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Home My WebLink About2007-06-20 Council PacketMAKE PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: AGENDA DISTRIBUTION DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their pocket up in my office. The portion of the agenda published by the Clarion should be emniled as soon as possible after Noon on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsu/o C/onion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place them onto the city's website from there as soon as possible before leaving the offiee for the weekend. c~ s' ~~~~ ~~~ mcn~ ~~~ G7 m m~ ~~ '~~~_ ;000 iirnacno i ~ z m r O O m < ~~ v•_~ ~ooo ~°~~ zm~m N n C Z n r m m z 0 T ~'~ 0 ~ ~ ~ ~ v v m 0 -n i <i 1 1 1 1 1 1 1 1 I< ~~~ c~ ~~, ~mW~~ p0000 O~~rcn mmmocn ~ ~ crr~ ~C~~~~ l\ `~~; ~ ~ °oA~ m m m D G ~jP K~ G ~~ ~~ ~~~ n 0 C z n r m m z G7 0 ,~ ~' ~. a m m 0 -n t `wJ`~'1 r~ ~ ~' (~ ~~. mcn~~~o~ _ ~yp~~Ortn~ ~~~mm~v>o m~m~ -G ~ .~ ~`--~ ~ ~~~ mcn~-om~~= r O O D o Z~ m m 0 0 m~ ~ ~ ~~~? ~_. mv>~00~ o~~~m~ m~ T mcn~-omg~ ~~0~00000 m ~ ~ ~ ~~~ ~ ~ ~ ~ ~~ ,~ mcn~-oa~~~ r O O oz~mrT'Ocn G7 m ~ '~ m~ ~D07~~OOD ~ ~ ~mmmmpU' m~ ~ ~ -_ ' n ° m cn ~ -o o~ ~ ~ = n r O ~ m o m z ~ m m ~ m ~ z ~ =a z ~ ~O _. ~.. ~~1 ~~i , ~~oo~~= DO~~~~~ z m m m p ~_ 0 m ~ { O ~`"' ~ -~~. ~~ ~~ ~ ~ ~~ 0 c ~` _ _ S IGN IN SHEET PUBLIC HEAR ING „a'.~-~) _, 20C~ ~' NAME - - - ,~~ ! 1 ADDRESS _ // -- -7 y ~gy/!//F C. g ~-~7-~ ~ ----- 66 ®,y~ --- -- -- E _ ~ ~. ~ l~ 7 D ~ [ ~~, '~ ~ ~ ~i ~,v~ a -- ' f-- --- --- y ., ~ y/ - __ _ _ //~ / .-y yq .; pp~ ~ p ¢~T J ~ (J`[y' /~yf'~J 666 gar' ,/~ f _.__ _ ._ .. _ I __ __ _. __...___ _ _ IT I __ _ __... _.__ .._ ... .. _..__._. ._... .___.._.._.. .. .__... Z _ _ ... ... __._._ JUNE 20, 2007 REGULAR COUNCIL MEETING MOTION: 1. MOVE TO APPROVE THE REGULAR AGENDA OF JUNE 20, 2007 SECOND MOTION TO AMEND THE AGENDA: 2. MOVE to AMEND the regular agenda by: -- adding to Item E-8a, SUBSTITUTE Resolution No Development of a Copper, Gold and Molybdenum Prospect Northwest of Lake iliamna, Alaska.. SECOND VOTE ON MOTION TO AMEND VOTE ON MAIN AMENDED MOTION CONSENT AGENDA No Changes. . 2007-38, Supporting the Mine at the Pebble Porphyry Notes: n ~~~~1 SUBSTITUTE Suggested by: Councilman Ross CYTY OF KENAY SUBSTITUTE RESOLUTYON NO. 2007-38 ~~~/~~ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING ~~~~2-- THE DEVELOPMENT OF A COPPER, GOLD AND MOLYBDENUM MINE AT THE PEBBLE PORPHYRY PROSPECT NORTHWEST OF LAKE ILIAMNA, ALASKA. WHEREAS, Northern Dynasty Minerals Ltd. has announced its intentions to develop the Pebble Gold-Copper-Molybdenum Porphyry Prospect northwest of Lake Iliamna, Alaska into a large mine operation; and, WHEREAS, Northern Dynasty Minerals Ltd. continues to demonstrate a commitment to the residents of the Bristol Bay Region, Lake and Peninsula Borough, and the City of Kenai by continuing on-site updates and providing the latest information on their plans; and, WHEREAS, the Pebble Porphyry Mine and related infrastructure must be constructed in a manner ensuring adequate environmental protection for the regions' wildlife and other subsistence resources and must be constructed in a culturally sensitive and responsible manner, and result in making it's hundreds of high-paying, long-term and rewarding jobs available to residents of Alaska; and WHEREAS, the City of Kenai requests the State of Alaska continue a public permitting process that encourages public participation and comments. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, demonstrates its support for the development of a mine at the Pebble Porphyry site, in an environmentally and culturally responsible manner, and BE IT FURTHER RESOLVED, that the Kenai City Council encourages the support of local, state and federal governments to work with Northern Dynasty Minerals to advance this critically important project to the public review and hearing process. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 200'7. PAT PORTER, MAYOR ATTEST: Jenifer Lockwood, Acting City Clerk AGENDA KENAI CITY COUNCIL -REGULAR MEETING JUNE 20, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / Iwww.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Janice Chumley, Kenai Soil & Water Conservation Service/UAF Cooperative Extension Service -- Alaska Weed Awareness Week........ . 2. Maya Johnson -- 4-H Activities Update ............................ . ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2237-2007 -- Amending KMC 23.50.01.0(b) by Creating the Job Class/Title of "Administrative Assistant IV" (Class Code 21'7) and Placing itatRangel4 .................................................. 2. Ordinance No. 2238-2007 -- Amending Title 11 of the Kenai Municipal Code by Eliminating the City of Kenai Harbor Commission, Reassigning its Duties to other Entities Within the City of Kenai and Updating Regulation of the Harbor Area ......................................................... 3. Ordinance No. 2239-2007 -- Increasing Estimated Revenues and Appropriations in the Water and Sewer Fund and the Wildwood Water Main Capital Project Fund to Provide Adequate Funding for the Project.......... . 4. Resolution No. 2007-34 -- Directing the Continuation of the Project Entitled "Shamrock Circle Paving District" and Designating What Improvements Are to be Included in this Project ....................................... . 1 54 56 5. Resolution No. 2007-35 -- Authorizing the Purchase of Tract A, Alaska State Land Survey No. 2004-25 from the State of Alaska; for Market Value, for a Public Purpose ................................................. 58 6. Resolution No. 2007-36 -- Transferring $10,000 in the Street Lights Department for a New Street Light and Other Improvements ............... 61 7. Resolution No. 2007-37 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Integrity Janitorial Service, LLC for the Period July 1, 2007 through June 30, 2010 ...................................... 62 8. Resolution No. 2007-38 --Supporting the Development of a Copper, Gold and Molybdenum Mine at the Pebble Porphyry Prospect Northwest of Lake Iliamna, Alaska ....................................................... 63 9. Resolution No. 2007-39 -- Rejecting All Bids for the Project Entitled Wildwood Water Main - 2007 ...................................... 64 10. Resolution No. 2007-40 -- Authorizing Arctic Barnabas Ministries, Inc. be Granted the Contractual Right fora 20 Year Lease Renewal fora 35 Year Lease on Lot 9A, Block S, General Aviation Apron Subdivision No. 5......... 65 11. WITHDRAWAL OF PROTEST OF LIQUOR LICENSE CONTINUATION OF OPERATIONS -- Kings Inn Property Management LLC, d/b/a Kings Inn Hotel, Restaurant 8~ Lounge, LLC (License #2457) ............................ 66 12. *'APPROVAL OF LIQUOR LICENSE -- Griffin Golf Enterprises, LLC, d/b/a/ Kenai Golf Course (License #4708) .................................. 68 ITEM F: MINUTES 1. *Regular Meeting of June 6, 2007 ................................... 71 ITEM G: UNFINISHED BUSINESS YTEM H: NEW BUSYNESS 1. Bills to be Ratified .............................................. 93 2. Approval of Purchase Orders Exceeding $15,000 ....................... 94 ITEM I: COMMISSYON/COMMITTEE REPORTS 1. Council on Aging ............................................... 2. Airport Commission ............................................. 3. Harbor Commission ............................................. 96 4. Library Commission ............................................. 98 S. Parks 8v Recreation Commission .................................. . 6. Planning Z~ Zoning Commission ...... ............................. . 7. Miscellaneous Commissions and Committees a. Beautification Committee ......... ............................. . b. Alaska Municipal League Report ................................ . c. Joint Kenai River Working Group ................................ . d. Mini-Grant Steering Committee .... ............................ . ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager .................................................. 102 2. City Attorney .................... .............................. 115 3. City Clerk ....................... .............................. ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai. to the Central Mixed Use Zone, Including Parcels Currently Zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. (4/4/2007, Tabled, no time certain.) Reconsideration of Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(l) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years.(6/6/07, Tabled to July 18, 2007.) -- Annual Evaluation of City Manager ITEM N: ADJOURNMENT INFORMATION ITEMS JUNE 20, 2007 Page No. 1. 6/20/2007 Purchase Orders Between $2,500 and $15,000 for council review.. 118 2. 6/ 15/2007 K.P. Food Bank 2007 Alaska Gaming Permit Application ........ 119 Suggested by: City Manager CFTY OF Ii.ENAI ORDf1VANCE NO. 223'7-2©OZ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.50.010(b) BY CREATING THE JOB CLASS/TITLE OF "ADMINISTRATIVE ASSISTANT IV°' (CLASS CODE 217) AND PLACING IT AT RANGE 14. WHEREAS, the Assistant to the City Manager is currently an Administrative Assistant III (Class Code 211) at a Range 12; and, WHEREAS, the position of Assistant to the City Manager has recently been assigned various personnel duties previously performed by the Finance Department; and, WHEREAS, the job description of the Assistant to the City Manager is being amended to include those additional job duties and responsibilities; and, WHEREAS, because of the knowledge and e:~zpertise required to perform the new personnel duties, the Assistant to the City Manager should be classified above the range for an Administrative Assistant III; and, WHEREAS, crealion of a new job classJtitle of Administrative Assistant IV is needed to reflect the additional duties of the Assistant to fhe City Manager. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010(b) (Administrative Support) is amended by adding the following: Class Code Class Title Range 217 Administrative Assistant 1~T 14 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 6, 2007 Adopted: June 20, 2007 Effective: July 20, 2007 „~`lla~e u>it~t a fast r/i~ r~it~t a Futur'e,~ ,' %~v r ate, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 _-~~~ Telephone:907-253-7535/FAX:907-283-3014 (~l~~l ^` " 1442 f/~e ca'z~ o f' .. NENAIV~ALgS16~ ~~~~ • TO: City Council /~ FROM: DATE Rick Koch May 31, 2007 SUBJECT: Creation of Job Ciass/Title of Administrative Assistant iV The purpose of this correspondence is to discuss the above referenced subject. Admnzistration recommends the Council approve the creation of a new job class, Administrative Assistant IV, The Assistant to tha City Manager is presently an administrative assistant IIT, a range 12. The creation of this new classification recognizes the additional duties being undertaken by that posifion. With Robin Feltman's retirement, it was an opportune time to re-assign the personnel duties her position had assumed over time. This re-assio~rmrent of human resource duties to the Assistant to the City Manager is logical, in that the City Manager administers the city's persomiel code. City code provides s salary range of 16 for a Personnel Officer. Since the human resource duties comprise approximately 40-50% of the duties for this proposed position, a range 14 is appropriate. Thank you for your attention in this matter. attachments 2 CITI' OF KENAI CITY MANAGER/AIRPORT JOB DESCRIPTION Title: ADMIIVISTRATIVEASSISIANT IV Range: 14 Normal HourslWk: 40 -Monday through Friday, 8 a.m. - 5:00 p.m. Supen~isor: City Manager Working Environment: Duties are performed in an office setting. General Description: Provides administrative support to the City Manager. Implements paIicies established by the City Council and City Manager. Responsible for City-wide personnel functions and offers professional-level hmnan resources assistance, services and guidance in recruitment and selection. Monitors City land system. Work is performed independently under the general supervision. of the City Manager. Essential Job Functions: Act as liaison to Department Heads, under direction of the Cify Manager to improve efficiency in city government. i/xarmples include: a. Perform administrative duties in support of the City Manager. b. Screen citizen complaints and problems; resolve issues whenever possible. c. Assist in formulating budgets for and purchase from City General Fund Land, Non-Depaztmental and Kenai Visitors Center. d. Prepare ordinances and resolutions. e. Complete special projects as assigned, such as conducting polls and surveys. f Sign accounts payable uid payroll checks. g. Provide backup for other departments as necessary. 2. Personnel Duties a. Confer with the City Manager on a frequent basis regarding personneiissues. b. Maintain. personnel files for ail City employees. c. Manage employee confidential medical records program. d. Conduct orientation and processing of new employees. Conduct terminafi,on interviews. Answer questions and provide information to employees regarding pay and benefits. e. Monitor City's employee appraisal system by notifying department heads of performance evaluations due and follaw-up. Review evaluations and persaruael transactions for compliance and accuracy. 3 Administrative Assistant IV ]ob Description 6!112007 f. Review and completion of alI workers' compensation injury report forms. Ensure reports are filed timely to appropriate agencies. g. Confer with the City Attorney and Finance Director on a frequent basis to assure that the City's personnel practices and policies are up-to-date and in conformance. h. Assist and advise Department Heads to assure that the City's personnel policies are performed efficiently, within the confmos of applicable laws, ordinances, rules and regulations. i. Ensure City facilities are iai compliance with employment posters. j. Assist and advise Department Heads and supervisors in job description development, recruitment techniques and workplace trauiing. k. Review, critique and approve job descriptions for compliance with. federal and. state personnel laws. Approve advertisements for position openings. 1. Maintain updated job descriptions for ali departments in central location. m. Develop proposed regulation changes and work with City Manager, City Attorney and Department Heads on revisions to Employee Handbook, Superdtsor's Handbook and Personnel Code. n. Update and distribute the Employee and Supervisors' Handbooks. o. Administer the City's drug and alcohol testing program. p. Meet with employees regarding personnel issues and concerns and encourage open commtuzication to achieve goals and resolve issues. q. Serve on Safety Committee r. Responsible for strict confidentiality in personnel matters. 3. Monitor city land system. Administer Title 21 and 22 of the Kenai Municipal Code. a. Administer land leasing program. b. Ensure land leases are in compliance with all terms of lease and haue required insurance coverage. c. Maintain deeds and patents, order litigation reports, appraisals and surveys outside of Airport Reserve. d. Work with federal, state and local agencies to obtain property restriction releases, acquisitions and approvals. e. Perform comprehensive duties in suppor of city land management. A variety of different and unrelated processes are involved. Use judgment in interpreting and adapting guidelines to specific situations. f. Make policy recommendations on land issues and prepare related ordinances and resolutions. g. Prepare public land sales on city owned property according to procedures outlined in Kenai Municipal Code. h. Provide information. to the public regarding city land acquisition. Page 2 of 4 4 .Administrative Assistant IV Job Description 6/1/2007 outside of Airport Reserve: provide copies of plats and appraisals; explain procedures for acquiring land; process paperwork related to purchase or lease of City owned land. Assure procedures and paperwork are in conformance with requirements of the Kenai Municipal Code. Draft legal documents pertaining to leases and lord sales for legal review. After necessary approvals, ensure proper signatures and recording. 4. Perform the duties of the City Manager when delegated to do so. Oualifrcations: Knowledge of practices of public administration, human. resource management and land administration. Knowledge of federal, state and local employment laws and requirements. Knowledge of methods and procedures used in compiling, analyzing, interpreting and reporting data. Knowledge of the application of instructions and guidelines to specific problems. Knowledge of real estate laws and terminology. Knowledge of public relations techniques. Knowledge of fiscal pluming. Knowledge of variety of computer software, including word processing, spreadsheets and databases. Knowledge of office procedures and equipment, including multiple Line telephones, copiers, fax machines and filing systems. Ability tc perform tasks with little or no supervision. Must complete duties with inflexible deadlines. Ability tp interpret and apply Kenai Municipal. Code, laws, regulations and administrative policies to City matters. Ability to research, analyze, and recommend solutions to new and unusual situations. Ability to coordinate a wide range of duties with frequent interruptions. Page 3 of 4 5 Administrative Assistant l~r Job Description 6(1/2007 Ability to oommunicate well orally and in writing. Ability to make decisions and take necessary actions. Ability to organize and maintain filing systems. Ability to operate personal. computers, software, calculator and. copy machines proficiently. Ability to compose clear accurate reports anal business correspondence. Ability to type 60 w.p.m. accurately. Ability to establish and maintain effective working relationships with the City Manager, City Council, outside agencies, the general public, and co-workers. Possess, or have ability to obtain, a valid Alaska drivers license, with a good driving record. At City expense, applicant must possess or have ability to obtain an Alaskan Notary Public certification. Ability to perform essential job functions. Ixperience And Trainin¢: Five yeazs related experience, college course work or any combination of experience, training and education with ass emphasis in business administration or human resource management, which provides the applicant with. the knowledge, skills, and qualifications, required to perform. the essential job functions. Page 4 of 4 6 Suggested by: Council CITY dF KENIAS dRDINANCE NO. 2238-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA., AMENDING TITLE 1 1 OF THE KENAI MUNICIPAL CODE BY ELIMINATING THE CITY OF KENAI HARBOR COMMISSION, REASSIGNING ITS DUTIES TO OTHER ENTITIES WITHIN THE CITY OF KENAI AND UPDATING REGULATION OF TIIE HARBOR AREA. VSHEREAS, Title 11 of the Kenai Municipal Code established the Kenai Harbor Commmission and sets forth its duties and responsibilities; and, WHEREAS, it has become increasingly difficult to recruit committed Harbor Comrrussion members to achieve a quorum for Harbor Commission meetings; and, WHEREAS, the duties of the Harbor Commission can be reassigned to the City of Kenai Planning and Zoning Cosnrxussion and City Manager; and, WHEREAS, it is in the best interest of the City of Kenai to eliminate the Harbor Commission and reassign its duties; and, WHEREAS, the rules regarding the regulation of the "harbor" area contained in Title 11 of the Kenai Municipal Code need to be revised and updated. WHEREAS, it is in the best interest of the City of Kenai to eliminate the Harbor Commission and reassign it duties. NOW, THEREFORE, SE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Title i I of the Kenai Municipal is amended as shoum in Attachment A. PASSED BY THE COUNCIL OF THE CSTY OF KENAI, ALASKA, this 20th day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effecflve: June 6, 2007 June 20, 2007 July 20, 2007 7 Chapter 1.1.05 HARBOR MASTER 11.05.01.0 Harbor I1~laster. 1.1.05.024 Harbor defined. 11.05.030 Harbor regulations. 11A5.040 Permit for terminal or transportation. facilities. 1 L05.050 Condition as to equal services and rates. 11.05.060 lnvesfigation of holder-caneellafion. 11..05.070 Facility rates-and charges. 11.05.080 Leasing not prohibited. 11.05.090 Use of launch ramp and float. 11.OS.010 Harbor Master. The Harbor Master, shall be appointed by the Czt~Manaoer [THE PUBLIC WORKS DIRECTOR}. The Harbor Master shall be the chief administrator of the harbor and its facilities. He shall have all powers and duties prescribed by ordinance and the regulations and rates prescribed by the City Manager. In addition, insofar as it is appropriate, shall have all powers and duties and rates prescribed by the City Manager, subject to approval by the Council; and, in addition, insofar as it is apprap,:;ate, s hall have ail powers and duties imposed 'upon harbor masters, port directors, and administrative heads of harbors and ports by Federal or State law. 11.05.020 Harbor defined. The harbor shall embrace all that portion of the Kenai River located within the City of Kenai, including all tide and submerged lands, whether filled or unfilled, situated below the line of mean high tide[, AS MAYBE LEASED FROM THE STATE OF ALASKA}: 11.05".030 Harbor regulations. The City Manager is hereby empowered, subject to change by the Council, to make such rules and regulations required for the operation of the harbor, not in conflict with the provisions of this Code, and to establish the fees, rates, and charges for the bilhn~ and collections for the support of the harbor, and no person shall fail to comply with any such rule or regulation. 11.05.040 Permit for terminal or transportation facilities. [(A} ALL LESSEES, OWNERS, OR OCCUPANTS OF PROPERTY WITHIN THE HARBOR OR CONTIGUOUS TO IT WHO WISH TO CONSTRUCT OR OPERATE TERMINAL OR TRANSPORTATION FACILITIES OF ANY KIND THEREIN, LNCLUDING BUT NOT LIMITED TO DOCKS AND WAREHOUSES, SHALL APPLY TO THE LANDSCAPPVG/SITE PLAN KEVIEW BOARD FOR A PERMIT. APPLICATION THEREFOR SHALL BE MADE IN ACCORDANCE WITH REGUZATIONS DESCRIBED IIV' KMC 14.25, ENTITLED "LANDSCAPING/SITE PLAN REGULATIONS," AND SHALL BE ACCOMPANIED BY A PLAN OF THE PROPOSED CONSTRUCTION; WHICH SHALL MEET ALL STANDARDS AND REQUIREMENTS WHICH MAY BE SET FORTH BY THE COUNCIL. Ordinance No. 2238-2007 Attachment "A" 5/31/2007 8:39 AM ' C:1Dacumen[s atsd 9et[ings\efreaslCnesl 3etringslTernpnrary Internet FileslOLI4B1Chapter 111,doc Page I of 46 (B) THE APPLICANT SHALL REFER ALL PLAINS OF THE TYPE OR LOCATION OF ANY PROPOSED CONSTRUCTION WHICH ARE OR MAY BE IN CONFLICT WITH THE GENERAL CITY PLAN TO THE HARBOR CONLMISSION AND THE LANDSCAPINGISITE PLAN REVIEW BOARD TO DETERMIlVE WHETHER SUCH PROPOSED CONSTRUCTION TS IN KEEPING WITH THE OBJECTIVES OF THE GENERAL PLAN. THE DECISION OF THE LANDSCAPING/SITE PLAN REVIEW BOARD SHALL BE BINDING UNLESS APPEALED BY COUNCIL. THE BUILDLNG OFFICIAL MAY ISSUE PERMITS UPON SUCH TERMS AND CONDITIONS AND FOR SUCH DURATION AS IT MAY DEEM PROPER, AND NO CONSTRUCTION MAY BEGIN OR OPERATION CARRIED ON WITHOUT A PERMIT FROM THE BUILDING OFFICIAL.] 11.05.050 Condition as to equal services and rates. [IT SHALL BE A CONDITION OF ALL PERMIT`S GRANTED BY THE CITY COUNCIL THAT THE FACILITIES TO BE CONSTRUCTED AND THE SERVICES TO BE SUI'PL~D IN CONNECTIONWITH THEM SHALL BE MADE AVAILABLE TO ALL CARRIERS UPON EQUAL TERMS, AT EQUAL RATES, AND WITHOUT DISCP.IM~'ATION OF AN'Y KIND.] 1.1.05.060 Invesfigatian of holder-Cancellation. [T'I~ CITY COUNCIL MAY INQUIRE INTO THE MANNER IN WHICH OBLIGATIONS UNDER TIC PERMIT'S ISSUED BY I'I' ARE CARRIED OUT, AND INTO THE RATE SCHEDULES ANTD PRACTICES OF THE PERMIT HOLDERS FOR PURPOSES OF DETERMLNING WHETHER THE PROVISIONS OF THE PERMITS ARE BEING COMPLIED WITH. IT SHALL HAVE ACCESS TO BOOKS AND RECORDS AND TO TERML~'AL AND TRANSPORTATION FACII.,ITIES AS MAY BE REASONABLY NECESSARY TO ENABLE IT TO MAKE SUCH A DETERMINATION. SHOULD THE COUNCIL AT ANY TIME FIND THE PERMIT HOLDER IS NOT COMPLYING WITH THE TERMS OF HI5 PERMIT, IT MAY CANCEL THE PERMIT' UPON SUCH NOTICE AND IN ACCORDANCE WITH SUCH PROCEDURE AS IT MAY, BY REGULATION, PRESCRIBE.] 11.05.070 Facility rates and charges. [THE CITY MANAGER SHALL FI~i THE RATES AND CHARGES FOR THE USE OF ANY AND ALL TERMINAL OR TRANSPORTATION FACILITIES CONSTRUCTED ON PROPERTY UNDER ITS JURISDICTION, INCLUDING CHARGES ASSESSED AGAINST VESSELS, THEIR OWNERS, AGENTS OR OPERATORS WHICH LOAD OR DISCHARGE CARGO AT ANY OF THE TERMINALS WITHIN THE HARBOR AREA; CHARGES FOR BERTHAGE WHILE LOADING OR DISCHARGING CARGO; CHARGES FOR ADMINISTRATIVE EXPENSES IN SERVLNG THE CARRIER'S CHARGES POR FREIGHT HANDLING, LOADING, UNLOADING AND WHARF DEMURRAGE RATES. SUCH RATES AND CHARGES SHALL BE JUST AND REASONABLE, AS DETERMINED BY THE CITY MANAGER, SUBJECT TO CHANGE BY THE COUNCIL, AND SHALL BE Ordinance No. X238-2007 Auaclunent "A" 5/31/2007 8:39 AM CaDacnments acrd Settingsiclreas\Local SetdrrgsYfemporary Internet Files\OLICI3tChapt~er ] 1 t.dac Page 2 of 46 9 PUBLISHED BY- POSTING ON THE COUNCIL BULLETIN BOARD AND IN SUCH OTHER MANNER AS THE COUNCIL MAY REQUIRE.] 11.05.080 Leasing not prohibited. Nothing in this chapter or in this code of ordinances shall prohibit the City Council from leasing the doelcs, dock sites, and other harbor facilities to private persons, firms, and corporations. 11.Os.090 Use of launch ramp and float. (a) The City of Kenai launching facility shall. be open to the public upon reasonable terms and conditions as provided by regulation. (b) Failure to pay a boat launch fee for the City of Kenai launching facility set forth according to KMC 1 LU5 within one (1} hour of the retrieval. of the boat or verse] from the water shaI1 be a violation punishable by a fine of $SO.OQ. (Ord. 1597-94} (e) IC shall be unlawful to block access to either of the launch ramp ar float facilities. "Blocking access" means leaving a boat, trailer, or vehicle upon the launch ramp or float in such a position as to prevent the launching or retrieval of boats. (d) Person blocking access to the ramp or float facilities shall be subject to a civil penalty as provided in KMC 13.05.010(b). (e} Each one-hour period for which the ramp or float is blocked shall be considered a separate offense for the purposes of civil penalties. Chapter 11.10 HARBOR COMMISSION 11.10.010 Duties and powers. ll.lO.Olfl Duties and powers. [(A) THE COMMISSIONr SHALL BE REQUIRED TO DO THE FOLLOWLNG: (1) DEVELOP, ADOPT, ALTER, OR REVISE, SUBJECT TO APPROVAL BY THE CITY COUNCIL, A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OP HARBOR OR PORT FACII,ITTES FOR THE CITY. SUCH MASTER PLAN WITH ACCOMPANYING MAPS, PLATS, CHARTS, DESCRIPTIVE, AND EXPLANATORY MATTER, SHALL SHOW THE COMMISSION'S RECOMMENDATIONS FOR THE DEVELOPMENT OF THE CITY HARBOR FACILITIES MAY INCLUDE, AMONG OTHER THINGS: {I) DEVELOPMENT OF THE TYPE, LOCATION, AND SEQUENCE OF ALL PUBLIC HARBOR FACILITIES; (II} THE RELOCATION, REMOVAL, EXTENSION, OR CHANGE OF USE OF EXISTING HARBOR FACILITIES; (2) SUBMIT ANNUALLY TO THE CITY MANAGER AND COUNCIL, NOT LESS THAN NINETY (90}DAYS PRIOR TO THE BEGINNING OF THE BUDGET YEAK, Ordinance No. 2238-2007 Att¢ekment "A" 5/31Y2007 8:39 AM C:\Documents and Settings\ciYeasV..ocat SettingslTemporary Internet Fires\OLKB\Chapc..r 7. Li.doc Page 3 of 4G 10 A LIST OF THERECOMMENDED CAPITAL IMPROVEMENTS WHICH, IN THE OPINION OF THE COMMISSION, ARE NECESSARY OR DESIRABLE TO BE CONSTRUCTED DURING THE FORTI3COMING THREE (3}YEAR PERIOD. SUCH LIST SHALL BE ARRANGED LN ORDER OF PREFERENCE, WITH RECOMMENDATIONS AS TO WHICH PROTECTS STdALL BE CONSTRUCTED IN WHICH PEAR. (3) MAKE INVESTIGATIONS REGARDINTG ANY MATTER RELATED TO CITY HARBOR FACILITIES, TIDE OR SUBMERGED LANDS. MAKE RECOMMENDATIONS TO THE COUNCTL'RELATIVE TO THE CARE, CONTROL, AND DEVELOPMENT OF TIDE AND SUBMERGED CANTOS. (4) ACT IN THE CAPACITY AS DIRECTED AND AL"THORLZED BY A TIDELANDS ORDINANCE ADOPTED BY THE CITY. (5) REVIEW ALL CITY LEASES OF CITY-OWNED TIDE, SUBMERGED, AND LANDS OR NAVIGABLE WATERS WITHIN THE CITY, AND AS TO THE PLANNED IMPROVEMENTS PROPOSED AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL. (6} MAKE A_!VD PREPARE REPORTS AND PLANS FOR APPROV-AL BY TI3E CITY COUNCIL,. (7) COORDINATE PUBLIC EFFORTS, INDIVIDUAL AND GROUP, TO TIC EFFECTUATION OF APPROVED PLANS. (8) SHALL ACT W ADVISORY CAPACITY IN THE SELECTION OF A HARBOR DIRECTOR SHOULD SUCH A POSITION BE CREATED BY THE CITY CODUNCIL.] Chapter 11.15 TIDELANDS 11.15.010 Short title. 