HomeMy WebLinkAbout2022-07-06 Council PacketPage 1
Kenai City Council - Regular Meeting
KE. ['�sl A 1
July 06, 2022 — 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
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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)
1. "Introduction to Executive Director" Peter Evon, Executive Director of the Kenaitze Indian Tribe.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1„ Ordinance No. 3295-2022 — Amending the Official Zoning Map by Rezoning Certain Parcels
Southeast of Beaver Loop Road along Basin View Way, Kim N Ang Court, Cub Court, Ames
Road, and Dolchok Lane from Rural Residential to Rural Residential-1. (Administration)
Resolution No. 2022-52 — Authorizing a Contract Award to Supply Operational Chemicals for
the City's Water Treatment and Wastewater Treatment Facilities. (Administration)
Resolution No. 2022-53 — Authorizing a Service Agreement for the Personal Use Fishery
Dumpsters and Portable Restrooms. (Administration)
4fl.. Resolution No. 2022-54 — Authorizing a Service Contract Extension to Provide Refueling
Services for City Facility Fuel Tanks. (Administration)
Resolution No. 2022-55 — Amending the Facility Management Agreement for Winter Services
Provided by Red Line Sports at the City of Kenai Multi -Purpose Facility. (Administration)
Resolution No. 2022-56 — Approving Amendments to the Standard Lease Form for the Lease
of Airport Reserve Lands Between the City of Kenai and State of Alaska, Department of
Transportation & Public Facilities, Division of Facility Services-10 On Lot 4A, FBO Subdivision
No. 11. (Administration)
Kenai City Council - Regular Meeting Page 1 of 3
July 06, 2022
Page 2
E. MINUTES
1 *Regular Meeting of June 15, 2022. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
*Action/Approval - Bills to be Ratified. (Administration)
*Action/Approval - Purchase Orders Over $15,000. (Administration)
*Action/Approval — Special Use Permit to Kenai Chamber of Commerce and Visitor Center to
use and operate of the Moosemeat John Cabin. (Administration)
*Action/Approval — Restaurant Designation Permit Filed by Griffin Golf LLC, D/B/A Kenai Golf
Course. (City Clerk)
*Ordinance No. 3296-2022 — Accepting and Appropriating Donations to the Kenai Community
Library for the Purchase of Library Materials. (Administration)
*Ordinance No. 3297-2022 — Amending Kenai Municipal Code 7.15.090 - Disposal of Surplus
or Obsolete Materials and Equipment, to Allow for the Police Department to Dispose of Certain
Surplus and Obsolete Materials without Advertisement, Public Opportunity, or Procedures to
Obtain the Highest Price. (Administration)
*Ordinance No. 3298-2022 — Enacting Kenai Municipal Code Chapter 14.30 - Floodplain
Management, within Title 14 - Planning and Zoning, to Regulate Land Use within the Flood Plain
and Authorizing the City to Participate in the National Flood Insurance Program. (Administration)
*Ordinance No. 3299-2022 — Increasing Estimated Revenues and Appropriations in the Airport
Special Revenue and Airport Improvements Capital Project Funds and Authorizing a Non -
Federal Reimbursable Agreement to Provide Project Support for a Medium Intensity Approach
Light System with Runway Alignment Indicator Lights (MALSR) and any Other Impacts from the
Kenai Municipal Airport Runway Rehabilitation Project. (Administration)
Action/Approval — City of Kenai Police Department Appointment to the Kenai Peninsula
Borough's Emergency Services Communication Advisory Board. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1
Council on Aging
2.
Airport Commission
3.
Harbor Commission
4.
Parks and Recreation Commission
Planning and Zoning Commission
5.
Beautification Committee
7.
Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1.
City Manager
2.
City Attorney
3.
City Clerk
Kenai City Council - Regular Meeting Page 2 of 3
July 06, 2022
Page 3
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1..... Purchase Orders Between $2,500 and $15,000
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.
Joliiin Zoom Meeting OR
hitt?, //us02wekb...zooirmi a //5,, 22�7788 Dial In: (253) 215-8782 or (301) 715-8592
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Meeting ID: 849 0577 8809 Passcode: 187298 Meeting ID: 849 0577 8809 Passcode: 187298
Kenai City Council - Regular Meeting Page 3 of 3
July 06, 2022
Page 4
Sponsored by: Administration
A I
Vluu u u
CITY OF KENAI
ORDINANCE NO. 3295-2022
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP BY REZONING CERTAIN PARCELS
SOUTHEAST OF BEAVER LOOP ROAD ALONG BASIN VIEW WAY, KIM N ANG COURT, CUB
COURT, AMES ROAD, AND DOLCHOK LANE FROM RURAL RESIDENTIAL TO RURAL
RESIDENTIAL-1.
WHEREAS, the certain parcels identified in Exhibit A Southeast of Beaver Loop Road, along Basin View
Way, Kim N Ang Court, Cub Court, Ames Road, and Dolchok Lane are currently zoned Rural Residential;
and,
WHEREAS, the City of Kenai received a rezone application changing the zoning to Rural Residential-1
with a petition of the majority of property owners in the affected area in accordance with Kenai Municipal
Code 14.20.270, Amendment procedures; and,
WHEREAS, the RR, and RR-1 zoning districts have the same intent per KMC 14.20.080 Rural Residential
Zones for low density residential development in outlying and rural areas in a form which creates a stable
and attractive residential environment; and,
WHEREAS, the RR-1 Zone is consistent with residential development in the vicinity and will not impact
residential housing or the quality of neighborhoods within the City; and,
WHEREAS, there are two primary differences between the RR and RR-1 zoning districts as identified in
KMC 14.22.010 Land use table; one, there are more Principal Permitted Uses allowed in the RR district,
a total of six, than the RR-1 district, a total of four; and two, there are more opportunities for Conditional
Use Permit applications in the RR district, a total of 55, than the RR-1 district, a total of 20; and,
WHEREAS, the existing conditional use permits for the Guide Service at 909 Ames Road and Fabrication
Facility at 911 Ames Road would be considered nonconforming uses per KMC 14.20.050, unable to
expand, or move the nonconforming use from its existing state on the lot, without a conditional use permit
granted by the Planning and Zoning Commission; and,
WHEREAS, the rezone is consistent with Goal 1 — Quality of Life: Promote and encourage quality of life
in Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan; and,
WHEREAS, the rezone is consistent with the Land Use Plan proposing a Low Density Residential land
use for this neighborhood, from the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan; and,
WHEREAS, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the
properties be rezoned to Rural Resdiential-1 during a public hearing held at their meeting on May 25,
2022.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section of Kenai Municipal Code: That Kenai Municipal Code, Section
14.20.030 Establishment of Zones and Official Zoning Map is hereby amended as follows: Rezoning the
certain parcels identified in the attached Exhibit A Southeast of Beaver Loop Road, and along Basin View
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3295-2022
Page 2 of 2
Page 5
Way, Kim N Ang Court, Cub Court, Ames Road, and Dolchok Lane from Rural Residential to Rural
Residential-1.
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 6T" DAY OF JULY, 2022.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
June 15, 2022
July 6, 2022
August 5, 2022
New Text Underlined; [DELETED TEXT BRACKETED]
Page 6
mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: June 7, 2022
SUBJECT: Ordinance 3295-2022 — Rezone Parcels from Rural Residential to Rural
Residential-1
A completed application was submitted to the City requesting certain parcels Southeast of
Beaver Loop Road, along Basin View Way, Kim N Ang Court, Cub Court, Ames Road, and
Dolchok Lane (see Rezoning Boundary Map and Parcel List), be rezoned from Rural
Residential (RR) to Rural Residential-1 (RR-1). Kenai Municipal Code (KMC) 14.20.270,
Amendment procedures, describes initiation of zoning code and official map amendments.
Zoning code amendments may be initiated by a submission of a petition by a majority of the
property owners in the area for consideration if the area to be rezoned contains a minimum of
one acre unless the amendment enlarges an adjacent district boundary. The application was
submitted by Jerry C. Huf, 765 Ames Rd, Kenai AK, 99611 with a petition of a majority of the
property owners in the area to be rezoned (see attached Exhibit A and Parcel List). The
requested rezone meets the criteria for an amendment.
The intended reason for the rezoning provided in the application is the following:
1. Protect the rural, open quality of the residential neighborhood.
2. Preserve the residential character of a low density neighborhood environment.
3. Maintain the value of property, both monetary and non -monetary (quality of life for residents,
use and enjoyment of their property).
4. Consistent with the City Comprehensive plan, specifically protect the livability of the existing
neighborhood.
Analysis
The subject area proposed to be rezoned consists of parcels on Dolchok Lane, Cub Court, Kim
N Ang Court, Basin View Way, Ames Road south of Beaver Loop Road, and parcels on the
south side of Beaver Loop Road from Ames Road to Dolchok Lane (see attached Exhibit A and
Page 7
Parcel List). All parcels inside and bordering the area proposed for rezoning are zoned Rural
Residential (RR).
The RR, and RR-1 zoning districts have the same intent per KMC 14.20.080 Rural Residential
Zones (RR, RR-1 Zones):
(a) Intent. The RR Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive residential environment.
The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Per KMC 14.24.010 Minimum lot area requirements are different, in that RR-1 does not allow for
five or more dwelling units, and with a conditional use permit, the RR-1 requirements for
minimum lot size is 22,400 sf. 2,400 sf more than in the RR district. Development requirements
for RR and RR-1 are identical per KMC 14.24.020 General Requirements.
There are two primary differences between the RR and RR-1 zoning districts as identified in
KMC 14.22.010 Land use table:
There are more Principal Permitted Uses allowed in the RR district, a total of six, than
the RR-1 district, a total of four.
2. There are more opportunities for Conditional Use Permit applications in the RR district, a
total of 55, than the RR-1 district, a total of 20.
Existing Conditional Use Permits Analysis
There are two existing conditional use permit properties in the area proposed for rezoning, a
B&B/Guide Service at 909 Ames Road, and Welding & Metal Framing Business at 911 Ames
Road. A B&B is a conditional use in the RR-1 district, and therefore, would be a conforming use
if the parcel is rezoned. If the rezoning application is approved from RR to RR-1, existing
conditional use permits for the Guide Service at 909 Ames Road and Fabrication Facility at 911
Ames Road would be considered nonconforming uses per KMC 14.20.050 Nonconforming lots,
structures, and uses since those uses are not permitted in RR-1.
Nonconforming uses would be unable to expand, or move the nonconforming use from its
existing state on the lot, without a conditional use permit granted by the Planning and Zoning
Commission. The existing conditional use permits would still be transferable to a new property
owner per KMC 14.20.150(I)(5).
Page 2 of 3
Page 8
Comprehensive Plan Analysis
The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Low Density Residential
land use for this neighborhood. The Low Density Residential Land Use Classification is defined
in the Comprehensive Plan:
"Low Density Residential because of location or poor site conditions is intended for large -lot
single-family low -density residential development. The area will typically be developed with
individual on -site water supply and wastewater disposal systems. Streets will typically be
constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in
the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category"
The parcels proposed for rezoning have a similar land use, lot size and orientation, individual on -
site water supply and wastewater disposal systems, with low density, and no sidewalks.
The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan supports this rezoning in:
• Goal 1 — Quality of Life: Promote and encourage quality of life in Kenai.
o Q-4: Promote the siting and design of land uses that are in harmony and scale with
surrounding uses. A rezoning to RR-1 would align with the current low density
residential character of the neighborhood.
The Kenai Planning and Zoning Commission considered this request during their meeting on May
25, 2022 and unanimously recommended City Council approve of the rezone request from the
Rural Residential Zone to the Rural Residential-1 Zone. Thank you for your consideration.
Attachments:
Exhibit A and Parcel List
Rezoning Application
Planning and Zoning Commission Resolution PZ2022-12
Comments received after May 25, 2022 Planning and Zoning Public Hearing
Page 3 of 3
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Pity of Kenai
RECEIVE Qotsnninga�d Zoning DepartmentRezoning C�� I Y OF KENAI 210 Fridalgo Avenue
Kehai, AK 99611
Applic tion D AT L4 12"I'v 7) 283-8200
WE Ing @kenai.city
PL.AI,4\411"NIG D...I
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Jerry C. Huf
Mailing Address: 765 Ames Road --I City: Kenai State: AK Zip Code-
Phone 394 994
. . . . ........... . .
Email: rustyhuf@yahoo.com
Kenai Peninsula Borough
Physical 10 Dolchok Kenai
Legal Description:
T 5N R I 1W SEC 1 Seward Meridan: KN 0830173 Basin View Sub Part 3 Lot 3 Block 5
Page 13
1 . Protect the rural, open quality of the residential neighborhood.
2. Preserve the residential character of a low density neighborhood environment.
3. Mainta-45 thavalya,-xf Xrx,Xeil •,l mtn6tar; arif life fir rasi,&Mg, Wsa ai5it 6riftymeriti'Mair
property).
4. Consistent with the City Comprehensive plan, specifically protect the livability of the eyisting neighborhood.
, a , a . 0 . . A . 0 . - A I a A 0 a 41111418II01111114PIlk
rhis proposed amendment to the zoning ordinance is not substantially the same as any other
-inapproved proposed amendment submitted within the previous 9 months.
........... ......
Jj
;_MxTI I= 11I
-equired ($265 total after tax), and that this application will be reviewed following Kenai City
Code 14.20.270, available at kenai.municipal.codes/KMC/14.20.270.
AL#
0 Kenai City Council
El Kenai Planning & Zoning Commission
Petition of majority of the property owners in the area to be rezoned
MIX -All
by the Home Rule Charter of the City of Kenai
Q�
Id U11r; re a 01 F. r, 714
For City Use Only
PZ Resolution Number.-
/ Name of Property
Signature:------,4���
Daytime Phone:
Mailing Address:_....
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO.2022-12
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE
REZONE REQUEST AS DEPICTED ON THE REZONING BOUNDARY MAP AND
ADDRESS LIST FROM RURAL RESIDENTIAL TO RURAL RESIDENTIAL-1
WHEREAS, the City of Kenai received a rezone application from the majority property owners in
accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and,
WHEREAS, the area proposed to be rezoned contains a minimum of 1 acre (excluding street or
alley rights -of -way); and,
WHEREAS, the proposed amendment to the zoning ordinance is not substantially the same as
any other unapproved proposed amendment submitted within the previous 9 months; and,
WHEREAS, a map has been included of the proposed rezone area and applicable signatures;
and,
WHEREAS, The RR-1 Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive residential environment;
and,
WHEREAS, access to the area to be rezoned is provided via Beaver Loop Road, Dolchok Lane,
Cub Court, Kim N Ang Court, Basin View Way, and Ames Road; and,
WHEREAS, the Conditional Use Permit for a B&B at 909 Ames Road is a conditional use in the
RR-1 zoning district; and,
WHEREAS, the Conditional Use Permit for a Guide Service at 909 Ames Road and a Welding
Fabrication Facility at 911 Ames Road are not permitted in the RR-1 zoning district and would be
considered a nonconforming use in the RR-1 zoning district; and,
WHEREAS, the rezone is consistent with Goal 1 — Quality of Life: Promote and encourage quality
of life in Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council approve of the rezone request of the attached rezoning
boundary and address list from Rural Residential (RR) to Rural Residential-1 (RR-
1).
Page 26
Resolution No. PZ2022-12
Page 2 of 2
Section 2. That a copy of Resolution PZ2022-12 be forwarded to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 25th day of May, 2022.
. . .. .. . . . . .
J EF F TW 1TCr,, CHAIRPERSON
ATTEST:
------------- v . ...... .
MEGHAN THI A, -00 EAU, DEPUTY CITY CLERK
�
Padgett
855 Ames Road
Kenai, Alaska 99611
Kenai City Council
210 Fidalgo Avenue
Kenai, AK 99611
RE: Support for Resolution No. 2022-12 A
Dear Sirs:
We would like to voice our support for the Resolution No. 2022-12 A, recommending
the approval of rezoning our property from Rural Residential to Rural Residential 1.
We did not sign the original petition in an effort to maintain a neutral position
regarding the rezoning. After attending last night's Planning & Zoning meeting, we
would like to take a position supporting the rezoning. Please include this letter
with the pack to be presented to the Kenai City Council.
The descriptions of our three properties are shown below:
Parcel 04949025 Private Vacant 835 AMES RD 1.5 T 5N R 11 W SEC 1 SEWARD
MERIDIAN KN 2003021 TIDE VIEW HEIGHTS PADGETT REPLAT LOT
12A-2
Parcel 04904098 Private Residential 855 AMES RD 5.91 T 5N R 11 W SEC 1 & 2
SEWARD MERIDIAN KN 0930085 TIDE VIEW HEIGHTS SUB LOT 13A
Parcel 04949057 Private Vacant 2.52 T 05N R 11 W SEC 2 SEWARD MERIDIAN
KN 2019067 THE LAKE AT KENAI 2016 ADDN PHASE 1 LOT 10
Please contact me at 907/350-2103 if you have questions or concerns.
Sincerely,
Mack Padgett
/`7
Carol Padgett
305QKim NArgOL,
Kenai, Alaska 98611
(907)398-3I17
May 3[\ZO22
The City of Kenai Alaska City Mayor and City Council
Subject: Rezoning Application PZ2022-12 Review
Honorable Mayor and Members: We the owners of Lot 23 Block 4 of Basin View Subdivision
request that you review our attached list of disagreements prior to the approval of the proposed
Rezoning change to our subdivision. We not only find the petition unwarranted but the true
facts of which stems to the root of the problem has not been addressed. We would request you visit our
subdivision, Basin View, prior to your meeting for approval on this Resolution and we will challenge you
to show justification why these new rezoning restrictions are necessary.
After reviewing our subdivision take a trip down Beaver Loop Road and review the affected properties
there, after that take a trip down Ames Road and hopefully you will see why after 40 years living in
Basin View we disagree with the rezoning. If anyone needs the rezoning Ames Road does, so do not
change our subdivision just to pacify the desires of seven residences who are the
instigators ofthis smoke screen.
Sincerely,
Charles Eubank
305OKim NArg[t,
Kenai, Alaska 99611
(907)398-31I7
May 3O,2U22
Kenai City Council
Subject: Planning and Zoning Commission Resolution PZ2022-12
Dear City Council Members:
We are residents and the owners of Lot 23, Block 4 Basin View Subdivision. We have lived in this
subdivision 39 years making us the oldest residents. Fortunately, being retired we are able to seek
warmer climates in the winter for old bones, but unfortunately being away, we are handicapped when it
comes to changes to our neighborhood even though we still receive our mail at our residence 3050 Kim
N Ang Ct., Kenai, Alaska along with we have provided contact information to our homeowner's
association sovvecould benotified ofchanges that impact our property. The monetary value ofour
could significantly change because of this proposed Zoning Resolution and we expect it to decrease in
value. |nthis case vve had adisagreeable discussion with the elected President nfour Homeowner's
Association referencing this very subject, he knew our position on why this proposed rezoning was not
our desire yet he conveniently failed to notify us of his attempt to change the zoning and as you can see
the date of the proposal, conveniently to him which we were out of the area.
History of conflicts within Basin View Subdivision
|nour first 37 years we had the Superintendent of public schools tried to operate a sled dog
team out ofhis residence, his effort was stopped by the City ofKenai Animal [nntnn| Division
and by using our subdivisions, no sled dog provision to our covenants that was enforced by the
Circuit Court. An additional animal control problem was highlighted when my Labrador Retriever
was accused of eating a neighbor's bird seed ' oh well I guess even a dog can have a weak
moment, but | had tnpay toget her out ofdog jail.
Year 2021, our Subdivision's owners were united and successful in rejecting a fishing guide
operation and Bed and Breakfast on a lot within the subdivision. The action was possible due to
subdivision covenant, and it protected our subdivision's single family dwelling clause along with
the no commercial business restriction.
Year 2O2Zthe most unnecessary proposal that wehave seen inour 39years. |twill have a
negative effect on our self -governed way of life that we have enjoyed since we purchased our
property. The contract as written when we purchased our property contained covenants we
desired and has worked well when used in conjunction with state, borough and city permits and
restrictions. These controlling factors have always protected our subdivision with the exact
reason for rezoning given on the PZ2022-12 Rezoning Application, so why change zoning?
Now we have a group of property owners from another adjoining subdivision of which have no
protection of an existing Covenants and no Homeowners Association that protect their property
come into our subdivision go door to door and spread unproven rumors of what they say is
illegal activities that have been happening at a guide service and that the City of Kenai and the
Police Department (will not take any action) to remove the guide service conditional use permit.
We summarize that they are of a belief that complete rezoning of our subdivision, and the other
adjoining selected |ots/subdivisionsvvi|| cure this great threat ofa Guide business invasion into
all adjoining subdivisions. This only sends a message to us that they believe the more
restrictions that are placed on individuals orcommunities will fix everything. VVe have only
found in our 76 years of life the less government intervention and unnecessary regulations fits a
more harmonious way Vflife and everyone seems tnget along better.
It seems that when individuals or groups of individuals are proven to be habitual complainers at
City Hall and are only attempting to cause unwarranted disruption in other residents' way of life
just to satisfy their desires, these folks need to be informed that this pattern cannot continue
and will not be tolerated. Also, all petitions they submit should be closely scrutinized and validity
of their complaint or action be proven. This is the City of Kenai's responsibility. Please dosome
reinvestigating before allowing a requested action to go forward and waste's the City's time and
money.
What effect will rezoning have on us personally as property owners, and others and what has
mandated this request for rezoning.
1] It will limit conditional use permit categories of which could have a negative effect
on the City's Comprehensive Plan by reducing the taxable income from businesses
tothe city.
3] Working from home since COVID and beyond must have its license requirements,
since it is a business and generates income and is reportable to the IRS. It falls into
the land use code of Personal Services we guess of which is not available under the
RR1 code. This alone is one more unnecessary element that rezoning causes and do
not try to push it aside because it is a required subdivision item, which is a business
and is to be treated as such so what conditional use code fits this situation?
3j Our property value along Beaver Creek which has Kenai River access frontage of
which in this case, is all that matters. It will suffer or be reduced by limiting the sale
of our property to selected groups and will eliminate any possibility of a guide
service getting a Conditional Use Permit, even though there are numerous permits
with a quarter mile of our property. This is not allowing us to have equal treatment
asthose who have Conditional Use Permits that are located onadjacent
subdivisions i.e.: Jack Webb Subdivision and Angler Drive, ofwhich Jack Webb is
part of the rezoning and is directly downstream of our property and will enjoy their
Conditional Use Permits being grandfathered and transferrable. As you can see, we
are going to be penalized and all properties in each area should be treated equally
as far as use restrictions. One statement | will add is the individual who initiated the
rezoning application stated to me that his desire was to stop boat traffic on the
upper portion ofBeaver Creek which hewants tobeariver cop and believes
rezoning will result in less boat traffic due to eliminating Conditional Use Permits.
4.) If rezoning is approved, then we can foresee an increase in our property tax since
we will be living in a more highly regulated area and will be receiving nothing extra
asfar as services from the City or Borough. This to me is not the answer that more
restrictions may bring.
5l For the residence of the Jack Webb subdivision these individuals should get some
skin in the game before trying to change zoning and portray basthe cure all for
their problem and ours in Basin View Subdivision. We the reside nta/ovvnersofBasin
View are being used as a tool by the residents of Jack Webb to sell this rezoning as a
cure-all to their subdivisions problems and not the weak reason of protecting the
residential character of the neighborhoods. The residential character of our Basin
View Subdivision has experienced no change in4Oyears except the spruce beetles
have killed thousands of trees, so why not concentrate our efforts on items that
come up that require attention and stay out of the infighting in other subdivisions?
We do not need rezoning; the instigators of this rezoning plan do.
6j The code only places additional restrictions on property owners and will not cure
the existing cause of the problem, simple solution, the City needs to enforce the
restrictions they have on conditional use permits, since a guide business bordering
on Ames Road has been accused of operating an illegal business and residence at
the end ofAmes Road have had nuhelp from the City addressing the problem they
have. Get tothe heart ofthe problem and address the concerns and leave others
out of it. Stop using the shotgun approach by shooting at everyone and hope you hit
the right solution that will cure all.
Why not rezone?
Ij This isaclear case ofSPOT ZONING why isthis the case. The City Planning and
Zoning Department has taken an entire area, which includes we believe, five
different subdivisions and portrayed itasone, Basin View Subdivision, we believe
this is an attempt to cover up Spot Zoning (see attached definition of Spot Zoning)
and only show one subdivision with which they are dealing with, we believe Basin
View is the only one protected by covenants?
2] Review the Rezoning Application. Mr. Hufthe Petitioner listed his address as7B5
Ames Road of which is not part of Basin View Subdivision and his property as Basin
View of which he has indicated he owns. One problem is he dated his application 20
years ago of which is no big deal all of us live somewhere in the past, but what is
important all property owners listed onthe Rezone Application -Basin View
Subdivision do not live in Basin View, is this a smoke screen to cover up Spot Zoning,
and 10add tothat, why are more than one name listed for same properties. All the
property owners inBasin View were not notified ofthese proposed changes since
they were out of state, but the President and Secretary of the Basin View had there
mailing address and phone number, and noattempt was made tocontact them.
91
3] The Conditional Use Permits are auseful tool and should beused and their
conditions policed, not eliminated, some residents have indicated they desire
elimination to take place, which is not a smart request.
4] |nthis case vveknow that the residents ofJack Webb Subdivision and the individual
residents whose property abuts Fosters Fish Camp/Guide Service, have complained
to the City of accused illegal activities for years and we believe that their frustration
with noaction from the City has led tothis uncalled for, Rezoning.
5.) What is the City's comprehensive zoning plan for the area, and if there is none why
not?
6.) All properties are not equal as far osaccessibility to special activities, river access,
fishing and the convenience of having dock facilities adjacent to your property. I
personally have knowledge there are numerous docks on Beaver Creek that are not
in compliance with their owners Kenai River Dock Permits, do we want to open this
can of worms, also how about the other businesses that are operating that do not
have Conditional Use Permits?
7j You have residence within Basin View Subdivision taking photos of people awaiting
a Guide business to take them fishing, do we really know the whole story. We have
personal family friends that visit each year from other countries that park their
rented recreational vehicle at our residence and have full use of our docking facility,
Must welook forward totheir being harassed and usbeing accused ofillegal
activities, well to be honest with you if that happens, they are opening a hornet's
nest.
Our recommendations and we hope you are open to considering them.
1j Do not approve new rezoning restrictions to cover up the Cities lack of enforcement
of the more than adequate, permits that are available and serve as restrictions
when used along with subdivision covenants, City ordinances and State law.
Z.\ Look at the entire area at the different zoning that will be in place and ask if each
property isbeing treated equally, that answer will beNO, sowerequest this
rezoning not be approved.
I) Last thought, stop using the shot gun approach byshooting inthe breeze and
hoping you hit the intended target, just concentrate your efforts on the specific
offenders by enforcing the existing regulations so please do not make more
restrictions we have enough.
Our final statement is that we would like to thank the City of Kenai for their support of the
Community for our 40 years of residency, so please review this action and you will hopefully see
how this is just a smoke screen to cover up the real problem am dot by no means fits the
categories listed in the intended Use and/or reason for Rezoning indicated on the Rezoning
Application dated 4/27/2OO2.
Charles E. Eubank
ffl
"Spot zoning" is though, of as zonft not in accordance
comprehensive pfan, but for mere private gain to favors or benefit
particular individual or group of kid[ividuals and not the welfare
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2022-52
A RESOLUTION AUTHORIZING A CONTRACT AWARD TO SUPPLY OPERATIONAL CHEMICALS
FOR THE CITY'S WATER TREATMENT AND WASTEWATER TREATMENT FACILITIES.
WHEREAS, the City of Kenai annually contracts for the purchase of various chemicals in support of the
water treatment and wastewater treatment plants; and,
WHEREAS, an Invitation to Bid for these chemicals was released on June 2, 2022 with Bids due on June
23, 2022; and,
WHEREAS, the following bids were received
Vendor
Water Treatment Plant
Wastewater Treatment
Total Bid
Plant
Cascade Columbia
$55,268.40
$77,032.50
$132,300.90
Univar Solutions
$67,161.60
$83,225.00
$150,386.60
; and,
WHEREAS, Cascade Columbia Distribution Inc. was found to be the lowest responsive responsible
bidder with a total combined bid in the amount of $132,300.90; and,
WHEREAS, due to significant recent escalation in chemical prices, this bid is higher than anticipated,
being $28,391 more than was budgeted; and,
WHEREAS, this contract award will allow both plants to continue to operationally meet the City's
regulated permit requirements, and this award is in the best interest of the City; and,
WHEREAS, there are sufficient funds to award this contract, however, administration will bring an
ordinance forward over the next several months to appropriate additional funds necessary to increase
the funds available in the Operating and Repair Supplies Account in the Water and Seward Fund to allow
necessary purchases from that account for the remainder of FY23.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council authorizes a contract award and corresponding purchase
order to Cascade Columbia Distribution Inc. in the amount of $132,300.90 to provide operational
chemicals for the water treatment and wastewater treatment plants.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF JULY, 2022.
Brian Gabriel Sr., Mayor
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. 2022-52
Page 2 of 2
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: June 28, 2022
SUBJECT: Resolution 2022-52 — Chemicals for FY2023
The purpose of this memo is to request Council's approval for a contract award to supply and
deliver operational chemicals for the City's Water Treatment and Wastewater Treatment Facilities.
These chemicals allow the Water & Sewer Department to safely treat the City's drinking water
and to sanitize the effluent leaving the wastewater plant into Cook Inlet waters.
Chemicals that continue to be purchased through this annual agreement include sodium
hypochlorite as a sanitizing agent, sodium bisulfite to remove chlorination prior to discharging
effluent into Cook Inlet waters, lime to adjust ph in the digester, and polymer for dewatering of
wastewater sludge
A formal Invitation to Bid was released on June 2nd with Bids due on June 23,d with Cascade
Columbia Distribution Inc. found to be the lowest responsive responsible bidder at a total bid cost
of $132,300.90. The bids have come in higher than anticipated. For Council's information, last
year's contract totaled $82,257.00 to Univar Solutions with $47,937 for the water plant and
$34,320.00 for the wastewater plant respectively. The same materials and quantities are being
ordered as last year.
When developing the FY23 budget an approximately 25% increase was included in anticipation
of cost increases, bringing our budgeted number to about $103,000 for this purchase. The
additional $30,000 is a result of the supply chain and increased freight costs due to fuel prices.
Council's approval is respectfully requested.
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2022-53
A RESOLUTION AUTHORIZING A SERVICE AGREEMENT FOR THE PERSONAL USE FISHERY
DUMPSTERS AND PORTABLE RESTROOMS.
WHEREAS, the City in support of the Personal Use Fishery annually seeks services for dumpsters and
portable restrooms; and,
WHEREAS, an Invitation to Bid for these services was released on June 71h, 2022 with bids due on June
23, 2022; and,
WHEREAS, one bid was received, as detailed below:
Contractor
Schedule A
Schedule B
Schedule C
Schedule D
Peninsula Pumping, Inc.
$29,362.00
$27,400.00
$5,500.00
$13,500.00
; and,
WHEREAS, Schedule A is for all road accessible restrooms, Schedule B is for all non -road accessible
restrooms, Schedule C is for all road accessible dumpsters and Schedule D is for all non -road accessible
dumpsters; and,
WHEREAS, Peninsula Pumping was found to be the lowest responsive responsible bidder with a total
combined bid in the amount of $75,762.00; and,
WHEREAS, award of this service agreement will provide clean and safe access to these services, and
the award is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council authorizes the award of a Service Agreement to Peninsula
Pumping in the amount of $75,762 to provide dumpsters and portable restrooms in support of the
Personal Use Fishery from July 101h — July 31st. In the event the State of Alaska alters the timeline, it is
the intent of this authorization to coincide with the State's timeline.
Section 2. That the Kenai City Council authorizes the City Manager to issue a Purchase Order to
Peninsula Pumping in the amount of $75,762.
Section 3. That this Resolution takes effect immediately upon adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF JULY, 2022.
Brian Gabriel Sr., Mayor
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. 2022-53
Page 2 of 2
Approved by Finance:
New Text Underlined; [DELETED TEXT BRACKETED]
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City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: June 28, 2022
SUBJECT: Resolution 2022-53
The purpose of this memo is to request Council's approval to award a service agreement to
Peninsula Pumping to supply and service dumpsters and portable restrooms for the Personal Use
Fishery from July 101h-31st. These are recurring services the City provides annually in support of
the fishery.
Council should be aware the Administration continues to strive to reduce these costs where and
when possible. We have tightened our scopes of work locating facilities where appropriate but
still accessible for fishery participants, and continue to improve services with the addition of hand
wash stations last year and again this year. Historically our service contract costs are down. In
2017 these services cost $101,703.14, in 2018 $101,743.14, in 2019 $87,919.90, in 2020
$73,643.13, in 2021 $77,500.00, and this year $75,762.00.
This year the bidding combined Bid Schedules A & C and B & D, meaning all off -road dumpsters
and restrooms required a combined bid, and all on road dumpsters and restrooms required a
combined bid. As a result, a slight savings over last year was achieved which is appreciated in
this inflationary environment.
Council's support of this resolution will allow the City to continue to provide safe and clean
services for those participating in the fishery.
Council's support is respectfully requested.
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2022-54
A RESOLUTION AUTHORIZING A SERVICE CONTRACT EXTENSION TO PROVIDE REFUELING
SERVICES FOR CITY FACILITY FUEL TANKS.
WHEREAS, Crowley Fuels LLC was awarded a service contract on August 3, 2018 through approval of
Resolution 2018-37 to furnish and deliver fuel to various City facilities for generators as well as
operational fuel at the airport; and,
WHEREAS, that agreement runs through June 30, 2022 and may be extended by mutual agreement for
one additional single year contract extension; and,
WHEREAS, the City has been satisfied with the services being provided to date and on June 21, 2022
Crowley Fuels LLC agreed to hold their pricing for the next year to the same Oil Price Information Service
(OPIS) market average percentage savings originally agreed to; and,
WHEREAS, that savings equates to the City paying approximately 97% of the market average cost for
fuel; and,
WHEREAS, award of this service contract extension will allow our facilities and operations to continue to
provide expected services, and the award is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Council authorizes the award of a Service Contract Extension to Crowley
Fuels LLC through June 30, 2023 valued at the total approximate amount of $84,500.
