HomeMy WebLinkAbout2019-11-04 Harbor Commission PacketKENAI HARBOR COMMISSION
REGULAR MEETING
NOVEMBER 4, 2019 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
1. CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
2. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
4. APPROVAL OF MEETING SUMMARY
a. September 16, 2019 .............................................................................................. Pg. 3
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion/Recommendation – Harbor Commission Title 11
b. Discussion – Dock and Harbor Facility Survey Results ........................................ Pg. 7
c. Discussion – Monitoring and Counting Fish from City Beaches .......................... Pg. 35
7. REPORTS
a. Public Works Director
b. Commission Chair
c. City Council Liaison ............................................................................................. Pg. 37
8. NEXT MEETING ATTENDANCE NOTIFICATION – February 10, 2020
9. COMMISSIONER COMMENTS AND QUESTIONS
10. ADDITIONAL PUBLIC COMMENT
11. INFORMATION ITEMS
12. ADJOURNMENT
PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING:
JACQUELYN -- 283-8231 OR, KAYLA -- 283-8236
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KENAI HARBOR COMMISSION
SEPTEMBER 16, 2019 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR MIKE DUNN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Dunn called the meeting to order at approximately 6:00 p.m.
a. Pledge of Allegiance
Chair Dunn led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair M. Dunn, Vice-Chair C. Crandall, B. Peters, G.
Greenberg, C. Hutchison
Commissioners absent: J. Desimone, N. Berga
Staff/Council Liaison present: City Planner E. Appleby, Public Works Assistant K. Feltman,
Council Member J. Glendening
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Peters MOVED to approve the agenda and Commissioner Crandall SECONDED
the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – (10 minutes) None scheduled.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. August 19, 2019
It was noted that the date on the meeting summary needed correcting from June 10, 2019 to
August 19, 2019.
MOTION:
Commissioner Peters MOVED to approve the meeting summary of August 19, 2019 as revised;
and Commissioner Hutchison SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
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____________________________________________________________________________________
Harbor Commission Meeting Page 2 of 3
September 16, 2019
6. NEW BUSINESS
a. Discussion/Recommendation – Assignment of Shore Fishery Lease – Tract Two,
Shore Fishery Plat No. 71
The City Planner provided an overview of the memo and lease assignment as provided in the
packet.
MOTION:
Commissioner Crandall MOVED to approve the Assignment of Shore Fishery Lease; and
Commissioner Greenberg SECONDED the motion.
VOTE:
YEA: Dunn, Hutchison, Greenberg, Peters, Crandall
NAY:
MOTION PASSED UNANIMOUSLY.
b. Discussion/Recommendation – Assignment of Tidelands Lease – Tract B,
Kenai Tidelands Survey No. 2, According to Plat No. 89-2
The City Planner provided an overview of the memo and lease assignment as provided in the
packet.
MOTION:
Commissioner Peters MOVED to approve the Assignment of Tidelands Lease – Tract B, Kenai
Tidelands Survey No. 2, According to Plat No. 89-2; and Commissioner Crandall SECONDED the
motion.
VOTE:
YEA: Hutchison, Greenberg, Crandall, Peters, Dunn
NAY:
MOTION PASSED UNANIMOUSLY.
7. REPORTS
a. Public Works Director – The following was reported:
• The status of the Dock Repair project would be provided at the next meeting;
and
• The design documents for the Peninsula Avenue Bluff Erosion project were
complete and waiting approval from the granting agency to advertise.
b. Commission Chair – No report.
c. City Council Liaison – J. Glendening provided an overview of the actions at the
September 4 Council Meeting and he thanked Commission members for the
focused discussion and questions regarding the shore fishery.
Page 4 of 44
____________________________________________________________________________________
Harbor Commission Meeting Page 3 of 3
September 16, 2019
8. NEXT MEETING ATTENDANCE NOTIFICATION – November 12, 2019
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Crandall requested to have the Personal Use Fishery Report provided to all
Commission members when available and suggested raising the cost of the Personal Use Fishery.
He also asked the status of the U.S. Coast Guard Report.
Commissioner Peters noted he looked forward to the Bluff Erosion project.
Commissioner Greenberg inquired about the survey monkey results surrounding Harbor Use. It
was noted the results would be provided at the next meeting.
Commissioner Dunn addressed ideas around the cost of the Personal Use Fishery. He further
noted interest in discussing how to monitor and count fish coming off Kenai beaches, at the next
Harbor Commission meeting.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
MOTION:
Commissioner Hutchison MOVED to adjourn and Commissioner Peters SECONDED the motion.
There were no objections; SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 6:55 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn LaPlante
Deputy Clerk
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Page 6 of 44
Q2 Where do you live?
Answered: 42 Skipped: 6
#RESPONSES DATE
1 Kenai 7/30/2019 3:53 AM
2 Soldotna 7/27/2019 9:10 AM
3 Kenai 7/14/2019 4:39 AM
4 wasilla 7/11/2019 5:06 AM
5 kbeach 7/10/2019 10:30 PM
6 Kasilof 6/24/2019 6:16 AM
7 oregon 6/11/2019 9:39 PM
8 Kasilof 6/7/2019 11:02 PM
9 ABERDEEN, WA 6/7/2019 10:11 AM
10 K-Beach 6/7/2019 7:30 AM
11 Eagle River 6/7/2019 5:47 AM
12 Kenai Peninsula 6/7/2019 5:42 AM
13 kasilof 6/5/2019 12:19 AM
14 Kenai 5/13/2019 3:23 PM
15 Kenai 5/8/2019 1:00 AM
16 Clam Gulch, Alaska 5/5/2019 4:22 AM
17 Kenai 5/3/2019 8:16 AM
18 36454 pelican road, kenai 5/2/2019 2:38 AM
19 Kasilof 4/30/2019 12:24 PM
20 Kenai 4/28/2019 4:19 AM
21 Kenai 4/27/2019 12:37 AM
22 Kenai 4/26/2019 10:48 PM
23 Kenai Alaska 4/26/2019 10:36 PM
24 Kenai 4/26/2019 7:44 PM
25 Soldotna 4/26/2019 5:09 AM
26 Nikiski ak 4/26/2019 5:05 AM
27 North Kenai and Utah 4/26/2019 2:58 AM
28 Kenai 4/26/2019 12:45 AM
29 Kenai 4/25/2019 10:51 PM
30 53509 Veco Ave, Kenai Alaska 99611 4/25/2019 10:33 PM
31 37033 Minke 4/25/2019 9:41 PM
32 Kenai 4/25/2019 7:46 AM
33 Soldotna 4/24/2019 10:27 PM
34 Sterling 4/24/2019 12:52 PM
35 Soldotna 4/24/2019 12:13 PM
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36 homer 4/24/2019 9:19 AM
37 San Pedro,CA 4/24/2019 7:37 AM
38 Soldotna 4/24/2019 7:29 AM
39 Nikiski 4/24/2019 7:23 AM
40 Vero Beach, Fl 4/24/2019 6:18 AM
41 1307 Kaknu Way Kenai Alaska 99611 4/24/2019 4:10 AM
42 Kasilof 4/24/2019 1:52 AM
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Kenai Harbor & Dock Survey SurveyMonkey
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Q4 What is your occupation?
Answered: 40 Skipped: 8
#RESPONSES DATE
1 Retired 7/30/2019 3:53 AM
2 Oil related 7/27/2019 9:10 AM
3 Commercial fisherman’s wife/bus driver 7/14/2019 4:39 AM
4 Camp manager in the oilfields 7/11/2019 5:06 AM
5 retired fish processor/owner 7/10/2019 10:30 PM
6 commercial fisherman 6/24/2019 6:16 AM
7 comm. fish 6/11/2019 9:39 PM
8 commercial fisherman 6/7/2019 11:02 PM
9 commercial fisherman 6/7/2019 10:11 AM
10 Fisheries biologist 6/7/2019 7:30 AM
11 Commercial Fisherman and Fireman 6/7/2019 5:47 AM
12 Seafood industry 6/7/2019 5:42 AM
13 school secretary 6/5/2019 12:19 AM
14 Retail Manager 5/13/2019 3:23 PM
15 Welder 5/8/2019 1:00 AM
16 Commercial fishermen 5/5/2019 4:22 AM
17 Civil Engineer 5/3/2019 8:16 AM
18 Attorney 5/2/2019 2:38 AM
19 Retired 4/30/2019 12:24 PM
20 Commercial Fishermen/Direct Marketer/Secretary 4/28/2019 4:19 AM
21 Welder 4/27/2019 12:37 AM
22 Fisherman 4/26/2019 10:48 PM
23 VP Peak Oilfield Service Company 4/26/2019 10:36 PM
24 Military 4/26/2019 7:44 PM
25 commercial fisherman 4/26/2019 5:09 AM
26 Equipment operator 4/26/2019 5:05 AM
27 Commercial Fisherman and Commercial Merchant Services for Credit Card Accounts 4/26/2019 2:58 AM
28 Commercial fishermen 4/26/2019 12:45 AM
29 Self employed 4/25/2019 10:51 PM
30 Education 4/25/2019 10:33 PM
31 none 4/25/2019 9:41 PM
32 Clergyman and Commercial Fisherman 4/25/2019 7:46 AM
33 Taxi/ salmon fisherman 4/24/2019 10:27 PM
34 commercial fisherman 4/24/2019 9:19 AM
35 Retired teacher-salmon fisherman 4/24/2019 7:37 AM
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36 Public Safety Dispatcher and Commercial Fisherman 4/24/2019 7:29 AM
37 Teacher, Radio Show Host, Commercial Fisherman 4/24/2019 7:23 AM
38 Land Surveyor 4/24/2019 6:18 AM
39 Airline Cargo Superviser 4/24/2019 4:10 AM
40 Commercial fisherman 4/24/2019 1:52 AM
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Kenai Harbor & Dock Survey SurveyMonkey
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Q5 Who is your employer?
Answered: 38 Skipped: 10
#RESPONSES DATE
1 Retired 7/30/2019 3:53 AM
2 Apple Bus Co/Self 7/14/2019 4:39 AM
3 Doyon remote 7/11/2019 5:06 AM
4 self 6/24/2019 6:16 AM
5 self 6/11/2019 9:39 PM
6 Self employed 6/7/2019 11:02 PM
7 self employed 6/7/2019 10:11 AM
8 I’m injured at this time 6/7/2019 7:30 AM
9 MOA and Self 6/7/2019 5:47 AM
10 N/a 6/7/2019 5:42 AM
11 kpbsd 6/5/2019 12:19 AM
12 AutoZone 5/13/2019 3:23 PM
13 RedLine welding 5/8/2019 1:00 AM
14 Self employed 5/5/2019 4:22 AM
15 Self 5/3/2019 8:16 AM
16 City of kenai 5/2/2019 2:38 AM
17 Was KPBSD 4/30/2019 12:24 PM
18 Self/Kenai Peninsula Borough School District 4/28/2019 4:19 AM
19 RedLine welding 4/27/2019 12:37 AM
20 Nunya enterprises 4/26/2019 10:48 PM
21 Peak 4/26/2019 10:36 PM
22 Army 4/26/2019 7:44 PM
23 Northcrest Inc.4/26/2019 5:09 AM
24 Northern energy service 4/26/2019 5:05 AM
25 Self employed 4/26/2019 2:58 AM
26 Self employed 4/26/2019 12:45 AM
27 Self 4/25/2019 10:51 PM
28 SAIL Academy (private school)4/25/2019 10:33 PM
29 Retired 4/25/2019 9:41 PM
30 Saint Luke Lutheran Church and Self Employed 4/25/2019 7:46 AM
31 Self 4/24/2019 10:27 PM
32 self 4/24/2019 9:19 AM
33 Myself 4/24/2019 7:37 AM
34 Kenai Borough and self employed 4/24/2019 7:29 AM
35 KPBSD, KSRM, Self 4/24/2019 7:23 AM
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Kenai Harbor & Dock Survey SurveyMonkey
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36 None 4/24/2019 6:18 AM
37 Ravn Alaska 4/24/2019 4:10 AM
38 Self 4/24/2019 1:52 AM
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48.57%17
0.00%0
8.57%3
5.71%2
37.14%13
Q6 Are you a member of a harbor related Industry Association?
Answered: 35 Skipped: 13
TOTAL 35
#OTHER (PLEASE SPECIFY)DATE
1 City Council 7/30/2019 3:55 AM
2 Not a member 7/27/2019 9:15 AM
3 South central alaska dipnetters association 7/11/2019 5:12 AM
4 No 5/3/2019 8:24 AM
5 No 4/30/2019 12:27 PM
6 Kenai Peninsula Fishermen's Association 4/28/2019 4:25 AM
7 Set Net 4/26/2019 10:42 PM
8 KPFA 4/26/2019 7:45 PM
9 previous member of KPFA 4/26/2019 5:15 AM
10 None above 4/26/2019 12:53 AM
11 just looking 4/25/2019 9:46 PM
12 Cook Inlet Drift Permit Holder 4/24/2019 7:27 AM
13 None 4/24/2019 4:14 AM
United Cook
Inlet Drift...
Kenai River
Sport Fishin...
Alaska Salmon
Alliance
Harbor
Commission
Other (please
specify)
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
United Cook Inlet Drift Association
Kenai River Sport Fishing Association
Alaska Salmon Alliance
Harbor Commission
Other (please specify)
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Q7 How are you associated with the Kenai Harbor?
Answered: 34 Skipped: 14
#RESPONSES DATE
1 Sport Fish 7/30/2019 3:55 AM
2 Personal use and taxpayer 7/27/2019 9:15 AM
3 We launch for Kalgin island from there 7/14/2019 4:40 AM
4 I and other members dipnet in the Kenai/Kasilof 7/11/2019 5:12 AM
5 Processor is located on Kenai River 6/24/2019 6:19 AM
6 commercial fish boat 6/11/2019 9:42 PM
7 Occasional use over the last thirty years 6/7/2019 11:05 PM
8 I’m not 6/7/2019 7:51 AM
9 I used to use the facilities 6/7/2019 5:49 AM
10 Seafood industry 6/7/2019 5:43 AM
11 Personal use 5/13/2019 3:28 PM
12 We use the harbor/dock to transport material and fish to and from the west side of cook inlet 5/8/2019 1:04 AM
13 Sometimes off and on since it was built for commercial fishing unloading and fueling up 5/5/2019 4:33 AM
14 River Use 5/3/2019 8:24 AM
15 Sport/ personal use 5/2/2019 2:39 AM
16 Just a user 4/30/2019 12:27 PM
17 Live at mouth of River/Sell to a processor in the mouth of the river/Launch my boat the the City of
Kenai Dock
4/28/2019 4:25 AM
18 Fishing 4/26/2019 10:49 PM
19 Used to cross Cook Inlet to access set net sites 4/26/2019 10:42 PM
20 N/A 4/26/2019 7:45 PM
21 We launch and retrieve multiple times per fishing season 4/26/2019 5:15 AM
22 I am a UCI permit holder 4/26/2019 5:08 AM
23 Commercial fishing activites 4/26/2019 3:01 AM
24 Use for sport fish activity and repair boat engines 4/26/2019 12:53 AM
25 I am a member of UCIDA mainly to stay informed on fishing news, I Setnet of the East Side, I do
not use the dock very much, maybe 2-3 times in 10 years
4/25/2019 10:37 PM
26 no 4/25/2019 9:46 PM
27 Utilize during UCI Salmon Season & some recreational 4/25/2019 7:50 AM
28 Moor vessel in river and deliver product in river 4/24/2019 10:30 PM
29 I haul my boat out in Kenai for winter storage 4/24/2019 12:53 PM
30 Resident 4/24/2019 10:04 AM
31 I use it to offload fish 4/24/2019 7:31 AM
32 I utilize the port of Kenai for commercial fishing 4/24/2019 7:27 AM
33 Kenai resident sportfishing and Dipnet 4/24/2019 4:14 AM
34 Delivering fish 4/24/2019 1:55 AM
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Kenai Harbor & Dock Survey SurveyMonkey
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100.00%27
Q8 When did you first use the Kenai Harbor Facilities?
Answered: 27 Skipped: 21
#DATE / TIME DATE
1 07/01/1972 7/30/2019 3:55 AM
2 06/20/1984 7/27/2019 9:15 AM
3 06/01/2019 7/14/2019 4:40 AM
4 07/15/2005 7/11/2019 5:12 AM
5 06/01/2019 6/24/2019 6:19 AM
6 06/26/1980 6/11/2019 9:42 PM
7 05/04/1999 6/7/2019 7:51 AM
8 05/29/2012 6/7/2019 5:49 AM
9 10/28/2018 6/7/2019 5:43 AM
10 04/18/2012 5/13/2019 3:28 PM
11 03/20/2019 5/8/2019 1:04 AM
12 05/01/1980 5/3/2019 8:24 AM
13 05/12/1986 4/30/2019 12:27 PM
14 07/01/1980 4/28/2019 4:25 AM
15 04/25/2019 4/26/2019 10:49 PM
16 05/10/2009 4/26/2019 5:15 AM
17 06/18/2015 4/26/2019 5:08 AM
18 06/01/1965 4/26/2019 3:01 AM
19 04/01/2019 4/26/2019 12:53 AM
20 04/30/1969 4/25/2019 10:37 PM
21 04/15/2000 4/25/2019 9:46 PM
22 05/18/2009 4/25/2019 7:50 AM
23 06/15/1998 4/24/2019 10:30 PM
24 07/11/2012 4/24/2019 12:53 PM
25 09/01/1980 4/24/2019 9:23 AM
26 06/20/2013 4/24/2019 7:27 AM
27 04/15/1984 4/24/2019 4:14 AM
ANSWER CHOICES RESPONSES
Date / Time
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Kenai Harbor & Dock Survey SurveyMonkey
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60.53%23
23.68%9
0.00%0
5.26%2
18.42%7
5.26%2
Q9 What is your primary activity at the Kenai Harbor?
Answered: 38 Skipped: 10
Total Respondents: 38
#OTHER (PLEASE SPECIFY)DATE
1 Sport Fish 7/30/2019 3:55 AM
2 I am usually showing visiting friends and family around the area 4/25/2019 10:37 PM
Commercial
Recreational
Subsistence
Maritime
Transportation
Personal Use
(Dipnet)...
Other (please
specify)
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Commercial
Recreational
Subsistence
Maritime Transportation
Personal Use (Dipnet) Fishery
Other (please specify)
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Q10 How often do you use the Kenai Harbor Facilities for your primary
activity?
Answered: 37 Skipped: 11
5.41%
2
37.84%
14
24.32%
9
18.92%
7
13.51%
5
37
2.97
Never Rarely Monthly Weekly Daily
(no label)
0%10%20%30%40%50%60%70%80%90%100%
NEVER RARELY MONTHLY WEEKLY DAILY TOTAL WEIGHTED AVERAGE
(no label)
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23.53%8
38.24%13
0.00%0
5.88%2
23.53%8
20.59%7
Q11 What is your secondary activity at the Kenai Harbor?
Answered: 34 Skipped: 14
Total Respondents: 34
#OTHER (PLEASE SPECIFY)DATE
1 boat storage, salmon deliveries 6/24/2019 6:19 AM
2 Nothing 6/7/2019 7:51 AM
3 Fuel and transporting materials 5/8/2019 1:04 AM
4 access for clamming/hunting west side of inlet 4/26/2019 5:15 AM
5 There is a rare use for me to use it related to commercial fishing, mainly hauling gear, but it is
easier for me to do this from the beach site.
4/25/2019 10:37 PM
6 just looking 4/25/2019 9:46 PM
7 I commercial fish in cook inlet and offload at snug harbor sometimes 4/24/2019 9:23 AM
Commercial
Recreational
Subsistence
Maritime
Transportation
Personal Use
(Dipnet)...
Other (please
specify)
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Commercial
Recreational
Subsistence
Maritime Transportation
Personal Use (Dipnet) Fishery
Other (please specify)
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Q12 How often do you use the Kenai Harbor Facilities for your secondary
activity?
Answered: 35 Skipped: 13
8.57%
3
57.14%
20
11.43%
4
14.29%
5
8.57%
3
35
2.57
Never Rarely Monthly Weekly Daily
(no label)
0%10%20%30%40%50%60%70%80%90%100%
NEVER RARELY MONTHLY WEEKLY DAILY TOTAL WEIGHTED AVERAGE
(no label)
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67.57%25
32.43%12
Q13 Do you have a need to use the City Boat Launch?
Answered: 37 Skipped: 11
TOTAL 37
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
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Kenai Harbor & Dock Survey SurveyMonkey
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32.43%12
67.57%25
Q14 Do you have a need to buy fuel from the City Dock?
Answered: 37 Skipped: 11
TOTAL 37
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
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40.54%15
59.46%22
Q15 Do you have a need for crane services at the City Dock?
Answered: 37 Skipped: 11
TOTAL 37
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
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Kenai Harbor & Dock Survey SurveyMonkey
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45.95%17
54.05%20
Q16 Would you have a need for crane services at the City Dock if a self-
serve card system was in place such as the Homer Dock?
Answered: 37 Skipped: 11
TOTAL 37
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
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Kenai Harbor & Dock Survey SurveyMonkey
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Q17 How safe are the City Dock and Harbor Facilities?
Answered: 33 Skipped: 15
6.06%
2
21.21%
7
51.52%
17
21.21%
7
33
2.88
Extremely Dangerous Somewhat Dangerous Somewhat Safe
Extremely Safe
(no label)
0%10%20%30%40%50%60%70%80%90%100%
EXTREMELY
DANGEROUS
SOMEWHAT
DANGEROUS
SOMEWHAT
SAFE
EXTREMELY
SAFE
TOTAL WEIGHTED
AVERAGE
(no
label)
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Kenai Harbor & Dock Survey SurveyMonkey
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Q18 What, if any, are the safety issues with the Harbor and Dock
Facilities?
Answered: 22 Skipped: 26
#RESPONSES DATE
1 Float Repair, Dock Repair, P.U. Fishery Crowds 7/30/2019 3:56 AM
2 Extreme concentration of population during dipnetting without adequate facilities; not enough
maintenance when not dipnetting- is docks extended too late in season...
