Loading...
HomeMy WebLinkAbout2007-06-06 Council PacketMAKE 25 PACKETS COUNCIL PACKET DISTRIBUTION ~ COUNCIL MEETING DATE: ~ /~,>/r~ `~ Ma or/Council Attorne Ta for/S rin er/Kebschull ! Clerk /' Cit Mana er % ~. Police De artment Finance En ineer Senior Center ~'" Air ort `' Kim / ~ Librar / Parks & Recreation v'' Clarion Fire De nrtment v' Schmidt -' Mellish Student Re KSRM AGENDA DISTRIBUTION Sewer Treatment Plant Streets Sho Dock Buildin Maintenance Animnl Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their pncket up in my office. The portion of the agenda published by the Clarion should be emailed ns soon as possible after Noon on packet dny. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for pnper) is emailed to Denise at Peninsu/o C/orion (at email folder Work Session/Specinl 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 ns possible before leaving the office for the weekend. o ~' ~ ~ d a 0 LL Z w W J v 0 v w ~ W ~ ~ 000 ma~cn W } ~~~ ®~~OQ 0000 ~md~cn >~K ~~ ~I I W ~` ~ O J W ~ ocn-~>-~O w~~m~~ >IA I ~I I ~~ f W OJ~~ OppO ~ma~ ~> ~~ I~ Z O w w W ~ z ~ ~ ~ ~ J ~ Q 0 0 0 0 0 = cC ~ m d ~ cn ~I~, ~I ~~ W ~ pcnO~~OQ ~ 0 0 0 0 0~ w~~m~~cn ~9 ~I O ~f d 0. > li\ i I ~.~ I `h <.I ''~°°~.. I > I K 1 sal "i ~I S1aI ~`N. I > WI 1 1 I I I I I I IWI i t I I I I I I I~ ~ ~ W~ W Z ® ~ W~ W Z Z p O W W W Z ~ (n J J - ~ ~ ~ (/1 J J F- ~ ~ ~ ~ fn J J I- ~ ~ ptnJ>-~OQ ~pc4J~-COQ ~pcn-~}~OQ w~~ma~c>'n ~-U=w~~ma~u~i ~' =w~~m~~c~i~ u: O Z_ W W J C3 Z U > a `~` w D ~ ~C O ~ ~ p ~ t~ o -i J ~- W ~ ~. O ~ Q m ~ S W ~ ~ d ~ > I V I bl'`~ I ~J`J'lo I I> ml 1 1 1 1 1 1 1 1 lug ~ ~ O J W ~ ~ O~Jy.~OQ J00000~ W Ct~O~d~(n W ~ ~p(~o>-d'OQ J00000'S W ~~C~d~(n 0 d m a LL O C7 z_ H W W J U Z U Z_ p ~ W ~ W ®` Z ~ p ~ ~ p tn cA J -~ J >- ~ ~ O Q = ~ ~ m d ~ ~ w c i~ cn w ,~. w ~' `~ U` r ~ W Q ~ Cn OJ J I- ~ ~ ~pcn-i~~OQ S W ~ ~ m d ~ ~ 0 ~~o}~o¢ ~00000~ w~~ma~u~ p } ~ W Z ~ ~ ~ J ~ ~ ~ ~00000~ W~~md~(~ w ~~ p r ~ Z O c~n 4 ~ ~ O Q ~ ~ m a ~ ~ w c n J 6lNE V, 2®®7 REGULAR COUNCIL MEETING MOTION: 1. MOVE TO APPROVE THE REGULAR AGENDA OF JUNE 6, 2007 SECOND MOTION TO AMEND THE AGENDA: 2. MOVE to AMEND the regular agenda by: -- adding to Item E-3a, memorandum from Finance Director Semmens outlining changes in the budget. -- removing Ytem E-4, Ordinance No. 2239-2007(b~ and (c) -- removing Item E-9, Resolution No. 2007-31 -- adding letter of J. Caldwell/Arctic Barnabas Minsstries to Item G-1, Notice of Reconsideration of Ordinance No. 2230-2007. -- adding applications of Bob Peters and Phillip Morin as Information Items 8 and 9. SECOND ^"'~ VOTE ON MOTION TO AMEND VOTE ON MAIN AMENDED MOTION CONSENT AGENDA No Changes. Notes° KENAI CITY COUNCIL MEETING JUNE 6, 2007 Verbatim/Historical Cabins/Move from Fort Kenay Site to City of Kenai Property (Adjacent to the Kenai Historical Society and Kenai Art Guild Buildings) Ford: I'm George Ford, president of the Kenai Historical Society and we're very happy to learn from Mayor Porter that the request or the transfer of the ownership of the historic cabins that are located at Fort Kenay being transferred from the Orthodox Church back. to the city. So, we now will have ownership of those cabins again and the Historical Society for several years now have been wanting to move those buildings to some site where they would accessible to the public and where they could maintained, preserved and, so now it looks like we have the opportunity to do this. The Historical Society has, in the past has, offered to donate x3,000 to help in this move and also to help in the recruitment of help, donations of money, donations of equipment, to help make the move. So, we're ready, willing, and eager to do it to help the city in whatever way we can to get this, whatever we call it, historic park or whatever established, and the cabins moved. Are there any questions? Porter: Council, I can honestly say that Mr. Ford and I have been working on this for quite some time actually, and it appears as if the cabins now can be, you know, a part of the City of Kenai again so that they can be used and preserved as Mr. Ford alluded to. Basically what, if council agrees to do this, what we'd like to do is be able to get a committee together to work towards a plan which will make this happen with the least amount of funds available from the city as possible. So, anyway, questions of council? Councilman Ross. Ross: The transfer of ownership to the city, I think, is a great accomplishment and I appreciate George's work on that. Madam Mayor, as you work on this, is the committee going to be open to any location for them provided they're accessible to the public? Porter: The location that I believe the Historical Society has been working on to keep it consistent with other historic buildings in the community and to be able to make it easy access for tourists would be where the Art Guild is and the old City Hall, Old Library area. I believe you have a map attached. We had to present a plan, excuse me? It's on page 135. We actually to get Lhe approval from the Bishop, we had to submit a plan of where these buildings would be located and so he has accepted that plan and this is what.. so, as far as being open, that's the decision we, we came up with as a small committee. Councilman Ross. Ross: Madam Mayor, 1 appreciate the plan that's been submitted. I was asking, on behalf of a couple of calls that I had received, would the committee be open to discussing, with representatives of the local church organization, the possibility of how they could be utilized at their present site, open to the public, which could save the city, if the committee found that was acceptable, a lot of money, both not in doing moving, but it's already a fenced structure that would prevent vandalism and so forth. I'm just asking, as the committee goes forward, that it be open to those discussions from the local representatives. Porter: Mr. Ford, do you feel that would be an open discussion item? Ford: I guess my feeling on it is, Council Member Ross, that the cabins have belonged to the church for a number of years now, they have not made them available to the public, they have done some maintenance, but mainly they have just used them as storage rooms. It seems to us they don't have the same interest that the Historical Society would have and perhaps the city would have to make these available to the public. Porter: But you would be open to discussion on that. Ford: Absolutely. Porter: Okay. Ford: Thank you. Porter: Thank you. Councilman Moore. Moore: Thank you Mayor Porter. Mr. Ford, thank you for coming tonight and thank you for your generous donation of $,000 toward the cost and I also heard you mention the volunteering of manpower and equipment too. I'm interested in what, as your committee moves along, I'd like council to be kept abreast of what the estimated cost to move those buildings, if we were to move them from the church to the proposed site, as well as seeing the project clear through, once they're there, what type of program or is the city going to have place or the Historical Society have in place to keep them up, to show the public, are we going to have brochures out, or you know, I just think that we're only getting started on this whole thing, so, I guess cost-wise, I don't know, is $3,000 enough to get the...any idea? Porter: Councilman Moore, of course $3,000 is not going to be enough, however, the way the cabins got there in the first place, was totally by a lot of hard labor and volunteers in the community and I think that Mr. Ford alluded to the fact that we're going after that again. Moore: Thank you. Porter: Councilman Eldridge? Eldridge: Yeah, I just want to be very supportive of this idea. I think it's a crime, you know, we've had the cabins and they've been tucked away and locked up ever since the museum moved from the old fort to the Visitors and Cultural Center. So, I would be very much in favor of getting them out and available for the public to see and I think it's appropriate and an appropriate location where the old city hall, library, and jail, and all of those structures that meant a lot fifty years ago, I think it's appropriate also for them to be in that same vicinity. So yes, I would encourage you to stir up as much help as you can to, yeah, and going to the major businesses and corporations and, and soliciting their support to try to go ahead and make this a little more presentable and available to the public. And, does the Historical Society plan to, if this, once this is accomplished, to go ahead and guide tours through it or open it on certain times and days or, I was just wondering, once things are moved, what does the Historical Society want to do? Ford: That's, we haven't done a lot on that because we didn't have anything to plan on but the intent is, yes, to make them open during the summer months but they would not be open during the winter months, much like the old museum where we kept it open in the summer, depending on the action the council takes tonight, we'll start firming up some cost on moving. I've had some over-the-phone estimates, but as you know, we haven`t been able to get in and even inspect the cabins. They've been under lock and key. I will try to get access to those and have some, a contractor that specializes in moving houses and what have you, come in and take a look at it and we'll start firming up our costs and from that, perhaps then, come up with a little better schedule of when we might be able to do this. Eldridge: Thank you. Porter: Well, I think what we're looking for is concurrence from council that this is something we'd like to move forward with as a partnership with the Historical Society. Councilman Ross? Ross: Ultimately what you're looking for is confirmation that the city wants to accept ownership, is that correct? Porter: That we, yes, that we'd like to accept ownership and move forward with the plan to make it happen, one way or the other. Councilman Ross? Ross: I move that the city accepts ownership and helps the committee to work out a plan on what to do with those cabins. Eldridge: Second. Porter: Is there any discussion? Councilman Ross, I mean Moore. Moore: Thank you Mayor Porter. I just feel like I don't have enough information to accept ownership of this property. What timeline are we looking at and I've seen (in audible) that cabins will be, the property that's presently stored will be moved no later than June 30th, 2007, and the cabins will be swept clean at the time of transfer. So are we talking, when are talking about taking possession of this... Porter: Well, the Bishop hasn't given us a timeline that we have to have them out of there by and I think that's a good thing because he realizes we've got to come up with a plan to make it happen. We just don't have a big pocket right now, you know. So, we will keep in correspondence with him and keep him, you know, informed, as once we come up with a plan, but in order for, in order for the Historical Society and the city to move forward with doing anything we needed to have some concurrence from council that is something we wanted to work towards. Moore: Well, I would just like to if I could get just a little bit (inaudible) the council by accepting ownership of this property are we also accepting future maintenance, are we agreeing that's what the city would do? And surrounding it with a fence and anything related to the buildings, the city is now responsible for. That's where I'm trying to go. Porter: Councilman Moore. Let me just, you know, those, they used to be in the possession of the city. City got some grants to put the fence around and actually renovate them at one time, a long time ago and then when the, when the, when Fort Kenay was turned back over to the Russian Church, they were just let go. So, it's a possibility to get those items again. Moore: We're not paying for them twice, are we? Porter: No. I'm just saying, originally when they were moved there, there was grants that were obtained to fix them up the way that they currently are, okay. So the city actually assumed liability for them once before. Moore: I'm just nervous about a project that could really mushroom on us and I don't mean to pick on the Visitors Center, but those boats that are in their front yard had to turn into a major ordeal and I don't want to be there ten years from now. I don't want the council that is here from ten years from now to be there. So. Porter: Okay. Councilwoman Swarner. Swarner: Thank you Madam Mayor. I am too concerned about the date on...if this letter was written on May 24th 2007 and then it says we need to move them by... Porter: No. It says they will move their items out of there by the, they will move storage items out of the building by the 30th of June. Swarner: Oh. Okay, so, all right, but I would like to definitely be kept in the loop and any approximate cost and does the city manager have any ideas of costs or anything for like a fence? Porter: Mr. Koch, don't scare them. Koch: I looked at it only as if it was a public works project without any volunteer investment, or any wheeling and dealing that goes if, my estimate is just under $100,000 to move those cabins and to construct new foundations and put a fence around them and the fence, let's see, there's $18,000 in for a fence and gates. Swarner: Okay, so if we paid for the fence once, can we take the fence with us? Koch: You know, reusing fence, ifd probably cost ~w18,000... Swarner: Probably would cost $20,000 to relocate the fence...okay. Koch: ...so I, usually there's not a big money savings in Title 36 wages Porter: But we were also looking at the possibility of the Historical Society would definitely qualify for a Rasmusson grant for something of that sort. So, there's avenues of which to get funds to make this happen but we need to explore them, but there was no sense exploring them without the city, you know, agreeing to the possibility of accepting the cabins back. Councilman Eldridge. Eldridge: Yeah, I think it's important for the city to retain some of its historic buildings and we haven't done a great job on that previously and I think it's, this is an opportunity for us to restore to the public some of the history of the City of Kenai and there may be some expenses to the city and the council, but my feeling is that there will be grants, there will probably volunteer labor from and donations from major corporations out the North Road here, to do a lot of this work, so I feel we should certainly move forward on it and see what the committee comes up with. Porter: Councilman Molloy. Molloy: Thank you Mayor Porter. A question for the city manager, has anybody been able to do a walk through of the buildings? Do we know what kind of condition it's in? Koch: I went over and the gate was unlocked over there so I was able to walk around each of the buildings. You know, I wasn't able to get inside, but I kind of peered through the windows, so for whatever that is worth, it's better than looking from the outside through the fence. They are in pretty good condition for old cabins, but I think that, that two of them are probably already missing the bottom, like the bottom log, the windows seem to be exceptionally low and I think that maybe one of the logs is gone already. So there would be some amount of reconstruction required with at least two of them and maybe the others, but they appear to be in, you know, good shape. I don't think that there would be significant difficulties in a professional mover being able to come in there and get them up and moved without a whole lot of difficulty. You've got some overhead power line issues because they'll be up and you'll have, the utility companies will have to come lift some power lines to get them out of there and get them over, you know, but I think, all in all, I think they're in pretty good shape from what I could see. Molloy: Follow-up question, if I may? Porter: Yes, Councilman Molloy. Molloy: Would there, if they needed to have some renovation, you know, for visiting by the public or, you know, for historical purposes or whatever, is that something for which there might be grants if it's a historic property? Is on the historic register or something like that? Koch: I'm glad that you've asked that. Are these, does anyone know, are they on the National Register? Ford: No, they're not. Koch: Okay, even if they're not, this is... Molloy: If they, do you think they might be eligible or.... Koch: I'm sure they are eligible. These kinds of historical properties do lend themselves pretty easily to find them some grants. Of all the things you go out and try and find grants for, this is an area that's not so difficult to find money. Molloy: Council Member Moore has a good point, I mean, we do get all the burdens with ownership and everything so it's good to hear that there may be sources of funding that would take care of those issues. Koch: Yeah, and I would be, would be happy to help the Historical Society in that... Molloy: Okay, thank you. Porter: Okay, thank you. Anymore questions? Councilman Moore. Moore: A question for Mr. Ford and then I'd like to speak again. Mr. Ford, how, you said now that you've got some buildings to work with (inaudible), how long do you think it would take for you to come up with some sort of estimate of your costs or the cost to move the buildings to the site, set them up there, if you`re able to get the volunteer help, potential grant money? Is it something that's going to happen in 30 days, 60 days? Ford: On the onset, I would say most likely at the end of the month I could have some numbers. AL the end of two months we should be able to get a firm number. Moore: Okay. this summer. I would like to offer an amendment to the motion. Porter: Yes. Moore: I would like to amend the motion to state that the city will accept ownership of the property subject to the Historical Society obtaining cost estimates for the move. Porter: Okay, is there a second? Eldridge: Second. Porter: It's been moved and seconded. Is there any discussion on the amendment? Councilman Ross? Ross: Madam Mayor, I have an objection to the amendment I guess as to form. The original motion was premised upon that Mr. Ford and the committee would work and look at alt options and one of those options is including that there may not be a move. If there is an agreement put together that could involve a proper display within the present location next to Fort Kenay, that might be an option and so I guess I have an objection as to form. Porter: Councilman Moore. Moore: I didn't think that condition was part of the motion. Could I get the clerk to read back what the motion is on the floor. Clerk: Councilman Ross moved to accept ownership and help the committee work a plan to move the cabins and Mr. Eldridge seconded the motion. Porter: Councilman Ross Ross: I don't believe I said move the cabins in my motion. I believe I left the option open with the previous discussion but we can vote on... Porter: You can rephrase, we can vote on the amendment and then you can...(inaudable). Is there any other discussion on the Moore amendment. Molloy: Can I ask a question of the mover? Porter: Absolutely. Molloy: Is what you're intention, Council Member Moore, is to get cost estimates before accepting ownership? Moore: That would be correct. Molloy: Then I think of, I might suggest postponement instead. I mean, I defer to Mr. Graves, but I think they need to do is bring us our cost estimates. Moore: I wouldn't object to that. Molloy: Is, and I would ask legal about that. Porter: Mr. Graves. Molloy: Weil, the motion was that we would accept the property subject to being given cost estimates and my question to Mr. Moore was, if he wanted to see the cost estimates before we accepted ownership and he said yes, so I was saying, in that case, maybe we don't want this, well, P11 defer to you. Graves: If the motion is interpreted literally, they could provide any cost estimate and then the city would accept ownership. As I understood the motion, accepting ownership wasn't contingent upon us approving the cost estimates, it was just receiving the cost estimates. So... Molloy: That's why I asked you the intent was. Moore: That wasn't the intent of my motion. Graves: And 1 might be interpreting it way to literally. Molloy: I would agree with your interpretation. Porter: Council, would you be willing to withdraw your motions, those people who have made motions, and ask to do our little four-headed thing, you know, four- headed nod, if we can do that, to giving the Historical Society to work towards coming back with a cost estimate to the next meeting, at another meeting? Councilman Ross. Ross: I move to postpone any action on this item until the committee has met and come up with a plan as well as cost estimates as to where the buildings are going to be located. Moore: I'll second it. Porter: But... Moore: And I'll withdraw my amendment. Ross: The move to postpone takes care of that... Porter: Yeah, the move to postpone it. Is there any discussion on postponement. Clerk: Did you have a second? Porter: Yes, Joe, excuse me, Councilman Moore. All right, Clerk please call the roll. VOTE: - Eldrid e No Ross - ---- Yes Moller ----- Yes ------ Boyle (No Porter Yes ~ Moore Yes I Swarner ~ Yes IYI®TION PASSED. AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 6, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt~: ~ / www. ci. kenai. ak. us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *AI1 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) 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. 2234-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Donations to the Disc Golf Course ......................... ............................. 2. Ordinance No. 2235-2007 -- Increasing Esfimated Revenues and Appropriations by $3,000 in the General Fund for Police Canine Purchase and Training ..................................................... 3. Ordinance No. 2236-2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008 .................. . a. Substitute Ordinance No. 2236-2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008 .................................................. 4. 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 ......... . 1 2 3 5 7 (Clerk`s Note: Administration is requesting the ordinance be introduced, receive a second reading, and adoption at the same meeting.) a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) a 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.......... 9 6. Resolution No. 2007-28 -- Transferring $20,250 in the Street Department to Purchase a Used Dump Truck ........ ............................. 10 7. Resolution No. 2007-29 -- Transferring $8,762.16 in the PRISM Fund for Salaries ...................................................... 11 8. Resolution No. 2007-30 -- Awarding a Contract to Jackson Enterprises to Furnish. and Deliver Unleaded Fuel and Diesel Fuel No. 1 and No. 2......... 13 9. 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 ............................ 14 10. Resolution No. 2007-32 -- Transferring $22,000 in the General Fund to Purchase Records Management Software for the Clerk Department ......... 15 11. Resolution No. 2007-33 -- Authorizing Approval of a Provisional Certificate of Public Convenience and Necessity for Kenai Landing, Ina ("KLI") for Public Water Utility Service ................ ............................. 16 ITEM F: MINUTES 1. *Regular Meeting of May 16, 2007 ................................... 30 ITEM G: UNFINISHED BUSINESS 1. 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.) Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(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 ........ ............................. 49 ITEM H: NEW BUSINESS 1. Bills to be Ratified ................. ............................. 69 2. Approval of Purchase Orders Exceeding $15,000 ....................... 70 3. *Ordinance No. 2237-2007 -- Amending KMC 23.50.010(b) by Creating the Job Class/Title of "Administrative Assistant IV" (Class Code 217) and Placing ItatRange 14 .................................................. 71 4. *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 ......................................................... 77 5. Approval -- 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. 2007-107; Location: City of Kenai; Petitioners, John Sv Sharon Williams of Kenai, Alaska. 124 6. Discussion -- Salary Adjustments/City Clerk and. City Attorney ........... 131 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) ..................................................... 132 8. Discussion -- City of Kenai Community Opinion Poll .................... 136 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging ............................................... 2. Airport Commission ............... ............................. . 3. Harbor Commission ............... ............................. . 4. Library Commission ............... ............................. . 5. Parks 8s Recreation Commission ..... ............................. . 6. Planning 8v Zoning Commission ...... .............................. 178 7. Miscellaneous Commissions and Committees a. Beautification Committee ......... ............................. . b. Alaska Municipal League Report ................................ . c. Joint Kenai River Working Group ................................ . d. Mini-Grant Steering Committee .... ............................. 187 ITEM 3: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City.Manager .................... .............................. 190 2. City Attorney .................................................. 3. City Clerk ....................... ............................. ITEM L: 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 Na. 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. (l / 17/ 07, Tabled, no time certain.) Ordinance No. 2220-2009 -- 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.) EXECUTYVE SESSION -- Annual Evaluations of City Manager, City Clerk, and City Attorney. ITEM N: INF®RMATION ITEMS JUNE 6, 200'7 Page No. 1. 6/06/2007 Purchase Orders Between $2,500 and $15,000 for council review.. I94 2. 5/29/07 Public Works Department, Project Status Report ................. 195 3. 5/29/07 R. Cronkhite memorandum with attached Proposed AIP Project List.. 197 4. S/ 16/07 L. Semmens memorandum identifying check signers and bank information .................................................. .. 201 5. 5/25/07 Neighbors to Hi1and (sic) Trailer Court letter noting concerns of the area ........................... .............................. 202 6. S/30/07 J. Odgers, KEDS Project, Quality of LifeJOld Towne Committee email identifying signage recommendations .. .............................. 204 7. 6/5/07 Kenai Peninsula Borough Assembly Meeting Agenda .............. 205 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2234-200'7 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIOhTS BY $2,000 IN THE GENERAL,FUND FOR DONATIONS TO THE DISC GOLF COURSE. WHEREAS, it is in the best interest of the City of Kenai to expand the disc golf course; and, WHEREAS, the City of Kenai expects to receive $2,000 for the purchase of components of the disc golf course. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows; General Fund Increase Estimated Revenues: MisceIlazieous Revenue $2,000 Increase Appropriations: Parks -Small Tools $2,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: May 16, 2007 June 6, 2007 June 6, 2007 Approved by Finance (05/07 j2007) hl 1 Suggested by: Administration CETY QF KENAY ORDYPiANCE I30. 2235-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,000 IN THE GENERAL FUND FOR POLICE CANINE PURCHASE AND TRAINING. WHEREAS, Central Peninsula Crirnestoppers has agreed to be a repository for private donors to give to the Kenai Police Department Canine Program for police canine purchase and officerfcanine training; and, VJI-IEREAS, Central Peninsula Crimestoppers Kenai Police Department Canine Program Fund has $3,000 ixi funds donated for police canine related training; and, WHEREAS, these funds are needed to pay for the Canine Officer and Canine "Chevron' to attend the State of Alaska Canine Officer Academy in Fairbanks, Alaska from May 13- July 21, 2007; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its Canine Officer and Canine °Chevron". NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI; ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Revenue $3,000 Increase Appropriations: Police -Transportation $3,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: -,y ~ _ (05/07/2007) hl Introduced: Adopted: Effective: May 16, 2007 June 6, 2007 June 6, 2007 2 Suggested by: Administration CY'TY OF KENAI Nt3. 2236-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 AND ENDING JUNE 30, 2008. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later ihan the tenth day of June, adopt a budget for the foIlawing fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2008 Annual Budget" which is available for examination by the public in the Office of the City Clerlc and is incorporated herein by reference, is hereby adopted as the. budget for the City of Kenai for the fiscal year commencing July 1, 2007 and ending June 30, 2008. Section 2: The following sums of money are herebv appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2007, and ending the 30th day of June, 2008, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $ 11,689,223 Congregate Housing 443,087 Permanent Funds 20;000 Water and Sewer Fund 1,800,603 Airport Fund 2,525;722 Prism Fund 500;000 Senior Citizen Title III 228,825 Senior Citizens Fund 388,884 3 Ordinance No. 2165-2006 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASI{A, this sixth day of 3une, 2007. PAT PORTER, M AYOR ATTEST: Carol L. Freers, City Clerk Introduced: May 16, 2007 Adopted: June 6, 2007 Effective: July 1; 2007 Approved by Finance: ~:~c~--- (05/07/2007) hl 4 SUBSTITUTE Suggested by: Administration CITY CiF KENAI ORDINANCE NQ, 2236-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF I{ENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 AND ENDING JUNE 30, 2008. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adogt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2008 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2007 and ending June 30, 2008. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the fsrst day of July, 2007, and ending the 30th day of June, 2008, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be exgended substantially by line item in the manner shown in the budget adopted by Section 1 hexeof: General Fund $ 11,356,241 Congregate Housing 441,591 Permanent Funds 20,000 Water and Sewer Fund 1,762,084 Airport Fund 2,504;982 Prism Fund 500,000 Senior Citizen Title III 221,143 Senior Citizens Fund 387,294 5 Ordinance 2236-2007 (SUBSTITUTE} Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2007. PAT PORTER, MAYC}R ATTESfi: Carol L. Freas, City Clerk Introduced: May lh, 2007 Adapted: June 6, 2007 Effective: July 1, 2007 Approved by Finance: (05 j31 J2007) hl MEMORANDUM To: City Council Through: From: Rick Koch, City Manager a Larry Semmens, Finance Director F, Date: June 5, 2007 Subject: FY 2008 Budget Changes The attached packet outlines the changes in the budget from the administration recommended version presented at the council worksessions. The major change in the budget is due to the legislative actions regarding PERS and Revenue Sharhig. Senate Bill 53 appropriated revenue sharing to the City of $397,460 and PERS aid of $833,000. This bill is not signed, but I don't expect changes in these areas. The worksession version of the budget had PERS at 45.71 %, with 27%, or $1.2 million, budgeted as revenue. I expect our PERS rate to be revised to 36,67%, and the effective PERS rate for the City is expected to be 22% after considering the PERS aid. These changes affect all funds that have salary expenditures. Additional changes inchide the $43,495 in revisions made during the worksessions and a change in the transfer between the Senior Fund and the Senior Citizens Title III Grant fund that was needed because of the PERS changes. I also corrected two addition errors. One correction increased the Senior Fund expenditures and the other decreased the Water and Sewer Fund's revenues. Neither has a material impact on the budget to be adopted.. The General Fund budget is now projected to have a surplus of $271,598, after a 5% lapse. I recommend that the council adopt the substitute ordinance that is included in the packet. Budget Comparison FY 2007 to FY 2008 And Contribution To (From) Fund Balance Original Current Change Contribution FY 2007 FY 2007 FY 2008 From FY 07 Percent To (From) Budget Budget Budget Original Change Fund BaI. General Fund $ 10,400,989 $ 10,796,903 $ 11,356,241 $ 955,252 9.18% $ 271,598 Congregate Housing 347,034 365,861 441,591 94,557 27.25% (120,164) Permanent Funds 25,800 25,800 20,000 (5,800) -22.48% - Water and Sewer 1,799,948 1,815,821 1,762,084 (37,864) -2.10% 289,808 Airport Fund 2,345,128 2,621,173 2,504,982 159,854 6.82% (683,570) PRISM Fund - 352,000 500,000 500,000 100.00% - SeniorCitizensTitlelll 198,825 202,625 221,143 22,318 11.22% - Senior Citizens Fund 333,241 334,788 387,294 54,053 16.22% (37,653) Total $15,450,965 $ 16514971 ~ 17,193,335 $ 1,742,370 11.28% $__(279,981) BUDGET PROJECTION -GENERAL FUND Original Actual Budget Projection Budget FY 2006 FY 2007 FY 2007 FY 2008 TOTAL ASSESSED VALUE REVENUE Property Tax Sales Tax $39$490,477 $453,000,000 $453,000,000 $ 475,000.000 MILL RATE 4.50 4,50 4.50 4.50 State/Federal Revenue: PERS Funding Municipal Assf. Fish Tax Other Total StatelFederal Revenue Other Revenue: Licenses and Permifs Ambulance Fees Interest Other Total Other Revenue Total Revenue Transfers From Other Funds Charges to other funds Enterprise Trust Fund Total Transfers TOTAL REVENUES AND TRANSFERS EXPENDITURESIAPPROPRIATIONS General Government Public Safety Public Works Parks, Rec. & Cultural Total Operating Expenditures Operating (Deficit)/Surplus before transfers Transfers to Capital Projects Other Transfers or Non Operating Tota! Transfers and Non Operating Total Expenditure/Appropriation Total Deficit/Surplus Projected lapse Adjusted (Deficit)/Surplus Beginning Fund Balance Ending Fund Balance Encumbrances Reserves and Designations $ 2.019,203 $ 2,175,000 $ 2,147,000 $ 2,250,000 4,404,148 4,A56.400 4,600,000 4,738.000 231,725 199,903 199,800 891,825 - 340,760 340,760 397,460. 103,929 75,000 75,000 100,000 248,309 50,000 152,437 50,000 583,963 665.663 767.997 1,239,285 74,672 155,300 97,200 157,000 230,856 248.000 245,000 250,000 323,384 430,000 420,000 560.000 1,122,165 778,535 897,628 757,535 1 751 077 1,611, 835 1,659.828 1.724, 535 8,758,391 8,908,898 9,174.825 9,951.820 1,011,800 998,000 998,000 1,064,900 - 10,000 10,000 37,157 7.085 6,800 7,000 8,000 1.018, 885 1, 014, 800 1, 015, 000 1,110, 057 9,777 276 9,923,698 10,189,825 11,061,877 1,677,758 1,956,313 1,626,798 2,643,319 4,377,829 4,863,808 4,978,360 5,014,499 2,164,213 2,287,454 2,476.008 2:323,553 1,184,217 1,269,564 1,329 689 1,337,870 9,404.017 10.374,139 10,410,855 111319;241 373 259 (450,441) (221,030) (257,364) 441,048 26,850 386,048 37,000 441,048 26,850 386,048 37,000 9 845 065 10 400 989 10, 796, 903 11, 356,241 (67,789) (477,291) (607,078) (294,364) 5% 5% 5% 518,707 520,543 565,962 (67,789) 41,416 (86,535) 271,598 9,461,403 8,864,164 9,393,614 9,307,079 9,393,614 8,905,580 9,307,079 9,578,677 X196,531) (200,000) (200,000) (20Q,000) (2,801,891) (3,285,781) (2,264.330) (3,123,619) Unres. Undesignated Fund Balance $ 6.395,392 $ 5,419,799 $ 6,842.749 $ 6,255,058 BUDGET PROJECTION-GENERALFUND TOTAL ASSESSED VALUE REVENUE Property Tax Safes Tax State Revenue: PERS Funding Municipal Asst. F!sh Tax Other Total State Revenue Other Revenue: Licenses and Permits Ambulance Fees Interest Other Total Other Revenue Total Revenue Transfers From Other Funds Charges to other funds Enterprise Trust Fund Total Transfers Projection Projection Projection FY 2009 FY 2010 FY 2011 $489,250,000 $503,927,500 $519,045,325 MILL RATE 4.50 4,50 4.50 TOTAL REVENUES AND TRANSFERS EXPENDITURES/APPROPRIATIONS $ 2,311,706 $ 2,381,057 $ 2,452,489 4,974,900 6,OOQD00 6,180,000 712,580 733,957 755,976 200,000 200,000 200,OOD 10Q,000 100,000 100,000 55,000 55,000 55,000 1, 067,580 1, 088.957 1,11 G, 976 100,000 70,000 70,000 250,000 250,000 250,000 500,000 500,000 500,000 750,000 750,000 750,000 1, 600, 000 1, 570.000 1.570.000 9,954,186 11,040.015 11.313,465 1, 096, 847 1,129, 752 1,152, 347 37,157 75,000 75,000 15,000 22,000 30,000 1,149, 004 1,226,752 1,257,347 11,103,190 12, 266, 767 12, 570, 812 General Government 2,828,351 3,026,336 3,117,126 PubfcSafety 5,365,514 5.741,100 5,913,333 Public Works 2,486,202 2,660,236 2,740,043 Parks, Rec. & Cultural 1.431,52 i 1,531.727 1.577,679 Tofal Operating Expenditures 1211 i 588 12,959,399 13,34$181 Operating (Deficit)/Surplus before transfers (1,008,398) (692,632) (777,368) Transfers to Capital Projects Other Transfers or Non Operating Total Expenditure/Appropriation Total Deficit/Surplus Projected lapse Adjusted (Deficit)/Surplus Beginning Fund Balance Ending Fund Balance Encumbrances Reserves and Designations Unreserved Undesignated Fund Balance 26,000 26,000 26,000 26;000 26,000 26,000 12.137, 588 12, 985, 399 13, 374,181 (1,G34,398) (718,632) (803,368) 605,579 647,970 667,409 (428,819) (70,662) (135,959) 9,578.677 9,149,858 9.079,196 9,149,858 9,079,196 8,943,236 ~20o,oooj ~20o,oooj jzoo.ooo> (2,054,883) (2120,180) (2,438887) $ 6,894,975 $ 6,759,015 $ 6,304,349 City Of Kenai Fiscal Year 2008 Operating Budget Revenues PERS Grant Usage Fees Hook-up Residential Water Commercial Water Residential Sewer Commercial Sewer Total Usage Fees Miscellaneous Revenues Penalty and interest Spec. Asmnt. Principal Sale of Assets Interest earnings Other Total Miscellaneous Revenues Total Revenues Expenditures Water Department Sewer Department WastewaterTreatment Plant Dept. Total Expenditures Budget Projection Fund 10: Water and Sewer Fund Original Council Actual Actual Budget Projection Approved FY 2005 FY 2006 FY 2007 FY 2007 FY 2008 $ - $ 19,019 $ - $ 12,500 62,509 2,100 10,475 5,000 5,000 $ 5,000 286,601 315,917 317,800 317,800 317,800 128,063 140,977 140,000 140,000 140,000 820,475 917;516 920,600 920,600 920,600 350,885 390,016 387,700 387,700 387,700 1, 588,124 1, 793, 920 1, 771,100 1, 783, 600 1, 833, 609 29,912 27,737 18,000 18,000 18,000 20,925 23,174 - 22,000 - 48,174 67,264 40,000 100,000 80,000 3,002 4,964 14,558 2,500 14;558 102,013 123,139 72,558 75,500 112,558 1, 690,137 1, 936.078 1.843, 658 1, 871, 600 1, 946,167 390,545 437,232 604,106 608,373 565,681 205,225 241,752 484,086 488,007 332,512 612,800 646,580 711,756 719,441 863,891 1,208 570 1,325,564 1,799,948 1,815,821 1,762,084 Contribution To/(From) Fund Balance Projected lapse (6%) Adjusted (Deficit)/Surplus Beginning Fund Balance Residual Equity Transfers 481,567 610,514 686,574 40,693 1, 208, 834 43,710 55,779 184,083 107,997 272,373 105,725 151,707 328,152 289,808 1,622,243 1,819,348 2,147,500 Ending Fund Balance $1,208,834 $1,819,348 $1,773,950 $ 2,147,500 $ 2,437,308 City Of Kenai Fiscal Year2008 -0perating B udget Budget Projection Fund: 008 Airport Fund Original Council Actual Actual Budget Projection Approved FY 2005 FY 2006 FY 2007 FY 2007 FY 2008 Revenues State & Federal Grants $ 14,021 $ 60,990 $ 17,576 $ 27,200 $ 55,383 Usaoe Fees Fuel Sales 9,178 10,132 8,000 8,000 8,000 Float Plane 1,997 1,006 1,800 1,800 1,800 Tle Down 6,113 7,711 5,000 7,500 7,500 Landing 93,631 93,498 85,000 100,000 85,000 Plane Parking 3,552 3,646 3,000 3,000 3,000 Total Usage Fees 113,471 115,993 102,800 120,300 105.300 Rents and Leases Land 319,110 321,883 400,000 313,000 400,000 Fish Hauling 2,400 6,600 3,000 4,200 3,000 Totz! Rents and Leases 321,510 328,483 403,000 317,200 403,000 Miscellaneous Penalty and Interesf 5,543 2,947 4,000 5,000 4,000 Interest on Investments 462,531 488,357 665,000 685,000 690,000 Other 63,979 18,372 2,000 19,000 2,000 Tctal Miscellaneous 532,053 507,676 671,000 709,000 696,000 Terminai Revenue Parking Fees $ 70.622 $ 89,492 $ 70,000 $ 99,000 $ 100,000 Rents and Leases 84,034 94.174 89;000 89,000 89,000 Penalty and Interest 297 649 500 500 500 Car Rental Commissions 132,090 176,951 130,000 185,000 185,000 Advedising Commissions 6,678 5,858 6,000 6,000 6,000 Granfs - 2,737 2,101 2,100 9,130 Miscellaneous 530 787 300 800 300 Total Terminal Revenue 345,931 370,648 297,901 382,400 389,930 Transfers In General Fund 11,345 9,500 9,500 9,500 9,500 Capital Project Fund 290 193,119 - - - Apt. Land Trust Fund Sales Interest 18,811 18,337 19,000 13,500 12,000 Total Transfers In 30,446 220,956 28,500 23,000 21,600 Total Revenues 1,357,432 1,604,746 1,520,777 1,579,100 1,671,113 Expenditures Airport Terminal 374,854 403,071 457,686 570,760 521,266 Airport Airfield 1,669,789 1,81 C,047 1,401,957 1,379,174 1,515,998 Airport Administration 206,620 204,343 244,902 242,488 272,425 Airport Other Buildings and Areas 108,366 129,506 140,589 428,751 ?43,293 Airport Training Facility 112,298 52,000 Total Expenditures 2,259,629 2,346.967 2,245,128 2,733,471 2,504,982 Contribution To/(From) Fund Balance (902,ifl7) (742,221) (724,351) (1,164,371) (833,869) Projected lapse (8%) 107,247 164,008 150,299 Adjusted (Deficit)/Surplus (617,104) (990,363) (683.570) Beginning Fund Balance (Incl. Terminal) 7,639,838 6,7.37,641 5,995,420 5,995.420 5,005,C57 ending Fund Balance $ 6,737,641 $ 5,995,420 $5,378,316 $5,005.057 $ 4,321,487 City Of Kenai Fiscal Year 2008 Operating Budget Budget Projection Funds: 019 Senior Citizen Title III Grant Fund Revenue State Grants USDA Grant Meal Donations Transfer from Borough Grant Fund In-Kind Support Total Revenue Expenditures Senior Citizen Access Congregate Meals Home Meals Senior Transportation Total Expenditures Contribution To/(From) Fund Balance: Beginning Fund Balance Transfer to Borough Grant Fund Original Current Council Actual Actual Budget Budget Projection Approved FY 2005 FY 2006 FY 2007 FY 2007 FY 2007 FY 2008 $ 97,969 $108,942 $108,549 $ 112,349 $ 112,392 $ 117,438 11,133 10,706 12,000 12,000 12, 000 12,000 48,810 SQ914 49,883 49,883 53:000 50,000 983 1,062 17,543 17,543 14,383 30,855 10, 850 1 Q 850 10, 850 10, 850 10, 850 10, 850 169,745 182,474 198,825 202,625 202,625 221.143 49,811 54,610 62:614 66,414 66,414 69,442 56,863 61,761 60,583 60,583 60,583 66,640 52,783 56,945 62,545 62,545 62,545 70,099 10,288 9,158 13,083 13,083 13,083 14,962 169,745 182,474 198,825 202,625 202,625 221,143 Ending Fund Balance $ - $ - $ - $ - $ - $ - City Of Kenai Fiscal Year 2008 Operating Budget Revenues" PERS Grant KPB Grant United Way Choice Waiver Grant MASST Grant Rents and Leases Donations Other Transfer-in from General Fund Total h'P8 Senior Fund Expenditures Senior Center Choice Waiver MASST Grant Total Expenditures Contribution To/(From) Fund Balance, Beginning Fund Balance Fund Balance Adjustment for leave Budget Projection Fund: 025 Senior Citizen Fund Original Current Council Actual Actual Budget Budget Projection Approved FY 2005 FY 2006 FY 2007 FY 2007 FY 2007 FY 2008 $ - $ 5,131 $ - $ 4,397 $ 4,397 $ 15,290 95,320 95,320 95,320 95,320 95,320 95,320 16,756 20,112 20,000 21,000 21,000 20,000 93, 043 119, 862 112,140 112,140 125, 000 130, 000 - 2,468 24,631 24,631 24,631 24,631 18, 950 14, 081 15, 000 15, 000 16, 500 15, 000 13,467 18,458 8,000 8,000 14,500 12,000 1,418 192 4,397 - 5,600 1,400 23.563 25,000 25.000 25,000 25,000 36,000 262,517 300,624 304,488 305,488 327,551 349.641 242,008 272,705 194,431 195,978 192,878 234,976 - 105,655 114,179 114,179 114,179 127,687 - 2,468 24,631 24,631 24.631 24,631 242,008 380,828 333,241 334,788 331,688 387.294 20,509 80,204 2( 8,753) (29,300) (4,137) (37,653) 146,051 166,560 47,745 86,356 86,356 82,219 Ending Fund Balance $166,560 $ 86,356 $ 18,992 $ 57,056 $ 82,219 $ 44,566 City Of Kenai Fiscal Year 2008 Operating Budget Fund: 009 - 62 Congregate Housing Fund Original Council FY 2005 FY 2006 FY 2007 Projection Approved Description Actual Actual Budget FY 2007 FY 2006 REVENUES Rents and Leases $ 255,396 $ 275,185 $ 275,000 $ 280,000 $ 299,000 Interest onlnvestments 11,085 13,463 14,500 18,000 20,000 Miscellaneous - 800 707 714 2,427 Total Revenue 266,481 289,448 290,207 298,714 321,427 EXPENSES 480,219 354,514 347,034 365,861 441,591 Net Income (loss) (213,738) {65,066 (56,827) (67,147) (120,164) Beginning Retained Earnings 514,398 424,747 483,768 483,768 540,708 Credit for Depreciation 124,087 124,087 124,087 124,087 124,087 Ending Retained Earnings $ 424,747 $ 483,768 $ 551,028 $ 540,708 $ 544,631 Suggested by: Administration CITY OF KENAI ORDYNANCE NO. 2239-2007 AN ORDINANCE OF THE COUNCIL OF THE CI`T`Y OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WILDWOOD WATER MAIN 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 far contract administration; and, WHEREAS, the bids for the project came in higher than expected such that the project is short about $90,000 including $43,000 for contingency; and, WHEREAS, it is in the best interest of the City of Kenai to build this vaater 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 StreetJSewer 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 Esfimated revenues and appropriations be increased/decreased as follows: FY06 Street/Sewer Capital Proiect Fund Decrease Estimated Revenues: Appropriations of Fund Balance $50,000 Decrease Appropriations: Construction $50,000 Wildwood Water Main Capital Proiect Fund Increase Estimated Revenues: State Grant #07-DC-321 $50,000 Increase Appropriations: Construction $50,000 7 Ordinance 2239-2007 Page Two Section 2: The following budget transfers be made: Wildwood Water Main Capital Proiect Fund From: Administration ~wG0,000 To: Construction $40,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA., this su.-th day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol L. F'reas, City Clerk Introduced: Adopted: Effective: 8 Approved by Finazice (OS/3l/2007) hl June 6, 2047 June 6, 2007 June 6, 2007 Suggested by: Administration CITY OF KEPIAI RESObU'CYCDN IV®. 