Section 2. That the City Council authorizes the City Manager to issue the following purchase orders
to Crowley Fuels LLC: Water Plant Generator $500, Waste Water Plant Generator $1,000, Public Safety
Generator $500, Airport Terminal Generator $2,500, and Airport Operations Fuel for equipment $80,000.
Section 3. That this Resolution takes effect immediately upon adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF JULY, 2022.
Brian Gabriel Sr., Mayor
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
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City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: June 28, 2022
SUBJECT: Resolution 2022-54
The purpose of this memo is to request Council's authorization to execute a service contract
extension to Crowley Fuels LLC. Crowley Fuels has been operating under a three year contract
with optional two one year extensions available, to provide fuel delivering services to various city
facilities. This contract extension being requested is for year five of this agreement.
This service provides operational fuel for the City backup generators as well as the Airport
Operations Facility which fuels various apparatus equipment in support of Airfield Maintenance
Operations.
The original agreement was contracted in a way that anticipated fluctuations in the market price
of fuel through utilization of the Oil Price Information Service otherwise known as (OPIS). OPIS
provides regional cost averages for fuel and this agreement provides for a City purchase price of
97% of the OPIS price. As example if diesel fuel was OPIS priced at $2.50/gal our city cost would
be $2.425/gal if $4.00/gal our city cost would be $3.88/gal.
This contract, valued in the approximate amount of $84K and intended to run through June 30,
2023, provides a good value to the operations of the City.
Council's support is respectfully requested.
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2022-55
A RESOLUTION AMENDING THE FACILITY MANAGEMENT AGREEMENT FOR WINTER SERVICES
PROVIDED BY RED LINE SPORTS AT THE CITY OF KENAI MULTI -PURPOSE FACILITY.
WHEREAS, the current Kenai Multi -Purpose facility's winter ice contract with Redline Sports runs from
November 5, 2020 through March 23, 2023; and,
WHEREAS, under the agreement, no services may be provided by the contractor between the months
of April and September; and,
WHEREAS, in previous years when summer ice is provided for the months of April through September,
a separate contract was authorized; and,
WHEREAS, due to the maintenance at the Kenai Multi -Purpose Facility in the Summer of 2022, no
summer ice was provided; and,
WHEREAS, it is to the best interest of the City to amend the current winter ice contract to allow the
contractor to perform services beginning July 23, 2022 and ending March 23, 2023 to provide ice time
for local users of the facility and increase the contract amount from $45,000 to the mutually agreed upon
amount of $55,000; and,
WHEREAS, both the City of Kenai and Redline Sports have agreed to the amendment and the
amendment is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council hereby authorizes the City Manager to execute an amendment
to the City of Kenai Multi -Purpose Facility Winter Agreement with Redline Sports by amending the dates
for which services may be performed to July 23, 2022 and March 23, 2023 and increasing the contract
amount from $45,000 to $55,000.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF JULY, 2022.
Brian Gabriel Sr., Mayor
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
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City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Brad Walker, Parks and Recreation Director
DATE: June 29, 2022
SUBJECT: Resolution 2022-55 Amending the Facility Management Agreement for
Winter Services Provided by Red Line Sports at the City of Kenai
Multi -Purpose Facility
Administration requests the approval from Council to authorize an amendment to the City of Kenai
Multi -Purpose Winter Facility Agreement with Redline Sports. This amendment would change the
start date of the Winter agreement from October 1, 2022 to July 23, 2022 and the contract amount
from $45,000 to $55,000.
Due to maintenance work at both the Soldotna Sports Center and the Kenai Multi -Purpose Facility
over the Summer of 2022, both facilities were closed to the public. This has impacted local
sporting programs as well as community members who use the facilities. The additional time to
be added to the current agreement would allow users back into the facility prior to winter to
provided needed ice for local youth competitive hockey programs. To offset the additional cost of
this amendment to the City, ice rink users have committed to a minimum number of hours of
facility rental.
Except as expressly modified or stated herein, all other terms and conditions of the agreement
remain in full force and effect.
Thank you for your consideration.
Attachment: First Amendment to Agreement for Facility Management Services
FIRST AMENDMENT TO THE CITY OF KENAI FACILITY
MANAGEMENT AGREEMENT FOR SERVICES
PROVIDED BY REDLINE SPORTS AT THE CITY OF KENAI
MULTIPURPOSE FACILITY
The City of Kenai (Owner), an Alaska Home Rule Municipal Corporation, whose
address is 210 Fidalgo Avenue, Kenai, AK 99611-7794, and Redline Sports
(Contractor), hereby amend the Agreement for Services for the City of Kenai Multi -
Purpose Facility (Agreement), located at 9775 Kenai Spur Highway, Kenai, Alaska
made July 3, 2022 as follows:
1. Section 1 to read as follows: Term. The initial term of this Agreement begins
on approximately November 5, 2020, and ends on March 23, 2023. This
Agreement may be extended for two (2) successive one-year terms by mutual
written consent of Owner and Contractor. The season for winter ice for 2022
will be July 23, 2022 through March 23, 2023.
2. Section 5 to read as follows: Payment. Owner shall compensate Contract for
all services rendered at the rate of $41.62 per hour for 2020/2021; and $45.00
per hour for 2021/2022; and $50 per hour for 2022/2023. The total cost of all
services performed during 2022/2023 shall not exceed $55,000. Contractor
shall immediately inform owner if scheduled ice reservations will result in
services to be performed that would require payment in excess of $55,000 and
contractor shall not perform those services until and unless directed by Owner.
3. Except as expressly modified or stated herein, all other terms and conditions
of the Agreement remain in full force and effect.
First Amendment to Agreement for Facility Management Services Page 1 of 3
Dated:
Dated:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT)
CITY OF KENAI
0
Paul Ostrander, City Manager
REDLINE Sports
Rz
Vince Redford, Owner
THIS IS TO CERTIFY that on this day of , 2022, the
foregoing instrument was acknowledged before me by PAUL OSTRANDER, City
Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf
of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The forgoing instrument was acknowledged before me this day of ,
2022, by Vince Redford, Owner of Redline Sports.
Notary Public for Alaska
My Commission Expires:
First Amendment to Agreement for Facility Management Services Page 2 of 3
Approved as to form:
Scott M. Bloom, City Attorney
Funds verified by Finance:
Terry Eubank, Finance Director
First Amendment to Agreement for Facility Management Services Page 3 of 3
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2022-56
A RESOLUTION APPROVING AMENDMENTS TO THE STANDARD LEASE FORM FOR THE LEASE
OF AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND STATE OF ALASKA,
DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES, DIVISION OF FACILITY SERVICES-
10 ON LOT 4A, FBO SUBDIVISION NO. 11.
WHEREAS, on March 2, 2022 the Council, through Resolution 2022-10, approved a lease of Airport
reserve lands between the City and Division of Forestry using the City's Standard Lease Form; and,
WHEREAS, the lease was signed by the City and a State of Alaska Procurement Specialist and recorded
on April 27, 2022; and,
WHEREAS, the City has recently been notified by the State, that the Division of Forestry did not have
authority to enter into the lease with the City, and that the State will not sign the City's Standard Lease
Form; and,
WHEREAS, it is in the best interest of the City and State to approve certain revisions to the Standard
Lease Form and execute a revised lease that does not require the State to indemnify the City, recognizes
that the State is self -insured, that its future financial commitments are subject to appropriation and only
requires arbitration after mediation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That a revised lease of Airport Lands is approved and the City Manager is authorized to
execute the Attached Lease between the City of Kenai, Lessor, and State of Alaska, Department of
Transportation & Public Facilities, Division of Facilities Services-10, Lessee.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF JULY, 2022.
Brian Gabriel Sr., Mayor
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: June 28, 2022
SUBJECT: Resolution 2022-56 — Approving Amendments to the Standard Lease
Form
On March 2, 2022 the Council, through Resolution 2022-10, approved a lease of Airport reserve
lands between the City and Division of Forestry using the City's Standard Lease Form. The leased
land is used by the State as an airtanker reload base for wild land fire protection and suppression.
After the City and Division of Forestry executed and recorded the lease, the City was contacted
by the State and informed that the State's position is that the person who signed the lease on
behalf of the State did not have authority to sign and that there are provisions in the City's
Standard Lease Form that the State cannot agree to. In recognition of the public benefit this lease
provides to City Residents and others, I recommend that it is in the City's best interest to go
through the exercise of approving an amended lease form. In the meantime, until a new lease is
approved, I expect the State to utilize the Airport property for the intended lease purpose in light
of the existing recorded lease.
Outlined below are the changes requested by the State. In light of the public benefit of the lease,
the nature of the use, duration of the lease, recognition of the existing fire season we are in and
the generally strong financial position of the State, I recommend acceptance of these requested
changes in this case.
1. Change of contracting agency from Division of Forestry to Department of Transportation.
2. Removal of indemnification language. The State has taken position that it cannot
indemnify other parties. This is the most controversial change to accept, and not
necessarily a position I would recommend accepting on other transactions, however for
the reasons stated above I recommend acceptance in this particular lease.
3. Recognition that State is self -insured and has provided the City a letter of self-insurance.
4. Recognition that the State's future payments are subject to future approval of
appropriation of funds.
5. Agreement that in case of condemnation, City and State will try and mediate any dispute
prior to submitting to binding arbitration.
Your consideration is appreciated.
KENAI MUNICIPAL AIRPORT
LEASE OF AIRPORT RESERVE LANDS
THIS LEASE AGREEMENT entered into this 1st day of July, 2022, by and between the
CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, and STATE OF ALASKA
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..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................N.
IC:�IIVIISOIN Ql: l: ACIIIL....II n 1lI[:::::S SI[:: l:RVIICI[:::::S 10 whose address is 550 W. 7th Avenue Sulfite 200
Anchorage, Alaska 99501, ("Lessee").
DEFINITIONS
For the purposes of this Lease the following terms are defined in KMC 21.10.020 (effective as of
the date of execution of the lease) as follows:
Airport — the Kenai Municipal Airport, including all the runways, taxiways, aprons, water
lanes, water taxiways, and all City -owned real estate located within the boundaries of the
Airport Reserve as defined in KMC Chapter 21.05, Airport Administration and Operation.
2. Airport Manager — the official to whom the City Manager of the City has delegated the
authority and responsibility of managing and directing the activities of the Airport. "Airport
Manager" includes that person's authorized representative.
3. City — the City of Kenai, its elected officials, officers, employees or agents.
4. City Manager —the official to whom the Kenai City Council has delegated the responsibility
of managing and directing all activities of the City.
5. Contamination — the unpermitted presence of any released Hazardous Substance.
6. Environmental Law — any applicable federal, state, or local statute, law, regulation,
ordinance, code, permit, order, decision, judgment of any governmental entity relating to
environmental matters, including littering and dumping.
7. FAA — the abbreviation for the Federal Aviation Administration.
8. Hazardous Substance — any substance that is defined under an Environmental Law as
hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant,
contaminant, petroleum, petroleum product, or oil.
9. KMC — the abbreviation for the Kenai Municipal Code.
10. Permanent Improvement — a fixed addition or change to land that is not temporary or
portable, including a building, building addition, gravel fill, pavement, retaining wall,
storage tank, well, and remediation of contamination for what the lessee is not responsible
LEASE OF AIRPORT RESERVE LANDS Page 1 of 29
ARTICLE I
PREMISES LEASED
A. PREMISES: In consideration of Lessee's payment of the rents and performance of all the
covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the City, the
following described property ("Premises") in the Kenai Recording District, Third Judicial District,
State of Alaska and located on the Airport; to wit:
Lot 4A, FBO Subdivision No.11, according to the
official plat thereof, filed under Plat No. 2021-44,
Records of the Kenai Recording District, Third
Judicial District, State of Alaska.
B. NO WARRANTY: Except as may be provided in this Lease, the City makes no specific
warranties, expressed or implied, concerning the condition of the Premises including, survey,
soils, wetlands, access, and suitability or profitability for any use including those authorized by
this Lease, its environmental condition, or the presence or absence of Hazardous Substances in,
on, and under the surface. The Lessee takes the Premises on an "as is" basis and without
warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title to
the Premises.
ARTICLE II
RIGHTS AND USES
A. AUTHORIZED USES:
USE OF PREMISES: The City authorizes the Lessee to use the Premises for the
following purposes only:
Air Tanker Reload Base
2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing, the
Lessee will operate on the Premises on a continuous basis, uninterrupted by any
period of closure over 15 consecutive days. The Lessee will give the City written
notice before closing the Lessee's business on the Premises for more than 10
consecutive days. The notice must state the reason for the closure and the date
on which the Lessee will re -open for business. This provision does not apply to
any period during which the Lessee is unable to operate its business as a result of
an act or directive of the City, or as a result of a closure of the Airport or loss of the
Lessee's buildings on the Premises due to fire or natural disaster.
B. RIGHTS RESERVED TO THE CITY:
RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others
any rights and privileges not specifically granted to the Lessee on an exclusive
basis. The rights and privileges granted to the Lessee in this Lease are the only
rights and privileges granted to the Lessee by this Lease.
LEASE OF AIRPORT RESERVE LANDS Page 2 of 29
2. EASEMENTS: The City reserves the right to make grants to third parties or
reserve to the City easements or rights of way through, on, or above the Premises.
The City will not grant or reserve any easement or right of way that unreasonably
interferes with the Lessee's authorized uses of the Premises.
3. INGRESS, EGRESS AND INSPECTION: The City reserves the right of ingress to
and egress from the Premises and the right to enter any part of the Premises,
including buildings, for the purpose of inspection or environmental testing at any
time. Except in the case of an emergency, all inspections and environmental
testing will be coordinated with the Lessee to minimize interference with the
Lessee's authorized uses of the Premises.
4. RIGHT OF FLIGHT: There is hereby reserved to the City, 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 of the Premises. This public right of flight
will include the right to cause in the airspace any noise inherent in the operation of
any aircraft used for navigation or flight through the airspace or landing at, taking
off from, or operation on the Airport.
C. PROHIBITED USES: Unless specifically authorized by this Lease or an amendment to
this Lease, the following are prohibited:
1. Any use of the Premises other than those authorized in this Lease.
2. Any use of the Premises that is in violation of a City Ordinance or an Airport
regulation.
3. The outside storage on the Premises of junk, salvage aircraft or vehicle parts, non-
operational support equipment, unused or damaged equipment or material, or solid
waste or debris unless allowed pursuant to a conditional use permit under KMC
14.20.
4. The disposal on the Premises or the Airport of waste materials generated by the
Lessee, including any Hazardous Substance, slash, overburden, and construction
waste.
5. The stripping, wasting, or removing any material from the Premises without the
prior written approval of the City.
6. Erecting structures or allowing growth of natural objects that would constitute an
obstruction to air navigation, or allowing any activity on the Premises that would
interfere with or be a hazard to the flight of aircraft, or interfere with air navigation
or communication facilities, serving the Airport.
7. Any use or activity that is prohibited by applicable law or regulation.
ARTICLE III
TERM & HOLDOVER
LEASE OF AIRPORT RESERVE LANDS Page 3 of 29
A. TERM: The initial term of this Lease is for five (5) years, from the 1st day of July, 2022,
to the 30th day of June, 2027.
B. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after
the expiration, cancellation or termination of this Lease, the holding over will not operate as an
extension of the term of this Lease, but only creates a month -to -month tenancy, regardless of any
rent payments accepted by the City. The Lessee's obligations for performance under this Lease
will continue during the month -to -month tenancy. The City or Lessee may terminate the Lessee's
holdover with ten days' advance written notice.
ARTICLE IV
RENTS AND FEES
A. RENT: The initial rent for the Premises is $ 18,250.62 per year, as established by the City
pursuant KMC 21.10.090 and as subject to annual adjustment on July 1 of each year under Article
V of this Lease, plus applicable sales tax. The rent shall be payable annually in advance of the
first day of each year of the term of this Lease. All payments required by this Lease must be
made in U.S. dollars. If the annual rent exceeds $2,400, the Lessee may, upon written notice to
the City, choose to pay the rent in equal monthly installments, payable in advance on or before
the anniversary date of the term of this Lease and thereafter at monthly intervals. No conversion
of the payment schedule from annual to monthly shall result in the City receiving less rent than it
would have received had the conversion not taken place.
Rent Credit: A rent credit may be applied for a maximum of five years of lease
payments as provided in KMC 21.10.100 (as effective at the time this lease is
executed). Once the work is completed and value determined, a credit will be
applied to the lease payments, prorated as necessary for the successive five
years.
B. RENT PRORATED: Rental for any period less than one year shall be prorated on the
basis of the rent payable under this Lease in last full year previous to the prorating.
C. ADDITIONAL RENT: In addition to the rent specified in (a) of this Article, Lessee agrees
to pay to the appropriate parties all levies, assessments, and charges as follows:
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 the Lessee pays rent under this Lease on a monthly
or annual basis.
3. All taxes and assessments levied in the future by the City, as if Lessee was the
legal owner of record of the Premises.
D. PAYMENTS: The Lessee shall make checks, bank drafts, or postal money orders payable
to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210 Fidalgo
Avenue, Suite 200, Kenai, Alaska 99611-7794 or any other address the City may designate in
writing to the Lessee.
LEASE OF AIRPORT RESERVE LANDS Page 4 of 29
E. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and fees
required under this Lease will accrue interest at the rate of eight percent (8.0%) per annum.
Interest on disputed amounts will not be charged to the Lessee if the dispute is resolved in the
Lessee's favor.
F. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (E) of
this Article, each time the Lessee fails to pay any rent or fee by the date required in this Lease,
the City will charge, and the Lessee shall pay, an administrative penalty of ten percent (10.0%) of
the amount due and unpaid.
G. COURTESY BILLINGS: Lessee acknowledges that any billing statement issued by the
City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when due,
regardless of whether or not the Lessee receives a billing statement from the City.
H. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due and
unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the
Lessee's property, real or personal.
I. PAYMENT OF CITY'S COSTS: The Lessee will pay all reasonable actual expenses,
costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or protect
this Lease or City's rights under this Lease, including any expense incurred with respect to
environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease,
the Premises, or improvements or personal property on the Premises. The Lessee will make
payment within 30 days of the date of each notice from City of any amounts payable under this
provision.
J. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable fee
for any special services or facilities the City agrees to perform, which the City is not otherwise
obligated by this Lease to provide and which the Lessee requests from the City in writing.
ARTICLE V
ADJUSTMENT OF RENT AND FEES
A. RENT OR FEE ADJUSTMENT: The City shall adjust rent or fees payable by the Lessee
under Article IV or other provisions of this lease on July 1 of each year of the lease as proved in
KMC 21.10.090 (as effective at the time this lease is executed) and shall make any other
adjustments to rent as allowed for in KMC 21.10.090.
No rent or fee change shall be effective until 30 days after the date of the City's written notice to
the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent for the
Premises, the Lessee may appeal a rent change to the City as provided in KMC 21.10.090.
ARTICLE VI
ASSIGNMENT & SUBLETTING
A. INVALID WITHOUT CITY'S CONSENT: The Lessee may not assign, sublet, or grant a
LEASE OF AIRPORT RESERVE LANDS Page 5 of 29
security interest in, by grant or implication, the whole or any part of this Lease, the Premises, or
any improvement on the Premises without the written consent of the City. Any proposed
assignment, sublease, or security interest must be written and must be submitted to the City
bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft
documents for the City's conceptual review. However, the City's conceptual approval of a draft
document may not be construed as the City's consent to any assignment, sublease, or security
interest. All provisions in this Lease extend to and bind the assignees and sub -lessees of the
Lessee.
B. NO WAIVER OF CONSENT: The City's consent to one assignment, sublease, or security
interest will not waive the requirement for the Lessee to obtain the City's consent to any other
assignment, sublease, or security interest.
C. ASSIGNEE / LESSEE OBLIGATIONS: An assignment must include a provision stating
that the assignee accepts responsibility for all of the assignor's (Lessee's) obligations under this
Lease, including environmental liability and responsibility. However, unless the City specifically
releases the Lessee in writing, the City may hold the Lessee responsible for performing any
obligation under this lease which an assignee fails to perform.
D. OCCUPANCY BEFORE CITY CONSENT: An assignee or sub -lessee may not occupy
the Premises before the City consents to the assignment or sublease in writing.
E. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an
assignment or a sublease, the terms of this Lease control.
F. LESSEE NOT RELIEVED OF OBLIGATIONS: The City's consent to any sublease does
not relieve or otherwise alter the Lessee's obligations under this Lease.
G. SECURITY ASSIGNMENTS AND FINANCING:
Subject to the requirements of (A) of this Article VI, the Lessee may assign a
security interest in this Lease. The security interest may be in the form of a
mortgage, deed of trust, assignment or other appropriate instrument, provided
a. the security interest pertains only to the Lessee's leasehold interest;
b. the security interest does not pertain to or create any interest in City's title
to the Premises; and
C. the documents providing for the security interest are acceptable to the City.
2. If the assignment of a security interest to which the City has consented shall be
held by an established lending or financial institution, including a bank, an
established insurance company and qualified pension or profit sharing trust, and
the lending institution acquires the Lessee's interest in this Lease as a result of a
foreclosure action 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, the lending institution may transfer its interest in
this Lease to a nominee or a wholly owned subsidiary corporation with the prior
LEASE OF AIRPORT RESERVE LANDS Page 6 of 29
written consent of the City, provided, the transferee assumes all of the covenants
and conditions required to be performed by the Lessee (including payment of any
monies owed by Lessee to the City under the lease). In the event of such a
transfer, the lending institution shall be relieved of any further liability under this
Lessee.
3. A holder of a security interest in this Lease consented to by the City shall have,
and be subrogated to, any and all rights of the Lessee with respect to the curing of
any default of this Lease by Lessee.
4. A holder of a security interest consented to by the City that takes possession of
this Lease shall not be released from the obligations and liabilities of this Lease
unless the holder assigns its leasehold estate to an assignee who is financially
capable and otherwise qualified to undertake to perform and observe the
conditions of this Lease and the City consents to the assignment. The City's
consent will not be unreasonably withheld.
ARTICLE VII
MAINTENANCE, SNOW REMOVAL & UTILITIES
A. MAINTENANCE:
At no cost to the City, the Lessee will keep the Premises and all improvements on
the Premises clean, neat and presentable, as reasonably determined by the City.
2. At no cost to the City, the Lessee will provide for all maintenance and services at
the Premises as may be necessary to facilitate the Lessee's compliance with this
Lease and the Lessee's use of the Premises.
3. The Lessee shall comply with all regulations or ordinances of the City that are
promulgated for the promotion of sanitation. At no cost to the City, the Lessee
shall keep the Premises in a clean and sanitary condition, and control activities on
the Premises to prevent the pollution of water.
4. The Lessee agrees to comply with all decisions and directions of the City's Airport
Manager regarding maintenance and operation of the Airport, and the use of the
Airport by the Lessee.
B. SNOW REMOVAL:
At no cost to the City, the Lessee is responsible for snow removal on the Premises.
The Lessee shall dispose of snow in an off -Premises location approved in writing
by the City or provide suitable snow storage within the boundaries of the Premises
in accordance with all applicable federal and state laws. At the request of the
Airport Manager, the Lessee shall submit a snow removal plan for the Premises to
the Manager for review. Upon approval of the Lessee's plan by the Airport
Manager, the Lessee shall conduct all snow removal operations on the Premises
in accordance with the approved plan.
LEASE OF AIRPORT RESERVE LANDS Page 7 of 29
2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other aircraft -
maneuvering surface provided for common use by others without the prior written
of the Airport Manager.
3. Lessee agrees to not allow an accumulation of snow on the Premises that would
cause interference with adjoining leaseholders or other users of the Airport.
C. UTILITIES: Unless specifically provided otherwise in this Lease, the Lessee shall, at
no cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's use
of the Premises.
ARTICLE VIII
OPERATIONS
A. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its
employees, guests, contractors, sub -lessees, and vendors that perform any activity or function
authorized under this Lease shall do so in a manner that ensures the safety of people, the
protection of public health and the environment, and the safety and integrity of the Airport and the
Premises.
B. LESSEE'S CONTROL AND RESPONSIBILITY:
The Lessee will assume full control and sole responsibility as between Lessee and
City for the activities of the Lessee, the Lessee's personnel and employees, and
anyone else acting by, on behalf of, or under the authority of the Lessee on the
Airport, including the Premises.
2. The Lessee will immediately notify the City of any condition, problem, malfunction
or other occurrence that threatens the safety of people or the Airport, harm to public
health or the environment, or the safety or integrity of the Premises.
C. RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or device
that interferes with any government -operated transmitter, receiver, or navigation aid until the
cause of the interference is eliminated.
D. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on an
airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep the
Premises clean of fish slime, fish waste, or any other material that might attract birds or other
wildlife. The Lessee accepts full responsibility to maintain the Premises, control operations, and
take all reasonable measures to prevent a concentration of birds or other wildlife on the Premises.
E. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking
space on the Premises for Lessee's business or activities, or confine parking to such other places
on the Airport as may be approved or designated in writing by the Airport Manager.
ARTICLE IX
ENVIRONMENTAL PROVISIONS
LEASE OF AIRPORT RESERVE LANDS Page 8 of 29
A. HAZARDOUS SUBSTANCE:
The lessee will conduct it business and/or operation on the Premises in compliance
with all environmental laws and permits. If hazardous substances are handled on
the Premises, the Lessee agrees to have properly trained personnel and adequate
procedures for safely storing, dispensing, and otherwise handling Hazardous
Substances in accordance with all applicable federal, state and local laws.
2. Lessee will promptly give the City notice of proceeding to abate or settle matters
relating to the presence of a Hazardous Substance on the Premises or from
Lessee's operations on the Airport. The Lessee will allow the City to participate in
any such proceedings.
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13. REMEDIATION:
In the event of a Hazardous Substance spill on the Premises, the Lessee will
immediately notify the City and the Alaska Department of Environmental
Conversation and act, promptly, at its sole expense, to contain the spill, repair, any
damage, absorb and clean up the spill area, and restore the Premises to a
condition satisfactory to the City and otherwise comply with the applicable portions
of any environmental law.
2. In addition to any notices required by this Lease, the Lessee will immediately notify
and copy the City in writing of any of the following:
LEASE OF AIRPORT RESERVE LANDS Page 9 of 29
a. Any permit, enforcement, clean up, lien, removal or other governmental or
regulatory action instituted, completed, or threatened pursuant to an
Environmental Law.
b. Any claim made or threatened by any person against the Lessee or arising
from the Lessee's operations authorized by this Lease, relating to damage,
contribution, compensation, loss or injury resulting, from, or claimed to
result from any Hazardous Substances in, on, or under the Airport; or
C. Any report made by, or on behalf of, the Lessee to any environmental
agency arising out of or in connection with any Hazardous Substances in,
on, or removed from the Premises, including any complaints, notices,
warnings, or asserted violations.
3. Remediation and restoration of the contaminated area must meet all applicable
state and federal regulations and must meet the requirements of all governing
regulatory authorities.
D. ENVIRONMENTAL AUDIT: The Lessee will provide the City with all investigative data,
test results, reports, and any other information gathered or analyzed as part of or in relation to
any Environmental Assessment, characterization or audit on the Premises or the Airport that
Lessee performs or causes to be performed after the starting date of this Lease. The Lessee will
submit the data, result, report or information to the City within 60 days following the date on which
it becomes available to the Lessee.
E. RELEASE OF LESSEE: The City releases the Lessee from liability to the City for
Contamination and the presence of Hazardous Substances that existed prior to the
commencement date of this lease unless caused or materially contributed to by the Lessee.
F. SURVIVAL OF OBLIGATIONS: The obligations and duties of the City and Lessee under
Article IX of this lease shall survive the cancellation, termination or expiration of this lease.
ARTICLE X
Vie' VI'OII""'& INSURANCE
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LEASE OF AIRPORT RESERVE LANDS Page 10 of 29
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B. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force during
the term of this Lease, insurance of the type and limits required by this provision. Where specific
limits are set, they will be the minimum acceptable limits. If the Lessee's policy contains higher
limits, the City will be entitled to coverage to the extent of the higher limits. At the time insurance
in obtained by the Lessee, all insurance shall be by a company/corporation rated "A-" or better by
A.M. Best. The following policies of insurance are required with the following minimum amounts:
Commercial General Liability, including Premises, all operations, property
damage, products and completed operations, and personal injury and death,
broad -form contractual, with a per -occurrence limit of not less than $1,000,000
combined single limit. If this lease authorizes the Lessee to engage in the sale or
the commercial dispensing or storage of aviation fuel, the policy must not exclude
of Lessee's fuel handling activities. This policy must name the City as an additional
insured.
2. Commercial Automobile Coverage with not less than $1,000,000 combined single
limit per occurrence. This insurance must cover all owned, hired, and non -owned
motor vehicles used by the Lessee.
3. Workers Compensation Insurance. The Lessee will provide and maintain, for all
employees, coverage as required under AS 23.30.045, and, where applicable, any
other statutory obligations. The policy must waive subrogation against the City.
4. The Lessee will provide the City with proof of insurance coverage in the form of a
e tt sir o" nsuiranc�.
r pollifte feu .
LEASE OF AIRPORT RESERVE LANDS Page 11 of 29
with p.ir..... .. . U. p m.enetary
f-c . � 4r . All insurance required by this provision must provide
that the City be notified at least 30 days prior to any termination, cancellation, or
material change in the insurance coverage.
5. If the Lessee's insurance coverage lapses or is canceled, Lessee will immediately,
upon written notice by the City, halt all operations on the Airport, including the
Premises. The Lessee will not resume operations until the City receives evidence
that the Lessee has obtained current insurance coverage meeting the
requirements of this Lease.
6. The City may, at intervals of not less than five years from the beginning date of the
term of this Lease and upon written notice to Lessee, revise the insurance
requirements required under this Lease. City's determination to revise the
insurance requirements will be based on the risks relative to the Lessee's
operations, any insurance guidelines adopted by the City, and any applicable law.
7. If the Lessee subleases all or any portion of the Premises under the provisions of
this Lease, the Lessee will require the sub -lessee to provide to the insurance
coverage required of the Lessee under this Article X.
ARTICLE XI
LAWS & TAXES
A. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws, ordinances, and
regulations of public authorities now or hereafter in any manner affecting the Airport, the Premises
or the sidewalks, alleys, streets, and ways adjacent to the Premises, 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 consequences of any violation of such laws, ordinances, and/or
regulations; and
2. From all claims for damages on account of injuries, death, or property damage
resulting from such violation.
B. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation,
business, or trade to be conducted on the Premises contrary to any law, ordinance, or regulation,
including zoning ordinances, rules and regulations.
C. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits,
pay all taxes and special assessments lawfully imposed upon the Premises, and pay other fees
and charges assessed under applicable law. Nothing in this Lease prevents the Lessee from
challenging any taxes or special assessments to the appropriate authority.
D. LITIGATION: The Kenai municipal code, including regulations promulgated thereunder,
and the laws of the State of Alaska will govern in any dispute between the Lessee and City. If a
dispute continues after exhaustion of administration remedies, any lawsuit must be brought in the
LEASE OF AIRPORT RESERVE LANDS Page 12 of 29
courts of the State of Alaska, in Kenai, Alaska.
E. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which,
during the term of this Lease 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 Premises or improvements on the Premises by reason of its use or
occupancy or the terms of this Lease provided, however, that nothing in this provision shall
prevent Lessee from contesting any increase in a tax or assessment under any applicable law,
ordinance, or regulation.
F. PARTIAL INVALIDITY: If any term, provision, condition, or part of this 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 the declaration had
not been made.
ARTICLE XII
LEASE TERMINATION
A. CANCELLATION: The City may, after 30 days' written notice to the Lessee, cancel this
Lease and recover possession of the Premises if any of the following violations occur, unless the
violation is cured within the 30 days:
The Lessee fails to pay when due the rents, additional rents, charges, or other
sums specified in this Lease, including any increases made under this Lease.
2. The Lessee's check for payment of any sum due under this Lease is returned for
insufficient funds.
3. The Lessee uses or authorizes the use of the Premises for any purpose not
authorized by this Lease.
4. The Lessee fails to fully perform and comply with any provision in this Lease.
5. The Lessee violates a provision of Kenai Municipal Code applicable to this Lessee.
6. The court enters a judgment of insolvency against the Lessee.
7. A trustee or receiver is appointed for the Lessee's assets in a proceeding brought
by or against the Lessee, or the Lessee files a voluntary petition in bankruptcy.
8. Failure by the Lessee to comply with any land development or permanent
improvement construction required by this Lease.
B. l:::: IISCAII..... INI[:::::CI[:::::SSII n Y INOIN Alf If If (: If If IIA n 1lQIN (:III:::: II:::: LUIN 1)S: ..I..he State has the irli ht to
teirinilinate thus Ilease lIn wholle or lin girt lif the Allaslka State Il.....e Ilsllatulre falills to a �iropirliate
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funds Ifaud eted for contlinuatlion of thus Ilease and/oir 2 the Allaslka State Il.....e Ilsllatulre falills to
airoirliate funds to the occur lin a enc s that iresullts in a niateirliall allteratlion or
dliscontlinuance In wholle oir tin Ilairt off the occult ling a�genc�f(sq' Iliro�girairn�s. n he teirirn�linatlion off the
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lease for ffliscall necesslit and non arorliatlion of funds under thus sectlion shallll not cause an
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LEASE OF AIRPORT RESERVE LANDS Page 13 of 29
i Emallty or Illialfalilllif to Ifae chair ed fo the Sfafe and shallll not consflitute a Ifaireach oir an event of
C. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated in accordance
..................................................
with this Article XI I, or by summary proceedings or otherwise, or upon the Lessee's abandonment
of the Premises or a portion of the Premises, the City or its agents, servants, or representatives
may, immediately or any time thereafter, re-enter, and resume possession of the Premises or
portion thereof, and remove all persons and property therefrom, without being liable for any
damages therefore. No re-entry by the City shall be deemed an acceptance of a surrender of the
Lease.
II" CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will continue
to.........
pay City rent after the expiration, termination, or cancellation of this lease and to abide by the
lease obligations, including providing proof of insurance coverage, through the date Lessee
relinquishes possession of and completely vacates the Premises. City will consider the Premises
completely vacated if the Lessee has
Remediated any environmental contamination for which the Lessee is responsible;
2. Restored the Premises to a neat and clean physical condition acceptable to the
City.
REASONABLE CURE:
In the case of a violation that cannot be reasonably cured within 30 days, a notice
of cancellation issued by the City to the Lessee under this Article is stayed if, within
the 30-day notice period, the Lessee begins and continues expeditious action to
cure the violation. The City will determine if a violation cannot be reasonably cured
within 30 days and what constitutes expeditious action.
2. In the case where, in City's sole determination, Lessee's violation is considered an
imminent threat to the airport, public health or safety, or the environment, City will
direct the Lessee to stop the activity immediately and may reduce the period to
cure the violation, or the City may correct the violation pursuant to (E) of this Article.
Ifiiiiilf . RIGHT OF CITY TO PERFORM:
If, after 30 days following notice the Lessee fails or refuses to perform any action
required by this Lease, the City will have the right, but not the obligation, to perform
any or all such actions required by this Lease at the sole expense of the Lessee.
The City will not take action if the Lessee begins and continues expeditious action
to perform any action required by this Lease that cannot be reasonably completed
within 30 days. The City will, at its sole discretion, determine what constitutes
expeditious action and if an action cannot be reasonably performed in 30 days.
The City will submit to the Lessee an invoice for the expenses incurred by the City
in the performance by the City of any required action. The Lessee will pay the
amount of each invoice within 30 days from issuance.
LEASE OF AIRPORT RESERVE LANDS Page 14 of 29
2. If Lessee fails or refuses to perform any action that has been deemed an imminent
threat the City will have the right, but not the obligation, to perform any or all such
actions required to expeditiously correct the imminent threat. Lessee shall
reimburse the City for any cost, including legal fees and administrative costs
reasonably incurred by the City in acting to correct the imminent threat violation.
IG WAIVER: A waiver by the City of any default by the Lessee of any provision of this Lease
will not operate as a waiver of any subsequent default. If the City waives a default, the City is not
required to provide notice to the Lessee to restore or revive any term or condition under this
Lease. The waiver by the City of any provision in this Lease cannot be enforced or relied upon
unless the waiver is in writing and signed on behalf of the City. The City's failure to insist upon
the strict performance by the Lessee of any provision in this Lease is not a waiver or
relinquishment for the future, and the provision will continue in full force.
dI N. AIRPORT CLOSURE:
If the City closes the airport to aircraft operations for sixty days or less, this Lease
will remain in full force and effect without adjustment
2. If the City closes the Airport to aircraft operations for more than sixty days, but not
permanently, and this Lease is for aviation or direct aviation support uses, the
Lessee may, upon written notice to the City, either terminate the Lease or retain
the Lease and receive a fifty (50%) percent rent reduction or credit for that portion
of the closure that exceeds sixty days.
3. If the City permanently closes the Airport to aircraft operations and
a. this Lease is for aviation or direct aviation support uses, the Lessee may
terminate this agreement by written notice to the City; or
b. this Lease is for non -aviation uses, the Lessee may request in writing to
have the Lease terminated. The City will consider the Lessee's request in
light of the City's best interest and either terminate the Lease, or deny the
Lessee's request in writing.
Ib I,ll. DISASTERS: The Lessee or City may cancel this lease upon written notice to the other
party if:
the Premises becomes unusable through no fault of either party and performance
under this lease becomes impossible; or
2. the Airport becomes unusable through no fault of either party and the performance
under this lease becomes impossible.
If the Lessee elects in writing that it will continue to operate after notice from City to Lessee that
the Airport has become unusable, the Lessee's obligations under the Lease will continue, but City
shall be under no obligation to continue to perform.
LEASE OF AIRPORT RESERVE LANDS Page 15 of 29
Causes for termination of the lease under this provision (G) include acts of God, the public enemy,
and the United States.
II. NATIONAL EMERGENCY: If the federal government declares a national emergency,
neither party may hold the other liable for any inability to perform any part of this Lease as a result
of the national emergency.
JIlfi. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XII,
Lessee shall, on the last day of the term of this Lease (including any extension or renewal thereof)
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 the City in writing,
and free and clear of all liens and encumbrances other than those created by and for loans to
City.
IKll...... OWNERSHIP AND DISPOSITION OF IMPROVEMENTS:
Ownership of Permanent Improvements: Permanent improvements on the
Premises, excluding Site Development Materials, constructed, placed, or
purchased by the Lessee remain the Lessee's property as long as this Lease
remains in effect, including any period of extension or holdover with the consent
of the Lessor.
2. Disposition of Site Development Materials: The Lessee acknowledges that,
once placed by the Lessee, the removal from the Premises of Site
Development Materials can damage the Premises, adversely affect surface
water drainage patterns, and destabilize adjacent structures. When placed on
the Premises by the Lessee, Site Development Materials, including building
pads, parking areas, driveways, and similar structures:
a. become a part of the realty and the property of the City of Kenai;
b. unless otherwise directed by the Lessor, must be maintained by the Lessee
throughout the term of this Lease, including any extensions and periods of
holdover; and
C. may not be removed by the Lessee without the prior written approval of the
Lessor.
3. Disposition of Personal Property and Permanent Improvements Other Than Site
Development Materials:
a. Unless the Lessor otherwise directs as provided below, when this Lease
expires, terminates, or is cancelled and is neither extended nor followed by
a successive lease, the departing Lessee may do one or more of the
following:
LEASE OF AIRPORT RESERVE LANDS Page 16 of 29
remove Lessee -owned Permanent Improvements from the
Premises, remediate any Contamination for which the Lessee is
responsible, and restore the Premises to a clean and neat
physical condition acceptable to the Lessor within 60 days after
the expiration, cancellation, or termination date of this Lease;
with written approval from the Lessor, sell Lessee -owned
Permanent Improvements to the succeeding lessee, remove all
personal property, remediate, any Contamination for which the
Lessee is responsible and leave the Premises in a clean and
neat physical condition acceptable to the Lessor within 60 days
after notice from the Lessor that the Lessor has approved an
application for a lease of the Premises by another person or such
longer period specified in the notice, but in no event more than
180 days after the expiration, termination, or cancellation date of
this Lease;
iii. elect to have the Lessor sell Lessee -owned Permanent
Improvements at public auction as provided below, remediate
any Contamination for which the Lessee is responsible, and
restore the premises to a clean and neat physical condition
acceptable to the Lessor. If the Lessor sells Permanent
Improvements under this Paragraph for removal from the
Premises, the departing Lessee's obligation under this
Paragraph continues until the Premises are remediated and
restored to a clean and neat physical condition acceptable to the
Lessor after the improvements have been removed.
b. If the departing Lessee elects to have the Lessor sell Lessee -owned
Permanent Improvements at public auction per this Section, the Lessee
shall, within 30 days after the expiration, cancellation, or termination of this
Lease:
submit to the Lessor a written request and authorization to sell
the Permanent Improvements by public auction;
provide to the Lessor an executed conveyance document
transferring clear title to the Permanent Improvements to the
successful bidder at the public auction, along with authorization
to the Lessor, as agent for the Lessee for purposes of the sale
only, to endorse the name of the successful bidder on the
conveyance document upon receipt of payment of the successful
bid price; and
iii. before the date of the public auction, remove all personal
property, remediate any Contamination for which the Lessee is
responsible and leave the Premises in a neat and clean physical
condition acceptable to the Lessor.
LEASE OF AIRPORT RESERVE LANDS Page 17 of 29
C. When selling Lessee -owned Permanent Improvements at public auction for
the departing Lessee, the Lessor will establish the terms and conditions of
the sale. The Lessor shall pay the Lessee any proceeds of the sale of the
Permanent Improvements, less the administrative costs of the public
auction and any financial obligation the Lessee owes to the Lessor under
this Lease. Payment will be made within a reasonable time after the Lessor
completes the sale transaction and receives the proceeds, but not to
exceed 60 days. If all or a portion of the Permanent Improvements do not
sell at public auction, the Lessee will remove those Permanent
Improvements, remediate any Contamination for which the Lessee is
responsible and restore the Premises to a clean and neat physical condition
acceptable to the Lessor within 60 days after the auction.
d. If the Lessee shows good cause to the Lessor and if it is not inconsistent
with the best interest of the City of Kenai, the Lessor will grant an extension
of time that is sufficient to allow the Lessee to remove or sell Lessee -owned
Permanent Improvements, remediate any Contamination for which the
Lessee is responsible and to restore the Premises to a clean and neat
physical condition acceptable to the Lessor.
e. The Lessor will, by written notice, direct the departing Lessee to remove
Lessee -owned Permanent Improvements from the Premises, to remediate,
consistent with applicable law, any Contamination for which the Lessee is
responsible and to restore the Premises to a clean and neat physical
condition acceptable to the Lessor if the Lessor determines in writing:
that the continued presence of the Permanent Improvements
on the Premises are not consistent with any written Airport
program or plan required for compliance with applicable
federal, state, or local law;
that the continued presence of the Permanent Improvements on
the Premises is not in the best interest of the City of Kenai; or
iii. that the Permanent Improvements present a hazard to public health
or safety.
The departing Lessee to whom the Lessor has issued direction under
Paragraph e of this Section shall comply with the Lessor's direction within
60 days after issuance of the direction and at no cost to the Lessor. If the
departing Lessee shows good cause to the Lessor, continues to work
diligently to comply with Lessor's direction, and if it is not inconsistent with
the best interest of the City of Kenai, the Lessor will allow in writing a longer
period that is sufficient to allow the Lessee to comply with the Lessor's
direction. A departing Lessee who fails to comply with a direction issued
by the Lessor under Paragraph e of this Section, shall, within 30 days of
being billed by the Lessor, reimburse the Lessor for any costs reasonably
incurred by the Lessor, including legal fees and administrative costs, to
enforce the Lessor's direction or to remove and dispose of unremoved
LEASE OF AIRPORT RESERVE LANDS Page 18 of 29
Lessee -owned improvements, remediate any Contamination for which the
Lessee is responsible and restore the Premises.
g. If the departing Lessee does not timely remove or sell the Lessee -owned
Permanent Improvements on the Premises in accordance with the
requirements of this Section, any remaining Permanent Improvements and
any remaining personal property of the departing Lessee will be considered
permanently abandoned. The Lessor may sell, lease, demolish, dispose
of, remove, or retain the abandoned property for Airport use as the Lessor
determines is in the best interest of the City of Kenai. The departing Lessee
shall, within 30 days after being billed by the Lessor, reimburse the Lessor
for any costs reasonably incurred by the Lessor, including legal and
administrative costs, to demolish, remove, dispose, clear title to, or sell the
abandoned property and to remediate and restore the Premises.
h. After the expiration, termination, or cancellation of the Lease, including any
holdover, the departing Lessee loses all right to occupy or use the premises
without the express or implied consent of the Lessor. Except as the Lessor
notifies the departing Lessee otherwise in writing, the Lessor consents to
the departing Lessee's continued use and occupancy of the Premises to
diligently accomplish the requirements of this Section. Until the departing
Lessee relinquishes possession of and completely vacates the Premises
and notifies the Lessor in writing that it has relinquished and vacated the
Premises, the departing Lessee shall perform the following as if the lease
were still in effect,
pay rent to the Lessor;
maintain the premises;
iii. provide the Lessor with evidence of each insurance coverage, if
any, required under the Lease; and
iv. cease using the premises other than to diligently accomplish the
requirements of this Section, and to comply with the other
requirements of the Lease.
A departing Lessee will not be considered to have relinquished possession
and completely vacated the Premises until
the departing Lessee has:
(a) remediated, consistent with applicable law, any
Contamination for which the Lessee is responsible;
and
(b) restored the Premises to a clean and neat physical
condition acceptable to the Lessor; and
LEASE OF AIRPORT RESERVE LANDS Page 19 of 29
either
(a) removed all of the Lessee's Permanent Improvements and
personal property from the premises or sold the Permanent
Improvements and personal property to a succeeding
Lessee under the provisions of this Lease; or
(b) transferred title to the Lessee's Permanent Improvements
and personal property that remain on the premises to the
Lessor.
ARTICLE XIII
GENERAL COVENANTS
A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands or
facilities without the written consent of the City is prohibited. This prohibition shall not apply to
use of areas designated by the City for specified public uses, such as passenger terminals,
automobile parking areas, and streets.
B. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not
limited to recording costs, shall be paid by Lessee.
C. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good order
at the Lessee's own expense, allowing no damage, waste, nor destruction thereof, nor removing
any material therefrom, without written permission of the City. At the expiration of the term fixed,
or any earlier termination of the Lease, the Lessee will peaceably and quietly quit and surrender
the premises to the City.
D. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the
Premises by the Lessee must be compatible with its surroundings and consistent with the uses
authorized under this Lease, as determined by the City. The Lessee must obtain the City's written
approval before placing fill material, beginning any land development, or constructing or
demolishing any improvements on the Premises, and before beginning any alterations,
modifications, or renovation of existing structures on the Premises. The Lessee must submit to
the City detailed drawings of the proposed development, alteration, modification, or renovation,
together with specifications or any other information the City reasonably requires. Further, the
Lessee will submit to City evidence of the Lessee's compliance with Federal Aviation
Administration regulation 14 CFR Part 77.
E. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee agrees
that City may modify this 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.
F. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and
covenants 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
LEASE OF AIRPORT RESERVE LANDS Page 20 of 29
the Premises, except that the following shall not construed as a denial of the right of quiet or
peaceable possession:
Any inconvenience caused by public works projects in or about the Premises; and
2. Any other entries by the City on the Premises reserved or authorized under other
provisions of this Lease.
G. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the
City shall not be construed or held to be a partner or joint venture of Lessee in the conduct of the
Lessee's activities or business on the Premises. The relationship between the City and the
Lessee is, and shall at all times remain, strictly that of landlord and tenant, respectively.
H. DISCRIMINATION: The Lessee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or state
law. The Lessee recognizes the right of the City to take any action necessary to enforce this
provision, including actions required pursuant to any federal or state law.
I. AFFIRMATIVE ACTION: If required by 14 CFR Part 152, subpart E, the Lessee will
undertake an affirmative action program to insure that no person will be excluded from
participating in any employment activities offered by the Lessee on the grounds of race, creed,
color, national origin, or sex. No person may be excluded on these grounds from participating in
or receiving the services or benefits of any program or activity covered by subpart E. The Lessee
further agrees that it will require its sub-organization(s) provide assurance to the City to the same
effect that they will also undertake affirmative action programs and require assurances from their
sub-organization(s) as required by 14 CFR, Part 152, subpart E.
Tenant shall use the premises in compliance with all other requirements imposed by or pursuant
to title 49, code of Federal Regulations, DOT, 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 the Regulation may be amended.
J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms,
conditions, and agreements of the parties and supersedes any previous understandings or
agreements regarding the Premises whether oral or written. No modification or amendment of
this Lease is effective unless in writing and signed on behalf of the City and the Lessee.
K. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce
reasonable rules and regulations governing the Airport, including the Premises. The City shall
not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights under
this Lease, on account of the exercise of the City's authority reserved under this provision.
Furthermore, the Lessee shall not be entitled to terminate the whole or any portion of the
leasehold estate created under this Lease, by reason of the exercise of the City's authority
reserved under this provision, unless the exercise thereof so interferes with Lessee's use and
occupancy of the Premises as to constitute a termination, in whole or in part, of this Lease by
operation of law under the laws of the State of Alaska and of the United States made applicable
to the states.
LEASE OF AIRPORT RESERVE LANDS Page 21 of 29
L. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not permit
any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or
available under the then existing laws, to stand against the Premises or improvements on the
Premises for any labor or material furnished to Lessee or claimed to have been furnished to
Lessee or to the Lessee's agents, contractors, or sub -lessees, in connection with work of any
character performed or claimed to have been performed on the Premises or improvements by or
at the direction or sufferance of Lessee. Provided, however, the 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. Upon a final determination of the lien or claim for lien, the 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.
M. CONDEMNATION: In the event the 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 the condemnation or taking, the City and the Lessee shall make a good faith effort to
agree upon
the division of the proceeds;
2. the abatement in rent payable during the term or any extension of the term of this
Lease; and
3. other adjustments as the parties may agree upon as being just and equitable under
all the circumstances.
If, within thirty days after the award has been paid into Court, the City and Lessee are unable to
agree upon what division, abatement in rent, and other adjustments as are just and equitable, the
airflies shallll under o in�2d.Jaflion chosen Ifa n�ufuall a ireeinment of the pairflies. If disputes are not
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resollved throe h in]edliaflion then the �airflies inIa SiLlbirnjt to Nn6n ....,sha ' .
arbitration.
N. 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 on assignment as are provided for in this Lease.
O. NOTICES:
Any notices required by this Lease must be in writing and must be delivered
personally or mailed by certified or registered mail in a prepaid envelope. A mailed
notice
a. must be addressed to the respective party at the address written on the
first page of this Lease or to the latest address designated in accordance
with (2) of this Provision (0); and
b. shall be deemed delivered on the date it is deposited in a U.S. general or
branch post office.
LEASE OF AIRPORT RESERVE LANDS Page 22 of 29
2. The City or the Lessee may, from time to time, designate a new address at which
they will receive notices by providing the other party with written notice at least 15
days prior to the effective date of the change. An address change notice must be
delivered according to the procedure set out in (1) of this Provision (0).
P. RETENTION OF RENTAL: In the event the City terminates this Lease because of any
breach by the Lessee, the City shall retain any unused balance of the rental payment last made
by the Lessee City as partial or total liquidated damages for the breach.
Q. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and
take all necessary action to suppress destructive or uncontrolled fires and comply with all laws,
regulations, and rules promulgated and enforced by the City for fire protection on the Airport.
R. PERSONAL USE OF MATERIALS: No interest in coal, oil, gas or any other mineral, or in
any deposit of stone or gravel valuable for extraction or utilization is included in the Premises or
in the rights granted by this lease. The Lessee shall not sell or remove from the Premises for use
elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building
or commercial purposes.
S. APPROVAL OF OTHER AUTHORITIES: The granting of this lease by the City does not
relieve the Lessee of the responsibility to obtain any license or permit as may be required by
federal, state, or local law.
T. EXECUTION BY THE PARTIES: This Lease is of no effect unless signed by the Lessee,
or a duly authorized representative of Lessee, and an authorized representative of the City.
U. CAPTIONS: The captions of the provisions of this Lease are for convenience only and do
not necessarily define, limit, describe, or construe the contents of any provision.
V. RIGHTS OF CONSTRUCTION: This Lease is intended to make public property available
for private use, while at all times protecting the public interest to the greatest extent possible.
Following the rule that transfers of interest in public property are to be strictly construed in favor
of the public property landlord, all rights granted to the Lessee under this Lease will be strictly
construed, and all rights of the City and the protections of the public interest will be liberally
construed.
W. LESSEE ACKNOWLEDGEMENT: The Lessee acknowledges that the Lessee has read
this Lease and fully understands its terms, that the Lessee has been fully advised or has had the
opportunity of advice by separate legal counsel, and voluntarily executes this Lease. Lessee also
acknowledges and agrees that the rule of interpretation under which a document is construed
against the drafter will not apply to this Lease.
X. APPROVAL BY LESSOR: Any approval required of the Lessor by this Lease will not be
unreasonably withheld. The Lessor's approval does not waive the Lessee's legal responsibility
or liability to comply with all applicable federal and state laws and regulations.
ARTICLE XIV
SURVEY, IMPROVEMENTS AND PERFORMANCE BOND
LEASE OF AIRPORT RESERVE LANDS Page 23 of 29
A. SURVEY: The Lessee is solely responsible, at its sole expense, to confirm or establish
the physical location of the boundaries of the Premises prior to beginning any construction
thereon, including clearing grubbing, back -filling and environmental sampling. Any survey of the
Premises shall be performed by a Land Surveyor registered in the State of Alaska. The Lessee
shall furnish the City with a copy of the plat of any survey performed on the Premises by, or on
behalf of, the Lessee.
B. IMPROVEMENTS:
REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete
land development and construction of Permanent Improvements including
electrical service improvements and a concrete containment barrier, by no later
than June 30, 2024, with an aggregate cost of at least $ 10,000.00, excluding
financing costs. In addition to the as -built drawings required by this Lease, the
Lessee must submit to the City written evidence that the Lessee has completed
the land development and constructed improvements on the Premises with an
aggregate cost or investment of not less than $ 10,000.00.
Lot developments will prevent unauthorized access to the airfield;
Structures will be built behind the 100 foot building restriction line;
State of Alaska, Division of Forestry is responsible for all snow removal, and snow
may not touch the perimeter security fence or be piled to a height that would allow
access to the airport.
The evidence of cost must be submitted to the City within sixty days of the
completion of the development and improvements, but by no later than August 29,
2024.
a. Costs considered toward the aggregate cost of permanent improvements
include building construction, design, labor, materials, materials shipping,
permits, equipment, soil testing, environmental baseline report, and
environmental assessment directly related to the construction; premises
and as -built surveys; site preparation, including excavation, geotextile
fabric, filling, grading, fill material, gravel, and pavement, remediation of
environmental contamination (unless Lessee caused or Materially
Contributed To the Contamination); and utility connection costs.
b. The cost of Permanent Improvements excludes:
1. work performed by the City and not reimbursed by the Lessee;
and
2. work performed by the Lessee and reimbursed by the City.
2. FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete the
required construction within the time allowed under (b)(1) of this Article, including
any extensions granted, the City will execute against and the Lessee will forfeit,
any bond or other guarantee given by the Lessee and, as applicable, City will:
LEASE OF AIRPORT RESERVE LANDS Page 24 of 29
a. initiate cancellation of the lease; or
b. reduce the term of the lease to a period that is consistent with the portion
of the required construction timely completed.
3. APPEARANCE: When completed, all improvements on the Premises must be
neat, presentable, and compatible with the authorized use of the Premises under
this Lease, as determined by the City.
4. CITY APPROVAL REQUIRED: The Lessee must first obtain the City's written
approval before beginning any land development, construction or demolition of any
improvements on the Premises, or before beginning any alterations, modifications,
or renovation of existing structures on the Premises. The Lessee must submit to
the City detailed drawings of the proposed development, alteration, modification,
or renovation. Further, the Lessee will submit to City evidence of the Lessee's
compliance with the FAA regulation 14 CFR Part 77.
5. CITY APPROVAL WITHHELD: The City's approval of any construction, alteration,
modification, or renovation will not be withheld unless
a. the Lessee fails to demonstrate adequate financial resources to complete
the project;
b. the project plans, specifications, and agency approvals are incomplete;
C. the proposed project would result in a violation of an applicable ordinance,
regulation, or law;
d. the proposed project would interfere with or is incompatible with the safety,
security, maintenance, or operation of the airport;
e. the proposed project is inconsistent with the Airport Master Plan;
the proposed project is inconsistent with the terms of the lease, zoning
ordinances, or the City's Comprehensive Plan;
g. the project plans do not make sufficient provision for drainage, aircraft,
vehicle, and equipment parking, or for snow storage; or
h. the proposed project does not conform to generally recognized engineering
principles or applicable fire or building codes.
6. DEMOLITION: Prior to any demolition of any structure(s) on the Premises, Lessee
will deliver to City a written scope of work that, at a minimum, lists the structure(s)
that are to be demolished and the timeframe for demolition and removal of the
debris from the Airport. City will review Lessee's scope for demolition and issue
Lessee written approval for the work to be done.
LEASE OF AIRPORT RESERVE LANDS Page 25 of 29
7. BUILDING SETBACK: No building or other permanent structure may be
constructed or placed within twenty feet of any lot of the Premises without City's
prior written approval. In addition, no building or other permanent structure may
be constructed or placed within twenty feet of any boundary line of the Premises
which fronts on a landing strip, taxiway, or apron.
8. AS -BUILT DRAWINGS: Within sixty days after completion of construction or
placement of improvements upon the Premises, the Lessee will deliver to the City
a copy of an as -built drawing, acceptable to the City, showing the location and
dimensions of the improvements, giving distances to all Premises' boundaries. If
the Lessee constructs underground improvements, the Lessee will appropriately
mark the surface of the land with adequate surface markers. The type, quantity,
and distance between such markers will be subject to approval of the City.
9. AIRPORT SECURITY FENCING: If any construction by the Lessee requires a
realignment or alteration of an existing security fence on the Premises or boundary
of the Premises, the Lessee agrees to realign or alter the fence in a manner
approved in writing by the Airport Manager. Anytime the fence must be breached
to allow the Lessee to complete improvement construction or fence modifications,
the Lessee shall, at the Lessee's sole expense place temporary barriers to
maintain the security of the Airport, as determined by the Airport Manager. If
damage occurs to a security fence on the Premises or boundary of the Premises
in connection with the Lessee's use or occupation of the Premises, the Lessee
shall promptly repair the fence to the satisfaction of the Airport Manager.
10. DAMAGE TO IMPROVEMENTS: If Lessee's improvements on the Premises are
damaged or destroyed, Lessee will cause the improvements to be repaired or
rebuilt, and restored to normal function within two years following the damage or
destruction. If the Lessee fails to timely rebuild or restore the improvements, the
City may, at its sole discretion, either reduce the term of this Lease commensurate
with the estimated value of the Lessee's remaining, fully functional improvements
on the Premises, or cancel this Lease.
11. DAMAGE NEAR EXPIRATION: If Lessee's improvements are damaged to the
extent that more than 50% of the space is unusable and the damage occurs within
five years of the expiration of the term of this Lease, Lessee may remove the
damaged improvements, restore the Premises and terminate this Lease.
C. PERFORMANCE BOND (Optional): Prior to beginning the construction of permanent
improvements required under (1) of this Article, the Lessee shall submit to the City a performance
bond, deposit, or other security in the amount of $ performance bond not applicable. The form
of the bond or other security shall be subject to the City's approval.
D. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease
or upon any earlier termination of this Lease, surrender and deliver upon 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 the City in writing,
and free and clear of all liens and encumbrances other than those created by and for loans to
LEASE OF AIRPORT RESERVE LANDS Page 26 of 29
City. Upon the end of the term of this Lease, including any extension or renewal, or any earlier
termination thereof, title to the buildings, improvements and building equipment shall
automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon.
However, if City should require any such 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 unites in connection herewith.
E. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three days
prior to commencing any construction project valued in excess of $1,000.00 on the Premises.
The Lessee agrees to assist in the posting of a notice of non -responsibility and maintenance of
the notice on the Premises during construction. Lessee agrees that in the event the Lessee fails
to notify the City as required by this Provision (f), the Lessee shall indemnify the City against any
materialmen's liens as defined in AS 34.35.050 which arise as a result of construction on the
premises.
LEASE OF AIRPORT RESERVE LANDS Page 27 of 29
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year
stated in the individual acknowledgments below.
LESSEE:
STATE OF ALASKA DIVISION OF FORESTRY
Date
Its:
LESSOR:
CITY OF KENAI
0
Paul Ostrander Date
Its: City Manager
ACKNOWLEDGMENTS
STATE OF ALASKA
) ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of 1 , ,
, of being personally known to me or
having produced satisfactory evidence of identification, appeared before me and acknowledged
the voluntary and authorized execution of the foregoing instrument on behalf of said limited liability
corporation.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of 1 , Paul Ostrander, City
Manager of the CITY OF KENAI, ALASKA, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
LEASE OF AIRPORT RESERVE LANDS Page 28 of 29
ATTEST:
Michelle Saner, City Clerk
SEAL:
Approved as to Lease Form
Scott Bloom, City Attorney
After Recording, Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
LEASE OF AIRPORT RESERVE LANDS Page 29 of 29
KENAI MUNICIPAL AIRPORT
LEASE OF AIRPORT RESERVE LANDS
THIS LEASE AGREEMENT entered into this 1st day of July, 2022, by and between the
CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, and STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES, DIVISON OF FACILITIES
SERVICES-10 whose address is 550 W. 71h Avenue, Suite 200 Anchorage, Alaska 99501,
("Lessee").
DEFINITIONS
For the purposes of this Lease the following terms are defined in KMC 21.10.020 (effective as of
the date of execution of the lease) as follows:
Airport — the Kenai Municipal Airport, including all the runways, taxiways, aprons, water
lanes, water taxiways, and all City -owned real estate located within the boundaries of the
Airport Reserve as defined in KMC Chapter 21.05, Airport Administration and Operation.
2. Airport Manager — the official to whom the City Manager of the City has delegated the
authority and responsibility of managing and directing the activities of the Airport. "Airport
Manager" includes that person's authorized representative.
3. City — the City of Kenai, its elected officials, officers, employees or agents.
4. City Manager —the official to whom the Kenai City Council has delegated the responsibility
of managing and directing all activities of the City.
5. Contamination — the unpermitted presence of any released Hazardous Substance.
6. Environmental Law — any applicable federal, state, or local statute, law, regulation,
ordinance, code, permit, order, decision, judgment of any governmental entity relating to
environmental matters, including littering and dumping.
7. FAA — the abbreviation for the Federal Aviation Administration.
8. Hazardous Substance — any substance that is defined under an Environmental Law as
hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant,
contaminant, petroleum, petroleum product, or oil.
9. KMC — the abbreviation for the Kenai Municipal Code.
10. Permanent Improvement — a fixed addition or change to land that is not temporary or
portable, including a building, building addition, gravel fill, pavement, retaining wall,
storage tank, well, and remediation of contamination for what the lessee is not responsible
LEASE OF AIRPORT RESERVE LANDS Page 1 of 28
ARTICLE I
PREMISES LEASED
A. PREMISES: In consideration of Lessee's payment of the rents and performance of all the
covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the City, the
following described property ("Premises") in the Kenai Recording District, Third Judicial District,
State of Alaska and located on the Airport; to wit:
Lot 4A, FBO Subdivision No.11, according to the
official plat thereof, filed under Plat No. 2021-44,
Records of the Kenai Recording District, Third
Judicial District, State of Alaska.
B. NO WARRANTY: Except as may be provided in this Lease, the City makes no specific
warranties, expressed or implied, concerning the condition of the Premises including, survey,
soils, wetlands, access, and suitability or profitability for any use including those authorized by
this Lease, its environmental condition, or the presence or absence of Hazardous Substances in,
on, and under the surface. The Lessee takes the Premises on an "as is" basis and without
warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title to
the Premises.
ARTICLE II
RIGHTS AND USES
A. AUTHORIZED USES:
USE OF PREMISES: The City authorizes the Lessee to use the Premises for the
following purposes only:
Air Tanker Reload Base
2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing, the
Lessee will operate on the Premises on a continuous basis, uninterrupted by any
period of closure over 15 consecutive days. The Lessee will give the City written
notice before closing the Lessee's business on the Premises for more than 10
consecutive days. The notice must state the reason for the closure and the date
on which the Lessee will re -open for business. This provision does not apply to
any period during which the Lessee is unable to operate its business as a result of
an act or directive of the City, or as a result of a closure of the Airport or loss of the
Lessee's buildings on the Premises due to fire or natural disaster.
B. RIGHTS RESERVED TO THE CITY:
RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others
any rights and privileges not specifically granted to the Lessee on an exclusive
basis. The rights and privileges granted to the Lessee in this Lease are the only
rights and privileges granted to the Lessee by this Lease.
LEASE OF AIRPORT RESERVE LANDS Page 2 of 28
2. EASEMENTS: The City reserves the right to make grants to third parties or
reserve to the City easements or rights of way through, on, or above the Premises.
The City will not grant or reserve any easement or right of way that unreasonably
interferes with the Lessee's authorized uses of the Premises.
3. INGRESS, EGRESS AND INSPECTION: The City reserves the right of ingress to
and egress from the Premises and the right to enter any part of the Premises,
including buildings, for the purpose of inspection or environmental testing at any
time. Except in the case of an emergency, all inspections and environmental
testing will be coordinated with the Lessee to minimize interference with the
Lessee's authorized uses of the Premises.
4. RIGHT OF FLIGHT: There is hereby reserved to the City, 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 of the Premises. This public right of flight
will include the right to cause in the airspace any noise inherent in the operation of
any aircraft used for navigation or flight through the airspace or landing at, taking
off from, or operation on the Airport.
C. PROHIBITED USES: Unless specifically authorized by this Lease or an amendment to
this Lease, the following are prohibited:
1. Any use of the Premises other than those authorized in this Lease.
2. Any use of the Premises that is in violation of a City Ordinance or an Airport
regulation.
3. The outside storage on the Premises of junk, salvage aircraft or vehicle parts, non-
operational support equipment, unused or damaged equipment or material, or solid
waste or debris unless allowed pursuant to a conditional use permit under KMC
14.20.
4. The disposal on the Premises or the Airport of waste materials generated by the
Lessee, including any Hazardous Substance, slash, overburden, and construction
waste.
5. The stripping, wasting, or removing any material from the Premises without the
prior written approval of the City.
6. Erecting structures or allowing growth of natural objects that would constitute an
obstruction to air navigation, or allowing any activity on the Premises that would
interfere with or be a hazard to the flight of aircraft, or interfere with air navigation
or communication facilities, serving the Airport.
7. Any use or activity that is prohibited by applicable law or regulation.
ARTICLE III
TERM & HOLDOVER
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A. TERM: The initial term of this Lease is for five (5) years, from the 1st day of July, 2022,
to the 30th day of June, 2027.
B. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after
the expiration, cancellation or termination of this Lease, the holding over will not operate as an
extension of the term of this Lease, but only creates a month -to -month tenancy, regardless of any
rent payments accepted by the City. The Lessee's obligations for performance under this Lease
will continue during the month -to -month tenancy. The City or Lessee may terminate the Lessee's
holdover with ten days' advance written notice.
ARTICLE IV
RENTS AND FEES
A. RENT: The initial rent for the Premises is $ 18,250.62 per year, as established by the City
pursuant KMC 21.10.090 and as subject to annual adjustment on July 1 of each year under Article
V of this Lease, plus applicable sales tax. The rent shall be payable annually in advance of the
first day of each year of the term of this Lease. All payments required by this Lease must be
made in U.S. dollars. If the annual rent exceeds $2,400, the Lessee may, upon written notice to
the City, choose to pay the rent in equal monthly installments, payable in advance on or before
the anniversary date of the term of this Lease and thereafter at monthly intervals. No conversion
of the payment schedule from annual to monthly shall result in the City receiving less rent than it
would have received had the conversion not taken place.
