HomeMy WebLinkAbout2005-08-20 Council Packet - Work SessionKenai
City Council
Work Session
August 20, 2005
Various Topics
KENAI CITY COUNCIL WORK SESSION
AUGUST 20, 2005
9:00 A. M.
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
Council Present:
L. Swarner, P. Porter, C. Massie, R. Ross, B. Gilman, J.
Moore, J. Butler
Staff Present"
C. Graves, C. Kopp, J. La Shot, K. Kornelis, B. Frates, E.
Jankowska, L. Semmens, M. Kebschull, R. Craig, R.
Cronkhite, A. Varner, M. Tilley
Members of the Public'
S. Walden, E. DeForest, M. Boyle, B. MOlloy, O. Osborne,
P. Hansen, J. Mellish, M. Renken, R. Hohnbaum, others
unidentified
Mayor Porter opened the work session at approximately 9'00 A.M. and called attention
to the list of topics listed for discussion. Councilman Ross stated he was uncomfortable
discussing budget items and looked at strategic planning taking the long view. He
recommended prioritizing the list. The council was polled concerning their priorities.
Legislative Influence Discussion on the effectiveness of a lobbyist or individual council
members interacting with the state legislative delegation, individual state legislative
chairs and the federal delegation. Council believes in the coming state budget there will
be money available. In the past, Kenai hasn't gotten its share. Individual points made' be
specific about what the lobbyist is to do, target specific projects, track legislation on a
daily basis, consider smaller federal projects, meet with state legislators before they go to
Juneau. Recommendation' After the municipal elections, meet with the local legislative
delegation. In October, the administration drafts a long-range plan for projects proposed-
for state or federal dollars.
Empty Buildings City Attorney Graves outlined options. Update the property
maintenance ordinance. Other communities have ordinances requiring building fafades
to be maintained. A second option is to offer a tax incentive, however taxes must be
equitable. Recommendation' Graves will contact communities to find out how a
building maintenance ordinance has worked out and come back with a recommendation.
Bluff Erosion Public Works Manager Komelis reviewed the results of the latest study
which recommends further study. Has been told $500,000 is coming to fund it. The Feds
have said this is not a Corps project. Recommendation' Draft a response to the latest
study.
Street Improvement Fund Discussed developing a street improvement fund and how to
fund it. Suggestions: bond issue, dedicate part of the sales tax or general fund, long term
look at both, a bond could be paid back via the general fund or an increase in the mill
rate. Recommendation' Administration outline projects, a maintenance schedule and
funding options.
Well house, Remediate Shop, Library Expansion Well house: Discussion paid by all or
only those on the water system. Could have users only if lender says OK. Remediate
Shop: Graves stated remediation isn't a capital project. Charter doesn't allow borrowing
for remediation. Gilman suggested a Charter change. Library Expansion: Look at state or
federal funds. Recommendation: Administration presents the impact of well house
improvement on rates. In October, administration presents a capital improvement plan
with proposed funding sources
Increase Limit of bid awards requiting council approval Recommendation'
Administration draft an ordinance to increase the amount to $25,000.
Increase the limit of purchase orders requiting council approval Recommendation:
Administration draft an ordinance to increase the amount to $15,000.
Lawton Acres Discussed bringing rezoning before Council. Recommendation' Leave it
alone.
Landscape Ordinance Recommendation' P & Z draft a landscape ordinance focused by
zone.
Grant Writer Recommendation' Administration report at budget time addressing the
need for a grant writer either city employee or contract work
Commission/Committee Meetings Recommendation: Ask the commissions how often
they want to meet and when.
Administration Transfers Within the Budget Recommendation' Admlmstratlve draft an
ordinance to increase the amount to $5,000.
Tourists to Kenai Purchase or lease property outside the city where a sign could be
placed. Address accurate mileage to Kenai on highway signs. Recommendation-
Administration look into it.
Marketing Kenai to Businesses Consider marketing web sites and advertising.
Recommendation- Nothing specific
Foreclosure Auctions Recommendation' Administration draft a code amendment to
allow for an outcry auction.
The work session ended at approximately 11 '43 A.M.
Notes prepared by:
Kari Mohn
Contract employee
STRATEGIC PLANNING TOPICS
,
How much legislative influence?
.
Review of Parks aa Recreation Department employee needs.
3~
Dip net fishery revenues/expenditures.
e
Old Town building leases.
Shore fishery permits.
6. 9-1-1 issues.
7. Empty buildings.
e
Bluff erosion project.
o
Street improvement fund.
10. Bed tax.
11.
Frequency of commission/committee meetings.
12.
Highway signage (to attract tourists to Kenai).
13.
Marketing Kenai to business.
14.
Road, wellhouse improvements, and/or library expansion bond issues for
ballot.
15.
Add employee position: Grant writer (to be supervised by City Manager).
16.
Municipal Park improvements/completion.
17. Annexation
18.
Reinstitution of the landscape ordinance.
19.
Lawton Acres rezone discussion.
20.
Increasing limit of purchase orders requiring council approval.
21.
Increasing limit of bid awards requiring council approval.
Pat:
I saw the city's foreclosure sale is still using the same old method --
sealed bids.
An out cry auction would generate more imerest and likely assure that all
parcels are sold and at higher prices.
The big problem with the current method is that a potential buyer might be
imerested in more than one piece, but they can afford to buy one. In an
out cry auction they could bid on all until they were high bidder. Under
the current system the bidder would have to submit many bids. The result
could be winning bids on several pieces requiting the bidder to buy them all
or lose their deposits and be barred from future sales because they
defaulted on a bid. Rather than risk this many potential buyers will simply
not bother to bid.
An outcry auction should be less work for the city. No sealed bids to
safeguard, open and record. One day and the whole thing would be over. No
one to complain "what happened to my bid?"
An outcry, auction works for the borough, and thus it must be legal to do.
Higher prices? Two weeks ago, KeyBank sold a house in Kenai at an outcry
auction. About 50 people showed up for the sale. A house, considering its
problems requiring expensive repairs, sold for an unbelievable $79,000.
In its present condition, neighborhood, and size it was worth half that
· $79k.
If the city is in love with seal bids, it could use the Internal Revenue
Service method. Written bids are accepted in advance of the outcry auction.
When the high bid at the outcry has been established, the mailed bids are
read. The live high bidder has a chance to raise their bid over the mailed
in bid. It is possible for a mail in bidder to submit multiple bids -- the
high live bidder can still raise their bid to win. This method works. I
attended one three weeks ago in Soldotna.
ANY METHOD OTHER THAN THE CURRENT METHOD USED BY KENAI
WOULD BE BETTER!
0
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MIND
STRATEG~TC PLAN NZNG
SESSION
SATU RDAY~
AUGUST 20~ 2005
9:00 A.M.
-NOON
COU NCI'L CHAMBERS
STRATEGIC PLANNING TOPICS
le
How much legislative influence?
e
Review of Parks & Recreation Department employee needs.
.
Dip net fishery revenues/expenditures.
,
Old Town building leases.
Shore fishery permits.
, 6. 9-1-1 issues.
7. Empty buildings.
o
Bluff erosion project.
e
Street improvement fund.
10. Bed tax.
11.
Frequency of commission/committee meetings.
12.
Highway signage (to attract tourists to Kenai).
13.
Marketing Kenai to business.
14.
Road, wellhouse improvements, and/or library expansion bond issues for
ballot.
15.
Add employee position' Grant writer (to be supervised by City Manager).
16.
Municipal Park improvements/completion.
17. Annexation
18.
Reinstimtion of the landscape ordinance.
19. Lawton Acres rezone discussion.
20.
Increasing limit of purchase orders requiring council approval.
21.
Increasing limit of bid awards requiring council approval.
Department
Animal Control Department
City of Kenai
Fiscal Year 2006 Consolidated Operating Budget
Authorized Personnel Staffing Table
Position Title
Chief Animal Control Officer
Assistant Animal Control Officer
Department Assistant
Grade
11
9
2.5
FY O5
Full Time
Equivalent
1
1
0.12
FY 06
Full Time
Equivalent
,,positions
1
1
0.12
,Public Works Administration Public Works Manager
Administrative Assistant II
Sho~ Department
Shop Foreman
Mechanic II
Street Department
Street Foreman
Street & Airport Lead Operator
Equipment Operator
Buildinq Department
Building Official
Building Maintenance Lead Technician
Library
Librarian
Administrative Assistant I
Library Assistant II
Library Aide
Library Aide
Recreation Department
Parks & Recreation Director
Department Assistant I
Parks
Beautification
Parks & Recreation Director
Department Assistant I
Ball Field Maintenance Leaders, 1500 Hours
Summer Recreation Aides, 1200 Hours
Ball Field Maintenance Workers, 1950 Hours
Beautification Leaders, 700 Hours
Cemetery/Beautification Aides, 400 Hours
Beautification Aides, 2077 Hours
Dock
Dock Manager
Dock Department Assistant
Summer Aide, 130 Hours
General Fund Totals
21
9
16
14
15
12
11
15
12
17
8
6
2.5
2.5
17
3/6
17
3/6
2.3
2.2
2.1
2.3
2.2
2.1
13
7
2.2
1
1
4.32
1
1
3
0.64
1
0.50
0.50
0.50
0.50
0.72
0.58
0.94
0.34
0.19
1
0.34
0.34
83.09
2
1
1
4.32
1
1
3
0.64
1
0.50
0.50
0.50
0.50
0.72
O.58
0.94
0.34
0.19
1
0.34
0.34
83.17
DEPARTMENT NARRATivE
GENERAL FUND- BEAUTIFICATION
This program employs nine to eleven part-time people through the summer months.
They plant and maintain flowem, shrubs and trees and provide cam for the many flower
boxes and circle planters located along C!ty street comers. The City's greenhouse
provides many of the flowers utilized in City landscapes and allows pemonnel to choose
from a wide range of color, height, and texture. Community volunteers also assist with
design and maintenance of various designated fiowe~eds. Additionally, maint~nane~
personnel-provide lawn care for the many greenstrips and open greenways located
throughout the City. City street lights are also decorated with lighted pole-mount
displays throughout the winter months and with bannem during the summer.
DEPARTMENT NARRATIVI=
GENERAL FUND - PARKS
The City of Kenai has nine parks totaling approximately 180 acres. They are:.
Municipal Park, Beaver Creek Park, Olde Towne Park, Cunningham Park, Fourth
Avenue Park, East Kenai Park, .Spur Park, Leif Hansen Memorial Park, and Erik
Hansen Scout Park. ~ithin these parks ar~ located 1) three little league ball fields and
two senior league fields; 2) Oiler baseball field; 3) four adult softball fields; 4)
playground and picnic areas; 5) tent camping ama; and 6) cross-country ski trails.
Memorial Park includes a gazebo, fountain, and a Veteran's Memorial, as well as
plantings and memorial plaques. The Parks Department also maintains the Bernie
Huss 'Trail and the East Kenai Fitness Trails that include a variety of fitness stations
and a nine (9) hole disc-golf coume.
Maintenance of these areas is an ongoing operation during the summer months.
Responsibilities include fertilizing and liming, aeration, irrigation, mowing and trimming,
sport field maintenance, facility/playground maintenance and repairs, safety
inspections, and installation of park equipment. Also, a major operation is the collection
and removal of trash in these areas.
Half of the salaries of the Parks and Recreation director and the department assistant I
position am charged to the Parks department. During the summer five to six part-time
employees are hired who assist with the installation, maintenance and repair of these
areas.
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Chapter 11.20
LEASING OF TIDELANDS
Sections:
11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
11.20.080
11.20.090
11.20.100
11.20.110
11.20.120
11.20.130
11.20.140
11.20.150
11.20.160
11.20.170
11.20.180
11.20.190
11.20.200
11.20.210
11.20.220
11.20.230
11.20.240
11.20.250
11.20.260
11.20.270
11.20.280
11.20.290
11.20.300
11.20.310
11.20.320
11.20.330
Policy.
Lands available for leasing.
Qualifications of applicants.
Classification prior to lease
required.
Applications.
Rights prior to leasing.
Procedure.
Public notice~Public hearing.
Selection of applicant.
Appeal.
Appraisal and survey of leased
lands.
The lease document--Terms.
Appraisal.
Review.
Annual minimum rental.
Principles and policy of lease
rates.
Responsibility to properly
locate.
Lease utilization.
Subleasing.
Assignments.
Modification.
Cancellation--Forfeiture.
Default--Right of entry.
Notice or demand.
Financing--Rights of
mortgages or iienhoider.
Entry and re-entry.
Re-lease.
Forfeiture of rental.
Right of inspection.
Easement grants reserved.
Lease subordinate to financing
requirements.
Written waiver.
Surrender on termination.
11.20.340
11.20.350
11.20.360
11.20.370
11.20.380
11.20.390
11.20.400
11.20.410
11.20.420
11.20.430
11.20.440
11.20.450
11.20.460
11.20.470
11.20.480
11.20.490
11.20.500
11.20.510
11.20.520
11.20.530
11.20.540
11.20.550
11.20.560
11.20.570
11.20.580
11.20.590
11.20.600
11.20.610
11.20.620
11.20.630
11.20.640
11.20.650
11.20.660
11.20.670
11.20.680
11.20.690
11.20.700
Sanitation.
Building and zoning codes.
Rules.
Aircraft operations protected.
Right to enjoyment and
peaceable possession.
Lessee to pay taxes.
No partnership or joint venture
created.
Default bankruptcy.
Nondiscrimination.
Partial invalidity.
Parole modifications.
Amendment of lease.
Compliance with laws.
Care of premises.
Lessee's obligation to remove
liens.
Condemnation.
Protection of subtenants.
Successors in interest.
Governing law.
Notices.
Fire protection.
Inspection.
Personal use of materials.
Restrictions and reservations.
Waste and injury to land.
Warranty.
Approval of other authorities.
Title restrictions.
Insurance--Hold harmless.
Insurance of users---
Subtenants.
Annual report.
Tidelands claims.
Subjection to harbor
ordinance.
Arbitration.
Provisions regulating public use
purpose.
Provision to be included in
public use lease.
Public use: defined.
182
11.20.010
11.20.710
11.20.720
11.20.730
11.20.740
11.20.750
11.20.760
11.20.770
11.20.780
11.20.790
Controlled access.
Use charges.
Maintenance of dock.
Modifications of existing leases.
Unauthorized removal of
material prohibited.
Removal not authorized by
lease.
Disposition of rights by
Council.
Penalties.
Tideland leases for shore
fisheries.
11.20.010 Policy.
The City, in order to make sites available for
beneficial industries, may lease City-owned tide-
lands to persons who agree to operate a beneficial
industry upon the terms and conditions the Council
considers advantageous to the City. (Ord. 532)
11.20.020 Lands available for leasing.
All classified tide and contiguous submerged
land within the limits of the City to which the City
holds title may be leased as hereinafter provided, for
surface use only, and under the condition that said
lease is subject and inferior to preference fight
claims that may be made within a two (2) year
filing period for preference rights and subject to the
rights of existing set net site holders within the City
limits. (Ord. 532)
11.20.030 Qualifications of applicants.
An applicant for a lease is qualified if the ap-
plicant:
(a) Is an individual at least nineteen (19) years of
age or over; or,
(b) Is a group, association, or corporation which is
authorized to conduct business under the laws
of Alaska.
(Ord. 532)
11.20.040 Classification prior to lease
required.
Before accepting applications to lease tidelands,
the area involved shall have first been classified for
leasing by the City Council with the approval of the
Planning and Harbor Commissions, and their avail-
ability advertised in a newspaper of general circula-
tion in the area once each week for two (2) succes-
sive weeks not less than thirty (30) days prior to the
time set for the closing of the acceptance of applica-
tions, and that all applications are available for
public inspection at the City Hall offices. (Ords.
