CLERK'S OFFICE - FILE · 2. Ordinance 97-08: Amending KPB 22.33.090 to Provide That All Assembly Members Shall Be Voting Members of All Assembly Committees (Drathman)

CLERK'S OFFICE - FILE

Kenai Peninsula Borough

Assembly Meetinc. Schedule

TUESDAY, FEBRUARY 18, 1997

10:00 a.m.

1:00 p.m.

3:00 p.m.

4:00 p.m.

5:00 p.m.

5:00 p.m.

7:30 p.m.

Joint Work Session with School Board re Budget Assembly Chambers

Work Session - Central Penn. Hospital Assembly Chambers

Policies and Procedures Committee Conference Room A

Legislative Committee Conference Room B

Fmance Committee Conference Room A

Land Use Planning Committee Conference Room B

Regular Assembly Meeting Borough Assembly Chambers

S:\WPWIN\DATA\AGENDA\MTGSCHED


Assembly Agenda February 18. 1997 ·7:30 p.m. Regular Meeting Borough Assembly Chambers, Soldotna

Jack Brown President Seal 3 • Nikiski Term Expires 1998

Ron Dralhman Vice President Seat8-Homer Term Expires 1999

Dale Bagley AssemblyMember Seat 4 • Soldotna Term Expires 1998

Debra Horne AssemblyMember Seat 7 • Tuslumena Term Expires 1998

Grace Merlres AssemblyMember Seat 5 - Sterling Term Expires 1999

Tim Navarre AssemblyMember Seat 2 - Kenai North Term Expires 1999

Bill Popp AssemblyMember Seat 1 . Kenai South Term Expires 1997

Drew Sca/zi Assembly Member Seat 9Diamond/Seldovia Term Expires 1997

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

D. ROLLCALL

E. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (*) are considered to be routine and non-cntroversial by tbe Assembly and will be approved by one motion. There will be no separate discussion ofthese items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its nonnal sequence on the agenda.)

F. APPROVAL OF MINUTES

*1. Minutes of the Regular Meeting of January 21, 1997

G. PUBLIC COMMENTS AND PRESENTATIONS - Items other than those: appearing on the agenda (3 minutes per speaker, 20 minutes aggregate)

1. City ofKenai Fire Dept. (10 mins)

H. COMMfITEE REPORTS

L REPORTS OF COMMISSIONS AND COUNCILS

J. ITEMS NOT COMPLETED FROM PRIOR AGENDA

K. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)

1. Ordinance 96-47: Amending the Tax Code to Create a $50,000 Personal Property Tax Exemption and Establishing a Flat Tax for Motor Vehicles (Drathman) (Referred to Finance Committee)

Milre Wiley 2. Ordinance 97-05: Appropriating Funds Towards the Rebuilding ofAssembly Member

the Ninilchik Elementary/High School (Mayor) (Referred toSeat 6 • Seward Term Expires 1997 Finance Committee)

Kenai Peninsula BorOUgh Assembly Agenda February 18, 1997 Page 1

1

5

3. Ordinance 97-06: Extending the Time Period for the Submittal ofthe CCRC Task Force Report and the Temporary Suspension ofCCRC Permits (Mayor) (Referred to Land Use Committee)

~ 4. Ordinance 97-07: Appropriating $43..477.00 From the FY 97911 Communication

Capital Projects Fund Balance to the Communications Center 911 for the Purchase, Construction and Installation ofEquipment at the Alternate 911 Site lit Soldotna Police Dept. (Mayor) (Referred to Finance Committee)

L. UNFINISHED BUSINESS

1. Reconsideration

a. Ordinance 96-52: Authorizing the Sale ofApproximately 1.08 Acres of Borough Land Located on Kalifornsky Beach Road to Ed and Terrie Zehrung (Mayor) (Referred to Land Use Planning Committee) (postponed to March 4, Navarre gave notice of reconsideration)

M. NEW BUSINESS

1. Bid Awards - None

2. Resolutions

*a. Resolutjon 97-007: Supporting Full Operations and Funding for the ARFl~ Project in the City ofKenai (popp, Navarre)

*b. Resolution 97-008: Authorizing the Update ofRetention Items Created Throughout the Year of 1996 (Mayor @ request ofClerk) (Referred to Policy & Procedures Committee)

·c. Resolution 97-009: Allowing for the Faxing ofKenai Peninsula Borough Assembly Agenda Items to Taxpayers at Their Request (Bagley) (Referred to Policies & Procedures Committee)

3. Ordinances for Introduction

*a. Ordinance 97-12: Amending KPBC 5.18.200 by Creating a Sales Tax Exemption for Occupational Therapists (Wiley) (Referred to Finance Committee) (Hearing 3/18/97)

*b. Ordinance 97-13: Amending KPB 5.18.430, Sales Tax, by Increasing Maximum Tax to Sales on $1,000 (Wiley) (Referred to Finance Committee) (Hearing 3/18/97)

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9

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12

56

67

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70

Kenai Peninsula Borough Assembly Agenda February 18, 1997 Page 2

·c. Ordinance 97-14: Establishing Requirements for Subdivision Wastewater Disposal in the Kenai Peninsula Borough (Mayor) (Hearing 3/18/97) (Referred to Land Use Planning)

·d. Ordinance 97-15: Amending KPB 17.10.100 by Adding a New Section "T', AUowing Neighboring Property Owners and Others with Prior Interests in Borough Lands to Purchase Such Lands by Matching the Highest Bid (Wiley) (Referred to Land Use Committee) (Hearing 3/18/97)

4. Other

·a. Petition to vacate a twenty foot public use easement within westerly twenty feet ofLot 10, Block 2, Sumpter Subdivision (plat K-525 Kenai Recording District). Within Section 12, T5N, R9W, Seward Meridian, Alaska

N. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)

O. MAYORIS REPORT

Aweements and Contracts

None for this reporting period.

1. Memo from Finance Department regarding Policy for Application of Property Tax Payments. Copy attached.

2. Memo from Kenai Peninsula Borough School District regarding approval ofsurplus of Homer Intermediate School buildings. Copy attached.

3. Budget Revisions - January, 1997~ and Revenue Expenditure Report dated February 3, 1997. Copy attached.

P. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

Q. ASSEMBLY COMMENTS

R PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)

1. Ordinance 96-39: Enacting KPB Chapter 8.10 Providing for Limited Boroughwide Animal Control in the Area Outside Cities (Navarre) (Tabled indefinitely)

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118

Kenai Peninsula Borough Assembly Agenda Febroary 18, 1997 Pa e 3

2. Ordinance 97-08: Amending KPB 22.33.090 to Provide That All Assembly Members Shall Be Voting Members of All Assembly Committees (Drathman) (Referred to Policy & Procedures Committee) (Hearing 3/04/97)

3. Ordinance 97-09: Amending KPB 22.40.130, Agenda, Public Presentations (Scalzi) (Referred to Policy & Procedures Committee) (Public Hearing 3/04/97)

4. Ordinance 97-10: Re-appropriating the Remaining Funds from the Appropriati()n in Emergency Ordinance 97-03 Because the Original Appropriation Will Expire Pursuant To AS 29.25.030 on or about March 8, 1997 (Mayor) (Referred to Finance Committee) (Public Hearing 3/04/97)

5. Ordinance 97-11: Creating a Trails Commission (Scalzi) (Referred to Land Use Committee) (Hearing 3/04/97)

S. INFORMATIONAL MATERIALS AND REPORTS

T. NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on March 4, 1997 at 7:30 p.m. in the Borough Assembly Chambers, Borough Administration Building, Soldotna, Alaska.

This meeting will be broadcast on KPEN-FM 101. 7 (Central Peninsula), KPEN-FM 102.3 (Homer), KGTL-AM 620 (Homer), KPEN-FM 102.3 (Seward), KPEN-FM 99.3 (Anchor Point & SeldOVia), KPEN-FM 100.9 (Kachemak City & East End)

Copies ofagenda items are available at the Borough Clerk's Office or outside the Assembly Chambers just prior to the meeting. For further information, please call the Clerk's Office at 262-8608 or tollfree within the borough at 1-800-478-4441, Ext. 308.

Kenai Peninsula Borough Assembl}' Agenda February 18, 1997 Page 4

Kenai Peninsula Borough Assembly

Policy & Procedures Committee February 18, 1997 3:00p.m. Conference Room A

Dale Bagley, Chair Mike Wiley, Vice Chair Ron Drathman Drew Scalzi

AGENDA

1. Resolution 97-008: Authorizing the Update ofRetention Items Created Throughout the Year of 1996 (Mayor @ request ofClerk)

56

Resolution 97-009: Allowing for the Faxing ofKenai Peninsula Borough Assembly Agenda Items to Taxpayers at Their Request (Bagley)

67

3. Prime Cable - request to air assembly meetings

4. Review ofOpen Meetings Act

Staff requested:

Borough Clerk Borough Attorney

Kenai Peninsula Borough Assembly

Le~slative Committee February 18, 1997 4:00p.m. Conference Rooms B

Debra Home, Chair Tim Navarre, Vice Chair Jack Brown Grace Meckes BillPopp

AGENDA

1. Reports from Assembly Members on Bills recommended for KPB High Priority List

2. Seward Requests

3. Teleconferences

Staff requested:

Borough Clerk Mayor's Assistant

!(enai Peninsula Borough Assembly

Finance Committee February 18, 1997 5:00p.m. Conferen,cc Rooms A

Drew Sc:alzi, Chair Dale Bagley, Vice Chair Debra Home Ron Dratliunan

AGENDA 1. Ordinance 96-47: Amending the Tax Code to Create a $50,000 Personal Property Tax

Exemption and Establishing a Flat Tax for Motor Vehicles (Drathman) 1

2. Ordinance 97-05: Appropriating ElementarylHigh School (Mayor)

Funds Towards the Rebuilding of the Ninilchik 2

3. Ordinance 97-07: Appropriating $43,477.00 From the FY 97 911 Communications Capital Projects Fund Balance to the Communications Center 911 for the Purchase, Construction clLnd Installation of Equipment at the Alternate 911 Site at Soldotna Police Dept. (Mayor)

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4. Ordinance 97-12: Amending KPBC 5.18.200 by Creating a Sales Tax Exemption for Occupational Therapists (Wiley) (Referred to Finance Committee) (Hearing 3/18/97)

69

5. Ordinance 97-13: Amending KPB 5.18.430, Sales Tax, by Increasing Maximum Tax to Salles on $1.,000 (Wiley) (Referred to Finance Committee) (Hearing 3/18/97)

70

Staff requested:

Finance Director

Kenai Peninsula Borough Assembly I

Land Use Plannin~ Committee Febnwy 18, 1997 5:00p.m. Conference Rooms B

Grace Merkes, Chair Mike Wiley, Vice Chair lack Brown Tim Navarre Bill Popp

1.

