HomeMy WebLinkAbout2020-03-18 Council Packet Kenai City Council - Regular Meeting Page 1 of 218
March 18, 2020
Kenai City Council - Regular Meeting
March 18, 2020 – 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
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. Resolution No. 2020-15 – Extending the Disaster Emergency Declaration for the
City of Kenai made on March 18, 2020 in Response to the COVID-19 Pandemic.
(City Manager)
2. Ordinance No. 3114-2020 – Authorizing the Suspension and Modification of
Various Sections of Kenai Municipal Code Regarding Council Meetings and Other
Public Meetings and Participation in order to Protect the Health Safety and Welfare
of Our City and Declaring and Emergency. (Legal)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
3. Ordinance No. 3106-2020 - Amending Title 11 - Harbor and Harbor Facilities, to
Remove Provisions that are No Longer Historically Relevant, Recognize Changes
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March 18, 2020
to Other Chapters of City Code That Now Provide for Lease and Sale of Harbor
Lands and Provide the Harbor Commission a Platform to Move Forward. (Council
Members Peterkin and Glendening)
4. Ordinance No. 3110-2020 - Amending Kenai Municipal Code Section 23.55.030 -
Qualification Pay, to Add Additional Qualification Pay Items to the List of Those for
Which Employees Continue to Receive While on Annual Leave or When Receiving
Holiday Pay. (Administration)
5. Ordinance No. 3111-2020 - Increasing Estimated Revenues and Appropriations in
the Terminal Improvements Capital Fund, and Authorizing an Increase to the
Construction Purchase Order to Blazy Construction, Inc. (Administration)
6. Ordinance No. 3112-2020 - Increasing Estimated Revenues and Appropriations in
the Airport Improvements Capital Fund, and Authorizing an Increase to the
Construction Purchase Order to Kirila Fire, Inc. (Administration)
7. Resolution No. 2020-14 - Approving the Execution of a Lease of Airport Reserve
Lands Using the Standard Lease Form Between the City of Kenai and Schilling
Rentals, LLC for Lot 5A, Block 1, FBO Subdivision 2018 Replat. (Administration)
8. Resolution No. 2020-16 – Supporting the Appointment of Robert Ruffner to the
Alaska Board of Fisheries. (Mayor Gabriel)
E. MINUTES
1. *Regular Meeting of March 4, 2020 (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Purchase Orders Over $15,000. (Administration)
3. *Action/Approval - Non-Objection to the Renewal of the Liquor License for
American Legion Post #20. (City Clerk)
4. *Ordinance No. 3113-2020 - Increasing Estimated Revenues and Appropriations in
the Terminal Improvements Capital Fund, and Authorizing an Increase to the Design
Agreement with Wince Corthell Bryson. (Administration)
5. Action/Approval - Special Use Permit to State of Alaska Department of Natural
Resources - Forestry Division, for Aircraft Loading and Parking. (Administration)
6. Action/Approval - Adopt a New City Logo. (City Manager)
7. Discussion - Set Dates for Council Employee Evaluations. (Mayor Gabriel)
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8. Discussion - Parks and Recreation Commission and City Council Student
Representative Policies. (Vice Mayor Molloy)
9. Discussion - Public Official Financial Disclosure Statements. (Vice Mayor Molloy)
10. Action/Approval – Support the City Manager’s Emergency Disaster Declaration.
(City Manager)
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
1. Discussion of the Facility Management Agreement for the Kenai Visitor and Cultural
Center, pursuant to AS 44.32.310(c)(1)(3) a matter of which the immediate
knowledge may have an adverse effect upon the finances of the City, and a matter
by which law, municipal charter, or ordinance are required to be confidential.
M. PENDING ITEMS
N. ADJOURNMENT
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O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
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.
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Sponsored by: Council Members Glendening and Peterkin
CITY OF KENAI
ORDINANCE NO. 3106-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 11
– HARBOR AND HARBOR FACILITIES, TO REMOVE PROVISIONS THAT ARE NO LONGER
HISTORICALLY RELEVANT, RECOGNIZE CHANGES TO OTHER CHAPTERS OF CITY CODE
THAT NOW PROVIDE FOR LEASE AND SALE OF HARBOR LANDS AND PROVIDE THE
HARBOR COMMISSION A PLATFORM TO MOVE FORWARD.
WHEREAS, on January 6, 1977 the state conveyed certain tidelands and submerged lands to the
City; and,
WHEREAS, with the conveyance came responsibilities for the City including surveying, platting
and adjudication of commercial fisheries rights; and,
WHEREAS, many of these responsibilities, codified in Title 11-Harbor and Harbor Facilities, were
required to be completed within a two-year period or less; and,
WHEREAS, there is no longer a need to maintain in City Code, ordinances pertaining to a process
that expired over 30 years ago; and,
WHEREAS, the City recently updated Title 22-City Owned Lands, which now encompasses the
sale, lease and acquisition of harbor lands, negating the need for separate provisions for the same
in Title-11; and,
WHEREAS, the City’s Harbor Commission has long recognized a need for clarification and focus
in its duties; and,
WHEREAS, the most recent review of Title 11 by the Harbor Commission and its subcommittee
in 2019, recommended many revisions to the Title recognizing the expertise of other City bodies
in land use and planning and a desire to focus on regulation of the harbor and its associated
activities; and,
WHEREAS, removing provisions from Title 11 that are no longer necessary is intended to be the
first step in allowing the Harbor Commission to focus on harbor related projects and activities and
move forward with future potential recommended code changes relevant to such projects and
activity; and,
WHEREAS, the Harbor Commission at its meeting on _________________recommended
____of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
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Section 1. Amendment of Title 11 of the Kenai Municipal Code: That Kenai Municipal Code,
Title 11 – Harbor and Harbor Facilities, is hereby amended as follows:
Title 11
HARBOR AND HARBOR FACILITIES
Chapters:
11.05 Harbor Master
11.10 Harbor Commission
11.15 Tidelands
11.20 Leasing of Tidelands
Chapter 11.05
HARBOR MASTER
Sections:
11.05.010 Harbor Master.
11.05.020 Harbor [D]Defined.
11.05.030 Harbor [R]Regulations.
[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 [N]Not [P]Prohibited.
11.05.090 Use of [L]Launch [R]Ramp and [F]Float.
11.05.100 No [W]Wake [Z]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.
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11.05.020 Harbor [D]Defined.
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.
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.
[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 W HETHER 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.]
[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.]
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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.]
[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 W HILE
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.]
11.05.080 Leasing [N]Not [P]Prohibited.
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.
11.05.090 Use of [L]Launch [R]Ramp and [F]Float.
(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.
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(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.
11.05.100 No [W]Wake [Z]Zones.
(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.
Chapter 11.10
HARBOR COMMISSION
Sections:
11.10.010 Duties and [P]owers.
11.10.010 Duties and [P]Powers.
(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.
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(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.]
([5]4) 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]5) Make and prepare reports and plans for approval by the City Council.
([7]6) Coordinate public efforts, individual and group, to the effectuation of approved
plans.
([8]7) Shall act in advisory capacity in the selection of a Harbor Director should such a
position be created by the City Council.
Chapter 11.15
TIDELANDS
Sections:
11.15.010 Short [T]Title.
[11.15.020 DEFINITIONS.]
11.15.030 Approval and [A]Acceptance of State [C]Conveyance.
11.15.040 Approval and [A]Adoption of [S]Subdivision [P]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 APPLICATI ONS.
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 ADDITIO NAL COSTS IN CERTAIN CASES.
11.15.170 PROCEDURES FOR PROCESSING FILED APPLICATIONS.
11.15.180 APPRAISAL.
11.15.190 REVIEW BY CITY ENGINEER.
11.15.200 RECOMMENDED APPROVAL BY COMMISSION.
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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.
(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
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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 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 W HICH 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
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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.
(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,
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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.
(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 OWNI NG
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)
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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.
(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.]
11.15.030 Approval and [A]Acceptance of State [C]Conveyance.
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.
11.15.040 Approval and [A]Adoption of [S]Subdivision [P]Plat.
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.
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[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 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
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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 W ILL 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 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.
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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 W HICH 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.
(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.
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(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.
(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 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
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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.
(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
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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 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
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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:
(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
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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.
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
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EXERCISE CLASS I PREFERENCE RIGHTS WHICH DO NOT HAVE WAIVERS
ATTACHED, IRRESPECTIVE OF WHETHER THE LANDS APPLIED FOR COMPLY W ITH
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.
(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, W ILL 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.
(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;
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(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—PERM ANENT 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.
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.
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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, THE DISPUTE SHALL BE RETURNED TO THE
PLANNING & ZONING COMMISSION FOR FURTHER PROCEEDINGS UPON NOTICE GIVEN.
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.
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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.
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
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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 ____
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)
$__________ $__________
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TRANSFER COSTS ($ ________) $__________ $__________
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: ____________________________________
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)
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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
____.
(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.
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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)
ATTEST:
_________________
CLERK
]
Chapter 11.20
LEASING OF TIDELANDS
Sections:
[11.20.010 POLICY.]
11.20.020 Lands [A]Available for [L]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.
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11.20.200 ASSIGNMENTS.
11.20.210 MODIFICATION.
11.20.220 CANCELLATION—FORFEITURE.
11.20.230 DEFAULT—RIGHT OF ENTRY.
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 WARRANT Y.
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 [C]Claims.
11.20.660 Subjection to [H]Harbor [O]Ordinance.
[11.20.670 ARBITRATION.]
11.20.680 Provisions [R]Regulating [P]Public [U]se [P]Purpose.
11.20.690 Provision to be [I]Included in [P]Public [U]Use [L]Lease.
11.20.700 Public [U]Use: [D]Defined.
11.20.710 Controlled [A]Access.
11.20.720 Use [C]Charges.
[11.20.730 MAINTEN ANCE 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 [L]Leases for [S]Shore [F]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.]
11.20.020 Lands [A]Available for [L]Leasing.
All classified tide and contiguous submerged land within the limits of the City to which the City
holds title may be leased [AS HEREINAFTER PROVIDED,] for surface use only, and under the
condition that said lease is subject and inferior to preference 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.
[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
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(B) IS A GROUP, ASSOCIATION, OR CORPORATION WHICH IS AUTHORIZED TO
CONDUCT BUSINESS UNDER THE LAWS OF ALASKA.]
[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.]
[11.20.050 APPLICATIONS.
(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.
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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.
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.
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
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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, 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.
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
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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.
(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
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$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)
(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
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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 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 CO UNCIL 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.
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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.
(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
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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.
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 W RITTEN
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.
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(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 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
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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
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 W ILL 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 W AIVER 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, 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.
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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.
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.
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.
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(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.
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.
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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 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:
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(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.
(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.
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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 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 W ILL 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 LAW S,
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.
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
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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 W ORK 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.
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
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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.
11.20.520 GOVERNING LAW.
THE INDENTURE OF LEASE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF
THE STATE OF ALASKA.
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.
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(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.
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)
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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.
11.20.600 APPROVAL OF OTHER AUTHORITIES.
THE ISSUANCE BY THE CITY OF LEASES DOES NOT RELIEVE THE GRANTEE OR LESSEE
OF RESPONSIBILITY OF OBTAINING LICENSES OR PERMITS AS MAY BE REQUIRED BY
DULY AUTHORIZED BOROUGH, STATE, OR FEDERAL AGENCIES.
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 W RITTEN
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.
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].
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11.20.650 Tidelands [C]Claims.
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.
11.20.660 Subjection to [H]Harbor [O]Ordinance.
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.
[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 THE PARTIES. THE
PROCEEDINGS SHALL TAKE PLACE IN KENAI, ALASKA UNLESS OTHERWISE AGREED
UPON BY THE PARTIES.]
11.20.680 Provisions [R]Regulating [P]Public [U]Use [P]Purpose.
The City Council realizes that only a limited area of tidelands bordering navigable waters are
available within the City of Kenai and which are owned by the City of Kenai. It would be in the
public interest to insure that these lands do not pass out of community control at least to the extent
that the public would not be deprived of harbor services at reasonable rates in the 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.
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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.
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.
(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.
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.
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.]
[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.]
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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.]
[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.]
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.
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(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.
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.]
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: February 19, 2020
Enacted: *, 2020
Effective: *, 2020
Page 60
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Council Members Jim Glendening and Robert Peterkin
DATE: February 10, 2020
SUBJECT: Ordinance No. 3106-2020 – Amending Title 11 – Harbor and Harbor
Facilities
The Harbor Commission, and a subcommittee, has been reviewing Title 11 of the Kenai Municipal
Code to recommend changes that more appropriately reflect the Harbor Commissions 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 or
commercial fishermen, much of which had to be accomplished by October 6, 1981.
It appears that when 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, we
recommend removing the old language and addressing changes or new plans for the harbor on
a go forward basis. The proposed changes will not 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 Harbor Commission and a subcommittee formed especially to review Title 11 have put
considerable time and effort into revising the code and strategizing a path forward so the
Commission can be of greatest service to the City. The code revisions in this Ordinance
incorporate the recommended revisions from the Harbor Commission and its subcommittee,
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along with other proposed changes based on the enactment of Ordinance No. 3072-2019
(Substitute) and continued relevance of other sections of code recommended by the City Attorney.
We ask that this Ordinance be referred to the Harbor Commission upon introduction. Your
consideration is appreciated.
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: February 10, 2020
SUBJECT: Ordinance No. 3106-2020 – Amending Title 11 – Harbor and Harbor
Facilities
Below is a sectional analysis of the code changes recommended in Ordinance 3106-
2020. Comments are provided in red. In general, many of the provisions are
recommended to be deleted for three main reasons: 1) because they address specific
tasks that were temporal in nature and were completed over three decades ago; 2) they
provide a process for leasing lands that are already described in Chapter 22.05-
Disposition of City Lands; or 3) they contain lease provisions that are now contained in
the City’s standard lease form approved by Council. With regard to the first reason, I don’t
think the City’s municipal code should contain provisions that are only relevant for a
relatively short periods of time. Removing these items will reduce clutter within the code,
improve readability and clarity. A record will be kept and is available should any of these
removed issues become relevant again. As to the second reason, the City Council
recently approved significant amendments to the City’s Lands Code, including its leasing
provisions which now apply to harbor lands. The lease provisions in Title 11 should be
removed as they are inconsistent with Chapter 22 and recent practices of the City. Finally,
as to the third reason, maintaining fairly specific contract language in code, in this case
specific lease provisions, makes the City inflexible as a business partner and makes it
difficult to address unique situations in a timely and efficient manner. I support the removal
of these provisions from Title 11.
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Title 11
HARBOR AND HARBOR FACILITIES
Chapters:
11.05 Harbor Master
11.10 Harbor Commission
11.15 Tidelands
11.20 Leasing of Tidelands
Chapter 11.05
HARBOR MASTER
Sections:
11.05.010 Harbor Master.
11.05.020 Harbor [D]Defined.
11.05.030 Harbor [R]Regulations.
[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 [N]Not [P]Prohibited.
11.05.090 Use of [L]Launch [R]Ramp and [F]Float.
11.05.100 No [W]Wake [Z]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. No Changes
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.
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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.
[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 W HETHER 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 improvements within the City are required to go through an applicable administrative
site plan review process and building permit process pursuant to provision in the Planning and
Zoning code. Removing this section in Title 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
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can restrict property use and services provided through any deed or grant restrictions if applicable
through lease requirements, grant requirements, or permits, such as ‘special use’ permits. I am
uncertain of other regulatory authority imposed by the City in this regard. Through the City’s
administrative process and the land management plan, any conditions necessary to be imposed
on a property or activities on such property based on third party regulatory authority or title
restrictions should be carried forward.
[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.] Similar to the proceeding section, 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
and has not regulated the contemplated industries in such a manner. The City only regulates the
rates for use of its own 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 arguably not necessary, it is not harmful and I recommend it be kept.
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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 may want to 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, which is much more difficult and costly to
enforce administratively.
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.
I recommend this section be left in as is. This may be an area the Harbor Commission wants
to revisit moving forward to ensure it is adequately addressing concerns.
Chapter 11.10
HARBOR COMMISSION
Sections:
11.10.010 Duties and [P]owers.
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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.]
([5]4) 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]5) Make and prepare reports and plans for approval by the City Council.
([7]6) Coordinate public efforts, individual and group, to the effectuation of approved
plans.
([8]7) 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 as provided
below, New duties may added moving forward.
Chapter 11.15
TIDELANDS
Sections:
11.15.010 Short [T]Title.
[11.15.020 DEFINITIONS.]
11.15.030 Approval and [A]Acceptance of State [C]Conveyance.
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11.15.040 Approval and [A]Adoption of [S]Subdivision [P]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.
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.” No change recommended.
[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.
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(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.
(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.
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(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 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 W HICH 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
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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.
(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 W ATER
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.
(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.
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(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.
(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
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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. For example, section
11.15.040 contains sufficient information to identify the plat in question without need of the
definition immediately preceding (HH).
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.
Sections 11.15.050 through 11.15.290 below are all proposed to be deleted because they
describe a process that expired over 30 years ago.
[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. This posting has already
been completed.
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
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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 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. This publication has already been
completed.
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. This
timeline has long expired.
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.
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(A) APPLICATION FORMS W ILL 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 AVENUE, KENAI, ALASKA, 99611, WITH THE PROPER DEPOSIT COMPUTED
ACCORDING TO THE NATURE OF THE APPLICATION MADE. APPLICATIONS
PROPERLY COMPLETED ACCOMPANIED WITH THE 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. These application are no longer accepted.
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. There are no new applications to review.
11.15.100 PRELIMINARY PLAT.
(A) THE APPLICANT SHALL PREPARE, OR HAVE PREPARED, A PRELIMINARY PLAT
OF THE TIDE, SHORE, OR SUBMERGED LANDS W HICH HE CLAIMS. THIS PLAT SHALL
COMPLY WITH THE REQUIREMENTS HEREINAFTER SET FORTH.
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(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.
(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. There are no new plats
of this nature to review.
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.
(G) SPACE FOR APPROVAL AND/OR COMMENT BY THE PLANNING & ZONING AND
HARBOR COMMISSIONS.
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(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. There
are no new related plats to review and the city and borough have requirements for other plats.
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.
(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
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Ordinance No. 3106-2020
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. This section applies to specific
plats which are no longer reviewed.
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 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.
This provision applies to plats that are no longer processed.
11.15.140 FINAL PLAT REQUIREMENTS.
(A) THE FINAL PLAT SHALL INCLUDE ALL INFORMATION REQUIRED ON THE
PRELIMINARY PLAT.
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(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.
(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.
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(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 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. This provision applies to plats athat are
no longer processed.
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
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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. This provision applies to plats that are no
longer processed.
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:
(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.
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Ordinance No. 3106-2020
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. This provision applies to
plats that are no longer processed.