11.15.0 Definitions. 11,.15A30 Approval and acceptance of State conveyance. 11..15.040 Approval and adoption of subdivision plat. 11.15.054 Time and places of pasting plat. 1L15.060 Publication of notice of posting plat and plat and passage of ordinaaee. 11.15.070 Time in which applications wiII be accepted. for filing. 11.1.5.080 Procedure for filing applications. 1L15.090Initial review by Commission. 11.15.100 Preliminary plat. IL15.110 Preliminary plat requirements. 11.15.120 Survey procedure. 11.15.130 Procedure on final plat. 1115.140 Final plat requirements. 11.15.150 Deposits for costs prerequisite to filing. 11.15,160 Adda"tional costs in certain eases. 11.15.170 Procedures for processing filed applications. 11.15180 Appraisal. 11.15.190 Review by City Engineer. ' Ordinance No. 223$-2007 AteaehmenC "A° .5!37/2007 6:39 AM C:1Documents and Settings\cfreaslLocal. SeriingslTamparary Internet Files\OLKB\Chapter 1 Zl.doc Page 4 of 46 11 11.15.204 Recommended. approval by Contuiission. 11.15.210 Proeessireg of approved applications by Clerk and notice to public. 11.15.220 Deeds-Permanent register. 11.15.230 Special proceedings for disputed claims. 11.15.240 Proceedings for determination by Council of ail d'asputes. 11.15.250 Determination upau stipulation of facts. 11.15.264 Rejection of protests other than by applicant. 11.15.270 Handling of deposit and purchase funds. 1L1S.280 Forfeiture of preference rights. 1115.290 Forms. 1115A10 SHORT TITLE. [THIS ORDINANCE SHALL BE KNOWN AS THE "KENAI TIl7ELANDS ORDINANCE."] 11.15.424 DEFINIT10N5. [FOR THE PURPOSE OF THIS ORDINANCE, THE TERMS DEFINED HEREIN SHALL HAVE THE MEANING PROVIDED UNLESS THE CONTEXT REQUIRES OTHERWISE: (A) "ALASKA" MEANS THE STATE OF ALASKA. (B) "AGRICULTURAL LANDS" MEANS TII?ELANDS CHIEFLY VALUABLE FOR AGRICULTURAL PURPOSES. {C) "ASSESSOR" MEANS THE ASSESSOR OF THE CITY OF KENAI, ALASKA, OR OTHER INDIVIDUAL DESIGNATED BY THE CITY MANAGER TO PERFORM THE FUNCTIONS HEREIN ASSIGNED TO THE ASSESSOR. (D) "CITY" MEANS THE CITY OF KENAI, ALASKA. (E) "CITY ENGIlVEER" MEANS THE CITY ENGINEER OF TI-ZE CITY. OR OTHER CITY OFFICIAL DESIGNATED TO PERFORM THE FUNCTIONS HEREIN ASSIGNED TO THE CITY ENGINEER. {F) "CLASS I PREFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO PERSONS WHO OCCLI'IED OR DEVELOPED TILtE OR SUBMERGED LANDS SEAWARD OF A SURVEYED TOWNSI'TE ON AND PRIOR TO SEPTEMBER 7, 2957, AND WHO HAVE EXECUTED A WAIVER TO THE CITY AND STATE OF ALL RIGHTS SUCH OCCUPANT MAY HAVE HAD PURSL?4NT TO PUBLIC LAW 85-303. UPON EXECUTION OF THE WAIVER, SUCH PERSOR'S OR THEIR SUCCESSORS IN INTEREST, HAVE THE RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS FROM THE CITY FOR CONSIDERATION OF THE COSTS OF SURVEY; AND TRANSFERRING AND CONVEYING THE TITLE. {G) "CLASS II PREFERENCE RIGHT" MEANS 'I'I-iE RIGHT EXTENDED TO CLASS I PREFERENCE RIGHT CLAIMANTS WHO REFUSE TO EXECUTE A W A1VER TO THE CITY OF ANY RIGHTS SUCH OCCUPANTS MAY HAVE ACQUIRED PURSUANT TO PUBLIC LAW 85-303. IT SHALL BE MANDATORY FOR THE CITY TO EXPEDITIOUSLY DONOR THE APPLICATION FROM THE OCCUPANT AFTER THE SECRETARY OF THE ARMY I-IAS SUBMITTED TO TIIE SECRETARY OF THE INTERIOR AND GOVERNOR OF THE STATE MAPS 5FIOWING THE PIERHEAD LINE ESTABLISHED BY THE CORPS Ordinance No. 2238-2007 Attachment "A°' 5/37/2007 8:59 AM C`:\Documence and Settfngslcfreas\Locai Set[ings\Temporaxy Internet Files\OLKB\Chapter l ll.doc Page 5 of46 12 OF ENG~IEERS WITH RESPECT TO THE TRACT SO GRANTED. THE MO5T EXPF,DITIOUS METHOD OF SECURING TITLE TO SUCH LANDS IS TO EXECUTE THE WAVER OF CLASS 1I RIGHTS AND PROCEED TO APPLY FOR TITLE UNDER A CLASS I PREFERENCE RIGHT. (I} "CLASS III PREFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO PERSONS WHO OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS AFTER SEPTEMBER 7, 1957, AND WHO CONTINUED TO OCCUPY THE SAME ON JANUARY 3, 1959. SUCH PERSONS, OR THEIR SUCCESSORS, HAVE THE RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS FOR A CONSIDERATION NOT TO EXCEED THE COSTS OF APPRAISAL, AND THE ADMINISTERING AND TRANSFERRING, INCLUDING SLTIZVEY, TOGETHER WITH THE APPRAISED FAIR MARKET VALUE THEREOF, EXCLUSIVE OF ANY VALUE OCCURRIlVG FROM IMPROVEMENTS OR DEVELOPMENT, SUCH AS FILL MATERIAL, BUILDING, OR STRUCTURES TkIEREON. (J} "CLERK" MEANS THE CLERK OF THE CITY. (K) "COMMISSION" MEANS THE CITY OP KENAI ADVISORY HARBOR COMMISSION. (L) "DIRECTOR" MEAN5 THE DIRECTOR OF LANDS, STATE OF ALASKA (M) "DIRECTOR'S LINE" MEANS A LIlVE SEAWARD OF THE CITY, APPROVED BY THE DIRECTOR, WITH THE CONCURRENCE OF THE COMMISSIONER OF NATURAL RESOURCES, STATE OF ALASKA, SEAR'ARD OF ALL TIDE AND SUBMERGED LANDS OCCUPIED OR SUITABLE FOR OCCUPATION AND DEVELOPMEN~"i` WITHOUT UNREASONABLE INTERFERENCE WITH NAVIGATION. (N) "FAIR MARKET VALUE" MEANS THE HIGHEST PRICE, DESCRIBED EvT TERMS OF MOiv'EY. WHICH THE PROPERTY WOULD BRING IF EXPOSED FOR SALE FOR A REASONABLE TIME LN THE OPEN MARKET, WITH A SELLER, WILLING BUT NOT FORCED TO SELL, AND A BUYER, WILLING BUT NOT FORCED TO BUY, BOTH BEING FULLY INFORMED OF ALL THE PURPOSES FOR WHICH THE PROPERTY IS BEST ADAPTED OR COULD BE USED. (O) "FIL.L" SMALL MEAN EARTH, GRAVEL, ROCK, SAND, OR OTHER SIMILAR MATERIALS PLACED UPON TIDE OR CONTIGUOUS SUBMERGED LANDS TO A HEIGHT ABOVE THE HIGH WATER LL\E FOR THE PURPOSE OF ELEVATL~VG THE LANDS FOR A SPECIAL USEFUL PURPOSE. EARTH, GRAVEL, ROCK, SAND, OR OTHER SIMILAR MATERIALS, PLACED ON TIDE OR CONTIGUOUS SUBMERGED LAND SOLELY FOR THE PURPOSE OF SPOIIS DISPOSAL SHALL NOT BE CONSIDERED FILL UNLESS SUCH FILL WAS USED FOR USEFUL AND BENEFICIAL PURPOSE ON AND PRIOR TO JANUARY 3, 1959. (P) "HEARINGS OFFICER" MEANS THAT CITY OFFICIAL EMPLOYED TU HEAR DISPUTES BETWEEN CLAIMANTS, SUMMARIZE THE TESTIMONY, ATTEMPT TO REACH STII?ULATIONTS OF FACT BETWEEN THE PARTIES, ASSEMBLE THE RECORD OF TFIE DISPUTE, AND SUBMIT THE SAME TO THE COUNCIL FOR DETERMINATION. Ordinance No. 2238-2007 Attachment "A" 5f3112007 8:39 AM C\Documents and Settings\aPreas\LocaL SetcingslTemporuy Cnternet FdestOLKB\Chapter 11 l.doc Page 6 of 46 13 (Q) "LMPROVEMENTS" MEANS BUILDINCTS, WHARVES, PIERS, DRY DOCKS, AND OTHER SIMILAR TYPES OF STRUCTURES PERMANENTLY FIXED TO THE TIDE OR CONTIGUOUS SUBMERGED LANDS THAT WERE CONSTRUCTED ANDlOR MAINTAINED BY THE APPLICANT FOR BUSLNESS, COMMERCIAL, RECREATION, RESIDENTIAL, OR OTHER BENEFICIAL USES OR PURPOSES. FLOATS SECURED BY GUIDE PILE5 USED AS FLOATING WHARVES, WHERE ACCESS IS PROVIDED TO THE SHORE, SHt1LL BE IMPROVEMENTS WITHIN THE MEANING OF THIS SECTION, AND FII.L MATERIAL NOT ACTUALLY IN PLACE TO ABOVE THE LINE OF MEAN HIGH TII7E OP JANUARY 3, 1959 AND ACTUALLY UTILIZED FOR BENEFICIAL PURPOSES ON JANUARY 3, 1959 BY THE APPLICANT SHALL BE CONSIDERED A PERMANENT IMPROVEMENT, BUT LN NO EVENT SHALL FILL BE CONSIDERED A PERMANENT IMPROVEMENT RTHEN PLACED ON THE TIDELANDS SOLELY FOR THE PURPOSE OF DISPOSING OF WASTE OR SPOILS. FILL MATERIAL NOT li I'1LIZED FOR A BENEFICIAL PURPOSE ON AND PRIOR TO JANUARY 3, 1959, AND .PILL MATERIAL NOT ACTUALLX IN PLACE TO ABOVE THE LINE MEAN HIGH TIDE ON JANUARY 3, 1.959 SHALL NOT BE THE BASIS FOR AN APPLICATION, NOR SHALL IT BE INCLUDED IIV ANY APPLICATION, FOR THE EXERCISE OP PREFERENCE RIGHTS HEREUNDER. (R) "LNDUSTRIAL ANrD COMMERCIAL LANDS" MEANS TIDE LANDS CHIEFLY VALUABLE FOR INDUSTRIAL, MANUFACTURING, OR COMMERCIAL PURPOSES. (S) "KENAI" MEANS THE CITY OF KENAI, ALASKA. (T} "MANAGER" MEANS THE MANAGER OF THE CITY OF KENAI, ALASKA. (U) "MEAN HIGH TIDE" AT ANY PLACE SUBJECT TO TIDAL INFLUENCE SHALL BE INTERPRETED AS THE TIDAL DATUM PLANE DERIVED FROM AVERAGING ALL TFIE HIGH WATERS OBSERVED AT THAT PLACE OVER A PERIOD OF NINETEEN (19) YEARS. MEAN HIGH WATER SHALL BE INTERPRETED TO BE AS TIID INTERSECTION OF THE DATUM PLACE OF MEAN HIGH WATER WITH THE SHORE. (V} "MEAN LOW TIDE" SHALL BE INTERPRETED TO BE MEAN LOWER LOW WATER WHICH IS THE MEAN OF THE LOWER OF THE TWO LOW WATERS OF EACH DAY FOR A TIDAL CYCLE OP NINETEEN (19) YEARS. (W) "OCCUPANT" MEANS ANY PERSON AS DEFINED HEREIN, OR HIS SUCCESSOR IN INTEREST, WHO ACTUALLY OCCUPIED FOR ANY BUSINESS, RESIDENTIAL, OR OTHER BENEFICIAL PURPOSE, TIDE OR SUBMERGED LAND, WITHIN THE CONVEYANCE OF SUCH BY THE STATE TO THE CITY, ON OR PRIOR TO JANUARY 3, 1959, WITH SUBSTANTIAL PERMANENT IMPROVEMEIv'TS. NO PERSON SHALL BE CONSIDERED AN OCCUPANT BY REASON OF HAVING: (1) PLACED A FISH TRAP IIQ POSITION FOR OPERATION OR STORAGE UPON THE TIDE, SHORE, OR SUBMERGED LAND; (2} PLACED A SET NET OR PILING TI~REFOR OR ANY OTHER DEVICE OR FACILITY FOR TAKING OF FISH; (3} PLACED PIZ.INGS OR DOLPHINS FOR LONG STORAGE OR OTHER MOORAGE; Ordinance No. 2235-2007 Attaclunent "A" 5/3].!2007 $:39 AM Q1Documen~ and Settingslcfreas\Laical 5ettings\Temporuy Internet FileslOLK$\Chapter J I l.doc Page 7 of 46 i4 (4) PLACED TELEPHONE, POWER, OR OTHER TRANSMISSION FACILPIIES, ROADS, TRAILS, OR OTHER CONTIGUOUS SUBMERGED LANDS; OR (5) CLAIMED THE LAND BY VIlZTUE OF SOME FORM OF CONSTRUCTIVE OCCUPANCY. WHERE LAND IS OCCUPIED BY A PERSON OTHER THAN TIIE OWNER OF THE IMPROVEMENTS THEREON, THE OWNER OF THE IMPROVEMENTS SHALL, FOR THE PURPOSE OF THIS ORDINANCE, BE CONSIDERED THE OCCUPANT OF SUCH LANDS. (X} "OCCUPIED OR DEVELOPED" MEANS TIIE ACTUAL USE, CONTROL, AND OCCUPANCY, BUT NOT NECESSARILY RESIDENCE, OF THE TIDE OR SUBMERGED LAND BY THE ESTABLISHMENT THEREONr OF SUBSTANTIAL PERMANENT IMPROVEMENTS. {Y) "ORDINANCE" MEANS THE KENAI TIDELANDS ORDINANCE. (Z) "PARK AND RECREATION LANDS" MEANS TIDELAiv'DS CHIEFLY VALUABLE FOR PLBLIC PARK AND RECREATION USE, INCLUDING SCENIC OVERLOOKS. (AA) "PERSON" MEANS ANY PERSON, FIRM, CORPORATION, COOPERATIVE ASSOCIATION, PARTNERSHIP OR OTHER ENTITY LEGALLY CAPABLE OF OWNIIvG LAND OR ANY INTEREST THEREIN. (BB) "PTERIIEAD .L'INE" IS A LINE FIXED BY TIID CORPS OP ENGINEERS ROUGHLY PARALLEL TO THE EXISTING LINE OF MEAN LOW TIDE AT SUCH DISTANCE OFFSHORE THEREFROM THAT 5AID PIERHEAD LINE SHALL ENCOMPASS LANDWARD ALL STATIONARY, MANMADE STRUCTURES UNDER THE AUTHORITY OF FUBLTC LAW SS-303. (CC) "PREFERENCE RIGHT" SUBJECT` TO THE CLASSIFICATIONS THEREOF HEREIN ESTABLISHED MEANS THE RIGHT OF AN OCCUPANT TO ACQUIRE BY GRANT, PURCHASE, OR OTHERWISE, AT THE ELECTION OF THE OCCUPANT, EXCEPT AS OTHERWISE LIMITED OR PRESCRIBED IN THIS ORDINANCE, ANY LOT, PIECE; PARCEL, OR TRACT OF TIDELAND OR SUBMERGED LAND OCCUPIED OR DEVELOPED BY SUCH OCCUPANT ON AND PRIOR TO JANUARY 3, 1959. (DD) "STATE" MEANS THE STATI/ OF ALASKA. (EE) "SUBMERGED LANDS" MEANS LAND COVERED BY TIDAL WATERS BETWEEN THE LINE OF MEAN LOW WATER AND SEAWARD TO A DISTANCE OF THREE (3}GEOGRAPHICAL MILES, LN THEIR. NATURAL STATE, WITHOUT BEING AFFECTED BY MANMADE STRUCTURES, FILL, ANA SO FORTH. {FF) "SUBSTANTIAL PERMANTEN'T IMPROVEMENTS" SHALL FOR THE PURPOSES OF THE ORDINTANCE HAVE THE SAME MEANING AS IMPROVEMENTS, AS HEREIN DEFINED. (GG) "TIDELANDS" MEANS LANDS PERIODICALLY COVERED BY TIDAL WATERS BETWEEN THE ELEVATIONS OF MEAN HIGH TIDE AND MEAN LOW TIDES, WITHOUT REGARD TO ARTIFICIAL INTERFERENCE WITH TIDAL FLOWS CAUSED BY MANMADE STRUCTURES, BREAKWATERS, FILL, AND THE LIKE. WHEN USED IN THIS ORDINANCE, I'I' SHALL ALSO INCLUDE SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY. Ordinance No, 2235-2007 .Attaclunent "A" i/31f2007 8a9 AM C:\bocuments and SeCtings\cireas\Local Settsngs\Temporary Bieemet Niles\OLKB\Clrapter t l l.doc Page 8 oP 46 '" 15 (HH) "TIDELANDS SUBDNISION PLAT" IS THAT CERTAIN PLAT OF SUBDIVISION OF TIDELANDS AND SUBMERGED LANDS CONVEYED BY THE STATE TO TIC CITY MADE BY H.H. GALLIETT, JR., REGISTERED ENGINEER, DATED DECEMBER, 1968, KNOWN AS ALASKA TIDELANDS SURVEY NO. 272 AND FILED AS 76-179 IN THE KENAI RECORDING DISTRICT SHOWING ALL STRUCTURES AND IMPROVEMENTS THEREON AND THE BOi.INDARIES (JF EACH TRACT OCCUPIED OR DEVELOPED, TOGETHER WITH THE NAME OF THE OWNER OR CLAIMANT THEREOF, INCLUDING WITHIN THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED SUCH SURROUNDING TIDE AND SUBMERGED LANDS AS SHALL BE REASONABLY NECESSARY IN THE OPINION OF THE COUNCIL FOR THE USE AND ENJOYMENT OF THE STRUCTURES AND IMPROVEMENTS THEREON BY THE OWNER OR CLAIMANT, BUT SHALL NOT INCLUDE ANY TIDE OR SUBMERGED LANDS WIJICFI IF GRANTED TO SUCH OCCUPANT, WOULD UNJUSTLY DEPRIVE ANY OCCUPANT OF ADJOINING LANDS FROM HIS REASONABLE USE AND ENJOYMENT THEREOF,] 11.15.030 Al'PRO'(rAL AND ACCEPTANCE OF STATE CONVEYANCE. [THE CONVEYANCE BY THE STATE TO THE CITY, DATED 7ANi7ARY 6, 1977 OF TIDELANDS AND SUBMERGED LANDS LYING SEAWARD OF THE CITY IS HEREBY APPROVED AND ACCEPTED AND THE LANDS THEREIN ARE HEREBY DECLARED INCORPORATED I.'NTO THE LIMITS OF TIIE CITY.] I1.i5.040 APPROVAL AND ADOPTION OF SUI3DIVISIOIV PLAT. [THE TIDELANDS SUBDIVISION PLAT, HEREINAFTER CALLED "`PLAT" IS HEREBY APPROVED AND ADOPTED AS THE OFFICIAL TIDELANDS SUBDIVISION PLAT OF THE CITY OF KENAI, ALASKA, OF TIDE AND SU$MERGED LANDS CONVEYED BY THE STATE TO THE CITY BY CONVEYANCE DATED JANUARY 6, 1977. SAID ALASKA TIDELANDS SURVEY IS NUMBERED 272 AND IS FILED UNDER 76-174 IN THE KENAI RECORDING DISTRICT.] 11.15.050 TIME AND PLACES OF POSTING PLAT. [SAID PLAT SHALL BE POSTED FOR A PERIOD OF NOT LESS THAN SIXTY {6U) DAYS, COMMENCING WITH THE DATE FOLLOWING TIID DATE OF FINAL PASSAGE OF THIS ORDINANCE, IN THE OFFICE OF THE CLERK, CITY HALL BUILDING.] 11.15.060 PUBLICATION OF NOTICE OF POSTING PLAT AND PLAT AND PASSAGE OF ORDINANCE. [THE CLERK SHALL CAUSE TO BE ISSUED AND PUBLISHED ONCE A WEEK FOR FOUR WEEKS, IN A NEWSPAPER OF GENERAL CIRCULATION IN TIC CITY, COMMENCING THE DAY AFTER THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, A NOTICE OF THE POSTING OF SAID PLAT CONTAINLNG THE FOLLOWLNG STATEMENTS: Ordinance No. 2?35-2007 Aftzchment "A" 51312007 8:34 AM - CaDocuments and Settings\cfreasU.ocal Settings\Temporary Internet PilesIOLKB1Chapter l I l.doc Page 9 oP 4G 16 (A) TIME AND PLACE OF POSTING. (B) THE DAY OF FLNAL PASSAGE AND THE EFFECTIVE DATE OF THIS ORDINANCE WHICH ADOPTS THE PLAT AS THE OFFICIAL TIDELANDS SUBDPJISION PLAT OF THE TIDE AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY ON JANUARY 6, 1977. (C} THAT ANY AND ALL PERSONS HAVING OR CLAIMING PREFERENCE RIGHTS PROVIDED BY LAW AND AS HEREIN DEFINED TO ANY PART OR PARTS OF THE SUBDIVIDED LAND EMBRACED WITHIN THE BOUNDARIES OF SAID PLAT, WHO FAIL TO APPLY TO EXERCISE SUCH RIGHTS UNDER THE PROVISIONS OF THIS ORDINANCE WITHIN TWO (2} YEARS PROM AND AFTER OCTOBER 6, 1.979, WHICH IS HEREBY DECLARED TO BE THE DATE UPON WHICH APPLICATIONS THEREFOR WILL BE FIRST ACCEPTED BY THE CITY. SHALL HAVE FORFEITED THEIR PREFERENCE RIGHTS PROVIDED BY LAW AND THIS ORDIIVTANCE. (D) THAT THIS ORDLNANCE WAS ENACTED TO PROTECT OCCUPANTS HAVING PREFERENCE RIGHTS, TO AFFORD DUE PROCESS OF LAW, TO PROVIDE PROCEDURES FOR APPLYING FOR EXERCISE OF PREFERENCE RIGHTS. FOR HEARING AND ADJUDICATING AD~BRSE CL,AIIVIS, AND FOR CONVEYING TITLE TO OCCUPANTS HOLDING PREFERENCE RIGHTS DEFINNED BYLAW AND THIS ORDINANCE, (E} THAT COPIES OF THIS ORDINANCE AND APPLICATION FORMS ARE AVAILABLE AT THE OFFICE OF THE CLERK OF THE CITY.] 1L15.070 TIME IN WHICH APPLICATIONS WILL BE ACCEPTED FOR FILING. [APPLICATION FORMS, IN SU$STAiVTIALLY THE FORM SET FORTH Il\T KMC 11.15.290{A) WILL BE ACCEPTED FOR FILING ONE BUSINESS DAY AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, AND ENDING TWO CALENDAR YEARS THEREAFTER AND AT THE CLOSE OF BUSINESS AT 5:00 P.M., AFTER WFIICH NO APPLICATION FORMS WILL BE FURNISHED AND AFTER WHICH NO APPLICATIONS WILL BE ACCEPTED FOR FILING.] 11.15.080 PROCEDURE FOR FILING APPLICATIONS. [APPLICATIONS SHALL BE SUBMITTED. AND WILL BE RECEIVED FOR FII.ING, ONTLY FOR THE PURPOSE OF CLAIMING PREFERENCE RIGHTS HEREIN DEFINED TO THE TIDELANDS CONVEYED TO THE CITY BY THE STATE. (A) APPLICATION FORMS WILL BE PROVIDED BY THE CLERK WITHOUT CHARGE AT THE CITY CLERK'S OFFICE IN TI-IE CITY HALL BUILDING. (B) APPLICATIONS MUST BE SUBMITTED IN TRIPLICATE. (C} APPLICATIONS NOT CLEARLY LEGIBLE NOR PROPERLY" COMPLETED AND CERTIFIED BY THE APPLICANT WILL NOT BE ACCEPTED FOR FILING. SINCE THE FACT ALLEGED MAY BE USED IN HEARINGS OF DISPUTES THEIR TRUTH MUST BE CERTIFIED. THE FACTS ALLEGED WILL ALSO BE THE BASIS FOR THE CONVEYANCES OF VALUABLE PROPERTY. WILLFUL ANA DELIBERATE MISSTATEMENTS OF FACT WILL BE EQUIVALENT TO ATTEMPTING TO OBTAIN - ~ Ordinance No. 2238-2Q67 Atgchment "A" 5(91/2007 8:39 AM C:\Doauxnents anal Settingslefreas\Loca3 Se¢tinge\Temporary Tntemet b]les\OLKE\Cisapeer 1 T l .doc Page 10 of 46 17 VALUABLE PUBLIC PROPERTI' BY MISREPRESENTATION AND MAYBE PROSECUTED AS OBTAINING PROPERTY UNDER FALSE PRETENSES. (D) APPLICATIONS MAY BE MAILED TO THE CITY CLERK, P.O. BOX 580, KENAI, ALASKA. 99611, WITH THE PROPER DEPOSTI' COMPUTED ACCORDING TO THE NATURE OF THE APPLICATION MADE. APPLICATIONS PROPERLY COMPLETED ACCOMPANIED WITIT TITE PROPER DEPOSIT WILL BE STAMPED WITH THE TIME AND DATE OF FILING AND SIGNED BY THE PERSON ACCEPTING TITS DEPOSIT. TITS TRIPLICATE COPY WILL THEN BE DELIVERED TO THE APPLICANT, OR MAILED TO HIM IF A RETURN ENVELOPE WITH POSTAGE AFFIXED IS FURNISHED OR DELIVERED TO THE CITY CLERK, CITY ADMINISTRATION OFFICES, AIRPORT TERMINAL BUILDING, KENAI, ALASKA. (E) ANY APPLICATION FOR A DEED BASED ON AN ASSERTED RIGHT OTHER THAN A PREFERENCE RIGHT SHALL BE REJECTED. (F} ANY APPLICATIONS NOT WAIVING THE CLASS II PREFERENCE RIGHT SHALL BE FILED BY TIC CLERK, TOGETHER WITH ALL OTHERS OF LIKE NATURE, TO AWAIT TITS OFFICIAL PROMULGATION OF THE PIERHEAD LINE. THEREAFTER SUCH APPLICATIONS SHALL BE PROCESSED AS APPLICATIONS UNDER THE CLASS I RIGHTS. (G} APPLICATIONS NOT ACCOMPANIED BY THE PROPER DEPO5I'f FOR COSTS SHALL BE REJECTED.) 11.15.090 INITIAL REVIEW BY COMMISSION. [AFTER INITIAL REVIEW OF THE APPLICATION BY THE COMMISSION; THE APPLICANT SHALL HAVE PREPARED AT HIS OWN COST A PRELIMINARY AND FINAL PLAT AS DESCRIBED IN THE FOLLOWING SECTION.? 11.15.100 PRELIMINARY PLAT. [(A} THE APPLICANT SHALL PREPARE, OR HAVE PREPARED, A PRELIMINARY' PLAT OF THE TIDE, SHORE, OR SUBMERGED LANDS WHICH HE CLAIMS. THIS PLAT SHALL COMPLY WITH THE REQUIREMENTS HEREINAFTER SET FORTH. (B) THE PURPOSE OF A PRELIMR~'ARY PLAT IS TO AFFORD THE OCCUPANT AN OPPORTUNITY OF RECEIVING PRELIMINARY REVIEW AND PREVENT THE UNNECESSARY EXPENDITURE OF MONEY AND TIME THAT WOULD BE NECESSITATED IF MAJOR CHANGES WERE REQUIRED. (C) TI-IE APPLICANT MUST FILE HIS APPLICATION ACCOMPANIED BY FOUR BLACK OR BLUE-LINED PLATS OF THE LAYOUT. (D} THE COMMISSION SHALL FORWARD TI3E PRELIMINARY PLAT TO AN ENGINEER TO BE DESIGNATED BY THE COMMISSION, WHO SHALL REPORT TO THE COMMISSION HIS APPROVAL OR DISAPPROVAL OF THE PLAT FOR TECFLVICAL OR ENGINEERING REASONS AND THE COMMISSION SHALL, WITHIN NINETX (90}DAYS AFTER SLBMISSION OF TTHE PRELIMINARY PLAT, NOTIFY THE APPLICANT OF THE TENTATIVE APPROVAL OR DISAPPROVAL OF THE PLAT AND HIS REASONS THEREFOR Ordinance No. 2235-2007 Attachment "A° 5(3112607 6:39 EvM C:\Aocuments and ScCdngs\cfreas\Local SeCCingslTomporary Internet PilesIOLKS\Chapter 71 S.doc Page 11 of 46 18 (E) CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT SHALL NOT CONSTITTJT'E APPROVAL OF THE FINAL PLAT. RATHER, IT SHALL BE DEEMED AN EXPRESSION OF APPROVAL AS A GUIDE TO PREPARATION OF THE FINAL PLAT.] 1L15.110 PRELII~II:S'ARY PLAT REQUIREMENTS. [THE PRELIMINARY PLAT SHALL SHOW THE FOLLOWLNG INFORMATION: (A} LEGAL DESCRIPTION OF LOCATION TO INCLUDE LATITUDE AND LONGITUDE TO THE NEAREST MINUTE AT ONE CORNER OF THE SURVEY AND THE TOTAL ACRES OF THE AREA OCCUPIED OR CLAIMED. (B} NAME AND ADDRESS OF APPLICANT AND NAME OF LAND SURVEYOR, IF ANY, WHO PRBPARED THE PRELIMINARY LAYOLrT'. {C) .THE HORIZONTAL SCALE SHALL BE 100' TO THE INCH UNLESS OTHERWISE APPROVED BY THE COMMISSION. (D) DATE OF PREPARATION AND NORTH POINT. (E) THE HORIZON"IAL SCALE SHALL BE 100' TO THE INNCH UNLESS OTHERWISE APPROVED BY THE COMMISSION. {P) THE LOCATION OF ALL ROADS WITHLIv' 2{}0' OF TT-~ TRACT, FILL MATERIAL, EXISTING PERMANENT BUILDINGS, OR OTHER STRUCTURES WITHIN THE PARCEL, EXISTING UTILITY LINES, MEAN HIGH AND LOW TIDE LIIvB5 WITH REFERENCE TO PERMANENT STRUCTURES AND OTHER PERMANEN'T' FEATURES SUCH AS SECTION LINES, AND SUCI-I OTHER INFORMATION AS MAYBE REQUESTED BY THE CITY. (G} SPACE FOR APPROVAL AND(OR COMMENT BY THE COMMISSION. (H} THE NAMES OF ADJACENT OWNERS OR CLAIMANTS, TF ANY, OTHER THAN TIIE CITY. (I) ADJACENT U.S. SURVEYS, IF ANY, GIVING THE NUMBER OF THE SURVEY (J) A VICINITY SKETCH OR KEY MAP SHOULD BE SHOWN ON THE PRELIMINARY LAYOUT. THE SCALE SHALL NOT BE LESS THAN ONE-HALF INCH TO THE MILE. THE RELATIVE LOCATION OF THE PARCEL BEING APPLIED FOR, TF~ PRINCIPAL ROAD SYSTEMS AND SECTION OR SPECIAL SURVEY LINES SHALL ALSO BE SHOWN.] 11.15.12© SURVEY PROCEDURE. [WHEREVER FEASIBLE, DATA AS SET FORTH IN ATS 272, RECORDED IN THE KENAI RECORDING DISTRICT A5 76-179 SHALL BE USED. WHERE ADDITIONAL DATA IS REQUIRED THE FOLLOWING PROCEDURES SHALL GOVERN: (A) DETERMINING THE LINB OF MEAN HIGH TIDE. (1) IN THE CASE OF U.S. SURVEY WHICH ABUTS THE TIDELANDS, SUCH U.S. SURVEY BEING MADE PRIOR TO THE DATE OF STATEHOOD, THE LINE OF MEAN HIGH TIDE SHALL BE CONSTRUED TO BE EITHER THE MEANDER LINES ESTABLISHED ON THE SEAWARD SIDE OF THE U.S. SURVEY OR THE LINE AS -. Ordinance No. 2338-2007 ActxchmenC "A" 5/31/2007 8:39 AM C:11>ocuments and Settings\cfrsas\I,ocal Settings\Temporary Internet Piles\Or KB\Chapter I I l.doc Page I2 of 46 19 DEFINED UNDER SECTION 2(S) OF THESE REGULATIONS, WHICHEVER IS THE LOWER. {2) FOR TIDELANDS SURVEYS ABUTTP.VG ANY U.S. SURVEY MADE AFTER THE DATE OF STATEHOOD OR IN ANY LOCATION WHERE NO UPLANDS SURVEY EXISTS, THE LINE OF MEAN HIGH TIDE SHALL BE DETERMINED BY USING li.S.C. & G.S. BENCH MARKS (OR ANY OTHER BENCH MARKS WHICH HAVE BEEN ESTABLISHED FROM THAT SOURCE}, AND TIDE TABLE DATUM. THE UPLAND BOUNDARY NEED NOT FOLLOW THIS LINE IN ITS ENTIRE EXACTNESS, BUT MAY FOLLOW IN A "MEANDER" OR "AVERAGE" LINE OF MEAN HIGH TIDE. EACH END OF THE BOUNDARY SHOULD BE ESTABLISHED ON THE ELEVATION OF MEAN HIGH T:[DE. PROVIDED, HOWEVER, THAT WHERE TIC TRUE LINE: OF MEAN HIGH TIDE HAS BEEN ALTERED BY FILL OR ARTIFFCIAL ACCRETION, TI3E LINE OF HIGH TIDE AS ]T EXISTED PRIOR TO SUCH ALTERATION SHALL GOVERN. {3) I,N THE CASE THAT NO U.S.C. zC G.S. BENCH MARK EXISTS WITHIN ONE MILE OF THE PROPERTY BEING SURVEYED, THE SURVEYOR MAY', BY USING THE TIDE TABLES FOR THE IMMEDIATE BODY OF W ATER, AND APPLYING TIDAL READINGS HE HAS TAKEN, DETERMINE THE LINE OF MEAN HIGH TIDE AND USE IT LN ACCORDAIeTCE WITH PARAGRAPH (2) OF TF.IS SECTION. IN SO*.~IE CASES, SUCH AS SALT OR MUD FLAT AREAS WHERE THE AVERAGE GRADE OF THE BENCH IS TEN PERCENT (10%) OR LESS AND DETERMINING THE ELEV ATION OF THE LINE OF MEAN HIGH TIDE COULD CREATE A LENGTHY HORIZONTAL DISTANCE, THE CITY COUNCIL MAY REQUIRE THAT THE TRUE LINE OF MEAN HIGH TIDE BE ESTABLISHED, REGARDLESS OF THE DISTANCE FROM A KNOWN BENCH MARK. (B} METHOD OF ESTABLISHING SIDE BOUNDARY LINES. (1} LN FIXING THE SIDE BOUND ARY LINES, THE GENERAL RULES OF EXTENDING RIl'ARIAN BOUNDARY LINES, AS OUTLINED BY SUCH AUTHORS AS RAYNER, CLARK OR BROWN. SHALL BE FOLLOWED. IN THE EVENT THAT ACTUAL OCCUPANCY DOES NOT MATCHTHE RIPARIAN BOUNTDARIES, THE SURVEY SHALL BE MADE TO INCLUDE THE OCCUPANT'S HOLDINGS AND NOT TO ENCROACH ON THE AD70II\TING OCCUPANT.] 2115.130 PROCEDURE ON FINAL PLAT. [(A} THE FINAL PLAT SHALL CONFORM SUBSTANTIALLY TO THE PRELIMINARY LAYOU"1' AS APPROVED BY THE COMMISSION. (B) THE F~?AL PLAT SHALL BE SLBMPi'TED TO THE CITY CLERK ON GOOD QUALITY TRACING CLOTH, IN INK, OR MYLARS TOGETHER WITH FIVE PRINTS. (C) THE FINAL PLAT SHALL BE DRAWN TO SCALE OF 1"EQUALS 100', WITH AN OPTION OF USING 1" EQUALS 20' OR 40', ON SHEETS OF ONE OF THREE SIZES: 18" X 24", 31 1t2" X 34", OR 22" X 36", UNLESS OTITERWISE APPROVED BY THE COMMISSION. WHEN MORE THAN ONE SHEET IS REQUIRED, AN INDEX SHALL BE FILED SHOWING THE ENTIRE PARCEL WITH THE SHEETS IN NUMERICAL ORDER, AND EACH SHEET SHOWLNG THE TOTAL NUMBBR, LE., SHEET i OF 3. WHEN MORE Ordinance No. 2238-2007 Ariachment "A" 5/3l/ZOOi 8:39 AM C:\Bocnments and Settings\cfreas\Loca9 Settings\Tcmporary Internet' Files\OLKS1Chapter i bF.doc Page 13 of 46 'L® THAN ONE SHEET IS SUBMITTED, ONLY THE LAST MUST HAVE THE APPROVAL BLOCKS, BUT ALL SHEETS MUST BB THE SAME SIZE. (D} WHEN THE FINAL PLAT HAS BEEN APPROVED BY THE COMMISSION, ONE COPY SHALL BE SENT, ALONG WITH THE DEED TO THE PROPERTY, TO THE MAGISTRATE OF THE RECORDING DISTRICT IN WHICH THE TRACT LIES FOR OFFICIAL RECORDING. SPECIAL INSTRUCTIONS SHALL BE SENT TO THE MAGISTRATE INSTRUCTING HIM TO SEND THE DEED TO THE OCCUPANT AFTER RECORDING. ONE COPY OF TTY PLAT WILL BE RETURNED TO THE OCCUPANT. THE ORIGINAL TRACING CONTAINING THE CERTIFICATION' BY THE COMMISSION WILL BE RETAINED BY THE CITY. PRINT'S OR DUPLICATE TRANSPARENCIES WILL BE FURNISHED AT COST OF REPRODUCTION.] 11.15.I40 FINAL PLAT REQUIREMENTS. [(A) THE FINAL PLAT SHALL INCLUDE ALL INFORMATION REQUIRED ON THE PRELIMINARY PLAT. (B} TT-IE FIl~TAL PLAT MUST REPRESENT AN ACTUAL SURVEY MADE BY A PERSON WHO HAS BEEN QUALIFIED BY THE STATE OF ALASKA, BOARD OF ENGINEERS &, ARCHITECTS EXAMINERS TO PRACTICE LAND SURVEYING IN THE STATE OF ALASKA. (C) TN ADDITION THERETO, THE FOLLOWING LNFORMATION SHALL BE SHOWN ON THE FINAL PLAT: (I} BOUNDARY`LINES OF THE PARCEL WITH LENGTH AND BEARINGS WHICH MUST CLOSE WITHLN THE LIMITS OF ONE TO 5,000. IF THE SEAWARD LIMITS OF THE SURVEY FALLS t~7ITHIN THE LINE OF MEAN LOW TIDE, THE SEAWARD BOUNDARY MUST REPRESENT LINES ACTUALLY ESTABLISHED BY THE SURVEYOR. {2) ALL EASEMENTS AS REQUIRED BY THE CITY. (3} BASIS OF BEARINGS USED. (4) A PROPERLY LABELED LEGEND SHOWING MONL'MEN"TS AS FOUND OR ESTABLISHED. (5) THE COURSE OF THE SHORELINE FOR AN ADDITIONAL 400' FROM. EACH SIDE OF THE SURVEY. (D} MONUMENTS. {i) 'MINIMUM REQUIREMENTS: MONUMEI\"LS SHALL CONSIST OF A 'i 'I/2" GALVANIZED IRON PIPE, 30 OR MORE INCHES LONG. THIS PIPE SHALL HAVE A FOUR-INCH. FLANGE ACROSS THE BOTTOM AND SHALL BE FILLED R'ITH CONCRETE. FIRMLY EMPLACED IN THE CONCRETE AT TIC TOP SHALL BE A BRASS OR BRONZE CAP. TIIE PIPE SHALL BE THOROUGHLY TAMPED WHEN SET. {2) TIC BRASS OR BRONZE CAP SHALL HAVE A MINIMUM OF TWO-LNCII DIAMETER ACROSS THE TOP ANT} 3/4" BY 2 112" SHANK. EACH CAP SHALL BE MARKED IN ACCORDANCE WITH THE MANUAL OF SURVEYING INSTRUCTIONS Ordinance No. 2238-2007 Attaclunent "A" 5/31/2067 8:39 AM C:\Documents and Settirgslefi~easlLocal 5e¢tings\Tampocary Internet files\OLI;B\Chaptec I1 Ldoc Page 14 of 46 21 AS COMPILED BY THE BUREAU OF LAND MANAGEMENT AND SHALL ALSO SHOW THE REGISTRATION NUMBER OF TFIE SURVEYOR. (3) WHERE IMPRACTICABLE TO SET AN IRON PIPE MONUMENT, A TABLET CONTAINING A MINIMUM OF 1,000 CUBIC INCHES OF CONCRETE AND A BRASS OR BRONZE CAP MARKING THE ACTUAL CORNER POINT MAY BE USED. SHOULD THE POINT FOR A CORNER BE IN A PLACE WHICH R'OULD BE IMPRACTICABLE TO MONUMENT, WITNESS CORNERS SHALL BE SET IN A SAFE PLACE ON THE SURVEY BOUNDARY LP.VE OR HAVE TWO REFERENCE MONUMENTS SET. THE MONUMENTS ON THE UPLANDS SIDE OF THE SURVEY SHALL BE REFERENCED TO BEARING OBJECTS, SUCK AS TREES, ROCKS, PILING, BUILDINGS, ETC., OR HAVE TWO REFERENCE MONUMENTS SET MARKING THE CORNER. (E} THESE REFERENCES MAY BE SHOWN ON THE PLAT OP SURVEYOR MAY BE LIS"",sD SEPARATELY ONr A FLAT AS DESCRIBED UNDER KMC 1 i.15.I30(C). (1) UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL, EACH SURVEY SHALL HAVE AT LEAST FOUR MONUMENTS, EACH FULLY DESCRIBED IN THE PLAT OF SURVEY. IT IS DESIl2ABLE BL'T NOT MANDATORY THAT MONUMENTS BE SET AT ALL EXTERIOR ANGLE FOINTS OF THE PARCEL TI-f~ LINE OF SIGHT BETWEEN ADJACENT MONITMEN"I'S SHALL BE UNOBSTRUCTED. THE DISTANCE BETWEEN ADJACENT MONUMENTS SHALL NOT EXCEED 1.,320 FT. NO PART bF THE PARCEL SHALL BE FARTHER THAN 1,320 FT. FROM A MONUMENT UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL. (2) IF THE POIlVT FOR THE SEAWARD CORNER FALLS IN AN UNSAFE PLACE, A WITNESS CORNER SHALL BE ESTABLISHED ON THE SIDE BOUNDARY LINE. (P) RELATIONSHIP TO KNOWN MONUMENT. (1) BEARINGS OF ALL LINES SHALL BE REFERRED TO THE TRUE MERIDIAN. THE MAGNETIC NEEDLE MAY NOT BE USED FOR THIS PURPOSE. BEARINGS SHALL BE OBTAINED BY DEFLECTION FROM EXISTING OFFICIAL SURVEYS AT THE G.LO., B.L.M., U.S.C., AND G.S., U.S.G.S., THE ALASKA DIVISION OP LANDS, OR MONUMENTS WITH PROPER IDENTIFICATION WHICH ARE DELINEATED ON RECORDED PLATS, UNLESS OTHERWISE PROVIDED POR IN THESE REGULATIONS. (2} TRUE BEARINGS AND DISTANCES TO THE NEAREST ESTABLISHED SURVEY LINES, SUCH AS THOSE LISTED PREVIOUSLY, WHICH SHALL BE ACCURATELY DESCRIBED ON THE PLAT, SHALL BE SHOWN.] 