Rent Credit: A rent credit may be applied for a maximum of five years of lease
payments as provided in KMC 21.10.100 (as effective at the time this lease is
executed). Once the work is completed and value determined, a credit will be
applied to the lease payments, prorated as necessary for the successive five
years.
B. RENT PRORATED: Rental for any period less than one year shall be prorated on the
basis of the rent payable under this Lease in last full year previous to the prorating.
C. ADDITIONAL RENT: In addition to the rent specified in (a) of this Article, Lessee agrees
to pay to the appropriate parties all levies, assessments, and charges as follows:
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 the Lessee pays rent under this Lease on a monthly
or annual basis.
3. All taxes and assessments levied in the future by the City, as if Lessee was the
legal owner of record of the Premises.
D. PAYMENTS: The Lessee shall make checks, bank drafts, or postal money orders payable
to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210 Fidalgo
Avenue, Suite 200, Kenai, Alaska 99611-7794 or any other address the City may designate in
writing to the Lessee.
LEASE OF AIRPORT RESERVE LANDS Page 4 of 28
E. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and fees
required under this Lease will accrue interest at the rate of eight percent (8.0%) per annum.
Interest on disputed amounts will not be charged to the Lessee if the dispute is resolved in the
Lessee's favor.
F. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (E) of
this Article, each time the Lessee fails to pay any rent or fee by the date required in this Lease,
the City will charge, and the Lessee shall pay, an administrative penalty of ten percent (10.0%) of
the amount due and unpaid.
G. COURTESY BILLINGS: Lessee acknowledges that any billing statement issued by the
City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when due,
regardless of whether or not the Lessee receives a billing statement from the City.
H. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due and
unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the
Lessee's property, real or personal.
I. PAYMENT OF CITY'S COSTS: The Lessee will pay all reasonable actual expenses,
costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or protect
this Lease or City's rights under this Lease, including any expense incurred with respect to
environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease,
the Premises, or improvements or personal property on the Premises. The Lessee will make
payment within 30 days of the date of each notice from City of any amounts payable under this
provision.
J. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable fee
for any special services or facilities the City agrees to perform, which the City is not otherwise
obligated by this Lease to provide and which the Lessee requests from the City in writing.
ARTICLE V
ADJUSTMENT OF RENT AND FEES
A. RENT OR FEE ADJUSTMENT: The City shall adjust rent or fees payable by the Lessee
under Article IV or other provisions of this lease on July 1 of each year of the lease as proved in
KMC 21.10.090 (as effective at the time this lease is executed) and shall make any other
adjustments to rent as allowed for in KMC 21.10.090.
No rent or fee change shall be effective until 30 days after the date of the City's written notice to
the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent for the
Premises, the Lessee may appeal a rent change to the City as provided in KMC 21.10.090.
ARTICLE VI
ASSIGNMENT & SUBLETTING
A. INVALID WITHOUT CITY'S CONSENT: The Lessee may not assign, sublet, or grant a
LEASE OF AIRPORT RESERVE LANDS Page 5 of 28
security interest in, by grant or implication, the whole or any part of this Lease, the Premises, or
any improvement on the Premises without the written consent of the City. Any proposed
assignment, sublease, or security interest must be written and must be submitted to the City
bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft
documents for the City's conceptual review. However, the City's conceptual approval of a draft
document may not be construed as the City's consent to any assignment, sublease, or security
interest. All provisions in this Lease extend to and bind the assignees and sub -lessees of the
Lessee.
B. NO WAIVER OF CONSENT: The City's consent to one assignment, sublease, or security
interest will not waive the requirement for the Lessee to obtain the City's consent to any other
assignment, sublease, or security interest.
C. ASSIGNEE / LESSEE OBLIGATIONS: An assignment must include a provision stating
that the assignee accepts responsibility for all of the assignor's (Lessee's) obligations under this
Lease, including environmental liability and responsibility. However, unless the City specifically
releases the Lessee in writing, the City may hold the Lessee responsible for performing any
obligation under this lease which an assignee fails to perform.
D. OCCUPANCY BEFORE CITY CONSENT: An assignee or sub -lessee may not occupy
the Premises before the City consents to the assignment or sublease in writing.
E. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an
assignment or a sublease, the terms of this Lease control.
F. LESSEE NOT RELIEVED OF OBLIGATIONS: The City's consent to any sublease does
not relieve or otherwise alter the Lessee's obligations under this Lease.
G. SECURITY ASSIGNMENTS AND FINANCING:
Subject to the requirements of (A) of this Article VI, the Lessee may assign a
security interest in this Lease. The security interest may be in the form of a
mortgage, deed of trust, assignment or other appropriate instrument, provided
a. the security interest pertains only to the Lessee's leasehold interest;
b. the security interest does not pertain to or create any interest in City's title
to the Premises; and
C. the documents providing for the security interest are acceptable to the City.
2. If the assignment of a security interest to which the City has consented shall be
held by an established lending or financial institution, including a bank, an
established insurance company and qualified pension or profit sharing trust, and
the lending institution acquires the Lessee's interest in this Lease as a result of a
foreclosure action 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, the lending institution may transfer its interest in
this Lease to a nominee or a wholly owned subsidiary corporation with the prior
LEASE OF AIRPORT RESERVE LANDS Page 6 of 28
written consent of the City, provided, the transferee assumes all of the covenants
and conditions required to be performed by the Lessee (including payment of any
monies owed by Lessee to the City under the lease). In the event of such a
transfer, the lending institution shall be relieved of any further liability under this
Lessee.
3. A holder of a security interest in this Lease consented to by the City shall have,
and be subrogated to, any and all rights of the Lessee with respect to the curing of
any default of this Lease by Lessee.
4. A holder of a security interest consented to by the City that takes possession of
this Lease shall not be released from the obligations and liabilities of this Lease
unless the holder assigns its leasehold estate to an assignee who is financially
capable and otherwise qualified to undertake to perform and observe the
conditions of this Lease and the City consents to the assignment. The City's
consent will not be unreasonably withheld.
ARTICLE VII
MAINTENANCE, SNOW REMOVAL & UTILITIES
A. MAINTENANCE:
At no cost to the City, the Lessee will keep the Premises and all improvements on
the Premises clean, neat and presentable, as reasonably determined by the City.
2. At no cost to the City, the Lessee will provide for all maintenance and services at
the Premises as may be necessary to facilitate the Lessee's compliance with this
Lease and the Lessee's use of the Premises.
3. The Lessee shall comply with all regulations or ordinances of the City that are
promulgated for the promotion of sanitation. At no cost to the City, the Lessee
shall keep the Premises in a clean and sanitary condition, and control activities on
the Premises to prevent the pollution of water.
4. The Lessee agrees to comply with all decisions and directions of the City's Airport
Manager regarding maintenance and operation of the Airport, and the use of the
Airport by the Lessee.
B. SNOW REMOVAL:
At no cost to the City, the Lessee is responsible for snow removal on the Premises.
The Lessee shall dispose of snow in an off -Premises location approved in writing
by the City or provide suitable snow storage within the boundaries of the Premises
in accordance with all applicable federal and state laws. At the request of the
Airport Manager, the Lessee shall submit a snow removal plan for the Premises to
the Manager for review. Upon approval of the Lessee's plan by the Airport
Manager, the Lessee shall conduct all snow removal operations on the Premises
in accordance with the approved plan.
LEASE OF AIRPORT RESERVE LANDS Page 7 of 28
2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other aircraft -
maneuvering surface provided for common use by others without the prior written
of the Airport Manager.
3. Lessee agrees to not allow an accumulation of snow on the Premises that would
cause interference with adjoining leaseholders or other users of the Airport.
C. UTILITIES: Unless specifically provided otherwise in this Lease, the Lessee shall, at
no cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's use
of the Premises.
ARTICLE VIII
OPERATIONS
A. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its
employees, guests, contractors, sub -lessees, and vendors that perform any activity or function
authorized under this Lease shall do so in a manner that ensures the safety of people, the
protection of public health and the environment, and the safety and integrity of the Airport and the
Premises.
B. LESSEE'S CONTROL AND RESPONSIBILITY:
The Lessee will assume full control and sole responsibility as between Lessee and
City for the activities of the Lessee, the Lessee's personnel and employees, and
anyone else acting by, on behalf of, or under the authority of the Lessee on the
Airport, including the Premises.
2. The Lessee will immediately notify the City of any condition, problem, malfunction
or other occurrence that threatens the safety of people or the Airport, harm to public
health or the environment, or the safety or integrity of the Premises.
C. RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or device
that interferes with any government -operated transmitter, receiver, or navigation aid until the
cause of the interference is eliminated.
D. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on an
airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep the
Premises clean of fish slime, fish waste, or any other material that might attract birds or other
wildlife. The Lessee accepts full responsibility to maintain the Premises, control operations, and
take all reasonable measures to prevent a concentration of birds or other wildlife on the Premises.
E. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking
space on the Premises for Lessee's business or activities, or confine parking to such other places
on the Airport as may be approved or designated in writing by the Airport Manager.
ARTICLE IX
ENVIRONMENTAL PROVISIONS
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A. HAZARDOUS SUBSTANCE:
The lessee will conduct it business and/or operation on the Premises in compliance
with all environmental laws and permits. If hazardous substances are handled on
the Premises, the Lessee agrees to have properly trained personnel and adequate
procedures for safely storing, dispensing, and otherwise handling Hazardous
Substances in accordance with all applicable federal, state and local laws.
2. Lessee will promptly give the City notice of proceeding to abate or settle matters
relating to the presence of a Hazardous Substance on the Premises or from
Lessee's operations on the Airport. The Lessee will allow the City to participate in
any such proceedings.
B. REMEDIATION:
In the event of a Hazardous Substance spill on the Premises, the Lessee will
immediately notify the City and the Alaska Department of Environmental
Conversation and act, promptly, at its sole expense, to contain the spill, repair, any
damage, absorb and clean up the spill area, and restore the Premises to a
condition satisfactory to the City and otherwise comply with the applicable portions
of any environmental law.
2. In addition to any notices required by this Lease, the Lessee will immediately notify
and copy the City in writing of any of the following:
a. Any permit, enforcement, clean up, lien, removal or other governmental or
regulatory action instituted, completed, or threatened pursuant to an
Environmental Law.
b. Any claim made or threatened by any person against the Lessee or arising
from the Lessee's operations authorized by this Lease, relating to damage,
contribution, compensation, loss or injury resulting, from, or claimed to
result from any Hazardous Substances in, on, or under the Airport; or
C. Any report made by, or on behalf of, the Lessee to any environmental
agency arising out of or in connection with any Hazardous Substances in,
on, or removed from the Premises, including any complaints, notices,
warnings, or asserted violations.
3. Remediation and restoration of the contaminated area must meet all applicable
state and federal regulations and must meet the requirements of all governing
regulatory authorities.
D. ENVIRONMENTAL AUDIT: The Lessee will provide the City with all investigative data,
test results, reports, and any other information gathered or analyzed as part of or in relation to
any Environmental Assessment, characterization or audit on the Premises or the Airport that
Lessee performs or causes to be performed after the starting date of this Lease. The Lessee will
submit the data, result, report or information to the City within 60 days following the date on which
LEASE OF AIRPORT RESERVE LANDS Page 9 of 28
it becomes available to the Lessee.
E. RELEASE OF LESSEE: The City releases the Lessee from liability to the City for
Contamination and the presence of Hazardous Substances that existed prior to the
commencement date of this lease unless caused or materially contributed to by the Lessee.
F. SURVIVAL OF OBLIGATIONS: The obligations and duties of the City and Lessee under
Article IX of this lease shall survive the cancellation, termination or expiration of this lease.
ARTICLE X
INSURANCE
B. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force during
the term of this Lease, insurance of the type and limits required by this provision. Where specific
limits are set, they will be the minimum acceptable limits. If the Lessee's policy contains higher
limits, the City will be entitled to coverage to the extent of the higher limits. At the time insurance
in obtained by the Lessee, all insurance shall be by a company/corporation rated "A-" or better by
A.M. Best. The following policies of insurance are required with the following minimum amounts:
Commercial General Liability, including Premises, all operations, property
damage, products and completed operations, and personal injury and death,
broad -form contractual, with a per -occurrence limit of not less than $1,000,000
combined single limit. If this lease authorizes the Lessee to engage in the sale or
the commercial dispensing or storage of aviation fuel, the policy must not exclude
of Lessee's fuel handling activities. This policy must name the City as an additional
insured.
2. Commercial Automobile Coverage with not less than $1,000,000 combined single
limit per occurrence. This insurance must cover all owned, hired, and non -owned
motor vehicles used by the Lessee.
3. Workers Compensation Insurance. The Lessee will provide and maintain, for all
employees, coverage as required under AS 23.30.045, and, where applicable, any
other statutory obligations. The policy must waive subrogation against the City.
4. The Lessee will provide the City with proof of insurance coverage in the form of a
Letter of Sefl-Insurance.. All insurance required by this provision must provide that
the City be notified at least 30 days prior to any termination, cancellation, or
material change in the insurance coverage.
5. If the Lessee's insurance coverage lapses or is canceled, Lessee will immediately,
upon written notice by the City, halt all operations on the Airport, including the
Premises. The Lessee will not resume operations until the City receives evidence
that the Lessee has obtained current insurance coverage meeting the
requirements of this Lease.
6. The City may, at intervals of not less than five years from the beginning date of the
term of this Lease and upon written notice to Lessee, revise the insurance
LEASE OF AIRPORT RESERVE LANDS Page 10 of 28
requirements required under this Lease. City's determination to revise the
insurance requirements will be based on the risks relative to the Lessee's
operations, any insurance guidelines adopted by the City, and any applicable law.
7. If the Lessee subleases all or any portion of the Premises under the provisions of
this Lease, the Lessee will require the sub -lessee to provide to the insurance
coverage required of the Lessee under this Article X.
ARTICLE XI
LAWS & TAXES
A. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws, ordinances, and
regulations of public authorities now or hereafter in any manner affecting the Airport, the Premises
or the sidewalks, alleys, streets, and ways adjacent to the Premises, 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 consequences of any violation of such laws, ordinances, and/or
regulations; and
2. From all claims for damages on account of injuries, death, or property damage
resulting from such violation.
B. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation,
business, or trade to be conducted on the Premises contrary to any law, ordinance, or regulation,
including zoning ordinances, rules and regulations.
C. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits,
pay all taxes and special assessments lawfully imposed upon the Premises, and pay other fees
and charges assessed under applicable law. Nothing in this Lease prevents the Lessee from
challenging any taxes or special assessments to the appropriate authority.
D. LITIGATION: The Kenai municipal code, including regulations promulgated thereunder,
and the laws of the State of Alaska will govern in any dispute between the Lessee and City. If a
dispute continues after exhaustion of administration remedies, any lawsuit must be brought in the
courts of the State of Alaska, in Kenai, Alaska.
E. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which,
during the term of this Lease 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 Premises or improvements on the Premises by reason of its use or
occupancy or the terms of this Lease provided, however, that nothing in this provision shall
prevent Lessee from contesting any increase in a tax or assessment under any applicable law,
ordinance, or regulation.
F. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared
by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms,
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provisions, conditions, or parts shall continue in full force and effect as though the declaration had
not been made.
ARTICLE XII
LEASE TERMINATION
A. CANCELLATION: The City may, after 30 days' written notice to the Lessee, cancel this
Lease and recover possession of the Premises if any of the following violations occur, unless the
violation is cured within the 30 days:
The Lessee fails to pay when due the rents, additional rents, charges, or other
sums specified in this Lease, including any increases made under this Lease.
2. The Lessee's check for payment of any sum due under this Lease is returned for
insufficient funds.
3. The Lessee uses or authorizes the use of the Premises for any purpose not
authorized by this Lease.
4. The Lessee fails to fully perform and comply with any provision in this Lease.
5. The Lessee violates a provision of Kenai Municipal Code applicable to this Lessee.
6. The court enters a judgment of insolvency against the Lessee.
7. A trustee or receiver is appointed for the Lessee's assets in a proceeding brought
by or against the Lessee, or the Lessee files a voluntary petition in bankruptcy.
8. Failure by the Lessee to comply with any land development or permanent
improvement construction required by this Lease.
B. FISCAL NECESSITY — NON -APPROPRIATION OF FUNDS: The State has the right to
terminate this lease in whole, or in part, if (1) the Alaska State Legislature fails to appropriate
funds budgeted for continuation of this lease, and/or (2) the Alaska State Legislature fails to
appropriate funds to the occupying agency(s) that results in a material alteration or
discontinuance, in whole or in part, of the occupying agency(s)' programs. The termination of the
lease for fiscal necessity and non -appropriation of funds under this section shall not cause any
penalty or liability to be charged to the State and shall not constitute a breach or an event of
default by the State.
C. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated in accordance
with this Article XI I, or by summary proceedings or otherwise, or upon the Lessee's abandonment
of the Premises or a portion of the Premises, the City or its agents, servants, or representatives
may, immediately or any time thereafter, re-enter, and resume possession of the Premises or
portion thereof, and remove all persons and property therefrom, without being liable for any
damages therefore. No re-entry by the City shall be deemed an acceptance of a surrender of the
Lease.
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D. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will continue
to pay City rent after the expiration, termination, or cancellation of this lease and to abide by the
lease obligations, including providing proof of insurance coverage, through the date Lessee
relinquishes possession of and completely vacates the Premises. City will consider the Premises
completely vacated if the Lessee has
Remediated any environmental contamination for which the Lessee is responsible;
2. Restored the Premises to a neat and clean physical condition acceptable to the
City.
E. REASONABLE CURE:
In the case of a violation that cannot be reasonably cured within 30 days, a notice
of cancellation issued by the City to the Lessee under this Article is stayed if, within
the 30-day notice period, the Lessee begins and continues expeditious action to
cure the violation. The City will determine if a violation cannot be reasonably cured
within 30 days and what constitutes expeditious action.
2. In the case where, in City's sole determination, Lessee's violation is considered an
imminent threat to the airport, public health or safety, or the environment, City will
direct the Lessee to stop the activity immediately and may reduce the period to
cure the violation, or the City may correct the violation pursuant to (E) of this Article.
F. RIGHT OF CITY TO PERFORM:
If, after 30 days following notice the Lessee fails or refuses to perform any action
required by this Lease, the City will have the right, but not the obligation, to perform
any or all such actions required by this Lease at the sole expense of the Lessee.
The City will not take action if the Lessee begins and continues expeditious action
to perform any action required by this Lease that cannot be reasonably completed
within 30 days. The City will, at its sole discretion, determine what constitutes
expeditious action and if an action cannot be reasonably performed in 30 days.
The City will submit to the Lessee an invoice for the expenses incurred by the City
in the performance by the City of any required action. The Lessee will pay the
amount of each invoice within 30 days from issuance.
2. If Lessee fails or refuses to perform any action that has been deemed an imminent
threat the City will have the right, but not the obligation, to perform any or all such
actions required to expeditiously correct the imminent threat. Lessee shall
reimburse the City for any cost, including legal fees and administrative costs
reasonably incurred by the City in acting to correct the imminent threat violation.
G. WAIVER: A waiver by the City of any default by the Lessee of any provision of this Lease
will not operate as a waiver of any subsequent default. If the City waives a default, the City is not
required to provide notice to the Lessee to restore or revive any term or condition under this
Lease. The waiver by the City of any provision in this Lease cannot be enforced or relied upon
unless the waiver is in writing and signed on behalf of the City. The City's failure to insist upon
the strict performance by the Lessee of any provision in this Lease is not a waiver or
LEASE OF AIRPORT RESERVE LANDS Page 13 of 28
relinquishment for the future, and the provision will continue in full force.
H. AIRPORT CLOSURE:
party if:
If the City closes the airport to aircraft operations for sixty days or less, this Lease
will remain in full force and effect without adjustment
2. If the City closes the Airport to aircraft operations for more than sixty days, but not
permanently, and this Lease is for aviation or direct aviation support uses, the
Lessee may, upon written notice to the City, either terminate the Lease or retain
the Lease and receive a fifty (50%) percent rent reduction or credit for that portion
of the closure that exceeds sixty days.
3. If the City permanently closes the Airport to aircraft operations and
a. this Lease is for aviation or direct aviation support uses, the Lessee may
terminate this agreement by written notice to the City; or
b. this Lease is for non -aviation uses, the Lessee may request in writing to
have the Lease terminated. The City will consider the Lessee's request in
light of the City's best interest and either terminate the Lease, or deny the
Lessee's request in writing.
DISASTERS: The Lessee or City may cancel this lease upon written notice to the other
the Premises becomes unusable through no fault of either party and performance
under this lease becomes impossible; or
2. the Airport becomes unusable through no fault of either party and the performance
under this lease becomes impossible.
If the Lessee elects in writing that it will continue to operate after notice from City to Lessee that
the Airport has become unusable, the Lessee's obligations under the Lease will continue, but City
shall be under no obligation to continue to perform.
Causes for termination of the lease under this provision (G) include acts of God, the public enemy,
and the United States.
J. NATIONAL EMERGENCY: If the federal government declares a national emergency,
neither party may hold the other liable for any inability to perform any part of this Lease as a result
of the national emergency.
K. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XII,
Lessee shall, on the last day of the term of this Lease (including any extension or renewal thereof)
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,
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free and clear of all lettings and occupancies unless expressly permitted by the City in writing,
and free and clear of all liens and encumbrances other than those created by and for loans to
City.
L. OWNERSHIP AND DISPOSITION OF IMPROVEMENTS:
Ownership of Permanent Improvements: Permanent improvements on the
Premises, excluding Site Development Materials, constructed, placed, or
purchased by the Lessee remain the Lessee's property as long as this Lease
remains in effect, including any period of extension or holdover with the consent
of the Lessor.
2. Disposition of Site Development Materials: The Lessee acknowledges that,
once placed by the Lessee, the removal from the Premises of Site
Development Materials can damage the Premises, adversely affect surface
water drainage patterns, and destabilize adjacent structures. When placed on
the Premises by the Lessee, Site Development Materials, including building
pads, parking areas, driveways, and similar structures:
a. become a part of the realty and the property of the City of Kenai;
b. unless otherwise directed by the Lessor, must be maintained by the Lessee
throughout the term of this Lease, including any extensions and periods of
holdover; and
C. may not be removed by the Lessee without the prior written approval of the
Lessor.
3. Disposition of Personal Property and Permanent Improvements Other Than Site
Development Materials:
a. Unless the Lessor otherwise directs as provided below, when this Lease
expires, terminates, or is cancelled and is neither extended nor followed by
a successive lease, the departing Lessee may do one or more of the
following:
remove Lessee -owned Permanent Improvements from the
Premises, remediate any Contamination for which the Lessee is
responsible, and restore the Premises to a clean and neat
physical condition acceptable to the Lessor within 60 days after
the expiration, cancellation, or termination date of this Lease;
with written approval from the Lessor, sell Lessee -owned
Permanent Improvements to the succeeding lessee, remove all
personal property, remediate, any Contamination for which the
Lessee is responsible and leave the Premises in a clean and
neat physical condition acceptable to the Lessor within 60 days
after notice from the Lessor that the Lessor has approved an
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application for a lease of the Premises by another person or such
longer period specified in the notice, but in no event more than
180 days after the expiration, termination, or cancellation date of
this Lease;
iii. elect to have the Lessor sell Lessee -owned Permanent
Improvements at public auction as provided below, remediate
any Contamination for which the Lessee is responsible, and
restore the premises to a clean and neat physical condition
acceptable to the Lessor. If the Lessor sells Permanent
Improvements under this Paragraph for removal from the
Premises, the departing Lessee's obligation under this
Paragraph continues until the Premises are remediated and
restored to a clean and neat physical condition acceptable to the
Lessor after the improvements have been removed.
b. If the departing Lessee elects to have the Lessor sell Lessee -owned
Permanent Improvements at public auction per this Section, the Lessee
shall, within 30 days after the expiration, cancellation, or termination of this
Lease:
submit to the Lessor a written request and authorization to sell
the Permanent Improvements by public auction;
provide to the Lessor an executed conveyance document
transferring clear title to the Permanent Improvements to the
successful bidder at the public auction, along with authorization
to the Lessor, as agent for the Lessee for purposes of the sale
only, to endorse the name of the successful bidder on the
conveyance document upon receipt of payment of the successful
bid price; and
iii. before the date of the public auction, remove all personal
property, remediate any Contamination for which the Lessee is
responsible and leave the Premises in a neat and clean physical
condition acceptable to the Lessor.
C. When selling Lessee -owned Permanent Improvements at public auction for
the departing Lessee, the Lessor will establish the terms and conditions of
the sale. The Lessor shall pay the Lessee any proceeds of the sale of the
Permanent Improvements, less the administrative costs of the public
auction and any financial obligation the Lessee owes to the Lessor under
this Lease. Payment will be made within a reasonable time after the Lessor
completes the sale transaction and receives the proceeds, but not to
exceed 60 days. If all or a portion of the Permanent Improvements do not
sell at public auction, the Lessee will remove those Permanent
Improvements, remediate any Contamination for which the Lessee is
responsible and restore the Premises to a clean and neat physical condition
acceptable to the Lessor within 60 days after the auction.
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d. If the Lessee shows good cause to the Lessor and if it is not inconsistent
with the best interest of the City of Kenai, the Lessor will grant an extension
of time that is sufficient to allow the Lessee to remove or sell Lessee -owned
Permanent Improvements, remediate any Contamination for which the
Lessee is responsible and to restore the Premises to a clean and neat
physical condition acceptable to the Lessor.
e. The Lessor will, by written notice, direct the departing Lessee to remove
Lessee -owned Permanent Improvements from the Premises, to remediate,
consistent with applicable law, any Contamination for which the Lessee is
responsible and to restore the Premises to a clean and neat physical
condition acceptable to the Lessor if the Lessor determines in writing:
that the continued presence of the Permanent Improvements
on the Premises are not consistent with any written Airport
program or plan required for compliance with applicable
federal, state, or local law;
that the continued presence of the Permanent Improvements on
the Premises is not in the best interest of the City of Kenai; or
iii. that the Permanent Improvements present a hazard to public health
or safety.
The departing Lessee to whom the Lessor has issued direction under
Paragraph e of this Section shall comply with the Lessor's direction within
60 days after issuance of the direction and at no cost to the Lessor. If the
departing Lessee shows good cause to the Lessor, continues to work
diligently to comply with Lessor's direction, and if it is not inconsistent with
the best interest of the City of Kenai, the Lessor will allow in writing a longer
period that is sufficient to allow the Lessee to comply with the Lessor's
direction. A departing Lessee who fails to comply with a direction issued
by the Lessor under Paragraph e of this Section, shall, within 30 days of
being billed by the Lessor, reimburse the Lessor for any costs reasonably
incurred by the Lessor, including legal fees and administrative costs, to
enforce the Lessor's direction or to remove and dispose of unremoved
Lessee -owned improvements, remediate any Contamination for which the
Lessee is responsible and restore the Premises.
g. If the departing Lessee does not timely remove or sell the Lessee -owned
Permanent Improvements on the Premises in accordance with the
requirements of this Section, any remaining Permanent Improvements and
any remaining personal property of the departing Lessee will be considered
permanently abandoned. The Lessor may sell, lease, demolish, dispose
of, remove, or retain the abandoned property for Airport use as the Lessor
determines is in the best interest of the City of Kenai. The departing Lessee
shall, within 30 days after being billed by the Lessor, reimburse the Lessor
for any costs reasonably incurred by the Lessor, including legal and
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administrative costs, to demolish, remove, dispose, clear title to, or sell the
abandoned property and to remediate and restore the Premises.
h. After the expiration, termination, or cancellation of the Lease, including any
holdover, the departing Lessee loses all right to occupy or use the premises
without the express or implied consent of the Lessor. Except as the Lessor
notifies the departing Lessee otherwise in writing, the Lessor consents to
the departing Lessee's continued use and occupancy of the Premises to
diligently accomplish the requirements of this Section. Until the departing
Lessee relinquishes possession of and completely vacates the Premises
and notifies the Lessor in writing that it has relinquished and vacated the
Premises, the departing Lessee shall perform the following as if the lease
were still in effect,
pay rent to the Lessor;
maintain the premises;
iii. provide the Lessor with evidence of each insurance coverage, if
any, required under the Lease; and
iv. cease using the premises other than to diligently accomplish the
requirements of this Section, and to comply with the other
requirements of the Lease.
A departing Lessee will not be considered to have relinquished possession
and completely vacated the Premises until
the departing Lessee has:
(a) remediated, consistent with applicable law, any
Contamination for which the Lessee is responsible;
and
(b) restored the Premises to a clean and neat physical
condition acceptable to the Lessor; and
either
(a) removed all of the Lessee's Permanent Improvements and
personal property from the premises or sold the Permanent
Improvements and personal property to a succeeding
Lessee under the provisions of this Lease; or
(b) transferred title to the Lessee's Permanent Improvements
and personal property that remain on the premises to the
Lessor.
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ARTICLE XIII
GENERAL COVENANTS
A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands or
facilities without the written consent of the City is prohibited. This prohibition shall not apply to
use of areas designated by the City for specified public uses, such as passenger terminals,
automobile parking areas, and streets.
B. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not
limited to recording costs, shall be paid by Lessee.
C. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good order
at the Lessee's own expense, allowing no damage, waste, nor destruction thereof, nor removing
any material therefrom, without written permission of the City. At the expiration of the term fixed,
or any earlier termination of the Lease, the Lessee will peaceably and quietly quit and surrender
the premises to the City.
D. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the
Premises by the Lessee must be compatible with its surroundings and consistent with the uses
authorized under this Lease, as determined by the City. The Lessee must obtain the City's written
approval before placing fill material, beginning any land development, or constructing or
demolishing any improvements on the Premises, and before beginning any alterations,
modifications, or renovation of existing structures on the Premises. The Lessee must submit to
the City detailed drawings of the proposed development, alteration, modification, or renovation,
together with specifications or any other information the City reasonably requires. Further, the
Lessee will submit to City evidence of the Lessee's compliance with Federal Aviation
Administration regulation 14 CFR Part 77.
E. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee agrees
that City may modify this 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.
F. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and
covenants 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 Premises, except that the following shall not construed as a denial of the right of quiet or
peaceable possession:
Any inconvenience caused by public works projects in or about the Premises; and
2. Any other entries by the City on the Premises reserved or authorized under other
provisions of this Lease.
G. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the
City shall not be construed or held to be a partner or joint venture of Lessee in the conduct of the
Lessee's activities or business on the Premises. The relationship between the City and the
Lessee is, and shall at all times remain, strictly that of landlord and tenant, respectively.
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H. DISCRIMINATION: The Lessee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or state
law. The Lessee recognizes the right of the City to take any action necessary to enforce this
provision, including actions required pursuant to any federal or state law.
I. AFFIRMATIVE ACTION: If required by 14 CFR Part 152, subpart E, the Lessee will
undertake an affirmative action program to insure that no person will be excluded from
participating in any employment activities offered by the Lessee on the grounds of race, creed,
color, national origin, or sex. No person may be excluded on these grounds from participating in
or receiving the services or benefits of any program or activity covered by subpart E. The Lessee
further agrees that it will require its sub-organization(s) provide assurance to the City to the same
effect that they will also undertake affirmative action programs and require assurances from their
sub-organization(s) as required by 14 CFR, Part 152, subpart E.
Tenant shall use the premises in compliance with all other requirements imposed by or pursuant
to title 49, code of Federal Regulations, DOT, 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 the Regulation may be amended.
J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms,
conditions, and agreements of the parties and supersedes any previous understandings or
agreements regarding the Premises whether oral or written. No modification or amendment of
this Lease is effective unless in writing and signed on behalf of the City and the Lessee.
K. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce
reasonable rules and regulations governing the Airport, including the Premises. The City shall
not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights under
this Lease, on account of the exercise of the City's authority reserved under this provision.
Furthermore, the Lessee shall not be entitled to terminate the whole or any portion of the
leasehold estate created under this Lease, by reason of the exercise of the City's authority
reserved under this provision, unless the exercise thereof so interferes with Lessee's use and
occupancy of the Premises as to constitute a termination, in whole or in part, of this Lease by
operation of law under the laws of the State of Alaska and of the United States made applicable
to the states.
L. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not permit
any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or
available under the then existing laws, to stand against the Premises or improvements on the
Premises for any labor or material furnished to Lessee or claimed to have been furnished to
Lessee or to the Lessee's agents, contractors, or sub -lessees, in connection with work of any
character performed or claimed to have been performed on the Premises or improvements by or
at the direction or sufferance of Lessee. Provided, however, the 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. Upon a final determination of the lien or claim for lien, the 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.
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M. CONDEMNATION: In the event the 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 the condemnation or taking, the City and the Lessee shall make a good faith effort to
agree upon
the division of the proceeds;
2. the abatement in rent payable during the term or any extension of the term of this
Lease; and
3. other adjustments as the parties may agree upon as being just and equitable under
all the circumstances.
If, within thirty days after the award has been paid into Court, the City and Lessee are unable to
agree upon what division, abatement in rent, and other adjustments as are just and equitable, the
parties shall undergo mediation chosen by mutual agreement of the parties. If disputes are not
resolved through mediation, then the parties may submit to binding arbitration.
N. 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 on assignment as are provided for in this Lease.
O. NOTICES:
Any notices required by this Lease must be in writing and must be delivered
personally or mailed by certified or registered mail in a prepaid envelope. A mailed
notice
a. must be addressed to the respective party at the address written on the
first page of this Lease or to the latest address designated in accordance
with (2) of this Provision (0); and
b. shall be deemed delivered on the date it is deposited in a U.S. general or
branch post office.
2. The City or the Lessee may, from time to time, designate a new address at which
they will receive notices by providing the other party with written notice at least 15
days prior to the effective date of the change. An address change notice must be
delivered according to the procedure set out in (1) of this Provision (0).