2.

3.

4.

AGENDA Ordinance 97-06: Extending the Time Period for the Submittal of the CCRC Task Force Report and the Temporary Suspension ofCCRC Permits (Mayor)

Ordinance 96-52: Authorizing the Sale of Approximately l.08 Acres of Borough Land Located on Kalifornsky Beach Road to Ed and Terrie Zehrung (Mayor) (Referred to Land Use Planning Committee)

Ordinance 97-12: Amending KPBC 5.18.200 by Creating a Sales Tax Exemption for Occupational Therapists (Wiley) (Referred to Finance Committee) (Hearing 3/18/97)

Ordinance 97-13: AmendingKPB 5.18.430, Sales Tax, by Increasing Maximum Tax to Sales on $1,000 (Wiley) (Referred to Finance Committee) (Hearing 3/18/97)

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14

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70

Staff requested:

Planning Director or representative


Assembly Minutes January 21,1997 -7:30 p.m. Regular Meeting Borough Assembly, Soldoma

CALL TO ORDER

The Regular Meeting of the Kenai Peninsula Borough Assembly was held on January 21, 1997, in the Borough Assembly Chambers, Soldotna, Alaska. Vice President Drathman called the meeting to order at 7:30 p.m.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited followed by the invocation given by Father Richard Tero, Soldotna Catholic Church, Soldotna, Alaska.

There were present:

Ron Drathman, Presiding Tim Navarre Dale Bagley Mike Wiley Grace Merkes Debra Horne Bill Popp Drew Scalzi

comprising a quorum of the assembly.

Excused absence: Jack Brown

Also in attendance were:

Mike Navarre, Mayor Bonnie Golden, Mayor's Assistant Colette Thompson, Borough Attorney Gaye Vaughan, Borough CII~rk Shirley Olsen, Deputy Borough Clerk

APPROVAL OF AGENDA AND CONSENT AGENDA

Copies having been made available to the public, Gaye Vaughan, Borough Clerk noted by title only the resolutions and ordinances on the Agenda and Consent Agenda.

MOTION: Navarre moved for the approval ofthe agenda

and consent,. . .

Kenai Peninsula Borough Assembly Minutes

January 21, 1997 Volume 38, Page 387

• Minutes of the Regular Meeting of January 7, 1997

• Resolution 97-002: Electing to Participate in the Retirement Incentive Program (RIP), Chapter 4, First SLA 1996, and Authorizing the Mayor to Enter into an Agreement with the Administrator of the Public Employees' Retirement System (PERS) to Fund the Cost of Participation in the Program (Mayor) (Referred to Finance Committee)

• Resolution 97-003: Authorizing The Expenditure of Central Kenai Peninsula Hospital Service Area Funds for The Purpose of Analyzing Various Options For the Continued Operation of the Hospital (Mayor) (Referred to Finance Committee)

• Ordinance 97-04: Amending KPB 17.10 Adding a New Classification for Borough-owned Lands to Recognize Historical Sites (Merkes) (Hearing 2/18/97) (Referred to Land Use Committee)

• Ordinance 97-05: Appropriating Funds Towards the Rebuilding of the Ninilchik Elementary/High School (Mayor) (Hearing 2/18/97) (Referred to Finance Committee)

• Ordinance 97-06: Extending the Time Period for the Submittal of the CCRC Task Force Report and the Temporary Suspension of CCRC Permits (Mayor) (Hearing 2/18/97) (Referred to Land Use Planning Committee)

• Ordinance 97-07: Appropriating $43,477.00 From the FY 97 911 Communications Capital Projects Fund Balance to the Communications Center 911 for the Purchase, Construction and Installation of Equipment at the Alternate 911 Site at Soldotna Police Dept. (Mayor) (Hearing 2118/97) (Referred to Finance Committee)

• Restaurant Designation Permit: Sunrise Inn, Mile 45 Sterling Hwy., Cooper Landing, AK

Vice President Drathman called for additions, corrections or deletions to the agenda or consent agenda.

The following item was requested to be removed from the consent agenda:

• Resolution 97-003: Authorizing The Expenditure of Central Kenai Peninsula Hospital Service Area Funds for The Purpose of Analyzing Various Options For the Continued Operation of the Hospital (Mayor) (Referred to Finance Committee)

• Ordinance 97-04: Amending KPB 17.10 Adding a New Classification for Borough-owned Lands to Recognize Historical Sites (Merkes) (Hearing 2/18/97) (Referred to Land Use Committee)

• Ordinance 97-07: Appropriating $43,477.00 From the FY 97 911 Communications Capital Projects Fund Balance to the Communications Center 911 for the Purchase, Construction and Installation of Equipment at the Alternate 911 Site at Soldotna Police Dept. (Mayor) (Hearing 2/18/97) (Referred to Finance Committee)

Assembly Minutes Kenai Peninsula Borough Vol. 38, Page 388 January 21,1997

Vice President Drathman called for public comment regarding additions or deletions to the ageltlda or consent agenda. With none being offered Vice President Drathman closed the public comment period.

VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED:

MOTION PASSED: Unanimous without objection

PUBLIC COMMENTS AND PRESENTATIONS

Vice President Drathman opened and closed public comment with none being offered.

COMMITTEE REPORTS:

Flw!a~~~9~_mittee- Assembly Member Scalzi stated that the committee met and recommended ',_fOI\,*e)p~sf

recommendation process. The board voted, hy resolution, that no leasing was to take place within one-half mile of the Kenai River.

Mr. Knock reported on the January l&h meeting of the Bo

PUBLIC HEARINGS ON OlffiINANCES

Ordinapce 96-52: Authorizing the Sale of Approximately 1.08 Acres of Borough Land Located on Kalifornsky Beach Road to Ed and Terrie Zehrung (Mayor)

MOTION: Scalzi moved to enact Ordinance 96-52.

Land Use Planning Committee - Assembly Member Merkes stated that the committee recommended to postpone any action on Ordinance 96-52 until Zehrung's offer could be reviewed.


MOTION: Merkes moved to postpone Ordinance 96-52 until the February 4, 1997 meeting.

VOTE ON MOTION TO POSTPONE:


Ordinance 96-53: Amending the List of School Capital Improvement Projects Approved for 1996/1997 by Adding a Project to Improve the Chapman Elementary School Water System (Mayor)

MOTION: Scalzi moved to enact Ordinance 96-53.

Finance Committee, Assembly Member Scalzi stated that the committee recommended for the enactment ofOrdinance 96-53.


VOTE ON MOTION TO ENACT:


Ordinance 96-54: Adopting the City of Kenai Comprehensive Plan Revised 1995/1996 (Mayor)

MOTION: Navarre moved to enact Ordinance 96-54.

Land Use Planning Committee - Assembly Member Merkes stated that committee recommended for the enactment of Ordinance 96-54.


Kenai Peninsula Borough Assembly Minutes January 21, 1997 Volume 38, Page 391



Ordinance 97-02: An Ordinance Appropriating Funds Towards Designing and Rebuilding the Ninilchik ElementarylHigh School (Mayor)

MOTION: Home moved to enact Ordinance 97-02.

Land Use Planning Committee - Assembly Member Merkes stated that the committee recommended for the enactment of Ordinance 97-02 as amended.

MOTION: Merkes moved to amend Ordinance 97-02, Section 1 to read: "...Ninilchik ElementarylHigh School reconstruction project account for the architect site ~ visit for first story construction."

Finance Committee - Assembly Member Scalzi stated that the committee recommended * the enactment of Ordinance 97-02.

Vice President Drathman called for public comment.

John McCombs, Ninilchik, stated that he has two children who attend school in Ninilchik. He supports the idea of a second story on the school. He would like to see a cost comparison from the cost ofa first story vs. a second story addition. Mr. McCombs further advised the assembly of the steady growth rate of the Ninilchik area.

Paul Kubena, Principal to the Ninilchik School, gave a report on the how the school fire has affected the students. He stated that his school/lif'one ofthe oldest buildings on the peninsula. Mr. Kubena advised that his school has experienced an approximate 45% growth during the past four years. He further urged the assembly to support Ordinance 97-02.

Virginia Cuffe, Ninilchik, employee at the Ninilchik School, commented on the need for more space. She urged the assembly to approve the second story for the school.

Zack Kvasnikoff, Ninilchik, student body president and student site base representative, stated that he as attended school in Ninilchik for the past eleven years. He reported that the school was very crowded and encouraged the assembly to approve the second story for his school.

Wayne Kvasnikoff, Ninilchik, stated that he was one ofthe five original families w'i'ikli'moved to Ninilchik. He felt that Ninilchik was a great place to raise children and the education system was also very good. Mr. Kvasnikoffreported that the Ninilchik area has always seen little improvement corne their way. He further advised that he was one of the volunteer firemen who worked on the school fire. He urged the assembly to approve the ordinance.