13.25.150 IlEPC1SITS FOR COSTS PR2/REQUISI7'E TO FILING. [THE APPLICATION FORM WILL ASSIST THE APPLICANT IN DETERMINING THE PROPER COSTS TO ADVANCE, WHICH WILL DEPEND UPON THE NATURE OF THE RIGHT CLAIMED. IN ALL CASES A FILING FEB OF TEN DOLLARS ($10.00) WILL BE REQUIRED. SLI2VEY COSTS DEPEND UPON THE AREA CLAIMED AT THE RATE OF $.01.516 PER SQUARE FOOT. IF THE AREA CLAIMED IS DIFFERENT FROM THE Ordinmicc No. 2238-2007 Atlackunen[ "A" 5!3112007 8:39 AM CaDocaments and Seftings\cfreastLocxl Settings\Tempnrary Internet FilesIOLKB\Chapter 71 Ldoc Page t5 of 46 `L`Z LOT AS IT APPEARS ON THE PLAT, THE APPLICANT SHALL SHOW TI-ID MEASUREMENTS OF THE ADDITIONAL OR LESSER AREA CLAIMED AND COMPUTE AND PAY THE DIFFERENT SURVEY COST ACCORDINGLY. TRANSFER COSTS WII..L BE THE SAME IN ALL CASES, THEY COVER THE COST OF TIME ESTIMATED TO BE REQUIRED TO EXAMINE, PROCESS, AND APPROVE THE APPLICATION, A5 WELL AS TO PREPARE AND EXECUTE THE DEED, PUBLISH NOTICE, GNE NOTICE OF ADDITIONAL COSTS, IF ANY, AND GIVE NOTICE TO APPLICANT. IN ALL CASES, TRANSFER COSTS WILL BE IN THE AMOUNT OF $35.00. DEPOSIT FOR APPRAISAL COSTS WILL BB REQUIRED IN ALL CASES OF CLASS III PREFERENCE RIGHTS, OR WHERE ANOTHER ASSERTED RIGHT IS DETERMINED BY THE COUNCIL TO BE A CLASS III RIGHT. APPRAISAL COSTS WILL DEPEND UPON THE AREA INVOLVED AND THE COMPLEXITY OF THE APPRAISAL SOUGHT. WHERE REQUIRED AS A DEPOSIT, ~ MINIMUM AMOUN'T' IS FIFTY DOLLARS ($50}, BUT ADDITIONAL AMOUNTS NOT EXCEEDING $1.00 MAY BE REQUIRED PRIOR TO DELIVERY OF DEED.] 11.15.160 ADDITIQNAL COSTS IN CEIL`i'AIN CASES. [ASIDE FROM DEPOSITS REQUIRED AT THE TIME OF FILING APPLICATIONS, ADDITIONAL COSTS WILL BE REQUIRED TO BE PAID PRIOR TO HEARINGS WHERE DISPUTES REQUIRE HEARINGS, AND FOR COST OF LAND UNDER A CLASS III RIGHT AS WELL AS APPRAISAL TFFIEREOF WHEN A PREFERENCE RIGHT SOUGHT TO BE EXERCISED IS DETERMINED TO BE A CLASS III RIGHT, AS FOLLOWS: (A) WHEN THE AREA CLAIMED DOES NOT COMPLY WITH THE BOUNDARIES OF THE LOT SHOWN ON THE PLAT, IT IS NECESSARY TO HAVE A HEARING TO ESTABLISH THE VALIDITY OP THE RIGHT CLAIMED AND WHETHER IT IS NECESSARY FOR THE PLAT TO SE CHANGED TO COMPLY WITH THE APPLICATION. THIS MAY REQUIRE NOTICE TO BE GIVEN TO ADIACENT OCCUPANTS INTERESTED IN THE DIFFERENCE BETWEEN THE LANDS CLAIMED AND LAND AS SHOWN ON THE PLAT SO THAT ALL PARTIES IN INTEREST MAYBE HEARD AT THE HEARING. (B} WHEN APPLICATIONS CONFLICT WITH THE SAME AREA OR PORTIONS THEREOF, IT SHALL BE NECESSARY TO CONDUCT A HEARING TO DETERMINE THE FACT AND THE ISSUE IN QUESTION. CONFLICTING CLAIMS WILL BE CAREFULLY SCRUTINIZED AND EACH DISPUTIIVG PARTY WILL BEAR THE BURDEN OF PROVING FACTS SUFFICIENT TO ESTABLISH THE VALIDITY OF HIS CLAIM. (C) THE PARTY FILING AN APPLICATION CONFLICTING WITH A CLAIM PREVIOUSLY FILED SHALL BE REQUIRED TO DEPOSIT HEARINGS COSTS II~t THE AMOUNT OF $ I00. IF THE CONFLICT IS NOT KNOWN AT THE TIME OF FILING, THE APPLICANT SHALL BE ADVISED OF THE CONFLICT AS SOON AS IT I5 KNOWN AND OF THE NEED TO DEPOSIT THE HEARING COST DEPOSIT. (D) THE APPLICANT WHO AFTER HEARING AND DETERMINATION BY THE COUNCIL IS DETERMINED TO HAVE CLAIMED THE LAND OF ANOTHER SHALL BE THE PARTY `I'0 SEAR THE COST OF THE HEARING. IF SUCH PARTY Dff7 NOT -- Ordinance No. 2238-2007 Attachment "A" 573112007 &:39 AM C:\Uocumenes and SettingsicfreasiLocat SetungsiTemporary Internet Files\OLKEtChapte; 1 tLdoc Page 16 of 46 23 DEPOSIT SUCH COSTS, NO DEED SHALL BE DELIVERED TO HIM UNTIL THE COST IS PAID. WHERE THE DEPOSITOR IS THE PREVAILING PARTY, THE HEARING COST DEPOSITED SHALL BE REFUNDED TO HIM BY THE CITY. (E} WHEN TITLE BY CLASS III PREFERENCE RIGHT IS CLAIMED, THE APPLICANT SHALL BE REQUIRED TO DEPOSTT THE APPRAISED PURCHASE PRICE AFTER APPRAISAL HAS BEEN MADE AND THE PURCHASE PRICE HAS BEEN SO DETERMINED. THE SAME PROCEDURE WILL BE APPLIED WI~,N NO APPLICATION UNDER ANOTHER CLASS OF RIGHT IS SOUGHT BUT IS DETERMINED THAT THE ONLY AVAII.ABLE RIGHT TO THE APPLICANT IS A CLASS III RIGHT. (F) WREN A PREFERENCE RIGHT IS SOUGHT TO BE EXERCISED OTHER THAN A CLASS III RIGHT AND SUCH RIGHT IS DETERMINED TO BE A CLASS RIGHT, THEN THE APPLICANT SHALL BE REQUIRED TO DEPOSIT THE ESTIMATED COST OF APPRAISING THE PROPERTY CLAIMED. {G) THE APPLICANT WHO RECEIVES THE DEED FROM THE CITY SHALL AT HIS OWN COST BEAR. TIIE COST OF RECORDING TIID DEED.] 11.15.17Q PROCEDURES FOR PROCESSING FILED APPLICATIONS. [THE CLERK SHALL CAUSE THE FOLLOWING PROCEDURES TO BE CARRIED OUT: (A} ALL COPIES OF APPLICATIONS ACCEPTED FOR. FILIIVG SHALL BE STAMPED WITH TIME ANA DATE OF FILING AND AN APPLICATION NUMBER LN CHRONOLOGICAL ORDER OF FILING. {B) ALL ORIGINAL APPLICATIONS SHALL BE FILED IN A PERMANENT REGISTER AND THE NAMES OF TFIE APPLICANTS ENTERED TIVT AN ALPIIA$ETICAL INDEX WHICH SHALL BE A PERMANENT PART OF SUCH REGISTER. (C) THE APPLICATION REGIS'T'ER SHALL BE AVAILABLE FOR PUBLIC INSPECTION DURING OFFICE HOURS OF THE CLERK EXCEPT WHEN IN ACTUAL USE FOR FILING AND INDEXING. (D) CERTIFIED COPIES OF ALL APPLICATIONS SHALL BE PREPARED FOR ALL PERSONS UPON REQUEST UPON THEIR PAYING TWO DOLLARS ($2.00) PER PAGE FOR COPIES OF SAID APPLICATIONS AND ANY ATTACIiIvTENTS FORMING A PART THEREOF. (E) PROCESSING OF DUPLICATE APPLICATIONS. THE THIRD COPY OF THE APPLICATION WILL BE RETURNED TO THE APPLICANT AS HIS RECORD AND AS RECEIPT FOR DEPOSIT MADE, OR MAILED TO APPLICANT IF HE HAS PROVIDED A RETURN ENVELOPE. THE SECOND COPY SHALL BE THE WORKING FILE COPY TO BE HANDLED AND PROCESSED AS FOLLOWS: {2} APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS HAVING WAIVERS ATTAC=D AND WHICH APPLY FOR LANDS WHICH COMPLY WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR HANDLING AS PROVIDED IN KMC 1 L 1.5.190. APPLICATIONS TO EXERCISE CLASS I PREFERENCE' RIGHTS WHICH DO NOT HAVE WAIVERS ATTACHED, IRRESPECTIVE OF WHETHER THE LANDS Ordinance No. 2238-2007 Attachment "A" 5!3112007 8:39 AM C:\Documents and Settings\cHeas\Local Settings\Temaorary Internet Fites\OCKB\Chapter l Il.doo Page 17 oP 46 24 APPLIED FOR COMPLY WITH THE PLAT SHALL BE SEGREGATED FOR HANDLING IN THE SAME MANNER AS CLASS II PREFERENCE RIGHT APPLICATIONS. (2} APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS HAVING WAIVERS ATTACHED, AND WHICH CLAIM LANDS WHICH DO NOT COMPLY WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS, SHALL BE TRANSMTTTED TO THE CITY ENGINEER FOR HANDLING AS PROVIDED IN KMC 11.15.190 AND FURTHER PROCESSING AS PROVIDED IN KMC 11.15.220. (3} APPLICATIONS TO EXERCISE CLASS II PREFERENCE RIGHTS SHALL BE SEGREGATED AND I{EPT WITH CLASS I PREFERENCE RIGHT APPLICATIONS NOT HAVING WAIVERS ATTACHED. ALL SUCH APPLICATIONS SHALL BE HELD IN ABEYANCE BY THE CITY UNTIL SUCH TRvIE AS THE PIERHEAD LINE IS ESTABLISHED BY TI-IE CORPS OF ENGLNEERS, WHEREUPON SUCH APPLICATIONS SHALL BE PROMPTLY HONORED AND PROCESSED IN THE MANNER HEREIN DESCRIBED FOR CLASS I PREFERENCE RIGHT APPLICATIONS, WHERE WAIVERS ARE ATTACHED. (4) APPLICATIONS TO EXERCISE CLASS III PREFERENCE RIGHTS, AND ALL APPLICATiONTS DETERMINED IN WHOLE OR IN PART TO BE CLASS III, SHALL BE TRANSMITTED TO THE ASSESSOR FOR APPRAISAL AS PROVIDED IN HIvIC I1.I5180. {5) NO APPLICATIONS WHICH COMBINE CLASS I, CLASS II, AND CLASS LII, OR ANY COMBINATION OF SUCH PREFERENCE RIGHTS, WILL BE ACCEPTED FOR FILING. AN Y SUCH APPLICATION PRESENTED FOR FILING SHALL BE RETURNED TO THE APPLICANT FOR REVISION INTO TWO OR MORE APPLICATIONS, EACH OF WHICH WILL APPLY FOR LAND UNDER ONLY ONE TYPE OF PREFERENCE RIGHT. (6} AN APPLICATION TO EXERCISE ONE CLASS OF PREFERENCE RIGHT WHICH IN PART COMPLIES WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS, BUT DOES NOT WHOLLY COMPLY WITH THE PLAT IN SUCH RESPECTS, SHALL BE TREATED AS IF NO PART OF THE APPLICATION SO COMPLIES WITH THE PLAT AND SHALL BE PROCESSED FOR CONTEST HEARING.] 11.15.180 APPRAISAL. [ALL APPLICATIONS FOR CLASS II PREFERENCE RIGFITS SHALL BE TRANSMITTED TO A PROFESSIONAL APPRAISER FOR APPRAISAL. HIS APPRAISAL SHALL BE MADE ON A FORM PREPARED IN DUPLICATE, THE ORIGTiv'AL OF WHICH SHALL BE ATTACHED TO THE APPLFCATION AND THE DUPLICATE OF WHICH SHALL BE RETAINED FOR HIS RECORDS. APPLICATIONS WHEN APPRAISED SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR FURTHER PROCESSING.] 11.15.190 REVIEW BY CITY ENGINEER. [ALL APPLICATIONS BEING READY FOR PROCESSLG SHALL BE REVIEWED BY THE CITY ENGINEER. UPON REVIEW AND COMPARISON WITH THE PLAT, HE SHALL MAKE HIS REQUEST TO THE HARBOR COMMISSION GIVING A COPY Ordinance lo. 2238-2607 Attachment "A" -5/312007 8:39 AM C:ADocument's and Settings\efieasiLocal. SettingslTemporary Internet FilesVOGKBVChapter 1l..doc Fage IS oP46 25 THEREOF TO THE APPLICANT AS TO WHETHER OR NOT THE APPLICATION SEEKS TO EXERCISE A PREFERENCE RIGHT TO LAND WHICH IS DESCRIBED ON THE PLAT, AND COMPLIES WITH IT IN RESPECT T'O AREA AND $OUNDARY LOCATIONS.] ILIs.200 RECOIVIMENDED APPROVAL BY COMMISSION. [THE I£ENAI ADVISORY HARBOR COMMISSION SHALL REVIEW ALL APPLICATIONS FOR TIDELANDS UPON THE SUBMISSION OF THE CITY ENGIIVEER'S REPORT. THE COMMISSION MAY CONDUCT PUBLIC HEARINGS TO VERIFY THE VALIDITY OF THE APPLICANT'S CLAIM AND REQUEST ADDITIONAL EVIDENCE BY WAY OF AFFIDAVPCS AND THE LIKE IN ORDER TO COME TO RECOMMEND SAID CLAIM FOR APPROVAL BY THE CITY COUNCIL. NOTIFYING APPLICANT'I' THEREOF BY MAIL SENT TO THE ADDRESS STATED ON ffiS APPLICATION. THE COMMISSION MAY PROVIDE ACHECK-OFF LIST TO AID IT IN CONSIDERING APPLICATIONS. THE CITY COUNCIL SHALL CONSIDER FOR APPROVAL THE CLAIM OF THE APPLICANT WITHLN THE TII~LE LIMITATIONS AND WITH THE RIGHT OF APPEAL GIVEN PURSUANT TO KMC i 1..15.240.] 1L15.210 PROCESSING OF APPROVED APPLICATIONS BY CLERK AND NOTICE TO PUBLIC. [ALL APPLICATIONS RETURNED TO THE CLERK APPROVED BY THE CITY ENGINEER, AND APPRAISED $Y THE ASSESSOR IF REQUIRED, SHALL BB PROCESSED BY THE CLERK TtN THE FOLLOWING MANNER: (A} THE CLERK SHALL ASCERTALN IF THE DEPOSIT MADE BY THE APPLICANT IS SUFFICIENT TO PAY ALL KNOWN AND ESTIMATED COSTS OF SURVEY, APPRAISAL, TRANSFER, AND PURCHASE, IF OF CLASS III AND 1F NOT, TO ADVISE THE APPLICANT THAT THE REMINDER DUE SHALL BE DEPOSITED WITH THE CLERK BEFORE FURTHER PROCESSING. (B) IF OR WHEN TIC DEPOSIT IS SUFF'ICIENT' TO PAY ALL SUCH COSTS, TF~ CLERK SHALL CAUSE TO BE PUBLISHED ONCE A WEEK FOR FOUR WEEKS, I.N A NEWSPAPER OF GENERAL CII2CULATION IN THE CITY, THE FOLLOWING: (I) NOTICE OF THE NAMESOF THE APPLICANT(S), THE BLOCK AND LOT NUMBERS OF THE PROPERTY CLAIMED ACCORDING TO PLAT DESIGNATIONS; (2) THE PREFERENCE RIGHT CLALMED; (3) THE IMPROVEMENTS MADE; (4) THE LENGTH OF TIME (INCLUDING THE DATES} THE APPLICANT OCCUPIED THE LAND; AND (C) IF CLASS iTI'ITS APPRAISED VALUE, AND THAT THE CITY WILL ISSUE TO THE APPLICANT(S) ITS DEED THEREFOR WITHLN THIRTY {30}DAYS AFTER THE LAST DATE OF PUBLICATION, PROVIDED THAT BEFORE DATE OF LAST PUBLICATION NO ADVERSE APPLICATION OR CLAIM HAS BEEN FILED WITH THE CITY. Ordinance No. 2238-2007 Attachment "A" - 5/31/2407 8:39 AM - C:1Documcnts and Settingsicfreas\L.oeal SettingslTempotar}~ Internet FiteslOLKB\Chantcr ll Ldoc Page 19 of 46 `~6 (D) DURING SAID PERIOD OF PUBLICATION, THE APPLICATIONS THEREOF SHALL BE RETURNED TO THE CITY ENGINEER WHO, AT THE END OF SAID PERIOD OF PUBLICATION, SHALL NOTE ON THE APPLICATION WHETHER OR NOT ANY ADVERSE CLAIMS HAVE BEEN FILED FOR THE LAND IN QUESTION. (E} IF ADVERSE CLAIMS HAVE BEEN FILED, THE APPLICATIONS SHALL BE FURTHER PROCESSED FOR HEARLNG. IF Ar0 ADVERSE CLAIMS HAVE BEEN FILED, THE RESPECTIVE APPLICATIONS SHALL BE RE'I"tJRNED TO THE CLERK.] 11.15.220 DEEDS-PERMANENT REGISTER. [THE CLERK SHALL TI-IEN CAUSE TO BE PREPARED A QUIT-CLAIM DEED CONVEYING SUCH LAND TO THE APPLICAN"T(S) THAT THE CITY HAS ANID TRANSMIT THE QUIT-CLAIM DEED TO THE MANAGER FOR EXECUTION. NOTICE SHALL THEN BE SENT TO THE APPLICAIvTT TO TAKE DELIVERY OF SAID DEED AT THE OFFICE OF THE CLERK, WHO SHALL DELIVER THE SAME TO THE APPLICANT IF ALL REQUIREMENTS HAVE BEEN MET AND ALL COSTS, LNCLUDING PURCHASE PRICE, IF REQURZED, HAVE BEEN PAID. DUPLICATE ORIGINALS OF ALL EXECUTED DEEDS SHALL BE KEPT IN THE OFFICB OF THE CLERK IN A PERNIANEIQT REGISTER ENTITLED "KENAI TIDELANDS DEEDS" WITH PERMANENT ALPHABETICAL LNDEX OF GRANTEES.] 11.15.230 SPECIAL PROCEEDINGS FOR DISPUTED CLAIMS. [THE COMMISSION SHALL SIT AS A QUASI ADJUDICATORY BODY TO SET DISPUTES FOR HEARING AND ITEAR THE EVIl7ENCE UNDER OATH OF THE PARTIES TO THE DISPUTES. PROCEEDIlVGS SHALL BE INFORMALLY CONDUCTED BL"I' TESTIMONY TAI{EN UNDER OATH, AND NOTICE OF THE PROCEEDINGS SHALL BE GIVEN TO THE DISPUTING PARTIES. THEIR OB.TECT SHALL BE TO DETERMINE WITHOUT DELAY THE RESPECTIVE BASIS OF THE CONFLICTING CLAIivIS. UPON THE SUBMISSION OF EACH DISPUTE, THE COMMISSION SHALL PREPARE A SHORT SUMMARY ON THE CONFLICTING CLAIMS AND THE EVIDENCE SUBMITTED IN SUPPORT THEREOF, TOGETHER WITH THEIR WRITTEN FINDINGS OF FACT, AND CONCLUSIONS OF LAW.] 11.15.240 PROCEEDINGS FOR DETERMINATION B'Y COUNCIL OF ALL DISPUTES. [iIPON RECEIPT OF THE WORKIING FILES IN ALL CASES OF DISPUTES, AND TIIE SUMMARY OF THE HEARIIvTGS OFFICER, TOGETHER WITH COPIES OF NOTICES OF HEARINGS SERVED UPON OR MAILED TO ALL PARTIES TO THE DISPUTE, THE COUNCII. SHALL SET THE DISPUTE OF HEARING AND DETERMINATION, AND CAUSE NOTICE TO BE SERVED ON ALL PARTIES. UPON THE COUNCIL HAVING HEARD THE DISPUTE IT SHALL ENTER ITS RULING THEREON AS QUICKLY AS POSSIBLE, BUT NOT LATER THAN TE'N (IO} DAYS AFTER THE MATTER IS SUBMITTED. AGGRIEVED PERSONS SHALL HAVE THE RIGHT OF APPEAL TO THE SUPERIOR COURT, WITHIN THIRTY (30) DAYS AFTER THE RULING OF THE COUNCIL IS RENDERED.] Ordinance No. 223&-2007 Attachment "A" 5/31/2007 fi:39 AM CaDocuments and Settings\cGeas\Loeal Settings\Temporary Lntemet Fites\OLKB\Chaptee ] 11.doc Page 20 of 46 27 11.15 X50 DETERMINATION UPON STH'ULATION OF FACTS. [WHEREVER POSSIBLE, TO REACI-I AGREEMENT OF THE PARTIES AT HEARINGS BEFORE THE COMMISSION, A STIPULATION OF FACTS SHALL BE PREPARED AND AGREED UPON BY THE PARTIES. WHERE THIS IS DONE, 'IT-TE COMMISSION SHALL PREPARE AN'D ATTACH ITS CONCLUSIONS OF LAW AND SUBMIT THE FILE TO THE CITY ENGINEER TO DETERMINE IF THE CITY'S INTERESTS ARE AFFECTED BY THE STIPULATION, OR IF A BOUNDARY CHANGE IS REQUII2ED AND NO THIRD PARTY OR CITY INTERESTS ARE AFFECTED ADVERSELY BY THE PROPOSED CHANGE IN BO'CTNDARIES OF LOTS SHOWN ON THE PLAT, UPON APPROVAL OF THE COUNCIL THE PLAT' SHALL BE DIRECTED TO BE CHANGED. SHOULD IT BE DETERMIlVED BY THE CITY ENGINEER THAT THE STIPULATION ADVERSELY AFFECTS THE INTEREST OF THE CITY OR THOSE OF THIRD PARTIES, THE DISPUTE SHALL BE RETURNED TO THE COMMISSION FOR FURTHER PROCEEDINGS UPON NOTICE GIVEN.] 11.15.260 REJECTION OF PROTESTS OTHER THAN ICY APPLICANT. [NO OBJECTIONS WILL BE RECEIVED TO PROPOSED ISSUANCE BY DEED BY THE CITY ON PUBLICATION OF NOTICE THEREOF, NOR WILL AN'Y PERSON BE PERMITTED TO APPEAR AND BE HEARD AT ANY HEARING OF A DISPUTE BEFORE THE COMMISSION OR THE COUNCIL, UNLESS SUCH OBJECTOR OR PERSON IS AN APPLICANT FOR PREFERENCE RIGHTS OF CLASS I OR II AND HAS FILED AN APPLICATION WITH THE CLERK. THE FOREGOING SHALL NOT PREVENT THE APPEARANCES BEFORE THE COMMISSION OR COUNCII. OF WITNESSES APPEARLNG ON BEHALF OF THE PARTIES IN DISPUTE OR PERSONS CALLED BY THE COMMISSION OR COUNCR, WHO MAY HAVE PERSONAL KNOWLEDGE CONCERNING THE VERIFICATION OF CLAIMS.] 11.15.270 HANDLING OF DEPOSIT AND PURCHASE FUI\~DS. [(A) ALL FL`NDS RECEIVED AS DEPOSITS WITH APPLICATIONS FOR COSTS OR PURCHASE PRICE FOR TIDELANDS SHALL BE DEPOSITED BY THE FINANCE DIRECTOR IN THE GENERAL FUND. SUCH DEPOSITS WILL BE CREDITED BY THE FINANCE DIRECTOR AS FOLLOWS: (I) SURVEY COSTS - AS A CREDIT TO DISBURSEMENTS MADE BY THE CITY FOR COSTS OF PREPARLNG THE TIDELANDS SUBDIVISION PLAT. (2} TRANSFER COSTS - TO ADMINISTRATIVE COSTS AS DEEDS ARE ISSUED. {3) APPRAISAL COSTS - TO ADMINISTRATNE COSTS AS EARNED, OR AS CREDIT TO APPRAISAL COSTS INCURRED. (B) PURCHASE COSTS OF CLASS IT LANDS-SHALL BE CREDITED TO A SEPARATE ACCOUNT IN THE GENERAL FUND TO PAY FOR IMPROVEMENTS IN TIDELANDS AREAS CONSISTING OF FILL, STREET, SIDEWALK, AND SEWER IMPROVEMENTS.] Ordinance No. ?235-2007 Attaehment "A" 5/3172007 5:39 AM C:\Documents and SettingskGeas\I,ocal SettingslTemporary Internet Files\OLKB\Chapter I l l,doc Page 2I of 46 28 14.15.280 FORFEITURE OF PREFERENCE RIGHTS. [ANY OCCUPANT, OWNER, OR HOLDER OF PREFERENCE RIGHTS AS HEREIN DEFLNED, WHO HAS NOT APPLIED TO THE CITY FOR TITLE THERETO AS HEREIN PROVIDED, ON OR BEFORE TWO (2) YEARS AFTER THE DATE APPLICATIONS TO EXERCISE PREFERENCE RIGHTS WILL BE ACCEPTED FOR FILING BY TIIE CIII' UNDER THIS ORDINANCE, BY A PROPERLY COMPLETED APPLICATION DULY FILED WITH THE CLERK AND ACCOMPANIED BY THE REQUIRED DEPOSIT, SHALL HAVE FORFEITED HIS RIGHT TO ASSERT THIS PREFERENCE RIGHTS AND ACQUIRE TITLE TO TIDELANDS SUBJECT THERETO FROM THE CITY; ANI7 SUCH TIDELANDS AND CONTIGUOUS SUBMERGED LANDS SUBJECT TO SUCK UNUSED PREFERENCE RIGHTS SHALL THEREAFTER BE FREE AND CLEAR OF ALL CLAIMS TO PREFERENCE RIGHTS AND THE CITY SHALL HAVE NO OBLIGATION TO CONVEY THE SAME TO ANY PERSON OR PERSONS W:fIOSOEVER, AND SAID LAND SHALL THEN BE A1ND REMAIN THE PROPERTY OF THE CITY AND BE SUBJECT TO SUCH DISPOSITION AS PROVIDED FOR BY LAW OR ORDINANCE.] 1115.290 FORMS. [THE CLERK SHALL CAUSE TO BE PRLNTED APPLICATION FORMS AND OILIER FORMS FOR USE IN PROCESSING THE SAME IN SUBSTANTIALLY THE FOLLOWING FORM: (A} APPLICATION FOR TIDELANTD PREFERENCE RIGHTS NAME HOME ADDRESS POST OFFICE ADDRESS APPLICATION NO MARK X TO DESIGNATE NATURE OF PREFERENCE RIGHT CLAIMED: CLASS I_ CLASS II - CLASS III DOES THE TIDELAND PLAT 272 CORRECTLY SHOW THE LAND APPLIED FOR: YES NO IF TIDELAND PLAT DOS NOT CORRECTLY SHOW LAND APPLIED FOR, DESCRIBE IT BY METES AND BOUNDS AND ATTACHED PLAT OF LAIVTD APPLIDD FOR. BUSS ATTACFIIv1ENT IF MORE SPACE IS REQUIRED). ALL CLAIMED IMPROVEMENTS WERE FIRST CONSTRUCTED AND USED (I} BEFORE SEPTEMBER 7, 1957? (2) BEFORE SEPTEMBER 7, 1.957 AND JANUARY 3, 1969 ? (3) AFTER JANUARY 3, 1959? - Ordinance No. 2235-2007 Attachment "A" 5l3 L2007 8134 AM C:1Boeumenis and SettingsiefreaslLocal Setfiugs\Temporary l,n~met Piles\OLKB\Chapte,' 111.doc PaSe 22 or 46 29 IS ANY PART OF YOUR CLAIM BASED ON IMPROVEMENTS AND/OR FILL CONSTRUCTED OR PLACED AFTER JANUARY 3, 1959? YES NO IF ANSWER IS "YES," DESCRIBE AREA IlVIPROVED AFTER JANtiARY 3, 1459 (USE ATTACHMENT IF MORE SPACE IS NEEDED), AND STATE NATURE OF IMPROVEMENTS. HAVE ANY OF THESE IMPROVEMENTS BEEN EXTENDED OR IMPROVED AFTER (1) SEPTEMBER 7, 195'1 {2} JANUARY 3, 1959? DESCRIBE. WAS THIS BENEFICIAL USE CONTINUED THROUGH JANUARY 3. 1959? DESCRIBE. THE PLAT IS BASED ON APPARENT USE AND IMPROVEl\~N"I'S EXISTING ON JANUARY 3, 1.959, RECOGNI7ED BY THE ALASKA LAND ACT; STATE ANY REASON KNOWN TO YOU WHY YOUR CLALM DOES NOT CORRESPOND WITH THE PLAT. (USE ATTACHMENT IF MORE SPACE IS REQUIRED.) 1 OFFER CASH ,MONEY ORDER ,CASHIER'S CHECK ~fii THE Ait~iOUNT OF $ AS DEPOSTI' FOR THE FOLLOWZ2dG cosTS: USE BY CLERK FILING FEE $ $ 3CJRVEY COSTS {AT RATE OP _SQ.FT.) $ $ APPRAISAL COSTS {CLASS II APPLICATIONS}$ $ TRANSFER COSTS ($ ) $ $ HEARLNG COSTS (IF CLAIM ADVERSE TO PRIOR APPLICATION A DEPOSIT OF $ FOR HEARING AND SERVICE NOTICE IS REQUIRED). $ $ TOTAL DEPOSIT (DOES NOT INCLUDE PURCHASE PRICE OF LAND IN CLASS II APPLICATIONS) $ $ DEPOSITION RECEIVED BY CITY BY: DATE OF APPLICATION: DATE APPLICATION RECEIVED BY CZI`Y: TIME FILED: CERTIFICATION I, ,THE ABOVE-NAMED APPLICATION, OR ITS AGENT, HEREBY CERTIFIES THAT ALL OF THE STATEMENTS MADE IN THE APPLICATION AND INCORPORATED ATTACHMENTS, IF ANY, ARE TRUE AND CORRECT PRLNT NAME(S) Ordinance No. 2238-2007 Attachment "A" 5!3 t/2007 8:39 AM C:\Doeumenes and Settings\efreas\Local Settings\Tempnrary FnterneC Files\OLKS\Chapeer I ll.doc Page 23 oP 46 30 SIGNATURE{Sj (B) ASSESSOR'S APPRAISAL THE UNDERSIGNED APPRAISERS} DO HEREBY CERTIFY THAT HE HAS DULY APPRAISED TIIE TIED AND/OR SUBMERGED LAND DESCRIBED IN THE ATTACHED APPLICATION N0. OF , WITHOTcJT INCLL~ING IN THE I-IER.EINAFTER STATED VALUE ANY VALUE FOR VALUABLE IMPROVEME_?'1TS CONSTRUCTED OR PLACED HEREON PRIOR TO JANUARY 3, I959, AT THE FAIR MARIfET VALUE. TIDELAND SQFT. AT $ PER SQ. FT., $ DATED, AT KENAI, ALASKA THIS DAY OF , I9 _. SIGNED: Ordinance No. 2238-2007 Attachment "A" 5/31/2007 839 AM CaDocumentn and Settings\efreas\Local Settings\Ternporary Internet Piles\OLKB\Chapter111.doe Pagc 24 of 46 31 (C} WAIVER OF CLASS II PREFERENCE RIGHTS (ATTACH TO EACH CLASS I APPLICATION) I, ,THE APPLICANT, OR HIS AUTHORIZED AGENT, I THE APPLICATION FOR TIDELAND PREFERENCE RIGHTS, APPLICATION NO. , TO WHICH THIS WAIVER IS ATTACHED, DO HEREBY WANE ANY AND ALL PREFERENCE RIGHTS, TO ACQUIRE TIDE OR SUBMERGED AND LYL'VG SEAWARD OF THE CITY OF KENAI, TO WHICH I AM NOW OR MAY HEREAFTER BECOME ENTITLED BY REASON OF THE PROVISIONS OF PUBLIC LAW 85-303. DATED, AT KENAI, ALASKA THIS DAY OF , 7.9 __,, B1' AND BETWEEN THE CITY OF KENAI, ALASKA, GRANTOR, AND ,GRANTEE(S). WITNESSETH: THAT THE SAID GRANTOR, FOR AND IIvT CONSIDERATION OF THE SUM OF ONE AND NO I00/THIS ($1.00} DOLLARS AND OTIIDR GOOD AND VALUABLE CONSIDERATION, TO IT IN HAND PAID BY THE SALT GRANTEE(S), PURSUANT TO THE PROVISIONS OF THE ALASKA LAND ACT (CHAPTER 1G9, SLA 1959) AND ORDINANCE N0.455-78, ENACTED ON 7ANUARY 3, 1979, PURSUANT THERETO, DOES HEREBY CONVEYS, QUIT CLAIMS, AND CONFIRMS UNTO SAIL? GRANTEE(S) AS TENANTS BY THE ENTIRETY, WITH THE RIGHT OF SURVIVORSHIP (STRIKE IF GRANTEES ARE NOT FIUSBAND AND WIFE}, AND TO THIS (THEIR HEIl2S AND ASSIGNEES (STRIKE IF GRANTEE A CORPORATION) AND TO ITS SUCCESSORS AND ASSIGNS (STRIKE IF GRANTEE NOT A CORPORATION), ALL SUCH IlVTEREST AS THE GRANTOR HAS, IF ANl', IN THE FOLLOWING DESCRIBED LOT, PIECE, PARCEL AND TRACT OF TIDELAND AND CONTIGUOUS SUBMERGED LAND SITUATION WITHIN THE CORPORATE LIMITS OF THE CITY OF KENAI, ALASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: ALL OF LOT ,BLOCK , ACCORDING TO OFFICIAL TIDELANDS SUBDNISION PLAT OF THE CITY OF KENAI, ALASKA. TOGETI-iER WITH ALL AND SINGULAR THE TENEMENTS, HEREDITA~~~IENTS AND APPURTENANCES THEREUNTO BELONGING OR IN ANYWISE APPERTALNING. TO HAVE AND TO HOLD TI'iE SAME UNTO THE SAID GRANTEE (S), HIS OR THEIR HEIRS AND ASSIGNS, (OR} TO ITS SUCCESSORS AND ASSIGNS, FOREVER. IN WITNESS WHEREOF, THE GRANTOR HAS CAUSED THIS DEED TO BE EXECUTED THE DAY AND YEAR HEREINABOVE FIRST WRITTEN. CORPORATE SEAL CITY OF KENAI, ALASKA BY: (ITS MANAGER} Ordinance ~'a. 2238-2007 Attachment "A° 5/37/2007 8:99 AM -- C:QJocuments and Settings\cfieas\Local SettingsSTemporary intetnet Files\OLKB\Ghapter S l l.dnc Page 25 of 46 32 CLERK Chapter 11.20 LEASING OF TIDELANDS 11.20.01.0 Poficy. 11.20.020 Lands available for leasing. 11.20.030 Qualifications of applicants. 11.20.040 Classif5eation prior to lease required. 1.1.20.050 Applications. 1L20.060 Rights prior to leasing. 1.1.20.070 Procedure. 11.20.080 Public notice-Public hearing. 11.20.090 Selection of applicant. ll.20.100 Appeal 11.20.110 Appraisal and survey of leased lands. 11.20.120 The lease document-Terms. 11:20.130 Appraisal. 11.20.140 Review. 11.20.150 Annual minimum rental 11.20.1.60 Principles and policy of lease rates. 11.20.170 Responsibility to properly locate, 11.20.180 Lease utilization. 1.1..20.190 Subleasing. 11.20.200 Assignments. 11.20.210 Modification. 11..20.22() Cancellation-Forfeiture. 1,1.20.230 Default-Right of entry. 11.20.240 Notice or demand. IL20.250 Financing-Rights of mortgages or lienholder. 11.20.260 Entry and reentry. 11.20.270 Re-lease. 11.20.280 Forfeiture of rental. 11.20.290 Right of inspection. 11.20.300 Easement grants reserved. 11..20.31.0 Lease subordinate teI financing requirements. 11.20.320 Written waiver. 11.20.330 Surrender on termination. 11.20.340 Sanitation. 1.1.20.350 Buitding and zoning codes. 11.20.360 Rutes. 11.20.370 Aircraftoperations protected. 11.20.3$0 Right to enjoyment and peaceable possession. 11.20.390 Lessee to pay taxes. I1.20.40U No partnership or joint venture created. -~ Ordinanoe Na. 2238-2007 AktachmenC "A" 5131/2007 839 AM C:\Documenks acid Seetings\efreasU.ocal Se[Gings\Temporary huemet Mlles\OLKF3\Chapter I l l.doc Page 26 of 46 33 11.20.410 Default bankruptcy. 11.20.420 Nondiscrimination. 11.20.430 Partial invalidity. 11.20.440 Parole modifications. 11 ?0.450 Amendment of Lease. 1L2Ii.460 Compliance with laws. 11.20.470 Care of premises. 11.20.480 Lessee's obligation to remove liens. 1L20.490 Condemnation. 11.20.500 Protection of subtenants. 11.20.510 Successors in interest. 1.1.20.520 Governing taw. 11.20.530 Notices. 11.20.540 Fire protection. 11.20.550 Inspection. 11..20.560 Personal use of materials. 11.20.570 Restrictions and reservations. .1.1.20.5$0 Waste and. injury to land. 11..20.590 Warranty. 11.20.600 Approval of other authorities. 1.1..20.610 Title restrictions. 11..20.620 Insurance-I~otd harmless. 11.20.630 Insurance of users-Subtenants. 11.20.640 Annual report. 11.20.650 Tidelands claims. 11.20.660 Subjection to harbor ordinance. 11...20.670 Arbitration. 11.20.680 Provisions regulating public use purpose. 11.20.690 Provision to be included in public use lease. 11.20.700 Pnblie use: defined. 11.20.710 Controlled access. ].1.20.720 Use charges. 11.20.730 Maintenance of doek. 11.20.7401VIadifications of existing leases. 11.20.750 Unauthorized removal of material prohibited. 11.20.760 Removal not authorized by lease. 11.20.770 Disposition of eights by Council. 11.20.780 Penalties. 1L20.790 Tideland leases for shore fisheries. 11.20.010 Policy. The City, in order to make sites available for beneficial indusirias, may lease City-owned tidelands tc> persons who agree to operate a beneficial industry upon the terms and conditions the Council considers advantageous to the City. Ocdznance Yo. 2235-2007 Attachment "A" 5/31(2007 8:33 AM ._. C:ADocumenYS and Settings\c&~eas~L.ocal Se[lingsV'Pemporary Tntemet PilesIOLKBVChapeer Cli.doe Page 27 of 46 34 I1.20.020 Lands available for leasing. All classified Cide and contiguous submerged land within the limits of the City to which the City holds title may be leased as hereinafter provided, for surface use only(, AND UNDBR THE CONDZI'ION THAT SAID LEASE IS SIiB7ECT ANf3 INFERIOR TO PREFERENCE RIGHT CLAIMS THAT MAYBE MADE VJITI-1iN A TWO (Z) YEAR FILING PEFIOD FOR PREFERENCE RIGHTS] and subject to the rights of existing set net site holders within the City limits. 11 0.030 Qua[ificatians of applicauirs. Au applicant for a lease is qualified if the applicant: (a} Is an individual at least nineteen (19) years of age or over; ox, (b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska. 11.0.040 Classification prior to lease required. Befoxe accepting applications to lease tidelands, the area involved shall have first been classified for leasing by the City Council with the approval of the Planning and Zonine Commission HARBOR COMMISSIONS], and their availability advertisedr,n anewspaper of general circulation in the area once each week for two (2) sucoessi,ve weeks not less than thirty (30) days prior fo the time set for the closing of the acceptance of applications, and that all applications are available for public inspection aY the City Hall offices. 