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
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Ordinance No. 3106-2020
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 W ITH 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.
(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, W HEREUPON 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. These application are no longer accepted.
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
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Ordinance No. 3106-2020
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. These application are no longer accepted.
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. These application are no longer accepted.
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 W ITH THE RIGHT OF
APPEAL GIVEN PURSUANT TO KMC 11.15.240. These application are no longer accepted.
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.
(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:
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(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. These
application are no longer accepted.
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. This process is no longer applicable.
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
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Ordinance No. 3106-2020
THEREOF, TOGETHER WITH THEIR WRITTEN FINDINGS OF FACT, AND CONCLUSIONS
OF LAW. This process is no longer applicable.
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. This process is no longer applicable.
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, THE DISPUTE SHALL BE RETURNED TO THE
PLANNING & ZONING COMMISSION FOR FURTHER PROCEEDINGS UPON NOTICE GIVEN.
This process is no longer applicable.
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
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Ordinance No. 3106-2020
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)
this process is no longer applicable.
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.
This process is no longer applicable.
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. This
process is no longer applicable.
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Ordinance No. 3106-2020
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 ____
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:
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Ordinance No. 3106-2020
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: ____________________________________
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
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Ordinance No. 3106-2020
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
____.
(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
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Ordinance No. 3106-2020
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)
ATTEST:
_________________
CLERK
] This process is no longer applicable.
Chapter 11.20
LEASING OF TIDELANDS
Sections:
[11.20.010 POLICY.]
11.20.020 Lands [A]Available for [L]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.
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Ordinance No. 3106-2020
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.
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 AIRCRAF T 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.
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Ordinance No. 3106-2020
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.
11.20.590 WARRANT Y.
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 [C]Claims.
11.20.660 Subjection to [H]Harbor [O]Ordinance.
[11.20.670 ARBITRATION.]
11.20.680 Provisions [R]Regulating [P]Public [U]se [P]Purpose.
11.20.690 Provision to be [I]Included in [P]Public [U]Use [L]Lease.
11.20.700 Public [U]Use: [D]Defined.
11.20.710 Controlled [A]Access.
11.20.720 Use [C]Charges.
[11.20.730 MAINTEN ANCE 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 [L]Leases for [S]Shore [F]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
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Ordinance No. 3106-2020
per the conveyance documents to the City (i.e. public docking, maritime commerce, etc.) and
these limitations are carried forward in the City’s land management plan.
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 retained 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 is now covered in KMC 22.05.015 and 22.05.040 regarding classification and
advertising.
[11.20.050 APPLICATIONS.
(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:
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Ordinance No. 3106-2020
(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. Lease applications are now covered
in 22.05.025.
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. This is now provided for in
22.05.035.
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. This is now covered in 22.05.040.
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Ordinance No. 3106-2020
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. The
current process provides for review by relevant commissions and a public hearing before council
which is publicly noticed. See 22.05.040.
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, 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. KMC 22.05.050 now
addresses competing lease applications.
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. This is not set up as an appealable decision in the new code provisions.
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. Appraisals and surveys are provided for
throughout title 22.
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Ordinance No. 3106-2020
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. Lease terms are now addressed in 22.05.055
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. Appraisals are now addressed in 22.05.050.
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. This is now provided for in 22.05.040 and
22.05.045.
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.
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(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.
(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. This is now covered in 22.05.060.
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
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LAND OR IMPROVEMENTS MADE BY WAY OF GRAVEL OR OTHER APPROVED
FILL PLACED ON THE LAND. (ORD. 1631-95)
(B) REALIZING THAT INVESTORS, DEVELOPERS, AND OTHER POTENTIAL LESSEES
NEED A REASONABLE ASSURANCE OF STABILITY IN FUTURE LEASE RATES, THE
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. This is now covered in 22.05.060.
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. This provision is not something that needs to be stated in code.
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 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
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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. This is now
provided for in 22.05.085
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. Subleasing is now covered in
the lease form approved by council and requires council consent.
11.20.200 ASSIGNMENTS.
EXCEPT FOR ASSIGNMENTS FOR COLLATERAL PURPOSES, NO LESSEE MAY ASSIGN
THE LANDS LEASED TO HIM WITHOUT PRIOR CO UNCIL 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. This is also
covered in the standard lease form approved by council.
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. This is also covered in the standard lease form approved by council.
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.
(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
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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. This is also covered in the
standard lease form approved by council and disposition of improvements is in 22.05.075.
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. This is now covered in the standard lease form.
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. This is now covered in the standard lease form.
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 W RITTEN 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
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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, HOW EVER, 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 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
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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 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. This is now
covered in the standard lease form.
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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. This is now covered in the standard lease
form.
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. This provision does not need to be stated in code.
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. Termination provisions are now
contained in the standard lease form.
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. This is now covered in the
standard lease form.
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 W ILL 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. This provision does not need to be stated in code.
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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. This is now covered in
the standard lease form.
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 W AIVER 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, 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.
This is now covered in the standard lease form.
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.
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(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. This is now covered in the standard lease form.
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. This is now covered
in the standard lease form.
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. This does not need to be in this section
of code as it is covered in the zoning code and standard lease form.
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
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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. This is now covered in the
standard lease form.
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. This is covered in the standard lease form when necessary
pursuant to deed restrictions or airport requirements.
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
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CONSTRUED AS A DENIAL OF THE RIGHT OF QUIET OR PEACEABLE POSSESSION. This
is now covered in the standard lease form.
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 CONTAINED SHALL
PREVENT LESSEE FROM CONTESTING AS ANY OTHER LAND OWNER ANY INCREASE IN
SUCH TAX OR ASSESSMENT THROUGH PROCEDURES OUTLINED IN STATE STATUTES.
This is now covered in the standard lease form.
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. This is now covered in the standard lease form.
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. This is now covered in the standard lease
form.
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.
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(B) IN THE CONSTRUCTION OF ANY IMPROVEMENTS ON, OVER, OR UNDER SUCH
LAND AND THE FURNISHING OF SERVICES THEREON, NO PERSON ON THE
GROUNDS OF RACE, COLOR, OR NATIONAL ORIGIN SHALL BE EXCLUDED FROM
PARTICIPATION, DENIED THE BENEFITS OF, OR OTHERWISE BE SUBJECTED TO
DISCRIMINATION.
(C) THE LESSEE SHALL USE THE PREMISES IN COMPLIANCE WITH ALL OTHER
REQUIREMENTS IMPOSED BY OR PURSUANT TO TITLE 49, CODE OF FEDERAL
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. This is covered in the standard lease form when
necessary pursuant to deed restrictions or other applicable law.
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. This is now
covered in the standard lease form.
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. This is now covered in the
standard lease form.
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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 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. This is now covered in the
standard lease form.
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. This is now covered in the standard lease form.
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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. This is
now covered in the standard lease form.
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. This is now covered
in the standard lease form.
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. This is now covered in the standard lease form.
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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. This is now covered in
the standard lease form.
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. This is
now covered in the standard lease form.
11.20.520 GOVERNING LAW.
THE INDENTURE OF LEASE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF
THE STATE OF ALASKA. This is now covered in the standard lease form.
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:
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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. This is now covered in the standard lease form.
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. This
does not need to be in this code section.
11.20.550 INSPECTION.
THE LESSEE SHALL ALLOW AUTHORIZED REPRESENTATIVES OF THE CITY TO ENTER
THE LEASED LAND FOR INSPECTION AT ANY REASONABLE TIME. This is now covered in
the standard lease form.
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 ELSEW HERE 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. This is now covered in the standard lease form.
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11.20.570 RESTRICTIONS AND RESERVATIONS.
THE LEASE SHALL CONTAIN SUCH RESTRICTIONS AND RESERVATIONS AS ARE
NECESSARY TO PROTECT THE PUBLIC INTEREST. This is not necessary to have in this code
section and is covered elsewhere in code to an extent and in the lease form.
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. This is provided for in
the lease form.
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. This is provided for in the lease form.
11.20.600 APPROVAL OF OTHER AUTHORITIES.
THE ISSUANCE BY THE CITY OF LEASES DOES NOT RELIEVE THE GRANTEE OR LESSEE
OF RESPONSIBILITY OF OBTAINING LICENSES OR PERMITS AS MAY BE REQUIRED BY
DULY AUTHORIZED BOROUGH, STATE, OR FEDERAL AGENCIES. This does not need to be
in this code section and is provided for in the lease form.
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. This does not need to be in this code section as it is a legal requirement.
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:
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(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.
(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. This is provided
for in the lease form.
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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. This does not need to be in this code section as it is
provided in the lease form.
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]. This does not need to be in this code section as it is covered in the planning and zoning
code related to conditional use permits and can be included in a specific lease if necessary.
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
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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 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. In the general the City has moved away from arbitration clauses.
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. (House
Keeping)
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. (House Keeping)
(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.
(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, however I would recommend the
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Harbor Commission revisit this to ensure it allows for sufficient flexibility in development, for
example, it should not be interpreted to prohibit retail, restaurant, or boat storage, even
perhaps some limited residential as part of a broader harbor development plan.
11.20.710 Controlled [A]Access. (House Keeping)
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. (House Keeping)
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 FAI R, 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 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.
[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. This is provided for in the lease form.
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
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NOT PRECLUDE THE INSTITUTION OF CIVIL PROCEEDINGS BY THE CITY. This is provided
for in the lease form.
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.] This is provided for in the lease form.
[11.20.770 DISPOSITION OF RIGHTS BY COUNCIL.
IN RECOGNITION THAT CONDITIONS MAY EXIST FROM TIME TO TIME W HEREBY 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 is covered in the City’s material site ordinances.
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. This penalty section is appropriate to remain in code.
11.20.790 Tideland [L]Leases for [S]Shore [F]Fisheries. (House Keeping)
(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
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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.
Page 121
MEMORANDUM
TO: Harbor Commission
FROM: Scott Bloom, City Attorney
DATE: February 11, 2020
SUBJECT: Ordinance 3106-2020 - Amending Title 11 – Harbor and Harbor Facilities
Below is a clean copy of what Title 11 would look like if all the changes proposed in Ordinance
3106 - 2020 were enacted.
Title 11
HARBOR AND HARBOR FACILITIES
Chapters:
11.05 Harbor Master
11.10 Harbor Commission
11.15 Tidelands
11.20 Leasing of Tidelands
Chapter 11.05
HARBOR MASTER
Sections:
11.05.010 Harbor Master.
11.05.020 Harbor defined.
11.05.030 Harbor regulations.
11.05.080 Leasing not prohibited.
11.05.090 Use of launch ramp and float.
11.05.100 No wake zones.
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Title 11
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.
11.05.020 Harbor Defined.
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 Regulations.
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.
11.05.080 Leasing Not Prohibited.
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.
11.05.090 Use of Launch Ramp and Float.
(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.
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Title 11
11.05.100 No Wake Zones.
(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.
Chapter 11.10
HARBOR COMMISSION
Sections:
11.10.010 Duties and powers.
11.10.010 Duties and Powers.
(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) 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.
(5) Make and prepare reports and plans for approval by the City Council.
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Title 11
(6) Coordinate public efforts, individual and group, to the effectuation of approved plans.
(7) Shall act in advisory capacity in the selection of a Harbor Director should such a
position be created by the City Council.
Chapter 11.15
TIDELANDS
Sections:
11.15.010 Short title.
11.15.030 Approval and acceptance of State conveyance.
11.15.040 Approval and adoption of subdivision plat.
11.15.010 Short Title.
This ordinance shall be known as the “Kenai Tidelands Ordinance.”
11.15.030 Approval and Acceptance of State Conveyance.
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.
11.15.040 Approval and Adoption of Subdivision Plat.
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.
Chapter 11.20
LEASING OF TIDELANDS
Sections:
11.20.020 Lands available for leasing.
11.20.650 Tidelands claims.
11.20.660 Subjection to harbor ordinance.
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.
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Title 11
11.20.780 Penalties.
11.20.790 Tideland leases for shore fisheries.
11.20.020 Lands Available for Leasing.
All classified tide and contiguous submerged land within the limits of the City to which the City
holds title may be leased for surface use only, and under the condition that said lease is subject
and inferior to preference right claims and subject to the rights of existing set net site holders
within the City limits.
11.20.650 Tidelands Claims.
The City shall lease the subject land subject to any preference rights claims made pursuant to the
provisions of Alaska State 38.05.820 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.
11.20.660 Subjection to Harbor Ordinance
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.
11.20.680 Provisions Regulating Public Use Purpose.
The City Council realizes that only a limited area of tidelands bordering navigable waters are
available within the City of Kenai and which are owned by the City of Kenai. It would be in the
public interest to insure that these lands do not pass out of community control at least to the extent
that the public would not be deprived of harbor services at reasonable rates in the 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.
11.20.690 Provision to be Included in Public Use Lease.
The following provision shall be included in leases where harbor facilities are constructed to be
utilized all or in part for bona fide public uses.
11.20.700 Public Use: 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.
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Title 11
(ii) Maritime commerce.
(iii) Transportation.
(iv) Fishing.
(v) Boat harbor.
(vi) Port and waterfront development purposes.
(b) Before lessee may conduct any activities which fall under this general criteria, but are
not specifically mentioned above, lessee must obtain written consent of the City.
11.20.710 Controlled 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.
11.20.720 Use Charges.
Lessee shall make reasonable and non-discriminatory charges to the public for use of any of its
facilities.
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.
11.20.790 Tideland Leases for Shore Fisheries.
(a) Notwithstanding other provisions of the City’s Code of Ordinances 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
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Title 11
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.
Page 128
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: March 10, 2020
SUBJECT: Ordinance No. 3106-2020 – Title 11
____________________________________________________________________________
On March 9, 2020, the Harbor Commission met and approved Resolution No. HC20-01
recommending the Council enact Ordinance 3106-2020.
The last WHEREAS clause in Ordinance No. 3106-2020 should be filled in to read: the Harbor
Commission at its meeting on March 9, 2020 recommended enactment of this Ordinance.
Thank you for your consideration.
Page 129
llreeity of,
KE NAli..,.AlASKA
'VI'
Sponsored by: Harbor Commission
CITY OF KENAI
RESO L UTION NO. HC20 -01
A RESOLUTION OF THE HARBOR COMMISSION OF THE CITY OF KENAI , ALASKA,
RECOMMENDING THE KENAI CITY COUNCIL ENACT ORDINANCE NO. 3106-2020
AMENDING TITLE 11 -HARBOR AND HARBOR FACILITIES, TO REMOVE PROVISIONS
THAT ARE NO LONGER HISTORICALLY RELEVANT, RECOGNIZE CHANGES TO OTHER
CHAPTERS OF CITY CODE THAT NOW PROVIDE FOR LEASE AND SALE OF HARBOR
LANDS AND PROVIDE THE HARBOR COMMISSION A PLATFORM TO MOVE FORWARD.
WHEREAS , the City 's Harbor Commission has long recognized a need for clarification and focus
in its duties and has undertaken several efforts to review and recommend revisions to Title 11;
and,
WHEREAS, the most recent review of Title 11 by the Harbor Commission and its subcommittee
formed for purposes of review, resulted in recommended revisions to Title 11 recognizing the
expertise of other City bodies in land use and p lanning and a desire of the Harbor Commission to
focus on regulation of the harbor and its associated activities; and,
WHEREAS, the Harbor Commission's also recommends removing provisions from Title 11 that
are no longer necessary because of the temporal nature of the procedures addressed which have
long since expired ; and ,
WHEREAS, the Harbor Commission recognizes that the City recently updated Title 22-City
Owned Lands, which now encompasses the sale, lease and acquisition of harbor lands, negating
the need for separate provisions for the same in Title-11 ; and,
WHEREAS, the elimination of many sections of Title 11 is intended to be the first step in allowing
the Harbor Commission to focus on harbor related projects and activities and move forward with
future potential recommended code changes relevant to such projects and activity; and,
WHEREAS, the Harbor Commission supports the revisions proposed to Title 11 by Ordinance
No.3106-2020 which are based on its recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE HARBOR COMMISSION OF THE CITY OF
KENAI , ALASKA:
Secti o n 1. That the Harbor Commission of Kenai Recommends the City Council Enact
Ordinance No. 3106-2020 Amending Title 11 of the Kenai Municipal Code .
Sect ion 2.
Council.
Secti on 3.
That a copy of this Resolution be provided to the members of the Kenai City
That th is Resolution takes effect immediately upon passage.
Page 130
Resolution No. HC20-01
Page 2 of 2
PASSED BY THE HARBOR COMMISSION OF THE CITY OF KENAI , ALASKA, this 9th day of
March, 2020 .
MIKE DUNN, CHAIR
ATTEST:
J
Page 131
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3110-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 23.55.030 – QUALIFICATION PAY, TO ADD ADDITIONAL
QUALIFICATION PAY ITEMS TO THE LIST OF THOSE FOR WHICH EMPLOYEES CONTINUE
TO RECEIVE WHILE ON ANNUAL LEAVE OR WHEN RECEIVING HOLIDAY PAY.
WHEREAS, the City Council recently passed ordinance 3098-2019 modifying KMC 23.55.030
Qualification Pay; and,
WHEREAS, further review indicates additional modifications will allow more consistent application
of Qualification Pay; and,
WHEREAS, currently KMC 23.55.030 allows senior officers and driver/operators to be
compensated at a rate that includes qualification pay during periods of annual leave and holidays,
however, the same does not apply for the certified municipal clerks and police investigators; and,
WHEREAS, the City benefits from consistency and equity in application of code to not only meet
employee expectations but also for administration of personnel rules; and,
WHEREAS, the proposed amendments do not require an increase to the adopted FY2020
budget; and,
WHEREAS, the City Manager recommends amendments to the Kenai Municipal Code that would
allow police investigators and certified municipal clerks to receive qualification pay during periods
of annual leave and holidays.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Form: That this is code ordinance.
Section 2. Amendment of Section 23.55.030 (b) of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.030 (b) – Qualification Pay, is hereby amended as follows:
23.55.030 Qualification pay.
(a) In recognition of professional development, personal time, and effort of the individual to
achieve same, the following annual recognition entitlement is authorized, payable on a pro rata
monthly basis.
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Ordinance No. 3110-2020
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
(b) This recognition entitlement, except senior officer pay, investigator pay, certified municipal
clerk pay, and driver/operator pay, is not considered when calculating hourly rates for annual
leave or holiday pay.
(1) Police Department.
