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2007-05-16 Council Packet
MAKE 6 PACKETS COUNCIL PACKET DISTRIBUTION I COUNCIL MEETING DATE: ~~ " Flo Ma or/Council ~ Attorne Ta for/S rin er/Kebschull Clerk }( Cit Mana er rkg Police De artment `~ Finance En ineer Senior Center Air ort X Kim Librnr Parks & Recreation Clarion Fire De artment Schmidt 9( 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 packet 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/a C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@ncsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) nre 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. ~~ 0 ~.. a ii O O z h w W J U Z O U > s s ~ W ~ , ~ ~ w ~ ~ ¢ o o ~ cn p~ > J >- W ~ ~ O w ~ ~ 0 - 0 0 0 0 o cn w ~ ~ m ~ ~ / ~ } ~ ~ ~ ` O CC w RC ~ ~ ° m O ~' '-u ~ ~ ¢ m c n J >- ~ O w ~ p ~ 0 0 0 0 0 o cn w ~ ~ m a ~ '~ O rt w O J ti{ ~ ~ w ¢ ~ ~ ~ cn 0 0 p ~ p O 0 `~ p cn w cC ~ m a ~ ~ m w O ~ ~ z o O w ~ W ~ ~ w ¢ ~ ~ ~ (n 0 -~ 0 r 0 ~ 0 0 0 o cn w m ~ m d ~ 0 rn a C` 5 u: O C3 Z W W ~G J U Z O U r w O W p W ~ ~ O J ~ ~ o(n_I}m0 J00000 W ~ ~ m ~ ~ ~ CL W ., C`` ' J Z ~ ~ } ® w ~ W W ~ Q O C n ~ ~ m p w ~ ~ 0 0 0 0 0 o cn w cc ~ m a ~ ti e `\ .. ~ W W ~ Z p ~ ~ s` ~ ~ ~ Q O Cmi~ ~ ,,, ~ ~ ~ 0 W ~ ~ 0 0 0 0 0 o cn w m ~ m a ~ `\ ~c! 0 rn a .g O C7 z W W J V z 0 U O ~ w J Z p ~ w W W ~ ¢ o ~ J 0 ~ ~ O 0 w ~ J 0 0 0 o cn w m ~ m a ~ ~ > • .> N p rc w J Z ~ Q w W W ~ ~ ¢ p cmn ~ ~ ~ 0 ` w ~ J 0 0 0 0 0 o cn w m ~ m m ~ ~ w ~ ~ m ® w ¢ ~ o J c n 0 0 >- 0 m 0 0 0 o c~ w m ~ m a ~ N O ¢ w J J W Z O D Cn O W W W ~ ~ ¢ ~ ~ J J J ~ I- ~ O w ~ ~ J 0 0 0 0 0 o cn w ~ ~ m a ~' ~ I O ~c w ~ Z p p „~ ~ w ~ ¢ o ~ J ~ ~ O w ~ J 0 0 0 0 0 o c~ w m ~ m a ~ O rt w O ~ ¢ p ai ~ ~ O w ~ J 0 0 0 0 0 o cn w m ~ m ~ ~ TESTIMONY SIGN-IN SHEET ~d}i;"»4'iW'i L'~ i''1xJ4 a ST ~ ~ k+°W ~,CLr~3?a ~ ~ cs5=`v~.` ~z~d, ,~.~t~,~, ,•,~''~* f(f h ~" ..?+ rr a"S' "`T. ;.=yY L, f r iV'!{ Y 5y >`I I ~. .Y4~~'~.,r~f~1` {'3'bt' ,~ ~ 4tV1~ E '/V ' i S5 J "f +i ( I+Y {{ .°yl,{s~;l"b ~I ~5 ~f #V „jyil.~^~ m~~Nk'T~~ yJ~.%sy~i y5~ Lli Y #v ~~ L~ ^3Lf .A1 itl 'Wi`~ N~ ~~ .i! 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Id$~~` N `~ ~ '~~a "~ I~'v'~ rf rzr¢], ~P 4~,,.py>~ ~dtl 3 17~~s.4'" C "~r~"~, ~ ~.a~ ~(Yn~'~+. "~ "~'~^ F~ L X ~G$?~SI~~k~ ~,d '~`~~I rkm ~~wTS, il~I ~`f i.~g~F' fS~ra "3JFe. 3ve r ~~ J f~w~~ n ~GJC'OlJ `~'L`~1rtC{" Y ry `~'~ !~ i } ' L ~ `~ ~~Y LF J1 4 'L .t' it ~. ~`.A~ 'il r ' ~`k 'r1` ~L, fF~ -~ x '.. }' .. `.,~. ~' Y '~~~`"~ ~,;~` ~ ./`~~(~ µSv~ ~)yr"J-' t~iJLw. K..~A±~3), f r~}~~ ~Y~ ~~,~~} ~~,~~ ~1 b.° } -~fl~ MAY 16, 2007 REGULAR COUNCIL MEETING RE(~UESTED BY: Requests for amendments to the agenda: SUBSTITUTE: Substitute H-2, Purchase Orders Over $15,000 Addition of purchase order to Homer Electric FINANCE CONSENT AGENDA None. Notes: AGENDA KENAI CITY COUNCIL -REGULAR MEETING MAY 16, 2007 7:00 P.M. KENAL CITY COUNCIL CH.~4NIBERS http: / /www. ci.kenai.ak. us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Cali 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC BEARINGS (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 14 to a Range 16....... 1 (Clerk's note: Ordinance No. 2226-2007 was postponed at the May 2, 2007 council meeting. The motion to adopt is active.) 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 ......................... 13 (Clerk's note: Ordinance No. 2227-2007 was postponed at the May 2, 2007 council meeting. The motion to adopt is active.) Ordinance No. 2229-2007 -- Increasing Estimated Revenues and Appropriations by $12,000 in the Senior Citizens Fund for Operating Supplies. 15 4. 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 ..................................... 16 5. Ordinance No. 2231-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund for Paving Vehicle Parking .... 20 6. Ordinance Na. 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 ....................... 22 7. Ordinance No. 2233-2007 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Fund for Construction and Paving a Cargo Pad ....................... .............................. 35 8. Resolution No. 2007-06 (as Substituted) -- Approving the Lease Form for Leases of Airport Reserve Property .................................. 37 (Clerk's Note: Resolution No. 2007-06 (cvs substituted) was postponed from the Apri14 and May 2, 2007 council meetings. The motion to approve Resolution No. 2007-06 is active.) a. Substitute Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Proper'ty ............................... 73 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 .................................... 106 10. Resolution No. 2007-25 -- 17ansferring $10,000 in the Water and Sewer Fund to Purchase Operating Supplies ................................ 110 11. Resolution No. 200?-26 -- Setting the Public Hearing Date on the Proposed Shamrock Circle Paving District .................................... 111 ITEM F: MINUTES 1. Regular Meeting of May 2, 2007 .................:....:............. 115 ITEM G: UNFINISHED BUSYNESS ITEM H: NEW BUSINESS 1. Bills to be Ratified .............................................. 135 2. Approval of Purchase Orders Exceeding $15,000 ....................... 136 3. *Ordinance No. 2234-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Donations to the Disc Golf Course ....................................................... 137 4. *Ordinance No. 2235-2007 -- Increasing Estimated Revenues and Appropriations by $3,000 in the General Fund for Police Canine Purchase and Trauzing ...................................................... 138 5. *Ordinance No. 2236-2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008 ................... 139 6. Approval -- Library Out-of-State Fees ................................ 141 7. Discussion -- Dip Net Dock/Beach Parking Fee Discounts for City Residents.. 143 8. Discussion -- Operating Budget 2008/Cable TV Coverage of Regular Council Meetings ...................................................... 157 9. Discussion -- City of Kenai Appointment to Kenai Peninsula Borough Planning Comnvssion ................................................... 159 10. Discussion -- Formation of Beautification Committee Subcommittee/ Enhancement of Property Fronting Home Depot ........................ 161 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging ..........:......................... ........... 164 2. Airport Commission ................................. ............ 167 3. Harbor Commission ................................. ........... . 4. Library Commission ................................. ............ 172 5. Parks & Recreation Commission ....................... ........... . 6. Planning & Zoning Commission ........................ ............ 176 7. Miscellaneous Comnussions and Committees a. Beautificaflon Committee ........................... ............ 183 b. Alaska Municipal League Report ..................... ........... . c. Joint Kenai River Working Group ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATYON REPORTS 1. City Manager ...................................... ............ 186 2. City Attorney ...................................... ............ 191 3. Citv Clerk ......................................... ............ ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: FEND%NG LEGISLATYON (Items Listed below are legislation which wits be addressed of a later date as noted and are .not action items for this meeting.) Ordinance No. 2202-2006 --Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection 7t~o-Cycle Engines. (1 / 17/07, Tabled, no time certain.) Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. (4/4/2007, Tabled, no time certain.) -- None Scheduled ITEM N: ADJOURNMENT INF®RMATION ITEMS ME4Y I6, 200'7 Page No. 1. 5/16/2007 Purchase Orders Between $2,500 and $15,000 for council review.. 239 2. 5/ 10/07 Kenai River Special Management Area Advisory Board meeting agenda and meeting minutes of 4/ 12/07 ............................. 240 3. 4/30/07 G. Brantley, Jr. letter requesting donation to Soldotna High School Track & Field Program ........................................... 248 4. 5/4/07 C. Simonetti, The Alaska Community Foundation, letter of thanks for donation to Alaska Methamphetamine Education Project Fund ............. 