532, 1802-98)
11.20.050 Applications.
(a) All applications for lease of tidelands shall be
filed with the Clerk on forms provided by her
and available at City Hall which shall upon
execution of the lease become part of the lease
document. Only forms completed in full and
accompanied by a one hundred dollar ($100)
filing fee will be accepted for filing. Filing fees
are not refundable.
(b) With every application, the applicant shall
submit a development plan showing and stat-
ing:
(1) The purpose of the proposed lease;
(2) The use, value, and nature of improve-
ments to be constructed;
(3) The type of construction;
(4) Dates construction is estimated to com-
mence and be completed;
(5) Whether intended use complies with the
zoning ordinance and comprehensive plan
of the City;
(6) Describe by reference to the plat the area
to be leased;
(7) A detailed financial plan showing ability
to carry through with the development
plan;
(8) A performance bond of five percent (5%)
of the project's estimated cost (which
bond shall not exceed fifty thousand
dollars ($50,000), payable to the City.
(Ord. 532)
11.20.060 Rights prior to leasing.
Neither the filing of an application for a lease
183
(Kenai 6-9-99)
11.20.060
nor the holding of a public hearing thereon as pro-
vided below, shall give the applicant a fight to a
lease or to the use of the land applied for. Any use
not authorized by a lease shall constitute a trespass
against the City. (Ord. 532)
11.20.0/0 Procedure.
(a) Planning and Zoning Commission: All lease
applications shall be reviewed first by the City
of Kenai Planning and Zoning Commission to
determine whether the contemplated use falls
within that permitted under the zoning ordi-
nance.
(b) Harbor Commission: All lease applications
shall be reviewed by the Harbor Commission.
If the Commission after considering the lease
applications determines at a public hearing as
set forth in the section below that any one lease
will be in the best interests of the City of
Kenai, the Commission may make a recom-
mendation to the City Council of applicant
along with any modifications or conditions
recommended by the Commission.
(c) City Council: The City Council shall make the
f'mal determination of the selection of the appli-
cant based upon the Commission's recommen-
dation and approve or reject the choice of
application made.
(Orals. 532, 1802-98)
11.20.080 Public notice---Public hearing.
Notice of the lease application shall be pub-
lished in a newspaper of general circulation within
the City not less than ten (10) or more than thirty
(30) days prior to the date of public hearing. The
notice must contain the name of the applicant, a
brief description of the land, proposed use, term,
and a declaration that the Commission will consider
the lease to the applicant on the basis of the
applicant's agreement to operate a beneficial indus-
try upon the terms and conditions as set forth in its
application which is available for public inspection
at the City Hall offices. The notice shall state the
date upon which public hearing will be held before
the Commission for consideration of the application.
(Ord. 532)
11.20.090 Selection of applicant.
After the hearing provided in KlVIC 11.20.080
above, the Commission may make its recommenda-
tion of the applicant to the City Council if in the
Commission's opinion, on the basis of all the testi-
mony presented, the award of the prospective lease
will be advantageous to the City and in the best
interests of the public welfare, health, and safety. In
the alternative, the Commission may elect to make
no recommendation for any applicant giving its
reasons therefor. The Commission may impose
additional conditions upon the applicant before
making its award. The decision of the Council shall
be posted on the City Bulletin Board the day after
the hearing and remain posted for ten (10) days.
(Ord. 532)
11.20.100 Appeal.
Any person disagreeing with the decision of the
Council may appeal the decision by filing suit in the
Superior Court, Third Judicial District at Kenai,
within ten (10) days from the date of the posting of
Council's decision. (Ord. 532)
11.20.110 Appraisal and survey of leased
lands.
The applicant will furnish a survey and apprais-
al of the land in question prior to leasing. Any re-
surveying or re-platting required will be the appli-
cain's responsibility and expense. (Ords. 532, 1282-
88)
11.20.120 The lease document--Terms.
Leases may be issued for a term of not less
than two (2) years nor more than ninety-nine (99)
years. The applicant shall state in his application the
term desired. In determining whether to grant a
lease for the requested term, the Council shall con-
sider the nature, extent, and cost of the improve-
ments which the applicant agrees to construct there-
on as a condition of the lease the time required to
(x~m 6-~-~) 184
amortize the proposed investment, the value of the
applicant's pro-
11.20.120
184-1 ~ ~.z~.~>
11.20.120
posed use to the economy of the City and other
relevant factors. The term of the lease may be ex-
tended for a number of successive periods for a set
number of years each as long as the appropriate
extensions and original term do not exceed 99 years.
(Ord. 532)
11.20.130 Appraisal.
No land shall be leased, or a renewal lease
issued, unless the same has been appraised within
a six month period prior to the date fixed for begin-
ning of the term of the lease or renewal lease. No
land shall be leased for less than the approved,
appraised annual rental, according to the method as
described in Section 11.20.150 below, except to
State or Federal agencies or their subdivisions if it
is in the public interest to do so. Appraisals shall
reflect the number and value of City services ren-
dered the land in question. (Ord. 532)
11.20.140 Review.
No leased land may be changed in use, nor
may any renewal lease be issued until the proposed
use or renewal has been reviewed by the Planning
Commission and approved by the Council. (Ord.
532)
11.20.150
(a)
Annual minimum rental.
Annual minimum rentals shall be computed
from the approved appraised market value
utilizing the method as described in KMC
11.20.160(a). Annual minimum rental shall in-
clude:
(1) Taxes pertai~g to the leasehold interest
of the Lessee.
Sales tax now enforced or levied in the
furore computed upon rent payable in
monthly installments whether rent is paid
on a monthly or yearly basis.
All taxes and assessments levied in the
furore by the City of Kenai, as if lessee
was considered the legal owner of record
of the leased property.
Interest at the rate of eight percent (8%)
per annum and ten percent (10%) penal-
(2)
(3)
(4)
ties of any amount of money owed under
this lease which is not paid on or before
the date it becomes due.
(5) All sales taxes due on payments under
this lease and to all sales taxes applicable
to its operations.
(6) All special assessments for public im-
provements levied by the City of Kenai,
as if lessee were considered legal owner
of leased property.
(b) Upon execution of the lease the lands demised
become taxable to the extent of its leasehold
interest and lessee shall pay all real property
taxes levied upon such leasehold interest in
these lands, that the City as part of the consid-
eration of rental payments depends and relies
upon the payment by the lessee of said assess-
ments and taxes as if he were the owner of said
demised land.
(c) Rent shall be paid annually in advance. Said
payments shall be prorated to conform with the
City of Kenai's fiscal year beginning July 1
and ending June 30. If the equivalent monthly
payment exceeds $200, then the lessee shall
have the option of making payments on a
monthly or quarterly basis.
(Ord. 532)
11.20.160
(a)
Principles and policy of lease
rates.
To insure a fair return, all leases for a period
in excess of five (5) years shall include a rede-
te _rrnJnation clause as of the fifth anniversary of
each lease, normally set for the first of July of
that fifth year. In pursuing a fair return, all
lands for lease shall be appraised prior to lease
and again prior to redetermination. Therefore,
lease rates shall be based on:
(1) Fair market value of the land, including
an appropriate consideration of facilities
and services available (public water,
public sewer, storm sewers, and other
public utilities) as determined by a quali-
fied independent appraiser, considering
the best use of the specific land.
185
11.20.160
(2) The actual rate of remm determined to be
a fair return to the City shall be set at 6%
of fair market value. The appraisal shall
not include structural improvements made
to the land or improvements made by
way of gravel or other approved fill
placed on the land. (Ord. 1631-95)
(b) Realizing that investors, developers, and other
potential lessees need a reasonable assurance of
stability in future lease rates, the redetermina-
tion clause of all furore leases shall include the
following language:
At each five-year interval, the fair market value
shall be determined by qualified, independent
appraisers. The redetermined lease rate (annual
rent) under this provision, shall be limited to a
fifty percent (50%) increase in the prior lease
rate until the thirtieth-year anniversary of the
lease after which the fifty percent (50%) cap
provision shall no longer apply and the lease
rate shall be redetermined every five years on
the basis of fair market evaluation as deter-
mined in KMC 11.20.080.
(c) City leases of tidelands existing at the time of
the enactment of this chapter shall have a thir-
ty-year period detenv, ined from the date from
which the lease was originally entered into.
(d) Failure by the City to insist upon renegofiation
at the end of any given five-year period shall
not constitute a waiver of the fight of the City'
to insist upon renegofiation in any subsequent
year, provided that neither the City nor the
lessee shall have the fight to insist upon rene-
gotiation until five years shall have elapsed
from the date the rental was last adjusted.
(Ord. 532)
11.20.170 Responsibility to properly locate.
It shall be the responsibility of the lessee to
properly locate himself and his improvements on the
leased land. It shall be unlawful to encroach on
other lands of the City, or on lands owned or leased
by another. (Ord. 532)
11.20.180 Lease utilization.
Leased lands shall be utilized for purposes
within the scope of the application, the terms of the
lease and in conformity with the ordinances of the
City and Borough, and in substantial conformity
with the comprehensive plan. Utilization or develop-
ment for other than the allowed uses shall constitute
a violation of the lease and subject the lease to
cancellation at any time. Failure to substantially
complete the development plan of the land within
the specified time from the date of execution of the
lease, consistent with the proposed use and terms of
the lease, shall constitute grounds for cancellation.
The lease shall set forth in detail with appropriate
plans and specifications the improvements to be
made within the time period described above. (Ord.
532)
11.20.190 Subleasing.
Leases may provide for subleasing a portion of
the leased land without prior Council approval.
Subleases shall be in writing and be subject to the
terms and conditions of the original lease. No ap-
proval of the City shall be given to the sublease of
property until the lessee has substantially complied
with the development plan. (Ord. 532)
11.20.200 Assignments.
Except for assignments for collateral purposes,
no lessee may assign the lands leased to him with-
out prior Council approval. The assignee shall be
subject to all of the provisions of the lease, Any
attempted assignment made in violation of this
section shall be void. Any assignment requiring
Council approval will not be unreasonably denied.
(Ord. 532)
11.20.210 Modification.
No lease may be modified orally or in any
manner other than by an agreement in writing,
signed by all parties in interest or their successors
in interest. Any such modification shall require
Council approval.
186
11.20.220
11.20.220 Cancellation--.Forfeiture.
(a) Leases in good standing may be canceled in
whole, or in part, at any time upon mutual
written agreement by lessee and the City Coun-
cil.
(b) Any lease used for an unlawful purpose may be
canceled.
(c) If the lessee shall default in the performance or
observance of any of the lease terms, cove-
nants, or stipulations thereto, or of the regula-
tions now or hereafter in force, and should said
default continue for thirty (30) calendar days
after service of written notice by the City with-
out remedy by lessee of the conditions wan'ant-
ing default, the City shall subject lessee to
appropriate legal action, including, but not
limited to, forfeiture of the lease. No improve-
ments may be removed by lessee or other per-
son during any time the lessee is in default.
This provision shall not be construed to prohib-
it the City from taking any appropriate legal
action, including, but limited to, forfeiture of
the lease, immediately upon the occurrence of
a default.
(Ord. 532)
11.20.230 Default--Right of entry.
Should default be made in the payment of any
portion of the rent or fees when clue or in any of the
covenants or conditions contained in the lease or in
any regulations now or hereinafter in force, then in
such event the City shall give lessee thirty days after
such written notice to cure such default or defaults,
after which if the default is not cured, the City may
terminate the lease, re-enter and take possession of
the premises, remove all persons therefrom. (Ord.
532)
11.20.240 Notice or demand.
Any notice or demand which under the terms
of a lease 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 of record.
However, either party may designate in writing such
new or other address to which such notice or de-
mand shall thereafter be so given, made or mailed.
A notice given hereunder shall be deemed delivered
when deposited in a U.S. general or branch post
office, enclosed in a registered or certified mail
envelope, addressed as hereinabove provided. (Ord.
532)
11.20.250 Financing---Rights of mortgages
or lienhoider.
(a) Forthe purpose ofinterim orpermanent financ-
ing or refinancing from time to time of the
improvements to be placed upon the leased
premises, and for no other purpose, a lessee,
after giving written notice thereof to the City,
may encumber by mortgage, deed of trust,
assignment, or other appropriate instnnnent, the
lessee's interest in the leased premises and in
and to the lease, provided such encumbrance
pertains only to such leasehold interest and
does not pertain to or create any interest in the
City's title to the leased premises. If such moa-
gage, deed of trust, or assi~m~ment, shall be held
by a bank or other established lending or f'man-
cial institution (which terms shall include an
established insurance company and qualified
pension or profit-sharing trust), and such insti-
tution shall acquire the lessee's interest in such
lease as a result of a sale under said encum-
brance pursuant to a foreclosure or other reme-
dy of the secured party, or through any transfer
in lieu of foreclosure, or through settlement of
or arising out of any pending or contemplated
foreclosure action, such lending institution shall
have the privilege of transferring its interest in
such lease to a nominee or a wholly-owned
subsidiary corporation with the prior consent of
the City, provided, however, such transferee
shall assume all of the covenants and condi-
tions required to be performed by the lessee,
whereupon such lending institution shall be
relieved of any further liability under such
lease from and after such transfer. Such lending
institute for the nominee or wholly-owned
subsidiary corporation to which it may have
187
11.20.250
(~
(c)
((1)
transferred such lease, or any other lending
institution which may at any time acquire such
lease, shall be relieved of any further liability
under such lease from and after a transfer of
such lease.
A leasehOld mortgagee, beneficiary of a deed
of trust, or security assignee, shall have and be
subrogated to any and all fights of the lessee
with respect to the curing of any default here-
under by lessee.
If the holder of any such mortgage, beneficiary
of any such deed of trust, or the security as-
signee shall give the City before any default
shall have occurred in the lease, a written no-
tice containing the name and post office ad-
dress of such holder, the City shall thereafter
give to such holder a copy of each notice of
default by the lessee at the same time as any
notice of default shall be given by the City to
the lessee, and the City will not thereafter
accept any surrender or enter into any modifi-
cation of this lease without the prior written
consent of the holder of any first mortgage,
beneficial interest under a first deed of trust, or
security assignee, in this lease.
If, by reason of any default of the lessee, either
this lease or any extension thereof shall be
terminated at the election of the City prior to
the stated expiration therefor, the City will
enter into a new lease with the leasehold mort-
gagee for the remainder of the term, effective
as of the date of such termination, at the rent
and additional rent, and on the terms herein
contained, subject to the following conditions:
(I) Such mortgagee, beneficiary, or security
assignee, shall make written request to
the City for such new lease within twenty
days afar the date of such termination
and such written request shall be accom-
partied by a payment to the City of all
sums then due to the City under the lease.
(2) Such mortgagee, beneficiary, or security
assignee, shall pay to the City, at the time
of the execution and delivery of such new
lease, any and all sums due thereunder in
addition to those which would at the time
of the execution and delivery thereof be
due under this lease; but for such termi-
nation and in addition thereto, any rea-
sonable expenses, including legal and
attomey's fees, to which the City shall
have been subjected by reason of such
default.
(3) Such mortgagee, beneficiary, or security
assignee shall, on or before the execution
and delivery of such new lease, perform
all the other conditions required to be
performed by the lessee to the extent that
the lessee shall have failed to perform
such conditions.