200T-2? A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 AND ENDING JUNE 30, 2008. WHEREAS, the Code of the City of Kenai requixes that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the CouncIl has adopted the "City of Kenai 2007-2008 Annual Budget," which estimates property tax revenue based, upon a tax rate of 4.5 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 2007 and ending June 30, 2008 be fixed at 4.5 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol Z. Freas, City Clerk Approved by Finance: ~5 (OS/14f2007) hl 9 Suggested by: Administration cIT~ o~ x;~;l~~al 1ESOLUTION N17. 2007-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $20,250 IN THE STREET DEPARTMENT TO PURCHASE A USED DUMPfiRUCK. WHEREAS, it is in the best interest of the City of Kenai to replace our aging dump truck due to difficulty in obtaining parts; and, WHEREAS, the City has located a newer used dump truck that the state surplus properts~ department is selling; and, WHEREAS, funds are available in the Street Operating Supplies account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Streets -Operating Supplies $20,`750 To: Streets -Machinery & Equipment $20,250 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June 2007, PAT PORTER, MAYOR ATTE5T: Carol L. Freas, City Clerk 0 Approved by Finance:_____ (05/21/2007) hI 10 Suggested by: Administration CITY OF KENAY RESOLUTION N®. 200?-29 A RESOLUTION OF THE COUNCIL OF THE CITI' OF KENAI, ALASKA., TRANSFERRING $&,762.16 IN THE PRISM FUND FOR SALARIES. WHEREAS, salaries paid after March 12, 2007 at the PRISM Training Facility need to be accounted for in the PRISM Fund; and, WHEREAS, funds are available for transfer from the Professional Services account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: PRISM Fund From: Professional Services To: Salaries and Benefits $8,762.16 $8,762.16 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this such day of June 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:_~~ (05/21J2007) hl 11 MEMORAl°aI?UM To: City Council Through: Riclc Koch; City Manager ~ From: Larry Semmens, Finance Director Date: May 21, 2007 Subject: PRISM: Fund budget transfer resolution This resolution is a housekeeping resolution to properly account for salaries paid at the PRISM Training Facility after the State asstuned operations. If the State would. have had their own employee's working at the facility after March 12, the City would be paying for those services from the PRISM Fund professional services account. However, since the City continued to pay salaries through the end of April, the proper accounts to use are the PRISM Fund. salaries and benefits accounts. This resolti~fion establishes the budget needed to properly account for salaries paid by the City chat the State of Alaska is responsible for. 12 Suggested by: Administration CITY OF KENAI RES®LUTtON NO}. 200'7-30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO JACKSON ENTERPRISES TO FURNISH AND DELIVER UNLEADED FUEL AND DIESEL FUEL NO. 1 AND NO. 2. WHEREAS, the fallowing bids were received on May 30, 2007: and, Harbor Enterprises Iac. Furnish and Delioer: D$A Jackson Alaska Oil Sales Ente rises Unleaded (Dock( City's Price er allon Non res onsive 2.495 Diesel No. 1 (Generators) Ci 's Price er allan Non res onsive 2.435 Diesel No. 2 {Dock) City's Price er allon Non res onsive 2.385 WHEREAS, Alaska Oil Sales' bid was incomplete and therefore non responsive; and, GVHEREAS, Jackson Enterprise's bid for Unleaded Fuel and Diesel No. 1 and No. 2 is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award a contract to Jackson Enterprises for Unleaded Fuel and Diesel No. 1 and No. 2 for the prices quoted in the bid; and, WHEREAS, the City's price per gallon for fuel will fluctuate both as an increase or decrease at the same rate as the vendor's supply price; and, WHEREAS, sufficient monies aze appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA., that a contract be awarded to Jackson Enterprises for furnishing and delivering Unleaded Fuel and Diesel No. 1 and No. 2. PASSED BY THE COUNCIL OF THE CITY OF K)/NAI, ALASKA, this sixth day of June 2007. ATTEST: Carol L, Freas, City Clerk Approved by Finance: __ PAT PORTER, MAYOR 13 CITY OF KENAI RESOLUTYON NO. 20{37.31 Suggested by: Administration A RE50LUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO D 8v L CONSTRUCTION CO., INC. FOR THE PROJECT ENTITLED WILDWOOD WATER MAIN - 2007 FOR THE TOTAL AMOUNT OF X431,842 WHICH INCLUDES THE BASIC BID. WHEREAS, the following bids were received on May 30, 2007: Bidder ~ Basic Bid I Additive Sche dule ~ Alternate Total Basic Bid & Additive Alternate D 8r, L Construction Co., Inc. ~ N. Star Pavin & Construction, Inc, $ 431,842.OD , $47 121.00 447 LSO.00 64,042.00 $ 478,963.00 , 511,192.00 Peninsula Constructian, inc. i 478 469.00 74 605.00 553,074A0 ' Zubeck, Inc. 564,456.00 63,310.00 644,776.00 Twin Peaks Construction, Inc. 1,106,646.00 95,075.00 1,201,721.00 En 'neer's Estimate 418,440.00 61,960.00 480,400.C0 ;and, WHEREAS, D & L Construction Co., Inc.`s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, this resolution is contingent upon Alaska Department of Corrections' approval; and, WHEREAS, the recommendation from the City Administration and the Department of Corrections is to award the contract to D & L Construction Co„ Inc, for the total cost of $431,842 which includes the Basic Bid; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Wildwood Water Main - 2007 be awazded to D & L Construction Co., Inc. for the total amount of $431,$42. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2007. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: 14 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2407-32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $22,000 IN THE GENERAL FUND TO PURCHASE RECORDS MANAGEMENT SOFTWARE FOR THE CLERK DEPARTMENT. WHEREAS, it is in the best interest of the City of Kenai to have a modern records management system; and, WHEREAS, the City has invested significant time in preparing and scanning records to the Laserfiche records system; and, WHEREAS; the version of the Laserfi.che software we are using is no longer supported and must be upgraded; and, WHEREAS, funds are available for transfer from the Clerk Professional Services, Legislative Advertising and Non-departmental Contingency accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Clerk -Professional Services $7,000 Legislative -Advertising 2,000 Non-departmental -Contingency 13,000 ~2 000 To: Clerk -Machinery and Equipment 22 060 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freers, City Clerk Approved by Finance: j05j3i/2007} h1 15 Suggested by: City Manager CITY OF KENAI RE60LffTION Id®. 2007-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING APPROVAL OF A PROVISIONAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR KENAI LANDING, INC ("KLI") FOR PUBLIC WATER UTILITY SERVICE. WHEREAS, the City of Kenai has Cert~cate of Public Convenience and Necessity No. 125 issued by the Regulatory Commission of Alaska to provide public water utility service isx a service area in and around Kenai; and, WHEREAS, KLI has applied to the Regulatory Commission of Alaska for a Provisional Certificate of Public Convenience and Necessity to operate a water utility service for the following property: Lot 1, Kenai Landing Subdivision official Plat No. 2005-29 containing approximately 6.86 acres, more or less. 2. The south 330 feet of the south one-half of the northwest one-quarter, the south 330 feet of US Gov't Lot L4, and a 30 foot road easement being the west 30 feet of the northwest one-quarter of the northwest one- quarter, aL situated within section 7.7, TSN, R11W, Seward Meridia~7, Alaska, in the Kenai Recording District. The northwest one-quarter of the northwest one-quarter of the northwest one-quarter, and the north one-half of the south one-half of the northwest one-quarter of the northwest one-quarter, and Gov't Lot 13, and the north one-half of Gov't Lot 14, all situated within section 17, TSN, R11W, Seward Meridian Alaska, in the Kenai Recording District. and, WHEREAS, the proposed service area of KLI is w'ithil7 the water utility service area granted to the City of Kenai by the Regulatory Commission of Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai. City Manager is authorized to submit to the Regulatory Commission of Alaska such material as may be necessary to allow KLI to operate a water utility within the above described property under a Provisional Certificate of Public Convenience and Necessity, as described in KLI's application materials to the Regulatory Commission of Alaska, subject to the terms noted below; and, BE IT FURTHER RESOLVED, the City Manager is authorized to negotiate such terms as are appropriate for the City so that, among other things, (1) the KLI water distribution system is properly engineered and constructed to be compatible with the City's water utilities in the event that systems are connected in the future, and (2) KLI's 16 Resolution No. 200'7-v3 Page 2 of 2 Provisional Certificate of Public Convenience and Necessity for water utility wiIl be canceled at such time as KLI's wafer system is connected to the City's water utilits~ if such connection is made; and, BE IT FURTHER RESOLVED, upon the successful negotiation of appropriate terms as noted above, the City of Kenai supports KLI's application and provision of water utility service to the area proposed as acost-effective way to provide utility service in this area that is a significant distance from the existing City of Kenai water distribution system, PASSER BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of June, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 17 ~.:.~.. t/re~cily c f' KENA~ SIfA „!/illa~e with a Past, Git~ with a Fr~tc~Ye °, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX: 907-283-3014 1~~~~1 7992 MEMO: TO: City Council FROM: Rick Koch DATE: May 31, 2007 SUBJECT: Kenai landing Inc., Request for a Rrovisional CertlFcate of Public Convenience & Necessity (Water) The purpose of this correspondence is to submit For your review and. approval a resolution authorizing the city mvtager to negotiate and enter into an agreement with Kenai. Landing Inc., (KLI) approving the provisional transfer of a portion of the City of Kenai's water service area. KLI has requested that the city agree to the issuance of a provisional certificate of public convenience and necessity for the operation of a public water system. on property owned by KLI and Salamatof Native Association in the area of Cannery Road and Bowpicker Lane. This area is not presently served by the city's water utility, and given its location on. the south side of the Kenai River it is doubtful the city's utility will serve this area in the foreseeable future. By authorizing the city manager to negotiate and enter into this agreement allowing a provisional certifrcate to be issued. to KLI, KLI will be able to move forward with a planned development of residential and retail units. The city at it's option retains the right to request the area for which the provisional certificate is granted be transferred back to the city at no cost, at some future date if the city is willing and able to operate it's public water utility in this area. Administration recommends approval of this resolution. i zs AGREEMENT This is an Agreement among Kenai Landing whose address is 2101 Bowpicker Lane, TCenai Alaska 99611 (horeinafter KLI}; and the City of Kenai (City), an Alaska municipal corporation, whose address is 21.0 Pidalgo Ava., Kenai, AIC 99611. This Agreement is based on the following premises: A. The Agreement pertains to the following described. real property: 1. hot 1, Kenai Landing Subdivision official plat no.2005-29 containing approximately 6.86 acres, more or less. 2. The south 330 feet of the south one-half of the northwest one-quarter, the south 330 feet of US Gov't Lot 14, and a 30 foot road. easement being the west 30 feet ofthe norEhwestone-quarter of the northwest onequarter, all situated within section 17, TSN, RI 1 W, Seward Meridian, Alaska, in the Kenai Recording District. 3. The noxtl.west one-quarter of the northwest one-quarter of the i~orfriwest one- quarter, and the north one-half of the south one-half of the northwest one- quarter ofthe northwest one-quarter, and Gov't. Lot 13, and the north one-half of Gov't Lot 14, all situated withuz section l7, TSN, Rl 1 W, Sewazd Meridian Alaska, in the Kenai Recording District. B. KLI has applied to the Regulatory Commission of Alaska (RCA) requesting authority to create a wafer utility service area for Certificate of Public Convenience and Necessity No. to include the area described above. C. The Area is located inside the City's water service area under Certificate I25. The City timely commented upon KLI's request to the RCA, D. The parties recognize that fire protection is an important function of a water system and that the installation of six-inch mains (minimum}, valves, etc, to support the higher water volumes and pressures necessary for effective fire protection can most economically be incorporated into the Subdivision water system at this fime. E. Af the time this agreement is approv®d by all parties, KLI will transfer to the City alI it's right, title and interest in and to the entire community water system, axed the transfer document shall be attached to this Agreement. Kenai. Landing-Kenai RCA t~~ater System Agreement Page 1 of I1 19 F. The City Couucil approved Resolution No. on , authorizing the transfer of a portion of the City water utility service area to Kenai Landing and authorized the city manager to negotiate appropriate teens and, upon successful completion of those negotiations, to submit to the Regulatory Commission of Alaska such material as may be necessary to allow the transfer. Now, Therefore, in consideration of the terms, canditions and covenants set out below, the parties agree as follows: 1. Citv's Consent to Transfer of Authority. Subject to the teens and conditions of this Agreement, the City joins with. KLI in requesting a temporary transfer of the City's water service authority for the Area from the City to KI,I until such time as the City is able and willing to serve the Area at which future time the Certificated right and duty to serve the Area will revert back to the City. KLT accepts the relationship of trust and confidence between KLI and the City regarding the transfer of authority to Kenai Landing and their duties, representations, and covenants under this Agreement. 2. Notice Re Conditions. The parties recognize that many of the duties set out in this Agreement are subject to the condition that the RCA (i} approves the transfer of water service authority for the Area from the City to KLI, and (ii}, after being notified of this Agreement, indicates no intention contrary to unplementation. ofthe entire Agreement. The parties agree to duly execute the Exhibits described below in substantially the same form as are attached to this Agreement at such time as they are necessary, provided that the Exhibits contain the condition relating to the RCA approval and na contrary intent. The Schedule of Exhibits is as follows: A. KLI's request to transfer back to the City of the authority to serve the Area; B. KLI's conveyance, transfer and assignment to the City of all their right, title and interest in and to the entire community water system; and C. Engineer's Certificate. 3. Transfer Back of Authority to City. KLI agrees to join with the City in requesting a transfer back to the City of the water service authority far the Area effective upon the City Council's request for such when the City is able and willing to serve the Area. 4. Transfer of the "Entire Community Water Svstem." Upon such transfer back of RCA autharity to the City, KLI shall convey, transfer, and assign all their right, title, and interest in and to the Entire Community Water System in the Area (ECWS} to the City, and shall execute at that time the document entitled "Conveyance, Transfer and Assignment," attached as Exhibit B. The term ECWS shall. include all pipes, valves, and all other equipment necessary or Kenai Landing-Kenai RCA Water System. Agreement Page2of11 20 accessory to the water system in the Area, but shall not include those components of the water system located on the Wall Site Tract that are not needed to operate or maintain the water system when it is served by the City. In addition, the parties agree that the costs and expenses of any physical connection to the City's water system shall be borne by the City, which may also iaiclude the costs and expenses of physicaIly disconnecting the well located on the Well Site Tract from the water system. The City at its option for cash array purchase the Well. Site Tract and well site improvements at its appraised value, to be conducted by an MAI certified appraiser. Any dispute over the valuation of the Well site tract and well site improvements shall be resolved under "Resolu&on of Disputes by Arbitration". The City is not required to pay KLI for the ECWS as it is assumed KLI will have been reimbursed for costs associated with the construction of the ECWS through revenues generated by the development. 5. Negative Pledge; Security Interest. KLI agrees it shall. not convey, transfer, or assign any right, title or interest in or fo any of the entire community water system improvements to any person other than the City, whether for ownership, security, or otherwise, without first obtaining the City's written approval. By execution of this agreement, the city hereby grants approval of any assignment of title and interest to a commercial bank ar lender for the sole purpose of acquiring financing for the initial construction of improvements, in an amount not to exceed 90% of the value thereof. 6. Standard Specifications; Eydxants. KLI covenants to the City that the entire community water system in the Area shall be constructed in a good and workmanlike manner hi accordance with. Alaska Department of Environmental Conservation specifications and also subject to the reasonable approval of and incompliance with the standard specifications of the City regarding water utilities, to include without limitation the installation of six-inch mains (minimum) and valves that are designed, constructed, and tested to withstand water pressure in accordance with the City's standard specifications. This covenant does not include any duty to construct or install fire hydrants. The City may later install hydrants and may subject the Subdivision lots and Tract to a local improvement district to pay for the purchase of the hydrants and required pipes and valves and for the installation. 8. Professional Enaaneer. Kenai Landing covenants to the City that the community water system for the Area has been designed by, and the construction and testing has been overseen by a professional engineer, currently registered as such by the State of Alaska, who is reasonably skilled and knowledgeable regarding community water systems. Kenai Landing also covenants to the City that the engineer shall certify to the City that the water system was duly designed, constructed, and tested in compliance with Alaska Department of Environmental Conservation and City standards for water systems, all as stated in the Certificate, a copy of which is attached as Exhibit C wherein the engineer owes the engineer-client duties to the City. Kenai Landing-Kenai RCA Water System Agreement Page 3 of I 1 21 All fees, costs and expenses related to the engineering services shall be bonle by Kenai Landing. Kenai Landmg shall provide the City with a copy of the final as-built plans far the community water system. 9. Easement. KLI covenants to the City that the entire community water system improvements for the Area, including all water mains and the portion of service lines from the water mains to and including the curb-stop valves, shall be constructed in a permanent utility easement reasonably satisfactory to the City so that the water system can be reasonably operated and. maintained without going outside of the easement. Utility Easements shall be a minimum width of 30 feet, and the mains, valves and other improvements shall be centered in the easements. The parties agree that the utility easement may be located in the street rights-of way. 12. Miscellaneous. a. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon successors, assigns and legal representatives of the parties. b. Law, Venue. Any disputes arising out of this transaction shall be governed by the Laws of the State of Alaska. Venue far an}~ court proceeding or legal proceedings not involving the RCA shall be in Kenai, Alaska, only, which venue requirement may be waived. by the City. d. Interpretation. This Agreement and the Exhibits hereto are not be construed against any party as drafter as aI1 parties have had the opportunity to draft this Agreement and the Exhibits ar participated in drafting this Agreement and the Exhibits. e. Entire Agreement. This writing contains the entire agreement. There are no understandings, oral or written, which. in any manner change or erilarge what is set forth herein. This agreement may be modified only by written agreement of the pariies. Kenai. Landing-Kenai RCA Water System Agreement Page 4 of 11 22 KLI IS ADVISED TO CONSUZT WITH THEIl2 OWN ATTORNEY TO REVIEW THIS AGREEMENT AND THE EXHIBITS HERETO. Kenai Landing, Inc. Date Date Date City of Kenai Date: Rick R. Koch, City Manager STATE OF ALASKA ) } ss: THIl2D JUDICIAL DISTRICT } The foregoing instrument was acknowledged b afare me this day of , 2004, by Notary Public in and for Alaska. My Commission Expires: STATE OF ALASKA } ss: THIltD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged b efore me this _day of , 2004, by Notary Public in and for Alaska My Commission. Expires: Kenai Landing-Kenai RCA V~'ater System Agreement Page 5 of 11 23 STATE OF ALASKA ) ss: THIRD JL7DICL4L DISTRICT ) The foregoing instrument was acknowledged before me this _day of , 2004, by Notary Public in and. for Alaska My Commission Expires: STATE OF ALASKA } ss: THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this _day of , 2004; by Rick R. Koch, City Manager of the City of Kenai, on behalf of the City. _- Notary Public in and for Alaska My Commission Expires: Kenai Landing-Kenai RCA Water System Agreement Page 6 of 11 24 EXHIBIT A REQUEST TO TRANSFER BACK AUTHORITY TO THE CTTY OF KENAI TO: Regulatory Commission of Alaska In accordance with that certain Agreement between Kenai Landing, Ina (KLI), whose address is 2101 Bowpicker Lane, Kenai, Alaska 99611 and the City of Kenai (City}, an Alaskan municipal corporation, whose address is 210 Fidalgo Ave., Kenai, AK 99611, dated the _ day of , 2 ,KLI herebyjains with the City in regaestiug the Regulatory Commission of Alaska to transfer back to the City the water service authority for the below-described Area. The Area 'is described as follows: 1. Lat 1, Kenai Landing Subdivision official plat no. 2005-29 containing approximately 6.86 acres, more or less. 2. T'iie south 330 feet of the south one-half of the northwest one-quarter, the south 330 feet of US Gov't Lot 14, and a 30 foot road easement being the west 30 feet of the northwest one-quarter of the northwest one-quarter, all situated within section 17, TSN, Rl l W, Seward Meridian, Alaska, in the Kenai Recording District. 3. The northwest one-quarter of the northwest one-quarter of the northwest one- quarter, and the north one-half of the south one-half of the northwest one- quarter ofthe northwest one-quarter, and Gov't Lot 13, and the north one-half of Gov't Lot 14, all situated within section 17, TSN, RE 1 W, Seward Meridian Alaska, in the Kenai Recording District. located in the Kenai Recording District, Alaska. I{LI's request is subject to the condition that the RCA approved the transfer of water service authority for the Area-from the City to KLI in accordance with the above-described Agreement. Date: KLI, By: EXHIBIT A Title: Kenai Landing-Kenai RCA Water System Agreement Fage 7 of 11 25 EXHIBIT B CONVEYANCE, TRANSFER AND ASSIGNMENT In accordance with that certain Agreement between Kenna Landing, Ina (Grantor/Seller, or KLI), whose address is 2101 Bowpicker Lane, Kenai, Alaska 99611; and the City of Kenai (GranteeBuyer or City), an Alaskan municipal corporarion, whose address is 210 Fidalgo Ave., Kenai, AK 99611; dated the _ day of , 2 , KLI for and in consideration of the sum of Ten Dollars ($10.00} and other valuable consideration in hand paid; convey, warrant, transfer, and assign to the Crty the "entire comrnunity water system" located in 1. Lot 1, Kenai Landing Subdivision official plat no. 2005-29 containing approximately 6.86 acres, more or less. 2. The south 330 feet of the south one-half of the northwest one-quarter, the south 330 feet of US Gov't Lot 14, and a 30 font road easement being the west 30 feet of the northwest one-quarter of the northwest one-quarter, all situated wi±hin section 17, TSN, R11 W, Seward Meridian, Alaska, in the Kenai Recording District 3. The northwest one-quarter of the northwest one-quarter of the northwest one- quarter, and the north one-half of the south one-half of the northwest one- quarter ofthe northwest one-quarter, and Gov't Lot 13, and the north one-half of Gov't Lat 14, all situated. within section 17, TSN, Rl 1 W, Seward Meridian Alaska, in the Kenai Recording District. located in the Kenai Recording District (the Area). To have and to hold. the same unto said GranteeBuyer and its assigns forever. Grantor/Seller does for itself, its executors, administrators, and assigns covenants and agrees to and with. GranteeBuyer to warrant and defend title to the above-described goods and chattels hereby sold unto Grazitee/Buyer and. its assigns against all and every person and persons whomever. EXHIBIT B Kenai Landing-Kenai RCA Water System Agreement Fage 8 of 11 26 The term "entire comtunity water system" shall include the community water system in the Area, including but not limited to that portion of the system in the public right-of--way, but shall exclude those portions of the water system located an the Well Site Tract that are not needed to operate or maintain the water system w hen it is served by the City and is not serviced by the well on the Tract. This conveyance; transfer and assigmnent is subject to the condition that the Regulatory Commission. of Alaska approved the transfer of water service authority for the Area from the City to KL.I in accordance with the above-described Agreement. Date: STATE OB ALASKA ) ss. THII2D JUDICIAL DLSTRICT ) KLI, By: Title: On this _ day of 2007, before me personally appeared. , known to me to be the person whose name is subscribed on the foregoing Conveyance, Transfer and. Assignrnant, and acknowledged that he/she executed the same as his/her free will and dead. Notary Public in and for Alaska My Commission Expires: EXHIBIT B Kenai Landing-Kenai RCA Water System Agreement Page 9 of 11 27 EXHIBIT C ENGINEER'S CERTIFICATE To: City of Kenai, Alaska herein after "Engineer," has been employed by Kenai Landing, Inc. (KLI) to provide engineering services regarding the Kenai Landing Community Water System, ]ocated in the Kenai Recording District, Alaska (the Area), which is: 1. Lot 1, Kenai Landing Subdivision. official. plat no. 2005-29 containing approximately 6.86 acres, more or less. 2. The south 330 feet of the south one-half of the northwest one-quarter, the south 330 feet of US Gov't Lot 14, and a 30 foot road easement being the west 30 feet of the northwest one-quarter of the northwest one-quarter, alI situated within section 17, TSN, R1.1 W, Seward Meridian, Alaska, in the Kenai. Recording District. 3. The northwest one-quarter of the northwest one-quarter of the northwest ane- quarter, and. the north. one-half of the south one-half of the northwest one- quarter ofthe northwest one-quarter, and Gov't Lot 13, and the north one-half of Gov't Lot 14, all situated within section 17, TSN, Rl l W, Seward Meridian. Alaska, in the Kenai Recording T3istriet. which is located in the water service area of the City of Kenai (the City}, Engineer represents and warrants to the City that the Engineer is a Professional Engineer, currently registered as such by the State of Alaska, who is reasonably skilled and knowledgeable regarding community water systems. Engineer hereby certifies to the City that the water system in the Area was duly designed, constructed, and. tested in compliance with the State of Alaska/ADEC standard specifications far Class A cormmunity water systems. Engineer agrees to pzovide design and as-built information to the City as if the City were a client of Engineer. Engineer acknowledges that the City of Kenai owes Engineer no payment regarding this Certificate and that Engineer is to be compensated by KLI. EXHIBIT C Kenai Landing-Kenai RCA Water System Ageement Page 10 of 1I 28 Dated: ENGINEER (SEAL) EXHIBIT C Kenai Landing-Kenai RCA Water System Agreement Page 11 of 11 29 AGENDFs IfENAI CITY COUNCIL, - REGULAR MEETING MAY L6, 2007 7:00 P.M. IfENAI CITY COUNCIL CHAMBERS httn: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda Ail 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) YTEM 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. 2226-2007 --Amending KMC 23.50.010 by Changing the Range of the Planner (Class Code 117) From a. Range l4 to a Range 16, (Clerk's Note: Ordinance No. 2226-2007 was postponed ai the May 2, 2007 councQ meeting. The motion to adopt is actiue.) 2. Ordinance No. 2227-2007 -- Amending KMC 21.10.080 by Adding a Section that Allows the Council by Resolution to Grant a Lessee the Contractual Right to a Lease Renewal Upon Such Terms and Conditions as the Council Determines are in the Best Interest of the City. (Clerk's Note: Ordinance No, 2227-2007 was postponed at the May 2, 2007 council meeting. The motion to adopt i5 active.) 3. Ordinance No. 2229-2007 -- Increasing Estimated Revenues and Appropriations by $12,000 in the Senior Citizens Fund £or Operating Supplies. 4. Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a 30 Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years, 5. Ordinance No. 2231-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund for Paving Vehicle Parking. 6. Ordinance No. 2232-2007 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Storage Building Capital Project Fund for Construction of a Urea Storage Building. 7. Ordinance No. 2233-2007 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Fund for Construction and Paving a Cargo Pad. 8. Resolution Na. 2007-06 (as Substituted) -- Approving the Lease Form for Leases of Airport Reserve Property. CCterk's Note: Resolution No. 2007-06 (as substituted) was postponed from the April 4 and May 2, 2007 council meetings. The motion to approue Resatuiion No. 2007-06 is active.) a. Substitute Resolution No. 2007-OB -- Approving the Lease Form for Leases of Airport Reserve Property. 9. Resolution No. 2007-24 -- Supporting Passage of the Alaska Gasline Inducement Act (AGIA) in Order to Encourage the Expedited Development of Alaska's Natural Gas Resources. 10. Resolution Na. 2007-25 -- Transferring $10,000 in the Water and Sewer Fund to Purchase Operating Supplies. 11. Resolution No. 2007-26 -- Setting the Public Hearing Date on the Proposed Shamrock Circle Paving District. ITEM F: MINUTES '"Regular Meeting of May 2, 2007. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2234-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Donations to the Disc Golf Course. 31 4. *Ordinance No. 2235-2bb7 -- Increasing Estimated Revenues and Appropriations by $3,004 in the General Fund for Police Canine Purchase and Training. 5. *Ordinanee No. 2236-20b7 -Adopting the Annual Budget far the Fiscal Year Conuneneing July 1, 2007 and Ending June 30, 2008. 6. Approval -- Library Out-of--State Fees. Discussion -- Dip Net Dock/Beach Parking Fee Discounts for Cify Residents. 8. Discussion -- Operating Budget 2008/Cable TV Coverage of Regular Council Meetings. 9. Discussion -- City of Kenai Appointment to Kenai Peninsula Borough Planning Commission. 10. Discussion -- Farmatioa of Beautification Committee Subcamnuttee/Enhancement of Property Fronting Home Depot ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Conunission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Camznittees a. Beautification Committee b. Alaska Municipal League Report c. Joint Kenai River Working Group ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATYON REPC7RT5 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item tilts tegistaiion which. wits be addressed at a Later date as noted.l 32 Ordinance No. 2202-2006 -- Amending KMC 11.05.Og0 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 / 27/07, 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 Sndustrial and SuUurban 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, na time certain.) EXECUTIVE SE88ION -- None Scheduled ITEM M: ADJOURNMENT 33 KENAI CITY COUNCIL -REGULAR MEETING MAY 16, 2007 7:00 P.M. KENAY CITY COUNCFL CHAMBERS httn; / lwcvcv.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:04 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter Ied those assembled in the Pledge of Allegiance. A-2. ROLL CALL 'I`he City Clerk took roll. Present were: Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Molloy MOVED to amend the agenda by removing Resolution No. 2007-24 and adding Substitute H-2. Council Member Moore SECONDED the motion and requested UN.4IVIlV[OUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. YTEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes 34 A quorum was present. KENAI CI'T'Y COUbTCIL MEETING MAY 16, 2007 PAGE 2 Joel Caldwell, 48405 Bernice Avenue, 5oldotna, Ag -- Caldwell, representing Arctic Barnabas Ministries, thanked the council for its support of their building project on willow Street. Caldwell also spoke in support of 55-year leases for airport lots related to Ordinance No. 2230-2007. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.} E-l. Ordinance No. 2226-2007 -- Amending KMC 23.50.010 by Changing the Range of the Planner (Class Cade i 17j Frarn a Range 14 to a Range 16. (Clerk's Note: Ordrnance No. 2226-2007 was postponed at the May 2, 2007 council meeting. 7'he motion to adopt rs active.) There were no public comments. Council comments included reference to whether the position should have non-exempt or exempt status. City Attorney Graves reported the Department of Labor was sent a copy of the job description with job duties and the telephonic comments received was the posifion would not be exempt under the Fair Labor Standards Act. A formal opinion has been requested. Administration was requested to provide a written addendum to the file to indicate that if the position is found to be exempt, an increase in range would take place. VOTE: '"Student Representative DeMella; Yes E-2. Ordinance No. 2227-2007 -- Amending KMC 21.10.0$0 by Adding a Section that Allows the Council by Resolution to Grant a Lessee the Contractual Right to a Lease Renewal Upon Such Terms and Conditions as the Council Determines are in the Best Interest of the City. (Clerk's Noie: Ordinance No. 2227-2007 was postponed at the May 2, 2007 council meeting. 7'he motion to adopt is act2ue.) 35 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MAY 16, 2007 PAGE 3 The public hearing was opened. Flick Baldwin, Chair, KEDS Team, 3080 Kim-n-Ang Court, Kenai -- Baldwin stated I{EDS had. reviewed the ordinance and proposed amendments and supported the ordinance and amendments. Council Member Molloy reported the Airport Commission also reviewed the ordinance and recommended a modification be added to indicate a renewal would be available to ac~iation tvpe businesses only. Jaei Caldwell, Arctic Barnabas Ministries, 48405 Bernice Avenue, Soldotna -- Caldwell reported his company had just gone through the new lease process and stated his support of the ordinance. Discussion followed adth review of the ordinance. It was noted, the ordinance would be a tool to give flexibility in deciding what is important at the airport and what the development would be would dictate whether or not administration would recommend a guaranteed right of renewal and what conditions would be around it. It was also noted the Airport Commission recormnended there be a contractual right of renewal limited to aviation business and the renewal term not exceed 35 years. VOTE: *Student Representative DeMello: Yes Swamer Yes Eldrid e ;Yes Ross Yes Molloy ~ Yes ,Boyle j Yes ~ Porter Yes ~ (Moore i Yes ~ ( ~ ~-~ MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2229-2007 -- Increasing Estimated Revenues and Appropriations by $12,000 in the Senior Citizens Fund for Operating Supplies, MOTION: Cowlcil Member Eldridge MOVED far adoption of Ordinance No. 2229-2007 and Council Member Molloy SECONDED the motion. There were no public or council comments. MOT%ON TO AMEND: 36 KENAI CITY COUNCIL MEETING MAY 1&, 2007 PAGE 4 Council Member Boyle MOVED to amend Ordinance No. 2229-2007 by increasing the miscellaneous donations to $7,000 and the total increase to operating supplies as $13,000. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: MOTiOPd PASSED UNAP~IFMOUSLY. VOTE ON MOTION AS AMENDED: *Student Representative DeMella: Yes Swarner Yes ~ Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes i MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2230-2007 --Amending KMC Z1.I0.090(d)(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. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2230-2007 and. Couneff Member Ross SECONDED the motion. Rick Baldwin, Chair, KEDS Group -- Spoke in favor of the ordinance as it would allow a longer maximum lease term in order to give potential lessees a return on their investments; value in the long term; incentive for upkeep and getting as much cash out in a short amount of time in the short term; and, hoped council would allow exceptions as projects come along. Molloy reported the Airport Cornnussion felt 55 years was too long for a renewal. period and recommended the lease term should not exceed 35 years with a 35-year renewal. 37 *Student Representative DeMeIIo: Yes KENAI CITY COUNCIL MEETING MAY 16, 2007 PAGE 5 Tt was noted, a project would have to meet the many requirements and the Airport Commission and Council would have to approve the lease. VOTE: *Student Representative DeMello: Yes Swarner Yes , Eldrld e Yes Ross Yes Mollo No i Bovle No Porter Yes Moore No ~ i MOTYON PASSED. E-5. Ordinance Na. 2231-2007 -- lncreasing Estimated Revenues and. Appropriations by $20,000 in the Airport Fund for Paving Vehicle Parking. MOTIflN: Council Member Molloy MOVED for adoption of Ordinance No, 2231-2007 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: *Student Representative DeMello: Yes E-6. Ordinance No. 2232-2007 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Storage Building Capital Project Fund for Construction of a Urea Storage Building. MOTYON: Council Member Molloy MOVED for adoption of Ordinance No. 223`L-2007 and Council Member Ross SECONDED the motion. 38 MOTYON PASSED UNANYMOUSLY. KENAI CITY COUNCIL MEETING MAY 16, 2007 PAGE 6 There were no pukrlic comments. Councll/Adnlinistration comments included: • Concern of the cost and need for something more than a steel building to protect the urea from the weather. • The Airport Commission recommended approval of Ordinance Nos. 2231- 2007 and 2232-2007. • The project would be avaffabie far grant funding through FAA (97.5%, including design costs). VOTE: "Student Representative DeMello: Yes Swarner Yes Eldrid e No Ross Yes Molloy Yes Boyle j Y"es Porter i Yes ',_ Moore ~ Yes ~ I r~- MOTION PASSED. E-7. Ordinance No. 2233-2007 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Fund for Construction and Paving a Cargo Pad. MOTION: Council Member Molloy MOVED for the adoption. of Ordinance No. 2233-2047 and Council Member Swarner SECONDED the motion. There were no public or council comments, VOTE: *Student Representative DeMello: Yes Swarner ,Yes Eldrid e Yes ~ Ross Yes Molly Yes Bo 1e Yes ~ Porter Yes j Moore ~ Yes ~ MOTION PASSED UNANIMOUSLY. E-S. Resolution No. 2007-06 (as Substituted} -- Approving the Lease Form for Leases of Airport Reserve Property. 39 KENAT CITY COUNCIL MEETING MAY 16, 2007 PAGE 7 (Cterlc's Note: Resolution No. 2007-06 (czs substituted) was postponed from. the Aprt1 4 and May 2, 2007 council meetings. The motion to approve Resolution No. 2007-06 is active.) There were no public comments. E-Sa. Substitute Resolution No. 200?-06 -- Approving the Lease Fonn far Leases of Airport Reserve Property. MOTION: Council Member Molloy MOVED to adopt Substitute Resolution No. 2007-06 (Item 8-a) and Council Member Eldridge SECONDED the motion. T17ere were no public comments. The memorandum included in the packet outlining changes included in the substitute resolution were reviewed. VOTE: "`Student Representative DeMello: Yes E-9. Resolution No. 2007-24 -- Supporting Passage of the Alaska Gashne Inducement Act (AGlA) in Order to Encourage the Expedited Development of Alaska's Natural Gas Resources. Removed from agenda. E-10. Resolution No. 2007-25 -- Transferring $10,000 in the Water and Sewer Fund to Purchase Operating Supplies. MOTION: Council Member Eldridge MOVED to approve Resolution No. 2007-25 and requested UNANIMOUS CONSENT, There were no pubhe or council comments. VOTE: 40 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MAY 16, 2007 PAGE 8 There were no objections to UNANIMOUS COPISENT. SO ORDERED. E-lI. Resodntion No. 2007-28 -- Setting the Public Hearing Date on the Proposed Shamrock Circle Paving District. MOTION: Council Member Molloy MOVED for approval of Resolution No. 2007-`L6 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: *Student Represertative DeMello: Yes Swarner Yes Eldrid e Yes Ross ~ Yes Molloy Yes Boyle Yes Porter I Yes Moore Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:I0 P.M. BACK TO ORDER: 8:17 P.M. Because it was Student Representative DeMello's last council meeting, athank-you gift was presentefl to him by Mayor Porter from the council in appreciation of his efforts. ITEM F: MINUTES F-I. Regulaz Meeting of Maq 2, 2007. MOTION: Council Member Molloy MOVED for approval of the regular council. meeting minutes of May 2, 2007 and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative DeMello: Yes Swarner I Yes Eldridge Yes Ross Yes 41 KENAI CITY COUNCIL, MEETING MAY 16, 2007 PAGE 9 MOTION PASSED UNANIMOUSLY. YTEM C:: UNFYNISHED Bi ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: -- None. Council Member Eldridge MOVED to ratify the bills. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. , H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED the Substitute Purchase Orders Exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2234-2007 -- Increasing Estimated Revenues and Appropriations by S2,000 in the General Fund for Donations to the Disc Golf Course. Introduced by consent agenda. H-4. Ordinance No. 2235-2007 -- Increasing Estimated Revenues and Appropriations by $3,000 in the General Fund for Police Canine Purchase and Training. Introduced by consent agenda. H-5. Ordinance No. 2236-2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008. Introduced by consent agenda. H-6. Approval -- Library Out-of--State Fees. 42 KENAI CITY COUNCCL MEETING MAY 1.6, 2007 PAGE 10 Tnfonnation included in the packet noted the Library Director had established a registration fee of $25 for out-of--state residents using the Kenai Municipal Library. Council was requested to approve the registration fee. Discussion followed during which comments included: • Statistical information offered by administration. • Whether a deposit system was considered instead of a fee for the recovery of books. • Projected revenue was estimated at $5,000. + The out-of=state user paying the fee would be able to check books out and use asit-down computer. • Concern the timing would be detrimental to the need for residents' support of the proposed library expansion. • Support of the fee unless the individual would own property within the city. The Library Cormnission recommended approval of the fee. VOTE: "Student Representative DeMe11o: No Swarner Yes Eldrid e No I Ross No Molloy No Boy_ le No I porter Yes Moore Yes FAILED. $-7. Discussion -- Dip Net Dock/Beach Parking Fee Discounts for City Residents. Council Member Moore noted the analysis included in the packet and prepared by Cffy Attorney Graves and stated he did not want to take the issue to the Supreme Court, however would like a detailed analysis of dip net costs to be able to give residents free parking and launch. Through discussion, interest was expressed to offer a discount system available for anyone or a decal for a fee valid only during dip net season. Administration was requested to collect data during this year and to compile a detailed financial analysis for further review. H-8. Discussion -- Operating Budget 2008/Cable TV Coverage of Regular Council. Meetings. 43 KENAI CITY COUNCIL MEETING MAY 16, 2007 PAGE 11 Council Member Molloy stated he believed cabie TV coverage of council meetings would be a good addition to delayed audio streaming and offer another service for keeping residents informed of city issues and activities. Discussion followed. and comments included: • Interest in partnering with the high school to do the taping. • Suggestion to take a straw poll for an indication of interest. ® Request for feedback after six months. • Request for detailed budget prior to approving an agreement (cost to the city, administration of the program, etc.) • Interest from Leadership Class at KCHS to do the taping has been stated. Start the program in the fall. Administration was requested tc move forward with developing the program and bring a proposed format to council for review. H-9. Discussion -- City of Kenai Appointment to Kenai Peninsula Borough Planning Commission. Information included in the packet noted the term of Philip W. Bryson, current City of Kenai representative to the Borough Planning Commission, would expire July 31, 2007. A letter of interest from Bryson was also included and indicated his interest in continuing his representation to the Commission. Council stated no objection to the reappointment of Phffip W. Bryson to the Kenai Peninsula Borough Planning Commission. A letter indicating the council's selection would be forwarded to the borough. H-10. Discussion -- Formation of Beautification Committee Subcamrnittee/Enhancement of Property Fronting Home Depot Reference of information included in the packet noted the formation of a subconuxittee was discussed at the May Beautification Committee meeting. It was also noted, formation of a subcommittee is required to be approved by council. A brief discussion took place in which. it was noted the area of property suggested for beautification review by the subcommittee was owned privately and included property within the state right of way. Formation of the subcommittee was approved contingent upon administration's identification of the ownership of the property. ITEM I: COMMISSION/COMNIITTEE REPORTS I-i. CounciY an Aging -- Council Member Boyle reported the meeting summary was included in the packet for review. 