250 Suggested by: City Manager CLTY OF KENAI ORDINANCE 1V O. 2226-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAl, ALASKA, AMENDING KMC 23.50A10 BY CHANGING THE RANGE OF THE PLANNER (CLASS CODE 117)FROM A RANGE 14 TO A RANGE 16. WHEREAS, KMC 23.40.610 contains the classification plan for City employees except the City Manager, City Clerk and. City Attorney; and, WHEREAS, the classification plan lists the Plaru7er (Class Code 117) as a Range 14; and, WI-IEREAS, because of the education, training, duties and responsibilities required of the Planner, the position should be a Range 16; and, WHEREAS, as part of the reorganization of the Public Works Department the City Manager intends to have the Planner report directly to him rather than to the Public Works Manager; and, WHEREAS, it is in the best interest of the City of Kenai to change the range of the Planner {Class Code 117) from a Range 14 to a Range 16. NOW, THEREFORE. BE IT ORDAINED BX THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010 is amended to change the range of city Planner {Class Code 117) from a Range 14 to a Range I6. PASSED BY THE COUlVC1L OF THE CITY OF KENAI, ALASKA, taus second day of May, 2007. PAT PORTER MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 18, 2007 Adopted: May 2, 2007 Effective: July 1, 2007 %~~`~ NM1 ~_ . r,-,:, - j E~1C Gt~of JJ 1tENAt~ SKA "t/i~~a~e rt~it~t a Past, ~c`ty wet~r a Fr~tuYe" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,~,~,ar Telephone: 907-283-75351 FAX: 907-283-3014 '~~~fi t992 MEMO: TO: City Council FROM: Rick Koch DATE: April 30, 2007 SUBJECT: Amending KMC 23.50.010 by Changing the Range of the Planner from a Range 14 to a Range 16 The purpose of this correspondence is to respond to Councilor Yfolloy's request for additional information regarding the above ref renced subject. Attached please find the following: l . New Position Request Form, Planning Department, 6 pagan, 2. Job Description -Planner (Existing), 5 pages. Thank you for your information in this matter, If you have any questions please contact me at your earliest convenience. attachments 2 New Position Request Form Plahning Department Position Request: Page 1 During last fiscal year's budget process, a request was submitted to reclassify the Planner from a Range 14 to a Range 16 and to reclassify the position to an exempt position. Bath requests were denied. Last year's budget was a period of transition for the City of Kenai. The City had an incoming City Manager at the same time the budget was being processed so it was understandable that such requests would be set aside in lieu of al{ other budget considerations. it is hoped that during this fiscal year, the request will be reconsidered on the merits previously presented. Excerpts from last year's request sti[I relevant to the request follow: "The City of Kenai Planner is classified by Kenai Municipal Cade as a member of the Supervisory and Professional Class at a Range 14. The Planner supervises one employee. Planner is a relatively new position within the City of Kenai established in 2001 evolving from an administrative assistant as the City of Kenai's needs grew requiring a professional level of planning. Because of the complexity of the issues and information involved, this position requires exceptional communication skills to interact effectively with others both in person and via written communication. The position further demands excellent organizational skills due to tight time constraints and a heavy workload. Additionally, this position must stay abreast of current Vegat issues in the planning field and be aware of-changes in the City Code and how they affect development in the City, at the same time as developing and maintaining positive professional relationships with ail City departments, other agencies, and the public. This position, within the Gity of Kenai, is unique in that the Planner is not exempt from the Fair Lobar Standards Act as noted in KMC 23.10.030 (b); however is required to attend meetings outside of the normal workday. The Planner is required to attend the Planning & Zoning Commission meetings at least twice a month. And, as planning issues are promoted to the Council level, the Planner is expected to aftend those meetings. In addition to these scheduled meetings, other meetings are required far on- going projects and maintaining liaisons with other agencies." Range Increase: For consideration in the range increase, i researched the Alaska Municipal Salary & Benefit Survey FY 2007. As noted during last year's request, it is difficult to find positions that function comparatively to the City of Kenai's Planner. 3 New Position Request Form Page 2 Planning Department The AML study provides salary studies for two positions. They describe the positions as: "Planner -Senior staff member in a-planning department or under the direction of the single staff planner in a smaller community. Provides independent recommendations on the physical and socioeconomic development of the community. Duties require seasoned professional knowledge and exercise of sound judgment." "Planning Director/Administrator -Plans, organizes, directs, and controls the functions of the planning department. Develops and implements policies, procedures, and practices to accomplish planning studies; reviews zoning ordinance, land acquisitions, and evaluations of proposed annexations, planned unit development, makes numerous public presentations, and related programs." The City of Kenai Planner's responsibilities more closely match the description far Planning Director/Administrator; although, the AML study has classified Kenai's position as a "Planner." En addition, the City of Kenai Planner administers the City's Geographic Information System {GIS). The salary study was reviewed using average hourly wage fisted and then an average for the group was determined. (See atfached spreadsheet.) The average salary for the communities listed far Planner is $29.01 per hour and for Planning Director/Administrator is $34.90 per hour. The City of Kenai Planner is currently a Range 14 with a beginning salary of $23.91 par hour and a maximum of $28.70 per hour. Based on the AML study, the City of Kenai Planner's salary is below the average salary for "Planner" even when reaching the highest possible salary, The proposed Range 16, starting salary is $26.35 per hour ending at a range 16cc at $31.62 per hour, would still leave this position paid below the medium salary range reported in the AML study for Planners. Exerrsgt Status: After last year's request, City Manager Koch asked the City Attorney to research whether the position of planner could qualify for an exemption from overtime requirements. It was Attorney Graves' opinion, "....that a city planner does not qualify for an exemption from the FLSA as a professional or an executive", based in part, on a preliminary opinion by the Department of Labor, We have requested a formal opinion on the matter and the planner position will remain anon-exempt position pending a response from the Department of Labor. 4 New Position Request Form Planning Department Gonciusian: Page 3 Due to the increased duties placed on this position, the required skills and ever- increasing demands, it seems logical to consider the status of this position both from the standpoint of evaluating the range of the position and fibs exempt status. A range increase appropriate to the responsibilities of the position should be considered. When the Planning position was requested and created; a Range 15 was recommended. That recommendation was the result of examining other cities salary ranges and the Alaska Municipal League's salary study. At that time, it was noted that the Gity of Kenai Planner was unique in that the position performed both high-level planning functions as well as the responsibility for the Geographic Information System making it was difficult to find a comparison for the wage study. The Planner continues to perform these functions. The recommendation to a Range 15 acknowledged that at Range 15 the. salary would be below the medium range from the AML study. 5 New Position Request Form Planning Department Page 4 Recommendation: The Planner's job duties and responsibilities, the AML Salary Study and the Fair Labor Standards Act, support justification far a range increase and to classify the position as exempt under FLSA. Recommend a minimum range increase from a 14 to a 16 and amending KMC 23.10.030 (b) to include the Planner. The salary impact to next year's budget would be approximately $1200.00 (with benefit costs) assuming an increase from a 14f tc a 16c. 6 CITY OF KENAI PLANNING & ZONING DEPARTMENT JOS DESCRIPTION TITLE: PLANNER RANGE: 14 NORMAL HOURSlWK: 40-Monday through Friday, 8 a.m. - 5 p.m. Evening meetings as required. SUPERVISOR: Public Works Manager GENERAL DESCRIPTION: Performs professional level duties providing staff services in the areas of planning, zoning, historic preservation, code enforcement, and geographic information services. Provides administrative support to the Planning and Zoning Commission. Work is performed independently under the general supervision of the Public Works Manager. ESSENTIAL JOB FUNCTIONS: Administer and coordinate planning and zoning functions: • DeveVop planning and zoning policy recommendatiohs and related ordinances, policies, and procedures. • Provide administrative support to the Planning & Zoning Commission. • Collaborate with the City Attorney on planning, zoning, and code compliance issues. • Attend Planning & Zoning Commission meetings as staff resource. • Receive applications far special use permits, review them for code compliance, prepare staff reports, make recommendations to Commission for approval or denial, publish public hearing notices, notify affected property owners, and answer questions regarding applications. • Manage the Comprehensive Plan update through all phases, including preparing the request for proposal for professional services, overseeing the contractor, receiving and authorizing pay requests, documenting production, printing, and dispersing. • Write and administer grants, including purchasing and budgeting. • Provide information to the public in matters relating to KMC Title 14-Zoning Code: variances, encroachments, rezones, conditional use permits, home occupation permits, etc.. 7 rw~ ~- Planner Page 2 Job Description • Receive and process preliminary plats for Commission review and recommendations to Kenai Peninsula Borough. • Maintain pleat files and administer correspondence regarding plats between the City and surveyors, and Kenai Peninsula Borough. • Receive complaints regarding zoning issues and code compliance. Research and review code to determine appropriate process for alleviating problem. Send notice of code violation to property owner, or delegate to proper Department or Commission. Provide follow-up and keep permanent records of these activities. • Maintain all files, correspondence, forms, permits, and messages pertaining to zoning matters within the City, • Update & maintain City street maps. • Create and maintain databases for tracking permits. • Purchase supplies necessary to perform duties. • Prepare Planning Department budget. • Issue purchase orders. • Prepare certified mailings as needed, Hire and Supervise Department Assistant: + Oversee hiring, including advertising the position, receiving apeiications, reviewing and selecting applicants for in#erview, interviewing, and assisting in selection of employee, • Oversee and schedule tasks. Act as the City's liaison to the following: • Kenai Peninsula Borough Planning Department, • Homer, Seward, and Soidotna Planning Departments. • Economic Development District (buiidirig permits and zoning issuesi• • State of Afasl<a, Office of History and Archaeology. Assist Public Works Manager with engineering duties: • Assist with organization of maps, blueprints, and documents. • Assist with genera( department organization. 8 P~-~ ~ Planner Page 3 Job Description Responsible for Planning and Zoning Commission; • Coordinate meetings. • Notify City Manager, City Clerk, and City Council of activities of the Planning and Zoning Commission. Prepare meeting packets. + Prepare resolutions and ordinances. • Receive and disburse correspondence relating to Commission business. • Sohedufe and advertise meetings and public hearings. Manage the City's Certified Local Government responsibilities: • Prepare the annual Certified Local Government report. • Maintain the City's survey of historic properties. • Maintain and modify the City's Preservation Plan as necessary. • Review building permits in the Historic Zone for properties identified in the Preservation P{an. Assist the Building Inspector with the following: • Create and maintain building permit files. • Create and maintain database of building permit activity.. Assign street addresses. • Schedule inspections. • Prepare routine correspondence, including code violation notices. • Distribute building permit activity information as requested. • Prepare purchase orders. • Work with the Building Official to resolve citizen complaints regarding code violations, including junk vehicle complaints, Determine property ownership, notify citizens of code violation, and maintain files. Provide assistance to the Public Works Departments and other Gity departments with the following: • Provide computer support regarding both hardware and software. • Research and purchase software/hardware for Planning and Public Works Administration. • Install software for the Public Works Administration. 9 ~a ~ ~ ~$ Planner Page 4 Job Description Responsible for Geographic Information System (GISj for the City of Kenai: • Update databases with City and Kenai Peninsula $orough data. • Provide maps to City departments as necessary. • Update address information when property is subdivided. • Provide updated address information to the Kenai Peninsula Borough. • Using ArcView and AutoCAD and City maps, provide basic drawings as requested. • Provide property ownership information as requested. • Query property data for land-use management. Assist Public Works Administrative Assistant as necessary including: + Provide backup when needed for vacations, appointments, lunches, etc. Q.UALiFIGATIONS: • Knowledge of principles and practices of land use planning, land management, and zoning. • Knowledge of federal and state laws, rules, guidelines, policies and procedures related to the work. • Basic knowledge of engineering, mapping, contracts, leases, and construction. • Knowledge of methods and procedures used in collecting, analyzing, interpratirig and reporting data. • Knowledge of a variety of computer software, including word-processing, spreadsheets, databases, mapping software, and fax programs. • Ability to write clear accurate reports and business correspondence. Knowledge of general office practices and principles. • Knowledge of business communication, telephone etiquette, grammar, punctuation, and organizational skills. • Knowledge of public relations techniques. Ability to perform tasks with minimal or no supervision. • Ability to complete projects independently with inflexible deadlines. • Ability to coordinate a wide range of duties with constant interruptions. YO ~~,~~ s Planner Page 5 Job Description Ability to establish and maintain effective working relationships with government agencies, City boards and commissions, City Departments, City Council, individuals; firms and organizations doing business with the City for the purpose of planning and coordinating work. + Ability to interpret City code, + Ability to interpret and apply laws, regulations and administrative policy to City matters. • Ability to communicate effectively orally and in writing. • Ability to compose memoranda, business letters, and reports. + Ability to organize and maintain varied filing systems. • Ability to operate personal computers, computer software, calculator, copy machine, and fax to perform duties. • Ability to type a minimum of 60 w,p.m. + Physical ability to perform essential job #unctians. EDUCATION AND EXPERiENGE: A bachelor"s degree in urban, regional or community planning, public administration or some other closely related field and three years of increasingly responsible experience in small town or rural area planning. A bachelor's degree in any other subject area and four years of professional planning or other related experience leading to a general knowledge of planning principles may be substituted for the forma! education requirement. AICP certification preferred or a minimum of education and experience to meet the requirements of the exam. Must hold or obtain an Alaskan driver's license. WORKING ENVIRONMENT: Duties performed primarily in an office setting. ii t'~ ~~ Alaska Munici al Sala & Benefits Surve FY 2007 ~ Pkanner Average wage Anchorage Sr. Planner $35.17 Anchara e Sr. Planner $37.68 Fairbanks No Star Borou h Planner II $26.22 Matanuska-Susitna Borou h Planner 1 $29.33 Matanuska-Susitna Bcrou h Planner II $25,22 Kenai Peninsula Borouah Planner $24.47 Katchikan Gatewa Borough Princi al Planner $30.23 Wasilla Planner $37.88 Kenai Planner $2fi.90 Valdez Planner $25.44 Unalaska Plannin Director $39.66 Petershur Communit Development Directr $30.63 (Seward Planner $23.92 Dillin ham Planner-0irtRdmin $25.38 Cordova Planner $23.45 Lake & Peninsula Borough Econornia Devetopment Coordinator $32.69 ICrai Planner $18.86 Avera a $29.01 Planning Director/Administrator Average wage Fairbanks No. Star Borou h Plannin Director/Administrator $42.79 Matanuska-Susitna Boroueh Plannin & Land Use Director $41.25 (Kenai Peninsula Borou h I Plann!n Director $36.75 Juneau Communit Development Director $4i.68 Sitka Plannin Director $37,84 Wasiila Recreation & Cultural Services M r. $37.54 Palmer Communit Develo ment Coordinator $25.47 Homer Cit Planner $32,71 Valdez Communit Develo ment Director $38.25 Unalaska Plannin Technician $26.31 Seward I,Communi Development Director $28.72 Wran eit Economic Dev./Planner $27.67. Lake ~ Peninsula Borou h Gommunit Develo ment Coordinator $34.65', Brlstoi Ba Borou h Plannin Specialist/Grant Writer $30.51 i Avera a $34.90 Removed - Don't a ear to be similar ositions: Palmer Plannin Tech & Code Compliance 0`f. $17.88 Homer Plannin Tech UGIS $20.26 Homer Plannin Tech 1/Code Compliance $21.20'.. Dena3i Borou n Land Use Technician $16.80. Chetarnak Land Planner $15.00'. Coffman Cove Pro'ects Mana er $16.00'. I 12 Suggested by: CouneiIor Ross CITY OF KENAY ORDINANCE NO. 2227-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY" OF KENAI, ALASKA, AMENDING KMC 21.10.080 BY ADDING A SECTION 1`HAT 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. WHEREAS, KMC 21.10 does not allow a lessee to negotiate the contractual right of a tease renewal: and, WHEREAS, failure to allow for a contractual right to a lease renewal may discourage some investments on airport. reserve property: and, WI-IEREAS, allowing the City Council the ability to grant a lessee the contractual right to lease renewal provides the city with a tool to use when appropriate to encourage investment on the .airport reserve; and, WHEREAS, any such renewal rights should be authorized by a resolution of the Council upon such terms and conditions as it deems are in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITI' OF KENAI, ALASKA, that KMC 21.10.080 is amended as shown below; 21.10.080 Lease amendment or renewal. l~ An application submitted by an existing tenant for an amendment, term extension, or renewal of the tenant's lease shall be subject to the requirements and procedures of KMC 21.10.010-21.10.070, except that (a} KMC 21.10.040(b)(1), (2) and (3) shall not apply to an application that does not include a proposal to construct new improvements on the premises; (b) KMC 21.10.040(b)(3} shall not apply to an application that does not include a proposal to add, delete, or alter a business authorized under the Lease; (c) The appraisal deposit under KMC 21.Y0.050ta)(2)(i} shall not be required for an application for a lease amendment that, if approved, will not alter the size or value of the premises; and (d} The deposits under K1VIC 21.10.060(a}(2)(i) and (ii) shall not be required Por an application for a lease amendment that, if approved, will make only administrative changes in the lease and will not alter the authorized use, size, or value of the premises or if the City Manager determines the City will not sncur any engineering, surveying or consulting costs. 