(e) If a lending institution or its nominee or whol-
ly-owned subsidiary corporation shall hold a
mortgage, deed of trust, or similar security
interest in and to this lease and shall thereafXer
acquire a leasehold estate, derived either from
such insmunents or from the City, and if such
institution, nominee, or corporation shall desire
to assign this lease or any new lease obtained
from the City (other than to a nominee or to a
wholly-owned subsidiary corporation as permit-
ted by the above provisions) to an assignee
who will undertake to perform and observe the
conditions in such lease required to be per-
formed by the lessee, the City shall not unrea-
sonably withhold its consent to such assign-
ment and assumption, and any such lending
institution, nominee, or subsidiary shall be
relieved of any further liability under such
lease from and after such assignment. If the
proposed assignor shall assert that the City in
unreasonably withholding its consent to any
such proposed assiglm~ent, such dispute shall
be resolved by arbitration.
(Ord. 532)
11.20.260 Entry and re-entry.
In the event that the lease should be terminated
as hereinbefore provided by summary proceedings
or otherwise, or in the event that the demised lands
or any part thereof should be abandoned by the
188
11.20.260
lessee during the said term, the lessor or its agents,
servants, or representatives may, immediately or any
time therea~r, m-enter and resume possession of
said lands or such part thereof, and remove all per-
sons and property therefrom, either summary pro-
ceedings or by a suitable action or proceeding at law
without being liable for any damages therefor. No
re-entry by the lessor shall be deemed an acceptance
of a surrender of the lease. (Ord. 532)
11.20.270 Re-lease.
In the even that a lease should be terminated as
herein provided, or by summary proceedings, or
otherwise, the Commission may offer said lands for
lease or other appropriate disposal, pursuant to the
provisions of this ordinance. (Ord. 532)
11.20.280 Forfeiture of rental.
In the event that the lease should be terminated
because of any breach by the lessee as herein pm-
vided, the annual rental payment last made by the
lessee shall be forfeited and retained by the lessor
as partial or total liquidated damages for said
breach. (Ord. 532)
11.20.290 Right ,of inspection.
City shall have the right at all reasonable times
to enter the premises, or any part thereof, for the
purposes of inspection. (Ord. 532)
11.20.300 Easement grants reserved.
City reserves the right to grant and control
easements in, or above the land leased. No such
grant or easement will be made that will unreason-
ably interfere with the lessee's use of the land, and
lessee shall have free access and use of any and all
parking and loading rights, rights of ingress and
egress now or hereafter appertaining to the leased
premises. (Ord. 532)
11.20.310 Lease subordinate to financing
requirements.
Lessee a~ees that City may modify the lease
to meet revised requirements for Federal or State
grants, or to conform to the requirements of any
revenue bond covenant. However, the modification
shall not act to reduce the rights or privileges grant-
ed the lessee by this lease, nor act to cause the
lessee financial loss. (Ord. 532)
11.20.320 Written waiver.
The receipt of rent by the lessor with knowl-
edge of any breach of the lease by the lessee, or any
default on the part of the lessee in observance or
performance of any of the conditions or covenants
of the lease, shall not be deemed to be a waiver of
any provisions of the lease. No failure on the part
of the lessor to enforce any covenant or provision
therein contained, nor any waiver of any right there-
under by the lessor, unless in writing, shall dis-
charge or invalidate such covenants or provisions,
or affect the fight of the lessor to enforce the same
in the event of any subsequent breach or default.
The receipt, by the lessor, of any rent or any other
sum of money after the termination, in any manner,
of the term therein demised, or after the giving by
the lessor of any notice thereunder to effect such
termination, shall not reinstate, continue, or extend
the resultant term therein demised, destroy, or in any
manner impair the efficacy of any such notice or
termination as may have been given thereunder by
the lessor to the lessee prior to the receipt of any
such sum of money or other consideration, unless
so agreed to in writing and signed by the lessor.
(Ord. $32)
11.20.330 Surrender on termination.
(a) Lessee shall, on the last day of the term of this
lease or upon any earlier termination of this
lease, surrender and deliver up the premises
into the possession and use of City without
fraud or delay in good order, condition, and
repair, except for reasonable wear and tear
since the last necessary repair, replacement,
restoration, or renewal, flee and clear of all
lettings and occupancies unless expressly per-
mired by City in writing, and free and clear of
all liens and encumbrances other than those
created by City for loans to the City.
189
11.20.330
(b) Upon the end of the term of this lease or any
earlier termination thereof, title to the build-
ings, improvements, and building equipment
shall automatically vest in the City without
requirement of any deed, conveyance, or bill of
sale document in confirmation hereof, lessee
shall execute, acknowledge, and deliver the
same and shall pay any charge, tax, and fee
asserted or imposed by any and all governmen-
tal units in connection therewith.
(Ord. 532)
11.20.340 Sanitation.
The lessee shall comply with all regulations or
ordinances of the City which are promulgated for
the promotion of sanitation. The premises of the
lease shall be kept in a neat, clean, and sanitary
condition, and every effort shall be made to prevent
the pollution of water. (Ord. 532)
11.20.350 Building and zoning codes.
Leased lands shall be utilized in accordance
with the building and zoning ordinances and roles
and regulations of said authority. Failure to do so
shall constitute a violation of the lease. (Ord. 532)
11.20.360 Rules.
(a) The lessee shall observe, obey, and comply
with all applicable roles, etc., of the State or
Federal governments.
(b) City reserves the fight to adopt, amend, and
enforce reasonable roles and regulations gov-
erning the demised premises and the public
areas and facilities used in connection there-
with. Except in cases of emergency, no rule or
regulation hereafter adopted or amended by the
City shall become applicable unless it has been
given thirty days notice of adoption or amend-
ment thereof.
(c) Lessee, in the conduct of its operations on the
demised premises, shall observe, obey, and
comply with any and all applicable rules, regu-
lations, laws, ordinances, or orders of any
governmental authority, federal or state, lawful-
ly exercising authority over lessee or lessee's
conduct of its business.
(d) City shall not be liable to lessee for any dimi-
nution or deprivation of possession, or of its
rights hereunder, on account of the exercise of
any such fight or authority as in this section
provided, nor shall lessee be entitled to termi-
nate the whole or any portion of the leasehold
estate herein created, by reason of the exercise
of such fights or authority, unless the exercise
thereof shall so interfere with lessee's use and
occupancy of the leasehold estate as to consti-
tute a termination in whole or in part of this
lease by operation of law in accordance with
the laws of the State of Alaska and of the
United States made applicable to the states.
(Ord. 532)
11.20.370 Aircraft operations protected.
(a) The City shall reserve to itself its successors
and assigns, for the use and benefit of the
public, a fight of flight for the passage of air-
craft in the airspace above the surface and all
improvements approved by the City of the
premises conveyed, together with the right to
cause in said airspace such noise as may be
inherem in the operation of aircraft, now or
hereaf~r used for navigation of or flight in the
air, using said airspace of landing at, taking off
from, or operating on the Kenai Airport. (When
plans for improvements are approved by the
City, the City to the extem of those improve-
ments releases the easements here expressed.)
(b) The lessee by accepting conveyance expressly
agrees for itself, its representatives, successors,
and assigns, that it will not erect nor permit the
erection of any structure or object, on the and
conveyed, which would be an airport obstruc-
tion within the standards established under the
Federal Aviation Administration Regulations,
Part 77, as amended. In the event the aforesaid
covenant is breached, the City reserves the
fight to enter on the land conveyed hereunder
and to remove the offending structure or object,
190
11.20.370
all of which shall be at the expense of the
lessee or its heirs, successors, or assigns.
(Ord. 532)
11.20.380 Right to enjoyment and peaceable
possession.
The City shall agree and covenant that the
lessee, upon paying rent and performing other cove-
nants, terms, and conditions of this lease, shall have
the fight to quietly and peacefully hold, use, occupy,
and enjoy the said leased premises, except that any
inconvenience caused by public works projects in or
about the leasehold premises shall not be construed
as a denial of the fight of quiet or peaceable posses-
sion. (Ord. 532)
11.20.390 Lessee to pay taxes.
Lessee shall pay all lawful taxes and assess-
ments which, during the term thereof may become
a lien upon or which may be levied by the State,
Borough, City, or any other tax-levying body, upon
any taxable possessory fight which lessee may have
in or to the reason of its use or occupancy, provid-
ed, however, that nothing herein contained shall
prevem lessee from contesting as any other land
owner any increase in such tax or assessment
through procedures outlined in State statutes. (Ord.
532)
11.20.400 No partnership or joint venture
created.
The City shall not be construed or held to be
a parmer or joint venturer of lessee in the conduct
of business on the demised premises; and it is ex-
pressly understood and agreed that the relationship
between the parties thereto is, and shall at all times
remain that of landlord and tenant. (Ord. 532)
11.20.410 Default bankruptcy.
If the lessee shall make any assignment for the
benefit of creditors or shall be adjudged a bankrupt,
or if a receiver is appointed for the lessee or lessee's
assets, or any interest under this lease, and if the
appointmem of the receiver is not vacated within
thirty days, or if a voluntary petition is filed under
Section 18(a) of the Bankmpmy Act by the lessee,
then and in any event, the City may, upon giving
the lessee thirty days' notice, terminate this lease.
(Ord. 532)
11.20.420 Nondiscrimination.
The lessee, for himself, his heirs, personal
representatives, successors in interest, and assigI~,
as a part of the consideration hereof, does hereby
covenant and agree as a covenant nmning with the
land, that:
(a) No person on the grounds of race, color, or .
national origin shall be excluded from partici-
pation in, denied the benefits of, or be other-
wise subjected to discrimination in the use of
said facilities.
(b) In the construction of any improvements on,
over, or under such land and the furnishing of
services thereon, no person on the grounds of
race, color, or national origin shall be excluded
from participation, denied the benefits of, or
otherwise be subjected to discrimination.
(c) The lessee shall use the premises in compliance
with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regula-
tions, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimi-
nation in Federally-assisted Programs of the
Department of Transportation---Effectuation of
Title VI of the Civil Rights Act of 1964, and
as said regulations may be amended.
(d) In the event facilities are constructed, main-
tained, or otherwise operated on the said prop-
erty described in this lease, for a purpose in-
volving the provision of similar services or
benefits, the lessee shall maintain and operate
such facilities and services in compliance with
all other requirements imposed pursuant to
Title 49, Code of Federal Regulations, Depart-
ment of Transportation, Subtitle A, Office of
the Secretary, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Deparunent
of Transportation--Effectuation of Title VI of
191
11.20.420
the Civil Rights Act of 1964, and as said Regu-
lations may be amended.
(Ord. 532)
11.20.430 Partial invalidity.
If any term, provision, condition, or part of the
lease is declared by a court of competent jurisdiction
to be invalid or unconstitutional, the remaining
terms, provisions, conditions, or parts shall continue
in full force and effect as though such declaration
was not made. (Ord. 532)
11.20.440 Parole modifications.
It shall be mutually understood and agreed
between the parties that the agreement, as written,
shall cover all the agreements and stipulations be-
tween the parties; and no representations, oral or
written, have been modifying, adding to, or chang-
ing the terms thereof. (Ord. 532)
11.20.450 Amendment of lease.
Notwithstanding anything to the contrary, in
order to aid the lessee in the financing of the im-
provements to be situated herein, the City shall
agree that in the event the proposed mortgagee,
beneficiary or security assignee under any interim
or permanent loan on the security of the leasehold
interest of the lessee and the improvements to be
situated thereon so requires, the City will make a
reasonable effort to amend this lease in order to
satisfy such requirements upon the express condition
and understanding, however, that such variance in
language will not materially prejudice the City's
fights thereunder nor be such as to alter in any way
the rental obligatiOns of the lessee hereunder nor its
obligations to comply with all existing laws and
regulations of the City relating to the leasing of
airport lands, and to all applicable Federal statutes,
rules, and regulations, and all covenants and condi-
tions of the deed by which the City holds title to the
land. (Ord. 532)
11.20.460 Compliance with laws.
(a) Lessee shall comply with all applicable laws,
ordinances, and regulations of public authorities
now or hereaX'ter in any manner affecting the
leased premises orthe sidewalks, alleys, streets,
and way adjacent thereto or any buildings,
structures, fixtures, and improvements or the
use thereof, whether or not any such laws, ordi-
nances, and regulations which may be hereafter
enacted involve a change of policy on the part
of the govemmental body enacting the same.
Lessee agrees to hold City financially harmless
from the following:
(1) From the consequences of any violation
of such laws, ordinances, and/or regula-
tionso
(2) From all claims for damages on account
of injuries, death, or propert~ damage
resulting from such violation.
(b) Lessee further agrees it will not permit any
unlawfifl occupation, business, or trade to be
conducted on said premises or any use to be
made thereof contrary to any law, ordinance, or
regulation as aforesaid with respect thereto.
(Ord. 532)
11.20.470 Care of premises.
Lessee, at its own cost and expense, shall keep
the leased premises, all improvements which at any
time during the term of this lease may be situated
thereon, and any and all appurtenances thereunto
belonging, in good condition and repair, during the
entre term of this lease. (Ord. 532)
11.20.480 Lessee's obligation to remove
liens.
Lessee will not permit any liens including, but
not limited to, mechanics', laborers', or material-
men's liens obtainable or available under the then
existing laws, to stand against the leased premises
or improvements for any labor or material furnished
to lessee or claimed to have been fumished to lessee
or to lessee's agents, contractors, or sublessees, in
connection with work of any character performed or
claimed to have been performed on said premises or
improvements by or at the direction or sufferance of
lessee, provided, however, lessee shall have the fight
192
11.20.480
to provide a bond as contemplated by Alaska law
and contest the validity or amount of any such lien
or'claimed lien. On final determination of such lien
or such claim for lien, lessee will immediately pay
any judgment rendered with all proper costs and
charges and shall have such lien released or judg-
ment satisfied at lessee's own expense. (Ord. 532)
11.20.490 Condenmation.
In the event the leased premises or any part
thereof shall be condemned and taken for a public
or a quasi-public use, then upon payment of any
award or compensation arising from such condem-
nation, there shall be such division of the proceeds,
such abatement in rent payable during the term or
any extension of the term hereof, and such other
adjustments as the parties may agree upon as being
just and equitable under all the circumstances. If the
City and lessee are unable to agree within .thirty
days after such an award has been paid into court,
upon what division, annual abatement in rent, and
other adjustments are just and equitable, the dispute
shall be determined by arbitration provided in KMC
11.20.670 hereof. (Ord. 532)
11.20.500 Protection of subtenants.
To protect the position of any subtenant(s)
hereafter properly obtaining any interests in the
leasehold estate granted lessee hereunder, the City
agrees that in the event of the cancellation, termina-
tion, expiration, or surrender of this lease (the
ground lease), the City will accept the subtenant, its
successors and assigns, as its lessee for a period ·
equal to the full elapsed portion of the term of the
sublease, including any extensions or renewals
thereof not exceeding the term of this lease, upon
the same covenants and conditions therein con-
mined, to the extent that said covenants and condi-
tions are not inconsistent with any of the terms and
conditions of this lease, provided such subtenant
shall make full and complete attomment to the City
for the balance of the term of such sublease so as
to establish direct privity of estate and contract be-
tween the City and the subtenant with the same
force and effect.as though such sublease was origi-
nally made directly between the City and such sub-
tenant; and further provided such subtenant agrees
to comply with all the provisions of the ground
lease and all the terms of any mortgage, deed of
trust, or security assignment to which such leasehold
estate is subject, except the payment of rent under
the ground lease and the payment of any debt ser-
vice under any such mortgage, deed of trust, or
security assignment. (Ord. 532) ~
11.20.510 Successors in interest.
This lease shall be binding upon and shall inure
to the benefit of the 'respective successors and as-
signs of the parties hereto, subject to such specific
limitations or assignment as are provided for herein.
(Ord. 532)
11.20.520 Governing law.
The indenture of lease shall be governed in all
respects by the laws of the State of Alaska. (Ord.