7/27/2019 9:21 AM
3 Idiots not knowing how to be respectful 7/11/2019 5:14 AM
4 mud build up at front of dock 6/24/2019 6:21 AM
5 Too many small recreational boats around the area 6/7/2019 11:12 PM
6 To many boats 6/7/2019 7:52 AM
7 Dippnetters are the danger, people running boats creating wake 6/7/2019 5:51 AM
8 July is crazy 6/7/2019 5:46 AM
9 Lack of patrols 5/13/2019 3:31 PM
10 None that I know of.5/5/2019 5:11 AM
11 No issues at the dock. There are too many mixed sized boats during dipnet season. Can be very
dangerous with large, over, or poorly loaded boats.
5/3/2019 8:25 AM
12 Dip net boats 5/2/2019 2:42 AM
13 Not enough supervision 4/26/2019 10:51 PM
14 None 4/26/2019 10:44 PM
15 Tide and current 4/26/2019 5:11 AM
16 Crowded at times 4/26/2019 1:18 AM
17 I really wouldn't know, my operations are usually quite dangerous anyway, so I am oblivious to it.4/25/2019 10:41 PM
18 Strong eddy currents in front of dock. Danger of running aground due to tides. Dip Net boats
creating large wakes
4/25/2019 8:02 AM
19 Boat wakes and unknowledgeable inconsidserate personal use operates of vessels 4/24/2019 10:34 PM
20 High traffic at times.4/24/2019 10:06 AM
21 The city pulls the launch ramps out in the fall sometimes before I'm done using them to launch my
vessel to go across the inlet
4/24/2019 9:27 AM
22 Dip netters make large wakes and endanger boats that are tied up at the dock. Portions of the
dock become unusable at low tide and make unsafe situations. These areas must be dredged.
4/24/2019 7:35 AM
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Kenai Harbor & Dock Survey SurveyMonkey
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Q19 How can safety and welfare be improved at the Harbor and Dock
Facilities?
Answered: 21 Skipped: 27
#RESPONSES DATE
1 Dredge at dock and boat launch for watercraft maneuverability 7/30/2019 3:56 AM
2 Dock control- better tie up facilities during dipnetting- perhaps an extension North of docks for
waiting boats to tie up (while waiting for either drivers, or for RR facility use)
7/27/2019 9:21 AM
3 Intense scrutiny by city workers directing traffic 7/11/2019 5:14 AM
4 Reduce the number of small recreational boats that are allowed in the area.6/7/2019 11:12 PM
5 Close the dip net fishery 6/7/2019 7:52 AM
6 Have somebody running the facilities 6/7/2019 5:51 AM
7 Not sure 6/7/2019 5:46 AM
8 More police presents on the water 5/13/2019 3:31 PM
9 None that I know of. With the commercial salmon fishing management plans keeping the fishery
restricted and over escaping the rivers I haven’t been in the Kenai River for years because the
management plans restricts us to fishing way South of the Kenai River. Therefore I fish out of
Ninilchik and Kasilof. Plus the fact that the dip net boats are constantly waking the moored
commercial boats is another reason not to go there. I don’t need my boat damaged from dip net
boat wakes plus not being able to sleep on the boat is another reason not to go to the Kenai River.
I started fishing out of the Kenai River for Columbia Wards in the 70s and did so decades. No
more!!!
5/5/2019 5:11 AM
10 Less boat traffic/ speed 5/2/2019 2:42 AM
11 Just the number of workers in the dipnet season 4/30/2019 12:32 PM
12 More buoys 4/26/2019 10:51 PM
13 None 4/26/2019 10:44 PM
14 clear the mud from ramps and set up floating docks earlier in the season and leave them in later in
the fall.
4/26/2019 6:57 AM
15 More infastructure 4/26/2019 5:11 AM
16 Split user groups recreation and commercial into separate facilities because one is familiar with
equipment and use of a dock and the other often is on the bottom end of a learning curve.
4/26/2019 1:18 AM
17 I have young children that fish with me, I would like them to be able to access and be a part of the
docking experience, lets make is safe, but kinds (with supervision) need to be allowed to work the
boats at dock
4/25/2019 10:41 PM
18 Dredging of dock and channel area. More rigorous enforcement of no wake rule and alcohol
consumption onboard
4/25/2019 8:02 AM
19 Reduce boat wakes 4/24/2019 10:34 PM
20 Seasonal officer?4/24/2019 10:06 AM
21 Dredging needs to be done and there must be more enforcement on the dip net fishery.4/24/2019 7:35 AM
24 / 31
Kenai Harbor & Dock Survey SurveyMonkey
Page 26 of 44
46.88%15
37.50%12
15.63%5
Q20 Do you think 'no wake' signs are an effective measure to improve
safety?
Answered: 32 Skipped: 16
TOTAL 32
#OTHER (PLEASE SPECIFY)DATE
1 Yes, if enforced 7/27/2019 9:21 AM
2 Yes for the dip net boats it is. Most commercial boats will have a wake but are going slow and are
only transiting. Not repeatedly speeding up and down the river like the dip net boats.
5/5/2019 5:11 AM
3 Only with flashing lights 4/26/2019 10:51 PM
4 Only if the signs are coupled with enforcement 4/25/2019 8:02 AM
5 Yes, signs work to an extent around the dock. Dip netters often purposefully ignore these signs.4/24/2019 7:35 AM
Yes
No
Other (please
specify)
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Other (please specify)
25 / 31
Kenai Harbor & Dock Survey SurveyMonkey
Page 27 of 44
Q21 Please let us know more about how you feel additional 'no wake'
signs will affect the harbor.
Answered: 25 Skipped: 23
#RESPONSES DATE
1 Better to be safe than sorry 7/30/2019 3:56 AM
2 Will cause more congestion 7/27/2019 9:21 AM
3 It will put people on notice to follow directions 7/11/2019 5:14 AM
4 signs and enforcement needed 6/24/2019 6:21 AM
5 I don't think additional signage will change peoples behavior.6/7/2019 11:12 PM
6 Close the dip net fishery 6/7/2019 7:52 AM
7 Need enforcement 6/7/2019 5:51 AM
8 Keep the sport boats from zipping through and keep commercial boats from banging against each
other
6/7/2019 5:46 AM
9 Help with boating safety 5/13/2019 3:31 PM
10 I believe that the no wake is directed more to protect the dipnetters 5/8/2019 1:06 AM
11 Common sense! It should be no wake for the dip net fishery because they are speeding up and
down the river creating erosion and constant rocking of moored commercial fishing boats and
floating dip net boats. The commercial boats will have some wake but they are going slow and
only transiting while pursuing an occupation for commerce.
5/5/2019 5:11 AM
12 Will not make much difference 5/3/2019 8:25 AM
13 I think presence of city, state, coast guard is most needed 5/2/2019 2:42 AM
14 If people would just follow what the signs ask them to do.....4/30/2019 12:32 PM
15 No wake buoys and presence of Police/Coast Guard/Harbor Patrol authority will help with
destructive wakes and dangerous activities.
4/28/2019 4:29 AM
16 Gotta have lights 4/26/2019 10:51 PM
17 During Dipnet season it’s a must based on the volume of boats 4/26/2019 10:44 PM
18 The use of the estuary needs to change. Having both subsistence users which are out of control in
with commercial side trying to get in their season which for most is their livelihood and only safe
refuge gets to congestive. No signs or laws will prevent accident. It’s a real recipe for accidents just
with the user groups knowledge and equipment even on roadways you don’t mix heavy equipment
in the down town areas.
4/26/2019 1:18 AM
19 You don't need to over do it, but yes, no wake is important. The biggest issue I have with the dock
is the PU fishery, It jams the dock and literally puts a nylon wall directly across the entire mouth of
the river. This was not the intention of dipnetting.
4/25/2019 10:41 PM
20 More signs will only help if there is adequate enforcement of the rule.4/25/2019 8:02 AM
21 Signs alone are not effective enough without enforcement 4/24/2019 10:34 PM
22 Creates a more courteous launch situation.4/24/2019 10:06 AM
23 The way the currents run in the river mouth it is impossible to not produce a wake while traveling
against the current
4/24/2019 9:27 AM
24 There cannot be no wake zones where power is needed to move against the river or tidal current
as the harbor commission has discussed before. This idea is severely misguided. There needs to
be enforcement of dipnetters who intentionally wake people tied up at docks and on moorings.
4/24/2019 7:35 AM
26 / 31
Kenai Harbor & Dock Survey SurveyMonkey
Page 28 of 44
25 I’m good with more no wake signs. We all need to slow down and be safe regardless of the reason
we are using the river.
4/24/2019 7:32 AM
27 / 31
Kenai Harbor & Dock Survey SurveyMonkey
Page 29 of 44
Q22 What service would be beneficial to your business that we do not
currently offer?
Answered: 21 Skipped: 27
#RESPONSES DATE
1 N/A 7/30/2019 3:58 AM
2 N/a 7/27/2019 9:26 AM
3 Allow moorage above the docks where there is bird watching going on near the beach 7/11/2019 5:18 AM
4 crane cards 6/24/2019 6:22 AM
5 full time attendant durring summer 6/11/2019 9:46 PM
6 NA 6/7/2019 11:17 PM
7 Nothing 6/7/2019 7:54 AM
8 Food trucks and ice 5/13/2019 3:35 PM
9 Fuel and more available places to Secure a boat in the water 5/8/2019 1:10 AM
10 Dredge in front of the dock so it can be used 24/7.5/5/2019 5:27 AM
11 None.5/3/2019 8:26 AM
12 Drift boat take out at Cunningham 5/2/2019 2:45 AM
13 maybe some venders 4/30/2019 12:35 PM
14 Flake ice 4/26/2019 10:53 PM
15 Sell fuel 4/26/2019 10:47 PM
16 longer seasonal access to parking and launch 4/26/2019 7:03 AM
17 A harbor 4/26/2019 5:12 AM
18 Every business, building or area has a maximum occupancy. Building more boat ramps or
improving speed or turn around times in which to add users to an area which can’t expand seems
like its only making a dangerous situation more explosive.. lack of entry was and will only be the
bottle neck that can make the area somewhat work with what’s going on now but sooner or later
the the mix will lead to more and more casualties. No signs or laws can prevent that. Separation
and limit use or better yet define what is the best use for an estuary. What is best for keeping the
river healthy and is the activity in this confined space going to last?
4/26/2019 2:51 AM
19 the city dock is totally overwhelmed by dip netters during the month of July. I am sure it is a great
source of revenue for the city, but it is totally over used and abused.
4/25/2019 10:46 PM
20 No Wake enforcement and dredge work 4/25/2019 8:11 AM
21 The harbor needs to be dredged. There needs to be more locations to moor boats.4/24/2019 7:53 AM
28 / 31
Kenai Harbor & Dock Survey SurveyMonkey
Page 30 of 44
Q23 What opportunities are there for the City of Kenai to partner with
local businesses for economic development?
Answered: 21 Skipped: 27
#RESPONSES DATE
1 Have cranes at City Dock useful at low tide 7/30/2019 3:58 AM
2 Not applicable without dredging 7/27/2019 9:26 AM
3 Stress that you welcome dipnetters by signage and stress keeping the beaches clean 7/11/2019 5:18 AM
4 self marketers of seafood products 6/24/2019 6:22 AM
5 NA 6/7/2019 11:17 PM
6 We barely can keep the canneries going 6/7/2019 7:54 AM
7 We need boat mechanics and shops around here 5/13/2019 3:35 PM
8 Fishing derby 5/8/2019 1:10 AM
9 Support the maximum sustained yield management of the fishery so the commercial fishing
industry can once again be a dominant economic and job driver of Kenai and the Peninsula. The
virtually unrestricted dip net fishery is not going to replace the input of jobs and money to the
economy that the commercial fishing industry provides when the harvest is consistently three to
six million salmon which maximum sustained yield management will sustainable provide, thus
benefiting all users.
5/5/2019 5:27 AM
10 Ask the EDD 5/3/2019 8:26 AM
11 Taking big fish ice fuel across dock, help develop river front 5/2/2019 2:45 AM
12 Venders 4/30/2019 12:35 PM
13 A Brew with a View Brewery at the old Kenai Harbor :)4/28/2019 4:31 AM
14 Hot dog stand 4/26/2019 10:53 PM
15 Hold more community events 4/26/2019 10:47 PM
16 Lots 4/26/2019 5:12 AM
17 Understanding limits but also taking advantage of all the resources in a way that is sustainable for
all users groups that can build or not be detrimental to the resources should be the city’s goal.
4/26/2019 2:51 AM
18 I think that it would be great if the commercial fishers could set up a farmers market near the boat
dock, so that local people can get fresh local fish at a fair price.
4/25/2019 10:46 PM
19 None 4/25/2019 8:11 AM
20 Security services to improve safety. Ice vending.4/24/2019 10:08 AM
21 It would be great if the city dock could be operational.4/24/2019 7:53 AM
29 / 31
Kenai Harbor & Dock Survey SurveyMonkey
Page 31 of 44
Q24 How can the Kenai Harbor be improved in general?
Answered: 22 Skipped: 26
#RESPONSES DATE
1 Dredge the Harbor, have fuel available.7/30/2019 3:58 AM
2 Open observation area back up to brach netting; extend over 50hp to bridge again 7/27/2019 9:26 AM
3 Increase the length of the docks already in place 7/11/2019 5:18 AM
4 better access - avoid confusion with personal use boaters 6/24/2019 6:22 AM
5 Place a limit on the number of small recreational boats that are allowed to use the boat ramp.6/7/2019 11:17 PM
6 Close the dip net fishery 6/7/2019 7:54 AM
7 Dredge the channel in front of the dock and extend the ramp 5/13/2019 3:35 PM
8 One again, dredging to provide 24/7 usage.5/5/2019 5:27 AM
9 Ability to pull out during low water 5/3/2019 8:26 AM
10 Mixed Develoment, commercial, dining, retail, boat condos 5/2/2019 2:45 AM
11 more parking spots and flow 4/30/2019 12:35 PM
12 Greenery 4/28/2019 4:31 AM
13 Lighted buoys flake ice and hot dogs 4/26/2019 10:53 PM
14 Hold Fish Derby 4/26/2019 10:47 PM
15 Charge more money for launching. Raise revenue for the city.4/26/2019 7:47 PM
16 Grow 4/26/2019 5:12 AM
17 I look at the city’s harbor this way. Imagine an access into the oil refinery for public. The city
controls the access and lets 100 people into the area for every one worker there. The city of Kenai
makes money by allowing these visitors their who say it’s their right to camp and picnic in that
area. How long will this situation last since the gat keeps getting wider and more campers keep
coming. Would signs and laws really do any good. I guess what I’m saying is even at a airport you
have separation between heavy and light aircraft in towns and city’s you have truck routes and
separation from hours to road times. In harbors and on the water the right is given to the under
power less maneuvering craft but in reality they may have the right but what good is the rights
when your being over taken by a bigger vessel? There is sea lanes which was created to say hey
the bigger boats will win. Most harbors deal only with tide and because it’s man made usually
offers protection from wind. The Kenai river dock not only has extreme tide but being its location
deals with high winds plus the ever changing current. The circus I use to watch was years ago at
deep creek with the launching and retrieving of boats off the beach before the tractor launches
now the circus has moved to Kenai - same players - same elements only difference is location.
4/26/2019 2:51 AM
18 substantially limit the use of guide and personal use boats in the mouth of the river during July.4/25/2019 10:46 PM
19 No Wake enforcement and dredge work 4/25/2019 8:11 AM
20 Dredging so dock can be accessed at low tides and move dipnet area upriver for safety reasons 4/24/2019 10:36 PM
21 More launch ramps.4/24/2019 10:08 AM
22 Dredge the harbor and enforce dipnet regulations.4/24/2019 7:53 AM
30 / 31
Kenai Harbor & Dock Survey SurveyMonkey
Page 32 of 44
Q25 Comments or other suggestions?
Answered: 15 Skipped: 33
#RESPONSES DATE
1 Can the City market our Harbor features?7/30/2019 3:58 AM
2 Appreciate the change to waive fees except during dipnetting, but charging local use during
dipnetting is unfair, particularly if you are using the facilities for other uses, i.e. traveling to west
side.
7/27/2019 9:26 AM
3 No 7/11/2019 5:18 AM
4 fuel would be useful 6/24/2019 6:22 AM
5 Why is the City involved, they have no business.6/7/2019 7:54 AM
6 I would like to see improvements done sooner than later. Also a charge for Dipnetting permits 5/13/2019 3:35 PM
7 See previous comments 5/5/2019 5:27 AM
8 Decommission the useless and moronic Harbor Commission already.4/26/2019 10:53 PM
9 Spring Music and food at the Dock 4/26/2019 10:47 PM
10 Squeezing the most out of a renewable resources without damaging it is hard work. Making
everybody happy is impossible. Taking steps for the future most the time has less to do with the
present but stable and long lasting. You have to define what is an estuary-what is a harbor-what
does each user group offer-what damage could be to the resources for action taken or planed in
the future-I think another action the city needs to discuss and probably work with is the federal
government since the waterway is in their ownership and possibly can add to or take away what
has been created or is being planned.
4/26/2019 2:51 AM
11 Have a draw and a cap of who can use the river with boats for personal use. The cap should be
something like 50 boats a day or 250 for the week, or not more than 1000 for the entire month of
July. The mouth and dock is literally plugged with PU fishers, it is dangerous and not the priority of
that dock.
4/25/2019 10:46 PM
12 Repair dock 4/25/2019 8:11 AM
13 Thank you for taking comments.4/24/2019 10:08 AM
14 My only beef is when they pull the ramps out, in recent years they pull around oct 1 and I use that
ramp until freeze up
4/24/2019 9:29 AM
15 I would like some services in the harbor as compensation for the property tax that I pay on my boat
to the City of Kenai. If the city can't afford to pay for additional services I have many ideas about
where the budget can be cut. I would start with the eagle cam and the IT department.
4/24/2019 7:53 AM
31 / 31
Kenai Harbor & Dock Survey SurveyMonkey
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[PAGE LEFT BLANK INTENTIONALLY]
Page 34 of 44
10/29/2019 Harvest Info - Cook Inlet Personal Use Salmon Fishery, Alaska Department of Fish and Game
https://www.adfg.alaska.gov/index.cfm?adfg=PersonalUsebyAreaSouthcentralKenaiSalmon.harvest 1/2
Alaska Department of Fish and Game
ADF&G Home » Fishing » Personal Use » By Area » Southcentral » Kenai Salmon
Sockeye Chinook Coho Pink Chum All Species Days Fished Permits Issued
Sockeye Salmon HarvestSockeye Salmon Harvest
YEARYEAR Fish CreekFish Creek
Dip NetDip Net
Kasilof River Kasilof River
GillnetGillnet
Kasilof RiverKasilof River
Dip NetDip Net
Kenai RiverKenai River
Dip NetDip Net
1996 17,260 9,506 11,197 102,821
1997 3,277 17,997 9,737 114,619
1998 4,036 15,975 45,161 103,847
1999 1,083 12,832 37,176 149,504
2000 6,925 14,774 23,877 98,262
2001 436 17,201 37,612 150,766
2002 0 17,980 46,769 180,028
2003 0 15,706 43,870 223,580
2004 0 25,417 48,315 262,831
2005 0 26,609 43,151 295,496
2006 0 28,867 56,144 127,630
2007 0 14,943 43,293 291,270
2008 0 23,432 54,051 234,109
2009 9,898 26,646 73,035 339,993
2010 23,705 21,924 70,774 389,552
2011 5,236 26,780 49,766 537,765
2012 0 15,638 73,419 526,992
2013 0 14,439 85,528 347,222
2014 5,829 22,567 88,513 379,823
2015 19,260 27,567 89,000 377,532
2016 0 26,539 58,273 259,057
2017 4,894 21,927 78,260 297,049
Overview Permits and Regulations Harvest / Effort Contact
Cook Inlet Personal Use Fisheries
Salmon Fishery Harvest and Effort Estimates
Page 35 of 44
10/29/2019 Harvest Info - Cook Inlet Personal Use Salmon Fishery, Alaska Department of Fish and Game
https://www.adfg.alaska.gov/index.cfm?adfg=PersonalUsebyAreaSouthcentralKenaiSalmon.harvest 2/2
2018 18,659 14,390 92,034 165,028
These are estimates of total harvest which includes the sum of harvest reported from returned permits plus estimated harvest from permits that were not
returned.
Page 36 of 44
Kenai City Council - Regular Meeting Page 1 of 4
October 02, 2019
Kenai City Council - Regular Meeting
October 02, 2019 – 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
ACTION AGENDA
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate discussion
of these items unless a council member so requests, in which case the item will be
removed from the consent agenda and considered in its normal sequence on the agenda
as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED. Ordinance No. 3083-2019 Substitute - Amending Kenai Municipal
Code 14.20.175 - Adult Businesses, To Increase The Buffer Distances Between
Adult Businesses And Sensitive Uses From 500 Feet To 1000 Feet And Define
Sensitive Uses. (Council Members Pettey and Knackstedt) [Clerk’s Note: At the
September 4 Meeting, this item was Referred to the Planning & Zoning Commission
for a Recommendation and to be Scheduled for a Second Public Hearing at the
October 2 Meeting. A Motion to Enact as Amended is On the Floor.]
2. ENACTED UNANIMOUSLY. Ordinance No. 3085-2019 - Increasing Estimated
Revenues and Appropriations in the Water and Sewer Fund for the Purchase of Well
Radius Property Described as Tract A, Alaska State Land Survey No. 2013-49, Filed
Under Plat 2017-8, for the City’s Public Water System. (Administration)
Page 37 of 44
Kenai City Council - Regular Meeting Page 2 of 4
October 02, 2019
3. ENACTED UNANIMOUSLY. Ordinance No. 3086-2019 - Accepting and
Appropriating a Grant from the Rasmuson Foundation and Accepting and
Appropriating Private Donations in the Senior Center Capital Improvement Fund for
the Purchase of New Flooring for the Dining Room and Administration Offices of the
Kenai Senior Center. (Administration)
4. ENACTED UNANIMOUSLY. Ordinance No. 3087-2019 - Authorizing a Budget
Transfer in the Senior Center Capital Improvement Fund and Increasing Estimated
Revenues and Appropriations in the Public Safety Improvement Capital Project
Fund to Provide Supplemental Funding for the Fire Department Kitchen Remodel
Project. (Administration)
5. ENACTED UNANIMOUSLY. Ordinance No. 3088-2019 - Amending Kenai
Municipal Code, Section 14.20.330 – Standards for Commercial Marijuana
Establishments, to Incorporate Limitations on Hours of Operation for Retail
Marijuana Establishments. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of September 18,
2019.