44 KENAI CITY COUNCIL MEETING MAY 16, 2007 PAGE 12 I-2. Airport Commission -- Councff Member Molloy reported the meeting summary was included in the packet and reviewed discussions and actions taken. I-3. Harbor Commission -- No meeting. Mayor Porter referred to the draft legrslation to sunset the Harbor Commission. ,Administration was requested to bring the ordinance forward if no applications for appointment to the Commission were received for the June 6 packet. I-4. Library Commission -- Council Member Swarner thanked City Manager Koch for attending the meeting and noted the meeting summary was included in the packet. %-5. Parks & Recreation Commission -- Council MemLer Moore reported the next: meeting would be held on July 5. I-6. Punning Sc Zoning Commission -- Council Member Ross gave a brief report of actions taken at the May 9 meeting and noted the meeting minutes were included in the packet. F-7. Miscellaneous Commissions and Committees I-7a. BeautiIIcation Committee -- Mayor Porter noted she attended the meeting and the meeting summary was included in the council meeting packet. %-7b. Alaska Municipal League Report -- No report. I-7c. Joint Kenai River Working Group -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • .Wished good luck to airport Manager Cronkhite on her new job. • Planning had begun for Industry Appreciation Day. • She attended the Visitor Center's art show opening. YTEM K: ADMID7ISTRATION REPORTS K-Z. Citq Manages -- City Manager Koch noted the following: • Reported on legislative actions. Library Commission will be discussing Sunday closure at its next meeting. • The public opinion poll was proceeding and results should be available at the next council meeling. 45 KENAI CITY COUNCIL MEETING MAY 16, 2007 PAGE 13 • Reported on Local improvement district paving projects and he would discuss a change order with quality Asphalt Paving for costs involved with the Shamrock Circle LID. • He attended the last Kenai River Special Management Area Board (KRSMA) meeting for this year. The board would not meet again until fall. • KRSMA Board would be sending a letter to Fish & Game, Department of Natural Resources, and Department of Enviror~mental Conservation related to concerns of hydrocarbons in the river. • He would be meeting with permitting agencies related to the Wal-Mart 404 Permit and amendments to the plan and he would be working with the Wai-Mart consultant about the identified concerns. • A vacation of a Magic Avenue right of way would be required to accommodate the Wal-Mart bio-swale pond. A price had been received from the surveyor to do the work and if the vacation is necessary, a new entrance to the PRISM facility would be required. Consensus of council was the vacation should take place even if the 4Va1-Mart development does not go forward. • Anew entrance to the PRISM facility would go through the property Leased to the University; he would be discussing the issue wtth University representatives. • Because the dasher boards at the multipurpose facility were failing in less than warranted time, the manufacturer and supplier had been contacted. The city will be sent replacement boards which will be installed by the city. • He is working with Kenai Landing and their request for operating a Class A water system for their development. • He is preparing a new brochure of Den'ina Pointe Estates Rrith a reconfiguration of the Tats to make development requirements mare feasible. Porter noted Koch required direction with regard to relocation of the City Clerk's area in the council chambers. Council consensus was to move forward with the relocation and the $8,500 costs for wiring, equipment, etc. K-2. Attoxney -- City Attorney Graves reported he attended the May Airport Commission meeting and would attend the June meeting as well to discuss minimum standards of airports. S-3. City Clerk -- City Clerk Freas reported a 'virtual tour' of the city was now available on the city's webpage. ITEM L: DISCUSSYON L-1. Citizens -- None. L-2. Council 46 KENAI CITY COUNCIL MEETING MAY 1G, 2007 PAGE 14 Swarner -- Reported she would be out of town until the end of the month and that she would not be able to attend the June 5, 2007 Library Commission meeting. Moore -- No comments. Eldridge -- Wished Airport Manager Cronkhite well in her new position. DeMello -- Reported he would be graduating on Wednesday, May 23 and reminded all of the Community Swing Dance at the Boys & Girls Club on Saturday, May 19. Ross -- Thanked Cronkhite for her work over the years and also thanked DeMelle for his eff rts as student representative. Molloq -- Thanked DeMello and wished Crankhite well in her new position. Bogle -- Thanked DeMello and wished Cronkhite well in hernew position. ITEM M: PENDING LEGISLATION (Thrs item lists tegislatlon whicl-e wit! be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 12.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-C~ele or Direct Injection Twa-Cycle Engines. (I / Z 7/07, Tabled, no tune 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, Tatted, no tune certain.) -- None Scheduled ZTEM M: There being no further business before the Council, the meeting adjourned at approximately 9:30 p.m. Minutes submitted by: 47 KENA1 CTT COUNCIL MEETING MAY 16, ZQ07 PAGE 15 Carol L. Freas, City Clerk "The student may cast advison~ votes on al[ matters except (hose subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shalt not affect the outcome of a vote. Advisory votes shag be recorded in the minutes. Student representatives mad not move or second items during a council meeting. 48 Suggested by: City Manager CITY OF KENAI ORDIIVL~.RICE Pif3. 2230-2007 AN ORDINANCE OF THE COUNCIL OF THE C`I'PY OF KENAI, ALASKA, AMENDING KMC 21.10.090(d)(1) and (2) BY ESTABLISHING DIFFERENT REQUIREMENTS FOR DETERMINING THE LENGTH OF A LEASE E~1'ENS10N AND EK"I`ENDING THE MANIMUM TERM OF LEASE INCLUDING ANY EXTEIvTSION FROM 35 TO 55 YEARS. WHEREAS KIvIC 21.10.090(d){1) provides for a nraxia2tum lease Term of 35 years; and, WHEREAS, Kb4C 21.10.090(d)(2) provides that lease extensions may be granted for one yeaz for each $25,000 of additional investments in permanent improvements; and, WHEREAS, KMC 21.10.090(d)(2) also provides that the maximum term for a lease including any lease extension,., shall be 35 years; and, WHEREAS, it is in the best interest of the City of Kenai to provide for lease criteria that encourage new permanent improvements on the airport; and, WHEREAS, increasing the possible maximum term of a lease, including any extension from 35 to 55 years will encatzrage investment in permanent improvements at the airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 21.10.090(d)[1] and (2) are amended as follows: 21.10.090 Length of lease farm. (a) Unless the City determines a shorter lease termxs in the best interest of the City, the length of term for a lease granted £or land within the Airpart Reserve will be based on the amount of investment the applicant proposes to make in the construcdod of new permanent improvements on the premises during the first twenty-four (24} months fallowing the beginning date of the lease or Lease extension. (b) Unless the City determines a shorter lease term is in the best interest of the City, the length of term. for a lease renewal shall be based on aCity-approved appraisal of the value of the permanent improvements on the property as set forth in the table in subsection (d}(I) of this section: The appraisal sha1I be performed by an independent appraiser certified under Alaska Statute 8.87 with experience appraising airport improvements. The appraisal shall be paid for by the lessee. (c) If the applicant proposes to make less than one hundred thousand doItars (~ 100,000.00) in new permanent improvements on the preases, the maximum term of a new lease shall be five (5) years. (d) If the applicant proposes to invest one hundred thousand doIIars ($100,0OO.OD) or more in new permanent improvementson the premises: (1) The maximum term of a new lease or a renewal of an expiring lease shall be determined according to the following table. 49 Ordinance 223D-2007 Page 2 of 4 [APPLICAN'I"S I14'VESTMENf/ MAXIMUM VALUE (IN U.S. DOLLARS) TERM OF IS AT LEAST YEARS LESS TF-LS1vT $100,000 5 $100,000-$.199,000 15 $200.000-5249.000 20 $300.000-$399,000 25 $400,000-5500,000 30 MORE THAN $500;000 35] AanIicant's Invesfinentl Maximnm Value (in II.S. Dollard Term nYears Less than $ 100 000 5 5 100 000 - 5199 000 10 5 200.000 - 8299 999 15 $ 300.000 - $399.999 20 8 400.000 - 8499.OOD 25 8 500,000 - 8599 000 30 5 fi00 000 - 5649 000 35 $ 700.000 - $799.000 40 5 800 000 - 8899,000 45 8 900.OOD - $999:000 50 More than $1.000 000 55 [(2) THE MAXIMUM TERM EXTENSION FOR AN EXISTING LEASE SHALL BE ONE (1) YEAR FOR EACH TWENTY-FIVE THOUSAND ($25,000.00} OF ADDITIONAL PROVIDED THAT THE TOTAL OF THE REMAINING LEASE TERM AND THE EXTENSION SHALL NOT EXCEED THIl2TY-FIVE (35) YEARS.] The maximum term for a lease (initial. lease plus extension(s)) sha11 be fifty-five years. The leneth of the extensions} shall be determined awordin8 to the followine table: 50 Ordinance 2230-2007 Page 3 of 4 Anniicant's Investment/ Maximum Value (in II.S. Dollars Extension is ak Leask Term of fears $ 7s.oao - $zoo.ooo s $ 100.000 - $199.000 10 $ 20D.OOD - $299,999 i5 $ 300.000 - $399.999 20 $ 400.000 - $499.000 25 $ .500.000 - $599.000 30 $ 600 000 - 8699,000 35 S 700,000 - $799 000 40 S 800.000 - $899.000 45 S 900,000 - $999 ~?00 50 (3) A bona fide third party purchaser of airport improvements may get an extension for an existing lease acouired with improvements based on a City-approved appraisal of the improvements purchased. Unless the-City determines a shorter lease term. is in the best interest of the C;Cy, the extension shall be based on the table in subsection {d)(1) of this section provided no extension shall extend a lease term past thirty-five (35) years. The appraisal shall be performed by an independent appraiser certified under Alaska Statute 8.87 with experience appraising airport improvements. The appraisal shall. be paid. for by the lessee. (e} In the lease granted to the applicant, the City Manager wilt include a provision requiring the applicant to substantially complete tine proposed peiman~nt improvements within a reasonable period of time, considering the cost and nature of the improvements. Provided howeaer, that the time allowed shall not ordinarily exceed twenty-four (24) months after the effec$ve ante of the lease. - (fl In the lease extension granted to the applicant, tt~e City Manager will include a provision requiring the applicant to complete the additional proposed permanent improvements within a reasonable time period, considering the cost and nature of the improvements provided that the fime period shall not ordinarily exceed twenty-four (24) months, after the affective aate of the lease extension. (g) The City Manager will include a provision in al~asa or lease extension requiring the lessee to provide a performance bond, deposit, personal guarantee , or other security if the Manager determines security is necessary or prudent to ensure the applicant's completion of the permanent improvements within the time period sat under subsections (e) or (f) of phis section. The Ciey Manager wiIl determine the form and amount of the security according to the best interest of the City, considering the nature and scope of the proposed improvements and the financial respansibiIity of the applicant. (h) The applicant shall, within thirty (30} days after completion of the permanent improvements, submit to the City Manager written documentaCion that tt-~e improvements have been completed as required under subsection {~} or (f} of this section. (i} If the applicanC shows good cause to the City Managei, and the Manager determines the action is not inconsistent with the Cit}~'s best interest, the Manager may grant an 51 Ordistance 2234-2007 Page 4 of 4 extension that is sufficient to allow for the completion of the permanent improvements or for submission of documentation that the permanent improvements have been completed under this section. No extension or combination of extensions granted will exceed twelve (12) months. (j} If, within the time.required under subsection (e) or (f) of this section, including any extension granted under subsection (i) of this section, the applicant fails to complete the required permanent improvements, the Ciq~ Manager wi1I execute the forfeiture of the petfoxmance bond, deposit; personal guazantee, or other security posted by the applicant under subsection (g) of this section to the extent necessary to reimburse the City for all costs and damages, including administrative and legal costs, arising from the applicant's failure to complete the required improvements, and initiate cancellation of the lease or reduce the team of the lease to a period consistent with the portion of the improvements substantially completed in a timely manner according to the best interests of the City. (k) ": he City Manager shall review rates, charges and the investment/value in the chapter every five (5) yeaxs to see if adjustments should be made, (1) When used in this section, the following terms shall have the meanings given: (1) "Expiring Lease" means a lease with less than one (1) year of term remaining; {2) `°Bxisting lease" means a lease with tie least one (I) year of term remaining; (3) "Permanent improvement" means a fixed addition or change to Iazid that is not temporary or portabl°; (i} "Permanent improvement" includes; (A) A building, buiding addition, retaining wall, storagelank, earthwork, fill material, gravel, and pavement, and ($} Remediation of contamination for which the applicant is not responsible; (ii) "Permanent improvement" excludes items of ordinary maintenance, such as glass replacement, painting, roof repairs, door repairs, glumbing repairs, floor covering replacement, or pavement patching. PASSED SY THE COUNCIL OF THE CITY OF NAI, ALASKA, this 16th dog of May, 2007. /~ PAT PORTER, MAYOR ATTEST: ~-~ ~- Carol L. Freas, City Clerk Introduced: May 2, 2007 Adopted: May 16, 2007 Effective: June I6, 2007 52 _ .~.. z` , t&e city o~ KENA~LASKA "(/i((a9e r~vitlr a Pa,~t, Gi~ wc`~~i a Future„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 { Telephone: 9fl7-283-7535 /FAX: 907-283-3014 l~~lll 1992 MEMO: TO: City Counait FROM: Rick Koch DATE: May 81, 2407 SUBJECT: Reconsideration Regarding Airport Reserve Land Lease Term The purpose of this correspondence is to discuss the above referenced subject. Administration recommends that the term of leases, meeting required conditions, be for a maximum term of 55 years. Attached you will find specific information for each of the following Ted Stevens International Airnort Term of Lease: Maximum of SSyears Fairbanks International Airport Term of Lease: Maximum of 55 vears 3uneau .Municipal Airport Term of Lease: 35 Years unless otherwise (longer term} approved by the airport board. State of Alaska Airports (fiver 180 airports including Nome Barrow Kotzebue Kodiak Sitka. Ketchikan, etc.l Term of Lease: Maximum of 55 years. Includes interesting tezms regarding the sale of improvements. Soldotna Airport Term of Lease: Maximum of 30 years and renewal may be made thereafter on a time basis agreeable to both city and lessee. 53 Wasilla Airport Term of Lease: In accord with. the policy of the Federal Aviation Administration Bend Oreeon Airoort Term of Lease: 201'ears with Tenants option to renew for three(3) terms often years each, I laolted at a number of airports outside and generally their leases were for 50-55 years, or built in tenant options provided for that Perm. T think it just makes sense to allow fora 55 year tem for a tenant to more fully amortize significant investrnents. I'm sure there are better examples, but please tat.e into account the following when considering a 35 versus 55 year lease term: 1, You invest $ 2,000,000 in an improvement on airport property. 2. Yeu receive 30 year financing far your improvements at 8% interest. 3. Over the term of the 30 year loan you will have repaid $ 5,248,00. 4. In the case of a 35 year (ease term, only sixty months (5 years) after you have made your last loan payment you must relinquish your lease and walk away from the improvements you have constructed with. no compensation for any residual value. 5. In the case of a 55 year lease you have 25 years to conduct business after making your fmal Loan payment, by which to fully amortize the investment in the improvements. In addition to the above, the re-sale value of a lease with significant improvements is significantly diminished by the short term. of the lease with a 35 yeaz lease term. Again, administration recommends the previous council action establishing a 55 yeaz lease period be re-confirmed. It is also administration's intent to review the State of Alaska's regulation as it relates to the lessor receiving compensation for improvements at the end of the lease period. This appears to be a fair process that would promote continual investment in leaseholder properties. Thank you. for your attention in this matter. attachments 54 (.e,~ r~d'~.V2anJ 41-w`'~'~ /~-aY~c'tN'~i~ FREQUENTLY ASKED QUESTIONS Q. What kinds of activities can airport land be used for? A Generally, airport land should only be used for an activity that must ba on airport property due to its use and proximi#y to aviation facilities. The Alaska Administrative Code, Title 17, Chapter 42, Section 990, Definitions, describes land uses and privileges as follows: 1. "Aviation Uss" means any business, service, or other function that directly involves, or is necessary for, the normal operation of aircraft lhai use an airport. Aviation use includes the following: aircraft loading, unloading, tiedown, parking, storage, sales, services, rental, maintenance, or repair; sale or storage of aviation fuel and aviation petroleum products; pilot training; air chador or air taxi service; airport terminal bui!ding~. air carrier operations; aircraft ground handling; aircraft parts sales; and air traffic control tower, air navigafion aid, and aviation weather instrumentation. 2. "Auxiliary Use" mans any business, sevice, or other function that is neither an aviation use nor a nonaviation use and is located and carried out on an airport for the convenience of the air traveling public, aviation businesses on the airport, or the employees necessary to the maintenance and operation of an airport. Auxiliary use includes the foliovnng: air freight forwarding; ground transporation services not operated by the department, such as a taxicab service, an airport limousine or shuttle service, a rental car agency, o; a vehicle parking business; in-flight catering; hotel accommodation; restaurant service; in-terminal concessions. 3. "Nonaviation use" means any business, service, or function that is (i) oat an aviation or auxiliary use; (ii) is not directly or indirectly related to aviation or to the air fraveling public; (iii) tloes not offer a product or service that is specially related to aircraft operations or to air transponation; or (iv) is located or operated to derive revenue primarily from members of the public not using air transportation services, Nonaviation use includes: grocery store, liquor store, lumber yard, agricultural activity, golf course, automohile service station, shopping center, bawling alley. Q. What areas on the aUport are available to Isase? A We highly encourage potential tenants to contact the Leasing & Property Management Office before submitting a lease application for a paNcular parcel or terminal building space so that our staff can work with you to help you find the right fit far your activity. Q. Is there a Iisk of available lots and terminal building space for lease? A Yes. However, you must visit the Leasing & Property Management Office to discuss your proposed activity and we will work on finding a space if your proposed activity requires being located on Airyori land or in one of the terminal buildings. Q. How is the term of an Airport Lease established2 /~' "" "'ti A Generally, an Airport land lease term is based upon the dollar amount of investment proposed 6y the lessee and can be issued for up to a maximum of 55 years. A terminal building space lease term is usually established based on specific business criteria and can range from 126 days to 5 years. _ _ _ _, _ Q. May i sublease apace to someone else? 0. 6enesatly, yes. It you are subleasing to a company or person for the same authodzad uses in your original lease with the Airport, the sublease is conholled by the Airport's Isase, and you must receive the Airport's prior written consent of the sublease agreement. For more detailed information, please review the Alaska Administrative Code, Title 17, Chapter 42, Section 270. Q. Gan I assume someone's existing tease? A Yes, but we highly recommend you contact the Leasing & Property Management Office to determine if the lease is to good standing and if there are any problems associated with the existing lease. Regardless of any private transactions between individuals, the existing lease remains in the original owner's name until assignment papers are submitted and consented to by the Chief of leasing & Property Management. For more detailed information, please review the Alaska Administrative Code, Title 17, Chapter 42, Seation 260. Q. Gan I look at a lease fife? A Yes, lease files are public information, but we ask that you calf the Leasing & Propery Management Office (907.268-2420) in advance so we can have fhe fie available for you to review. You can request copies of files; the cost is 5.25 per page {the first 10 pages are free). JS Fairbanks fizternational Airport, Transportation. & Public Facilities, State of Alaska Page l of 5 Employee Directory DqT&PF Hame. _.__ Search pOT&PF' Airport Phonebo~ t FAf Brochure P® r Airport Fees Pt1r s Leasing Airporf Ground Transpo b Business Permit Airline Certified a Financa & Statis n General Aviation t Pilots Lounge F AircraftTiedov, S Transient Aircr AircraftServic¢ Leasing Airport Property Fairbanks International Airport occupies approximately 3,550 acres and is located about 4 miles southwest of downtown Fairbanks. The Airport is owned and operated by the State of Alaska and is administered by the Department of Transportation and Public Facilities (DOT&PF). The Leasing pftice at the Airport oversees approximately 188Iand, terminal building, and other contracts such as Business Activi#y Permits, Commercial Passenger Vehicle Permits, and Vehicle Rental Business Permits, and 396 aircraft tiedowns. Frequently Asked Questions Q. WhaBkinds of activities can airport land be used for? A. Generally, airport land should only be used for those uses that must be on airport property due to its use and proximity to aviation facilities. The Alaska Administrative Code, Title 17, Chapter 142, Section 994, Definitions, describes land uses and pdviieges as follows: 2. "aviaton use" means any business, service or other function that directly involves, or is necessa ry for, the normal operation of aircraft that usa an airp~art; "aviation use" includes the following: aircraft loading, unloading, 4edown, parking, storage, sales, service, rental, maintenance, or repair; sale or storage of a viation fuel and aviation petroleum products; pibf training; air charter or air taxi service; airport #arminal building; air canter opera5ons; aircraft ground handling; aircraft parts sales; and air Traffic control tower, air navigation a id, and aviation weather instrumentation, P Airpark x AirlineAgreemei h FAI News P(oase note: You must Reader to open any k~i on this page. H you tlo Acrobat Reader, dick G FREE softwara. ~+.eDcs Rena S6 http://www.dotstate.ak.us/£aiiap/leasing.shtml 5J2A/2007 OOT&PF> Fairbanks International lurporr> Doing Business at FAI > Leasinn Airport Property _~ __:....... ®t~ln° ~n Horne ° Abouf FAi • Contact tnforrnatiop rv-•~-~ ~- FPassenger Infie Doing Business at FAI ,. Doing Business r Leasing t Airport Contact I • Leasing Airport Property -Forms • Fraquentty Asked Questions -Links • Lease Application Process Contacts Fairbanks international Airport, Transportation & Public Faailitias, State of Alaska Page 2 of 5 2. "auxiliary use" means any business, service, or other function that is neither an aviation use nor a nonaviation use and is located and carried out on an of rport for the convenience of the air traveling public, aviation business on the airport, or the employees necessary to the maintenance and operation of an airport; "auxiliary use" IncYudes the fallowing: air freightforwarding, ground transportation services not operated by the department, such as a taxicab service, an airport limousine or shuttle service, a rental car agency, or a vehicle parking business; in-flight catering; hotel accommodafion; restaurant service. 3. "nonaviation use" means any business, service, or function that is (i) not an aviation or auxiliary use; {ii} is not directly or indirectly related to aviation or to the air traveling public; (iii) does not after a product ocservice that is specially related to aircraft operations or to air transportation; or (Iv) is located or operated to dehve revenue primarily from members of the public not using air transportation services; and includes a grocery store, (Iquor store, (umber yard, agricultural activity, golf course, automobile service station, shopping center, and bowling alley. Q. How do I fnd out whaf lots or terminal building areas are available for lease? A. Contact the Leasing Office to discuss your proposed activity and we'N show you what's available and work with you to find an appropriate space, provided that your proposed activity requires being located on Airport land or in the terminal building. We highly encourage potential tenants to contact the Leasing Office before submitting a lease application for a particular parcel or terminal building space so that our staff can work with you io help find the right fit for the activity you'd like to do. _.. - -- - - _. ~~_ r-w.. . Q. How is the term of an Airport Lease established? A. Generally, an Airport land lease term is based upon the dollar amount of Investment proposed by the lessee and can 6e issued for up to a maximum of 55 years. Lease term tables show the maximum term that will be considered for a dollar amount of investment. A terminal building space lease term is usually established on specific business criteria and may range from 120 days to 5 years. More infoPna: Q. May I sublease space to someone else? A. Generally yes, provided that 1 }you sublease to a company or person for the same authorized uses in your original lease with the Airpon; 2) the sublease Is controlled by the Airport's lease; and 3) you receive the Airport's prior written consent to the sublease agreement. More infot~'t'nFsYa Q, Can I assume someone's existing lease? p. Yes, but we highly recommend you contact the Leasing Office to determine if the lease is in good standing and if there are any problems associated with the lease you are interested in assuming. Regardless of any private transactions between individuals, the existing lease remains in the original lessee's name until assignment papers have been submitted and consented to by the Chief of Leasing. More infoP[SF 4. What costs associated with leasing (and at the Airport is a lessee responsible for? A. The lessee is responsible for all costs associated with development of fhe property, including a site survey, bringing utilities onto the site, driveways, taxilane access, ail costs of construction, as-built drawings 57 http:l/www.dot.state.ak.uslfaiiaplleasingshtml SI24/2007 Juneau lO~Iunicipal i~rport (b} Leasing authorized. Land. or facility space shad be leased as provided in chapter 53.20, provided that the provisions of section 53.20.020 relating to a declaration of availability and identification in the land management plan shall not apply. Notwithstanding any provision of this Code, 'eases maybe awarded without review by the planning commission and by negotiation, provided that such negotiation is subject to hr~esta~arcLapQraisal minimum rental and other requirements of ch~ter ~3 2fls..-----~ otwithstanding any provision ofthis Code, the maximum term for a ~s "~ at the ~ oif shall be 35 ears unless otherwise approved by the aal'port board, he a3~peYt manager shall maintain a master plat of the ~xpgrt depicting a eas ots and areas, and shall have the authority to negotiate leases subject to approval by the a1~ps%if board. ~}•pgp leases shall not include a Term which requires ai%~b purchase or reversion of Ieasehold improvements for less than 100 percent of fair market value No ~eas~e for real property shall. be offered unless such. real property is surveyed and identified on the master plat. All ~e shall contain a description of the leased property consistent with the master plat. The master plat shall be changed, amended, or created by a registered land surveyor. ~~« ~-~ ,: Crrades for siractures shall be consistent with the D~f master plan. Lessees proposing ca~astruction shall bear the responsibility for building to grades specified by the ~a`~ao manager. 58 State of Alaska 2006 Alaska Statutes Title 2 Sec. 02.15.096. Operation and use (a) In operating an airport or air navigation facility owned or controlled by the state, the department may enter into contracts, leases, and ofher arrangements covering periods not exceeding 55 years with a person, municipality, or the United States, granting the privilege of using or improving an airport or air navigation facility or a portion of it or space in it for commercial, governmental, or ofher public purposes, including private plane tie down, or conferring the privilege of supplying goods, commodities, services; or facilities at an airport or air .-~_ navigation faciiityJThe department may establish the terms and conditions and fix the charges, rentals, and fees for the privileges or services that are reasonable and uniform for the same class of privilege or service. Charges, rentals, or fees. authorized by this subsection may be fixed for the international airports by order of the commissioner or by negotiated or competitively offered contract. Notwithstanding AS 37.10.050 (a}, the fixing of charges, rentals, or fees as permitfed under this subsection is not subject to the adoption of regulation provisions of AS 44.62 (Administrative Procedure Act). The terms, conditions, charges, rentals, and fees shall be established with due regard to the property and improvements used and the expense of operation to the state. A charge, rental, or fee imposed on a person who is not a lessee or concessionaire of the airport may not have the effect of charging a percentage of the gross revenue of the person as a condition of on-site access to customers who use the airport facility unless the charge, rental, or fee was in existence before January 1, 2006, and this exception is not affected if the department amends, increases, or decreasesa charge, rental, ar fee that was in effect before January 1, 2006. Use of state land and buildings by the Alaska Wing, Civil Air Patrol and its squadrons 59 shall be permitted without rental charges. If the department permits space in state-owned orstate-controlled airports to be used as lounges for members of the United States armed forces, the Alaska National Guard, the Alaska Naval Nilitia, or the Alaska State Defense Force, and if the lounges are operated by persons exempt from taxation under 26 U.S.G. 501 (c}(3)(Internal Revenue Code}, rent may not be charged for the use of the space. The department shall provide for public notice and an opportunity to comment before a charge, rental, or fee is fixed by order of the commissioner as permitted under this subsection. The public may not be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or a portion of them. (b) The department may by contractor other arrangement, upon a consideration fixed by R, grant to a qualified municipality or person for a reasonable period of time the privilege of operating, as agent of the state or otherwise, an airport owned or controlled by the state. A municipality or person granted that privilege may not operate the airport other than as a public airport or enter into a contract, lease, or ofiher arrangement in connection wifih the operation that the department may not have undertaken under (a) or (c) - (e) of this section. ~ (c} Notwithstanding the right of the public to rightful, equal, and uniform use under (a) of this section, before the expiration of a land lease, including the termination of a lease in holdover status, entered into under this section, the lessee may apply for a new lease, or for an extended term under the existing lease, far the same land. The commissioner shall approve the application for a new land lease or an extended term under this section without offering the land to other persons for leasing if (1 }the lessee is in compliance with the terms and conditions of the existing or holdover lease; and 60 ' (2) the continued use of the leasehold is consistent with written airport operation policies and is in the state's best interest. (d) A land lessee owns title to the permanent improvements that the lessee constructed or purchased during the term of the lease, unless the lease expressly provides that the state is the owner of the permanent improvements. (e) At the expiration, termination, or cancellation of a land lease entered into under this section, (1) a lessee who owns the improvements under (d) of this section shall continue to own the permanent improvements that the lessee constructed or purchased on a Leasehold if the lessee is granted under (c) of this section a new lease or an extended term for the same land; (2) a lessee may sell the permanenf improvements owned by the lessee to a succeeding lessee of the same land; (3} at the option of the lessee, the permanent improvements owned by the lessee may be sold by the state at public auction with the proceeds from the sale of the improvements going to the lessee, less administrative costs of the auction and obligations owed under the lease to the state; the successful bidder has the same right to enter into a new lease under (c) of this section without the department offering the land to other persons for leasing; (4) afiter notice by the department, the permanent improvements owned by the lessee shall be removed at the lessee's sole expense if (A} the permanent improvements do not comply with written airport operational policies or are not in the state's best interest; (B} the permanent improvements are not sold under (2) or (3) of this subsection; or 61 (C) the department makes written findings that the permanent improvements are a hazard to the public health and safety; (5} title to the permanent improvements vests in the department if the state purchases or otherwise contracts fior the ownership of the permanent improvements, or if the lessee abandons fhe permanent improvements. 62 c~~ ~-~ ~~~~~~~~ 13.d~.33d Comrnerciai iota and aviation service leases. Leases for aviation related services may be entered into for a maximum of thirty years, and renewal may be made thereafter on a time basis agreeable to both city and lessee. The rental for such a lease shall be equitable and comparable to current commercial or business lease rates. Any building or development plans by the lessee shall be submitted to the city council for approval and shall state the intent of such building or development in writing. (Ord. 97 (part), 1976: prior code § 28_d7.060}. 63 5.32.120 l=ease of ~1^ppQrt property. A. General. This section applies to the lease of aiCpott property, to the exclusion of the provisions of all other sections of this chapter. Airport property may be {eased through an application or sealed bid process. B. Application Process_ An applicant desiring to tease airtpo property shall submit an application to the city. The application shall contain: 1. Name, address and phone number of applicant; 2. identification of area requested; 3. A description of the activity to be conducted; 4. A scale drawing depicting the proposed development, including but not limited to location, size and height of buildings, identification of materials to be installed on the property, and proposed location of all utility connections. This drawing must show the relationship between the development, the property lines, and any relevant development on adjacent or other properties; 5. if the proposed use is commercial, a written business plan for the activity to be conducted; and 6. Any and all additional information which may be requested by fihe city. C. Action On Application. The city shall process applications depending upon use as follows: 1. For private use, such as a hanger or tie-down, where the building is less than ten thousand (10,000) square feet, and the term of the (ease is ten (10) years or less, the application and Lease may be approved by the mayor after administrative review and evaluation. 2. For a small commercial use, where the building is less than ten thousand (10,000} square feet and the term of the lease is ten (10) years or less, the application and lease may be approved by the mayor after administrative review and evaluation. 3. For any other use, the application wilt be reviewed by administration, submitted to the planning commission for review and recommendation, and then submitted to the city 64 council forfina( action. Private or small commercial use may also be submitted to the planning commission and the. city council if, in the opinion of the mayor, such submifta( is appropriate under the circumstances. 4. For all uses, the city may accept, reject or place conditions on the acceptance of any application to tease al~pgrt property. The city may also require the prepayment by applicant of certain necessary costs such as administrative costs, surveying, subdividing, utility installation, soils testing, etc. D. Sealed Bid Process. The city council may make specifrc areas of the aii-por~ available far lease for general or specific development through a sealed bid procedure under conditions to be specified by the city council In this process, the city reserves the right to take into consideration factors other than lease rate, and may award the property to any bidder whose proposal is deemed to be in the best interests of the city, regardless of lease rate proposed. In addition, the city reserves the right to reject any and all bids or proposals. E. lease Form. A 1e~se for atfpQrf property shall include certain provisions, as follows: 1. A requirement that the use of the property be in accord with the arpaff development plan, and that the use of the property shat! not violate any condition or requirement placed on the property or the a~tpgtf itself by th e city, the state of Alaska, or the Federal Aviation Administration; 2. ~.e~se rate, term, rental adjustment and other provisions 5.32.120 Leise of ~alxl~ property. A. General. This section applies to the [ease of _a_,ifpor~ property, to the exclusion of the provisions of ali other sections of this chapter. ~(tport property may be leaser through an application or sealed bid process. B. Application Process. An applicant desiring to j'epse ~pp~E property shall submit an application to the city. The application shall contain: 1. Name, address and phone number of applicant; 2. Identification of area requested; 3. A description of the activity to be conducted; 4. A scale drawing depicting the proposed development, including but not limited to location, size and height of buildings, identification of materials to be installed on the property, and proposed location of all utility connections. This drawing must show the relationship between the development, 65 the property lines, and any relevant development on adjacent or other properties; 5. If the proposed use is commercial, a written business plan for the activity to be conducted; and 6. Any and all additional information which may be requested by the city. C. Action On Application. The city shah process applications depending upon use as follows: 1. For private use, such as a hanger or tie-down, where the. building is less than ten thousand (10,000} square feet, and the term of the jease is ten (10} years or less, the application and lea"se may be approved by the mayor after administrative review and evaluation. 2. For a small commercial use, where the building is (ess than ten thousand (10,000} square feet and the term of fhe ie,~'s is ten {10) years or less, the. application and ease may be approved by the mayor after administrative review and evaluation. 3. For any other use, the application will be reviewed by administration, submitted to the planning commission for review and recommendation, and then submitted to the city council for final action. Private or small commercial use may also be submitted to the planning commission and the city council if, in the opinion of the mayor, such submittal is appropriate under the circumstances. 4. For all uses, the city may accept, reject or place„conditions on the acceptance of any application to jea;~;e ~ji~izi~# property. The city may also require the prepayment by applicant of certain necessary costs such as administrative costs, surveying, subdividing, utility installation, soils testing, etc. D. Sealed Bid Process The city council may make specific areas of fhe aitpq~t available for Cease,' for general or specific development through a sealed bid procedure under conditions to be specified by the city council In this process, the city reserves the right tc take into consideration factors other than Haase rate, and may award the property to any bidder whose proposal is deemed to be in the best interests of the city, regardless of ~e~se rate proposed. In addition, the city reserves the right to reject any and all bids or proposals. E. Lease Form. A lease, for aiiport property shall include certain provisions, as follows: 1. A requirement that the use of the property be in accord with the >~f~a?G~ development plan, and that the use of the property 66 shalt not violate any condition or requirement placed on the property or the a~rpor# itself by the city, the state of Alaska, or the Federal Aviation Administration; 2 Lease rate, term, rental adjustment and other provisions that are in accord with the requirements and policy of the Federal Aviation Administration; 3. A provision prohibiting assignment or sublease without the approval of the city; and 4. A provision authorizing the granting of a security interest by the lessee in the leasehold interest far the purpose of securing financing for the construction of improvements on the property. ,. F. Na Warranties. By aiassifying or~e~slttg airpzir~ property, the city expressly does not warrant that the land is suited for the use proposed or authorized under the classification or lease, and no express or implied warranty ar guaranty is given as to the present or any future condition of the property or that it sha{I be profitable to employ the land far the proposed or authorized use. (Prior node § 7.16.125) that are in accord with the requirements and policy of the Federal Aviation Administration; 3. A provision prohibiting assignment or sublease without the approval of the city; and 4. A provision authorizing the g ranting of a security interest by the lessee in the leasehold interest for the purpose of securing financing for the construction of improvements on the property. F. No Warranties. By classifying or,~'~stgg ~tr~ property, the city expressly does not warrant that the land is suited far the use proposed or authorized under the classification or tease:, and no express or implied warranty ar guara my is given as to the present or any future condition of the property or that it shall be profitabie to employ the land for the proposed or authorized use. (Prior code § 7.16.125) 67 ~trvt~, ~ ~ bye 1.3.10 The sole right to determine the level, methods and. schedules of an}=maintenance or improvements at the Airport; and shall have the right to close the Airport whenever Landlord deems it necessary for reasons of public safety or convenience. 1.4 Na Limitation on Landlord's Authority: Nothing stated herein shall be conshued as to limit in any way the general power and. right of Landlord to exercise its governmental or proprietary powers in any way, including such as may affect the Airport, the Premises, the Common Areas, or any other area under the jurisdiction of Landlord. 1.5 Restrictions on Use. Except as necessary and ineideutal to the use specifically authorized for the Premises pursuant to Section 1.2 of this Lease, and without limiting the generality of the restriction on the use set forth in Section 1.2 of this Lease, no use may be made of, on, or from the Premises relating to the use, handling, generation, storage, disposal, transportation, or discharge of Hazardous Substances as defined in Article 6 of this Lease. Under no circumstances shall any use be made of, or conduct occur on, the Premises which would cause the Premises, ar any part thereof, or the improvements constructed on the Premises, to be deemed a hazardous waste treatment, storage, or disposal facility requiring a permit, interim status, or any other special authorization under any Environmental Law as defined in Article 6 of this Lease, 1.6 Access to Premises. Landlord shall at al] times during ordinary business hours have the right to enter upon. the Premises and Improvements for the purposes of: (i) inspecting the same; (ii) confirming the performance by Tenant of its obligations under this Lease; (iii) doing any other act which Landlord may be obligated or haue the right to perform under this Lease, or reasonably related thereto; and (iv) for any other lawful purpose. Such. inspections shall be made only on 48 hour advance notice except in cases of emergency. Such notice shall be sufficient if prominently posted on the primary building for 48 hours prior to the inspection. l^-. Article 2. Term 2.1 Term. The term of this lease is for a period of 20 years, commencing May 1, 2005, and. continuing through April 30, 2025, unless sooner terminated under the provisions of this Lease. 