651.21722271312:221622.1974110:722,76h97,672.57775244;a29524, Nikiski Seniors KaChernak Bay I Pioneer Vistas Bartlett Terrace 1Eagles View Ravens Vi 1 Lake Marie Ave. Homer 1 Horner Homer 21Cooper Landing Cooper Landing 1 Lake view 21" Partial Mln/Bay views in some no rent variation 7 Kenai Lake/Mountain Mew Chuda House Kenai NonMew Silverwo Soldotna Non-View x.<2, Park Terrace Apt The Cedars Marydale Manor FY crud View Kenai 2 Kenai Soldotna Soldotna Non-Mew J Non-View Non-View 7 Non-View 2712; 77 2/ 16 27750 2 2110ti 2i $877 21 21 $040 6221J 47 66617 77, 24: 6501 51.01 1.08 r $0.69; 25 7486 $68011 $620; $700j 1j 1' 1 1 1. 1 2202 1: 784. 729). $675 776 $75131(672-695 636-682 712-723 777 720 775r 960 560' 468, 4861 I! 1 1; 1'; $.72 - .741- $.97.,g0 $700 $7122 $877 $1.08(1 $8351 5$1840.03r 5$16.7045: $1.04, $1.321 61.441 2$18._&003011_ 81.03; 5027' 2676688 2, 9j, 5700 7 2.620 5700 2/K 22 9276 $676-680 87001 $7501 $67& 111 Age/Date Built 20 years/1992 I 5 years/2007 8 yea-rs/-2004 inferior 5% 6 years/2006 30 years/1982 10 years/2002 I 5 years/2007 1 7 years/2005 i 4 years/2008 31 years/1981 2 years/ 2010 34 years/19762736years/1976 'donor , _1016 ss Inferior ss J75_109268 _ 35 years/1977 4 years/200B Condition ' Good fr , Similar - Similar _ lulatior I Inferior Similar t ,-__ i Similar 1 Infedodredone 2011) 1 s 5% Similar Inferior 10% Similar adjustment %- 151$611i 5%1-21 Quality Good I, i Similar , Inferior ' Slar -- Inferior Irdenor Similar i Similar - Infenor " Similar _ Infedor Inferior ; Infedor Inferior t adjustment %' ____ I 1 _ _ 5% 15% 5% ___ , - 5%1 ---- 1056' 10%, 10%; - 1096 -a--- - Vehicle Parking Paved, open-plug-ins in r Paved, C/P plug ins ' Paved C/P,plug-in" 1 G heated Paved C/P Paved ,open 1G heated 1G heated _I-i.-- j Paved,plugdn 1 --.1 ---,.-' 10 heated -7% — _ _ _ - Paved, plug-ins ' _ _ Paved, plug -ins ; Paved, plug-ins Paved, dug-ins -i, - View Kenai River & mountains Typical Typical __ Made Lake Partial views in some no difference in rent adjustment % --- ----- Kenai Lake and mountains Typical Typical Typtoal Typtoal Typical Typical Appliances Typical + DW, GO j Typical + 6■Ar Typical + DW,G6111- Typical + None Typical W/D provided in apt. DW Typical + DW TypicaCo14-in-DoWp ,GD Typical + DW,G0 Typical None None j Typical + GO W/D provided in apt Coin Coin op Laundry fadlity W/D provided in apt. W/D provided 1 WO provided -W/I2 provided W/D proNviLdneed in apt In 1G- 325sf TypCicaoYinels.+o GO Typical + GO & Storage lockers _ 4' x 6' for ea. Apt. r Room in unit_ No ' In 1G-341sf in 1G Yes in 1G-360sf Yes , p Lmtd.cdpsiptpplpockers None None None None None None None Yes None None 1% 4,18 214j 1% Furnished adjustment 961 Senior Features 6%r 7% 1%; 596' I Area Common 1 Yes, kitchen/dining/living area, exermse,deck 1 Yes On-slte Manager I Yes, 24/7 i None Cali Button Yes 1 None Rent Subsidy j No (.7 AHFC ADA Apts/Elevator i OneNes Yes/NA Pets allowed/Deposit j No 1 None Proximity Sr. Center 1 Adjacent Adjacent Minimum Age 1 60+ 1 62+ adjustment %11_ J i I i I 2I i I 1 Yes None Yes None None None None - Ea. bldg. has reenntg.morniexercise equip. None None None None Gmhse,rec/craft mt.+ No No None None None 1 None None j None None None None None None None None None None None/NA AHFC AHFC & HUD ANNA AHFC ... None Yes AN None Yes-1 $100 Yes-1, $250 None/NA NonefYes None/NA Yes/NA ' One/NA Adjacent Under Constr. Adj ' Adjacent .75 mile None-meet In cmn.area,2 busses, activities Y 5e 55- :150 Yes $150-300 Yes-1 <80lb -$500 Across street 55+ 55+ 55+ Adjacent 62+ 1. 62+ 55+ 1 1 r, FC None 1 FC AHFC : AHFC None/None I None/None j None/None 1 None/None None r None ; None 1 None 3.25 mi 1 ,7m1. 7 .5 mi. 1 .8 mi. NA ( NA NA 7 NA Services included adjustments ($/apt.). vd&sewer owner refuse heat lights tenant owner owner tenant owner owner tenon owner owner ptewpnanert owner owner owner t. r a n t owner owner -1-teWnernant owner 51t :n5;10101 er wner towenpaenpt ovvneri 4:011:7i±:°e; 1ow.15n4e0r, tenant, toenwenenrtY- owner owner owner ownrs_ owner tenant, _ tenant owner; owner/ owne snow/sand owner owner owned owned owner; oowwnn owner tenant __ 541 oaf: owner 0 sten Market Rest phone tenang, tenant tenant tenant, 14terhia.Mnt1=1 (Avg rent/sh tenant (Avg rent/sh tenant, owner n a nt St e2n 54200 54200 tenant towennanerb 50 75 54o:: .0eerr:_ tenant: tenon cable TV j owner o er owner OW owner owner owned owner owner owner owner owner owner owner o to:armlf _17°wnowinnoPeeerr: owner "I."' tenant owner owner 541.00j_ ovvner Rentisquare toot 11 20 7' 5196 5114, 16 3101 106 5494 WAS 1144 51 10 50 66 $1 22 $1182778 tenentji, 5i24 Rent/unit 5769 27676 724 $664an $676 686 5669 17/14 15% Ocg____ 5%■ :17 73; _ 1°9428.98 5i:951.1_1556 _222 5181b_____5%L.... 1555L 5% :134774 cumulative = 100% .815%1_ . 