F. UNFINISHED BUSINESS
1. ENACTED UNANIMOUSLY. Ordinance No. 3072-2019 Substitute - Renaming,
Repealing and Re-Enacting Kenai Municipal Code Title 22-General Fund Lands,
Renaming Title 21-City Airport and Airport Lands, and Repealing Kenai Municipal
Code Chapter 21.15-Lease and Sale of Airport Lands Outside of the Airport Reserve
to Encourage Responsible Growth and Development to Support a Thriving
Business, Residential, Recreational and Cultural Community through Responsible
Land Policies and Practices. (Administration) [Clerk’s Note: At the September 4
Meeting this Item was Postponed to this Meeting. A Motion to Enact is On the Floor.]
2. ADOPTED UNANIMOUSLY. Resolution No. 2019-58 - Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to
Application Fees for Lands Outside the Airport Reserve. (Administration) [Clerk’s
Note: At the September 4 Meeting this Item was Postponed to this Meeting. A
Motion to Enact is On the Floor.]
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be
Ratified. (Administration)
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase
Orders Exceeding $15,000. (Administration)
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR
10/16/19. *Ordinance No. 3089-2019 - Amending Kenai Municipal Code Section
Page 38 of 44
Kenai City Council - Regular Meeting Page 3 of 4
October 02, 2019
1.15.040, Agenda, to Revise Public Notice Requirements and Amend the
Agenda/Packet Preparation, Distribution, And Publication Administrative Policies
and Procedures to make Standard Revisions and Housekeeping Changes. (Council
Members Molloy and Knackstedt)
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR
10/16/19. *Ordinance No. 3090-2019 - Increasing Estimated Revenues And
Appropriations In The General And Public Safety Capital Project Funds And
Accepting An Assistance To Firefighter Grant From The Federal Emergency
Management Agency For The Cooperative Purchase Of Self-Contained Breathing
Apparatus For The City Of Kenai Fire Department, Nikiski Fire Department And
Central Emergency Services. (Administration)
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR
10/16/19. *Ordinance No. 3091-2019 - Amending Kenai Municipal Code Section
17.10.010 – Mandatory Connection and Abandonment of Old Well, and Section
17.20.010 - Mandatory Connections and Abandonment of Old On-Site Sewer
Systems, to Clarify the Intent of Ordinance 3003-2018 and Make Housekeeping
Changes. (Council Member Knackstedt)
6. AMENDED UNANIMOUSLY. Ordinance No. 3079-2019 Substitute - Increasing
Estimated Revenues and Appropriations in the Airport Special Revenue and Airport
Improvements Capital Project Funds and Accepting a Grant from the Federal
Aviation Administration for the Purchase of Two Aircraft Rescue and Firefighting
(ARFF) Vehicles, Rehabilitation of the Fire Training Props, and Rehabilitation of the
Training Facility for the Alaska Regional Fire Training Facility. (Administration)
[Clerk's Note: This ordinance was enacted at the 9/04/19 meeting. It has been
discovered that a purchase order increase was inadvertently excluded from the
amounts. A motion to amend something previously adopted is in order and as such,
appearance on this agenda serves as notice.]
7. APPROVED AS AMENDED. Action/Approval - Supporting the Draft
Environmental Impact Statement for the Alaska LNG Project and Approving
Comments to be Submitted on Behalf of the City of Kenai to the Federal
Environmental Regulatory Commission. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
Page 39 of 44
Kenai City Council - Regular Meeting Page 4 of 4
October 02, 2019
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADM INISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000
2. Upper Cook Inlet Finfish Meeting Location Correspondence
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
Page 40 of 44
Kenai City Council - Regular Meeting Page 1 of 3
October 16, 2019
Kenai City Council - Regular Meeting
October 16, 2019 – 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
ACTION AGENDA
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Election Certification
4. Administer Oaths of Office
5. Agenda Approval
6. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate discussion
of these items unless a council member so requests, in which case the item will be
removed from the consent agenda and considered in its normal sequence on the agenda
as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED AS AMENDED. Ordinance No. 3089-2019 - Amending Kenai Municipal
Code Section 1.15.040, Agenda, to Revise Public Notice Requirements and Amend
the Agenda/Packet Preparation, Distribution, and Publication Administrative Policies
and Procedures to make Standard Revisions and Housekeeping Changes. (Council
Members Molloy and Knackstedt)
2. ENACTED UNANIMOUSLY. Ordinance No. 3090-2019 - Increasing Estimated
Revenues and Appropriations in the General and Public Safety Capital Project
Funds and Accepting an Assistance to Firefighter Grant from the Federal
Emergency Management Agency for the Cooperative Purchase of Self-Contained
Page 41 of 44
Kenai City Council - Regular Meeting Page 2 of 3
October 16, 2019
Breathing Apparatus for the City of Kenai Fire Department, Nikiski Fire Department
and Central Emergency Services. (Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3091-2019 - Amending Kenai
Municipal Code Section 17.10.010 – Mandatory Connection and Abandonment of
Old Well, and Section 17.20.010 - Mandatory Connections and Abandonment of Old
On-Site Sewer Systems, to Clarify the Intent of Ordinance 3003-2018 and Make
Housekeeping Changes. (Council Member Knackstedt)
4. ADOPTED UNANIMOUSLY. Resolution No. 2019-67 - Establishing Dates for
Regular Meetings of the City Council for 2020. (City Clerk)
5. ADOPTED UNANIMOUSLY. Resolution No. 2019-68 - Approving a Memorandum
of Agreement between the U.S. Fish and Wildlife Service, Alaska Region, Alaska
State Parks, and the City of Kenai for a Gateway to Public Lands Display in the
Kenai Municipal Airport. (Administration)
6. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-69 - Awarding
Non-Exclusive On-Airport Car Rental Concession to EAN Holdings, LLC, for the
Period of December 1, 2019 through June 30, 2021. (Administration)
7. ADOPTED UNANIMOUSLY. Resolution No. 2019-70 - Approving a Standard
Lease Form for City Lands Outside the Airport Reserve. (Administration)
8. POSTPONED UNANIMOUSLY TO 11/06/19. Resolution No. 2019-71 - Repealing
Policy No. 2017-02, Supervisory Sub-Committee. (Council Member Knackstedt)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA *Regular Meeting of October 2, 2019.
(City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA *Action/Approval - Bills to be Ratified.
(Administration)
2. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR
11/06/19. *Ordinance No. 3092-2019 - Amending Kenai Municipal Code, Section
1.10.030 – Organization Meeting, to Provide that the Terms of Office of the Mayor
and Other Councilmembers Shall Begin the Monday Following Certification of the
Election. (City Clerk)
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR
11/06/19. *Ordinance No. 3093-2019 - Accepting and Appropriating a Grant From
the U.S. Department of Homeland Security Passed through the State of Alaska
Department of Military and Veterans’ Affairs for the Purchase of a Fire Station
Page 42 of 44
Kenai City Council - Regular Meeting Page 3 of 3
October 16, 2019
Alerting System, an IT Security Audit, and Base Radio System Replacement for
Dispatch. (Administration)
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR
11/06/19. *Ordinance No. 3094-2019 - Accepting and Appropriating a Donation
from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center
Thanksgiving Dinner. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
The agenda and supporting documents are posted on the City’s website at www.kenai.city.
Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at
907-283-8231.
Page 43 of 44
[PAGE LEFT BLANK INTENTIONALLY]
Page 44 of 44
MEMORANDUM
TO: Harbor Commission
FROM: Scott Bloom, City Attorney
DATE: November 4, 2019
SUBJECT: Title 11- Harbor and Harbor Facilities
____________________________________________________________________________
The Harbor Commission has been reviewing Title 11 of the Kenai Municipal Code to recommend
changes that more appropriately reflect its current functions, relationship with other commissions,
and desires moving forward. This process is especially relevant now, with the enactment of
Ordinance No.3072-2019 (Substitute) which repealed and re-enacted the City’s approach to the
managing City lands. Part of this approach was to bring certain harbor lands, along with airport
lands outside the airport reserve into the City’s general fund land sales and leasing process to
establish a consistent Citywide approach. Additionally relevant to revisions of Title 11, many
procedures and processes described in the Title are no longer applicable because they address
the transfer of certain tidelands from the State of Alaska to the City on January 6, 1977 and the
adjudication of preference rights from commercial fishermen much of which had to be
accomplished by October 6, 1981.
It appears that when much of the Harbor Code was originally enacted, the City had a vision for a
harbor that did not come to fruition. Further, many current code provisions address specific
conveyance restrictions on specific parcels of land that do not broadly apply to all harbor lands.
These specific restrictions are carried forward in the City’s land management plan and do not
need to remain codified. Rather than retain old code provisions that are no longer applicable or
applied, I recommend removing the old language and addressing changes or new plans for the
harbor on a go forward basis. The proposed changes limit the City’s ability to move forward with
any new plans or projects, however new code provisions may be appropriate to address any
significant changes in harbor usage.
The code revisions below incorporate the recommended revisions from the Harbor Commission
along with other proposed changes based on the enactment of Ordinance No. 3072-2019
(Substitute) and continued relevance of other sections of code. Many of the current code
provisions reflect activities that the City does not carry out. The proposed changes are provided
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Title 11
in legislative format, underlined is new language, bracketed and capped is language to be
removed. Also provided are explanations for the proposed changes in red.
If the Commission is in favor of all or some of these changes, at this meeting or the next meeting
the Commission should move to request/ recommend the Council take action to introduce an
ordinance effectuating the proposed changes. The ordinance would come back to the
Commission for a recommendation.
Title 11
HARBOR AND HARBOR FACILITIES
Chapters:
11.05 Harbor Master
11.10 Harbor Commission
11.15 Tidelands
11.20 Leasing of Tidelands
The Kenai Municipal Code is current through Ordinance 3058-2019, passed April 3, 2019.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact
the City Clerk for ordinances passed subsequent to the ordinance cited above.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
Chapter 11.05
HARBOR MASTER
Sections:
11.05.010 Harbor Master.
11.05.020 Harbor defined.
11.05.030 Harbor regulations.
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11.05.040 Permit for terminal or transportation facilities.
11.05.050 Condition as to equal services and rates.
11.05.060 Investigation of holder—Cancellation.
11.05.070 Facility rates and charges.
11.05.080 Leasing not prohibited.
11.05.090 Use of launch ramp and float.
11.05.100 No wake zones.
11.05.010 Harbor Master.
The Harbor Master, shall be the Public Works Director. The Harbor Master shall be the chief
administrator of the harbor and its facilities. He or she shall have all powers and duties prescribed by
ordinance and the regulations and rates prescribed by the City Manager. In addition, insofar as it is
appropriate, shall have all powers and duties and rates prescribed by the City Manager, subject to
approval by the Council; and, in addition, insofar as it is appropriate, shall have all powers and duties
imposed upon harbor masters, port directors, and administrative heads of harbors and ports by Federal
or State law. (KC 11-4; Ords. 1208, 1405-90)
11.05.020 Harbor [D]Defined. (House Keeping)
The harbor shall embrace all that portion of the Kenai River located within the City of Kenai, including
all tide and submerged lands, whether filled or unfilled, situated below the line of mean high tide, as
may be leased from the State of Alaska.
11.05.030 Harbor [R]Regulations. (House Keeping)
The City Manager is hereby empowered, subject to change by the Council, to make such rules and
regulations required for the operation of the harbor, not in conflict with the provisions of this Code,
and to establish the fees, rates, and charges for the billing and collections for the support of the harbor,
and no person shall fail to comply with any such rule or regulation.
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Title 11
[11.05.040 PERMIT FOR TERMINAL OR TRANSPORTATION FACILITIES.
(A) ALL LESSEES, OWNERS, OR OCCUPANTS OF PROPERTY WITHIN THE HARBOR OR
CONTIGUOUS TO IT WHO WISH TO CONSTRUCT OR OPERATE TERMINAL OR TRANSPORTATION
FACILITIES OF ANY KIND THEREIN, INCLUDING, BUT NOT LIMITED TO, DOCKS AND
WAREHOUSES, SHALL APPLY TO THE LANDSCAPING/SITE PLAN REVIEW BOARD FOR A PERMIT].
APPLICATION THEREFOR SHALL BE MADE IN ACCORDANCE WITH REGULATIONS DESCRIBED IN
KMC 14.25, ENTITLED “LANDSCAPING/SITE PLAN REGULATIONS,” AND SHALL BE ACCOMPANIED
BY A PLAN OF THE PROPOSED CONSTRUCTION, WHICH SHALL MEET ALL STANDARDS AND
REQUIREMENTS WHICH MAY BE SET FORTH BY THE COUNCIL.
(B) THE APPLICANT SHALL REFER ALL PLANS OF THE TYPE OR LOCATION OF ANY PROPOSED
CONSTRUCTION WHICH ARE OR MAY BE IN CONFLICT WITH THE GENERAL CITY PLAN TO THE
HARBOR COMMISSION AND THE LANDSCAPING/SITE PLAN REVIEW BOARD TO DETERMINE
WHETHER SUCH PROPOSED CONSTRUCTION IS IN KEEPING WITH THE OBJECTIVES OF THE
GENERAL PLAN. THE DECISION OF THE LANDSCAPING/SITE PLAN REVIEW BOARD SHALL BE
BINDING UNLESS APPEALED BY COUNCIL. THE BUILDING OFFICIAL MAY ISSUE PERMITS UPON
SUCH TERMS AND CONDITIONS AND FOR SUCH DURATION AS IT MAY DEEM PROPER, AND NO
CONSTRUCTION MAY BEGIN OR OPERATION CARRIED ON WITHOUT A PERMIT FROM THE
BUILDING OFFICIAL.] This section last amended in 1990 is no longer current with the applicable
procedures for landscape site plan review. There is no landscape site plan review board, nor is
there a general plan for the City. We do however have a comprehensive plan. All qualifying
improvement within the City are required to go through a site plan review process and building
permit process pursuant to provision in the Planning and Zoning code. Removing this section will
not affect those requirements.
[11.05.050 CONDITION AS TO EQUAL SERVICES AND RATES.
IT SHALL BE A CONDITION OF ALL PERMITS GRANTED BY THE CITY COUNCIL THAT THE FACILITIES
TO BE CON-STRUCTED AND THE SERVICES TO BE SUPPLIED IN CONNECTION WITH THEM SHALL BE
MADE AVAILABLE TO ALL CARRIERS UPON EQUAL TERMS, AT EQUAL RATES, AND WITHOUT
DISCRIMINATION OF ANY KIND.] The City Council no longer grants permits of this nature, I am unable
to confirm if they ever have. The City can restrict property use and services provided through any deed
or grant restrictions if applicable. I am uncertain of other regulatory authority imposed by the City in
this regard.
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[11.05.060 INVESTIGATION OF HOLDER—CANCELLATION.
THE CITY COUNCIL MAY INQUIRE INTO THE MANNER IN WHICH OBLIGATIONS UNDER THE PERMITS
ISSUED BY IT ARE CARRIED OUT, AND INTO THE RATE SCHEDULES AND PRACTICES OF THE PERMIT
HOLDERS FOR PURPOSES OF DETERMINING WHETHER THE PROVISIONS OF THE PERMITS ARE BEING
COMPLIED WITH. IT SHALL HAVE ACCESS TO BOOKS AND RECORDS AND TO TERMINAL AND
TRANSPORTATION FACILITIES AS MAY BE REASONABLY NECESSARY TO ENABLE IT TO MAKE SUCH A
DETERMINATION. SHOULD THE COUNCIL AT ANY TIME FIND THE PERMIT HOLDER IS NOT
COMPLYING WITH THE TERMS OF HIS OR HER PERMIT, IT MAY CANCEL THE PERMIT UPON SUCH
NOTICE AND IN ACCORDANCE WITH SUCH PROCEDURE AS IT MAY, BY REGULATION, PRESCRIBE.]
Again, the City Council does not issue permits in this regard, nor have regulations been enacted to
provide for these activities.
[11.05.070 FACILITY RATES AND CHARGES.
THE CITY SHALL FIX THE RATES AND CHARGES FOR THE USE OF ANY AND ALL TERMINAL OR
TRANSPORTATION FACILITIES CONSTRUCTED ON PROPERTY UNDER ITS JURISDICTION, INCLUDING
CHARGES ASSESSED AGAINST VESSELS, THEIR OWNERS, AGENTS OR OPERATORS WHICH LOAD OR
DISCHARGE CARGO AT ANY OF THE TERMINALS WITHIN THE HARBOR AREA; CHARGES FOR
BERTHAGE WHILE LOADING OR DISCHARGING CARGO; CHARGES FOR ADMINISTRATIVE EXPENSES
IN SERVING THE CARRIER’S CHARGES FOR FREIGHT HANDLING, LOADING, UNLOADING AND WHARF
DEMURRAGE RATES. SUCH RATES AND CHARGES SHALL BE JUST AND REASONABLE. THE RATES AND
CHARGES SHALL BE AS SET FORTH IN THE CITY’S SCHEDULE OF FEES ADOPTED BY THE CITY
COUNCIL.] The City does not fix these rates, it only regulates the rates for use of its dock facility.
11.05.080 Leasing [N]Not [P]Prohibited. (House Keeping)
Nothing in this chapter or in this code of ordinances shall prohibit the City Council from leasing the
docks, dock sites, and other harbor facilities to private persons, firms, and corporations. While this
language is not necessary, it is not harmful and I recommend it be kept.
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Title 11
11.05.090 Use of [L]Launch [R]Ramp and [F]Float. (House Keeping)
(a) The City of Kenai launching facility shall be open to the public upon reasonable terms and
conditions as provided by regulation.
(b) Failure to pay a boat launch fee for the City of Kenai launching facility set forth according to
KMC 11.05 within one (1) hour of the retrieval of the boat or vessel from the water shall be a
violation punishable by a fine of fifty dollars ($50.00).
(c) It is unlawful to block access to either of the launch ramp or float facilities. “Blocking access”
means leaving a boat, trailer, or vehicle upon the launch ramp or float in such a position as to
prevent the launching or retrieval of boats.
(d) Person blocking access to the ramp or float facilities shall be subject to a civil penalty as
provided in KMC 13.05.010(b).
(e) Each one (1) hour period for which the ramp or float is blocked shall be considered a separate
offense for the purposes of civil penalties. (I recommend this section be left in for now, however
the Harbor commission should address these provisions moving forward. For example, I would
recommend imposing a fine for blocking the ramp that can be imposed as a minor offense as
opposed to a civil penalty)
11.05.100 No [W]Wake [Z]Zones. (House Keeping)
(a) The City Manager, subject to change by the Council, is authorized to establish no wake zones
within the Kenai Harbor outside of the Kenai River Special Management Area as needed to protect
public and private property, and/or public safety.
(b) No wake zones may be established on a temporary or permanent basis.
(c) A “no wake zone” is defined as a zone where no person may operate a boat at a speed greater
than five (5) miles per hour.
(d) Established no wake zones shall be marked with appropriate signage in a manner to provide
reasonable public notice.
(e) A violation of this section shall be punishable as provided in KMC 13.05.010.
(Ord. 2749-2014)
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Chapter 11.10
HARBOR COMMISSION
Sections:
11.10.010 Duties and powers.
Prior legislation: Ord. 1032.
11.10.010 Duties and [P]Powers. (House Keeping)
(a) The Harbor Commission shall be required to do the following:
(1) Develop, adopt, alter, or revise, subject to approval by the City Council, a master plan for
the physical development of harbor or port facilities for the City. Such master plan with
accompanying maps, plats, charts, descriptive, and explanatory matter, shall show the Harbor
Commission’s recommendations for the development of the City Harbor facilities may
include, among other things:
(i) development of the type, location, and sequence of all public harbor facilities;
(ii) the relocation, removal, extension, or change of use of existing harbor facilities;
(2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to
the beginning of the budget year, a list of the recommended capital improvements which, in
the opinion of the Commission, are necessary or desirable to be constructed during the
forthcoming three (3) year period. Such list shall be arranged in order of preference, with
recommendations as to which projects shall be constructed in which year.
(3) Make investigations regarding any matter related to City harbor facilities, tide or
submerged lands. Make recommendations to the Council relative to the care, control, and
development of tide and submerged lands.
[(4) Act in the capacity as directed and authorized by a tidelands ordinance adopted by the
City.]
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([5]) Review all City leases of City-owned tide, submerged, and lands or navigable waters
within the City, and as to the planned improvements proposed and make recommendations
to the City Council.
([6]) Make and prepare reports and plans for approval by the City Council.
([7]) Coordinate public efforts, individual and group, to the effectuation of approved plans.
([8]) Shall act in advisory capacity in the selection of a Harbor Director should such a position
be created by the City Council. These are primarily housekeeping changes. The reference to
the Tidelands Ordinance is removed as provisions in the Tidelands Ordinance related to duties
of the commission are proposed to be removed.
Chapter 11.15
TIDELANDS
Sections:
11.15.010 Short title.
11.15.020 Definitions.
11.15.030 Approval and acceptance of State conveyance.
11.15.040 Approval and adoption of subdivision plat.
11.15.050 Time and places of posting plat.
11.15.060 Publication of notice of posting plat and plat and passage of ordinance.
11.15.070 Time in which applications will be accepted for filing.
11.15.080 Procedure for filing applications.
11.15.090 Initial review by Commission.
11.15.100 Preliminary plat.
11.15.110 Preliminary plat requirements.
11.15.120 Survey procedure.
11.15.130 Procedure on final plat.
11.15.140 Final plat requirements.
11.15.150 Deposits for costs prerequisite to filing.
11.15.160 Additional costs in certain cases.
11.15.170 Procedures for processing filed applications.
11.15.180 Appraisal.
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11.15.190 Review by City Engineer.