13 Ordinance No. 2227-2007 Page 2 of 2 I21 Notwithstanding subsection .OSOf 1} above the Council maV by resolution. grant a lessee the contractual right to a lease renewal upon such terms and conditions as it determines are in the best interests of the city. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, lnis second day of May, zoa7. ATTEST: PAT PORTER, MAYOR Carol L. Frsas, City Clerk Introduced: April i8, 2007 Adopted: May 2, 2007 Effective: June 2, 2007 14 Suggested by: Administration CYTY OF ICENAY ORDINANCE NO. 2229-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REt~ENUES AND APPROPRIATIONS BY $12,000 IN THE SENIOR CITIZENS FUND FOR OPERATING SUPPLIES. WHEREAS, additional. revenue has been received from the Senior Connection and miscellaneous donations; and, UJHEREAS, money is needed for food supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Citizens Fund Increase Estimated Revenues: Senior Connection 56,000 Miscellaneous Donations 6,000 ~w 12.OQ0 Increase Appropriations: Operating Supplies ~I= PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~h day of May, 2007, PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: May 2, 2007 May 16, 2007 May 16, 2007 Approved by Finance: ~ G-~ (4/17J2007} hl Ys Suggested by: City Manager CITY Ol~' KENAI ORDINANCE IeIO. 2230-2007 AN ORDINANCE OF THE COUNCIL OF THE CPTY OF KENAI, ALASKA, AMENDING KMC 21.10.090(d)(1) and (2) BY ESTABLISHI_NC. DIFFERENT REQUIREMENTS FOR DETERMINING THE LENGTH OF A LEASE EXTENSION AND EXTENDING THE MAx'IMUM TERM OF LEASE INCLUDING ANY EXTENSION FROM 35 TO 55 YEARS. WHEREAS KMC 21.10.090{d)(1) provides for a maxhnum lease term of 35 years; and, WHEREAS, KMC 21.10.090(d)(2) provides that lease extensions may be granted for one year for each $25,000 of additional uivestments in permanent improvements; and, VcrI-IEREAS, KNIC 21.10.090(d)(2) also provides that tine maxZmum 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 matdmum term. of a lease, including any extension, fiom 35 to 55 years will encourage investment in permanent improvements at the airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 21.14.090(d)[lj and (2) are amended as follows: 21.10.090 Length o£ lease teem. (a) Unless the City determines a shomer lease term is in dae best interest of Che City, the length of term for a lease granted for land within the Airport Reserve will be based on the amount of investment the applicant proposes to make in the constniction of new permanent improvements on the premises during the first twenty-four (24) months following 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)(1) of this section. The appraisal shall be performed by an independent appraiser certified under Alaska Staame 8.87 with experience appraising airport impravetnents. The appraisal shall be paid for by the lessee. (c) If the appIicarit proposes to make less than one hundrod thousand dollars ($100,000.00) in new permanent improvements on the premises, the maximum term of a new lease shall be five (5) years. Ed) If the applicant proposes to invest one hundred thousand dollars ($100,000.00} or mare in new permanenrimprovements on the premises: (1) The maximum term of a new Iease or a renewal of an expirhig Iease shall be determined according to the following table: 16 Ordinance 2230-2007 Page 2 of 4 (APPLICANT'S LWESTMENT/ MAXIMUM VALUE (IN U.S, DOLLARS) TERM OF IS AT LEA5T YEARS LESS THAN $'I00,000 S $100,000-$199,000 IS $200,000-$299,000 20 $300,000-$399,000 25 $400,000-$500,000 30 MORE THAN 5560.000 35j Auulicant's InvesGnenY/ Maximum Value (in U.S. DaIIars) Terns InYears Less than $ 100.000 S $ 100,000 - $199.OOD 10 200.000 - $299,999 15 $ 300.000 - $399 999 20 $ 400.000 - $499.D00 2> $ 500,000 - $599.D00 30 $ 600.000 - $699.000 35 5 ?00 000 - S?99.000 40 $ 800 000 - $892000 45 $ 960 000 - 5999 000 50 More than $1,000.000 55 [(2) THE MAXIMUM TER.'vI EXTENSION FOR AN BXTSTING LEASE SHALL, BE ONE (1) YEAR FOR EACH TWENTY-FNE THOUSAATD ($25,000.00) OF ADDITIONAL PROVIDED THAT THE TOTAL OF THE RENI.AINING LEASE TERM AND THE EXTENSION SHALL NOT EXCEED THIRTY-FIVE (35) YEARS:} (~ The maximum term for a iease (initial lease alas extension(s)1 shall ba dftv-five years. Th~ len^th of the =xtension(si shall be determined accordine to the followine table: I7 Ordinance 2230-2007 Page 3 of 4 Annlicanf's Investment! Maximum Value (in LC6. Dollars) Extension is at Least Term of fears $ 75,000 - $100.000 5 $ 100 000 - $199 000 i0 $ 200.000 - $299,999 IS $ 300.000 - $399.999 20 5 400,000 - $499.000 25 $ 500.000 - 5599,000 30 5 600.000 - 5699,000 35 $ 700.000 - 5799.000 40 5 800.000 - $899 000 45 5 900.000 - 5999.000 50 {3) A bona fide third party purchaser of airport improvements may get an extension for an existing Lease acquired with improvements based. on aCity-approved appraisal of the improvements purchased. Unless Che City determines a shorter lease term is in the best hterest of the City, the extension shall be based an the table in subsection (d)(1) of this section provided no extension shall extend a lease term past thirty-5,ve {35) years. The appraisal. shall be performed by an independent appraiser certified under Alaska Statute 8.87 with experience appraising aitporC improvements. The appraisal shall be paid for by The lessee. {e) In fne lease granted to the applicant, the City Manager will include a provision requiring the applicant to substantially complete the proposed permanent improvements within a reasonable period of eime, considering the cost and nature of the improvements, Provided however, that the time allowed shall not ordinarily exceed twenty-,[our (24j months afar the effective date of the lease. ('f) In the lease extension granted to the applicant, the 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 time period shall not ordinarily exceed twenty-four (24) months after the effective date of the lease extension. (g) The City Manager will include a provision in a lease 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 set under subsections (e) ar Cf7 of this section. The City Manager will determine Che form and amount of the security according to Che best iutexest of fhe City, considering the nature and scope of the proposed improvements and the financial responsibility of the applicant. (h} The applicant shall, within thirty (30) days a€eer completion of the permanent improvements, submit to the City Manager written documentation that the improvements have been completed as required under subsection (e) or (f) of this section. (i) If the applicant shows good cause to the City Manager, and the Manager determines the action is not inconsistent with the City's best interest, Che Manager may grant an 18 Ordinance 2230-2007 Page 4 of 4 extension that is sufftcienC to allow for the cornptetion of the permanent improvements or for submission of documentation. Chat the permanent improvements have been completed under this section. No extetsion or combrnatian of extensions granted will exceed twelve (12) months. (j) If, with9,n the time required mrdar subsection (e) or (f} of this section, including any extension granted under subsection (t} of this section, the applicant fails to complete the required permanent improvements, the City Manager will. execute Che forfeiture of the performance bond, deposit, persona( guarantee, or other secm~ity posted by the applicant under subsection (g} of this section to the extenE necessary to reimburse Che 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 redace the term of the lease to a period consistent with the portion of the improvements substaneially completed in a timely manner according to Che best interests of the City. (k) The City Manager shah review rates. charges and the investment/value in the chapter ever} five (5) years to see if adjustments should be made. (t) When used in this section, the following terms shall have the meanings given: (I; `Expiring lease" means a lease with less than one (1) year of term remaining; (2) `Existing lease" means a lease with at (east one ('1}year of term remaining; (3) "Permanent improvement" means a fixed addition or change to land that is not temporary or portable; (iJ "Permanent improvement" includes; (A) A building, building add'it'ion, retaining wall, storage tank, eat~hwork, fill material, gravel, and pavement, and (B) Remediation of contanunation for which the applicant is not responsible; (ii) "Permanent 'improvement" excludes items of ordinary maintenance, such as glass replaaetnent, painting, roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patchittg. PASSED BY THE COUNCIL OF THE CITY OF KENAl, ALASKA, this 16th day of May, 2007. ATTEST: PAT PORTER, iVLAYOR Carol L. Frees. City Clerk Introduced: May 2, 2007 Adopted: May 16, 2007 Efiectlve: June 16, 2007 19 Suggested by: Administration CITY OF KEPIAI ORDINANCE N0. 