1726,62 Si 08 2715 5$18:31: 5754 8_282_2 2817 -5 7 2, 6 820S 526 Sada Comparable welyntina 2712 5770 owner tenant owner tenant owner owner owner 541.00 tenant DERRY & ASSOCIATES, Inc. 32 Summa' Rent Attiees Condition adjustments are influenced by the age of each building and the on -going maintenance as well as any major renovations that have been done. The effective age of the subject is reduced by the attention paid to maintenance /upkeep. Quality adjustments are required primarily to the non - senior apartment projects as well as the older senior units. Some of the newer projects have higher ceilings and added finish components that enhance overall quality of the building(s) that typically was not done for the older "private" projects. An adjustment for the difference in vehicle parking is based on a comparison of rental rates of apartments with and without a carport or garage. Interestingly, the variation is not as significant as one might expect considering our winter weather conditions. The premium for garages appears to be larger for single family residences where a garage is expected vs. any premium shown by apartment rents. A $50 downward adjustment is applied for a garage and $25 for a carport in comparison to the subject's open parking. The actual adjustments reported on the grids vary since they are converted to a percentage in comparison to the apartment's unadjusted total monthly rent. Initially no view consideration or adjustment is applied to any of the comparables. The Market Rent for the subject's non -view apartments is concluded first followed by applying an upward adjustment for the view units. The rents for the view apartments at Vintage Pointe currently range from 0 to 6.2% higher compared to the same size City view apartments across the hall. All of the apartments of Rental 3 and 5 have view amenities, although the view from the units in Eagles View in Cooper Landing (Rental 5) is partially obscured by tree cover. Due to building location and surrounding tree cover some of the apartments in Homer have varying views of Kachemak Bay and the Kenai Mountains without any difference in monthly rent reported by the housing manager. Similarly none of the projects identified any difference in rent attributed to location in the building (corner or end unit, 1s' or 2n0 floor, etc.). Varied adjustments are required to some of the rentals for differences in building amenities available. Each of the adjustments are developed based on a dollar value. Like the garage and carport adjustments the dollar value is then coverted to a percentage in comparison to the unit's unadjusted monthly rent. In both grids the highest adjustments are required for Rentals 8 — 11 since tenants have to pay the cost of laundry with coin - operated machines. The adjustment to Rental 6 is reduced because of lower laundry fees ($1.00 /load): 34 Conclusion of Market Rent A quantitative adjustment could not be determined for the senior features of the subject vs. the other projects. In a review of the adjustment grids it is clear that for the most part all of the competing senior projects are inferior to the subject and the non - senior units have none of these features available. An upward qualitative adjustment for the subject's superior senior features is considered in the final reconciliation and conclusion of Market Rent. Adjustments are made to the comparables for differences in services included /excluded based on the existing services provided at the subject vs. those in the rentals surveyed. The adjustments reflect prevailing rates charged by local utilities and service providers, or estimates provided by the apartment owners. The cost data was compiled specifically for this assignment. As part of the comparable rental analysis a subjective weighting is applied to each of the comparables based on their similarity to the subject property. That weighting is then used as part of the Measures of Central Tendency. Emphasis is placed primarily on the senior apartment projects and typically those that have smaller units more similar to the subject. In analyzing the Measures of Central Tendency they were calculated based on rent per square foot and rent per apartment unit. Due to the wide variation in apartment sizes and lack of size adjustments initially applied in the analysis, the more meaningful indication of Market Rent is provided by the rent per unit reported at the bottom of each adjust- ment grid. In concluding Market Rent emphasis is placed on the weighted average reported on the adjustment grid. In addition, a comparison of the indicated Market Rent and average apartment size was derived from those rentals that had the highest comparable weighting at either 10 or 15 %. The monthly Market Rent for the non -view apartments at Vintage Pointe Manor are concluded as follows: Apartment Size No. of Bedrooms Market Rent 586sf 1 $750 636sf 1 $765 682sf 1 $785 789sf 2 $850 826sf 2 $860 876sf 2 $875 35 The Market Rent of the view apartnierits is concluded app!ying a 6% view adjuslment based on the range in existing view rents at Vintage Pointe. This adjustment is Iess than the 8 — 19% view premiurns indicated from a survey of view anci nonview Kenai Peninsula hotel rooms. However due to the lack af identified premiums from some of the senior projects the premiurn is considered well supported. The monthly Market Rent for the view apartments is ccncluded as follows: Apartment Size No. of Bedrooms Market Rent 586sf 1 $795 637sf 1 $810 682Sf 1 $830 789Sf 2 $400 876nf 2 $925 The Market Rent conclusions are for the apartments unfurnished, with appliances including washer/dryer in each unit, and excludes sales tax. Utilities/expenses are based on the foliowing allocations: Tenant Expenses —LightS/e|e[t[ic@|. interneVbhVne Owner Expenses — Heat, refuse, water & sewer, cabfe TV, snow p|Vvving/eanding,RE taxes, building nsurance, building/grounds maintenance. The foflowing table reports the Market Rent conclusions by apartment unit