11.20.050 Applications. (a) All applications for lease of tidelands shall be filed with the [CLERK] City Manaeer on forms [PROVIDED BY HER AND] available at City Hall which shall upon execution of the lease become parC of the lease document. Only forms completed in full and accompanied by a [ONE] five hundred dollar[($100)] 5001 filing fee wilt be accepted fox filing. Filing fees a7•e not refundable. (b) With every application, the applicant shall submit a development glen showing and stating: (I} The purpose of the proposed lease; (2} The use; value, and nature of improvements to be constructed; (3) The type of conshvetion; (4) Dates construction is estimated to commence and be completed; (5} Whether intended use complies with the zoning ordinance and comprehensive plan of the City; (6) Describe by reference to the plat the yea to be leased; (7} A detaaled financial plan showing ability to carry through with the development plan; (S} A performance bond of five percent (5°7c) of the project's estimated cost (which bond shall not exceed fifty thousand dollars {$50 000), payable to the City. Ordinazice No. 2238-2007 ArWChment "A" 5/31/2007 9:52 AM L'':~IIatalDocnmentslHTMtxlocumentsiOrdinance No. 2238-2067 Attachment A.doc Page 28 0 46 .3S 11..20.060 Rights prior to leasing. Neither the filing of an application for a lease nor the holding of a public hearing thereon as provided below, shall give the applicant a right to a lease or to the use of the land applied for. Any use not au€horized by a lease shall constitute a trespass against the City. 11.20.070 Procedure, (a) Planning and Zoning Colnrrlission: All lease applications shall be reviewed first by the City of Kenai Planning and Zoning Commission to determine whether the contemplated use falls within that permitted under the zoning ordinance. [(B) I,IARBOR COMMISSION: ALL LEASE APPLICATIONS SHALL BE REVIEWED BY THE HARBOR COMMISSION. IF THE COMMISSION AFTER CONSIDERING THE LEASE APPLICATIONS DETERMINES AT A PUBLIC HEARING AS SET FORTH IN THE SECTION BELOW THAT ANY ONE LEASE WI[.S, BE IN THE BEST INTERESTS OP THE CITY OF KENAI, THE COMMISSION MAY MAKE A RECOMMENDATION TO THE CITY COUNCIL OF APPLICANT ALONG WITH ANY MODIFICATTOi~S OR CONDITIONS RECOMMENDED BY THE COMMISSION.] [(C}]~} City Council: The City Council shall make the final determination of the selection of the applicant based upon the Commission's recommendation and approve or reject the choice of application made. 1 L20.OS0 Public notice-Public hearing. Notice of the lease application shall be published in a newspaper of general circulation within the City not less Char. ten (10) or more than thirty (30) days prior to the date of public hearing. The notice must contain the name of the applicant, a brief dascriptian of the land, proposed use, term, and a declaration that the Planning and Zonine Commission will consider the lease to the applicant on the basis of the applicant's agreement to operate a beneficial. industry upon the Terms and conditions as set forth in its application which is available fur public inspection at the City Hall offices. The notice shall state the date upon which public hearing will beheld before the Commission for consideration of the application. 11 0.090 Selection of applicant. After the hearing provided in KMC 11.20.080 above, the Planning and Zoning Commission may make its recommendation of the applicant to the City Council if in the Planning and Zoning Commission's opinion, on the basis of all the testimony presented, the award of the prospective lease will be advantageous to the City and in the best interests of the public welfare, health, and safety. In the alternative, the Planning and Zoning Commission may elect to make no recommendation for any applicant giving its reasons therefor. The PIannin~ and Zoning Commission may [IMPOSE] recommend additional conditions upon the applicant before making its award. The decision of the Council shall be posted on the City Bulletin Board the day after the hearing and remain posted for ten (10) days. Ordinance No. 2238-2007 Attachment "A^ 5/31/2(}67 8:39 AM -. C:\I7ocnments and Settings\efreaslLocal Settings\Temporary Internet Files\OLKB\Chapter I ll.doc Pace 29 of 4G .36 11.20.100 Appeal. Any person disagreeing with the decision of the Council may appeal the decision by filing suit in the Superior Court, Third Judicial District at Kenai, within ten (10) days from the date of the posting of Council's decision. 11.20.110 Appraisal and survey of (eased lands. [THE] Each applicant will furnish a survey and appraisal of the Land in question prior to leasing. Any resurveying or re-platting required will be the applicant's responsibility and expense. 1.1.20.120 The [ease document-Torms. Leases may be issued for a term of not less than two (2) years nor more than ninety-nine (99) years. The applicant shall state in his application the teen desired.. 1n deteranining whether to grant a Lease for the requested term, the Council shall consider the nature, extent, and cost of the improvements which the applicant agrees to construct thereon as a condition of the lease the time required to amartiza the proposed investment, the v~ilue of the applicant's proposed use to the economy of the City and other relevapt factors. The term of the lease maybe extended for a number of successive periods for a set number of years each. as Iong as the appropriate extensions and original term do not exceed 99 years. 11.20.130 .Appraisal. No land shall be leased, or a renewal lease issued, unless the same has been appraised within a six month period prior to the date fixed for beginning of the term of the lease or renewal lease. No land shall be leased for less than the approved, appraised annual rental, according to the method as described in Section 11.20.150 below, except to State or Federal agencies or their subdivisions if it is in the public interest to do so. Appraisals shall roflect the number and value of City services rendered the land in question. 11.20.1.40 Review. No leased land maybe changed in use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning and 7onina Commission and approved by the Council. 11.20.150 Annual minimum rental. (a) Annual minimum rentals shall be computed from the approved appraised market value .utilizing the method as described in KIvIC 1 LZ0.16O(a}. Annual minimum rental shall include: (1) Taxes pertaining to the leasehold interest of the Lessee. (2) Sales tax now enforced or levied in the future computed upon rent payable in. monthly installments whether rent is paid on a monthly or yearly basis. (3) All taxes and assessments Levied in the future by the City of Kenai, as if lessee was considered the legal owner of record of the leased property. - Ordinance No. 223&2007 Attachment "A" Sr ll2007 8:39 AM C:1Docmnents and Settingsic£teas\Local. SettingsATemporary Internet FilesVOLKBVChapter it 1.doc Page 30 of 46 3'T (4) Interest at the rate of eight percent (8%} per annum and ten percent (10%) penalties of any amount of money owed under this lease which is not paid on or before the date it becomes due. (5) AlI sales taxes due on payments under this lease and to all sales taxes applicable ca its operations. (6) All special assessments for public improvements levied by the City of henna, as if lessee were considered legal owner of leased property. (b) Upon execution of the lease the lands demised become taxable to the extent of its leasehold. interese and lessee shall pay ail real property taxes levied upon such leasehold interest in these lands, that the City as part of the consideration of rental payments depends and relies upon t17e payment by the lessee of said assessments and taxes as if he were the owner of said demised land. (e) Rent shall be paid annually in advance. Said payments shall be prorated to conform with the City of Kenai's fiscal year beginning July I and ending June 30. If the equivalent monthly payment exceeds $200, then the lessee shall have Che option of making payments an a monthly or quarterly basis. 1I.2Q26(i Principles and paticy oPlease rates. (a) To insure a fair return, all leases for a period in excess of five (5) years shall include a redetermination clause as of the fifth anniversary of each Lease, normally set for the fixst of July of that fifth year. In pursuing a €air return, all lands for ]ease shall be appraised prior to lease and again prior to redetermination. Therefore, lease rates shall be-based on: (1) Fair market value of the land, including an appropriate cons#deration of facilities anal services available (public water, public sewer, storm sewers, and other public utilities) as determined by a qualified independent appraiser, considering the best use of the specific land. (2) The actual rate of return determined to be a fair return to the City shall be set. at [SIX PERCENT (6%)] eight percent (8%) of fair market value. The appraisal shall not include structural. improvements made to the land or improvements made by way of gravel or other approved fill placed an the land. (b) Realizing that investors, developers, and other potent-ia1 lessees need a reasonable assurance of stability in future lease rates, Che redetermination clause of all future leases shall include. the following language: At each five-year interval, the fair market value shall be determined by qualified, independent appraisers. The redetermined lease rate (annual rent) under this provision, shall be [LIMITED TO A FIFTY- PERCENT (50%) INCREASE IN THE PRIOR LEASE RATE UI~TTIL THE THfRTIETH-YEAR ANNIVERSARY OF THE LEASE AFTER WHICH THE FIFTY PERCENT (50%) CAP PROVISION SHALL NO LONGER APPLY AND THE LEASE RATE SHALL BE REDETERMINED EVERY FIVE YEARS] on the basis of fair market evaluation as determined in KMC 11.20.080. (c) City leases of tidelands existing at the time of the enactment of this chapter shall have a thirty-year period determined from the date from which the lease was originally entered into. Ordinance No. 2238-1A07 Attachment "A" - 5/31/2007 839 AM ~-- C:\Documents and Settings\efreaslLocal SettingslTemporar'y Internet FileslOLK}31Chapter 1 r l.doc Page 3'1 of d6 38 (d) Failure by the City to insist upon. renegotiation at the end of any given five-year period shall not constitute a waiver of the right of the City to insist upon renegotiation in any subsequent year, provided that neither the City nor the lessee shall have the right to insist upon renegotiation until five years shall have elapsed from the date the rental was last adjasted. 11..20.170 Responsibility to properly locate. It shall be the responsibility of the lessee to propeily locate himself and his improvements on the leased land It shall be unlawful to encroach on other lands of the City, ar on lands owned or leased by another. 11.20.180 Lease utilization. Leased lands shall be utilized far purposes within the scope of the application, the terms of the lease and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at anytime. Failure to substantially complete the development plan of the land within the specified time from the date of execution of the lease, consistent with the proposed use and terms of the lease, shall constitute grounds for cancellation. The Tease shall set forth in detail with appropriate plans and specifications the improvements to be made within the time period described above. 11.20.190 Subleasing. Leases may provide for subleasing a portion of the leased land without prior Council approval. Subleases shall be in writing and be subject to the terms and conditions of the original lease. No approval of the City shall be given to the sublease of property until tha lessee has substantially complied with the development plan. 11.20.2(10 Assignments. Except for assignments for collateral purposes, no lessee may assign the lands leased to him without prior Council. approval The assignee shall be subject to all of the provisions of the lease. Any attempted assignment made in violation of this section shal'1'be void. Any assignment requiring Council approval will not be umeasanabiy denied. 11.20.210 Modification. No lease may he modified orally ar in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall raqurze Council approval. 1.1.20.220 Cancellation-rorfeihtre. {a) Leases in good standing may be canceled in whole, or in part, at any time upon mutual written agreement by lessee and the City Council. (b} Any lease used for an unlawful purpose rna}' be canceled. -- Qrdinance No. 2235-2007 Attachment "A" 5/3112067 839 AM CaDocuments and Settings\efreas\L.ocal Settings\Temporary Internet Hiles\OLKC3\Chaprer 111..doc Pagr. 32 of 46 39 (c) If the lessee shall default in Che performance or observance of any of the lease terms, covenants, or stipulations thereto, or of the regulations now or hereafter in force, and should said default continue for thirty (30) calendar days after service of written notice by the City without remedy by lessee of the conditions warranting default, the City shall subject lessee to appropriate legal action, including, but not limited to, forfeiture of the lease. No improvements may be removed by lessee or other person. during any time the lessee is in default. This provision shall not be construed to prohibit the City from taking any appropriate legal action, including, but limited to, forfeiture of the lease, immediately upon the occurrence of a default. ll.20.230 Default-Right of entry. Should default be made in the paymeirC of any portion of the rent or fees when due or in any of the covenants or conditions contained in the lease or in any regulations new or hereinafter in force, than in such event the City shall give lessee thirty days after such written notice to cure such default or defaults, after which if the default. is not cured, the City may tezminate the lease, re-enter and take possession of the premises, remove all persons therefrom.. 11.24.240 Notice or demand. Any notice or demand which under the terms of a lease or under any statute mustbe given or made by the parties thereto, shall. be in writing and be given or made by registered or certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given, made or mailed. A notice given hereunder shall be deemed delivered when deposited in a U.S. general or branch post office, enclosed in a registered or certified mail envelope, addressed as hereinabove provided. 11.20.250 Financing-Right`s of mortgages or lienholder. (a) For the purpose of interim ar permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, a lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment, or other appropriate instrument, the lessee's interest in the leased premises and in and to the lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in the City's title to the ).eased premises. If such mortgage, deed of tzvst, or assignment, shall be held by a bank ar other established lending or financial institution (which terms shall include an established insurance company and qualified pension orprofit-sharing trust}, and such institution shall acquire the lessee's interest in such Lease as a result of a sale under said encumbrance pursuant to a r"oreclosure or other remedy of the secured part}, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of u-ansferring its interest in such lease to a nominee or a wholly-owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of Che covenants and conditions required to be performed by the lessee, whereupon such lending institution shall be relieved of any further liability under such lease from and after such transfer. Such lending institute for the nominee or wholly-owned subsidiary corporation to which it may have transferred such lease, or any other lending institution which may at any time acquire such Ordinance No. 2238-2007 Attachment "A" 5/31/2007 839 AM - C:\Documcnfs end Settinge\eExeaslLocal SettingslTomporary Internet Filcs\OLKB\Chapter t l t.doc Pege 33 of 46 40 lease, shaIl be relieved of any further liability under such lease from and after a transfer of such lease. (b) A leasehold marteagee, beneficiary of a deed of trust, or security assignee, shall have and he subrogaCed to any and all rights of the lessee with respect Co the curing of any default hereunder by lessee. (c) If the holder of any such mortgage, beneficiary of any such deed of trust, or the security assignee shall give Che City before any default shall have occurred in Che lease, a written notice contaitting the name and post of5ce address of such holder, the City shall thereafter give to such holder a Dopy of each notice of default by the lessee at the same time as any notice of. default shall be given by the City to the lessee, and the City will not thereafter accept any surrender ar enter into any modification of this lease without fhe prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this'lease. (d} If, by reason of any default of the lessee, either this lease or any extension thereof shall be terminated at the election of the City prior to The stated expiration Cherefor, the City will enter into a new lease with the leasehold mortgagee for the remainder of the term, effective as at" the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditions: (1} Such mortgagee, beneficiary, or security assignee, shall make written request to the City £or sach new lease within twenty days after the date of such termination and such written request shall be accompanied by a payment to the City of all sums then due to the Ciey under the lease. (2) Such mortgagee, beneficiary, or security assignee, shaft pay to Che City, at the time of the execution and delivery of such new lease, any and all sums d'ue thereunder in addition to those which would at the time of the execution and delivery thereof be duo under this lease; but for sach termination and in addition Choreto, any reasonable expenses, including legal and attorney's fees, to which Che City shall have been subjected by reason of such default, (3) Such mortgagee, beneficiary, or securYty assignee shall, on or before the execufion and delivery of such neu+ lease, perform all the other conditions required to be performed by the lessee to the extent that the lessee shall have failed to perform such conditions. {e} If a lending institution or its nominee or wholly-owned subsidiary corporation shall hold a mortgage, deed of Trust, or similar security interest in and to this lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation shall desire to assign this lease or any new lease obtained from the City (other than to a nominee or to a wholly-owned subsidiary corporation as pernutted by the above provisions) to an assignee who will undertake to perform. and observe the condipons in such lease required to be performed by the lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. If the proposed assignor shall assert that the City in unreasonably withholding its consent to anysuch proposed assignment, such dispute shalt be resolved by arbitration. Ordinance No. 2238-2007 Attachment "A° 5731/2007 8:39 AM Cat)ocnmente and Settings\cfreastLocat Settings\Temporary Internet Files\OLKS1Chapter 1 t'l.doc Pose 34 0r 46 41 11 0.260 Entry and re-entry. In the event that the Lease should be terniinated as hereinbefore provided by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the lessee dut7ng the said term, the lesser nr its agents, servants, or representatives may, immediately or any time thereafter, re-enter and resume possession of said lands or such part thereof, and remove alt persons and property therefrom, either summary proceedings or by a suitable actian or proceeding at law without being liable for any damages therefar. No re-entry by the lessor shall be deemed an acceptance of a sun-ender of the lease. 1.1.20.270 Re-lease. In the event that a lease should be terminated as herein provided, or by summary proceedings, or otherwise, the City Commission may offer said lands for lease or other appropriate disposal, pursuant to the provisions of this ordinance. 11.20.281) I+orfeiture of rental. In the event that the lease shauld be terminated because of any breach by the lessee as herein provided, the annual rental payment last made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for said breach. 11.20.290 Right of inspection. City shall have the right at all reasonable times to enter the premises, or any part thereof, far the purposes of inspection. 11..20.300 Easement grants reserved. City reserves the right to grant and control easements in, or above the land leased. No such grant or easement will be made that will unreasonably interfere with the lessee's use of the land, and lessee shall have free access and use of any and all parking and loading lights, rights of ingress and egress now or hereafter appertaining to the leased premises. 11.20.310 Lease subordinate to financing requirements. Lessee agrees that City may modify the lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted Che lessee by this lease, nor act to cause the lessee financial loss. 11.20.320 Written waiver. The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any default on the part of the lessee in observance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provisions of the lease. No failure on the part of the lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall dischaz-ge or invalidate such covenants or provisions, ar affect the right of the lessor to enforce the same in the event of any Ordinance No, 2238-2007 Attachment "A" 5/3112007 8:39 AM C:\Documents and Battings\cfreas\Local SettingslTemporary Internet FileslOLKB\Chapter 1 f l.doc - Page 35 of 46 4-2 subsequent breach or default. The receipt, by the lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, ar after the giving by the lessor o'f any notice thereunder to effect such termination; shaII not reinstate, continue, or extend the resultant term therein demised, destroy, or in any manner impair the efficacy of any such notice or termination as may have been given thereunder by the. lesser to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lesser. 11.2©.330 Sm•render on terminat5on. {a} Lessee shall, on the Last day of the term of this lease or upon any earlier termination of this lease, sun•ender and deliver up Che 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 a1I lettings and occupancies unless expressly permitted by City in writing, and free and clear of all liens and encumbrances other than those created by City for loans to the Cite. (b) Upon the end of the term of this lease or any earlier termination th©reof, title Yo the buildings, improvements, and building equipment shall automatically vest in the City without requirement of any deed, conveyance, or bill of sale document in confirmation hereof, lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection therewith- 11.20.340 Sanitation. The lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean, and sanitazy condition, and every effort shall tae made to prevent the pollution of water. 11.20.35013uilding and zoning codes. Leased lands shall be utilized in accordance with the building and.zaning ardinaaces and rules and regulations of said authority. Failure to do so shall constitute aviolation of the lease. 11.20.3(0 Rules. {a} The lessee shall observe, obey, and comply with all applicable rules, etc., of the State or Federal gavernmenes. (b) City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no cafe or regulation hereafter adopted or amended by the City shall become applicable unless it has been given thirty days notice of adoption or amendment thereof. {c) Lessee, in the conduce of its operations on the demised premises, shall observe, obey, and comply with any and all applicable rules, regulations, ]aws, ordinances, or orders of any governmental authority, federal or state, lawfully exercising authority aver lessee or }essee's conduct of its business. Ordinance No, 2355-2007 Attachment "A" SI31f2007 8:39 AM CaDocunsents and SettnigstePreaslLocal Settings\Teniporary Int'erneC Files\OLtCB\Chapter 1ll..doc Page 36 of 46 43 (d) City shall not be liable to lessee for any diminution ar deprivation of possession, or of its rights hereunder, on account of the exercise of any such right or authority as in this section provided, nor shall lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shat} so interfere with lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of }aw in accordance with the laws ot" the State of Alaska. and of the United States made applicable to the states. 1.1.24.374 Aircraft operations protected. (a) The City shall reserve to itself its successors and assigns, for the use and benefit of the public; a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises conveyed, together with. the right to cause in said airspace such noise as maybe inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said an-space of landing at, taping off from, or operating on the Kenai Airport. (When plans for improvements are approved by the City, the City to the extent of those improvements releases Che easements here expressed.) (h) The lessee by accepting conveyance expressly ao •ees for itself, it, representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, an the and conveyed, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, all of which shall he at the expense of the lessee ar its heirs, successors, or assigns. 11.24.384 Right to enjoyment and peaceable possession. The City shall agree and covenant that the lessee, upon paying rent and perl'onning other covenants, terms, and conditions of this lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy ehe said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceab}e possession. 1L24.344 Lessee to pay taxes. Lessee shall pay all lawful taxes and assessments which, during the term thereof may become a lien upon or which may be levied by the State, Borough, City, or any other tax-levying body, upon any taxable possessory right which lessee may have in or to the reason of its use or occupancy, provided, however, that nothing herein contained shall prevent lessee from. contesting as any other land owner any increase in such tax or assessment through procedures outlined in State statutes. ll.2O.AO4 No partnership or joint venture created. The City shall not be construed or held to be a partner or joint venturer of lessee in the conduct of business on the demised premises; and it is expressly understood and agreed. that the Ordinance tio.2238-2007 Attachment `A° 5/31/2007 8:39 AM -- C:1Dncuments and Settings\cf'reas\Local Settings\Temporazy Internet Files\OLKB\Chapter l t.l..rloc Page 37 of 46 44 relationship between the parties thereto is, and shall at all times remain that of landlord and Yenant. 11.20.410 Default hanlcruptcy. If the lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the lessee or lessee's assets, or any interest under this lease, and if the appointment of the receiver is not vacated within thirty days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the lessee, then and in any event, Che City may, upon givhig the lessee thirty days' notice, ternunate this lease. 