2231-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY ~w20,000 IN THE AIRPORT FUND FOR PAVING VEHICLE PARKING. WHEREAS, Iast year the City of Kenai began construction of a vehicle parking area at the south end of the airport; and, WHEREAS, this project needs to be done concurrently with the runway project; and, WHEREAS, money is available in fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $20,000 Increase Appropriations: Other Buildings and Areas -Improvements other than Buildings $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~ day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effecfive: May 2, 2007 May 16~ 2007 May 16, 2007 Approved by Finance:--~ (04/25J2007} h1 20 ~"~e~n~a i [~utl9Cipar AiYpOt^C "Sewix~-iCv,rr K i er~.%en~uX~tx%' ~N.~s=.s~nE~ .,~„ FAX ~7 To: (tick R. Koch, City Manager From: Rebecca Cronkhite -Airport Manager ~(! Date: April 24, 2007 Subject: Additional Funds for General Aviation Parking The project started last year to provide vehicle parking at the scuth end of the airport for genera( aviation and charter carriers remains partially complete. We allowed vehicles to park there during the winter months when the grcund was frozen, however additional work is required to complete that lot. Additional funds are allocated in the unapproved 2008 budget; however the need to utilize material from the runway project to cap the parking area necessitates completion of the pad work prior to the availability of 2008 budget funds. !n house work on this project fast summer turned up several soft spots that required additional excavation and fill. The men and equipment available in-house are not adequate to accomplish this work in a timely manner. The Operations Supervisor has explored cost and availability of leasing larger side-dump trucks for hauling overburden out and fill-material in so the project can be competed in several days rather than several months. The cost for the equipment, operators, and material is estimated to be between $10.000 and $15,000. The exact depth of the soft areas is unknown. Once again, the urgency is due to recent developments with the runway project that make it necessary to have the pad ready to accept recycled asphalt material by the 25t~' of May. I request the $20,000 currently in the 2008 draft budget be transferred to the project this year so construction can proceed concurrently with the runway project. www.ci. kenai. ak. us. 21 Suggested by: Administration CITY QF KENAI ORDINANCE NO. 2232-2447 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $35,000 IN THE AIRPORT STORAGE BUILDING CAPITAL PROJECT FUND FOR CONSTRUCTION OF A UREA STORAGE BUILDING. WHEREAS, the airport needs an adequate budding to store urea sufficient for one SnOW Sea50n; and, WHEREAS, the Federal Aviation Administration has indicated that federat grant money could be available for the project; and, WHEREAS, the City of Kenai needs to design the building prior to grant filing; and, WHEREAS, money is available in fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $35,000 Increase Appropriations: Transfer to Capital Projects Fund $35,000 Airport Storage Buildine Capital Proiect Fund Increase Estimated Revenues: Transfer from Airport Fund $35,000 Increase Appropriations: Engineering PASSED BX THE COUNCIL OF THE CITY OF KENAI, ALASKA; this 161h day of May, 2007. PAT PORTER, MAYOR $35,000 ATTEST: Carol L. FYeas, City Clerk Introduced: Adopted: Effective: May 2, 2007 May 16~ 2007 May 16, 2007 Approved by Finance: ~~ (04/25/2007} hl 22 Municipal Rirpoe~E "Serv+:+~~-~a+'K~xtvai ~en,r.Yt~ula%' 305 N. W WAiN 5Y. SUtFE ZW tU3JN, ALASI4A 99611 1ELEPNONE 907,283.7961 PAX 907,2833737 To: Rick R. Koch- City Manager From: Rebecca Cronkhite-Airport Manager„ Date: Apra[ 12, 20b7 Subject: Urea Storage Budding The Airport Operations Facility design did not anticipate current issues affecting the local urea production. Pelletized urea is the most cost effective means of ice control approved by the FAA for use an runways. The airport is heavily dependant on this chemical for maintaining safe operating surfaces in the winter. Changing local and global economic factors make it unreasbnable to depend on the loco! producer to have small quantifies of urea available for pick up through out the year. It is prudent for the airport to construct an adequate building to store urea sufficient for one snow season. The airport did construct a sand storage room in the airport warm storage building located across from the terminal This building is currently used by the City Street Department for sand and equipment storage. The use of this area for urea storage would displace the Street Department. The area is generally thought to be too small, and the area is heated which causes the urea to aol(ect moisture and produce an offensive odor which might cause further concern to the Street Department. Far these reasons, it Is in the best interest of the airport to add a urea storage building to the existing location. The FAA allows urea storage buildings to qualify for grant funding and in initial conversations with the FAA the indication is That a new building could qualify as an addition to the existing facility; an additive alternate for lack of a better description, The FAA will allow the original project design team utilized far the Operations Facility to design the addition without going through a new consultant selection process. This www.ci.kanai.ak.us. 23 process will save significant time and money in the bid and selection process. because those firms are already familiar with the existing structure. The FAA requires that the sponsor (City) complete the design and bid process prior to filing the grant application. This process has been in place for several years now and requires the airport to fund the design and bid work from airport funds and then recover 95% once the grant is received. We have requested and received a proposal for professienal services from RIM Architects, Wince-Corthel!-Bryson, and other sub-contractors on the original team. The propose! amount is $27,928. We anticipate minimal charges from the City for bid document preparation and engineering review. A transfer of $35,000 from Airport Fund to a new Gapital project account wi6 allow us to proceed with the design and bid. Our anticipated timeframe for bidding is early to mid-winter with construction in the spring of '08. I recommend that we proceed with this project. The urea storage building will benefit the airport even if the local plant remains open year round, The ability to safely store the de-icing chemica{ on-site makes the response to runway icing conditions immediate and eliminates the need to sand a truck and operator off site during freezing rain or other dangerous driving conditions. www,ci, kenai. ak, us. a4 ;~~~ A R C H I T E C T S Pehruary 6,2007 Rebecca Cronkhite Manager, Kenai Municipal Airport City of Kenai 305 N. R~iIlow St. Suite 200 Kenai, Alaska 99611-7792 RE: Kenai Airport Urea Storage Building RIM Architects Project No. 07016 k'LE PROPOSAL Dear Rebecca: Fa._9G].]19.4195 ~rtY S.Cesh. uAnvm Jnm¢ 99ougM1am uexunv Aollentl ft NeW 11, ur,rore 5mtt A.9nhnG wxeeu ~Aemr.Kloseph, wro ~ MaMrtw P. YOpeGrreien \, www.rimercNrtetta,wm Thank you. for the opportunity to woek for you again on the new Urea Storage Building at the Kenai AirporC. T have attached fees for this project which include the following sub-consultants: Civil & Structural; Wince-Cor`thall-Bryson Mechanical & Electrical; MBA Consulting Engineers, lne. Cost Estimating; HMS The attached fee spread sheet defines the total costs for developing a short version of construction documents with all items specified within the drawings. These fees do not include bidding or construction administration services. I understand in our conversation that you have limited design funds at this time. If you are looking to define the'project design and budget, we can provide a concept design and a cost estimate on a time and materials basis not-to-exceed $ 10,000. Please review this letter. and. the attached fees and give me a call if you have any questions. Thank you again for the opportunity to work with you at the Kenai Municipal Airport. Sincerely; RIM Architects Matthew P. Vo el, Architect ? ,.,.r Principal g ~~ ~ ~ _ results im~ginatrar~ 0 Srcce?. Suie eAG M<hwage, Nasra 49501 25 4/ !