type, Size, number of bedrOnnoS, and view amenity. The table also lists the current apartment rents for each as reported by the owner and the number of units of each type and view. 36 Apt. No. of Sq.ftJ Current Market Rent Type Units Bedrooms Apt. View Rent/Month Conclusion One Bedroom Units 1 -A 7 1 586 River /Mtns. $700 $795 1 -6 1 1 637 River /Mtns. $676 $810 1 -6 4 1 637 River /Mans. $712 $810 1 -C 4 1 682 River /Mtns. $724 $830 Total 16 1 -A 4 1 586 City $664 $750 1-A 1 1 586 City $676 $750 1-A2 1 1 586 City $664 $750 1 -6 5 1 636 City $676 $765 1 -C 4 1 682 City $688 $785 Total 15 Ls I, Two Bedroom Units 2-C 2 2 789 River /Mtns. $760 2 -6 2 2 876 River /Mtns. $784 2-6 1 2 876 River /Mtns. $772 $900 $925 $925 2 -C 1 2 789 City $760 $850 2 -A 1 2 826 City $736 $860 2 -6 2 2 876 City $748 $875 Total 9 The Market Rent conclusions are for the apartments unfurnished, with appliances including washer /dryer in each unit, and excludes sales tax. Utilities /expenses are based on the following allocations: Tenant Expenses — Lights /electrical, internet]phone Owner Expenses — Heat, refuse, water 8 sewer, cable TV, snow plowing /sanding, RE taxes, building insurance, building /grounds maintenance 37 I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • My engagement in this assignment was not contingent upon developing or reporting . predetermined results. • My compensation for completing this assignment is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three -year period immediately preceding acceptance of this assignment. • My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • I have made a personal inspection of the property that is the subject of this report. • No one provided significant real property appraisal assistance to the person signing this certification. • The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • As of the date of this report, Julie A. Derry has completed the Standards and Ethics Education Requirement of the Appraisal Institute for Associate Members. Julie A. Derry May 21, 2012 38 ♦ Experience Real Estate Appraiser, Derry & Associates, Inc. 1984 to present. Research Assistant/Office Manager, Derry & Associates, 1978 to 1984. Secretary, HiIlas Appraisal Company, Homer, 1976 to 1978. ♦ Education University of Alaska, additional year to obtain teaching certificate. Oregon State University, Bachelor of Science degree, Home Economics. Valuation of Conservation Easements Appraisal Institute (Al), Tallahassee,FL, 2008. Business Practices and Ethics Al Anchorage, AK, 2006. Standards of Professional Practice Part C, Al, Anchorage, 2000, Report Writing & Valuation Analysis Al Anchorage, 1992. Standards of Professional Practice Parts A & B, Al, Anchorage, 1991. Capitalization Theory & Techniques Parts A & B, American Institute of Real Estate Appraisers (AIREA), San Diego, CA, 1988. Basic Valuation Procedures, AIREA, San Diego, CA, 1985. Real Estate Appraisal Principles, AIREA, San Diego, CA 1985. Appraisal Seminars USPAP Update Al, 2012, USPAP Update Al 2011 Uniform Appraisal Standards for Federal Land Acquisitions Al, 2009; Business Practices and Ethics Al 2009; USPAP Update Al 2009; Subdivision Valuation, Al 2008; Cool Tools: New Technology for Real Estate Appraisers, Al 2007; USPAP Update, Al, 2007' Case Studies in Commercial Highest & Best Use, Al 2007 USPAP Update, Al, 2005; Rates and Ratios AI, 2005' Uniform Appraisal Standards for Federal Land Acquisitions ASFMRA, 2005; Subdivision Analysis Al 2004; The Road Less Traveled: Special Purpose Properties, Al 2004' Scope of Work: Expanding Your Range of Services Al 2003; Land Valuation Adjustment Procedures and Land Valuation Assignments Workshops, AI,2002- Intro to Statistics & Supporting Adjustments Al 2002; Partial Interest Valuation — Divided and Partial Interest Valuation — Undivided AI, 2001. Easements, AK State Professional Land Surveyors, 1999; Eminent Domain & Condemnation Appraising Al 1999' Public Interest Value vs. Market Value AI,1999; Valuation of Detrimental Conditions in Real Estate Al, 1999; Appraisal of Nonconforming Uses, Al 1999' Special- Purpose Properties: The Challenges of Real Estate Appraising in Limited Markets, AI, 1999' The Internet and Appraising, Al, 1997' Appraisal of Retail Properties, AI, 1996 Dynamics of Office Building Valuation, Al, 1996; The Appraiser as Expert Witness, Al, 1995- Appraisal 39 Practice for Litigation, Al, 1995; Understanding Limited Appraisals & Appraisal Reporting Options: General Al 1994; Feasibility Analysis and Highest & Best Use, Al, 1992; General State Certification Review Seminar AI, 1991' Cash Equivalency and Rates, Ratios and Reasonableness, AIREA, 1988 The Basic Use of the Marshall Valuation Service: Calculator Method and The Basic Use and Understanding of the Residential Cost Handbook Marshall & Swift, 1985. ♦ Business and Professional Associate Member, Appraisal Institute Licensed "General Real Estate Appraiser "; Board of Certified Real Estate Appraisers, State of Alaska, Certification No. 88. State Continuing Education Requirements valid to 6/30/13 (28 hours every 2 years). Qualified as an Expert Witness, District Court, Third Judicial District, State of Alaska. Affiliate Member, Kachemak and Kenai Peninsula Boards of Realtors ♦ Typical Appraisal Clientele The Conservation Fund The Nature Conservancy of Alaska Alaska Mental Health Trust Land Office The Trust for Public Land