2.2 Options to Renew. 2.2.1 Subject to the terms of this Section 2.2, Tenant shall haue the option to renew the term of this Lease for Three {3) terms often years each, to run concurrent with the expiration of the Primary Term, and. each renewal term. 3 - BBST, LLC Ground Lease 68 Jnne 6, 200 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 Dear Kenai City Council Members, Thank you again for the welcome that you have given us at previous meetings. It is a pleasure to be a part of this community with each. of you. I have a deep affection for our city, and share with you a desire to see us continue to grow strong economically. I appreciate the progress that we are together striving for in the aesthetic appeal of our city. In the past ten years I have observed many improvements. However, we still have great potential to make our city look like the "first class" place that it is. I am concerned about the length of time allowed for property leases on airport land. Here in Kenai, the airport is our front door; this entrance to our city should. be as attractive and welcoming as possible. It makes sense that short-term leases make for short-term mentality when it comes to building and investing. I am afraid that no one will even consider building attractive, quality structures on our airport because we will have made it financially unreasonable to do so. Arctic Barnabas Ministries is proposing a 1.5 million dollar project on the corner of Granite Point and Willow Street. We are excited about the opportunity to dress up this corner that is so visible to people as they enter Kenai from fl1e airport. As anon-profit corporation, we rely on gifts and donations to do our work and build our facilifies. l have a hard time convincing donors, who love our mission and believe in our need for this facility, that their investment for only 35 years of usage is good business. The logical conclusion is to build smaller, cheaper, and only what is tninimally required. I want to build something that we can all be proud of, and invest in a project that encourages others to take pride in The appearance of our hometown. LeY s work together to develop incentive for those who share our desire to make Kenai look like a place to call home. Please support the 55-year lease term on airport lands. Thank you for serving our Community. Joal~C~well ~~~~~~~' Executive Director Arctic Barnabas Ministries Encouraging and Equippinp Christian Leaders in Alaska Western Canada andFar East Russia 135 Granite Point Court 'Kenai, Alaska 99611 • Tel (9O7) 283-3377' Fax f907) 283-3347' www.arcticbarnabas.org o 0 m N rn N W ~t? In F- N to h 1~+ O M M ~ tri n W O O t0 h O r ~ ~ ~ 4 ~ N r i - M r U Z o 0 a °o °o ~ ~ °0 0 o r O = Z S y IS > I- W W ~ . ~ J ~ ~ F -~ c [ L i 1 J Q S J ~ ~ J E.W . W ~ p ~ ° ° O p p O O O o N o N a ~ ~ a ~ a ~ r ~ p o > > > ~ > > ~ v, n U u., K V a U z ~ y 1- y I- O Z ~ ~ Z `~ U U W P,. ~ U `~ ~ ili ~ ZO tfi to Z Q ~ ~ a a C7 U v1 H h r a U v W ~ <°r ~ ~ ~ ~ eo W va z r r v, w r v N ~ t .7 ~ 2 ® ~ ~ ~ ~ w ~ ~ ~ ~ ~ c 0 0 0 c ~ ~ ~ 2 U U C q ~ m ~ m W 2 U N E ~ ~ ~ cctt K i o ~ ~ p C7 ~ Z o ~ i `r `~ ~ om K ~ g~ ~- O S ~ ~ t - to ^ 2 Z ~® > a ~ v w z a y> n4 0 69 ~ °o m O u°~ uMx C N ~ X54 N ~ ~_ !LI } ~ ~ ~ ~ ~ v v 4 ~ a ~ f7 Z h J y ~ J h 4 ~ !id Q ~ ~ IL' ~ K N ffi 0. J U O ~r J W W Z 5 U ~ o cXa ua ~ N ~ ~ '? ~ ~ ~ O ILD LI! Z W ® 0 Z t-~ 4H ~ -~ L6! ~! d ~ ~ Q C! F ~ U d li ~ ~ Q W ~ -"~ Z Q W ~ O W y`-~ O o. C3 > fn x it u~i oY 0 u~ ¢? RI LI. O F Q W n z 0 Z N W W U a W a h Q !L. U' Z S W F- K W N O Z Suggested by: City Manager CFTY OF SENA7[ ORDIIANCE IVO. 2237-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.60.010(b) SY CREATING THE JOS CLASS/TITLE OF '°ADMINISTRATIVE ASSISTANT 1V" (CLASS CODE 217) AND PL.9CTN0 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 jaU duties and responsibilities, and, WHEREAS, because of the knowledge and expertise 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, creafion of a new job ciassJtitle of Administrative Assistant N is needed to reflect the additional duties of the Assistant to the City Manager. NOW, THEREFORE, SE IT ORDAINED SY THE COUNCIL OF THE GITY 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 1V 14 PASSED SY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Jtuie 6, 2007 Adopted: June 20, 2007 Effective: July 20, 2407 71 '`Ui"flag e Lvet~c ~ Past Gi~ wE~~i a ~utulre„ s ~~%~~, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 µ,. ~ ~ Telephone: 907-283-7535 /FAX: 907-283-3014 1~I~It -~ --- - 194! ESfS LtEy Of KENA~ 5KA ~~~_~1 • TO: City Council J~/P FROM: DATE: Rick Koch May 31, 2007 SUBJECT: Creatian of Job Class/Title of Administrative Assistant IV The purpose of this correspondence is to discuss the above referenced. subject. Administration recommends the Council approve the creation of a new job class, Administrative Assistant lV. The Assistant to the City Manager is presently an administrative assistant Ill, a range 12. The creation of this new classification recognizes the additional duties being undertaken by that position. With Robin Feltman's retirement, it was an oppornane time to re-assign the personnel duties her position. had assumed over time. This re-assignment of human resource duties to the Assistant to the City Manager is logical, in that the City Manager administers the city's persormel 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 72 CITY OF KEN'AT CITY MANAGER/AIRPORT JOB DESCRIPTION Title: ADMINISTRATIVE ASSI'STAN°T TV Range: 14 Normal Hours/Wk: 40 -Monday Through Friday, 8 a.m. - 5:00 p.m. Supervisor: City Manager Working Environment: Duties are performed in an office setting. General Description: Provides administrative support to the City Manager. Implements policies established by the City Council and City Manager. Responsible for City-wide personnel functions and offers professional-level human 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 Sob Functions: I. Act as liaison to Department Heads, under direction of the City Manager to improve efficiency in city govanunent. Examples 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 purohase from. City General Fund Land, Non-Departmental and Kenai Visitors Center. d. Prepaa-e ordinances card resolutians. e. Complete special projects as assigned, such as conducting polls and surveys. £ Sign accounts payable and payroll checks. g. Provide backup for oilier departments as necessary. 2. Personnel Duties a. Canfer with the City Manager on a frequent basis regarding personnel issues. b. Maintain personnel files for all City employees. a Manage employee canficLential medical records program. d.. Conduct orientation and processing of new employees. Conduct termination interviews. Answer questions and pirovide information to employees regarding p ay and benefits. e. Monitor City's employee: appraisal system by notifying department heads of performance evaluations due and follow-up. Review evaluations and personae 1 transactions for compliance and accuracy. 73 Administrative Assistant IV Job Description b/1/2007 f Review and completion of all 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 confines of applicable laws, ordinances, rules and regulations. i. Ensure City faoilifies are in compliance with employment posters. j. Assist and advise Department Heads and supeivisars in job description development, recnzitment techniques anal workplace training. k. Review, critique and approve job descriptions for compliance with federal and state personnel laws. Approve advertisenxents £ar position openings. 1. Maintain updated joh descriptions for all departments in central location. m. Develop proposed regulation changes u~d work with City Manager, City Attorney and Department Heads on revisions to Employee Handbook, Supervisor's Handbook and Persomzel Code. n. Update and distribute the Bmployee and Supervisors' Handbooks. o. Administer the City's drug and alcohol testing prograrm. p. Meet with. employees regarding personnel issues and concerns and. encourage open. communication to achieve goals and resolve issues. q. Serve on Safety Committee r. Responsible for strict confidentiality in persormel matters. 3. Monitor city land system. Administer Title 21 and 2? of the Kauai Municipal Code. a. Administer land leasing program. b. Ensure land leases aze in compliance with all terms of lease and haue required insurance coverage: c. Maintain deeds and patents, o~'der litigation reports, appraisals and surveys outside of Airport Reserve. d. Work with federal, state and local agencies to obtain property restriction releases, acquisitior3 and approvals. e. Perform comprehensive duties in support of city land management. A variety of different and unrelated processes are involved. Use judgment in interpreting and adapting guidelines to specific situations. £ 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 gvIunicip a1 Code. h. Provide information to the public regaraing city Land acquisition Page 2 of 4 74 Admitvstrative Assistant IV Job Description 6/ll200'7 outside of Airport Reserve: provide copies of plats and appraisals; explain procedw-es 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. i. Draft legal. documents pertaining to leases aaid land sales for legal review. After necessaay approvals, ensure proper signatures and recording. 4. Perform the duties of the City Manager when delegated to do so, t7ualifications: 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 instructi ens and guidelines to speci£c problems. Knowledge of real estate laws and. terminology. I~iowiedge of public relations techniques. Knowledge of fiscal planning. Knowledge of variety of computer software, including word processing, spreadsheets and databases. Ksiowledge of office procedures and equipment, including multiple line telephones, copiers, fax machines and filing systems. Ability to perform. tasks with little or no supervision. Must complete duties with inflexible deadlines. Ability to interpret and apply Kenai Municipal Code, laws, regulations and administrative policies to City matters. Ability to research, analyze, and recomme=nd solutions to new and unusual situations. Ability to coordinate a wide range of duti es with frequent intenuptions. Page 3 of 4 75 Administrative Assistant IV Job Description 611/2007 Ability to communicate well orally and in writing. Ability to make decisions and take necessary actions. Ability to organize and maintain filing systems. AbrIity to operate personal computers, software, calculator and copy machines proficiently. Ability Co compose clear accurate reports and 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. Experience And Trainine: Five ,years related experience, college wurse work or any combination of experience, training azid education with an emphasis in business administration or human resource manaeement, which provides the applicant with the knowledge, skills, and qualifications, required to perform fne essential job functions. Page 4 0~ 4 76 Suggested by: Council CITY CkF KENAI CIRDINANCE NO. 223$-200? AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA., AMENDING TITLE I 1 OF THE KENAI MUNICIPAL CODE SY ELIMINATING THE CITY OF KENAI I-IARBOR COMMISSION, REASSIGNING ITS I3UTIES TO OTHER ENTITIES WITHIN THE CITY OF KENAI AND UPDATING REGULATION OF THE HARBOR AREA. ViTHEREAS, Title 11 of the Kenai Municipal Code established the Kenai Harbor Commission and sets forth its du'Lies and responsibilities; and, WHEREAS, it has become increasingly difficult to recruit committed Harbor Commission members to achieve a quorum for Harbor Commission meetings; and, WHEREAS, the duties of the Harbor Conunission can be reassigned to the City of Kenai Planning and Zoning Commission and City Manager; and, WHEREAS, it is in the best interest of the City of Kenai to eliminate the Harbor Conunission and reassign its duties; and, WHEREAS, the rules regarding the regulation of the "harbor" area contained in. Title 1 I 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, BE IT ORDASNED BY THE COUNCIL OF THE CPPY OF KENAI, ALASKA, that Title I l of the Kenai Municipal is amended as shown in Attachment A. PASSED BY THE COUNCIL OF THE CI1Y OF KEiVAI, ALASI{A, this 20th day of June, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: June 6, 2007 June 20, 2007 July 20. 2007 77 Chapter 11.05 HARBOR MASTER 11..05.010 Harbor Master. 11.05.020 Harbor defined. 11A5.0301Iarbor regulations. 11.05.040 Permit. for terminal or transportation. facilities. 11.05.050 Condition as to equal services and rates. 11.05.060 Investigation of holder-cancellation. 11..05.070 I'aciiity' rates and charges. 11.05.080 Leasing not prohibited. 11.05.090 Use of [auneh ramp and float. 11.05.010 Harbor Master. The Harbor Master, shall be anointed by the City Manager [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 ehe City Manager, subject to approval by the Council; and, in addition, insofar as it is appropriate, shall have all pawars and duties imposed upon harbor masters, porC directors, and administrative heads of harbors and ports by Federal or State law. 1.1.OSA20 Harbor defined. The harbor shall embrace all that portion of ttre Kenai River locaeed within the City of 'Kenai, including all tide and submerged lands, whether filled or unfilled, situated below the line of mean high tide[, AS MAY BE LEASED FROM THE STATE OF ALASKA), 11.05.030 Harbor regulations. The City Manager is hereby empowered, subject to change by the Council, to make such rules and regulations required for the operation of the harbor. not in conflict with the provisions of this Code, and to establish the fees, rates, and charges for the billing and collections for the support of the harbor, and no person shall fail to corriply with any such rule or regulation. 11.05.040 Permit for terminal or transportation f acilities. [(A) ALL LESSEES, OWNERS, OR OCCUPANTS OF PROPERTY WII'IIIN THE HARBOR OR CONI7GUOUS TO fT WHO WISH TO CONSTRUCT OR OPERATE TERMINAL OR TRANSPORTATION FACILITII/S OF ANY KIND THEREIN, INCLUDING BUT NOT LINIiTED TO DOCKS AND WAREHC- USES, SHALL APPLY TO THE LANDSCAPING/SITE PLAN REVIEW BOARD P'OR A PERMIT. APPLICATION THEREFOR SHALL BE MADE IN ACCORDANCE WITH REGULATIONS DESCRIBED IN KMC 14.25, ENTITLED "LANDSCAPING/SIT'E PLAN REGULATIONS," AND SHALL BE ACCOMPANIED BY A PLAN OF THE PROP xOSED CONSTRUCTION, WHICH. SHALL MEET ALL STArIDARDS AND REQUIREMEN'1='S WHICH MAYBE SET FORTTi BY THE catr_vczz,. Ordinance No. 2235-2007 Attachment "A" 5131/2007 8:39 AM CaUocuments and Settings\cfreas\Local Settings\Temporary In[:.rnec Flies\OLFL&\CL•aptcr l l l.doc Page 1 0:78 (B) TILE APPLICANT SHALL REFER ALL PLANS OF THE TYPE OR LOCATION OF ANY PROPOSED CONSTRUCTION WHICH ARE OR MAY BE IN CONTFLICT WITH THE GENERAL CITY PLAN TO THE HARBOR COMMISSION AND TI-IE LANDSCAPL'VGISITB PLAN REVIE~,t` BOARD T'O DETERMINE WHETHER SUCH PROPOSED CONSTRUCTION IS IN KEEPING VTdITH THE OBJECTIVES OF THE GENERAL PLAN. THE DECISION OP THE LANDSCAPING/SITE PLAN REVIEW BOARD SHALL BE BINDING UNLESS APPEALED BY COUNCIL.. THE BUILDING OFFICIAL MAY ISSUE PERMITS UPON SUCH TERMS AND CONDITIONS AND FOR SUCH DURATION AS I"I' MAY DEEM PROPER, AND NO CONSTRUCTION MAY BEGIN OR OPERATION CARRIED ON WITHOUT A PERMIT FROM THE BUII.DING OFFICIAL.] 11A5.050 Condition as to equal services and rates. [1T SHALL BE A CONDITION OF ALL PERRMITS GRAN"T"ED B Y THE CITY COUNCIL THAT THE FACILITIES TO BE CONSTRUCTED AND THE SERVICES TO BE SUPPLIED IN CONNECTION WITH THEM SHALL BE MADE AVAILABLE TO ALL CARRIERS UPON EQUAL TERMS, AT EQUAL RATES, AND WITHOUT DISCRIMINATION OF ANY KIND.] 1L05.060 Investigation oP holder-Cancellation. [THE CITY COUNCIL MAY INQUIRE INTO THE MANNER TN WIIICH OBLIGATIONS UNDER THE PERMITS ISSUED BY IL ARE CARRIED OUT, AND INTO THE RATE SCHEDULES AND PRACTICES OF T'HE PERMIT HOLDERS FOR PURPOSES OF DETERMINING 4~~IiETHER THE PROVISION'S OF THE PERMITS ARE BEING COMPI TRi7 WITH. IT SHALL HAVE ACCESS TC3 BOOKS AND RECORDS AND TO TERMINAL AND TRANSPORTATION FACILITIES AS MAYBE REASONABLY NECESSARY TO ENABLE IT TO MAKE SUCH A DETERMINATION. SHOULD THE COUNCIL AT ANY TIME FIND THE PERMIT HOLDER IS NOT COMPLYING WITH THE TERMS OF HIS PERMIT, IT MAY CANCEL Tlil/ PERMIT UPON SUCH NOTICE AND IN ACCORDANCE WITH SUCH PROCEDURE AS I:T MAY, BY REGULATION, PRESCRIBE.] 11.05.070 Facility rates and charges. [TIIE CITY MANAGER SHALL FIX THE RATES AND CHARGES POR THE USE OF ANY AND ALL TERMINAL OR TRANSPORTATION FACILITIES CONSTRUCTED ON PROPERTY UNDER ITS JURISDICTION, INCLUDING CHARGES ASSESSED AGAINST VESSELS, THEII2 OWt~BRS, AGENTS OR OPERATORS WHICH LOAD OR DISCHARGE CARGO AT ANY OF THE TERML~SALS WITHII~T TIIE HARBOR AREA; CHARGES FOR BERTHAGE WHILE LOADING OR DISCHARGING CARGO; CHARGES FOR ADMINISTRATIVE EXPENSES IN SERVING THE CARRIER'S CHARGES FOR FREIGHT HANDLING, LOADING, UNLOADING AND WHARF DEMURRAGE RATES. SUCH RATES AND CHARGES SHALL BE JUST" AND REASONABLE, AS DETERMINED BY THE CITY MANAGER, SUBJECT TO CHAN GE BY THE COUNCIL, AND SHALL BE Ordinance No. 2238-2007 Acachment "A" 5/31YL007 8:34 Abi n""~' ' -'- rams' n_.,:___~_c__..ax „__, c_..:_.._, m,...........,.. ~........,..o FilPet(1i iCR\!`hamrr i 17 r[n_r ._nvucwucuC ociiu,gwwcm au~..a. w~..ugo....wpvm,y a ............ ......._____.___r-_. _.. Page 2 oP 46 79 PUBLISHED BY POSTING ON THE COUNCIL, BULLETIN BOARD AND IN SUCH OTHER MANNER AS THE COUNCIL MAY REQUIRE.] 11.U5.080 Leasing not prohibited. Nothing in this chapter or in this code of ordinances shall prohibit the City Council from leasing the docks, dock sites, and other harbor facilities to private persons, firms, and corpor~ltions. 1L05.090 Use of launch ramp and float. (a) The City of Kenai launching faoifity shall be open to the public upon reasonable terms and conditions as provided by regulation. (b) Failure to pay a boat launch fee for the City of Kenai launching facility set forth according to KMC 11.05 within one (I) hour of the retrieval of the boat or vessel from the water shall. be a violation punishable by a fine of 550.00. (C)rd. 1597-94} (c) It shall be unlaw£u1 to block access to either of the launch ramp or float facilities. "Bloclting 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 C(7MMISSION 11.10.010 Duties and powers. 11.10.010 Duties and powers. [(A} THE COMMISSION SHALL BE REQUIRBD TO DO THG FOLLOWING: (1} DEVELOP, ADOPT, ALTER, OR REVISE, SUBJECT TO APPROVAL BI' THE CITY COUNCIL, A MASTER PLAN FOR T]EIE PHYSICAL DEVELOPMENT OF HARBOR OR PORT FACILITIES FOR THE CITY. SUCH MASTER PLAN WITH ACCOMPANYING MAPS, PLATS, CHARTS, DI~SCRIPTIVE, AND EXPLANATORY MATTER. SHALL SHOW THE COMMISSION'S RECOMMENDATIONS FOR THE DEVELOPMENT OF THE CITY HARBOR FACILITIES MAY INCLUDE, AMONG OTHER THINTGS: (I) DEVELOPMENT OF THE TYPE, LOCATION, AND SEQUENCE OF ALL FTJBLIC HARBOR FACILITIES; (II) THE RELOCATION, REMOVAL, TJXTENSION, OR CHANGE OF USE OF EXISTING HARBOR FACILITIES; (2) SU'BMTT ANNUALLY TO THE CI'T'Y MANAGER AND COUNCIL, NOT LESS THAN NLNETY (90) DAYS PRIOR TO THIS BEGINNING OF THE BUDGET YEAR, Ordinance No. 2238-2007 Attachment "A" 5/31/2007 8:39 AM C:4Documents and Settings\cflreaa\hocal Settings\Temporary Ineernetr Files\OLKB\Chaptcr l ].l.doc Page 3 of 46 Sl7 A LIST OF THE RECOMMENDED CAPITAL IMPROVEMENTS WHICH, IN THE OPINION OF THE COMMISSION, ARE NECESSARY OR DESIRABLE TO BE CONSTRUCTED DURING THE FORTHCOMING THREE (3) YEAR PERIOD. SUCH LIST SHALL BE ARRANGED IN ORDER OF PREFERENCE, WITH 'RECOMMENDATIONS AS TO GVHICH PROJECTS SHALL BE CONSTRUCTED IN WHICH YEAR. (3) MAKE LNVESTIGATIONS RF.GARDbNG ANY MATTER RELATED TO CITY HARBOR. FACILITIES, TIDE OR SUBMERGED LANDS. MAKE RECOMMENDATIONS TO TIIE COUNCII-, RELATIVE TO THE CARE, COI~'TROL, Al~TD DEVELOPMENT OF TIDE AND SUBMERGED LANDS. (4) ACT II`T THE CAPACTTY AS DIRECTED AND AUTHORIZED B Y 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 TIIE PLANNED IMPROVEMENTS PROPOSED AND MAKE RECOMMENDATIONS TO T'HE CITY COUNCIL. (6) MAKE AND PREPARE REPORTS AND PLANS FOR APPROVAL BY THE CITY COUNCIL. (7} COORDINATE PUBLIC EFFORTS, INDIVIDUAL AN1D GROUP, TO THE EFFECTUATION OF APPROVED PLANS. (8} SHALL ACT IN ADVI50R1' CAPACTTY IiN THE SELECTION OF A HARBOR DIRECTOR SHOULD SUCH A POSITION BE CREATED BY THE CITY COU'I~ICIL.,] Chapter 1L15 TID>1LAND5 1L1S.01.0 Short title. 11.15.020 Definitions. 11.15.030 Approval and acceptance of State conveyance. 11..13.040 Appraval and adoption of subdivisian plat. 11.15.050 Tirne and places of pasting plat. 11.15.060 Puhlieation of notice of pasting plat and plat and passage of ordinance. 11.15.070 Time in which applications will be accepted for filing. 11.15.OS0 Procedure for filing applications. 11.15.090 Initial review by Commission. 21.15.100 Preliminary plat. 11.15.110 Preliminary plat requirements. SL15.120 Survey pracedure. 11.15.130 Procedure on final plat. 11.15.140 Final plat requirements. 11.15.150 Deposits for costs prerequisite to filing. 1L15.160 Additional costs in certain cases. 11.15.170 Procedures for processing fded applicatians. 11.15.1$0 Appraisal. Ordinance No. 2238-2007 Attaci~ment "A" 5/31/2007 8:39 AM C:\-ocuments and Settings\cfreaslLocal. Settings\Temporary IntemeC PileslOLKB\Chapter it l.doc Page 4 of 46 81 11.15.200 Recommended approval by Con-~mission. 11.15.210 Processing of approved applicat~ans by Clerk and notice to public. 11.15.220 Deeds-Permanent register. 1LI5.230 Speeia[ proceedings for disputed[ claims. 11.15.240 Proceedings for determination by Council of all disputes. 1115.250 Determination upon stipulation. ®f facts. 11.15.260 Rejection of pirotests other than by applicant. 11.15.270 Handling of degosit and purchase funds. 1.1.15.2$0 Forfeiture of preference rights. 11.15.290 Forms. 11.15.010 SHORT TITLE. [THIS ORDINANCE SHALL BE KNOWN AS THE "KENAI TIDELANDS ORDINANCE.'°7 LLI5.020 DEFINITIONS. [FOR THE PURPOSE OF THIS ORDINANCE, THE TERMS DEFIN'F_D HEREIN SHALL HAVE THE MEANING PROVIDED UNLESS ~ CONTEXT REQUIRES OTHERWISE: (A) "ALASKA" MEANS THE STATE OF ALASKA. {B} "AGRICULTURAL LANDS" MEANS TIDELANDS CHIEFLY VALUABLE FOR AGRICULTURAL PURPOSES. (C) "ASSESSOR" MEANS THE ASSESSOR OF THE CITY OF KENAI, ALASKA, OR OTHER INDNIDUAL DESIGNATED BY THE CTTY MANAGER TO PERFORM THE FUNCTIONS HEREIN ASSIGNED TO TFIE ASSESSOR. (D} "CI'T`Y" MEANS THE CITY OF KENAI, ALASKA. (E) "CITY ENGINEER" MEANS THE CITY ENGINEER OF THE CITY, OR OTHER CITY OFFICIAL DESIGNATED TO PERFORM THE FUNCTIONS HEREIN ASSIGNED TO THE CITY ENGINEER. (F) "CLASS I PREFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO PERSONS WHO OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS SEAWARD OF A SURVEYED TOWNSITE ON AND PRIOR TO SEI?TEMBER 7, 1957, AND WHO HAVE EXECUTED A WAIVER TO THE CITY AND STATE OF ALL RIGHTS SUCH OCCUPANT MAY HAVE HAD PURSUANT TO PUBLIC LAW 85-303. UPON E~CUTIONT OF THE WAIVER, SUCH PERSONS OR THEIR SUCCESSORS IN INTEREST, HAVE THE RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED CANTOS FROM THE CITY FOR CONSIDERATION OF TFiE COSTS OP SURVEY, AND TRANSFERRING AND CONVEYING THE TITLE. (G) "CLASS II PREFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO CLASS I PREFERENCE RIGHT CLAIMANTS WHO REFUSE TO EXECUTE A WAVER TO THE CITY OF ANY RIGHTS SUCH OCCLT'AN'PS MAY HAVE ACQUIRED PURSUANT TO PUBLIC LAW 85-303. IT SHALL BE MANDATORY FOR THE CITY TO EXPEDITIOUSLY HONOR THE APPLICATION FROM THE OCCUPANT AFTER THE SECRETARY OF THE ARMY HAS SUBMITTED TO THE SECRETARY OF THE INTERIOR AND GOVERNOR OFST3E_S_TATF. MAPS~S30WSNGSI3E-PZERHEADLINE-EST'A$I=ISII4EED ~-Y-T1~E C-ORBS -- Ordinance Vo. 2238-2007 Attachment "A" 5/31/2007 8:39 AM C;\Documents and 9cttings\cfi~eas\Local Settings\Tempocary Internet Files\OLKB\Chaoter 1ll.doc Page 5 of 4G $2 OF ENGINEERS WITH RESPECT TO THE TRACT SO GRANTED. THE MOST EXPEDTI'IOUS METHOD OF SECURING TITLE TO SUCH LANDS IS TO EXECUTE THE WAIVER OF CLASS II RIGHTS AND PROCEED TO APPLY FOR TITLE UNDER A CLASS IPREFERENCE RIGHT. (I) "CLASS III PREFERENCE RIGHT" MEAZ~SS 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 SUCCESSC)RS, HAVE THE RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED L.SNDS FOR A CONSIDERATION NOT TO EXCEED THE COSTS OF APPRAISAL, AN'D THE ADMINISTERING AND TRANSFERRING, INCLUDING SURVEY, TOGETHER WITH THE APPRAISED FAIR MARKET VALUE THEREOF, EXCLUSIVE OF ANY VALLB OCCURRING FROM IMPROVEMENTS OR DEVELOPMENT. SUCH AS FILL MATERIAL, BUILDPVG, OR STRUCTURES THEREON. (J) "CLERK" MEANS THE CLERK OF THE CITY. (K) "COMMISSION" MEANS THE CITY OF KENAI ADVISORY HARBOR COMMISSION. (L) "DIRECTOR" MEANS THE DIRECTOR CeF LANDS, STATE OP ALASKA. {M) "DIRECTOR'S LINE" MEANS A LINE SEAWARD OF THE CITY, APPROVED BY THE DIRECTOR, VdITH THE CONCURRENCE OF THE COMMISSIONER OF NATURAL RESOURCES, STATE OF ALASKA, SEAWARD OF ALL TII?E AND SUBMERGED LANDS OCCUPIED OR SUITABLE FOR OCCUPATION AND DEVELOPMENT WITIIOL~'I' UNREASONABLE INTERFERENCE WITH NAVIGATION. {N) "FAIR MARKET VALUE" MEANS TI-IE HIGHEST PRICE, DESCRIBED IN' TERM5 OF MONEY, WHICH THE PROPERTY WOULD BRING IF E3:POSED FOR SALE FOR A REASONABLE TIME IN THE OPEN MARKET, WITH A SELLER, WILLING BUT NOT FORCED TO SELL, AND A BUYER, WILLING BUT NOT FORCED TO BUY, BOTH BEING FULLY INFORMED OF ALL THE PURPOSES FOR WHICH THE PROPERTY IS BEST ADAPTED OR COULD BE USED. (O) "FILL" SHALL MEAN EARTH, GRAVEL, ROCK, SAND, OR OTHER SLMILAR MATERIALS PLACED UPON TIDE OR CONTIGUOUS SUBMERGED LANDS TO A HEIGHT ABOVE THE HIGH WATER LINE FOR THE PURPOSE OF ELEVATING THE LANDS FOR A SPECIAL USEFUL PURPOSE. EE~RTH, GRAVEL, ROCK, SAND, OR OTHER SIMILAR MATERIALS, PLACED ON TLBE OR CONTIGUOUS SUBMERGED LAND SOLELY FOR THE PURPOSE OF SPOILS DISPOSAL SHALL NOT BE CONSIDERED FILL UNLESS SUCH FILL WAS USED FOR USEFUL AND BENEFICIAL PURPOSE ON AND PRIOR TO 7ANiJARY 3, 1959. (P) "HEARINGS OFFICER" MEANS THAT CITY OFFICIAL EMPLOYED TO HEAR DLSPUTES BETWEEN CLAIMANTS, SUMMARIZE THE TESTIMONY, ATTEMPT TO REACH STIPULATIONS OF FACT BETWEEN THE PARTIES, ASSEMBLE THE RECORD OF THE DISPUTE, AND SUBMIT T'I~ SAME TO THE COUNCIL POR DETERMINATION. Ordinance Na. 2238-2007 A[GZChment "A" 513112007 8:39 AM -- C:1'Docnments and Setcinge\c6reaslt,oca7 Settings\Tcmpnrary Internet Files\OLKB\Cha,pter i 11.doc Page 6 of 46 83 (Q} "IMPROVEMENTS" MEANS BUII,DINGS, WHARVES, PIERS, DRY DOCKS, AND O'T'HER SIMILAR TYPES OF STRUCTURES PERMANENTLX FLXED TO THE TIDE OR CONTIGUOUS SUBMERGED LANDS THAT WERE CONSTRUCTED ANDlOR MAINTTATNED BY THE APPLICANT FOR BUSINESS, COMMERCIAL, RECREATION, RESIDENTIAL, OR OTHER BENEFICIAL USES OK PURPOSES. FLOATS SECURED BY GUIDE PILES USED AS FLOATING WHARVES , WHERE ACCESS IS PROVIDED TO TI-TE SHORE, SHALL BE IMPROVEMENTS WITHIN THE MEANING OF THIS SECTION, AND FILL MATERIAL NOT ACTUALLY IN PLACE TO ABOVE THE LINE OF MEAN HIGH TIDE OF JANUARX 3, 1959 AND ACTUALLY UTILIZED FOR BENEFICIAL PURPOSES ON JANUARY 3, 1959 BY THE APPLICANT SHALL BE CONSIDERED A PERMANENT IMPROVEMENT, BUT IN NO EVENT SHALL FILL BE CONSIDERED A PERMANENT IMPROVEMENT WHEN PLACEZ~ ON THE TIDELANDS SOI.EZY FOR THE PURPOSE OF DISPOSING OF WASTE OR SPOILS. FILL MATERIAL NOT L"I'ILIZED FOR A BENEFICIAL PURPOSE ON AND PRIOR TO JANUARY 3, 1959, AND FILL MATERIAL NOT ACTUALLY IN PLACE TO ABOVE THE LINE MEAN HIGH TIDE ON JANUARY 3, 1959 SHALL NOT BE THE BASIS FOR AN APPLICATION, NOR SHALL IT BE INCLUDED IN ANY APPLICATION, FOR THE EXERCISE OF PREFERENCE RIGHTS HEREUNDER. (R} "INDUSTRIAL AND COMMERCIAL LANDS" MEAN'S TIDE LANDS CHIEFLY VALUABLE FOR INDUSTRIAL, MANUFACTURING, OR COMMERCIAL PURPOSES. (S) "KENAP' MEANS THE CITY OF KENAI> ALASKA. (T) "MANAGER" MEANS THE MANAGER C)F THE CITY OF KENAI, ALASKA. (U) "MEAN HIGH TIIJE" AT ANY PLACE SUBJECT TO TIDAL INFLUENCE SHALL BE INTERPRETED AS THE TIDAL DATUM PLANE DERIVED FROM AVERAGING ALL THE HIGH WATERS OBSERVED AT THAT PLI-SCE OVER A PERIOD OF NL~IETEEN (19) YEARS. MEANT HIGH WATER SHALL'BE INTERPRETED TO BE AS THE INTERSECTION OF THE DATUM PLACE OF h2EAN HIGH WATER WITH THE SHORE. (V} "MEAN LOW TIDE" SFJALL BE INTERPRETED TO BE MEAN LOWER LOW WATER WIIICH IS THE MEANT OF THE LOWER OF THE TWO LOW WATERS OF EACH DAY FOR A TIDAL CYCLE OF NINETEEN (19) YEARS. (W) "OCCUPANT" MEANS ANY PERSONAS DEFINED HEREIN, OR HIS SUCCESSOR IN INTEREST, WHO ACTUALLY C3CCUPIED FOR ANY BUSINESS, RESIDENTIAL, OR OTHER BENEFICIAL PURPaSE, TIDE OR SUBMERGED LAND, WITHIN THE CONVEYANCE OF SUCH BY THE STATE TO THE CITY, ON OR PRIOR TO JANUARY 3, 1959, WITH SUBSTANTIAL P7/RMANENI' IMPROVEMENTS. NO PERSON SHALL BE CONSIDERED AN OCCUPANT BY REASON OF HAVING: (1} PLACED A FISH TRAP IN POSITLtJN FOR OPERATION OR STORAGE UPON THE TIDE. SHORE, OR SUBMERGED LAND; (2) PLACED A SET NET OR PII.ING '€€'HEREFOR OR ANY OTHER DEVICE OR FACILITY FOR TAKING OF FISH; (3) PLACED PILINGS OR DOLPHINS FOR LONG STORAGE OR OTHER MOORAGE; Ordinance No. 2238.2007 ketachment "A+' S/31/2D07 8:39 AM C:\Documents and SettingsicfceaslLocal Set6ngslTemporary 3ntemes Files\OLKB\Chapter '1 l l.doc Page 7 of 84 (4) PLACED TELEPHONE, POWER, OR OTHER TRANSMISSION FACILITIES, ROADS, TRAII.,S, OR OTHER CONTIGUOUS SUBMERGED LANDS; OR (5) CLAIMED THE LAND BY VIRTUE OF SOME FORM OF CONSTRUCTIVE OCCUPANCY. WHERE LAND IS OCCUPIED BY A PERSON OTHER THAN THE OWNER OF THE IMPROVEMENTS THEREON, THE OWNER OF THE IIvIPROVEMENTS SHALL, FOR THE PURPOSE OF' "HIS ORDINANCE, BE CONSIDERED THE OCCUPANT OF SUCH LANDS. (X) "OCCUPIED OR DEVELOPED" MEANS THE ACTUAL USE, CONTROL, AND OCCUPANCY, BUT NOT NECESSARILY RESIDENCE, OF THE TIDE OR SUBMERGED LAND BY THE ESTABLISHMENT THEREON OF SUBSTANTIAL PERMANENT IMPROVEMENTS. (Y} "ORDINANCE" MEANS THE KENAI TIDELANDS ORDINANCE, (Z} "PARK AN`D RECREATION LANDS" MEANS TIDELANDS CHIEFLY VALUABLE FOR PUBLIC PARK AND RECREATION USE, INCLUDING SCENIC OVERLOOKS. {AA) "PERSON" MEANS ANY PERSON, FIRM, CORPORATION, COOPERATIVE ASSOCIATION, PARTNERSHII' OR OTHER EN'T'ITY LEGALLY CAPABLE OF OWNING LAND OR ANY INTEREST THEREIN. (BB) "PIERHEAD LINE" IS A LINE FIXED BY THE CORPS OF ENGINEERS ROUGHLY PARALLEL TO THE EXISTING LINE OF MEAAT LOW TIDE AT SUCH DISTANCE OFFSHORE THEREI'ROM THAT SAID PIERHEAD LINE SHALL ENCOMPASS LANDWARD ALL STATIONARY, MANMAllE STRUCTURES UNDER THE AUTHORITY OF PUBLIC LAW 85-303. (CC} "PREFERENCE RIGHT" SUBJECT TO TI3E CLASSIFICATIONS THEREOF HEREIN ESTABLISHED MEANS THE RIGHT OF AN OCCUPANT TO ACQURtE BY GRANT, PURCHASE, OR OTHERWISE, AT THB ELECTION OF THE OCCUPANT, EXCEPT AS OTHERWISE LIMTI'ED OR PRESCRIBED IN THIS ORDINANCE, ANY LOT, PIECE; PARCEL, OR TRACT OF TIDELAND OR SUBMERGED LAND OCCUPIED OR DEVELOPED BY SUCH OCCUPANT ON AND PRIOR TO JANUARY 3, 1959. (DD) "STATE" MEANS THE STATE OF ALASKA. (EE) "SUBMERGED LANDS'" MEANS LAND COVERED BY TIDAL WATERS BETWEEN THE LINE OF MEAN LOW WATER AND SEAWARD TO A DISTANCE OF THREE (3) GEOGRAPHICAL MILES, IN THEIR NATURAL STATE, WITHOUT BEING AFFECTED BY MANMADE STRUCTURES, FILZ., AND SO FORTH. (FF) "SUBSTANTIAL PERMANENT IMPROVEMENTS" SHALL FOR THE PURPOSES OF THE ORDLNANCE HAVE THE SAME MEANING AS IIvIPROVEMEN'TS, AS HEREIlV DEFINED. (GG) "TIDELANDS" MEANS LANDS PERIODICALLY COVERED BY TIDAL WATERS BETWEEN THE ELEVATIONS OF MEAN HIGI~ TIDE AND MEAN LOW TIDES, WITHOUT REGARD TO ARTIFICIAL INTERFEB<2ENCE WITH TII7AL FLOWS CAUSED BY MANMADE STRUCTURES, BREAKWATEK S, FILL, AND THE LIKE. WHEN tiSED IN THIS ORDINANCE, iT SHALL ALSO INCLIJ~E SUBMERGED LANDS CONVEYED BY THE STATE TO TT-IE CITY. Owinance N2 2235-2009 Adachment "A" 5Y31/2009 8:39 AM C:\Documents and Settings\cireas\Locaf SettingslTemporarg Internet Pi3es\OLKBtChupter 11 i.doc Page fi of 46 85 (HH) "TIDELANDS SUBDIVISION PLAT" IS THAT CERTAIN PLAT OF SUBDIVISION OF TIDELANDS A.ND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY MADE BY H.H. GALLIETT, 7R., REGISTERED ENGINEER, BATED DECEMBER, 1968, KNOWN AS ALASKA TIDELANDS SURVEY NO. 272 AND FILED AS 76-179 IN THE KENAT RECORDING DISTRICT SHOWING ALL STRUCTURES AND IMPROVEMENTS THEREON AND THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED, TOGETHER WITH THE NAME OF THE OWNER OR CLAIMANT THEREOF, INCLUDING WITHIN THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED SUCH SURROUNDING TIDE ANI? SUBMERGED LANDS AS SHALL BE REASONABLY NECESSARY LN THE OPINION OF THE COUNCIL FOR THE USE AND ENJOYMENT OF THE STRUCTURES AND IMPROVEMENTS THEREON BY THE OWNER OR CLAIMANT, BUT SHALL NOT INCLUDE ANY TIDE OR SUBMERGED LANDS WHICH IF GRANTED TO SUCH OCCUPANT, WOULD UN7IJSTLY DEPRIVE ANY OCCUPANT OF AD70LNING LANDS FROM HIS REASONABLE LJSE AND ENJOYMENT THEREOF.) 1L15.030 APPROVAL AND ACCEPTANCE O'F STATE CONVEYANCE. [THE CONVEYANCE BY THE STATE TO ?'I~ CITY, DATED 7ANUARI' G, 1977 OF TIDELANDS AND SUBMERGED LANDS LYLNG SEAWARD OF THE CITY IS HEREBY APPROVED AND ACCEPTED AND THE LANDS THEREIN ARE HEREBY DECLARED INCORPORATED INTO THE LIMIT'S OF THE CITY.) 11.15.040 APPROVAL AND ADOPTION OF SUBDIVISION PLAT. [THE TIDELANDS SUBDIVISION PLAT, ZIEREINAFTER CALLED "PLAT" IS HEREBY APPROVED AND ADOPTED AS THE OFFICIAL TIDELANDS SUBDIVISION PLAT OF THE CITY OF KENAI, ALASKA, OF TLDE AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY BY CONVEYANCE DATED JANUARY 6, 1977. SAID ALASKA TIDELANDS SUKVEY IS LUMBERED 272 AND IS PILED UNDER 76-179 IN THE KENAT' RECORDING DISTRICT.) 11.15.050 TIME AND PLACES OF POSTING PLAT. [SAID PLAT SHALL BE POS'T'ED FOR A PERIOD OF NOT LESS THAN SIXTY (6f)) DAYS, COMMENCING WITH THE DATE'FOLLOWING THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, IN THE OFFICE OF THE CLERK, CITY HALL BUILDING.) 11..15.060 PUBLICATION OF NOTICE OF POSTING PLAT AND PLAT AND PASSAGE OF ORDINANCE. [THE CLERK SHALL CAUSE TO BE ISSL7ED AND PUBLISHED ONCE A WEEK. FOR FOUR WEEKS, IN A NEW SPAPER OF GEN :ERAL CIRCULATION IN THE CITY COMMENCING THE DAY AFTER THE DATE Q P FINAL PASSAGE OF THIS ORDINANCE, A NOTICE OF THE POSTING OF SAID PLAT CONTAINING THE FOLLOWING STATEMENTS: Ordinance No. 2238-2007 Attachment "A" 5/32/2007 839 AM C:\Documents and Settings\cfrcas\Local Settings\Temporary Internet FitesIOLKB1Chaptec 11 Ldoc Page 9 of 46 86 (A} TIME AND PLACE OF POSTING. (B) THE DAY OF FINAL PASSAGE AND THE EFFECTIVE DATE OF THIS ORDINANCE WHICH ADOPTS THE PLAT AS THE OFFICIAL TIDELANDS SUBDIVISION PLAT OF THE TIDE AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY ON JANUARY 6, 1977. (C) THAT ANY AND ALL PERSONS HAVING OR CLAIMIlVG PREFERENCE RIGHTS PROVIDED BY LAW AN'D AS HEREIIv DEFINED TO P.NY PART OR PARTS OF THE SUBDIVIDED LAND EMBRACED WPI'HIN THE BOUNDARIES OF SAID PLAT, WHO FAIL TO APPLY TO EXERCISE SUCH RIGHTS UNDER THE PROVISIONS OF THIS ORDINANCE WITHIN TWO (2) YEARS FROM AND AFTER OCTOBER 6, 19'19, WHICH IS HEREBY DECLARED TO BE THE DATE UPON WHICH APPLICATIONS THEREFOR WILL BE FfftST ACCEPTED BY THE CTl'Y, SHALL HAVE PORFEITED TFIEIR PREFERENCE RIGHTS PROVIDED BY LAW AND THIS ORDINANCE. (D) THAT THIS ORDINANCE WAS ENACTED TO PROTECT OCCUPANTS HAVING PREFERENCE RIGHTS, TO AFFORD DUE PROCESS OF LAW, TO PROVIDE PROCEDURES FOR APPLYING FOR EXERCISE OF PREFERENCE RIGHTS, FOR HEARING AND ADJUDICATING ADVERSE CLAIMS, AND FOR CONVEYING TITLE TO OCCUPANTS HOLDING PREFERENCE RIGHTS DEFINED BY LAW AND THIS ORDIlvANCE. (E} THAT COPIES OF THIS ORDINANCE AND APPLICATION FORMS ARE AVAILABLE AT THE OFFICE OF THE CLERK OF THE CITY.) 11..15.(170 TIME IN WHICH APPLICATIONS WILL BE ACCEPTED FOR PILING. [APPLICATION FORMS, IN SUBSTANTIALLY THE FORM SET FORTH IN KMC I L15.290(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 BUSINE3SS AT 5:00 P.M., AFTER WHICH NO APPLICATION FORMS WILL BE FURNISHED AND AFTER WHICH NO APPLICATIONS WILL BE ACCEPTED FOR FILLNG.] I1.15A80 PROCEDURE FOR FILING APPLICATIONS. [APPLICATIONS SHALL BE SUBMITTED, AND WILL BE RECEIVED FOR FILIly G, ONLY FOR TFIE PURPOSE OF CLAIMIL~TG PREFERENCE RIGHTS HEREIN DEFLNED TO THE TIDELANDS CONVEYED TCy THE CITY BY THE STATE. (A) APPLICATION FORMS WILL BE PROVIDED BY THE CLERK WITHOUT CHARGE AT THE CITY CLERK'S OFFICE IN THE CITY HALL BL`ILDING. (B) APPLICATIONS MUST BE SUBMITTED IN TRIPLICATE, (C) APPLICATIONS NOT CLEARLY LEGIBLE NOR PROPERLI' COMPLETED AND CERTIFIED BY THE APPLICANT WILL NOT B~ ACCEPTED FOR FILIlVG. SINCE THE FACT ALLEGED MAY BE USED IN HEARLNGS OF DISPUTES THEIR TRUTH MUST BE CERTIFIED. THE FACTS ALLEGED WILL ALSO BE THE BASIS FOR THE CONVEYANCES OF VALUABLE PROPERTY. WII..LFUL AND DELIBERATE -- ~Ii3~~ATEMENT~~F-FACE WHO B~ EQUIVALENT T{3 A~TnI~u'TI~I" m•~-rvo~L:- Ordinance No. 2238-2007 Attachment "A° 5131!2007 8:39 AM - CaDoccments and Set[ingsleEreas\Local SettingslTemporar;+ Internet F'ilesiOLKEIChapter 111.doc Page 10 of 46 $7 VALUABLE PUBLIC PROPERTY 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 DEPOSIT COMPUTED ACCORDING TO THE NATURE OF THE APPLICATION MADE. APPLICATIONS PROPERLY COMPLETED ACCOMPANIED WITH THE PROPER DEPOSIT WILL BE STAMPED WITH THE TIivIE AND DATE OF FILLNG AND SIGNED BY THE PERSON ACCEPTING THE DEPOSIT. THE TRII'LICATE COPY WTLL THEN BE DELIVERED TO THE APPLICANT, OR MAILED TO HLM IF A RETURN ENVELOPE WITH POSTAGE AFFIXID IS FURNISHED OR DELIVERED TO THE CITI' CLERK. CITY ADMINISTRATION OFFICES, AIRPORT TERMLNAL BUII.DING, KENAI, ALASKA. (E} ANY APPLICATIONr FOR A DEED BASED ON AN ASSERTED RIGHT OTHER THAN A PREFERENCE RICsHT SHALL BE REJECTED. (F) ANY APPLICATIONS NOT WAIVING THE CLASS II PREFERENCE RIGHT SHALL BE FILED Bl' THE CLERK, TOGETHER WITH ALL OTHERS OF LIKE NATURE, TO AWAIT THE OFFICIAL PROMULGATION OF THE PIERHEAD LINE. THEREAFTER SUCH APPLICATIONS SHALL BE PROCESSED AS APPLICATIONS UNDER TT3E CLASS I RIGHTS. {G) APPLICATIONS NOT ACCOMPANIED BI' TIIE PROPER DEPOSIT FOR COSTS SHALL BE REJECTED.] 11.15.090 INITIAL REVIEW BY COMMISSION. [AFTER INITIAL REVIEW OF TIC APPLICATION BY THE COMMISSION, THE APPLICANT SHALL HAVE PREPARED AT HIS OWN COST A PRELIMINARY AND FINAL PLAT AS DESCRIBED Ih~ THE FOLLOWING SECTION.] 11.15.100 PRELIMINARY PLAT. [(A} THE APPLICANT SHALL PREPARE, OR RAVE PREPARED, A PRELIIvIINARY PLAT OF THE TIDE, SHORE, OR SUBMERGED LANDS WHICH HE CLAIMS. THIS PLAT SHALL COMPLY WITH THE REQUIREMENTS HEREINAFTER SET FORTH. {B} THE PURPOSE OF A PRELIMINARY PLAT IS TO AFFORD TI-IE OCCUPAiv'T AN OPPORTUNITY OF RECEIVING PRELIMINARY REVIEW AND PREVENT THE LIVNECESSARY EXPENDITURE OF MONEY AND TIME THAT WOULD BE NECESSITATED IF MAJOR. CHANGES WERE REQUIRED. (C) THE APPLICANT MUST FILE HIS APPLICATION ACCOMPANIED BY FOUR BLACK OR BLUE-LINED PLATS OF THE LAYOUT. (D) TIC COMMISSION SHALL FORWARD THE PRELIMINARY PLAT TO AN ENGLNEER TO BE DESIGNATED BY THE COMMISSION, WHO SHALL REPORT TU THE COMMISSION HIS APPROVAL OR DISAPPROVAL OF THE PLAT FOR TECFLNICAL OR ENGINEERING REASONS AND THE COMMISSION SHALL, WITHIN NINETY (90}DAYS AFIBR SUBMISSION OF THE PRELIMINARY PLAT, NOTIFY THE APPLICANT OF THE TENTATIVE APPROVAL OR DISAPPROVAL OF THE PLAT AND HZS_RE~ISONS_THERFFQR,----------- -_._- Ordinance No. ?238-2007 Attachment "A" 5!31/2007 8:39 AM Q\Uocumenu and Settingslefreas\Lncal Set6n~slPemporary Ineeroee PIles\OLKB\Chapter 1,11.doc Page I1 oP46 $~ (E) CONDITIONAL APPROVAL OF THE PREL.INIII~TARY PLAT SHALL NOT CONSTITUTE APPROVAL OF THE FINAL PLAT. RATHER, IT SHALL BE DEEMED AN EXPRESSION OF APPROV AL AS A GUIDE TO PREPARATION OF THE FINAL PLAT.] 1L1S.I10 PRELIMINARY PLAT REQUIREMENTS. [THE PRELIMINARY PLAT SHALL SHOW THE FOLLOWING INFORMATION: (A} LEGAL DESCRIPTION OF LOCATION TO INCLUDE LATITUDE AND LONGITUDE TO THE NEAREST MINUTE ATONE CORNER OF THE SURVEY AND THE TOTAL ACRES OF THE AREA OCCUPIED OR CLAIMED. {B) NAME AND ADDRESS OF APPLICANT AND NAME OF LAND SURVEYOR, IF ANY, WHO PREPARED THE PRELIMINARY LAYOUT. (C) THE HORIZONTAL SCALE SFIALL BE 100' TO THE INCH UNLESS OTHERWISE APPROVED BY THE COMMISSION. (D} DATE OF PREPARATION AND NORTH POINT. (E) THE HORIZONTAL SCALE SHALL BE 100' TO THE INCH UNLESS OTHERWISE APPROVED BY THE COMMISSION. (F) THE LOCATION OF ALL ROADS WITHIN 200' OF THE TRACT, FILL MATERIAL, EXISTING PERMANENT BUI.LDINGS, OR OTHER STRUCTURES WITHNN THE PARCEL, EXISTING UTILITY LINES, MEAN HIGH AND LOW TIDE LINES WITH REFERENCE TO PERMANENT STRUCTURES AND OTHER PERMANENT FEATL72ES SUCH AS SECTION LINES, AND SUCH 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, IF ANY, OTHER THAN THE CITY. (I} ADJACENT U.S. SURVEYS, IF ANY, GIVING THE NUMBER OF TIII' SURVEY. {J} A VICINITY SKETCH OR KEY MAP SHC-ULD BE SHOWN ON THE PRELIMINARY LAYOUT. THE SCALE SHALL NOT' BE LESS THAN ONE-HALF INCH TO THE MILE. THE RELATIVE LOCATION OF THE PARCEL BEING APPLIED FOR, THE PRINCIPAL ROAD SYSTEMS AND SECTIC?N OR SPECIAL SURVEY LINES SHALL ALSO BE SHOWN.] 11.15.220 SURVEY PROCEDURE. [WHEREVER FEASIBLE, DATA AS SET FORTH IlV ATS 272, RECORllED IN THE KENAI RECORDING DISTRICT' AS 76-179 SHALL BE USED. WHERE ADDITIONAL DATA IS REQUIRED THE FOLLOWING PROCEDURES SHALL GOVERN: (A) DETERMINING THE LINE OF MEAN HIGH TIDE. (1) IN THE CASE OF U.S. SL7RVEY W~-ITCH ABUTS THE TIDELANDS, SUCH U.S. SURVEY BELG MADE PRIOR TO THE D 4. TE OF STATEHOOD, THE LLNE OF MEAN HIGH TIDE SHALL BE CONSTRUED TO BE ETI'HER THE MEANDER LINES ESTABLISHED ON THE SEAWARD SIDE OF TI-iE U.S. SURVEY OR THE LIIVE AS Ordinance No. 2235-2007 Attachment "A^ 5/31(?007 8:3) AM CaDocuments and Settings\cfreas\Local Settiugs\Temporary Internet Fiies\OLKB\Cnapter 111.doc Page 7 2 of 46 89 DEFINED UNDER SECTION 2(S) OF THESE REGULATIONS, WHICHEVER IS THE LOWER. (2) FOR TIDELANDS SURVEYS ABUTTING ANY U.S. SURVEY MADE AFTER THE DATE OF STATEHOOD OR IN ANY LOCATION WHERE NO UPLANDS SURVEY EXISTS, THE LINE OF MEAN HIGH TIDE SHALL BE DETERMINED BY USLNG U.S.C. & G.S. BENCH MARKS (OR ANY OTHER BENCHMARKS 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 LN A "MEANDER" OR "AVERAGE" LINE OF MEAN HIGH TIDE. EACH END OF THE BOUNDARY SHOULD BE ESTABLISHED ON THE ELEVATION OF MEANT HIGH TIDE. PROVIDED, HOWEVER, THAT WHERE THE TRUE LINE OF MEAN HIGH TIDE HAS BEEN ALTERED BY FILL OR ARTIFICIAL ACCRETION, THE LINE OF HIGH TIDE AS IT EXISTED PRIOR TO SUCH ALTERATION SHALL GOVERN. (3) IN THE CASE THAT NO U.S.C. & G.S. BENCH MARK EXISTS WITHIN ONE MILE OF THE PROPERTY BEING SURVEYEB, THE SURVEYOR MAY, BY USING THE TIDE TABLES FOR THE IMMEDIATE BODY OF WATER, AND APPLYING TIDAL READINGS HE HAS TAKEN, DETERMINE THE LINE OF MEAN HIGH TIDE AND USE IT IN ACCORDANCE WITH PARAGRAPH (2) OE THiS SECTION. IN SOME CASES, SUCH AS SALT OR MUD FLAT AREAS WHERE THE AVERAGE GRADE OF THE BENCH IS TEN PERCENT (IO%) OR LESS AND DETERMINING THE ELEVATION OF THE LINE OF MEAN HIGH TIDE COULD CREATE A LENGTHY HORIZONTAL DISTANCE, THE CITY COUNCIL MAY REQUIRE THAT THE TRUF. LINE OF MEAN HIGH TIDE BE ESTABLISHED, REGARDLESS OF THE DISTANCE FROM A KNOWN BENCH MARK. (B) METHOD OF E5TABLISHIlVG SIDE BOUNDARY LINES. (I) INFIXING THE SIDE BOUNDARY LINES, THE GENERAL RULES OF EXTENDING RIPARIAN BOUNDARY LINES, AS OUTLINED BY SUCH AUTHORS AS RAYNER, CLARK OR BROWN, SHALL BE FOLLOWED. IN THE EVENT THAT ACTUAL OCCUPANCY DOES NOT MATCH TFIE RIPARIAN BOUNDARIES, THE SURVEY SHALL BE MADE TO INCLUDE THE OCCUPANT'S HOLDINGS AND NOT TO ENCROACH ON THE ADJOINING OCCUPANT.a 11.15.13© PROCEDURE ON FINAL PLAT. [(A) THE FINAL PLAT SHALL CONFORM SUBSTANTIALLY TO THE PRELIMINARY LAYOUT AS APPROVED BY THE COMMISSION. ($) THE FINAL PLAT SHALL BE SUBMTTTED TO THE CITY CLERK ON GOOD QL'AL1TY 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 ll2" X 34", OR 22" X 36'°, UNLESS OTHERWISE APPROVED BY THE COMMISSION. WHEN MORE THAN ONE SHEET IS REQUII2.ED, AN INDEX SHALL BE FILED SHOWING THE ENTIl2E PARCEL WITH THE SHEETS IN NUMERICAL ORDER, ANA EACH SHEET SHOWING THE TOTAL NUMBER, LE., SFIEET 1 OF 3. WIZEN MORE Ozdinancc No. 2238.2007 ACact~ment "A^ 5/31l200? 8:39 AM CaIlocuments :md Settings\cireaelLocal Soffings\'Pempoxary intemet Files\OLK61Chapter 111.doe Page 13 of 46 90 THAN ONE SHEET IS SUBMITTED, ONLY TIC LAST MUST HAVE THE APPROVAL BLOCKS, BUT ALL SHEETS MUST BETHE SAIvIE SIZE. (D) WHEN THE FINAL PLAT HAS BEEN APPROVED BY'I'HE 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 OFFICZAL RECORDING. SPECIAL INSTRUCTIONS SHALL BE SENT TO THE MAGISTRATE INSTRUCTING HIM TO SEND TIC DEED TO THE OCCUPANT AifiER RECORDING. ONE COPY OF THE PLAT WILL BE RETURNED TO THE OCCUPANT. THE ORIGINAL TRACING CONTAINING THE CERTIFICATION BY THE COMMISSION WILL: BE RETAINED BY THE CITY. PRINTS OR DUPLICATE TRANTSPARENCIES WILL BE FURNISHED AT COST OF REPRODUCTION] ILI5.I40 FINAL PLAT REQUIREMENTS. [{A) THE PI_NAL PLAT SHALL INCLUDE ALL INFORMATION REQUIl2ED ON THE PRELIMINARY PLAT. (B) THE FINAL PLAT MUST REPRESENT AN ACTUAL SURVEY MADE BY A PERSON WHO HAS BEEN QUALIFIED BY TIC STATE OF ALASKA, BOARD OF ENGINEERS & ARCHITECTS EXAMINERS TO PRACTICE LAND SURVEYNG IN THE STATE OF ALASKA. (C) IN ADDITION THERETO, THE FOLLOR'ING LNTFORMATION SHALL BE SHOWN ON THE FINAL PLAT: (i) BOUNDARY LINES OF THE PARCEL WITH LENGTH AND BEARINGS WHICH MUST CLOSE WITHIN THE LIMITS OF ONE TO 5,000. IF THE SEAWARD LIMITS OF THE SURVEY FALLS WITHLN 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 U5ED. (4) A PROPERL Y LABELED LEGEND SHOWING MONUMENTS AS FOUND OR ESTABLISHED. (5} TIC COURSE OP THE SHORELINE FOR AN ADDITIONAL 400' FROM EACH SIDE OF THE SURVEY. (D} MONUMENTS. (1) MLNIIVNM REQUII2EMENTS: MOIVI.)MENTS SHALL CONSIST OF A 1 112" GALVANIZED IRON PIPE, 30 OR MORE INCHES LONG. THIS PIPE SHALL HAVE A FOUR-INCH FLANGE ACROSS THE BOTTOM AND SHALL BE FILLED WTTFI CONCRETE. FIRMLY EMPLACED 1N THE CONCRETE AT THE TOP SHALL BE A BRASS OR BRONZE CAP. THE PIPE SHALL BE THOROUGI3L,Y TAMPED WHEN 5ET. (?) THE BRASS OR BRONZE CAP SHALL HAVE A MINIMUM OF TWO-INCH DIAMETER ACROSS THE TOP AND 3l4" BY 2 I/2" SHANK. EACH CAP SHALL BE MARKED IN ACCORDANCE WITH THE MANUAL OF SLRVEYING INSTRUCTIONS '. Ordinance No. 2238-ZA07 Attachment "A" 5/31/2067 8:39 AM - C:\Doeumenes and Setcings\efreas\L-ocal Settings\Temporary Internet Files\OLKB\Chapter I l.l.doc Page 14 0; 46 9I AS COMPILED BY THE BUREAU OF LAND MANAGEMENT` AND SHALL ALSO SHOW THE REGISTRATION NUUMBER OF THE SURVEYOR. (3) WHERE AvIPRACTZ.CABLE 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 POLNiT' MAY BE USED. SHOULD THE POINT FOR A CORNER BE IN A PLACE WHICH WOULD BE IMPRACTICABLE TO MONUMENT, WITNESS CORNERS SHALL BE SET IN A SAFE PLACE ON THE SURVEY BOUNDARY LINE OR HAVE TWO REFERENCE MONUMENTS SET. THE MONUMENTS ON TTY UPLANDS SIDE OF THE SURVEY SHALL BE REFERENCED TO BEARING OBJECTS, SUCH A5 TREES, ROCKS, PILING, BUILDINGS, ETC., OR HAVE TWO REFERENCE MONUMENTS SET MARKING THE CORNER. (E} THESE REFERENCES MAY BE SHOWN ON THE PLAT OF SURVEY OR MAYBE LISTED SEPARATELY ON A PLAT AS DESCRIBED UNDER KMC 11.15.130(C). (1) UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL„ EACH SURVEY SHALL HAVE AT LEAST FOUR MONUMENTS, EACH FULLY DESCRIBED IN THE PLAT OF SURVEY. IT IS DESIRABLE BUT NOT MANDATORY THAT MONUMENTS BE SET AT ALL EXTERIOR AN'~'rLE POINTS OF THE PARCEL. THE LINE OF SIGHT BETWEEN ADJACENT MONUMENTS SHALL BE UNOBSTRUCTED. THE DISTANCE BETWEEN ADJACENT MONUMENTS SHALL NOfi EXCEED 1,324 FT. NO PART OF THE PARCEL SHALL BE FARTHER THAN 1,320 FT. FROM A MONUMENT UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL. (2} IF THE POINT FOR THE SEAWARD CORNER FALLS IN AN UNSAFE PLACE, A WITNESS CORNER SHALL BE ESTABLISHED ON THE SIDE BOUNDARY" LINE. (F) RELATIONSHIP TO KNOWN MONUMENT. (1) BEARINGS OF ALL LINES SHALL BE REFERRED TO THE TRUE MERIDIAN. THE MAGNETIC NEEDLE MAY NOT BE USED FOR: THIS PURPOSE. BEARINGS SHALL BE OBTAINED BY DEFLECTION FROM EXISTING OFFICIAL SURVEYS AT THE G.L.O., B.L.M., U.S.C., AND G.S., U.S.G.S., THE ALASKA DIVISION OF LANDS, OR MONUMEN'T5 WITH PROPER IDENTIFICATION WHICH ARE DELINEATED ON RECORDED PLATS, UNLESS OTHERWISE PROVIDED FOR LN THESE REGULATIONS. (2) TRUE BEARINGS AND DISTANCES TO THE NEAREST ESTABLISHED SURVEY LINES, SUCH AS THOSE LISTED PRBVIOUSLY, WHICH SHALL BE ACCURATELY DESCRIBED ON THE PLAT, SI3ALL BE SHOWN.] 