P. RETENTION OF RENTAL: In the event the City terminates this Lease because of any
breach by the Lessee, the City shall retain any unused balance of the rental payment last made
by the Lessee City as partial or total liquidated damages for the breach.
Q. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and
take all necessary action to suppress destructive or uncontrolled fires and comply with all laws,
regulations, and rules promulgated and enforced by the City for fire protection on the Airport.
LEASE OF AIRPORT RESERVE LANDS Page 21 of 28
R. PERSONAL USE OF MATERIALS: No interest in coal, oil, gas or any other mineral, or in
any deposit of stone or gravel valuable for extraction or utilization is included in the Premises or
in the rights granted by this lease. The Lessee shall not sell or remove from the Premises for use
elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building
or commercial purposes.
S. APPROVAL OF OTHER AUTHORITIES: The granting of this lease by the City does not
relieve the Lessee of the responsibility to obtain any license or permit as may be required by
federal, state, or local law.
T. EXECUTION BY THE PARTIES: This Lease is of no effect unless signed by the Lessee,
or a duly authorized representative of Lessee, and an authorized representative of the City.
U. CAPTIONS: The captions of the provisions of this Lease are for convenience only and do
not necessarily define, limit, describe, or construe the contents of any provision.
V. RIGHTS OF CONSTRUCTION: This Lease is intended to make public property available
for private use, while at all times protecting the public interest to the greatest extent possible.
Following the rule that transfers of interest in public property are to be strictly construed in favor
of the public property landlord, all rights granted to the Lessee under this Lease will be strictly
construed, and all rights of the City and the protections of the public interest will be liberally
construed.
W. LESSEE ACKNOWLEDGEMENT: The Lessee acknowledges that the Lessee has read
this Lease and fully understands its terms, that the Lessee has been fully advised or has had the
opportunity of advice by separate legal counsel, and voluntarily executes this Lease. Lessee also
acknowledges and agrees that the rule of interpretation under which a document is construed
against the drafter will not apply to this Lease.
X. APPROVAL BY LESSOR: Any approval required of the Lessor by this Lease will not be
unreasonably withheld. The Lessor's approval does not waive the Lessee's legal responsibility
or liability to comply with all applicable federal and state laws and regulations.
ARTICLE XIV
SURVEY, IMPROVEMENTS AND PERFORMANCE BOND
A. SURVEY: The Lessee is solely responsible, at its sole expense, to confirm or establish
the physical location of the boundaries of the Premises prior to beginning any construction
thereon, including clearing grubbing, back -filling and environmental sampling. Any survey of the
Premises shall be performed by a Land Surveyor registered in the State of Alaska. The Lessee
shall furnish the City with a copy of the plat of any survey performed on the Premises by, or on
behalf of, the Lessee.
B. IMPROVEMENTS:
REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete
land development and construction of Permanent Improvements including
electrical service improvements and a concrete containment barrier, by no later
than June 30, 2024, with an aggregate cost of at least $ 10,000.00, excluding
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Page 100
financing costs. In addition to the as -built drawings required by this Lease, the
Lessee must submit to the City written evidence that the Lessee has completed
the land development and constructed improvements on the Premises with an
aggregate cost or investment of not less than $ 10,000.00.
Lot developments will prevent unauthorized access to the airfield;
Structures will be built behind the 100 foot building restriction line;
State of Alaska, Division of Forestry is responsible for all snow removal, and snow
may not touch the perimeter security fence or be piled to a height that would allow
access to the airport.
The evidence of cost must be submitted to the City within sixty days of the
completion of the development and improvements, but by no later than August 29,
2024.
a. Costs considered toward the aggregate cost of permanent improvements
include building construction, design, labor, materials, materials shipping,
permits, equipment, soil testing, environmental baseline report, and
environmental assessment directly related to the construction; premises
and as -built surveys; site preparation, including excavation, geotextile
fabric, filling, grading, fill material, gravel, and pavement, remediation of
environmental contamination (unless Lessee caused or Materially
Contributed To the Contamination); and utility connection costs.
b. The cost of Permanent Improvements excludes:
1. work performed by the City and not reimbursed by the Lessee;
and
2. work performed by the Lessee and reimbursed by the City.
2. FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete the
required construction within the time allowed under (b)(1) of this Article, including
any extensions granted, the City will execute against and the Lessee will forfeit,
any bond or other guarantee given by the Lessee and, as applicable, City will:
a. initiate cancellation of the lease; or
b. reduce the term of the lease to a period that is consistent with the portion
of the required construction timely completed.
3. APPEARANCE: When completed, all improvements on the Premises must be
neat, presentable, and compatible with the authorized use of the Premises under
this Lease, as determined by the City.
4. CITY APPROVAL REQUIRED: The Lessee must first obtain the City's written
approval before beginning any land development, construction or demolition of any
improvements on the Premises, or before beginning any alterations, modifications,
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Page 101
or renovation of existing structures on the Premises. The Lessee must submit to
the City detailed drawings of the proposed development, alteration, modification,
or renovation. Further, the Lessee will submit to City evidence of the Lessee's
compliance with the FAA regulation 14 CFR Part 77.
5. CITY APPROVAL WITHHELD: The City's approval of any construction, alteration,
modification, or renovation will not be withheld unless
a. the Lessee fails to demonstrate adequate financial resources to complete
the project;
b. the project plans, specifications, and agency approvals are incomplete;
C. the proposed project would result in a violation of an applicable ordinance,
regulation, or law;
d. the proposed project would interfere with or is incompatible with the safety,
security, maintenance, or operation of the airport;
e. the proposed project is inconsistent with the Airport Master Plan;
the proposed project is inconsistent with the terms of the lease, zoning
ordinances, or the City's Comprehensive Plan;
g. the project plans do not make sufficient provision for drainage, aircraft,
vehicle, and equipment parking, or for snow storage; or
h. the proposed project does not conform to generally recognized engineering
principles or applicable fire or building codes.
6. DEMOLITION: Prior to any demolition of any structure(s) on the Premises, Lessee
will deliver to City a written scope of work that, at a minimum, lists the structure(s)
that are to be demolished and the timeframe for demolition and removal of the
debris from the Airport. City will review Lessee's scope for demolition and issue
Lessee written approval for the work to be done.
7. BUILDING SETBACK: No building or other permanent structure may be
constructed or placed within twenty feet of any lot of the Premises without City's
prior written approval. In addition, no building or other permanent structure may
be constructed or placed within twenty feet of any boundary line of the Premises
which fronts on a landing strip, taxiway, or apron.
8. AS -BUILT DRAWINGS: Within sixty days after completion of construction or
placement of improvements upon the Premises, the Lessee will deliver to the City
a copy of an as -built drawing, acceptable to the City, showing the location and
dimensions of the improvements, giving distances to all Premises' boundaries. If
the Lessee constructs underground improvements, the Lessee will appropriately
mark the surface of the land with adequate surface markers. The type, quantity,
and distance between such markers will be subject to approval of the City.
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Page 102
9. AIRPORT SECURITY FENCING: If any construction by the Lessee requires a
realignment or alteration of an existing security fence on the Premises or boundary
of the Premises, the Lessee agrees to realign or alter the fence in a manner
approved in writing by the Airport Manager. Anytime the fence must be breached
to allow the Lessee to complete improvement construction or fence modifications,
the Lessee shall, at the Lessee's sole expense place temporary barriers to
maintain the security of the Airport, as determined by the Airport Manager. If
damage occurs to a security fence on the Premises or boundary of the Premises
in connection with the Lessee's use or occupation of the Premises, the Lessee
shall promptly repair the fence to the satisfaction of the Airport Manager.
10. DAMAGE TO IMPROVEMENTS: If Lessee's improvements on the Premises are
damaged or destroyed, Lessee will cause the improvements to be repaired or
rebuilt, and restored to normal function within two years following the damage or
destruction. If the Lessee fails to timely rebuild or restore the improvements, the
City may, at its sole discretion, either reduce the term of this Lease commensurate
with the estimated value of the Lessee's remaining, fully functional improvements
on the Premises, or cancel this Lease.
11. DAMAGE NEAR EXPIRATION: If Lessee's improvements are damaged to the
extent that more than 50% of the space is unusable and the damage occurs within
five years of the expiration of the term of this Lease, Lessee may remove the
damaged improvements, restore the Premises and terminate this Lease.
C. PERFORMANCE BOND (Optional): Prior to beginning the construction of permanent
improvements required under (1) of this Article, the Lessee shall submit to the City a performance
bond, deposit, or other security in the amount of $ performance bond not applicable. The form
of the bond or other security shall be subject to the City's approval.
D. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease
or upon any earlier termination of this Lease, surrender and deliver upon 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 the City in writing,
and free and clear of all liens and encumbrances other than those created by and for loans to
City. Upon the end of the term of this Lease, including any extension or renewal, or any earlier
termination thereof, title to the buildings, improvements and building equipment shall
automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon.
However, if City should require any such 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 unites in connection herewith.
E. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three days
prior to commencing any construction project valued in excess of $1,000.00 on the Premises.
The Lessee agrees to assist in the posting of a notice of non -responsibility and maintenance of
the notice on the Premises during construction. Lessee agrees that in the event the Lessee fails
to notify the City as required by this Provision (f), the Lessee shall indemnify the City against any
LEASE OF AIRPORT RESERVE LANDS Page 25 of 28
Page 103
materialmen's liens as defined in AS 34.35.050 which arise as a result of construction on the
premises.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year
stated in the individual acknowledgments below.
LESSEE:
LESSOR:
STATE OF ALASKA DIVISION OF FORESTRY CITY OF KENAI
LEASE OF AIRPORT RESERVE LANDS Page 26 of 28
Page 104
Its:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
0
Date Paul Ostrander
Its: City Manager
ACKNOWLEDGMENTS
) ss.
Date
THIS IS TO CERTIFY that on this day of 1 , ,
, of being personally known to me or
having produced satisfactory evidence of identification, appeared before me and acknowledged
the voluntary and authorized execution of the foregoing instrument on behalf of said limited liability
corporation.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of 1 , Paul Ostrander, City
Manager of the CITY OF KENAI, ALASKA, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument on behalf of said City.
ATTEST:
Michelle Saner, City Clerk
SEAL:
Notary Public for Alaska
My Commission Expires:
After Recording, Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
LEASE OF AIRPORT RESERVE LANDS Page 27 of 28
Page 105
Approved as to Lease Form
Scott Bloom, City Attorney
LEASE OF AIRPORT RESERVE LANDS Page 28 of 28
ME
X r yllrO1234,T1
TITMEREAS, the special use permit to State of Alaska, Division of Forestry, for that portion of 1-11
4, FBO, Subdivision No. 7 as dielineateid as Lot 4A of the preliminary plat of FBO Subdivisii
No. 11 ex�pires on june 30, 2022; and, i
WHEREAS, on J�anu�ary 10, 2022, State of Alaska, Division of Forestry submitted an applicati
for a lease of City owned properties within the Airport Reserve, described as Lot 4A, FBA
Subdivision No. 11 to use as an air tanker reload base for wildiand fire prevention a•
suppression; andi,
WHEREAS, the State of Alaska, Division of Forestry lease application proposes improvements
including electrical service improvements and construction of a concrete containment barrier, an
investment that gives a lease term of 5 years according to the term table in Kenai Municipal Code
21.10.080; and,
Layout Plan, Federal; Aviation Administration regulations, Airport Master P'lan, Airport
Improvement Program grant assuranceis, and Airport operations; and,
r . AlffAlff"A=, =1TC!,,Trr7=M ri a T recerre a 7-77-71 F nr a pp
*f publishing a public notice ofthe lease apponi, from State, of Alaska, Division of Forestry;
?.nd,
TVAEREAS, at their regular meeting on February 9, 20!22, the Planning and Zoning Commission
reviewed the lease application and recommendedapproval by the City Council; and,
WHEREAQ, at thL u[tr me t' the Airtort Commission rAi�,iew:�O-,A
lease application and recommended approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That a Lease of Airport Reserve Lands is approved and the City Manager is
authorized to execute a lease between the City of Kenai, Lessor, and State of Alaska, Division of
Forestry, Lessee, with the following conditions:
Page 2 of 2
1. Lot improvements as outlined in tease application from State of Alaska, Division of
Forestry include at a minimum electrical service, improvements and a concrete
containment barrier with an estimated $10,000 m,inimium value to be completed within two
(2) years of signing the lease;
2. Evidence must be submitted to the City within 60 days of the completion of the
development and improvements;
3, The lease term will be 5 years;
4. Lot developments are required to prevent unauthorized access to the, airfield,
5. Structures must be built behind the 1010 foot building restriction line;
6, State of Alaska, Division of Forestry is responsible for all snow removal, and snow may
not touch the perimeter security fence or be piled to, a height that would allow access to
the airport,
I1!!!Il1!!!Ii1 I
I UIII -1 T-�l MO: � I �
"M T, & SM NO
LA
ATTEST:
Michelle M. Saner, MMC, City Clerk
New Text Undedined; [DELETED TEXT BRACKETED)
City of Kenai 1210 Fidalgo Ave, Kenai, A K 99611-7794 1907.283.7535 1 wwwkenaikity
TO:
Mayor Brian Gabriel and Kenai City Council
THROUGH:
Paul Ostrander, City Manager
F'RO�M:
Ryan Foster, Planning Director
DATE:
February 22, 2022
SUBJECT:
Resolution No. 2022-11O — Approving the Execution of a Lease to State
of Alaska, Division of Forestry.
On July 1, 2021, State of Alaska, Division of Forestry entered into a Special Use Permit for portler.9
of Lot 4, FBO, Subdivision Nol. 7 as delineated as Lot 4A of the preliminary plat of FBO Subdivisi
No. 11,, The Special Use Perm,it was the only option availaible for continuing Division of Forest
utilization of the property since the subdivision for the City Sand Storage Facility was n
completed/recorded at the time their previous lease expired on June 30, 2021, The Special U
Permit terminates oni, June 30, 2022
The Division of Forestry proposes electrical service improvements and a concrete containment
barrier with an estimated $10,000 value of improvements to be completed within two (2) years of
signing the lea�se, Activities noted on the application is an air ta�nker reload base for wildland fire
prevention and suppression. The requiested lease term is 5 years with a starting annual lease rate
of $18,250.62,
The parcel is within the Airport Light Industrial (ALI) Zone. Pursuant to KMC 14,20,065, the
purpose of the ALI Zone is to, protect the viability of the Kenai Municipal Airport as a significant
resource to the community by encouragling compatible land uses and reducing hazards that may
endanger the lives and property of the public and aviation usersi, The proposed aeronautical use
is a permitted and compatible use in the ALI Zone.
I LIM
: Tl�ffifflflff HIM. imilffiffilm 111iiiii i i T,
a - ; of I I - - - . - - . .
The proposed use complies with the Imagine Kenai 2030 Comprehensive Plan ppo
by surti
development on lease lots with development that is in afignment with the Kenai Municipal Airporit
marketing strategy.
Goal 7 — Natural Hazards and Disasters; Prepare and protect the citizens of Kenai from natural
hazards ands disasters
I'll I I I 1 1, 111�111 1.1 1! 111 � !! 1 11111 1 1 1 � 111 1 111 1 � I III li� 1� iiiiiji
The 2016 Hazard Mitigation Plan states that "Dead and dying spruce trees pose the greatest risk
of wild fire on the entire KPB, including the City. Wildland fire is designated as a hazard in the
2018 State of Alaska H'MP with a high probability of occurring in the KPB." The air tanker reload
blase provides the Division of Forestry a base for wildland fire prevention and suppression
activities that protects both the City and the Kenai Peninsula Borough.
At their regWar meeting on February 9, 2022, the Planning and Zoning Commission reviewed the
lease application and recommended approval by the City Council, At their regular meeting or
February 10, 2022, the Airport Commission reviewed the lease application and recommended
approval by the City Council,
Thank you for your consideration.
Attachments:,
City of Kenai Land Lease Application from State of Alaska, Division of Forestry
Plat of FBOI Subdivision No. 11
Page 2 of 2
Tke City of Kenai I www.kenai.city
Application for: El New Lease
El Amendment 0 Extension
77
E] Assignment
El Renewal
a w M n Date.
. .....
.. .
....
!Naime of Applicant: state of Alaska, Division of Forestry
Mailing Address: 550 W. 7th Ave.
Phone....
'
#I * w � wr *� w—j'Work/ Message . _ 269-8461
FM -i
Name to "rw;Mr omm> 'ate of Alaska
Phone Number(s): dHome Phone: 269-8461 Work/ Message Phone: 269-8461
II
E-mail: (Optional) J michael.burkhead@alaska.gov
E.1 nid vidual (at leasti years of age) 1 Partnership CorporationGovernment
El Limited Liability Company (LLC) 0 Other
s
w_ M r w w Mw- M rrHill -r _w • w., w w w M wM-
[Doeis the property _w - subdivision? _ answer- questions)
O
Subdivision costs- responsibilityof the applicant
determines a subdivisionother City purposes:
1. Do you believe the proposed subdivision would serve other City purposes?
El YES El NO
determined it does not,applicant is responsible for all subdivisioncosts.MB
If an appraisal is required to determine the minimum price on the land, applicant is responsible
�for the deposit to cover costsassociated with appraisal.approved,the costofthe
InitialsM B
jappraisal will be either refunded or credited to the ap ficant.
71tis the responsibility of the applicant to cover recording costs associated with lease.
Initials
Do you have or have you ever had a Lease with the City? (if Yes, answer next question),
Ex] YES ONO
1. Legal or brief description of property leased:
Lot % M d toL
P-juest a Lease with an Option to Purchase once development requirements are met?
El YES 1K NO
F luestedterm for Initial Lease or Renewal (based on Term Table, not to exceed 45 years). 5 years
Requeste term for Lease Extension (based on Term Table, not to exceed a total of 45 Years):
Requested Starting Da2022
Proposed Use (check one) xI Aeronautical Non -Aeronautical
Do you plan to construct new or additional improvements? (if Yes, answer next five qu!estions) Ix YES L Nit
1. Will the improvement change or alter the use under an existing lease? U, YES L NO
-------------------------------------
2. What is the proposed use of the improvement? Air tanker reload infrastructure
I What is the estimated value of the improvement? $10,000
4. What is the nature and type of iimprove,ment?
Containment barriers, electrical service improvements
5. What are the dates construction is estimated to commence and be completed?
(general�ly, construction must be completed within two, years),
Estimated Start Date: july 1, 2022 Estimated Completion Date: june 30i,20124
Describe the proposed business or activity intended:
Air Tanker Reload Base
............. . . . . . ....... . ........ . ................. . . . . .................. . . . ........... .. . ..
ow does the proposed lease support a thriving, business, residential, recreati on -al, orcultural community?
Utilized for wildland fire prevention and suppression.
. . . ..... .. ...... .
Lease Assignment Only: What is the name of the individual or legal entity the lease is to be assigned?
State of Alaska
. . . . ..........
Renewal of an Existing Lease (at least one year of term remaining): Requires new development.
'Lease Term biased on: Estimated cost of new improvements and I Purchase Price (optional)
I Renewal of an Expiring Lease (less than one year of term remaining): Does not require new development.
Lease Term biased oPurchase Price L.. Professional Estimate of Remaining Useful Life
I Fair Market Value appraisal and/or 7 Estimated cost of new improvements (optional)
Requested Term for Renewal Based on Term Table, not to exceed 45 Years:
KID I
ir 1- 1, IN j,
#4 UAICTIU a -tea:: 0 nu Inal. ITIc Tinuing! a I
not in the best interest of the Ci�ty
Signature:
Print Naime., Procu remenit Specialist I
hael Burkhead
LmAic
.. . . .. . ............ ...
or City Use Only: Date Application Fee Receivedo
* General Fund" 0 Airport Reserve Land Date Application Determined Compli
etw
* Airport Fund 0 Outside Airport Reserve 30-Day Notice Publication Date,,
Account Number-,, City Council Action/Resolutiom
V
FA
I
MEMNERIUM
0
im
life
W N
cl T9
Oil
Ll till
A
V11 k
Fit
Departtrient, of Page114
July 1, 2021
Certificate of Self -Insurance
To Whom It May Concern,
11DllVllSllON OF" I IISIKM INA(A^." 'Y11^."li" T
scrota forcla n, II:Daiu~ealor
1.0.3ox 11018
1111`lf':,<.M11 AIC:M4'i4C:M 9981 1 0218
The State of Alaska and its agencies are covered for property and liability exposures. Losses that
fall within these self -insured levels, including those for which we are contractually liable, are
covered by the financial resources of the State and are administered under the self -insured claims
program handled by this office. Workers' Compensation coverage is also provided through the
State of Alaska self -insured program (authorized by AS 23.30.090).
Given the State of Alaska self -insures the insurance protection you are requesting evidence for;
we are unable to name additional insureds or produce a standard certificate of insurance that you
would commonly receive from other entities. The State of Alaska, through this office, provides
the comprehensive liability insurance coverage through our program of self-insurance for the
activities and operations of the Department of Natural Resources.
Please call me at (907) 465-5724 if you have any questions or need further clarification of the
State's self-insurance program.
Sincerely,
Sheri Gray
Risk Manager
KENAI CITY COUNCIL — REGULAR MEETING Page 115
JUNE 15, 2022 — 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 June 15, 2022, 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
Teea Winger
Glenese Pettey
Henry Knackstedt
A quorum was present.
Also, in attendance were:
James Baisden
Deborah Sounart
Jim Glendening, Vice Mayor
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Terry Eubanks, Finance Director
Scott Curtin, Public Works Director
Brad Walker, Parks and Recreation Director
Ryan Foster, Planning Director
Dave Ross, Police Chief
Shellie Saner, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the Packet:
Add to item B. 1. Scheduled Public Comments — Rights of Grand Juries
• Additional Information Provided by Presenter — Representative Ben
Carpenter.
Add to item D. 7. Resolution No. 2022-51
• Airport Commission Lawton Acres Memo/Minutes City Manager
• Summary of Technical Amendments Memo City Manager
Add to item G. 2. Action/Approval — FY2022 Purchase Orders Over $15,000
• Requested Amendment Memo City Manager
Add to item G. 13. New Business — Ordinance 3295-2022 (introduction)
• Public Comment City Clerk
Council Member Knackstedt requested agenda item G. 2. Action Approval of the FY2022 Purchase
Orders Over $15,000 be removed from the consent agenda.
City of Kenai Council Meeting Page 1 of 12
June 15, 2022
Page116
MOTION:
Council Member Knackstedt MOVED to approve the agenda with the requested additions; and to
Suspend the Rules to address agenda item G. 2. Action Approval of the FY2022 Purchase Orders Over
$15,000 prior to agenda item D. Public Hearings. Council Member Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda. Council Member Baisden
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.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; 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 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
Representative Ben Carpenter, provided an update on the process of working with the State Attorney
General on the Rights of Grand Juries. He referenced sections of the Constitution of the State of Alaska,
portions of Alaska Statutes, the Alaska Court Rules and the Rules of Criminal Procedures, identifying the
specific sections which are important to maintaining the Grand Juries ability to investigate; clarifying that
the Prosecutor does not get to choose when the Grand Jury investigates.
There was discussion regarding not needing to change the laws; the policies of the Department of Law
needing to be changed; the Department of Law being accustomed to operating this way and having no
rules to operate differently; and the changes from previous versions of the Grand Jury Handbook and the
current version being used today.
C. UNSCHEDULED PUBLIC COMMENTS
Patricia See addressed the Council regarding previous practices when abandoned structures would be
used for Fire Fighter training and requested those practices be reinstated with certain abandoned
properties in the area.
There was discussion regarding the practice no longer being used because it was not environmentally
friendly and recommended that Ms. See contact the administration regarding other options related to
abandoned structures.
[Clerk's Note: At the setting of the Agenda, the motion to suspend the rules to hear New Business, Action
Approval — FY2022 Purchase Orders Over $15, 000 prior to Public Hearings was approved by unanimous
consent.]
G. 2. Action/Approval — FY2022 Purchase Orders Over $15,000. (Administration)
City of Kenai Council Meeting Page 2 of 12
June 15, 2022
Page117
MOTION:
Council Member Knackstedt MOVED to approve the FY2022 Purchase Orders Over $15,000. Council
Member Baisden SECONDED the motion.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend Action Approval of the FY2022 Purchase Orders over
$15,000 to add a new item to read, "Vendor: Larson Engineering & Design Description: FY22 Tower
Study I P.O. # - DEPT.: 1124639 — Non -Departmental I Reason: Tower Study Amount: 34,750.00 1 Total
PO AMT: 34,750.00". Council Member Baisden SECONDED the motion to amend.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
UNANIMOUS CONSENT was requested on the main motion as amended.
VOTE: There being no objection; SO ORDERED.
D. PUBLIC HEARINGS
1. Ordinance No. 3294-2022 - Accepting and Appropriating Funding from the State of
Alaska Department of Natural Resources, Division of Forestry, to Support Spruce Beetle
Mitigation and Hazard Fuel Reduction. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3294-2022. Council Member Sounart
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
There was discussion related to properly notifying the public about the Spruce Bark Beetle Slash Disposal
Site; it was reported that a little over sixteen acres had been mitigated; and clarified that the number of
acres mitigated are reported by the individual members of the public when they utilize the slash site.
VOTE:
YEA: Knackstedt, Gabriel, Glendening, Baisden, Sounart, Pettey, Winger
NAY: None
MOTION PASSED.
2. Resolution No. 2022-46 — Authorizing Award of a Sole Source Contract to Perform a
Communications Tower Study. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-46. Vice Mayor Glendening
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was reported that with the amendment to agenda item G. 2. Action Approval of the FY2022 Purchase
Orders Over $15,000 this resolution was no longer needed.
MOTION:
Council Member Knackstedt MOVED to postpone Resolution No. 2022-46 indefinitely. Vice Mayor
Glendening SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to postpone indefinitely.
City of Kenai Council Meeting Page 3 of 12
June 15, 2022
Page118
VOTE: There being no objection; SO ORDERED.
3. Resolution No. 2022-47 —Authorizing the Use of the Equipment Replacement Fund and
Authorizing Award of a Contract for the Purchase of a Replacement Ambulance for the
Kenai Fire Department. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-47. Council Member Sounart
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
4. Resolution No. 2022-48 — Amending the Employee Classification Plan by Changing the
Title of the Accountant Class of Employees to a Controller and Increasing the Range.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-48. Council Member Pettey
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was reported that this was a housekeeping item to address the change processed through the adoption
of the FY2023 budget and this would be the final step.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
5. Resolution No. 2022-49 — Authorizing Binding of Airport Owners and Operators Liability
Insurance Coverage for July 1, 2022 through June 30, 2023. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-49. Council Member Pettey
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
6. Resolution No. 2022-50 — Authorizing a Budget Transfer in the General Fund, Public
Works Department — Streets Division for the Purchase of Sanding Equipment.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-50. Council Member Sounart
SECONDED the motion.
City of Kenai Council Meeting Page 4 of 12
June 15, 2022
Page119
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
7. Resolution No. 2022-51 — Adopting the City of Kenai Land Management Plan
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2022-51. Council Member Baisden
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was reported that technical amendments made throughout the document were identified in the laydown
memo and compiled from comments received from Council and Commission members; additionally, the
Iaydown contained Airport Commission documents recommending Lawton Acres remain as dispose.
MOTION TO AMEND:
Council Member Winger MOVED to amend the City of Kenai Land Management Plan, to amend parcel
numbers 04301041 and 04301039 appearing on Map 15. Float Plane Basin Subdivision & Vicinity, by
changing the retention status from Mixed-Retain/Dispose-Lease Only to Retain, for use as buffer/green
space between the neighborhood and the airport. Vice Mayor Glendening SECONDED the motion.
There was discussion regarding potential future residential development; previous development attempts
and public comments in opposition to that development; and providing a buffer between the neighborhood
and airport.
VOTE MOTION TO AMEND:
YEA: Baisden, Glendening, Sounart, Winger
NAY: Gabriel, Pettey, Knackstedt
MOTION TO AMEND PASSED.
MOTION TO AMEND:
Council Member Winger MOVED to amend the City of Kenai Land Management Plan, to amend parcel
number 04301042 appearing on Map 15. Float Plane Basin Subdivision & Vicinity, by changing the
retention status from Mixed-Retain/Lease-Dispose Only to Retain. Vice Mayor Glendening SECONDED
the motion.
There was discussion regarding maintaining a buffer between the neighborhood and airport; and
clarification provided that General Fund and Airport Fund lands could not be combined.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the City of Kenai Land Management Plan, to amend
parcel number 04101004 appearing on Map 16. Kenai Municipal Airport, by changing the retention status
from Retain to Mixed-Retain/Dispose Lease Only. Council Member Baisden SECONDED the motion.
It was clarified that this would allow development of lease lots.
City of Kenai Council Meeting Page 5 of 12
June 15, 2022
Page120
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the City of Kenai Land Management Plan, to amend
parcel number 04322023 appearing on Map 23. Cook Inlet Industrial Air Park (CIIAP) Subdivision, by
changing the retention status from Dispose to Dispose -Lease Only. Council Member Baisden
SECONDED the motion.
It was clarified that this amendment was recommended by the Airport Commission.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Winger MOVED to amend the City of Kenai Land Management Plan, to amend the title
from City of Kenai Land Management Plan to City of Kenai Land Management Inventory and
Recommendations. Council Member Baisden SECONDED the motion.
It was clarified that the change to the title was recommended by multiple commissions and would more
clearly identify the intent of the document.
UNANIMOUS CONSENT was requested the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Winger MOVED to amend the City of Kenai Land Management Plan, to amend parcel
number 04317038 appearing on Map 17. Gusty Subdivision, Kenai Cemetery, by changing the retention
status from Retain to Mixed-Retain/Dispose Lease Only; and to modify the narrative on page 71 relative
to this parcel to read: "subdivide cemetery property from NE portion which would be usable for airport
purposes." Council Member Baisden SECONDED the motion.
It was clarified that the recommendation came from the Planning and Zoning Commission and Parks and
Recreation Commission and would allow land not used by the cemetery to be given back to the Airport.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the City of Kenai Land Management Plan, to delete, "It
is recommended that screening be a requirement of the development plan for the southern portion of the
parcel." from the last sentence of the last paragraph on page 153 and from the Comment section of parcel
number 04501003 shown on page 154. Vice Mayor Glendening SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Winger MOVED to amend the City of Kenai Land Management Plan, to amend parcel
number 04501061 appearing on Map 30. Baron Park Subdivision, by changing the retention status from
Dispose to Retain, on the remainder or the parcel not utilized by Triumvirate Theater of the Dog Park for
the expansion of recreational area. Council Member Baisden SECONDED the motion.
It was clarified this would allow for additional recreational opportunities near the pond.
UNANIMOUS CONSENT was requested on the motion to amend.
City of Kenai Council Meeting Page 6 of 12
June 15, 2022
Page121
VOTE: There being no objection; SO ORDERED.
General appreciation was stated for the work that went into this process by staff and the participation
from the commissions and public.
UNANIMOUS CONSENT was requested on the main motion as amended.
VOTE: There being no objection; SO ORDERED.
E. MINUTES
1. *Regular Meeting of May 18, 2022. (City Clerk)
2. *Regular Meeting of June 1, 2022. (City Clerk)
F. UNFINISHED BUSINESS
1. Ordinance No. 3293-2022 — Amending the Appendices to the Kenai Municipal Code to
Delete Cemetery Regulations, Amending Title 24-Municipal Cemetery, to Include Certain
Portions of the Appended Cemetery Regulations and Make Other Housekeeping Changes
and Adopting a Kenai Municipal Cemetery Regulations Policy. (City Clerk)
[Clerk's Note: At the Meeting of June 1, 2022, this Ordinance was Postponed to this Meeting, a Motion
to Enact is on the Floor.]
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
MOTION TO AMEND:
Council Member Winger MOVED to amend the Kenai Cemetery Regulations, to amend the Prohibited
section of the policy by adding, "Fire/Fames: Open flames or fires of any type are prohibited within the
confines of the Cemetery. This includes candles, memorial lanterns, barbeques or any other type of flame
or fire." Council Member Knackstedt SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Winger MOVED to amend the Kenai Cemetery Regulations, to allow picket fences or
establishing perimeters around an interment site, by amending the Plants and Decorations, Prohibited
section by deleting, "Enclosures such as picket fences or establishing a perimeter around an interment
site are prohibited." Vice Mayor Glendening SECONDED the motion.
There was discussion regarding individuals who would not want someone mowing over a loved one; the
ability for family members to personalize their loved ones resting place; long term maintenance costs
involved; and regulations being in place in the new section prior to any sales taking place, which would
clearly identify what is allowed to the purchaser.
It was clarified that staff does not step into the established perimeters in the old section and maintenance
is done with string trimmers from the outside of the perimeter.
VOTE ON MOTION TO AMEND:
YEA: Glendening, Winger, Gabriel
NAY: Baisden, Sounart, Pettey, Knackstedt
MOTION TO AMEND FAILED TO PASS.
MOTION TO AMEND:
Council Member Winger moved to amend the Kenai Cemetery Regulations, to remove the time
limitations for when plastic, silk or artificial flowers are permitted in the cemetery by amending the Plants
City of Kenai Council Meeting Page 7 of 12
June 15, 2022
Page122
and Decorations, Permitted section, second paragraph by deleting, "between May 1 and September 30.
Burials occurring between October 1 and April 30 may have decorations displayed but are subject to
removal thirty (30) days after burial." Vice Mayor Glendening SECONDED the motion.
There was discussion regarding clean up during the winter months; and it was clarified that this would
allow artificial decorations for holidays during the winter months.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Winger MOVED to amend the Kenai Cemetery Regulations to include material
requirements for markers or headstones, by amending the Marker and Headstone section to include,
"Markers shall be constructed of materials that will not decay, rot or decompose. Examples are hard
stone, concrete or hard metals." Council Member Knackstedt SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Baisden MOVED to amend Ordinance 3293-2022, Section 3, to amend the Cemetery
Fee Schedule to include, "Veterans Columbarium Niche $750.00". Council Member Winger SECONDED
the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
VOTE: There being no objection; SO ORDERED.
VOTE MAIN MOTION AS AMENDED:
YEA: Pettey, Winger, Knackstedt, Gabriel, Glendening, Baisden, Sounart
NAY: None
MAIN MOTION AS AMENDED PASSED.