Assembly Minutes Kenai Peninsula Borough Vol. 38, Page 392 January 21, 1997

Richard Bartolowits, Clam Gulch, stated that he was a fonner student and now a teacher at 1he Ninilchik school. The classrooms that were destroyed by the fire were the same classrooms he attended. He noted that the only c:hanges those classrooms have seen was enrollment. They Wl~re designed to hold 10-15 students, but they are accommodating 21. He urged the assembly to pass 1he ordinance.

Mike Chihuly, Ninilchik, supported the need for additional funds to construct a second story. He felt that, at the present time, it seemed to be a fiscal time to construct the additional space.

Shirley Chihuly, Ninilchik. stated that she has worked at the school for the past fourteen years. She has three children who are enrolled in the school. She also supported the need for a second story addition.

Ron Records, Ninilchik, stated that he was an 1980 graduate from Ninilchik School. He felt that due to the growth of the area, this would be the proper time to construct a new school. Mr. Records stated, as a tax payer, whatever construction was to take place, the future should be taken inlto consideration.

Nadine Russo, Ninilchik, stated that she was very proud of the turnout from the citizens from Ninilchik. She reported that there were five fonner students, who are now certified teachers, that have returned to teach at Ninilchik.

Elmer Schaetzle, Ninilchik, reminded the assembly that it was classrooms that were being requested, not resurfacing ofthe track, a pool or new gym, it was a very simple request\ He urged the assembly to pass the ordinance.

Mr. Schaetzle was questioned, if a second story was added, would there be ample parking spac~~. He stated that two portables could be removed, thus allowing for additional parking.

Jamie Leman, Ninilchik, stated that she was a fourth generation of Ninilchikan and has taught at the school for the past sixteen years. She reiterated that the school does not have enough space to provide for student's needs..

Penny Vadla, Ninilchik, reported that the students ofNinilchik are good studen1:s~_£lle~has_taught at the school for the past twenty years. Ms. Vadla felt that the students have been\~!!!Qromis~d:due to the lack of space. She felt that it would be fiscally appropriate, timely and cost effective to add the additional second story. Ms. Vadla invited the assembly to attend her class to witness the lack of space.

Jan StrUbe, Ninilchik, stated that his daughter was the senior class president. He requested the: assembly to build a second story in order keep up with the growth the school was experiencing. Mr. Strube felt that this was a golden opportunity to provide the space that the school needs. He urgedl the assembly to pass Ordinance 97-02.


John Kistler, K-Beach, stated that he attend school in Ninilchik in 1968 -1969. He too felt there was a need for a second story addition. Mr. Kistler was concerned that there would not be sufficient time to construct a second story to the already existing school.

There being no one else who wished to speak, Vice President Drathman closed the public comment period.



NEW BUSINESS:

.Rw!lution 97-003: Authorizing The Expenditure of Central Kenai Peninsula Ho':', ,aI Service Area Funds for The Purpose ofAnalyzing Various Options For the \",ontinued Operation of the Hospital (Mayor)

MOTION: Scalzi moved to adopt Resolution 97-003.

Mayor Navarre stated that the resolution provides access to funds that have been previously set aside. He did not feel the hospital board, administration nor the assembly had the expertise to adequately, either assess the evaluation or to evaluate proposals. He stated that the hospital provides a large economic impact on the comr ''1ity; with a $25 million annual budget, $10 million payroll employing 300 people. Jlte ;'-.yor advised, that if proposals from entities such as Columbia Regional Hospital are tQ' considered, a consultant should be hired in order to keep the borough on a level playing field. But, if the decision was to renew the existing contract it would not be necessary. The Mayor further stated that he fully intended to work with the assembly regarding th~se issues.

Finance Committee - Assembly Member Scalzi stated that the committee discussed the procedures ofhiring a consultant. It was felt that $50,000 was too high ofa figure' pay for an consultant, but suggested $25,000. Mr. Scazli stated that the assembly, especially those members representt~the cen~ pe~ula, should be involved in the hiring of" consultant. They should als~-~eiin the dIrectIOn they want the consultant to take. --I

A lengthy discussion took place regarding the need for hiring a consultant, and ifone was hired, their expertise would have to be carefully considered.

Vice President Drathman passed the gavel to Assembly Member Scalzi. He stated that his primary concern was that there was a lack ofcommunication between the hospital board and the assembly. Mr. Drathman stated that the assembly me: ;ith the hoslJital only 0: e a year. This was an issue he felt the consultant should also look int..:; m order tC' ~

l i ~ '. \ I '

Assembly Member Popp advised tha~public was becoming involved by holding a public forum on February 7. He stated that the Editor & Chiefofthe New England Journal of Medicine was planning to attend the forum and requested to appear telephonically at the February 4 meeting ofthe assembly.


John Kistler, K-Beach, questioned the assembly if former borough attorney, Tom Boedeker was contacted to assist with the hospital's future. H~J~Jt:!her suggested that a consultant should be hired to assist the assembly, because it was their\r~:pons~1for making decisions regarding the hospital

Barbara Waters, Kenai, stated that jf~(consultantwas hired, he/she needs to investigate rtte how would-wililocal business peopl~ t>taffected by changes made to the hospital. ' Vice President Drathman called for public comment.

There being no one else who wished to speak, Vice President Dratlunan closed the public comment period.

Mayor Navarre stated that he did not want the consultant to provide just a report, but to attend all meetings to provide advice and ask questions during the bargaining period. He also thought that more than one consultant may net~d to be hired in order to properly assist and advise the borough.

MOTION: Scalzi moved to amend Resolution 97-003 by adding a new Section 2 to read: "That three assembly members be appointed in assisting the Mayor and defining the criteria, giving direction to the consultant as referenced in Section 1." Then to be renumberl~d accordingly.

Assembly Member Scalzi spoke to his motion. He stated that the amendment was to formally bridge a tie with the assembly and the administration. He felt that it was the duty of th(~ assembly to be an active participant with the consultant.

Discussion took place regarding the assembly's involvement with the administration regarding working with the consultant.

The Mayor assured the assembly that anytime the consultant was scheduled to meet wilh administration, the assembly would! be advised.

VOTE ON MOTION TO AMEND: Yes: Wiley, Scalzi, Home No: Navarre, Wiley, Bagley, Popp, Drathman

MOTION FAILED: 3 Yes, 5 No


VOTE ON MOTION TO ADOPT:


Ordinance 97-04: Amending KPB 17.10 Adding a New Classification for Borough-owned Lands to Recognize Historical Sites (Merkes) (Hearing 2/18/97)

MOTION: Scalzi moved to introduce Ordinance 97-04.


John Kistler, K-Beach Road, suggested that a spelling correction be made and then he would support the ordinance.


It was questioned how would the "historical" classification impact Ed Martin in the Cooper Landing area. The Mayor stated that it would be up to the individual when they submitted a parcel of land for classification.

It was reported that Lisa Parker, Planning Director, advised the Land Use Planning Committee that the Hope Library was an example ofa building that would fall under the "historical" classification. It was further stated that several buildings on the peninsula would qualify for this classification and should be preserved accordingly.

MOTION: Navarre moved to change hearing date of Ordinance 97-004 to March 4 for the planning commission to further discuss the additional classification.

VOTE ON MOTION TO CHANGE HEARING DATE:


Vice President Drathman passed the gavel to Assembly Member Scalzi. He stated that he was concerned how historical sites would be determined.

Assembly Member Scalzi passed the gavel to Vice President Drathman.

VOTE ON MOTION TO INTRODUCE:


Assembly Minutes Kenai Peninsula Borough Vol. 38, Page 396 January 21, 1997

A Ordinance 97-07: Ap,propriating $4~477.00 From the FY 97 911 Communications Capita.~ Projects Fund Balance to the Communications Center 911 for the Purchase, Construction and Installation of Equipment at the Alternate 911 Site at Soldotna Police Dept. (Mayor)

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Barbara Waters, Kenai, spoke regarding the hiring ofa consultant to the hospital. She complained regarding obtaining public information from the Clerk's Office.


MAYOR'S REPORT

The Mayor signed the following agreements and contracts:

• Approval of sole source contract with Superstructures, Inc, for reconstruction of Kenai Transfer Station.

• Approval of sole source contract for purchase of data replicating sofu\are package from Attachmate Corporation.

The Mayor submitted the following reports:

• Budget Revisions - December 1996; and Revenue Expenditure Report dated January 3, 1997. • Quarterly (12/31/96) Investment Portfolio Report. • Quarterly report on Kenai River Center. • Quarterly Litigation Report.

The Mayor advised that he attended a meeting with Department ofTransportation to go over STIP plan:~e State's Needs List adding in some of the roads that the Assembly has prioritized in their Legislative Agenda and other community projects that have been suggested to us in an effort to get them on the List. The Mayor met with Bob Bradock from Alyeska Alloys for a briefmg on the proposal Alyeska Alloys was makim: to ADA concerning requests and concessions regarding the dock facility. There w ","., informal dIscussion regarding the availability of possible tax breaks for such a construction prVj .:ct.

ANNOUNCEMENTS

• February 4, 1997 7:30 p.m. - Regularly scheduled Assembly Meeting in the Borough Assembly Chambers

• February 5, 1997 10:00 a.m. - Meeting with hospital board, administration.

ASSEMBLY COMMENTS

Assembly Member Navarre - requested that President Brown be advised regarding the agenda of the hospital meeting and the hiring of the consultant. He congratulated both Dick and Shirley Morgan for their Pioneer Award and Judge Cranston for his Log Cabin Award.

Assembly Minutes Kenai Peninsula Borough Vol. 38, Page 398 January 21,1997

Assembly Member Wiley - congratulated the Seward Polar Jump off participants. He reque:;ted that communication between Administration and the Clerk's Office try to be improved. He thanked the Ninilchik residents for their participation at tonight's meeting regarding the Ninilchik school.