11.20.420 Nondiscrimination. The lessee, far himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenaau and agree as a covenant running with Che land, that: (a} No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. (b) In the construction of any improvements on, over, or under such land and the famishing of services thereon., no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination. (c) The lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation. Subtitle A, Office of the Secretary, Part 2I, 1~TOndiserimination in Federally-assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. (d) In the event facilities are constructed, maintained, ar otherwise operated on the said property described in this lease, for a purpose involving the provision of similar services or benefits, the lessee shall maintain and opezate such facilities and services incompliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs o€ the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 11.20.430 Partial invalidity. If any term,. provision, condition, or part of the lease is declared by a court of competent jurisdretion to be invalid or unconstitutional, the remaining terms, provisions, eonditlons, or parts shall continue in full force and effect as though such declaration was not made. 11.20.440 Parole modifications. It shall be mutuaIly understood and agreed between the patties that the agreement, as written, shall cover ali the agreements and stipulations between the parties; and no representations, oral or written, have been modifying, adding to, or changing the terms thereof. Ordinance No. 2238-2007 Attachment °A° 5!31/2007 8:39 AM C:\Doeuments and Settings\e&eus\Locat Settings\Tempo;ary lntemet Files\OLK$lChapter I IY.doc Page 3S of 46 45 11..20.450 Amendment of lease. Nottivithstanding anything to the contrary, in order to aid the lessee in the financing of the improvements to be situated herein, the City shall agree that in the event the proposed mortgagee, beneficiary or security assignee under any interim or permanent loan. on the security of the leasehold interest of the lessee and the improvements to be situated thereon so requires, the City vial. make a reasonable effo~2 to amend this lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's rights thereunder nor be such as to alter in any way the rental obligations of the lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of airport lands, and to all applicable Federal statutes, rules, and regulations, and all covenants and conditions of the deed by which the City holds tiCle to the land. I1.2U.460 Compliance with Iavvs. (a) Lessee shall comply with. all applicable laws, ordinances, and regulations of public antharities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and way adjacent Chereto or any buildings, structures, fixtures, and improvements ar the use Chereof, whether or not any such laws, ordinances, and regulations which may he hereafter enaceed involve a change of policy on the part of the governmental body enacting the same. Lessee agrees w hold City financially harmless frarn the following: (1) From the consequences of any violation of such taws, ordinances, and/or regulations. {2} From all claims for damages on account of injuries, death, or property damage resulting from such violation. (b) Lessee further agrees it will not permit any unlawful occupation, business, or trade w be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto. 1 L2U.47U Care of premises. Lessee, at its own cost and expense, shall keep the Iaased premises, all improvements which at any time during the term of this lease may be situated thereon, and any and all appurtenances thereuneo belonging, in good condition and r©pair, during Che entre term of this lease. IL2O.4~U Lessee's obligation to remove liens. Lessee will not pernnit any liens including, but not limited to, mechanics', Iaborers', or material-men's liens obtainable or available under the then existing Taws, to stand against the leased premises or improvements for any labor or material furnished Ca lessee or claimed to have been fumishad to lessee or to Iessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of lessee, provided, however, lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of Ordinance No. 2238-2007 Attachment "A^ 5/3Sl2007 8:39 AM -- C:ADoawnen~s and Settings\cfreasV..ocal Settings\Temporary Zntomet Fi1~stOLCi6AChapter 7 t l.doc Page 39 of 46 46 any such lien or claimed lien. Qn 'final determination of such lien or such claim for lien, lessee wi1.1 immediately pay any judgment rendered with all proper casts and charges and shall. have such lien released or judgment satisfied at lessee's own expense. 11.20.490 Condemnation. In the event the teased premises or any part thereof shall be condemned and taken for a public or aquasi-public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rant payable. during the term or any extension of the teen hereof, and such other adjustments as the parties may agree upon as being just and equitable raider all the circumstances. if the City and lessee are unable to agree within thirty days after such an award has been paid into court, upon what division, annual abatemenC in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration provided in RMC 11.213.670 hereof. .11.20.500 I'roteetion of subtenants. To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted lessee hereunder, the City agrees that in the event of the cancellation, termination, expiration, or surrender of this lease (the ground lease}, the City will accept the subtenant, its successors and assigns, as its lessee fm• a period equal to the full elapsed portion of the term of the sublease, including any extensions or renewals thereof not exceeding the term of this lease, upon the same covenants and conditions therein contained, to tho extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as eo establish direct privity of estate and contraerbetween the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold. estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 11.24510 Successors in interest. This lease shall be binding upon and shall inure to the benefit of the respective successors and assigns o€ the parties hereto, subject to such specific limitations or assignment as are provided for herein. 1.1_2t).520 Governing law. The indenture of lease shall be governed in all respects by the laws of the State of Alaska. 11.20.530 Notices. {a) Any notices required by the lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed as follows: Ordinance Nu. 2338-2007 Attachment "A" 5(31!2007 8:39 AM C:\Documents aztd Setciugs\cfreaslLocal Settings\Temporary Internet Fites\OLKB\Chapte~r ] 11.doc Page. 40 of 4(i 47 To City: City Hall-City of Kenai [P.O. BOX SSOj 210 FidaiQo Avenue Kenai, Alaska 99611 To Tenant: (b) The City shall also mail a copy of any notice given to the lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or seculty assignment. (c) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address .is given to the other parties by the means outlinedsn paragraph (a) above at least fifteen days prior to the giving of the particular notice in issue. 11 W0.540 Iaire protection. The lessee will take all reasonable precaution to prevent and take all necessary action to suppress destructive or uncontrolled grass, brush, or other fires on Teased lands, and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 11 ?0.550 Inspection. The lessee shall allow authorized. representatives of the City to enter the leased land for inspection at any reasonable time. 11 ?O.S60 Personal use of materials. All coal, oil, gas; and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5, and 6 of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee o€ the surface rights shall naC sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or commercial purposes; provided, however, that material required far the development of the leasehold maybe used if its use is first approved by the City. 11.20.570 Restrictions and reservations. The lease shall contain such restrictions and reservations as are necessary to protect the public interest. Ordinance No. 2235-2007 Attachment "A" 5/31/2007 8:39 AM C:\Documents and Settings\cfreas\Loeal Set6ugsl2emoor¢ry Internet Files\OLKB\Chapter 111.doc Page 4I of 46 4$ 1L24.580 Waste and injury to land. If any person shall commit waste, trespass, or other injury upon Chy land, the person so offending, in addition to being civiIty liable for any damages caused, shall be deemed guilty of a violation. 1L2Q.596 Warranty. The City does not wan-ant byrts classification or leasing of Iand that the land is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that it shall be profitabte to employ Iand to said use. City bears no responsibility for any water erosion of land. 11.2Q.600 Approval of other authorities. The issuance by the City of leases does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as maybe required by duly authorized Borough., State, ar Federal agencies. 11.26.610 TiCle restrictions. AII leases ar sales of property shall be made subject to restrictions and reservations in the patent, deed, ar other instrumentunder which the City holds. 11.20.620 l.nsurance-Hold harmless. Lessee shall covenant to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission ar omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the lessee's occupation, or use of the premises demised, or privileges granted, and to pay ail costs connected therewith. In this connection, the lessee shall agree to arrange and pay for all the following: (a) Public Iiability insurance protecting both the City and/or its agents^'and the lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance as set forth in the lease [SHALL HAVE LIMITS NOT LESS THAN THOSE KNOWN AS $250,000!$500,000/$100,000]. (b) Liquor liability (where applicable). (c) Lessee agrees to carry employer's liability insurance and Workmen's Compensation Insurance, and to furnish a certificate thereof to the City, if applicable. (d) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not Less than thirty days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (e) Lessee agrees that waiver of subrogation against the City shall be requested of lessee's insurer, and shall be provided at no cost to the City, (f) Cross Liability: It is turderstood and agreed that the insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the company's tiabihty, but otherwise shall not operate to limit or void the coverage of any one - Ordinance No. X238-2007 Attachment "A" 513IY2D07 8:39 AiVF CdDoc~ments and Seaingslcfreas\i.ocal SettingslTemporazy Snternet FileslOLRB\Chapter I11_dac Page 42 of 46 49 named insured as respects claims against the same named insured or employees of such other named insured (g) The insurance procured by the lessee as herein required shall be issued in the name of the lessee and the City by a company licensed to do business i,n the State of Alaska, and shall. contain. endorsements that (l) Such insurance may not be canceled or amended with respect to the City without thirty days written notice by registered or cerftfied mail to the City by the insurance company. (2) E,essee shall be solely responsible for payment of premiums and that City shall not be required to pay any premiums for such insurance. (h) The amount of insurance coverage required above may be subjeeC Co review forinarease at each five-year renegotiation of the lease. (i) Upon review by the City [COMMISSION], the lessee may be required to obtain such other insurance protecting the City and lessee that may be necessarily required or advisable owing to the particularities of the harbor-related activities on the lease-hold interest. 11.20.630 Insurance, of users-Subtenants. Lessee, for its own protection, may require bona fide public users and subtenants to execute agreements holding lessee harmless from actions arising out of user's operations and may require such bona fide public users and subtenants to show proof of public liability insurance covering their operations on the demised premises in such amounts as will adequately protect them. 11.20.640 Annual report. The lessee may be required to submit to the City each year on or about March 15, an annual reporC on its operations, particularly those services and facilities offered to the public, whether on a fee or non-fee basis. 11.20.650 Tidelands claims. The City shall lease the subject land subject to any preference lights claims made pursuant to the provisions of Alaska State 38.05.320 or Ordinance No. 455-78, dated September 5, 1979 of the City of Kenai, adopted pursuant thereto, and the lessee holds lessor harmless for any damages, legal expenses, or compensation necessitated by the resolution or satisfaction of said claims, if any. 11.20.660 Subjection to harbor ordinance. All. leases are subject to the terms, conditions, and regulations imposed by Title II, Harbor and Harbor Facilities, of the 1979 Kenai Code of ordinances as amended of which this section is part. II ?0.670 Arbitration. In the event the City and lessee shall be unable to agree as to any matter provided for in Che lease except as to the amount of the five-year rent redetermination amount which is handled Ordvtance No. 2238-2007 ACtachment "A" 5/31/21107 8:39 AM C:\Documents artd Settings\efreas\Local Settings\Temporary Internet Files\OLKB1Citaptcr 111_doc Page 43 oF46 S® pursuant to KMC 1.1.2Q160, such dispute shall be determined by three disinterested arbitrators (unless the patties can agree on one arbitrator). Such arbitration shall be conducted upon. request of either the City or the lessee, before three arbitrators (unless the City or the lessee agree to one arbitrator) designated by the American Arbitration Association and in accordance with the rules of such Association. The arbitrators designated and acting under this lease shall have no power to depart from. or change any of the provisions thereof. The expense of arbit-ation proceedings conducted hereunder shall be borne equally by the parties. The proceedings shall. take pace in Kenai, Alaska unless otherwise agreed upon by the parties. 11.20.6801jrovisions-regulating public use purpose. The Csty Council realizes that only a limited area of tidelands bordering navigable waters are available within the City of Ptenai and which are owned by the City of Kenai. 1t would be in the public interest to insw~e that these lands do not pass out of community control at least to the extent that the public would not be deprived of harbor services at reasonable rates in the future. Therefore, areas of City-owned tidelands which ate developable for the bona fide public purposes as enumerated below shall be leased only with the following covenants defined to insure public use and access at reasonable rates. 11.20.690 Provision to be included in public use lease. The following provision shall be included in leases where harbor facilities are constructed to be utilized all or in part for bona fide public uses. 11.20.700 Public use: defined. (a) Public use shall mean a use limited in part or in whole ro the following: (1) In general, the lessee may use the demised premises or part thereof for any of the fallowing purposes only: (i) Public dock facilities. (ii) Maritime commerce. {iii.) Transportation. (iv) Fishing. (v) Boat harbor. (vij Port and waterfront development purposes. (b) Ber""ore lessee may conduct any activities which fall under this general criteria, but a1~e not specifically mentioned above, lessee must obtain written consent of the City. (Ord. 532} 11.20.710 Controlled access. Lessee, for its own protection, may construct or install fences, gates, or other types of barriers to restrict access to portions of the demised premises that are not designated for a public use and may provide reasonable controls for access to public use areas to allow for security for - Ordinance No. 2238-2007 Attachment "A" 5/31/2007 5:39 AM C:\Documents and Settings\efreas~i.ocat Settings\Temporary [ntemet Files\OLKB\Chapter I tl.doc Page 44 of 46 51 such areas while insuring reasonable public access. Reasonable public access includes accommodations made for fishing operations during fishing season. 11.20.720 Use charges. Lessee shall make reasonable and non-discriminatory charges to Che public far use of any of its facilities. It is expressly recognized that lessee is entitled to a margin of profit, which should he fair, reasonable, and competitive, and that City will cooperate to this end in considering rates and fees. The [COMMISSION] Citv Manager review all rate structures annually. The lease shall contain an arbitration provision as set forth in KMC 11.20.670 to resolve disputes arising hereunder. 11.20.730 Maintenance of doc[c. Lessee covenants that it will maintain Che dock facility in a safe condition and in accordance with applicable state and federal standards. 11.20.740 Modifications of existing leases. Leases shaIl only be modified to that extent deemed to be necessary to protect the public's interest. il:?A.750linauthorized removal of material prohibited. Any person, firm, or corporafron who without written authority from the City removes rock, gravel, or other material from the lands owned by the City without the express consent of the City shall be deemed guilty of a violation. Any criminal action taken against such person shall not preclude the institution of civil proceedings by the City. 11 0.760 Removat not authorized by lease, No deed or lease granted by the City to any person shall contain terms or be construed as granting any right to remove material from City lands. 11 ?0.770 Disposition of rights by Council. In recognition that conditions may exist from. time to time whereby use of such lands and the material comprising the same may be beneficial to the public interest and promote the progress and development of the City, applications for the use thereof may be received and considered by the Planning and Zoning Commission, providing such applications fully disclose to the City all material facts and plans for the proposed use. Such applications shall be consistent with the Comprehensive Plan of the City [A_ND REFERRED TO THE CITI' PLANNING COMMISSION FOR ITS RECOMMENDATIONS]. Disposition of such applications shal} be made by the Council after recommendation from the Commission. 11.20.780 Penalties. (a) It is unlawful for any person to violate any of the provisions of this chapter and upon conviction thereof shall. be fined as provided for violations in KMC 13.05.010. Each day such. Ordinance No. 223$-200i Attachment "A" 5!3112007 $:39 AM C:1Documents and Settings\efreas\I,ocaF Settings\Temporazy Internet Files\OLF:B1Chapter i I l.doc Page 4i of 4G 5`L violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (b) In addition to or as an alternative to the above penalty provision, the City may impose a civil penalty iu an amount as provided bq KMC 13.05.010 per day for the violation of any provision of this chapter and seek injunctive relief for any infraction thereof far which the offending party will be charged far reasanable attorney's fees and costs incurred. by the City as awarded by the court- (,e) Nothing in this section shall be deemed eo restrict the City's exercise of any of its rights pursuant to the lease aga~eernent including those enumerated in. KMC 11.20.224 and KMC 11.20.240 hereof. IL20.790 Tideland leases for shore fisheries. {a) The annual minimum rental rate far tideland leases used primarily for shore fisheries shall be three hundred dollars ($300.00) per year- I~owever, should the State of Alaska set an annual lease rate higher than three hundred dollars ($300.00) for similar tideland leases for shore fisheries on land owned by the State, the City may amend the annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to KMC 1 L20.150 shall be in addition to the annual minimum set forth. above. (b) Neither KMC 1 L20.160 nar KMC 11-20.620(x} shall apply to tideland leases for shore fisheries. (c) The provisions of KMC 11.20.110 andKMC 11.20.130 requiring appraisals of tideland property shall not apply to Ieases of tidelands for shore fisheries. However, the survey provisions of KMC 11.ZO.I10 are applicable to shore fishery leases. Ordinance No. 2238-2007 Attachment "A" 5Ci 712067 8:34 AM C:\-ocwnents and Settings\cfizas\Local Settings\Temporary Internet Files\OLKB1Chapter lll.doc Page 46 of 46 53 Suggested by: Administration CTT'Y OF KENAI N0. 2239-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WILDWOOD WATER MAIAT CAPITAL PROJECT FUND TO PROVIDE ADEQUATE FUNDING FOR THE PROJECT. WHEREAS, the City of Kenai received a grant of $480,000 from the State of Alaska to build a water main to the Wildwood Correctional Facility; and, WHEREAS, the grant included $40,000 to reimburse the City for contract administration; and, WHEREAS, the bids far the project came in higher than expected such that the project is short about ~w90,000 including $43,000 for contingency; and, WHEREAS, it is ir. the best interest of the City of Kenai to build this water main; and, WHEREAS, the City administration recommends that the $40,000 contract administration reimbursement be applied to construction costs; and, WHEREAS, in FY2007 the City received grant #07-DC-231 for $322,000 from the State of Alaska for water, sewer, and street projects which was recorded in the FY06 Street/Sewer Capital Project Fund; and, WHEREAS, the remaining $50,000 needed to award the contract is available from the FY2007 State Capital Grant #07-DC-231. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section l: Estimated revenues and appropriations be inereasedJdecreased as follows: FY06 Street/Sewer Capital Project Fund Decrease Estimated Revenues: Appropriations of Fund Balance $50,000 Decrease Appropriations: Construction $50,000 Wildwood Water Main Capital Project Fund Increase Estimated Revenues: State Grant #07-DC-321 $50,000 Increase Appropriations: Construction X50,000 54 Ordinance No. 2239-2007 Page Two Section 2: The folloc~ring budget transfers be made: Wildwood Water Main Capital Proiect Fund From: Administration To: Construction $40,000 $40,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 2007. PAT PORTER, MAYOR. ATTESfi: Carol L. Freas, City Clerk Introduced: Adopted: Effective: June 6, 2007 June 20, 2007 June 20, 2607 Approved by Finance:_ 55 Suggested by: Council CLTY 4F KE~iAY RES®LUTICIN lYO. 20€E'd-3~€ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTIATG THE CONTINUATION OF THE PROJECT ENTITLED "SHAMROCK CIRCLE PAVING DISTRICT" AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT. WHEREAS, the Council directs the City Administration to continue with this project; and, WHEREAS, the following is a Iist of major improvements that are scheduled. to be completed under this project: 1. Fill and grading 2. Asphalt pavement WHEREAS, the Council finds the improvements are necessary and of benefit to the properties to be assessed; and, WHEREAS, the local improvement district costs will be allocated on a per lot basis; and, LUHEREAS, the project is not objected to by owners of properties bearing fifty percent (50%) or more of the estimated costs to be borne by property owners; and, WHEREAS, an account will be kept of all costs of the improvements and that after all costs are known, the City Manager shaIl prepare an assessment roll for the improvements; and, WHEREAS, all of the above improvements will. be done in this area but only fifty percent (50%) of the total cornpLeted. improvements will be assessed to the benefited property owners; and, WHEREAS, this resolution will be mailed to each property owner adjacent to the streets designated for improvements; and, ViTHEREAS, the property owner's name and address used will be that which. is on record at the Kenai Peninsula Borough on this date, June 20, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City will continue with the project entitled "Shamrock Circle Paving District" and the.. improvements listed above. 56 RESOLUTIOn' NO. 2007-34 PAGE 2 OF 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of .June, 2oa7. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk clf Approved by Finance: 57 Suggested by: City Administration. CITY OF KERAY f2ESOLUTFON NO. 2007-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF TRACT A, ALASKA STATE LAND SURVEY NO. 2004-25 FROM THE STATE OF ALASKA, FOR MARKET VALUE, FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai wishes to purchase Tract A, Alaska State Land Survey No. 2004-25 from the State of Alaska for a public purpose, as shown on Attachment "A" of this resolution; and, WHEREAS, the State of Alaska has agreed to sell the property to the City of Kenai for a public and charitable use; and, WHEREAS, the consideration agreed to is market value ($8,750) as reported in the Refrospective Summary Appraisal Report produced by Steve MacSwain of Macs=uain Associates, and dated August 26, 2004; and, WHEREAS, KMC 22.05.135(a) states the following: The city, lay authorization of the city council, expressed in a resolution for such purpose, may lease, purchase or acquire an interest in real propert}> needed for a public use on such terms and conditions as the council shall determine, but no purchase shall be made until a qualified appraiser has appraised the property and given the council an independent opinion as to the full and true value thereof; and WHEREAS, the State requires a ~ 100 patent fee to transfer the deed; and, WHEREAS, under AS 38.05.810 the deed of conveyance shall contain a reversionary interest if the land is used for anything other than a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CFTY OF KENAI, ALASKA, the Council authorizes the sale of Tract A, Alaska State Land Survey No. 2004-25 for market value, for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (6/05/07) kh 58 /,~ trV ~~le tAlG~~ Gl Pitt, ~it ~` ~IG~!? !d ~~~~e xv %'~,I/ ~'°~~ 210 Fida€go Avenue, Kenai, Alaska 99611-7794 ~~'t s ~ Telephone: (907) 283-7535 /Fax: (907) 283-3014 _". - www.ci.kenai.ak.us the aty o f ltENA~ 5KA Memorandum Date: June 5.2007 To: Rick R. Koch, City Manager II From: Kim Howard, Assistant to the City Manager RE: Purchase of T:-act A, ACaska State Land Survey No. 2004-25 Council passed Resolution No. 2007-22 at their May 2id meeting authorizing the purchase of the referenced. property at market value for a future well site. I contacted Kathryn Young, Natural Resource Specialist with the State of Alaska, and was tald the properly did not have to be used specifically for a weiI site but could be used for public purpose. The attached Resolution states the property can be used for a public purpose. Council also passed a resolution at their May 2°d meeting transferring funds to pay for the property. If the attached resolution is passed, we can proceed with the sale. Attachment Jlch 59 ~. ~ c a~"~¢sgE sly I~i€ ~, `* ~ ~_,~~ - ~ FES, ~ ~ ° ~~ 0 ~. € i h y fl ~ ~ 5 cgs' KX ~ ~4 ~ 4 ~~~ -°1t{~ E m e~ ~a ~~xi6u~~~,~,~ ~i as Y I ~~~ 33 ry p' ,'n ~ ~ ~o YY5~ .~ ~ ~, i. t rr yal ,~gi~ E ~ ~~ ~ l~ rtA i3k' h V r I~ H9, 4i ~ i D C ~ ~~S SH ~ F ': ~ ~ ilk € $ s x F '~§ Lf.~{y < ~ e nY qN ~P iS`~^~ `a 4~ 5 G C I E t~ R d F e` ~~ ~ .. Y c.p 51 gn a ai~ »a. a:: `~ ~ ~» s'~ w..,w •F I ~ ~~ ~~ c x s a i 5 ¢ ~p 1 x{ `L d~= l Ef ~ tE 6 E [ a ~; t'~f Y Y 9 F S' e ~`~ = ~ t ! ~~ y$, [[ p G P A 8 t @9 ~ . ~'~E k~ i . "~„ ~ti .-t Ea ~t u~ x~~ CIS ~ f yE4 .Y j H~~~ % ~ ~~ro ~ t i I ~ ~b ~ ~~ c ~x ~gi6€ ~~ `~. ~eF! ~~~ d~_ /\/J ~~ (how ~ i~ _ E i E ° i ~s ~~. Ev` ~ >Y N uS ibn (~: P ~. Y~ 5 ~ .f ~z t,~ s q~ ~~~ i I ~~nH F ~. %~ ~a Y€ ~~, ~8r Yy A.£~.t M1 ~~~ 68zW '~~ 414.~d y p S aq vY'~~ _ ~ sag§E <~ c ¢=~3 .~;~~~i~4o` _~~~, ~~~ 2} ~~Sry E ~µ ~ d ~~ at k [E l4 ti 4 ~ A S ~ ~.z ~ % ~ 6 e e xB°ga t ~%. 4a; ni i{ ~ ~ ~ ~ a\ , ~ f 1 Y e ~ ~ g y~ Y~ i.PP ,. ~ e a sfd 3 5 ~ w M pI ~€ i ryx ~ da T. a3 ~ FSbC if q~g [ ^ ~`y..,~6 it `~FfrY ~~Yf~ ~F~ 4 F q ? F S [[ AY. ~5 ~ Po ~ ~R'y!a Y m °fE ~ '1 FE ~ ~ gE ~f ~ mores mmm E ~ 3 ~$9y ~.' e J ~ ~~ ~yp ~ E ~ ~ .q x> Y E~g~ ~ 'I ~ f t 8~b fix b s ' $ ~~`It e.F ~(I3" V j~'s f Z~ ssy. YX E 5 .. t' t1 zs °+f¢ r ~I; a~ .y~3cR _ oss. Via: g,pe x j9 al ~ ss. '! _ ~ s ~ s: t.% 1 ~@t. 9 x Rs~ x2' of _~~ ~ r ~~~ so Suggested by: Administration CITY OF KENAI RESOWTYON Nm. 2007-36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $10,000 IN THE STREET LIGHTS DEPARTMENT FORA NEW STREET LIGHT AND OTHER IMPROVEMEN"I'S. WHEREAS, it is in the best interest of the City of Kenai to install a new street light in the Inlet View Subdivision and to make certain improvements to wiring; and, WHEREAS, funds are available in the Street Light Department Supplies account for transfer to the Repairs and Maintenance account, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund Fram; Street Lighting -Supplies $10,000 To: Street Lighting -Repairs and Maintenance 10 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20tr day of June 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~" (06/ 12/2007) hl 61 Suggested by: Administration CIfiY OF' KENAI I2ESC3ZIUTIClN NO. 2007-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A JANITORIAL CONTRACT FOR THE KENAI MUNICIPAL AIRPORT TO INTEGRITY JANITORIAL SERVICES LLC FOR THE PERIOD JULY 1, 2007 THROUGH JUNE 30, 2010. WHEREAS, two responsive bids were received on June 12, 2007 for the contract year July 1, 2007 through June 30, 2010 (and may be extended for two successive one- year terms by mutual consent of the City and the Contractor); and, WHEREAS, the bid amounts received were as follows: Bidder Per Month Integrity Janitorial LLC $5,675.00 Precious Janitorial $5,600.00 Services 41,'HEREAS, Integrity Janitorial LLC submitted the lowest responsible bid far the Kenai Municipal Airport; and, WHEREAS, the Council of the City of Renal has determined that award to this bidder will be in the best interest of the City. NOW, THEREFORE; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the janitorial contract is awarded to Integrity Janitorial LLC far the Kenai Municipal Airport for the period July 1, 2007 through June 30, 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~'~ 62 Suggested by: Mayor Porter CITY £3F KEDIAS 12E8d3LI7TICBN 1Y0. 