2. Resolution No. 2022-37 - Removing the Moratorium on the Purchase of Standard
Cemetery Plots for the Sole Purpose of Reserving a Cemetery Plot Not Being Used for
Immediate Internment. (City Clerk)
[Clerk's Note: At the Meeting of June 1, 2022, this Resolution was Postponed to this Meeting; a Motion
to Adopt is on the Floor.]
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified. (Administration)
Approved by the consent agenda.
3. *Action/Approval — FY2023 Purchase Orders Over $15,000. (Administration)
Approved by the consent agenda.
4. *Action/Approval — Los Compadres Liquor License Renewal. (City Clerk)
City of Kenai Council Meeting Page 8 of 12
June 15, 2022
Page123
Approved by the consent agenda.
5. *Action/Approval —Special Use Permit to Empire Airlines, Inc. for Aircraft Loading and Parking.
(Administration)
Approved by the consent agenda.
6. *Action/Approval —Special Use Permit to Everts Air Fuel, Inc. for Aircraft Loading and Parking.
(Administration)
Approved by the consent agenda.
7. *Action/Approval — Special Use Permit to Crowley Fuels LLC for Aviation Fueling and Apron
Fueling Area. (Administration)
Approved by the consent agenda.
8. *Action/Approval — Special Use Permit to Alaska Geographic for a Vending Kiosk in the Airport
Terminal. (Administration)
Approved by the consent agenda.
9. *Action/Approval — Special Use Permit to United Parcel Service Co., for Aircraft Loading and
Parking. (Administration)
Approved by the consent agenda.
10. *Action/Approval — Special Use Permit to Kenai Aviation for Aircraft Parking. (Administration)
Approved by the consent agenda.
11. *Action/Approval —Special Use Permit to Alaska Air Fuel, Inc. for Aircraft Loading and Parking.
(Administration)
Approved by the consent agenda.
12. *Action/Approval — Fifth Amendment to Agreement for Restaurant Concessions with Situla LLC
(DBA Brother's Cafe) (Administration)
Approved by the consent agenda.
13. *Ordinance No. 3295-2022 — Amending the Official Zoning Map by Rezoning Certain Parcels
Southeast of Beaver Loop Road along Basin View Way, Kim N Ang Court, Cub Court, Ames
Road, and Dolchok Lane from Rural Residential to Rural Residential-1. (Administration)
Introduced by the consent agenda and Public Hearing set for July 6, 2022.
14. Action/Approval — Recommending the City of Kenai Representative for Appointment to the
Kenai Peninsula Borough Planning Commission. (City Clerk)
MOTION:
Council Member Glendening MOVED to recommend Diane Fikes for appointment to the Kenai Peninsula
Borough Planning Commission as the City of Kenai Representative. Council Member Pettey SECONDED
the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
City of Kenai Council Meeting Page 9 of 12
June 15, 2022
Page124
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
Council Member Knackstedt reported on the June 9, 2022 meeting; next meeting July 14, 2022.
2. Airport Commission
Council Member Baisden reported on the June 9, 2022 meeting; next meeting July 14, 2022.
3. Harbor Commission
Council Member Pettey reported on the June 6, 2022 meeting; next meeting August 8, 2022.
4. Parks and Recreation Commission
Vice Mayor Glendening reported on the June 2, 2022 work session; next meeting August 4, 2022.
5. Planning and Zoning Commission
Council Member Winger reported on the June 8, 2022 meeting; next meeting June 22, 2022.
6. Beautification Committee
No meeting.
7. Mini -Grant Steering Committee
No meeting.
I. REPORT OF THE MAYOR
Mayor Gabriel reminded everyone of the upcoming Independence Day Events, apologized for missing
the Employee Appreciation Dinner and thanked everyone for a good meeting.
J. ADMINISTRATION REPORTS
1. City Manager — City Manager Ostrander reported on the following:
• The need to contract for some hazard tree mitigation as they were outside of the capabilities
of the City.
• Dog Park update was included in the mid -month reports.
• Grants Writer Riley Shurtleff had resigned from the Grant Writer position, which would be filled
by Larry Persily.
• Ryan Foster resigned from the Planning Director position and Max Best will be the interim
Director until a permanent replacement is found.
• Met with Peter Evon, Executive Director of the Kenaitze Indian Tribe.
• Bridge Access Pedestrian path is in the design process with projected completion in 2024.
• Working with Governor Dunleavy's Chief of Staff Randy Ruaro on additional funding
opportunities for fire -wising our community.
• Bluff Erosion Project funding from the state are included in the budget which is expected to
be signed by the Governor later this month.
• The ordinance approving use of the Kenai Peninsula Borough quarry for the Bluff Erosion
project
2. City Attorney — City Attorney Bloom reported on the following:
City of Kenai Council Meeting Page 10 of 12
June 15, 2022
Page125
• Ownership of the Bowling Alley had changed and the new owners would soon be submitting
a demolition plan and timeline.
3. City Clerk — City Clerk Saner reported on the following:
• Vehicle for Hire renewals notices were sent out.
• Increased inquiries in Mobile Food Vendor and Transient Merchant Licensing.
• Clarified that City Code provides that usual customary items that are non -controversial may
be approved as consent agenda items; items on the consent agenda could be removed by
any Council Member; and the public could still speak to any item on the consent agenda.
K. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker) —None.
2. Council Comments
Council Member Pettey stated she enjoyed the Employee Appreciation event; reported that the two
individuals from our community who represented Alaska during the 2022 Special Olympic USA Games
in Orlando, Florida brought home gold and silver medals; wished Ryan Foster well; and noted she was
looking forward to working with Max Best and Larry Persily.
Council Member Sounart reported that for the first time in three years the Kenai Peninsula Orchestra
would be back together; she enjoyed attended the Kenai Kite Festival and the Employee Appreciation
Event; and wished Ryan Foster well.
Vice Mayor Glendening wished Ryan Foster well; reported attending the Employee Appreciation event;
noted his appreciation for the employees and being able to participate in the event.
Council Member Winger wished Ryan Foster well; thanked the administration for finding the interim
director; encouraged everyone to fire -wise their property; and wished everyone a happy and safe
Independence Day.
Council Member Knackstedt noted that this was one of the best Employee Appreciation events; the food
was excellent; and thanked Kenai Aviation and Dr. Zirul for the photo props; stated he was happy to see
the Land Management Plan (Plan) complete and thanked Mary Toll her contribution to the Plan.
L. EXECUTIVE SESSION — None.
M. PENDING ITEMS — None.
N. ADJOURNMENT
O. INFORMATIONAL ITEMS
1. Purchase Orders Between $2,500 and $15,000.
There being no further business before the Council, the meeting was adjourned at 9:30 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of June 15, 2022.
Michelle M. Saner, MMC
City Clerk
City of Kenai Council Meeting Page 11 of 12
June 15, 2022
Page126
** The student representative may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not
affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student
representative may not move or second items during a council meeting.
City of Kenai Council Meeting Page 12 of 12
June 15, 2022
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Page129
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City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Dan Castimore, IT Manager
DATE: June 20, 2022
SUBJECT: FY2023 Purchase order exceeding $15,000 to CDW Government.
The purpose of this memo is to request approval for a purchase order exceeding $15,000 to CDW
Government. The City currently relies on a tape backup library to maintain offline copies of City
data. The current tape library is no longer meeting the City's needs. The new tape library has
hardware features to prevent ransomware from deleting the content on the tapes. In addition, the
tape library is modular and can be repaired onsite if hardware failures occur. Finally, this system
is upgradeable to support any future growth. Quotes were solicited from three vendors and CDW
Government was the lowest price at $17,814.43. Your support is respectfully requested.
Page 130
mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO:
Mayor Gabriel and Council Members
THROUGH:
Paul Ostrander, City Manager
FROM:
Scott Curtin, Director of Public Works
DATE:
June 28, 2022
SUBJECT:
Purchase Order — Nalco Company LLC
The purpose of this memo is to request approval of a Purchase Order to Nalco Company LLC
which provides various proprietary chemicals for the Water Treatment Plant. The Purchase
Order, as budgeted, is in the amount of $70,000. This is a routine annual sole source purchase.
Account information below:
010-465-2022 Nalco Company LLC $70,000
Council's support is respectfully requested.
Page 131
mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: June 28, 2022
SUBJECT: Purchase Order — SGS Environmental Services
The purpose of this memo is to request approval of a Purchase Order to SGS Environmental
Services which provides various lab testing services throughout the year for our Water
Treatment and Waste Water Treatment Facilities. The Purchase Order, as budgeted, is in the
amount of $15,000. This is a routine annual sole source purchase. SGS has been the only
reliable testing service available to the City capable of completing required testing within our
permit requirements.
Funding for this Purchase Order is within the accounts below:
010-465-4531 Professional Services Water — SGS Environmental $7500
010-467-4531 Professional Services Waste Water — SGS Environmental $7500
Council's support is respectfully requested.
Page 132
LLLLLLLLLLLLLLLL
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: June 28, 2022
SUBJECT: Purchase Order — Kachemak Electric
The purpose of this memo is to request Council's approval to issue a Purchase Order to
Kachemak Electric in the amount of $28,000 to provide street light maintenance and repair
services as well as utility location services on an as needed basis through Fiscal Year 2023
ending June 301h, 2023. This is an annually budgeted amount.
The Public Works Department released a Request for Quotes on June 10, 2022 with quotes due
on June 24, 2022. The RFQ requested per unit costs for initial assessment of inoperable street
lights, labor for minor repairs like bulb and photocell replacements with materials to be billed at
actual costs, Labor costs for line break repairs, and individual utility locate costs.
ari . ..
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autanr'rauul f0i miiruu;ar repairs, (Bulb, ballast, pl,t atocell) .
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p or iirae break net [iglht, i.e if one break disabled puauur
lighLz, it's still one repair, The cost of any speciallzied
equipment to repair the break, Le. vac truck, excavator,
Matedalz WIll alll be at avfuiaf cost per supplier's invoice fdr
all repaiura, and Cary r ntraa br markup is to be indicated
here as a nefeentaaae of Overhead & Profit,
Per ird"vidua[ locate rerpka ap within 46 hours of notifuctic
U nil Prir as will carry throuailh to, Juaaa 301, 2023. Maio
Unit Cos
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be iner Occurrence.
Two quotes were received by the Department with Kachemak Electric providing the lowest
responsive responsible cost.
Issuance of this Purchase Order to Kachemak Electric and completion of this work is in the best
interest of the City, Council's support is respectfully requested.
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: June 29, 2022
SUBJECT: Purchase Order — Yukon Fire Protection Services
The purpose of this memo is to request approval of a Purchase Order to Yukon Fire Protection
Service for annual testing, inspection and monitoring services. Resolution 2020-93 awarded a
term service agreement to Yukon Fire, this Purchase Order will cover year three of the
agreement executed on December 22, 2020.
The contracted rate for these services is $15,148. Additionally there are another $18,577.20 in
identified repairs and replacements required, that were documented within FY22s annual
inspections. These repairs as identified on the quote received on 6/10/22 will be included in
this Purchase Order. Total Purchase Order amount will be $33,725.20.
Funding for this Purchase Order is within the accounts below:
Annual Amount Additional Repairs Total Amount
008-461-4538 AP Terminal $1,759 $26 $1,785
008-461-4538 Gen Bldg $782 - $782
008-462-4538 AP Ops $1,782 $835 $2,617
008-467-4538 Beacon $1,301 $193 $1,494
010-467-4538 WWTP $629 $416 $1,045
010-465-4538 WTP $351 - $351
001-434-4538 Buildings $6,996 $9,400.20 $16,396.20
009-462-4538 Vintage Pt $1,548 $7,707 $9,255
Council's support is respectfully requested.
Page 134
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City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Max Best, Interim Planning Director
DATE: June 27, 2022
SUBJECT: Action/Approval — Special Use Permit for Kenai Chamber of
Commerce and Visitor Center for the Moosemeat John Cabin
The Kenai Chamber of Commerce and Visitor Center has requested a Special Use Permit to use
and operate the Moosemeat John Cabin located on approximately 10,000 square feet (100 feet
x 100 feet) of Lot 1, Gusty Subdivision No. 8, a City -owned parcel upon which the Kenai Visitor
and Cultural Center is also located. Since 2013, the Kenai Chamber of Commerce and Visitor
Center has allowed the use of the Moosemeat John Cabin during the summer months by the
Kenai Historical Society in conjunction with its operations in Old Town Kenai. The Kenai Chamber
of Commerce operated on the premises from 1977 until 2012. In 2012, the Kenai Chamber of
Commerce merged with the Kenai Convention and Visitor's Bureau to form the new entity, "Kenai
Chamber of Commerce and Visitor Center".
A Special Use Permit was granted for the use of the Moosemeat John Cabin for twelve months
between July 31, 2021 and July 30, 2022. The Kenai Chamber of Commerce and Visitor Center
would like a Special Use Permit for the same use of the Moosemeat John Cabin for July 31, 2022
to July 30, 2023. The Kenai Chamber of Commerce and Visitor Center complied with the terms
of the Special Use Permit for the Moosemeat John Cabin for previous years of issuance.
At their regular meeting on June 8, 2022, the Planning and Zoning Commission recommended
approval of the special use permit.
If the City Council approves the attached Special Use Permit with the Kenai Chamber of
Commerce and Visitor Center for the Moosemeat John Cabin, the City Manager will sign the
Special Use Permit granting the continued use of the cabin by the Kenai Chamber of Commerce
on behalf of the City.
Thank you for your consideration.
Attachments:
1. Special Use Permit Application submitted on 5/2/22
2. Aerial Map
3. Special Use Permit for Moosemeat John Cabin
Page 135
City of Kenai
Special Use Permit
Application
KENAI Application Date: 5.2.2022
Name of applicant: Kenai Chamber of Commerce and Visitor Center
Mailing Address: 11471 Kenai Spur Highway City: Kenai State: I AK Zip Code:[99611
Phone Number(s): Home Phone: ( ) 'Work/ Message Phone: ( )283.1991
E-mail: (Optional) brett@kenaichamber.org
Name to Appear on Permit: Kenai Chamber of Commerce and Visitor Center: Brett Perry
Mailing Address: 11471 Kenai Spur Highway City: Kenai State: I AK zi�Code. 99611
Phone Number(s): Home Phone: ( ) Work/ Message Phone: { ) 283.1991
E-mail: (Optional) brett@kenaichamber.org
Type of Applicant: ❑ Individual (at least 18 years of age) ❑ Partnership ❑ Corporation ❑ Government
❑ Limited Liability Company (LLC) 0 Other Non -Profit
Legal or physical description of the property:
Moosemeat John Historic Cabin
Description of the proposed business or activity intended: To facilitate the Kenai Historical Society
'is the area to be used in front of or immediately adjacent to any established business offering
the same or similar products or services upon a fixed location? ❑ YES @NO
Would the use under this permit interfere with other businesses through excessive noise,
,odor, or other nuisances? ❑ YES INNO
If you answered yes to any of the above questions, please explain:
What is the term requested (not to exceed one year)? One Year
Requested Starting Date,6.30.2022
Signature: Date: _ a
Print Name: r e TiBe: i�CCVGc ire I'
For City Use Only: Date Application Fee Received:
❑ General Fund ❑ Airport Reserve Land City Council Action/Resolution:
0 Airport Fund 13 Outside Airport Reserve Account Number:
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants the Kenai Chamber of Commerce and Visitor Center (PERMITTEE) the right to use
the Premises, identified on the attached Exhibit A to this Permit, and described as:
The southeast 100 foot x 100 foot portion of Lot 1, Gusty Subdivision, Addition No. 8, Kenai
Recording District, according to Plat No. 91-9, to use and operate the Woosemeat John"
Cabin.
1 Use/Term. Permittee shall have use of the Premises on the 31 st day of July 2022 through
the 30th day of July 2023.
2. Fee. The Permittee shall not be charged a fee for the use or privilege specified herein.
3. No Exclusivity. The use by the Permittee of the Premises is limited to the purposes
specified herein and is not intended to grant any exclusive use to the described Premises
except as otherwise provided herein. This use is also subject to City, Borough, and State
laws and regulations and the reasonable administrative actions of the City for the protection
and maintenance of the Premises and of adjacent and contiguous lands or facilities.
4. Improvements. Permittee shall not make any permanent improvements to the Premises.
5. Preparation of Premises. It is Permittee's responsibility to prepare the Premises and to
assure itself to its own satisfaction that the Premises are safe for its purposes. The City does
not make any warranty or guaranty of the suitability of the Premises for Permittee's intended
purposes.
6. Trash and Debris. The Premises must be returned to its original condition at the end of
each use. Clean up and/or repair charges beyond normal wear and tear will be billed to
Permittee based upon cost of repair. Debris and trash shall be collected and removed from
the Premises by Permittee. Permittee shall alert City (Parks and Recreation Department)
of unsightly, unsanitary, dirty or other conditions on the Premises which exist prior to
Permittee's use.
7. No Alcohol or Illegal Substances. No possession or consumption of alcoholic beverages,
marijuana or illegal substances is permitted on the Premises.
8. No Joint Venture. The 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.
9. Personalty. Any or all personal property placed or used upon lands or in facilities may be
removed and/or impounded by the City, 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 per day. The City of Kenai is not responsible
for any damage to or theft of any personalty of Permittee or its invitees to the Premises,
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 1 of 5
10. Assumption of Risk. Permdteeassumes full control and sole responsibility nmbetween
Penndtem and City for the activities ofPenmdtee. its personnel, enlp|oyees, and persons
acting onbehalf mJ or under the authority of the Penni#ee anywhere on the Premises.
Pennittme shall provide all proper safeguards and shall assume all risks incurred inits activities
onthe Premises and its exercise wfthe privileges granted inthis Permit.
11. No Waiver. Failure to insist upon a strict compliance with the tems, conditims, and
requirements herein contained, or referred to, shall not constitute or be construed as 8
waiver or relinquishment of the right to exercise such terms, conditions, or requirements.
12. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below,
to protect City and Pemmh±ee. VVhena specific limits one stated, the limits are the minimum
acceptable limits. If Peonitbae'a insurance policy contains higher |inmiba. City is entitled to
coverage twthe extent ofthe higher limits.
A. Cmnmnlenja| General Liability Insurance, including Premises, all operatonm, property
damage, personal injury mnddeath.bnoad-fommcontnactua|.vvKhaper-000umence|inmitofnot|BSs
than $1.000.000 combined single limit. The policy must name the City as an additional
insured.
B. Worker's Compensation Insurance with coverage for all employees engaged |nwork
under this PmmnU or at the Premises as required by AS 23.30.045. Pennittee is further
responsible to provide Worker's Compensation Insurance for any subcontractor who directly
or indirectly provides services to Permittee under this Permit.
C. All insurance required must meet the following additional requirements:
All policies will b8bv@company/corporation ourn3ntk/rated"Ar"0rbetterbv
PenmdLeeshall submit tothe City proof ofcontinuous insurance coverage in
the form of insurance policies, *edificatea, endorsememts, or combination
thereof, and signed by person authorized by the insurer to bind coverage
onits behalf.
iU. Pennidee nheU request a waiver ofsubrogation against City from Permdexa's
insurer and the waiver of subrogation, where possible, ghoU be provided at
no cost to City.
iv. Provide the City with notification at least thirty (30) days before any
termination, cancellation, or material change in insurance coverage of any policy
required hereunder.
v� Evidence ofinsurance coverage must be submitted to City priortoany use.
Special Use Permit - Kenai Chamber ofCommerce & Visitor Center Page 2 of 5
Page 139
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.
13. No Discrimination. Permittee will not discriminate on the grounds of race, color, religion,
national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to enforce this
requirement.
14. Contact Information. The Contact information for the Permittee, and the person in
responsible charge for Permittee during the term of the Permit, for purposes of notice and
all communications from City to Permittee is:
Brett Perry
Executive Director
Kenai Chamber of Commerce & Visitor Center
11471 Kenai Spur Hwy.
Kenai, AK 99611
15. Indemnity, Defend, and Hold Harmless Agreement: Permittee agrees to fully indemnify,
defend, and hold harmless, 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 Permittee in connection with or arising
from or out of Permittee's activities on or use of the Premises. This shall be a continuing
obligation and shall remain in effect after termination of this Permit.
16. Authority. By signing this Permit, Permittee represents that it has read this agreement and
it agrees to be bound by the terms and conditions herein and that the person signing this
Permit is duly authorized by the organization to bind the organization hereunder.
CITY OF KENAI KENAI CHAMBER OF COMMERCE &
VISITOR CENTER
By:
Paul Ostrander Date
City Manager
-31
(Title) Date
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 3 of 5
STATE OF ALASKA
ACKNOWLEDGMENTS
)ss
THIS IS TO CERTIFY that on this day of 12022, the foregoing instrument
was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an
Alaska home rule municipality, on behalf of the City.
STATE OF ALASKA
)ss
THIRD JUDICIAL DISTRICT
Notary Public for Alaska
My Commission Expires:
THIS IS TO CERTIFY that on this day of 2022, the foregoing instrument
was acknowledged before me by Title) on behalf of
Notary Public for Alaska
My Commission Expires:
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 4 of 5
ATTEST
Michefle M, Saner, MMC, City Clerk
SEAL
F."INSMISITIN I w
RIIIIIII 1111 ITTITIIIMM��
Special Use Permit -- Kenai Chamber of Commerce & Visitor Center Page 5 of 5
Page142
mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Meghan Thibodeau, Deputy City Clerk
DATE: June 30, 2022
SUBJECT: Restaurant Designation Permit
The following establishments submitted an application to the Alcohol and Marijuana Control Office
for a Restaurant Designation Permit:
• Griffin Golf Course LLC D/B/A Kenai Golf Course
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they
have satisfied all obligations to the City. With the approval of Council, a letter of non -objection to
the Restaurant Designation Permit will be forwarded to the ABC Board and the applicants.
Your consideration is appreciated.
Action History (UTC-08:00) Pacific Time (US & Canada) Page 143
Submit by Shellie Saner 6/8/2022 2:41:22 PM (Form Submission)
Approve by ,Jeremy Hamilton 6/13/2-022 9:09:41 AM (Fire Marshall Review)
11 he tl,-Aslk was assigned toJeirenny 11 anrilhoin 11 he due date a&a Juirie 17, 2022 5:00 Ill"IM
61812022 241 23 IIll'IM
Approve by Scott Curtin 6/25/2022 5:38:15 PM (Building Official Review)
Ite due date &Juirie 17, 20225:00 Ill"IM 61812022241231Ill'IM
Sli iie 1111 lie Sa ir eir reassigir iied t[iie 1as Ilk to ScAt C uirfi ir ii 6122120223162611l"I11
Approve by Dave Ross 6/8/2022 2:44:53 PM (Police Department Review)
. 11iietl-,AsIlk w,s,�assilgiriiedtoll),,avelleras s ILIW e due date a&a Juirie 17, 20225:00 ll::::III\A 618120222412311`I\A
Approve by Fina Williamson 6/8/2022 3:22:56 PM (Finance Asst Review)
11 he tl,-Aslk was assigned to 11 iiina Wlllarns)irii 11 he due daa�t u. Juirie 17, 2022 500 Ill"IM
61812022 241 :24 Ill"IM
Approve by Cindy Herr 6/13/2022 9:14:09 AM (Legal Asst Review)
P No monies owed in traffic fines or restitution by Lara Griffin.
. 11iietl-,AsIlk w,s a�urJrled tlo Cliiriidy II Iliaumu ILIW e due date a&a Juirie 17, 20225:00 Ill"IM 618120222412411l"IM
Approve by Ryan Foster 6/17/2022 6:44:27 AM (Lands Review)
Itedue date ii&a Juirie 17, 2022500 ll::::III\A 618120222412411l"IM
Approve by Ferry E-ubank6/17/20228:59:36AM (Finance Review)
. 111�iie�-,Asll<w,�s,�ssilgiriiedtollbii-ii-yll:::::�u,ulbairiill< Ite due date &� Juirie 28, 2022500 ll::::III\A 6117120226A428All
Approve by Scott Bloom 6/17/2022 9:02:33 AM (Legal Review)
Ite due date ii&Juirie28, 20225��00 ll::::III\A 6117120226A423All
Approve by Ryan Foster 6/17/2022 6:44:58 AM (P&Z Department Review)
Itedue date ii&a Juirie28, 20225��00 ::1110 6117120226A423All
AMCO License Appfication
F;MMOTM 11 "IMMITC 11TOTF, TI-Morl,
License Type
Restaurant Designation Permit
I=
filTOMM, TIT "I
MEFM
Alcohol and Marijuana Con page 145
550 W 7th Avenue,
Anchorage, AK 99501
YLe —rc..t- 1LLgL,1a.RQ-v1 Apbl@u�rLLP
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
Form AB-03: Restaurant Designation Permit Application
What is this form?
A restaurant designation permit application is required for a licensee desiring designation under 3 AAC 304.715 — 3 AAC 304.795 as a
bona fide restaurant, hotel, or eating place for purposes of AS 04.16.010(c) or AS 04.16.049. Designation will be granted only to a
holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the requirements
of 3 AAC 304.305, 3 AAC 304.725, and 3 AAC 304.745, as applicable, are met. A menu or expected menu listing the meals, including
entrees prepared onsite and offered to patrons, and copy of the DEC Food Service Permit (or corresponding DHHS documentation for
licenses located in the Municipality of Anchorage) must accompany this form. Applicants should review AS 04.16.049 — AS 04.16.052
and 3 AAC 304.715 — 3 AAC 304.795, All fields of this form must be completed. The required SU pci'odt fee may be made by credit
card, check, or money order.
Section I - Establishment Information
Enter information for licensed establishment.
Licensee:
uri-Pf-iVi (AolE LU
License Type:
Gwif, 0w�k-. '3LAet)n)'(
I License Number:
Doing Business As:
khm-'( L'f L'o-wrk,
Premises Address:
14 9-0 LZ w ivy, %,e
City:
State:
A,
z I P:
.9 9' (-,1
Contact Name:
I
Contact Phone:
Contact
3 30
I I
P11 7111 11 r•III I . 6 I= =V'-.177M Tm
This application is for the request of designation as a bona fide restaurant, hotel, or eating place for purposes of
AS 04.16.010(c) or AS 04.16.049, and for the request of the following designation(s) (check all that apply):
1. Dining after standard closing hours: AS 04.16.010(c)
2. Dining by persons 16 — 20 years of age: AS 04.16.049(a)(2)
3. Dining by persons under the age of 16 years, accompanied by a person over the age of 21: AS 04.16.049(a)(3)
4. 13Employment for persons 16 or 17 years of age: AS 04.16.049(c) /1"
NOTE: Under AS 04.16.049(d), this permit is not required to employ a person 18 - 20 years of age.
OFFICE USE ONLY
Transaction #. I Inklats.- I
[Form AB-031 (rev 4/16/2019 AMC(,) Page 1 of 5
Alcohol and Marijuana Con Page 146
550 W 7th Avenue,
Anchorage, AK 99501
y1c h i k ensi gkjq!ik�kq,&L
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
Form AB-03: Restaurant Designation Permit Application
Section 3 - Minor Access
Review AS 04.16.049(a)(2); AS 04.16.049(a)(3); AS 04.16.049(c)
List where within the premises minors are anticipated to have access In the course of either dining or employment as designated in
iection Z. (Example: Minors will only be allowed in the dining area. OR Minors will only be employed and present in the Kitchen.)
.AA'�no6 dre ovt' AoweJ k)tl�nd -1,(,t eowRl' w�ere
T1, e C WbkOwye "is mv I �f �t- LUJ ),WnJ ed e VX �,"J)
d
Describe the policies, practices and procedures that will be in place to ensure that minors do not gain access to alcohol while
3ming or empioyea at your premises.
iv !(A'Pee
4
4-,) ty'cli-'Srore- 0-e- 6we aaeuj
Kd )IMA Ko h4lrNlor-
Yes No
Is an owner, manager, or assistant manager who is 21 years of age or older always present on the premises
during business hours?
6-17TZW�.' 10 *4X7,771 X;,fTV7TT-3LZ7 =4111
Per 3 AAC 304.910 for an establishment to qualify as a Bona Fide Restaurant, a Food Service Permit or (for licenses within
the Municipality of Anchorage) corresponding Department of Health and Human Services documentation is required.
Please follow this link to the DEC Food Safety Website: http://dec.alaska.gov/eh/fss/food/
Please follow this link to the Municipality Food Safety Website:
http://www.muni.org/Departments/health/Admin/environment/FSS/Pages/fssfood.aspx
IF you are unable to certify the below statement, please discuss the matter with the AMCO office: Initials
I have attached a copy of the current food service permit for this premises OR the plan review approval. El
*Please note, if a plan review approval is submitted, afinal permit will be required before finalization of any permit or license
application.
[Form AB-03] (rev 4/16/2019
Of 5
N,Ki
Alcohol and Marijuana Con page 147
550 W r Avenue,
Anchorage, AK 99501
alcohol ficensing(a.�LkLiL
....... ....
Phone: 907,269.0350
Alaska Alcoholic Beverage Control Board
Form AB-03: Restaurant Designation Permit Application
Section 5 - Hours of Operation
Review AS 04.16.010(c).
Enter all hours that your establishment intends to be open. Include variances in weekend/weekday hours, and indicate
,
Section 6 - Entertainment & Service
Review AS 04.11.100(g)(2)
Are any forms of entertainment offered or available within the licensed business or
within the proposed licensed premises?
IT --Yes--, aescrioe me enieriammem: orrerea or avaiiame ano xne nours in wnicn xne enxer-cainmem; may occur:
IT
'—,
Food and beverage service offered or anticipated is:'
9"., 14,
1:1 table service 1:1 buffet service ffcounter service other
it "other, describe the manner ot tool and beverage service ottered or anticipated:
ire
■
[Form AB-031 (rev 4/16/2019 Page 3 of 5
A i J 6 3
Alcohol and Marijuana Con
Anchorage, 95133.
Phona��269.035O
Alaska Alcoholic Beverage Control Board
Section 7 ~~ Certifications and Approvals
Read each line below, and then sign your initials inthe box to the right of each statement: Initials
There are tables or counters at my establishment for consuming food in a dining area on the premises.
I have included with this form a menu, or an expected menu, listing the meals to be offered to patrons.
This menu includes entrees that are regularly sold and prepared by the licensee at the licensed premises.
I certify that the license for which I am requesting designation is either a beverage dispensary, club, recreational site,
golf course, orrestaurant oreating place license.
I have included with this application a copy of the most recent AB-02 or AB-14 for the premises to be permitted.
-�
(AB-03 applications that accompany a new or transfer license application will
not berequired uxsubmit onadditional copy q/their premises oiag/om./
I declare under penalty ofperjury that this form, including all attachments and accompanying schedules and stateme7 'is,,true,
correct, and complete.
Signature o6jceinso e of Notary Public
La CC) �-T C, K; Notary Public in and for the State of
Printed name of licenseM MY= e L MICHELLE MCGLASSON
Notary Public
State of Alaska
K4ycommission expires:
Subscribed and sworn tobefore methis _ day of 120��dr_
Local Government Review (to be completed by an appropriate local government official): Approved Denied
Signature of local government official Date
Printed name of local government official Title
[Form AS-03](rev 4/16/2019
4n[S
AUG����
�m�� ���~��
Alcohol and Marijuana Con
550 W 7th Avenue,
Aa�] nchorage
a�cuW ficensir g@ gy
Phone: 907.269.0350
c Alaska Alcoholic Beverage Control Board
Form AB-03: Restaurant Designation Permit Application
.... . .. .. .. .
AMCO Enforcement Review: Enforcement Recommendation: Approve Deny
0 11
Signature of AMCO Enforcement Supervisor Printed name of AMCO Enforcement Supervisor
Date
Enforcement Recommendations:
AMCO Director Review: Approved
Denied
Signature of AMCO Director
Date
Limitations:
[Form AB-031 (rev 4/16/2019
Printed name of AMCO Director
Page 5 of 5
41,1,IG 21", 3 �'!,!V'
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Alaska Food Code
2021 Establishment Permit
Division of Environmental Health
Food Safety & Sanitation Program
Permit Number: 9350
Issued to: GRIFFIN GOLF LLC
For: Kenai Golf Course
For Operation of: FN-1 Limited Food Service
Located at: 1420 Lawton DR Kenai, AK 99611
This permit, issued under the provisions of 18 AAC 31, is valid until the noted expiration date or unless
suspended or revoked by the department.
This permit is not transferable for change of ownership, facility location, or type of operation. It must be posted
in plain view in the establishment and is the property of the State of Alaska.
Expiration Date: Program Manager:
December 31, 2021
I
=1
Page 151
STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD
FORM CONTROL
Page 152
ISSUED
4/19/2021
rl
V U %—P -ft JU A 'k- 121110 1:4
2021 -2022
TYPE OF LICENSE:
Golf Course — Seasonal
LICENSE FEE: $200.00
IN
D/B/A:
Kenai Golf Course
1500 Lawton Drive
Mail Address:
Griffin Golf, LLC
P.O. Box 289
Kenai, AK 99611
5788
LICENSE RENEWAL APPLICATION DUE
DECEMBER 31, 2022 (AS 04.11.270(b))
THIS LICENSE EXPIRES MIDNIGHT
FEBRUARY 28,2023 UNLESS DATED BELOW
EApril 15 - October 15
CITY! BOROUGH -
Kenai
Kenai Peninsula Borough
This license cannot be transferred without permission
of the Alcoholic Beverage Control Board
Special restriction - see reverse side
ISSUED BY ORDER OF THE
ALCOHOLIC BEVERAGE ONTROL BOARD
101=491001
04-900 (REV 9/09) THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES
IIMII
Alaska Business License 0
Alaska Department of Commerce, Community, and Economic Development
Division of Corporations, Business, and Professional Licensing
PO Box 110806, Juneau, AK 99811-0806
This is to certify that
KENAI GOLF COURSE
P.O. BOX 289, KENAI, AK 99611
owned by
GRIFFIN GOLF, LI-C
is licensed by the department to conduct business for the period
October 30, 2020 to December 31, 2022
for the following line(s) of business:
71 - Arts, Entertainment and Recreation
A
Alaska Alcoholic Beverage Control Board
What is this form?