532)
11.20.530 Notices.
(a) Any notices required by the lease shall be in
writing and shall be deemed to be duly given
only if delivered personally or mailed by certi-
fied or registered mail in a prepaid envelope
addressed as follows:
To City:
City Hall- City of Kenai
P. O. Box 580
Kenai, Alaska 99611
To Tenant:
(b) The City shall also mail a copy of any notice
given to the lessee, by registered or certified
mail, to any leasehold lender (mortgagee, bene-
ficiary of a deed of trust, security assignee)
who shall have given the City notice of such
mortgage, deed of trust, or security assignment.
(c) Any such addresses may be changed by an
appropriate notice in writing to all other parties
affected provided such change of address is
given to the other parties by the means outlined
193
(Kenai 7-21-00)
11.20.530
in paragraph (a) above at least fifteen days
prior to the giving of the particular notice in
issue.
(Ord. 532)
11.20.540 Fire protection.
The lessee will take all reasonable precaution
to prevent and take all necessary action to suppress
destructive or uncontrolled grass, brash, or other
f'wes on leased lands, and comply with all laws,
regulations, and roles promulgated and enforced by
the City for fire protection' within the area wherein
the leased premises are located. (Ord. 532)
11.20.550 Inspection.
The lessee shall allow authorized representa-
tives of the City to enter the leased land for inspec-
tion at any reasonable time. (Ord. 532)
11.20.560 Personal use of materials.
All coal, oil, gas, and other minerals and all
deposits of stone or gravel valuable for extraction
or utilization and all materials subject to Tire H,
Division I, Chapters 4, 5, and 6 of the Alaska Ad-
ministrative Code are excepted from the operation
of a surface lease. Specifically, the lessee of the
surface fights shall not sell or remove for use else-
where any timber, stone, gravel, peat moss, topsoil,
or any other material valuable for building or com-
mercial purposes; provided, however, that material
required for the development of the leasehold may
be used if its use is first approved by the City. (Ord.
532)
11.20.570 Restrictions and reservations.
The lease shall contain such restrictions and
reservations as are necessary to protect the public
interest. (Ord. 532)
11.20.580 Waste and injury to land.
If any person shall commit waste, trespass, or
other injury upon City land, the person so offending,
in addition to being civilly liable for any damages
caused, shall be deemed guilty of a violation. (Ord.
532, Ord. 1858-2000)
(Kenai 7-21-00)
194
11.20.590 Warranty.
The City does not warrant by its classification
or leasing of land that the land is ideally suited for
the use authorized under said classification Or lease,
and no guaranty is given or implied that it shall be
profitable to employ land to said use. City bears no
responsibility for any water erosion of land. (Ord.
532)
11.20.600 Approval of other authorities.
The issuance by the City of leases does not
relieve the grantee or lessee of responsibility of
obtaining licenses or permits as may be required by
duly authorized Borough, State, or Federal agencies.
(Ord. 532)
11.20.610 Title restrictions.
All leases or sales of property shall be made
subject to restrictions and reservations in the patent,
deed, or other insmament under which the City
holds. (Ord. 532)
11.20.620 Insurance--Hold harmless.
Lessee shall covenant to save the City harmless
from all actions, suits, liabilities, or damages result-
ing from or arising out of any acts of commission
or omission by the lessee, his agents, employees,
customers, invitees, or arising from or out of the
lessee's occupation, or use of the premises demised,
or privileges granted, and to pay all costs connected
therewith. In this connection, the lessee shall agree
to arrange and pay for all the following:
(a) Public liability insurance protecting both the
City and/or its agents and the lessee, such
insurance to be evidenced by a certificate
showing the insurance in force. The amount of
such public liability insurance shall have limits
not less than those known as $250,000/
$500,000/$100,000.
(b) Liquor liability (where applicable).
(c) Lessee agrees to carry employer's liability
insurance and Workmen' s Compensation Insur-
ance, and to furnish a certificate thereof to the
City, if applicable.
11.20.620
(d) Insurance contracts providing liability insurance
and Workmen's Compensation shall provide for
not less than thirty days written notice to the
City of cancellation or expiration or substantial
change in policy conditions and coverage.
(e) Lessee agrees that waiver of subrogation
against the City shall be requested of lessee's
insurer, and shall be provided at no cost to the
City.
(f) Cross Liability: It is understood and agreed that
the insurance afforded by this policy or policies
for more than one named insured, shah not
operate to increase the limits of the company's
liability, but otherwise shall not operate to limit
or void the coverage of any one named insured
as respects claims against the same named
insured or employees of such other named
insured.
(g) The insurance procured by the lessee as herein
rexluired shall be issued in the name of the
lessee and the City by a company licensed to
do business in the State of Alaska, and shall
contain endorsements that:
(1) Such insurance may not be canceled or
mended with respect to the City without
thirty days written notice by registered or
certified mail to the City by the insurance
company.
(2) Lessee shall be solely responsible for
payment of premiums and that City shall
not be required to pay any premiums for
such insurance.
(h) The amount of insurance coverage required
above may be subject to review for increase at
each five-year renegofiafion of the lease.
(i) Upon review by the Commission, the lessee
may be required to obtain such other insurance
protecting the City and lessee that may be
necessarily required or advisable owing to the
particularities of the harbor-related activities on
the lease-hold interest.
(Ord. 532)
11.20.630 Insurance of users~Subtenants.
Lessee, for its own protection, may require
bona fide public users and subtenants to execute
agreements holding lessee harmless from actions
arising out of user's operations and may require
such bona fide public users and subtenants to show
proof of public liability insurance covering their
operations on the demised premises in such amounts
as will adequately protect them. (Ord. 532)
11.20.640 Annual report.
The lessee may be required to submit to the
City each year on or about March 15, an annual
report on its operations, particularly those services
and facilities offered to the public, whether on a fee
or non-fee basis. (Ord. 532)
11.20.650 Tidelands claims.
The City shall lease the subject land subject to
any preference rights claims made pursuant to the
provisions of Alaska State 38.05.320 or Ordinance
No. 455-78, dated September 5, 1979 of the City of
Kenai, adopted pursuant thereto, and the lessee
holds lessor harmless for any damages, legal ex-
penses, or compensation necessitated by the resolu-
tion or satisfaction of said claims, if any. (Ord. 532)
11.20.660 Subjection to harbor ordinance.
All leases are subject to the terms, conditions,
and regulations imposed by Title H, Harbor and
Harbor Facilities, of the 1979 Kenai Code of ordi-
nances as amended of which this section is part.
(Ord. 532)
11.20.670 Arbitration.
In the event the City and lessee shall be unable
to agree as to any matter provided for in the lease
except as to the amount of the five-year rent redeter-
ruination amount which is handled pursuant to KMC
11.20.160, such dispute shall be determined by three
disinterested arbitrators (unless the parties can agree
on one arbitrator). Such arbitration shall be conduct-
ed upon request of either the City or the lessee,
before three arbitrators (unless the City or the lessee
agree to one arbitrator) designated by the American
Arbitration Association and in accordance with the
rules of such Association. The arbitrators designated
195 (z~ 7-21.00)
11.20.670
and acting under this lease shall have no power to
depart from or change any of the provisions thereof.
The expense of arbitration proceedings conducted
hereunder shall be borne equally by the parties. The
proceedings shall take place in Kenai, Alaska unless
otherwise agreed upon by the parties. (Ord. 532)
11.20.680 Provisions regulating public use
purpose.
The City Council realizes that only a limited
area of tidelands bordering navigable waters are
available within the City of Kenai and which are
owned by the City of Kenai. It would be in the
public interest to insure that these lands do not pass
out of community control at least to the extent that
the public would not be deprived of harbor services
at reasonable rates in the furore. Therefore, areas of
City-owned tidelands which are developable for the
bona fide public purposes as enumerated below shall
be leased only with the following covenants defined
to insure public use and access at reasonable rates.
(Ord. 32)
11.20.690 Provision to be included in public
use lease.
The following provision shall be included in
leases where harbor facilities are constructed to be
utilized all or in part for bona fide public uses. (Ord.
532)
11.20.700 Public use: defined.
(a) Public use shall mean a use limited in pan or
in whole to the following:
(1) In general, the lessee may use the de-
mised premises or pan thereof for any of
the following purposes only:
(i) Public dock facilities.
(ii) Maritime commerce.
(iii) Transportation.
(iv) Fishing.
(v) Boat harbor.
(vi) Port and waterfront development
purposes.
(b) Before lessee may conduct any activities which
fall under this general criteria, but are not spe-
cifically mentioned above, lessee must obtain
written consent of the City.
(Ord. 532)
11.20.710 Controlled access.
Lessee, for its own protection, may construct
or install fences, gates, or other types of barrie~ to
restrict access to portions of the demised premises
that are not designated for a public use and may
provide reasonable controls for access to public use
areas to allow for security for such areas while
insuring reasonable public access. Reasonable public
access includes accommodations made for fishing
operations during fishing season. (Ord. 532)
11.20.720 Use charges.
Lessee shall make reasonable and non-discrimi-
natory charges to the public for use of any of its
facilities. It is expressly recognized that lessee is
entitled to a margin of profit, which should be fair,
reasonable, and competitive, and that City will coop-
crate to this end in considering rates and fees. The
Commission shah review all rate structures annually.
The lease' shall contain an arbitration provision as
set forth in KMC 11.20.670 to resolve disputes
arising hereunder. (Ord. 532)
11.20.730 Maintenance of dock.
Lessee covenants that it will maintain the dock
facility in a safe condition and in accordance with
applicable state and federal standards. (Ord. 532)
11.20.740 Modifications of existing leases.
Leases shall only be modified to that extent
deemed to be necessary to protect the public's inter-
est. (Ord. 532)
11.20.750 Unauthorized removal of material
prohibited.
Any person, finn, or corporation who without
written authority from the City removes rock, grav-
el, or other material from the lands owned by the
City without the express consent of the City shall be
deemed guilty of a violation. Any criminal action
taken against such person shall not preclude the
(l~uai 7-21-00) 196
11.20.750
institution of civil proceedings by the City. (Ord.
532, Ord. 1858-2000)
11.20.760 Removal not authorized by lease.
No deed or lease granted by the City to any
person shall contain terms or be construed as grant-
ing any fight to remove material from City lands.
(Ord. 532)
11.20.770 Disposition of fights by Council.
In recognition that conditions may exist from
time to time whereby use of such lands and the
material comprising the same may be beneficial to
the public interest and promote the progress and
development of the City, applications for the use
thereof may be received and considered by the
Commission, providing such applications fully dis-
close to the City all material facts and plans for the
proposed use. Such applications shall be consistent
with the Comprehensive Plan of the City and re-
ferred to the City Planning Commission for its rec-
ommendations. Disposition of such applications
shall be made by the Council after recommendation
from the Commission. (Ord. 532)
11.20.780 Penalties.
(a) It is unlawful for any person to violate any of
the provisions of this chapter and upon convic-
tion thereof shah be fined as provided for vio-
lations in KMC 13.05.010. Each day such
violation is committed or permitted to continue
shall constitute a separate offense and shall be
punishable as such hereunder.
(b) In addition to or as an alternative to the above
penalty provision, the City may impose a civil
penalty in an amount as provided by KMC
13.05.010 per day for the violation of any
provision of this chapter and seek injunctive
relief for any infraction thereof for which the
offending party will be charged for reasonable
attorney's fees and costs incurred by the City
as awarded by the court.
(c) Nothing in this section shall be deemed to
restrict the City's exercise of any of its rights
pursuant to the lease agreement including those
enumerated in KMC 11.20.220 and KMC
11.20.240 hereof.
(Ords. 532, 1240)
11.20.790 Tideland leases for shore
fisheries.
(a) The annual minimum rental rate for tideland
leases used primarily for shore fisheries shall
be three hundred dollars ($300.00) per year.
However, should the State of Alaska set an
annual lease rate higher than three hundred
dollars ($300.00) for similar tideland leases for
shore fisheries on land owned by the State, the
City may amend the annual rental to a rate
equal to that charged by the State of Alaska.
Any money owed pursuant to KMC 11.20.150
shall be in addition to the annual minimum set
forth above.
(b) Neither KMC 11.20.160 nor KMC 11.20.620(a)
shall apply to tideland leases for shore fisher-
ies.
(c) The provisions of KMC 11.20.110 and KMC
11.20.130 requiring appraisals of tideland prop-
erty shah not apply to leases of tidelands for
shore fisheries. However, the survey provisions
of KMC 11.20.110 are applicable to shore
fishery leases.
(Ord. 1632-95)
197
(I~nai 7-21-00)
7.12.010
Chapter 7.12
HOTEL/MOTEL ROOM TAX
Sections:
7.12.010
7.12.020
7.12.030
7.12.040
7.12.050
'7.12.060
7.12.070
7.12.080
7.12.090
7.12.100
Definitions.
Applicability of tax.
Responsibility for payment--
Collection.
Rental tax records and re-
ceipts.
Confidentiality of returns.,
Certificate of registration.
Collections--Prohibited acts.
Ruling and regulations.
Violation--Penalty.
Suspension of the hotel/motel
tax.
7.12.010 Definitions.
For the purpose of this chapter the following
words are defined as set forth below.
(a) "City" means the City of Kenai.
(b) "Guest" means an individual, corporation, part-
nership, or association paying or-agreeing to
pay monetary consideration for the use of a
room or rooms in a hotel/motel or other com-
mercial sleeping accommodations.
(e) "Hotel/Motel" means a structure or portion of a
structure which is occupied or intended and de-
signed for occupancy by transients for dwell-
ing, lodging or sleeping purposes and includes
hotel, motel, bed and breakfast, inn or similar
structure, but excludes a structure or part of a
structure rented, or offered for rent solely in
connection with a principal business or institu-
tional purpose other than providing meals,
lodging, entertainment or recreation; for exam-
ple, a hospital or university dormitory.
(d) "Operator" means a person and/or entity who
furnishes, offers for rent or otherwise makes
available rooms in the City in a hotel/motel for
monetary consideration whether acting directly
or through an agent or employee.
(e) "Rents" means the amount paid as monetary
consideration for the use ora room or rooms in
a hotel/motel or other commercial sleeping ac-
commodations.
(f) "Transient" is a person who occupies or rents a
suite, room or rooms in a hotel/motel for fewer
than thirty (30) consecutive days.
7.12.020 Applicability of lax.
The tax shall be applicable to all transient ho-
tel/motel room rentals unless the guest is exempt
from paying sales tax under Provision of Title 5,
Chapter 18 of the Kenai Peninsula Borough Code of
Ordinances.
The tax shall be five percent (5%) of the ho-
tel/motel room rent charged to transient guests.
7.12.030 Responsibility for payment--
Collection.
(a) Each transient guest is responsible forthe room
rental tax imposed by this chapter, and the tax
shall be due and payable at the time rent is
paid. All unpaid tax shall be due when the tran-
siem guest ceases to occupy or use space in the
facility.
(b) Every operator and/or owner renting rooms
subject to taxation under this chapter shall col-
lect taxes from transient guests at the time of
collection of room rental and shall transmit the
same to the City. The tax imposed shall be
shown on the billing to the guest as a separate
and distinct item.
(Ord. 1547-93)
7.12.040 Rental tax records and receipts.
(a) Title to the rental taxes collected pursuant to
the chapter shall vest in the City upon collec-
tion. Such taxes shall be safeguarded until
transmitted to the City as hereinafter provided.
On or before the last day of the month follow-
ing the end of each quarter, all operators who
are current in hotel/motel room tax filings and
payments shall prepare and submit a remm
furnished by the City for the preceding quarter
to the Finance Department of the City. Opera-
tors who have either failed to file a valid ho-
tel/motel room tax return or pay the related tax
(Kenai, Supp. No. 82, 1-18-03)
118
7.12.040
by the above due date, and have failed to cure
the delinquency within ten days after written
notice is sent by regular mail by the City, shall
be required to file returns monthly for six
months. Monthly returns are due on or before
the last day of the following month. In addi-
tion, the operator may be required to submit
such books and records as necessary to sub-
stantiate .the amounts shown on the retum.