2007-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE DEVELOPMENT OF A COPPER, GOLD AND MOLYBDENUM MINE AT THE PEBBLE PORPHYRY PROSPECT NORTHWEST OF-LAKE ILlAMNA, ALASKA. WHEREAS, Northern Dynasty Minerals Ltd. has announced its intentions to develop. the Pebble Gold-Copper-Molybdenum Porphyry Prospect northwest of Lake Iliamna, Alaska into a large mine operation; and, WHEREAS, Northern Dynasty Minerals Ltd. continues to demonstrate a commitment to the residents of the Bristol Bay Region, Lake and Peninsula. Borough, and the City of Kenai continuing on-site updates proiriding the latest information on their plans; and, WHEREAS, the Pebble Porphyry Mine and related infrastructure is to be constructed in a manner ensuring adequate environmental protection for the regions' wildlife and other subsistence resources and is to be constructed in a culturally sensitive and responsible manner, resulting in hundreds of high-paying, long-term and rewarding jobs available to residents of Alaska; and WHEREAS, the City of Kenai requests the State of Alaska continue a public permitting process that encourages public participation anal comments. NOW, THEREFORE, BE IT RESOLVED BY' THE COUNCIL OF THE CZTY OF KENAl, ALASKA, demonstrates its support for the development of a mine at the Pebble Porphyry site, in an enviromnentally and culturally responsible manner, to extract copper; gold, and molybdenum ore and do hereby encourage Northern Dynasty Minerals Ltd. to bring the Pebble Porphyry Mine to an "ore production stage" in an. expedient manner and the mine employ maximum numbers of area businesses anal. residents during construction and throughout the operation of the mine; and, BE iT FURTHER RESOLVED, that the Kenai City Council encourages the support of local, state and federal governments to advance this critically important project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 2007. PAT PORTER, 1~1AYOR ATTEST: Jenifer Lockwood, Acting City Clerk 63 CIT'Y' OF KENriF YtE5t7LUTItJN NO. 2007-39 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REJECTING ALL BIDS FOR THE PROJECT ENTITLED WILDWOOD WATER MAIN - 2007. WHEREAS, the following bids were received on May 30, 2007: Bidder Basic Bid Schedule Additive Total Basic Bid & ' Alternate Additive Alternate I D & L Construction Co., Inc. $ 431,842.00 $47,121.00 I $ 478,963.00 N. Star Pavin & Construction, Inc. 447,150.00 64,042.00 ~ 511,192A0 I Peninsula Construction, Inc. 478,469.00 74,605.00 ', 553,074.00 Zubeck, Inc. 564,466.OD 63,310.00 ', 644,776.00 I, Tee~in Peaks Construction, Inc. 1,1.06,646.00 95,075.00 1,201,721.00 E~meer's Estimate 418,440.00 61,960.04 ~ 480,400.00 ;and, WHEREAS, all bids are significantly in excess of the available funds; and, WHEREAS, the City Administration will re-bid the project with a reduced scope; and, WHEREAS, the recommendation from the City Administration and the Department of Corrections is to reject all bids; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that all bids for the project entitled Wildwood Water Main - 2007 be rejected. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June 2007. ATTEST: PAT PORTER, MAYOR Jenifer Lockwood, Acting City Clerk Approved. by Finance: i, ;v"' J 64 Suggested by: City Manager CITY ®~` KENAI RESOLUTION PIO. 2007-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING ARCTIC BARNABAS MINISTRIES, INC. BE GRANTED THE CONTRACTUAL RIGHT FOR A 20 YEAR LEASE RENEWAL FORA 35 YEAR LEASE ON LOT 9A, BLOCK S, GENERAL AVIATIC7N APRON SUBDIVISION NO. 5. WHEREAS, KMC 21.10.080 authorizes the Council by resolution to grant a lessee the contractual right to a tease renewal; and, WHEREAS, Arctic Barnabas Ministries, Inc. has applied to lease Lat 9A, Block 5, General Aviation Apron Subdivision No. 5 within the airport reserve; and, WHEREAS, Arctic Barnabas Ministries will build a 80' by 100' hanger with a 44' by 80' office/coffee shop space on the property; and, ~' WHEREAS, KMC 21.10 crdu~arily pravides far leases of 35 years; and, WHEREAS, Arctic Barnabas Ministries, Inc. needs the contractual right for a lease of 55 years, consisting of the an initial 35 year lease term and a 20 year lease renewal, in order to adequately finance and re-coup its investment in the property; and, WHEREAS, the estimated value of the lease improvements will exceed one million dollars, and, WHEREAS, the Airport Commission recommended approval of a 35 year lease with a 20 year right of renewal; and, WHEREAS, it is in the best interest of the City of Kenai to authorize Arctic Barnabas Ministries, Inc. be granted the contractual right fora 20 year lease extension for its lease of Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that pursuant to KMC 21.1Q080 Arctic Barnabas Ministries, Inc. is authorized to be granted the contractual right to a 20 year lease extension fora 35 year lease of Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 2007. PAT PORTER, MAYOR ATTEST: Jenifer Lockwood, Acting City Cierk 65 f p~~l~e tic ,~ Gr ct~r ~t~~e~~ ~~ ~~,~~~,`~`~ 210 Fida(go Avenue, Kenai, Alaska 99611-7794 _ ~ ~ Telepf;one; {907} 283-7535 / Pax: (907) 283-3014 .... .Yt Fr'i w+nrw.ci.kenai.ak.us the~uyof K~t~Al, ALA~~~i V 1~t~MC~1`iT3iT1VI TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk ~/ <~~ DATE: June S; 200'7 RE: WIT`HDRALVl4L OF PRO1`EST OF LIQUOR LICENSE CONTINUATION OF' OPERATION -- Kings Inn Property Management LLC, d,/t~/a Kings Inn hotel, Restaurant ~ Lounge, LLC (License #2457) At the January 17, 2007 meeting, Council protested the continuation of the above- referenced liquor ficense. The protest was based on property tax delinquencies awed to the Kenai Peninsula Borough and pursuant to KMC 2.40.010 and KMC 2.40.020. We have been advised. by the Kenai Peninsula Borough Finance Department, the licensee's tax deiinquencies have been brought into compliance according to borough policies. Does Council wish to withdraw its protest of the Continuation of Operartion Kings Inn Property Management LLC, djh/a Ktings Inn hotel, Restaurant & Lounge, LLC (License #245?)? 66 dUN-05-2007 Tl1E IG~40 AM KENRI PENN BOROUGH CLERK FAX X10, 907 2B2 8$15 F. 01/01 Lt~~ fG~NI~1t PER®IIIV:Sl.~ML/ft E3®R~1_IGI-! 144 N. BINKLEY ST • SOLDOTNA, ALASKA ~ 99868.7620 ~ -~ .~ PHONE: (90?) 714-2160 • FAX; 0307) 714.2888 ~,1~ Toll•free within the Barough: 1.600.478.4441; Ext. 2160 ""~•„~~~ ..h-~~°"' EMAIL: assernblyclerkQboraugh.kenai.ak.us SHERRY BIGGS, CMC 3une 5, 2007 BOROUGH CLERK Ms. Dawn FIolland-'bUilfiams Records & Licensing Supervisor Alaoh.alic Beverage Conical Board 5848 E. Tudor Rd,. Anchorage, AK 99507-1286 Re: Rings Inn Management LL,C dba Dings Inn. # 2457 Removal of Abjection to Continuance Dear Ms. Ilalland-Williams: Please be advised that the Kenai. Peninsula Borough wishes to wifihdraw the objection to the 2007 continuance of the liquor flcense for Dings Inn. The Kenai Peninsula Barough Finanee Department has raviowad its fles and states the licensee lxas hraught their tax delinquencies in compliance according to borough policies. Sincerely, Sherry Biggs, MC Borough Cleric cc: Applicant City of Kenai I{FB Finance Repartment File s:~wewirnnnTnuac a~.a~wc!~~awanamwa~ ~~:~~aw!„na~,~oro~roauo~~ orc~min~on«+ma 6? State of AIaska Alcoholic Beverage Contras Soard Date of Notice: Jnne 1 ~. 2007 Application Type: NEW X TRANSFER Ownership -Location -Name Change Governing Body: Kenai Community Councils: License #: 4708 License Type: Golf Course D:B.A.~: Kenai Golf course Licensee/Applicant; GriFt7n Golf Enterprises, LLC Physical Location: 1420 Lawson Dr Mail Address: PO Box 1943 - Soldotna AK 99669 Telephone #: 907-283-7500 EIN: 20-8167654 CorpILLC Agent: ~ Address Phone IDate and. State of Good standing? Organized Entity Gordon W. Griffin Satne ;Same 1216/06 Yes Please zzote: the hfernbers/Officers/73irectorslShareholders (principals) listed below are the pri[zciual meonbez There may be addillonal memhers that we are not aware of because they are nat Primary members listed alt riyzci ad members and (hose who hold at leasE 10%shares. We {zave 14'kember/Officer/Director: ~ DOB j Address Phone ~ Ti t /t ee Shares (%} ~ Gordon ~~. Griffm ! 12/29/47 'Same ~ Same 150% - MemlMgr I I Deborah Griffin ~ 10/12/j4 Same Same 50% Mem/M~r if transfer app}ieation, current license information: License #: Current D.B.A.: Current Licensee: Current Location: Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 49507 -Voice {907) '?69-0350 -Fax (907) 272-943.2 68 A local governing body as defined under AS 04.21.080(1.1.) 'may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise writte~a statement of reasoias in support of a protest within 60 days of receipt o'P this notice. if a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary; capricious and unreasonable". Ii7stead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an infom7al conference with. either the director or the board ax7d, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62- 63fl. IF TTiE APPLICANT RI;QL7FSTS A FIEARING, T'IIE LOCAL GOVERNING BOI}Y MUST ASSIST IN OR LJNL)E22TAKE THE I)F1FEliTSE OF ITS PROTEST. Linder AS O4.11.420(a), the board may not issue a license or permit for prenuses in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved.. Linder AS O4.1.1.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regtation or ordinance prohibits the sale ar consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance. has been approved, please notify us and provide a certif ed copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance raider AS O4.ll .420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS O4.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). Tf you wish to protest the application referenced above, please do so in the prescribed mariner and within. the prescribed thee. Please show proof of service upon. the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11..400(g), 13 AAC 104.335(a)(3), AS O4.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/~D~f'WalCiamr D.T-I. Williams Records & Licensing Supervisor Alcoholic Beverage Central Board 5848 E. Tudor Rd Anchorage, AK 99567 -Voice {907) 269-0350 - Faa (907} 272-9412 69 Caro! Freas From: Dawn R. Holland-Williams ]dawn_hofland-wilfiams@dpsstate.ak.us] Sent: Friday, June 15, 2Q07 9:28 AM 1'0: Kenai, City of ,Carol Freas Ce: Doug Griffin: Sharalyn.Wright@legisatate.ak.us Subject: New Liquor License -Notification -Kenai Golf Course Governing ~dy - Kenai.dc Good morni.r.g Lauri aril Caro:., Please sae the attached. notification for the new Kenai Go:if Course iiauor lice-nse. In speaking wit*, hue Wright frc:n Representative Cnanaul'~'s office, we ardexstand that the City is waiting for this notification, and that verbal approval may be fort:~comicq. Tne AIIC 3oard is prepared to issue a ~.espcrary approval so that. the Ken.a3. Golf Course can begir. to operate their liquor 1~cense; however, we must `iret receive ei',:her written or vrerbai confirmation that this licenao will be approaed. by the City of Ker..ai at its next kssemb_v meeting. Please contact me at 269-6355, or via email, if there is "any =urther inform aticn you may, need rega.rdanq this issCe. Tnar,k: }ou, Dawn 1 70 AGENDA KENAI CITY CdUNCIL -REGULAR MEETYNG JUNE 6, 2007 7:00 P.M. KENAI CITY COUNCIL, CILAMBERS httn: I I urunxr.ci.kenai.ak.us LTEM A: CALL TO ORDER 1. Pledge. of Allegiance 2. Roli Call 3. Agenda.Approval 4. Consent Agenda. *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. ITEM B: SCHEDULED PUSLYC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGLSLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2234-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Donations to the Disc Golf Course. 2. Ordinance No. 2236-2007 -- Increasing Estimated Revenues and Appropriations by 03,000 in the General. Fund for Police Canine Purchase and Training. Ordinance Na. 2236-2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Enduzg June 30, 2008. a. Substitute drdinance N®. 2236-2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008. 4. Ordinance No. 2233-2007 -- Increasing Estimated Revenues and Appropriations in the Water and Sewer Fund and the ~~Jildwood Water Main Capital Project Fund to Provide Adequate Funding for the Project. (Ctertc`s Note: Administration is requesting the ordinance be introduced, receive a second reading, and adoption at the same meeting.) 71 a. Motion far Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption 5. Resolution No. 2007-27 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008. 6 Resolution No. 2007-28 -- Transferring $20,250 in the Street Department to Purchase a Used Dump Truck. 7. Resolution No. 2007-29 --Transferring $8,762.16 in the PRISM Fund for Salaries. Resolution No. 2007-30 -- Awarding a Contract to Jackson Enterprises to Furnish and Deliver Unleaded Fuel and Diesel Fuel No. 1 anal No. 2. Resolution No. 2007-31 -- Approving a Contract to D 8v L Construction Co., Inc. for the Project Entitled Wildwood Water Main - 2007 for the Total Amount of $431,842 Which Includes the Basic Bid. 10. Resolution No. 2007-32 -- Transferring $22,000 in the General Fund to Purchase Records Management Software for the Clerk Department. I I. Resolixtioxt No. 2007-33 -- Authorizing Approval of a Provisional Certificate of Public Convenience and Necessity for Kenai Landing, Inc. ("KLI") for Public Water Utility Service. ITEM F: MINUTES *Regular Meeting of May 16, 2007. IfiEM Cx: UNFINISHED BUSIIdESS Notice of Reconsideration (Swarner~ (Clerk's Note: Motion to Reconsider must be made, seconded and passed prior to offering of a motion to adopt Ordinance No. 2230-2007.) Ordxnanee No. 2230-2007 -- Amending KMC 21.10.090(dj(I) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years. ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 72 3. *Ordinance No. 223?-2004 -- Amending KMC 23.50.010{b) by Creating the Jab Class/Title of "Administrative Assistant IV" (Class Code 2i7) and Placing It at Range 14. *Ordinance No. 2238-2007 -- Amending Title i 1 of the Kenai Municipal Code by Eliminating the City of Kenai Harbor Commission, Reassigning its Duties to other Entities Within the City of Kenai and Updating Regulation of the Harbor Area. Approval -- Vacation of the South 33-foot Right-of-Way Easement Adjacent to Govermnent Lot 94, Reserving a 15-foot Utility Easement. Original Patent No. 053348, Recorded in Book 31, Page 236, Kenai Recording District Within Section 34, Tournship 6 North, Range 1I West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2007-.107; Location: City of Kenai; Petitioners, John Fiv Sharon Williams of Kenai, Alaska. Discussion -- Salary Adjustments/Cityy Clerk and City Attorney Discussion -- Historical Cabins/Move from Fort Kenay Site to City of Kenai Property (Adjacent to the Kenai Historical Society and Kenai Art Guild Buildings). 8. Discussion -- City of Kenai Community Opinion Poll ITEM I; COMMISSION/COMMITTEE REPORTS I. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Cornnvssion 5. Parks & Recreation Commission 6. Planning F?t Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Joint Kenai River Working Group d. Mini-Grant Steering Committee ITEM S; REPORT OF THE MAYOR ITEM Y: City Manager Attorney City Clerk ITEM L: DISCI7SSION 1. Citizens {five minutes) 73 Council ` ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines, /1/ 17/07, Tabled, no time certain.) Ordinance No. 2220.2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned Generat Commercial, Central Commercial, Light Industrial and Suburban. Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loog, North Willow Street and Airport Way. (4/4/2007, Tabled, no time certain.) EXECUTIVE SESSION -- Annual Evaluations of City Manager, City Clerk an:d City Attorney. ITEM M: ADJOURNMENT T4 KENAI CITY COUNCIL -REGULAR MEETINCv JUNE 6, 2007 7:00 P.M. KENAI CITY COUNCIL CIiPiMI~ERS htto: I /www.ci.kenai.ak.us ITEM A: CALL TO ORIeER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A- I. PLEDCaE O&` ALLE~irI?~NCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL A quorum was present. A-3. ACzENDA APPROVAL MOTION: Council Member Moore MOVED to approve the agenda and. Council Member Molloy SECONDED the motion, Mayor Porter noted amendments to be made to the agenda. MOTION TO AMEND: Council Member Eldridge MOVED to amend the agenda as follows; -- moving Item H-7 to be heard prior to the public hearings. -- adding to Item E-3a, memorandum from Finance Director Semmens outlining changes in the budget. -- removing Item E-4, Ordinance Na. 2239-2007(b) and (c) -- removing ltem E-9, Resolution No. 20007-31 -- adding letter of J. Caldwell/Arctic Barnabas Ministries to Item G-1, Notice of Reconsideration of Ordinance No. 2230-2007. -- adding applications of Bob Peters and Phillip Morin as Information Ttems 8 and 9. Council Member Moore SECONDED the motion. 75 The City Clerk took rail. Present were: KENAF CITY COUNCIL MEETING JUNE 6, 2007 PAGE 2 VOTE ON AMENDMENT: MOTION PASSED UNAIiSIMOUSLY. A-4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve th,e consent agenda as presented and Council Member Molloy SECONDED the motion. VOTE: Eldrid e I Yes I Ross ~ Yes I Molloy I Yes Bo le Yes Porter Yes ~ Moore Yes ~ I Swarner Yes ~ MOTION PASSED UNANIMOUSLY. ITEM B: SGIIEDULED PUBLIC GOMMENTS -- None. YTEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM H: (Clerk's Note: Item H-7 was moved to be heard prior to the public hearings.) 76 MOTION PASSED UNANIMOUSLY. VOTE ON MAID AMENDED MOTION: KENAI CITY COUNCIL MEETING JL7NE 6, 2007 PAGE 3 H-7. Discussion -- Historical Cabins/Move from Fort Kenay Site to City of Kenai Property (Adjacent to the Kenai Historical Society and Kenai Art Guild Buildings). George Ford, President, Kenai Iiistaricai Society -- Reported approval had been received from the Russian Orthodox Church to transfer ownership of the historic cabins currently located at Fort Kenay back to the City. Ford discussed the possibility of recruitment of volunteers and monetary donations to put toward moving of the buildings (including $3,000 from the Society] to where the old City Hall, Art Guild, and old Library are situated. A lengthy discussion took place during which comments included: • The committee would be open to discussing with Church representatives the possibility of leaving the buildings at the current site where fencing was already in place to prevent vandalism and would cut costs considerably. • Request council be kept informed of costs involved in the proposed moving of the cabins. • Support for moving the cabins. • Request for council's confirmation of the city's desire to accept ownership. M~aTae~N: Council Member Ross MOVED the city accept ownership and help the committee to work out a plan on what to do with those cabins. Council Member Eldridge SECONDED the motion. Discussion continued with comments including: • If the city accepts ownership, would it also accept future maintenance, surround the buildings with a fence which would increase costs. • Grant funding for renovation of the cabins may be available. • Awalk-around of the buildings indicated some amount of reconstruction would be required for at least two of the buildings, and moving the buildings, new foundation construction, fencing, gate, etc. was estimated at approximately $100,000 (without grant funding). • The buildings were not on the National Register. • The Society could produce a better estimate of costs within 60 days. MOTION 1`O AMEND: Council Member Moore MOVED to amend the motion to state the city will accept ownership of the property subject to the Historical Society obtaining cost estimates for the move. Council Member Eldridge SECONDED the motion. 77 KENAI CITY COUNCIL MEETING .TUNE 6, 2007 PAGE 4 Ross objected to the motion because the original motion was based on the Society review atl options, which included not moving the cabins. MOTION TO POSTPONE: Council. Member Ross MOVED to postpone any action on this item until the committee has met and come up with a plan as well as cast estimates as to where the buildings are going to be located. Council. Member Moore SECONDED the motion. VOTE TO P05TPONE: Eldrid e ~ No Ross Yes Molloy Yes Boyle j No ~ Porter Ye~ ~ Moore Yes Swarner Yes ~ ~ MOTION PASSED. ITEM E: PUBLIC HEARINCrS (Testimony limited to 3 minutes per speaker.) E-I. Ordinance No. 2234-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Donations to the Disc Golf Course. MOTION: Council Member Molloy MOVED to adopt Ordinance No. 2234-2007 and Council 1vlember Swarner SECONDED the motion. There were no public comments. It was noted, with the additional donations, there would be 18 holes available and additional sponsorships/donations were expected. VOTE: MOTION PASSED UNANIMOUSLY. E-2. Ordinance Na. 2235-2007 -- Increasing Estimated Revenues and Appropriations by $3,000 in the General Fund for Police Canine Purchase and Training. T8 I{ENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 5 MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2235-2007 and Council Member Bovle SECONDED the motion. There were no public or council comments. VOTE: El'drid e ~ Yes Ross Yes Mono Yes i Boyle ~ Yes Porter Yes I Moore Yes 8warner Yes MO'T`ION Iefl.SSED UNANTMOETSL'Y. E-3. Ordinance No. 2236-2004 -- Adopting the Annual Budget far the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008. E-3a. Substitute Ordinance No. 2236-2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008. MOTION: Council Member Ross MOVED adoption of Ordinance No. 2236-2007, the substitute and Council Member Eldridge SECONDED the motion. Leslie Krusen, 1506 Toyon Way, Kenai -- Spoke in support of broadcasting council meetings through live Internet streaming as it would reach a larger audience. Janie Odgers, Kenai Chamber of Commerce -- As a member of the KEDS Quality of Life/Old Town Committee, requested new signs be attached to the wooden signs placed in front of historic buildings along the walking tour of Old Town. Noted. preliminazy cost information would be $1,575 and requested funding be included in the budget for the purchase, including three new signs for buildings outside of the historic district. A brief discussion followed regarding the suggested new signs. Council Member Boyle stated he supported refurbishment of the old signs. Larry Semmens, Finance Director -- Reviewed information distributed to council at the beginning of the meeting indicating changes made during budget work sessions. He also discussed Airport Fund balances, how to increase the Airport Permanent Fund, land values, etc. 79 KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 6 Council Member Eldridge suggested including $5,000 additional funding into the budget for purchase of additional banners to place on all the light poles along Willow Street, Main Street Loop, and Airport Way. MOTION TO AMEND: Councit Member Eldridge MOVED to amend Ordinance No. 2236-2007 by adding $5,000 to the Parks & Recreation budget for the purpose of getting banners appropriately placed along streets in downtown Kenai. Council Member Moore SECONDED the motion. Objections were stated related to amending the budget because the budget was reviewed and changes made during the budget work sessions.. Appropriation of funds could be made by ordinance for items suggested (media; banners, etc.) and considered. WITHDRAWAL OF MOTION TO AMEND: Council. Member Eldridge withdrew his motion with the consent of the second. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2236-2007 by adding $10,000 in Legislative Miscellaneous far the broadcasting council meetings. Council Member Boyle SECONDED the motion. Molloy noted, he wanted to include the funding in the budget as a commitment for broadcasting meetings c~~hether by cable, audio streaming, etc. Ross stated his objection to the motion as funding could be appropriated from fund balance when more definite information was offered as a specific plan. MOTION FAILED. VOTE ON MAIN MOTION: Eldrid e Yes Ross Yes ~ Molloy Yes ~ 80 VOTE ON AMENDMENfi: KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 7 Swarner Yes MOTION pASSEm UNANIMOUSLSI. E-4. Orduaance Na. 2239-2007 -- Increasing Estimated Revenues and Appropriations in the Water and Sewer Fund and the Wildwood Water Main Capital Project Fund to Provide Adequate Funding for the Project. (Clerk's Note: Initially, administration requested the ordinance be introduced, receive a second reading, and adoption at the same meeting:l E-4a. MOTION FOR INTRODUCTION Council Member Swarner MOVED to introduce Ordinance No. 2239-2007 and Council Member Molloy SECONDED the motion. There were no,public comments. City Manager Koch explained the need for the ordinance; the Corps had informed the city of the design would have the line placed through passible coritaminated sail on the Wildwood Facility property; he requested a statement from the Department of Corrections the city would not be held liable for contractor delays, etc. due to the design and soil issues in writing; and, scope and cost of the projeci may change if the State amended its design. Koch also explained, the project would be in the best interest of the city as it would bring water up Fifth Street in the Mommen Subdivision and to the 77-acre Mommsen parcel to be developed by Frontier Services, etc. E-4b. Motion for Second Readsng (Requires a Unanimous Vote] Removed fiom agenda. E-4c. Motion far Adopifan Removed from agenda. MOTION PASSED UNANYM®USLY. si COTE ON aNTRODVCTION: KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 8 E-5. Resolution No. 2007-27 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2007-27, Council Member Swarner SECONDED the motion and requested iJNAN%MOf7S CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-6. Resolution No. 2007-28 -- Transferring $20,250 in the Street Department to Purchase a Used Dump Truck. MOTION: Council Member Eldridge MOVED forapproval of Resolution No. 2007-28 anal requested UNf4NIMOYTS CONSENT. Council Member Moore SECOND>;;D the motion. There were no public comments. It was noted, the old truck would either be kept €or parts or go to auction. VOTE: There were no objections. SO £FRDERED. E-7. Resolution No. 2007-23 -- Transferring X8,762.16 in the PRISM Fund for Salaries. MOTION: Council Member Moore MOVED for approval of Resolution No. 2007-29 and Council Member Eldridge SECONDED the motion. There were no public comments. It was explained the salaries had been paid, the resolution would place the funds in the appropriate account, and it was a housekeeping measure. VOTE: Eldridge 4 Yes I Ross ~ Yes Molloy r Yes 82 KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 9 Yes I Moore Yes MOTION PASSED UNANIMOUSLY. E-$. Resolution No. 200?-30 -- Awarding a Contract to Jackson Enterprises to Furnish and-Deliver Unleaded Fuel and Diesel Fuel No. 1 and No. 2. MOTION: Council Member Molloy MOVED for approval of Resolution No. 2007-30. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-3. Resolution No. 200?-31 -- Approving a Contract to D & L Construction Ca., Inc. for the Project Entitled Wildwood Water Main - 2007 for the Total Amount of $431,842 Which Includes the Basic Bid. Removed from agenda E•10. Resolution No. 2007-32 -- Transferring $22,000 in the General Fund to Purchase Records Management Software for the Clerk Department. MOTION: Council Member Molloy MOVED far approval of Resolution' No. 2007-33. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-11. Resolution No. 2007-33 -- Authorizing Approval. of a Provisional Certificate of Public Convenience and Necessity for Kenai Landing, Inc. ("KLI") far Public Water Utility Service. MOTION: S3 KENAI CITY COUNCIL MEETING -JUNE 6, 2007 PAGE 10 Council Member Swarner MOVED for approval of Resolution No. 2007-33 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Jon Faulkner, 2ilBl Bowpiclrer Lane/4621 Bastille Road, Homer -- Stated his support of the agreement, however requested reassurance that if the city reacquired the utility in the future, the city would purchase the underground infrastructure. City Manager Koch noted the agreement indicated the cost of putting the pipes into the ground, absent the well site, would come to tine city at no cost and the city would have the option to purchase the well and pump facility at appraised value which was developed by the Kenai Landsng, Inc. Upon further review Faulkner noted, the "be it further resolved" paragraph of the resolution answered his questions. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-2. Regular Meeting of May' 16, 2807 -- Approved by consent agenda. ITEM G: UNFINYSHED BUSINESS G-I. Notice of Reponsideration {Swarnerj (Clerk's Note: Motion to Reconsider must be made, seconded and passed prior to offering of a motion to adopt Ordinance No. 2230-2007.) MOTION: Council Member Swarner MOVED for reconsideration of Ordinance No. 2230-2047 and Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED. 84 KENAI CITY COUNCIL MEETING JUNE 6, 2067 PAGE 11 CYrdinanee No, 2234-244'7 -- Amending KMC 2 L 10.090(dj(1) and (2} by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease including Any Extension From 35 to 55 Years. Jason Carroll, First National Eank -- Stated his support of Ordinance No. 2230-2007 noting a 35-year lease was a huge disincentive for developing the airport. Eric Mayer, 33125 Befaue, Saldotna, AK -- Noted he was representing Arctic Barnabas Ministries and stated his support of Ordinance No. 2230-2007 and. a 55- year lease. Council. discussion followed, with comments including: • Value of investment of the leaseholder and. not recognized is a detriment to the developers. • The KEDS recommended the 55-year lease; Administration review recommended 55 year leases; it is in the best interest of the city; and, council should listen to those who deal with the issue on a d.ay-to-day basis. • Lease terms should be similar to other airports in the state to keep business in Kenai. • The Airport Commission recommendation was to stay with the 35-year lease with a contractual right to negotiate up front in order to balance what is currently needed and.what would be needed in the future. • ASS-year lease would have value to the lessee to transfer. • Because there were no businesses, bankers, etc. who gave testimony at the Airport Commission during its review of the draft ordinance, suggestion was made to have the Commission discuss the issue again with comments from businesses, etc. and include in its packet, the memorandum from City Manager Koch which was included in the council packet. • Concern a lessee could tie up land and not develop it. MOTION TO P06TP~NE: Council Member Swarner MOVELI to postpone action. on Ordinance No. 2230-2007 until July 18, 2007 and Council Member Molloy BECONDEI} the motion. It was noted, the postponement of action would allow the issue to be returned to the Airport Commission for further review, including input from business people,. etc. $7QTE: 85 IiENAI CITY COUNCIL MEETING JUNE 6, 2607 PAGE 12 MOTION PASSED. BREAK TAI£EN: BACK TO ORDER: ITEM Ii: 9:14 P.M. x:25 P.M. NEW BUSINESS H-1. Balls to be Ratified MOTION: Council Member Molloy MOVED to ratify the bills. Council Member Moore SECONDED the. motion and requested Ys"NANYMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceediaxg $15,000 MOTION: Council Member Swarner MOVED for approval of the purchase orders exceeding ~ 15,000 and requested UNANYMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 228?-2007 -- Amending KMC 23.50.010{b) by Creating the Job ClassfTitle of "Administrative Assistant IV" {Class Code 217j and Placing It at Range 14. Introduced by approval of consent agenda. EI-4. Ordinance Na. 2238-2007 -- Amending Title I 1 of the Kenai Municipal Code by Eliminating the City of Kenai Harbor Commission, Reassigning its -uties to other Enfities Within the City of Kenai and Updating Regulation of the Harbor Area. Introduced by approval of consent agenda. 86 KENAI CITY COUNCIL MEETINCs JUNE 6, 2007 PAGE I3 H-S. Apprana4 -- Vacation of the South 33-foot Right-of--Way Easement Adjacent to Government Lot 94, Reserving a 15-foot Utility Easement. Original Patent No. 053348, Recorded in Book 31, Page 236, Kenai. Recording District Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2007- 7.07; Location: City of Kenai; Petitioners, John &, Sharon Williams of Kenai, Alaska. MQTION: Council Member Molloy MOVED for approval. of the described request for vacation and Council Member Eldridge SECONDED the motion. VQ]TE: MOTION PASSED UNANIMOUSLY. H-6. Discussion -- Salary Adjustments/City Clerk and City Attorney Moore requested a line item be added to the Finance Director's memorandum included in the packet, to include a two percent cost of living increase to the city manager's salary. MOTION: Council Member Moore ME3VED to approve the two percent cost of living allowance increases as indicated on the list included in the packet, with the addition of the city manager to the list, indicating current salary as $98,440, with 2% COLA increase of $1,169.00 and malting the new budgeted salary $100,409. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no abjections. SO OI~.DERED. H-7. Discussion -- Historical Cabins/Move from Fort Kenay Site to City of Kenai Property (Adjacent to the Kenai Historical Society and Kenai Art Guild Buildings). - Discussed prior to public hearings. 87 KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 14 H-~. Discussion -- City of Kenai Community Opinion Poll Koch noted the inclusion of the poll results in the council packet and asked. if council wanted administration to move forward with two propositions to be included on the October ballot, i.e. one $2 million bond proposition for bluff erosion and one $2 million bond proposition for the proposed library expansion. It was noted a proposal for bond counsel was being prepared, funds would need to be appropriated for bond counsel costs, bond resolutions (inciuding proposition language] would need council approval, and the warding for the propositions would need to be forwarded to the Borough Clerk by August 16, 2007. Council consensus was to move forward with the bond proposition preparations. ITEM I: CCiMMI35YCN/C6IVIMITTEE REPCIRTS I-1. Council on Aging -- Council Member Boyle reported the June 7.4; 2067 meeting was cancelled. I-2. Airport Commission -- Council Member Molloy reported the next meeting would be held on June 14, 2007. I-3. Harbor Commission -- Council Member Boyle reported the May and June meetings were cancelled. Mayor Porter requested the current Commission members be contacted to learn whether they would be interested u7 continuing #heir membership on the Commission and any new appointments would be held until commitments were received from the current members. I-4. Library Commission -- Council Member Swarner reviewed discussions and actions taken at the June 5, 2007 Commission meeting, noting the July commission meeting would be cancelled. It was also noted, the commission passed a motion. recommending council placing a ~2 million bond proposition on the October ballot related to the proposed library expansion. I-S. Parks & Recreation Commission -- Council Member Moore reported the next meeting would. be held on July S. I-6. Planning & Zoning Commission -- Council Member Ross reviewed the minutes of the May 23, 2007 Commission meeting which were included in the packet. I-7. Miseellaaeous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarrxer reported. the next meeting would be held July I0. 88 KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 15 I-?is. Aflaska Muniafipafl League Report -- Council Member Swarner aeported she would be attending the Summer Legislative Cormittee meeting in Healy August 8-11. I-7e. Saint Kenai River Working Group -- Council Member Moore reported the new regulations had been published and a meeting would be scheduled for the Working Group to discuss them. I-7d. Mini-Grant Steering Committee -- Mayor Porter reviewed the meeting summary of the Committee's May meeting which were included in the packet. ITEM 3: REPORT OF THE MAYOR -- No report ITEM K: ADMINISTRATION REPORTS K-1. City Maxaager -- City Manager Koch reported the following: • He met with representatives of Wa1-Mart and government agencies, reviewing the site plan and discussing modifications required. + Suggestion council discuss the proposed Department of Natural. Resources (DNR) regulations related to the Kenai River; with council direction, administration would prepare an ordinance mirroring the DNR regulations for below the bridge. • He will be preparing a request for proposal for project design services for reconstrucfion of Marathon Road and Wildwood Drive in the newt several weeks (legislative funding will be provided for the projects). • Updated council on progress of paving projects. + Will direct the library to close on Sundays through Labor Day. A brief discussion took place related to a city booth at the Global Food conference being held in the area. K-2. Attorney -- City Attorney Graves reported he would. be attending the next Airport Commission meeting to discuss two draft ordinances related to the Airport Commission. Graves noted the 35J55-year lease issue may be placed on the July meeting agenda instead of the June meeting. Council had no objections, In response to a question related to the DNR regulafions and if the Board of Fisheries would not address hydrocarbons in the Kenai River below the bridge by means and methods, would the city be ready to implement same rules and regulations of its own, Graves stated he would prepare a report on the best way to implement. city rules and regulations. 89 KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 16 Other comments included: • Wouid the council want to allow only two-cycle engines in Juiy on certain days in order to reduce pollution (some dip net participants may be using larger engines}. • Wait for the working group commentsJrecommendations and push the means and methods before Fish &, Game which would take care of the major amount of pollution without getting into uses going into open water versus up the river. • Suggestion the make-up of the Airport Commission be reviewed due to the ordinances being brought forward giving more authority to the members, i.e. other than aviation oriented. Graves stated he would prepare a memorandum related to current commission member requirements and other ideas. • Finance Director Semmens noted the memorandum included in the packet identifying the check signers and other bank information. II-3. City Clesk -- No report. ITEM L: I?ISCiTS~ICN L-I. Citizens (five mixautes) Bob Peters, Old. Town -- Commented on Commission members volunteering to shelve books and suggested the return of the one-half time employee at the library be investigated. L-2. Council Moore -- Stated he would buy fuel at the city dock during the summer. 5warner -- Noted Hunger Awareness Day was acknowledged at the Kenai Chamber Iunch and the Borough Assembly meeting; congratulated Council Member Ross an the birth of a new granddaughter; and, asked if and of the properties noted available for sale could be potential water well sites. Koch stated he would report back on the question. Eldridge -- Stated he was looking forward. to his first executive session. Ross -- Stated he enjoyed the opinion poll and noted the large amount of comments identifying the need far retail shopping, economic development anal all the positive comments related to the Wa1-Mart development. .Molloy -- Thanked Koch and Semmens on the budget preparation, etc. Boyle -- No comments. 90 KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 17 ITEM 114: PENDING LEGISLATION (This item, lists legislation which will be addressed at a later date as noted,) Ordaxaanee No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinaxaee No. 2220-2007 -- Amending the Official Kenai 7,oning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned General. Commercial, Central Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. (4/4/2007, Tabled, no time certain.) Attorney. MOTION: -- Annual Evaluations of City Manager, City Clerk and City Council Member Moore MOVED to convene into an executive session of the council of the City of Kenai concerning matters that tend to prejudice the reputation or character of another. The purpose of the executive session would be to hold the annual evaluations of the city manager, city attorney and city clerk. Council Member Ross SECONDED the motion. VOTE: There were no objections. SO ORDERED. SREAK FOR EXECUTIVE SESSION: 10:15 P.M. SACK TO ORDER: 10:32 Ross reported the council met to set up a process for evaluation of the city manager, city clerk and city attorney. The council determined they would Iike all (manager, clerk and attorney) of them to submit to the council some written goats for the next evaluation period. The city manager had essentially done that but would like him to re~riew them and could make modificafions if he would like. The evaluation of the city manager would be held at the June 20 council meeting; the city clerlt at the July 3 council meeting; and the city attorney at the July 18 council meeting. 91 KENAI CITY COUNCIL MEETING JUNE 6, 2007 PAGE 18 Ross added, the process council intended to fol3ow would be the council meeting and discussing briefly the evaluation and goals, call the individual to be evaluated in, hold a mutual interview of the parties, and following the interview, a written evaluation would be prepared and presented by the mayor and vice mayor to each of the individuals. ITEM M: fiDJC3T3RNMENT There being no further business before the Council, the meeting adjourned at approximately 10:35 p.m. Minutes submitted by: Carol L. Frees, City Clerk 92 0 M d tip Z ~ ~ ~ Q 4 v- N 2 ~ a ~ ~ ~ CY c( ~ ~ h Z Itf EL' Q Q ~. d' 0 a u ~ o ~ a ~ U ~ ~ ffi ~ _ ~ U = N ~~ R W a ~ C ~ 0 c? 47 Q e~ C7 ~ Z H U d W ~ ~ ~ ~ Z ~ .: t6S iJ _ LY . p. ~ ~ a U ? T O 4 0 d to m O N e= a uVi w O C9 W S q~ Q:_. D ~3 ° ° d ° o d ° ~ o, o o a o o 0 0 ° o o ° O „. '245 o d M d M O N a!'! (00 Rt ~ 6 f~D o O [V r ~ w lli W ~ ~ Z W U W U j ~ ~ ~ ~ 0.06' N N 0 0 0 ~ ~ a a C wf1, G ~ Q ~ V Un. D N Z ~ ~ r Z W ~K r w 0. U O f!? 7 ~a !il U W fY 4 W W '.~ U 2 U w z ~ Q ~ ~ ~ ^ k r rwn w o ~ ~ w .~ ~ Z ~ w w n ~ D w ~ Z ~ uwi w o W ? W ~ Q ~ O c -, fn U ~ N } h ~ w cn W ~ W ~ W a W u W `r.+ W a U = y T h O ~ O N ~ r h1 ',. ~ .....` e$ ~ 6L ~ ui W ~ ~ Ct O 4 s ~ a ~' w z ~ G: ~ F= w ~ ~? O t3 a S w > m ~ u0.i Z W O Vi U Qr Wi ~ W Z W O to U ~ w W d O Q D O g ¢ ~ ~ ~ ~ U' ~ ~ U ~ ~ ~ ~ N w "L a ~ N ~ ~ Z } U w ~' ~ U ~ CJ Ll O ~~ r N i M ~ 1 pJ] i 2 a u: O t ~a a F, > ~ i~ U s ~ 5 Q . U O 0 °o O O N d CS W aM W 2 s a U W O W U LL W U Q W o °o, ~ rn O N ~ 15. 6. ei f~ h N cg d r r o °o 0 °y i° O a ci n: y- V1 !~. ~ ~ O w d ~ J ~ Q W ~ r ~ 1~ W Z Z Z ~_ a ~ ~ ~ O O U v a ~ O U U N fl w Q ~ S w w ~ z W v ~~ =: - - ~~ CITY C}F I~EAI '°Vdlage with apart -City with a future. " $AC~GRQUND A1~ID PERSaNAL DATA . CANDII3ATES FoR APPOINTMENT COMMYTTEES AND COMMISSIONS RETURN TO: KENAI CITY CLERK 2I0 FIDALGO AVENUE KENAI, AK 99611 DATE: f ~~ ~' ~ ~t NAME: PHONE: 283-?535, E%T. 231 FAX: 283-5068 Resfdent off the City of Kenai? Residence Address ~~~~ How long? ~C ~' U~: L Mailiag Address 1 "" ~ rlt h` Home Telephone No. ~' ~x ~~~~~ ~~J~ Hame Fax No. Business Telephone No ~~'x= Business Fax No. Email Address: May we include your contacj info,,~~?m?~anon on our web page? ALL ^ If not ali, what information may we include? 9Ir"'~ i (Vl{DNt Y~- EMPLOYER: ~ L G- ~ Jab Title NAME OF SPOUSE: ~ ~~ l ~' ~ ~~ ~-r"~' Carrent membership iya organizations: Past organizational. memberships: COMMPfTEES OR COMMISSIONS IIS WHICH YOU ARE INTERESTED: ~'~`~ ~~~~ WHY DO YOII WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMETTEE? 5("CTd~tJ > ~ = ~ ~ WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSITYP? ~ bG~t I ~ F'~ 1~ ~ ~,l ~ f`~?~-- ~~ f ~~~ Signature ~i 96 '~ %~ <-~,,: ~- "O CITY OF KEAI "VfFhage with a pasf -City with u futttre. °' SACRGROIIIoID AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND RETURN To: $EItTAI CITY CLERK 210 FIDALGO AVENUE KENAY, AK 99611 DATE: f o ~ ~'~i t NAME: PHONE: 283-7535, EXT. 231 FAX: 283-5068 Resident of the City of Keaai? fi ~=-~ Ham Iang? ~d~ s„!~t`x Residence Address J~~'!9 ,~f7a~/'r`fN/" MaiiiagAddress ~!~-"/~/,C ~~ ,~iY?~ta~ Home Telephone No. ~~3'' ~jo/1~ Home Fax No. °" Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL ^ If not. all, what information may we include? 'EMPLOYER: JCd~4> `f~'~i/r'floS1/1C/ ,~"d`y~JD~ ~/~fi'lr~ 1obTitte NAME of aPOUSE: <'~~'e~/~z~f~~ Carrent membership in orgaaizatioas: `~ Past orgaaizatioaal memberships: f1/~c'~ COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ~~~f~%y`~%~/~G/~u~ WHY DO YOU-WANT fi0 SE INVOLVED H TiKdS COMMISSION OR COMMITTEE? ~, Q WHAT BACKGROUND, E$PERIENCE, OR CREDENTIALS DO YOU POSSESS COMMISSION OR COMMITTEE MEMBERSHII'J? , E BRING TO THE BOARD, FnENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JUNE 6, B04D7 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER 8c ROLL BALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 1, 2007 ITEM 4: PERSONS SCHEDULED TO SE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Goals 8v Objecti~~es ITEM 6: NEW BUSYNESS a. Discussion/Recommendation -- Sunday Hours b. Discussion -- City of Kenai Opinion Poli Preliminary Results c. Discussion/Recommendation -- July 3, 200.7 Library Commission Meeting. ITEM 7: REPORTS a. Director b. Friends of the Library o, City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCI~EDULED 'I°O BE HEARD ITEM 10: INFORMATION a. Kenai City Council. Action Agendas of May 2 and 16, 2007. b: Magazine articles related to libraries. c. Updated Kenai City Council Policy far Commission, Com.mzltee, Board and Counczt an Aginq it~eetings and Work Sessions. ITEM I1: ADJOURNMENT 98 YENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JUNE 5, 2007 7:00 P.M. CHAIR SOB PETERS, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the s confirmed as follows: Commissioners present, Commissioner absent: Others present: A quorum was present Heeling to order at approximately 7:04 p.m. Roll was E. DeForest, B. Peters, C. Cook, R. Gilman., K. Heus (arrived at 7:26) E. Sz-s'son and C. Brenclde Library Du-ector M. Joiner ITEM 2: AGENDA APPROVAL MOTION: Commissioner Cook MOVED to approve the agenda as presented and Commissioner Gilmar. SECONDED the motion. -There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- May 1, 2007 MOTION: Commissioner Cook MOVED to approve the meeting summarq of May 1, 2007 and Commissioner DeForest SECONDED the motion. There were no objecfions. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO SE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Diseussion -- Goals &, Objectives The draft. goals and objectives update prepared by Director Joiner were reviewed and some adjustments were made, including listing accomplishments. Joiner will prepare an updated document for consideration of the Commission at the next meeting. ITEM 6: NEW BUSINESS 6-a. Discussion/Recomnaenclatioa -- Sunday Hours 99 Discussian took place related to Sunday closure of the Library, including statistics of other libraries closed on .Sundays both in Alaska and aut of state. Three members stated their support of Sunday closings for the summer and two objected. Joiner will review the Commission's discussion with. the City Manager. 5-b. Discnsszon -- City of Kenai Opinion Poll Preliminary Results Joiner provided a copy of City Manager Koch's memorandum to council accompanying a copy of the public opinion poll and suggesting two bond propositions appear on the October ballot related to the bluff erosion project and. the proposed library expansion. The Commissioner discussed the poll. MDTIQN: Commissioner DeForest MOVED to recommend the council place the bond issue before the voters this October as presented in the May opinion poll. Commissioner Heus SEC®NDED the motion. VOTE: M(STIf1N PASSED UNANIMOUSLY. 6-c. DiscussianjRecommenflation -- July 3, 20D7 Library Commission Meeting. Joiner referred to the information included in the packet which noted the farst City Council meeting of the month, normally held on Wednesday, would s"all on July 4, a city holiday. Council changed the meeting date to Tuesday, July 3, the regular meeting date of the Library Commission. The Commission was asked whether it preferred to cancel. its meeting or hold itin the Cierk's conference room. M®TION: Commissioner Heus M017ED to request the July Commission meeting be cancelled and Commissioner Cook SECONDED the motion. fihere were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Director -- Joiner presented her report and summarized the articles included in the packet. 7-h. Co~missson Chair -- No report. LIBRARY COMMISSION MEETING JUNE 5, 2007 PAGE 2 100 7-a. Friends of tlxe Library -- Commissioner Heus reported on activities of the Friends, including vacancies, book sale, grants, goals &, objectives, and a change of name to Friends of the Kenai Community Li"orary. 7-d. City Council Liaison -- No report. ITEM 8: COMMISSION COMMENTS{QUESTIONS Gilman, Cook and Heus reported they would make an effort to do additional volunteer work at the library. Peters stated he was looking forward to the Library's representation at the Fourth of July parade. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD Tom Walker -- Commented on the public opiriian poll. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of May 2 and 16, 2007. 10-b. Magazine articles related to libraries. 10-c. Updated Kenai City Council Policy. far Commission, Committee, Board and Council on Aging Meetings and. Work .Sessions. ITEM 11: ADJOURNMENT MOTION: Commissioner Heus MOVED to adjourn and Commissioner Gilman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:45 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING JUNE S, 2007 PAGE 3 101 ~,;~,~• ~~¢ _ ftie~ci~ o f KENq~ SKA "~ri~la~r e cr~it~i a ~'a~t City urit~ a F~tr~~e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 .,~,~.raa Telephone: 907-283-75351 FAX: 907-283-3014 t~~~ll 1992 MEMO: TO: City Council f FROM: Rick Kach 4 t7ATE: June 13, 2007 SUBJECT: Compasitian of Airport Commission During the last Council. meeting there was discussion regarding the above referenced subject, The purpose of this correspondence is to discuss my thoughts regarding the specific representation drat may be considered by you, for a re-constituted airport advisory commission. One Member -Professional in the field of monetary investment and/or banking. One Member -General Aviation aircraft owner with aircraft based at Kenai Municipal Airport. One Member -Leaseholder in the Terminal Facility. One Member-Professional in the field of real estate. One Member -individual with expertise in Federal Aviation Administration functions: One Member -Individual with expertise in the field of commercial development. One Member - At lazge. I also thought about a representative from the KEDS group being err assigned seat on the airport advisory commission, but then decided if the Mayor/Council wishes to consider a KEDS representative it could be accomplished with the at-large seat. lOB In .Iuneau, the Airport Board. is made up o,f seven members. They are appointed for tiu-ee year Perms. The composition is "to the extent possible' made of persons having aeronautical, engineering, financial or other skills related to airport issues. Please leE me know if you have any questions or need any more information. CBS 05.05.010 103 CI ICEN I FINANCE DEPARTMENT 210 Fidaigo Ave., Suite 200 Kenai, Alaska 99611 907.283.7535 ext. 221 {voice) 947.283.3014. (fax) To: Rick Koch, City Manager 72e•C.. ~~;fr,., From; Lawrence A. Semmens, Finance --erector Date: June 13, 2007 Sub; Monthly Report The finance department has been working on several projects involving credit cards. The city now has an Alaska Airlines Visa card. This card has a $10,000 limit and the bill will be paid in full monthly. We are working with Wells Fargo to implement a purchasing card system for the City. Wells Fargo has a sophisticated system that provides controls on the use of the cards, These include transaction limits, daily limits, monthly limits, controls on vendor type, and the ability to review transactions online the day following the purchase. I expect purchasing. cards to reduce costs and improve effidency with purchasing. We are continuing to work with Official Payments Corporation to provide a means for water/sewer customers to pay their bill with a credit card. Official Payments Corporation accepts the customer's credit card and charges a $3.50 fee for each $400 transaction. Customers will be able to pay using the Internet or over the telephone. Credit cards will not be accepted at City Hall in the manner that most businesses accept credit cards. Customers will have to use the two methods provided by Official Payments Corporation. Enstar and several Alaska municipairties use Official Payments Corporation. We expect this program fio be popular with customers. If this works as we expect, we intend to expand the program to traffic ticket payments: We plan to have the program in place. by the end of July. 104 I~E1"~AI PL.ICE T3E;;P'2'T'1~T°T' 107 SOUTH WiI.LOW STREET KENAI, AK 94611 Telephone (907) 283-7879 Fax (907} 283-2267 MEMORANDUM To: Rick Koch, City Manager From: Lt. Kim ~Alannarnaker ``' Date: June 6, 2007 ., Re: May 2007 Dept Activity The Police Department handled 709 calls for service, and the Communications Department answered l lt? e9-1-1 calls. Officers made 84 arrests and wrote 302 reports.. Officers investigated 7 vehicle crashes (1 minor injury) involving 19 people, all of whom reported wearing seatbelts at the time of the crash. Traffic surveys by officers revealed. an 85% compliance in seatbeh use by local motorists, which is above the state and national average. Traffic en€orcement: 171 warnings, 129 speeding tickets, 56 seatbelt tickets, 45 "other" flckets. Department personnel training & public presentations: - Dispatcher Erica Shinn was hired and began training. - Dispatcher Beckman attended a 2-day Street Survival seminar in Anchorage. - Ofer Miller attended a 2-week S.E.R.T. training in Fairbanks. - Ofcr Turnage & K9 Chevron began a 10-week K9 school in Fairbanks. - Ofcr Langham attended a 3-day Child Victim Interview course in Anchorage. - Ofcr Langham 8r Ofer George presented 2 days of "Fatal Vision" instruction to local students. - Ofer Langham & Ofcr George conducted 2 days of Bike Rodeo e~ Safety at local schools. - Set. Sandahl attended a 2-day L.E.L. (Law Enforcement Liaison} meeting in Anchorage. - Several officers participated as officials/supervisors for a well attended youth 3-on-3 basketball tournament, for the monthly PAL (Police Athletic League) activity. - Lt. Wannamaker & Ofcr Turnage attended the Law Enforcement Memorial Serv=ice in Anchorage. - Several officers & dispatchers participated in various roles during 2 days of the "Alaska Shield/IVOrthern Edge '07" exercise thatinvalved local, state, borough, and federal agencies and private industry, in our Local area. 105 Code Enforcement C~ffieer Summary Report Period: May 2007, I New Cases ~~ Trash/Debris ~ 7 j Junk Vehicle i 1 Commercial Bldg. _Maintenanee 0 Abandoned ~ Vehielelpro ertv 6 Camping 0 I i Other: HTP - 25 j Woodlands - 10 i 3 ~ ' I , Total 43 Pending Cases 3d TrashlDebris ~ 12 ;funk Vehicle 15 Commercial Bldg. Maintenance 3 ', .Sbandoned VzhicleJ roperty 0 Other i 0 i Manitormg Only; for continued com Hance 0 I Total ~~ ;Closed Cases ~ 15 Trash/Dzbris ~ 7 ~ Junk Vehicle 5 Commercial Bldg. Maintznatrce 1 Abandoned Vehicle/property 2 I Other 0 I Total I l~ 1 Citations Written: 2- Junk Vehicles 1-Trash Debris Court Annearauces: Imnouuds: Notes: Significant increase in the number of forn7al complaints against HTP and Woodlands. mason Steen, K40 i~:.enai Code Enfoxceinent Off cer 106 1~.NIlVIAL CONTRf}L IlVTr~KE REPORT v1AY zaa7 INTAkE DISPOSITION STRAY: 86 ADOPTED: 50 Dogs 68 Dogs 32 Cats 15 Cats 1~ Other Animals 3 Other Animals: 3 RELEASED BY OWNER: 54 CLAIMED: 35 Dogs 27 Dogs 32 Cats 26 Cats 3 Other Animals 1 Other Animals 0 D.O.A.: 11 EUTHANIZED: 54 Dogs 3 Dogs 30 Cats 7 Cats 23 Other Animals 1 Other 1 WILDLIFE RELEASE $ORO ANIMALS 48 TOTAL DOGS 98 TOTAL CATS 48 TOTAL OTHER ANIMALS 5 °" Field Investigations ?