11.15.156 I}EPOSITS FC}R CC15TS PREREQUISITE Tf7 FILING. [THE APPLICATION FORM WILL ASSIS T THE APPLICANT IN DETERMINING THE PROPER COSTS TO ADVANCE, WHICH WILL DEPEND UPON THE NATURE OF THE RIGHT CLAIMED. IN ALL CA5ES A FILING FEE OFTEN DOLLARS ($10.00) WILL BE REQUIl2ED. SURVEY COST5 DEPEND UPON THE AREA CLAIMED AT THE RATE OF $.01516 PER SQUARE FOOT. IF THE AREA CLAIMED IS DIFFERENT FROM THE Ordinance No. 2238-2067 Attachment "A" Sf37/2009 8:39 AM Callocuments and Settings\cfreas\Locai Settings\Temporary lntemot Fites\OLKB\Chapt'er 11'Ldoc Page TS of 46 92 LOT AS IT APPEARS ON THE PLAT, THE APPLICANT SHALL SHOW THE MEASUREMENTS OF THE ADDITIONAL OR LESSER AREA CLAIMED AND COMPUTE AND PAY THE DIFFERENT SURVEY COST ACCORDINGLY. TRANSFER COSTS WILL BE THE SAIvIE IN ALL CASES. THEY COVER THE COST OF TIME ESTIMATED TO BE REQUIRED TO EXAMINE, PROCESS, AND APPROVE THE APPLICATION, AS WELL AS TO PREPARE ANI3 EXECUTE THE DEED, PUBLISH NOTICE, GIVE NOTICE OF ADDITIONAL COSTS, IF ANY, AND GIVE NOTICE TO APPLICANT. IN ALL CASES, TRANSFER COSTS WILL BE IN THE AMOUNT OF $35.00. DEPOSIT FOR APPRAISAL COSTS WILL BE RHQUII2ED IN ALL CASES OF CLASS III PREFERENCE RIGHTS, OR WHERE ANOTHER ASSERTED .RIGHT' TS 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 REQUII2ED AS A DEPOSIT, TIIE MINIMUM AMOUNT IS FII'IY DOLLARS ($50), BUT ADDITIONAL AMOUNTS NOT EXCEEDLNG $100 MAY BB REQUIRED PRIOR TO DELIVERY OF DEED.] 11.15.160 ADDITIONAL COSTS IN CERTAIN CASES. [ASIDE FROM DEPOSITS P.EQUIRED AT TS-IE TIME OF FILING APPLICATIONS, ADDITIONAL COSTS WII..L BE REQUIRED TO BE PAID PRIOR TO HEARINGS WHERE DISPUTES REQUIRE HEARINGS, A_ND FOR CCkST OF LAND UNDER A CLASS III RIGHT AS WELL AS APPRAISAL THEREOF WHEN A PREFERENCE RIGHT SOUGHT TO BE EXERCISED IS DETERMINED TO BE A CLASS III RIGHT, AS FOLLOWS: (A) WHEN THE AREA CLAIMED DOES NOT COMPLY WITH THE BOUNDARIES OF THE LOT SHOWN ON THE PLAT, IT IS NECESSARY TO HAVE A HEARING TO ESTABLISH THE VALIDITY OF THE RIGHT CLAIMED AND WHETHER IT IS NECESSARY FOR THE PLAT TO BE CHANGED TO COMPLY WITH ~ 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 W 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 DETERIvIINE THE FACT AND THE ISSUE IN QUESTION. COI"~IFLICTING CLAIMS WILL BE CAREFULLY SCRUTINIZED AND EACH DISPL7TING PARTY WILL BEAR THE BURDEN OF PROVING FACTS SUFFICIENT TC> ESTABLISH THE VALIDITY OF HIS CLAIM. (C) THE PARTY FILING AN APPLICATION CONFLICTING WITH A CLAIM PREVIOUSLY FILED SHALL BE REQUIRED TCs DEPOSIT HEARINGS COSTS IN THE AMOUNT OF $I00. IF THE CONFLICT I5 NOT KNOWN AT THE TIME OF FILING, THE APPLICANT SHALL BE ADVISED OF THE CONFLICT AS SOON AS IT IS KNOWN AND OF THE NEED TO DEPOSIT THE HEARING COST DEPOSIT. (D) THE APPLICANT WHO AFTER HEARING AND DETERMINATION BY THE COUNCLi, IS DETERMINED TO HAVE CLAIME.T~ THE LAND OF ANOTHER SHALL BE _THE PART~TO_BEAR THE COS__T_OF THE IIEAI2ING_IF SUCH PARTY DID NOT Ordinance No. 2238-2007 Attachment "A'• 5131!2007 8:39 AM CaDocuments and Settings\cireas\Local Settings\Temporary Internet Files\OLKB\Chapter ltl.dac Page 16 of 46 93 DEPOSIT SUCH COSTS, NO DEED SHALL BEDELIVERED TO HIM UNTIL THE COST IS PAID. WHERE THE DEPOSITOR IS THE PREVAILING PARTY; THE HEARING C05T 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 DEPOSIT THE APPRAISED PURCHASE PRICE AFTER APPRAISAL HAS BEEN MADE AND THE: PURCHASE PRICE HAS BEEN SO DETERMINED. THE SAME PROCEDURE WILL BE APPLIED WHEN NO APPLICATION UNDER ANOTHER CLASS OF RIGHT IS SOUGII'T BUT IS DETERMINED THAT THE ONLY AVAILABLE RIGHT TO THE APPLICANT IS A CLASS IlT RIGHT. {F} WHEN A PREFERENCE RIGHT I5 SOUGHT TO BE EXERCISED OTHER THAN A CLASS III RIGHT AND SUCH RIGHT IS DETERMIIv`ED TO BE A CLASS RIGHT, THEN THE APPLICANT SHALL BE REQUIItED TO DEPOSIT THE ESTIMATED COST OF APPRAISING THE PROPERTY CLAIMED. {G) THE APPLICANT' WHO RECENES THE I?EED FROM THE CITY SHALL AT HIS OWN COST BEAR THE COST OF RECORDING THE DEED.] 1L15.170 PROCT;DiJItES FOR PROCESSING FILIrD APPLICATIONS. [THE, CLERK SHALL CAUSE THE FOLLOWING PROCEDURES TO BE CARRIED our: (A) ALL COPIES OF APPLICATION'S ACCEPTED FOR FILING SHALL BE STAMPED WITH TIME AND DATE OF FILING AND AN APPLICATION NUMBER IN CHRONOLOGICAL ORDER OF FILING. (B) ALL ORIGINAL APPLICATIONS SHALL BE FILED IN A PERMANENT REGISTER AND THE NAMES OF THE APPLICAI~tTS ENTERED IN AN ALPHABETICAL INDEX WHICH SHALL BE A PERMANENT PART OF SUCH REGISTER. (C) THE APPLICATION REGISTER SHALL BE AVAILABLE FOR PUBLIC INSPECTION DURING OFFICE HOURS OF THE CLERK EXCEPT WHEN IN ACTUAL USE FOR FILING AND INDEXING. (D) CERTff'TED COPIES OF ALL APPLICATIONS SHALL BE PREPARED FOR ALL PER50N5 UPON REQUEST UPON THEIR PAYING TWO DOLLARS ($2.Q0) PER PAGE FOR COPIES OF SAID APPLICATIONS AND ANY ATTACHMENTS FORMING A PART THEREOF. {E) PROCESSING DF 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 TC3 APPLICANT IF HE HAS PROVIDED A RETURN ENVELOPE. THE SECOND COPY SHALL BE THE WORKING FILE COPY TO BE HANDLED AND PROCESSED AS FOLLOWS (1) APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS HAVING WAIVERS ATTACFED AND WHICH APPLY FC-R LANDS WHICH COMPLY WITH THE PLAT WITH RESPECT TO AREA AND BOUNDP>RY LOCATIONS SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR HANDLING AS PROVIDED IN KMC 1 L15.190. APPLICATIONS TO EXERCISE CLAS S I PREFERENCE RIGHTS WHICH DO _-___-_._-NDT-HAVE-WAI~RS ATTACHED, TRRF4PHC~I~VE O FIETHER_ LA~'~TDS--_- _ Ordinance No. 2238-2007 Attachment "A.. 5/3U2007 8:39 AM C:U7ocuments and Settings\etieaslLocal Settings\Tetnporary Internet miles\OLKB\Chapter I ll.doc Page I7 of 4fi 94 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 LEltv'DS WHICH DO NOT COMPLY WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS, SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR HANDLING AS PROVIDED IN KMC 1 i. IS.I90 AND FURTHER PROCESSING A5 PROVII3ED IN KMC 11.I5.220. (3) APPLICATIONS TO EXERCISE CLASS R PREFERENCE RIGHTS SHALL BE SEGREGATED AND KEPT WITH CLASS I PREEFERENCE RIGHT APPLICATIONS NOT HAVING WAIVERS ATTACHED. ALL SUCH APPLICATIONS SHALL BE HELD IN ABEYANCE BY THE CITY UNTIL SUCH TIIvIE AS THE PLERHEAD LII~?E IS ESTABLISHED BY THE CORPS OF ENGINEERS, WHEREUPON SUCH APPLICATIONS SHALL BE PROMPTLY HONORED AND PROCESSED IN THE MANNER HEREIN DESCRIBED FOR CLASS I PREFERENCE RIGHT APPLICATIONS, WHERE WAIVERS ARE ATTACHED. (4) APPLICATIONS TO EXERCISE CLASS III PREFERENCE RIGHTS, AND ALL APPLICATIONS DETERMINED P.~T WHOLE OR IN PART TO BE CLASS III, SHALL BE TRANSMITTED TO THE ASSESSOR FOR APPRAISAL AS PROVIDED IN KMC l L I5.I80. (5) NO APPLICATIONS WHICH COMBINE CLASS I, CLASS II, AND CLASS III, OR ANY COMBINATION OF SUCH PREFERENCE RIGHTS, WILL BE ACCEPTED FOR FILING. ANY SUCH APPLICATION PRESENTED FOR FILING SHALL BE RETURNED TO THE APPLICANT FOR REVISION INTO TWO OR MORE APPLICATIONS, EACH OF WHICH WILL APPLY FOR LAND UNDER ONLY ONE TYPE OF PREFERENCE RIGHT. (6} AN APPLICATION TO E~RCISE QNE CLASS OF PREFERENCE RIGHT WHICH IN PART COMPLIES WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS, BUT DOES NOT WI30LLY' COMPLY WITH THE PLAT li~ SL7CH 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.I8D APPRAISAL. [ALL APPLICATIONS FOR CLASS II PREFERENCE RIGHTS SHALL BE TRANSMITTED TO A PROFESSIONAL APPRAISER FOR APPRAISAL. HIS APPRAISAL SHALL BE MADE ON A FORM PREPARED IIv~ I~TJPLICATE, THE ORIGINAL OF WHICH SHALL BE ATTACHED TO THE APPLICATION AND THE DUPLICATE OF WHICH SHALL BE RETAINED FOR H'IS RECORDS. APPLICATIONS WHEN APPRAISED SHALL BE TRANSMITTED TO THE CITY ENGINEER FOI2 FURTHER PROC'ESSING.] 11.15.190 REVIL~W BY CITY ENGIlVEER. [ALL APPLICATIONS BEING READY FC>R PROCESSING SHALL BE REVIEWED BY THE CITY ENGINEER. UPON REVIEW ANL7° COMPARISON WITH THE PLAT, HE SHALL MAKE HIS REQUEST TO THE HARBOb~ COMMISSION GIVING A COPY Ordinance No. 2235-7007 Attachment "A" 513U2007 8:39 AM C:\Documents and Settings\eCreaslLocal Settings\Tempocary Huernet ilea\OLKBIChnpter 111.doc page 18 of 46 95 THEREOF TO THE APPLICANT AS TO WHETHER OR NOT THE APPLICATION SEEKS TO EXERCISE A PREFERENCE RIGHT TO LAND WHICH IS DESCRIBED ON THE PLAT, AND COMPLIES WITH IT IN RESPECT TO AREA AND BOUNDARY LOCATIONS.] 11.15.206 RECOMMENDED APPROVAL BY COMMISSI01lt. [THE KENAI ADVISORY HARBOR COMMISSION SHALL: REVIEW ALL APPLICATIONS FOR TIDELANDS UPON THE SUBMISSION OF THE CPtY ENGINEER'S REPORT. THE COMMISSION MAY CONDUCT PUBLIC HEARINGS TO VERIFY THE VALIDITY OF THE APPLICANT'S CLAIM AND REQUEST ADDITIONAL BVIl7ENCE BY WAl' OF AFFIDAVITS AND THE LIKE TN ORDER TO COME TO RECOMMEND SAID CLAIM FOR APPROVAL B Y THE CITY COUNCII, NOTIFYING APPLICANT THEREOF BY MAIL SENT TO THE ADDRESS STATED ON HIS APPLICATION'. THE COMIMISSION MAY PROVIDE ACHECK-OFF LIST TO AID IT IN CONSIDERING APPLICATION'S. THE CITY COIJNCII, SHALL CONSIDER FOR APPROVAL THE CLAIiv1 OF THE APPLICANT WTFIiTN THE TIME LIMITATIONS AND WITH THE RIGHT OF APPEAL GIVEN PURSUANT TO KMC 22.15.240.] 11.15.216 PROCESSING OF APPROVED APPLICATIONS BY CLERK AND NOTICE To ruBLlc. [ALL APPLICATIONS RETURNED TO THE CLERK APPROVED BY THE CITY ENGINEER, AND APPRAISED BY THE ASSBSSOR IF REQUIRED, SHALL BE PROCESSED BY THE CLERK IN THE FOLLOWINCr MANNER: (A) THE CLERK SHALL ASCERTALN IF THE DEPOSIT MADE BY THE APPLICANT IS SUFFICIENT TO PAY ALL KNOWN AND ESTIMATED COSTS OF SURVBY, APPRAISAL, TRANSFER, AND PURCHASE, IF OF CLASS III AND IF NOT, T0.4DVISE THE APPLICANT THAT THE REMINDER DUE SHALL BE DEPOSITED WITH THE CLERK BEFORE FURTHER PROCESSING. (B) IF OR WHEN TIC DEPOSIT IS SUFFICIENT TO PAY ALL SUCH COSTS, THE CLERK SHALL CAUSE TO BE PUBLISHED ONCE A WEEK FOR FOUR WEBKS, IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY, THE FOLLOWING: (1) NOTICE OF THE NAMES OF THE APPZICANT(S), THE BLOCK AND LOT NUMBERS OF THE PROPERTY CLAIMED ACCORDING TO PLAT DESIGNATIONS; (2) THE PREFERENCE RIGHT CLAIMED; (3) THE F1VII'ROVEMENTS MADE; (4) THE LENGTH OF TIME (INCLUDL"~IG THE DATES} TI3E APPLICANT OCCUPIED THE LAND; AND (C) TF CLASS III ITS APPRAISED VALUE, AND THAT THE CITY WILL ISSUE TO THE APPLICANTS}ITS DEED THEREFOR WITHIN THIRTY (30) DAYS AFTER THE LAST DATE OF PUBLICATION, PROVIDED THAT BEFORE DATE OF LAST PUBLICATION NO ADVERSE APPLICATION OR CLAIM. HAS BEEN FILED WITH THE CITY. Ordinance No. 2235-2007 Attachment "A" 5/31/ZO07 8:39 AM C:V~ocumenis and Settings\cfreas\Local Settings\Temporary Internet Files\OLKB\Chapter f il.doc Page 19 of 46 96 (D) DURING SAID PERIOD OF PU$LICATIO itir, 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 FRED FOR TFIE LAND IN QUESTION. (E) IF ADVERSE CLAIMS HAVE BEEN FILED, THE APPLICATIONS SHALL BE FURTHER PROCESSED FOR HEARING. IF NO ADVERSE CLAIMS HAVE BEEN FILED, THE RESPECTIVE APPLICATIONS SHALL BE RETURNED TO THE CLERK.] 11.15.220 DEEDS-PERMANENT REC>ISTER. [THE CLERK SHALL THEN CAUSE TO T3E PREPARED A QUIT-CLAIM DEED CONVEYING SUCH LAND TO THE APPLICANT(S) THAT THE CITY HAS AND TRANSMIT THE QUIT-CLAIM DEED TO THE MANAGER FOR EXECUTION. NOTICE SHALL THEN BE SENT TO THE APPLICAN"T" 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 ANTD ALL COSTS, INCLUDING PURCHASE PRICE, IF REQUIRED, HAVE BEEN PAI17. DUPLICATE ORIGINALS OF ALL EXECL"PED DEEDS SHALL BE KEPT IN THE OFFICE OF THE CLERK IN A PERMANENT REGISTER ENTITLED "KENAI TIDELANDS DEEDS" WPIH PERMANENT ALPHABETICAL INDEX OF GRANTEES.] iL15.230 SPECIAL PROCEEDINGS FOR DISPiTTED CLAIMS. [THE COMMISSION SHALL SIT A5 A QL7AST ADTUDICATORY BODY TO SET DISPUTES FOR HEARING AND HEAR THE EVIDENCE UNDER OATH OF THE PARTIES TO THE DISPUTES. PROCEEDINGS SMALL SE INFORMALLY CONDUCTED BUT TESTIMONY TAKEN UNDER OATH, ANI3 NOTICE OF THE PROCEEDINGS SHALL BE GIVEN TO THE DISPUTING PARTIES. THEIR OB3ECT SHALL BE TO DETERMINE WITHOUT DELAY THE RESPECTIVE BASIS OF THE CONFLICTING CLAIMS. UPON THE SUBMISSION OF EACH DISPUTE, THE COMMISSION SHALL PREPARE A SHORT SUMMARY ON THE CONFLICTING CLAIMS AND THE EVIDENCE SUBMITTED IN SUPPORT THEREC>I', TOGETHER WITH THEIR WRITTEN FINTDINGS OF FACT, AND CONCLUSIONS OF LAW.] 11.15.240 PROCEEDINGS FOR DETERMINATION BY COUNCIL OF ALL DISPUTES. [UPON RECEIP'T' OFTHE WORKING FIL,BS IN ALL CASES OF DISPUTES, AND THE SUMMARY OF THE HEARINGS OFFICER TOGETHER WITH COPIES OF NOTICES OF HEARINGS SERVED UPON OR MARED TO ALL PARTIES TO THE DISPUTE, THE COUNCR SHALL SET THE DISPUTE OF ]SEARING AND DETERMINATION, AND CAUSE NOTICE TO B~ SERVED ON ALL PARTIES. UPON THE COUNCR HAVING HEARD THE DISPUTI= IT SHALL ENTER ITS RULING THEREON AS QUICKLY AS POSSIBLE, BLTT NCJT LATER THAN TEN (10} DAYS AI'FER THE MATTER IS SUBMITTED. AGGRIEVED PERSONS SHALL HAVE THE RIGHT OF APPEAL TO THE SUPERIOR COURT'> WITHIN TPIIRTY (30j DAYS AFTER. THE RULLNG OF THE COUNCI. IS RENDERED.] Ordinance No. 223S~20W Attacdimeat "A° S/31/2D07 8:39 AM C:\Dacumenes and Settings\efreasiLOCat Settings\Temporary Internee Idles\OLKB\Chapter I1 i.doc Page 2q of 46 97 11.15.250 DETERMINATION UPON STIPULATION OF FACTS. [WHEREVER POSSIBLE, TO REACH AGREEMEIv'T 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, THE COMMISSION SHALL PREPARE AND ATTACH ITS CONCLUSIONS OF LAW AND SUBMIT THE FILE TO THE CITY ENGINEER TO DETERMINE TF THE CITY' S INTERESTS ARE AFFECTED BY THE STIPULATION, OR IF A BOUNDARY CHANGE IS REQUIRED AND NO THIRD PARTY OR CITY INTERESTS ARE AFFECTED ADVERSELY BY THE PROPOSED CHANGE IN BOUNDARIES OF LOTS SHOWN ON THE PLAT, UPON APPROVAL OF THE COUNCIL THE PLAT SHALL BE DIRECTED TO BE CHANGED. SHOULD IT BE DETERMINED B Y THE CITY ENGINEER TFTAT 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 BY APPLICANT. [NO OBJECTIONS WILL BE RECEIVED TO PROPOSED ISSUANCE BY DEED BY THE CITY ON PUBLICATION OF NOTICE THEREOF, NOR WII.L ANY PERSON BE PERMITTED TO APPEAR AND BE LARD AT ANY HEARING OF A DISPUTE BEFORE THE COMMISSION OR THE COUNCIL, UNLESS SUCH OB7ECTOR OR PERSON IS AN APPLICANT FOR PREFERENCE RIGHTS OF CLASS I OR II AND HAS FILED AN APPLICATION WITH THE CLERI{. THE FOREGOING SHALL NOT PREVENT THE APPEARANCES BEFORE THE COMMISSION OR COUNCIL OF WITSdESSES APPEARING ON BEHALF OF THE PARTIES IN DISPUTE OR PERSONS CALLED BY THE COMMISSION OR COUNCIL WHO MAY HAVE PERSONAL KNOWLEDGE CONCERNING THE VERIFICATION OF CLAIMS.] 11.15.270 HANDLING OF DEPOSIT AND PURCHASE FUNDS. [(A) ALL FUNDS RECENED AS DEPOSITS WITH APPLICATIONS POR COSTS OR PURCHASE PRICE FOR TIDELANDS SHALL BE DEPOSITED BY TIC FINANCE DIRECTOR TN THE GENERAL FUND. SUCH DEPOSITS WILL BE CREDITED BY THE FINANCE DIRECTOR AS FOLLOWS: (1) SURVEY COSTS - AS A CREDIT TO DISBURSEMENTS MADE BY THE CITY FOR COSTS OF PREPARING THE TIDELANDS SUBDIVISION PLAT. (2} TRANSFER COSTS - TO ADMINISTRATIVE COSTS AS DEEDS ARE ISSUED. (3} APPRAISAL COSTS - TO ADMINISTRATIVE COSTS AS EARNED, OR AS CREDIT TO APPRAISAL COSTS INCURRED. (B} PURCHASE CO5TS OF CLASS II LANDS-SHALL BE CREDITED TO A SEPARATE ACCOUNT IN THE GENERAL FUND TO PAY FOR IMPROVEMENTS IN TIDELANDS AREAS CONSISTING OF FILL, STREET, SIDEWALK, AND SEWER IMPROVEMENTS.] Ordinance No. 223&-2007 Attachment "A" 5!31/2007 8:39 AM C:1Documents and Settings\cfreas\Local Settings\Temporary Internet Files\OLKB\Chap[er I ILdoc Page 21 oP 45 98 11.15.280 FORFEITURE OF PREFERENCE RIGHTS. [ANY OCCUPANT, OWNER, OR HOLDER OF PREFERENCE RIGHTS AS HEREIN DEFINED, WHO HAS NOT APPLIED TO THE CITY FOR TPfLE THERETO AS HEREIN PROVIDED, ON OR BEFORE TWO (Z) YEARS AFTER THE DATE APPLICATIONS TO EXERCISE PRF.F'ERENCE RIGHTS WILL BE ACCEPTED FOR FILING BY THE CITY U?tiTDER THIS ORDINANCE, B Y A PROPERLY COMPLETED APPLICATION DULY FII.ED WITH THE CLERK AND ACCOMPANIED BY THE REQUIRED DEPOSIT, SHALL HAVE FORFEITED HIS RIGHT TO ASSERT THIS PREFERENCE RIGHTS AND ACQUIRE TITLE TO TFDELANDS SUBJECT THERETO FROM THE CITY; AND SUCH TII7ELANDS AND CONTIGUOUS SUBMERGED LANDS SUBJECT TO SUCH UNUSED PREFERENCE RIGHTS SHALL THEREAFTER BE FREE AND CLEAR. OF ALL CLAIMS TO PREFERENCE RIGHTS A.ND TIC CITY SHALL HAVE NO OBLIGATION TO CONVEY THE SAME TO ANY PERSON OR PERSONS WHOSOEVER, AND SAID LAND SHALL THEN BE AND REMAIN THE PROFERT`Y OF THE CITY AND BE SUBJECT TO SUCH DISPOSITION AS PROVIDED FOR BYLAW OR ORDINANCE. 11.15.240 FORMS. (THE CLERK SHALL CAUSE TO BE PRINTED APPLICATION FORMS AND OTI~R FORMS FOR USE IlV PROCESSING THE SAME LN SU$STANTIALLY THE FOLLOWING FORM: (A) APPLICATION FOR TIDELAND PREFERENCE RIGHTS NAME HOME ADDRESS APPLICATION NO POST OFFICE ADDRESS MARK X TO DESIGNATE NATURE OF PREFERENCE RIGHT CLAIMED: CLASS I_ CLASS II CLASS III DOES THE TIDELAND PLAT 272 CORRECTLY SHOW THE LAND APPLIED FOR: YES NO IF TIDELAND PLAT DOS NOT CORRECTLI' SI-1=0W LAND APPLIED FOR, DESCRIBE IT BY METES AND BOUNDS AND ATTACHED PLAT OF LAND APPLIED FOR' SUSS ATTACHMENT IF MORE SPACE IS REQUIRED'}. ALL CLAIMED IMPROVEMENTS WERE FIRST CONSTRUCTED AND USED (1) BEFORE SEPTEMBER 7, 1957? (2) B EFORE SEPTEMBER 7, 1957 AND JANUARY 3; 1969 ? (3) AFTER 7ANi3ARY 3, 1959? Ordinance No. 2235-2007 Attachment "A" 5/31/2007 8=39 AM - C:\Documents and Settings\cfreas\Loca] Settings\Temoorary Internet Fil©s10LKB1Chapter Il.l.rioc Page 22 of 46 99 IS ARTY PART OF YOUR CLAIM BASED ON IMPROVEMENTS ANDlOR FILL CONSTRUCTED OR PLACED AFTER JANUARY 3,1959? YES NO . IF ANSWER IS "YES," DESCRIBE AREA IMPROVED AFTER JANUARY 3, 1959 (USE ATTACE-L?viEIv'T IF MORE SPACE IS NEEDED}, AND STATE NATURE OF IMPROVEMENTS. HAVE ANY OF THESE IMPROVEMENTS BEEN EXTENDED OR IMPROVED AFTER (1) SEPTEMBER 7,1957 (2) JANUARY 3, 1959? DESCRIBE. WAS THIS BENEFICIAL USE CONTINUED THROUGH JANUARY 3, 1954? DESCRIBE. THE PLAT IS BASED ON APPARENT USE AND IMPROVEMENTS EXISTING ON JANUARY 3, 1959, RECOGNIZED BYTHE ALASKA LAND ACT; STATE ANY REASON KNOWN TO YOU WHY YOUR CLALM DOES NOT CORRESPO'_VD WITH THE PLAT. (USE ATTACHMENT IF MORE SPACE IS REQi71RED.) 1 OFFER CASH ,MONEY ORDER , CASHIER' S CHECK IN THE AMOUNT OF $ AS DEPOSTI' FOR THE FOLLOWING COSTS: TJSEBY CLERK FILING FEE $ $ SURVEY COSTS (AT RATE OF _SQ.FTJ $ $ APPRAISAL COSTS (CLASS II APPLICATIONS~$ $ TRANSFER COSTS ($ ) ~ $ HEARING COSTS (IF CLAIM ADVERSE TO PRIOR APPLICATION A DEPOSIT OF $ FOR HEARING AND SERVICE NOTICE IS REQUIRED). ~ $ TOTAL DEPOSIT (DOES NOT INCLUDE PURCHASE PRICE OF LAND IN CLASS II APPLICATIONS) -`5 $ DEPOSITION RECEIVED BY CITY BY: DATE OF APPLICATION: DATE APPLICATION RECEIVED BY CITY: TIlVIE FILED: CERTIFICATION I, ,THE ABOVE-NAMED APPLICATION, OR ITS AGENT, HEREBY CERTIFIES THAT ALL OF THE STATEMENTS 2"/iAD E IN THE APPLICATION AND INCORPORATED ATTACHMENTS, IF ANY, Af~E TR UE AND CORRECT PRINT NAME(S) Ordinance I4o. 2238-?A07 Attachment "A„ 5/31fZ007 8:39 AM C:lbocuments and Settings\efreas\L,ocal Settings\Temporary lntemei Files\OLKB\Chapter l l l.doc Pagc 23 of 46 100 STGNATCIRE(S) (B) ASSESSOR'S APPRAISAL TIIE UNT3ERSIGNED APPRAISER(S) DO HERESY CERTIFY THAT HE HAS DULY APPRAISED THE TIED AND/OR SUBMERGED LAND DESCRIBED IN THE ATTACHED APPLICATION NO. OF ,WITHOUT INCLUDING IN THE HEREINAFTER STATED VALUE ANY VALUE FOR VALUABLE IMPROVEMENTS CONSTRUCTED OR PLACED HEREON PRIOR TO JANUARY 3, 1.959, AT THE FAIR MARKET VALUE. TIDELAND SQ.FT. AT $ PER SQ. FT., $ DATED, AT KENAI, ALASKA THIS DAY OF , I9 _. SIGNED: Ordinance No. 2238.200'7 Ateachmenc "A" 5!31/2007 8:34 ARti C:\Uocuments and SeYtiugs~efxeas\L.ocal. SelringstTempotary Incemet PilestOLKS\Chaprer I Il.doc Page 24 oP 46 ICI (C} WAIVER OF CLASS II PREFERENCE RIGHTS (ATTACH TO EACH CLAS S 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 WAIVE ANY AND ALL PREFERENCE RIGHTS, TO ACQUIRE TIDE OR SUBMERGED AND LYING SEAWARD OF THE CITY OF KENAI, TO WHICFI I AM NOW OR MAY HEREAFTER BECOME ENTITLED BY REASON OF THE PROVISIONS OF PUBLIC LA'VJ 85-303. DATED, AT KENAI, ALASKA THIS I7AY OF , 19 _, BY AND BETWEEN THE CITY OF KENAI, ALASKA, GRANTOR, AND ,GRANTEE(S), WITNESSETI~: THAT THE SATD GRANTOR, FOR AND IN CONSIDERATION OF THE SUM OF ONB A_ND NO 100/1'HIS ($1.00} DOLLARS AND OTHER GOOD AND VALUABLE CONSBERATION, TO IT IN HAND PAID BY TIC SAID GRANTEE(S), PURSUANT TO THE PROVISIONS OF THE ALASKA LAND ACT (CHAPTER 169, SLA 1959) AND ORDINANCE N0.455-78, ENACTED ON 7ANUP.RY 3, 1979, PURSUANT THERETO, DOES HEREBY CONVEYS, QUIT CLALMS, AND CONFIRMS UNTO SAID GRANTEE(S) AS TENANTS BY THE ENTII2ETY, WITH THE RIGHT OF SURVNORSHIP (STRIKE IE GRANTEES ARE NOT I-ILTSBAND AND WIFE), AND TO THIS (THEB2 HEIRS AND ASSIGNEES (STRIKE IF GRANTEE A CORPORATION) AND TO FTS SUCCESSORS AND ASSIGNS (STRH~E IF GRANTEE NOT A CORPORATION), ALL SUCH LNTEREST AS THE GRANTOR HAS, TF ANY, 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,'I'O-WIT: ALL OF LOT _, BLOCK , ACCORDING TO OFFICIAL TIDELANDS SUBDIVISION PLAT OF THE CPI'Y OF K~NAI, ALASKA. TOGETHER W1TH ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES TI~REUNTO BELONGING OR IN ANYWISE APPERTAINING. TO HAVE AND TO HOLD THE SAME UNTO THE SAID GRANTEE (S), HLS OR THERt 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 HEREEVABC~VE FIRST WRITTEN. CORPORATE SEAL CITY OF KENAI, ALASKA BY: (ITS MANAGER) Ordin. ncc No. 2238-2007 Attachment "A" 5/31/2007 8:39 AM C:1Docum,ents and Se[tiugs\efreasiLocal Setfings\Temporary Internet Fi]esiOLKB\Chapter 1ll.doc. Pave 25 0102 CLERK Chapter 1 L20 LEASING OF TIDELANDS 11.20.014 Po[icv. 11.20.026 Lands available for leasing. 11.20.036 Qualifications of applicants. 11.20.046 Classification prior to lease required. IL24A50 Applications. 11.20.OG4 Rights prior to leasing. 11..20.070 Procedure. 11.20.080 Public notice-Public hearing. 11.20.090 Selection. of applicant. 11.24.100 Appeal.. 11.24.116 Appraisal and survey of leased Lands. 11.20.120 The lease document-Terms. 11.20.130 Appraisal. 11.Zfl.14012eview. 11.20.150 Annual minimum rental. 11.20.166 Principles and policy of lease ra€es. 11.20.170 Responsibility to properly locate_ 11.2{).180 Lease utilization. 1L20.196 Subleasing. 1.1.20.244 Assignments. 11.20.210 Modification. 11.20.220 Cancellation-Forfeiture. 11.20.230 Default-Right of entry. 11..24.240 Notice or demand. 1.1.20.250 Financing-Rights of mortgages or tienholder. 1L20.260 Entry and re-entry. 11.20.270 Re-lease. 11..20.280 Forfeiture of rental. L1.26.290 Right of inspection. 11.20.300 Easement grants reserved. 11.20.314 Lease subordinate to financing requirements. 11.20.320 Written waiver. 11..20.334 Surrender on termination. 11.20.340 Sanitatfon. 11.20.350 Building and zoning codes. 1.7..20.3G4 Rules. 11.20.374 Aircraft operations protected. 1.1.20.380 Right to enjoyment and peaceala~ie possession. 11.20.390 Lessee to pay taxes. 11.20.440 No partnership or joint venture created. Ordinance No. 2238-2007 Attachment "A^ 531/2007 8:34 AM. CODoeuments and Setfrngs\c&eas\Looal Settings\Temporazp lntemet Files\OLKB\Chapter l Il.doc Page 26 of 46 103 11.20.410 Default bankruptcy. 11.20.420 Nondiscrimination. 11.20.430 Partial invaltdity. 11.20.440 Parole modifications. 11.20.450 Amendment of tease. 11.20.460 Compliance with laws. 11.20.474 Care of premises. 11.20.480 Lessee's obligation to remove liens. 11.20.490 Condemnation. 11.20.500 Protection of suhtelaants. 11.20.510 Successors in interest. 11.20.520 Governing law. 11.20.530 Notices. iL20.540 Fire protection. 11 ~O.SSO Inspection. 11.20.560 Personal use of materials. 11.20.570 Itestrictians and reservations. 11.20.580 L~aste and injurq to land. 11.26.590 Warranty. 11.20.600 Approval of other authorities. 1L20.610 Title restrictions. 11.20.620 Insurance-Hold harmless. 11.20.630 Insurance of users-Subtenants_ 11.20.640 Annual report. 1L20.650 Tidelands claims. 11.20.660 Subjection to harbor ordinance. 1L20.670 Arbitration. 11.20.680 Provisions regulating puhlie use purpose. 11.20.690 Provision to be included an public use lease. 11.20.700 Public arse: defined. 11.20.710 Controlled access. 11..20.720 Use charges. 11.20.7301Vlaintenance of dock. 11.2D.744 Modifications of existing leases. 11.20.754 Unauthorized removal of material prohibited. 11.26.760 Removal not authorized by lease. 11.20.770 Disposition of rights by Council. 11..20.780 Penalties. 11..26.794 Tideland leases for shore fisheries. 11.20A10 Policy. The City, in order to make sites available for beneficial industries, may lease City-owned tidelands to persons who agree to operate a beneficial industry upon the terms and conditions the Council considers advantageous to the City. Ordinance tio. 2236-2007 Attachment "A" Sl3 [12007 8:39 AM CaDoeumenis and Setuings\cPre2slLacal Settings\Temporary Internet FilesIOLKBIChapter l l l.doc Page 27 of 46 104 IL20.020 Lands available for leasing. All classified tide and contiguous stibmerged land within the limits of the City to which the City holds title may be leased as hereinafter provided, for surface use only[, AND UNDER. THE CONDITION TI-IAT SAID LEASE IS SUBJECT AND INFERIOR TO PREFERENCE RIGHT CLAIMS THAT MAY BE MADE WITHIN A TWO {2) YEAR FILING PERIOD FOR PREFERENCE RIGHTS] and subject Co tihe rights o'f existing set net site holders within the City Limits. 1.1.20.030 Qualifications of applicants. An applicant £or a lease is qualified if the applicant: (a) Is an individual at least nineteen (19) years of age or over; or, (b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska. 11.20.040 Classification prior to lease required. Before accepting applications to lease tidelands, the area involved shall have first been classified for leasing by Che City Council with the approval of the Plannsng and Zonin Commission. [HARBOR COMMISSIONS], and their availability advertised in a newspaper of general circulation in Che area once each week for two (2) successive weeks net less than thirty (36) days prior to the time set for the closing of Che acceptance of applications, and that alI applications are available for public inspection at the City Hall offices, 11.20.050 Applications. (a) All appIioatians for lease of tidelands shall be filed with the ['CLERK] Citv Manaeer on. forms [PROVIDED BY HER AND] available at City Ha11 which shall upon execution of the lease become part of the lease document. Only forms completed in full and accompanied by a [ONE] five hundred dollar[($100)] $( 500) filing fee will be accepted far filing. Filing fees are not refundable. (b} With every application, the applicant shall submit a development plan showing and stating: (i) The purl3ose of the proposed lease; (2) The use, value, and nature of improvements to lae constructed; (3) The type of construction; (4} Dates construction is estimated to commence and be completed; (5) Whether intended use complies with the zoning ordinance and comprehensive plan of the City; (6) Describe by reference to theplat the area to be leased; (7) A detailed Financial plan showing ability to carry through with the development plan; (8) A performance bond of five percent (5%} of the project's estimated cost (which bond shall not exceed fifty thousand dollars ($50,000}, payable to the City. Ordinance No. 2238-2007 Attachtnent "A" 5/31/2007 9:52 AM U:\Daza\Documents\HTMidocnmenes\Ordinance No. 2235-2007 Attachment A.dnc Page 28 of 46 105 11.20.060 Rights prior to leasing. Neither the filing of an application for a lease nor the holding of a public hearing thereon. as provided below, shall give the applicant a right to a lease or to the use of the land applied for. Any use not authorized by a lease shall constitute a trespass against the City. 11.2(1.070 Procedure. (a) PIanning and Zoning Commission: All lease applications shall be reviewed first by the City of Kenai Planning and Zoning Commission to determine whether the contemplated use falls within that permitted under the zoning ordinance. [(B} HARBOR COMMISSION: ALL LEASE APPLICATIONS SHALL BE REVIEWED BY THE HARBOR COMMISSION. IF THE COIvIMISSION AFTER CONSIDERING THE LEASE APPLICATIONS DETERMIIvTES AT A PLSBLIC HEARING AS SET FORTH IN THE SECTION BELOW THAT ANY ONE LEASE WILL BE IN THE BEST INTERESTS OF THE CITY OF KENAI, THE COMMISSION MAY MAKE A RECOMMENDATION TO THE CITY COUNCIL OF APPLICANT ALONG WITH ANY MODIFICATIONS OR CONDITIONS RECOMMENDED BY THE COit4MISSION.) [(C)]]>>2 City Council: The City Council shall make the final deternunation of the selection of the applicant based upon the Commission's recommendation and approve or reject the choice of application made. 1.1.20.0$0 Public notice-Public hearing. Notice of the lease application shall be published in a newspaper of general circulation within the City not less than ten {10} or more than thirty (30) days prior to the date of public hearing. The notice must contain the name of the applicant, a brief description of the land, proposed use, term, and a declaration that the Planni ne and Zoning 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 appl acation which is available for public inspection at the City HaII offices. The notice shall state the date open which public hearing will be held before the Commission for consideration of the application. 11.20.090 Selection oY applicant. After the hearing provided in I~MC 11.20.00 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 Planning and Zoning Commission may [IMPOSE] recommend adtditional conditions upon the applicant before malting 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. 2235-2007 Attachment "A" 5/31/2007 8:39 AM C:\DocumenCS xnd Sat'tings\ofi~eas\Local SeC¢ings\Temporuy lntemet PilesIOLKB\Chapter I Il.doc Page?9 of 46 106 11.20.100 Appeal. Any person disagreehlg with the decision of the Council may appeal the decisian by filing suit in the Superior Court, Third Judicial. District at Kenai, within ten (10) days fom the date of the posting of Council's decision. 11.20.110 Appraisal and survey of leased lands. [THE1 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 responaibility and expense. 11.20.120 The lease document-Terms. Leases may be issued for a term of not less tYtan twa (2) years nar more than ninety-nine (99) years. The applicant shall state in his application the term desired. In determining whether to giant a lease for the requested term, the Council sha17 consider the nature, extent, and cost of the improvements which the applicant agrees to construct thereon as a condition oP the lease the time required to amortize the proposed investment, the value of the applicanPs proposed use to the economy of the City and other relevant factors. The term of the lease may be extended for a number of successive periods for a set number of years each as long as the appropriate extensions and original term do not exceed 99 years_ 11.20.130 Appraisal. No land shall be leased, or a renewal lease i s sued, 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 11.2(}.150 below ,except to State or Federa) agencies or their subdivisions if it is in Che public interest to do so. Appraisals shall reflect the nuinber and value of City services rendered the land in question. 11.20.140 Review. No leased land may be changed in use, nor rrtay any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning and Zoning Commission xnd approved by the Council I1.20.IS0 Annual minimum rental (a} Annual minimum rentals shall be computed :from. the approved appraised market value utilizing the method as described in KMC 11.20.I60(a}. Anneal minimum rental shall include: (1) Taxes pertaining to the leasehold interest of the Lessee. (2} Sales tax now enforced or levied in t'<rte future computed upon rent payable in monthly installments whether rent is paid on a mon~hiy or yearly basis. (3) All taxes and assessments levied in tIle future by the City of Kenai, as if lessee was considered the legal owner of record of the leased property. Qrdinance No. 2238-2007 Attachment "A" SBt/2007 8:39 AM ' C;\Docements and Sereiags\cfreas\L.ocal Se[tingslTenzporazy lnterne~ files\OL1:BlChapter 111 .doc Page 30 of 46 107 (4) interest at the rate of eight percent (8%) per annum and ten percent {10%} penalties of any amount of money owed under this lease which is not paid on or before the date it becomes due. (5) All sales taxes due on payments under this lease and to all sales taxes applicable Co its operations. (6) All special assessments for public improvements levied by the City of Kenai, as if lessee were considered legal owner of leased property. (b) Upon execution of the lease the lands demised become taxable to the extent of its leasehold interest and lessee shall pay all. real property taxes levied upon. such leasehold interest in these lands, that the City as part of the consideration of rental payments depends and relies upon the payment by the lessee of said assessments and taxes as if he were the owner of said demised land. (e) Rent shall be paid annually in advance. Said payments shall be prorated to conform with. the City crf Kenai's fiscal year beginning July I and ending June 30. If the equivalent monthly payment exceeds $200, then the Lessee shall have the option of making payments on a monthly or quarterly basis. 11.2(L1G0 Principles and policy of lease rates. (a) To insure a fair return, all leases fax a period in excess of Elva (5) years shalt include a redetermination clause as of the fifth anniversary of teach lease, normally set for the first of July of that fifth yeah. In pursuing a fair return, all lands for lease shall be appraised prior to lease and again prior to redetermination. Therefore, lease rates shall be based on: (I) Fair market value of the land, including an appropriate consideration of facilities and services available (public water, public sewer, storm sewers, and other public utilities) as determined by a qualified independent appraiser, core idering the best use of the specific land. (2) The aotual rate of return determined to be a fair return to the City shall be set at [SIX PERCENT (6%)j 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 on the Land. (b) Realizing that investors, developers, and other potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases shall include the following language: Af each. five-year interval, the fair market value shah. be determined by qualified, independent appraisers. The redetermined ]ease rate (annual rent) under this provision, shall be [LIMITED TO A FIFTY PERCENT {50%) INCREASE IN TH.~ PRIOR LEASE RATE UNTIL THE THIRTIETH-YEAR ANNIVERSARY OF THE LEASE AFTER WHICH THE FIFTY PERCENT (50%) CAP PROVISION SHALL NO L~JNGER 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. (o) City leases of tidelands existing at the time o-f the enactment of this chapter shall have a thirty-year period determined from the date from wl-rich the lease was originally entered into. Ordinance No. 2235-2007 Attachment "A,. 5/3112607 8:39 AM C:V7oeuments aztd Settings\c&eas\Local Settings\Temporary InterueC Files\O[.KB\CBapcer 111.doc Page 31. of 46 108 (d} Failure by the. City to insist upon renegotiation at the end of any given five-year period shall noC constitute a waiver of the right of the City to insist upon renegotiation in any subsequent year, provided that neither the City nor the lessee shall have the right to insist upon renegotiation until five years shall have elapsed from the date the rental was last adjusted. 11 0.170 Responsibility to property Iocate. It shall be the responsibility of the lessee to properly locate himself and his improvements on the leased land, It shall he unlawful to encroach on other lands of the City, or on ].ands owned or leased by another. 11.20.180 Lease utilization. Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any Cime. 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 cancel]ation. The lease shall set forth in detail with appropriate plans and specifications the improvements to be made within the time period described above. 11.20.190 Subleasing. Leases may provide for subleasing a portion of Che 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 oP the City shall be given to the sublease of property until the lessee has substantially complied with the development plan. 11..20 i00 Assignments. Except for assignments for collateral purposes, no lessee may assign the lands leased to him without prior Council approval. The assignee shall be subject to all of the provisions of the lease. Any attempted assignment made in violation of this section shall be void. Any assignment requiring Council. approval will not be unreasonably denied. 11.2(}.210 iVlodification. No lease ma}+ he modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval.. 11.20.220 Cancellation-Forfeiture. (a) Leases in good standing may be canceled in whole, or in parC, at any time upon mutual written agreement by lessee and the City Council. (b) Any lease used far an unlawful purpose may be canceled. Ordinance tSo. 2238-2007 ACtaclnnent "A" 5/31!2007 8:35 AM CaDocuments and Settings\c{rea-s\Local SettingsiTemporazry Internot FilesVOLKBIChapter I1,Ldoc Page32 of4G 109 (c) Pf the lessee shall default in the performance or observance of any of Che lease terms, covenants, or stipulations thereto, or of the regulations now or hereafter in force, and should said default continue for Chirty (30) calendar days after service of written notice by the City withaut 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 maybe removed by lessee or other person during any time khe 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 oP a default. 11.20.230 Defanlt-Right Df entry. Should default be made in the paymenf of any portion of the rant or fees when due or in any of the covenants or conditions contained in the lease or in any regulations now or hereinafter in force, then. in such event the City shall give lessee thirty days after such written notice to cure such default or defaults, after which if the default is not cured, the City may terminate the lease, re-enter and take possession of the premises, remove all persons therefrom. 11.20.240 TVatice or demand. Any notice or demand which under the terms of a lease or under any statute must be given or made by the parties thereto, shall be in writing and be given or made by registered ar certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new ar 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. 1L20.250 Financing-Rights of mortgages ar lienholder. (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, a lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment, or other apprapriate instrument, the lessee's interest in the leased premises and in and to the lease, provided such encumbrance pertains only to saach leasehold interest and does not pertain to or create any interest in the City's title to the leased premises. if such mortgage, deed of trust, or assignment, shall be held by a bank or other established lending or financial institution (which terms shall include an established insurance compars y and qualified pension or profit-sharing trust), and such institution shall acquire the lessee's interest in such Lease as a result of a sale under said encrmbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such landing institution shall have the privilege of transferring its interest in such lease to a nominee oz- a wholly-owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed icy the lessee, whereupon such lending institution shall be relieved of any further liability udder 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 ins titution which may at any time acquire such Ordinance No. 2238-20D7 AttachmenC "A' 5/31/2009 8:39 AM C:\Aoeuments end SeCCings~efreasV..ocal Settings\Temporary Smeruec Files\OLKB1Chapter I ll.doc - page 33 nf4G 110 lease, shall be relieved of any further liability under such lease from and after a transfer of such lease. (b) A leasehold mortgagee, beneficiary of a deed of trust, or security assignee, shall have and be subrogated to any and all rights of the ]essee with respect to the curing of any default hereunder by lessee. (c) If the holder of any such mortgage, beneficiary of any such deed of trust, ar the security assignee shall give the City before any default shall have occurred in the lease, a written notice containing the name and post office address of such holder; the City shall thereafter give to such holder a copy of each notice of default b}+ the lessee at the same time as any notice of default shall be given by the City to the lessee, and the City vuill not thereafter accept any surrender or enter into any modification of this lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or secw7ty assignee, in this lease. (d) If, by reason of any defaulC of Che lessee, either this lease or any extension thereof shall be terrrtinated at Che election of the City prior to the stated expiration therefor, the City will enter into a new Iease with the leasehold mortgagee for Che remainder of the term, effective as of the date of such termination, at the rent and additional rerlt, and on the terms herein contained, subject. to The following conditions; (1) Such mortgagee, beneficiary, or security assignee, shall make written request to the City for such nsw lease within twenty days after the date of such termination and such written request shall be accompanied by a payment to the City of all sums then due to the City under the lease. (2) Suclt mortgagee, beneficiary, or security assignee, shall pay to the City, at the fame of the execution anal delivery of such new lease, any and alt sums due thereunder in addition to those which would aC the time of the execution and delivery thereof be due under this Iease; but for such termination and in addition thereto, any reasonable expenses, including legal and attorney's fees, to which the City shatI have been sut~jected by reason of such default. (3} Such mortgagee, beneficiary, ar security assignee shall, on or before the execution and delivery of such new lease,perform all the other conditions required to be performed by the lessee to the extent that the Iessee shall. have failed to perform such conditions. (e} If a lending institution ar its nominee or wholly-owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to Ibis Iease 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 thss lease or any new lease obtained from the City (other khan to a nominee or to a wholly-owned subsidiary corporation as permitted by the above provisions} to an assignee who will undertake to perforne and observe the conditions in such lease required to be performed by the lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such Iease from. and after such assignment. If the proposed assignor shall assert Chat the City in unreasonably withholding its consent to any such proposed assignment, such di spate shall be resolved by arbitration. Ordinance No. 2^_35-2007 Attachment "A•, 5/31/2007 5:39 AM CisDocuments and Settings\cfreas\Local SettingslTemporary Internet miles\OLKB\Chapter I l l.doc Page 34 oP46 111 IL20.250 Entry and. re-entry. In the event that the lease should be terminated as hereinbefore provided by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Iessee during the said term, the lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. 11..20.270 Re-Lease. In the 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 ?0.280 Forfeiture of rental In the event that the lease should be terminated because of any breach by the lessee as herein provided, the annual rental payment last made by the lessee shall be forfeited and retained by Che lesser as partial or total liquidated damages far said breach. 1.1.20.290 Right of inspection. City shall have the right at all reasonable timers to enter the premises, or any part thereof, for the purposes of inspection. 11.20.300 Easement grants reserved. City reserves the right to granC and control easements in, or abave the land leased. No such grant or easement will be made that will unreasonably interfere with the Iessee's use of the land, and lessee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the ]eased premises. 1.1.20.310 Lease subordinate to financing requirements. Lessee agrees that City may modify the lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the lessee by this lease, nor act to cause the lessee financial loss. 11..20.320 Written waiver`. The receipt of rant 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 petd`ormanee of any of, the conditions nr 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 i zr writing, shall discharge or invalidate such covenants or provisions, or affect the right of the lessor to enforce the same in the event of any Ordiaanee No. 2238-2007 Ateachmeat "A" 573ll2007 8:34 AM C:\Documents and Settings\efreas\LOCat SettingslTemporary Internet miles\OLKB\Chapter lit.doc Page 35 0l 12 subsequent breach or default. The receipt, by the lessor, of any rent or any other sum of money after Che termination, ifl any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to effect such termination, shall not reinstate, continue, ar extend the resultant term therein demised, destroy, ar in any manner impair the efficacy of any such notice or termination as may have bean given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Iessor. 