11.15.200 Recommended approval by Commission.
11.15.210 Processing of approved applications by Clerk and notice to public.
11.15.220 Deeds—Permanent register.
11.15.230 Special proceedings for disputed claims.
11.15.240 Proceedings for determination by Council of all disputes.
11.15.250 Determination upon stipulation of facts.
11.15.260 Rejection of protests other than by applicant.
11.15.270 Handling of deposit and purchase funds.
11.15.280 Forfeiture of preference rights.
11.15.290 Forms.
11.15.010 Short [T]Title.
This ordinance shall be known as the “Kenai Tidelands Ordinance.”
[11.15.020 DEFINITIONS.
FOR THE PURPOSE OF THIS ORDINANCE, THE TERMS DEFINED HEREIN SHALL HAVE THE MEANING
PROVIDED UNLESS THE CONTEXT REQUIRES OTHERWISE:
(A) “ALASKA” MEANS THE STATE OF ALASKA.
(B) “AGRICULTURAL LANDS” MEANS TIDELANDS CHIEFLY VALUABLE FOR AGRICULTURAL
PURPOSES.
(C) “ASSESSOR” MEANS THE ASSESSOR OF THE CITY OF KENAI, ALASKA, OR OTHER INDIVIDUAL
DESIGNATED BY THE CITY MANAGER TO PERFORM THE FUNCTIONS HEREIN ASSIGNED TO THE
ASSESSOR.
(D) “CITY” MEANS THE CITY OF KENAI, ALASKA.
(E) “CITY ENGINEER” MEANS THE CITY ENGINEER OF THE CITY, OR OTHER CITY OFFICIAL
DESIGNATED TO PERFORM THE FUNCTIONS HEREIN ASSIGNED TO THE CITY ENGINEER.
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(F) “CLASS I PREFERENCE RIGHT” MEANS THE RIGHT EXTENDED TO PERSONS WHO OCCUPIED
OR DEVELOPED TIDE OR SUBMERGED LANDS SEAWARD OF A SURVEYED TOWNSITE ON AND
PRIOR TO SEPTEMBER 7, 1957, AND WHO HAVE EXECUTED A WAIVER TO THE CITY AND STATE
OF ALL RIGHTS SUCH OCCUPANT MAY HAVE HAD PURSUANT TO PUBLIC LAW 85-303. UPON
EXECUTION OF THE WAIVER, SUCH PERSONS OR THEIR SUCCESSORS IN INTEREST, HAVE THE
RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS FROM THE
CITY FOR CONSIDERATION OF THE COSTS OF SURVEY, AND TRANSFERRING AND CONVEYING
THE TITLE.
(G) “CLASS II PREFERENCE RIGHT” MEANS THE RIGHT EXTENDED TO CLASS I PREFERENCE RIGHT
CLAIMANTS WHO REFUSE TO EXECUTE A WAIVER TO THE CITY OF ANY RIGHTS SUCH
OCCUPANTS MAY HAVE ACQUIRED PURSUANT TO PUBLIC LAW 85-303. IT SHALL BE
MANDATORY FOR THE CITY TO EXPEDITIOUSLY HONOR THE APPLICATION FROM THE
OCCUPANT AFTER THE SECRETARY OF THE ARMY HAS SUBMITTED TO THE SECRETARY OF THE
INTERIOR AND GOVERNOR OF THE STATE MAPS SHOWING THE PIERHEAD LINE ESTABLISHED
BY THE CORPS OF ENGINEERS WITH RESPECT TO THE TRACT SO GRANTED. THE MOST
EXPEDITIOUS METHOD OF SECURING TITLE TO SUCH LANDS IS TO EXECUTE THE WAIVER OF
CLASS II RIGHTS AND PROCEED TO APPLY FOR TITLE UNDER A CLASS I PREFERENCE RIGHT.
(I) “CLASS III PREFERENCE RIGHT” MEANS THE RIGHT EXTENDED TO PERSONS WHO OCCUPIED
OR DEVELOPED TIDE OR SUBMERGED LANDS AFTER SEPTEMBER 7, 1957, AND WHO CONTINUED
TO OCCUPY THE SAME ON JANUARY 3, 1959. SUCH PERSONS, OR THEIR SUCCESSORS, HAVE
THE RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS FOR A
CONSIDERATION NOT TO EXCEED THE COSTS OF APPRAISAL, AND THE ADMINISTERING AND
TRANSFERRING, INCLUDING SURVEY, TOGETHER WITH THE APPRAISED FAIR MARKET VALUE
THEREOF, EXCLUSIVE OF ANY VALUE OCCURRING FROM IMPROVEMENTS OR DEVELOPMENT,
SUCH AS FILL MATERIAL, BUILDING, OR STRUCTURES THEREON.
(J) “CLERK” MEANS THE CLERK OF THE CITY.
(K) “COMMISSION” MEANS THE CITY OF KENAI ADVISORY HARBOR COMMISSION UNLESS
NOTED OTHERWISE.
(L) “DIRECTOR” MEANS THE DIRECTOR OF LANDS, STATE OF ALASKA.
(M) “DIRECTOR’S LINE” MEANS A LINE SEAWARD OF THE CITY, APPROVED BY THE DIRECTOR,
WITH THE CONCURRENCE OF THE COMMISSIONER OF NATURAL RESOURCES, STATE OF
ALASKA, SEAWARD OF ALL TIDE AND SUBMERGED LANDS OCCUPIED OR SUITABLE FOR
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OCCUPATION AND DEVELOPMENT WITHOUT UNREASONABLE INTERFERENCE WITH
NAVIGATION.
(N) “FAIR MARKET VALUE” MEANS THE HIGHEST PRICE, DESCRIBED IN TERMS OF MONEY,
WHICH THE PROPERTY WOULD BRING IF EXPOSED FOR SALE FOR A REASONABLE TIME IN THE
OPEN MARKET, WITH A SELLER, WILLING BUT NOT FORCED TO SELL, AND A BUYER, WILLING
BUT NOT FORCED TO BUY, BOTH BEING FULLY INFORMED OF ALL THE PURPOSES FOR WHICH
THE PROPERTY IS BEST ADAPTED OR COULD BE USED.
(O) “FILL” SHALL MEAN EARTH, GRAVEL, ROCK, SAND, OR OTHER SIMILAR MATERIALS PLACED
UPON TIDE OR CONTIGUOUS SUBMERGED LANDS TO A HEIGHT ABOVE THE HIGH WATER LINE
FOR THE PURPOSE OF ELEVATING THE LANDS FOR A SPECIAL USEFUL PURPOSE. EARTH, GRAVEL,
ROCK, SAND, OR OTHER SIMILAR MATERIALS, PLACED ON TIDE OR CONTIGUOUS SUBMERGED
LAND SOLELY FOR THE PURPOSE OF SPOILS DISPOSAL SHALL NOT BE CONSIDERED FILL UNLESS
SUCH FILL WAS USED FOR USEFUL AND BENEFICIAL PURPOSE ON AND PRIOR TO JANUARY 3,
1959.
(P) “HEARINGS OFFICER” MEANS THAT CITY OFFICIAL EMPLOYED TO HEAR DISPUTES BETWEEN
CLAIMANTS, SUMMARIZE THE TESTIMONY, ATTEMPT TO REACH STIPULATIONS OF FACT
BETWEEN THE PARTIES, ASSEMBLE THE RECORD OF THE DISPUTE, AND SUBMIT THE SAME TO
THE COUNCIL FOR DETERMINATION.
(Q) “IMPROVEMENTS” MEANS BUILDINGS, WHARVES, PIERS, DRY DOCKS, AND OTHER SIMILAR
TYPES OF STRUCTURES PERMANENTLY FIXED TO THE TIDE OR CONTIGUOUS SUBMERGED
LANDS THAT WERE CONSTRUCTED AND/OR MAINTAINED BY THE APPLICANT FOR BUSINESS,
COMMERCIAL, RECREATION, RESIDENTIAL, OR OTHER BENEFICIAL USES OR PURPOSES. FLOATS
SECURED BY GUIDE PILES USED AS FLOATING WHARVES, WHERE ACCESS IS PROVIDED TO THE
SHORE, SHALL BE IMPROVEMENTS WITHIN THE MEANING OF THIS SECTION, AND FILL MATERIAL
NOT ACTUALLY IN PLACE TO ABOVE THE LINE OF MEAN HIGH TIDE OF JANUARY 3, 1959 AND
ACTUALLY UTILIZED FOR BENEFICIAL PURPOSES ON JANUARY 3, 1959 BY THE APPLICANT SHALL
BE CONSIDERED A PERMANENT IMPROVEMENT, BUT IN NO EVENT SHALL FILL BE CONSIDERED
A PERMANENT IMPROVEMENT WHEN PLACED ON THE TIDELANDS SOLELY FOR THE PURPOSE
OF DISPOSING OF WASTE OR SPOILS. FILL MATERIAL NOT UTILIZED FOR A BENEFICIAL PURPOSE
ON AND PRIOR TO JANUARY 3, 1959, AND FILL MATERIAL NOT ACTUALLY IN PLACE TO ABOVE
THE LINE MEAN HIGH TIDE ON JANUARY 3, 1959 SHALL NOT BE THE BASIS FOR AN APPLICATION,
NOR SHALL IT BE INCLUDED IN ANY APPLICATION, FOR THE EXERCISE OF PREFERENCE RIGHTS
HEREUNDER.
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(R) “INDUSTRIAL AND COMMERCIAL LANDS” MEANS TIDE LANDS CHIEFLY VALUABLE FOR
INDUSTRIAL, MANUFACTURING, OR COMMERCIAL PURPOSES.
(S) “KENAI” MEANS THE CITY OF KENAI, ALASKA.
(T) “MANAGER” MEANS THE MANAGER OF THE CITY OF KENAI, ALASKA.
(U) “MEAN HIGH TIDE” AT ANY PLACE SUBJECT TO TIDAL INFLUENCE SHALL BE INTERPRETED
AS THE TIDAL DATUM PLANE DERIVED FROM AVERAGING ALL THE HIGH WATERS OBSERVED AT
THAT PLACE OVER A PERIOD OF NINETEEN (19) YEARS. MEAN HIGH WATER SHALL BE
INTERPRETED TO BE AS THE INTERSECTION OF THE DATUM PLACE OF MEAN HIGH WATER WITH
THE SHORE.
(V) “MEAN LOW TIDE” SHALL BE INTERPRETED TO BE MEAN LOWER LOW WATER WHICH IS THE
MEAN OF THE LOWER OF THE TWO LOW WATERS OF EACH DAY FOR A TIDAL CYCLE OF
NINETEEN (19) YEARS.
(W) “OCCUPANT” MEANS ANY PERSON AS DEFINED HEREIN, OR HIS SUCCESSOR IN INTEREST,
WHO ACTUALLY OCCUPIED FOR ANY BUSINESS, RESIDENTIAL, OR OTHER BENEFICIAL PURPOSE,
TIDE OR SUBMERGED LAND, WITHIN THE CONVEYANCE OF SUCH BY THE STATE TO THE CITY,
ON OR PRIOR TO JANUARY 3, 1959, WITH SUBSTANTIAL PERMANENT IMPROVEMENTS. NO
PERSON SHALL BE CONSIDERED AN OCCUPANT BY REASON OF HAVING:
(1) PLACED A FISH TRAP IN POSITION FOR OPERATION OR STORAGE UPON THE TIDE,
SHORE, OR SUBMERGED LAND;
(2) PLACED A SET NET OR PILING THEREFOR OR ANY OTHER DEVICE OR FACILITY FOR
TAKING OF FISH;
(3) PLACED PILINGS OR DOLPHINS FOR LONG STORAGE OR OTHER MOORAGE;
(4) PLACED TELEPHONE, POWER, OR OTHER TRANSMISSION FACILITIES, ROADS, TRAILS,
OR OTHER CONTIGUOUS SUBMERGED LANDS; OR
(5) CLAIMED THE LAND BY VIRTUE OF SOME FORM OF CONSTRUCTIVE OCCUPANCY.
WHERE LAND IS OCCUPIED BY A PERSON OTHER THAN THE OWNER OF THE
IMPROVEMENTS THEREON, THE OWNER OF THE IMPROVEMENTS SHALL, FOR THE PURPOSE
OF THIS ORDINANCE, BE CONSIDERED THE OCCUPANT OF SUCH LANDS.
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(X) “OCCUPIED OR DEVELOPED” MEANS THE ACTUAL USE, CONTROL, AND OCCUPANCY, BUT
NOT NECESSARILY RESIDENCE, OF THE TIDE OR SUBMERGED LAND BY THE ESTABLISHMENT
THEREON OF SUBSTANTIAL PERMANENT IMPROVEMENTS.
(Y) “ORDINANCE” MEANS THE KENAI TIDELANDS ORDINANCE.
(Z) “PARK AND RECREATION LANDS” MEANS TIDELANDS CHIEFLY VALUABLE FOR PUBLIC PARK
AND RECREATION USE, INCLUDING SCENIC OVERLOOKS.
(AA) “PERSON” MEANS ANY PERSON, FIRM, CORPORATION, COOPERATIVE ASSOCIATION,
PARTNERSHIP OR OTHER ENTITY LEGALLY CAPABLE OF OWNING LAND OR ANY INTEREST
THEREIN.
(BB) “PIERHEAD LINE” IS A LINE FIXED BY THE CORPS OF ENGINEERS ROUGHLY PARALLEL TO
THE EXISTING LINE OF MEAN LOW TIDE AT SUCH DISTANCE OFFSHORE THEREFROM THAT SAID
PIERHEAD LINE SHALL ENCOMPASS LANDWARD ALL STATIONARY, MANMADE STRUCTURES
UNDER THE AUTHORITY OF PUBLIC LAW 85-303.
(CC) “PREFERENCE RIGHT” SUBJECT TO THE CLASSIFICATIONS THEREOF HEREIN ESTABLISHED
MEANS THE RIGHT OF AN OCCUPANT TO ACQUIRE BY GRANT, PURCHASE, OR OTHERWISE, AT
THE ELECTION OF THE OCCUPANT, EXCEPT AS OTHERWISE LIMITED OR PRESCRIBED IN THIS
ORDINANCE, ANY LOT, PIECE, PARCEL, OR TRACT OF TIDELAND OR SUBMERGED LAND
OCCUPIED OR DEVELOPED BY SUCH OCCUPANT ON AND PRIOR TO JANUARY 3, 1959.
(DD) “STATE” MEANS THE STATE OF ALASKA.
(EE) “SUBMERGED LANDS” MEANS LAND COVERED BY TIDAL WATERS BETWEEN THE LINE OF
MEAN LOW WATER AND SEAWARD TO A DISTANCE OF THREE (3) GEOGRAPHICAL MILES, IN
THEIR NATURAL STATE, WITHOUT BEING AFFECTED BY MANMADE STRUCTURES, FILL, AND SO
FORTH.
(FF) “SUBSTANTIAL PERMANENT IMPROVEMENTS” SHALL FOR THE PURPOSES OF THE
ORDINANCE HAVE THE SAME MEANING AS IMPROVEMENTS, AS HEREIN DEFINED.
(GG) “TIDELANDS” MEANS LANDS PERIODICALLY COVERED BY TIDAL WATERS BETWEEN THE
ELEVATIONS OF MEAN HIGH TIDE AND MEAN LOW TIDES, WITHOUT REGARD TO ARTIFICIAL
INTERFERENCE WITH TIDAL FLOWS CAUSED BY MANMADE STRUCTURES, BREAKWATERS, FILL,
AND THE LIKE. WHEN USED IN THIS ORDINANCE, IT SHALL ALSO INCLUDE SUBMERGED LANDS
CONVEYED BY THE STATE TO THE CITY.
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(HH) “TIDELANDS SUBDIVISION PLAT” IS THAT CERTAIN PLAT OF SUBDIVISION OF TIDELANDS
AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY MADE BY H.H. GALLIETT, JR.,
REGISTERED ENGINEER, DATED DECEMBER, 1968, KNOWN AS ALASKA TIDELANDS SURVEY NO.
272 AND FILED AS 76-179 IN THE KENAI RECORDING DISTRICT SHOWING ALL STRUCTURES AND
IMPROVEMENTS THEREON AND THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED,
TOGETHER WITH THE NAME OF THE OWNER OR CLAIMANT THEREOF, INCLUDING WITHIN THE
BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED SUCH SURROUNDING TIDE AND
SUBMERGED LANDS AS SHALL BE REASONABLY NECESSARY IN THE OPINION OF THE COUNCIL
FOR THE USE AND ENJOYMENT OF THE STRUCTURES AND IMPROVEMENTS THEREON BY THE
OWNER OR CLAIMANT, BUT SHALL NOT INCLUDE ANY TIDE OR SUBMERGED LANDS WHICH IF
GRANTED TO SUCH OCCUPANT, WOULD UNJUSTLY DEPRIVE ANY OCCUPANT OF ADJOINING
LANDS FROM HIS REASONABLE USE AND ENJOYMENT THEREOF.] These definitions are not
relevant nor needed based on removal of code sections below.
11.15.030 Approval and [A]Acceptance of State [C]Conveyance. (House
Keeping)
The conveyance by the State to the City, dated January 6, 1977 of tidelands and submerged lands lying
seaward of the City is hereby approved and accepted and the lands therein are hereby declared
incorporated into the limits of the City. This has historical significance that should be maintained.
11.15.040 Approval and [A]Adoption of [S]Subdivision [P]Plat. (House
Keeping)
The Tidelands Subdivision Plat, hereinafter called “Plat” is hereby approved and adopted as the official
Tidelands Subdivision Plat of the City of Kenai, Alaska, of tide and submerged lands conveyed by the
State to the City by conveyance dated January 6, 1977. Said Alaska Tidelands Survey is numbered 272
and is filed under 76-179 in the Kenai Recording District. This has historical significance that should be
maintained.
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All of the following provisions describe a process that has expired
approximately 30 years ago and is no longer relevant.
[11.15.050 TIME AND PLACES OF POSTING PLAT.
SAID PLAT SHALL BE POSTED FOR A PERIOD OF NOT LESS THAN SIXTY (60) DAYS, COMMENCING
WITH THE DATE FOLLOWING THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, IN THE OFFICE OF
THE CLERK, CITY HALL BUILDING.
11.15.060 PUBLICATION OF NOTICE OF POSTING PLAT AND PLAT AND
PASSAGE OF ORDINANCE.
THE CLERK SHALL CAUSE TO BE ISSUED AND PUBLISHED ONCE A WEEK FOR FOUR WEEKS, IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY, COMMENCING THE DAY AFTER THE DATE OF
FINAL PASSAGE OF THIS ORDINANCE, A NOTICE OF THE POSTING OF SAID PLAT CONTAINING THE
FOLLOWING STATEMENTS:
(A) TIME AND PLACE OF POSTING.
(B) THE DAY OF FINAL PASSAGE AND THE EFFECTIVE DATE OF THIS ORDINANCE WHICH
ADOPTS THE PLAT AS THE OFFICIAL TIDELANDS SUBDIVISION PLAT OF THE TIDE AND
SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY ON JANUARY 6, 1977.
(C) THAT ANY AND ALL PERSONS HAVING OR CLAIMING PREFERENCE RIGHTS PROVIDED BY
LAW AND AS HEREIN DEFINED TO ANY PART OR PARTS OF THE SUBDIVIDED LAND EMBRACED
WITHIN THE BOUNDARIES OF SAID PLAT, WHO FAIL TO APPLY TO EXERCISE SUCH RIGHTS
UNDER THE PROVISIONS OF THIS ORDINANCE WITHIN TWO (2) YEARS FROM AND AFTER
OCTOBER 6, 1979, WHICH IS HEREBY DECLARED TO BE THE DATE UPON WHICH APPLICATIONS
THEREFOR WILL BE FIRST ACCEPTED BY THE CITY, SHALL HAVE FORFEITED THEIR PREFERENCE
RIGHTS PROVIDED BY LAW AND THIS ORDINANCE.
(D) THAT THIS ORDINANCE WAS ENACTED TO PROTECT OCCUPANTS HAVING PREFERENCE
RIGHTS, TO AFFORD DUE PROCESS OF LAW, TO PROVIDE PROCEDURES FOR APPLYING FOR
EXERCISE OF PREFERENCE RIGHTS, FOR HEARING AND ADJUDICATING ADVERSE CLAIMS, AND
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FOR CONVEYING TITLE TO OCCUPANTS HOLDING PREFERENCE RIGHTS DEFINED BY LAW AND
THIS ORDINANCE.
(E) THAT COPIES OF THIS ORDINANCE AND APPLICATION FORMS ARE AVAILABLE AT THE
OFFICE OF THE CLERK OF THE CITY.
11.15.070 TIME IN WHICH APPLICATIONS WILL BE ACCEPTED FOR FILING.
APPLICATION FORMS, IN SUBSTANTIALLY THE FORM SET FORTH IN KMC 11.15.290(A) WILL BE
ACCEPTED FOR FILING ONE BUSINESS DAY AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, AND
ENDING TWO CALENDAR YEARS THEREAFTER AND AT THE CLOSE OF BUSINESS AT 5:00 P.M., AFTER
WHICH NO APPLICATION FORMS WILL BE FURNISHED AND AFTER WHICH NO APPLICATIONS WILL
BE ACCEPTED FOR FILING.
11.15.080 PROCEDURE FOR FILING APPLICATIONS.
APPLICATIONS SHALL BE SUBMITTED, AND WILL BE RECEIVED FOR FILING, ONLY FOR THE PURPOSE
OF CLAIMING PREFERENCE RIGHTS HEREIN DEFINED TO THE TIDELANDS CONVEYED TO THE CITY BY
THE STATE.
(A) APPLICATION FORMS WILL BE PROVIDED BY THE CLERK WITHOUT CHARGE AT THE CITY
CLERK’S OFFICE IN THE CITY HALL BUILDING.
(B) APPLICATIONS MUST BE SUBMITTED IN TRIPLICATE.
(C) APPLICATIONS NOT CLEARLY LEGIBLE NOR PROPERLY COMPLETED AND CERTIFIED BY THE
APPLICANT WILL NOT BE ACCEPTED FOR FILING. SINCE THE FACT ALLEGED MAY BE USED IN
HEARINGS OF DISPUTES THEIR TRUTH MUST BE CERTIFIED. THE FACTS ALLEGED WILL ALSO BE
THE BASIS FOR THE CONVEYANCES OF VALUABLE PROPERTY. WILLFUL AND DELIBERATE
MISSTATEMENTS OF FACT WILL BE EQUIVALENT TO ATTEMPTING TO OBTAIN VALUABLE PUBLIC
PROPERTY BY MISREPRESENTATION AND MAY BE PROSECUTED AS OBTAINING PROPERTY
UNDER FALSE PRETENSES.