Alcohol and Marijuana Control
Anchorage, xo99501
Phone: 907.269.0350
A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS 04.1I.260and
]AAC3O4185.Your diagram mustindudedimensionsundmustshuwaUenuanoesandhoundariesufthepnemises,wmUs,bars,
fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within abuilding or
building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the
location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the
other businesses and/or tenants within the building nrbuilding complex.
The second bmygeofthis form is not required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be
submitted inlieu of the second page of this form. The first page must still becompleted, attached to, and submitted with any
supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation
for your premises diagram isneeded.
This form must be completed and submitted to AMCO's main office before any license application will be considered complete.
ihave attached blueprints, CAD drawings, cvother supporting documents inaddition to, orinlieu of, the secondpage of this form. �~�
� |
Enter information for the business seeking to be licensed, as identified on the license application.
Licensee:
Griffin Golf, LLC
License Number:
15788
License Type:
Golf Course
Doing Business As:
Kenai Golf Course
Premises Address:
1500 Lawton Dr.
City:
Kenai
T State:
JAK
I ZIP:
199611
(Form xo-02)(rev o6/ao/20n6) Page nw,2
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Page 157
Alcohol and Marijuana Control Office
550 W 7h Avenue, Suite 1600
Anchorage, AK 99501
alcohol.licensIniWalaska.gov
bttps:/Iwww.gqmmerce.alaska.L,ov/Web/amco
Phone: 907.269.0350
Alaska Alcoholic Beverage Control Board
1! loll 1111111�1 11111111111111
JR, 1,00 7/0
Clearly indicate the boundaries of the premises and the proposed licensed area within that property. Clearly Indicate the Interior
layout of any enclosed areas on the proposed premises. Clearly Identify all entrances and exits, walls, bars, and fixtures, and outline in
red the perimeter of the areas designated for alcohol storage, service, consumption, and manufacturing. Include dimensions, cross -
streets, and points of reference In your drawing. You may attach blueprints or other detailed drawings that meet the requirements of
this form.
jq(
T)
rJ
'
a7l
Jr
2- P,
ommmmmmammmum —
[Form AD-02) (rev 06/24/2016) Page 2 of 2
Security and Storage Statement
All alcoholic beverages will be securely stored behind the counter inside the clubhouse
building within staff controlled areas with no public access allowed. The staff area is chained off
to prevent access by the public. Alcohol will be served to patrons at the clubhouse and consumed
within the clubhouse or on the grounds of the course itself per the terms of the seasonal golf course
license.
At least one employee will always be on hand at the clubhouse to ensure there is no
unauthorized access to the alcohol storage areas. Signs indicating video surveillance are placed
around the property to deter minors and others from unauthorized access to the premises during
closed hours. The clubhouse is routinely locked down upon closing. Golf course staff routinely
patrol the course during their regular maintenance activities.
The course itself is generally bounded by private property to the north along Lawton Drive
and uninhabited lowlands to the east and south. The west side backs up to city park lands. As a
lessee of a public entity, Griffin Golf, LLC is not able to erect physical barriers around the property
boundaries. Signs are, or will be, placed indicating the boundaries of the golf course property
along potential access points off Lawton Drive and the park areas to the west. These signs will
indicate that alcohol cannot be brought into or out of the designated property.
MAlt,"?,''I 3 2(ffl
6/8/2022
Sent via email: cityclerk@kenai.city
Kenai City Hall
City of Kenai
RE: Non -Objection of Application
Licensee/Applicant
Business Name
License Type
License Location
License No.
Application Type
Dear Ms. Saner,
lohni Blankenship, MMC
Borough Clerk
Griffin Golf, LLC
Kenai Golf Course
Golf Course
1500 Lawton Drive, Kenai, AK 99611, City of Kenai
5788
Restaurant Designation Permit
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/JS
Encl.
cc: griffingolf20l9@gmail.com;
Page 161
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3296-2022
AN ORDINANCE ACCEPTING AND APPROPRIATING DONATIONS TO THE KENAI COMMUNITY
LIBRARY FOR THE PURCHASE OF LIBRARY MATERIALS.
WHEREAS, the Kenai Community Library received monetary donations through the Friends of the Kenai
Community Library totaling $3,500; and,
WHEREAS, $500 on behalf of the Pioneers of Alaska will be spent on large print books and other items
to support the needs of library users with visual impairments; and,
WHEREAS, $3,000 on behalf of various donors will be spent on print and digital collection items, as well
as supplies for the Library's Library of Things Collection; and,
WHEREAS, acceptance of these donations to further the mission of the Kenai Community Library is in
the best interest of the City and its residents.
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 these donated funds and to expend them
as authorized by this ordinance and in line with the intentions of the donors.
Section 2. That the following budget revision is authorized:
General Fund:
Increase Estimated Revenues —
Donations - Library $3.500
Increase Appropriations —
Books - Library $3,000
Operating & Repair Supplies 500
$3.500
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
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF AUGUST, 2022.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3296-2022
Page 2 of 2
ATTEST:
Michelle M. Saner, MMC, City Clerk
Approved by Finance:
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
Page 162
July 6, 2022
August 3, 2022
August 3, 2022
New Text Underlined; [DELETED TEXT BRACKETED]
Page 163
mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: June 28, 2022
SUBJECT: Donations to the Kenai Community Library
The purpose of this memo is to request acceptance and appropriation of $3,500 from various
donors through the Friends of the Kenai Community Library to be spent on the following:
• $500 on behalf of the Pioneers of Alaska on large print books and other items to support
the needs of library users living with visual impairments
• $3,000 on behalf of various donors on print and digital collection items, as well as supplies
for the "Library of Things Collection"
We appreciate the generosity of the donors!
Thank you for your consideration.
Page 164
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3297-2022
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE 7.15.090 - DISPOSAL OF SURPLUS OR
OBSOLETE MATERIALS AND EQUIPMENT, TO ALLOW FOR THE POLICE DEPARTMENT TO
DISPOSE OF CERTAIN SURPLUS AND OBSOLETE MATERIALS WITHOUT ADVERTISEMENT,
PUBLIC OPPORTUNITY, OR PROCEDURES TO OBTAIN THE HIGHEST PRICE.
WHEREAS, Kenai Municipal Code 7.15.090 - Disposal of surplus or obsolete materials and equipment,
generally requires (with the exception of library collection materials) that City supplies, materials and
equipment that are surplus or obsolete must be advertised and disposed of in a manner available to the
public and designed to obtain the highest price or benefit to the City; and,
WHEREAS, the Police Department often has specialized equipment that is not suitable for public use;
and,
WHEREAS, the Police Department has firearms, ammunition and other tools used in law enforcement or
that have been otherwise obtained, that once surplus and obsolete should only be sold or traded through
licensed dealers or sold, traded or donated to other law enforcement agencies; and,
WHEREAS, additionally, the Police Department often has possession of bicycles that are surplus or
obsolete and can be used by local non -profits or other government entities; and,
WHEREAS, amending Kenai Municipal Code to allow for the sale or donation of certain items in
possession of the Police Department without advertising, making the items available to the public or sale
to the highest bidder 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. Amendment of Section 7.15.090 of Kenai Municipal Code: That Kenai Municipal Code,
Section 7.15.090. Disposal of surplus or obsolete materials and equipment, is hereby amended as follows:
7.15.090 Disposal of surplus or obsolete materials and equipment.
(a) Except as provided in in subsection (c) and d of this section, the City Manager may authorize the
sale, trade, or disposal by other means of surplus or obsolete supplies, materials and equipment
no longer needed by the City with an estimated value of fifty thousand dollars ($50,000.00) or less.
All sales, trades or disposals of surplus or obsolete property must be advertised in a manner
reasonably designed to reach prospective buyers, must be made available to the public and must
be disposed of in a manner reasonably designed to obtain the highest price or benefit for the City.
All departments of the City shall be notified of the availability of surplus or obsolete goods at least
ten (10) business days prior to the goods being made available for purchase, trade or transfer to a
non -City entity. The City Manager must make a written report to the City Council of all surplus or
obsolete goods within thirty (30) days of sale, trade or disposal of surplus or obsolete goods.
(b) The sale, trade or disposal by other means of surplus or obsolete supplies, materials and equipment
no longer needed by the City with an estimated value of greater than fifty thousand dollars
($50,000.00) must be approved by resolution of the City Council.
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(c) Collection materials removed by the Library Director pursuant to the library's collection
development policy may be sold, traded or otherwise disposed of in any manner deemed
appropriate by the Library Director as long as the sale, trade or disposal is in the best interest of
the library. Within thirty (30) days of the end of each fiscal year, the Library Director shall provide a
full accounting to the City Manager and Council of all materials sold, traded or otherwise disposed
of the prior fiscal year.
(d) Certain items in the possession of the Police Department, detailed below, may be disposed of at
the direction of the Police Chief and pursuant to Department Policy when determined by the Police
Chief that the disposal is in the best interest of the City. The Police Chief shall provide a full written
accounting to the City Manager and Council within 30 days of disposal of the following items:
(1) Firearms in the possession of the Police Department that have either been purchased,
obtained through forfeiture, are unclaimed property, or have otherwise come into the
possession of the police department may be traded or sold by the Department through a
competitive process to a licensed firearms dealer, and may be exchanged for other firearms,
law enforcement equipment, or supplies.
(2) Various other law enforcement related equipment and supplies (examples: Tasers, Taser
cartridges, body cameras, portable breath testers, batons, less lethal equipment, munitions,
police radios, etc.) that have been determined to be surplus may be sold or traded. Such
items may also be sold, traded, or donated to other government entities.
(3) Bicycles in the possession of the police department that have been purchased, obtained
through forfeiture, are unclaimed property, or have otherwise come into the possession of
the Police Department may be donated by the Department to local charitable organizations
that have expressed interest.
([d]e) All ethical and conflict of interest provisions provided by City ordinance, resolution, policy, or
regulation must be fully complied with in all sales, trades, or disposals.
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 3RD DAY OF AUGUST, 2022.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Brian Gabriel Sr., Mayor
Introduced: July 6, 2022
Enacted: August 3, 2022
Effective: September 2, 2022
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mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: June 10, 2022
SUBJECT: Ordinance No. 3297-2022, Amending KMC 7.15.190.
This ordinance addresses proposed changes to KMC 7.15.190 that will allow the Police
Department to dispose of specific property in its possession in accordance with these sections of
KMC and in accordance with Police Department policy that will be put in place upon approval of
this ordinance. This section of KMC recognizes that certain items in the possession of the police
department may not be best suited to be disposed of in the same manner as other surplus
government equipment and supplies.
Proposed KMC section 7.15.090(d)(1) will deal with the disposal of firearms in the possession of
the Police Department. There are a number of firearms dealers that specifically bid on lots of guns
in police possession and that is typically how KPD has disposed of firearms in the past. This
section of KMC specifically authorizes that method of disposal and would not require other Council
action at the time of disposal.
Proposed KMC section 7.15.090(d)(2) will deal with various other law enforcement supplies and
equipment. Many of these items, such as those given as examples in the proposed KMC section,
are best suited to sell or trade for other specific law enforcement equipment, often for upgraded
equipment through the dealer or seller of the original products. In other circumstance the
equipment or supplies are surplus to the Kenai Police Department but may be of value to other
law enforcement agencies or government entities that can make efficient use of them.
Proposed KMC section 7.15.090(d)(3) will deal with disposal of bicycles. Bicycles available for
disposal by the Police Department have historically gone to auction in large lots under existing
provisions of KMC. Through specific Council action in the past the City has donated some of those
bikes to certain organizations, like Mountain View Elementary. The Police Department was also
recently approached by the Henu Community Wellness Court for the potential future donation of
bicycles to assist participants in their program that may benefit from that form of transportation.
This new section of KMC will allow the Police Department to work with local charitable
organizations and do so in timely manner.
These KMC changes would allow the Police Department to develop appropriate policy for the
disposal of these items and give the Police Chief discretion for making these disposals in the best
interest of the Department and City. All disposals of property under these proposed provision of
KMC will be reported to the City Manager and Council. A copy of the draft Police Department
Policy to be implemented on approval of the ordinance is attached.
I am respectfully requesting consideration of this ordinance amending KMC.
KENAI POLICE DEPARTMENT
PROCEDURES
Title: Disposal of Surplus Equipment and Supplies Chapter: 1.102
Date Issued: DRAFT POLICY
Revised: 06/09/22
I. PURPOSE
The purpose of this policy is to establish procedures for disposal of certain property
in the possession of the police department in accordance with Kenai Municipal
Code (KMC) section 7.15.090.
II. POLICY
The Kenai Police Department comes into the possession of property that is
determined to be surplus or obsolete and the retention of the property is no longer
required. The majority of `regular' business equipment and supplies must be
disposed of in accordance with KMC 7.15.090(a) as is the practice in other City
Departments. Some special circumstances exist under KMC 7.15.090(d) and
those are delineated in this policy with procedures for their disposal.
Ill. PROCEDURE
A. Firearms Disposal
Firearms may come into the possession of the police department through
purchase, forfeiture, unclaimed property, or by other means. When it is
determined that those firearms are no longer needed by the police
department and their retention is not required by law or potential legal
proceedings the following procedures will be followed for their disposal.
1. A list of firearms available for disposal will be provided to the Police Chief
for approval for disposal.
2. At least three licensed firearms dealers must be contacted and given an
opportunity to bid on the list of disposed items, which is commonly done
by the offering of a direct trade or store credit.
Page 1 of 3
I of Surplus Equipment 1.102
KENAI POLICE DEPARTMENT
PROCEDURES
3. The department must evaluate those bids in regards to filling the needs
of the department for replacement equipment and supplies, and in
regards to the financial benefit to the City.
4. If the Police Chief authorizes the Trade/Sale of Firearms, a report of
such trade/sale to the City Manager and Council within 30 days must be
made.
5. Nothing in this policy is intended to prevent the destruction of firearms,
when that is determined to be the most appropriate action.
B. Disposal of Law Enforcement Related Equipment and Supplies
Certain law enforcement specific equipment or supplies that are deemed
surplus or obsolete are better suited for specific trades, sales, or donations
rather than public sales (Examples: Tasers, Taser cartridges, body
cameras, portable breath testers, batons, less lethal equipment, munitions,
police radios, etc.). The following procedures must be followed for the
disposal of those items.
1. A list of items available for disposal must be provided to the Police Chief
for approval for disposal.
2. When reasonable, multiple quotes should be obtained when trading or
selling law enforcement equipment or supplies to business entities.
3. When law enforcement equipment or supplies are deemed surplus or
obsolete to the Kenai Police Department, but determined to have value
to other law enforcement or government entities, the police department
will accept and consider requests for those materials to be sold, traded,
or donated.
4. The Police Chief must give final authorization for any disposal under this
section, and provide a report of such disposal to the City Manager and
Council within 30 days.
C. Disposal of Bicycles
It is common for the police department to come into possession of bicycles,
most commonly from `found property' that is held for at least a year and not
claimed by the owner. At the discretion of the Police Chief the procedures
below may be followed to transfer bicycles to a charitable organization.
Page 2 of 3
I of Surplus Equipment 1.102
KENAI POLICE DEPARTMENT
PROCEDURES
1. A list of bicycles, or individual bicycles, available for disposal must be
provided to the Police Chief and approved for disposal.
2. Charitable organizations may make requests for bicycles, or KPD may
reach out and solicit interest.
3. The Police Chief must give final authorization for the transfer of bicycles
from the police department to charitable organizations, giving due
consideration to the benefits to both the organization and to the City.
The Police Chief will provide a report of such bicycle disposal to the City
Manager and Council within 30 days.
r
David Ross
Chief of Police
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I of Surplus Equipment 1.102
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3298-2022
AN ORDINANCE ENACTING KENAI MUNICIPAL CODE CHAPTER 14.30-FLOODPLAIN
MANAGEMENT, WITHIN TITLE 14-PLANNING AND ZONING, TO REGULATE LAND USE WITHIN
THE FLOOD PLAIN AND AUTHORIZING THE CITY TO PARTCIPATE IN THE NATIONAL FLOOD
INSURANCE PROGRAM.
WHEREAS, the Council expressed its intent to participate in the National Flood Insurance Program
(NFIP) via Resolution 2022-13; and,
WHEREAS, participation in the NFIP is a requirement for the City to work with the US Army Corps of
Engineers to complete the City's bluff erosion project; and,
WHEREAS, the City has the authority to enact and enforce regulations regarding the NFIP as a home
rule municipality within the State of Alaska; and,
WHEREAS, participating in the NFIP will benefit affected property owners through the availability of more
affordable flood insurance; and,
WHEREAS, the purpose of this ordinance is to promote public health, safety and general welfare, and to
minimize public and private losses due to flooding in flood hazard areas; and,
WHEREAS, it is in the best interest of the City and its residents to join the NFIP.
WHEREAS, at its meeting on (date) the Planning and Zoning Commission
recommended
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Enactment of Chapter 14.30 of Kenai Municipal Code: That Kenai Municipal Code,
Chapter 14.30 Flood Plain Management,_ is hereby enacted as follows:
CHAPTER 14.30. FLOODPLAIN MANAGEMENT
14.30.010. Findings of Fact and Statement of Purpose.
A. Findings. The flood hazard areas of the City of Kenai are subject to periodic inundation which
results in loss of life and property, health, and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare. Flood losses may be caused by the cumulative effect of obstructions in flood hazard
areas which increase flood heights and velocities and, when inadequately anchored, cause
damage in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected
from flood damage, also contribute to flood loss.
B. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and
general welfare, and to minimize public and private losses due to flood conditions in specific areas
by provisions designed:
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1. To protect human life and health;
2. To minimize expenditure of public money and costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood hazard;
and
8. To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
9. Participate in and maintain eligibility for flood insurance and disaster relief.
14.30.015. Methods of Reducing Flood Loss.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging, and other development which may increase flood damage;
and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters
or which may increase flood hazards in other areas.
14.30.030. General Provisions.
A. Lands to Which this Chapter Applies. This chapter shall apply to all flood hazard areas within the
City of Kenai.
B. Basis for Establishing Flood Hazard Areas. Flood hazard areas are identified as follows:
The areas of special flood hazard identified by the federal Insurance Administration in a scientific
and engineering report entitled "The Flood Insurance Study" applicable to the City of Kenai in its
most recent adopted version (October 20,2016 titled "Flood Insurance Study for the Kenai
Peninsula Borough, Alaska and Incorporated Areas") and any subsequent revisions thereto, with
accompanying Flood Insurance Maps and revisions thereto. The Flood Insurance Study is on file
at the City of Kenai administrative offices. The best available information for flood hazard area
identification provided in this Chapter will be the basis for regulation until a new FIRM is issued.
D. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will be free from flooding or flood
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damages. This chapter shall not create liability on the part of the City of Kenai, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made thereunder.
E. Noncompliance —Enforcement. Structures and activities which are not permitted or allowed by
this chapter are prohibited. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter and other applicable
regulations. Violation of the provisions of this chapter by failure to comply with any of its
requirements shall be enforced by the remedies set forth in KMC 14.20 including any injunctive
remedies allowed by law. Each day a violation continues is a separate violation.
F. Abrogation and greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair
any existing easements or deed restrictions. However, where this ordinance is more stringent, it
must be complied with.
G. Interpretation. In the interpretation and application of this ordinance, all provisions are considered
minimum requirements, liberally construed in favor of the City and do not limit or repeal and other
powers granted under state statutes.
14.30.040. Administration.
A. Development Permit Required. A development permit shall be obtained before construction or
development begins within flood hazard areas established or incorporated into this Chapter.
Whether or not a project or activity meets the definition for "development" under this Chapter is
subject to a final written determination made by the planning department after consultation with
the applicant. The permit shall be for all structures (including manufactured homes) and for all
other development including fill and other activities. Application for a development permit shall be
made on forms furnished by the City and shall include but not be limited to the following: plans
drawn to scale showing the nature, location, dimensions, and elevations of the area in question;
logging, placement of storage tanks (fuel or other), existing or proposed structures, substantial
improvements of existing structures, fill, storage of materials, drainage facilities, and the location
of the foregoing. Specifically, the following information is required:
1. For A Zones (A, Al-30, AE, AH, AO):
a. Proposed elevation in relation to mean sea level of the lowest floor (including basement)
of all structures. In Zone AO, elevation of existing highest adjacent grade and proposed
elevation of lowest floor of all structures;
b. Proposed elevation in relation to mean sea level to which any non-residential structure will
be floodproofed;
c. Certification by a registered professional engineer or architect that the floodproofing
methods for any non-residential structure meet the floodproofing criteria for non-residential
construction; and
d. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
2. For V Zones (VE, V1-30 and V):
a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all structures, and whether
such structures contain a basement;
b. Base Flood Elevation data for subdivision proposals or other development, including
manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is
the lesser; and
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c. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
B. Designation of the Floodplain Administrator. The Planning Director or his / her designee is
appointed to administer and implement this Chapter by granting or denying development permit
applications in accordance with its provisions.
C. Duties and Responsibilities of the Planning Department. Duties of the planning department shall
include but not be limited to the following:
1. Permit Application Review.
a. Review all development permit applications to determine that the permit requirements
have been met;
b. Review all development permit applications to determine that all necessary permits have
been obtained from those federal, state, or local governmental agencies from which prior
approval is required;
c. Review all development permit applications to determine if the proposed development is
located in the floodway. If located in the floodway, assure that all provisions of this Chapter
are met.
2. Issue Permit.
a. Upon determination that the submitted and recorded information connected with the permit
application meets the terms of this chapter, the planning department shall issue a
floodplain development permit to the original applicant. If the project involves the
construction of a residential structure in a special flood hazard area, the planning
department floodplain management office will issue an initial permit based on the building
plans in the application. A final permit will be issued after the applicant submits an
elevation certificate and floodplain management staff determines that the building is in
compliance with all floodplain regulations.
b. The floodplain development permit shall be valid until the expiration date provided that the
start of construction occurs within 180 days of the permit issue date. If construction does
not begin within this time period, the permit will expire 180 days from the issue date. The
planning department floodplain management office shall be notified at least three days
prior to start of construction for possible site inspection and notice -to -proceed.
c. The floodplain development permit is not assignable without permission from the planning
department.
3. Use of Other Base Flood Data. When base flood elevation data has not been provided in
accordance with the provisions of this Chapter, the planning department shall obtain, review,
and reasonably utilize any base flood and floodway elevation data available from a federal,
state or other source, in order to administer the requirements of this Chapter.
4. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance Study or is
otherwise required, actual elevation as submitted (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved structures, and
whether or not the structure contains a basement must be recorded;
b. For all new or substantially improved floodproofed structures:
i. Record the actual elevation as submitted (in relation to mean sea level), and
ii. Maintain the flood proofing certifications required by this Chapter;
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c. Maintain for public inspection all records pertaining to the provisions of this chapter in
perpetuity.
5. Notification to Other Entities
a. Whenever a watercourse is to be altered or relocated, notify adjacent communities and
the State Coordinating Office prior to such alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administrator through
appropriate notification means, and assure that the flood carrying capacity of the altered
or relocated portion of said watercourse is maintained.
b. Base Flood Elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six months after
the date such information becomes available, the Floodplain Administrator shall notify the
Federal Insurance Administrator of the changes by submitting technical or scientific data
in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a
submission is necessary so that upon confirmation of those physical changes affecting
flooding conditions, risk premium rates and floodplain management requirements will be
based upon current data.
c. Notify the Federal Insurance Administrator in writing of acquisition by means of
annexation, incorporation or otherwise, of additional areas of jurisdiction.
6. Remedial Actions. Take actions on violations of this ordinance as required in Chapter.
7. Alteration of Watercourses.
a. Notify adjacent communities and the Department of Community and Regional Affairs prior
to any alteration or relocation of a watercourse, and submit evidence of such notification
to the Federal Insurance Administration.
b. Require that the flood carrying capacity within altered or relocated portion of said
watercourse is maintained. Require that maintenance is provided within the altered or
relocated portion of said watercourse to ensure that flood carrying capacity is not
diminished. Require compliance with all other sections of this Chapter.
8. Fee Required. The planning department shall charge fees for permits and exceptions. Fees
shall be the amount listed in the most current Schedule of Rates, Charges and Fees to be
paid by the applicant at the time that the floodplain development permit application is
submitted.
14.30.050. Standards.
A. General Standards. In all flood hazard areas, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
b. All manufactured homes must be anchored to prevent flotation, collapse or lateral
movement, and shall be installed using methods and practices that minimize flood
damage. Anchoring methods may include, but are not limited to, use of over -the -top or
frame ties to ground anchors.
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
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c. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
d. Within Zones AH or AO, adequate drainage paths shall be constructed around structures
or slopes to guide floodwaters around and away from proposed structures.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into
floodwaters; and,
c. On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood damage.
b. All proposed improvements such as water, sewer, natural gas, telephone and electrical
facilities shall be located and constructed in a manner which will minimize damage in the
event of a flood.
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage.
d. Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals which contain 50 lots
or 5 acres, whichever is less. The floodplain requirements for subdivision plats, detailed
in this Chapter, apply to all subdivision proposals.
e. It is the responsibility of the subdivider to provide all necessary information regarding flood
protection measures at the time the preliminary plat is presented for consideration by the
planning commission.
5. Review of Development Permits. Where elevation data is not available, applications for
development permits shall be reviewed to assure that proposed construction will be
reasonably safe from flooding and will minimize adverse impacts to neighboring properties.
The test of reasonableness is a local judgment and includes use of historical data, high water
marks, photographs of past flooding, etc., where available.
B. Specific Standards. In Zone A, AE, Al-30, Ah and AO, as set forth by this Chapter, the following
provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated to or above the Flood Protection Elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
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i. A minimum of two openings located on separate walls and having a total net area of
not less than 1 square inch for every square foot of enclosed space subject to flooding
shall be provided.
ii. The bottom of all openings shall be no higher than 1 foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
iv. Enclosed areas below the Flood Protection Elevation must be unfinished and usable
only for parking, access or storage of materials easily moved during a flood event.
v. Before a final floodplain development permit is issued by the planning department for
a residential structure with enclosed areas below the base flood elevation, the owners
shall sign a non -conversion agreement stating that the enclosed space shall remain in
compliance with this Chapter. The non -conversion agreement shall be recorded by the
City of Kenai placing future buyers of properties on notice of the hazards of enclosed
spaces below the Flood Protection Elevation and the requirements to keep the
permitted structure compliant with City of Kenai floodplain regulations.
c. For zones AH, AO, drainage paths are required around structures on slopes to drain
floodwaters away from proposed structures.
d. A garage attached to a residential structure, constructed with the garage floor slab below
the Flood Protection Elevation, must be designed to allow for the automatic entry and exit
of flood waters.
e. For A Zones (A, AE, Al-30, AH, AO):
Residential construction, new or substantial improvement, shall have the lowest floor,
including basement, elevated to or above the Base Flood Elevation.
In a Zone AO, the Base Flood Elevation is determined from the FIRM panel as the
depth number specified. If no depth is specified, the required elevation is at minimum
two (2) feet above highest adjacent grade.
In a Zone Awhere the Base Flood Elevation has not been determined, the Base Flood
Elevation is determined locally by the criteria set out in this Chapter. A minimum of 2
feet above highest adjacent grade may result in a lower insurance premium.
iii. In Zones AE, Al-30, and AH, the Base Flood Elevation is determined from the FIS
and/or FIRM.
iv. A garage attached to a residential structure, constructed with the garage floor slab
below the Base Flood Elevation, must be designed to allow for the automatic entry and
exit of flood waters.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement, of this section have been
satisfied shall be provided to the Floodplain Administrator for verification.
f. For V Zones (VE, V1-30 and V):
Residential construction, new or substantial improvement, shall:
Be located landward of the reach of mean high tide;
Have the bottom of the lowest structural member of the lowest floor (excluding pilings
and columns), elevated to or above the Base Flood Elevation;
iii. Have the pile or column foundation and structure attached thereto be anchored to
resist flotation, collapse and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components. Water loading values used
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shall be those associated with the base flood. Wind loading values used shall be those
required by applicable State or local building standards;
iv. Have the space below the lowest floor, usable solely for parking of vehicles, building
access, or storage, either free of obstruction or constructed with non -supporting
breakaway walls, open wood lattice -work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other structural
damage to the elevated portion of the building or supporting foundation system. For
the purposes of this section, a breakaway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot;
V. Prohibit the use of fill for structural support of buildings; and
vi. Prohibit man-made alteration of sand dunes and mangrove stands
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this Section.
Upon completion of construction, certification by a registered professional engineer or architect
that these design standards have been satisfied, and certification by a registered professional
engineer or surveyor that the elevation requirements of the bottom of the lowest structural
member of the lowest floor, excluding pilings and columns, of this section have been satisfied
shall be provided to the Floodplain Administrator for verification.
2. Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated to or above the base flood elevation; or, together with attendant
utility and sanitary facilities, shall:
a. Be floodproofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the standards of this
subsection are satisfied. Such certifications shall be provided to the official planning
department.
d. Have the space below the lowest floor, usable solely for parking of vehicles, building
access, or storage, either free of obstruction or constructed with non -supporting
breakaway walls, open wood lattice -work, or insect screening intended to collapse under
wind and water loads without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system. For the purposes
of this section, a breakaway wall shall have a design safe loading resistance of not less
than 10 and no more than 20 pounds per square foot;
e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are 1 foot below the floodproofed level (e.g. a building
constructed to the base flood level will be rated as 1 foot below that level).
f. For zones AH, AO, and areas of the SMFDA, drainage paths are required around
structures on slopes to drain floodwaters away from proposed structures.
g. For A Zones (A, AE, Al-30, AH, AO):
Non-residential construction, new or substantial improvement, shall have the lowest floor either
elevated to conform with this non-residential requirements.
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Or, together with attendant utility and sanitary facilities,
Page 178
Be floodproofed below the elevation recommended so that the structure is watertight
with walls substantially impermeable to the passage of water; and
Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
A registered professional engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice meeting the provisions listed
above.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement, of this section have been
satisfied shall be provided to the Floodplain Administrator for verification; or certification by a
registered professional engineer or architect that the floodproofing design of this section is
satisfied, including the specific elevation in relation to mean sea level to which such structures
are floodproofed, shall be provided to the Floodplain Administrator for verification.
h. For V Zones (VE, V1-30, V):
Floodproofing of non-residential structures is prohibited. All structures must be elevated and
constructed according to the requirements set forth for non-residential construction.
3. Manufactured Homes. All manufactured homes to be placed or substantially improved within
Zones Al-30, AH, and AE shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is at or above the base flood elevation and be securely
anchored to an adequately anchored foundation system in accordance with the provisions of
subsection (A)(1) of this section.
4. Recreational vehicles. Recreational vehicles that are placed on sites within a Special Flood
Hazard Area as identified by the current effective FIRM or DFIRM panel are required to either:
a. Meet the requirements of Chapter, or
b. Be on the site for fewer than 180 consecutive days, or
c. Be fully licensed and ready for highway use, on its wheels or jacking system, and attached
to the site only by a quick disconnect type utilities and security devices.
5. Appurtenant Structures (Detached garages and Storage Structures.
a. For A Zones (A, AE, Al -30, AH, AO):
Appurtenant structures used solely for parking of vehicles or storage may be constructed such
that the floor is below the Base Flood Elevation, provided the structure is designed and
constructed in accordance with the following requirements:
Use of the appurtenant structure must be limited to parking of vehicles or storage;
ii. The portions of the appurtenant structure located below the Base Flood Elevation must
be built using flood resistant materials;
iii. The appurtenant structure must be adequately anchored to prevent flotation, collapse
and lateral movement;
iii. Any machinery or equipment servicing the appurtenant structure must be elevated or
floodproofed to or above the Base Flood Elevation;
iv. The appurtenant structure must comply with floodway encroachment provisions; and
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V. The appurtenant structure must be designed to allow for the automatic entry and exit
of flood waters.
Detached garages, storage structures and other appurtenant structures not meeting the above
standards must be constructed in accordance with all applicable standards as required for A
zones.
Upon completion of the structure, certification that the requirements of this section have been
satisfied shall be provided to the Floodplain Administrator for verification.
b. For V Zones (VE, V1-30 and V):
Floodproofing of non-residential structures is prohibited. All structures must be elevated and
constructed according to the requirements set forth for residential construction.
Before regulatory floodway. In areas where a regulatory floodway has not been
designated, no new construction, substantial improvements, or other development
(including fill) shall be permitted within Special Flood Hazard Area zones AE, Al-A30
as identified in the current effective FIRM or DFIRM panel at that location unless the
applicant demonstrates in the application that the cumulative effect of the proposed
development when combined with all other existing and anticipated development will
not increase the water surface elevation of the base flood more than one foot at any
point within the community.
ii. Fuel storage tanks. Any fuel storage tanks shall be elevated above the base flood
elevation or made watertight and anchored to resist flotation, collapse, and lateral
movement. The tank must also be installed within an impervious containment basin of
a size sufficient to contain 110 percent of storage capacity plus 12 inches of freeboard.
iii. Logging orclearing. Within any special flood hazard area of the current effective FIRM
or DFIRM, logging or clearing may not increase runoff and/or erosion to such levels
that it may significantly damage the floodplain function, riparian habitat or wetlands.
iv. Floodways. Located within flood hazard areas established in this Chapter are areas
designated as floodways. Since the floodway is an extremely hazardous area due to
erosion potential and the velocity of floodwaters which carry debris, the following
provisions apply:
1. All encroachments, including fill, new construction, substantial improvements, and
other development are prohibited unless certification by a registered professional
engineer or architect is provided demonstrating that encroachments shall not result
in any increase in flood levels during the occurrence of the base flood discharge.
2. If subdivision (1) of this subsection is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
this section.
3. Encroachments within the adopted regulatory floodway that would result in an
increase in base flood elevations may be permitted, provided that the City first
applies for and fulfills the requirements for a Conditional Letter of Map Revision
(CLOMR), and receives approval from the Federal Insurance Administrator to
revise the FIRM and FIS in accordance with Notification to Other Entities (B)
D. Coastal High Hazard Areas. Where FEMA has identified coastal high hazard areas (Zones V, VE,
and V1-V30) on the FIRM or DFIRM, construction shall meet the following requirements in
addition to all other provisions in this chapter:
All new construction shall be located landward of the reach of mean high tide and shall be
anchored to prevent lateral movement, floatation or collapse.