(i) Certification in accordance with State of Alaska Certification Standards as follows:
Police Officer
Intermediate Certification $1,800/year
Advanced Certification $3,000/year
Police Sergeant
Intermediate Certification $1,800/year
Advanced Certification $3,000/year
Police Lieutenant
Advanced Certification $3,000/year
Police Chief
Advanced Certification $3,000/year
(ii) Recognition pay for qualified Senior Officers. Senior Officer pay is for Police Officers
who have completed step 16E subject to an overall evaluation rating of “Meets
Expectations” or better, as follows:
Advance one (1) pay grade from 16E to 17E
(iii) Recognition pay for qualified Field Training Officer personnel for officers temporarily
assigned Field Training Officer duties for eligible shifts only as follows:
5% increase of the employee’s current range and step
(iv) Recognition pay for qualified “Investigator” personnel for temporary assignment as an
Investigator when the assignment is the employee’s primary assignment and the
assignment has been approved by the City Manager or designee as follows:
5% increase of the employee’s current range and step
(2) Fire Department.
(i) Recognition entitlement for an associate degree in fire science is four hundred eighty
dollars ($480.00) per year. Eligible grades are fire fighter, engineer, and captain.
(ii) Recognition entitlements for EMT certification for eligible grades of fire fighter,
engineer, and captain are as follows:
EMT I Instructor $250/year
EMT II $500/year
EMT III $1,000/year (includes EMT II pay)
EMT -Paramedic $1,500/year (includes EMT II & III pay)
(iii) Recognition entitlements for driver/operator qualified personnel for eligible grades of
fire fighter are as follows:
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Ordinance No. 3110-2020
Page 3 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Driver/Operator Qualified One (1) pay range increase (pay range 13 to pay
range 14)
(3) Water and Sewer Utility. Certification in accordance with the State of Alaska Certification
Standards.
W & S II $300/year
W & S III $480/year
(4) City Clerk’s Office. Certification in accordance with International Institute of Municipal Clerks.
Certified Municipal Clerk 2.5% of the employee’s base pay
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or
circumstances. The City Council hereby declares that it would have enacted the remainder of
this ordinance even without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
thirty (30) days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: March 4, 2020
Enacted: March 18, 2020
Effective: April 17, 2020
Page 134
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
Stormy Brown, Human Resource Director
DATE: February 20, 2020
SUBJECT: Ordinance No. 3110-2020 – Amending KMC section 23.55.030 –
Qualification Pay
____________________________________________________________________________
The City Council recently passed ordinance 3098-2019, which modified a number of areas of
police compensation in order to address recruitment and retention of experienced officers.
After implementation of that ordinance, it was determined that qualification pays could be applied
more consistently with revised language. The way KMC is currently written, senior officer pay
and driver/operator pay are considered when calculating hourly rates for annual leave and holiday
pay, while Investigator pay and Certified Municipal Clerk pay are not. These differences are not
intentional nor necessarily equitable.
This Ordinance would modify KMC to include the Investigator qualification pay and Certified
Municipal Clerk qualification pay to apply during periods of annual leave and holidays.
We are respectfully requesting your consideration of this ordinance modifying Kenai Municipal
Code.
Page 135
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3111-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE TERMINAL IMPROVEMENTS
CAPITAL FUND, AND AUTHORIZING AN INCREASE TO THE CONSTRUCTION PURCHASE
ORDER TO BLAZY CONSTRUCTION, INC.
WHEREAS, the City of Kenai executed a Construction Agreement with Blazy Construction, Inc.
on October 1, 2018 for the Terminal Rehabilitation Project in the amount of $10,985,994; and,
WHEREAS, Council, through enactment of Ordinance 3037-2018 authorized the City Manager to
issue a Purchase Order in the amount of $11,485,994 for the Contract amount of $10,985,994
including $500,000 of contingency funding; and,
WHEREAS, Council, through enactment of Ordinances 3060-2019, 3080-2019 and 3097-2019
increased estimated revenues and appropriations by $868,181.49 to provide for continued project
contingency funds and increased the purchase order amount to $12,354,175.49; and,
WHEREAS, to date the City has executed eight change orders totaling $1,143,503.59; and,
WHEREAS, the Federal Aviation Administration grant eligible portion of those Change Orders 1-
8 has been determined to be $1,012,858.30 with the City of Kenai’s share as $130,645.29; and,
WHEREAS, Administration is requesting appropriation of the additional eligible federal share and
an increase to the authorized Purchase Order Amount to Blazy Construction, Inc. of the same
amount, $144,676.81 to replenish project contingency and to allow for the continued processing
of future change orders; and,
WHEREAS, once complete, the authorized purchase order amount to Blazy Construction, Inc.
will be $12,498,852.30, the authorized contract to Blazy Construction, Inc. will be $12,129,497.59,
with available contingency to complete the project of $369,354.71; and,
WHEREAS, Council will continue to be informed of Change Orders through Public Works Mid-
Month Report.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The City Manager is authorized to accept grant funding from the Federal Aviation
Administration in the amount of $144,676.81 for the grant eligible portions of Change Orders 7 &
8 to Blazy Construction, Inc.
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Ordinance No. 3111-2020
Page 2 of 2
_____________________________________________________________________________________
Section 2. The City Manager is authorized to increase Purchase Order No. 116510 to Blazy
Construction, Inc. by $144,676.81.
Section 3. That the estimated revenues and appropriations be increased as follows:
Terminal Improvement Capital Project Fund:
Increase Estimated Revenues –
FAA Grant $144,676.81
Increase Appropriations:
Construction $144,676.81
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance:
Introduced: March 4, 2020
Enacted: March 18, 2020
Effective: March 18, 2020
Page 137
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: February 25, 2020
SUBJECT: Ordinance No. 3111-2020
The purpose of this memo is to recommend passage of Ordinance No. 3111-2020 requesting an
increase to the estimated revenue and appropriations in the Terminal Improvements Capital
Project Fund and authorizing an increase to the Construction Purchase Order to Blazy
Construction, Inc.
The Kenai Municipal Airport Terminal Rehabilitation Project has been underway since October 1,
2018. The project is nearing completion. The Project began with $500,000 in contingency funds
for the administration to process change orders as they arise. To date $1,143,503.59 of changes
have been processed. Of that amount it has been determined that $1,012,858.30 are eligible for
reimbursement from the FAA through our grant. With approval of this Ordinance $369,354.71 of
contingency shall remain.
Appropriation of these funds will allow the Administration to continue to process change orders in
the same manner, continuing to keep Council informed through Departmental Mid-Month reports.
Staff and the Administration are in support of this appropriation, Council’s support and approval
is respectfully requested.
Thank you for your consideration.
Page 138
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3112-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS
CAPITAL FUND, AND AUTHORIZING AN INCREASE TO THE CONSTRUCTION PURCHASE
ORDER TO KIRILA FIRE, INC.
WHEREAS, the City of Kenai executed a Construction Agreement with Kirila Fire Training
Facilities, Inc. on October 4, 2019 for the Alaska Regional Fire Training Center Equipment
Rehabilitation Project in the amount of $1,993,000; and,
WHEREAS, Council, through enactment of Ordinance 3079-2019 and Resolution 2019-61
authorized the City Manager to issue a Purchase Order in the amount of $2,143,000 for the
Contract amount of $1,993,000 including $150,000 of contingency funding; and,
WHEREAS, to date the City has executed one change order totaling $120,000.00; and,
WHEREAS, the Federal Aviation Administration grant eligible portion of Change Order 1 has been
determined to be $112,500.00 with the City of Kenai’s share as $7,500.00; and,
WHEREAS, Administration is requesting appropriation of the additional eligible federal share and
an increase to the authorized Purchase Order Amount to Kirila Fire Training Facilities, Inc. of the
same amount, $112,500.00 to replenish project contingency and to allow for the continued
processing of future change orders; and,
WHEREAS, once complete, the authorized purchase order amount to Kirila Fire Training
Facilities, Inc. will be $2,255,500.00, the authorized contract to Kirila Fire will be $2,113,000.00,
with available contingency to complete the project of $142,500.00; and,
WHEREAS, Council will continue to be informed of Change Orders through Public Works Mid-
Month Report.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The City Manager is authorized to accept grant funding from the Federal Aviation
Administration in the amount of $112,500.00 for the grant eligible portions of Change Order 1 to
Kirila Fire Training Facilities, Inc.
Section 2. The City Manager is authorized to increase Purchase Order No. 119055 to Kirila
Fire Training Facilities, Inc. by $112,500.00.
Section 3. That the estimated revenues and appropriations be increased as follows:
Page 139
Ordinance No. 3112-2020
Page 2 of 2
_____________________________________________________________________________________
Airport Improvement Capital Project Fund
Increase Estimated Revenues –
FAA Grant $112,500.00
Increase Appropriations:
Fire Training Center Training Prop Rehabilitation –
Construction $112,500.00
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance:
Introduced: March 4, 2020
Enacted: March 18, 2020
Effective: March 18, 2020
Page 140
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: February 25, 2020
SUBJECT: Ordinance No. 3112-2020
The purpose of this memo is to recommend passage of Ordinance No. 3112-2020 requesting an
increase to the estimated revenue and appropriations in the Airport Improvements Capital Project
Fund and authorizing an increase to the Construction Purchase Order to Kirila Fire Training
Facilities, Inc.
The Alaska Regional Fire Training Facility (ARFT) Equipment Rehabilitation Project has been
underway since October 4, 2019. The Project began with $150,000 in contingency funds for the
administration to process change orders as they arise. To date one change order in the amount
of $120,000.00 has been processed. Of that amount it has been determined that $112,500.00
are eligible for reimbursement from the FAA through our grant. With approval of this Ordinance
$142,500.00 of contingency shall remain.
The work associated with Change Order 1 is the result of an inaccurate count on the number of
fire generators in one of the trainers. The count was off by three and the contract had unit pricing
in place of $40,000/fire generator. It should be noted the Design Team is offering a credit back
for services to assist with paying for a portion of this additional work. Council should expect to
see that legislation at the next Council Meeting.
Appropriation of these funds will allow the Administration to continue to process change orders in
the same manner, continuing to keep Council informed through Departmental Mid-Month reports.
Staff and the Administration are in support of this appropriation, Council’s support and approval
is respectfully requested.
Page 141
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020 - 14
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE
EXECUTION OF A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD LEASE
FORM BETWEEN THE CITY OF KENAI AND SCHILLING RENTALS, LLC, FOR LOT 5A,
BLOCK 1, FBO SUBDIVISION 2018 REPLAT.
WHEREAS, Schilling Rentals, LLC, submitted a complete lease application to the City on
February 13, 2020 and paid the required application fee; and,
WHEREAS, Schilling Rentals, LLC, is eligible for a lease for a term of 45 years based upon an
investment amount of $1,200,000 and pursuant to KMC 21.10.080 –Length of Lease Term; and,
WHEREAS, Schilling Rentals, LLC, is current on obligations to the City of Kenai for its existing
leases; and,
WHEREAS, the lease use will be a hangar for rotor and fixed wing aircraft with crew quarters;
and,
WHEREAS, the lease use is compatible with Kenai Municipal Zoning Code for allowed uses within
the Airport Light Industrial (ALI) Zone; and
WHEREAS, the lease use conforms to the 2016 Comprehensive Plan and supports Goal 5 –
Transportation: provide transportation systems that are efficient and adequate to serve the
regional needs of the community; and,
WHEREAS, the use proposed is compatible and conforms with the Airport Land Use Plan, Airport
Layout Plan, Federal Aviation Administration regulations, Airport Master Plan, Airport
Improvement Program grant assurances, and Airport operations; and,
WHEREAS, the City of Kenai did not receive a competing lease application within 30 days of
publishing a public notice of the lease application, pursuant to KMC 21.10.075 – Competing
Applications; and,
WHEREAS, at its regular meeting on March 11, 2020, the Airport Commission reviewed the
lease renewal application submitted by Schilling Rentals, LLC and recommended approval by
the City Council; and,
WHEREAS, at its regular meeting on March 12, 2020, the Planning and Zoning Commission
reviewed the lease renewal application submitted by Schilling Rentals, LLC and recommended
approval by the City Council.
Page 142
Resolution No. 2020-14
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1: That a Lease of Airport Reserve Lands is approved and the City Manager is
authorized to execute a lease using the standard lease form between the City of Kenai, Lessor,
and Schilling Rentals, LLC, Lessee, for a term of 45 years for Lot 5A, Block 1, FBO Subdivision
2018 Replat; and,
Section 2: That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 143
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: March 2, 2020
SUBJECT: Resolution No. 2020-14 – Execution of a Lease of Airport Reserve Lands
Between the City of Kenai and Schilling Rentals, LLC
_____________________________________________________________________
On February 13, 2020, Schilling Rentals, LLC (Schilling Rentals), submitted an application to the
City for a Lease of Airport Reserve Lands for the property described as Lot 5A, Block 1, FBO
Subdivision 2018 Replat. The property is located at 413 N. Willow Street, Kenai, AK 99611, and
the Kenai Peninsula Borough parcel number is 04336049. The application requests a term of 45
years, with an investment amount of approximately 1.2 million dollars. Pursuant to the term table
in Kenai Municipal Code (KMC) 21.10.080 (b), the City and the applicant are in agreement to a
term of 45 years. Pursuant to Kenai Municipal Code 21.10.075 – Leasing and Acquisition of
Airport Reserve Lands, Competing Applications, the City posted notice of the lease application
and has not received a competing lease application for the parcel.
The applicant states that the use of the premises will be a hangar for rotor and fixed wing aircraft
with crew quarters. After the construction of the hangar is completed, it is expected that Guardian
Flight, LLC will operate on the premises. Guardian Flight provides emergency medical flights.
Schilling Rentals, LLC is current on rent payments and obligations to the City.
The parcel is within the Airport Light Industrial (ALI) Zone per Kenai Municipal Code (KMC)
14.20.065. The intent of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a
significant resource to the community by encouraging compatible land uses and reducing hazards
that may endanger the lives and property of the public and aviation users. The proposed use by
Schilling Rentals is a permitted use in the ALI Zone and is a compatible land use. The availability
of emergency medical flights will be an asset to public health and safety.
Page 144
Page 2 of 2
Resolution No. 2020-14
The proposed use by Schilling Rentals complies with the 2016 Imagine Kenai 2030
Comprehensive Plan. It supports Goal 5-Transportation, which has a vision for Kenai Municipal
Airport as a gateway to the Kenai Peninsula and West Cook Inlet.
The Airport Land Use Plan was developed to identify the highest and best uses of Kenai Municipal
Airport land. The Airport Land Use Plan discusses leasing land and enhancing opportunities for
local economic development. The proposed use by Schilling Rentals complies with the Airport
Land Use Plan.
The Planning and Zoning Commission recommended approval of the lease application during
their March 11, 2020 meeting. The Airport Commission recommended approval of the lease
application during their March 12, 2020 meeting.
Resolution No. 2020-14 would grant the approval of the Kenai City Council for the City Manager
to enter into a Lease of Airport Reserve Lands between the City of Kenai and Schilling Rentals
for Lot 5A, Block 1, FBO Subdivision 2018 Replat.
Thank you for your consideration.
Page 145
Page 146
Page 147
Lease Application
N WILLOW STFebruary 2020
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
04020 Feet
413 North Willow Street
Kenai Peninsula Borough Parcel #: 04336049
Lot 5A, FBO Subdivision 2018 Replat
Page 148
Page 1
“Serving the Greater Kenai Peninsula”
305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611
TELEPHONE 907-283-7951
FAX 907-283-3737
MEMO
To: Airport Commission
From: Mary Bondurant – Airport Manager
Date: March 10, 2020
Subject: Lease Application–Lot 5A, Block 1, FBO Subdivision
This lease application was reviewed in conjunction with the FAA approved
February 28, 2018 Airport Layout Plan based on the August 2017 Master Plan.
I have reviewed the above lease application in accordance with KMC 21.10.060:
Airport Layout Plan:
Sheet 13 of 19, Existing Land Use - designates land as undeveloped
subdivided lots;
Sheet 14 of 16, Future Land Use - designates land as commercial and
non-commercial aviation; areas used for aviation activities requiring
taxiway access such as air cargo facilities, aircraft parking aprons,
corporate jet support facilities, fueling facilities, airline and air taxi
hangar/office facilities, government and military aviation facilities and
primarily for large aircraft (more than 12,500 pounds). .
The proposed use is Aeronautical – Hangar for rotor & fixed wing aircraft
with crew quarters
This use complies with the land use definition above.
Sheet 15 of 19, Existing Zoning – Airport Light Industrial;
Page 149
Page 2
The ALI Zone is established by Ordinance No. 2884-2016 to protect the
viability of the Kenai Municipal Airport as a significant resource to the
community by encouraging compatible land uses, densities and reducing
hazards that may endanger the lives and property of the public and
aviation users. Industrial and Commercial uses which are usually
compatible with aviation users are permitted which have no nuisance
effects upon surrounding property, or which may be controlled to prevent
nuisance effects upon surrounding property. New residential uses are not
permitted in this zone because it is intended that lots classified in the ALI
Zone are reserved for aviation-related commercial and industrial uses.
Meets the requirements for KMC 14.20.065 Airport Light Industrial Zone.
Sheet 16 of 19, Future Zoning – Airport Light Industrial;
ALI defined above.
Meets the requirements for KMC 14.20.065 Airport Light Industrial Zone.
Airport Master Plan:
Defines the land as commercial and non-commercial aviation; areas used
for aviation activities requiring taxiway access such as air cargo facilities,
aircraft parking aprons, corporate jet support facilities, fueling facilities,
airline and air taxi hangar/office facilities, government and military aviation
facilities and primarily for large aircraft (more than 12,500 pounds).
FAA Regulations:
o Airport perimeter fence - 8’ security fence that meets FAA and TSA
Security requirements. All perimeter gates must remain closed at
all times. 49 CFR 139.335
o Vehicle parking lot to be contained to prevent unauthorized access
to airfield. All public is restricted from all air operations areas and
all other areas except the terminal or loading area or such other
areas as may be designated by the Airport Manager or designated
representative. 49 CFR 139.335
AIP Grant Assurances: No conflict appears.
Airport Operations:
o Any use by the Lessee of the commercial apron in front of the lease
lot (west side) will be deemed “exclusive use” and subject to the
rates and fees established by the City.
Page 150
Page 3
o The Building Restriction Line (BRL) line is 100 feet back to the east
of the commercial apron.
o Lessee must comply with sector-specific requirements of the Kenai
Airport’s Multi Sector General Permit #AKR06AD35 if conducting
an industrial activity with a SIC code in the range 4512-4581 (Air
Transportation Facility).
This project will create new land lease revenue, employment opportunities, and
provide a valuable service to the Kenai Airport and the City of Kenai.
Please contact me if you have any questions.
Cc: Elizabeth Appleby, Planner
Wilma Anderson, Planning Assistant
Page 151
KENAI CITY COUNCIL – REGULAR MEETING
MARCH 4, 2020 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on March 4, 2020, in City Hall Council
Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Brian Gabriel, Mayor Robert Molloy
Henry Knackstedt Tim Navarre
Jim Glendening Robert Peterkin
Glenese Pettey
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following revisions to the packet:
Add to item D.5. Resolution No. 2020-12
• Substitute Resolution
• Substitute Memo
Add to item J.1. City Manager’s Report
• Kenai Visitor And Cultural Center Report
MOTION:
Vice Mayor Molloy MOVED to approve the agenda with the requested additions to the packet.