Assembly Member Scalzi - thanked the Ninilchik residents for their participation at tonight's meeting regarding the Ninilchik school. He announced, that in addition to the work session for the material site working group scheduled on February Iff', that another meeting was scheduled at the Borough Building for Monday, J,muary 27, from 5:30 pm to 7:00 pm in Conference Rooms A & B. He advised that the International Halibut has a Home Page on the Internet.

Assembly Member Horne - stat,ed that she was proud of the Ninilchik citizens for coming and supporting the needs for the Ninilchik school construction. Ms. Home requested that all support 1he upcoming basketball games throughout the peninsula.

Assembly Member Drathman - also complimented the Ninilchik citizens for the attendance.

With no further business to come before the assembly, Vice President Drathman adjourned the meeting at 10:28 p.m.

Date Approved

Jack E. Brown, Assembly President ArrEST:

Gaye J. Vaughan, Borough Clerk


This page has been intentionally left blank.

Assembly Minutes Kenai Peninsula Borough Vol. 38, Page 400 January 2], ]997

Introduced by: Drathman Date: 10/29/96 Hearing: 12/17196 Postponed: 2/04/97 Postponed: 2/]8/97

Hearing: 3/04/97 Action: Vote:

KENAI PENINSULA BOROUGH ORDINANCE 96-47

AN ORDINANCE AMENDING THE TAX CODE TO CREATE A $50,000 PERSONAL PROPERTY TAX EXEMPTION AND ESTABLISlllNf:; A FLAT TAX FOR MOTOR VEIllCLES

WHEREAS, the current personal property tax system is burdensome to taxpayers while the majority of returns provide limited benefit to the borough; and

WHEREAS, the top twenty personal property tax payers pay approximately forty-three percent of all property taxes collected by the borough; and

WHEREAS, exempting the first $50,000 of personal property other than motor vehicles from property taxes would reduce taxable assessed values by approximately $118,372,794; and

WHEREAS, approximately 63,816 motor vehicles are presently registered to owners residing in the Kenai Peninsula Borough; and

WHEREAS, Alaska Statute 28.l0.431(a) and (b) provide for mwiicipalities to receive taxes collected by the state upon registration of motor vehicles through a fee schedule included in the statute; and

WHEREAS, motor vehicles in the Kenai Peninsula Borough are assessed taxes upon registration as provided by AS 28.10.431 and pursuant to KPB Ordinance 5.12.245; and

WHEREAS, Alaska Statute 28.10.431 was recently amended to enable municipalities to increase or decrease such taxes collected by the state by passing an appropriate ordinance, and that any such change shall become effective by filing written notice with the state by January 1 of the year preceding the year in which the change is to take effect; and

WHEREAS, revenues lost by creating a $50,000 exemption for personal property could b{: recovered by imposing a flat tax on motor vehicles as allowed by the amended AS 28.10.431; and

Kenai Peninsula Borough, Alaska Ordinance 96-47 Page I on

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WHEREAS, the assembly finds that collecting a larger share of personal property taxes through the motor vehicle taxes may simplify personal property tax reporting and collection; and

WHEREAS, Alaska statutes were also recently amended to require municipal taxes on motor vehicles to be collected biennially;

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. That KPB 5.12.125 is enacted to read as follows:

5.12.125 Personal property tax - Exemptions - First 550,000.00. In addition to other exemptions required or allowed by law, the first $50,000 of assessed valuation of personal property, other than motor vehicles, owned by each taxpayer shall be exempt from the borough L' . levy on personal property within the borough. For taxpayers with more than one personal ;1erty tax account ",;1e exemption shall be distributed pro rata amongst all of the taxpayer' ~ ,~counts based on me proportion of the assessed value in each account to the total assessed value of that taxpayer's personal property.

SECTION 2. That 5.12.245 is amended to read as follows:

5.12.245. Personal property tax - Annual motor vehicle registration tax - Levy Distribution.

A. There is levied a[n annual] biennial motor vehicle registration tax within the borough pursuant to the provisions of AS 28.10,431 and as such statute may be hereafter amended, revised or replaced. accordin~ to the followin~ schedule:

MotorVt: l~ ill ~. rcycle" ..." ".".." .."." ..".""""."""."""".""'"''''''''''""".".. :."""".""""".: $ 60.00 ill NW4\(omroercial passen~er vehicles or motor homes

as defined in AS 28.10.421 (b)(1 )"""".""""""""".""."""""""""""""""""". $ 60.00 ill Vehicles specified in AS 28.1 0,421 (b)(3) (i.e. Taxicabs)"""""""""""""""",,$ 60.00 ill Commercial vehicles defined in AS 28.1O,42Hc)(l)-(4):

5.000 pounds or less.""""""" .."".""".""".."."" """ ".".""".." .." " $348.20 5.001-12.000 poundS..""""""""""""".""""""""""..". ',,' ,"""""""""'" """.$ 348.20 12.',)01-18.000 pounds"""",,,,,.,,,,,,.,,,,,,,,.,,,,,,,,,,,,.,,,, ... ,,. , ," ."""""....".", .". $ 348.20

18.001 pounds Qr oyer""""."""""""""."""""""""""""""..""""""."""""" $ 348.20 ill Motor Bus with a seatin~ capacity for 20 or more persons. used

only for commercial purposes, as defined in AS 28.10.421(b)(4"".""""""",,$ 200.00 (Q). Non-commercial trailers as defined in AS 28.10,421(b)(fl)""".".""",,,,,,,.,,,, $ 40.00 ill Amateur Mobile Radio Station as defined in AS 28.10. 1(d)(8)""""".""",,$ 60.00 00 Non-commercial pickup trucks or yans not exceedin~ ( ,)0 poundS

unladen wei~ht as defmed in AS 28.10,421(b)(2)""""""""."""""""""""""".$ 60.00

Ordinance 96-47 Kenai Peninsula Borough. Alaska Page 2 of3

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!2l Vehicles eli2ible for dealer plates under AS 28.1Q.421(d)(9).."""""".... """"",,$ 60.00

B. Money received by thf: borough under this section and AS 28.10.4.3, and as such statute may be hereafter amended, revised or replaced, shall be allocated by the borough for city, borough, and service areas using the same method as taxes are distributed, except that population shall be the basis rather than assessed value. The method is as follows:

1. The population ofeach tax code area (TCA)] shall be determined. Population shall be established by the latest figures determined by the Kenai Peninsula Borough. and accepted by the State of Alaska Department of Community and Regional Affairs for allocation of state revelnue sharing funds, or other reliable data. Where a TCA boundary and the boundary of the most similar area counted for population (usually a voting precinct) do not coincide, an estimate ofthe population of the dissimilar area shall be made to arrive at the most accurate detennination ofpopulation of the TCA. The sum of the populations of all TCA's shall equal the total population of the borough.

2. The total receipts shall be apportioned to each TCA based upon its percentage oi'the total borough population.

3. The receipts apportioned to a particular TCA shall be distributed to the taxing jurisdiction areas (fJA's) which make up that TCA. Such distribution shall be based upon the mill rates of the TJA's compared to the total mill rate of the TCA. The percentage shall be equal to the TJA mill rate divided by the total :mill rate for the TCA.

C. One motor vehicle per household owned by a resident 65 years ofage or older on January 1st ofthe assessment year is exempt from the registration tax under AS 28.10.431. An exemption may be granted under this subsection only upon written application on a form prescribed by the department of public safety.

SECTION 3. That pursuant to AS 28.1Q.431(i) the administration shall file a v..,ritten notice ofthis change in the scheduled amount of tax on motor vehicles with the Alaska Department of Public Safety prior to January 1, 1997.

SECTION 4. That Sections 1 and.2 ofthis ordinance shall take effect January 1" 1998, and Section 3 shall take effect immediately upon enactment of this ·ordinance.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH TIDS DAY OF , 1996.

Jack Brown, Assembly President ATTEST:


Kenai Peninsula Borough, Alaska Ordinance 96-47 Page 3 of3

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MEMORANDUM KENAI PENINSULA BOROUGH

144 N. Binkley Street Phone: (907) 262-8609 Soldotna, AK 99669 FAX: (907) 262-8686

TO: Andrew P. Scalzi, Assembly President Kenai Peninsula Borough Assembly members

FROM: Ron Drathman, Assembly member

DATE: October 17, 1996

SUBJ: Ordinance 96-XX, Amending the Personal Property Tax Code

Most complaints I receive from constituents concern the borough's personal property tax scheme. People believe it is inequitable and that it requires too much paperwork for such a small amount of taxes.

This ordinance attempts to more fairly distribute the personal property tax burden, and to make reporting and collection simpler. It exempts from personal property taxes the fIrst $50,000 assessed value of each owner's personal property other than motor vehicles, and slightly increases taxes on motor vehicles to offset the lost tax revenues. By eliminating personal property tax payments from about 7,375 of the existing 8,439 personal property tax accounts, the $50,000 exemption would signifIcantly reduce the required paperwork for reporting and collection of personal property taxes. The proposed motor vehicle tax is a flat tax based on the type of vehicle, as set out in the ordinance, and is calculated to approximately offset the revenues lost due to the $50,000 exemption. It would be collected biennially by the state with motor vehicle registration fees.

Nothing in the ordinance would affect the cities' ability to create a similar exemption from city personal property taxes.

By exempting the fIrst $50,000 in personal property taxes this ordinance would encourage small businesses to operate in the borough. For example, the following chart shows the number of boats and aircraft presently taxed in the borough that would be exempted:

# Now In Borou~h #Exempted From Tax If $50,000 Exempted Aircraft 601 515 Pleasure boats 4,005 3,873 Comm'l boats 1,906 1,610

Also, owners of personal property worth more than $50,000 would still benefIt by the $50,000 reduction in taxed assessed value.