(Ord. 1547-93)
(b) The operator shall sign the return and transmit
it together with applicable taxes on or before
the due date. If taxes have not been received by
the City by the due date of the return, the
operator shall incur a penalty equal to ten per-
cent (10%) of the tax liability. In addition to
the aforesaid penalty, interest at the rote of ten
percent (10%) per year, computed monthly, on
the delinquent tax Rom the date of delinquency
until paid shall accrue and be collected in the
same manner the delinquent tax is collected.
(c) Every operator engaged in business within the
City shall keep and preserve suitable records of
all rentals made by him and such other books
or accounts to determine the mount of tax he
is required to collect. All books and records
shall be maintained for a period of three (3)
years after any reporting period, and shall be
available for examination at reasonable times
by the City Finance Director to ascertain the
correcmess of a return or to determine the
amount of tax' collected or levied.
(d) In the event the City is unable to ascertain the
amount of tax due from an operator because
the operator has failed to keep accurate records,
to allow inspection of records, failed to file a
remm or falsified records, then the City shall
estimate the tax due based upon any informa-
tion available to it. The estimate shall become
f'mal for the purpose of determining liability of
the operator in thirty (30) days unless the oper-
ator earlier files an accurate auditable remm
supported by records indicating a lesser liability
or unless a greater liability is shown upon
audit. The City's estimate will include an audit
estimate fee of one hundred dollars ($I00.00)
that is payable regardless of whether or not the
operator files his/her own returns.
(Ord. 1608-94)
7.12.050 Confidentiality of returns.
(a) All retums filed with the City pursuant to. this
ordinance and all data obtained from such
returns are confidential, and may not be re-
leased for public inspection except to those
agencies specifically charged with review
and/or audit responsibility by law and/or appro-
priate court order.
(b) The preceding subsection does not prohibit the
City from collecting and publishing statistical
data, provided it is cumulative and so long as
no identification of particular returns or repons
is made.
7.12.060 Certificate of registration.
(a) Operators shall apply to the Finance Depart-
ment for a certificate of registration on a form
prescribed by the City not later than ten (10)
days from the effective date of the ordinance
codified in this chapter, the date of commence-
ment of business or the opening of additional
places of business. Upon receipt of a properly
executed application, the City's Finance Direc-
tor will issue without charge a certificate of
registration to the operator authorizing the
operator to collect the tax at the business ad-
dress stated on the certificate.
(b) The certificate must be displayed prominently
at the registered place of business.
(c) The certificate of registration is nonassignable
and nontransferable and must be surrendered to
the Finance Department by the operator to
whom it was issued upon the operator's cessa-
tion of business at the location stated in the
certificate. If the business is continued at the
same location but the form of business organi-
zation is changed, the operator shall surrender
his old certificate to the Finance Department
for cancellation. The new operator shall file a
new application for the certificate of registra-
119
7.12.060
tion, and upon receipt of a properly executed
application, a new certificate bearing a new
number will be issued. If there is a change of
address for the operator's place of business, a
new certificate of registration is required bear-
ing the same registration number but showing
the new location or address.
7.12.070 Collections--Prohibited acts.
(a) Taxes due but not paid or taxes collected but
not transmitted, may be recovered in an action
at law against the operator. Tax returns, under
this ordinance, shall be prima facie proof of
taxes collected but not transmitted. Notwith-
standing the civil penalty limitation contained
in KMC 13.05.010(b), an operator who rents
accommodations within the City and thereafter
fails to file a return, or who rents accommoda-
tions upon which a tax is levied under the
provisions of this chapter and fails to collect
such tax, shall incur a penalty of double the tax
liability.
(b) No person may fail or refuse to pay this tax
when it is due and payable to an operator au-
thorized to collect the tax.
(c) An operator may not advertise or state to the
public that the tax or any part of it will be as-
sumed or absorbed by the operator, or will not
be added to the rental, or that it will be refund-
ed.
informal ruling on the issue. Rulings having a
general application may, at the discretion of the
Finance Director, be promulgated as regula-
tions.
7.12.090 Violation----Penalty.
The violation of any provision contained in this
chapter shall be punished under the general penalty
provision, Section 13.05.010, of the City Code.
(Ord. 1435-91)
7.12.100 Suspension of the hotel/motel tax.
(a) Effective June 15, 1996, the provisions and
effect of Chapter 7.12 (Hotel/Motel Room Tax)
shall be suspended until such time as Council
by ordinance directs otherwise.
(b) Any taxes, penalties, interest, judgments, or
other charges or fees owing or accruing prior
to June 15, 1996 are not discharged or affected
in any manner by the suspension of Chapter
7.12 as set forth in subsection (a) above. Addi-
tionally, any reports or returns due to be filed
after June 15, 1996 for the period prior to that
date still must be filed on the otherwise appro-
priate date.
(Ord. 1695-96)
7.12.080 Ruling and regulations.
(a) The Finance Director of the City may take any
action necessary or appropriate to the imple-
mentation of this chapter by promulgating
regulations, which may include the adoption of
forms. Such regulations or any procedures
adopted by the Finance Director are effective
at the time indicated by him, but are subject to
revision or repeal by the City Council.
(b) Should a taxpayer under this Code or an opera-
tor obliged to collect the tax, be in doubt as to
the applications of the provisions to an actual
situation facing the taxpayer, or about to face
the taxpayer, the taxpayer may apply for an
120
_.
KENAI CITY COUNCIL PO/ICY
FOR
COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING
MEETINGS AND WORK SESSIONS
Comm_'_m~_J_on_, Co,,,,,,ittee _;to-_,d lt_eappo~n_tmen__t__-
If, after a term (or consecutive term) of appointment has been completed, a commission,
committee or board memi~r would like to be reappointed for an additional term, an application
must be submitted to council for consideration and approval.
Formation of Subcommittees of Comrn!_ssio~_tt Committees or ~e~_rds:
A subcommittee of a commission, committee or board may be formed for a specific function if
upon review by administration, it is indicated the subcommittee would be a governmental body
and a subcommittee of a public entity and if the formation is approved by Council.
If a subcommittee is approved by Council, the meetings of the subcommittee must be open to
the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall
and on the city website at least five (5) days prior to the meeting; and the meetings may be
recorded with a portable tape recorder and the tapes (the official record) stored in the City
Clerk's Office.
Meeti~ S~hedules:
Until further notice, the commission/committee meeting schedule is as follows:
1. Commission, committees and boards, including Library, Harbor, Parks &
Recreation and Airport Commissions and Beautification Committee, shall meet on a monthly
basis.
2. Council on Aging shall meet monthly at the Kenai Senior Center.
3. Planning & Zoning Commission and the Personnel Arbitration Board is
exempted from this meeting directive.
4. Commissions, committees, boards and the Council on Aging may, with the City
Clerk's approval and notification of Council and City Manager, hold special meetings {for a
specific purpose} on an as-needed basis.
5. Commission, committee and board meetings may be cancelled by the City Clerk,
with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda
items, pre-knowledge of lack of quorum, etc.
6. All commission, committee and board meetings (except Council on Aging) will be
held at Kenai City Hall and begin at 7:00 p.m. Exceptions for subcommittee meetings may be
made with advance notice to and approval by the City Clerk.
7. Any additional commissions, committees, or boards formed will be set and
incorporated into the following meeting schedule by the City Council.
Minutes/Meetinf Reoordin_~:
__
8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board,
responsibility of taking notes and electronically recording the commission, committee, board
meetings, falls to the department liaison (staff member) to the specific meeting group.
9. Summary minutes will be produced by the City Clerk from the department
liaison notes and provided to the City Council as official records of the meetings.
10. Electronic recordings of the meeting group, except the Planning & Zoning
Commission, shall be kept for two years.
11. Planning & Zoning Commission meeting recordings shall continue to be kept for
six years.
Work Sessions:
12. Commission, committees and boards shall receive the City Clerk's approval to
hold work sessions to be held on a date other than that of a regularly scheduled meeting or at
a time immediately prior to 'a regularly scheduled meeting, i.e. a 6:00 p.m. work session before
a 7:00 p.m. meeting.
13. Work sessions may not be held without the approval of the City Clerk unless
they occur on the night of and at the time of a regularly-scheduled advertised meeting.
14. During work sessions, only items on the work session agenda may be discussed
and no formal actions may be taken.
15. All commission, committee and board meetings must be given appropriate
public notice.
The schedule for all City of Kenai commissions, committees, boards and Council on Aging is as
follows:
Commission/~ommtttee / Board
' ~lanning & Zoning Commission
Library Commission
Harbor Commission-
Council on Aging
Beautification Committee
Parks & Recreation Commission
,,
Airport Commission
Meet/rig
Schedule
Twice monthly
Monthly
Monthly
Monthly'
Monthl¥
Monthly
Monthly
Meetin~ Months
January through December, Second
& Fourth Wednesdays
First Tuesday
First Monday after first council
meetin§ of the month.
First Thursday
Second Tuesday
First Thursday
Second Thursday
This directive shall take effect on July 1, 2004 and remain in effect until modified by the Kenai
City Council.
Approved by the Kenai City Council on the fourth day of Aut
ATTEST:
Carol L. Freas, City clerk
gust~~004. ~
/~OH~LL~MS, MAYOR
Clf
7/30/04
1.90.010
Chapter 1.90
STANDARD PROCEDURES FOR BOARDS,
COMMISSIONS AND COMMITTEES
SectiOns:
1.90.010
1.90.020
1.90.030
1.90.040
1.90.050
1.90.060
Creation.
Duties.
Qualifications.
Terms.
Proceedings.
Specific requirements of boards,
commissions and committees.
1.90.010 Creation.
All boards, commissions and committees created
by the Council of the City of Kenai. shall consist of
seven (7) members who shall be nominated by the
Mayor and confirmed by the City Council from ap-
plications submitted to the Ci.ty Clerk. A chairman
and vice-chairman shall be selected annually and
shall be elected from and by the appointed members.
The Mayor and one Council Member elected by the
Council as ex-officio members and as consultants of
any board, .,commission or committee, may attend all
meetings, but shall have no voting power on the
board, commission or committee. A member of
Council or City administrative staff shall attend all
meetings of boards, commissions and committees
and supply staff support.
1.90.020 Duties.
(a) Members of boards, commissions and commit-
tees shall be required to establish policies relat-
ing to their respective organization. They shall
act in an advisory capacity to department heads
within the City Administration if there are such
departments in the City organization that di-
rectly relate to the board, commission or com-
mittee.
(b) If the board, commission or committee has in-
come stated within the City of Kenai annual
budget, said board, commission or committee
shall work with the City Manager to establish
expenses projected for the year for approval by
the City. Council.
1.90.030 Qualifications.
(a) A member ora board, commission or committee
must be a resident of the City of Kenai. unless
the board, commission or committee is specifi-
cally exempted by Council from this require-
ment. The member cannot be an officer or em-
ployee of the City of Kenai. If any member
should move his residence from the corporate
limits of the City of Kenai (if applicable), is an
officer or employee of the City of KenaL or shall
be elected or appointed as an officer or em-
ployee of the City of Kenai. the service of such
member shall terminate immediately. He should
be aware that he will serve without salary, but
will be reimbursed for all reasonable expenses
incurred in connection with this service, only af-
ter approval by Council.
(b) The Beautification Committee, and Harbor, Li-
brary, and Parks and Recreation Commissions
may at the discretion of the Council have up to
two non-resident members each. (Ord. 1948-
2002)
1.90.040 Terms.
(a) A member of a board, commission or committee
shall serve for a term of three (3) years, unless
the board, commission or committee is specifi-
cally exempted by Council from this require-
ment. At renewal date, the Mayor, with consent
of the Council, can reappoint the member or
recommend a replacement.
(b) The terms of the initial board, commission or
committee member shall be staggered so that
three (3) members will be appointed for one
year, two members will be appointed for two
years; and two members will be appointed for
thr~ years. Terms shall commence on January 1
of each year.
1.90.050 Proceedings.
(a) All boards, commissions and committees will
have regularly scheduled meetings which shall
1.85.070
(Note: To the extent that this chapter sets forth dis-
closure requirements which are less stringent than
those imposed by AS 39.50 and AS 15.13. the more
stringent requirements of State Statute must be fol-
lowed. City Attorney's Opinion 4/20/79.)
31 ~ ~.?.o2~
1.90.050
be open to the public. Exceptions to the meeting
requirements shall be established by Council.
Permanent records or minutes shall be kept of all
proceedings and such minutes shall record the
vote of each member upon every question.
Every. decision or finding shall immediately be
filed in the office of the City Clerk and shall be
a public record open to inspection by any per-
son. All acts of boards, commissions and com-
mittees are subject to the paramount authority of
the City Council.
(b) If the commission, committee or board member
shall be absent from more than one-half of all
the meetings of his/her committee, commission
or board, regular and special, held within any
period of three (3) consecutive calendar months,
he/she shall thereupon cease to hold the seat.
(Ord. 1610-94)
(c) In all matters of parliamentary procedure,
Robert's Rules of Order as revised shall be ap-
plicable and govern all meetings, unless as
specified in KMC 1.15.060 motions; KMC
1.15.100, speaking; and KMC 1.15.110, voting.
(d) The responsibility of insuring that all members
of boards, commissions and committees receive
a copy of the Standard Procedures of Boards,
Commissions and Committees lies with the City
Clerk.
1.90.060 Specific requirements of boards,
commissions and committees.
Requirements of boards, commissions and com-
mittees as set forth in KMC 1.90 are general re-
quirements and shall be followed to the extent that
they do not conflict with specific requirements found
in code sections specifically pertaining to individual
boards, commissions and committees. (Ords. 1223,
1239)
3 3 (K~.mi 9-7-02)
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 /FAX: 907-283-3014
www.ci.kenai.ak, us
MEMORANDUM
TO:
FROM'
DATE'
Mayor Porter
Carol L. Freas, Ci~
August 16, 2005
COMI~$$ION/CO~~EE MEMBER ABSENCES
KMC 1.90.050(b)directs,
(b) If the commission, committee or board member shall be absent
from more than one-haft of all the meetings of his/her committee,
commission or board, regular and special, held within any period of three
(3) consecutive calendar months, he/she shall thereupon cease to hold
the seat.
In reviewing attendance records, I found the following:
Airport Commission
Jed Watkins: Has missed March, April, July and August meetings
Jim Zirul: Has missed July and August meetings.
,
Harbor Commission
Scott Romain: Has missed May and June meetings..
Peter Barrett: Has missed May, June, and July meetings.
Parks & Recreation Commission
Matt Brown: Has missed June, July and AugUst meetings {all the
meetings since his appointment)
Julie Carroll: Has missed June and August meetings (two of the last
three).
Let me know if you'd like me to send a letter to ask whether they want to continue on
the commission or a thank-you letter and remove them -- I have one for both
purposes.
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210 Fidalgo Avenue, Kenai, Alaska 99611-7794
1992
KENAI, ALASKA
MEMORANDUM
TO'
FROM:
Charles Kopp, Acting City Manager
Keith Kornelis, Public Works Manager
DATE:
July 28, 2005
SUBJECT:
Alaska Drinking Water Fund (ADWF)
Alaska Clean Water Fund (ACWF)
ADEC - Loan Funds
Attached is a letter outlining the ADEC loan program. The City has two projects
on the priority list, and there am funds available for these loans.