U.S. Fish & Wildlife Service State of Alaska, Department of Natural Resources State of Alaska, Division of Parks State of Alaska, Department of Commerce & Economic Development Exxon Valdez Oilspill Council Federal Aviation Administration City of Homer City of Kenai City of Soldotna Kenai Peninsula Borough University of Alaska Bureau of Indian Affairs Cook Inlet Region, Inc. Cook Inlet Aquaculture Association ARCO Alaska, Inc. Safeway, Inc. National Bank of AlaskaNVells Fargo Bank Alaska First National Bank Alaska KeyBank Alaska USA Federal Credit Union Bank of America Various individuals, attorneys and companies 40 Apartments Apt # Rents Bedrooms Sqft Type City/Ocean 101 $700.00 586 t Ocean 102 $676.00 586 1-A City 103 $712.00 637 1-8 Ocean 104 $688.00 682 i Cay 1105 5724.00 682 e Ocean 106 $0.00 107 $760.00 876 City fl739 MI 2-B City 108 5676.00 .110.1.636 Oty Ocean 109 $784.00 876 110 $688.00 682 ie City 111 $724.00 682 it Ocean 112 $676.00 636 1-A City Ocean 113 $712.00 1111.11111.11311nOcean 1 586 Milla.586 n637 n636 INIMISSIMINESNIOcean 1.311111682 MIEMINEralmmOcean n876 n876 0636 1.101111.682 n682 n637 n636 n637 nrai 586 n586 n789 .1.1.826 2-A n876 n586 1-A2 115 $700.00 201 $700.00 203 $712.00 204 $676.00 205 $724.00 206 5688.00 1-A nillOcean lailiCity ism 2-B 331110cean t iallOcean maCity 1-8 um Earn 1-A Ocean it/ 207 $760.00 208 $748.00 209 $784.00 210 $676.00 211 $724.00 212 $688.00 213 5712.00 214 5676.00 215 $676.00 301 $700.00 11.01.1586 302 $664.00 303 $700.00 304 $664.00 305 $760.00 306 $736.00 307 $772.00 308 $664.00 City City Ocean City Ocean Ocean _ 1 A 1-A City Ocean 1-A City mornocean City somOcean City 309 $700.00 11111.111111111586 1-A Ocean 310 $664.00 111...586 1-A City 311 5700.00 312 $664.00 586 1-A -A Ocean City Page 1 4/19/2012 Appraisal Reporting Format Contents of the Summary Appraisal Report The Summary Appraisal Report should contain a summary of all information significant to the solution of the appraisal problem. "Summarize" is the distinguishing term related to the Summary Appraisal Report. This report, as prepared, complies with the reporting rules for a Summary Appraisal Report, set forth as Standards Rules 2- 2(b)(i) -(xi), Uniform Standards of Professional Appraisal Practice (USPAP), 2012 -2013 Edition, Appraisal Standards Board. The essential difference between the reporting options is the level of detail of presentation in the report. Supporting documentation /analysis not presented in this report is retained in the work tile. Extraordinary assumption An assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. An extraordinary assumption may be used in an assignment only if: • 11 is required to properly develop credible opinions and conclusions; • The appraiser has a reasonable basis for the extraordinary assumption; • Use of the extraordinary assumption results in a credible analysis; and • The appraiser complies with the disclosure requirements set forth in USPAP for extraordinary assumptions. Note: the Use of Extraordinary Assumptions in this assignment might have affected the assignment results. Hypothetical condition' That which is contrary to what exists but is supposed for the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. A hypothetical condition may be used in an assignment only i1. tri Use of the hypothetical condition is clearly required for legal purposes, for purposes of reasonable analysis, or for purposes of comparison; • Use of the hypothetical condition results in a credible analysis; and • The appraiser complies with the disclosure requirements set forth in USPAP for hypothetical conditions. Note: The use of Hypothetical Conditions in this assignment might have affected the assignment results. `Uniform Standards of Professional Appraisal Practice ( USPAP), 2012 -2013 Edition, Appraisal Standards Board, pgs. I.J- 25 -U -27. 2 The Dictiona of Real Estate A• sraisal, pg. 73 and USPAP pgs. U3 & U18. Ibid. pg. 97 and Uniform Standards of Professional Appraisal Practice (USPAP), 2012 -2013 Edition, Appraisal Standards Board, pgs. U -3 & U -l8. NOTICE OF PUBLIC HEARING AUGUST 1, 2012 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Resolution No. 2012 -47 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Increase Rents at the Vintage Pointe Senior Housing Facility. 2. Ordinance No. 2597 -2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. 3. Ordinance No. 2640 -2012 -- Amending the Official Kenai Zoning Map by Rezoning, I3aron Park Subdivision Fire Addition Lots A -1 -A, A -1 -B, and that Portion of Lot A -1 -B Being Utilized for a Fire Industrial /Structural Training School (Parcel #'s 04501019, 045010020, and 04501021) from Education (ED) to Light Industrial (IL). 4. Ordinance No. 2641 -2012 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Park Improvements Capital Project Fund for Capital Improvements in Municipal Park. 5. Ordinance No. 2642 -2012 -- Increasing Estimated Revenues and Appropriations by $61,566 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2012 Personal Use Fishery. 6. Ordinance No. 2643 -2012 -- Increasing Estimated Revenues and Appropriations by $4,960 in the General Fund Parks Department for an Increase in a Previously Awarded Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches Prior to the Start of the 2012 Personal Use Fishery. 7. Ordinance No. 2644 -2012 -- Increasing Estimated Revenues and Appropriations by $6,500.00 in the General Fund for a Library Grant. 