(D) APPLICATIONS MAY BE MAILED TO THE CITY CLERK, [P.O. BOX 580] 210 FIDALGO AVENE,
KENAI, ALASKA, 99611, WITH THE PROPER DEPOSIT COMPUTED ACCORDING TO THE NATURE
OF THE APPLICATION MADE. APPLICATIONS PROPERLY COMPLETED ACCOMPANIED WITH THE
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PROPER DEPOSIT WILL BE STAMPED WITH THE TIME AND DATE OF FILING AND SIGNED BY THE
PERSON ACCEPTING THE DEPOSIT. THE TRIPLICATE COPY WILL THEN BE DELIVERED TO THE
APPLICANT, OR MAILED TO HIM IF A RETURN ENVELOPE WITH POSTAGE AFFIXED IS FURNISHED
OR DELIVERED TO THE CITY CLERK, CITY ADMINISTRATION OFFICES, AIRPORT TERMINAL
BUILDING, KENAI, ALASKA.
(E) ANY APPLICATION FOR A DEED BASED ON AN ASSERTED RIGHT OTHER THAN A PREFERENCE
RIGHT SHALL BE REJECTED.
(F) ANY APPLICATIONS NOT WAIVING THE CLASS II PREFERENCE RIGHT SHALL BE FILED BY THE
CLERK, TOGETHER WITH ALL OTHERS OF LIKE NATURE, TO AWAIT THE OFFICIAL PROMULGATION
OF THE PIERHEAD LINE. THEREAFTER SUCH APPLICATIONS SHALL BE PROCESSED AS
APPLICATIONS UNDER THE CLASS I RIGHTS.
(G) APPLICATIONS NOT ACCOMPANIED BY THE PROPER DEPOSIT FOR COSTS SHALL BE
REJECTED.
11.15.090 INITIAL REVIEW BY PLANNING & ZONING COMMISSION.
AFTER INITIAL REVIEW OF THE APPLICATION BY THE COMMISSION, THE APPLICANT SHALL HAVE
PREPARED AT HIS OWN COST A PRELIMINARY AND FINAL PLAT AS DESCRIBED IN THE FOLLOWING
SECTION.
11.15.100 PRELIMINARY PLAT.
(A) THE APPLICANT SHALL PREPARE, OR HAVE PREPARED, A PRELIMINARY PLAT OF THE TIDE,
SHORE, OR SUBMERGED LANDS WHICH HE CLAIMS. THIS PLAT SHALL COMPLY WITH THE
REQUIREMENTS HEREINAFTER SET FORTH.
(B) THE PURPOSE OF A PRELIMINARY PLAT IS TO AFFORD THE OCCUPANT AN OPPORTUNITY
OF RECEIVING PRELIMINARY REVIEW AND PREVENT THE UNNECESSARY EXPENDITURE OF
MONEY AND TIME THAT WOULD BE NECESSITATED IF MAJOR CHANGES WERE REQUIRED.
(C) THE APPLICANT MUST FILE HIS APPLICATION ACCOMPANIED BY FOUR BLACK OR BLUE-
LINED PLATS OF THE LAYOUT.
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(D) THE PLANNING & ZONING COMMISSION SHALL FORWARD THE PRELIMINARY PLAT TO AN
ENGINEER TO BE DESIGNATED BY THE PLANNING & ZONING COMMISSION, WHO SHALL
REPORT TO THE PLANNING & ZONING COMMISSION HIS APPROVAL OR DISAPPROVAL OF THE
PLAT FOR TECHNICAL OR ENGINEERING REASONS AND THE PLANNING & ZONING
COMMISSION SHALL, WITHIN NINETY (90) DAYS AFTER SUBMISSION OF THE PRELIMINARY PLAT,
NOTIFY THE APPLICANT OF THE TENTATIVE APPROVAL OR DISAPPROVAL OF THE PLAT AND HIS
REASONS THEREFOR.
(E) CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT SHALL NOT CONSTITUTE APPROVAL
OF THE FINAL PLAT. RATHER, IT SHALL BE DEEMED AN EXPRESSION OF APPROVAL AS A GUIDE
TO PREPARATION OF THE FINAL PLAT.
11.15.110 PRELIMINARY PLAT REQUIREMENTS.
THE PRELIMINARY PLAT SHALL SHOW THE FOLLOWING INFORMATION:
(A) LEGAL DESCRIPTION OF LOCATION TO INCLUDE LATITUDE AND LONGITUDE TO THE
NEAREST MINUTE AT ONE CORNER OF THE SURVEY AND THE TOTAL ACRES OF THE AREA
OCCUPIED OR CLAIMED.
(B) NAME AND ADDRESS OF APPLICANT AND NAME OF LAND SURVEYOR, IF ANY, WHO
PREPARED THE PRELIMINARY LAYOUT.
(C) THE HORIZONTAL SCALE SHALL BE 100’ TO THE INCH UNLESS OTHERWISE APPROVED BY
THE PLANNING & ZONING COMMISSION.
(D) DATE OF PREPARATION AND NORTH POINT.
(E) THE HORIZONTAL SCALE SHALL BE 100’ TO THE INCH UNLESS OTHERWISE APPROVED BY
THE PLANNING & ZONING COMMISSION.
(F) THE LOCATION OF ALL ROADS WITHIN 200’ OF THE TRACT, FILL MATERIAL, EXISTING
PERMANENT BUILDINGS, OR OTHER STRUCTURES WITHIN THE PARCEL, EXISTING UTILITY LINES,
MEAN HIGH AND LOW TIDE LINES WITH REFERENCE TO PERMANENT STRUCTURES AND OTHER
PERMANENT FEATURES SUCH AS SECTION LINES, AND SUCH OTHER INFORMATION AS MAY BE
REQUESTED BY THE CITY.
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(G) SPACE FOR APPROVAL AND/OR COMMENT BY THE PLANNING & ZONING AND HARBOR
COMMISSIONS.
(H) THE NAMES OF ADJACENT OWNERS OR CLAIMANTS, IF ANY, OTHER THAN THE CITY.
(I) ADJACENT U.S. SURVEYS, IF ANY, GIVING THE NUMBER OF THE SURVEY.
(J) A VICINITY SKETCH OR KEY MAP SHOULD BE SHOWN ON THE PRELIMINARY LAYOUT. THE
SCALE SHALL NOT BE LESS THAN ONE-HALF INCH TO THE MILE. THE RELATIVE LOCATION OF
THE PARCEL BEING APPLIED FOR, THE PRINCIPAL ROAD SYSTEMS AND SECTION OR SPECIAL
SURVEY LINES SHALL ALSO BE SHOWN.
11.15.120 SURVEY PROCEDURE.
WHEREVER FEASIBLE, DATA AS SET FORTH IN ATS 272, RECORDED IN THE KENAI RECORDING
DISTRICT AS 76-179 SHALL BE USED. WHERE ADDITIONAL DATA IS REQUIRED THE FOLLOWING
PROCEDURES SHALL GOVERN:
(A) DETERMINING THE LINE OF MEAN HIGH TIDE.
(1) IN THE CASE OF U.S. SURVEY WHICH ABUTS THE TIDELANDS, SUCH U.S. SURVEY BEING
MADE PRIOR TO THE DATE OF STATEHOOD, THE LINE OF MEAN HIGH TIDE SHALL BE
CONSTRUED TO BE EITHER THE MEANDER LINES ESTABLISHED ON THE SEAWARD SIDE OF
THE U.S. SURVEY OR THE LINE AS DEFINED UNDER SECTION 2(S) OF THESE REGULATIONS,
WHICHEVER IS THE LOWER.
(2) FOR TIDELANDS SURVEYS ABUTTING ANY U.S. SURVEY MADE AFTER THE DATE OF
STATEHOOD OR IN ANY LOCATION WHERE NO UPLANDS SURVEY EXISTS, THE LINE OF
MEAN HIGH TIDE SHALL BE DETERMINED BY USING U.S.C. & G.S. BENCH MARKS (OR ANY
OTHER BENCH MARKS WHICH HAVE BEEN ESTABLISHED FROM THAT SOURCE), AND TIDE
TABLE DATUM. THE UPLAND BOUNDARY NEED NOT FOLLOW THIS LINE IN ITS ENTIRE
EXACTNESS, BUT MAY FOLLOW IN A “MEANDER” OR “AVERAGE” LINE OF MEAN HIGH TIDE.
EACH END OF THE BOUNDARY SHOULD BE ESTABLISHED ON THE ELEVATION OF MEAN
HIGH TIDE. PROVIDED, HOWEVER, THAT WHERE THE TRUE LINE OF MEAN HIGH TIDE HAS
BEEN ALTERED BY FILL OR ARTIFICIAL ACCRETION, THE LINE OF HIGH TIDE AS IT EXISTED
PRIOR TO SUCH ALTERATION SHALL GOVERN.
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(3) IN THE CASE THAT NO U.S.C. & G.S. BENCH MARK EXISTS WITHIN ONE MILE OF THE
PROPERTY BEING SURVEYED, THE SURVEYOR MAY, BY USING THE TIDE TABLES FOR THE
IMMEDIATE BODY OF WATER, AND APPLYING TIDAL READINGS HE HAS TAKEN, DETERMINE
THE LINE OF MEAN HIGH TIDE AND USE IT IN ACCORDANCE WITH PARAGRAPH (2) OF THIS
SECTION. IN SOME CASES, SUCH AS SALT OR MUD FLAT AREAS WHERE THE AVERAGE
GRADE OF THE BENCH IS TEN PERCENT (10%) OR LESS AND DETERMINING THE ELEVATION
OF THE LINE OF MEAN HIGH TIDE COULD CREATE A LENGTHY HORIZONTAL DISTANCE, THE
CITY COUNCIL MAY REQUIRE THAT THE TRUE LINE OF MEAN HIGH TIDE BE ESTABLISHED,
REGARDLESS OF THE DISTANCE FROM A KNOWN BENCH MARK.
(B) METHOD OF ESTABLISHING SIDE BOUNDARY LINES.
(1) IN FIXING THE SIDE BOUNDARY LINES, THE GENERAL RULES OF EXTENDING RIPARIAN
BOUNDARY LINES, AS OUTLINED BY SUCH AUTHORS AS RAYNER, CLARK OR BROWN, SHALL
BE FOLLOWED. IN THE EVENT THAT ACTUAL OCCUPANCY DOES NOT MATCH THE RIPARIAN
BOUNDARIES, THE SURVEY SHALL BE MADE TO INCLUDE THE OCCUPANT’S HOLDINGS AND
NOT TO ENCROACH ON THE ADJOINING OCCUPANT.
11.15.130 PROCEDURE ON FINAL PLAT.
(A) THE FINAL PLAT SHALL CONFORM SUBSTANTIALLY TO THE PRELIMINARY LAYOUT AS
APPROVED BY THE COMMISSION.
(B) THE FINAL PLAT SHALL BE SUBMITTED TO THE CITY CLERK ON GOOD QUALITY TRACING
CLOTH, IN INK, OR MYLARS TOGETHER WITH FIVE PRINTS.
(C) THE FINAL PLAT SHALL BE DRAWN TO SCALE OF 1” EQUALS 100’, WITH AN OPTION OF
USING 1” EQUALS 20’ OR 40’, ON SHEETS OF ONE OF THREE SIZES: 18” X 24”, 31 1/2” X 34”, OR
22” X 36”, UNLESS OTHERWISE APPROVED BY THE COMMISSION. WHEN MORE THAN ONE SHEET
IS REQUIRED, AN INDEX SHALL BE FILED SHOWING THE ENTIRE PARCEL WITH THE SHEETS IN
NUMERICAL ORDER, AND EACH SHEET SHOWING THE TOTAL NUMBER, I.E., SHEET 1 OF 3. WHEN
MORE THAN ONE SHEET IS SUBMITTED, ONLY THE LAST MUST HAVE THE APPROVAL BLOCKS,
BUT ALL SHEETS MUST BE THE SAME SIZE.
(D) WHEN THE FINAL PLAT HAS BEEN APPROVED BY THE PLANNING & ZONING COMMISSION,
ONE COPY SHALL BE SENT, ALONG WITH THE DEED TO THE PROPERTY, TO THE MAGISTRATE OF
THE RECORDING DISTRICT IN WHICH THE TRACT LIES FOR OFFICIAL RECORDING. SPECIAL
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INSTRUCTIONS SHALL BE SENT TO THE MAGISTRATE INSTRUCTING HIM TO SEND THE DEED TO
THE OCCUPANT AFTER RECORDING. ONE COPY OF THE PLAT WILL BE RETURNED TO THE
OCCUPANT. THE ORIGINAL TRACING CONTAINING THE CERTIFICATION BY THE PLANNING &
ZONING COMMISSION WILL BE RETAINED BY THE CITY. PRINTS OR DUPLICATE
TRANSPARENCIES WILL BE FURNISHED AT COST OF REPRODUCTION.
11.15.140 FINAL PLAT REQUIREMENTS.
(A) THE FINAL PLAT SHALL INCLUDE ALL INFORMATION REQUIRED ON THE PRELIMINARY PLAT.
(B) THE FINAL PLAT MUST REPRESENT AN ACTUAL SURVEY MADE BY A PERSON WHO HAS BEEN
QUALIFIED BY THE STATE OF ALASKA, BOARD OF ENGINEERS & ARCHITECTS EXAMINERS TO
PRACTICE LAND SURVEYING IN THE STATE OF ALASKA.
(C) IN ADDITION THERETO, THE FOLLOWING INFORMATION SHALL BE SHOWN ON THE FINAL
PLAT:
(1) BOUNDARY LINES OF THE PARCEL WITH LENGTH AND BEARINGS WHICH MUST CLOSE
WITHIN THE LIMITS OF ONE TO 5,000. IF THE SEAWARD LIMITS OF THE SURVEY FALLS
WITHIN THE LINE OF MEAN LOW TIDE, THE SEAWARD BOUNDARY MUST REPRESENT LINES
ACTUALLY ESTABLISHED BY THE SURVEYOR.
(2) ALL EASEMENTS AS REQUIRED BY THE CITY.
(3) BASIS OF BEARINGS USED.
(4) A PROPERLY LABELED LEGEND SHOWING MONUMENTS AS FOUND OR ESTABLISHED.
(5) THE COURSE OF THE SHORELINE FOR AN ADDITIONAL 400’ FROM EACH SIDE OF THE
SURVEY.
(D) MONUMENTS.
(1) MINIMUM REQUIREMENTS: MONUMENTS SHALL CONSIST OF A 1 1/2” GALVANIZED
IRON PIPE, 30 OR MORE INCHES LONG. THIS PIPE SHALL HAVE A FOUR-INCH FLANGE
ACROSS THE BOTTOM AND SHALL BE FILLED WITH CONCRETE. FIRMLY EMPLACED IN THE
CONCRETE AT THE TOP SHALL BE A BRASS OR BRONZE CAP. THE PIPE SHALL BE
THOROUGHLY TAMPED WHEN SET.
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(2) THE BRASS OR BRONZE CAP SHALL HAVE A MINIMUM OF TWO-INCH DIAMETER
ACROSS THE TOP AND 3/4” BY 2 1/2” SHANK. EACH CAP SHALL BE MARKED IN
ACCORDANCE WITH THE MANUAL OF SURVEYING INSTRUCTIONS AS COMPILED BY THE
BUREAU OF LAND MANAGEMENT AND SHALL ALSO SHOW THE REGISTRATION NUMBER
OF THE SURVEYOR.
(3) WHERE IMPRACTICABLE TO SET AN IRON PIPE MONUMENT, A TABLET CONTAINING A
MINIMUM OF ONE THOUSAND (1,000) CUBIC INCHES OF CONCRETE AND A BRASS OR
BRONZE CAP MARKING THE ACTUAL CORNER POINT MAY BE USED. SHOULD THE POINT
FOR A CORNER BE IN A PLACE WHICH WOULD BE IMPRACTICABLE TO MONUMENT,
WITNESS CORNERS SHALL BE SET IN A SAFE PLACE ON THE SURVEY BOUNDARY LINE OR
HAVE TWO (2) REFERENCE MONUMENTS SET. THE MONUMENTS ON THE UPLANDS SIDE
OF THE SURVEY SHALL BE REFERENCED TO BEARING OBJECTS, SUCH AS TREES, ROCKS,
PILING, BUILDINGS, ETC., OR HAVE TWO (2) REFERENCE MONUMENTS SET MARKING THE
CORNER.
(E) THESE REFERENCES MAY BE SHOWN ON THE PLAT OF SURVEY OR MAY BE LISTED
SEPARATELY ON A PLAT AS DESCRIBED UNDER KMC 11.15.130(C).
(1) UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL, EACH SURVEY SHALL HAVE AT
LEAST FOUR (4) MONUMENTS, EACH FULLY DESCRIBED IN THE PLAT OF SURVEY. IT IS
DESIRABLE BUT NOT MANDATORY THAT MONUMENTS BE SET AT ALL EXTERIOR ANGLE
POINTS OF THE PARCEL. THE LINE OF SIGHT BETWEEN ADJACENT MONUMENTS SHALL BE
UNOBSTRUCTED. THE DISTANCE BETWEEN ADJACENT MONUMENTS SHALL NOT EXCEED
ONE THOUSAND THREE HUNDRED TWENTY FEET (1,320′). NO PART OF THE PARCEL SHALL
BE FARTHER THAN ONE THOUSAND THREE HUNDRED TWENTY FEET (1,320′) FROM A
MONUMENT UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL.
(2) IF THE POINT FOR THE SEAWARD CORNER FALLS IN AN UNSAFE PLACE, A WITNESS
CORNER SHALL BE ESTABLISHED ON THE SIDE BOUNDARY LINE.
(F) RELATIONSHIP TO KNOWN MONUMENT.
(1) BEARINGS OF ALL LINES SHALL BE REFERRED TO THE TRUE MERIDIAN. THE MAGNETIC
NEEDLE MAY NOT BE USED FOR THIS PURPOSE. BEARINGS SHALL BE OBTAINED BY
DEFLECTION FROM EXISTING OFFICIAL SURVEYS AT THE G.L.O., B.L.M., U.S.C., AND G.S.,
U.S.G.S., THE ALASKA DIVISION OF LANDS, OR MONUMENTS WITH PROPER IDENTIFICATION
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WHICH ARE DELINEATED ON RECORDED PLATS, UNLESS OTHERWISE PROVIDED FOR IN
THESE REGULATIONS.
(2) TRUE BEARINGS AND DISTANCES TO THE NEAREST ESTABLISHED SURVEY LINES, SUCH
AS THOSE LISTED PREVIOUSLY, WHICH SHALL BE ACCURATELY DESCRIBED ON THE PLAT,
SHALL BE SHOWN.
11.15.150 DEPOSITS FOR COSTS PREREQUISITE TO FILING.
THE APPLICATION FORM WILL ASSIST THE APPLICANT IN DETERMINING THE PROPER COSTS TO
ADVANCE, WHICH WILL DEPEND UPON THE NATURE OF THE RIGHT CLAIMED. IN ALL CASES A FILING
FEE AS SET FORTH IN THE CITY’S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL SHALL BE
REQUIRED. SURVEY COSTS DEPEND UPON THE AREA CLAIMED AT A PER FOOT RATE AS SET FORTH
IN THE CITY’S SCHEDULE OF FEES. IF THE AREA CLAIMED IS DIFFERENT FROM THE LOT AS IT APPEARS
ON THE PLAT, THE APPLICANT SHALL SHOW THE MEASUREMENTS OF THE ADDITIONAL OR LESSER
AREA CLAIMED AND COMPUTE AND PAY THE DIFFERENT SURVEY COST ACCORDINGLY. TRANSFER
COSTS WILL BE THE SAME IN ALL CASES. THEY COVER THE COST OF TIME ESTIMATED TO BE
REQUIRED TO EXAMINE, PROCESS, AND APPROVE THE APPLICATION, AS WELL AS TO PREPARE AND
EXECUTE THE DEED, PUBLISH NOTICE, GIVE NOTICE OF ADDITIONAL COSTS, IF ANY, AND GIVE
NOTICE TO APPLICANT. IN ALL CASES, TRANSFER COSTS WILL BE IN AN AMOUNT AS SET FORTH IN
THE CITY’S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. DEPOSIT FOR APPRAISAL COSTS
WILL BE REQUIRED IN ALL CASES OF CLASS III PREFERENCE RIGHTS, OR WHERE ANOTHER ASSERTED
RIGHT IS DETERMINED BY THE COUNCIL TO BE A CLASS III RIGHT. APPRAISAL COSTS SHALL DEPEND
UPON THE AREA INVOLVED AND THE COMPLEXITY OF THE APPRAISAL SOUGHT. WHERE REQUIRED
AS A DEPOSIT, THE MINIMUM AND MAXIMUM DEPOSIT FOR THE APPRAISAL FEE SHALL BE AS SET
FORTH IN THE CITY’S SCHEDULE OF FEES.
11.15.160 ADDITIONAL COSTS IN CERTAIN CASES.
ASIDE FROM DEPOSITS REQUIRED AT THE TIME OF FILING APPLICATIONS, ADDITIONAL COSTS WILL
BE REQUIRED TO BE PAID PRIOR TO HEARINGS WHERE DISPUTES REQUIRE HEARINGS, AND FOR
COST OF LAND UNDER A CLASS III RIGHT AS WELL AS APPRAISAL THEREOF WHEN A PREFERENCE
RIGHT SOUGHT TO BE EXERCISED IS DETERMINED TO BE A CLASS III RIGHT, AS FOLLOWS:
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(A) WHEN THE AREA CLAIMED DOES NOT COMPLY WITH THE BOUNDARIES OF THE LOT
SHOWN ON THE PLAT, IT IS NECESSARY TO HAVE A HEARING TO ESTABLISH THE VALIDITY OF
THE RIGHT CLAIMED AND WHETHER IT IS NECESSARY FOR THE PLAT TO BE CHANGED TO
COMPLY WITH THE APPLICATION. THIS MAY REQUIRE NOTICE TO BE GIVEN TO ADJACENT
OCCUPANTS INTERESTED IN THE DIFFERENCE BETWEEN THE LANDS CLAIMED AND LAND AS
SHOWN ON THE PLAT SO THAT ALL PARTIES IN INTEREST MAY BE HEARD AT THE HEARING.