Council Member Peterkin SECONDED the motion and requested UNANIMOUS CONSENT.
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City of Kenai Council Meeting Page 2 of 9
March 4, 2020
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion.
The items on the Consent Agenda were read into the record.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
VOTE: There being no objections, SO ORDERED.
*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 councilmember 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 – None.
C. UNSCHEDULED PUBLIC COMMENTS – None.
D. PUBLIC HEARINGS
1. Ordinance No. 3107-2020 - Increasing Estimated Revenues and Appropriations in
the Congregate Housing Funds for Costs in Excess of Budgeted
Amounts. (Administration)
MOTION:
Vice Mayor Molloy MOVED to enact Ordinance No. 3107-2020 and Council Member Knackstedt
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre, Knackstedt, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 3108-2020 - Increasing Estimated Revenues and Appropriations in
the General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted
Amounts to the City's General Fund. (Administration)
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City of Kenai Council Meeting Page 3 of 9
March 4, 2020
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3108-2020 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Clarification was provided the amount of the allowable transfer was dictated by code and FY20
revenue exceeded budgeted projections which required the additional appropriation.
VOTE:
YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre, Knackstedt, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 3109-2020 - Authorizing the City Manager to Reimburse Annual
Leave Used by Firefighter Scott Summers for Attending a Paramedic Internship
Program. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3109-2020 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Clarification was provided that a firefighter went through the same process a few years ago and
a code change would be required to change the policy for the future.
VOTE:
YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre, Knackstedt, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
4. Resolution No. 2020-11 - Awarding a Contract to Provide Health & Life Insurance
Consulting Services. (Administration)
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2020-11 and Council Member
Glendening SECONDED the motion. UNANIMOUS CONSENT was requested.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
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City of Kenai Council Meeting Page 4 of 9
March 4, 2020
An overview of the review criteria and scoring process was provided; the rationale for issuing the
request for proposals was also provided.
VOTE: There being no objections, SO ORDERED.
5. Resolution No. 2020-12 - Selecting the Firm for the Kenai Municipal Airport
Engineering Services. (Administration)
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2020-12 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
MOTION TO AMEND:
Council Member Navarre MOVED to amend Resolution No. 2020-12 by substitution and Vice
Mayor Molloy SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
Clarification was provided the contract was expired and the City was required by its purchasing
policy to issue the request for proposal.
It was noted Wince, Corthell, Bryson worked in conjunction with the airport and the City for many
years.
Clarification was also provided the City had maximum flexibility under the contract to negotiate
with the contract firm or use another firm on any project.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre, Knackstedt, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
6. Resolution No. 2020-13 - Supporting Senate Bill No. 232 - An Act Relating to
Personal Use Fishing Permits, That Would Establish a Fee for Personal Use
Dipnetting to be Used by the State and City of Kenai to Support Personal Use Dipnet
Fisheries. (Council Member Peterkin)
MOTION:
Council Member Peterkin MOVED to adopt Resolution No. 2020-13 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
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City of Kenai Council Meeting Page 5 of 9
March 4, 2020
It was suggested the residents of the City should not have to subsidize the fishery. It was noted
the fee, which was proposed to be passed down by the state, would help the City cover the
expenses of the state’s personal use fishery. There was discussion regarding the difficulty in
guessing what level of services would be needed, the volatility of the salmon runs, the fees being
specifically appropriated to benefit the fishery, Kenai resident participation in the fishery, and
Kenai residents subsidizing the fishery. It was also noted that for many years, Council had been
prudent in considering fees to support the fishery. The point was made that an increase in police
and fire activity was difficult to tie to the fishery.
VOTE:
YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre, Knackstedt, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
E. MINUTES
1. *Regular Meeting of February 19, 2020. (City Clerk)
Approved by the consent agenda.
2. *Work Session Summary of February 19, 2020. (City Clerk)
Approved by the consent agenda.
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Ordinance No. 3110-2020 - Amending Kenai Municipal Code Section 23.55.030 -
Qualification Pay, to Add Additional Qualification Pay Items to the List of Those for
Which Employees Continue to Receive While on Annual Leave or When Receiving
Holiday Pay. (Administration)
Introduced by the consent agenda and public hearing set for March 18, 2020.
3. *Ordinance No. 3111-2020 - Increasing Estimated Revenues and Appropriations in
the Terminal Improvements Capital Fund, and Authorizing an Increase to the
Construction Purchase Order to Blazy Construction, Inc. (Administration)
Introduced by the consent agenda and public hearing set for March 18, 2020.
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March 4, 2020
4. *Ordinance No. 3112-2020 - Increasing Estimated Revenues and Appropriations in
the Airport Improvements Capital Fund, and Authorizing an Increase to the
Construction Purchase Order to Kirila Fire, Inc. (Administration)
Introduced by the consent agenda and public hearing set for March 18, 2020.
5. Action/Approval - Proposed Amendment to Kenai Peninsula Borough Ordinance No.
2019-24 - An Ordinance Adopting KPB 20.80, Subdivision Gated Streets and Gated
Subdivisions. (Legal)
MOTION:
Vice Mayor Molloy MOVED to approve the proposed amendment to Kenai Peninsula Borough
Ordinance No. 2019-24 – an ordinance adopting KPB 20.80, Subdivision Gated Streets and
Gated Subdivisions and Council Member Peterkin SECONDED the motion.
Clarification was provided that the City had opposed the ordinance through Resolution 2020-01
and since then an amendment had been proposed and the Council was being asked if they still
opposed the ordinance as recently amended; it was noted administration didn’t feel the
amendment was a significant enough improvement.
Clarification was also provided that enactment of the ordinance would not affect existing gated
subdivisions as those subdivisions were already platted; it was noted there were already
provisions for the gated subdivisions through and exception process and, if the ordinance were
to be enacted, the City would need to enact an appeal process.
There was discussion regarding proving the developer was compliant with all laws, the
relationship between the Planning and Zoning Commissions in reviewing plats, and appeal
processes.
VOTE:
YEA:
NAY: Glendening, Gabriel, Peterkin, Pettey, Navarre, Knackstedt, Molloy
MOTION FAILED UNANIMOUSLY.
There was reluctance to support the ordinance being enacted area wide, outside of cities, without
knowing the rationale as borough residents outside of the cities could be negatively impacted.
MOTION:
Council Member Navarre MOVED to direct the City Manager to send a letter to the borough
clarifying the City’s position after tonight’s action, opposing KPB Ordinance No. 2019-24
substitute, even with the recently proposed amendment and requested UNANIMOUS CONSENT.
Council Member Knackstedt SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
Page 157
City of Kenai Council Meeting Page 7 of 9
March 4, 2020
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – A reminder for the March for Meals was provided; Next meeting
April 9.
2. Airport Commission – No report; next meeting March 12.
3. Harbor Commission – No report; next meeting March 9.
4. Parks and Recreation Commission – It was noted the Commission met on February 5
and selected a chair and vice chair; also discussed the kite festival and amending the
policy for student representatives; next meeting March 5.
5. Planning and Zoning Commission – It was reported the Commission discussed and
approved a time extension for Windhaven Estates; next meeting March 11.
6. Beautification Committee – No report; next meeting April 14.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Participated in the Love of Reading program at Mountain View Elementary;
• Swore in two new police officers;
• Presented the State of the City with the City Manager at today’s Chamber of
Commerce Luncheon;
• Noted Human Resources would be sending out evaluations for Council’s staff.
J. ADMINISTRATION REPORTS
1. City Manager – City Manager P. Ostrander reported on the following:
• Beginning preparation discussions for the dipnet fishery;
• Library bonds being refinanced at a lower interest rate;
• Reiterated the State of Alaska Department of Transportation had made the
administrative decision to manage Alaska Transportation Alternatives Program
projects which would significantly increase the costs to the City for the bike path
extension;
• Completed interviews for Fire Chief;
• Met with Kenai Watershed Forum regarding the pass through grant; have
determined bacteria is due to natural cause and now plan to do a beach model;
• Taking preliminary planning measures regarding Coronavirus;
• Participated in a teleconference with the federal Office of Management and
Budget and was promised that a letter would be sent by March 16 and, once the
letter was circulated appropriately, the preconstruction, engineering, and design
phase could begin.
2. City Attorney – No report.
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City of Kenai Council Meeting Page 8 of 9
March 4, 2020
3. City Clerk – City Clerk J. Heinz noted she was keeping informed on bills moving
through the legislature affecting elections and also that the Public Official Financial
Disclosure forms would be sent out soon.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
None.
2. Council Comments
Council Member Pettey expressed appreciation for the State of the City presentation, noted the
upcoming show at the Kenai Fine Arts, and provided a reminder for March for Meals on March
20.
Council Member Navarre noted the Mayor and City Manager did a great job presenting the State
of the City; also participated in the Love of Reading program at Mountain View Elementary.
Council Member Glendening noted he was looking forward to March for Meals, attended a
Soldotna Historical Society meeting, heard an update from the Kenai Parks and Recreation
department regarding summer plans, and attended the Chamber Luncheon and heard the State
of the City presentation.
Council Member Peterkin expressed gratitude to the streets department for snow removal and
noted the Kenai Brown Bears Hockey Team would playing in town in a few days.
Vice Mayor Molloy expressed gratitude for the State of the City presentation at the Chamber and
for representation at the Board of Fisheries meeting.
Council Member Knackstedt noted he was looking forward to March for Meals, expressed
gratitude for the support of his resolution encouraging funding for the Civil Air Patrol, and noted
the Parks and Recreation Director presented to the Kenai Historical Society.
L. EXECUTIVE SESSION
1. To Discuss a Request to Purchase Properties Located at 11823 Kenai Spur
Highway, Kenai, Alaska, Also Known as “Anchor Camp Ground,” Pursuant to AS
44.62.310(c )(1)(3) is a Matter of which the Immediate Knowledge may have an
Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal
Charter, or Ordinance are required to be Confidential.
MOTION:
Vice Mayor Molloy MOVED to enter into executive session to discuss a request to purchase
properties located at 11823 Kenai Spur Highway, Kenai, Alaska, also known as “Anchor Camp
Ground,” which pursuant to AS 44.62.310(c)(1)(3) is a matter of which the immediate knowledge
may have an adverse effect upon the finances of the City, and a matter by which law, municipal
charter, or ordinance are required to be confidential and requested the presence of the City
Manager and the City Attorney. Council Member Glendening SECONDED the motion.
Page 159
City of Kenai Council Meeting Page 9 of 9
March 4, 2020
VOTE:
YEA: Glendening, Gabriel, Peterkin, Pettey, Navarre, Knackstedt, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
Council reconvened in open session and it was noted for the record that Council met in executive
session and reviewed and discussed a request to purchase properties located at 11823 Kenai
Spur Highway, Kenai, Alaska, also known as “Anchor Camp Ground,” and provided the City
Manager direction.
M. PENDING ITEMS – None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:18 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of March 4,
2020.
_____________________________
Jamie Heinz, CMC
City Clerk
Page 160
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF : MARCH 18, 2020
VENDOR DESCRIPTION
PERS PERS
INTEGRITY JANITORIAL FEB. SERVICE AT CITY HALL
PRECIOUS JANITORIAL FEB. SERVICE AT LIBRARY
PRECIOUS JANITORIAL FEB. SERVICE AT TERMINAL
PRECIOUS JANITORIAL FEB. SERVICE AT POLICE
ENSTAR NATURAL GAS GAS USAGE
INVESTMENTS
VENDOR DESCRIPTION
DEPARTMENT ACCOUNT AMOUNT
VARIOUS LIABILITY 96,921.89
NON-DEPARTMENTAL REPAIR & MAINTENANCE 1,3 89.00
LIBRARY REPAIR & MAINTENANCE 2,795.00
AIRPORT REPAIR & MAINTENANCE 4 ,495.00
POLICE REPAIR & MAINTENANCE 978.00
VARIOUS UTILITIES 55,893.60
MATURITY DATE AMOUNT Effect. Int.
Page 161
PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: MARCH 18, 2020
VENDOR DESCRIPTION DEPT.
NELSON ENGINEERING EARTHQUAKE DAMAGE AT CITY DOCK DOCK REPAIR
OSHKOSH CORPORATION PURCHASE TWO ARFF VEHICLES AJP IMPROVEMENTS
INCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPTION P.O.# -DEPT.
WINCE, CORTHELL, BRYSON AMENDMENTS 3 & 4 116863 -TERMINAL IMPS
ACCOUNT AMOUNT
CONSTRUCTION 34,798.00
MACHINERY & EQUIPMENT 1,519,749.00
REASON
DESIGN
SERVICES
AMOUNT TOT AL PO AMT
130,895.00 587,404.65
Page 162
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: March 12, 2020
SUBJECT: Purchase Orders over $15K
____________________________________________________________________________
The City executed a Professional Services Agreement with Nelson Engineering on November 17,
2016 to provide Engineering Services to address damage to the City dock caused by the January
24, 2016 earthquake. In May 2018 the City received a single construction bid to make necessary
repairs to the dock in excess of budgeted amounts and a construction contract was never
awarded. A November 30, 2018 earthquake expanded the existing damage. This purchase order
will increase the existing agreement amount and scope of work to provide for the updating of the
existing Construction Bid Documents to address the new damage.
Once the documents have been revised, the Public Works Department intends to release an
Invitation to Bid in April 2020 for construction to make the repairs to take place May/June 2020.
The Original Agreement to Nelson Engineering was for $28,323. Because of the dollar amount it
was not formally solicited in 2016. With the addition of these additional requested services now,
totaling $34,798, the new agreement will be for a total cost of $63,121. Utilizing the existing
Agreement is in the best interest of the City. As this work is supplementing previous work, it is
not appropriate to seek third party quotes without completely starting over the design process,
which would only amount to increasing costs and extending the projects timeline.
The additional $34,798 is comprised of $6,300 in Design Alterations from the 2nd earthquake,
$7,500 in Construction Administrative Services from Nelson Engineering, and $20,998 in
Cathodic Protection Engineering Services from Norton Corrosion Limited as a sub-consultant to
Nelson Engineering.
Council’s approval is respectfully requested.
Page 163
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant – Airport Manager
DATE: March 12, 2020
SUBJECT: Purchase Order over $15,000 - Aircraft Rescue & Firefighting Trucks
October 2, 2019, City Council approved Substitute Ordinance No. 3079-2019 accepting a grant
from the Federal Aviation Administration for the purchase of two Aircraft Rescue and Firefighting
(ARFF) vehicles for the Alaska Training Facility.
These ARFF trucks will replace the two 1998 ARFF vehicles and allow airport firefighters to train
and meet the 49 CFR 139 certification requirements for all levels of FAA indexed airports from
A-E at the Alaska Fire Training Facility.
Thank you for your consideration.
Page 164
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: March 10, 2020
SUBJECT: Liquor License Renewal
The following establishment submitted an application to the Alcohol and Marijuana Control Office
for renewal of their liquor license:
• American Legion Post D/B/A American Legion Post #20
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicant and they
have satisf ied all obligations to the City. With the approval of Council, a letter of non-objection to
the liquor license renewal will be forwarded to the ABC Board and the applicant.
Your consideration is appreciated.
Page 165
the city of,
KENAl"'LASKA
'V
"Vt1/"e with a Past City with a Future"
210 Fidalgo Avenue , Kenai , Alaska 99611-7794 bad
Telephone : 907-283-7535 I FAX: 907-283-3014 fljjP
1992 1 :ro 11
MEMORANDUM
TO:
FROM :
DATE:
RE:
David Ross, Chief of Police
Willie Anderson, Lands
Terry Eubank , Finance Department
Scott Bloom , Legal Department
Elizabeth Appleby , City Planner
Mike Wesson, Building Official
Jeremy Hamilton, Fire Marshal
Jacquelyn LaPlante, Deputy City Clerk
February 21, 2020
Liquor License Renewal
The Alcoholic Beverage Control Board has sent notification that the following applicant has
applied for renewal of their Liquor License #1380 :
Applicant:
D/B/A:
American Legion Post #20
American Legion Post #20
Pursuant to KMC 2.40.010 , it is determined to be in the public interest that holders of or
applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska
shall have all obligations to the City of Kenai on a satisfactory basis prior to the City
Council approval of any activity of said license holder or applicant.
Please review account(s) maintained by your department (i.e. water and sewer billings,
lease/property payment history, citations, etc.) by the above reference applicant. Initial whether
account(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach
information to this memorandum indicating amounts owed and for which accounts.
Please let me know if you have any questions. Once you have completed your se ction , please
route to the next department. Thanks!
Page 166
1. _.,.,-Police Department )>9 · initials
§ I have reviewed all records for my department and the applicant is current on obligations or
obligations do not exi st.
0 The applicant has outstand ing obligations and an additiona l page has been attached .
2 . \ Finance ~ initials
[!] I have reviewed all records for my department and the applicant is current on obligations o r
obligations do not exist.
0 The applicant has outstanding obligations and an additional page has been attached .
3 . _ /legal S /), initials
&1 have reviewed all records for my department and the applicant is curren t o n obli gations o r
obligations do not exist.
0 The applicant has outstanding obligations and an additional page has bee n attached .
4. _/Lands Management 1A t4J..../ initials
~ I have reviewed all records for my department and the applicant is current on obligations or
obligations do not exist.
Drhe applicant has outstanding obligations and an additional page has been attached.
5 . Planning and Zoning £&-initials
GiJ I have reviewed all records for my department and the applicant is current on obligations o r
obligations do not exist.
Drhe applicant has outstanding obligations and an additional page has been attached .
6. Building Officia l mqw init ials
!21 1 have reviewed all records for my department and the applicant is current on obligat ions o r
obligations do not exist.
Drhe applicant has outstanding obligations and an additional page has been attached.
7. _J Fire Marshal · 1tials
~ I have review II records for my department and the applicant is current on obligations or
obligations do not exist.
0rhe applicant has outstanding obligations and an additional page has been attached.
Returned to Clerk's office: t,\i;\iuio 9'j:.
Page 167
Department of Commerce,
Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
February 17, 2020
City of Kenai
Kenai Peninsula Borough
Via Email: jblankenship@kpb.us ; Dhenry@kpb.us ; JRodgers@kpb.us ; SNess@kpb.us ;
joanne@borough.kenai.ak.us ; tshassetz@kpb.us ; jheinz@kenai.city
Re: Notice of 2020/2021 Liquor License Renewal Application
204 George's Nightclub Beverage Dispensary
1380 American Legion Post #20 Club
We have received a completed renewal application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by
furnishing the director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If
a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary,
capricious, and unreasonable.