1. ADWF - Water Treatment System - Well Houses 1, 2, 3, and 4 = $1,600,000
2. ACWF- Maintenance Shop Site Remediation = $1,000,000
The City attorney has stated that a vote of our citizens is needed to take out a
loan of this magnitude. It is something we may want to discuss.
CC:
Larry Semmens, Finance Director
Cary Graves, City Attorney
Juneau, AK 99801-1795
PHONE: (907) 465-5180
DEPT. OF ENVIRONMENTAL CONSERVATION FAX: (907) 465-5177
DIVISION OF WATER h~..:llwww.state.ak.us/dec
July 21, 2005
Dear Alaskan:
Enclosed you will find the State Fiscal Year 2006 (SFY06) Alaska Clean Water Fund
(ACWF) and Alaska Drinking Water Fund (ADWF) draft Intended Use Plans (lUPs) with
the proposed priority lists for projects eligible for loans for this next year. These programs
provide Iow-interest loans to finance sewerage, solid waste and ddnking water projects.
These draft plans are provided for your review and comment on the proposed uses and
priorities of the Funds. The draft IUP'$ and project lists are also available on our web at:
http://www.dec.state.ak, us/water/muniloan/acwfiup06.Ddf_. The comment period will end on
August 26, 2005.
Since last year's IUP publication, we have lowered the interest rates for ACWF loans. A
20-year term loan with an interest rate of 2.5% is now at 1.5%. This new interest rate will
add further savings to our already lower than market interest rates. Additionally, we are
proposing to do a fund transfer from the ACWF to the ADWF. This transfer will greatly
increase available project funds in the ADWF program.
Please use this as an opportunity to p~ovide input on the loan programs. If there is
something we should do differently or could do better, please let us know. Please write or
e-mail either:
Dan Garner
Dept. of Environmental Conservation
Division of Water
410 Willoughby Avenue
Juneau, AK 99801
Telephone: (907) 465-5144
Email: dan_garner@ dec.state.ak, us
Mike Lewis
Dept. of Environmental Conservation
Division of Water
555 Cordova Street
Anc.horage, AK 99501
Telephone: (907) 269-7616
Email: mike_lewis @ dec.state.ak, us
We look forward to hearing from you.
Sincerely,
Michael P. Lewis
Program Manager
Enclosure:
DRAFT 2006 Alaska Clean Water Fund Intended Use Plan
DRAFT 2006 Alaska Drinking Water Intended Use Plan
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KODIAK
Willow Street Rehabilitation
This project will ~eplace approximat~y 2,500 ft o£ water main with ductile iron pipe. A fifty year old
asbestos cement (AC) main has failed and caused significant street and personal p~opettlr damag~
Public health and property will be protected with the new watrx main instalhtion.
MATANUS~-SUSITNA BOROUGH
·
Garden Terrace Water System Upgrade, Phase' II
The Garden Terrace Watex system, m_~i_n_~ined by the Borough has been plagued with poor quality,
highly corrosive and difficult to treat groundwater wells. This project will provide new wateg mains in
the subdivision to replace those wells with safe and reliable water from the City of Wasill~'s water
system.
NO1V~_/NOME JOINT UTILITY SYSTEM
Water Distribution System
This project will construct a new pumping plant for the community water distribution system. The
pumping plant must be co-located within the community power plant in order to provide £o~ continual
surv~ce and a source of heat to inject into the water to ke~p it f~om fre~g. The existing power
plant will be decommissioned and equipment inside the ~ort R.unway Protection Zone must be
dismantled. By moving and upgrading the water distribution system pumping plant, we will be able to
add dtizens not currently served by a piped system to the distribution system. If the pumping plant
wexe left in its existing location, without the ability to heat, the entire community water system would
be in jeopardy of freezing. In addition, modem SCADA monitoring equipment instrumentation will be
added.
App. ¥- 7 o£ 12
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CITY OF KENAI; ALASK ,A,
CAPITAL IMPROVEMENT PROJECT NARRATIVE
PROJECT NAME' Municipal Park Improvement
ESTIMATED PROJCECT COSTS: $280,000 (includes 12% State Admin. Costs).
Estimated annual operations and maintenance costs upon completion are estimated at
$2,000. This would primarily include routine operational costs such as mowing,
irrigation, facility cleaning, trail grooming and non-routine maintenance expenses.
POTENTIAL FUNDING SOURCES' Land and Water Conservation Funding
(50/50 matching grant) and City General Fund.
PROJECT DESCRIPTION'
A portion of Kenai Municipal Park formally served as a tent campground. Since
another use has been designated, funds are needed to upgrade property to
match its proposed use.
Kenai Municipal Park covers approximately 43 acres and is one of the oldest
parks in the City's park system. Original development dates back to the early
1970's. Although portions of the park have been upgraded throughout the years,
the interior portion of the property once containing a tent campground has not
except for tree and brush clearing and a 350 L.F. trail addition along with 3 picnic
pads (with grills and tables) completed this summer. Last season's addition of
the paved parking lot and beach access trail upgrade was a tremendous park
upgrade. Most of the park area, however, is still void of any site amenities, 'and
consequently, underused.
Besides being one of the oldest parks in Kenai, it is also one of the more heavily
used parks (shelter and play area) and most visible to the public. This is
particularly true during the personal use fishery during the month of July due to
its close proximity to the mouth of the Kenai River. Additionally, this park is
adjacent to one of the largest residential areas in Kenai and in close proximity to
Sears Elementary, making it a very convenient and accessible park.
The goal of the park improvement project is to enhance outdoor recreational
opportunities and protect significant natural and cultural resources. The plan
includes an additional pavilion, kiosk/signs (including interpretive signs); 20 picnic
sites (to include tables and grills), 3,600 L.F. of trail upgrades, benches and trash
receptacles, general landscaping, and a vehicle parking lot with approximately 20
spaces.
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14.25.010
Chapter 14.25
LANDSCAPING/SITE PLAN REGULATIONS
Sections:
14.25.010
14.25.020
14.25.030
14.25.035
14.25.040
14.25.045
14.25.050
14.25.060
14.25.065
14.25.070
14.25.080
14.25.090
14.25.100
Intent.
Application.
Landscaping/site plan--
Submittal requirements.
Landscaping/site plan.
Landscaping plan----
Performance criteria.
Site plan---Performance
criteria.
Approval.
Completion--Landscaping plan.
Completion--Site plan.
Modifications.
Expiration.
Penalties.
Definition--Landscaping.
14.25.010 Intent.
(a) Site Plans. It is the intent of this chapter to pro-
vide for orderly and safe development of the
City commensurate with protecting the health,
safety and welfare of its citizens, and adequate
and convenient open spaces, light and air, in or-
der to avoid congestion of commercial and in-
dustrial areas.
(b) Landscaping Plans. It is the intent of this chapter
to provide for landscaping and/or the retention
of natural vegetation in conjunction with com-
mercial and industrial development within the
City of Kenai. The general purpose of landscap-
ing is to visually enhance the City's appearance
and reduce erosion and storm runoff.
(Ords. 1094, 1132, 1189, 1886-2000)
14.25.020 Application.
This chapter shall apply to all commercial and in-
dustrial development and all development of twenty
thousand dollars ($20,000) or more in the Townsite
Historic Zone (TSH) within the City of Kenai and
shall apply to both the landscaping and site plans.
"Commercial and industrial development" and "all
development" shall be defined as any improvements
requiring a building permit for new construction or
any improvements of twenty, thousand dollars
($20,000) or more, which adds square footage, lo-
cated on properties within the Central Commercial
(CC), General Commercial (CG), Heavy Industrial
(IH), Townsite Historic (TSH), Light Industrial (IL)
and Education (ED) zoning districts. It is unlawful
for any person to construct, erect or maintain any
structure, building, fence or improvement, including
landscaping, parking and other facilities on property
designated as a commercial tract unless such im-
provements are constructed or reconstructed in a
manner consistent with the apprOved plan. (Ords.
1132, 1189, 1568-93. 1649-95. 1862-2000, 1886-
2000: 1956-2002)
14.25.030 Landscaping/site plan~Submittal
requirements.
Three (3) copies of the landscaping/site plan
(eleven inches (l l") by fourteen inches (14") size)
shall be submitted for approval to the Administrative
Official prior to the issuance of a building permit.
One (1) copy of the approved plans shall be returned
to the applicant; one (l) copy filed; and the third
copy showing action taken, filed with the Building
Official. The landscaping/site plan shall be prepared
at a minimum scale of one inch (1") equals twenty
feet (20') and shall include the following information:
(a) Common and scientific name of the planting
materials to be used in the project;
(b) Typical planting details;
(c) Location of all planting areas and relationship to
buildings, parking areas and driveways;
(d) Identification and location of existing vegetation
to be retained;
(e) Identification and location of non-living land-
scaping materials to be used;
(f) Identification of on-site snow storage areas;
(g) Drainage patterns:
(h) Description of buildings, including building
height, ground floor dimensions, kinds of build-
ing materials, type of architecture anticipated;
297
- 14.25.030 -
(i) Physical features of the property including loca-
tion of all buildings, ingress and egress, any un-
usual features of the property, which may restrict
development or drainage.
(Ords. 1132~ 1149, 1527-93.1862-2000, 1886-2000)
14.25.035 Landscaping/site plan.
Submittal of a preliminary landscaping/site .plan
and approval by the Administrative Official is re-
quired prior to any land clearing and/or tree cutting.
(Ords. 1132, 1527-93~ 1886-2000)
14.25.040 Landscaping plan--Performance
criteria.
(a) Objectives for Landscaping Plan. An effective
landscaping plan should utilize a variety of tech-
niques for achieving the intent of this chapter.
The appropriate placement or retention of vege-
tation in sufficient amount will provide the best
results. Perimeter, interior and parking lot land-
scaping should be included as components of the
overall landscaping plan.
(b) Perimeter Landscaping. Perimeter landscaping
involves the land areas adjacent to lot lines
within the property boundary. This buffer land-
scaping serves to separate and minimize the im-
pact between adjacent land uses. Buffer land-
scaping may be desirable along the perimeter of
the property to shield vehicular or building lights
from adjacent structures and to provide a visual
separation between pedestrians and vehicles.
(c) Interior Landscaping. Interior landscaping in-
volves those areas of the property exclusive of
the perimeter and parking lot areas. Interior
landscaping is desirable to separate uses or ac-
tivities within the overall development. Screen-
ing or visual enhancement landscaping is rec-
ommended to accent or complement buildings,
to identify and highlight entrances to the site,
and to provide for attractive driveways and
streets within the site.
(d) Parking Lot Landscaping. Parking lot landscap-
ing involves the land areas adjacent to or within
all parking lots and associated access drives.
Parking lot landscaping serves to provide visual
relief betxveen vehicle parking areas and the re-
minder of the development. It also is desirable
for the purpose of improving vehicular and pe-
destrian circulation patterns.
(e) Maximum Required Landscaping. The Adminis-
trative Official shall not require more than five
percent (5%) of any project area to be land-
scaped.
(f) Review./he Administrative Official may recon-
sider plans for amendments after they have been
approved if problems arise in carrying out the
landscaping/site plan as originally approved.
(Ords. 1132, 1527-93, 1886-2000)
14.25.045 Site plan--Performance criteria.
(a) Objectives. An effective site plan should utilize
a variety,, of techniques for achieving the intent
of this chapter. The appropriate placement or re-
tention and improvements of buildings, parking
lots, etc. should be considered on the site plan.
(b) Buildings. A commercial or industrial use
housed in the building is to be compatible with
the surrounding properties, land use plan, and
not be hazardous to the health, safety and wel-
fare of citizens.
(c) Special Permits. The site plan shall list any spe-
cial permits or approvals which may be required
for completion of the project.
(d) Parking Lots. Parking lots referenced on the site
plan shall comply with KMC 14.20.250.
(e) Snow Storage/Removal and Drainage. Snow
storage/removal and drainage as referenced on
the site plan shall be compatible with the sur-
rounding area.
(Orals. 1191, 1886-2000)
14.25.050 Approval.
The Administrative Official shall review and
take action on a landscaping and site plan within
fourteen (14) days of satisfactory submittal. The
(Kenai. Supp. No. 82. 1-18-03) 298
-
14.25.050
Building Official shall issue a building permit upon
approval of the associated landscaping/site plan or
the expiration of fourteen (14) days without official
action, providing all of the other requirements for
the issuance of a building permit have been met.
Any appeal of the action of the Administrative
Official shall be in accordance with KMC
14.20.290. (Ords. 1132, 1161, 1527-93, 1886-2000)
14.25.060 Completion--Landscaping plan.
All required landscaping as presented in the ap-
proved landscaping plan shall be installed prior to
the issuance of the certificate of occupancy. In the
event that the landscaping has not been completed
upon request for the certificate of occupancy, the
Building Official may grant a temporary certificate
not to exceed nine (9) months. (Ords. 1132, 1149,
1527-93, 1886-2000)
14.25.065 Completion---Site plan.
All requirements as outlined in Section
14.25.045 shall be installed according to the site
plan as approved by both developer and the Admin-
istrative Official. All restrictions cited in Section
14.25.060 shall apply to this chapter. (Ords. 1132,
1527-93, 1886-2000)
14.25.070 Modifications.
Whenever there are practical difficulties in
can3,ing out .the provisions of this chapter, the
Building Official my grant minor modifications for
individual cases, provided the Building Official
f'mds that a special individual reason makes the
strict letter of this ordinance impractical and that the
modification is in conformity with the intent and
purposes of this ordinance. (Ords. 1077, 1132, 1149,
1574-93)
14.25.080 Expiration.
If construction of the project has not started
within 180 days of approval of the landscaping/site
plan, the approval shall lapse. (Ords. 1132, 1149)
14.25.090 Penalties.
Penalties for non-compliance with this chapter
shall be as set forth by KMC 14.20.260. (Ords.
1132, 1240)
14.25.100 Definition--Landscaping.
"Landscaping" means the treatment of the
ground surface with live planting materials, includ-
ing but not limited to, trees, shrubs, grass, ground
cover or other growing horticulun-al material. Other
materials such as wood chips, stone, or decorative
rock may also be utilize~. A list of recommended
landscaping materials shall be provided by the City
of Kenai. (Ord. 1037)
298-1
17.10.335 Landscaping.
.z
Page 1 of 3
Title 17 ZONING
Chapter 17.10 SOLDOTNA ZONING CODE
17.10.335 Landscaping.
A. Intent. Landscaping required under this section is intended to enhance the community
environment and visual character and to provide attractive and functional separation and screening
between uses.
B. When Required. Landscaping shall be provided according to the general and specific standards in
this section in the following situations:
1 ) When new permitted structures are erected or altered in the following zoning districts, with the
exception of single-family, two-family, and three-family dwellings: Multi-Family Residential, Limited
Commercial, Commercial, Parks and Recreational, Institutional, and Industrial;
2) For all parks and day-use playgrounds in any district; and
3) When single-family, two-family, or three-family dwellings are changed to any other use in any non-
residential district.
C. Special Definitions. The following special definitions shall apply:
1 ) "Ground cover" means any landscaping treatment intended to retard weed growth or provide
erosion control in a landscaping bed. Ground cover may include Iow growing plants (such as
grasses), mulch, landscaping rock, or other approved materials.
2) "Landscaping bed" means an area in which landscaping treatment is planted or placed, and may
include mounds and berms. Where only width is specified, a landscaping bed shall extend the full
length of the property line along which it is required, exclusive of driveways and other ingress and
egress openings.
3) "Landscaping rock" means any washed, natural rock which is 1 inches to 4 inches in diameter and
used as ground cover; any washed, natural rock which is 18 inches in diameter or greater and used
as a landscaping feature; or any commemially colored rock intended for landscaping use.