(B) WHEN APPLICATIONS CONFLICT WITH THE SAME AREA OR PORTIONS THEREOF, IT SHALL
BE NECESSARY TO CONDUCT A HEARING TO DETERMINE THE FACT AND THE ISSUE IN
QUESTION. CONFLICTING CLAIMS WILL BE CAREFULLY SCRUTINIZED AND EACH DISPUTING
PARTY WILL BEAR THE BURDEN OF PROVING FACTS SUFFICIENT TO ESTABLISH THE VALIDITY OF
HIS OR HER CLAIM.
(C) THE PARTY FILING AN APPLICATION CONFLICTING WITH A CLAIM PREVIOUSLY FILED SHALL
BE REQUIRED TO DEPOSIT HEARINGS COSTS IN THE AMOUNT OF ONE HUNDRED DOLLARS
($100.00). IF THE CONFLICT IS NOT KNOWN AT THE TIME OF FILING, THE APPLICANT SHALL BE
ADVISED OF THE CONFLICT AS SOON AS IT IS KNOWN AND OF THE NEED TO DEPOSIT THE
HEARING COST DEPOSIT.
(D) THE APPLICANT WHO AFTER HEARING AND DETERMINATION BY THE COUNCIL IS
DETERMINED TO HAVE CLAIMED THE LAND OF ANOTHER SHALL BE THE PARTY TO BEAR THE
COST OF THE HEARING. IF SUCH PARTY DID NOT DEPOSIT SUCH COSTS, NO DEED SHALL BE
DELIVERED TO HIM OR HER UNTIL THE COST IS PAID. WHERE THE DEPOSITOR IS THE PREVAILING
PARTY, THE HEARING COST DEPOSITED SHALL BE REFUNDED TO HIM OR HER BY THE CITY.
(E) WHEN TITLE BY CLASS III PREFERENCE RIGHT IS CLAIMED, THE APPLICANT SHALL BE
REQUIRED TO DEPOSIT THE APPRAISED PURCHASE PRICE AFTER APPRAISAL HAS BEEN MADE
AND THE PURCHASE PRICE HAS BEEN SO DETERMINED. THE SAME PROCEDURE WILL BE APPLIED
WHEN NO APPLICATION UNDER ANOTHER CLASS OF RIGHT IS SOUGHT BUT IS DETERMINED
THAT THE ONLY AVAILABLE RIGHT TO THE APPLICANT IS A CLASS III RIGHT.
(F) WHEN A PREFERENCE RIGHT IS SOUGHT TO BE EXERCISED OTHER THAN A CLASS III RIGHT
AND SUCH RIGHT IS DETERMINED TO BE A CLASS RIGHT, THEN THE APPLICANT SHALL BE
REQUIRED TO DEPOSIT THE ESTIMATED COST OF APPRAISING THE PROPERTY CLAIMED.
(G) THE APPLICANT WHO RECEIVES THE DEED FROM THE CITY SHALL AT HIS OR HER OWN
COST BEAR THE COST OF RECORDING THE DEED.
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(ORD. 455-78)
11.15.170 PROCEDURES FOR PROCESSING FILED APPLICATIONS.
THE CLERK SHALL CAUSE THE FOLLOWING PROCEDURES TO BE CARRIED OUT:
(A) ALL COPIES OF APPLICATIONS ACCEPTED FOR FILING SHALL BE STAMPED WITH TIME AND
DATE OF FILING AND AN APPLICATION NUMBER IN CHRONOLOGICAL ORDER OF FILING.
(B) ALL ORIGINAL APPLICATIONS SHALL BE FILED IN A PERMANENT REGISTER AND THE NAMES
OF THE APPLICANTS ENTERED IN AN ALPHABETICAL INDEX WHICH SHALL BE A PERMANENT
PART OF SUCH REGISTER.
(C) THE APPLICATION REGISTER SHALL BE AVAILABLE FOR PUBLIC INSPECTION DURING OFFICE
HOURS OF THE CLERK EXCEPT WHEN IN ACTUAL USE FOR FILING AND INDEXING.
(D) CERTIFIED COPIES OF ALL APPLICATIONS SHALL BE PREPARED FOR ALL PERSONS UPON
REQUEST UPON THEIR PAYING TWO DOLLARS ($2.00) PER PAGE FOR COPIES OF SAID
APPLICATIONS AND ANY ATTACHMENTS FORMING A PART THEREOF.
(E) PROCESSING OF DUPLICATE APPLICATIONS. THE THIRD COPY OF THE APPLICATION WILL BE
RETURNED TO THE APPLICANT AS HIS OR HER RECORD AND AS RECEIPT FOR DEPOSIT MADE,
OR MAILED TO APPLICANT IF HE OR SHE HAS PROVIDED A RETURN ENVELOPE. THE SECOND
COPY SHALL BE THE WORKING FILE COPY TO BE HANDLED AND PROCESSED AS FOLLOWS:
(1) APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS HAVING WAIVERS ATTACHED
AND WHICH APPLY FOR LANDS WHICH COMPLY WITH THE PLAT WITH RESPECT TO AREA
AND BOUNDARY LOCATIONS SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR
HANDLING AS PROVIDED IN KMC 11.15.190. APPLICATIONS TO EXERCISE CLASS I
PREFERENCE RIGHTS WHICH DO NOT HAVE WAIVERS ATTACHED, IRRESPECTIVE OF
WHETHER THE LANDS APPLIED FOR COMPLY WITH THE PLAT SHALL BE SEGREGATED FOR
HANDLING IN THE SAME MANNER AS CLASS II PREFERENCE RIGHT APPLICATIONS.
(2) APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS HAVING WAIVERS ATTACHED,
AND WHICH CLAIM LANDS WHICH DO NOT COMPLY WITH THE PLAT WITH RESPECT TO
AREA AND BOUNDARY LOCATIONS, SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR
HANDLING AS PROVIDED IN KMC 11.15.190 AND FURTHER PROCESSING AS PROVIDED IN
KMC 11.15.220.
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(3) APPLICATIONS TO EXERCISE CLASS II PREFERENCE RIGHTS SHALL BE SEGREGATED AND
KEPT WITH CLASS I PREFERENCE RIGHT APPLICATIONS NOT HAVING WAIVERS ATTACHED.
ALL SUCH APPLICATIONS SHALL BE HELD IN ABEYANCE BY THE CITY UNTIL SUCH TIME AS
THE PIERHEAD LINE IS ESTABLISHED BY THE CORPS OF ENGINEERS, WHEREUPON SUCH
APPLICATIONS SHALL BE PROMPTLY HONORED AND PROCESSED IN THE MANNER HEREIN
DESCRIBED FOR CLASS I PREFERENCE RIGHT APPLICATIONS, WHERE WAIVERS ARE
ATTACHED.
(4) APPLICATIONS TO EXERCISE CLASS III PREFERENCE RIGHTS, AND ALL APPLICATIONS
DETERMINED IN WHOLE OR IN PART TO BE CLASS III, SHALL BE TRANSMITTED TO THE
ASSESSOR FOR APPRAISAL AS PROVIDED IN KMC 11.15.180.
(5) NO APPLICATIONS WHICH COMBINE CLASS I, CLASS II, AND CLASS III, OR ANY
COMBINATION OF SUCH PREFERENCE RIGHTS, WILL BE ACCEPTED FOR FILING. ANY SUCH
APPLICATION PRESENTED FOR FILING SHALL BE RETURNED TO THE APPLICANT FOR
REVISION INTO TWO OR MORE APPLICATIONS, EACH OF WHICH WILL APPLY FOR LAND
UNDER ONLY ONE TYPE OF PREFERENCE RIGHT.
(6) AN APPLICATION TO EXERCISE ONE CLASS OF PREFERENCE RIGHT WHICH IN PART
COMPLIES WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS, BUT DOES
NOT WHOLLY COMPLY WITH THE PLAT IN SUCH RESPECTS, SHALL BE TREATED AS IF NO
PART OF THE APPLICATION SO COMPLIES WITH THE PLAT AND SHALL BE PROCESSED FOR
CONTEST HEARING.
11.15.180 APPRAISAL.
ALL APPLICATIONS FOR CLASS II PREFERENCE RIGHTS SHALL BE TRANSMITTED TO A PROFESSIONAL
APPRAISER FOR APPRAISAL. HIS APPRAISAL SHALL BE MADE ON A FORM PREPARED IN DUPLICATE,
THE ORIGINAL OF WHICH SHALL BE ATTACHED TO THE APPLICATION AND THE DUPLICATE OF
WHICH SHALL BE RETAINED FOR HIS RECORDS. APPLICATIONS WHEN APPRAISED SHALL BE
TRANSMITTED TO THE CITY ENGINEER FOR FURTHER PROCESSING.
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11.15.190 REVIEW BY CITY ENGINEER.
ALL APPLICATIONS BEING READY FOR PROCESSING SHALL BE REVIEWED BY THE CITY ENGINEER.
UPON REVIEW AND COMPARISON WITH THE PLAT, HE SHALL MAKE HIS REQUEST TO THE HARBOR
COMMISSION GIVING A COPY THEREOF TO THE APPLICANT AS TO WHETHER OR NOT THE
APPLICATION SEEKS TO EXERCISE A PREFERENCE RIGHT TO LAND WHICH IS DESCRIBED ON THE
PLAT, AND COMPLIES WITH IT IN RESPECT TO AREA AND BOUNDARY LOCATIONS.
11.15.200 RECOMMENDED APPROVAL BY COMMISSION.
THE CITY OF KENAI [ADVISORY HARBOR] PLANNING & ZONING COMMISSION SHALL REVIEW ALL
APPLICATIONS FOR TIDELANDS UPON THE SUBMISSION OF THE CITY ENGINEER’S REPORT. THE
PLANNING & ZONING COMMISSION MAY CONDUCT PUBLIC HEARINGS TO VERIFY THE VALIDITY OF
THE APPLICANT’S CLAIM AND REQUEST ADDITIONAL EVIDENCE BY WAY OF AFFIDAVITS AND THE
LIKE IN ORDER TO COME TO RECOMMEND SAID CLAIM FOR APPROVAL BY THE CITY COUNCIL
NOTIFYING APPLICANT THEREOF BY MAIL SENT TO THE ADDRESS STATED ON HIS APPLICATION. THE
PLANNING & ZONING COMMISSION MAY PROVIDE A CHECK-OFF LIST TO AID IT IN CONSIDERING
APPLICATIONS. THE CITY COUNCIL SHALL CONSIDER FOR APPROVAL THE CLAIM OF THE APPLICANT
WITHIN THE TIME LIMITATIONS AND WITH THE RIGHT OF APPEAL GIVEN PURSUANT TO KMC
11.15.240.
11.15.210 PROCESSING OF APPROVED APPLICATIONS BY CLERK AND
NOTICE TO PUBLIC.
ALL APPLICATIONS RETURNED TO THE CLERK APPROVED BY THE CITY ENGINEER, AND APPRAISED
BY THE ASSESSOR IF REQUIRED, SHALL BE PROCESSED BY THE CLERK IN THE FOLLOWING MANNER:
(A) THE CLERK SHALL ASCERTAIN IF THE DEPOSIT MADE BY THE APPLICANT IS SUFFICIENT TO
PAY ALL KNOWN AND ESTIMATED COSTS OF SURVEY, APPRAISAL, TRANSFER, AND PURCHASE,
IF OF CLASS III AND IF NOT, TO ADVISE THE APPLICANT THAT THE REMINDER DUE SHALL BE
DEPOSITED WITH THE CLERK BEFORE FURTHER PROCESSING.
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(B) IF OR WHEN THE DEPOSIT IS SUFFICIENT TO PAY ALL SUCH COSTS, THE CLERK SHALL CAUSE
TO BE PUBLISHED ONCE A WEEK FOR FOUR WEEKS, IN A NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY, THE FOLLOWING:
(1) NOTICE OF THE NAMES OF THE APPLICANT(S), THE BLOCK AND LOT NUMBERS OF THE
PROPERTY CLAIMED ACCORDING TO PLAT DESIGNATIONS;
(2) THE PREFERENCE RIGHT CLAIMED;
(3) THE IMPROVEMENTS MADE;
(4) THE LENGTH OF TIME (INCLUDING THE DATES) THE APPLICANT OCCUPIED THE LAND;
AND
(C) IF CLASS III ITS APPRAISED VALUE, AND THAT THE CITY WILL ISSUE TO THE APPLICANT(S)
ITS DEED THEREFOR WITHIN THIRTY (30) DAYS AFTER THE LAST DATE OF PUBLICATION,
PROVIDED THAT BEFORE DATE OF LAST PUBLICATION NO ADVERSE APPLICATION OR CLAIM
HAS BEEN FILED WITH THE CITY.
(D) DURING SAID PERIOD OF PUBLICATION, THE APPLICATIONS THEREOF SHALL BE RETURNED
TO THE CITY ENGINEER WHO, AT THE END OF SAID PERIOD OF PUBLICATION, SHALL NOTE ON
THE APPLICATION WHETHER OR NOT ANY ADVERSE CLAIMS HAVE BEEN FILED FOR THE LAND
IN QUESTION.
(E) IF ADVERSE CLAIMS HAVE BEEN FILED, THE APPLICATIONS SHALL BE FURTHER PROCESSED
FOR HEARING. IF NO ADVERSE CLAIMS HAVE BEEN FILED, THE RESPECTIVE APPLICATIONS SHALL
BE RETURNED TO THE CLERK.
11.15.220 DEEDS—PERMANENT REGISTER.
THE CLERK SHALL THEN CAUSE TO BE PREPARED A QUIT-CLAIM DEED CONVEYING SUCH LAND TO
THE APPLICANT(S) THAT THE CITY HAS AND TRANSMIT THE QUIT-CLAIM DEED TO THE MANAGER
FOR EXECUTION. NOTICE SHALL THEN BE SENT TO THE APPLICANT TO TAKE DELIVERY OF SAID DEED
AT THE OFFICE OF THE CLERK, WHO SHALL DELIVER THE SAME TO THE APPLICANT IF ALL
REQUIREMENTS HAVE BEEN MET AND ALL COSTS, INCLUDING PURCHASE PRICE, IF REQUIRED, HAVE
BEEN PAID. DUPLICATE ORIGINALS OF ALL EXECUTED DEEDS SHALL BE KEPT IN THE OFFICE OF THE
CLERK IN A PERMANENT REGISTER ENTITLED “KENAI TIDELANDS DEEDS” WITH PERMANENT
ALPHABETICAL INDEX OF GRANTEES.
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11.15.230 SPECIAL PROCEEDINGS FOR DISPUTED CLAIMS.
THE PLANNING & ZONING COMMISSION SHALL SIT AS A QUASI ADJUDICATORY BODY TO SET
DISPUTES FOR HEARING AND HEAR THE EVIDENCE UNDER OATH OF THE PARTIES TO THE DISPUTES.
PROCEEDINGS SHALL BE INFORMALLY CONDUCTED BUT TESTIMONY TAKEN UNDER OATH, AND
NOTICE OF THE PROCEEDINGS SHALL BE GIVEN TO THE DISPUTING PARTIES. THEIR OBJECT SHALL
BE TO DETERMINE WITHOUT DELAY THE RESPECTIVE BASIS OF THE CONFLICTING CLAIMS. UPON THE
SUBMISSION OF EACH DISPUTE, THE PLANNING & ZONING COMMISSION SHALL PREPARE A SHORT
SUMMARY ON THE CONFLICTING CLAIMS AND THE EVIDENCE SUBMITTED IN SUPPORT THEREOF,
TOGETHER WITH THEIR WRITTEN FINDINGS OF FACT, AND CONCLUSIONS OF LAW.
11.15.240 PROCEEDINGS FOR DETERMINATION BY COUNCIL OF ALL
DISPUTES.
UPON RECEIPT OF THE WORKING FILES IN ALL CASES OF DISPUTES, AND THE SUMMARY OF THE
HEARINGS OFFICER, TOGETHER WITH COPIES OF NOTICES OF HEARINGS SERVED UPON OR MAILED
TO ALL PARTIES TO THE DISPUTE, THE COUNCIL SHALL SET THE DISPUTE OF HEARING AND
DETERMINATION, AND CAUSE NOTICE TO BE SERVED ON ALL PARTIES. UPON THE COUNCIL HAVING
HEARD THE DISPUTE IT SHALL ENTER ITS RULING THEREON AS QUICKLY AS POSSIBLE, BUT NOT
LATER THAN TEN (10) DAYS AFTER THE MATTER IS SUBMITTED. AGGRIEVED PERSONS SHALL HAVE
THE RIGHT OF APPEAL TO THE SUPERIOR COURT, WITHIN THIRTY (30) DAYS AFTER THE RULING OF
THE COUNCIL IS RENDERED.
11.15.250 DETERMINATION UPON STIPULATION OF FACTS.
WHEREVER POSSIBLE, TO REACH AGREEMENT OF THE PARTIES AT HEARINGS BEFORE THE PLANNING
& ZONING COMMISSION, A STIPULATION OF FACTS SHALL BE PREPARED AND AGREED UPON BY
THE PARTIES. WHERE THIS IS DONE, THE PLANNING & ZONING COMMISSION SHALL PREPARE AND
ATTACH ITS CONCLUSIONS OF LAW AND SUBMIT THE FILE TO THE CITY ENGINEER TO DETERMINE
IF THE CITY’S INTERESTS ARE AFFECTED BY THE STIPULATION, OR IF A BOUNDARY CHANGE IS
REQUIRED AND NO THIRD PARTY OR CITY INTERESTS ARE AFFECTED ADVERSELY BY THE PROPOSED
CHANGE IN BOUNDARIES OF LOTS SHOWN ON THE PLAT, UPON APPROVAL OF THE COUNCIL THE
PLAT SHALL BE DIRECTED TO BE CHANGED. SHOULD IT BE DETERMINED BY THE CITY ENGINEER THAT
THE STIPULATION ADVERSELY AFFECTS THE INTEREST OF THE CITY OR THOSE OF THIRD PARTIES,
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THE DISPUTE SHALL BE RETURNED TO THE PLANNING & ZONING COMMISSION FOR FURTHER
PROCEEDINGS UPON NOTICE GIVEN. (ORD. 455-78)
11.15.260 REJECTION OF PROTESTS OTHER THAN BY APPLICANT.
NO OBJECTIONS WILL BE RECEIVED TO PROPOSED ISSUANCE BY DEED BY THE CITY ON PUBLICATION
OF NOTICE THEREOF, NOR WILL ANY PERSON BE PERMITTED TO APPEAR AND BE HEARD AT ANY
HEARING OF A DISPUTE BEFORE THE PLANNING & ZONING COMMISSION OR THE COUNCIL, UNLESS
SUCH OBJECTOR OR PERSON IS AN APPLICANT FOR PREFERENCE RIGHTS OF CLASS I OR II AND HAS
FILED AN APPLICATION WITH THE CLERK. THE FOREGOING SHALL NOT PREVENT THE APPEARANCES
BEFORE THE PLANNING & ZONING COMMISSION OR COUNCIL OF WITNESSES APPEARING ON
BEHALF OF THE PARTIES IN DISPUTE OR PERSONS CALLED BY THE PLANNING & ZONING
COMMISSION OR COUNCIL WHO MAY HAVE PERSONAL KNOWLEDGE CONCERNING THE
VERIFICATION OF CLAIMS. (ORD. 455-78)
11.15.270 HANDLING OF DEPOSIT AND PURCHASE FUNDS.
(A) ALL FUNDS RECEIVED AS DEPOSITS WITH APPLICATIONS FOR COSTS OR PURCHASE PRICE
FOR TIDELANDS SHALL BE DEPOSITED BY THE FINANCE DIRECTOR IN THE GENERAL FUND. SUCH
DEPOSITS WILL BE CREDITED BY THE FINANCE DIRECTOR AS FOLLOWS:
(1) SURVEY COSTS - AS A CREDIT TO DISBURSEMENTS MADE BY THE CITY FOR COSTS OF
PREPARING THE TIDELANDS SUBDIVISION PLAT.
(2) TRANSFER COSTS - TO ADMINISTRATIVE COSTS AS DEEDS ARE ISSUED.
(3) APPRAISAL COSTS - TO ADMINISTRATIVE COSTS AS EARNED, OR AS CREDIT TO
APPRAISAL COSTS INCURRED.
(B) PURCHASE COSTS OF CLASS II LANDS—SHALL BE CREDITED TO A SEPARATE ACCOUNT IN
THE GENERAL FUND TO PAY FOR IMPROVEMENTS IN TIDELANDS AREAS CONSISTING OF FILL,
STREET, SIDEWALK, AND SEWER IMPROVEMENTS.
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11.15.280 FORFEITURE OF PREFERENCE RIGHTS.
ANY OCCUPANT, OWNER, OR HOLDER OF PREFERENCE RIGHTS AS HEREIN DEFINED, WHO HAS NOT
APPLIED TO THE CITY FOR TITLE THERETO AS HEREIN PROVIDED, ON OR BEFORE TWO (2) YEARS
AFTER THE DATE APPLICATIONS TO EXERCISE PREFERENCE RIGHTS WILL BE ACCEPTED FOR FILING
BY THE CITY UNDER THIS ORDINANCE, BY A PROPERLY COMPLETED APPLICATION DULY FILED WITH
THE CLERK AND ACCOMPANIED BY THE REQUIRED DEPOSIT, SHALL HAVE FORFEITED HIS RIGHT TO
ASSERT THIS PREFERENCE RIGHTS AND ACQUIRE TITLE TO TIDELANDS SUBJECT THERETO FROM THE
CITY; AND SUCH TIDELANDS AND CONTIGUOUS SUBMERGED LANDS SUBJECT TO SUCH UNUSED
PREFERENCE RIGHTS SHALL THEREAFTER BE FREE AND CLEAR OF ALL CLAIMS TO PREFERENCE
RIGHTS AND THE CITY SHALL HAVE NO OBLIGATION TO CONVEY THE SAME TO ANY PERSON OR
PERSONS WHOSOEVER, AND SAID LAND SHALL THEN BE AND REMAIN THE PROPERTY OF THE CITY
AND BE SUBJECT TO SUCH DISPOSITION AS PROVIDED FOR BY LAW OR ORDINANCE.