4

Introduced by: Mayor Date: 1/21/97 Hearing: 2/18/97 Action: Vote:

Kl~NAI PENINSULA BOROUGH ORDINANCE 97-05

AN ORDINANCE APPROPRIATING FUNDS TOWARDS THE REBUILDING OF THE

NINILCHIK ELEMENTARYIHIGH SCHOOL

WHEREAS, Emergency Ordimmce 97-03 appropriated funds for costs associated with the iI1~tial emergency resulting from the November 1996 fire at the Ninilchik School; and

WHEREAS, appropriation of funds is needed for the permanent reconstruction of the facility, and other costs which will take place beyond effect of the Emergency Ordinance; and

WHEREAS, a cost estimate of 2.74 million dollars, including funds for a 15% contingency and related activities, has been established to construct a single story wing with the inclusion of sprinkling and electrical upgrades for the entire school;


SECTION 1. That $2,740,000 is transferred from the Insurance and Litigation Fund imd reappropriated to the Nmilchik: School Project Account, for reconstruction purposes.

SECTION 2. That this ordinance shall take effect immediately upon'its enactment.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS DAY OF ,1997.

Jack E. Brown, Assembly President ATTEST:

Gaye 1. Vaughan, Borough Clerk

Kenai Peninsula Borough, Alaska Ordinance 97..05 Page 1 of 1

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KENAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA • 99669·7599 BUSINESS (907) 262-4441 FAX (907)262-1892

MIKE NAVARRE MAYOR

MEMORANDUM

To: Kenai Peninsula Borough Assembly Members

Through: Jack Brown, Assembly President

Through: ~r. Mike Navarre, Borough Mayor From: PW/Major Projects Div., Walter L. Robson /1'-'- :'.'

Date: January 9, 1997

SUBJECT: NINICHIK ELEM./H.S. SCHOOL RECONSTRUCTION COST APPROPRIATION

The accompanying ordinance, recommends appropriation of funds from the Insurance and Litigation Fund to allow the ultimate bidding and award of the elementary wing reconstruction work.

The firm of Estimators Inc., have provided the Schematic Phase estimate on a line item basis. The estimated cost of $2,740,000 would cover costs for wing reconstruction, including electrical and sprinkling of the older portions, project administration, quality control and utility and permitting.

Design drawings al"E"'eing completed with expectation that bid documents availability would be advertised 0.1 February 3, 1997, allowing a Bid date of February 28, 1997 and subseque· bid award on March 4, 1997 via lay..(fown. This foreshortened schedule is proposed . order to allow a substantial complet ;n date of August 20, 1997.

Costs for temporary demolition, asbestos abatement, additional- cleaning, etc. have been included in Ordinance 97~3. Costs for design services have been accounted for in Ordinance 97~2. .

6

Introduced by: Mayor Date: 1121/97 Hearing: 211:8/97 Action: Vote:


AN ORDINANCE EXTENDING THE TIME PERIOD FOR THE SUBMITTAl.. OF THE CCRC TASK FORCE REPORT AND THE

TEMPORARY SUSPENSION OF CCRC PERMITS

WHEREAS, on May 21, 1996, the assembly of the Kenai Peninsula Borough enacted Ordinunce 96-14, enacting KllB Chapter 21.13 which established land use pennit requirements for correctional community residential centers ("CCRC"); and

WHEREAS, Ordinance 96-33 adopted on August 20, 1996, established a task force to evaluate areas within the rural district of the borough most appropriate for CCRC placement and least subject to land-use conflict; and

WHEREAS, the CCRC task force was required to submit a report to the borough assembly with recommendations within six months of its creation; and

WHEREAS, it is desirable to temporarily preserve the status quo while conducting further research in this area to minimize future land use conflicts; and

WHEREAS, a temporary suspension ofCCRC permits will allow the borough time to develop lmd consider amendments to Chapter 21.13; and

WHEREAS, the task force creat(:d pursuant to Ordinance 96-33 needs additional time to formulate its recommendations; and

WHEREAS, an extension oftime: for the completion of the task force's recommendations requires a commensurate extension of time to allow for public hearings and full and Hur consideration of the task force recommendations by the planning commission ailld assembly; and

WHEREAS, the time extension is necessary to aid full and fair consideration of important land lise issues and to help resolve potential land use conflicts within the borough consisttlnt with the intent of the borough's comprehensive plan, Section 5.5; and

WHEREAS, at its January 7, 1997 meeting, the assembly approved by motion an extension of time until March 19, 1997, for the task force to provide its report, but the task force needs until April 8, 1997, to provide such a report; and

Kenai Peninsula Borough, Alaska Ordinance 97-[)6 Page 101[2

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MEMORANDUM KENAI PENINSULA BOROUGH LEGAL DEPARTMENT 144 N. Binkley Street Tel: (907) 262-8609 Soldotna, AK 99669 Fax: (907) 262-8686

TO: Jack E. Brown, Assembly President Members of the Kenai Peninsula Borough Assembly

THRU: ,#Mike Navarre, Mayor

FROM: 4J1Colette G. Thompson, Borough Attorney

DATE: January 9, 1997

SUBJECT: Ordinance 97- 010, Deadline for the CCRC Task Force Report and Temporary Suspension of CCRC Pennits.

The accompanying ordinance would extend the deadline, until April 8, 1997, for the CCRC Task Force to deliver a written report of its fmdings to the assembly and administration. Additionally, the moratorium on pennits for CCRC's would be extended until June 30, 1997, in order to provide adequate time for the task force report to be reviewed and legislation adopted if appropriate. This additional time is requested pursuant to the request made by the taskJorce chair, Wayne Floyd, at the January 7, 1997, assembly meeting.

CGT:bal

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Introduced by: Mllyor Date: 1121/97 Hearing: 21U'J97 Action: Vote:

Kll:NAI PENINSULA BOROUGH ORDINANCE 97-07

AN ORDINANCE APPROPRIATING 542,477.00 FROM THE FY 97 911 COMMUNICATIONS CAPITAL PROJECTS FUND BALANCE TO THE

COMMUNICATIONS CENTER 911 FOR THE PURCHASE, CONSTRUCTION AND INSTALLATION OF I:QUIPMENT AT THE ALTERNATE 91l SITE AT

SOL])OTNA POLICE DEPARTMENT

WHEREAS, the Kenai Penillisula Borough has entered into an agreement with the City of Soldotna to design, procure and install a new Enhanced 911 system at the Alaska State TroopersFacility~ and, to relocate and install the existing Enhanced 911 system now located at the State Troopers to the Soldotna. Police Department Building~ and

WHEREAS, the borough waiv,ed $210,000.00 in dispatching fees otherwise owed by the City of Soldotna to fund this project, of which the City of Soldotna planned to expcmd $51,408.00 for de:sign and constructjon to accommodate this use, and to contriblJte $158,592.00 for ,equipment; and

WHEREAS, the City ofSoldotna expended $38,931.00 for design and construction and has now transferred the remaining $12,477.00 to the Kenai Peninsula Borough for use at 1the Alternate 911 sitl~; and

WHEREAS, $30,000.00 was transferred to the Capital Projects fund in FY 96 from FY 95/96 OEM and 911 operating budgets; and

WHEREAS, the 911 Advisory Board unanimously moved to proceed with Phase I of the Alternate 911 sit(: project~ and

WHEREAS, the total cost to purchase and install new equipment at the Alaska State Troopc~rs and install old equipment at the Soldotna Police Department will exceed the $158,592.00 payment received from the City of Soldotna; and

WHEREAS, $42,477.00 is available in the 911 Communication Capital Prqjects fund balancl~;

Kenai Peninsula Borough, Alaska Ordinance 97..m Page I on

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SECTION 1. That $42,477.00 is appropriated from the 911 Communications Capital Projects fund balance to the 911 Communications Center Acct. No. 455-531010-49999 for the above-described alternate 911 project.

SECTION 2. That the mayor is authorized to execute all documents deemed necessary to complete this project in accordance with this ordinance.

SECTION 3. That this ordinance takes effect immediately upon enactment.

ENACTED BY THE ASSE1\tBLY OF THE KENAI PENINSULA BOROUGH THIS __ __ DAY OF ,1997.

Jack E. Brown, Assembly Presi ':nt

ATTEST:

Gaye 1. Vaughan, Borough Clerk

Ordinance 97'{)7 Kenai Peninsula Borough, Alaska Page 2 of2

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KENAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA ·99669-7599 BUSINESS (907) 262·4441 FAX (907)262-1892

MIKE NAVARRE MEMORANDUM MAYOR

TO: Jack Brown, Assembly President Kenai Peninsula Borough Assembly Members

THRU: rtf Mike Navarre, Borough Mayor FROM: ~~y M. Blaedorn

V /W~~~~gency Management Coordinator

DATE: December 19,1996

RE: Ordinance 97- ; Appropriating Funds for the Alternate 911 Site at the Soldotna Police Department

The City of Soldotna and the Kensli Peninsula Borough entered into an Agreement dated August 23, 1994 which provided that the Borough would waive police dispatching fees for three years. In exchange, the City pledged to expend up to $210,000 to design, construct and equip an alternate communications and emergency operations center in Soldotna's new police building. The City expended or encumbered $52,408 for design and construction at the new police bUilding ito accommodate this use, leaving $158,592 for equipment.

The 911 Advisory Board decided to install the new E·911 equip!Tlent at the Alaska Sta1te Trooper's Facility and relocate the older E-911 equipment to the Soldotna Police Facility. Since the City had no expertise in E-911 systems and the Borough is the ultimate user of the 911 equipment, it would be mutually advantageous for the Borough to assume the lead role for the design, procurement and installation of the E-911 equipment. The Borough received a $158,592 payment from the City of Soldotna for this purpose.

The City of Soldotna retained $12,477 as a contingency for additional physical modifications to accommodate the Alternate E-911 Communications Center. Since no additional physical modifications were made to the Soldotna Police Building, the City gave the remaining $12,477 to the Borough to be used for the alternate site.