To protest the application referenced above, please submit your written protest within 60 days, and
show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity
to defend the application before a meeting of the local governing body.
Sincerely,
Glen Klinkhart, Director
amco.localgovernmentonly@alaska.gov
Page 168
Page 169
Page 170
Page 171
Page 172
Page 173
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Johni Blankenship, MMC
Borough Clerk
Office of the Borough Clerk
February 25, 2020
Sent via email: jheinz@kenai.city
Kenai City Hall
City of Kenai
RE: Non-Objection of Application
Dear Ms. Heinz,
This serves to advise that the Kenai Peninsula Borough has reviewed the above
referenced application and has no objection.
Should you have any questions, or need additional information, please do not hesitate
to let us know.
Sincerely,
Johni Blankenship, MMC
Borough Clerk
JB/ts
Encl.
cc: post20@alaska.net; jheinz@kenai.city; DCooper@kpb.us; SNess@kpb.us
Licensee/Applicant : AMERICAN LEGION #20 - Kenai
Business Name : AMERICAN LEGION POST #20
License Type : Club
License Location : 902 Cook Avenue, Kenai, AK 99611, City of Kenai
License No. : 1380
Application Type : License Renewal
Page 174
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3113-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE TERMINAL IMPROVEMENTS
CAPITAL FUND, AND AUTHORIZING AN INCREASE TO THE DESIGN AGREEMENT WITH
WINCE CORTHELL BRYSON.
WHEREAS, the City executed a Professional Services Design Agreement with Wince Corthell
Bryson on September 22, 2017 in the amount of $159,557 for the Kenai Municipal Airport Terminal
Rehabilitation Project; and,
WHEREAS, two contract amendments have been executed to date including Amendment 1 in
the amount of $566,943 for the completion of Design Phase services and Amendment 2 in the
amount of $466,122 which added Construction Administrative Services through the projects
original completion date of December 1, 2019; and,
WHEREAS, proposed contract Amendment 3 in the amount of $117,982 extends contract
duration and Construction Administrative Services through March 31, 2020 as well as adds
additional furniture design; and,
WHEREAS, proposed contract Amendment 4 in the amount of $12,913 is adding boiler
replacement design services; and,
WHEREAS, the total contract with Wince Corthell Bryson will be $1,323,517; and,
WHEREAS, Council has previously approved through passage of Ordinances No. 2975-2017 an
original contract amount to Wince Corthell Bryson of $440,212 followed by passage of Ordinance
3013-2018 which authorized an additional $286,288 and lastly Ordinance 3037-2018 Substitute
which added $466,122, for a total contract amount authorized by Council to date of $1,192,622;
and,
WHEREAS, with approval of this Ordinance Council is authorizing the increase to Wince Corthell
Bryson’s Purchase Order in the amount of $130,895 for a total Purchase Order of $1,323,517;
and,
WHEREAS, it has been determined that the grant eligible portions of the original design
agreement as well as amendment 1 are eligible for FAA reimbursement at 93.75%; and,
WHEREAS, Amendments 2, 3, and 4 have been determined to be FAA eligible for reimbursement
at 88.575%; and,
WHEREAS, it has been determined the FAA share is $1,209,901, the City of Kenai’s match is
$113,616 for the total Professional Design Services to date; and,
Page 175
Ordinance No. 3113-2020
Page 2 of 2
_____________________________________________________________________________________
WHEREAS, City Administration has reviewed the proposals and finds the Scope of Work to be
accurate and the costs to be fair and reasonable; and,
WHEREAS, approval of this amendment and appropriation is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept additional grant funding from the
Federal Aviation Administration (FAA) in the amount of $115,940 for Engineering Contract
Amendments 3 & 4.
Section 2. That the City Manager is authorized to execute Amendments to the Professional
Services Agreement with Wince Corthell Bryson in the total amount of $130,895 for a total
Purchase Order of $1,323,517.
Section 3. That the estimated revenues and appropriations be increased as follows:
Terminal Improvement Capital Project Fund:
Increase Estimated Revenues –
FAA Grant $115,940
Increase Appropriations:
Engineering $115,940
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Approved by Finance:
Introduced: March 18, 2020
Enacted:
Effective:
Page 176
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: March 12, 2020
SUBJECT: Ordinance No. 3113-2020
The purpose of this memo recommends passage of Ordinance No. 3113-2020 requesting an
increase to the estimated revenue and appropriations in the Terminal Improvements Capital
Project Fund and authorizing an increase to the Professional Services Design Agreement to
Wince Corthell Bryson.
This project has been a long time in the making with the original design agreement signed in
September 2017. The project is now nearing completion and this amendment provides for the
extended services as well as some additional scope of work not previously included within the
agreement, items like furniture design and now replacement boiler design services.
Blazy Construction’s existing contract to date totals $12,129,497.59. Wince Corthell Bryson’s
Agreement would be for $1,323,517.05 with approval of this Ordinance which equates to 10.9%
of current Construction Costs. This is on the higher side as a percentage of overall costs, however
in consideration of the extensive number of phases required to move individual tenants around to
keep those businesses operational which directly impacted the number of days the project has
taken to complete, these costs are reasonable.
It is anticipated that the Federal Aviation Administration will be providing for approximately
$1,172,305.23 with the City’s amount totaling $151,211.82 for all of the associated Engineering
Services. Council’s support is respectfully requested.
Page 177
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant
DATE: March 13, 2020
SUBJECT: Action/Approval – Special Use Permit State of Alaska DNR/Forestry
The State of Alaska, Department of Natural Resources/Division of Forestry is requesting renewal
of a Special Use Permit for a six month term from April 1, 2020 through September 30, 2020.
The Permit is for aircraft loading and parking on approximately 30,000 square of the apron
adjacent to their lease lot for firefighting related activity.
The rate is based on the table below passed by City Council at the May 18, 2016 Council meeting.
Apron Rate Increases to Arrive at Market in 6 years
Apron Lease Rate FY15 $1.80s.f. x .08 $ 0.144
FY2016 $ 0.357
FY2017 $ 0.528
FY2018 $ 0.699
FY2019 $ 0.870
FY2020 $ 1.041
FY2021 $ 1.210
The State of Alaska is current on all fees owed and we have a current Certificate of Insurance.
Airport Commission reviewed the request at the March 12, 2020 Commission meeting and
recommends Council approval.
Your consideration is appreciated.
attachments
Page 178
SPECIAL USE PERMIT 2020
The CITY OF KENAI (City) grants to STATE OF ALASKA DEPARTMENT OF
NATURAL RESOURCES/DIVISION OF FORESTRY (Pennittee), whose address is 550
W. Seventh Avenue, Suite 1450, Anchorage, AK 99501-3566, a Special Use Pennit to
conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport
subject to the requirements and the conditions set f01th below.
1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as
described in the attached diagram shown in the attached Exhibit A for the uses identified in
this Pennit.
2. Term. The term of this Permit shall be for six months commencing on Ap1il 1, 2020,
and ending on September 30, 2020. Regardless of the date of signature, this Permit shall be
effective as of April 1, 2020.
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Pennittee under this Permit:
A. Permit: Permittee shall pay a monthly fee plus applicable sales tax as follows:
April $ 2,602.50
May $ 2,602.50
June $ 2,602.50
July $ 3,025.00
August $ 3,025.00
September $ 3,025.00
B. Proximity Card for Gate Access: In addition to the general permit fee,
Pennittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each
proximity card issued to Pennittee by City to allow for gate access to the Airport to
conduct the uses permitted hereunder. City shall refund this deposit to Pennittee
when the card is returned to City. City may exercise a right of offset to apply the
deposit to any outstanding balance due to City from Pennittee at the tennination of
this Pennit.
C. Other Fees: City may assess additional fees for aviation or aviation supp01t
activities and uses not defined in this Pennit. If a fee has not been established for
those activities or services, a fee will be established by the Airport Manager.
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Achninistration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All pennit fees
Special Use Pern1it-DNR/Forestry (Parking) Page 1 of 9
Page 179
are payable in advance of each month unless otherwise provided. In the event of
delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due
(KMC 1. 75 .010). Interest shall accrue from the date due until the date paid in full . Failure
to timely make payments is grounds for termination of this Permit. (See if 22, Termination).
4. Use. City authorizes Permittee 's non-exclusive use of the Premises for the
following purpose(s):
Aircraft loading and parking. NOTE: This permit does not guarantee the exclusive use of
th e area identified in Exhibit A. City reserves the right to re-assign Permittee, upon
reasonable notice, to other areas as airport needs may require.
Permittee shall have the right of ingress and egress to the Airport using only designated
gate access locations (which may require a proximity card) for the use of the Premises.
This Permit, and any access rights allowed her eunder, are for Permittee 's use only and may
not be transferred or assigned.
Use of the Premises by Pennittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
Pennittee acknowledges that the use granted herein is subject to the Kenai Municipal Code
and municipal regulations governing the Kenai Municipal Airport and as those laws and
regulations may be amended from time to time.
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
No person may repair an aircraft, aircraft engine, propeller. or apparatus in an area of the
Airport other than that specifically designated for that purpose by the Airport Manager or
designated representative. The Airport Manager or designated representative reserves the
right to designate reasonable areas where aircraft owners may perform services on their
own aircraft.
5 . Airport Operations. Pennittee shall ensure that the Pennittee, its employees, and
guests , and anyone else acting by, on behalf of, or under the authority of Permittee on the
Airport, that perform any repairs or activities authorized under this Pennit act in a manner
that ensures the safety of people and the Airport, the protecti on of public health and the
environment, and the safety and integrity of the Airport and any premises on the Airport.
Permittee shall employ qualified personnel and maintain equipment sufficient for the
purposes of this provision. The Permittee shall immediately notify City of any condition,
problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety
Special Use Permit-DNR/Forestry (Parking) Page 2 of9
Page 180
of persons using the Airport, the public health or the environment, or the safety or integrity
o f any premises on the Airport.
6. Inspe ction. The Federal Aviation Administration (FAA) and/or City shall have the
right and authority to inspect, at any time for any purpose whatsoever, the Premises as well
as any and all equipment used by the Pennittee under this Pennit.
7. Coordination with Airport Management. Permittee shall coordinate all activities
on the Airport with Airport Management, or a designated representative, and shall abide
by all reasonable decisions and directives of the Airport Management regarding general
use of the Airport by Permittee.
8. Radio Transmitting Equipment. Pennittee shall discontinue the use of any
machine or device which interferes with any government-operated transmitter, receiver, or
navigation aid until the cause of the interference is eliminated.
9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Pennittee. Where specific lllnits are stated, the limits are the
minimum acceptable limits. If Permittee's insurance policy contains higher limits , City is
entitled to coverage to the extent of the higher limits.
A. Commercial General Liability insurance, including premises, all operations,
property damage, personal injury and death, broad-fonn contractual, with a per-
occurrence limit of not le ss than $1,000,000 combined single limit. The policy must
include an endorsement under which the insurer extends coverage to Permittee 's
fuel handling activities. The policy must name the City as an additional insured.
B. Worker's compensation insurance with coverage for all employees engaged
in w ork under this Permit or at the Premises as required by AS 23.30 .045 . Permittee
is further responsible to provide worker's compensation insurance for any
subcontractor who directly or indirectly provides services to Pennittee under this
Pennit.
C. C01mnercial Automobile Coverage witl1 not less than $1,000,000 combined
single limit per occunence. This insurance must cover all owned, hired, and non-
owned motor vehicles the Pe1mittee u ses on the Airport. The policy must name the
City as an additional insured.
D. All insurance required must meet the following additional requirements :
i. All policies will be by a company/corporation currently rated "A-"or
better by A.M. Best.
Special Use Permit-DNR/Forestry (Parking) Page 3 of9
Page 181
11. Permittee shall submit to the City proof of continuous insurance
coverage in the fom1 of insurance policies, certificates, endorsements,
or a combination thereof, and signed by a pers on authorized by the
insurer to bind coverage on its behalf.
111. Permittee shall request a waiver of subrogation against City from
Permittee's insurer and the waiver of subrogation, where possible,
shall be provided at no cost to City.
iv. Provide the City with notification at least 30 days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
v . Evidence of insurance coverage must be submitted to City by April 1,
2020. The effective date of the insurance shall be no later than April
1, 2020.
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee
shall submit to City evidence of insurance coverage that meets the requirements of the City.
10. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Pemlittee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Permittee anywhere on the Airport.
Permittee shall provide all proper safeguards and shall assume all risks incurred in its
activities on and access to the Kenai Munkipal Airp01i and its exercise of the privileges
granted in this Permit.
11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold hannless, the City of Kenai, its officers, agents, employees,
and volunteers from and against all actions , damages, costs, liability, claims , losses ,
judgments, penalties, and expenses of every type and description, including any fees and/or
costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees
and expenses incurred in enforcing this provision (hereafter collectively referred to as
"Liabilities "), to which any or all of them may be subjected, to the extent such Liabilities
are caused by or result from any negligent act or omission or willful misconduct of the
Pennittee in connection with or arising from or out of Permittee's activities on or use of
the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee 's
exercise of the privileges granted in this Permit. This shail be a continuing obligation and
shall remain in effect after termination of this Permit.
Special Use Permit-DNR/Forestry (Parking) Page 4 of9
Page 182
12. Fuel Spill Prevention and Response Plan. Areas of the apron have been seal coated
to protect asphalt from adverse effects of petroleum product spills. The City requires that
Pennittee provide adequate absorbent materials and tools available on the Premises and at the
airport in order to maintain a fuel spill and response capability. Pennittee shall be liable for
any damage caused by and costs associated with any spill, the cleanup of any spill, or the
discharge of petroleum products or hazardous materials due to Pennittee' s use of the apron
and/or use of the Airp01t.
Permittee shall provide to City an acceptable fuel spill prevention and response plan and
will maintain fuel spill and response capability. Pennittee further agrees to have a copy of
the fuel spill prevention and response plan located in the Permittee's fuel dispensing
equipment at all times. Permittee must comply with the Airport 's Storm Water Pollution
Prevention Plan as appropriate to Permittee's activities.
Pennittee shall not store any personal property, solid waste, petroleum products, Hazardous
Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive , reactive , or
toxic) or any hazardous substance on any portion of the Airport. Pennittee is aware that
there are significant penalties for improperly disposing of the Hazardous Materials and
other waste and for submitting false information regarding Hazardous Materials , including
the possibility of fine and imprisonment for knowing violations .
Permittee shall immediately remove the material in the event of spillage or dripping of
gasoline, oil, grease, or any other material which may be unsightly or detrimental to the
pavement or surface in or on any area of the A irport.
Pennittee may not construct or install any above-ground or underground fuel storage tanks
or dispens ing systems at the Airport.
No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or within 50 '
of any aircraft fuel facility or fuel truck.
Pennittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage,
Handling, and Dispensing on Airports , the National Fire Protection Associations '
"Standard for Aircraft Fueling Servicing" in NFP A 407 ( 1996 version), and the current
version of the International Fire Codes . All inspections of fuel facilitie s, by City or other
regulating entities to which Pennittee is subject, shall be conducted to assure compliance
with the fire safety practices listed in these referenced documents .
13. Hazardous Substances and Materials. Pennittee shall confonn and be subject to
the requirements of 14 CFR § 139 .321 regarding the handling and storage of hazardous
substances and materials .
Special Use Penriit-DNR/F orestry (Parking) Page 5of9
Page 183
14. No Discrimination. Pennittee shall not discriminate against any person because of
the person's race, creed , color national origin, sex~ age, or handicap . Permittee recognizes
the right of City to take any action necessary to enforce this requirement of the Permit.
Permittee will furnish services provided under this Pe1mit on a reasonable, and not unjustly
discriminatory, basis to all users of the Airport and shall charge reasonable, and not
unjustly discriminatory, prices for each product or service provided at the Airport.
15. Licenses and Permits. Pennittee shall obtain and maintain all required federal ,
state, and local licenses, certificates, and other documents required for its operations under
the Permit. Permittee shall provide proof of compliance to City upon request by the City.
16 . Compliance with Law /Grant Assurances. This Permit, and Pennittee's activities
conducted under this Permit , is subject to all executive orders, policies and operational
guidelines and all applicable requirements of federal, state, and City statutes , ordinances,
and regulations in effect during the term of this Permit. Further, Pennittee shall comply
with all applicable requirements imposed on the Airport by federal law to ensure that the
Airport 's eligibility for federal money or for participation in federal aviation programs is
not jeopardized. This Permit is subordinate to the City's grant assurances and federal
obligations.
17. No Exclusivity. The privileges granted under this Permit are not exclusive to
Pennittee. City has the right to grant to others any right or privilege on the Airport.
18. Assignment. The privileges granted under this Pennit are personal to Pennittee and
may not be assigned by Permittee.
19 . No Joint Venture. City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises or
elsewhere at the Kenai Municipal Airport.
20. No Waiver. Failure to insist upon a strict compliance with the tenns, conditions,
and requirements herein contained, or referred to , shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms , conditions, or requirements .
21. Personalty. Pem1ittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit (or any renewal thereof).
Personal property placed or used upon the Premises will be removed and/or impounded by
the City, if not removed upon termination of this Permit and when so removed and/or
impounded , such property may be redeemed by the owner thereof only upon the payment
to the City of the costs of removal plus storage charges of $25 .00 per day. The City of
Special Use Pennit-DNR/Forestry (Parking) Page 6of9
Page 184
Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its
customers.
22. Termination; Default. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. City may tenninate the Pennit
immediately, or upon notice shorter than 30 days, to protect public health and safety or due
to a failure of Pennittee to comply with condition or term of this Permit which failure
remains uncured after notice by City to Pennittee providing Permittee with a reasonable
time period under the circumstances to correct the violation or breach.
23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required
Airport fees is a condition of this Permit and, as such, failure to timely pay landing and
other airport fees is grounds for termination. Without limiting the foregoing, Permittee
shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule
of rates, charges and fees. Permittee shall make payment within 30 days following the end
of each month and without demand or invoicing from City. Permittee shall also provide
Airport Administration with monthly certified gross take-off weight reports within ten days
following the end of each month for landings for the preceding month. Airport landing
fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite
200, Kenai, AK 99611.
24. Impoundment. At the discretion of the Airport Manager, City may impound any
aircraft parked on the Premises after termination of this Permit. Impoundment may be
accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for
impoundment purposes . Inconvenience or damage that may result from such movement
will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged
on each aircraft impounded. In addition, a daily storage fee shall be charged for each day
the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90
days after impoundment shall be considered abandoned and shall be subject to sale at
public auction. Notice of any auction shall be published. Publication shall be in a
newspaper of general circulation in that area for at least once dming each of three
consecutive weeks not more than 30 days nor less than seven days before the time of the
auction.