11.20.330 Surrender on termination. (a} Lessee shall, on the last day of the term of this lease or upon any earlier tea~r[ination of this lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the 'last necessary repair, replacement, restoration, or renewal, flee and clear of all tettings and occupancies unless expressly permitted by City in writing, and free and clear of all liens and encumbrances other than Chose created by City for loans to the City. (b) Upon the end o'f the term of this lease or any earlier termittaGon thereof, title to the buildings, improvements, and building equipment shall automatically vest in the City without requirement of any deed, conveyance, ar bill of sale document in confirmation hereof, iessee 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 ar ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean, and sanitary condition, and every effort shall he made to prevent the pollution of water. 11.20.350 $uilding and zoning codes. Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a violation of the lease. 11.20.360 Rules. (a) The lessee shall observe, obey, and comply ~rvith all applicable Hales, etc., of the State or Federal governments, (b) City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation ~aereafter adopted. or amended by the City shal'1 become applicable unless it has been given thirty days notice of adoption or amendment thereof. (c) Lessee, in Che conduct of its operations on the demised premises, shall observe, obey, and comply with any and all applicable rules, regulation, laws, ordinances, or orders of any governmental authority, federal or state, lawfully exercising authority over lessee or lessee's conduct of its business. Ordinance No. 223b-2007 Attao6ment "A.. 5/31/2007 5:39 AM C:1Documents and Settings\efreas\Laeal Settings\Temporary Internet files\OLKB\Chap[er 11'l.doc Page 36.oP46 113 (d) City shall not be liable to lessee for any diminution or deprivation of possession, or of its rights hereunder, on account of the exercise of any such right or authority as in this section provided, nor shall lessee be entitled to terminate. the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights ar authority, unless the exercise thereof shall so interfere with lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the United States made applicable to the states. 12.20.370 Aircraft operations protected. (a} The City shall reserve to itself its successors and assigns, for Che use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface anal all improvements approved by the City of the premises conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace of landing at, taking off from; or operating on the Kenai Airport. (When plans for improvements aze approved by the City, the City to the extent of those improvements releases the easements here expressed.} (b) The lessee by accepting conveyance expressl. y agrees for itself, its representatives, successors, and assigns, that it will. not erect nor perr~rit the erection of any structure or objacC, on the and conveyed, which would be an airport obstruction within the standards established under the Federal Aviation Administratton Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, all. of which shall be at the expense of the lessee or its heirs, successors, ar assigns. 11.20.3$0 Right to enjoyment and peaceab[e possession. The City shall agree and covenant that the lessee, upon paying rent and performing other covenants, terms, and conditions of this lease, shall have the right to quietly anal peacefutiy hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 11.24.390 Lessee to pay taxes. Lessee shall pay all lawful taxes and assassrraents which, during the term thereof may become a lien upon or which may be levied by the S fate, 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 s uch tax or assessment through procedures outlined in State statutes. 11.20.400 No partnership or ,joint venture created. The City shall not be construed or held to be a partner or joint venturer of lessee in the conduct of business on the demssed premises; and it is expressly understood and agreed that the Ordinance No. 2238-2007 Attachment "A„ 5/31/2007 8:39 AM C:1Documents and Settings\cfreas\Laeal SeftingslTemporary fnfemeC Files\OLKA1Chapter t tl.doc Page 3? of 4( 114 relationship between the parties thereto is, and shall at all times remain Chat of landlord and tenant. IL20.410 Default banl~ruptcy. If the lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt,. or if a receiverrs appointed for the lessee or lessee's assets. or any interest under this lease, and if the appointment of the receiver is not vacated within thirty days, or if a voluntary petition. is filed under Section 18(a) of the Bankruptcy Act by the lessee, then. and in any event, the City may, upon giving the lessee thirty days' notice, terminate this lease. 1L20.420 Nondiscrimination. The lessee, for hi,mseIf, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person an the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. (b) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination. (o) The lessee shall use the premises incompliance 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 2l, Nondisorimination i~z Federally-assisted Programs of the Department of Transportation-Effectuation of Title VT of the Civil Rights Act of 1964, and as said regulations may be amended. (d} In the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose involving the provision of similar services or benefits, the lessee shall maintain and operate such facilities and services in compliarice with all. other requirements imposed pursuant to Title 49, Code of Federal Regulations, Deparuent of Transportation. Subtitle A, Office of the Secretary, Fart 21, Nondiscrimination in Federally- Assisted Programs of the Depanment of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 11.20.430 Partial invalidity. If any term, provision, condition, or part of the lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions,, or parts shall continue in full force and effect as though such declaration was not made. 11.20.440 Parole modifications. It shall be mutually understood and agreed b~c.tween the parties that the agreement, as written, shall cover all the agreements and stipulatio -rrs between the parries; and no representations, oral or written., have been modifying, adding to, or changrng the terms Thereof. Ordinance No. 2235-2007 Attachment "A" 5131./2007 839 AM C:\DOCUments and Settings\cLxeae\Z.ocai Settings\Temporary Incexnet Files\OLKBOChao[er 711.doc Page 38 oP 46 115 11.20.450 Amendment of lease. Notwithstanding anything to the contras}+, 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 Eessee and the improvements Co be situated thereon so requires, the City will make a reasonable effort to amend this lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the Ciry's rightstherewider nar be such as to altar in any way the rental obligations of the lessee hereunder nar its obligations to comply with all existing Taws and regulations of the City relating to thevleasing of airport lands, an,d to alt applicable Federal statutes, rules, and regulations, and all covenants and conditions of the deed by which the City holds title to the ]and. 1.1.20.460 Compliance with laws. (a) Lessee shall comply with all applicable Laws, ordinances, and regulations ofpubhc authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and way adjacent thereto or any buildings, structures, fixtures, and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless from the following: (1) From the consequences of any violation of such laws, ordinances, andlor regulations. (2) From all claims for damages on accotant of injuries, death, or property damage resulting from such violation. (b} Lessee further agrees it wilt not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto. 1.1..20.470 Care of premises. Lessee, at its own post and expense, shall keep the leased premises, all improvements which at any time during the term of this lease may be situated thereon, and any and all. appurtenances thereunto belonging, in good condition and repair, during the curse term of this lease. 11.20.480 Lessee's obligation to remove [lens. Lessee will not permit any liens including, but not limited to, mechanics', laborers', or material-men's liens obtainable or available under the then existing Laws, to stand againae the leased premises or improvements for any labor or material furnished to lessee or claimed to have been furnished to lessee or to lessee's agents, contractors, or sublessees, in connection with work of any character performed. or claimed to have been performed on said premises or improvements by or at the direction or sufferance of lessee, provided, however, lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of Ordinnnce No. 2235-2007 Attachment "A" 5/31/2067 8:39 AM C:\Uocuments attd Settings\cfreas\Locai Settings\Temporary Internet FileelOLKB\Chapter l l l.doc Page 39 of 46 116 any such lien ar claimed lien. On final determination of such lien or such claim for lien, lessc;e will immediately pay anp judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at lessee's own expense. 11.20.490 Condemnation. ih the eventthe leased premises or any pat-t thereof shall be condemned and taken for a public or aquasi-public use, then upan payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable dating the term or any extension of the tetxn hereof, and such other adjustments as the parties may agree upan as being just and equitable undez all the circumstances. Tf the City and lessee are unable to agree within thirty days after such an award has been paid into court, upon what division, annual abatement in rent, and ether adjustments are just and equitable, the dispute shall be determined by arbitration provided in KMC I1.20.670 hereof. 11 ?0.500 Protection o€ subtenants. To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted lessee hereunder, the City agrees that in the event of the cancellation, termination, expiration, or surrender of this lease (the ground lease), the City will accept the subtenant, its successors and assigns, as its lessee for a period equal to the full elapsed portion of the term. of the sublease, including any extensions or renewals thereaP not exceeding the term of this lease, upon the same covenants and conditions therein contained, to the extenC that said covenants and conditions are net inconsistent with a~~y of the terms and conditions of this lease, provided such subtenant shall make fu1F and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the Crty 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, ar security assignment to which such Ieasehold 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 tz^ust, or security assignment. 11.20._510 Successors in interest. This lease shall be binding upon and shall in ere to the bonefit of the respective successors and assigns of the parties hereto, subject to such specific limitations or assignment as are provided for herein. 1.1.20.520 Governing law. The indenture of lease shal3 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 m: wl7ting and shall be deemed to be duly given only if delivered personally or mailed by certified ots registered mail in a prepaid envelope addressed as follows: Ordinance No. 2235-2007 Attachment "A., 5/31/2007 8:39 AM C:\Documents and Settin~slcfreav\Local Settings\Temporary Interne ~ Files\OLKB\Chapter 1 tl.doc Page 40 of 46 117 To City: City I3atI--City of Kenai [P.Q BOX 580] 210 Fidalea Avenue Kenai, Alaska 94611 To Tenant: (b) The City shall also mail a copy of any notice given to the lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (c) Any such addresses may be changed by an appiropriate notice in writing to all. other parties affected provided such change of address is liven to the other parties by the means outlined in paragraph (a) above at least fifteen days prior to the giving of the particular notice in issue. 11.20.540 I• ire proteetian. The lessee will take all reasonable pracautiorx to prevent and take all necessary action to suppress destructive or uncontrolled grass, brush, or other fires on leased lands, and comply' with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are lacatad. 11.2tD.550 Inspection. The lessee shall allow authorized representatives of the City to enter the leased ]and for inspection at any reasonable time. 11.20.560 Personal. use of materials. All coal, oil, gas, and other minerals and all deposits of stony or gravel valuable for extraction or utilization and all materials subject to 'T`itle II, Division I, Chapters 4, 5, and 6 of the Alaska Administrative Code are excepted from the operation of a surface Lease. Specifically, the lessee of the surface rights shall not sell or remove far use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or commercial purposes, provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City. 11.20.570 Restrictions and reservations. The lease shall contain such restrictions and reservations as are necessary to protect the public interest. Ordinance No. 2238-2007 Aaaelnnent "A'° 5/31/2007 839 AM CaDocuments and SetNogs\ePreaslLocai Settings\Temnnrary Inee~nec Files\OLKB\Chaptei~ Il Ldoc Page 41 of 46 118 11.20.580 Waste and injuryto land. If any person shall. commit waste, trespass, or other injury upon City land, the person so offending, in addition to being civilly liable for any damages catised, shad be deemed guilty of a violation. 2L20.590 Warranty. The City does not warrant by its classification or leasing of land that the land is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that it shall be profitable to employ land to said use. City bears no responsibility for any water erosion of land. 11.20.600 Aggroval 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, or Federal agencies. 11.20.610 Title restrictions. All leases ar sales of property shall be made subject to restrictions and reservations in the patent, deed, or other instrument under which the City holds. 1].20.G20Insurance-Hold harmless. Lessee shall covenant to save tha City hatmless from all actions, suits, liabilities, ar damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the lessee's occupation, or use of the premises demised, or privileges granted, and to pay ail costa connected therewith. In this connection, the }essee shall agree to arrange and pay far 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 tI-ae insurance in force. The amount of such public Iiability insurance as set forth in the lease [SHALL HAVE LIMITS NOT LESS THAN THOSE KNOWN AS $250,0001$500,000!$100,000]. (b) Liquor liability (where applicable}, (c) Lessee agrees to carry employer's liability irxsurance and Worloxlen's Compensation Insurance, and to furnish a certificate thereof to the City, if applicable. (d) Insurance contracts providing liability insurance and Worimzen's Compensation shall provide for not less than thirty days written notice to the City of canceIlauon or expiration or substantial change in policy conditions and coverage. (e) Lessee agrees that waiver of subrogation ago-inst Che City shall be requested of Iessee's insurer, and shall be provided at no cost to the City. (f) Cross Liability; It is understood and agreed that the insurance afforded by this policy or policies for more than one named insured, shall not +operate to increase the limits of the company's liability, but otherwise shall not operate -to limit or void the coverage of any one Ordinance No. 2235-2007 Attachment "A" 5/31!?A07 8:39 AM C:\Documents and Settings\cfreas\Loeal Settings\Temporery Internee Files\OLKB\Chapeei 1I l.doc Page 42 of 46 119 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 he issued in the name of the lessee anal the City by a company licensed to do business in the State of Alaska, and shall contain endorsements Chat: (l) Such insurance may n,ot be canceled or amended with respect to the City without thirty days written notice by registered or certi5ed mail to the City by the insurance company. (2) Lessee shall be solely responsible for payment of premiums anal that Cit}+ shalt not be required to pay any premiums for such insurance. (h) The amount of insurance coverage required above maybe subject to review for increase at each five-year renegotiation of Che lease. (i) Upon review by the City [COMMISSION], ttre lessee may be required to obtain such other insurance protecting the City and lessee that naay be neeessarity required or advisable owing to the particularities of the harbor-related activities on the }ease-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 gremises in such amounts as will adequately protect them. 11.20.640 Annual report. The lessee may be required to submit Yo the City each year an or about Mazch 15, an annual report on its operations, particularly those services and facilities offered to the pubIrc, whether on a fee or non-fee basis. 11.20.650 Tidelands claims. The City shall lease the subject land subject to any preference rights claims made pursuant to the provisions of Alaska State 38.05.320 or Ordinance No. 455-78, dated September 5, 1979 of the City of Kenai, adopted pursuant thereto, and the lessee holds lessor harmless for any damages, legal expenses, or compensation necessitated by the resolution ar satisfaction of said claims, if any'. 11.20.660 Subjection to harbor ordinance. Al] 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 sectron 15 part. 11.20.670 Arbitration. In the event the City and lessee shall be unable to agree as to any matter provided for in the lease except as to the amount of Che five-year rent redetermination amounC which is handled Ordinance No. 2235-200? Attachment "A., x/31/2009 8:39 AM. C:1Docnmcnts and Settings\cfreasV,ocal Settings\Teraporary Ineeme~- Files\OLKB\Cnapter 11 Ldoc Page 43 of 4b 120 pursuant to KMC F1.20.160, such dispute shall be determined by three disinterested arbitrators (unless the parties can. agree on one arbitrator},Such arbitration shall be conducted upon. request of either the City ar the Iessee, before three arbitrators (unless the City ar 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 fram or change any of the provisions thereof. The expense of arbitration proceedings conducted. hereunder shall be borne equally by the parties. The proceedings shall take place in Kenai, Alaska unless otherwise agreed upon by the parties. 11.20.680 Provisions regulating public use purpose. The City Council realizes that only a limited area of Yrdelands bordering navigable waters are available within the City of Kenai and which are owned by the City of Kenai. It would be in the pubfic interest to insure that these Lands do not pass out of community control at least to the extant chat the public would net be deprived o',f harbor services at reasonable rates in the future. Therefore, areas of City-owned tidelands which are developable for the bona fide pubiic purposes as enumerated below shall be leased only with the Following covenants defined to insure public use and access at reasonable rates. 1L20.690 Provision to he included in public use lease. The following provision sha1,I be included in leases where harboz facilities are constmcted to be utilized all nr in part for bona fide public uses. 11.20.700 Public use: defined. (a} Public use shall mean a use limited in part or in whole to the following: ('1) In general, the lessee may use the deanised premises ar' part thereof for any of the following purposes only: (i) Public dock facilities. (ii} Maritime commerce. (iii) Transportation. (iv} Fishing. (v} Boat harbor. (vi} Port and waterfront development pug poses. (b) Before lessee may conduct any activities whrich fall under this general criteria, but are not specifically mentioned above, lessee must obtain w~ itten consent of the City. (Ord. 532} 11.20.710 Controlled access. Lessee, for its own protection, may constructor instal} 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 &:39 AM ' C:\Documents and Settingslefreas\Local Settings\'I~mporary Inwro~t Files\OLh'B\Chapter ll l.doc Page 44 of 46 121 such areas while insuring reasonable public access.:Reasonable public access includes accomrnodadons made for fishing aperatlons during fishing season. 11.20.720 Use charges. Lessee shall. make reasonable and non-disorirninatory charges to the public for use of any of its facilities. It is expressly recognized that lessee is entitled to a margin of profit, which should be fair, reasonable, and competitive, and that City will cooperate Co this end in considering rates and fees. The [COMMISSION] Ci ty Manager review all rate structures annually. The lease shall contain an arbitration provision as set forth in ICNIC 1 L20.670 to resolve disputes arising hereunder. IL20.73U Maintenance of dock. Lessee covenants that it will maintain the dock facility in a safe condition and in accordance with applicable state and federal standards. 11.20.740 Modifications of existing leases. Leases shall Drily be modified to that extent deemed to he necessary to protect the pubIic's interest. 11.20.750 Unauthorized removal of material prohibited. Any person, firm, or corporation who without written authority from. the City removes rock, gravel, or other material from the lands owned by the City without the express consent of the City shalt be deemed guilty of a violaYron. Any criminal action taken against such person shall noc preclude the institution of civil proceedings by the City. 11.20.760 Removal noC authorized by lease. No deed or lease granted by the City to any person shall contain terms or be construed as granting any right to remove material from City lands. 11.20.770 Disposition oi'rights by Council. In recognition that conditions may exist from time to time whereby use of such lands and the material comprising the same maybe 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 applicaCions shall be consistent with the Comprehensive Plan of the City [AND REFERRED TO TJ'IE CTTY PLANNING COMMISSION FOR ITS RECOMMENDATIONS] .Disposition of such applications shall be made by the Council after recommendation from the Commission. 11.20.780 Penalfies. (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. 2238-2007 Attachment "A^ 5!31/2007 E:34 A7v4 C:\Documents and Sectings.cfreas\Local SettingslTemporary Zneernet Filesl6LICB\Chanter S l l.doc ' Page 45 of 46 122 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 co Che above penalty provision, the City may impose a civil penalty in an amount as provided by KMC 13.65.010 per day for the violation of any provision of this chapter and seek injunctive relief for any infraction. thereof for which the offending party will be charged for reasonable attorney's fees and costs incurred by Che City as awarded by the court. (c) Nothing in this section shall be deemed to restrict the City's exet~cise of any of its rights pursuant to the lease agreement including those enumerated in KMC 11.20.220 and KMC 1 L20.240 hereof. 21.2©.790 Tideland leases for shore fisheries. (a} The annual minimum rental rate for tideland Teases used primarily for shore Fisheries shall be three hundred dollars ($300.00) per year. However, should the State of Alaska set an annual lease race higher than three hundred dollars {$300.00} for similar tideland leases for share fisheries on land owned by the State, the City may amend tike annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to KMC 11.20.250 shall 'be in addition to the annual minimum set forth above. (b) Neither KMC 11.20.1.60 nor KMC 11.20.620(x) shall apply to tideland leases for share fisheries. (c) The provisions of KMC 11.20.110 and KMC 1 L20.130 requiring appraisals of tideland property shall not apply to leases of tidelands for shore fisheries. However, the survey provisions of KMC 11.20.110 are applicable to share fishery leases. Ordinazice No. 2238-2007 Attachment "A" 5/37YL007 8:39 AM C:1Documents and Setuingsicfreas\Local Settings\Temporary Internee Files\OLKB\Chapter l ll.doc Page 46 of 46 123 (1HY-~U-GUU1 W;rli U1, 38 At1 KYd fLANNlNG hAX N0, 9D'(2628618 N. 02 .. s, ti4~ ENA! PEN'f1VSiJL~A BC~i~C~UfaH PLANNING DEPARTMENT G ~ --~---- 144 North Sinkley Street • Soldotna, Alaska 99669-?520 ~!. ,,~` PHONE: (907j ?14.2200 • FRX.~ (907j 714-237& ~~yt ToIP-free within the Borough: 1-800.478.4449, Ext 2200 .-.,,~ t-r: ` .l www.borouoh_kenai.ak.us JOHN J. WIi11AM5 EOROOOFVMAYOR May 30, 2007 Kenai Gity Council 210 Pidalgo Avenue Kenai, AK 99611-7794 RE: Vacate the south 33-foot right-of-way easement adjacent to Government Lot 94, reserving a 15-foot u6(ity easement. Clriginai Patent No. 063348, recorded in Soak 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. 2007-107; Location: City of Kenai Dear Kenai City Council Members: In accordance with AS 29.40.140, nn vacation of a city right-of-way andbr easement may be made without the conserrt of the city council, The Planning Commission approved the refare,-,ced vacation during (heir regu(ariy scheduled meeting of May 29, 2007. This petition is being sent to you for your consideration and action. The Gity Council has 30 days from May 29, 2007 in which to veto the decision of the Planning Commission. If no veto is received from the Cauncif within the 30-day period, the decision of the Planning Gommission wi8 stand- Draft, unapproved minutes of the pertinent porfion of the meeting and other related materials are attached. Sincerely, ~~~y Max J. Best Planning Director MJ9:pdh Attachments •-.,,* 124 I7HY-3U-'LUG( WhU U1~38 RC7 KPh PLANNING hAX NU. 9U72B28638 P, 03 AGENDA ITEM P. PU$LIC HEARINGS 2. Vacate the south 33-foot right-of-way easement adjacent to Government Lot g4, reserving a 15-foot u61'dyeasemant. Original Patent No. 053348, recorded in Book 31 Page 236 Kenai Recording District within Section34, Township 6 North, Range 71 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB Pile No. 2007-'107; Location: City of Kenai Sfaff Report reviewed by Max Best PC Meeting: 5/29/07 Puroase as stated in oetition: Easernerrt is across a deep drainage that runs td-5 at the west side of Government tot. The adjacent 33-foot easement was vacated November 22, 2005 and we are now trying to complete the entire vacation. Petitioners: John and Sharon Williams of Kenai, Alaska. Public notice appeared in the May 10 and May i7, 2007 issues of the Peninsula Clarion. Twelve (12} carted mailings were sent to owners of properiywithin 300 feat of the parcels; eleven (11} of the receipts have been returned. Thirteen (13) regular mailingsware sentto agencies and interested parties; eight (B) notices were santto KPB Oepartmerrts, Notices ware mailed to the Kenai Community lU6rary and Kenai Post Office to post on public bulletin boards. Tha notice and maps were posted on the Borough web efts and the bulletin board in the Borough Administration Building. Statement of non-obiactio0 Homer Electric Association Staf€ discussion Tha BoroughPianningCommissionapproved#hisvacation forthatotai66-foot width onOclober24,2DO5.The Kenai City Council did not veto the approval. A condition of approval bythe $arough wassubmHial ofa final plat wthin one year of approval. The adjoining properly owner recorded Enders Subdivsdon in 2005 (KN 2005-702), which finalized half the vacation, Due fo an oversight, the final plat was not submitted bytha deadline for this portion of the vacation. The owners submitted a new petition filet is now being considered. Findings: 7. Kenai Planning and Zoning Commission reviewed the proposed vacation, recommending approval subject to grant ofa 75-foot utility easement.. 2. The KPB Plat Committee reviewed and approved a preliminary plat on April 23, 2007, 3, A final plat was reviewed administrafivaly on May S, 2007. 4. The final plat will dedicate an extension of Highbush Lane, vacate the 33-foot right-af-way easement and grant a 15-foot utility easement, S. The vacation and the ptatwere serrtta alt utility companies for comment. 6. Thera is a large drainage to the north, arossing the highway. 7. The drainage appears to run south, thought the gur Fly, to the west of the subject tots. 8. SatogitoimagerydoesnotshowanytraveiwayscortstructedacrosstfieguttybetweenAiiakOrivetothe north and Wwton Drive to the south, a distance of appmximataly'/: mile. 9. Highbush Lana is constnicted, providing access to the subject parcels. 7 D. Portions of Highbush Lane are dedicated to the north and south, t 1. Per file submittal, the rigfit-of-way proposed far vacation is net in use for access, 12. Per the submihal, the right-of-way proposed for vacation has net been constructed. 13. Par the Kenai Planning end Zoning Commission, tf~e utility easementmay be needed for awafer fine extension. KENAI PENIN5ULR BOROUGH PLANNING COMMISSION MAV 29.200)7 MEETING MINUTES PAGHS UNAPPROVED MINUTES 125 nHY-~U-LUUI Wf.U UI~JtS Hll KITS t'LH(Vlti[VU ,^fin IYU, yUILOLtSb1t1 C, U4 STAFF RECOMMENDATION: Based an Findings 1-13, s#aff recommends approval of the vacations as petitioned. If the vacation is approved, the Kenai City Council has thirty days in which tbery may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FlNAL ACT FOl2 WHIC4t NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUCzH.APPEALS TO PLANMNC+COMMtS,RtON RENAL OF A VACATtON MUST 8E TAKEN WITHON THIRTY (36] DAYS TO SUPERIOR COURT AT KENAE, A(.ASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES, [20.28,110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 98-03]. END vF ~TACC OEP~RT Chairman Bryson opened the meeting for public comment.. GlffBaker Into ri Sunre , Mr. Baker was available for questions. Seeing and hearing no one else wishing to speak, Chairman Bryson closed the public comment period and opened discussion among the Commission. MOTION: Commissioner Smith moved, seconded by Cc+mmissianar Heimbuch to approve the vacation subject to fhe t 3 tintlings by staff. VOTE: The motion passed by unanimous consent. I BRYSON CARLUCCIO COLLMS FOSTER GROSS HEIMBUCH HUTCHIN50N I YES YES YES YES ABSENT VES ABSENT !SHAM (JOHNSON ~ MAR71N PETERSEN SMITH TAURWINEN 9 YES I YES ABSENT VES YES Y"S ABSENT i d.eaccrvr AGENDA ITEtv1 F. PUBLIC HEARINGS 3. Vacate a portion of Voznesenka Road and associated utility easementadjacentto Lots 22A, 23F and 23G, granted and dedicated by Voznesenka Subdivision (Plat HM 85-31); all being within Sections 25 and 36, Township 4 Soufh, Range 11 West, Seward Meridian, Alaska; KPB File Na. 2002-182 Staff Report reviewed by Max Best PC Meeting 5292007 Purpose as stated In petition: A house was built in the right of-way. Aitemate right-of-way is being praviofed. Vacation was approved by KP8 Planning Commission 9/92002. A plat showing it fias not bean recorded (Snot plat was not submitted within one year and vaca0on became void}. Petitioners: Forodor Reutav ofi Fritz Creek and Eugenia Kulikov, ZaharZack Reutov, Sill V. & Vary Afonin, and Andrei & Mary Martushev of Homer, Alaska Public notice appeared in the May 1 D and May 17, 2607 issues of the Hamer News. Fourteen (14} certified mailings were sentto owners of properfywlthin 300 feet of the parcels; thirteen (13) of the receipts have been returned. Twenty (26} regular mailings were sentto agencies and interested parties; eight (8} notices were sentto KPB Departments. Four (4} notices were posted in public locations. The notce and maps wore posted an the Borough web sate. KENA! PENINSULA BOROUGH PLANNING COMMISSION MAY 2S, 2D07 MEETWG MINUTES PAGE a UNAPPROVED MINUTES 126 sTAF~ L2EPORT To: Planning & Zoning Commission Date: March 1, 2007 Res: PZ07-OS (Revised) C:I;N'ERAL INFORMATLON Applicant: Integrity Surveys 283-9047 8195 Kenai Spur F3ighway Kenai, Aiaska 496 I 1 Requested Action: Preliminary Subdivision Plat -Williams Subdivision &: ROW Easement Vacation I,ega1 Description: A subdivision of a portion. of Government Lot 94 located within the SE '/a Section 34, TbN, RI 1W, S.M. Street Address: 403 Highbush Lane KPB Parcel No.: 04521039 Existing Zoning: Rural Residential Current Land tJse: Residential Land Use Plan: Neighborhood Residential ANAL,I'SIS In October 2005, a vacation of the 33-feet ROB' easement was approved for the south 33-foot of Government Lot 94. This vacation was approved; however, a 15-foot utility easement was retained, That plat was not recorded, This plat begins the process again. The current plat dedicates a 30-foot right-of--way along Highbuslz Lane and dedicates a 15-foot utility easement along the southern. portion of Lot I . Asingle-family dwelling was built on this lot in 1946. The city has an asbuilt on file verifying there are no encroachments. City Eneineer: Nothing addiUOnai. Buildine Officiai: No building code issues. RF,COMMENDATLOPdS Recommend the plat not be approved until the ROW easement vacation.. Kenai Peninsula Borough approves the 33-foot 127 0705 Revised Gomment.doc ATTACFIMENTS: I . ,Preliminary Plat Revised 2. ResotutionNo. PZ07-OS 3. ROW Easement Vacation KPB 2005-~5 Paga 2 128 ~•. CITY OF KF,NAI. N~ ~~-"' PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-OS (REVISED} rbeuevaf SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOIvIML-,NDING THAT THE ATTACI3BD SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WItEREAS, the attached plat WilIiamc 5ubdivisian and ROW Easement Vacafion was referred to the City of Kenai Planning and Zoning Commission on March 1 204?, and received from InkeQrity Survevs. WHEREAS, fire City of Kenai Planning and Zoning Commission finds: I. Plat area is zoned Rural Residential and therefore subject to said zone conditions. ^. Water and sewer: Available. 3. Piat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the Cii}+ of Kenai for fl7e referenced property. 4. Installation agreement. or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. Z Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. Recommend the plat not be approved until the Kenai Peninsula Borough approves the 33-foot ROW easement vacation. NOW, THEREFORE, BE IT RESOLVED; BY THE'. PLANNING AND ZONING COMMISSION OF T,?iE CITY OF KENAI THAT' THE KENAI PENINSULA BOROUGH PLAN1vTING COIoIMISSION APPROVES WILLIA.M'S SUBDIVISION AND ILOW EASEMENT VACATION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING C OMMISSION OF THE CITY OF KENAI, ALASKA; MARCH 14, ?007. ~~o- ~ ~ 4 CHAIILPERSF71~+= ~f ATTEST: ut ~~ lax I~ ,~ i -- 129 4-c. P207-O5 (Revised) -Preliminary plat for Williams Subdivision &, ROW Easement Vacation (A resubdivision of Government Lot 94 located within the SE '/a Section 34, T6N, R11W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska City Planner Kebschull reviewed the staff report, noting: • A vacation of the 33-foot right-of--way easement was approved in 2005 for the south 33-foat of Government Lot 94, however, a I5-foot utility easement was retained and the plat not recorded. • This plat begins the process again. • The current plat dedicates a 30-foot right-of-way along Highbush Lane and dedicates a IS-foot utility easement along the southern portion of Lot 1. • Staff recommended the plat not be approved until the Kenai Peninsula Borough approves the 33-foot easement vacation. Chairman Twait read the rules of the public hearing process and opened the meeting for comment. There being no public camment, the public hearing was closed. MOTION: Commissioner Fullinck MOVED to approve PZtJ7-05 and Cammissioner Lewis SECONDED the motion. Cammissioner Bryson acknowledged staff recommendations anal suggested they be included in the motion. Commissioners Fullinck and Lewis concurred. Commissioner Bryson abstained from voting. VOTE: Fullinck Yes Romain (Absent ~ Wells Yes Twait Yes Bryson Y'es .Lewis ~ Yes MOTION PASSED UNANIMOUSLX. ITEM 5: PUBLIC HEARINGS 5-a. PZ07-11 -- Rezone - An application to rezone a portion of Lot IA, Block 6 Redoubt Terrace Bluff View Replat (Preliminary Plat} from Conservation to Suburban Residential. Application submitted by F. DeWayne & Diane Craig, P.O. Box 1613, Kenai, Alaska. City Planner Kebschull reviewed the staff report, noting: The applicant processed a preliminary plat to combine two parcels into one; one parcel was Zoned Conservation and tkne other Suburban Residential. The application. would eliminate a possible split-zone situation. PLANN ING & ZONING COMMISSION MEETING MARCH 14, 2007 PAGE 2 130 MEMORAI~IDUM To: City Council Through: Rick Koch, City Manager From: Larry Serxnnens, Finance Director Date: June 1, 2007 Subject: City Clerk and Attorney Sai ary Adjustment The current salary and the budgeted salary with the 2% cost of living adjustment for the attorney and. clerk are as follows: Current Budgeted Attorney S 103,165 $105,22 S Clerk $ 64,564 $ 65,855 131 oe C~~U ~~~ ~iuss~.~ C)~Txago~ ~IO~CESE of LA,sI~A Txs Oxzxonox Cxcnxca ire AMERICA ---- His Grace the Right Reverend 1VIICOLAI Bishop of Sitka, Anchorage and Alaska May 24, 2007 Pat Porter, Mayor Gity of Kenai 210 Fidalgo Ave Kenai, AK 99611-7794 RE: Fort Kenay/Historical Cabins Dear Ms. Porter, The Diocese of Sitka and Alaska is pleased to cooperate with the Ci#y of Kenai in preserving the four log cabins and cannon presently located adjacent to the historical Fort Kenay within the boundaries of the land patented to the Russian Orthodox Diocese (RODA). In response to your request, RODA-will donate the log cabins and cannon back to the city with the understanding that the city intends to move the cabins to another site and will do so at na expanse to the diocese. During the Diocesan ownership, maintenance has been provided by the Kenai Orthodox parish. This inGuded installation of aluminum roofing and protestant spray for all of the cabins. Also, one cabin was modified by adding a winch and ramp to accommodate its use for storage; that mod cation will be removed. The Iota! parish property that is presently stored in the cabins will be removed no later than June 30, 2007, and the cabins will be swept clean at the time.. of transfer. Projects such as Phis not anfy promote cooperation and goad-will within the community, but also provide a tangible vignette of history far both residents and visitors. Thank you for allowing the Diocese the opportunity to be a part of this effort. t P~ . ~.~.~.; Bishop Riikaiai Bishop of Sitka and Alastca Cc Noiy Assumpfion Parish Diocesan File P.O. Box 220569 • Anchorage, Alaska 9952I-0569 ~ Phone (907} 27g-0025 Fax (907} 279-9748 www.dioceseofa~aska.arg 132 / ° ~. _-- . ,~~ t~EN December 18, 2006 rrG clla~e wit~r a Past, Git~ wGt~t a ~f~t~i26"G rr V G 210 Fidalgo Avenue, Kenai, Alaska 9961":-7794 Telephone: (907) 283-7535 /Fax; (907) 263-3014 wv~w.ci.kenai.ak.us Father Daniel Andrejuk Saint Tllthon of Moscow Russian Orthodox Church P.O. Box 141872 Anchorage, AK 99514 RE: FORT F~NAYlHISTORICAL CASIlVS City of Kerzai Dear Father Andrejuk: This letter is written as a follow-up to our recent visit with you. ir. Anchorage during which we discussed-the City of Kenai and Kenai Historical Societ}~'s desire to relocate the historical cabins and cannon now situated behixad Fart Kenay to a permanent location in did Town Kenai where they will be accessible to the public. Since its inception in 1967, the Kenai Historical Society has been very interested in preserving the history of Kenai, and especiaAy tY3e infiuenee and connection of the Russian Orthodox Church to Kenai. Over the years, the Society has not only confributed volunteer hours to assist in the repair of the Church and Chapel, but through a monetary donation of 540.000 toward the purchase and installation of a new heating system to better protect the. Church. and its valuable icons. Historical background of the cabins follows: • The City of Kerzai and Kenai Historical Society moved the cabins to behind Fort Kenay at the time the City was an possession of the Fort. • It fs not believed the cabins have any direct historical connection to the Church. The objective of the City of Kenai and Kenai Historical Society is the following: • To relocate the historical cabins acid cannon now situated behind Fort Kenay. • Permanently situate the cabins and cannon on City of Kenai property adjacent to the Kenai Historical Society building (formerly Kenai City Hall and Library) and the Kenai Art Guild. building which was the Fire Departrnent/Police Department and jail). A conceptual map/drawing is attached for youz review. 133 Father Darnel Andrejuk December 18, 2006 Page 2 • The new Bite will provide preservation of the buildings and their accessibility tc the public. • The relocation project would be a community-wide effort, with the placement of trails and landscaping on the praperty. • It is hoped this community project will be completed during the summer of 2007. We appreciate your interest in our project and your assistance in reinstating the cabins and cannon to the care and custody of the Ciiy of Kenai. We hope to hear from you by mid-February. If you have any questions, please contact us through the City of Kenai at 283-8245. CITT' OF KENAI ~L~ ~',~i(../Lid it " ' Gam'-.''~t..!~-,i~'~ Pat Porter Mayor cff KENAI HHISTORICA~L SOCIETI' Geor e L. Ford ~'rresident 134 d+6AitKtSt1L.4 AVE. COOK AYE PROPOSED tat3'~"aR~C Cerra ARRf~nt ,~tvfEl~tT 135 @GLH "e }`.b. ~~ ~ ~ i .,,~, Ehe~aty o-f'•~ ~rrAV SKIt "~/lll~,~t e ulGt~t? f~ l~a5t, GG~ WG~K GZ FGt~LtY"Cn 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone. 907-283-7535 /FAX: 907-283-3014 1 ~ 1 ~ ~ 1 1992 MEMO: TO: City Council ~~ FROM: Rick Koch C3ATE: May 31, 2007 SUBJECT: City of Kenai Community Opinion Poll The purpose of this correspondence is to transmit a copy of a report titled "C7pinion of Kenai Ciry Residents Regarding Potential Bonds" prepared by Dithnan Research & Cormnunications, The Council may wish to schedule this issue for discussion and decision at the next Council Meeting. Administrations recormnends including on the October municipal ballot two propositions regarding the issuance of debt, $ 2 million for the Library Expansion and $ 2 million for the Kenai River Bluff Stabilization. We estimate that costs associated with bond counsel not to exceed ~ 10,000 in the preparation of the ballot propositions. The propositions must be submitted to the Kenai Peninsula Borough prior to August for inclusion onto the ballot. Thank you for your attention in this matter. 136 The Alasf<a~af1 DITTMAN RESEARCH & COMMIJNiCATION5 coa.~o n-a7i.o'N DRC6ullding E3n5 9ewel Lake Roadi Anchorage, Afaskagggnz Phone:' (qo7) 243-3345 Fax:(9o7)'?43-772. Einart::d'atCma n C a las ka:net V/eb: dittmahresearch.tom- Information for Solutions d° Market Research :° Public Opinion Analysis d• Political and Government Research °.° focus Groups PINION ~F KENAI CITY FZESIDENTS REGARDING POTENTIAL BONDS Niay GV137 Prepared for City of enai, Alaska 137 I. Methodology ........................._............................................... 1 II. Findings .......................................................................... 2 - ~ III. Summary .........................................................................70 IV. Verbatim Comments ...... ....................................... 91 - 27 ~. Crosstabulations ............... _......................................28 - 34 138 ~~J 139 Overview During the period May 8 through May 15, 2007, two hundred eighty-six (n=286) residents of Kenai, Alaska who were over the age of 18 were personally contacted via telephone by professional interviewing employees of the Dittman Research Corporation of Alaska. The views and opinions of the residents of the City of Kenai were recorded on a strictly confidential basis. Research Desian A random sample design was featured which provided that all households fisted in the most current telephone directory for Kenai had essentially an equal chance of being interviewed. Sample Selection Individual respondents were randomly selected from current telephone subscribers fisted in the most current directory for Kenai, Processingthe Data Dittman Research employees completed coding, editing; data entry and verification, while data processing was completed through the in-house Dittman Research Corporation computer system featuring the Statistical Package for the Social Sciences (SPSS} program. The SPSS program is one of the mast sophisticated research-oriented data processing and analytical systems available, and is designed specifically for the processing and analysis of survey research data Measurement History Citizen opinion measurements by fhe Dittman Research Gorporation, utilizing the previously described methodology, analytical procedures and data processing systems, have proven to be pertect predictors of political election results far Governor of Alaska for the past thirty-two years. ~~~ 17rr°rni ,r~ ~Ertsc?, i..:Ti ~'s C'wi~art?~atcx,7xrN~ %;uut~~>re,~~rtciN 140 ~J 141 Economic considerations (41%}, such as "economic growth", "jobs", "lack of shopping","taxes", and "cost of living" topped the list of concerns of the residents of the City of Kenai. "Education" (9%), "social concerns" (7%), and "bluff erosion/Kenai River" concerns were also often mentioned (7%), followed by "roads" {5%). On the other hand, one out of twenty respondents (5%) could not coma up with an issue and said "everythina is good now". Question: What do you consider the mosrimportant issue facing the Cloy ofKanai today? 24% Economy; economic growth; need more businesses/industry 6% Lack of shopping opportunities 4t% 5% Need more jobs 4% Tax issues (i.e. no increases, toss of tax base, taxes too high, revenue from 8arough not enough) 2% Cost of living (i.a. high fuel prices, gas casf increases, elecfric costs up} 9% Education 7% Social concerns (i.e. drugs/alcohol, senior care, lack of youth acfivifies, crime, healthcare, fow- income services needed) 7% Bluff erosion/Kenai Riverconcems 5% Roads (i.e. paving, finish bridge, fraffic, sidewalk plowing) 4% Fishing issues 4% Negative regarding city government (i.e. lack at zoning, unfair mobile home inspecfions, misuse of resources) 3% Olean-u p; city beaufrfication; Old Town 2% ?ERS/-f'ERS 2% Water; poor quality of city drinking water 2% Miscellaneous (bear safety, brain injury awareness, public transportation, population increase) g% Unsure 5% Nothing; Doing a good job now ~~ ).)f'I'Trti isLSC:ARCM&~:f)Mvf{.-1,4iC"_r kfs1iv.~l~:N{NOiA'I"ION 2 142 The initial reaction of more than four out of five Kenai respondents (81%) is that they support a projeptto stop bluff erosion. Qucstinu: Do,you support or oppose a project to stop bluff erosion a/pug the %nai .River from the Seuiar Centcr to the mouth of the river, a distance ofapproximare/p 5,000 feet. Strongly support Sp%1 I~ 81 Somewhat support 2g% Somewhat oppose 7% 16% Strongly oppose 9% Unsure 3% ~~~ ~7Pi i i ^,~.1~ ~ES~A72CT-7 c~, ~~i)M M[71d[Cr [ r':Y1JS ~;QT P )J~_.tiClOtd 3 143 After considering specific information about issuing 2 $2 million general obligation bond, support for halting bluff erosion declines 16°/0. but nevertheless remains high (65°!