~^ T ~ _. ~. A R C H I T F c T 5 ~~~ ES$111'1%t'~~ FWOIeCt Kanal Ahoort Urea Stora0a Bldg. Date i~e. 7016 February 6, 2007 ArehlfachiaveJ - - - 'aYlll Architant Laval MJ[ JarchHeot Laval try praF,flecE Levaf °tr lntep, ArefdteerLevo[ ri"lIl ~ ".'nterlA ;4reMItaCV CAO gavel 11 'AtlminJ PSI R ee5 InC U to e O OWIn W S. 2C hrs. 84 hrb. I I GOVal Sheet Floor Plans Refleatsd Cellin Plane Enerlor Elevations Buildin Sections EMenot Wall Sections EXrarior Details Imsrior Etevatlons Interior Derails Schedules For Finishes. Doors $peciil:a6ona (6paG data to pO lndlldetl on tlfaWln S) Gonsuflatlon with artd Goordlnflfion of Su4wnsuttants SchamatiGPreGminarvlFinal Reviews Total Hours 24 hrs. BA hrs. tiourf Rates $37D/hr. $21Dfnr. $i60/hr. $14Ulhr. $i05/hr. $95Por. $55/hr. Architectural Fees $S.b4O $71 760 Total Architectura4 Fee $16,900 Subconsuttents: Total Subconsultants' Fees $9,39Y Givil $1.000 Cost Est $1,697 Hardware Structural 52,500 Intafior6 Environment Mechanical 52,200 Lantlsrapa Rendering 26 ~--E t~..dl ~` 4103 Minnesota Drive • Ancfierage, A{aska 99503 p: 907.561.1653 is 9OZ562.0420 mait@hmsataska.com RtM Architects 645 G Street, Sutta 400 Ancharage,AK 99501 Attn: Matt Vogel Project; Kenai Airport Ursa Storage Building Location: K®nai, Alaska 7. Project Descriptfan and Service Fey Fr®pos~f DAT' PROPOSAL htO. 2!6!07 P7-02-06 Prepare 95°;° submittal construction cost estimate for the following scope of work. A 720 SF concrete slab/CMU wall and steel framed roof construction Urea Storage Building with one overhead door. No mechanical utilifies except ventilation fan wi#h power and lighting to support the building. Estimate will be in CS; Divisions 1.16 format and priced to summer 2007 construction as a compatitively bid project. 2. Fee Breakdown 95°i° DESIGN SUBMITTAL S 1,691.00 Nate: The shave foe does not include preparation of additive bid items ar alternates. See 4, Terms below. 3. Schedule Allow the following fuH working days to provide this proposed sarvica. Please Hate that the following days exclude weekends, holidays and part days. 9S% Desigr, Submittal Wifhin (5) Working Days Page 1 of 3 27 Fee Proposal 4. Terms Deliverable: HMS inn. will provide a copy of our estimate via email in a PDF file format or, i# necessary, in Excel. Should a hard copy of the estimate be necessary, at your request, a bound or loose copy will be provided to you. Drawings: Archite~ngineer shall provide HMS Inc. with full size, correct scale drawings. Should these na# be provided, It may ba necessary to inaraasa our fee proposal and add additional days to complete our work. Should R be necessary, HMS Ina. has fhs capability to print one or two drawings, however, depending on the quantity, an additlonai charge may be added at $4.00/sheet. Additive Bra' Items orAltematas: Our fee proposal does not include preparing estimates for additive bid items oraltemates that require rs•measurament of work items included in the Bass 6ld cast estimate. We reserve the right is reneootiata our fee should alternates become necessary beyond one ar two minor alternates or additive bid items. Rarmbursable Expenses: This fee prapasa! does not provide ter tang distance phone calls, site visits, meetings with the owner, or any other unforeseen expenses unless listed in Section 2. Fee Breakdown. Any such hems, if required, will be charged on atime-and-expense basis at our current rate schedule. PenaltyBonus Condition: This proposal is made on the understanding that wa will not be entering iota an agreement with the client that includes apenalty/bonus contlition dependent on the outcome of the bid. Should such a clause be required, we reserve the right to modify our proposal or possibly withdraw from the project, Addittona! Insured: Any requirements to name additlonai insureds on our insurance policies maybe subject to additional fees should fees be added to our policy by our carrier. PeymentTenns: Payment shalt be made within (4S) days of invoice dale. Delayed payment beyond that period is subject to a i °~o fee per month. Payment is not subiect to you being paid by your client. Prepared ay: Ehsan Mughai, inc 1 EM/tai Page 2 of 3 28 4i 03 Nfinnesota Drive • Anchorage, Alaska 99503 p: 802567.7653 E 907.562.042D mail Cdhmsalaska.com FEE BREAK~70~lVh! Pro%ect: Kenai Airpcrf User Storage Building ,41E Frm: RiM Architects Location: Kenai, Alaska Dafe: 2/5/2D07 Prepared By: Ehsan tJrughai 7ofal 7otat Disctp(ine Rate Nours Subtotal Hours Fee 95% Design Submittal: Pro}ect Estimator 125.00 x 1 125.00 Senior Estimator 107.00 x 2 = 214.00 Estimator 95.Ofl x 2 = 180.00 AssisianT Estimator 70.00 x 1A = 880.00 Computer Operator 77,00 x 1 77.00 Offica Support 52.50 x 2 = 105.00 Total 95% Desi gn Submittal: 22 Hours $ 1,891.00 TQTA'~: 22 Hours $1,691.00 Page 3 of 3 29 ~e'ince-CQ rEhelt-Bryson P.O. Box P04i Kenai, .triias[sa 99611 Ph.907-283-4672 Rex 907-283-4676 Rim Architects 645 G Street, Suite 400 Anchorage, Alaska 99501 Attention: Matt Vogel Subject: Urea Building C Kenai Municipal Airport Kenai, Alaska. Matt, February 6,2007 Wince-Corthell-Bryson is pleased to provide you with this proposal for engineering services requested on the subject project. We are familiar with the location and type of building proposed as well as the expectations of the e[ient. We look forward to working with you on this project. As we understand the project, you wish to have civic and structural engineering services provided for the design of a single story building with a footprint of approximately 720 s.£, to be located immediately north of the ARFF-SRE facility at the Kenai Municipal Airport in Kenai. We assume the building witI be of cmu construction with a concrete stab on grade floor and z wood truss framed roof. The propased site is adjacent to the existing ARFF-SRE building pad and. was recently cleared of existing trees and overburden. This project wilt extend the existing pad. Water and sewer utilities will not be extended to the new building. We propose to provide you with signed structural and civil drawings, anticipated to consist of 4 - 5 sheets, for the above-described project for a lump sum fee of $3.500.00. Following is a breakdown of the proposed fees: Structure( Engineering: $ 2,.500.00 Civil Engineering: 1,000.00 Total $ 3,500.00 We have assumed the fol}owing: Separate bound specifications are nat required. Qne full-size (22" x 34"} and one half-size (1.1" x 17"} sei of reproducible drawings, stamped and signed by an engineer, will be provided. Printing of additsonal sets of plans is by others. Any required permitting fees are to be paid by others. 30 • A site topographic survey and geotechnical investigation are not required. • Construction administration services are not a part of this scope of work. If you have any questions regarding this proposal, please do not hesitate to contact me. Sincerely. .'WI~s,.~i. 'b Mark Blanning, P.E. Wince-CortheIl-Bryson 31 Specializing in grcfic, Si?barctic, Nartharn Marifirne.and Remofe Regions as Suggested try: Administration CITY OF KENAI ORDINANCE NO. 2233-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE AIRPORT FUND FOR CONSTRUCTION AND PAVING A CARGO PAD. WHEREAS, there is an area on the airport that needs to be constructed and paved to provide needed cargo staging areas; and, WHEREAS, there is significant cost savings associated with doing this project concurrent with the runway project; and, WHEREAS, money is available in fund baSance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Aixport Fund Increase Estimated Revenues: Appropriation of Fund Balance $25,000. Increase Appropriations: Airfield -Improvements other than Buildings $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adapted: Effective: Approved by Finance: 104/25/2007} h1 May 2, 2007 May 16~ 2007 May 16, 2007 35 P6`.7P.~~VLY~EX~''/CY GC~iA.G~P' !\.GN WS.f~ ~'~JIA,lN3 305 N. VYILLOgN ST. SURE200 I~7dAhle lU.A$K1A 88811 TELEPHONE 807,2837951 FAX 807-2833737 Rick R. Koch- City Manager Rebecca Cronkhife -Airport Manager ~ ~,, April 24, 2047 Constructeon of Cargo Pad As cargo traffic at the airpor< increases and the available ramp space Ls more in demand it has become necessary to develop new areas for businesses to operafe. Fish haul operations are seasonal and have traditionally operated on the north end of the main ramp. The number of local canneries participating in receiving fish via air has increased over the last few years maidng it necessary to develop a more efficient operating plan. There is an area between the aircraft ramp and the property dedicated to the AirTraffic Control Tower approximately 206 feet wide and 100 feet deep. During the gate project we relocated the perimeter fence to allow this parcel unrestricted access to the ramp. Last year the airport maintenance crew excavated approxirnatefy 800 yards of overburden. The Operations Supervisor estimates at least another 1,000 yards of material needs to excavated and 3,000 yards of fil(material brought back in. Once the fill is in place, recyded aspha}t from the runway project can be used to cap the pad. The resulting pad will be perfect for staging fork lifts, trucks and associated equipment #a service the fish haul operations. Ratherthan lease ramp space forfish haul we can then lease each aperatora 60' x 160' foot staging area and share the ramp space fortuming aircraft. To bring in the proper equipment, operators and material will cost approximately $25,000. The estimated revenue from leasing the staging area to three separate users is $5,400 per year resuffing in a 5 year cost recovery. The initial cost of consfru~ion is greatly reduced by utilizing material excavated from thefloat plane