8. Resolution No. 2012 -48 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070. 9. Resolution No. 2012 -49 -- Awarding a Contract to Alaska Roadbuilders, Inc. for Improvements to the Kenai Spur Highway Pedestrian Pathway for an Amount Not -to- Exceed $100,000. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may enl�. by th- Council prior to adoption without further public notice. San City Cle Posted: July 27, 2012 AUGUST 1, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET AGENDA REQUESTED BY: ADD TO: ITEM D -2: ORDINANCE NO. 2597 -2011 CITY CLERK • Email from Janine Espy ADD: ITEM D -10: Resolution No. 2012 -50 CITY MANAGER • Honoring the Life of Mary Louise Rasmuson CONSENT AGENDA None. Sandra Modigh From: Janine Espy [dialaprayer @yahoo.com] Sent: Wednesday, August 01, 2012 8:16 AM To: Sandra Modigh Subject: Ordinance 2597 -2011 Dear Ms. Modigh, I had planned to attend the Kenai City Council meeting this evening to comment on Ordinance 2597 -2011 but had to leave town unexpectedly due to a family illness. Therefore, I ask that my comments be read into public record at the appropriate time. Thank you in advance. Sincerely, Janine Espy 403 McCollum Drive Kenai, Alaska I am opposed to Ordinance 2597 -2011 and ask that the City Council take action tonight to vote against these proposed comprehensive changes that would amrnend the Kenai Municipal Code. Action needs to be taken tonight, not postponed to allow the Planning Commission to make changes to the Residential Zones first. I would not support their proposed comprehensive changes to the Residential Zones either as they would drastically change the zone of my neighborhood. I do not need to remind you of the extensive history of my neighborhood, MAPS. I have attended a few of the Planning Commission meetings where these proposed changes were made. I gave my input. These changes do not reflect the input given by me or others of the public when the public in attendance were allowed to give input. Public input has been very limited. These proposed changes would dramatically change the Kenai Comprehensive Plan and change nearly every residential zone in Kenai. Ordinance 2597 -2011 does not reflect the desires of public input in regard to the review of the Kenai Comprehensive Plan. Input by residents of Kenai, on the review of the Kenai Comprehensive Plan has been severely limited. This farce of a review of the Kenai Comprehensive Plan needs to stop immediately, not be perpetuated by a postponement on Ordinance 2597 -2011 I ask that the Kenai City Council: 1. Vote down Ordinance 2597 -2011 tonight, do not postpone 2. Give the Administration specific direction on the review and update of the Kenai Comprehensive Plan to include the public and their stated desires for the direction of Kenai the ci IENAL ALASKA CITY OF KENAI RESOLUTION NO. 2012 -50 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, HONORING THE LIFE OF MARY LOUISE RASMUSON AND HER CONTRIBUTIONS TO THE CITIZENS OF THE CITY OF KENAI, THE KENAI PENINSULA, AND THE STATE OF ALASKA. WHEREAS, Mary Louise Rasmuson died on Monday, July 30, 2012 at her home in Anchorage, Alaska; and, WHEREAS, Ms. Rasmuson was born Mary Louise Milligan in East Pittsburgh Pennsylvania on April 11, 1911; and, WHEREAS, she received a bachelor's in science degree from Carnegie Mellon University and a master's degree in school administration from the University of Pittsburg; and, WHEREAS, when the United States entered World War II she enlisted in the women's corps and was selected as one of four hundred selected for an experiment in using women as military professionals where she became a staff officer with the General Staff of the Department of the Army, rising to the rank of Colonel and was appointed Director of the Women's Army Corps by President Eisenhower; and, WHEREAS, Colonel Mary Louise Milligan was married to Elmer Rasmuson on November 4, 1961 and in 1962 moved to Anchorage, Alaska with her husband; and, WHEREAS, Ms. Rasmuson served tirelessly in many organizations, including the Veterans of Foreign Wars, the Association of University Women, Zonta, Rotary Wives, Pioneers of Alaska, Anchorage Women's Club, League of Women's Voters, Alaska Republican's Women's Club, Alaska Native Sisterhood, the National Association for the Advancement of Colored People, and many other groups; and, WHEREAS, in 1968, Mary Louise Rasmuson was instrumental in the creation of the Anchorage Museum, which is now known as the Anchorage Museum at the Rasmuson Center. The Rasmuson Center houses the State's largest per, ianent collection of paintings and sculptures by Alaskan artists; and, WHEREAS, Ms. Rasmuson and her husband Elmer founded the Rasmuson Foundation. Since its creation in the 1960's the Foundation has directed grants to Alaskan non -profit corporations totaling in excess of $200 million. The City of Kenai has been, and continues to be a direct recipient of the generosity of the Rasmuson Foundation, having received funding for the Kenai Community Library Expansion, Senior Center improvements, and Park & Recreation projects; and, Resolution No. 2012 -50 Page 2 WHEREAS, she was involved in other charitable causes ranging from health care, to scouting, to Native culture. There is an Elmer and Louise Rasmuson Center for Rheumatic Disease at the Benaroya