11.15.290 FORMS.
THE CLERK SHALL CAUSE TO BE PRINTED APPLICATION FORMS AND OTHER FORMS FOR USE IN
PROCESSING THE SAME IN SUBSTANTIALLY THE FOLLOWING FORM:
(A)
APPLICATION FOR TIDELAND
PREFERENCE RIGHTS
NAME _______________________ APPLICATION NO. __________
HOME ADDRESS
POST OFFICE ADDRESS
MARK X TO DESIGNATE NATURE OF PREFERENCE RIGHT CLAIMED:
CLASS I___________________________________
CLASS II___________________________________
CLASS III___________________________________
DOES THE TIDELAND PLAT 272 CORRECTLY SHOW THE LAND APPLIED FOR:
YES ____ NO ____
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IF TIDELAND PLAT DOES NOT CORRECTLY SHOW LAND APPLIED FOR, DESCRIBE IT BY METES AND
BOUNDS AND ATTACHED PLAT OF LAND APPLIED FOR (USE ATTACHMENT IF MORE SPACE IS
REQUIRED).
ALL CLAIMED IMPROVEMENTS WERE FIRST CONSTRUCTED AND USED (1) BEFORE SEPTEMBER 7,
1957? (2) BEFORE SEPTEMBER 7, 1957 AND JANUARY 3, 1969? (3) AFTER JANUARY 3, 1959?
IS ANY PART OF YOUR CLAIM BASED ON IMPROVEMENTS AND/OR FILL CONSTRUCTED OR PLACED
AFTER JANUARY 3, 1959?
YES ______,
NO ______. IF ANSWER IS “YES,” DESCRIBE AREA IMPROVED AFTER JANUARY 3, 1959 (USE
ATTACHMENT IF MORE SPACE IS NEEDED), AND STATE NATURE OF IMPROVEMENTS.
HAVE ANY OF THESE IMPROVEMENTS BEEN EXTENDED OR IMPROVED AFTER (1) SEPTEMBER 7,
1957? (2) JANUARY 3, 1959? DESCRIBE.
WAS THIS BENEFICIAL USE CONTINUED THROUGH JANUARY 3, 1959? DESCRIBE.
THE PLAT IS BASED ON APPARENT USE AND IMPROVEMENTS EXISTING ON JANUARY 3, 1959,
RECOGNIZED BY THE ALASKA LAND ACT; STATE ANY REASON KNOWN TO YOU WHY YOUR CLAIM
DOES NOT CORRESPOND WITH THE PLAT. (USE ATTACHMENT IF MORE SPACE IS REQUIRED.)
I OFFER CASH ____________, MONEY ORDER _____________, CASHIER’S CHECK _____________, IN THE
AMOUNT OF $ _____________AS DEPOSIT FOR THE FOLLOWING COSTS:
USE BY CLERK
FILING FEE $__________ $__________
SURVEY COSTS (AT RATE OF ____/SQ. FT.) $__________ $__________
APPRAISAL COSTS (CLASS II APPLICATIONS) $__________ $__________
TRANSFER COSTS ($ ________) $__________ $__________
HEARING COSTS (IF CLAIM ADVERSE TO PRIOR
APPLICATION A DEPOSIT OF $ __________ FOR
HEARING AND SERVICE NOTICE IS REQUIRED.)
$__________ $__________
TOTAL DEPOSIT (DOES NOT INCLUDE PURCHASE
PRICE OF LAND IN CLASS II APPLICATIONS)
$__________ $__________
DEPOSIT RECEIVED BY CITY BY: ____________________________________
DATE OF APPLICATION: ____________________________________
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DATE APPLICATION RECEIVED BY CITY: ____________________________________
TIME FILED: ____________________________________
CERTIFICATION
I, ____________________ , THE ABOVE-NAMED APPLICANT, OR ITS AGENT, HEREBY CERTIFIES THAT ALL
OF THE STATEMENTS MADE IN THE APPLICATION AND INCORPORATED ATTACHMENTS, IF ANY, ARE
TRUE AND CORRECT.
PRINT NAME(S)
SIGNATURE(S)
(B)
ASSESSOR’S APPRAISAL
THE UNDERSIGNED APPRAISER(S) DO HEREBY CERTIFY THAT HE HAS DULY APPRAISED THE TIDE
AND/OR SUBMERGED LAND DESCRIBED IN THE ATTACHED APPLICATION NO. _____________ OF
____________, WITHOUT INCLUDING IN THE HEREINAFTER STATED VALUE ANY VALUE FOR VALUABLE
IMPROVEMENTS CONSTRUCTED OR PLACED HEREON PRIOR TO JANUARY 3, 1959, AT THE FAIR
MARKET VALUE.
TIDELAND __________ SQ. FT. AT $ _____________ PER SQ. FT., $ ____________.
DATED, AT KENAI, ALASKA, THIS __________ DAY OF ___________, 19 ____.
SIGNED:
(C)
WAIVER OF CLASS II PREFERENCE RIGHTS
(ATTACH TO EACH CLASS I APPLICATION)
I, _______________, THE APPLICANT, OR HIS AUTHORIZED AGENT, IN THE APPLICATION FOR TIDELAND
PREFERENCE RIGHTS, APPLICATION NO. _______________, TO WHICH THIS WAIVER IS ATTACHED, DO
HEREBY WAIVE ANY AND ALL PREFERENCE RIGHTS, TO ACQUIRE TIDE OR SUBMERGED AND LYING
SEAWARD OF THE CITY OF KENAI, TO WHICH I AM NOW OR MAY HEREAFTER BECOME ENTITLED BY
REASON OF THE PROVISIONS OF PUBLIC LAW 85-303.
DATED, AT KENAI, ALASKA, THIS ___________ DAY OF _____________, 19 ____.
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(PRINT NAME)
(SIGNATURE)
(D)
CITY OF KENAI, ALASKA
TIDELAND QUIT-CLAIM DEED
THIS DEED, MADE IN DUPLICATE THIS __________ DAY OF ______________, 19 ____, BY AND BETWEEN
THE CITY OF KENAI, ALASKA, GRANTOR, AND ________________, GRANTEE(S).
W I T N E S S E T H:
THAT THE SAID GRANTOR, FOR AND IN CONSIDERATION OF THE SUM OF ONE AND NO 100/THS
($1.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, TO IT IN HAND PAID BY THE
SAID GRANTEE(S), PURSUANT TO THE PROVISIONS OF THE ALASKA LAND ACT (CHAPTER 169, SLA
1959) AND ORDINANCE NO. 455-78, ENACTED ON JANUARY 3, 1979, PURSUANT THERETO, DOES
HEREBY CONVEYS, QUIT CLAIMS, AND CONFIRMS UNTO SAID GRANTEE(S) AS TENANTS BY THE
ENTIRETY, WITH THE RIGHT OF SURVIVORSHIP (STRIKE IF GRANTEES ARE NOT HUSBAND AND WIFE),
AND TO HIS (THEIR) HEIRS AND ASSIGNS (STRIKE IF GRANTEE A CORPORATION) AND TO ITS
SUCCESSORS AND ASSIGNS (STRIKE IF GRANTEE NOT A CORPORATION), ALL SUCH INTEREST AS
THE GRANTOR HAS, IF ANY, IN THE FOLLOWING DESCRIBED LOT, PIECE, PARCEL AND TRACT OF
TIDELAND AND CONTIGUOUS SUBMERGED LAND SITUATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF KENAI, ALASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
ALL OF LOT ________, BLOCK __________, ACCORDING TO THE OFFICIAL TIDELANDS SUBDIVISION PLAT
OF THE CITY OF KENAI, ALASKA.
TOGETHER WITH ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES
THEREUNTO BELONGING OR IN ANYWISE APPERTAINING.
TO HAVE AND TO HOLD THE SAME UNTO THE SAID GRANTEE(S), HIS OR THEIR HEIRS AND ASSIGNS,
(OR) TO ITS SUCCESSORS AND ASSIGNS, FOREVER.
IN WITNESS WHEREOF, THE GRANTOR HAS CAUSED THIS DEED TO BE EXECUTED THE DAY AND
YEAR HEREINABOVE FIRST WRITTEN.
CORPORATE SEAL CITY OF KENAI, ALASKA
_________________
BY: (ITS MANAGER)
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ATTEST:
_________________
CLERK
]
Chapter 11.20
LEASING OF TIDELANDS
Sections:
11.20.010 Policy.
11.20.020 Lands available for leasing.
11.20.030 Qualifications of applicants.
11.20.040 Classification prior to lease required.
11.20.050 Applications.
11.20.060 Rights prior to leasing.
11.20.070 Procedure.
11.20.080 Public notice—Public hearing.
11.20.090 Selection of applicant.
11.20.100 Appeal.
11.20.110 Appraisal and survey of leased lands.
11.20.120 The lease document—Terms.
11.20.130 Appraisal.
11.20.140 Review.
11.20.150 Annual minimum rental.
11.20.160 Principles and policy of lease rates.
11.20.170 Responsibility to properly locate.
11.20.180 Lease utilization.
11.20.190 Subleasing.
11.20.200 Assignments.
11.20.210 Modification.
11.20.220 Cancellation—Forfeiture.
11.20.230 Default—Right of entry.
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11.20.240 Notice or demand.
11.20.250 Financing—Rights of mortgages or lienholder.
11.20.260 Entry and re-entry.
11.20.270 Re-lease.
11.20.280 Forfeiture of rental.
11.20.290 Right of inspection.
11.20.300 Easement grants reserved.
11.20.310 Lease subordinate to financing requirements.
11.20.320 Written waiver.
11.20.330 Surrender on termination.
11.20.340 Sanitation.
11.20.350 Building and zoning codes.
11.20.360 Rules.
11.20.370 Aircraft operations protected.
11.20.380 Right to enjoyment and peaceable possession.
11.20.390 Lessee to pay taxes.
11.20.400 No partnership or joint venture created.
11.20.410 Default bankruptcy.
11.20.420 Nondiscrimination.
11.20.430 Partial invalidity.
11.20.440 Parole modifications.
11.20.450 Amendment of lease.
11.20.460 Compliance with laws.
11.20.470 Care of premises.
11.20.480 Lessee’s obligation to remove liens.
11.20.490 Condemnation.
11.20.500 Protection of subtenants.
11.20.510 Successors in interest.
11.20.520 Governing law.
11.20.530 Notices.
11.20.540 Fire protection.
11.20.550 Inspection.
11.20.560 Personal use of materials.
11.20.570 Restrictions and reservations.
11.20.580 Waste and injury to land.
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11.20.590 Warranty.
11.20.600 Approval of other authorities.
11.20.610 Title restrictions.
11.20.620 Insurance—Hold harmless.
11.20.630 Insurance of users—Subtenants.
11.20.640 Annual report.
11.20.650 Tidelands claims.
11.20.660 Subjection to harbor ordinance.
11.20.670 Arbitration.
11.20.680 Provisions regulating public use purpose.
11.20.690 Provision to be included in public use lease.
11.20.700 Public use: defined.
11.20.710 Controlled access.
11.20.720 Use charges.
11.20.730 Maintenance of dock.
11.20.740 Modifications of existing leases.
11.20.750 Unauthorized removal of material prohibited.
11.20.760 Removal not authorized by lease.
11.20.770 Disposition of rights by Council.
11.20.780 Penalties.
11.20.790 Tideland leases for shore fisheries.
[11.20.010 POLICY.
THE CITY, IN ORDER TO MAKE SITES AVAILABLE FOR BENEFICIAL INDUSTRIES, MAY LEASE CITY-
OWNED TIDELANDS TO PERSONS WHO AGREE TO OPERATE A BENEFICIAL INDUSTRY UPON THE
TERMS AND CONDITIONS THE COUNCIL CONSIDERS ADVANTAGEOUS TO THE CITY.] The new
general fund land code provides that lands can be leased to encourage responsible growth and
development to support a thriving business, residential, recreational and cultural community. The
Policy statement above does not add anything different and should be removed. Additionally, specific
parcels require specific industries per the conveyance documents to the City (i.e. public docking,
maritime commerce, etc.) and these limitations are in the City’s land management plan.
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11.20.020 Lands [A]Available for [L]Leasing. (House Keeping)
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 right 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. This should stay in as amended for the benefit of preference right holders and
set net site holders, as it is not covered elsewhere in code.
[11.20.030 QUALIFICATIONS OF APPLICANTS.
AN APPLICANT FOR A LEASE IS QUALIFIED IF THE APPLICANT:
(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.] Qualifications for applicants for leases is provided in
KMC 22.05.020
[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 AVAILABILITY ADVERTISED IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE AREA ONCE EACH WEEK FOR TWO (2) SUCCESSIVE WEEKS NOT LESS THAN
THIRTY (30) DAYS PRIOR TO THE TIME SET FOR THE CLOSING OF THE ACCEPTANCE OF
APPLICATIONS, AND THAT ALL APPLICATIONS ARE AVAILABLE FOR PUBLIC INSPECTION AT THE CITY
HALL OFFICES.] This was a requirement that was necessary when certain tidelands were not described
within various patents. Now, all tidelands have been platted, and Title 22 provides a consistent
applicable process moving forward.
The City has Provisions in Title 22 that are applicable and provide for leasing procedures. There is no
need for redundancy and some of the terms below are contradictory.
[11.20.050 APPLICATIONS.
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(A) ALL APPLICATIONS FOR LEASE OF TIDELANDS SHALL BE FILED WITH THE CLERK ON FORMS
PROVIDED BY HIM OR 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 FILING FEE AS SET FORTH IN THE CITY’S SCHEDULE OF FEES ADOPTED BY
THE CITY COUNCIL WILL BE ACCEPTED FOR FILING. FILING FEES ARE NOT REFUNDABLE.
(B) WITH EVERY APPLICATION, THE APPLICANT SHALL SUBMIT A DEVELOPMENT PLAN
SHOWING AND STATING:
(1) THE PURPOSE OF THE PROPOSED LEASE;
(2) THE USE, VALUE, AND NATURE OF IMPROVEMENTS TO BE CONSTRUCTED;
(3) THE TYPE OF CONSTRUCTION;
(4) DATES CONSTRUCTION IS ESTIMATED TO COMMENCE 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 ($50,000.00)), PAYABLE TO
THE CITY.
11.20.060 RIGHTS PRIOR TO LEASING.
NEITHER THE FILING OF AN APPLICATION FOR A LEASE NOR THE HOLDING OF A PUBLIC HEARING
THEREON AS PROVIDED BELOW, SHALL GIVE THE APPLICANT A RIGHT 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.
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11.20.070 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 ORDINANCE.
(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
RECOMMENDATION 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 FINAL DETERMINATION OF THE
SELECTION OF THE APPLICANT BASED UPON THE COMMISSION’S RECOMMENDATION AND
APPROVE OR REJECT THE CHOICE OF APPLICATION MADE.
11.20.080 PUBLIC NOTICE—PUBLIC HEARING.
NOTICE OF THE LEASE APPLICATION SHALL BE PUBLISHED 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 INDUSTRY 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 KMC 11.20.080 ABOVE, THE COMMISSION MAY MAKE ITS
RECOMMENDATION OF THE APPLICANT TO THE CITY COUNCIL IF IN THE COMMISSION’S OPINION,
ON THE BASIS OF ALL THE TESTIMONY PRESENTED, THE AWARD OF THE PROSPECTIVE LEASE WILL
BE ADVANTAGEOUS TO THE CITY AND IN THE BEST INTERESTS OF THE PUBLIC WELFARE, HEALTH,
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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.
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.
11.20.110 APPRAISAL AND SURVEY OF LEASED LANDS.
THE APPLICANT WILL FURNISH A SURVEY AND APPRAISAL OF THE LAND IN QUESTION PRIOR TO
LEASING. ANY RESURVEYING OR RE-PLATTING REQUIRED WILL BE THE APPLICANT’S RESPONSIBILITY
AND EXPENSE.
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)] FORTY-FIVE (45) YEARS. THE APPLICANT SHALL STATE IN HIS OR HER APPLICATION THE
TERM DESIRED. IN DETERMINING WHETHER TO GRANT A LEASE FOR THE REQUESTED TERM, THE
COUNCIL SHALL CONSIDER THE NATURE, EXTENT, AND COST OF THE IMPROVEMENTS WHICH THE
APPLICANT AGREES TO CONSTRUCT THEREON AS A CONDITION OF THE LEASE THE TIME REQUIRED
TO AMORTIZE THE PROPOSED INVESTMENT, THE VALUE OF THE APPLICANT’S PROPOSED USE TO
THE ECONOMY OF THE CITY AND OTHER RELEVANT FACTORS. THE TERM OF THE LEASE MAY BE
EXTENDED 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.
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11.20.130 APPRAISAL.
NO LAND SHALL BE LEASED, OR A RENEWAL LEASE ISSUED, UNLESS THE SAME HAS BEEN APPRAISED
WITHIN A [SIX] TWELVE MONTH PERIOD PRIOR TO THE DATE FIXED FOR BEGINNING OF THE TERM
OF THE LEASE OR RENEWAL LEASE. NO LAND SHALL BE LEASED FOR LESS THAN THE APPROVED,
APPRAISED ANNUAL RENTAL, 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
RENDERED THE LAND IN QUESTION.
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.
11.20.150 ANNUAL MINIMUM RENTAL.
(A) 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 INCLUDE:
(1) TAXES PERTAINING TO THE LEASEHOLD INTEREST OF THE LESSEE.
(2) SALES TAX NOW ENFORCED OR LEVIED IN THE FUTURE COMPUTED UPON RENT
PAYABLE IN MONTHLY INSTALLMENTS WHETHER RENT IS PAID ON A MONTHLY OR YEARLY
BASIS.
(3) ALL TAXES AND ASSESSMENTS LEVIED IN THE FUTURE BY THE CITY OF KENAI, AS IF
LESSEE WAS CONSIDERED THE LEGAL OWNER OF RECORD OF THE LEASED PROPERTY.
(4) INTEREST AT THE RATE OF EIGHT PERCENT (8%) PER ANNUM AND TEN PERCENT (10%)
PENALTIES OF ANY AMOUNT OF MONEY OWED UNDER THIS LEASE WHICH IS NOT PAID
ON OR BEFORE THE DATE IT BECOMES DUE.
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(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 IMPROVEMENTS 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 CONSIDERATION
OF RENTAL PAYMENTS DEPENDS AND RELIES UPON THE PAYMENT BY THE LESSEE OF SAID
ASSESSMENTS 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.
11.20.160 PRINCIPLES AND POLICY OF LEASE RATES.
(A) TO INSURE A FAIR RETURN, ALL LEASES FOR A PERIOD IN EXCESS OF FIVE (5) YEARS SHALL
INCLUDE A REDETERMINATION 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 QUALIFIED INDEPENDENT APPRAISER,
CONSIDERING THE BEST USE OF THE SPECIFIC LAND.
(2) THE ACTUAL RATE OF RETURN DETERMINED TO BE A FAIR RETURN TO THE CITY SHALL
BE SET AT SIX PERCENT (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)
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(B) REALIZING THAT INVESTORS, DEVELOPERS, AND OTHER POTENTIAL LESSEES NEED A
REASONABLE ASSURANCE OF STABILITY IN FUTURE LEASE RATES, THE REDETERMINATION
CLAUSE OF ALL FUTURE 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 DETERMINED IN KMC 11.20.080.
(C) CITY LEASES OF TIDELANDS EXISTING AT THE TIME OF THE ENACTMENT OF THIS CHAPTER
SHALL HAVE A THIRTY-YEAR PERIOD DETERMINED FROM THE DATE FROM WHICH THE LEASE
WAS ORIGINALLY ENTERED INTO.
(D) FAILURE BY THE CITY TO INSIST UPON RENEGOTIATION AT THE END OF ANY GIVEN FIVE-
YEAR PERIOD SHALL NOT CONSTITUTE A WAIVER OF THE RIGHT OF THE CITY TO INSIST UPON
RENEGOTIATION IN ANY SUBSEQUENT YEAR, PROVIDED THAT NEITHER THE CITY NOR THE
LESSEE SHALL HAVE THE RIGHT TO INSIST UPON RENEGOTIATION UNTIL FIVE YEARS SHALL
HAVE ELAPSED FROM THE DATE THE RENTAL WAS LAST ADJUSTED.
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.
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
DEVELOPMENT FOR OTHER THAN THE ALLOWED USES SHALL CONSTITUTE A VIOLATION OF THE
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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.
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 APPROVAL OF THE CITY SHALL BE GIVEN TO THE SUBLEASE OF
PROPERTY UNTIL THE LESSEE HAS SUBSTANTIALLY COMPLIED WITH THE DEVELOPMENT PLAN.
11.20.200 ASSIGNMENTS.
EXCEPT FOR ASSIGNMENTS FOR COLLATERAL PURPOSES, NO LESSEE MAY ASSIGN THE LANDS
LEASED TO HIM WITHOUT 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.
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.
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 COUNCIL.
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(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, COVENANTS, OR STIPULATIONS THERETO, OR OF THE REGULATIONS NOW OR
HEREAFTER IN FORCE, AND SHOULD SAID DEFAULT CONTINUE FOR THIRTY (30) CALENDAR
DAYS AFTER SERVICE OF WRITTEN NOTICE BY THE CITY WITHOUT REMEDY BY LESSEE OF THE
CONDITIONS WARRANTING DEFAULT, THE CITY SHALL SUBJECT LESSEE TO APPROPRIATE LEGAL
ACTION, INCLUDING, BUT NOT LIMITED TO, FORFEITURE OF THE LEASE. NO IMPROVEMENTS
MAY BE REMOVED BY LESSEE OR OTHER PERSON DURING ANY TIME THE LESSEE IS IN DEFAULT.
THIS PROVISION SHALL NOT BE CONSTRUED TO PROHIBIT THE CITY FROM TAKING ANY
APPROPRIATE LEGAL ACTION, INCLUDING, BUT LIMITED TO, FORFEITURE OF THE LEASE,
IMMEDIATELY UPON THE OCCURRENCE OF A DEFAULT.