25. Definitions. As used in this Permit, "Permittee" means State, Department of
Natural Resources, Division of Forestry, and where the context reasonably indicates, its
officers, agents: and employees. "Airport" means the Kenai Municipal Airport.
Special Use Pennit-DNRJForestry (Parking) Page 7of9
Page 185
CITY OF KENAI
Paul Ostrander
City Manager
Date
STATE OF ALASKA
DEPARTMENT OF NATURAL
RESOURCES, DIVISION
OF FORESTRY
Timothy Dabney
Deputy Director,
Division of Forestry
Date
ACKNOWLEDGMENTS
STATE OF ALASKA )
) SS .
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of , 2020, the foregoing
instrument was acknowledged before me by Paul Ostrander, City Manager, of the City of
Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My C01mnission Expires: ____ _
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of 2020, the foregoing
instrument was acknowledged before me by Timothy Dabney, Deputy Director,
DNR/Division of Forestry, on behalf of the State of Alaska.
Notary Public for Alaska
My Commission Expires:-----·
Special Use Pe1mit-DNR /Forestry (Parking) Page 8of9
Page 186
ATTEST:
Jamie Heinz, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Special Use Permit-DNR/Forestry (Parking) Page 9of9
Page 187
1------------i
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30,000 sq. ft.
Exhibit A
Page 188
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: March 13, 2020
SUBJECT: Action/Approval – New City Logo
The Administration has been working with a marketing firm since July 2019 on a destination
identity and marketing engagement as part of the City’s tourism and marketing efforts. Divining
Point, LLC representatives presented the results of these efforts to the Kenai City Council at a
Work Session on January 15, 2020.
The presentation included a discussion on branding and Kenai’s brand promise of abundant
opportunity. The presenters discussed the identified goals of supporting a thriving community,
fostering economic development, and promoting sustainable growth. They provided information
on the research they conducted, responses received from the community, and campaigns that
demonstrate the unique features of Kenai, including wide open spaces and Kenai as the best
place to raise a family, launch an adventure, and start or run a business. The team also presented
the salmon as the identity for the marketing effort, explaining the City’s similarities to the
characteristics of a salmon and noting the need for abstraction in a logo, and presented the new
promotional logo and font:
The City Council expressed appreciation for the logo and Administration recommends adoption
of this logo as the City’s new logo. If the Kenai City Council approves the new logo, Administration
will begin work on a plan to incorporate its use on stationary and begin integration of the logo on
other materials, including on the City website and new signage.
Your consideration is appreciated.
Page 189
"Vt1/~e with a Past, City with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 /FAX: 907 -283-3014
www.kenai.city
MEMORANDUM
TO:
FROM:
DATE:
Mayor Gabriel, Council Members,
Administration
Vice Mayor Molloy
March 11, 2020
SUBJECT: Discussion Item: Proposed Amended Policy on Student Representative For
Parks & Recreation Commission
For several meetings, the Parks & Recreation Commission has discussed issues relating to
Student Representative to the Commission. At their meeting of March 5, 2020, the Commission
unanimously approved its Resolution No, PR20-0l. This resolution recommends that the
Council adopt Policy No. 2018 -01 (Amended), amending the Council's Parks and Recreation
Commission Student Representative Policy.
The Commission recommends three amendments to the current policy:
1. "The student shall be a Kenai resident and a junior or senior in good standing with
school administration." This amendment deletes the restriction to KCHS and broadens the pool
of potential applicants to Kenai residents emolled in other public and private high schools, as
well as home school students and other programs emolled through the Borough School District
Administration.
2. "The student shall be approved by school administration; if multiple applications
are received, the Mayor may select an applicant for appointment." This amendment
addresses the scenario where multiple applications are received.
3. "The student will communicate with other students to provide information and seek
feedback from other students on Parks and Recreation issues affecting young people." This
amendment is consistent with previous job duties.
Council's consideration is appreciated. A resolution by the City Council is required to adopt the
proposed amendments or other amendments to Policy No. 2018-01. The Council also may wish
to consider amending its policy on Student Representative to the Council.
Page 190
thedty11(,
KENAI, ALASKA
'V
Sponsored by: Park s and Recreation Commission
CI TY O F K E NAI
R ESOLUT IO N NO. PR 20-01
A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF KENAI ,
ALASKA, RECOMMENDING THE AMENDMENT OF COUNCIL POLICY NO. 2018-03 -
PROVIDING FOR A STUDENT REPRESENTATIVE FOR THE PARKS & RECREATION
COMM ISSION, TO BROADEN THE REQUIREMENTS AND MAKE IT MORE INCLUSIONARY.
WHEREAS , Council Policy No . 2018-01 recognizes the benefits received from a Student
Representative, outlines the role , and defines limitations of the non-voting member of the
Commission ; and ,
WHEREAS , the Parks & Recreation Commission reviewed the current policy and recommends
amendments to the policy that will help attract and target representation from a broader spectrum
of high school students in the area,
NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the Parks and Recreation Commission of Kenai recommends the City Council
amend City Council Policy No. 2018-01 -Parks and Recreation Commission Student
Representative Policy, as attached .
Sect ion 2. That a copy of th is Resolution be provided to the members of the Kenai City
Council.
Sect ion 3. That this resolution takes effect immediately upon passage.
PASSED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF KENAI,
ALASKA, this 5th day of March, 2020.
~ ~~~ CHARLIE STEifiNs , CHAIR
Page 191
POLICY NO. 2018-01 (Amended): Parks and Recreation Commission Student
Representative Policy
Purpose
The purpose of this policy is to provide for a Student Representative for the Parks and
Recreation Commission.
Scope
This policy applies to the Parks & Recreation Commission and all Student Representatives
appointed to the Parks & Recreation Commission.
Policy
It is important to seek out and consider students’ ideas, viewpoints and reactions to Parks and
Recreation decisions. In order to provide student input and involvement, the Mayor of the
City of Kenai, may appoint a Student Representative to the Parks and Recreation Commission
and the Student Representative may participate in the Parks and Recreation Commission
meetings pursuant to the following:
1. Limitations, Qualification, and Requirements:
a. The Student may cast advisory votes on all matters except those subject to
executive session discussion. Advisory votes shall be cast in rotation with the
official Commission vote and shall not affect the outcome of a vote. Advisory votes
shall be recorded in the meeting summaries. Student Representatives may not
move or second items during a commission meeting.
b. The student shall be a junior or senior in good standing at the Kenai Central High
School.
The student shall be a Kenai resident and a junior or senior in good standing with
school administration.
c. The student shall be elected by the Student Council of Kenai Central High School,
subject to approval of the KCHS administration.
The student shall be approved by school administration; if multiple applications are
received, the Mayor may select an applicant for appointment.
d. The student shall attend all Parks and Recreation Commission meetings and work
sessions, unless excused by the Parks and Recreation Director.
e. The student should have an interest in public service.
f. The student should use this opportunity as a way to develop leadership skills.
g. The student will communicate with Student Council Members at Kenai Central High
School to provide information and seek feedback from other students on Parks and
Recreation issues affecting young people.
The student will communicate with other students to provide information and seek
feedback from other students on Parks and Recreation issues affecting young
people.
Page 192
Effective Date:__________________________ Approved by Resolution 2018-03
Amended by Resolution 2020-XX
Page 193
KENAI CITY COUNCIL STUDENT REPRESENTATIVE POLICY
It is important to seek out and consider students' ideas, viewpoints and reactions to
city decisions and policies affecting students. In order to provide student input and
involvement, the Kenai City Council may appoint a Student Representative and an
Alternate Student Representative as it deems necessary.
Limitations, Qualifications And Requirements:
1. The student may cast advisory votes on all matters except those subject
to executive session discussion. Advisory votes shall be cast in rotation with the
official council vote and shall not affect the outcome of a vote. Advisory votes shall be
recorded in the minutes. Student representatives may not move or second items
during a council meeting.
2. The student(s) shall be residents of the City of Kenai.
3. The student(s) shall be a junior or senior in good standing at the Kenai
Central High School.
4. The student(s) shall be elected by the Student Council of Kenai Central
High School and subject of approval of the KCHS administration.
5. The student(s) shall attend all city council meetings and work sessions,
unless excused by the Mayor. The alternate shall attend meetings in the absence of
the Student Representative.
6. The student(s) should have a long-term interest in public service.
7. The student(s) should give feedback to council members about policies
impacting young people.
8. The student(s) should use this opportunity as a way to develop
leadership skills.
9. The student(s) will communicate with student council members at Kenai
Central High School to provide information and seek feedback from other students on
city issues affecting young people and copies of all written reports regarding their
service be provided to the Kenai City Council through the City Clerk's Office.
APPROVED AND DATED: This first day of September, 2010.
(~)
ATTEST:
Carol L. Freas, City Clerk
Page 194
KENAI CITY COUNCIL STUDENT REPRESENTATIVE POLICY
It is important to seek out and consider students' ideas, viewpoints and reactions to
city decisions and policies affecting students. In order to provide student input and
involvement, the Kenai City Council may appoint a Student Representative and an
Alternate Student Representative as it deems necessary.
Limitations, Qualifications And Requirements:
1. The student may ca_st a_dvisory votes on all matters except those subject
to executive session discussion. Advisory votes shall be cast prior to the official
council vote and shall not affect the outcome of a vote. Advisory votes shall be
recorded in the minutes. Student representatives may not move or second items
during a council meeting.
2. The student(s) shall be residents of the City of Kenai.
3. The student(s) shall be a junior or senior in good standing at the Kenai
Central High School.
4. The student(s) shall be elected by the Student Council of Kenai Central
High School and subject of approval of the KCHS administration.
5. The student(s) shall attend all city council meetings and work sessions,
unless excused by the Mayor. The alternate shall attend meetings in the absence of
the Student Representative.
6. The student(s) should have a long-term interest in public service.
7. The student(s) should give feedback to council members about policies
impacting young people.
8. The student(s) should use this opportunity as a way to develop
leadership skills.
9. The student(s) will communicate with student council members at Kenai
Central High School to provide information and seek feedback from other students on
city issues affecting young people and copies of all written reports regarding their
service be provided to the Kenai City Council through the City Clerk's Office.
APPROVED AND DATED: This 16th day of March, 2005.
~(D~()
PAT PORTER, MAYOR
ATTEST:
~&~':'
Carol L. Freas, City Clerk · ··
,./'
Page 195
Page 196
KENAI PARKS & RECREATION COMMISSION
MARCH 5, 2020 – 6:00 PM
KENAI CITY COUNCIL CHAMBERS
CHAIR CHARLIE STEPHENS, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Stephens called the meeting to order at 6:03 p.m.
a. Pledge of Allegiance
Chair Stephens led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners present: C. Stephens, S. Kisena, T. Wisniewski, J. Dennis, M.
Bernard, R. Tomrdle
Commissioners absent: J. Joanis, T. Winger
Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Liaison B. Molloy
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Dennis MOVED to approve the agenda as presented and Commissioner Kisena
SECONDED the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. February 6, 2020
MOTION:
Commissioner Wisniewski MOVED to approve the meeting summary of February 6, 2020 and
Commissioner Bernard SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion – Amending the Parks & Recreation Commission Student
Representative Policy
Page 197
_____________________________________________________________________________________________
Parks and Recreation Commission Meeting Page 2 of 2
March 5, 2020
The Commission Chair thanked administration for the draft Resolution and policy as provided in
the packet. He noted that all of the Commission’s suggestions were addressed.
One correction was noted, the word “effecting” in Item 1(g) needed changed to “affecting.”
MOTION:
Commissioner Kisena MOVED to approve Resolution No. PR20-01 with the correction as noted
to Item 1(g) in the Policy No. 2018-01; and Commissioner Dennis SECONDED the motion. There
were no objections.
7. REPORTS
a. Parks and Recreation Director – Frates referenced the Administration Report in the
packet highlighting recent activities within the Department. He further reported that
he spoke at a recent Kenai Historical Society meeting, that Kite Festival planning
meetings were being planned, and the Department was gearing up for the opening of
the summer maintenance summer positions.
b. Commission Chair – No report.
c. City Council Liaison – Molloy reported on the recent actions and business items of
the March 4 City Council meeting, including the City’s marketing plan, Capital
Improvement Project update, and Council’s support for a Personal Use Fishery fee.
8. NEXT MEETING ATTENDANCE NOTIFICATION – April 2, 2020
Commission Chair Stephens noted he would be absent at the next meeting.
9. COMMISSION QUESTIONS & COMMENTS
Commissioner Wisniewski inquired about the status of the campground off S. Spruce Street. It
was noted that other properties would need to be looked at.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION
a. Multi-Purpose Facility Ice Schedule – February/March 2020
b. March Monthly Report
c. Arbor Day Grant 2020
d. Soldotna Chamber of Commerce & Visitors Center Announcement
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:50 p.m.
Meeting summary prepared and submitted by:
___________________________________
Jacquelyn LaPlante, Deputy City Clerk
Page 198
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Jeff Tucker, Fire Chief
DATE: March 10, 2020
SUBJECT: Fire Department Mid-Month Report – February
____________________________________________________________________________
In February, the department responded to 100 calls for service as compared to 130 calls in
February 2019. This is a 23.1% decrease compared to February of 2019. For calendar year 2020
the department has responded to 242 calls for service as opposed to the 2019 which saw 298
responses. This is an 18.8% decrease in calls for service year to date.
Engineer Sam Satathite retired for the Kenai Fire Department after 20 years of service to the
community. A retirement luncheon held to recognize Sam was well attended.
With Engineer Satathite’s retirement a testing process was held for the engineer’s position. The
department conducted promotional testing and Firefighter/Paramedic Scott Summers finished
number one in the testing and will be promoted to Engineer effective March 18th, 2020. To fill the
vacant Firefighters position the department used the list established from the last testing process
and has offered the position to Steve Turkington. Steve’s first day with the department will be
March 30th, 2020.
Fire Marshal Jeremy Hamilton attended the Fire and Building Officials Forum in Anchorage.
Firefighters Dustin Voss and Colin Morse completed the second week of their Fire Officer I course.
The Department assisted Kenai Peninsula Colleges Firefighter II testing process at the Beacon
training facility. The department had four of our members complete this training program.
Chief Tucker will be retiring after 38 years in the EMS and Fire profession. Retirement luncheon
will be on March 20th, 2020 from 11am to 1pm at Station 1.
Page 199
MEMORANDUM
TO: Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe
DATE: March 6, 2020
SUBJECT: Library Mid-Month Report February
______________________________________________________________________
February Circulation Figures
Adult 2900 Internet Access 595
Children 2038 iPad use 64
Young Adult 212 Games 8
Periodicals 78 Room Booking 168
Interlibrary Loan 4 Music 50
Miscellaneous 183
DVDs 2,430
Audiobooks 81
Total Print: 5232 Total Non-Print: 3579
Items borrowed from other libraries: 650 Items loaned to other libraries: 431
Total Circulation 2/20 7,903 Downloadable Audio 601
Total Circulation 2/19 7,756 Downloadable EBooks 520
% change +1.9% % change in downloadable from 2019 -3.4%
In-House circulation 248
Page 200
Page 2 of 2
February at a Glance
Library Door Count……. 6,261
Income
Fines $285.05
Xerox $41.25
Lost/Damaged $17.98
Test Proctoring Fee $60.00
Printing $286.00
Other __________
Total income $690.28
• 373 children and their parents/caregivers attended 26 children’s programs.
o Harry Potter Book Night, 22 participants
o Rate-a-Book, 25 participants
o DIY Valentine’s Day Cards, 14 participants
• 15 teens attended 2 teen programs
o Art Night, 4 participants
o Marvel Movie, 11 participants
• 26 adults attended 5 adult programs
o Totem Tracers, 22 participants
o Adult Draw, 9 participants
• 6 volunteers donated about 50 hours of their time
Library Cards Issued FEBRUARY
Anchorage 1
Kasilof 1
Kenai 16
Nikiski 3
Ninilchik 1
Sterling 1
Other 1
Total 24
Page 201
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: March 6, 2020
SUBJECT: March Mid-month Report
2018 Terminal Rehabilitation Project – Construction: The siding panels, ceiling panels, and new
advertising displays are currently being installed. This project is rapidly moving toward
completion.
2019 Alaska Fire Training Facility Rehabilitation & Acquire Aircraft Rescue and Firefighting Trucks
(ARFF) – Both the building and equipment projects are on schedule for completion in April 2020.
In-house Activities –
Airport Operations – Operations staff continues to work diligently removing the snow and ice
received this winter.
Airport Administration – Airport submitted the FY21 budget on February 19th, and the FY20
Efficiencies’ Report on March 2nd. City Administration and the Airport are also working to develop
an agreement for the Alaska Regional Fire Training Facility and a five-year extension to the
current Airline Operating Agreement.
Flight Information Display Boards – The Airport has installed four Flight Information Display
Boards in the terminal building, including upstairs in the lounge. There is also a link on the
Airport’s Facebook page that gets you directly to the flight information. It is the responsibility of
the airlines to keep the board information up to date with schedules, delays, cancellations, etc.
March 4 & 5, 2020 – Airport Manager and Assistant attended the 17th Annual Civil Rights
Conference in Anchorage. As a member of the Alaska UCP this provides an outreach opportunity
in presenting how to do business with the Kenai Airport.
Page 202
Page 2 of 2
Airport Mid-Month Report
2
March 16 & 17, 2020 – The dates of the TSA-mandated annual inspection at the Kenai Airport.
The Airport Security Plan, Emergency Control Plan, and the Vetting process will be reviewed. In
addition, there will be inspections at the airlines, Kenai Police Department, and an airfield
perimeter tour.
April 7, 2020 – The USDA will be providing the initial or recurrent Wildlife Hazing training to all
Airport and Kenai Police Department personnel to meet the 139 requirements necessary to haze
wildlife on the airport.
May 13 & 14, 2020 – Airport and City Administration will be attending the 2020 FAA Alaskan
Region Airports Division Workshop. The workshop provides valuable information on project
planning and impacts, land compliance, 139 certification regulations, master planning, AIP grant
processes, environmental processes, and others. This is a bi-annual conference.
June 13, 2020 – 20th Annual Kenai Peninsula Air Fair, Saturday!