Research Institute of Virginia Mason Hospital in Seattle, and the Elmer and Mary Louise Rasmuson Theater at the Smithsonian National Museum of the American Indian in Washington D.C.; and, WHEREAS, Alaska is a richer place for the life lived by Mary Louise Rasmuson and her endless generosity has touched the lives of all Alaskans; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this resolution honors the life of Mary Louise Rasmuson and gratefully recognizes her contributions to the citizens of the City of Kenai, the Kenai Peninsula, and the State of Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk NAME: COUNCIL APPEARANCE REQUEST Office of the City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -8231 Fax: (907) 283-5068 Email: smodigh@ci.kenakakeus Mailing Address: Residence Address: 2 >5 ktCLA z x Y t a_r :� K r i z Daytime Phone: Brief Description of Topic: Preferred meeting date: %hy( i t to 7 0 Providing written statement /material for inclusion in the council packet is encouraged. Deadline for submittal is normally Wednesday, Noon, the week prior to the council meeting (unless a holiday changes the packet preparation day). Will electronic equipment be used for your presentation? Will you provide personal equipment? V ,E) Will City equipment be needed? X Projector Laptop *Setup of electronic equipment MUST BE completed before 5:00 p.m. of the council meeting day. Contact City Clerk for appointment (283- 8231). Date: Signature: 1 2 ` ✓: Received by City Clerk: Date Time l? Kenai City Council July 18, 2012 Submitted by Jim Butler RE: uncontrolled fish waste from dipnetters ASH WASTE SPOSAL ,OWED ON EACHES 46, Ninilchik Beach No fish waste sign(s) AS 46.06.080. Littering Prohibited. (a) A person may not throw, drop, ieposit, discard, or otherwise dispose 31f litter from a vehicle or otherwise, on )ubIuc or private property in the state r in waters in the state or under state risdiction unless (1) the property is designated by a state agency or municipality as a site for the sanitary disposal of garbage or refuse and the person is authorized to use the site for that purpose; or (2) litter is placed in a litter receptacle so that the litter is prevented from being carried away or deposited by the elements upon public or private property or water in the state or under state jurisdiction. (b) A vehicle may not be driven or moved on a public highway or right -of -way unless (c) A person who violates this section is guilty of a violation, and may be sentenced to pay a fine of not more than $1,000. In addition, the court may order the person to gather and dispose of litter in an area and for a length of time determined by the court. (d) A peace officer shall issue a citation as provided in AS 12.25.180 to a person who violates this section. If a citation is for a minor littering violation, then the person to whom the citation is issued may, within 15 days, mail or personally deliver to the clerk of the court in which the citation is filed (1) a fine of $50; and (2) a copy of the citation indicating that the right to an appearance is waived and a plea of no contest is entered. (e) If a $50 fine has been paid under (d) of this section, then the court shall enter a judgment of conviction. Payment of the fine is a complete satisfaction for the violation. (f) If a person cited under this section fails to pay the fine or to appear in court as required, the citation is considered a summons for a failure to obey a citation under AS 12.25.230 , and the court may issue a bench warrant. (g) Notwithstanding other provisions of law, if a person cited for a minor littering violation under this section appears in court and is found guilty, the penalty that is imposed for the violation may not exceed $50. (h) In this section "a minor littering violation" means a violation of (a) or (b) of this section involving littering having an aggregate weight of five pounds or less. Excerpts from City of Kenai Municipal Code Title 9 — Garbage And Other Refuse 9.10.005 Definitions. Those definitions specified in Kenai Peninsula Borough Code Section 10.04.010 are hereby adopted by reference herein. Unless otherwise provided or the context otherwise requires: (a) "Landfill" means a land area used for the disposal of solid waste; (b) "Solid Waste" means all unwanted or discarded solid or semi -solid material whether putrescible or non - putrescible, originating from any source, including but not limited to garbage, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter, and street sweepings, de- watered sewage, sludge, dead animals, offal, junked vehicles, and equipment, material and debris resulting from construction or demolition projects, abandoned and decaying structures, and hazardous wastes; (c) "Solid Waste Disposal Facility" means an intermediate disposal facility, transfer station, landfill, incinerator, composting plant, recycling, or reclamation facility or any site utilized for the reduction, consolidation, conversion, processing, or disposal of solid waste. (KC 9 -1; Ord. 233, 1929 -2001) 9.10.110 Penalty. Any person, firm, or corporation who shall create or maintain a nuisance as defined in this chapter, or who shall violate any provision of this chapter, shall upon conviction be punished as provided for violations in KMC 13.05.010. (KC 9 -11; Ords. 233, 1240) Title 12 — Health and Safety 12.20.010 Deposit of refuse. (a) No