basin projectforfill and capping the pad with recycled asphaitfrom the runway project The fact that the consfivction of this pad is tied to the runway project necessil~ates immediate action ratherthan the anginal plan of doing the work in-house. I strongly recommend we proceed with this project as there is significant cast savings associated with doing it concurrently with the runway project and the need forthis space is immediate. www,ci.kenai.ak.us. 36 Suggested by: Administration CITY OF KENAI RESOLUTION NCD. 2007-06 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAi, ALASKA APPROVING THE LEASE FORM FOR LEASES OF AIRPORT RESERVE PROPERTY. WHEREAS, the Kenai Municipal Airport is the owner and lessor of a significant amount of property within the City of Kenai; and, WHEREAS, the City of Kenai has undergone as supplemental planning assessment in order to update airport operations including: planning, finances, accounting, management, and leasing; and, WHEREAS, as part of the supplement planning process the Airport Reserve was created; and, WHEREAS, ttte procedures for the leasing of airport reserve lands is contained in KMC 21.10; and, WHEREAS, KMC 21.10.I50(aj(3j states the airport reserve lease form should be approved by the city council by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the airport reserve lease farm as shown on Attachment A is hereby . approved by the City Councff. PASSED BP THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 37 -.~ ~~~. ~~v. -the city o~ ICENAt. KA "~`lla~e u~~t~ ~ lest, Gl°` cv~`t~' a Fr~ture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7?94 l"elephone: {907) 283-7535 !Fax: {907} 283-3014 www.ci.kenai.ak.us TO; Mayer Porter and the Kenai City Council FROM:~',/2•°G Cary R. Graves, City Attorney DATE: March 15, 2667 RE; KEI?S Airport Lease CommenCs Qn March 5, 2007, Rick Koch, Larry Semmens, Rebecca Cluankite and I met with Rick Baldwin and 3ason Carmoll regarding comments the KEDS group had an the proposed airport leases (both in the reserve and outside of it). Their comments were very helpfxl and we appreciate the time they took to review and eommeut on the lease forms. Some of the suggestions have been adopted and are contained in the substitution resolutions. The changes are indicated by the legislative format. Some of the comments did not result in changes. We wanted to provide the Council with a. summary of the KEDS comments so you could be familiar with them. L Comments and Changes to the Non-Airport Reserve Land Lease Form (Resolution No. 2007-0~}, A. The word "natural" was added before material in Paragraph D.5 in the third line to reflect the intent is to restrict removal of such things as sand and gravel, etc. B. The second paragraph in Paragraph D. 1 fi was deleted. That paragraph required lessees to remove buildings on the property at the end of the lease period that the city did not want. The eomrnent was that the clause created a "negative salvage value" in the buildings (i.e. an additional business cost in remoeing the-buildings). They thought that additional cost would be a disincei7tive for business owners to invest in leased property. C. Part of the first sentence of Paragraph D. 31(a) was deleted. That sentence limited the lessee Prorn mortgaging the leased premises to situations where the financing money would be used on the property itself. The KEDS representative thought that unfairly limited a business owner from using the capital from his investment and. discouraged investment in cit}= property. under the old language an owner of a building an city leased land could net mortgage the premises to use the capital 38 for a different use. Under that provision a lessee couldn't mortgage the building and leasehold interest to acquire capital to start a different business or to pay far catastrophicmedical expenses. '?. Comments and Changes to the Airport Reserve Land Lease Form (Resolution No. 2007- 06). A. The KEDS representatives had a concem that Article II (a}(2) would Iimit seasonal businesses at the airport because it required businesses to operate "uninterrupted by any period of closure over I5 consecutive. days or 30 aggregate days within any 12-month period" The administration thought the phrase in the first sentence qualifying that requirement by stating, "Unless Che City approves otherwise in writing" adequately provided for situations where the eiCycould consent in writing for seasonal operation of a business. B. The phrase "or order of public authority" was added to the last sentence of Article II (a)(2) at the request of the KEDS representatives. That part of the paragraph deals with excused periods from the continuous operation requirement. C. Article II(c}(3} prohibits "outside storage on the Premises of junk, salvage aircraft or vehicle parts..." The 1~EDS representatives thought the limitation of storage of "salvage aircraft" within the airpon reserve might linvt business opportunities at the airport. That phrase was not removed because of the administration's concern over the storage of savage. parts at the airport. It was felt an aircraft salvage operation might be a better fit outside of the airport reserve. D. In Article II (c)(5) Che word "natural" was added before material as a limitation oa what could be removed from the leased premises. The change was recommended by fhe KiGDs representatives. E. A concern was expressed about the penalty provision in Article IV (f). That section imposes a late payment penalty of 10%. The penalty provision was left in because it is required in the City Code. F. The phrase "or in the case of a lease renewal ar extension the beginning date of the original lease" was added Co Article V(a}(1) to make it clear that a lessee who renews or extends a lease does not have to pay the city for the improvement he/she has made on the property. The change was requested by the KEDS representatives. G. The phrase "for the purpose of interim or permanent financing or refinancing of the Lessee's improvements on the Premises and for no other purpose" was removed per the request of the KEDS representatives. That phrase would limit mortgaging of the leased premises to situations where the money would be used on the premises. A similar requirement was removed from the non-airport reserve lease form also. The requirement was thought to impose a limitation on use of capital that could discourage business development at the airport. K. Language was added to clarrfy the indemnification language of .Article X(a) (1). The. added language provides that the indemnification requirement must be "resulting from or arising out of any acts of commission or omission by the Lessee, his/her agents, employees, customers, invitees azising out of the Lessee.'s 39 occupatior. or use of the premises demised or privileges granted, and to pay all costs connected therewith. I. The KEDS representatives had some concems over the $1,000,060.00 commercial automobile coverage requirement in Article X(b)(2). The admhnistration felt that requirement was reasonable and did not change. it. J. The BEDS representatives had concerns over the ability of the city to increase the insurance requirements of lessees at intervals of five years in Article X(b)(6). They felt it might discourage investment because is might be used unreasonably, The administration felt the Limiting Language in the section that pegged any increase to "the risks relative to the Lessee's operations; any insurance guidelines adopted by the City and any change in applicable law" adequately protected lessee from arbitrary increases in the insurance requirements. K. Paragraph XII(c}(2) was remaved. It is the same "negative salvage issue" that occurred in the non-airport reserve leases regarding the requirement of lessees to remove. any buildings not wanted by the city at the end of the lease term. L. In Article XIV(b)(I) the term "appraised value" was substituted for "aggregate cost" in determining the value of improvements on the_ property. The KEDS representatives Chought allowances should be made for a lessee making his own improvements rather than contracting it out. In that situation the "appraised value" of the improaement would be higher that the `aggregate cost," The administration asreed that the better measurement was "appraised value." M. Zn Article XIV (b) the exclusion of financing costs was remaved at the request of fhe KEDS renresentatives because that is a real cost of construction. It also was not needed onoe the term "aggregate cost" was changed to "appraised value." N. Article XIV (e) was deleted and. replaced with amended language taker, from Paragraph D. 18 of the non-airport reserve Lease form. The chazige was made because of the KEDS representatives concern that the "negative salvage value" of requiring lessees to remove building from the property at the end of the lease term would deter investment on airport property. 