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a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all structures, and whether
such structures contain a basement;
b. Base Flood Elevation data for subdivision proposals or other development, including
manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is
the lesser; and
c. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
2. All new construction, manufactured homes, and substantial improvements within coastal high
hazard areas shall be elevated on adequately anchored pilings or columns such that:
a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the
pilings or columns) is elevated to or above the base flood elevation; and
b. The pile or column foundation and structure attached thereto is anchored to resist flotation,
collapse and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Wind and water loading values shall each
have a 1 percent chance of being equaled or exceeded in any given year (100-year or 1-
percent annual exceedance probability mean recurrence interval); and
c. A registered professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction and shall provide a certification that
the design and methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of subdivisions (2)(a) and (2)(b) of this
subsection. The certification and related records will be maintained in the planning
department permit files in perpetuity.
3. All new construction and substantial improvements shall have the space below the lowest
floor free of obstructions. Such enclosed space shall not be used for human habitation (only
used for parking of vehicles, storage or building access) and must be in compliance with the
residential construction standards required in this Chapter.
b. The elevated portion of the building and supporting foundation system shall not be subject
to collapse, displacement, or other structural damage due to the effects of wind and water
loads acting simultaneously on all building components (structural and nonstructural).
Maximum wind and water loading values to be used in this determination shall each have
a 1 percent chance of being equaled or exceeded in any given year (100-year or 1-percent
annual exceedance probability mean recurrence interval).
4. The use of fill for structural support of buildings within coastal high hazard areas on the FIRM
or DFIRM is prohibited.
5. Manufactured Homes. All manufactured homes to be placed or substantially improved within
coastal high hazard areas shall meet the requirements for new and substantial improvement
construction.
E. Standards for Storage of Materials and Equipment
a. The storage or processing of materials that could be injurious to human, animal or plant
life if released due to damage from flooding is prohibited in special flood hazard areas.
Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly
anchored to prevent flotation, or if readily removable from the area within the time available after flood
warning.
14.30.060. Variance procedure.
A. Aiveal Board.
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The Kenai Planning and Zoning Commission shall hear and decide appeals and requests for
variances from the requirements of this chapter.
2. The planning commission shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the planning department in the
enforcement or administration of this chapter.
3. Those aggrieved by the decision of the planning commission may appeal such decision in
accordance with KMC 14.20.290 and 14.20.300.
4. In passing upon such applications, the planning commission shall consider all technical
evaluations, all relevant factors, standards specified in other section of this chapter, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
g. The compatibility of the proposed use with the existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
5. Upon consideration of the factors of subsection (A)(4) of this section and the purposes of this
chapter, the planning commission may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this chapter,
6. The planning department shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
B. Conditions for Variances.
Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a lot of/2 acre
or less in size contiguous to and surrounded by lots with existing structures constructed below
the base flood level, providing subparagraphs (a) through (k) of subsection (A)(4) of this
section have been fully considered. As the lot size increases the technical justification required
for issuing the variance increases.
2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in this section.
3. Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
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4. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to
the applicant;
c. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing local laws or ordinances.
6. Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure, its inhabitants, or to economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, exceptions from the flood elevations should be quite rare.
7. Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight or dry -flood proofing where it can be determined
that such action will have low damage potential, complies with all other exception criteria
except subsection (13)(1) of this section, and otherwise complies with this Chapter.
8. Any applicant to whom a variances is granted shall be given written notice that the structure
will be permitted to be built with a lowest floor elevation below the base flood elevation and
that the cost of flood insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation.
14.30.070. Definitions.
For the purposes of this chapter, the following words and phrases shall be defined as follows:
"100-year or 1-percent annual exceedance probability flood" (also called "regulatory flood," "base
flood", "base flood depth", or "special flood hazard area") means a flood with a 1 percent chance of being
equaled or exceeded in any year. Statistical analysis of available streamflow or storm records, or analysis
of rainfall and runoff characteristics of the watershed, or topography and storm characteristics are used
to determine the extent and depth of the 100-year or 1-percent annual exceedance probability flood.
"Area of shallow flooding" A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average
depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow.
"Area of special flood hazard" The land in the floodplain within a community subject to a 1 percent
or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as
Zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in
meaning with the phrase "area of special flood hazard".
"Base flood" The flood having a one percent chance of being equaled or exceeded in any given
year.
"Base flood elevation (BFE)" The elevation to which floodwater is anticipated to rise during the
base flood.
"Breakaway wall" means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or supporting foundation system.
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Ordinance No. 3298-2022
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"Clearing" means the act of removing trees or vegetation on a cumulative 20 percent or more of a
given parcel of land.
"Coastal high hazard area" means the area subject to high velocity waters due to wind, tidal action,
storm, tsunami or any similar force, acting singly or in any combination resulting in a wave or series of
waves of sufficient magnitude, velocity or frequency to endanger property and lives. The Area designated
on the FIRM as zone V1-30, VE or V.
"Development" means any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations located within the area of special flood hazard.
"Variance" means a grant of relief from the requirements of this chapter, which permits construction
in a manner that would otherwise be prohibited by this chapter.
"Federal Emergency Management Agency" is the agency responsible for administration of the
National Flood Insurance Program.
"Flood hazard area" means the land area covered by the flood, having a 1 percent chance of
occurring in any given year. See also "100-year or 1-percent annual exceedance probability flood." The
land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given
year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, Al-30, AE, A99, AR (V,
VO, V1-30, VE). "flood hazard area" is synonymous in meaning with the phrase "area of special flood
hazard".
"Flood Insurance Rate Map (FIRM) and Digital Flood Insurance Rate Map (DFIRM)" means the
official map of a community on which the Federal Insurance Administrator has delineated both the special
hazard areas and risk premium zones applicable to the community. A FIRM that been made available
digitally is called a Digital Flood Insurance Rate Map.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. Also referred to as "Regulatory Floodway."
"Functionally dependent use" A use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship building and ship repair
facilities, and does not include long-term storage or related manufacturing facilities.
"Highest adjacent grade" The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
"Logging" means the process, work, or business of cutting down trees, storage of logs and
transporting the logs to sawmill(s), or for sale or export.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage,
in an area other than the basement area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable non -elevation design
requirements of this chapter.
"Manufactured home" means a structure, transportable in 1 or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected to
the required utilities. For floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers,
and other similar vehicles.
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Ordinance No. 3298-2022
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"New construction" For the purposes of determining insurance rates, structures for which the "start
of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
For floodplain management purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation adopted
by a community and includes any subsequent improvements to such structures.
"Planning department" means the planning department of the City of Kenai.
"Primary structure" means a dwelling, a building suitable for commercial use, or any structure which
will be served by water or wastewater disposal systems or a fuel storage tank. This definition is applicable
only in the SMFDA.
"Special Flood Hazard Area (SFHA)" see "Flood Hazard Area".
"Start of construction" includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement or other
improvement was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundation or erection of temporary forms; nor does
it include the installation on the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure.
"Structure" means a walled and roofed building including liquid or gas storage tank, as well as a
manufactured home that is principally above ground.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its pre -damage condition would equal or exceed 50 percent of the assessed
value of the structure before damage occurred.
"Substantial evidence" means evidence a reasonable mind might accept to support a conclusion.
"Substantial improvement" means any remodeling, repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before
the improvement or repair is started or, if the property has been damaged and is being restored, before
the damage occurred. This term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified or cited by the local code
enforcement official, and which are the minimum necessary to assure safe living conditions,
or
(2) Any alteration of a structure listed on the National Register of Historic Places or State Register
of Historic Places.
Section 2. That the City Manager, or his designee, is authorized to apply for entry into the NFIP on
behalf of the City.
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
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Ordinance No. 3298-2022
Page 16 of 16
Page 185
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 30 days
after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF AUGUST, 2022.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
July 6, 2022
August 3, 2022
September 2, 2022
New Text Underlined; [DELETED TEXT BRACKETED]
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: June 30, 2022
SUBJECT: Ordinance 3298 — 2022 Enacting Floodplain Management
The Council expressed its intent to participate in the National Flood Insurance Program (NFIP)
earlier this year via Resolution No. 2022-13. Participation in the NFIP is a requirement to work
with the US Army Corp of Engineers on the bluff erosion project. This ordinance enacts a new
chapter of code within Title 14 and authorizes the City Manager to apply for entry into the NFIP
on behalf of the City. City administration has been working with a FEMA Region 10 Floodplain
Management Specialist to work through the process and draft the new chapter of code with
provisions meeting federal regulatory requirements. The new proposed chapter was modeled
after the Kenai Peninsula Borough's existing NFIP ordinances, updated to meet newer federal
requirements, and customized to work within the City's existing code structure. It is intended by
administration that Council will receive input from the Planning and Zoning Commission prior to
enactment.
Your consideration is appreciated.
Page 187
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3299-2022
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
SPECIAL REVENUE AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS AND
AUTHORIZING A NON-FEDERAL REIMBURSABLE AGREEMENT TO PROVIDE PROJECT
SUPPORT FOR A MEDIUM INTENSITY APPROACH LIGHT SYSTEM WITH RUNWAY ALIGNMENT
INDICATOR LIGHTS (MALSR) AND ANY OTHER IMPACTS FROM THE KENAI MUNICIPAL AIRPORT
RUNWAY REHABILITATION PROJECT.
WHEREAS, the MALSR and other facilities surrounding the Kenai Municipal Airport Runway
Rehabilitation Project are owned and operated by the Federal Aviation Administration (FAA); and,
WHEREAS, the FAA can furnish directly or by contract, material, supplies, equipment, and services which
the project requires; and,
WHEREAS, it has been determined that competition with the private sector for provision of such material,
supplies, equipment, and services is minimal; the proposed activity will advance the FAA's mission; and
the FAA has a unique capability that will be of benefit to the Airport while helping to advance the FAA's
mission; and,
WHEREAS, the FAA will provide project support for MALSR and any other impacts from the Kenai
Municipal Airport Runway Rehabilitation Project, which may include, but is not limited to technical
consultation, engineering, design review, site visits, feasibility assessments, project planning, scope
definition, development of costs estimate(s), development of design packages, travel in support of the
reimbursable agreement program management, and procurement of long lead items, if required; and,
WHEREAS, the total estimated cost of this agreement will be $74,722.33; and,
WHEREAS, the advance payment must be received before the FAA incurs any obligation to implement
the Agreement; and,
WHEREAS, the advance payment will be held as a non -interest -bearing deposit; and,
WHEREAS, upon completion of the Agreement, the final costs will be netted against the advance
payment and, as appropriate, a refund or final bill will be sent to the Airport; and,
WHEREAS, per U.S. Treasury guidelines, transactions under $1.00 will not be processed; and,
WHEREAS, 93.75% of the costs associated with this Ordinance are grant eligible under the U.S.
Department of Transportation FAA Order 5100.38D, Airport Improvement Program Handbook, Chapter
3. Section 11. 3-87.; and,
WHEREAS, approval of this Ordinance 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 execute an Agreement with the Department of
Transportation Federal Aviation Administration in the amount of $74,722.33.
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Ordinance No. 3299-2022
Page 2 of 2
Section 2. That the following budget revision is authorized:
Airport Special Revenue Fund:
Increase estimated Revenues —
Appropriation of Fund Balance $74, 222.33
Increase Appropriations —
Transfer to Airport Improvement Capital Project Fund $74,722.33
Airport Improvement Capital Project Fund:
Increase Estimated Revenues —
Transfer from Airport Special Revenue Fund $74, 222.33
Increase Appropriations:
ENA Runway Rehabilitation Project $74, 222.33
Page 188
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
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF AUGUST, 2022.
ATTEST:
Michelle M. Saner, MMC, City Clerk
Approved by Finance: /M .. ,,.._...,w....._..
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
July 06, 2022
August 03, 2022
August 03, 2022
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Page 189
mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: June 30, 2022
SUBJECT: ENA Runway Rehabilitation Project — Non -Federal Reimbursable
Agreement with FAA ATO
This purpose of this memo is to request authorization to enter into an agreement with the FAA Air
Traffic Organization (ATO) for project support for Medium Intensity Approach Light System with
Runway Alignment Indicator Lights (MALSR) and any other impacts associated with the ENA
Runway Rehabilitation Project.
The ATO is responsible for providing safe and efficient air navigation services including the FAA
owned and operated navigational aids at ENA.
As it relates to their facilities, the FAA will provide preliminary planning activities, which may
include, but are not limited to technical consultation, engineering, design review, site visits,
feasibility assessments, project planning, scope definition, development of costs estimate(s),
development of design packages, travel in support of the reimbursable agreement program
management, and procurement of long lead items, if required. The FAA will also provide any
requirements and/or recommendations related to the FAA facilities impacted by the project.
The proximity of the project to the FAA facilities, the supplemental services provided by the FAA,
the additional assurances, and mitigation measures in the agreement will increase the success
of the project.
The agreement requires advance payment, $74,722.33, before any FAA services are provided
and any remaining balance at the end of the project will be refunded. The costs associated with
this agreement, estimated, are eligible for grant funding (reimbursable) under the Airport
Improvement Program at 93.75%.
Council's support is respectfully requested.
City of Kenai 1 210 Fidal o Ave, Kenai, AK 9961111.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross — Police Chief
DATE: June 11, 2022
SUBJECT: Action Approval, Appointment to the Emergency Services Advisory Board.
The Kenai Peninsula Borough has recently reactivated the Emergency Services Communications
Advisory Board aka 9-1-1 Advisory Board. The Board membership is made up of the following:
• Central Emergency Service Area*
• Nikiski Fire Service Area*
• City of Homer Police Department**
• City of Seward Police Department**
• City of Kenai Police Department**
• City of Soldotna Police Department**
• Alaska State Troopers***
• 9-1-1 Dispatch Center
The KPB ordinance indicates the Police Chief of the municipality is the designated board position
unless another member off the Police Department is designated. It also indicates that an alternate
board member may be appointed.
I anticipate that it will be beneficial for the City of Kenai to participate in a local 9-1-1 Advisory
Board, and there is history of this panel working together in the past, though it has not been active
in a number of years.
I am requesting consideration of a motion such as: "Motion to appoint Police Chief David Ross
to the Kenai Peninsula Borough's Emergency Services Communications Advisory Board,
and appoint Lt. Ben Langham as the alternate member to the Board."
Thank you for your consideration.
Page 191
KENAI COUNCIL ON AGING
REGULAR MEETING
JUNE 9, 2022 — 3:00 P.M.
KENAI SENIOR CENTER
CHAIR RACHAEL CRAIG, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Craig called the meeting to order at approximately 3:00 p.m.
a. Pledge of Allegiance
Chair Craig led those assembled in the Pledge of Allegiance
b. Roll was confirmed as follows:
Members Present: Craig, Williams, Thornton, Geller, Modigh, Kilfoyle, Heckert,
Straughn
Members Absent:
A quorum was present
Staff/Council Liaison: Senior Center Director K. Romain, and Council Liaison H.
Knackstedt
C. Agenda Approval
MOTION:
Member Geller MOVED for approval of the agenda as presented and Member Modigh
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. May 12, 2022
MOTION:
Member Thornton MOVED to approve the May 12, 2022 meeting summary. Member Geller
SECONDED the motion. There were no objections. SO ORDERED.
5. UNFINISHED BUSINESS -- None.
6. NEW BUSINESS
a. Discussion — Library Resources for Seniors, Presentation by Elizabeth Kleweno
of the Kenai Library
Kenai Library Program Manager/Coordinator Kleweno gave a PowerPoint presentation on the
different programs available at the Library, especially for seniors.
Page 192
b. Discussion — Greenhouse Dedication in July
Director Romain announced that the dedication for the Bill Osborn Memorial Greenhouse is set
for Tuesday, July 12 at 3:00 pm. She clarified that the greenhouse is fully operational and now
growing tomatoes and cucumbers for the Senior Center kitchen.
7. REPORTS
a. Senior Center Director — Director Romain reported on the following:
• Kenai Peninsula Borough grant will be increased by 10% for FY23.
• Current project replacing mechanical systems for the walk-in cooler and
freezer. Weaver Brothers and Doyle Fuel have supplied a freezer reefer in
the interim.
• Coolers for home meal clients went out this month.
• The deep fryer and new coffee machine have arrived. These were funded by
the ARPA grant through Alaska Community Foundation.
• Asked to schedule the Council on Aging work session for September.
• Vintage Pointe Manor and Senior Center's flowers were planted by
volunteers and staff. This was a big change from previous years with
substantial savings.
b. Council on Aging Chair — Chair Craig reported on the following:
• Concerns about rising costs vs grants as it pertains to Senior Center funding.
c. City Council Liaison — Council Member Knackstedt reported on the actions of the
May 18 and June 1, 2022, City Council Meetings.
• Discussed the land donation to the Boys and Girls Club
8. NEXT MEETING ATTENDANCE NOTIFICATION — July 14, 2022
City Manager Ostrander will give an update on the Bluff Erosion and Riverfront Restoration
Projects.
9. COUNCIL MEMBERS COMMENTS AND QUESTIONS
Member Geller said she would like to see coffee donations given by those who utilize the Center
for games and activities.
10. ADDITIONAL PUBLIC COMMENT — None.
11. INFORMATION ITEMS — None.
12. ADJOURNMENT
There being no further business, the Council on Aging meeting adjourned at 4:55 p.m. Member
Thornton made a motion to adjourn and member Geller seconded the motion.
Meeting summary prepared and submitted by:
Council on Aging Meeting Page 2 of 3
June 9, 2022
Page 193
Meghan Thibodeau
Deputy City Clerk
Council on Aging Meeting Page 3 of 3
June 9, 2022
Page 194
KENAI PARKS & RECREATION COMMISSION
REGULAR MEETING
MAY 5, 2022 — 6:00 PM
KENAI CITY COUNCIL CHAMBERS
CHAIR T. GRANT WISNIEWSKI, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Wisniewski called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Chair Wisniewski led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners present: T. Wisniewski, D. Rigall, J. Dennis, C. Stephens, M.
Bernard, J. Joanis
Commissioners absent: S. Kisena
Staff/Council Liaison present: Parks & Recreation Director B. Walker, Administrative
Assistant T. Best, City Clerk S. Saner, Council Member D.
Sounart
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Stephens MOVED to approve the agenda as presented and Commissioner Dennis
SECONDED the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENT
a. Carly McDonald — Softball Dugouts
This presentation was cancelled by the presenter.
3. UNSCHEDULED PUBLIC COMMENT — None.
4. APPROVAL OF MEETING SUMMARY
a. February 17, 2022
MOTION:
Commissioner Stephens MOVED to approve the meeting summary of February 17, 2022.
Commissioner Bernard SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS — None.
Page 195
6. NEW BUSINESS
a. Discussion/Recommendation — Recommending Council Approval of Proposed
Updates to the Kenai Municipal Cemetery Regulations and Fees
MOTION:
Commissioner Stephens MOVED to recommend that the Council Approval of Proposed Updates
to the Kenai Municipal Cemetery Regulations and Fees. Commissioner Joanis SECONDED the
motion.
City Clerk Saner explained some of the proposed changes including removing the moratorium on
plot reservations, adding new headstone requirements, suspending interment in winter months,
and adding vault requirements to City Code.
Commission discussion involved headstone deposits and upright vs. flat headstones.
UNANIMOUS CONSENT was requested.
VOTE: There were no objections; SO ORDERED.
7. REPORTS
a. Parks and Recreation Director — Director Walker and reported on the following:
• He anticipates that the Parks & Recreation Department will have all seasonal
positions filled this summer;
• The ice rink dasher boards were cleaned with help from Wildwood
Correctional Facility;
• Volunteers and staff repainted the park signs;
• Parks & Recreation is working with the Kenai Softball Association to take care
of their fields;
• The Easter Egg Hunt Day was a success;
• Volunteer Flower Planting Day is coming up.
b. Commission Chair — No report.
c. City Council Liaison — Council Member Sounart noted that she is filling in for Vice
Mayor Glendening, and noted that the Kenai Dog Park is moving forward.
8. NEXT MEETING ATTENDANCE NOTIFICATION — June 2, 2022
9. COMMISSION QUESTIONS AND COMMENTS
Commissioner Bernard noted that the Easter Egg Hunt day looked great.
Commissioner Joanis noted that she was thankful for the fields being snowblowe, and asked
about the bathrooms at little league.
Commissioner Rigall noted that he appreciates being able to participate remotely.
10. ADDITIONAL PUBLIC COMMENT — None.
Parks and Recreation Commission Meeting Page 2 of 3
February 17, 2022
Page 196
11. INFORMATIONAL ITEMS
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:28 p.m.
Meeting summary prepared and submitted by:
Meghan Thibodeau
Deputy City Clerk
Parks and Recreation Commission Meeting Page 3 of 3
February 17, 2022
KENAI PLANNING & ZONING COMMISSION — Page 197
REGULAR MEETING
JUNE 22, 2022 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on June 22, 2022, in City Hall
Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m.
1. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Commissioners present
Commissioners absent
Staff/Council Liaison present:
A quorum was present.
3. Agenda Approval
J. Twait, G. Woodard, D. Fikes, V. Askin, G. Greenberg, J. Halstead
F-AMITSM N
Planning Director R. Foster, Vice Mayor J. Glendening, Deputy
Clerk M. Thibodeau
MOTION:
Commissioner Halstead MOVED to approve the agenda as written. Commissioner Askin SECONDED
the motion. There being no objection; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda. Commissioner Halstead SECONDED the
motion. There being no objection; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission
and will be approved by one motion. There will be no separate discussion of these items unless a
commission member so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General Orders.
5. *Excused Absences - None.
B. APPROVAL OF MINUTES
1. *Regular Meeting of May 25, 2022
2. *Regular Meeting of June 08, 2022
Approved by the consent agenda.
Planning & Zoning Commission Meeting Page 1 of 5
June 22, 2022
Page 198
C. SCHEDULED PUBLIC COMMENTS — None.
D. UNSCHEDULED PUBLIC COMMENTS — None.
E. CONSIDERATION OF PLATS
1. Resolution PZ2022-15 — Preliminary Subdivision Plat of Kristine Subdivision Jahrig
Addition, submitted by McLane Consulting, PO. Box 468, Soldotna, AK 99669, on behalf of
Will & Becky Jahrig, PO Box 51, Kenai, AK 99611.
MOTION:
Commissioner Askin MOVED to adopt Resolution No. PZ2022-15. Commissioner Woodard SECONDED
the motion.
Director Foster provided a staff report as provided in the packet, explaining that the proposed Kristine
Subdivision Jahrig Addition will create a Lot 3A (approximately 3.9 acres), Lot 3B (approximately 2.8 acres),
and a Lot 3C (approximately 1.5 acres). Approval of the plat was recommended, subject to the following
conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
VOTE:
YEA: Askin, Woodard, Fikes, Greenberg, Halstead, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS
1. Resolution PZ2022-14 — Application for a Conditional Use Permit for a Restaurant /
Brewery, for the property described as Lot 3 Kristine Sub No. 1, located at 992 Bridge
Access, Kenai, Alaska 99611. The application was submitted by Will Jahrig, PO Box 51,
Kenai, AK 99611.
MOTION:
Commissioner Halstead MOVED to adopt Resolution No. PZ2022-15. Commissioner Askin SECONDED
the motion.
Planning Director Foster presented his staff report with information provided in the packet explaining that
the applicant wishes to obtain a conditional use permit (CUP) for a restaurant/brewery. The criteria for
conditional use permits was reviewed; it was noted the application met the criteria and City staff
recommends approval subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. Prior to starting any business operations, a landscape/site plan must be reviewed and approved
by the Planning Director.
3. Prior to beginning any construction, a building permit must be issued by the Building Official for
the City of Kenai.
4. Prior to beginning any construction, the City of Kenai Public Works Department will need to be
consulted on any potential or required improvements to Childs Avenue.
5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31 st
day of December of each year.
6. The applicant will meet with City staff for on -site inspections when requested.
Planning & Zoning Commission Meeting Page 2 of 5
June 22, 2022
Page 199
7. If there is a change of use for the above described property a new Conditional Use Permit must
be obtained, pursuant to 14.20.150(i)(5).
8. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or
interruption of the use for a period of at least one year.
Applicant Will Jahrig clarified that they are selling lot 3C to Rick McGlasson who owns Kassik's Brewery,
and helping them so they can start building the new facility. He expressed excitement to be working with
them, and noted that he also has plans to build a new house and shop on lot 3A.
Rick McGlasson explained that he had purchased the brewery from the original owners a few years ago.
He noted that the new location in Kenai will be a good fit, and will improve customer traffic year-round.
In response to questions from the commission, McGlasson clarified that he will be running a restaurant in
addition to the brewery; he will not be detrimentally affected by new brewery licensing restrictions because
they are the first brewery in Kenai and their license will be transferred from previous location; clarified
details about development of utility lines.
Chair Twait opened for public hearing. There being no one wishing to be heard, the public hearing was
closed.
Support was expressed by the commission; it was noted that the brewery will be positive for Kenai's growth,
is a good fit for future development on the waterfront, and supports the Comprehensive Plan. Discussion
included changing the zoning in the waterfront area to support development, and Director Foster noted that
this could be a recommendation of the feasibility study. The suggestion was made to the business owner
that there be a focus on providing a waterfront view in their landscape plan.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
Chair Twait noted the fifteen -day appeal period.
G. UNFINISHED BUSINESS — None.
H. NEW BUSINESS
1. Action/Approval: Recommending the City Council Approve Resolution No. 2022-XX —
Approving the Sale of 1107 Second Street to Amy Fisher
MOTION:
Commissioner Halstead MOVED to recommend that the City Council Approve Resolution No. 2022-XX —
Approving the Sale of 1107 Second Street to Amy Fisher. Commissioner Askin SECONDED the motion.
Director Foster clarified that the City had received competitive land purchase applications for 1107 Second
Street and 1103 Second Street from Amy Fisher and Habitat for Humanity; after discussions, Fisher
withdrew her application for 1103 Second Street if Habitat for Humanity withdrew their request for 1107
Second Street. He explained that the lot is currently vacant, and the proposed use would be a two -car
garage. The window for competing applications closes on July 2, 2022.
Clarification was provided on that the ownership would not be transferred to Fisher until after the condition
of garage construction occurred; one moving part is the subdivision, which is dependent on the design of
the garage. Discussion included GIS discrepancies, and potential complications if a combined property is
reverted back to the City.
VOTE:
YEA: Woodard, Fikes, Greenberg, Halstead, Twait, Askin
NAY:
Planning & Zoning Commission Meeting Page 3 of 5
June 22, 2022
Page 200
MOTION PASSED UNANIMOUSLY.
2. Action/Approval: Recommending the City Council Approve Ordinance No. XXXX-2022 —
Approving the Conditional Donation of City Owned Parcels to the Central Peninsula
Habitat for Humanity, Inc.
MOTION:
Commissioner Askin MOVED to recommend that the City Council Approve Ordinance No. XXXX-2022 —
Approving the Conditional Donation of City Owned Parcels to the Central Peninsula Habitat for Humanity,
Inc. Commissioner Woodard SECONDED the motion.
Director clarified that Central Peninsula Habitat for Humanity had requested to continue with the
construction of housing on Second Street parcels agreed to in Ordinance 2942-2017 for a conditional
donation, which has expired. Two parcels they were requesting (1107 and 1103 Second Street) were
applied for to purchase by Amy Fisher; after discussions, Habitat for Humanity withdrew their request for
1107 Second Street. He noted that the construction of single family homes would be consistent with the
zoning district.
Clarification was provided that COVID-19 had caused delays which had prevented the homes from being
built within the conditional timeframe specified in Ordinance 2942-2017.
VOTE:
YEA: Fikes, Greenberg, Halstead, Twait, Askin, Woodard
NAY:
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS — None.
J. REPORTS
City Council — Vice Mayor Glendening reported on the actions of the June 15, 2022 City
Council Meeting.
2. Kenai Peninsula Borough Planning reported on the actions of the June 13, 2022 Kenai
Peninsula Borough Planning Meeting.
3. City Administration — Planning Director Foster reported on the following:
• The next Planning & Zoning Commission meeting on July 13, 2022 will include a plat
application and a lease renewal.
• Update on bowling alley: City staff has been in touch with new owner who has they
started plans for demolition.
• Director Foster noted that this is his last Planning & Zoning Commission meeting for the
City of Kenai; noted this has been a great commission to work with.
• Max Best will serve as Interim Planning Director; he had previously served as Planning
Director for the Kenai Peninsula Borough.
K. ADDITIONAL PUBLIC COMMENTS
Vice Mayor Glendening commended Director Foster for his work with the City, and noted that Max Best
will serve well as interim.
H. INFORMATIONAL ITEMS — None.
I. NEXT MEETING ATTENDANCE NOTIFICATION
1. July 13, 2022
Planning & Zoning Commission Meeting Page 4 of 5
June 22, 2022
Page 201
J. COMMISSION COMMENTS & QUESTIONS
Commissioner Woodard expressed excitement for development on the waterfront.
Commissioner Askin noted that she was sorry to hear Director Foster is leaving, and she was excited for
the brewery.
Commissioner Halstead noted that Director Foster will be missed.
Commissioner Greenberg thanked Director Foster and wished him luck.
Commissioner Fikes thanked Director Foster for his great work.
Chair Twait expressed appreciation for Director Foster's great work.
K. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:09 p.m.
Minutes prepared and submitted by:
Meghan Thibodeau
Deputy City Clerk
Planning & Zoning Commission Meeting Page 5 of 5
June 22, 2022
Page 202
KENAI BEAUTIFICATION COMMITTEE
REGULAR MEETING
MAY 19, 2022 — 6:00 P.M.
KENAI CITY HALL
CHAIR SARAH DOUTHIT, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Douthit called the meeting to order at 5:30 p.m.
a. Pledge of Allegiance
Chair Gabriel led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Committee Members present: S. Douthit, T. Wilson, B. Roland, J. Phillips,
Committee Members absent
Staff/Council Liaison present
A quorum was present.
C. Agenda Approval
MOTION:
L. Gabriel, C. Warner, E. Heale,
Parks and Recreation Director B. Walker, Administrative
Assistant T. Best, Council Liaison D. Sounart
Committee Member Phillips MOVED to approve the agenda and Vice Chair Wilson SECONDED
the motion. There were no objections; SO ORDERED.
2. UNSCHEDULED PUBLIC COMMENT — None.
3. NEW BUSINESS
a. Discussion — 2022 Flower Update & Volunteer Planting Day
Director Walker noted that the Parks & Recreation department got a new mower, and Assistant
Best discussed the available space in the Kenai Community Garden and asked the committee if
they or anyone they knew had interest in renting plots.
The committee discussed the upcoming Volunteer Plant Day, and Director Walker clarified that it
will take place on June 4, 2022 from 10:00 AM — 12:00 PM, and it will be followed by a barbecue
provided by the Kenai Fire Department. He noted that the annual Kite Festival will also take place
on the same day, and the Parks & Recreation Department will "divide and conquer" the events on
the dame day. Discussion included the public's involvement in Plant Day and outreach efforts.
b. Discussion — 2022 Goals & Objectives
Page 203
Director Walked explained that their goals and objectives include updated park signs, new
landscaping, new mulch in beds, and installation of little free libraries. He noted that one of the
big goals will be to improve the wildflower hill by treating and tilling it for an entire summer to
refresh the soil and kill weeds. Additional goals would be for Kenai to become an Arbor City which
would include planting trees.
The committee discussed beetle kill trees, the Kenai Dog Park, the Doctor's Cabin at the Kenai
Visitor Center; Director Walker explained the City's current efforts to implement plans for these
issues.
c. Discussion — Setting a Date for the 2022 August Garden Tour
The committee scheduled a Garden Tour work session for August 9, 2022.
4. COMMITTEE MEMBER QUESTIONS AND COMMENTS
Committee Member Phillips said to have a wonderful summer.
Vice Chair Wilson noted that she liked the plan for caring for the field of flowers.
Chair Douthit noted she hopes there is something that can be done with the 41h Street Park, it is
ugly.
Council Member Sounart noted that she likes the wildflower plan.
5. ADDITIONAL PUBLIC COMMENT — None.
6. INFORMATION ITEMS — None.
8. ADJOURNMENT
There being no further business before the Committee, the meeting was adjourned at 6:41 p.m.
Meeting summary prepared and submitted by:
Meghan Thibodeau
Deputy City Clerk
Beautification Committee Meeting Page 2 of 2
May 19, 2022
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J U LY 6, 2022
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET:
ACTION ITEM REQUESTED BY
Add to item D. 1. Ordinance No. 3295-2022
• Public Comment City Clerk
From:
Pete Coots
To:
Citv Clerk
Subject:
Lay down for City Council meeting 7/6/22- Ordinance No. 3295-2022
Date:
Wednesday, July 6, 2022 7:31:49 AM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Re: Ordinance No. 3295-2022 "Amending the Official Zoning Map by Rezoning Certain
Parcels Southeast ofBeaver Loop Road along Basin View Way, Kim NAng Court, Cub Court,
Ames Road, and Dolchok Lane from Rural Residential to Rural Residential-L "
Members of the Kenai City Council -
We are writing in strong support for the rezoning of the Basin View Subdivision from rural
residential to rural residential-1. Due to scheduling conflicts, we are unable to testify in
person.
As you'll recall from last summer, our neighborhood banded together in strong opposition to
the conditional use permits to operate a guide service and lodge in our quiet residential
neighborhood.
We seek to maintain the residential character of our neighborhood and we all agree the next
step is to change the zoning designation to rural residential-1.
In addition to our neighborhood, the majority of property owners in an adjoining subdivision
signed the petition to seek similar protection in re -zoning.
Furthermore, the existing businesses located on Ames Rd. initially maintained a neutral
position and did not sign the petition, have since submitted a letter in support of re -zoning.
Thank you for your wise consideration and support of the rezoning our neighborhood.
Sincerely,
Peter M. and Charlotte A. Coots
385 Dolchok Lane
Kenai, AK 99611