person shall place or deposit any refuse in or upon any public property, public beach, public alley, street, or highway, sidewalk, park or other public place in the City except as herein expressly authorized. No person shall place any refuse on land of another without the owner's consent. (b) Dumpsters or trash receptacles located on public property may only be used for depositing small quantities of refuse generated in connection with public activities such as picnicking, camping, touring, pleasure boating, fishing, or other outdoor recreation. No fish, fish carcasses. fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. No person shall deposit refuse generated by residential, commercial, or industrial uses in or near any dumpster or trash receptacle located on public property. No person shall deposit refuse in or near any dumpster or trash receptacle located on public property contrary to any instructions posted on or near the dumpster or trash receptacle. CoK Refuse info Page 1 of 2 O 0 0 Ln Lr) -a a) c 0 U 4E; c on c o \° ® 0 o en Lo tsi o m e 0 ro 0 City of Kenai - Aug. 1, 2012 AUGUST 1, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET AGENDA REQUESTED BY: ADD TO: ITEM D -2: ORDINANCE NO. 2597 -2011 CITY CLERK • Email from Janine Espy ADD: ITEM D -10: Resolution No. 2012 -50 CITY MANAGER • Honoring the Life of Mary Louise Rasmuson CONSENT AGENDA None. Sandra Modigh From: Janine Espy [dialaprayer @yahoo.com] Sent: Wednesday, August 01, 2012 8:16 AM To: Sandra Modigh Subject: Ordinance 2597 -2011 Dear Ms. Modigh, I had planned to attend the Kenai City Council meeting this evening to comment on Ordinance 2597 -2011 but had to leave town unexpectedly due to a family illness. Therefore, I ask that my comments be read into public record at the appropriate time. Thank you in advance. Sincerely, Janine Espy 403 McCollum Drive Kenai, Alaska I am opposed to Ordinance 2597 -2011 and ask that the City Council take action tonight to vote against these proposed comprehensive changes that would amrnend the Kenai Municipal Code. Action needs to be taken tonight, not postponed to allow the Planning Commission to make changes to the Residential Zones first. I would not support their proposed comprehensive changes to the Residential Zones either as they would drastically change the zone of my neighborhood. I do not need to remind you of the extensive history of my neighborhood, MAPS. I have attended a few of the Planning Commission meetings where these proposed changes were made. I gave my input. These changes do not reflect the input given by me or others of the public when the public in attendance were allowed to give input. Public input has been very limited. These proposed changes would dramatically change the Kenai Comprehensive Plan and change nearly every residential zone in Kenai. Ordinance 2597 -2011 does not reflect the desires of public input in regard to the review of the Kenai Comprehensive Plan. Input by residents of Kenai, on the review of the Kenai Comprehensive Plan has been severely limited. This farce of a review of the Kenai Comprehensive Plan needs to stop immediately, not be perpetuated by a postponement on Ordinance 2597 -2011 I ask that the Kenai City Council: 1. Vote down Ordinance 2597 -2011 tonight, do not postpone 2. Give the Administration specific direction on the review and update of the Kenai Comprehensive Plan to include the public and their stated desires for the direction of Kenai the ci IENAL ALASKA CITY OF KENAI RESOLUTION NO. 2012 -50 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, HONORING THE LIFE OF MARY LOUISE RASMUSON AND HER CONTRIBUTIONS TO THE CITIZENS OF THE CITY OF KENAI, THE KENAI PENINSULA, AND THE STATE OF ALASKA. WHEREAS, Mary Louise Rasmuson died on Monday, July 30, 2012 at her home in Anchorage, Alaska; and, WHEREAS, Ms. Rasmuson was born Mary Louise Milligan in East Pittsburgh Pennsylvania on April 11, 1911; and, WHEREAS, she received a bachelor's in science degree from Carnegie Mellon University and a master's degree in school administration from the University of Pittsburg; and, WHEREAS, when the United States entered World War II she enlisted in the women's corps and was selected as one of four hundred selected for an experiment in using women as military professionals where she became a staff officer with the General Staff of the Department of the Army, rising to the rank of Colonel and was appointed Director of the Women's Army Corps by President Eisenhower; and, WHEREAS, Colonel Mary Louise Milligan was married to Elmer Rasmuson on November 4, 1961 and in 1962 moved to Anchorage, Alaska with her husband; and, WHEREAS, Ms. Rasmuson served tirelessly in many organizations, including the Veterans of Foreign Wars, the Association of University Women, Zonta, Rotary Wives, Pioneers of Alaska, Anchorage Women's Club, League of Women's Voters, Alaska Republican's Women's Club, Alaska Native Sisterhood, the National Association for the Advancement of Colored People, and many other groups; and, WHEREAS, in 1968, Mary Louise Rasmuson was instrumental in the creation of the Anchorage Museum, which is now known as the Anchorage Museum at the Rasmuson Center. The Rasmuson Center houses the State's largest per, ianent collection of paintings and sculptures by Alaskan artists; and, WHEREAS, Ms. Rasmuson and her husband Elmer founded the Rasmuson