4) "Mulch" means any dead vegetative matter used as a ground cover and intended for retarding
weed growth, controlling erosion, or conserving moisture (such as bark mulch).
5) "Net interior area" means the entire interior area of a property, exclusive of structures, driveways,
pedestrian pathways, and parking areas.
D. Application Procedure. A site plan that includes a landscaping plan shall be prepared as required
in Section 17.10.415, Site Plan Review, and an application shall be submitted for approval as
required in Section 17.10.420, Zoning Permit.
E. Waivers and Modifications. The specific standards in subsection G, below, may be waived or
modified upon findings that such waiver or modification shall substantially comply with the objectives
of the specific standard being addressed and comply with the intent and general standards of this
section and the zoning code. The granting of a waiver or modification shall follow the procedures
found in Section 17.10.420, B.4, Zoning Permit.
F. General Standards. The following general planting standards shall apply:
1 ) Hardiness- All trees, shrubs, or other vegetation in the required landscaping shall be of a stock
rated as hardy for this climatic zone;
2) Caliper- All deciduous trees planted as required landscaping shall be a minimum 1 1/2 inch
caliper;
3). Grass seeding- All grass seeding included in a required landscaping plan shall be of native grass
stocks or lawn seed mix intended for this climatic zone. Gross seeding shall occur between May 15-
August 15, or as determined by the Administrative Officer;
4) Natural vegetation- Natural vegetation may be used in place of any or all of the required
landscaping if the Commission determines it meets the intent of this section;
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5) Parks and playgrounds- Not withstanding the other requirements of this section, the landscsping
in parks and playgrounds shall be designed not to obscure the ability to see by those who are
attending children at play; and
6) Maintenance- All landscaping required to meet the minimum standards of this section shall be
continuously maintained to meet these standards.
G. Landscaping Types and Specific Standards. In addition to the general standards, additional
standards are required to be met for each of the following landscaping types:
1 ) Interior enhancement landscaping provides visual relief from structures and paving, and provides
areas for storm water percolation and pervious snow storage. The net interior area of properties
within zoning districts which are required to have landscaping (exclusive of structures, driveways,
pedestrian pathways, and parking areas) shall meet all of the following minimum standards:
a. Ground cover- 100 percent ground cover within 3 years of planting and continuous maintenance
so them will be no exposed soil;
b. Trees- At least 1 planted tree for every 500 square feet of net intedor area. Evergreen trees shall
be a minimum of 5 feet in height at planting;
c. Shrubs- At least 1 for every 100 square feet of net interior area. Shrubs shall be a minimum 12
inches in height at planting; and
d. Minimum interior landscaping- Properties which exceed 1 acre in size shall have a minimum net
interior landscaped area of at least 5 percent, exclusive of other minimum landscaping required by
this section. The intent of this requirement is to create visual relief within large developed areas.
2) Street right-of-way landscaping softens the impact of land uses along street rights-of- way, but
does not obscure land uses from sight. Properties within zoning districts which am required to have
landscaping and which are adjacent to municipal street rights-of-way shall have landscaping beds
which meet all of the following minimum standards; except where properties am adjacent to State of
Alaska rights-of-way, the Administrative Officer may approve alternatives which meet the intent of
this section but protect landscaping from winter maintenance damage.
a. Landscaping beds- Minimum of 10 feet in width along the entire length of property lines which
adjoin street rights-of-way, exclusive of driveways and other ingress and egress openings;
b. Ground cover- 100 percent ground cover of the landscaping bed within 3 years of planting and
continuous maintenance so them will be no exposed soil;
c. Trees- Evergreen trees and/or deciduous trees planted at average intervals in the landscaping
bed no greater than 10 feet on center and a minimum of 4 feet in height at planting;
d. Shrubs- At least 1 for every 25 square feet in the landscaping bed. Shrubs shall be a minimum 12
inches in height at planting.
3) Buffer landscaping serves to separate Iow to medium density residential districts from higher
density residential and non-residential districts and minimizes the effects of one land use on the
other. Properties within zoning districts which are required to have landscaping and which are
adjacent to residential districts shall have landscaping beds which meet all of the following minimum
standards:
a. Landscaping beds- Minimum of 10 feet in width along all property lines which adjoin residential
districts, exclusive of driveways and other ingress and egress openings. A 6 feet high cedar or
redwood fence or masonry wall may be used in place of 5 feet of the required bed width. The
remaining 5 feet of landscaping bed shall be outside of the fencing or wall;
b. Ground cover- 100 percent ground cover within 3 years of planting and continuous maintenance
so them will be no exposed soil;
c. Trees- Evergreen and/or deciduous trees planted at average intervals in the landscaping bed no
greater than 10 feet on center. Evergreen trees shall be a minimum 6 feet in height at planting and
deciduous trees shall be a minimum 8 feet in height at planting, with no more than 50 percent being
deciduous;
d. Shrubs- At least one for every 50 square feet in the landscaping bed and a minimum 18 inches in
height at planting.
4) Screening landscaping obscures the sights and softens the sounds from mobile hOme parks,
industrial uses and parking areas. Properties within the Industrial District and all parking areas
http ://municipalcodes.lexisnexis.com/codes/soldoma/_DATA/TITLE 17/Chapter_l 7_10_SOL... 8/10/2005
17.10.335 Landscaping.
Page 3 of 3
adjacent to residential districts shall have landscaping beds which meet ali of the following
standards:
a. Landscaping beds- Minimum 10 feet in width along the entire length of property lines which adjoin
residential districts, exclusive of driveways and other ingress and egress openings. A 6 foot high
cedar or redwood fence or masonry wall may be used in place of 5 feet of the required bed width.
The remaining 5 feet of landscaping bed shall be outside of the fencing or wall;
b. Ground cover- 100 percent ground cover within 3 years of planting and maintained continuously
so there will be no exposed soil;
c. Evergreen trees- Minimum of 6 feet in height at planting and planted in a minimum of two, equally
staggered rows. The completed project as viewed from the adjoining residential district shall appear
to have a tree every 5 feet;
d. Shrubs- .At least one for every 25 square feet in the landscaping bed and a minimum 12 inches in
height at planting.
H. Residential lot tree and shrubs coverage. No owner, occupant or other person may remove trees
or shrubs from an unimproved residential zone lot where such removal will result in less than 15% of
the lot area having existing trees or shrubs. The Planning Commission may authorize removal of
trees to a lesser lot coverage if construction of a structure cannot be conveniently accomplished
without such removal, but only on the condition that a replacement plan is submitted and security to
insure completion of that plan has been posted. Replacement trees and shrubs shall meet the
requirements of SMC 17.10.335 F of this section for caliper and hardiness and shrubs shall be a
minimum of 12" height and evergreen trees a minimum height of five (5) feet at the time of planting.
The Planning Commission may also authorize removal of more trees or shrubs as part of an overall
landscape development plan that enhances, improves, restores or stabilizes property. (Ord 698,
1999)
I. Installation of Landscaping. Landscaping shall be installed prior to the issuance of a final
Certificate of Occupancy. In the event landscaping installation must be delayed due to seasonal
masons, a date certain for installation of the landscaping shall be established by the Administrative
Officer. That date certain shall be the earliest date possible for completion of the landscaping
installation.
J. Landscape Guarantee. Prior to the approval of any building permit, a cash security in an amount
equivalent to the value of the landscaping work or a warranty from a bonded, licensed landscaping
contractor shall be submitted to the .Administrative Officer to guarantee installation and maintenance
of required landscaping. The security shall be released upon satisfactory landscaping installation in
accordance with the landscaping plan and continued maintenance for a term of 1 year. (Ord. 692 §
1, 1999)
http://municipalcodes.lexisnexis.com/codes/soldomaJDATA/TITLE17/Cha~ter 17 10 SOL... 8/10/2005
VOTE:
MOTION PASSED.
Glick informed the public of the 1 S-day appeal period and that appeals would need to
be in writing and submitted to the City Clerk.
5 =d.
PZ05-36- An application to rezone the property known as a portion of
Section 33 S 1/2 S 1/2 SW ¼ Lying South of the Kenai Spur Highway
{also known as Lawton Acres- 10095 Kenai Spur Highway) from
conservation to limited commercial. Application submitted by Linda L.
Snow, City Manager, City of Kenad, 210 Fidalgo Avenue, Kena/, Alaska.
Kebschull reported-
* The identified area as the green strip between the city proper and the
Kenai Central High School and Challenger Learn/rig Center.
* The application was submitted by the City of Kenai and was to rezone a
portion of the area, beginn/ng at the intersection of Lawton/Walker and the Kenai
Spur Highway to the gully.
· Offered a history of the attempts to rezone the area and noted, currently,
due to some interest for purchasing a piece of the property for development, council
· · . ,
requested a re~zo_n~ g app,licati.on be subnntted for Limited Commercial Zone.
· x ne ~;omprenenmve Plan identifies the property as conservation, however
it also notes, where it is appropriate, the city should consider re-designating areas
currently zoned for conservation to conform with expected uses.
· The Comprehensive Plan notes neighborhood concerns related to areas
close to residential areas being rezoned or conditional uses allowed, particularly close
to the Spur Highway.
* The city is known as a lineal growth pattern for commercial use and
businesses believe they need visibility from the Spur Highway to exist.
* It' ' · · ·
meet the needs ~fSorbceo~e~v~e~b~~_s~ati°n' the rezone to_ Limited Commercial would
--~..,..~,~u u~v~opment which meets the limited commercial
requirements and preserves separation from the residential areas (this property is
separated by Lawton Drive).
· The limited commercial zone includes specific development requirements,
including buffer landscaping and also limits structures to 3,000 square feet.
* It was her recommendation the rezoning would meet the Comprehensive
Plan and the Kenai Municipal Code for an amendment and believes it would be a
positive compromise to meet the development needs of the city and preserving space
and provid/ng separation between commercial and residential areas.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
Public hearing was opened.
Roy Wells, 410 Lawton Drive, Kenai-- Wells stated his objection of the rezone and
noted his concerns as alleyway requirements, the Kenai Economic Development
Strategy recommending avoidance of sprawl and concentrating business development
to the downtown area; and, building new buildings and causing a higher number of
abandoned buildings. Wells also reputed comments in a recent letter to the editor
indicating the property owners in the area thought positively of the Proposed rezone.
William Nelson, 209 Susieana Lane, Kenai-- Comments included: · Wants it to stay zoned Conservation as it was set aside.
· He is not opposed to new business, but doesn't feel it is the right place or
time to install that business (Kiel).
· The area is ~a nice buffer between Lawton and the neighborhood.
Carol S. Baumer, 411 Rogers Road, Kenai-- Referred to the Comprehensive Plan:
* Pages 26 and 30, related to the city center and Millennium Square.
· Page 34, related to Kenai residential subdivisions.
· Page 36, related to abandoned business areas/commercial strip
development.
· Page 39, related t~ integrating open space with neighborhoods (visual
appeal, neighborhood identity, enhance residential property values, etc.).
Janice Magee, 218 Susieana Lane, Kenai -- Co_m_ments included:
· Is very supportive of business in the community.
· Children use the area for biking, running, playing basketball.
* For the safety of the children in the area, requested voting against the
rezone.
Jim Blythe, 422 Lawton Drive, Kenai -- Comments included:
· Lives at the comer of Rogers and Paula.
· A lot of noise from the highway is blocked from the area due to the
wooded lots included in Lawton Acres.
· People use the area for walking, biking, jogging, rollerblading, etc.
· Would hate to see the increase in traffic that will probably occur.
· He objects to the rezone.
Gina Kiel, 404 Lawton Drive, Kenai-- Comments included:
· Is a resident of the area and is a potential business owner in the area.
· She is the closest resident to the area being requested to be rezoned.
· Assumed the Lawton Acres property was zoned commercial when she
built her house and assumed at some time, business would move into the area.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 11
* She was the quote in the newspaper article and had some neighbors tell
her they supported the rezone in order for adding to the development in Kenai.
* She did not go door to door to ask opinions and she did not have anyone
corning to her door to discuss the issue.
· After the lirrdted commercial zone was set, she didn't think there would
be a problem.
· She and her husband have been looking for two years for a site for a
business, checking abandoned buildings, property availability, etc. and found nothing
suitable.
* Supports the rezone of the property and would even if she was not
interested in building there.
Jerry Carlson, 105 Paula Street, Kenai -- Read from a letter signed by Wanda
Carlson, his wife:
To'
Kenai City Council and Planning & Zoning Commission.
As a homeowner in a subdivision known as Inlet View, I am against any and all
clearing, destruction and construction on or in the green strip. There are many
locations vacant between McDonald's and the Moose Club and also on the streets
connecting with the Kenai Spur. These could house a beauty salon.
Our noise pollution has increased greatly during the past 33 years, we have lived there
33 years. 'We need to maintain the existing buffer in order to prevent further
destruction.
Thank you. Wanda R. Carlson, 105 Paul Street, Kenai.
Ron Fulltnck, 424 Lawton Drive, Kenat-- Comments included:
· Purchased their home 13 years ago and were told the area was zoned
Conservation.
* They want to keep the buffer between the highway and Lawton.
Mike Beck, 406 Lawton Drive, Kenai -- Comments included (submitted a packet of
information with pictures of available property and a letter)'
* A premise for developing the area had been s~ated as being visible,
particularly from the Spur Highway.
* Identified properties within 1/3 of mile from Lawton Acres and included
them in the packet of information distributed.
* He questioned the logic of developing Lawton Acres when there are so
many available properties/buildings within 1/3 of mile of the area.
Greg Daniels, 426 Rogers Road, Kenai -- Comments included.
· He and his wife have lived there for 25 years.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 12
· Noise is increasing and the area has developed around them (junior high
school, golf course, Oilers Park, space center, large high school, five subdivisions,
hockey rink, etc.).
· Cutting down trees would increase noise abatement and allow noise from
the city property to filter through to all residents of three or four subdivisions and
open it up to other problems.
· Thinks there is land in the city to fit the limited commercial zone, but
believes this is the wrong parcel.
· Thinks the area zoned Conservation since 1985 should remain in
conservation as he believes it is needed much more now than before 1985.
· Reading from the staff recommendation, he did not believe the area is
'surplus" land and is needed for a buffer for privacy for the subdivisions, safety of
children, noise abatement, wildlife, etc.
· Believes their property values will be affected by the development of the
area.
· Is particularly against urban encroachment in this area.
· Would like to see the city grow within and not linearly and would rather
see a centrally located Kenai.
· People service-type businesses don't need visibility from the street.
· There will be an increase of traffic.
· Keep the green strip as a separation from downtown Kenai.
Daniels distributed pictures of the area during different months of the year. Bryson
explained Linda Snow submitted the application for rezone on behalf of the Kenai City
Council and the staff report/recommendation was prepared by City Planner
Kebschull.
Bill Osborn, 423 Rogers Road, Kenai-- Comments included:
· Same concems expressed by Daniels and others.
· Has lived in the area since 1969.
· Believes the green strip is an asset to the city.
· Walked Inlet Woods Subdivision with two other residents and 90% of the
homeowners they spoke with strongly opposed the rezoning.
Kathy Watson, 308 Hailer, Kenai -- Comments included:
· If there are animals, wildlife, children playing, and noise, the residents
would want someone to keep the animals out of the area.
· Where she lives, there are trees, but there is still noise from the airport --
development of the area would absorb some of the noise (in the Lawton Acres area)
and keep the wildlife away from the children.
Betty Osborn, 423 Rogers Road, Kenai -- Comments included:
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 13
· Wants Lawton Acres left as a conservation zone because of the children
playing, traffic from the high school, noise from the highway and noise from the
airport.
· Very concerned about the noise it will cause.
· The core of Kenai should be kept in the core of Kenai; there are empty
buildings available; she felt there are other suitable sites.