°), with property- owners reporting a slightly greater willingness to pay for halting bluff erosion (66%) than non- property owners (61%). Question: R project to stop the erosion of the Muffin Semi is estimated to cost $12-18 million. A 5'2 mi/lion boeneral obh~a'arion bond would increase property taxes by,S34 per 5'100,000 ofassessed value. If the proceeds ofthe bond sale could only be used when the remainder ofthe project funding lies Geen secured from oPber sources -- such as federal appropriations, state appropriations arzd othergranrs - - would you support or oppose a bond proposition in tfie amount of$2millian ro stop b/ufferosion? Unsure 3% "...support or oppose bond to stop bluff erosion...?" StJppo f't Oppose UnSIAPe Own real property 66% 33% 1% Do not own real property 61% 28% 11 ~~ i.??`i'f M111 v li.t'~.S"r. 1RC: [i I£; C;Oiv1fUNI r,; 't'f1C):`JS (;OR-'(?I2F~ C?01v 144 Similarly, a broad majority of Kenai responden#s (67%) iriitially support doubling the size of fhe Kenai Public Library. Somewhat oppose 16% 29% Strongly oppose 13% Unsure 4% ~~ L,iT;-N~';n R~sr~ ~,~c,f ~°~ C c>?~fMtJNU::nTU,`:4 E:cx~t~c»z.~ r,o 145 Hawever, after considering the bond implicafJons, library support declines 9°!°, but a majority j58%) still supports expandeng the library. 1n this case, those who do not own property appear more likely to support the library expansion. {63%) than property owners (55%), Question: A project to expand the Keaai MunicipaC Library is estimaredtocostapprosimateJy$5rtilJion. A$Z million general obbgauon bond would increase property taxes 1?V $34 per $100,000 ofassessed v-clue. If the proceeds of the bond sale could on/y Ge used when the rernaitxder of tJxe project huzding has been secured from other sources --such as federal appropriations, stare appropriadons and otlierb~rants -- would you strpportox oppose a bondpxoposidon in the amount of$Z mi/ltorr for library expansion? Strongly support Somewhat support Somewhat oppose 19% Strongly oppose 20% Unsure 3% 39% `:.. support or oppose bo~xd for libr.try...?" SU6JpO1-t t3ppOSB EJ1nSUre Own reai property 56% 41% 3% Do not own real property 63% 31 % 6% 38% 58% 20% ~/ ~j~ I.S[";'I'dle lti I~,F!:Si~A [;C;C34~'c C"t)'+1i ~A 1.A~[C i rItYJS e~;.<'?I~PO~.R"4'IC~N 146 On a stand-alone basis without supplemental matcl-~ing financial support, Kenai residents are slightly more opposed (51°1°) than supportive (45%) of issuing a bond to pave some gravef- surfaced roads. Question: TGere are a nurnGer afgtave%surfaced roads wirGin the City ofBenar. A $2mrVion general obligation Gond to pace some toads would increase properr3~ taxes Gy $34 per $100,000 ofassessed value. Wauld you support or oppose a band propositran in the amouaC of$2milllon dollars to pave some ofthe gravel-surfaceat'roads within the Kenai Citylimirs? Strongly support 20% 45% Somewhat support 25% Somewhat oppose Strongly oppose Unsure 4% 22% I~I 51% 29%J "...support or oppose bond to pave toads...?" $UppOP-"f Oppose Unsure Own real property 46% 51% 3% Qo not own real. property 40% 50% 10% F a~~ [)('i'Tb1 ~^; ~ZE;i F..^Rf; F3 c~G ~Oivrit1llPlfC:' ~TI(7\5 f;C7RF'C~itF~T1O~1 7 147 When considering which bond propositions they would support if all three were on the ballot, the vast majority of Kenai respondents (85%) indicated they would vote for at least one of them. Question: Keeping in mind that each nfdiese bonds would increase property taxes by $34 per $100,000 of assessed value, ifall drree proposed bonds -- blufferosion cottnol, Ifenai CammunieyLibtary, expansion and road paving -- are on the next local election ba/lot, would yon probably vote for all three, Wane oftlie three, or one or two individual bonds? Ail three ®16% 85% One or two 69% J None ®14% Unsure' 1°!° "...ifall three, vote far which ones...?" AR three None One or two Unsure Own real property 15% 14% 59% 2°l0 De not own real property 17°10 13% 70°!° 0% 13t~°7"0.M n EZ LF`Yi;lx RC;Y'd ~`: CL)wiMCITd[C::,j n(3'N5; C:URI~pt~A"H(?N 148 Overall, when considering all three proposed bonds, 61 % of Kenai respondents said they would su ort the bluff erosion project. However, respondents were more or less evenly split concerning the library (52% support), and only 43% said they would vote for the bond to pave roads. Question: heepinginmindthareachofthesebondswould increase property taxes by,S34 per $100,000 of assessed value, ifall three proposed bonds -- blufferosion control, Kenai CommunityLibrarv expansion and road pawing--are onthenexrlocal election halloo would you probably vote far all three, none of the three, atone or two individual bonds? [Ifone orYrvoj Td%/tich ones? `m Bluff& Library 21% BlufF only 13% Bluff & Roads ~ 11 Ali three Z m J 16% Bluff& Library 21% Library only ®B% Library & Roads ®7% Af4 three 16% u, v m 0 Bluff& Roads ®11% Roads only 9% 43% Library & Roads ®7% Atl three 16% 61% 52% 9 [)rr~riv~+.tiEL~ r~r~r:H'~C:Y~rti~atrivfc:nl~taR~sCT)R€~o~n~rlc» 149 ~~~ 150 SUMMARY &.4NALYSIS On an overall, open-ended basis, it's clear that economic issues lead the list by far regarding important considerations facing the City of Kenai today (41%). Much less frequently mentioned were education (9%}, social concerns {7%) and 61uff erosion/Kenai River concerns (7%). m On a specific-issue basis, both bluff erosion control (81 %) and library expansion (67%) ara initially widely supported by City of Kenai residents. However, support for bond issues to pay for erosion control and library exoansion is approximately 9-16% Vower (65% and 58%} respectively. With this in mind, it is highly recommended that a clear explanation be given of how potential bond approval will be reconciled with the associated matching funds. Particularly important will be the description of what will happen if matching funds do not become available. On a stand-alone basis without matching funds, Kenai respondents are more or less evenly split regarding bonding to pay for pavino some oraveled roads; however, opposition (51 %) does exceed support (45%}. City of Kenai voters do not appear to be in a strongly "anti-bond" mood. in fact, over four out of five (85%) say they would plan to vota for at least one of the potential bond issues, with erosion control leading the list (81%), failowed by library expansion (52%). As far as the gravel road pavino bond is concerned, it appears to have less support (43%) than those with matching fund considerations. It may be worthwhile to consider developing a potential matching fund connection with the pavino bond presented similar to the erosion control and library expansion Eponds until the potential match can be achieved. ~ 10 ~~~ L"rri~~ Ntn~+i'~sLniacrt ~~ GC>MrNUUr, €:rt~~c~r~s E~rxtr~orrrtc~r< 151 152 ~J 11 [7fTTPdAR~ F~ESE~ARO'f-1 ~. C'iC7P/kM:1N~GkiTYi~NH 4_.--C;RPOf4AT(~N Of RLAS$A '~ MAY 2007 153 CITY pF KENAf QvasTroN: "What do you consider fhe most imporfanf issue facing fhe City of Kenai foday?" Good clean water without iron and minerals. The need for more long term }obs year round. Improvement on the road system. Pave more roads - it's pretty bad in the spring. Nothing Far now, everything is okay. Revenue -- control property taxes. Keep them from getting higher. Jobs - we need mare year round jobs. Clean it up and make it pretty. Expand senior housing here. Laws discriminate against the mobile home owners in the city. Fuel inspections should have a grandfather clause. They are unfair to long term residents. Drug problem with youth today. Kids in town still buy nr are on drugs. The need for more stores, especially clothing shops. School system. Wa need fewer children in the classroom so the teachers can take more personal time with each child. The council should work towards getting some new businesses like Lowe's or Wal-Mart. Getting a department type store. The economy --jobs. We need more jabs available i n the Kenai area. Getting some of the streets paved. General employment in the area and the Agrium issue. I support their needs. More variety in the stores and have a department store. Fill up the mall We need one stop shopping. Places to shop for bedding and household items and clothing, Economic growth -- new businesses and more retail whops. They are doing a pretty good job. Bluff erosion is a problem. E ~ ~(TTMAN Ri_~~ARCH & COItriA~UNCA'TI6N5 ~~6RPOkAT!CN OF Ai.P.SIVVk - iVtA'( 2a0% 12 154 Getting a Wal-Mart in Kenai, It's always on again, of# again. Misuse of resources. Solving crimes. There have been thefts and drug dealers are going free. Commercial fshing vs. spart/fourist fishing. Fishing. Highways. Our roads aren't real good here. In Oregon they're much better. Bluff erosion and clean up. The traffic is getting thicker. I'd like to see more stores with clothing, bedding, etc. Somewhere to shop. There doesn't seem to be enough businesses and action here. Jobs. Finish the bridge to nowhere. The economy. Clean-up. Growth. Empty stores!!! We need more decent paying }obs for the local economy. Water. Contro[!ing bluff erosion. State problems, the ones in the newspaper, are mor<: important than city problems right now. Economy. The river. Kids. ~J 13 t~l'fTMAN ~tESEARCH & C:.OMML'NIC,4TiGIV£i CORPORA, f IUN OP ALASKA-MAY G(707 155 CITY OF KENAI CONT'D: "What do you consider the mosf important issue facing the City of Kenai today?" Lack of shngping. Bluff erosion on the river. Commerce. Retirement and medical coverage for city employees. Probably the bluff -- the sloughing off of the bluff. Our water bill - it went sky high! So did our gas bill. Funding the PERS and TERS. Charging the cars to park to dipnet fish. Also, I know the city of Kenai owns or has a lot of control over the airport, and with only one or two little airlines, it's too expensive to fly. And the senior center! Only the elite can afford it and that's not right. The zoning and development. Kenai is not well planr~ed or thought out. It is very poor with no thought of consequences down the road. I'm a senior. There's really not a lot of places for seniors here, like assisted care homes. The borough is working on the forest fire problem by cutting down spruce beetle dead trees. There is no assisted living far seniors that need it. Jobs, I imagine. The city needs to try to get more businesses here so there would be more employment opportunities. PERS. Fix the budget shortfall. Probably all of the loss of our tax base. I don't know what will happen if places like Agrium close. Bear safety. I think our roads are terrible. There is not enough far the kids ages 7-15 to do. There's nothing for them to do here after school and on weekends. Stores. We don't have any place to go buy underwear. We used to have nice little shops here. Tourists, they show up. 14 ~~ DIiTMRN RE5EARG~N & COf~CMLINiCAiIL)N5 ~~%URI'DRR1lUh OF AtA0K1 ~ NiF,`( i>tD07 II ~~~~~~"111 156 C1TY of Kemal CON"I"D: "What do you consider the most important issue facing fhe City of Kenai today?" Probably economics, like if oil shuts down or the prisons were to shut down, it would be bad on KenaYs economy. Probably the biggest is drug and alcohol abuse. Lack of shopping! Lack of stares and businesses! Probably schools, just getting a good education for kids. The breaking up of the banks of PERS and TERS. Cleaning up of the dipnetters. Beautification of Kenai. Wandering bands of young people never da well with nothing to do. Employment. Lack of jobs. Creating businesses in Kenai. Probably for me it would be the school district. The combining of schools makes me uneasy. K-12 together is not a good combo these days, so i'II home school now. Also, the poor planning of box stores. The roads. The spur road. It stinks. It was built badly. Not by the city, but by the state and borough. I don't know. I've just had heart surgery.. Education funding -- art programs, music, and sports in schools. Bluff erosion. The outrageous level of taxation. Development of commercial areas. Retail stores and a place to buy clothing and men's shorts. They need to keep the sidewalks plowed. Keep pusht 1ng to get a Wal-Mart in Kenai. They're doing a pretty good job. The city is in good s gape. City easements are cutting down trees. The notice wras sent after the meeting so there was no chance to comment. Gutting more businesses in the area to have more growth and jobs. I would like to see the natural resources developed w ith no raise in state taxes or focal taxes in Kenai. ~~ D{TTN'A.N RESCAPC,I-! ~ COhkMUN(GATIONS ~flRPGRP.TIOM1I flF ALASKA - NM,~ 20L7? 15 157 CITY OF KENl.01 CONT'D: "What do you consider the most important issue facing the Cify of Kenai today?" Bring in more businesses for economic growth and more appealing town appearance. Just the awful wall art. The graffiti. They don't strive for tourism enough. They let Soldotna have it ail. Bears -there are too many in the area. Grime. It needs good attention. The property taxes keep going up. We need jobs witE-i benefits. Businesses need to expand. Everything is moving to Soldotna! They need more going on in Kenai. Employment and expansion. We need more incentives for businesses to come to increase the growth of Kenai. There is basically no place to shop in Kenai, so you h eve to go to Soldotna to buy a pair of socks. River access -the public accesses are fewer and further between. Economic development. The town is "running flat." There is nothing happening here. There is no real growth. Possibly keeping the kids busy. There isn't much for them to do locally, I'm not involved in local politics. There are some homeless issues and there are people who have employees with financial and emotional needs here. Some of these people's needs are monumental. How to handle the economic growth that will happen when, or if, we ever get a Wal-Mart. There is a lot going on with schools and enrollment th is year. They are going to offer more charter schools to help boost enrollment. I have an issue with a school that is funded by the government, when it doesn't have to follow the same rules that a public school does. Water pollution. I don't want to see our water go the way of the water in California. We need to watch what is happening to our oceans up here. We need to have more publicity on "an ounce of prevention is worth a pound of cure." We have no substantial economic base. There are no new jobs. Our governing bodies need to explore global economics far the area. Wa are about 20 years behind everyone else. Our education needs to be better. We are not doing a good job. ~~'~ 16 1 E71 i TMAN RESEARCF! ::. COMft~UNICATIOhB CORE^(~RAT40N OF F4LAu°:A - N~f~1Y "007 is$ ~f ~ .. CSTY OP KENAI CONT'D: "What tlo you consider the most important issue facing the City of Kenai today?" The lack of small business opportunities. There are not enough retail businesses. I'm glad Wal-Mart and Lowe's are coming for some competition, and to make more jobs. There just aren't enough jobs to keep the kids here after high school. Education. Lwould tike to see smaller class sizes in the elementary schools, and more aides and suppties. I really think the City of Kenai's maintenance makes us look really pretty. My compliments to the people who keep it so clean. Some of the streets could be re-done. Water -our water quality is poor. They have neglected to find new wells and to cleanup our water. The school funding -that is the most important issue for Kenai today. Getting more shopowners to Kenai. We have tc go to Soidotna to buy clothes. I'm glad Wai-Mart is coming. Pave more roads -that really needs to be done. Stores in Kenai and road paving are the most important things. I don't see any problems except that the water isn't so great. Attracting new businesses. I don't see any problems at this time. The tax levels need to be watched. Employment - we don't have a lot of opportunities for employment. The economy. New jobs need to be created. Controlled spending needs to be stopped. The future for my chiVdren -jobs -knowing if my kids could afford to live here. The cost of fuel and utilities is high. I'm a commercial fisherman and the tourism is starting to affect and impact the local fishermen. The revenue that Outside guides take from the economyon the Peninsula hurts everybody! The Spur Highway should be finished as a four-lane highway. It was supposed to be finished by Tony Knowles, but he took the money for our road and put it on the Whittier Road. Getting businesses, attracting retail stores like Wai-Mart, and a better economy for the city of Kenai. The Kenai River. Resolution and city working together for the habitat -between commercial, personal, and sports use - a community habitat. Taxes - we need a sales tax. DI'1-rMkN RESEARvH c`x ~;pMMUNiGPiTIONS C~JF1F30RAT(~h~ C')F ALASKF, -MAY 7Q0? i~~ ,7 159 CITY OF KENAI CdNT'D: "What do you consider the most important issue facing the Gity of Kenai today?" Road expansion Actually, I think it is taking art out of the schools and takingthe electives out of the schools. There are not enough electives offered to get the kids interested in going to school and on to college. Employment. We need more growing industries -such as l.owes and Wal-Mart. Probably revenue-based growth. We need growth that will generate income revenue for the tax base and work for the people. The budget- they spend too much. There has been a reduction in sales tax from Agrium, so there is a sales tax shortfall. What are they trying to do with Old Town? My understanding was that they were trying to make new rules and regulations to clean up Old Town. I'm not in favor of that. It seems like the people who have lived there the longest are being punished. As a senior, I would like to see more people pay more attention to the elections. We need to get some new people in the offices here instead of the same old ones. I would like to see younger ones running. We need to take a good hard look at some of the traffi c patterns. I live in senior housing here and my apartment is on the front of a building. They recently i nstalled a four-way stop right here by the senior housing. One afternoon I kept track of it and 78 cars didn't even attempt to stop, 24 cars just rolled through. It doesn't say much for people paying attention. Where to start? I guess maybe with government leadership. The City Council, for example. It is sort of the same characters. Not many people go out for leadership for mayor- it is the same two or three. Sparking more interest in leadership is needed. It would be nice to see more people with an active interest. The School 6istrict. The under-funding and closing of schools, Winter maintenance of our streets. The city is just so poor in maintaining it in winter. They pile up snow everywhere. I just spent five days in my yard vacuuming up sand that they had left. We always have shop-vacs out vacuuming from where they piled up the snow berms. They even cover up the fire hydrants. It is ridiculous that Sokdotna can remove their snow and Kenai can't. We have got to have funding. Our schools, our economy, our small businesses that are closing. Nothing big is coming in to replace them as yet. It seems like it is not growing. The evaluation of propeny. The rising assessment is having a major impact on young people being able to afford property. Pukers have taken over the city of Kenai -Pukers are Anchorage people. The dippies are taking 2-3 million fish from here. How well the fish are going to run ~~~ 18 f~ITTG~tAtJ R~SLP.RCt~i & E:rOMi~9UM1fICATiOR::~ C-JORFORIa.TI~tJ OF AI_A6Y.A -~ MAY 2007 160 CITY OF KENL11 CONT'D: °What do you consider the most important issue facerrg fhe Gify of Kenai foday?" Teachers and principals at Mountain View. My wife is at the meeting tonight. The principal has been here for 23 years and now they want to put a new guy in. Kenai doesn't seem to have a lot of jobs or revenue coming in. Lowes isn't coming in. Finding a job here is hard. Educational funding. Cteveiopment of businesses and having a strong economy. Highways - we need to fix the stop lights, Our jobs and industry -fishing and oil -needs to provide more jobs. Protection of the river. Ensuring that the river stays clean and pure, and does not get overcrowdad. We must help the poor and home{ess. The city must provide services. We need recreational services. A now library is at the top of the list. I really have none, I'm happy here. I am trying to make the most of each day as it comes along. I'm just perfectly happy. Commercial fisheries in Cook Inlet. The loss of commercial fisheries would be devastating to the Kenai area. We need a place to shop. I understand Wal-Mart keeps saying-they are building and then putting it off. Really, there are only groceries here. We need a department store - a Wa(-Mart or K-Mart type of store. Growth! Getting new businesses and keeping the old ones -like restaurant chains and stores. Business development, Economic development because if we lose industries there will be less revenue. Planning and zoning. Education and employment. Schools are overcrowded. They are combining schools. There doesn't seem to be much outside of fishing and tourism. Maintaining good growth without losing our lifestyle that we have now. The economy needs a boost, but I don't want the big. box stores. Education -activities for our youth. The budget has been cut. Fixing the roads. Our road maintenance is bad. The schools. There are not enough teachers. I don't like the consolidation they just did in the elementary schools. The variety of shopping available to us is not good - we have to ga online or go to Anchorage '1 19 i71TT'YVIAN ~i:.;>EP.;'i,CN & CGt4![tv&UNICf~T10!+tS CC~RF~E77RATION OP fi~ASKR ~ [V1f~Y 2+}07 161 C[TY OF KENAI CONT'I}: "What do you consider the most imporfanf issue facing the City of Kenatfoday?" Bringing in more industry and jobs. !think the economy here could use the boost from something other than fish. Education. I disagree with the budget for the teachers and school activities. They have cut it to the bare bones Schools need a makeover. There is no structure and discipline. We need more rules for control. We need smaller classrooms. There is no classroom control. It does not seem to be a safe environment. Thay are not strict enough. Activities for youth -more recreation. We should update the skate park and give them something fun to do to keep them out of trouble. Control of the Kenai River -making it environmentally sound and good for commercial and sports fishermen. More jobs except for Slope jobs. We need better paying jobs. Revenue generation for the city, like property taxes, or increasing the sales tax. We need to do something. The Bluff is caving in. Getting major stores in here to help our economy. We lose business to Anchorage all the time. The clean-up. Junk vehicles are a problem. It brings down property values. School children and our over-crowded conditions. Seniors need to be taken care of. We need to see that senior isses are properly represented. Building of Wal-Mart. That would be a huge asset for the economy. We need competition. Schools -they are overcrowded. Young families moving here are aiwayscomplaining about this. The closure of Sears Elementary School. The grades K-2 will be moved in September. That is inconvenient. If Kenai grows, we will have to build a new school. I live near a bluff and it seems to be breaking away noticeably more every week. The retirement problem and funding for city officials and teachers. The lack of a moral compass -basic morality. There is a high percentage of people here that live outside of the bonds of marriage and have illegitimate children. prinking is problematic. ~~ 20 QI7"FVU~AIV kESEA62CH ~ COMFhUNICATI(7NS CCF3PQRRTIViv` 3F RLACKA - lVI1-ll` ~~Oi 162 CITY OF KENAI CONT°D: "What do you consider fhe most important issue facing the City of Kenai today?" Shoring up the Kenai River and the bank is eroding away, but I don't think the city can do this on its own. The building situation -overbuilding retail space. We are going after big box businesses and smaller businesses ara going under. The infrastructure is not up-to-par for the overbuilding, either. Roadways. The Kenai Borough doesn't maintain some roads here. Dirt removal on city roadways after winter time. The city should grow. There are a lot of empty shops. They are not doing enough to attract businesses. Maybe a convention center that has events that coincide with fishing season themes and strengths. Tourism and sports fishing are important to the economy. We need to continue to promote what we are hest at. We need more businesses for a bigger tax base. The airport -getting addi6onai carrier service here I'm in my 70's and I work for the city as a "Meals on Wheels" driver, so I'm closely involved with the senior element -the residents in this area. We need more consideration regarding seniors themselves. The cost of living has escalated. The number of perks as far as the state is concerned is good, health is well taken care of, tax exemptions are mare than adequate, but there are a lot of senior people that are living just marginally as far as finances are concerned. I don't really have an answer, but rents bontinue toga up and that is a problem with really adequate housing at tower income ranges. If a person is destitute, there are all kinds of programs available, or ff a persori is not really destitute, there are tremendous exemptions on property. if a person has just enough, it is not enough to lower their taxes, and they are not able to be self-sufficient. We have to think of a way. I live at Vintage Point and am looking at a $100 per month increase in my rent. It is a very tough situation. Establishing a good, solid business base instead of th e big box stores. Let's cultivate local business and local entrepeneurs. Business within the town -clothing stores like Wal-Mart. Just the fact that we have absolutely no access to clothes for people. We have to go to Soldotna. I hated it when K-Mart left. Wal-Mart would be going back to that. Getting rid of some of the boarded-up building in town. They need to deal with open space within the city limites -zoning. They are not addressing it. They are taking the trees away with no planning. We need ope ~ space -trees and parks within the city limits. The water. It made me sick from the first thing. Thera is too much arsenic in it. I lost my kidneys from it - from the arsenic. There are too many lights at Christmas. it costs too much. From my perspective, some of the roads I have to dri~re on, on allay-today basis! r~ 21 DITfMAIl l~CCSEAP.CN F COMMUN~GATIONS CORPORAI IC?N OP AL.,;SKA -MAY 2,~t77 163 CITY OF KENAI CONT°D: "Whaf do you consider the most important issue facing the City of Kenai today?" Kids and schools. For one thing, the "No Child Left Behind" program. I don't think the Kenai schools should practice that. The use of the Kenai River -the number of people that use it is putting pressure on the river. The motorboat problem polluting the river, Crime. There is an influx in gangs coming down from Anchroage and building meth tabs and stuff. Right now it is the businesses, or lack thereof. We have closed businesses and not opened new ones. There is no business expansion going on. Wal-Mart is still talking about it. Lowes has backed out, Welt, we need a five and dime store - K-Mart or a WahMart -- something like that Is needed. They talk about Lowes, but we already have a Nome Depot and Spenard Builders. We need somewhere to shop so we don't have to go to Anchorage. When K-Mart was here, people came from all over- Nomer and places for miles around to shop here. Too many kids are on meth and drugs, but I don't know what we can do about that. It is the gas. The pipeline also and the fishing. The fishing that people are wanting to do more of - dipnetfing. Schooling -funding for schooling is a big issue. We haven't gotten what we were supposed to and things have been cut severly. My son is going into Mt. View school here, K-5, and it is not a good situation. Funding for extracurricular activities is fairly non-existent. The river-the guides! There are too many. They need to enforce rotation hours of operation as a possibility to control the river traffic. The whole city -water and sewer -the deal where if 'you are within 20 feet of a (ine, you have to sign up even if you already have your own wall, and then pay them a monthly fee. Preparing for non-business as usual in the future. 1 Yf-rink the city just continues along and they need to plan for the future. Also, the retirement system and h ealthcars needs planning. To sum it up, preparing for unexpected futures. My most important issue is natural gas. Wifhout it w~ will Pose jobs and have a higher cost of living locally. The focally-owned businesses Head help to find Iocatii ons to rent. We are Hat expanding and there are no good rental places. The mall is rundown. Crime and drugs. The last few years people have been destroyed by drugs. It Is becoming a bigger problem in the community. Recreation activities for children, or lack of activities. We need something like Wasi(la with indoor soccer. "~ 22 ~~ JI T rhAP.hl RES~CFlr2GN & CGtVIMUNICP.IIGPJ.`r" ~ ~~~'ORATICN OF P,L.ASKA - NiAY 2QQ7 IP 164 CITY OF KeNAt CONT'D: "Whaf do you consider the most imporfant issue facing fhe City of Kenai today?" Places for kids to go. There is nothing to do. The Rec Center is for older kids, The kids should not have to pay. They need to do something constructive with their minds. Put a curfew in place, and if youth are caught they should go after the parents. Too many kids are getting away with stuff. I have been burgalarizad twice. The schools have taken responsibility away from the #eachers. They have coaches teaching classes and doing double duty, and 'rf you are not a jock, you don't get treated right. My son went from A's at home schoding to F's in public school I don't like the fees for extras in the schools. Employment. I'm talking about growth. The city can't grow without employment. The increase in property taxes and in every utility there is. It is not a gradual increase, it is BOOM, a huge increase and they expect the working class to deal with it -gas, sewer, property tax -they want people to own a home, but how? At $400 a month for electricity, several times the last few months, it is outrageous! Water and sewer have been gradual increases the last three years. I have to haul water in. i can't drink the city water because it has arsenic in it, not even the good water. It costs $130 per month for water and sewer. It is outrageous what these people want. Electric -the past month and a half they ruined my yard. They told me they were cutting down several white birch trees, and I couldn't do anything about it. I called and complained. A woman came up here in a hard hat, foreman of the crew, and told me if I sent the crew away again, they would come book and bill me and send the Chief of Police. Half of the time the people were sitting around in their trucks, casually doing nothing for two or three hours. They tore more property up, depreciated mine and my neighbors, and said it was to upgrade. Schools are cutting the budget. There are a lot of sex offenders around. Road maintenance is poor, They don't plow enough or maintain the roads enougfz . We need something to draw mare tourism. Soldotna does much more to do this than Kenai does. Property tax is an issue. Basically, downsizing ofi indu stry and increasing of property taxes. Lack of growth. Economic development. We are seeing a decYine in businesses. It used to be a vibrant economy. Repair and maintaining the infrastructure -streets, water, and sewer. Things are falling apart in parts of town. Nothing pops into my head except that we need more businesses such as Wai-Mart. Bring in new stores for the economy and offer more cl-~oices for the people who live here. We are not getting enough new businesses. Soldotna seems to be growing, but Kenai is not. There is no economic growth, at least there isn't any ir'tside the city. 23 !`)ITfMFtfi! RESEAh'CI-i ?x CUM~rUNIvATiON3 vORPORATION OF ,4i.ASI4A •~ MAY 2Dfi7 165 CITY OF KENAI CoNT'D: "What da you consider the most important issue facing the City of Kenai foday?" We need to add Wal-Mart to the city along with more jobs and a larger tax base or income for the city The salmon. Lack of an interest in Tong-term sustainability of the resource. Demographics -people are moving out of the city because mortgages are cheaper outside the city. There are not enough people to pay taxes. Growth of the city. It looks as if parts of the town are becoming slummy in appearance with rundown houses. Businesses that have left - we need a face lift. Why did they combine the elementary schoals here? What a mess that is! Now my child has to "apply" to go to the charter school that is nearest our home. Education - to make sure it is funded well. Teachers have been cut recently. The biggest problem is the lack of commerce. I think we are not doing enough to encourage small business. Mast people work on the North Slope. Starting wages here are about $14 an hour, not enough to live on. There is a speeding problem in my neighborhood with cars and four-wheelers, along with snow-machines. We should also encourage more tourists to come here. Getting more stares in like Wal-Mart and Lowes. I'm tired of going to Anchorage. The dipnet sessions are giving Kenai citizens a break, and that is wonderful. Anchorage, Wasilla, Palmer, and Eagle River take all the fish. Doing something about the empty buildings in Kenai. They should go after the owners to do something. Rent them or tear them down. The lack of police protection is a concern. They could drive by once in a while, not just when something has happened. The economy. We need more tourist attractions. There are hardly any shops in Kenai - no clothing stores. It is all in Soldotna. Education! We are upset with how the teachers say they are not getting enough pay when they don't work far three months out of the year. How come so much money is poured into the home schooling system instead of public schools? Schools and keeping them well-funded for the future. We have only been here a short time and I can't think of anything else. It is a good place to raise a family. I would like to see it stay that way. Let's keep it a safe town for our kids. The major problems are bluff erosion and increasing taxes. The Tesoro gas prices. The Tesoro refinery is right down the road, so there is no excuse for this! Rules of the fishing industry are a puzzle. They are u nfair to local residents, ~~, 24 D~TTMAt4 RES6Af~2<)H c`x` C~C~MMUhdIGATI6N5 CORhC~R~,TtQN OF AI_ASf~A -MAY 2001' 166 H 41~ (]F PLENA) CoN"Z'D: `Mlhaf do you consider fhe most importanf issue facing fhe City of Kenai today?" The school system is the most important thing. We need more teachers. Et is "politics as usual" at City Hal(. There are problems with management. I don't know anything specific. PERS and how to meet the retirement obligations with the current budget. Probably rising energy costs. The gas prices that have risen 40%. Things like that keep getting more expensive with no relief in sight. There are not that many high paying jobs in Kenai. Economic growth. Betterjabs - we need more of them. Companies that say they are going to come here and then actually do it. Jobs with benefits so our children can stay here unfit retirement. Agrium! The lack of gas. Industry out there on North Road. If they can't get gas to operate, what will that do to the Kenai economy? Bluff erosion. I'm managing property that may eventually be in danger. Growth and development. New businesses are coming to Soldotna, but they are not realty choosing Kenai. The life of the residents and economic development. The quality of life. It would be nice to have a surge of activity that brings in people and revenue. Bluff erosion. Just losing property because of the bank eroding. There have been some efforts to address it-wetlands and environmental issues. The longevity of the economy in the area. More private businesses have shut their doors and boarded up their windows on the streets of the city. Chain stores come in. Mare boats are in dry-dock. I've lived here long enough to know that the oil fields peaked years ago -the last 20 years or so. That is why ! am concerned about how it wi(I keep going. We've lost a tot of small businesses, like welding shops who supported fishing. I feet the community grows smaller and smaller as far as the economy goes. Business growth and education. Well, I don't think there era very many businesses here. I think they are talking about laying off teachers and cutting pragrems. Zoning and planning. Basically, the fact that they are letting businesses spread all over the place. I don't think they are enforcing the zoning laws. They should be more forceful. I think jobs and stores to adequately serve. There is no place to shop. I can't buy a pair of underpants without going to Soldotna since K-Mart closed. I would like to see more outside recreation things for adults, such as trails. We need more sidewalks - (ike in Woodland where I live. We need sidewalks to walk on instead of roads. ~, 25 EYfT7MFFN RLJEAf'vc!'i u I+QYVfIV1U1Vw/'til ~C7N3 CORPORASION C?F ALA9KF ^' NIAY 200T 167 CITY dF KENAI CONT'D: "What do you consider fhe most important issue facing the City of Kenai today?" Jobs! Agrium is shutting down and the focal area is losing the industrial base, The city has trouble attracting new businesses -especially larger businesses. I think the economy is sort of depressed in this area. Bluff erosion -where the bluff is eroding. It is a toss-up between fishing and keeping the money going. Tourism and bringing money into our city. Three main areas -the ail industry, fishing, and small amounts of tourism. We don't have near as much as Soldotna. The economic community. We need to build up our community economically Stores, as far as shopping opportunities. There isn't very much of a selection when you go to buy stuff. I usually know what J want or need, and nobody has what I need. We need more of a selection. Sales tax - it is not needed. Most people will go somewhere else. Commercial fishing. Cetfing revenue for the 2% raw fishery tax. Subsistence and dipnetting is killing the old school historical business. The Baard of Fisheries needs to be more fair. The city needs to get involved. Personal dipnetting has grown out-of-hand. Garbage that they leave behind is too much. Taxpayers get left holding the bag. The problem has been growing since the regulations changed in 1987. There is not a whole lot of shopping like we used to have. We had a K-Mart, and now we don't. (hate going a!I the way to Soldotna for shopping, and (here are not a lot of places to go out to eaY either. Continued development of economic base with decent paying jobs. The unplanned growth. Kenai has tended to develop as a strip town, along the major roadways instead of having a cohesive center. Some sork of long-term planning needs to be done to make this more of cohesive community. There doesn't seem to be an over-arching picture of what we would like the town to be. Also, anybody who has attempted erosion control on coastal processes knows that it will not work. The river wilt continue to cut and you will not be able to stop the process. Jobs and employment. It would be nice to get some manufacturing things going instead of just the oil, fishing, and services like restaurants. If we used the petroleum products and made plastics -plastic parts and things. That would help out in the winter time when fishing isn't going on. There aren't many jobs in the winter. New businesses. The need for the economy. There are a lot of empty buildings and storefronts. It would bring in jobs and competiticn. ~r~ 26 DfTTtvtAN r'-'icSEARGN ~ COMtJIUNICATI0Y4S CORPOr~`f>TION OF AI_ASK~ -~ M«Y 20fl ~" 168 CITY OF KENAI COTVT°D: "What do you consider the mosf important issue facing the City of Kenai today?" Brain injury awareness. It is the nation's biggest killer in the nation. it happens every 21 seconds. Teens and the elderly are the worst. It can happen to anyone at anytime. I would love to have a public transportation system between Kenai and Soldotna. lake a Took at what is happening to our {awmakers, and let's go from there. Needing to keep Kenai clean -fishing, water, and everything. Everybody needs to help. I would think that they don't have enough money from the Borough. They don't get enough funding because of the cutbacks. I think tourism, hunting and fiishing rights are being lost, The city gouges us for small amenities such as boat launching and launch availability to local residents. Maybe we should get a tittle break here since it is our way of (ife here. The availabiVity of jobs. I think Kenai is a very well run little cify. I think they are really on top of things. Industrial development. There isn't any anymore. Businesses are going downhill Only national retailers are coming in, so the money is not staying in Alaska. They pay minimum wages to people who try to five on that. I get concerned when f talk with teachers about schoai enrollment. We are losing population because of the lack of empfayment. I think they should do something about the lack of regulations about four-wheeler riding. There is no crosswalk by Key Bank to Kenai Mall, and it is a dangerous crossing for those who walk there. The schools. The quality of education is decreasing because of the addition of charter systems or the funding cuts. The empty, ugly buildings -like those on Trading Bay. Growth. There are too many people Gaming in. Ofd Town -the historical old town. The city of Kenai v/ili know what I mean by that. I would Pike to sae more activities for the youth. There doesn't seem to be a lot of things for them to do. Health care -and lack of services for law-income people. Infrastructure and the development of the airport. The need for general development. -~ 27 DITTMAN RES6P,R(;H '~: COMMUNICATIONS ~%aRPORATION OF ALASKA - MLiY 2007 ~~~~~~ddd 169 i~o ~ &~ rF "'IA $ & ~6F E & R~ ~ J I i ~-~ -! ~ '-! ~- ~ i ~ ~ ~ ~ " ~ ,~ 1 i _ ~ _L_._y 'B~a U~"I bIH Xi~~ bi it B z 1 - ' Mi ~i ~~~~ aiii}' i~=~„ y e L i _:_..i ~ J~_.. Me" ~ al ~`a~~ i ~ L i - ~ ~q M ~g ".~M Yi~~:~ C l I I ~ i ~ ~ i L l ~ a _~, ~_ 11 ~i.a. ~.O ~T :. X &~~. -~.~ i ~ ~p ( ~ ~ ~b~l eA~x a'~ ~ R~$~`~ro f~ ' i ~ E ~ _ ( _ ~ A ~~gl `~K~o ~e a' A~Rr~u ~ ~ I T ' ~~~ 1 i ,,, ,,, - MI$~,{v ~~ ~~a ~~<IS .., i I ~ l ~ ~ I I ~lt':i eP ~~~ 4 Y~r 'C "I Mi t i . F- &iYi ~ f ~Mw b m V C I I i S r ~~ I_ _ ! ~ _~~~. m ~ :I ~ ~iA RI Is ,~ ~ Y~~~r 5w.iu °l~(a ~ ~ I .-~J .--i- -~-+,-1 x's~` a~a~.~i~~~= ~ ~~~ ~ ~ i ~ ~ e I ~~~I y,ix °"., A ~~ a "~ S # _ ~ I ~3kC9C ~~j 1R C„z la;a ~ xl ~ a ~I~ I $ti ~ .-a~ ~ g 4 F 'Fx ~ 5 ': ~~o B 0 E a 171 m N (D ~ ~ ~ R ~a C O 0 ~Q 00 °U N C O ~ N F U ot} U t9 d N C ~ ~ C o E ~T~ <J '.^.~ d Cw G `~ >° a° '~ .: ~~ ~~ d yo ~~ r G '`~ ~ ~ GH '~ 0 C N •~ V O ~ d ~ ~ ~ .i~ Ln C r1 m ~L W ~ u ,,., ~, c o w G P ~ OOw d ^ H ~ ~ n d v a .° N L o m .a "., d °c.J G s, ~ o v; .~ ~ C O ~ a U' o ^,~ :.. c 0 o o p~ O e ,o;, o p, o~ ,a o c ^~ N m ~ e ~ rn o o ~ ~ c ~ c; h~ Q O ~ .. V~ I h N G ~ d o c ~~ ~I o ~^~ M o ~I o i ~I o ~ e ~I a = e i ol o ~' ~ o ~ ~ o o r ~ o o r o N e'~ M N ~ N i N N ~ O N N o ~e ~o ~o ~o ~~ ~~ ;.,~,~~o o_ vNi vNi vii vri M ~n V ~ C ~ v, R~ m OM~ ~Gj N inNT OIL ^~ v's 172 N ~~ ~m Na O 0 n a o ° NU . N lf] CO W ~ R C ~ E E 0 U L tli R d' m~ Y E `o ~~ U ~h L n R ~ O n. ~' n O b ~ ~ ~ y ~ d ~ Y, c~ G ~ a, ~ L ~ oryc.O ~, .c ~' ~ o a °' '~ ° i re a ~ >, .~ H4 ice.. O ~ u.y oL~ w ~~L U y ~ r L~~ O CL O O U O C bra ~ ,d 'y Pr ~ ,C "~ '~ ~ ~ C%C ~ ' p C u b p ~ '." ~ G ~ ^ :6 a' G A ~ N O ,~„ 'b ... W O w ~ O C h p, G ~ "O ~ ° ~ ~ bC y C (y ~ a ~-t ~C O c b ~ R' ~ ~ ^ O ~ ~ :+ v ~ c u b-0 .« ~ 43 O ~ y O O O y p. O :w, O O U ~ p j O ~ w ~U G i a s. b U ~ U w Cw O ~ O ~ p U GL ' ~ 6 y ~ 4r. o ~ . C. a ~ ~ m O u.C+o aJ m ~ Q j C C: O ~ 4 ti 4 65 L ~ O Q ~ Oi0 N MI~O O:'O OHO OV ~T'1 O Ol N ~ O~ V rl' O O h N ~/1. O I .-~ ~ V Vl ~ Vl h ~ N M 1 I ~ e vi.oi, o ~Ie° \~o u^ N N I~^ N N I~ ~~~ N i '-° a ~e ~.o~i= ~.e~o ~~.~ ~ ~e,n o ~ .P ~ M ~ _ ~ ~ ~ .M+ ~ ~~ - ~ ti ~,;o ~` ~e,~e ~`,,, „~o ~e 1=-~I NON N M~ NINim OWN M °ie,oio~o~o~o~o~o~o~~~ M M I M~ V N C j M M ^~J V ~o ~~I°~>JIMI ~I ° NIa 1'73 M ~ ~ °~ m N d O m 0 I~ Q o `p oU N r o ~ ~ ~ c ~ E O U ~5 L Ql y R C ~ m m Y E O U .~ 2 .~ N H W O .'~'. 'v W O .~ U u 0 b 0 u d .~ U G GL O O :.+ s. O d h O ~. O o O, Nv rn o ~ o; ~o O v ~' W O' O~~N ~ V V O O' 1'~~ fJ O ' .-. ~ .-~ ~ .. C' v in ~ [~ N _ . I ~ i i ~~> e e ,=~.~I . ~~o o to Y.Y m'`~ih o0 NI ni c of u'~it D i ~~ a~ >I e v ~~o'omlNi,a z cif or _ N .. ~ ~. M ~ N N N n;r ~~e ~` ~` i;,~e io;a,e i V O v~ O ~ Vi °v' M O M~ I 17~ ~ m (O ~ N d C 0 0 O ~ a O `p oU . N to C o ~ m U ~_ E 0 U W E N N _ N tb ~' OJ C Y E o~ U ~ b YJ ~ ~ o a~ «~ R '~ a O O YC '.J p. LL ~C~ ti o ^ .a o O ~ ~N U y h .~ p C+r ~ ~ W :.~ O ~ C~ `~ iii .N ~ ~ m .V'r 4 O ~_ 4.. y ~ ~ 7 Rt O '^~ "~ ~/a Q ~~_~ ~ ~ o p, c._ U / ~" '~ F ~~i o R' .~ ~ ~ _ ~" G y C ~'' ~ C G ~ C 0 d ~~ ai o a y b ~o '" s. c C 175 N M ~ ~ 0] ~ N N a C C O O n o- o p o U N 47 C ~- O W ~ T <? ~ G ~ E E O U U N N C ~ m ~ Y ~ of >. ^ U C• a h ~• ~?,~ v ~ .~ 0 ~ d ~ •C ~ ~ d wax °, ~ :~ ~ O w O ~'' .+ C o0 .~ O ^6 W a O i. T~ ~ U O e3 ,^ L ~ h :A ~~ ~ C i~.~ y ~ ~ .., o? > o :~ L a 4.e a, c °~ a ~ ~ ^ ~ O ~ yO G r T O ~ ^' Y ~ Y. G h. O L ~ O tv n b -~~ `" o ° .a i ,; m~ o o o ~~ ,~ a ,~ I~l'~ O O rn~ N. N ~ ~ b v a v 0 d 0 o b C~ r V ni VI~. G .~ V h yr [~- N i i ~ >• ~ C/1 N V NO ~ N `m~ ~ N r N cn N ,m V7 N O G m ~~ ~ N C O ~ I a G ~ ~ ~ I ~ i in ° ~ ~ ' ~ .. o ~ o 0 0' 0 ~. o ;e ~ > ' ' K ~~! N N - N N N ~D N N N Or ~, h N O ~~ N~ C N I e ~ -ii ~ I 0 1 ° ' 0~ p oe .o e~ o A~ .o ~ .o ~ o a v. ' N) o m w l m N~ o~ ~ - co N~ m N n N~ o ~1 ~ LN ~ N N = G ~. h i ~ ~ ~ I j - ' e~ c~ c o ~ v~ ~~ ~ e T e o~ e ~ 4C' O I N ~ N N O O N o0 O 1 0 00 G y I , ' L ~ ~ H ' r y~ V W O~ ICJ n m I C' ~ 'S o hb O i I ~ ~ a ~ ~, ~ I I I ~~~ ~ ~ W m ~ T ~ v V L ~ i. ~R' 'O 'Y. d .m 9 C d ~ °~ a~ et ~ ~ ,!p ` ' C O. H~. ~ o 176 m m ~ ~ W ~ N Na C 0 N 0 a o `p oU N e- C 0 m ~ C] O U W s m N N C C N ~ of ~~ U b a L n. m m .~ .., ~:; .~ n ec ~ > .