~ Volnnteerhours 81.5 Total phone calls 806 107 Kenai Camrnunity Library Monthly FBepart Jnne 2007 May Circulation Adult Fiction 1911 Internet Access 1073 Adult Nan-Fiction 1278 Music 169 Periodicals 75 Puzzles 10 Juvenile Ficfi.on 590 Videos 745 Juvenile Non-Fiction 181 DVD's 1511 Easy Fiction 1207 Audio Books 133 Easy Non-Fiction 240 Miseellaueous 16 Interlibrary Loan 48 Computer Programs 26 Total Print 5,530 Total Non-Print 3,683 Internet Express Use 1,844 Summer reading has started with more than 199 children registered. The theme this year is Get A Clue @ Your Library. Children and parents meet in the library on Thursdays from I-2 pm to solve a mystery or two, read and generalay have a terrific time! Children's Librarian Corey Hall has accepted a position at City Hall effective June 2154' 2007. We will be advertising to fill her position as soon as possible. The library has re-established computer outreach workshops at the Kenai Senior Center. This is in addstion to monthly workshops offered at the library by Cindy Gibson. The focus of these workshops is to provide basic training in computer use, Internet searching and email proficiency. The Library has received a $7,000.00 Interlibrary Cooperation Grant from the Alaska State Library for improving service to Russian & Spanish speaking patrons and to replace, update and expand our current foreign language collection. 108 MEMORANDUM To: Rick Koch, City Manager From: Rachae[ S. Craig, Senior Center Directoa• Date: June 12, 2007 Subjoet: May Monthly Report Total number of days rented in May 200?; U We had 1,046 volunteer hours for May. Total Mcat Counf 1'or May 2007 Congregate March Meals: 1,271 Home Delivered Meals 2 180 Total 3,451 Total Meal Caunt far May 2006: Congregate Meals: 1,418 Home Delivered Meals: 1.683 Total 3,101 Many talented seniors participate in the annual senior talent show in Soldotna. Our seniors displayed paintings, a cowgirl shirt designed by one of our seniors, and our bell- ringers participated. We did not w'rn a prize this year bat a good time was had by aIL Maybe, we will do our own. talent show next year! 7 We had our annual garage and bake sale. We had many iteans to sell and it was a grand success! Mother's Day was celebrated with a luncheon and senior moms brought pictures of their children to display. We held an lnteniet computer class as well as an e-bay olass. Seniors enjoyed learning how to buy and sell an the E-Bay. One of the many ways our seniors give back to the community is their participation in "clean-up" day. Our seniors adopted the first mile of Bridge Access Raad. We provided donuts, the bags to collect garbage and the exercise was free. May was Older Americans Month. The following were activities focused an "Older Arnericans" month were: Hosted the AARP 5> Alive Driving Class two ovenings this month. On the 30th we held our senior. health and fitness day. This day provided the seniors the opportunity to visit booths that focused on exercise, various wellness boaths and nutrition options. Some of the activities were aerobics, line dancing, walking club, weight resistance training, TOPS weight loss group, blood pressure checks, seminars on prescription drugs and various interactions, and Yoga. We ended our month remembering our past veterans with our annual Memorial Day Remembrance which. included Lunch, a short speech, flag raising, gun salute, and taps. ao9 Municipal Airport Airport Manager's Monthly Report June 92, 2007 Runway Improvement Rroject: On Saturday, June 8 the runway was officially switched over to the parallel taxiway which is now referred to as fhe "temporary runway." Everyone involved on the construction team worked we{I together and there have been no complaints from pilots. The contractor is excavating the glide slope area and widening the runway shoulders, and the electricians are dismantling the NAVAIDS. The runway is scheduled to be reopened by September 1, 2007. The Gravel Runway is also open again for operations. The current estimate for the `JVater Runway at the float plane basin is now July 6; however rain, temperatures, and wind play a significant part in the wafer level and this date may change in either direction. The project includes lowering the water level October 15, 2007 and widening the water runway to provide a water width of 250 feet. 2047 Air Fair: The 7th Annual Kenai Peninsula Air Fair was head on Saturday May 19tH Fifty-six pilots and friends registered for the poker run. The weather was beautiful and it was a great day for flying. The Experimental Aircraft Association had a record turnout for the fund raising breakfast at the Soldotna Airport. Over 300 hundred people enjoyed the barbeque at the Kenai Airport along with great music provided by the USAF band Great{anders. Thank. ycu fo everyone that donated including Arbys, Conoco Phillips, Alyeska Tire, Alaska Airmen's Association, Alaska Flying Network, Ghallenger Center of Alaska, GCi, and to all the sponsors that donated prizes for the poker run. A special thank you to Mayor Pat Porter, Larry Porter, Joe Moore, Bob Molloy, Jim Zirui, Jack LaShot and Carol Freas, and all the military personnel that attended that day. Fish Haul Season: The Airport has issued two (2) fish haul permits to date. The first load of fish was scheduled to arrive on June 10th from the Bethel. Processors are again optimistic fior a good fishing season. 110 h N ~ .~ z W ~ ~ ~9 ~ ~ ~. 0 V W' ~ pq® Q I.id i Im ,$ L m w o n. n ' wo ° ~ E ~ n ~ O O M O U V ~ 7~ tt ~ r M M r 1 tt/ /~~ S C r y~ i CS 0] u~ co is `m m i d m G' I m d ~ ~ {- ~ ~ o o I ! o n 0 a o 'm N ~ N ~ n M I~ OJ N (O d' C' ~ A C N d Q O • I ~ c o U m N Z ~ ' W c= d O ~ J ~ O d ~ ^ R y q ' ~ Y N d 0] ~ ~ 2 ~ -~ ~ W :J U C1 r 6 j f u m o w ~ w m .c c 05 9a o ~ ~ L L L ° '' ~ L v C~ o y m~ 4 i d~ ` Z C 0 ~~ ~ U c U m m C S I C7 ° N c ,G } J J ` > > tfJ O ~ ^ U i D7 -o ~ ~ > Q > Q , m ~ ~ L '6 n n n d m o o n o ~ N _ m ~ ~ ~ m v d N .- N M N N 1 N N ' ' ~ qq~~ V q~`` ( 4 ~ f6 / ~~ V I C ' ~ a o c c o m o o E o o ~ ~ ` y ~a w rnE Ma ME c o. ;, n ~a o mE CI O N t0 O. ~- N ~ 0. M N M N V n. E O o_ O ~ i .II Q tmii a. d '~ N o ~ E n- /T/~~~~ E D. m Z Il') N Z Z N M N m V V m y p O O N q (p n n ~ ~ d' ~ O V' V' ~ O N ` d ~ in r U3 N m N _T °~ ~ N ~ ~ N _ C~ ~~ J i ~ C C ^ ' p N C ~ Z cK" U ~ d ~ ~ (n O. 41 ~ O N ~ i R m¢ aEi ~ m ^ m ~ c KF ~ m m o E ~ o E E 3~ ~ ~' ° ^ i m aim ~y u. m u.6 ~2 Joao ~ 3 ~O d- a m ~~ o E o 'o c c p 'a U or '~ o d __.-___ ~ti Q ___ QQ i ~ ti ; __. (wit ~ L. YU _. Nam' d ~N 111 N U .~ Z ~ d ®~W ~, d j ~, ~ v ~ I a. m E ~ a o. E 5 ~ '; U fll U i U i ~ a , { m o j ~ r ~ o rn (!1 o ~ N ~- V 1 I j j d I 0 Y ~ '~ i i ~a U ~ d ' .~ ~ m i ~ t6 Y w N 3 ~~ m Q 6U m i u ~ i ~ i c ,~ ( i i '~ ~ ~ I Q ~- C O .~ ~ rna Y K W O ~ ' 1 ~ j ~ d ~ e 4 Ih N a~ ~ ~ m i @J ~ j ~ ~ c m a E ~ j a O - O E . 1 m^ . . m N M ^. r N ~ i { ~ B 1 1 Q Q ~ j am 'z z 4 o ~ ~ ~ m o C N ~ ~ N 1 I d ~ m s ~ I L 3 c °~ I I C =O J ( { II f6~ N ~~ i ~ I CL1 p~ ~ ~ N i ~ ~ ~, U t I I c-~o°a~i 'c o ~ I U a+ cn _ c E ~ ( ~ j v a0 ~ u Pi N ~ ' ' v rj ~ O O G ~ I O ~ ~ h ~ c o. '~, ~. (A -~i o U Y ~ ~ ZZZ ~t1Gt~ ~f1Gt ti d~,~~ G~}~" 1~~d~ r~tR~f~Y"~'rr 210 Fidalgo Avenue, ILenai, Alaska 99611-7794 ~~ i~ _ .., Telephone: 9Q'-283-3692 ! %'AX: 907-283-369s ~. tlae ciyuf KN ~~1~~ Ta: Rick Koch, City Manager Frain: Robert J. FratLS, Parks & Recreation Directoir Date: 6!13('107 RE: 1VFid-anantlu k'sepmrt Several summer hires were brought an in early Iv1ay to assist. with pre-season maintenance activities. Much of the effort in May was spent performing parklplayground inspections, prepping flowerbeds, cleaning facilities and turning on water. A significant effort and attention was given to clearing turf areas of sand and debris. Due to cold temperatures during November coupled with na snow cover, several of our water Imes remained !"cozen beyond the dates considered normal causing some delay with opening bathrooms. The Kenai River Drawn Bear CamplTryouts was a success and much praise was given. to the eftbrts of City staff, coaches, Dr. Ice, etc. The cemetery cleanup occurred mid-month and was a success with a couple different organizations giving a helping hand, including the Kenai I.ians Club. The remaining summer crewmembers began their work June 4'~. A signifcan+. portion o£their work the first week Included training and general familiarization with parks and various other landmarks throughout Kenai. Crews appear to be seating in and are doing a nice job getting things done. C1ur volunteer plant day occurred Saturday, Tune 2na and was a success. Many of the city beds were planted and the day ended with a &B€~ at the Kenai Fire Department. The colder temperatures have unfortunately decayed any significant growth and we are an:~iously awaiting more conducive temperatures. 113 (NTEi2OFFkGE ME(~lOi~ANDl1M KENAI FIRE DEPARTMENT Date: 3une 12, 2067 To: City Manager From: Pira Chief Tilly Subject: Midmanth report Runs for the timeframe of 5-$ fio 6-13: Run total for the year 549 runs Total last year at this time 565 runs Last 30 days 117 runs Summary of acfiivifiies for last month: 1) One member at the national Fire Academy for "investigation and interrogation Techniques" 2) Attended Kenai Peninsula EMS Council meeting 3) Battaiidn Ghief Coon attended the State of Alaska Fire Standards Council meeting in Anchorage 4) One member attended a Pumper Operafiors class at PRISM 5) Chief Tilly Attended. a 2 day class on Homeland Security Grants 6) Hosted a Childs Car seat check at station one 7} Multi-company drib to train on water rescuetboat operations and cold water drowning 8} Welcomed a new member to our department Justin Horton 9) Hosted the Beautification Plant day at the fire station. 10} Met with consultant for dispatch radio upgrades. 11) Hosted 2 station tours for 30+ children. 114 "!/el~~~ ye r~~t~i a ~r~st, Gi r,~e`t>Gt ~~s~e" 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: {907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us ~E 1~111U~ T0: Mayor Porter uid the Kenai City Couneil FROM:C,~ Cary R. Graves, City Attorney DA'1'B: .Tune 13, 2007 RE: City Regulation of the Kenai 12iver Outside of KRSMA Boundaries During die last Cnuncil meeting, Couneitor Moorc requested that I researoh the ability o€ the city to regulate the Kenai River outside of the KSRMA boundaries in light of the state's adopfion of the new regulations for KSRMA. I am sti11 working on my analysis of this issue. I will have it completed in time for the next packet. Phase let me know i€ you have any questions. 115 -~~r~ . ..~_ ~ \'~, t/rc city a f f~ `°1fi~~~~e cv~~~t ~ r~~~t, G~ wi€~i r~ ~i~~~~'e„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.cLkenai.ak.us TO: C~,~ Mayor Porter and the Kenai City Council FROM: Cary R. Crraves, City Attorney DATE: June 13, 2007 RE: Composition of the Airport Commission The issue of the composition of the Airport Cvmmission cone up during the last Council meeting. The Airport Commission is made up of seven members and anon-voting Council liaison. ` Commission members do not need to be residents of the. city? They serve three year terms s The membership of the commission is structured as follows:° (a) One member, fixed. base operator {FBO). (b} One member, lessee of airport aeronautical Lands ar terminal facility. (c} One member,, with expertise in Federal Aviation Administration functions. (d) One member, representing the Civil Air Patroi. (e) Three members, at-large, reprrsenting' the business and professional community. (f) One nvn-voting member, representing ad hoc member of the I{enai City Com~cil. Plistoricaliy, in Kenai the at-large members representing the business acrd professional community have bean persons with an interest in general aviation. In Soldotua the Airport Commission is made up of five members s They are appointed. for three year terms.b One is a member of the Planning and Zoning Commission; two are airport users, and two are at-large members. One of the at-large members may be a sitting council member. The City Managests a nvn-vothrg ex-officio member and provides staff support. ` KMC 21.20.030 '` KMC 21.20.02(1 ' KMC. 1.9Q040 ' KMC Z,t.20.030 SMC 2.50.00 ~ SMC 2.50.010 ii6 Page 2 Mono to City Council June 13, 2007 Thank you for your attention in this matter. If you have any questions please contact me at your earliest convenience. 117 O O O 4 4 O O O O O R ~ W ~ O O O O O b 65 (O M N O O O O 'el' V' N M M ~ ~f1 M M W W ~ Z Z ~ ~ ~ ~ 7 m ~ W U H ZZ °~ '~ Z p ~ U W Q Q ~ J O O 4 O o a `~ o ~ m° °m °m a ~ ~ w w F W o ~ ~ 4 z U W ?- a } re } a U Z ~ ~ ~ ~ '~ J ~ ~ J J, ~ r ~ N O p. 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Attach rendot reoisaaClon formi;}and fee{s1 fur eashvendor Ilsted Gelow. bar or llquarsmm name Phys7p4addres ~ Ory SGrte ZIp±A kK IBat or ltquorstore Harm: Php9[aladdre5 @y S ZIP+4 i RK i EaraliWorstn?e Cmrrle fiysicaladdrer tdtY iSta<e ZIP+G I I !~K Em or ligiaursNre nam4 PhydFaladdre~ { RY ISrme ZIP+~ I I kK dziwliquarKOre name Fhg9(aladtlte4 ~ nty 2 [Zip+4 AK information r whowfll ronduct acti~alties on ~boeratur reme ~Buslnes neme - CGattr type(,i ~OP~~th[emek I l~ultipie-benefieiar}a Permittee (nformation (NiBP} vesignate the MBF witlr vPhich the organization has signed a partnersrhip or jotrt-venture agreerrrent 'h98P mrre (Game ryPetsl MBI'PemiCk ~2C~ICdtfQnOft~£'~PrOC@Gf~S De;aibPlndetailnoutheorganlzauonwlllusPiflene[proceetlsfromguninaact>diries. i h(Jf-1- protetc{S wrt{ be U,S(ec~'{A 5,yU~~ot-I' hack.{ F.~n-k- L~@.A.Y a "}"4-~(C~ W ofW-. ~'~ `W PJVL.E'~ASG t06GE W ~~ea~ ' Vl~ ~U..VIq YG/. ~~~ Retain a copyPoryour records FormW05-86.2vaeb Feu t0!'.~ far?.Sli .age Z 12U Carol Freas From: Dee longenbaugh [deelong@alaska.com] Sent: Wednesday, June 20, 2007 1:42 PM To: Carol Freas Subject: Re: Pebble Mine Dear Ms. Freas, I am writing to urge you. to pass along my note to your mayor and city council.. I understand they are considering passing a resolution supporting development o£ the Pebble Mine. The developers obviously have a lot of money to spend in their effort to open what would be the largest open pit mine in the :1.5. We supporters of the fisheries in BristolBa.y do not, but we car. stil_ argue. I have visited my parents ir. Silver City, New Mexico, wrere there was an enormous Phelps Dodge copper mine for many years. Have you ever seen large open pit mine? Pnt "open. pit mines" in Gooale,. they. hit image.~NOw imay^ine the dust clouds that blow during dry weather, the sloppiness during rainy seasons, `hen add the pollution - cyanide, minerals leaching into the groundwater, and all cf this at the headwaters of the streams that lead into Bristol Say, the most productive salmon fishery in the world. The Phelps Dodge mine closed. some years ago, leaving a hugehol.e in the ground and economic hardship in the county. The little towns of Tyrone and Hurley were devastated. All mines come to an end eventually. Salmon runs, if we.11.-managed do not. Why would any Alaskans support an industry owned by outsiders whowill reap the profit and never see the ri.versdie? Why wouldn't any Alaskans support the Bristol Bay fisheries, a proven asset for well over a century? Z krcw at least some of you wonder why a person ir. Juneau (Formerly of Sitka) would be writing you. We L, Kenai. i.sr.'t on Bristol Bay or near Iliamna. A. resolution in favor woui.d make valuable propaganda. for the mine developers - it could be used in ads Outside to show how Alaskans are in favor of Pebble Mine, and only those little tree- hugginq environmentalists oppose it. The main .reason I am writing you i.s because I am an historian. Alaska history is my field, and Alaska's history is replete with mining booms and busts. And who made the money fron~~ the booms? It certainly wasn't the Alaska miner. For many, many years Alaska has beer. the warehouse where others come and rummage around for gold or o*_her natural resources, take _ ~^:en leave. Due to some £arsigr_ted Alaskar. leaders, the oil pipeline has led to wealth for all Alaskans. However, how much wealth has it generated For Sig Oil? Fr.engh. I wish could attend your meeting in person. I expect I know at least some of you. through my bookstore and map shop, so I send my regards. S.ncere'_y, Dee Dee Longenbaugh The Observatory, ABAA 299 North. Franklin Street Juneau, Alaska 99801 907/586-9676 www.observatorybeoks.com Since 1977 "It's not the destination that is impori;ant, but the journey." J. B. 1 Carol Freas From: George Matz [geomatz@alaska.netj Sent: Tuesday, June 19, 2007 5:21 PM To: Carol Freas Subject: Resolution 2007-38 Cook Inlet Alliance PO Bcx 2921 Homer, Alaska 99603 June 19, 2007 Ke r.ai City Cou.n c:~l. 210 Fidaigo Avenue Kenai, Alaska 99611 Be: Resolution 2007-3E Dear City Council: The Cool< Inlet Alliance, which is comprised of Kenai Perirsula citizens dedicated to promoting the resporsi.ble useand management of public resources impacted by mining and related industrialization, would like to comment on Resolution 2007-38 which asks the Kenai City Council to support development of the Pebble Mine. We find serious contradictions in Resolution 2007-38 and urge that the resolution not be a.ppreved because of faulty wording. The resol.utien asks "support for the development of a mine at the Pebble Porphyry site; ~.~n an envirenmentally anal culturally responsible manner. While virtually everyone interested in. this project sizp_oorts environmentally and culturally responsible development, the purpose of the permitting process is to determine if and how this may be accomplished. Since the permitting process is far from completed, that determiratioa has yet tc be made. Nevertheless, Resolution 2007-38 continues on by asking that the mine be brought to an "ore production stage in an expedient manner." In essence, the Resolution asks that development of the mine proceed before knowing if environmental and cultural issues have or can be resolved. This violates even the "wait-and-see" and "reserve judgment until. the final plan is re_eased" approach recommended by Northern Dynasty. Ever. if the nermit~ing process had reached a decision, the Cook Inlet P.l liarce is not convinced `,.hat the existing process will provide the information. or conditions needed to assure that there wi'_1 be "r?.o net loss" of fish if the Pebble Mine is developed. We believe that some of the checks-and-balances that were recently "streamlined" out of the permitting process have increased the chance that the Pebble Mine will not be zero-risk. Although some c].ai.m that mine development in P,laska must comply with a rigorous permitting process, we note that recently some permits have been ruled il].ega 1, which seems to contradict that claim. Given all the uncertainty that exists, weurge you to vote "no" or. Resolution 200'7- 38. Sincerely, George Matz CIA Issues Coordinator SUBSTITUTE Suggested by: Councilman Ross CITY OF KENAI SUBSTITUTE RESOLUTION NO. 2007-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE DEVELOPMENT OF A COPPER, GOLD AND MOLYBDENUM MINE AT THE PEBBLE PORPHYRY PROSPECT NORTHWEST OF LAKE ILIAMNA, ALASKA. WHEREAS, Northern Dynasty Minerals Ltd. has announced its intentions to develop the Pebble Gold-Copper-Molybdenum Porphyry Prospect northwest of Lake Iliamna, Alaska into a large mine operation; and, WHEREAS, Northern Dynasty Minerals Ltd. continues to demonstrate a commitment to the residents of the Bristol Bay Region, Lake and Peninsula Borough, and the City of Kenai continuing on-site updates providing the latest information on their plans; and, WHEREAS, the Pebble Porphyry. Mine and related infrastructure is to be constructed in a manner ensuring adequate environmental protection for the regions' wildlife and other subsistence resources and is to be constructed in a culturally sensitive and responsible manner, [RESULTING IN] and result in making it's hundreds of high- paying, long-term and rewarding jobs available to residents of Alaska; and WHEREAS, the City of Kenai requests the State of Alaska continue a public permitting process that encourages public participation and comments. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, demonstrates its support for the development of a mine at the Pebble Porphyry site, in an environmentally and culturally responsible manner, [TO EXTRACT COPPER, GOLD, AND MOLYBDENUM ORE AND DO HEREBY ENCOURAGE NORTHERN DYNASTY MINERALS LTD. TO BRING THE PEBBLE PORPHYRY MINE TO AN "ORE PRODUCTION STAGE" IN AN EXPEDIENT MANNER AND THE MINE EMPLOY MAXIMUM NUMBERS OF AREA BUSINESSES AND RESIDENTS DURING CONSTRUCTION AND THROUGHOUT THE OPERATION OF THE MINE; AND), BE IT FURTHER RESOLVED, that the Kenai City Council encourages the support of local, state and federal governments to work with Northern Dynasty Mines to advance this critically important project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 2007. PAT PORTER, MAYOR ATTEST: Jenifer Lockwood, Acting City Clerk Frern: nancy schrag <nmschrag@hotmaiLcom> Subject; Opposition to Pebble Mine Date: June 20, 2007 4:10:11 PM ADT To: kenaimayorl0@msn.com Cor cpajoe@altrogco.com, Iswarner@acsalaska.net, rossrck@hotmaiLcom, bob@molloyforcouncil.com, barry_eldridge@yahoo.com, ankd2000@hotmaiLcom, mboyle@alaska.com Dear Mayor Porter and Council Members; I understand that there will be a resolution proposed tonight supporting Pebble Mine. I would like to express my opposition to this resolution. I feel that Pebble Mine will have a negative impact on the water and salmon fishery in the Bristol Bay area. The proposed open pit mine is huge and I am concerned about the storage of the tailings as well as the amount of water that will be used during the mining process. The fact that large earthen dams will be built in a seismically active area is also a concern. I have no doubt that in the immediate future jobs will result from this proposed mine, but feel we need to look at the larger environmental picture. Sometimes we have to Zook beyond the money and see the impact on our land. Please consider my opposition to Resolution No. 2007-38. Feel free to contact me if you have any questions. Nancy Schrag, 283-9382. Doni miss your chance to WIN $10,000 and other great prizes from Microsoft Office Live hitp://clk.atdmt.com/MRT/go/ aub0540003042mrt/direct/01 / :°rctrz: Emily Chenel <em!ly.chenei@gmaiLcom> Subect: DO NOT SUPPORT PEBBLE!! €7at~e: June 2Q 2007 2:26:02 PM ADT Tc: cfreas@ci.kenai.ak.us, ankd2000@hotmail.com, mboyle@alaska.com, barry_eldridge@yahoo.com, bob@molloyforcounciLcom, rossrck@ hotmail.com, Iswarner@acsalaska.net, cpajoe@altrogco.com, kenaimayorl0@ msn.com please do not pass a resolution to support the pebble mine!!! please do not pass a resolution to support the pebble mine!!! i spent fifty days in the watersheds of the proposed pebble mine listening to local opinions and seeing the landscape. it is such a rich part of the state and an ecosystem that is uncomparable to nearly any other in the world. yes, the area !s impoverished and needs help, yes a mine would bring some money to locals on the peninsula and to the state BUT the cost is too great. i support responsible mining in the united states, but NOT at the headwaters of the most productive salmon fishery in the world. please think about the longterm benefit to the state of alaska in making your deciscion!!! preserve the fisheries!!! sincerely, emily Chenel Prom: billy@curyungtribe.com Subject: Gity of Kenai Resolution 2007.38 C3<te: dune 20, 2007 12:52:24 PM ADT To: kenaimayorl0@msn.com Cc: cpajoe@aitrogco.com, Iswarner@acsalaska.net, rossrck@hotmaiLcom, bob@molloyforcouncil.com, barry_eldridge@yahoo.com, mboyle@alaska.com, ankd2000@hotmaiLcom Dear Mayor Porter and City of Kenai Council Members, My name is Billy Maines. I live in Dillingham, Alaska. It has been brought to my attention that the Kenai City Council will be addressing a resolution supporting Northern Dynasty & their proposed open pit and underground Pebble Mine, Resoultion 2007-38. I am writing to respectively ask you not to support and to vote "NO" on Resolution 2007-38. There are numerous reasons for not supporting the resolution. My heart and soul tells me that there is "NO WAY" Northern Dynasty or whoever they partner will be for developing the mine can do it in an environmentally safe & sound manner. The location of the proposed mine is at the headwaters of one of the cleanist & nutrient rich watersheds in Bristol Bay, the Nushagak Mulchatna Watershed. Bristol Bay as we know is the world's largest wild Alaskan salmon fishery (It may be the only /eR in the world). Commercial, sport and subsistence fishers of Bristol Bay know that this renewable resource can not be replaced. The wild Alaskan salmon and the clean, pristine nutrient rich water has existed in this region for tens of thousands of years. This alone should be reason enough to say NO to Pebble. I have been reading and hearing of the problems you are having with the water quality of the Kenai River. Imagine what the Kenai would look like if the problems were caused by contaminated runoff from a mine instead of over abundant use by sport fishers and their equipment. I am not totally against mining even though mining has acquired a bad reputation due to their past and still current practices. I am however totally against mining within such a highly sensitive and vibrant ecosystem. A system that is part of a multi- million, if not billion dollar renewable industry. I have faith that we have learned from history -that rape, pillage and leave barren is not a good way of life; that protecting, preserving and conserving what little wonders mother nature and the good Lord has bestowed on us is better. I work for the Curyung Tribal Council, who has taken a stance against Pebble. I sit on the Dillingham City Council and happily introduced a resolution which was unanimously passed against Pebble. I also sit on the Nushagak Mulchatna Watershed Council, who also opposes the open pit Pebble mine. 1 am a former commercial fisherman, an avid sport and subsistence fisher who asks you - PLEASE say NO to Pebble and Northern Dynasty. The risks are too great. Thank you for your time. If you have any questions or care to talk feel free to call - my work phone is (907)842-1751, home phone is (907)842-2455. With great respect from one city council member to another, Billy Maines P.O.Box 297 Dillingham, Alaska 99576 AGENDA C\\ ENA1 CITY COUNCIL -REGULAR MEETING ~,; , JUNE 20, 2007 ~- 7:00 P.M. < / KENAI CITY COUNCIL CHAMBERS uwar.atnswa http~/7www ci kena~ ak us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. Ordinance No. 2237-2007 -- Amending KMC 23.50.010(b) by Creating the Job ClasslTitle of "Administrative Assistant IV" (Class Code 217) and Placing it at Range 14. 2. Ordinance No. 2238-2007 -- Amending Title 11 of the Kenai Municipal Code by Eliminating the City of Kenai Harbor Commission, Reassigning its Duties to other Entities Within the City of Kenai and Updating Regulation of the Harbor Area. 3. Ordinance No. 2239-2007 --Increasing Estimated Revenues and Appropriations in the Water and Sewer Fund and the Wildwood Water Main Capital Project Fund to Provide Adequate Funding for the Project. 4. Resolution No. 2007-34 -- Directing the Continuation of the Project Entitled "Shamrock Circle Paving District" and Designating What Improvements Are to be Included in this Project. ''~ 5. Resolution No. 2007-35 --Authorizing the Purchase of Tract A, Alaska State Land Survey No. 2004-25 from the State of Alaska, for Market Value, for a Public Purpose. 6. Resolution No. 2007-36 -- Transferring 510,000 in the Street lights Department for a New Sireet Light and Other Improvements. 7. Resolution No. 2007-37 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Integrity Janitorial Service, LLC for the Period July 1, 2007 through June 30, 2010. 8. Resolution No. 2007-38 --Supporting the Development of a Copper, Gold and Molybdenum Mine at the Pebble Porphyry Prospect Northwest of Lake Iliamna, Alaska. 9. Resolution No. 2007-39 -- Rejecting Alf Bids for the Project Entitled Wildwood Water Main - 2007. 10. Resolution No. 2007-40 --Authorizing Arctic Barnabas Ministries, Inc. be Granted the Contractual Right fora 20 Year lease Renewal fora 35 Year Lease on lot 9A, Block 5, General Aviation Apron Subdivision No. 5. 11. WITHDRAWAL OF PROTEST OF LIQUOR LICENSE CONTINUATION OF OPERATIONS -- Kings Inn Property Management LLC, d/b/a Kings Inn Hotel, Restaurant & Lounge, LLC (License #2457). 12. APPROVAL OF LIQUOR LICENSE --Griffin Golf Enterprises, LLC, dlblal Kenai Golf Course (License #4708). ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase orders Exceeding $15,000 EXECUTIVE SESSION --Annual Evaluation of City Manager. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at httoYlvaww ci kenai ak us. Carol L. Freas, Clty Clerk D573 /211