11.20.230 DEFAULT—RIGHT OF ENTRY.
SHOULD DEFAULT BE MADE IN THE PAYMENT OF ANY PORTION OF THE RENT OR FEES WHEN DUE
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.
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 DEMAND 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.
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11.20.250 FINANCING—RIGHTS OF MORTGAGES OR LIENHOLDER.
(A) FOR THE PURPOSE OF INTERIM OR PERMANENT FINANCING 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
INSTRUMENT, 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 MORTGAGE, DEED OF TRUST, OR ASSIGNMENT, SHALL BE HELD BY A BANK OR OTHER
ESTABLISHED LENDING OR FINANCIAL INSTITUTION (WHICH TERMS SHALL INCLUDE AN
ESTABLISHED INSURANCE COMPANY AND QUALIFIED PENSION OR PROFIT-SHARING TRUST),
AND SUCH INSTITUTION SHALL ACQUIRE THE LESSEE’S INTEREST IN SUCH LEASE AS A RESULT
OF A SALE UNDER SAID ENCUMBRANCE PURSUANT TO A FORECLOSURE OR OTHER REMEDY 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 CONDITIONS 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
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.
(B) A LEASEHOLD MORTGAGEE, BENEFICIARY OF A DEED OF TRUST, OR SECURITY ASSIGNEE,
SHALL HAVE AND BE SUBROGATED TO ANY AND ALL RIGHTS OF THE LESSEE WITH RESPECT TO
THE CURING OF ANY DEFAULT HEREUNDER BY LESSEE.
(C) IF THE HOLDER OF ANY SUCH MORTGAGE, BENEFICIARY OF ANY SUCH DEED OF TRUST, OR
THE SECURITY ASSIGNEE SHALL GIVE THE CITY BEFORE ANY DEFAULT SHALL HAVE OCCURRED
IN THE LEASE, A WRITTEN NOTICE CONTAINING THE NAME AND POST OFFICE ADDRESS 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
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BY THE CITY TO THE LESSEE, AND THE CITY WILL NOT THEREAFTER ACCEPT ANY SURRENDER OR
ENTER INTO ANY MODIFICATION 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.
(D) 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
MORTGAGEE 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:
(1) SUCH MORTGAGEE, BENEFICIARY, OR SECURITY ASSIGNEE, SHALL MAKE WRITTEN
REQUEST TO THE CITY FOR SUCH NEW LEASE WITHIN TWENTY DAYS AFTER THE DATE OF
SUCH TERMINATION AND SUCH WRITTEN REQUEST SHALL BE ACCOMPANIED 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
TERMINATION AND IN ADDITION THERETO, ANY REASONABLE EXPENSES, INCLUDING
LEGAL AND ATTORNEY’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 WHOLLY-OWNED SUBSIDIARY
CORPORATION SHALL HOLD A MORTGAGE, DEED OF TRUST, OR SIMILAR SECURITY INTEREST IN
AND TO THIS LEASE AND SHALL THEREAFTER ACQUIRE A LEASEHOLD ESTATE, DERIVED EITHER
FROM SUCH INSTRUMENTS 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
PERMITTED BY THE ABOVE PROVISIONS) TO AN ASSIGNEE WHO WILL UNDERTAKE TO PERFORM
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AND OBSERVE THE CONDITIONS IN SUCH LEASE REQUIRED TO BE PERFORMED BY THE LESSEE,
THE CITY SHALL NOT UNREASONABLY WITHHOLD ITS CONSENT TO SUCH ASSIGNMENT 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 ASSIGNMENT, SUCH DISPUTE SHALL BE
RESOLVED BY ARBITRATION.
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 LESSEE DURING THE SAID TERM, THE LESSOR OR ITS AGENTS,
SERVANTS, OR REPRESENTATIVES MAY, IMMEDIATELY OR ANY TIME THEREAFTER, RE-ENTER AND
RESUME POSSESSION OF SAID LANDS OR SUCH PART THEREOF, AND REMOVE ALL PERSONS AND
PROPERTY THEREFROM, EITHER SUMMARY PROCEEDINGS 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.
11.20.270 RE-LEASE.
IN THE EVEN THAT A LEASE SHOULD BE TERMINATED AS HEREIN PROVIDED, OR BY SUMMARY
PROCEEDINGS, OR OTHERWISE, THE PLANNING & ZONING COMMISSION MAY OFFER SAID LANDS
FOR LEASE OR OTHER APPROPRIATE DISPOSAL, PURSUANT TO THE PROVISIONS OF THIS
ORDINANCE.
11.20.280 FORFEITURE OF RENTAL.
IN THE EVENT THAT THE LEASE SHOULD BE TERMINATED BECAUSE OF ANY BREACH BY THE LESSEE
AS HEREIN PROVIDED, 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.
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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.
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 UNREASONABLY 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.
11.20.310 LEASE SUBORDINATE TO FINANCING REQUIREMENTS.
LESSEE AGREES 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 GRANTED
THE LESSEE BY THIS LEASE, NOR ACT TO CAUSE THE LESSEE FINANCIAL LOSS.
11.20.320 WRITTEN WAIVER.
THE RECEIPT OF RENT BY THE LESSOR WITH KNOWLEDGE 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 THEREUNDER
BY THE LESSOR, UNLESS IN WRITING, SHALL DISCHARGE OR INVALIDATE SUCH COVENANTS OR
PROVISIONS, OR AFFECT THE RIGHT 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,
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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.
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, FREE AND CLEAR OF ALL LETTINGS AND
OCCUPANCIES UNLESS EXPRESSLY PERMITTED BY CITY IN WRITING, AND FREE AND CLEAR OF
ALL LIENS AND ENCUMBRANCES OTHER THAN THOSE CREATED BY CITY FOR LOANS TO THE
CITY.
(B) UPON THE END OF THE TERM OF THIS LEASE OR ANY EARLIER TERMINATION THEREOF,
TITLE TO THE BUILDINGS, 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 GOVERNMENTAL UNITS IN CONNECTION THEREWITH.
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.
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11.20.350 BUILDING AND ZONING CODES.
LEASED LANDS SHALL BE UTILIZED IN ACCORDANCE WITH THE BUILDING AND ZONING
ORDINANCES AND RULES 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 RULES, ETC., OF
THE STATE OR FEDERAL GOVERNMENTS.
(B) CITY RESERVES THE RIGHT TO ADOPT, AMEND, AND ENFORCE REASONABLE RULES AND
REGULATIONS GOVERNING THE DEMISED PREMISES AND THE PUBLIC AREAS AND FACILITIES
USED IN CONNECTION THEREWITH. 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 AMENDMENT THEREOF.
(C) LESSEE, IN THE CONDUCT OF ITS OPERATIONS ON THE DEMISED PREMISES, SHALL
OBSERVE, OBEY, AND COMPLY WITH ANY AND ALL APPLICABLE RULES, REGULATIONS, LAWS,
ORDINANCES, OR ORDERS OF ANY GOVERNMENTAL AUTHORITY, FEDERAL OR STATE,
LAWFULLY EXERCISING AUTHORITY OVER LESSEE OR LESSEE’S CONDUCT OF ITS BUSINESS.
(D) CITY SHALL NOT BE LIABLE TO LESSEE FOR ANY DIMINUTION OR DEPRIVATION OF
POSSESSION, OR OF ITS RIGHTS HEREUNDER, ON ACCOUNT OF THE EXERCISE OF ANY SUCH
RIGHT OR AUTHORITY AS IN THIS SECTION PROVIDED, NOR SHALL LESSEE BE ENTITLED TO
TERMINATE THE WHOLE OR ANY PORTION OF THE LEASEHOLD ESTATE HEREIN CREATED, BY
REASON OF THE EXERCISE OF SUCH RIGHTS OR AUTHORITY, UNLESS THE EXERCISE THEREOF
SHALL SO INTERFERE WITH LESSEE’S USE AND OCCUPANCY OF THE LEASEHOLD ESTATE AS TO
CONSTITUTE 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.
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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 RIGHT OF FLIGHT FOR THE PASSAGE OF AIRCRAFT 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
INHERENT IN THE OPERATION OF AIRCRAFT, NOW OR HEREAFTER 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 EXTENT OF THOSE IMPROVEMENTS 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 OBSTRUCTION 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 RIGHT TO ENTER ON THE LAND CONVEYED
HEREUNDER AND TO REMOVE THE OFFENDING STRUCTURE OR OBJECT, ALL OF WHICH SHALL
BE AT THE EXPENSE OF THE LESSEE OR ITS HEIRS, SUCCESSORS, OR ASSIGNS.
11.20.380 RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION.
THE CITY SHALL AGREE AND COVENANT THAT THE LESSEE, UPON PAYING RENT AND PERFORMING
OTHER COVENANTS, TERMS, AND CONDITIONS OF THIS LEASE, SHALL HAVE THE RIGHT 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 RIGHT OF QUIET OR PEACEABLE POSSESSION.
11.20.390 LESSEE TO PAY TAXES.
LESSEE SHALL PAY ALL LAWFUL TAXES AND ASSESSMENTS 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 RIGHT WHICH LESSEE MAY HAVE IN
OR TO THE REASON OF ITS USE OR OCCUPANCY, PROVIDED, HOWEVER, THAT NOTHING HEREIN
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CONTAINED SHALL PREVENT LESSEE FROM CONTESTING AS ANY OTHER LAND OWNER ANY
INCREASE IN SUCH TAX OR ASSESSMENT THROUGH PROCEDURES OUTLINED IN STATE STATUTES.
11.20.400 NO PARTNERSHIP OR JOINT VENTURE CREATED.
THE CITY SHALL NOT BE CONSTRUED OR HELD TO BE A PARTNER OR JOINT VENTURER OF LESSEE IN
THE CONDUCT OF BUSINESS ON THE DEMISED PREMISES; AND IT IS EXPRESSLY UNDERSTOOD AND
AGREED THAT THE RELATIONSHIP BETWEEN THE PARTIES THERETO IS, AND SHALL AT ALL TIMES
REMAIN THAT OF LANDLORD AND TENANT.
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 APPOINTMENT OF THE RECEIVER IS NOT VACATED
WITHIN THIRTY DAYS, OR IF A VOLUNTARY PETITION IS FILED UNDER SECTION 18(A) OF THE
BANKRUPTCY ACT BY THE LESSEE, THEN AND IN ANY EVENT, THE CITY MAY, UPON GIVING THE
LESSEE THIRTY DAYS’ NOTICE, TERMINATE THIS LEASE.
11.20.420 NONDISCRIMINATION.
THE LESSEE, FOR HIMSELF, HIS HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS IN INTEREST, AND
ASSIGNS, AS A PART OF THE CONSIDERATION HEREOF, DOES HEREBY COVENANT AND AGREE AS A
COVENANT RUNNING WITH THE LAND, THAT:
(A) NO PERSON ON THE GROUNDS OF RACE, COLOR, OR NATIONAL ORIGIN SHALL BE
EXCLUDED FROM PARTICIPATION IN, DENIED THE BENEFITS OF, OR BE OTHERWISE 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.
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(C) THE LESSEE SHALL USE THE PREMISES IN COMPLIANCE WITH ALL OTHER REQUIREMENTS
IMPOSED BY OR PURSUANT TO TITLE 49, CODE OF FEDERAL REGULATIONS, DEPARTMENT OF
TRANSPORTATION, SUBTITLE A, OFFICE OF THE SECRETARY, PART 21, NONDISCRIMINATION 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, MAINTAINED, OR OTHERWISE OPERATED ON
THE SAID PROPERTY DESCRIBED IN THIS LEASE, FOR A PURPOSE INVOLVING 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, DEPARTMENT OF TRANSPORTATION, SUBTITLE A,
OFFICE OF THE SECRETARY, PART 21, NONDISCRIMINATION 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.
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.
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 BETWEEN THE PARTIES; AND
NO REPRESENTATIONS, ORAL OR WRITTEN, HAVE BEEN MODIFYING, ADDING TO, OR CHANGING
THE TERMS THEREOF.
11.20.450 AMENDMENT OF LEASE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN ORDER TO AID THE LESSEE IN THE
FINANCING OF THE IMPROVEMENTS TO BE SITUATED HEREIN, THE CITY SHALL AGREE THAT IN THE
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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 RIGHTS 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
CONDITIONS OF THE DEED BY WHICH THE CITY HOLDS TITLE TO THE LAND.
11.20.460 COMPLIANCE WITH LAWS.
(A) LESSEE SHALL COMPLY WITH ALL APPLICABLE LAWS, ORDINANCES, AND REGULATIONS OF
PUBLIC AUTHORITIES NOW OR HEREAFTER IN ANY MANNER AFFECTING THE LEASED PREMISES
OR THE SIDEWALKS, ALLEYS, STREETS, AND WAY ADJACENT THERETO OR ANY BUILDINGS,
STRUCTURES, FIXTURES, AND IMPROVEMENTS OR THE USE THEREOF, WHETHER OR NOT ANY
SUCH LAWS, ORDINANCES, AND REGULATIONS WHICH MAY BE HEREAFTER ENACTED INVOLVE
A CHANGE OF POLICY ON THE PART OF THE GOVERNMENTAL 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 REGULATIONS.
(2) FROM ALL CLAIMS FOR DAMAGES ON ACCOUNT OF INJURIES, DEATH, OR PROPERTY
DAMAGE RESULTING FROM SUCH VIOLATION.
(B) LESSEE FURTHER AGREES IT WILL NOT PERMIT ANY UNLAWFUL 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.
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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.
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 FURNISHED 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 RIGHT 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 JUDGMENT SATISFIED AT LESSEE’S OWN
EXPENSE.
11.20.490 CONDEMNATION.
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 CONDEMNATION, 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.
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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, TERMINATION, 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 CONTAINED, TO THE EXTENT THAT SAID
COVENANTS AND CONDITIONS ARE NOT INCONSISTENT WITH ANY OF THE TERMS AND
CONDITIONS OF THIS LEASE, PROVIDED SUCH SUBTENANT SHALL MAKE FULL AND COMPLETE
ATTORNMENT TO THE CITY FOR THE BALANCE OF THE TERM OF SUCH SUBLEASE SO AS TO
ESTABLISH DIRECT PRIVITY OF ESTATE AND CONTRACT BETWEEN THE CITY AND THE SUBTENANT
WITH THE SAME FORCE AND EFFECT AS THOUGH SUCH SUBLEASE WAS ORIGINALLY MADE DIRECTLY
BETWEEN THE CITY AND SUCH SUBTENANT; 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 SERVICE UNDER ANY SUCH MORTGAGE, DEED OF TRUST, OR SECURITY ASSIGNMENT.
11.20.510 SUCCESSORS IN INTEREST.
THIS LEASE SHALL BE BINDING UPON AND SHALL INURE TO THE BENEFIT OF THE RESPECTIVE
SUCCESSORS AND ASSIGNS 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.
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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 CERTIFIED OR REGISTERED MAIL
IN A PREPAID ENVELOPE ADDRESSED AS FOLLOWS:
TO CITY:CITY HALL—CITY OF KENAI
[P.O. BOX 580] 210 FIDALGO AVENUE
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, BENEFICIARY 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 IN PARAGRAPH (A) ABOVE AT LEAST FIFTEEN DAYS PRIOR
TO THE GIVING OF THE PARTICULAR NOTICE IN ISSUE.
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, BRUSH, OR OTHER FIRES ON
LEASED LANDS, AND COMPLY WITH ALL LAWS, REGULATIONS, AND RULES PROMULGATED AND
ENFORCED BY THE CITY FOR FIRE PROTECTION WITHIN THE AREA WHEREIN THE LEASED PREMISES
ARE LOCATED.
11.20.550 INSPECTION.
THE LESSEE SHALL ALLOW AUTHORIZED REPRESENTATIVES OF THE CITY TO ENTER THE LEASED LAND
FOR INSPECTION AT ANY REASONABLE TIME.
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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 TITLE II, DIVISION I, CHAPTERS
4, 5, AND 6 OF THE ALASKA ADMINISTRATIVE CODE ARE EXCEPTED FROM THE OPERATION OF A
SURFACE LEASE. SPECIFICALLY, THE LESSEE OF THE SURFACE RIGHTS SHALL NOT SELL OR REMOVE
FOR USE ELSEWHERE ANY TIMBER, STONE, GRAVEL, PEAT MOSS, TOPSOIL, OR ANY OTHER MATERIAL
VALUABLE FOR BUILDING OR COMMERCIAL PURPOSES; PROVIDED, HOWEVER, THAT MATERIAL
REQUIRED FOR THE DEVELOPMENT OF THE LEASEHOLD MAY BE USED IF ITS USE IS FIRST APPROVED
BY THE CITY.
11.20.570 RESTRICTIONS AND RESERVATIONS.
THE LEASE SHALL CONTAIN SUCH RESTRICTIONS AND RESERVATIONS AS ARE NECESSARY TO
PROTECT THE PUBLIC INTEREST.
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. (ORDS. 532, 1858-2000)
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.
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11.20.600 APPROVAL OF OTHER [A]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.
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 INSTRUMENT UNDER WHICH THE CITY HOLDS.
11.20.620 INSURANCE—HOLD HARMLESS.
LESSEE SHALL COVENANT TO SAVE THE CITY HARMLESS FROM ALL ACTIONS, SUITS, LIABILITIES, OR
DAMAGES RESULTING 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 INSURANCE, AND TO FURNISH A CERTIFICATE THEREOF TO THE CITY, IF
APPLICABLE.
(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.
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(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, SHALL 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 REQUIRED 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 AMENDED 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 RENEGOTIATION 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.
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.
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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].
11.20.650 Tidelands [C]Claims. (House Keeping)
The City shall lease the subject land subject to any preference rights claims made pursuant to the
provisions of Alaska State 38.05.[3]820 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
expenses, or compensation necessitated by the resolution or satisfaction of said claims, if any. This is
a unique provision that should remain. The proposed changes reflect a statutory change to state law
renumbering the state statute number.
11.20.660 Subjection to [H]Harbor [O]Ordinance. (House Keeping)
All leases are subject to the terms, conditions, and regulations imposed by Title II, Harbor and Harbor
Facilities, of the 1979 Kenai Code of ordinances as amended of which this section is part. This is relevant
and should be reiterated in the lease document itself.
[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 REDETERMINATION
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 CONDUCTED 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 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
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THE PARTIES. THE PROCEEDINGS SHALL TAKE PLACE IN KENAI, ALASKA UNLESS OTHERWISE AGREED
UPON BY THE PARTIES.] Appeal rights for lease rates are provided in Title 22 addressing city lands.
11.20.680 Provisions [R]Regulating [P]Public [U]Use [P]Purpose. (House
Keeping)
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 future. 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. This is a provision unique to Title 11 that should be maintained.
11.20.690 Provision to be [I]Included in [P]Public [U]Use [L]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. This is a provision unique to Title 11 that should be maintained.
11.20.700 Public [U]Use: [D]Defined.
(a) Public use shall mean a use limited in part or in whole to the following:
(1) In general, the lessee may use the demised premises or part thereof for any of the
following purposes only:
(i) Public dock facilities.
(ii) Maritime commerce.
(iii) Transportation.
(iv) Fishing.
(v) Boat harbor.
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(vi) Port and waterfront development purposes.
(b) Before lessee may conduct any activities which fall under this general criteria, but are not
specifically mentioned above, lessee must obtain written consent of the City. This is a provision
unique to Title 11 that should be maintained.
11.20.710 Controlled [A]Access.
Lessee, for its own protection, may construct or install fences, gates, or other types of barriers 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. Any Controlled Access measures shall be indicated on the Lessee’s
Development Plan. This is a provision unique to Title 11 that should be maintained.
11.20.720 Use [C]Charges.
Lessee shall make reasonable and non-discriminatory 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 COOPERATE TO THIS END
IN CONSIDERING RATES AND FEES. THE COMMISSION SHALL 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.] As a general policy I think this is ok, but the
City currently does not monitor rates charged by businesses.
[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.] I recommend removal of this
because it is unclear what dock is being referred to and is covered in other provisions and lease terms.
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[11.20.740 MODIFICATIONS OF EXISTING LEASES.
LEASES SHALL ONLY BE MODIFIED TO THAT EXTENT DEEMED TO BE NECESSARY TO PROTECT THE
PUBLIC’S INTEREST.
11.20.750 UNAUTHORIZED REMOVAL OF MATERIAL PROHIBITED.
ANY PERSON, FIRM, OR CORPORATION WHO WITHOUT WRITTEN AUTHORITY FROM THE CITY
REMOVES ROCK, GRAVEL, 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 INSTITUTION OF CIVIL
PROCEEDINGS BY THE CITY.
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 GRANTING ANY RIGHT TO REMOVE MATERIAL FROM CITY LANDS.] These provision
are covered in Title 22 and the Council approved lease document.
[11.20.770 DISPOSITION OF RIGHTS 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 DISCLOSE 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 REFERRED TO THE CITY PLANNING COMMISSION FOR ITS RECOMMENDATIONS. DISPOSITION
OF SUCH APPLICATIONS SHALL BE MADE BY THE COUNCIL AFTER RECOMMENDATION FROM THE
COMMISSION.] This provision is covered in the City’s material extraction site code and elsewhere.
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11.20.780 Penalties.
(a) It is unlawful for any person to violate any of the provisions of this chapter and upon
conviction thereof shall be fined as provided for violations 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 [L]Leases for [S]Shore [F]Fisheries.
(a) Notwithstanding other provisions of the City’s Code of Ordinances [T]the annual minimum
rental rate for tideland leases used primarily for shore fisheries shall be an annual fee as set forth
in the City’s schedule of fees adopted by the City Council. However, should the State of Alaska set
an annual lease rate higher than that established by the City 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 FISHERIES.
(C) THE PROVISIONS OF KMC 11.20.110 AND KMC 11.20.130 REQUIRING APPRAISALS OF
TIDELAND PROPERTY SHALL NOT APPLY TO LEASES OF TIDELANDS FOR SHORE FISHERIES.
HOWEVER, THE SURVEY PROVISIONS OF KMC 11.20.110 ARE APPLICABLE TO SHORE FISHERY
LEASES.] Shore fisheries lease are unique and this section should be maintained. The amendments
address the proposed removal of prior code sections.