Page 203
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
THROUGH: Dave Ross, Police Chief
FROM: Jessica “JJ” Hendrickson, Animal Control Chief
DATE: March 9, 2020
SUBJECT: February 2020 Monthly Report
This month the Kenai Animal Shelter took in 116 animals. Animal intake and disposition:
DOGS:
INTAKE 22 DISPOSITION 18
Waiver 8 Adopted 13
Stray 7 Euthanized 0
Impound 4 Claimed 5
Protective Custody 0 Field Release 0
Quarantine 1 Transferred 0
Other Intakes 2 Other Dispositions 0
CATS:
INTAKE 32 DISPOSITION 41
Waiver 12 Adopted 22
Stray 20 Euthanized 5
Impound 0 Claimed 3
Protective Custody 0 Field Release 0
Quarantine 0 Transferred 11
Other Intakes 0 Other Dispositions 0
OTHER ANIMALS:
INTAKE 62 DISPOSITION 32
Bird 19 Bird 7
Rabbit 13 Rabbit 10
Chicken 30 Chicken 15
Page 204
Page 2 of 2
Animal Control Mid-Month Report
3 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
18 Animals are known borough animals
95 Animals are known City of Kenai
2 Animals are known City of Soldotna
1 Animals from unknown location
27 Field Investigations & patrols
36.40 Volunteer Hours Logged
7 Citations
2 Educational Outreach
Statistical Data:
112 2018 YTD Intakes
128 2019 YTD Intakes
205 2020 YTD Intakes
DOA: 8 OTHER STATISTICS:
Dog 3 Licenses (City of Kenai Dog Licenses) 38
Cat 5 Microchips (Dog and Cat) 18
Page 205
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: March 12, 2020
SUBJECT: Finance March 2020 Monthly Report
____________________________________________________________________________
For the past month, much of the department’s focus has been on the preparation of the FY2021
Budget. The Council is tentatively scheduled to receive its first draft of the FY2020 budget on
April 1. There is much work to be done by all City departments in preparing the FY2021 budget.
The department has also been working with Alaska Permanent Capital Management, the
investment manager for the City’s permanent Funds to determine if changes to the distribution
model of the Airport Permanent Fund are going to be recommended. That work will likely be
completed in April with legislation, if needed, to be introduced in April.
Preparation is also being made for renewal of the City’s insurances (general liability, property,
workers’ compensation, airport, and marine). In discussion with our Alaska Public Entity
Insurance rate increase are likely but to what extent has yet to be determined.
Page 206
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: March 10, 2020
SUBJECT: Planning and Zoning February 2020 Report
____________________________________________________________________________
Below are a summary of activity in February 2020 for the Planning and Zoning Department.
Planning and Zoning Commission Agenda Items and Resolutions
• Resolution PZ2020-03 – Application for a Conditional Use Permit to operate a
Recreational Vehicle Park, located at 2301 Bowpicker Lane, Kenai, Alaska 99611 and
further described as Tract 1, Kenai River Shores Subdivision. The application was
submitted by Ronald Hyde, Jr. on behalf of PRL Logistics, Inc., P.O. Box 222029,
Anchorage, AK 99522
• Discussion/Recommendation - Authorizing the City Planner to draft and send a letter to
the Kenai Peninsula Borough supporting a request by the developers of Windhaven
Estates Phase 3 for a two-year time extension
• Post-Conference Discussion - 2020 Alaska Planning Conference - Collaborating for
Resilient Communities, February 9-11, 2020
Code Enforcement
3 cases were opened in February 2020 for an Abandoned Vehicle, Trash, and Debris and Junk.
Plans
The Hazard Mitigation Plan adopted by the Kenai City Council by resolution has been approved
by FEMA and the State of Alaska. It will be before the Kenai Peninsula Borough Planning
Commission on March 23, 2020. The plan will be considered for adoption as an annex to the
Kenai Peninsula Borough Plan (to replace the 2010 document that is currently the annexed
document for the City in the Kenai Peninsula Borough Hazard Mitigation Plan).
Page 207
Page 2 of 2
Planning and Zoning Mid -Month Report
Lands
• The purchase of four parcels for the bluff erosion project approved by City Council was
finalized.
• Six lessees within the Airport Reserve chose to convert their lease to the new standard
lease form.
• The appraisal to determine new lease rates for lessees on a five-year schedule was
received from the contractor.
Planning Forms
• Updates to all Planning and Zoning forms have started. Content will not be changed. The
forms are being made fillable with typed text and organized for better communication.
There are a total of 14 forms to update.
Page 208
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: March 9, 2020
SUBJECT: Mid-Month Activity Report
____________________________________________________________________________
A total of 81 hours were reserved at the multi-purpose facility compared to 80.50 last year during
this time. The primary user groups to date for the season include the Kenai Peninsula Hockey
Association (329.25), Kenai Central High School (114), Queens (56.50) and the Hockey Club
Alaska-Northern Knights (39).
Below is a list of recent activities and work accomplishments for the month of February:
• A total of 55.50 hours were spent grooming the Kenai Nordic Trails.
• 69.75 hours were spent on sidewalk maintenance (snow removal, ice control, inspections).
• A total of 51 hours were spent removing snow from hydrants.
• 4.0 hours were spent maintaining ice at the Daubenspeck Family Park.
• A total of 14.25 hours were spent on waste management (trash removal & restroom
cleaning).
• The Recreation Center staff reported a total of 6,611 patrons and youth staff reported 507
served during the month of February. The breakdown for the Recreation Center was as
follows: Gym (4,577), Weight Room (1,195), Sauna/Shower (313) and Racquetball Courts
(526).
• Staff worked on putting the department’s budget together. LARPing (Live Action Role
Playing) continues to be a big draw on Sundays.
• Staff worked with Connections home school student Anna Duvolld on signage to promote
pollinators in our local gardens. Anna finished third in last year’s Caring for the Kenai
Project.
• Local schools have completed their ski season. The Kenai Nordic Trails continue to
receive moderate use which will only continue to increase as we get into spring-like
temperatures.
Page 209
Page 2 of 2
Parks and Rec
• The department has gone through nearly 3 tons of ice melt this season and recently
ordered another ton.
Page 210
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: March 9, 2020
SUBJECT: Police & Communications Department Activity – February 2020
Police handled 560 calls for service in February. Dispatch received 245 9-1-1 calls. Officers
made 65 arrests. Traffic enforcement resulted in 159 traffic contacts and 38 traffic citations.
There were 7 DUI arrests. Officers investigated 12 motor vehicle crashes. There were 2 collisions
involving moose. There was one collision involving drugs or alcohol.
February training included: The KPD officer on the SERT team completed four days of training.
One officer attended Taser instructor training in Anchorage. One new officer completed the
Recertification Academy in Sitka for lateral officers. One dispatcher attended a week long
Incident Response to Terrorism class in New Mexico. One dispatcher attended APSIN training
in Anchorage.
The Dispatch Center is currently full staff, with one dispatcher in training. The police department
is still in the hiring process for one officer and all others have completed initial training.
1069
497
1169
467
1274
517
0
500
1000
1500
Total Police Service Calls 911 Calls Received
2020(Jan 1 - Feb 29)2019(Jan 1 - Feb 28)2018(Jan 1 - Feb 28)
Page 211
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: March 2020
SUBJECT: Mid-Month Report; Public Works / Capital Projects
• Terminal Building Rehabilitation Project – Blazy Construction was issued a Notice to Proceed
on October 1, 2018. The project is approximately 93% complete to date. The exterior metal
panels have arrived!! Installation of the panels is finally proceeding quickly, see included
photos of installation. Commissioning and balancing of mechanical systems has been
proceeding well. Contractor is working on making repairs to issues with pre-existing
equipment. The interior is very near completion with ceiling installation being the last large
interior component to finish and they are at about 90% complete currently. Public Works,
Airport and AE Team Staff are anticipating conducting a Substantial Completion inspection
likely on March 31, 2020. The current Substantial Completion date with our contract with
Blazy Construction is currently March 12, 2020, however we have a few change requests in
consideration that will likely add some time to the contract, items like replacement of the
existing boilers which have been failing on/off this winter. We are not anticipating assessing
liquidated damages. The A/E Team and Contractor have processed roughly 98% of the
required submittals, as well as responding to 238 RFIs; 166 Change Requests have been
processed with Eight Change Orders executed to date; Original Contract amount of
$10,985,994.00, Change Orders 1-8 total $1,143,503.59, approximately 10.4% of Original
Contract. The project is nearing completion and the team continues to work together well.
Photos below are of the second story tarmac side corridor to the lounge and the airport arrival
entrance on the east side of building.
Page 212
Page 2 of 5
Public Works Mid-Month Report
Page 213
Page 3 of 5
Public Works Mid-Month Report
• Alaska Regional Fire Training Facility Building Rehabilitation Project – A Notice to Proceed
was issued to Orion Construction on October 4, 2019. The Original Contract is for $1,938,755,
which is 69% complete to date. The Design Team and contractor have processed about 90%
of required submittals, and have responded to 21 RFIs. The Project is Proceeding Well. The
light fixtures are now 99% complete, mechanical system components are now on site and are
75% complete. One change order has been processed for a small unit heater replacement in
the effluent building which was not operational, cost is $8,242.73. Three change requests are
in consideration and may result in a Change Order 2 coming late March 2020. Final
Completion is anticipated for late March and the Contractor is on schedule to achieve this.
• Alaska Regional Fire Training Facility Equipment Rehabilitation Project - A Notice to Proceed
was issued to Kirila Fire on October 4, 2019. The Original Contract is for $1,993,000, 93.75%
of which is funded by an FAA Grant. On March 5th-7th the Contractor successfully completed
startup of the main trainer as indicated in the photos below. On March 9th the SAFT Trainer
successfully conducted training with assistance from the Kenai Fire Department, big thank
you to Chief Tucker and his staff for their help. The contract is approximately 85% complete
to date. One change order has been executed to date for $120,000 which added additional
fire places to the SAFT Trainer.
Page 214
Page 4 of 5
Public Works Mid-Month Report
• Dock repair – The City Dock received some new damages as a result of the November 30,
2018 Earthquake. Update: Council is approving an amendment to Nelson Engineering within
this packet to finalize revised Construction Documents in anticipation of releasing an Invitation
to Bid for repair work in April 2020.
• Recreation Center Improvements – Grant extension was requested to allow additional time to
coordinate with other projects, grant now expires June 30, 2020. Hansen Roofing completed
hot mop and cap sheet repairs to specific areas of the building for a contracted cost of $9,315.
Work was successful as areas that had been leaking are no longer. Other repair work will
contracted over the winter months with work taking place next spring.
• Kenai Cemetery Expansion 2018 – Project Documents were recently finalized. The Public
Works Department is completing a majority of this work in house. Storm Water Protection
Plan has been developed and submitted with the state. Clearing of the site is now complete,
installation of parking lot base is now complete. Project will continue to be on hold until spring
when fencing, HEA Power, and asphalt work will be completed.
• Peninsula Avenue Bluff Erosion 2018 – Design Documents are now 100% complete.
Invitation to Bid is anticipated for late March 2020.
• USACE Bluff Erosion – See City Manager’s report. Director’s Report from the Army Corp of
Engineers was signed April 10, 2019.
• DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr. was bid
on March 30, 2018. City of Kenai water main replacement crossing KSH at Shotgun/Beaver
Loop designed, funded, and will be bid with DOT project. The 16” new water main associated
with this project has now been installed under the Highway. Wolverine continues with the
project, the roadway has now been paved, ditch work final grading and bike path work are
taking place as well. Update: Project is shut down for winter, side street approaches were not
paved with the Spur and will require maintenance throughout the winter as potholes in the
gravel areas are already starting to appear.
• DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake –
ADOT advises this project will may have some right of way clearing taking place before winter
with the majority of the work taking place next year.
• DOT Beaver Loop Road and Pedestrian Pathway Project – QAP was awarded the project.
Signage was posted the week of June 10th, clearing of the right of ways and directional boring
of utilities is actively underway. DOT advises final asphalt for both the new road and bike path
will not be until May/June 2020. Update: Subgrade and driveway approaches continued to
be worked on for this period, establishing ditch lines, installation of utilities. QAP is pretty
much shutting down for winter now.
Page 215
Page 5 of 5
Public Works Mid-Month Report
• Staff has also been working on Procurement documents for the following projects:
1) Kenai Fire Department SCBA Equipment released on 11/15/19, contract award
approved at the January 15th council meeting. Contract has now been executed with
MES and we are awaiting delivery of Equipment.
2) Kenai Municipal Airport Professional Engineering Services Term Contract 5 years
released 1/23/20 with Proposals due on 2/18/20; a new Service Agreement is pending
with HDL Engineering as the successful proposer
3) Contract to use Cranes, Offices & Operating Area at the Boating Facility released on
2/12/20 with bids originally due on 3/4/20, and is being extended to 3/23/20.
4) Water, Sewer, Waste Water Professional Engineering Services Term Contract 5 years
released on March 9, 2020 with proposals due on March 31, 2020.
Page 216
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: March 10, 2020
SUBJECT: February 2020 Monthly Report
Congregate Meals Served (Dining Room) 1231
Home Delivered Meals 1338
Volunteer Hours (29 individuals) = 328
Unassisted Transportation Rides 333
Assisted Transportation Rides 91
Social Security Video Service 28 individuals
Senior Center Rentals 2 Memorial Services
Total Event Sign-Ins (through MySeniorCenter) 2355
Total Unduplicated Participants (through MySeniorCenter) 248
The Living Well with Diabetes Classes finished in February. This six-week class met each week
throughout January and February. It was taught by certified instructors for Diabetes Self -
management and to encourage those with this chronic condition. This class was so popular, it
will be offered again soon.
We regularly have seniors stop by requesting help with various benefits such as the Permanent
Fund; Senior Benefits; Heating Assistance; Medicare/Medicaid; Food Boxes; and Alaska REAL
ID. The Center is known as a “One Stop Shop” and we work to stay current on all of these
programs.
February is also the month staff and the Kenai Senior Connection, Inc. Board start to prepare
for March for Meals. We were able to send out almost 4,000 mailers to local individuals and
businesses. 2020 promises to be another successful fundraiser for our meal programs.
Page 217
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF : MARCH 18, 2020
VENDOR DESCRIPTION DEPT . ACCOUNT AMOUNT
PROFESSIONAL ESCROW LOT 7C, KENAI TOWNSITE KENAI BLUFF EROSION LAND 5,460.00
LOT 6B & 1 OB2 , BLK 19 KENAI
PROFESSIONAL ESCROW TOWNSITE KENAI BLUFF EROSION LAND 7,960.00
PROFESSIONAL ESCROW LOT 7D , KENAI TOWNSITE KENAI BLUFF EROSION LAND 4 ,960.00
EDOCSALASKA LASERFICHE UPGRADE CLERK SOFTWARE 4 ,820 .70
E-IMAGE DATA MICROFILM SCANNER UPGRADE LIBRARY SMALL TOOLS 2,907.00
JUSTIN WARIX FY20 PHYSICIAN SPONSOR FIRE PROFESSIONAL SERVICES 3,000.00
Page 218
MARCH 18, 2020
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION
Add item G .10.
to be taken up first
after Unscheduled
Public Comment
Add item D.6.
to be taken up second
after Unscheduled
Public Comment
Add item G.11 .
to be taken up third
after Unscheduled
Public Comment
Add item D.7 .
to be taken up in
normal order of
business
ITEM REQUESTED BY
Action/Approval -Support the City Manager's City Manager
Emergency Disaster Declaration .
• Emergency Declaration
Resolution No. 2020-15 -Extending the Disaster C ity Manager
Emergency Declaration for the City of Kenai Made on
March 18, 2020 in Response to the COVID-19 Pandemic
Ordinance No. 3114-2020 -Authorizing the Suspension Legal
and Modification of Various Sections of Kenai Municipal
Code Regarding Council Meetings and Other Public
Meetings and Participation in Order to Protect the Health
Safety and Welfare of Our City and Declaring an
Emergency.
• Ordinance No. 3114-2020
• Supporting Memo
Resolution No. 2020-16 -Supporting the Appointment
of Robert Ruffner to the Alaska Board of Fisheries
• Resolution No. 2020-16
• Supporting Memo
Mayor Gabriel
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Paul Ostrander FOR IMMEDIATE RELEASE
City Manager
DISASTER EMERGENCY DECLARATION FOR THE CITY OF KENAI
March 1 8, 2020
WHEREAS, the novel Coronavirus, known as COVID-19 can result in serious illness or death
and has shown to be easily transmittable from person to person; and,
WHEREAS, reducing the high risk of serious illness from COVID-19 is especially critical to
older adults and individuals who have pre-existing medical conditions; and,
WHEREAS, the World Health Organization declared COVID-19 as a pandemic on March 11,
2020; and,
WHEREAS, the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12,
2020 and other positive diagnosis have since occurred; and,
WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster
Emergency on March 11, 2020 and the President of the United States issued a Proclamation
Declaring a National Emergency on March 13, 2020; and,
WHEREAS, on March 13, 2020 Governor Mike Dunleavy issued a mandate that public schools
close to students between March 16 and March 30, 2020 and all after school activities have been
suspended; and,
WHEREAS, Governor Mike Dunleavy has further mandated the closure of certain public and
private facilities; and,
WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends that
employers and others implement policies such as remote work and cancellation of mass
gatherings to increase the physical distance between individuals to prevent the spread of COVID-
19; and,
WHEREAS, many public and private facilities, gatherings, and other events have been
cancelled or postponed in order to prevent the rapid transmission of COVID-19; and,
Page 2 of 12
City of Kenai Disaster Emergency Declaration
March 17, 2020
WHEREAS, these events have a significant impact on business, commerce, and the local economy
now and potentially in the future, as there is no projected date for a potential vaccine or other
treatment for COVID-19; and,
WHEREAS, the City expects that the continued impact of COVID-19 will be of a severity and
magnitude that is beyond the authority and capacity of the City to provide effective response; and
NOW, THEREFORE:
I declare a Disaster Emergency pursuant to AS 26.23.140 to exist in the City of Kenai due to the
current and expected imminent impacts of the COVID-19 pandemic, and as such I have activated
the emergency operations plan of the City in order to address the ongoing response.
Further, the City requests that the State of Alaska provide disaster assistance to the City by making
available resources as needed in the ongoing response and recovery from the current and potential
impacts of this pandemic, to provide individual assistance for affected businesses and individuals,
and to provide technical expertise and guidance, to help the City in its response and recovery
from this event. The City additionally requests assistance from federal agencies where state
capability is not adequate.
A copy of this declaration will be promptly filed with the Alaska Division of Homeland Security
and Emergency Management.
Dated this 18th day of March, 2020.