Tom Thompson, 111 Paula Street, Kenai-- Comments included:
· The six lots proposed for rezoning, and if the rezone is approved, the lots
would be developed and populated with businesses, but thinks it would be detrimental
to the welfare and safety of the community.
· Thinks it is a bad idea-- it was in 1986 when it development of the area
was first proposed, and it still is.
Bill Munson, 215 Susieana Lane, Kenai-- Comments included:
He's a new homeowner in Inlet Woods (under a year).
There are children using the area for biking.
· There is a lot of wildlife in the area.
· Concerned about property values being affected.
· One reason he bought in that area was because he believed Lawton Acres
would remain a conservation zone.
He is against the rezone.
Nate Kiel, 404 Lawton Drive, Kenai -- Comments included.
· Respect and appreciated the comments offered.
· He and his wife were encouraged by the City of Kenai to pursue the area
for development.
* Feels it would be a win/win situation.
· Didn't go door-to-door, but have had people approach him about the city
opening property for development.
· His wife (Gina Kiel) submitted 25 letters from city residents in favor of
the rezoning, inclu~g neighbors directly in the area as well as other close
neighborhoods.
· The proposed zone is not a half-baked idea to promote business at the
expense of environment and residential neighborhoods.
· Administration worked diligently to initiate a new limited commercial
zone in the city, designed to .promote low-density commercial and professional
business without negatively xmpac~g residential areas.
· The new zone limits the scope of development that may occur and
provides for buffers and restrictions for new businesses in the area.
bring ~ Immediate economic benefits, including diversification of the economy;
more tax revenue; bring income from land sales; existing businesses would
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 14
benefit from indirect sales; enhancement of the BLT (Buy Local Today) program;
stronger Chamber of Commerce; a greater cash flow; and, would expand services and
retail economy throughout the city.
In response to newspaper articles and quotes/misquotes, Kiel responded:
· The City should not subsidize land sales -- No one has offered them a
sale that would mean the city would be subsidizing a sale to them.
· Should not clear cut -- He lives in Kenai because it is more esthetically
pleasing and more to offer; no one has proposed clear-cutting as there are restrictions,
requirements for buffers, etc.
· Should encourage renovation of existing structures -- Though he agrees,
owners have to want to renovate, fred it profitable to accommodate prospective buyers,
etc.
· This would not be 'sprawl' as there are current businesses on the north
side of the Spur Highway.
· There's a significant buffer between the drainage to Rogers Road and the
Challenger Center/multipurpose facility. It's much closer to food franchises, etc.
· There has been public testimony at both the council and commission
levels supporting the rezone.
· Thinks the 60-62' area between the property and the sidewalk is
sufficient.
Would be in support of the rezone even if he did not win the competitive
bid.
Kristine Schmidt, 513 Ash Avenue, Kenai -- Comments included:
· Believe the council indicated they were interested in a head count on the
issue and urged people to testify.
· Opposes the development as she did 20 years ago for the same reasons.
· She took pictures of empty and 'for sale' properties in Kenai and
submitted the pictures (found four in one-half hour).
· The finding in the Comprehensive Plan states, "...Kenai is fortunate to
have an ample inventory of privately-owned vacant land suited for its future
demands."
· Considers it a spot zoning request.
· Strip development in that area has been turned down twice because, she
felt, people in the community do not support strip development.
· Nothing has changed in 20 years as far as the reasons why people do not
want the area developed.
· Didn't think the city properly complied with the public posting
requirements (not the required amount of signs posted).
· There are a number of areas in the Comprehensive Plan that would not
support the development.
· Development of the area would be contrary to the latest airport land
study and consultant's report (stop selling airport land and begin leasing it).
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 15
· Development would be contrary to the KEDDS report (included in its
goals is the desire to cut down on strip development and revitalization of the
downtown area and support existing businesses).
· There is no evidence or statistics in the report to support the statement
that businesses believe, in order to survive, they must be visible to traffic.
* Doesn't believe the city needs to do the development; money is available
in the Airport Land Fund.
Pete Hansen, 418 Rogers Road, Kenai -- Comments included:
· Has lived at this address for 32 years.
· He participated on the KEDDS Committee.
* KEDDS report includes a goal to put together a basic design for
Millennium Square, develop a common ground on a portion of the 21 Acres for small
businesses, and develop a business center in Kenai.
· Hopefully in time, there will be more focal orientation of small businesses
in an area where people can walk to them instead of driving.
Public hearing was closed.
MOTION:
Commissioner Bryson MOVED to recommend approval of the rezoning from
Conservation to Limited Commercial of a portion of Section 33 S 1/2 S 1/2 SW ¼
Lying South of the Kenai Spur Highway. Commissioner Eldridge SECONDRD the
motion.
Amen noted the following:
· The meeting received a lot of good information from the neighbors and
those affected by the pr°posal.
· Concerns expressed were quality of life, value of homes, noise, etc.
* Appreciation of the work put into developing a 1/mited commercial zone,
including limited square footage of buildings, buffer zones, etc.
Question before the Commission is whether this would be the correct
application for the use of the zone for this particular property.
match'· He appreciated the input and from it, learned this probably is not a good
Eldridge noted the following:
· Appreciated the input from the public.
· Unfortunate the use of a limited commercial zone was not advertised
more because it was designed to be a buffer development.
*- From the testimony, he felt this probably would not be the time to or the
place to use the lin~ted commercial zone.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 16
Bryson noted the following:
· He is supportive of the concept for a limited commercial zone.
· Did not think this was the tract with which to apply it, even prior to the
testimony given.
· For persons who live relatively close to the highway, noise is a major
issue and gets worse in the wintertime and the proposed lots would not be able to be
developed without clearing a major portion of the buffer.
· Would not support the motion.
Amen noted a comment made related to concern about driveways crossing where
people now walk. He asked if all the road access would be toward the highway.
Kebschull explained, that would be a platting issue. She noted, a preliminary plat was
provided to the public, but no fmal decisions had been made as to development
options.
VOTE:
Hammelman Absent
Eldridge No
[ Glick No
Bryson
Amen
No Twait No
No Barrett Absent
MOTION UNANIMOUSLY FAILED.
Glick noted, the actions could be appealed within 15 days.
submitted to the city Clerk.
Letters of appeal must be
BREAK TAKEN: 9:05 P.M.
BACK TO ORDER: 9:14 P.M.
ITEM 6: OLD BUSINESS-- None.
,
ITEM 7:
NEW BUSINESS
PZ05-38 -- An application for a Home Occupation Pe _rrn_Jt for a daycare
for the property known as Lot 3, Yragui Subdivision (503 Candlelight
Drive), Kens. i, Alaska. Application submitted by Carolyn Barnes, 503
Candlelight Drive, Kenai, Alaska.
Approved by consent agenda.
Discussion/Recommendation -- Kenai River Center Project #5767 - An
application submitted by Gordon GfifYm, Kenai Golf Course, to withdraw
approximately 300 gallons of water a day from Boat Launch Creek for
watering golf greens.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 17
7.15.010
Chapter 7.15
PURCHASES AND SALES
Sections:
7.15.010
7.15.020
7.15.030
7.15.040
7.15.045
7.15.050
7.15.060
7.15.070
7.15.080
7.15.090
7.15.100
7.15.110
"Contractual services" defined.
Made by whom.
When prior approval by
Council is required.
Competitive bidding.
Local preferences.
Purchases, when competitive
bidding not required.
Sales, surplus, competitive
bidding.
Sales, when competitive
bidding not required.
Telephone polls---Au~o~,
procedure, recordation.
Purchases and sale: ~ Certain
City officers.
Setting fee schedules.
Offset against delinquent taxes.
7.15.010 "Contractual services" defined.
"Contractual services," for the purpose of this
chapter, shall mean services performed for the City
by persons not in the employment of the City, and
may include the use of equipment or the furnishing
of commodities in connection with said services
under express or implied contract. Contractual set-
vices shall include: travel, freight, express, parcel
post, postage, telephone, telegraph, utilities, rents,
printing and binding, repairs, alterations, and main-
tenance of buildings, equipment, streets, bridges,
and other physical facilities of the City, and other
services performed for the city by persons not in the
employment of the City. (KC 7-33)
7.15.020 Made by whom.
All purchases of supplies, materials, equipment,
and contractual services for the offices, departmentS',
and agencies of the City government shall be made
by the City Adminiswator or by other City personnel
121
in accordance with purchase authorizations issued
by the City Administrator. (KC 7-34)
.15.030 When prior approval by Council
is required.
(a) Every contract for or purchase of $2,500 or
more of supplies, materials, equipment, or con-
tractual services shah require the prior approval
of the Council. The only exceptions will be:
(1) Utilities bills (electricity, gas, fuel, and
telephone);
(2) City's routine investment purchasing;
(3) Monthly payments for payroll deductions
(i.e., income tax, F.I.C.A., retirement, and
fringe benefits), including both
employer's and employee's share;
(4) Authorized debt;
(5) Monthly contracted janitorial service.
(b) All such exceptions will be paid when they fall
due and payments will be ratified by Council
at the next regular Council Meeting.
(._KC 7-35; Ords. 223, 242, $41, 840, 1625-95)
7.15.040 Competitive bidding.
(a) Before any purchase of, or contract for, sup-
plies, materials, equipment, or contractual ser-
vices are made, the City purchasing authority
shall submit to at least three (3) persons, firms,
or corporations dealing in and able to supply
the same, or to a smaller number if there are
not three dealing in and able to supply the
same, a request for quotation (or invitation to
bid) and specifications to give them oppommity
to bid; and/or publish notice of the proposed
purchase in a newspaper of general circulation
within the City.
(b) The purchase of, or contract for, supplies,
materials, equipment, or contractual services
subject to paragraph (a) above, shall be award-
ed to the most responsible bidder pursuant to
paragraph (f) below.
(c) When such purch~es are to be made from
federal or State grant funds, aay and all coadi-
tioas, provisions, or requirements which may
be necessary to comply with the requisite Fed-
- 7.15.040 -
eral or State laws, rules, or regulations with
respect to such grants may be inserted in the
bid and contract documents, and will be com-
plied within the award of the bid for such
purchases.
(d) All bids shall be sealed and shall be opened in
public at a designated time and place.
(e) The purchasing authority may repeatedly reject
all bids and again may submit to the same or
other persons, f'u'ms, or corporations the request
for quotation (or invitation to bid) and/or again
publish notice of the proposed purchase.
(f) The City purchasing authority shall purchase
from the lowest responsible bidder, basing a
determination on responsibility of the bidder on
the following factors: adherence to the bid
specifications, quality, proposed terms of deliv-
ery, any additional cost to the City that would
be inc~ due to location of the bidder, per-
formance record, financial capability, and com-
pliance with conditions imposed in the solicita-
tion for bids. If after consideration of the bids,
bidder responsibility, the purchasing authority
determines that two (2) or more bidders are
equally competitive, he may purchase from one
such bidder or may divide the purch~e among
them, but always accepting the bid or bids
most advantageous to the City.
(KC 7-36; Ords. 600, 695, 978)
7.15.045 Local preferences.
(a) In awarding competitive bid purchases or con-
struction contracts under KMC 7.15.040, pref-
erence may be given to an otherwise qualified
"local bidder" unless such preference is prohib-
ited by tho funding source.
(b) For purpose of this section, a "local bidder" is
a person who:
(I) Holds a current state business license, and
in addition for construction contracts,
holds a currenL appropriate state
contractor's registration certificate;
(2) Submits a bid for a competitive purchase
or construction contract under the name
as appearing on the person's license and,
where applicable, a certificate;
(3) Has continuously maintained a physical
place of business within the Kenai Penin-
sula Borough staffed by the bidder or an
employee of the bidder for a period of
one hundred eighty (180) days immedi-
ately preceding the date of the bid open-
ing. Bidder must prove comp~ with
this requirement to the City's satisfaction.
Mere maintenance of a mail box or tele-
phone answering service, for example, is
not sufficient to comply with this provi-
sion; and
(4) If a joint venture, is composed entirely of
venturers that qtmlif3r under this section.
(c) An award shall be made to the lowest responsi-
ble bidder pursuant to KMC 7.15.040(0 of this
chapter as applicable, except that a bid may be
awarded to a local bidder if the local bidder's
bid is not more than five percent (5%) higher
than the lowest responsible non-local bidder's
bid; provided, however, such preference shall
never exceed twenty-five thousand dollars
($25,0~.00), and finxher provided that the
other provisions of KMC 7.15.040(0 of this
chapter as applicable, have been met and the
City chooses to award the bid. This preference
will not be granted where the City uses non-
competitive purchasing as provided in KMC
7.15.050 of this chapter.
(Ord. lS75-2000)
7.1S.0~0 Purchases, when competitive
bidding not required.
The following may be purchased without giving
an oppommity for competitive bidding:
(1) Supplies, materials, equipment, or conwactual
services whose cost does not exceed $10,000
in a single transaction;
(2) Supplies, materials, equipment, or conwacmal
services which can be fumish~ only by a
single dealer or which has a uniform price
wherever bought;
(I~mi 12-1-00)
122
(3) Supplies, materials, equipment, or
contractual services purchased from another
unit of government at a price deemed below
that obtainable from private dealers,
including war surplus;
(4) Contractual services purchased from a
public utility corporation at a price or rate
determined by State or other government
authority.
(5) Professional services. Professional services
means those advisory, consulting,
architectural,management, engineering,
research or development services that
involve the exercise of discretion and
independent judgment together with an
advanced or specialized knowledge,
expertise or taming gamed by formal
studies or expenenee. Examples of
professional services include, but are not
limited to, accountants, architects,
appraisers, engineers, facilities management,
land surveyors, auditors, medical services,
f'mancial consultants, attorneys, planning
consultants, economists, computer
programmers and system analysts, insurance
consultants and risk analysts, insurance
providers and other specialized consultants.
(6) Supplies, materials, equipment or
contractual services purchasable under the
(contract of another governmental agency in
which contract the City is authorized to
· participate.
KC 7-37; Ords. 203,464, 541,872, 2012-2003)
7.15.055 Competitive sealed proposals for
constrn~on.
a) When the use of competitive sealed
bidding for construction projects is
either not practicable or not
advantageous to the City, a contract may
be entered into by use of the competitive
sealed proposals method.
b) Proposals shall be solicited through a
request for proposals.
c) When the City Council determines that
it is advantageous to the City, the City
may issue a request for proposals
requesting the submission of offers to
provide construction in 'accordance with
a design provided by the offeror.
d) Adequate public notice of the request
for proposals shall be given in the same
manner as provided in KMC
7.15.040(a), provided the minimum time
shall be thirty (30) calendar days.
e) A register of proposals shall be prepared
containing the name of each offeror, the
number of modifications received, if
any, and a description suffici~t to
identify the item offered.
0 The request for proposah shall state the
relative importance of price and other
evaluation factors.
g) As provided in the request for proposals,
discussions may be conducted with
responsible offerors who submit
proposals determined to be reasonably
susceptible of being selected for award
for the purpose of clarification to assure
full understanding of, and conformance
to, the solicitation requirements,
Offerors shall be accorded fair and equal
trea~~t with respect to any
opportunity for discussion and revision
of proposals and such revisions may be
permitted alter submissions and prior to
award for the pu~ose of obtaining best
and final offers.
h) Award shall be made to the responsible
offeror whose proposal is determined in
writing to be the most advantageous to
the City, taking into consideration price
and the evaluation factors set forth in the
request for proposals. No other factors
or criteria shall be used in the
evaluation. The contract file shall
contain the basis on which the award is
i) Proposals shall be received at the time
and place designated in the request for
proposals, and shall be opened so as to
avoid disclosing their contents to
122.1 (S84--7/26/04)