~ m ec H ~ h ~ c• ~ a s. i A ^p w O ~ ~~u c ~ °> ~ ..C. in O m ~ 69 p ~ K+ O ~ ~ ~ may. Y. ~ ~ O a~~s ~, r 7 °' ~ w O •a ~~ O O ~ ti U ^` II, •a „~ ~ ~ u a~ ~ vx O u r w "Cf O "~ d ~ m 'C7 ~~" ~ r o a m ci ~ k a .e w i O rn .. b ~ O d ~ R .~ •~ C G d AU W 177 c m co ~' ~ rn m Na c O t6 O ~ a o ° N U ~ O ~~ ~ U C G E O U o2S m m t0 0.' C C Y ~ E o~ ~C U CITY OF KENAI PLANNING & ZONINI; COMMI55YON AGENDA CITY COUNCIL CHAMBERS May 23, 2007 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences Consent Agenda *AII items listed with an asterisk (*} are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will. be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. 'APPROVAL OF MINUTES: a, *May 9, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ07-18 -Preliminary Plat -Thompson Park - Berghol'tz Replat (A repIat of Lots 7-9, Block 5, Thompson Park Subdivision), Kenai, Alaska. Plat submitted by Integrity Surveys, 8919 Kenai Spur Highway, Kenai, Alaska. b. PZ07-20 -Preliminary Plat -Kenai Peninsula Estates Subdivision - Skrha Addition (A replat of Lots 2 & 3, Block i, Kenai Peninsula Estates Subdivision Pazt One Amended), Kenai, Alaska. Plat submitted by McLane Consulting, P.O. Box 468, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ07-1G ('PZ80-07)- An application to modify Conditional Use Permit PZ80-07 to allow construction of additional support facilities for the Kenai Peninsula Community Care Center located at 320 South Spruce Street (Government Lots 129 thru 132 excluaing City Park SD), Kenai, Alaska. Application submitted by KPCCC Group, Inc., 320 South Spruce Street, Kenai, Alaska. b. PZ07-17 - An application for a Variance Permit from KMC 14.20.220 (tr)(2)(C) (9.5 sign setback variance) for the property known as 41.2 North Forest Drive (Government Lot 15), Kenai, Alaska. Application submitted by Kafnleen Theresa Hoogland, Courtyard Gardens, 412 North Forest Drive, Unit B-1, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ07-19 -Home Occupation Permit -Photography Studio for th,e property known as 1302 Lawton Drive (Lot 2, Block 1, Five b-4ns Hai.ghts Subdivision}, Kenai, Alaska. Application submitted by Patrick & Ke11y Reilly, 1302 Lawton Drive, Kenai., Alaska. 8. PENDING ITEMS: 17$- 9. REPORTS: a. City Corancil b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Toning Bulletins (4/1!07 & 4/15/07} 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: 179 CITY OF I{ENAI PLANNING & ZONING COMMISSION MAY 23, 2007 7:00 P.M• SENAI CITY COUNCIL CHAMBERS CHAIRMAN JEFF TWL3IT, PRESIDING MYNUTES ITEM Z: CALL TO ORDER Chairman Twait called the meetuzg to order at 7:00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Rope' and confirmed as follows Comnussioners present: R. Smagge, T. Lewis, R. Fulhnek, S. Romain, R. Wells, J. Twait Comnussioners absent: P. Bryson Others present: Council Member R. Ross, Department Assistant N. Carver, Contract Secretary ~• Roper A quorum was present. 1-b. Agenda Approval Chair Twait noted the following: ADD TO: Item 5-a, PZ07-I& (FZSO-07) Revised plan from McLane Consulting Email from S. GVhite Aerial of property Email from M. Dimmick/rte sponse from N. Carver Copy of KMC 14.25.040JL.-<nndscaping plan/performance criteria. MOTION: Commissioner Lewis MOVED to approve the a_.genda adding the laydown items provided prior to the start of the meeting. Cor~irntssioner Fullinek SECONDED the motion. There were no objections. SO ORDEI~ED• 1-c, Consent Agenda MOTION: Commissioner Fullinek MOVED to approve th_ -~' consent agenda as presented and requested UNANIMOUS CONSENT. Commis. -inner Wells SECONDED the motion. 180 There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- May 9, 2007 Approved by consent agenda ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ07-18 -Preliminary Plat -- Thompson Park - Bergholtz Replat (A replat of Lots 7-9, Block 5, Thompson Park Subdivision}, Kenai, Alaska. Plat submitted by Integrity Surveys, 8919 Kenai Spur Highway, Kenai, Alaska. Carver noted the following: • If approved, the plat would combine three lots to create two larger lots. • The resulting tot would meet the minimum lot size for the Suburban Residential Zane. A residential structure was currently situated on Lot 7 (Lot 7A). • City water and sewer serves the subdivision. • The parcels are accessed off Lupi~7e Drive, an improved street. • No installation agreement was required. • Staff recommended approval witl'i the recommendation the plat verify there are na encroachments. Chairman Twait reviewed the rules and opened the meeting for public comment. There being no comments, the public hearing portion was closed. MOTION: Commissioner Romain MOVED for approval of PZ07-18 including staff recommendations. Comrnissianer Fullinck SECONDED the motion. VOTE: Bryson Absent , Srna e Yes Lewis Yes ~ F~llinck Yes Romain Yes Wells -Yes Twait ~ Yes ~ I ~ i I MOTION PASSED UNANIMOUSLY. 4-b. PZ07-20 -Preliminary Plat -- i~enai Peninsula Estates Subdivision - Skrha Addition (A replat of Lots ~ & 3, Block 1, Kenai Peninsula. states Subdivision Part One Amended), Kenai, Alaska, Plat submitted by McLane Consulting, P.O. Box 46f3, Soldotna, Alaska. pLANiti+IIv'G F~ ZONING COMMISSION MEETING MAY 23: 2007 PAGIr 2 181 Carver noted the following. • If approved, the plat would combine two lots to create one larger lot. • The resulting lot wauld meet the minimum lot size for the Rural Residenfxal zone. • A residential structure was currently situated on Lot 2 (Lot 2A). • City water and sewer are not available. • No installation agreement would be required. • Staff recommended approval with the reeo~nmendation the plat verify there were no encroachments. Chairman Twait opened the meeting for public comment. There being no comments, the public hearing portion was closed. MOTION: Corrunissioner Wells MOVED for approval of PZ07-20. Commissioner Fullinek SECONDED the motion. VOTE: MOTION PASSED UNl1NIMOiTSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZO?-16 (PZ80-07) -- An application to modify Conditional Use Permit P280-07 to allow construction of additional suppori facilities for the Kenai Peninsula Community Carte Center located at 320 South Spruce Street (Government Lots 129 thru 132 e~eiuding City Park SD), Kenai, Alaska. Application submitted b~~ [~'CCC Group, Inc., 320 South Spruce Street, Kenai, Alaska. Department Assistant Carver reviewed the staff report included in the packet and noted the following: • The request was to modify a permit that was issued in 1980. • The facility has grown and the need for an additional administrative facility and gymnasium had been identified. • Because of the type of facility, adolescents placed there often live, attend school, receive counseling, and do recreational- activities at the site -- the new facility would meet the demands for those services. • The facility is located on a parcel over four acres and was large enough to accommodate the additional facilities while maintaining a buffer from other properties ad}acent to the site. PLANI'*~ING & ZC}NING COMMISSION MEETING MAI' 23, 2007 PAGE 3 I82 • KPCCC staff and a representative from McLanes Surveying were present for questions. • Noted the minimum required landscaping required when the plan is submitted. • Staff recommended approval. of the modification of PZ80-07 noting the facility would not be required to meet the parl~ng requirements for a public facffity; the facility must meet all requirements for building and fire permits for the proposed use; and, a formal landscape/site plan meeting the requirements of KMC 14.25 would need to be submitted. Chairman Twait opened the public hearing. Marilyn Dimmick, Kenai, Alaska -- Dimmick noted. the following: • She is Chair of the Board of Directors for the facility and had been with the group since the original facility was built. • The number of clients using the facility had doubled with more services provided and the new gym would provide recreational activities at the facility. • The Board and staff would prefer a natural border instead of placement of a fence or wall on the property. • The gym facility would be used aazly with permission and limited to functions provided by the facility where only parents, staff and clients would be allowed to attend. Sam McLane, McLane Surveying, Kenai, Als.ska -- McLane noted the following: • His wife also serves on the board of Directors for the KPCCC. • Reviewed changes to the original plan and noted as many trees as possible would be saved and the organization would replace trees where others would be removed. Reviewed the parking plan. Steve White, Kenai, Alaska -- White explained he is the adjacent property owner;; his concerns and questions were eliminated with the current changes to the plan; the facility had been a good neighbor with. no problems; and, he agreed with the placement of a natural barrier rather than a fence. There being no further comments, the. public L~ Baring portion of the meeting was closed. MOTYON: Commissioner Romain MOVED for approval o ~ PZ07-16 and commissioner Lewis SECONDED the motion. It was also noted, because the facIlity was private, parking requirements for a public facility would not be appropriate, the site plan provided for 25 parking spaces, and the parking plan. would meet the needs of the facie. ity. PLANP+ZYNG & ZONING COMMISSION MEETING MAY 23, 2007 PAGE 4 183 VOTE: MOT%ON PASSED UNANIMOFJSLY. 5-b. PZ07-17 -- An application for a Variance Permit from KMC 14.20.220(b)C2)(9.5 sign setback variance) for the property known as 412 North Forest Drive (Government Lot 15), Kenai, Alaska. Application submitted by Kathleen Theresa Hoagland, Courtyard Gardens, 412 North Forest Drive, Unit B-1, Kenai, Alaska. Referring to the staff report included an the packet, Carver noted the follouring; • The applicant recently purchased the property and was in the process of renovating the complex. • As part of renovation, Hoagland wanted to place a new sign and while obtaining a sign permit, it was discovered the previous sign had been placed in the right of way. • Within the constraints of the development and while trying to make the sign as visible as possible; the application was requesting a 9.5 foot setback variance. • Due to the size of the Forest Drive right-of-way, the width of the green strip between the sidewalk, and the applicant's property, the requested valance appeared reasonable and would meet the needs of the applicant and not create a safety issue or snow removal concerns. • Staff recommended approval. Twait opened the public hearing. Steve Hoagland, 412 North Forest Drive, Semi, Alaska -- Hoagland explained the reason for the variance and offered to answer questions. There were none. There were no further comments and the public hearing was closed. MOT%ON: Commissioner Wells MOVED to approve PZO"~-17 and Comnussioner Fullinek SECONDED the motion. VOTE: PLANSIING & ZONING COMMISSION MEETING MAY 23, 2007 PAGE 5 184- MOTION PASSED IrNANIMOUSLY. ITEM 6: OLD BUSINESS -- None ITEM 7; NEW BUSINESS 7-a. *PZ07-18 -- Home Occupation Permit -- Photography Studio for the property known as 1302 Lawton Drive (Lot 2, Block 1, hive Irons Heights Subdivision}, Kenai, Alaska/Application submitted by Patrick & Kelly Reilly, 1302 Lawton Drive, Kenai, Alaska. Approved by consent agenda. ITEM 8: PENDING ITEMS -- None YTEM 9: REPORTS $-a. Citq Council -- Council Member Ross provided a brief report on actions taken at the May 16, 2007 council meeting. In addition, Ross referred to a jixnk ordinance which had been forwarded to the Commission for review several months ago even though the ordinance did not affect Title 14. At that time, the Commission had no comments. Ross asked if the Commission had any specific concerns with the ordinance. Commissioners requested more specific direction from Council. 9-b. Borough Planning -- No report. 9-c. Administration -- Carver noted ordinances related to dumpsters and Connex use would be brought to the Commission for public hearing at the June i3, 2007 meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM I1; INFORMATION ITEM5 11-a. Zoning Bulletins {4/1/07 & 4J 15/07) ITEM 12: COMMISSION COMMENTS & QUESTIONS Commissioners Wells requested to be excused from the June 13, 2007 Commission meeting: Commissioners had no objections. Commissioner Lewis requested to be excused from the June 13, 2007 Conunission meeting as well as the July and August meetings (for paramedic testingl• The Commission stated no objections, however it was suggested he request lenience from the rules through a written request to the Mayor. PLANNING & ZONING COMMISSION MEETING MAY 23, 2007 PAGE 6 18S Carver noted her records indicated there would be only four members gresent at the June 13 meeting and encouraged the remaining members to notify the office immediately if they will not be able to attend. YTEM 13: I~DJOLTRNMENT MOTION: Commissioner Fullinck MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at apprmdmately 7:54 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANL`tIING & ZONING COMMISSION MEETING MAY 23, 2007 PAGE 7 18E> MIPR-GRANT STEERING COMMITTEE MEETING MAY 21, 2007 4:00 P.M. CLERK/COUNCII, CONFERENCE ROOM KENAY CITY HAT.L AGENI}A ITEM 1: CALL TO ORDER & ROLL CALL STEM 2: AGENDA APPROVAL ITEM 3: MEETING 3UNIMARY --January 36, 2007 ITEM 4: OLD BUSINESS a. Discussion/Recommendatian -- Amendments to Mini-Grant Forms ITEM 9: NEW BUSINESS a. Review of Applications 1. MOMS Club of Kenai - Cl©th Diapering Assistance Program YTEM 6: YTEM 7: ANNOUNCEMENTS ADJOURNMENT 187 MI1VI-GRANT STEERING COMMITTEE MEEfi%NG MAY 2I, 200? 4:00 P.1VI. CLERK/covNCIL caNFERENCE Roots KENAI CITY HALL CHAIR PAT PORTER, PRESIDING MEETING SUMIIRARY ITEM I: CALL TO ORDER & ROLL CALL Chair Porter called the meeting to order at approximately 4:15 p.m. Roll was confirmed as follows: Members present: P. Porter, J. Odgers, P. Carty Members absent: L. Reese and J. Steen A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Carty MOVED to approve the agenda as presented and Member Odgers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MEETING SUMMARY --January 30, 2007 MOTION: Member Odgers MOVED to approve the January 30, 2007 meeting summary and Member Carty SECONDED the motion, There were no objections. SO ORDERED. M`EM 4: OLD BUSINESS 4-a. Discussion/Reeoxumendation - -amendments to Mini-Grant Forms With only three members present, it was decic~ ed to discuss this item at the' committee's next meeting. ITEM 5: NEW BUSINESS 5-a. Review of Applicati®ns 5-a-1. MOMS Club of Kenai - Clotl2 Diapering Assistance Program The Comnuttee reviewed the application included in the packet and did not feel the project met the purpose of the mini-grant program. 188 MOTION: Member Carty MOVED to approve Mom's Club of Kenai mini-grant proposal and Member Odgers SECONDED the motion. VOTE: MOTION FAILED. ITEM 6: ANNOUNCEMENTS -- None. ITEM 7: ADJOURNMENT MOTION: Member Carl}> MOVED to adjourn and Member Odgers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Corinruttee, the meeting adjourned at approximately 4:25 p.m. Meeting summary prepared and submitted by: Carol %. Freas, City Cierk MINI-GRANT STEERING COMMITTEE MAY 21, 2007 PAGE 2 189 Kenai Police ®epartment 1 Memorandum To: Rick Koch; City Manager I'mm: Chuck Kopp, Chief ofPolice Date: 05!09!2007 Re: April2007 Report Qverview The Police Department responded to 605 calls for service, and the Communications Department answered 78 e9-I-I calls. There were 5 motor vehicle crash investigatians, 2 of which involved injuries. Officers made 293 traffic contacts resulting in 67 arrests, 145 traffic citations and 148 warnings. Sigrxificant Cases, Training& Departrreent Activities All department administrative staff attended several Department of Homeland Security preparatory training meetings for the upcoming h~lay 2007 statewide Northern Edge Terrorism Response Exercise. Dispatcher Michael Nusbaum was promoted. to Dispatch Supervisor. Apri124 - 26 Nusbaum and Dispatcher ?uny Mattox attended the 2007 Navigator Conference for Police/Fire/EMS dispatchers in Las Vegas, Nevada. The department kicked ofl'the Police Athletic League (FAL},anew partnership with the Boys and Crirls Club to target at-risk youth and give them positive activities to engage in as well as opportunities to meet members of our law enforcement community in a positive setting. On April 1 PAL hosted an indoor soccer tourney with 70 kids attending at 5oldotna Middle School, and on April 22 aping-pong tourney at Kenai Recreation Center. An overview of officer training and public presentations is as follows: 4/2 - 4/6 Chief Kopp attended an Alaska Police. Standards Council meeting, and a Public Safety Technologies Conference. 4/3/ - 4!6 Lt. Wannama.ker attended the APCsA Crime Conference s Page 1 190 4!9 - 4111 Lt. Wannaznaker attended a Volunteers in Police Service seminar. 4/3 Officer Langseth presented an Internet Safety class to Nikiski JrlSr I3igh 4/9 - 4/23 Officers George and Langham tauglht a 2-week DARE seminar to Stan Steffensen's Kenai Middle School 8th grade health classes. 4/11 Officer George participated in the "Every 15 Minutes" program at KCHS featured as a front page Peninsula Clarion article. The alcohol awareness program emphasized the high cost of drunk driving in our community and the mortality of youth when poor choices are' made by themselves or others. 4119 Officers George and Gordon participated in an tretruder response exercise at Kenai Ivfiddle School. 4/19 Sgt. Sandahl and Officers Ross, Langham and Sjogren attend aone-day death investigation seminar in Anchorage. 4/23 Officer Turnage provided a street drugs awareness class at the Kenai Library. 4/23 - 4/24 Officer George and Lt. Wannamalcer participated in Crisis Intervention - School Intruder training for school district personnel. 4/25 Officer George presented an Internet safety class to CIA students, 4/25 Officers George and Langham provided a bullying class to Kelly Wannarnaker's 3rd grade Mt. View Elementary class. 4127 Officer George coordutated a bike rodeo at Mt. View Elementary 4(27 Officer Langseth presented an Internet Safety seminar to North Star Elem. Governor Appointment On March 2, 2047 Governor Palin appointed Chief Kopp to the Alaska Judicial Council. The Council convenes several times a year to interview applicants for District, Superior, Appellate and Supreme Court vacancies. The Council determines which candidates are mast qualified, and forwards those names to the (3ffice of Governor for appointment consideration. ht April the Council convened twice to interview applicants for Fairbanks Superior Court and Kenai District Court vacancies. ~ Page 2 191 A1~I10~IAi~ COrrTROL INT~.KE REP®RT rLpril 2007 INTAKE DISPOSITION STRAY: 75 ADOPTED: 44 Dogs 60 Dogs 27 Cats 15 Cats 17 Other Animals 0 Other Animals: 0 RELEASED BY OWNER: 59 CLAIMED: 27 Dogs 39 Dogs 27 Cats 20 Cats 0 Other Animals 0 Other Animals 0 D,O.A.: 8 EUT'HANIZED: 63 Dogs 8 Dogs 45 Cats 0 Cats 18 Other Animals 0 Other 0 WILDLIFE RELEASE 0 BORO ANIMALS 57 Field Investigations 87 TOTAL DOCsS 107 Volunteer hours 145 TOTAL CATS 35 Total phone calls 677 TOTAL OTHER ANIMALS 0 I92 IIdF4RMs~.TICtN ITEMS KENAI CITY C®UI~CIL MEETINCr JUNE 6, 2407 1. 6f6/07 Purchase Orders Between $2,500 and $15,000 for council review. 2. 5/29/07 Public Works Department, Project Status Report. 3. S/29/07 R. Cronkhite memorandum with attached Proposed AIP Project List. 4. S J 16/07 L. Semmens memorandum identifying check signers and bank information. 5. 5J25/07 Neighbors to Hiland (sic) Trailer Court letter noting concerns of the area. 6. S/30/07 J. Odgers, KEDS Project, Quality of Life/Old Towne Committee email identifying signage recommendations. 7, h/5/07 Kenai Peninsula. Borough Assembly Meeting Agenda. 193 ° m ° ° ° o m o o ci of iti o 0 m ° n r= t a m P7 N tV 'T CV (7 ywy iu r ~_ O U a a u. O Q 0 w5 4 0 0 d n. a°a m sv ~ ttr ~~ Z ~ Q !dd ~ 5 ~ O w W ~ ~ ~ '~I Q a I V1 O W Z U ~ UJ fq m ti ~ O O J ~ O O a ~ Y tJ ~ ~ Z K a m m m a w F y ~ ~ g K W m m m J J J J y O w U y W ~ ~ U °~ = Z m r ce ¢ 5 w U ~- Z m ~ a -+ ~ ~ w o ~ rn z U i- p CC 5 ~ ~ m ~ W ~ ~ U N m ~ ~ N 4 r a w r n K ~ O ~ m u . ~ g } ~ m F- ~ U ~ O Q try Q ~ g J ~ Z U ( ~ Z ~ 194- R Project Sta tus Report L-Ja kLa Shot NC--Non-Construction F=Future RS -Robert Springer MK • Marilyn Kebschull STIP=State Trans. Imp Jet • Jan Taylor aiNC~i City Contact Prn~eut Name Status smr A JL Airport Runway Safety Project again underway -preparing to shut down Zone/Extension runway and use taxiway as temporary runway. A MK Airport Supplemental Planni ng Proceeding with implementation. Phase 2 Final Assessment Reports printed. Issued Amendment 3 far drafting airline negotiating agreement. A JL Contaminated Soils -Shop Will conned existing shop restroom to new sewer. No funds for further work. A RK Kenai River 81uff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Carps Permit. City working with Gorps consultant. Tetra Tech main consultant. R&M is drilling monitoring wells. A JL Kenai Soccar Fields Two complete fields, two partial felds, water system, one-half parking lot awarded on 3121!07. Change Order approved to topsoil iwa more fields and finish parking approved. CIC to begin work week of 5129. A RK LID's & Miscellaneous Pavin g - McCollum/Aliak/Japonski L(D; Angler LID; Set Net 2p07 LID; and Miscellaneous Paving Projects has been awarded to QAP. NTP issued. All projects to be complete 6y August 15, 2607. QAP scheduled to pave Angler Drive during week of May 29. A RK Water System HDL is reviewing fifes on welts and treatment. At issue: WH2WaterTreatment;ArsenicTreatment; WH4; On-site wells for parks; Lawton Dr. Water Main; Water Study Update; and activating ofd wells. A RK Wildwood Water Main Bid opening scheduled far May 3p. Tuesday, May 29, 2067 Page 1 0` 2 195 A~xcrti City contact Pro~ct Name Status s~ F JL beating Facility Exit Road Paving one half of the parking lot and widen the road. DOT driveway permit onto Bridge Access Road has been applied for. City to widen road. Paving possibly near the end of the summer. F LID's -Shamrock Cirde New pefifion submtfted. Publ+c hearing scheduled for June 20. F JL Maintenance Shop Preliminary plans and specifications complete. STIP DOT -Bridge Access Pathway Pathway along Bridge Access Road from K-beach to Spur 3.3 miles...Project in environmental assessment, Design scheduled FFY08. Construction after FFY09. City Manager talking to ADO?. Tuesday, May 29, 2007 Page 2 of 2 196 "Sexvivr,~~iC~+~-' TCe.~av ~evaun~tclea:' ~1"1c~. 1 305 N. WILLOW 5T. SUl7'E 206 KFFlAI, ALASKA 99611 7FJ.EPHONE 967~28:i~7951 N6uttecipal /Yirpart FAX 9d17-2833737 Memo To: Rick R. Koch-.City Manager Fram: Rebecca Cronkhite-Airport Manager Date: May 29, 2067 Subject: Proposed APP Project List Each year the FAA requir~,.s the Kenai Municipal Airport to update the Airport Improvement Project fist. This List consists of planned projects eligible for Federal AtP funding. Projects on this list must be in the Airport Master Plan and on the FAA approved Airport Layout Plan. The proposed (ist for 2007 is attached and for historical reference I have also attached the Iist from 2001. The comparison of these iwo lists will highlight how proposed projects and project costs change through the years. The projects planned for the next year are fairly solid in cost and nature; beyond that cost usually change and the scope of work is flexib ile. Attached: 2007 AIP Project List 2001 AIP Project List www.ci.kenai.ak,~s s, 19'7 dr C i L V a~ //Lq bb ~ ~ ~0.. _ C cn O c ~ I' ~ ~ c^ a ~ _ ~L. ~ -m I ~o G O N ~ .° my i ,v,, ~ O i l aro s ,., o ~ ~ a u> > v~ m ° e ' _o p ~ ( ~ , a O c . ~ N ~ ' f0 ' I • ~~ I c I m Eo u ~~ ; ' I v I, mom c N o a 'a o ~ v1 ~~ o ~ m E ~ V O v • N w y tic ~ fU h Y O u +' N ., ~ . ~o~~ ~ U i ~ f O O O N ~ y . o v E N 'O^ N t~ °1 ~a o ci. a o 0 o a` i 4 ~~ Q ! ° ~ ~ ~ o rn o rn i co o N M Q ~ ' I O ~- M N !, ' ~ ~ -ter ,~ `~ i i I _~ m ~ m ' `" ~ ! C y ~ O ~ ~ N i = ~L ~ m a ~ ~ I ~ a o i~ d I ~ t I ; ~ a ~ m a I E O ~ T . L ~ N !Ci ~ ~ ' E oa x b a a~ ~ E ~ ~ w o. v ~ u y m a m c ~ ti m ~' ~ m o o a ` ° ~' ul ~ ~ d .~ .w d •® 3m O ~ C O ~ i aS A O~ ~' .~~, ? `o c ~ ~a~aES O L u' ' ' mcn ~ ,>,~ o cE c8 c u °c o v t ~ , o ` i '~ = ~ w C7 o.a o 10 9 ~~ v~ 7 I m . ~"~ a- ~Eh G.owco~ _~ o i m I .~ m° 'E c 'U' ~ a~ p v ~O o f l c' w O e i .L1 D N T ~ N .O .V i R O N . m . . . i~ L u S O v m c m ~~ ~ ~ N vi u i m ~_ n o ' l ~w C o o ~ ;.. : yo Oa c ~ v ~ o ,~ c . . n m v `l ,~ E ~ a i 39 m c ~ v l i ~ lo a= v occc U°~~cmap c.V I G! ;~c~ ov o~°8~ " o~mti~a~ oIIj ° ' °~~ u ~~ a, ' a vi > r> c p co~! a ~a " ~ c c a f6 0 -~ ~ ° ' u v~ ~ > c a > w l c u. A +srw m al t o c 3 u 7 0! .n; w ; ~ w G O O ~ O 1 0! O O~ ° I i ° ° o ° o ° o o o o a o i o t o 0 0 010'. ~ N y O~ i N ~ (V Q ~0 fV ~ ~ '~ ~ ~' Ti ~ ,--i N o ~ ' ~r `~ Q a i ~~ ~,E ~ ( ! ~ _ i I~ ~II ~ o I Y U ~ c O ! E ! iV . -o a ~~ ~ I:n !~ m ai ~ li, v u I~ I ~ a w a-. ;v w p ! l I~ j ~ o -° ~K '' o i 0 f ~ i ~ o oc ~,, a , j ~ : N ~~~ ¢ m y I~ v io I Iq'~ Ip c Iv ,u ~~~ ° ~ ` Iw ~ I ~ in'' Z C'G i i¢ O c a to "y ~ c ~ "` c c ~ A %Y I Q u 4 I ' -~ o c , p m ' .E u. - ~ ~" h ~~ ~ I.ga _ .E ~ v o G ~ ' ~ j i iQ U J Q - ~ Q ~W N 0 N ~ ~W 0 6's 0 ~ O a> -+ O N ~.-~ .- ~ -~ ; ~ ~~ N N E ~N ~ N (Y1 jN ! N 198 h c ti N b G c M unicipai Airport "Serrvi,~iCv~x K~.iuw ~ev-,aa~t~+.+.2a%' 305 Pt. W8J.6W ST. SURE 200 t[ENAI, ALASKA 99611 TELEPHONE 907,2837951 FAX 807,2833P37 Proposed AIP Program far ENA Year Project EntitlE;ment Discretionary ~ Total Furads Funds I Funds 2001 Phase f Construct $2,3'f 4,249 , $1,900,000 $4,214,249 ,ARFF/SRE 2002` Phase lk Construct ' $720,797.00 $720,797. ~ ~ ~ ARFF/SRE 2002` ', Acquire security $17,033:00 '; $250,OD0.00 $267,033 ~ improvements: gates fence ~ ~ ~ and CCT securit cameras 2003* 'Acquire security $61,092.00 $61,092. { im rovements: I 2002 Environmental assessment $351,563.00 $351,563. for 1U19R extension I 2002 Acquire SRE equipment: $215,B25.D0 $215,625. loader, sander and dump truck 2003 'Airport Termina{ Handicap ' $250,1700.00 $250,000.DO Access for ADA I ~ i compliance (sidewalks & ~ rams 2003 Acquire land for ~ $250,t~00.00 ~ $250,000.00 ~; approaches ! 2003 Reconstruct Security $50D,G700.00 $SOO,DOO.oo , Fence I 2003 Design for Runway 1(19 $200,0300.00 $200,DOOAO extension, lighting, ; ~ rehabilitate existing I I pavement, groove runway, safety area improvement, ~ i ~ j and ave shoulders. 2003 Rollover or phase far $35D,OOO.OD ~ Constructionlsafety area www.ci.kenaf .ak.us 199 2004 Construct Runway ~ $S,000,OOD $1,300,000' $6,300,000 improvements, extension, ~ safe areas etc. etc 2005 Construct Runway ~ $1,30D,000 $1,300,60D improvements, extension, safet areas etc. etc 2008 Ac uire ARFF E ui ment $1,006,000' $1,DOOA00 12006 ~ Environmental for Flcat I $300,000 $300,000 plane basin expansion and taxi P extension 2007 Extend Flcat Plane ~ $1,300,000. $1,300,OD0 Waterwa 2008 Update Master Plan $250,000 $250,DOD 2008 ' Extend taxi way to Ski Strip $1,050,000 ~ $1,050,000 , And North GA area ~ 'Project currently under grant. www.ci.kena i.ak.us 2007 MEMOI2.4NI3iJM To: City Council Through: Rick Koch, City Manager From: Larry Semmens, Finance Director ~?,~ Date: May I6, 2007 ~~` Subject: Chec]< signers 'Resolution 2007-20 recuires that the Council receive a report of atl check signers prior to June 30. The foIlou~ing people, are authorized to sign. checks: Rick Koch HeatherLawsori Kim I Iowai°d Carol Freas Lawrence A. Semmens .Melanie Lewis The City has two bank accounts at Wells Fargo and one account at First National Banlc of Alaska. The City maintains a third party custodial relationship with Bank of New York to eollateralize deposits at Wells Fargo. The account at FNBA is less than $100,OC30, so it is covered by FDIC insurance, The City has relationships with various hnvvestment brokers. Wells Fargo Trust holds all securities purchased. Riclc Koch, Lawrence Semmens, and Melanie Lewis are authorized to make investment transactions. The City has an account with Ivey Basil{for investments in the Alaska Municipal League Investment Pool. If there are any questions aboat banking or investments please contact me. aoi 7 Gyru~ ~~ ~~ ~ fl i ~'..."° fi`m.+.r f -f' C(~,/ `~" ~.. ~!~ ': hf ,~~,, ~-~ ,` ,.~ ~, `~ ~~~ ~ ~ ~ ~~ ,,~~ ~~~ ~ 202 ~- 7~f ~ ~~''~'~G..,~-mot i~ ~'--c.~' '~? f.G ~~-~~ ~ ~ ~~~ ~ ~ ~ ,~ a /~.~ J~~--~/ .,%~~,~- _.~-`~.`-fit ~~~.~ ~~ . - ~° ~~. ~ .~ ~~ ;~'-'~~ 1' Page 1 of I Garai Frees From: Janis Odgers [janisC~3kenaichamber.orgj ____ Sent: Wednesday, May 30, 2007 5:41 PM To: Carol Frees; Student Member Adam DeMello; Gauncil Member Mike Boyle; Council Member Barry Eldridge; Ceuncil Member Bob Molloy; Council [Member Rick Ross; Council Member Linda Swarner; Vice Mayor Joe Moore; Mayor Pat Porter Subject: Old Town Historic Signs As the champion for the Quality of Life Committees for the KtiDS Project we have several different sub- committees, one is the 01d Town Committee. We have made many strides forward with Old Town and many of our recommendations are coming to fruition. One issue was the signage for the Ofd Town Walking Tour. The signs are in pretty rough shape and it is almost impossible to read the verbage on the small brass plaques. Under advisement we asked Uncie Lloyds to make us a meta! sign that could be placed on top of the wooden signs, that would have the verbage, logos and the number that corresponded with the Walking Tour Map. We had one built, and George Ford of the Historical Group has already approved the sign. The cost to produce each of these signs is $75.00, there are 'I8 on the walking tour and the Historical Group would like to see at least three more placed at three other sites. We are asking the City of Kenai to pay far the signs, they are vital to our historic district and also represent the pride that is instilled in Old Town. I invite you to stop and look at this sign before the next council meeting, so you can see the difference between the old and new. My door is always open and I will be happy to see you at the Chamber Cabin. Janie Odgers Executive Director Kenai Chamber of Commerce 402 Overland Kenai, Alaska 99611 USA 907-283.7989 204 .5/31/?007 ~~nai Peninsula Borough June 5, 2007 - 7:60 p.m. Regular Meeting Borough Assembly Qtazuhers, Sotdotna; Alasita Ron Long Assembdy President Seat 6 -East Peninsula Term Expires 2D09 M¢rgaret Gilman Assembiv 1/ice President Seal 2 -Kenai Term Expims2008 Paul Fischer Assembdy Member Seat 7 -Central Term Expires 2007 Deborah Germano Assembly Member Seat 8 -Homer Term Expires 2008 ~~~- ~KnaPP r-'"-nbty Member -Kaltfarnsky Term Expires 2009 Mtlli Martin Assembly Member Seat 9 -South Peninsula Term Expires 2009 Grace Merkes Assembly Member Seat 5-Sterding/Funrry Rlver Term Expires 2008 Pete Sprague Assembly Member Seat 4 - Saldotna Term Expires 2007 Gary Superri7an' Assembly Member Seat 3 - Ndkiski Term Expires 2007 Tune 5, 2D07 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS F. APPROVAL OF AGENDA AI~3D CONSER"f AGENDA (Alf items listed with an asterisk (*) are considered to 6e routine and nnn-conitoversial by the Assembly and will be approved by ane motion, There will be no separate discussion of these items unless an AssernhIy M®mber so r°euests, in whioh case the item will be removed from the Consent Agenda andconsidered in its normal sequonce on the agenda.}. G. APPROVAL OF MINUTES * 1. May 15, 2007 Regular Assembly Meeting Minutes ........... 1 H. COMMENDING RESOLUTIONS AND PROCLAMATION5 1. A Proclamation Declaring Time ~, 2007 as National Hunger Awareness Day for the Kenai Peniasuia Borough {Mayor) ..... 19 2. A Proclamation Declaring 3une 2007, as Watchahle Wildlife Month for the Kenai Peninsula Borough (Mayor} . , .......... 20 I. PRESEl!'TATIONS WITH PRIOR NOTICE (Linut to 20 minutes total) J. PUBLIC COMMENTS ONPi'EMS NOT APPEARING ON THE AGENDA (3 minutes per speaker, 20 minutes aggregate) K. REPORTS OF' COMMISSIONS AND COUNCILS Page 1 of b 205 fi.. 3une5,200? MAYOR'S REPOR ............... . ......:......... . ................... 22 l: Mayer Special Request/Ivformation: ' ^,° ' a. Motionforreconsiderationregardingl}Digital ElevationModelData Acquisition, 2)'Woods Drive Realignment, 3) Hope Subdivision...... 24 2. AssemblyRequests/Responses a. Additional information regarding State Capital Budget ... . ......... 73 b. Proposed schedule for additional hearings for Ordinances 2007-10 and 2007-11 ...............................................77 3. Agreements and Contracts a. Approval ofcontractwithArchitects,AlaskaforConsulting5ervices at the lvikiski Cornmunith Recreation Center Building ....... , • . • . . • 79 b. Approval of contract with The Rescue Company for Rope Rescue Instruction for CES ......... ............................. . .. 80 c. Approval of contract with Cotta's Custom Cabins far Tolum ROW r Project ................................................. ..81 d. Approval to award contract to Eagle Enterprises, of Homer for purchase of Self-Contained Breathing Apparatus (SCBA} for Kachemak Emergency Service Area ......................... ... 83 e. Approval to award contract to Capital Industries, Inc, for RoII-off Containers. ..........:.... _...........:.,............... ...84 f. Approve[ to award contract to Shannon & Wilson, Iiro. for Water Monitoring Program -Solid W- ante Facilities .................. .. . $6 g. Approval of sole source contract with Arctic Fire &: Safety Company for Wildland Firefighting Foam. Units ........:............... ... 87 h. Approval of Disposal Fee Exer=nption at Central Peninsula Landfill for Kenai River Clean up resuliving from ice jams ............... ... 90 i. Approval of sole source with ASAP Software Company for purchase of Web Filtering Software ... ........................... . .. ... 97 j. Approval to award contract to Floor-Ever, Inc. for Kenai Central `_ High SchoolF;itchen Flooring -Upgrade ...................... ...92 Page 2 of 6 206 k. Approval of sole source with Manatron for additional Tax Software and Hardware for the Borough .................................94 4. Other a. Memorandum from Shane Horan, Director of Assessing regarding Certification of the 2007 Main Roll Assessment ................. • - 95 b. Memorandum from Jeanne Camp, Economic Analystregarding April Unemployment Figures for the Kenai Peninsula Boraugh .......... , 96 1VI. TI'EMS NOT COMPLETED FROM PRIOR AGENDA -1Vone N. PUBLIC HEARIlVGS ON ORDINANCES (Testimony fimited to 3 minutes per speaker) 1. Ordinance2007-19: AgpropriatingFunds forFiscalYear2007-2008 (Mayor} (Referred to Finance Committee) ............. . :....................100 2. Ordinance 2007-13: Amending KPB ~ .60.030 and 2.60.035 to Increase the E9I 1 Surcharge from $1.15 fo $1.44 Per Month (Mayor) (Referred to Finance Committee) .................... ................................116 3. Ordinance 2007-14: Authorizing the Mayorto Execute aLease and Operating Agreement with Central Peninsula General Hospital; Inc. for Central Peninsula Hospital and Other Medical Facilities {Mayor} (First of Two Hearings) (Referred to Finance Committee) ............ . ........:.....120 O. UNFIlVISHED BUSIliES5 -None P. NE4i' BUSINESS 1. Resolutions a. Resolution 2007-035: Setting t3~e Rate of Levy for Real and Personal Property Taxes for the Kenai Peninsula Borough and for Service Areas Within the Borough foa Fiscal Year 2008, Tax Year 2007 (Mayor] (Referred to Finance Committee) .:....................151 *b. Resolution 2007-036: Authorizing Participation in the Teacher; Health Professional, and Public Safet}~ Housing Grant Program (Mayor) (Referred to Policies and Procedures Committee) .......:..155 5:2007 Pace 3 of 6 207" *c. Resolution 2007-037: Endorsir~g the Work of dte Anti-Gang and Youth Violence Policy Team t® Reduce Crang-Related and Youth Violence {Mayor) (Refereed to P' oIicies and Procedures Coinmlttee) ......................... .....;... .:.:........'.::.:...159 *d, Resoiution2007-038: AllocatingS75,620inCapitalProjectFundsfar a Security System at the Borough Administration Building (Mayer} (Referred to Finance Committee) ............................ . 162 ]une5,2DD7 2. *e. Resolution2007-039: Approvingalviutuat-AidAgreemenlBetween the Lowell Paint Emergency Service Area and the Seward V ofunteer Fixe Department (Mayor) {Rerferred to Policies and Procedures Committee} .............._.;.............................165 *£ Resolution 2407-040: Approvirig a Mutual-Aid Agreement Between the Bear Creek Fire Service Aroma and the Lowell Point Emergency Service Area (Mayor} {Refe:xred to Policies and Procedures Committee} .............. _..,............................173 Ordinances *a. Ordinance 2006-19-56: Appropriating $SO,000 in Interest Income from the Spruce Bark Beetle Program to Address Building Deficiencies at Borough Properly Leased by Cooper Landing Emergency Services, Inc. (Mayor) (Hearing on 07110107) (Referred to Finance Committee) ...... .......................... . ..... 1$1 *b. Ordinance 2006-19-57: Appropriating Funds to Reimburse Central Emergency Services andNikislci Fire Service Area for Time Spenton the Helicopter Training Facility at Kenai Central High School (Mayor} (Shortened Hearing on 06/19/07) (Referred to Finance Committee} ..............................................18$ *c. Ordinance 2007-17: Authorizing the Sate ofFourParcels of Borough Land by Sealed Bid (Mayor} (Hearing on 07/10/07) (Referred to Lands Committee) ......................:..................191 * d. Ordinance 2007-18: Authorizing the Exchange of Certain Lands near Woods Drive with the Frank acid Doris Lane Family Trust (Mayor`) {Hearing on 07/10/07) {Referred to Lands Committee} .:...........199 *e. Ordinance 2007-20: Authorizing the Exchange of Certain Lands along K-Beach Road with Gormley, Et Al (Mayor} (hearing on 07/10/07) (Referred to Lands Committee} . ......................214 Pogo A of 6 208 *f Ordinance 2007-21: Authorizing Retention or Sale of Certain Real Property Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings (Mayor) (Hearing on 07/10(07} (Referredto Lands Committee) .....:....:.....'........ ..:.............230 3. Other *a. PetitiontoVacateCorderyRoad,a60-foot right-af--way dedicated by Kalifonsky Beach Acres (Plat K.N 75-74); and V acate the remainder of Crustacean Avenue, a 60-foot right-of--way dedicated by Beach View Subdivision (PIatKN 2004-51); and all associatedpublic uiility easements, within Section 24, Township 3 North; Range l1 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB Pile 2007-092; Location: East of Kalifornsky Beach Raad in Kasilof(Referred to Lands Committee) :........ . ...............272 (Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularlyscheduled May 14, 2007 meeting.) *b. PetitiontoVacateaportianofCatchUpStreeta33-footright-of--way dedicated by Hollywood Subdivision Addition No. 1 {Plat HM 76- 56), and shown on Hollywood Addition (Plat HM 82-1); within Section 23, Township 4 South, Range 15 Vest, Seward Meridian, Alaska; and the Kenai Peninsula Borough; KPB File 200b-280; Location: East on Sterling Highway in Anchor Point (Referred to Lands Committee) .......:. _ ...............................288 Clerk's Note: The Planning Commission approved the above referenced vacafion b}+ unanimous consent at its regularly scheduled May 14, 2001 meeting.] Q. PUBLIC C®M1i+YENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) R. ASSEMBLY MEETING ANTI fiEARING ~SI~TNOUNCEMENTS L Sane 19, 2007 Regular Assembly Mewing 7:00 PM Soldotna S. ASSEMSLI' COMMENTS T. FEl'dDING LEGISLATIC?N (This item lists legi Elation which will be addressed at a later date as Hated.} 5, 2007 Page 5 of 6 209 1. Ordinance 2006-19-55: Authorizing the Purchase of a Digital Surgical C- Ann for Central Peninsula Hospital at a Cost Not to Exceed $162,862 with Funding to Be Appropriated from the CPGH; Inc. Plant Replacement and Expansion Fund (Mayor} (Hearing on 06119/07) (Referred to Finance Committee) U. V Jung 5.26'07 2. Ordinance 2007-10: AmendingKPB Chapter 14.06; Road Standards (Ivfayor at request of Road Service Area Board) {Referred, to Lands Committee} Tabled on 04/17/07 3. Ordinance 2007-1.1: AmendingKPB Title 14, "Streets, Sidewalks, Roads and Trails" and I{PB Title 20 "Subdivisions," Providing for the Construction of Roads to Borough Maintenance Standards Prior to Final Plat Approval {Mayor, Martin) (Referred to Lands Committee) Tabled on 04/17/07 4. Ordinance 2007-14: Authorizingthe Ma3=orto Execute aLease and Operating Agreement with Central Peninsula CTeneral Hospital, Inc. for Central Peninsula Hospital and Other Medical Facilities (Mayor) (Final He»n~ng on 06!19!07) (Referred to Finance Commitrtee} 5. - Ordinance 2007-15: Authorizing the Negotiated Lease at less than Fair Market V slue of a Parcel of Land Containing 25 Acres More or less near Arc Loop Road to Fish & Chips Composting, Inc. for a Fish and Wood Chip Composting Facility (Mayor) (Hearing on 06119/07) (Referred to Lands Committee) 6. Ordinance 2007-] 6: Amending KPB 4.10..110 to Provide fortlie Inclusion of Arguments Supporting and OpposingBallotPropositions inthe Informational Brochure Distributed by the Borough Clerk Prior to Each Elecfion (Fischer) (Hearing on 06/19/07} (Referred to Po39cies and Procedures Committee) INFORMATIONAL MATERIALS AND REPORTS NOTICE OF NEXT MEETENG AND AD3®LJRNMEI~"I' The next meeting of the Kenai Peninsula Borough Assembly will be held on June 19, 2007, at 7:00 P.M. in the Borough Assembly Chambers, 5oldotna, Alaska. This meeting will be broadcast on !:DLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K20ZA0-FM88-1 (East-PeninsulaJ. Capies of agenda items are available at the Borough Clerk's ice. in the Meeting Roam just prior to the meeting. For further information, please call the Clerk's Qfj"i'ce at 714-2160 ar toll free within the Borough at 1-800-478-4441, Ext. 216G. Visit ourH~ebsite atwtvw.boraugh.keruti.ak.usforcopies of the agenda, meeting summaries, ordinances and resolutions. Page 6 of 6 210 CITY OF KENAI J~p'$ ~+ DATE: ~~~ ~~ ~'~ NAME: I'/ti % ~Li~~y~.~ Resident of the City of Kenai? . Residence Address ,'.EMPLOYER: 4 E-G- NAME OF SPOUSE: ~ ''~ k ~~ '~ ~1 Job Title Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ~`~ ~ ~~~~ WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? FF'' ) - ~= 7" ~-cJ aF= S ~~i How long? RETURN TO: KENAY CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 "~~ p p r~Zr C c, ~, Mailing Address ~ ~` ~ ~ T Home Tele hone No. ~'' ~ ~ ~/ `' Home Fax No. Business Tele hone No Business Fax No. Email Address: May we include your contac mfo~??~ation on our web page? ALL ^ If not all, what informafion may we include? A/ `~ ~ ~ ~" ~P ~' `~ ~ ~-- __ , °' Viddage with apart -City widh a future. BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND r-~ 5 }lid { ' ~~a~ - __ f I ~ F ~~ Signature the utyof~ KEN ~ KA DATE: (n ~ ~i ~~ NAME: !t°'T^R4P un tl k} tt11~ `} ~ RETURN TO: KENAI CI1T CLERK 210 FIDALGO AVENUE KENAI, AK 99611 !_'} PHONE: 283-7535, EXT. 231 .,~ FAX: 283-5068 i Resident of the City of Kenai? ;`'.~S How long? i'r~ ' ~~f5 ,,' Residence Address / r~f~~ .x~of~r - ~' ~,~ r / Mailing Address ~~~ f~ ~~ ~~r~ Home Telephone No. ~~s~~ ~fo!? ~ 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: NAME OF SPOUSE: t~~r-`,''~`~~3`i~".~ `~ Current membership in organizations: _ Past organizational memberships: Job Title r COMMITTEES OR COMMISSIONS IN WHICH YOII ARE INTERESTED: ~ o`~~P" f-~~?~' 'CG,''C~Y? WHY DO YOU WANT TO BE INVOLVED WITH TF,{IIS COMMISSION OR COMMITTEE? J WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSYON OR COMMITTEE~EMBRSHII'? ~ f - ~ 3~ uaTa` 09 `?""~~ 2°^`/bL~P~~~ ~J~ hc,o ~~,~F~y l~a.~, f ~ .f CITY ~F KEl~T~ -° " Village with apart -City with a fu; BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND CITY OF KENAI Pi1BLIC NOTICE n~r NE ~ SNd Ai its regularly scheduled meeting on June 6, 2007, the Kenai City Council will hold a public hearing on Ordinance No. 2236-2007, adopting the annual budget for the fiscal year beginning July 1, 2007, and a resolution fixing the rate of levy of property tax. The meeting will be held in the Kenai City Nall Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska at 7:00 p.m. A copy of the annual budget is available for public review in the office of the Kenai City Clerk at the above address. D /211 AGENDA C\\~NAI CITY COUNCIL -REGULAR MEETING i JUNE 8, 2007 -' 7:00 P.M. ~, ,,y~/ KENAI CITY COUNCIL CHAMBERS NENGI,AIASNA http:!/www.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E:. PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. 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. 2235-2007 --Increasing Estimated Revenues and Appropriations by $3,000 in the General Fund for Police Canine Purchase and Training. 3. Ordinance No. 2236.2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 antl Ending June 30, 2008. a. Substitute Ordinance No. 2236-2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Ending. June 30, 2008. 4. 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. (Clerk's Note: Administration is requesting the ordinance be introduced, receive a second reading, and adoption at the same meeting.) a. Motion for 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. 8. Resolution No. 2007-30 -- Awarding a Contract to Jackson Enterprises to Furnish and Deliver Unleaded Fuel and Diesel Fuel No. 1 and No. 2. ~, 9. Resolution No. 2007-3t -- Approving a Contract to D & 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. 71. Resolution 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 G: UNFINISHED BUSINESS 1. 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.) Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1)ond (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 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *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. 4. "Ordinance No. 2238-2007 -- Amending Title 71 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. 5. Approval --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 71 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2007-107; Location: City of Kenai; Petitioners, John & Sharon Williams of Kenai, Alaska. 6. Discussion --Salary Adjustments/City Clerk and City Attorney 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). 8. Discussion --City of Kenai Community Opinion Poll EXECUTIVE SESSION --Annual Evaluations of City Manager, City Clerk and City Attorney. 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 ,uohcitc a4 htMJhnnnnv ri 4onai ~k nc