Paul Ostrander, City Manager
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 3 of 12
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020 - 15
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXTENDING THE
DISASTER EMERGENCY DECLARATION FOR THE CITY OF KENAI MADE ON MARCH 18,
2020 IN RESPONSE TO THE COVID-19 PANDEMIC.
WHEREAS, the novel Coronavirus, known as COVID-19 can result in serious illness or death
and has shown to be easily transmittable from person to person; and,
WHEREAS, reducing the high risk of serious illness from COVID-19 is especially critical to
older adults and individuals who have pre-existing medical conditions; and,
WHEREAS, the World Health Organization declared COVID-19 as a pandemic on March 11,
2020; and,
WHEREAS, the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12,
2020 and other positive diagnoses have since occurred; and,
WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster
Emergency on March 11, 2020 and the President of the United States issued a Proclamation
Declaring a National Emergency on March 13, 2020; and,
WHEREAS, on March 13, 2020 Governor Mike Dunleavy issued a mandate that public schools
close to students between March 16 and March 30, 2020 and all after school activities have
been suspended; and,
WHEREAS, Governor Mike Dunleavy has further mandated the closure of certain public and
private facilities; and,
WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends that
employers and others implement policies such as remote work and cancellation of mass
gatherings to increase the physical distance between individuals to prevent the spread of COVID-
19; and,
WHEREAS, many public and private facilities, gatherings, and other events have been
cancelled or postponed in order to prevent the rapid transmission of COVID-19; and,
WHEREAS, these events have a significant impact on business, commerce, and the local
economy now and potentially in the future, as there is no projected date for a potential vaccine
or other treatment for COVID-19; and,
Page 4 of 12
Resolution No. 2020-15
Page 2 of 2
_____________________________________________________________________________________
WHEREAS, the City expects that the continued impact of COVID-19 will be of a severity and
magnitude that is beyond the authority and capacity of the City to provide effective response;
and,
WHEREAS, pursuant to AS 26.23.140 the City Manager as the principal executive officer has
issued a Disaster Emergency Declaration on March 18, 2020 for a period not to exceed 7 days,
and authorizing the extension of the Disaster Emergency Declaration is in the best interest of the
City of Kenai given the nature of the pandemic and expected impacts.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Council of Kenai extends for 90 days or until repealed sooner, the
Disaster Emergency Declaration issued by the City manager pursuant to AS 26.23.140, due to
the current and expected imminent impacts of the COVID-19 pandemic.
Section 2. That the City requests that the State of Alaska provide disaster assistance to the
City by making available resources as needed in the ongoing response and recovery from the
current and potential impacts of this pandemic, to provide individual assistance for affected
businesses and individuals, and to provide technical expertise and guidance, to help the City
in its response and recovery from this event.
Section 3. That the City additionally requests assistance from federal agencies where state
capability is not adequate.
Section 4. That a copy of this declaration will be promptly filed with the Alaska Division of
Homeland Security and Emergency Management.
Section 5. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18 day of March, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 5 of 12
Sponsored by: Legal
CITY OF KENAI
ORDINANCE NO. 3114 - 2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE
SUSPENSION AND MODIFICATION OF VARIOUS SECTIONS OF KENAI MUNICIPAL CODE
REGARDING COUNCIL MEETINGS AND OTHER PUBLIC MEETINGS AND PARTICIPATION
IN ORDER TO PROTECT THE HEALTH, SAFETY AND WELFARE OF OUR CITY AND
DECLARING AN EMERGENCY.
WHEREAS, the novel Coronavirus, known as COVID-19 can result in serious illness or death
and has shown to be easily transmittable from person to person; and,
WHEREAS, reducing the high risk of serious illness from COVID-19 is especially critical to
older adults and individuals who have pre-existing medical conditions; and,
WHEREAS, the World Health Organization declared COVID-19 as a pandemic on March 11,
2020; and,
WHEREAS, the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12,
2020 and other positive diagnoses have since occurred; and,
WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster
Emergency on March 11, 2020 and the President of the United States issued a Proclamation
Declaring a National Emergency on March 13, 2020; and,
WHEREAS, on March 13, 2020 Governor Mike Dunleavy issued a mandate that public schools
close to students between March 16 and March 30, 2020 and all after school activities have
been suspended; and,
WHEREAS, Governor Mike Dunleavy has further mandated the closure of certain public and
private facilities; and,
WHEREAS, on March 18, 2016 the City manager declared a local disaster emergency
WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends that
employers and others implement policies such as remote work and cancellation of mass
gatherings to increase the physical distance between individuals to prevent the spread of COVID-
19; and,
WHEREAS, many public and private facilities, gatherings, and other events have been
cancelled or postponed in order to prevent the rapid transmission of COVID-19; and,
Page 6 of 12
Ordinance No. 3114-2020
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, new information and guidance is being provided on a daily basis requiring maximum
flexibility be given to respond to and implement various preventative and containment measures;
and,
WHEREAS, given the rapidly changing situation this ordinance is necessary for the immediate
preservation of public peace, health and safety; and,
WHEREAS, the City needs maximum flexibility to schedule, cancel and reschedule meetings and
modify procedures to respond to time sensitive and emergency situations and conduct necessary
business in a safe manner; and,
WHEREAS, the authorization provided in this emergency ordinance is intended to be temporary
in duration, lasting only during the state and local disaster declaration; and,
WHEREAS, when reasonably possible the City will continue to comply with all City ordinances
regarding Council Meetings and public meetings and participation and will only deviate as
authorized below when reasonably necessary; and,
WHEREAS, state law and the City’s Charter allow for emergency ordinances when necessary to
preserve public peace, health and safety.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That this ordinance is not of a general and permanent nature and shall not be
codified.
Section 2. That the COVID-19 pandemic has created an emergency recognized on the
federal, state and local level and that this emergency ordinance is necessary to immediately
preserve the public peace, health and safety.
Section 3. That notwithstanding anything to the contrary in the City of Kenai’s Municipal Code
of Ordinances, the City Mayor or other current Presiding Officer, if the Mayor is unavailable, has
the authority to modify and/ or waive provisions of City Code pertaining to scheduling,
teleconference participation, public participation and other related provisions of code related to
meetings of the Council and other advisory and adjudicatory bodies of the City of Kenai, if deemed
necessary for public health and safety; provided that any modification and/ or waiver is in
compliance with state law.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to Kenai Municipal Charter Section 2-13 and KMC
1.15.070 this ordinance shall take effect upon enactment.
Page 7 of 12
Ordinance No. 3114-2020
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 6. Sunset Date: That this ordinance and its authority will terminate upon the
termination of the City of Kenai’s Disaster Emergency Declaration.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18 day of March, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: March 18, 2020
Enacted: March 18, 2020
Effective: March 18, 2020
Page 8 of 12
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: March 18, 2020
SUBJECT: Ordinance No. 3114-2018 – Suspension and Modification of Public
Meeting Rules and Declaring an Emergency
____________________________________________________________________________
This Ordinance allows the Mayor or other presiding officer to schedule and hold public meetings
with maximum flexibility, even if KMC provisions provide differently. For example, code provisions
regarding the number of council members that can participate telephonically at a council meeting
on a non-emergency basis would not need to be followed. This ordinance would apply to the City
Council, board of adjustment and other advisory commissions and committees. State law will still
need to be followed along with City Charter provisions. It is written to end or sunset on the same
date as the City’s Declaration of Emergency ends. It will not be codified.
This ordinance is being introduced and passed as a laydown in the same meeting on an
emergency basis due to the COVID-19 pandemic. Pursuant to City Charter it must be read twice
at the same meeting and must declare an emergency. It also requires an affirmative vote of 5
council members to be enacted.
Your consideration is appreciated.
Page 9 of 12
_____________________________________________________________________________________
Sponsored by: Mayor Gabriel
CITY OF KENAI
RESOLUTION NO. 2020-16
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE
APPOINTMENT OF ROBERT RUFFNER TO THE ALASKA BOARD OF FISHERIES.
WHEREAS, Robert Ruffner served on the Alaska Board of Fisheries from 2015 until 2019; and,
WHEREAS, commercial fisheries, sport fisheries, personal use fisheries, subsistence fisheries
and shore-based fish processing facilities take place and/or are located within the City of Kenai’s
Municipal boundaries; and,
WHEREAS, it is vitally important that members of the Alaska Board of Fisheries manage fishery
resources and habitat for the benefit of all Alaskans both present and future; and,
WHEREAS, Mr. Ruffner has applied for appointment to the Alaska Board of Fisheries; and,
WHEREAS, Mr. Ruffner has proven to provide diversity of interest and points of view in his past
board of fisheries membership; and,
WHEREAS, Mr. Ruffner, during his tenure as the Executive Director of the Kenai Watershed
Forum, demonstrated exemplary leadership in building consensus among widely diverse user
groups; and,
WHEREAS, Mr. Ruffner’s training as a scientist and statistician provide the basis for sound
decision-making based on scientific analysis; and,
WHEREAS, Mr. Ruffner has been recognized by, and received awards from, the Coastal America
Partnership and the United States Fish & Wildlife Service for his efforts and leadership in fish
habitat restoration and protection; and,
WHEREAS, the City of Kenai has worked closely with Mr. Ruffner and the Kenai Watershed
Forum over the past twenty-one years, finding him to be unbiased, possessing keen analytical
skills, and committed to sound scientific based decision-making, which will well serve the State of
Alaska and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Council of the City of Kenai respectfully asks Governor Dunleavy to
appoint Robert Ruffner to the Alaska Board of Fisheries.
Section 2. That a copy of this resolution shall be mailed to Governor Dunleavy.
Section 3. That this resolution takes effect immediately upon adoption.
Page 10 of 12
Resolution No. 2020-16
Page 2 of 2
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 11 of 12
MEMORANDUM
TO: Kenai City Council
FROM: Mayor Gabriel
DATE: March 16, 2020
SUBJECT: Resolution No. 2020-16 – Endorsing Robert Ruffner’s appointment to
the Alaska Board of Fisheries.
Robert Ruffner served on the Alaska Board of Fisheries from 2015 until 2019 when his term
ended. Pursuant to AS 16.05.221(d), the Governor shall appoint a person to fill the vacancy that
will arise on the board due to expiration of the term of a member of the board and submit the
name of the person to the legislature for confirmation.
Robert Ruffner has applied for appointment to the Board of Fisheries and, because of his
expertise and demonstrated leadership with his past tenure on the Board of Fisheries the Kenai
Watershed Forum, Mr. Ruffner is an asset to the State of Alaska and the Alaska Board of
Fisheries. His appointment would provide diversity of interest and points of view in the
membership of the Board of Fisheries.
Your consideration is appreciated.
Page 12 of 12
Kenai City Council - Regular Meeting Page 1 of 4
March 18, 2020
Kenai City Council - Regular Meeting
March 18, 2020 – 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. ADOPTED UNANIMOUSLY. Resolution No. 2020-15 – Extending the Disaster
Emergency Declaration for the City of Kenai made on March 18, 2020 in Response
to the COVID-19 Pandemic. (City Manager)
2. ENACTED UNANIMOUSLY. Ordinance No. 3114-2020 – Authorizing the
Suspension and Modification of Various Sections of Kenai Municipal Code
Regarding Council Meetings and Other Public Meetings and Participation in order
to Protect the Health Safety and Welfare of Our City and Declaring and Emergency.
(Legal)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes
3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3106-2020 -
Amending Title 11 - Harbor and Harbor Facilities, to Remove Provisions that are No
Kenai City Council - Regular Meeting Page 2 of 4
March 18, 2020
Longer Historically Relevant, Recognize Changes to Other Chapters of City Code
That Now Provide for Lease and Sale of Harbor Lands and Provide the Harbor
Commission a Platform to Move Forward. (Council Members Peterkin and
Glendening)
4. ENACTED UNANIMOUSLY. Ordinance No. 3110-2020 - Amending Kenai
Municipal Code Section 23.55.030 - Qualification Pay, to Add Additional
Qualification Pay Items to the List of Those for Which Employees Continue to
Receive While on Annual Leave or When Receiving Holiday Pay. (Administration)
5. ENACTED UNANIMOUSLY. Ordinance No. 3111-2020 - Increasing Estimated
Revenues and Appropriations in the Terminal Improvements Capital Fund, and
Authorizing an Increase to the Construction Purchase Order to Blazy Construction,
Inc. (Administration)
6. ENACTED UNANIMOUSLY. Ordinance No. 3112-2020 - Increasing Estimated
Revenues and Appropriations in the Airport Improvements Capital Fund, and
Authorizing an Increase to the Construction Purchase Order to Kirila Fire,
Inc. (Administration)
7. ADOPTED UNANIMOUSLY. Resolution No. 2020-14 - Approving the Execution of
a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City
of Kenai and Schilling Rentals, LLC for Lot 5A, Block 1, FBO Subdivision 2018
Replat. (Administration)
8. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-16 – Supporting
the Appointment of Robert Ruffner to the Alaska Board of Fisheries. (Mayor Gabriel)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of March 4, 2020
(City Clerk)
F. UNFINISHED BUSINESS
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
Over $15,000. (Administration)
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to
the Renewal of the Liquor License for American Legion Post #20. (City Clerk)
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET 4/1/2020.
*Ordinance No. 3113-2020 - Increasing Estimated Revenues and Appropriations in
Kenai City Council - Regular Meeting Page 3 of 4
March 18, 2020
the Terminal Improvements Capital Fund, and Authorizing an Increase to the Design
Agreement with Wince Corthell Bryson. (Administration)
5. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to State of
Alaska Department of Natural Resources - Forestry Division, for Aircraft Loading
and Parking. (Administration)
6. APPROVED UNANIMOUSLY. Action/Approval - Adopt a New City Logo. (City
Manager)
7. SET FOR 04/15/2020 AND 04/16/2020. Discussion - Set Dates for Council
Employee Evaluations. (Mayor Gabriel)
8. Discussion - Parks and Recreation Commission and City Council Student
Representative Policies. (Vice Mayor Molloy)
9. Discussion - Public Official Financial Disclosure Statements. (Vice Mayor Molloy)
10. APPROVED UNANIMOUSLY. Action/Approval – Support the City Manager’s
Emergency Disaster Declaration. (City Manager)
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)
Kenai City Council - Regular Meeting Page 4 of 4
March 18, 2020
2. Council Comments
L. EXECUTIVE SESSION
1. Discussion of the Facility Management Agreement for the Kenai Visitor and Cultural
Center, pursuant to AS 44.32.310(c)(1)(3) a matter of which the immediate
knowledge may have an adverse effect upon the finances of the City, and a matter
by which law, municipal charter, or ordinance are required to be confidential.
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
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.
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE MARCH 18, 2020
KENAI CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s)
and/or Resolution(s) at the above-referenced meeting .
1. ADOPTED UNANIMOUSLY. Resolution No. 2020-15 -Extending the
Disaster Emergency Declaration for the City of Kenai made on March 18,
2020 in Response to the COVID-19 Pandemic. (City Manager)
2. ENACTED UNANIMOUSLY. Ordinance No. 3114-2020 -Authorizing
the Suspension and Modification of Various Sections of Kenai Municipal
Code Regarding Council Meetings and Other Public Meetings and
Participation in order to Protect the Health Safety and Welfare of Our City
and Declaring and Emergency. (Legal)
3. ENACTED UNANIMOUSLY. Ordinance No. 3106-2020 -Amending Title
11 -Harbor and Harbor Facilities, to Remove Provisions that are No
Longer Historically Relevant, Recognize Changes to Other Chapters of
City Code That Now Provide for Lease and Sale of Harbor Lands and
Provide the Harbor Commission a Platform to Move Forward. (Council
Members Peterkin and Glendening)
4. ENACTED UNANIMOUSLY. Ordinance No. 3110-2020 -Amending
Kenai Municipal Code Section 23.55.030 -Qualification Pay, to Add
Additional Qualification Pay Items to the List of Those for Which
Employees Continue to Receive While on Annual Leave or When
Receiving Holiday Pay. (Administration)
5. ENACTED UNANIMOUSLY. Ordinance No. 3111-2020 -Increasing
Estimated Revenues and Appropriations in the Terminal Improvements
Capital Fund, and Authorizing an Increase to the Construction Purchase
Order to Blazy Construction, Inc. (Administration)
6. ENACTED UNANIMOUSLY. Ordinance No. 3112-2020 -Increasing
Estimated Revenues and Appropriations in the Airport Improvements
Capital Fund , and Authorizing an Increase to the Construction Purchase
Order to Kirila Fire, Inc. (Administration)
7. ADOPTED UNANIMOUSLY. Resolution No. 2020-14 -Approving the
Execution of a Lease of Airport Reserve Lands Using the Standard Lease
Form Between the City of Kenai and Schilling Rentals, LLC for Lot 5A,
Block 1, FBO Subdivision 2018 Replat. (Administration)
8. ADOPTED UNANIMOUSLY. Resolution No. 2020-16 -Supporting the
Appointment of Robert Ruffner to the Alaska Board of Fisheries. (Mayor
Gabriel)
Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk.
Please be advised , subject to legal limitations , ordinances and/or resolutions may have been
amended by the Council prior to adoption without further public notice.
NOTI CE O F PUBLIC HEARIN G
MARCH 18, 2020
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVE N the City Council of the City of Kenai will conduct a public hearing
on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date :
1. Ordinance No. 3106-2020 -Amending Title 11 -Harbor and Harbor Facilities, to
Remove Provisions that are No Longer Historically Relevant, Recognize Changes to
Other Chapters of City Code That Now Provide for Lease and Sale of Harbor Lands and
Provide the Harbor Commission a Platform to Move Forward. (Council Members
Peterkin and Glendening)
2. Ordi nan ce No. 3110-2020 -Amending Kenai Municipal Code Section 23 .55 .030 -
Qualification Pay, to Add Additional Qualification Pay Items to t he List of Those for
Which Employees Continue to Receive While on Annual Leave or When Receiving
Holiday Pay. (Administration)
3. Ordinance No. 3111 -2020 -Increasing Estimated Revenues and Appropriations in the
Terminal Improvements Capital Fund, and Authorizing an Increase to the Construction
Purchase Order to Blazy Construction, Inc. (Administration)
4 . Ordi nance No. 3112-2020 -Increasing Estimated Revenues and Appropriations in the
Airport Improvements Capital Fund, and Autho rizing an Increase to the Construction
Purchase Order to Kirila Fire, Inc. (Administration)
5. Resoluti on No. 2020-14 -Approving the Execution of a Lease of Airport Reserve Lands
Using the Standard Lease Form Between the City of Kenai and Schilling Rentals, LLC
for Lot 5A, Block 1, FBO Subdivision 2018 Replat. (Administration)
The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits, in the
Kenai City Council Chambers , 210 Fidalgo Avenue, Kenai, Alaska , 99611 . All interested
persons are invited to attend the meeting and participate in the publ ic d iscussion. Written
comme nts may be sent to the Kenai City Council , c/o Kenai City Clerk, 210 Fidalgo Avenue,
Kenai , AK, 99611 .
Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk
and will be available at the meeting for public review. Please be advised, subject to legal
limitations , o rdinances and/or resolutions may be amended by the Council prior to adoption
without further public notice.
MEMO:
TO: File
FROM: Jamie Heinz, City Clerk
DATE: March 19, 2020
SUBJECT: Confidential Meeting Material
Confidential material was presented to the Council in Executive Session and is sealed
as a part of the permanent meeting record.
For more information, contact me at 907-283-8231 or visit with me at City Hall, Office of
the City Clerk.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014