Because the cost of the E-911 Alternate site will exceed the $158,592, $30,000 was transferred to Capital Projects from the OEM and 911 FY 96 Budget. We are asking that these funds bt3 transferred from Capital Projects to Alternate 911 to be used to complete Phase I of this project.

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Introduced Popp, Navarre Date: 2/18/97 Action:

Vote:

IG:NAI PENINSULA BOROUGH RESOLUTION 97-007

A RESOLUTION SUPPORTING FULL OPERATIONS AND FUNDING FOR THE ALASKA RESCUE & FIREFIGHTING TRAINING (ARFF)

J»ROJECT IN THE CITY OF KENAI

WHEREAS, the Alaska Regional Aircraft Rescue and Firefighting Training Center (ARFF) in Kenai will provide: specialized aircraft fIre training for the State of Alaska, Pacific Northwest, Canada, Russia and other neighboring countries within the Pacific Rim. FAA requires each firefighter participate in ARFF training annually and the facillity could also be utilized by the Kenai Peninsula Borough's Emergency Manageme:nt; and

WHEREAS, the facility is designed to create a realistic training environment with up to 12 different types ofaircraft fIres in multiple configurations. These include wing, tail, engine running and idling, wheel, brake with blowout and a 3-dimensional fuel spill, an auxiliary power unit, a baggage compartment with flash over, and electronics bay, a cargo area, a cockpit, a galley, a passenger compartment with flash over, and a lavatory trash rece:ptacle fire. It is designed to utilize propane which contains virtually no unburnl~d fuel or volatile organic chemicals, eliminating environmental impact; and

WHEREAS, the City of Kenai, Kenai Peninsula Borough, and State.of Alaska will economically benefIt by ARFF. Local and foreign students will utilize local motels, restaurants, transportation, and other services, and the facility will be available to all the state owned airports; and

WHEREAS, ARFF has received support from Senators Stevens and Murkowski, Congressman Young, Governor Knowles, Senate President Drue Pearce, Senator John Torgerson, Speaker of the House Gail Phillips, DOT Commissioner Joseph Perkins, Borough Mayor Mike Navarre, ERA Aviation, British Petroleum, Federal Aviation Administration, KF'B Economic Development District, Inc., as well as numerollls local businesses; and

WHEREAS, the Kenai Peninsula Borough fmds the City of Kenai's endeavors with the ARFF Project economically sound and equitable.

Kenai Peninsula Borough, Alaska Resolution 96Page I of

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NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. The Kenai Peninsula Borough supports full operations and funding for the ARFF Project located on Marathon Road within the City ofKenai.

SECTION 2. That copies ofthis resolution will be sent to Governor Tony Knowles, Speaker ofthe House Gail Phillips, Senators John Torgerson, Jerry Ward and Georgianna Lincoln, Representatives Gary Davis, Mark Hodgins and Irene Nicholia.

SECTION 3. That this resolution shall take effect immediately upon its adoption.

ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH TIDS DAY OF , 1997.

Jack Brown, Assembly President

ATTEST:


Resolution 9c' Kenai Peninsula Borough, Alaska Page 2 of

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Introduced by: Mayor Date: 11/12/96 Hearing: 12117/96 Postponed to: 1/21/97 Postponed to: 2/04/97 Amended: 2/04/97 Reconsideration noticed: 2/04/97 Postponed: 3/04/97 Action: Vote:


AN ORDINANCE AUTHORIZING THE SALE OF APPROXIMATELY 1.08 ACRES OF BOROUGH LAND LOCATED ON KALIFORNSKY BEACH ROAD TO ED AND

TERRIE ZEHRUNG

WHEREAS, pursuant to KPB 17.10.100 (I) an application has been received from Ed and Teni.e Zehrung to purchase approximately 1.08 acres of borough land located on Kalifomsky Beach Road at market value; and

WHEREAS, the borough has received State Patent No. 1137 to the subject land; and

WHEREAS, subject borough land is classified Residential; and

WHEREAS, the land is deposited in the land bank; and

WHEREAS, the fair market value of the subject property, subject to the Residential land use classification is presently estimated at $34,000; and

WHEREAS, the KPB Planning Commission at its regularly scheduled meeting of October 14,1996, recommended enactment of the ordinance authorizing the sale by unanimous consent;


SECTION 1. That the Assembly finds that selling approximately 1.08 acres of borough land located on Kalifomsky Beach Road at market value is in the best interest of th,e public and the Borough. This finding is based on the following facts: a. The borough will receive income from the sale of this land. b. The borough will receive property taxes from this property. c. Ed and Terrie Zehrung have initiated the actions necessary to make thl~

subject borough land productive.

Kenai Peninsula Borough, Alaska Ordinance 96-52 Page I of2

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d. Ed and Terrie Zehrung as the adjacent owners are the reasonable buyers.

SECTION 2. That the mayor is authorized, pursuant to KPB 17.10.100 (J' Negotiated Sale or Lease, to negotiate the sale ofthe following described land to b"" and Terry Zehrung subject to the sale conditions required by this ordinance and the applicable consistent provisions ofKPB 17.10. The sales price shall be [$34,000] $15,800 cash. [The sale shall be further subject to the terms and conditions contained in Attachment A, EARNEST MONEY CONTRACT FOR SALE OF REAL PROPERTY.] The authorization is for negotiation solely with Ed and Terrie Zehrung or their heirs, and they may not assign any rights to negotiate or enter an agreement for sale to any other person.

Kalbea Subdivision Sea Watch Addition; a resubdivision ofTract 2B, :bea Subdivision No.2 and the north-half of the pr~'Xlsed vacation

Moose Turd Avenue Road right-of-way. containing a 1,)ximately 1.08 acres.

SECTION 3. That thf: mayor is authorized to sign any documents necessary to effectuate the ordinance.

SECTION 4. That this ordinance shall take effect immediately upon its enactment.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH TIDS __ DAY OF , 1997.

Jack Brown, Assembly President

ATTEST:


Ordinance 96-52 Kenai Peninsula Borough, Alaska Page 2 of2

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KENAI PENINSULA BOROUGH 144 N. BINKLEY' SOLDOTNA, ALASKA' 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892

MIKE NAVARRE MAYOR

MEMORANDUM

TO: Andrew P. Scalzi, Assembly President Kenai Peninsula Borough Assembly Members

THRU: -rI-;1 Mike Navarre, Borough Mayor THR~sa M. Pmer, Planning Directnr

FROM: ~ Max J. Best, Borough Surveyor

DATE: October 23, 1996

SUBJECT: An Ordinance Authorizing the Sale of Approximately 1.08 Acres ofBorough umd Located on Kalifomsky Beach Road to Ed and Terrie Zehrung

The applicants are Ed and Terrie Z,ehrung, 4220 Pinnacle, Anchorage, Alaska. Applicants desire: to purchase land at fair market value as the adjacent owners.

The land to be sold is described as the preliminary plat ofKalbea Subdivision Sea Watch Addition; a resubdivision of Tract 2B, KalbE:8 Subdivision No.2 and the north-halfofthe proposed vacatiion ofMoose Turd Avenue Road right-of-way, containing approximately 1.08 acres.

KPB has fee simple title by State ofAlaska Patent No. 1137. The parcel is classified residential.

A notice was sent by regular mail to all owners and/or leaseholders of record within a radius of 1/2 mile of the land to be sold. The notice consisted of a cover letter and map. To date no public comment has been received.

The subject parcel is undeveloped IlLnd fronts Kalifomsky Beach Road and Cook Inlet. Current land use for the surrounding area includes both residential and commercial. The applicants submitted an application to vacate Moose Turd Avenue and the underlying section line easement, which is adjacent to the southerly boundary cfTract 2-B. Applicants submitted a petition to classify Tract 2B as residential. At its June 10, 1996 meeting the Planning Commission recommended adoption of Resolution 96-063, which classified Tract 2B as residential.

The applicants have also contracted with McLane Consulting Group for preparation ofa subdivision plat to resubdivide Tract 2B Kalbea Subdivision No.2, Lot 1 Seawatch Estates Subdivision, and

16

Andrew P. Scalzi, Assembly President Kenai Peninsula Borough Assembly Members October 22, 1996 Page 2

vacate Moose Turd Avenue. At the June 10, 1996 meeting the Planning Commission approved the vacation ofMoose Turd Avenue. Prior to the vacation ofMoose Turd Avenue the portion ofTract 2B, Kalbea Subdivision No.2, lying south ofthe creek/drainage swale was an unusable remnant of the larger parcel due to size and configuration. Moose Turd Avenue served no useful purpose. By vacating Moose Turd Avenue and replatting the Borough parcel the applicants will have taken the necessary actions to make the subject Borough land useable.

KPB Assessing Department prepared an abbreviated narrative appraisal dated August 22, 1996, and concluded a market value of $58,000.00. The KPB appraiser assumed the portion of the land appraised could be utilized as a residential site and be in compliance with all applicable regulations. The Zehrung's application for negotiated sale assumed the subject site was an unusable remnant because of size and configuration. The KPB Assessing Department requested an engineer's report to determine if the subject property is not and/or could not be in compliance with applicable regulations before a different set ofappraisal techniques could be utilized.

M. Scott McLane, PLS submitted a letter dated October II, 1996 which detennines the subject parcel is an unusable remanent. A copy of the letter was provided to the Assessing Department to make appropriate adjustments to the appraisal dated August 22, 1996. In a memo dated October 18, 1996 the Assessing Department used the subdivision development, or anticipated use technique, to arrive at an indicated value of$34,OOO. The Zehrungs do not agree with this value conclusion.

The Borough will benefit by receiving market value for its land due to the efforts ot the applicants. The sale price will depend on the final detennination of fair market value.

During the regularly scheduled October 14, 1996 meeting the Planning Commission voted by unanimous consent to recommend enactment ofthe Ordinance Autho.mng the Sale ofApproximately 1.08 Acres ofBorough Land Located on Kalifomsky Beach Road to Ed and Terrie Zehrung.