Foundation. Since its creation in the 1960's the Foundation has directed grants to Alaskan non -profit corporations totaling in excess of $200 million. The City of Kenai has been, and continues to be a direct recipient of the generosity of the Rasmuson Foundation, having received funding for the Kenai Community Library Expansion, Senior Center improvements, and Park & Recreation projects; and, Resolution No. 2012 -50 Page 2 WHEREAS, she was involved in other charitable causes ranging from health care, to scouting, to Native culture. There is an Elmer and Louise Rasmuson Center for Rheumatic Disease at the Benaroya Research Institute of Virginia Mason Hospital in Seattle, and the Elmer and Mary Louise Rasmuson Theater at the Smithsonian National Museum of the American Indian in Washington D.C.; and, WHEREAS, Alaska is a richer place for the life lived by Mary Louise Rasmuson and her endless generosity has touched the lives of all Alaskans; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this resolution honors the life of Mary Louise Rasmuson and gratefully recognizes her contributions to the citizens of the City of Kenai, the Kenai Peninsula, and the State of Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of August, 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO 499490 a printed copy of which is hereto annexed was published in said paper one each and every day consecutive day following dates: July 30, 2012 for one successive and in the issues on the /gee rt-i SUBSCRIBED AND SWORN to me before this 31st day of July 2012 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 AGENDA KENAI CITY COUNCIL - WORK SESSION AUGUST 1, 2012 5:30 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CAPITAL PROJECT PRIORITIES A Proposed Projects & Outline -flick Koch, City Manager B- Discussion and Council Comment C. Public Comment AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 1, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER B. SCHEDULED PUBLIC COMMENTS. (Public comment limited to ten (1 0) minutes per speaker) 1. Courtney Stroh, ROC the Kenai -- Fish Waste and Trash on the Kenai Beach. C. UNSCHEDULED PUBLIC COMMENTS, (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) per D. PUBLIC HEARINGS (Testimony limited to three (3) speaker thirty (30) minutes aggregated 1. Resolution No. 2012 -47 -- Amending its Comprehensive Schedule of Rates, Charges. and Fees for Changes to Increase Rents at the Vintage Pointe Senior Housing Facility. 2. Ordinance No. 2597-2011 -- Amending Kenai Municipal Code 14.22.010, Land Use Table, to Maki. Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR). Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts, 3, Ordinance No. 2640 -2012 -- Amending the Official Kenai Zoning Map by Rezoning, Baron Park Subdivision Fire Addition Lots A -1 -A, A-1 -B, and that Portion of Lot A -1 -B Being Utilized for a Fire Industrial /Structural Training School (Parcel #'s 04501019, 045010020, and 04501021) from Education (ED) to Light Industrial (IL). 4. Ordinance No. 2641 -2012 -- Increasing Estimated Revenues and Appropriations by $10.000 in the Park Improvements Capital Project Fund for Capital Improvements in Municipal Park. 5. Ordinance No. 2642 -2012 -- Increasing Estimated Revenues and Appropriations by 561,566 in the General Fund City Manager and Parks Departments for the Receipt of a Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches During the 2012 Personal Use Fishery. 6. Ordinance No. 2643 -2012 -- increasing Estimated Revenues and Appropriations by 54,960 in the General Fund Parks Department for an Increase in a Previously Awarded Grant from the State of Alaska Department of Environmental Conservation for Bacteria Level Monitoring on the City's Beaches Prior to the Start of the 2012 Personal Use Fishery. 7, Ordinance No. 2644 -2012 -- increasing Estimated Revenues and Appropriations by 56,500.00 in the General Fund for a Library Grant, 8. Resolution No. 2012-48 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. and to be Sold as Allowed in Kenai Municipal Code 7.15.070. 9. Resolution No. 2012 -49 -- Awarding a Contract to Alaska Roadbuilders, Inc. for Improvements to the Kenai Spur Highway Pedestrian Pathway for an Amount Not -to- Exceed 5100,000. E. MINUTES 1. `Regular Meeting of July 16. 2012 F. UNFINISHED BUSINESS — None G. NEIN BUSINESS 1. Action/Approval -- Bills to be Ratified 2. Action/Approval -- Lease for Office Space Between the City of Kenai and Homer Electric Association. Inc. and its Affiliate Alaska Electric and Energy Cooperative for a Portion of the Second Floor of a Structure Known as "The Beacon Building" and Situated in the City of Kenai, Alaska and Consisting of Approximately 3,182.35 Square Feet. 3. Action/Approval -- Rejection of Bids for the Kenai Municipal Airport Obstruction Tree Removal Project. 4, `Ordinance No. 2645-2012 -- Increasing Estimated Revenues and Appropriations by 55.000 in the Senior Citizen Fund for a Donation Received from Marathon OIL H. COMMISSION/COMMITTEE REPORTS I, REPORT OF THE MAYOR J. ADMINISTRATION REPORTS K. ADDITIONAL PUBLIC COMMENT 1_ Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments N. ADJOURNMENT The public is invited to attend and participate. Additional Information is - available through the City Clerk's office or by visiting our website at ht Lkenai, akme, Sandra Modigh, CMC, City Clerk D3401211