17

ATTAlCHMENT A TO ORDINANCE 96

EARNEST MONEY RECEIPT AND AGREEMENT TO PURCHASE

This Agreement is made on this day of , 1996, by and between thl~ KENAI PENINSULA BOROUGH, an Alaska municipal corporation, whose address is 144 North Binkley Street, Soldotna, Alaska 99669 (hereinafter referred to as "KPB") and Ed and Terrie Zehrung whose address is 4220 Pinnacle Circle. Anchorage. AK 99504 (hereinafter referred to as "BUYER").

WHEREAS, KPB is the owner of that real property located in the Kenai Recording District, Third Judicial District. State of Alaska. and more particularly described as follows:

Kalbea Subdivision Sea Watch Addition; a resubdivision of Tract 2B, Kalbea Subdivision NO.2 and the north-half of the proposed vacation of Moose Turd Avenue Road right-of-way, containing. a approximately 1.08 acres. (hereinaftEtr referred to as "PROPERTY")

WHEREAS, Buyer has offered to buy, and KPB is willing to sell the above-described PROPERTY as evidenced by KPB Ordinance • enacted by the Assembly of the: Kenai Peninsula Borough on _

NOW THEREFORE, in consideration of the promises herein contained. KPB hereby agrees to sell to BUYER, and BUYER hereby agrees to purchase from KPB, the PROPERTY on the terms and conditions as set forth below:

1. PURCHASE PRICE

The purchase price of the~ PROPERTY is Thirty-four Thousand dollars ($34,000.00) to be paid as follows:

A. Earnest Money of One thousand dollars ($1.000.00) in the form of a check or money order is herewith submitted to the KPB as earnest money on and as partial p.ayment for the PROPERTY described above and shall be held by the KPEI until closing. This $1,000.00 shall be applied to the down payment or until this Agreement is otherwise terminated. This payment shall be credited towards the purchase price and costs unless

Kenai Peninsula Borough, Alaska eamest.mny - rev. 9/96 Page 1 of 11

18

this Agreement is otherwise terminated. in which case it shall be disbursed in accordance with the applicable provisions of this Agreement.

B. Down payment of Three Thousand Four Hundred dollars ($3,400.00), [includes $1,000.00 earnest money] , representing ten percent (10%) of the Purchase Price, in the form of a check or money orde'" shall be paid by buyer in the form of a check or money order at time of closing.

C. Thirty Thousand Six Hundred dollars and ($30,600.00), representing the balance of the Purchase Price, shall be paid pursuant to a Deed of Trust Note executed by BUYER in favor of KPB and secured by a Deed of Trust on the PROPERTY, with interest at the rate of percent ( %) per annum, payable in one hundred and twenty (120) equal monthly installments.

2. SURVEY

Buyers shall have the PROPERTY surveyed and platted and shall be responsible for all fees. The subdivision plat for the PROPERTY shall be filled prior to closing. Survey and platting instructions shall be approved in writing by KPB prior to commencement of survey and platting.

3. TITLE

At BUYER's expense, KPE -lall provide an owner's policy of title insurance, to the BUYER as the insured, which indicates the condition of title SUbject only to reservations, easements, rights-of-way, covenants, conditions and restrictions of record and further subject to restrictive covenant pursuant to KPB 17.1 0.130(D), and for SUbject parcel which will be created by the conveyance from KPB to the BUYER. Any such insurance shall further show no liens or judgments against BUYER at the time of closing. BUYER warrants and covenants that at the time of closing there shall be no liens or judgments recorded against BUYER in the same recording district in which the PROPERTY SUbject to this Earnest Money Agreement is situated. Titlt.: shall be delivered at time of closing by warranty deed which shall be issued to BUYER.

4. ESCROW AND CLOSING COSTS

In addition to the purchase price, BUYER agrees to pay tor all closing costs in connection with this Agreement, including without limitation all escrow fees, title


19

insurance charges, recording fees and bank charges. All costs must be paid in full at the time of c1osin!~.

5. CLOSING

Unless otherwise agreed in writing, closing will occur within 60 days of filing of the subdivision plat for the PROPERTY. At closing, buyer will pay the balance of the purchase price for all cash sales, or the balance of the down payment for financed sales, with a Ct~rtified check. Both parties will execute all documents required to complete the Earnest Money Agreement and, if applicable, establish an escrow account.

6. POSSESSION

Possession shall be delivered to BUYER at time of recording.

7. BREACH BY BUYER: REMEDIES OF KPB

Prior to the closing of the sale, in the event that BUYER fails to make any payment required, or fail:s to submit or execute any and all documents and papers necessary in examination of BUYER's financial background, or with closing and transfer of title within the time periods specified in this Agreement, up to $300.00 of BUYER's deposit shall be retained by KPB as liquidated damages. Additionally, other funds may be retained for out-of-pocket expenses incurred, and this Agreement shall be terminated.

In addition to the foregoing, in the event of a default in the performance or observance of any of the agreement terms, conditions, covenants and stipulations thereto, either prior to or after the closing of the sale, and such default continues thirty days after written noti~ of the default, KPB may cancel the agreement or take any legal action for damages or recovery of the PROPERTY. No improvE~ments may be removed during the time which the contract is in default. This provision shall survive the execution of sale documents and shall continue in full force and effect until either the purchase price is paid in full or the sale is otherwise terminated.

8. NOTICE OF PEFAULT. Notice of the default will be in writing as provided hereinbelow. A copy of the notice will be forwarded to all lienholders or others who have properly recorded their interest in the Earnest Money' Agreement with KPB.

Kenai Peninsula Borough. Alaska eamest.mny - rev. 9/96 Page 3 of 11

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9. REMOVAL OR REVERSION OF IMPROVEMENTS UPON CANCELLATION OF EARNEST MONEY AGREEMENT OR LEASE. A. BUYER covenants that improvements owned by the BUYER on KPB land

shall, within thirty calendar days after the termination of the agreement, be removed by BUYER; prOVided, such removal will not cause injury or damage to the land; and further provided, that the mayor may extend the time for removing such improvements in cases where hardship is proven. The retiring BUYER may, with the consent of the mayor when applicable, dispose of BUYER'S improvements to the succeeding BUYER.

B. If any improvements and/or chattels having an appraised value in excess of ten thousand dollars, as determined by a qualified appraiser, are not removed within the time allowed, such improvements and/or chattels shall, upon due notice to the BUYER, under the terminated or canceled contract, be sold at public sale under the direction of the mayor and in accordance with the provisions of KPB Chapter 5. The proceeds of the sale shall inure to the former BUYER, lessee, or permittee who placed such improvements and/or chattels on the land, or his successors in interest, after paying to KPB all monies due and owing and expenses incurred in making such a sale. In case there are no other bidders at any such sale, the mayor is authorized to bid, in the name of KPB, on such improvements and/or chattels. The bid money shall be taken from the fund to which said land belong, and the fund shall receive all moneys or other value subsequently derived from the sale or leasing of such improvements and/or chattels. KPB shall acquire all the rights, both legal and equitable, that any other BUYER could acquire by reason of the purchase.

C. If any improvements and/or chattels having an appraised value often thousand dollars or less, as determined by the mayor, are not removed within the time allowed, such improvements and/or chattels shall revert and absolute title shall vest in KPB. Upon request, the BUYER, lessee, or permittee shall convey said improvements and/or chattels by appropriate instrument to KPB.

D. Rental for Improvements or Chattels not Removed. Any improvements and/or chattels belonging to the BUYER and placed on the land during BUYER'S tenure with or without BUYER'S permission and remaining upon the premises after the termination of the contract shall entitle KPB to charge a reasonable rent therefor.

Kenai Peninsula Borough. Alaska eamest.mny - rev. 9/96 Page 4 of 11

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10. RESALE. In the event that an Earnest Money Agreement should be terminated, canceled, forfeited or abandoned, KPB may offer said land for sale, lease or other appropriate disposal pursuant to the provisions of this chapter or other applicable regulations. If said land is not immediately disposed of then said land shall return to the Land Bank.

11. DEFENSE AND INDEMNIFICATION

BUYER covenants and agrees that it shall defend, indemnify and hold harmless KPB from and against all claims, demands, judgments, costs, expenses. and fines (including actual attorney's fees) which may arise, for any reason, from BUYER's use of or presence on the PROPERTY.

12. HAZARDOUS MATERIJ~

A. BUYER covenants and agrees that no hazardous substances or wastes shall be located on or stored on the PROPERTY, or any adjacent PROPERTY, nor shall any such substance be owned, stored, used, or disposed of on the PROPERTY or any adjacent property by BUYER, its agents, employees, contractors, or invitees, prior to BUYER's ownership, possession, or control of the PROPERTY.

B. BUYER covenants and agrees that if the presence of hazardous material on the PROPERlY is caused or permitted by BUYER, its agents, employees, contractors, or invitees, or if contamination of the PROPERTY by hazardous material otherwise occurs on the PROPERTY, BUYER shall defend, indemnif)r, and hold harmless KPB from any and all claims, judgements, damages, penalties, fines, costs, liabilities, or losses (including, but not limited to, sums paid in the settlement of claims, attorney's fees, consultant fees and expert fees) which may arise as a result of such contamination. This defense and indemnification includes, without limitations, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal, or restoration work required by any federal, state or local government on or under the PROPERTY. As used herein, the term "hazardous material" means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local government authority, the State of Alaska, or the United States Government.


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., ') ASSIGf\lMENTS

BUYl :lay assign the land upon Ylllich BUYER has an agreement only if apprc ' by the mayor. Applicatior(~, for assignment shall be made in writing on a fon ovided by the land management division. The assignment shall be appro\t;;;d if it is found that all interests of KPB are fully protected. The assignee shall be subject to and governed by the provisions and regulations applicable theretc

14. ENTIRE AGREEMENT

This Agreement and the documents referred to herein contain the entire agreerr.:mt of the parties with respect to the subject matter hereof. Any changes, additions or deletions hereto must be made in writing and signed by both KPB and BUYER or their respective successors in interest. The provisions of this agreement, unless inapplicable on their face, shall be covenants constituting terms and conditions of the sale and of the agreement to finance the sale, and shall continue in full force and effect until the purchase price is paid in full, or this agreement is earlier terminated.

15. MISCELLANEOUS

A. pi JYER agrees to comply with any Declaration of Covenants. Conditions, alld Restrictions of record, affecting the PROPERTY.

q BUYER acknowledges its responsibility to inspect the PROPERTY and aqrees KPB assumes no liability for matters which would have been d·,closed to the BUYER by an inspection of the PROPERTY. BUYER further acknowledges that KPB makes no warranties, either expressed or implied, nor assumes any liability whatsoever, regarding the social, economic or environmental aspects of the PROPERTY, to include without limitation, the soil conditions, water drainage, physical access, availability of personal use wood supplies now or in the future, or natural or artificial hazards which mayor may not exist or. merchantability, suitability, or profitability of the PROPERTY for any use or purpose. The parties mutually agree that this transfer will not be covered by the Residential Real Property Transfers Act, AS 34.70.010 et. seq.

C. BUYER agrees the construction and maintenance of any improvements, roads, drainage systems aDd common areas shall be the responsibility of the BUYER. BUYER further agrees to comply with all federal, stat md borough regulations regarding the use and development of the


23

PROPERTY, which includes but is not limited to; State of Alaska, Department of Environmental Conservation regulations regarding water and sewer instal~ation; and if applicable, regulations of the U.S. Army Corps of Engineers regarding filling or draining any area within the PROPERTY designated as wetland by the appropriate authority.

D. Time is of the essence in the performance of this Agreement.

E. Cancellation. This agreement, while in good standing may be' canceled in whole or in part, ,at any time, upon mutual written agreement by the BUYER and the mayor. This Earnest Money Agreement is subject to cancellation in whole or in part if improperly issued through error in procedure or with respect to material facts. .

F. Entry or Re-entry. In the event that this agreement is terminated, canceled or forfeiited, or in the event that the demised land, or any part thereof, should ble abandoned by the BUYER during the agreement term, or prior to the pa)rment in full of the purchase price, KPB or its agents, servants or representative, may immediately or any time thereafter, enter or re-enter and relsume possession of said land or such part thereof, and! remove all persons and property therefrom either by summary proceedings or by a suitable action or proceeding at law or equity without being liable for any damages therefor. Entry or re-entry by KPB shall not be deemed an acceptance of surrender of the contract.

G. Fire Protection. The BUYER shall take all reasonable precautions to prevent, and take all reasonable actions to suppress destructive and uncontrolled gras:s, brush, and forest fires on the land under agreement, and comply with all laws, regulations and rules promulgated and enforced by the protection ;agency responsible for forest protection within the area wherein the demi!~ed premises are located.

H. Notice. Any notice or demand, which under the terms of this agreement or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address shown on the contract. . However, either party may designate in writing such other address to which such notice of demand shall thereafter be so given, made or mailed. A notice ~~iven hereunder shall be deemed received when deposited in a U.S. general or branch post office by the addressor.

Kenai Peninsula Borough, Alaska eamest.mny • rev. 9/96 Page 7 of '11

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I. Responsibility of Location. It shall be the responsibility of the BUYER to properly located himself and his improvements on the purchased, leased, or permitted land.

J. Rights of Mortgage or Lienholder. In the event of cancellation or forfeiture of a sale agreement for cause, the holder of a properly recorded mortgage, conditional assignment, or collateral assignment will have the option to acquire the sale agreement for the unexpired term thereof, subject to the same terms and conditions as in the original instrument. Any party acquiring an agricultural purchase or lease agreement must meet the same requirements as the original BUYER or lessee.

K. Rights-of-way. All trails or roads in existence at the time the land is sold may be considered to be an easement for public use. Nothing herein contained shall prevent the mayor from specifically reserving such additional easements and rights-of-way across KPB land as deemed reasonable and necessary prior to the sale thereof.

L. Sanitation. The BUYER, lessee, or permittee shall comply with all regulations or ordinances which a proper public authority in its discretion shall promulgate for the promotion of sanitation. The premises under purchase or lease agreement, or permit shall be kept in a clean and sanitary condition and every effort shall be made to prevent any pollution of the waters and land.

M. Shore Land Public Access Easement. As established by AS 38.05, KPB land sold or leased may be subject to a minimum 50 foot public access easement landward from the ordinary high water mark or mean high water mark.

N. Violation. Violation of an~rprovisionof chapter 17.10 of KPB Code of Ordinances, or of the terms of the agreement of sale may expose the BUYER to appropriate legal action including forfeiture of purchase interest, termination, or cancellation of BUYER's interest in accordance with state law.

O. Written Waiver. The receipt of payment by KPB, regardless of knowledge of any breach of the Earnest Money Agreement by the BUYER, or of any default on the part of the BUYER, in observance or performance of any of the conditions or covenants of the agreement, shall not be deemed to be a waiver of any provision of the agreement. Failure of KPB to enforce any covenant or provision therein contained shall not discharge or invalidate


25

such covenants or provision or affect the right of KPB to enforce the same ....... ;. in the event of any subsequent breach or default. The receipt by KPB of any payment of Clny other sum of money after notice of termination or afte the termination of the agreement for any reason, shall not reinstate, continue or extend the agreement, nor shall it destroy or in any manner impair the efficacy of any such notice of termination unless the sole reason for the notice was nonpayment of money due and payment fully satisfies the breach.

P. This Agreement shall be deemed to have been jointly drafted by both parties. It shall be~ constructed according to the fair intent of the language as a whole, not for or against any party. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of Alaska. The titles of sections in this Agreement are not to be construE!d as limitations of definitions but are for identification purposes only.

This Agreement has been executed by the parties on the day and year first above written.

KENAI PENINSULA BOROUGH: BUYER(S):

_______, Mayor (Buyer)

Dated: _ Dated: .

Kenai Peninsula Borough, Alaska earnesl.mny - rev. 9196 Page 9 of 11

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ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY:

Gaye J. Vaughan, Colette G. Thompson, Borough Clerk Acting Borough Attorney

NOTARY ACKNOWLEDGMENT

STATE OF ALASKA ) )ss.

THIRD JUDICIAL DISTRICT )

The foregoing instrument was acknowledged before me this day of __________, 1996, by ,Mayorofthe Kenai Peninsula Borough, an Alaska municipal corporation, on behalf of the corporation.

. ~:-.

Notary Public in and for Alaska My commission expires: _


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The foregoing instrument was acknowledged before me this ,.day of __________, 1996, by _

(Buyer)





The foregoing instrument was acknowledged before me this day of __________, 1996, by _

(Buyer)


i:roy\zehrung.ema

Kenai Peninsula Borough, Alaska eamest.mny· rev. 9/96 Page 11 of 11

28

TO:

THRU:

FROM:

THRU:

THRU:

SUBJECT:

J

DATE:

Kenai Peninsula Borough Memorandum

Max Best, Surveyor

, Director of Planning

Tennis, Senior Appraiser

Jerry Hobart, Cbie~Aprai~ Wayne D. Haerer, . ector of Assessing

Response to Engineer's eport of October 11, 1996 I Memo: October 14, 191..;,., I Soutberly portion Parcel 055-290-51

October 18, 1996

The engineer's rep()rt from Mr. McLane has been received and reviewed. Their opinion is that the proposed "parcel does not contain adequate area to support onsite wastewater with or without the vacation of the right-of-way," thereby an "unusable remnant." Conversation with ADEC reveals several factors indicating that the parcel could in fact be allowed as a viable lot with the vacated RIW, i.e. area remaining for other improvements and soil conditions. These kinds offactors are now analyzed by private engineers and not ADEC. So, if certain conditionS can be met as identified in a qualified report to ADEC, they could issue ~ variance to allow the subdivision, even though it is less than the minimum requirements. The proposed site is not considered to be an unusable remnant.

These factors complicate the valuatIOn process because they directly affect the value. It is this appraiser's opinion the subject could be used and a marketable "restricted site" wherein a wastewater holding tank could be utilized. This outline of the "use value," recognizing the legal restrictions, warrants the valuation method using comparable site sales. Locatirg this type of property required an expanded search, and included sites marketed as recreational and sites purchased for assemblage (adjacent land for expansion or buffer). Due to the lack of reliability of comparables and adjustments required, the value range is not substantiated. The most similar comparable, located 1 Y2 miles south of the subject, sold for $25,000 in February 1993 and was an adjoining site to the buyer.

The principle of "highest and best use" means the market value depends on potential use rather than on current or planned utilization. The other appraisal method which is considered the most appropriate for this site is a subdivision development, or anticipated use technique. This procedure begins by analyzing the neighborhood site sizes and utility that is typical, then concluding a "typical" site value. Then a subdivision plan is used to determine "typical" lots, so that a probable gross sale

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Memorandum to: Max Best Page 2 October 18, 1996

price can be projected. An estimatt~ ofall development costs, fees, overhead, profit, time to sell, c:tc. is deducted. The sum reflects the price a developer would be justified in paying for the raw land under the assumptions and estimates. Further itemization will give an indication of value for the 1.072 acre portion. Note below:

Typical neighborhood lot size: 1± ac. Total (as proposed) size: 2.514 ac. Subdivision Plan: 2 lots cntg. 1.257± ac. Gross Market Value: $60,000 x 2 (lots) = $120,000 Estimated Development!

Marketing Costs - 40.300 (R) $ 79,000 + 2.514 ac. =

$ 31,702 per ac. Subject portion

Documents

CLERK'S OFFICE - FILE · 2. Ordinance 97-08: Amending KPB 22.33.090 to Provide That All Assembly Members Shall Be Voting Members of All Assembly Committees (Drathman)