0. There was also concem regarding the lease extension provision in KMC 21. t0.090(d)(2). That section allows a lessee to apply for a lease extension of one year per n2>,000 of additional investment. There was a concem that, for example, a $100,000 investment could not be amortized over the allowed four- year extension. However, the investrnant could also be amortized aver the remaining ].ease term in addition to the four year investment so that concern may be somewhat mitigated. P. The KEDS representatives also wondered if it would be possible to allow a lessee to negotiate the right of renewal at the expiration of the lease. The current airport land rules do not grant lessees a right of renewal. Instead they may apply for a lease renewal, but there is no guarantee it will be granted. The suggested change could be done with a code change similar to Ordinance 2219-2007. That ordinance was proposed by Councilor Ross and is up for a public hearing on April 4. 2007. It would allow a lessee to negotiate the right to purchase non-airporC reserve property at fair market value after completion of the required development. 40 These camments are taken from my notes of the Maroh 5~' meeting. It is certainly possible that some comments or concerns did not get recorded in my notes. We encouraged Rick Baldwin and Jason Carroll to attend the Agri] 4`h meeting to speak to the council about their conceals. Please letme know if you have any comments, suggestions or questions. 41 KE,NAI MUNICIPAL AIRPORT L):ASE OF AIRPORT RESERVE LANI3S THIS LEASE AGREEMENT entered in o thi. day of , 200._., by and between the CPFY OF KENAI, ("City") 21 Fidal `o Avenue, Kenai, Alaska 99611-7794, and individually, whose addre s is ("Lessee"). , For the proposes of this Lease the follawin~ L Airport -the Kenai Municipal Airpo lanes, water taxiways, and ail City-owned re Reserve as defined in IZMC 21.05.010-020. 2. Airport. Manager -the official t hom the authority and rasponsrbiHty of managi an direct Manager" includes that person's authori d ze ese 3. City -the City of Kenai., Alaska, a h ~. 4. City Manager -the official responsibility of managing and dir 5. Conttunination -the unpe~ 6. Environmental Law-.any ordinance, code, permit, order, de environmental matters, including 7. FAA -the 8. Hazardous Substance - ny's hazardous waste, Hazardous Sub a petroleum, petroleum product, or o 9. KMC -the abbreviation for 10. Permanent Improvement - a fixed LEASE OF Page 1 of 31 all. the taxiways, aprons, water oundanes of the Airport of the City has delegated the ss of the Airport. "Airport of Alaska. active iesvof the it} ;once of iy r 1e s Ife ' ral, star o Ioc gme ` t of any „ ~n id dum ' g. ~ ~. that 42 has delegated the Hazardous Substance. statute, law, regulation, ental entity relating to under an Environmental Law as toxic, pollutant, contaminant, Code. to land that is not temporary or ~.,~y. Lessee: portabte, including a building, building addition, gravel fill, paving, retaining wall, storage tank, and well, y a. PREMISES: Inconsideration of Lessees the covenants of Chis Lease, the City leases to tote the following described propei2y ("Premises") i District, State of Alaska and located on the Airpo b. NO WARRANTY: Except as may e p3v warranties, expressed or implied, concernin the soils, wetlands, access, and suitability or pr ofitaY this Lease, its environmental condition, or t pr on; and under the surface. The Lessee takes da warranty, subject to any and all of the covenants eo the Premises. a. AUTHORIZBD USES i. USE OF PREiv following purposes only: 2. CONTINUOUS the Lessee will operate its period of closure over 15 consecutive a, the term. of this lease. The Lessee will ' business on the Premises for more than I the closure and the date on wl ch e Le; apply to any period during wb or directive of the City, or asl~ on the Premises dne to fire or b. RIGHTS RESERVED TO 1. RIGHT TO GRANT TOGO`, any rights and pt~ivtleges notnot specifically and ptvileges granted ¢o the Lessee in thi's LEASE OF AIRPORT LANDS Page 2 of 31 City nt of Che rents and performance of all ~ te, and the Lessee leases from the City, ;;e ai Recording District, Third.Iudiciaf it. d in is °ase, the City makes no specific ',ition o th remises including, survey, for any u i hiding those authorized by ;~ or absen o' azardous Substances in, is on an "a, s' asis and without 1s, ~ _ conditro s'affecting the City`s title to use the Premises for the Uti ss t ~~ approves otherwise in writing, ses on t c tinuous basis; uninterrupted by any aggreg e ys within any 12-month period of ty writte x Cice before closing the Lessee's eu .' e davs. +The notice must state the reason Par for business. This provision does not 3Perate its business as a result of an act ort or loss of the Lessee's buildings The City reserves the right to grant to others he Lessee on an exclusive basis. The rights e~the only rights and privileges granted to the 43 Lessee: Lessee by this Lease. 2. EASEMENTS: The City reserves the right to make grants to third patties or reserve Co the City easements or rights of way thr gh, on, or above the Premises. The City will not grant or reserve any easement or right of way th t unreasonably interferes with xhe Lessee's authorized uses of the Premises. 3. LNGRESS, EGRESS AND INS to and egress from the Premises and the right to buildings, for the purpose of inspection or envir of an emergency, all inspections and environ e to minimize interference with the Lessee's • th 4. RIGFIT OP FLIGHT: Ther is t assigns, for the use and benefit of the public, airspace above the surface of the Premises. T cause in ti`te airspace any noise inherent in the c flight through the airspace or landinn at,, Caking c. PROHIBITED USES Unless specifically authorized by this prohibited: 1. Any use of 2, Any use of Airport regulation. 3. The outside std parts, non-operational support solid waste or debris. 4. The by the Lessee, inch waste. 5. The sMippin Premises without the prior 6. Erecting struetu constitute an obstruction to air LEASE OF Pxge.3 of 31 ses 44 The City reserves the right of ingress part of the Premises, including sting atany time. Except in the case ''LI be coordinated with the Lessee ~pf e Premises. ~ed a t e City. its successors and C for e ~ sage of aircraft in the ~t of fli~it gill include Che right to m}+ aircraYused for navigation or operation on iha Airport. this Lease, the following are in this Lease. in vi~lat?gn of a City Ordinance or an salvage aircraft or vehicle :d equipment or material, or t of waste materials generated overburden, and construction. no`g any natural material from the of the City. growth of natural objects that would Mowing any activity on the Premises that l~ ssee: would interfere with or be a hazard to the flight of aircraft, or interfere with air navigation or communication facilities, serving the Airport. 7. Any use or activity that is TERM R a. TERM: The term of this Lease is for to the _day of , 200_ b. HOLDOVER: If the Lessee holds o ei the expiration, cancellation or terrninatian tl extension of Che term of this Lease, but onl + cr rent payments accepted by the City. The Le e will continue during the manth-to-month tena Lessee's holdover with ten (l0) days' advanoe a. RENT: The rent foz the Premises City pursuant KMC 21.10.100 and as sul applicable sales tax. The rent shall be pa the term of this Lease. All paymen eq annual. rent exceeds $2,400; the Le see rent in equal monthly installments payal term of this Lease and thereafter t mo from annual to monthly shall resin n had the conversion not taken place, b. RENT PRORATED: Rental for basis of the rent payable unde t,l' Leap c. ADDITIONAL agrees to pay to the apr (1} Taxes pertaining to (2} Sales tax now enfr monthly installments whether the basis. LEASE OF Page 4 of 3I a AND by applicable law or regulation. the _ day of , 200_ i in ossession of the Premises after the oI 'ng over will. not operate as an mth-t m th tenancy, regardless of any ions for er rmance under this Lease ~itv or Le ee av terminate the er year, as established by the nent u de Article V of this Lease, plus in adva °of the first day of each year of .e< e must ~ e made in Lr.S. dollars. If the ten n rice to the City, choose to pay the on r b .ore the anniversary date of the No ' vision of the payment schedule to 1 s r nt than it would have received pet7a ss thar~ne (1) year shall be prorated on the ~ast~ll y r grevious to the prorating. tot re t e ~fied in (aj of this Article, Lessee vies, se meets, and charges as follows: the Lessee. future, computed upon rent payable in per this Lease on a monthly or annual cicy: Lessee: 45 (3) All taxes and assessments levied in Che future by the City, as if Lessee was the. legal owner of record of the Premises. d, PAYMEidTS: The Lessee shall make ch c ,bank drafts, or postal money orders payable to Che City of Kenai and deliver payme s to ity of Kenai, Finance Department, ? 10 Fidalgo Avenue, Kenai, Alaska 99611-7794 or ny oth 'r address the City may designate in writing to the Lessee. e. INTERES'p: Beginning the day after pay s e, aLl unpaid rents, charges, and fees requited under this Lease will accrue interes t the ate et ht percent (8.0%,) per annum. Interest on disputed amounts will. not be ch' .ge to the Les ee `f the dispute is resolved in the Lessee's favor. f. LATE PAI`IvIENT PENALTY: In a dill' n t ' ny intere g able under Prevision (e} of this Article, each time the Lessee fails to pay a n o ee by the t required in this Izase, the Csty wit.i charge, and the Lessen shah pay, ttn ~d, finis ative pang. ` of, ten percent (IE1.0%} of the amount due and unpaid. g. COURTESY BILLINGS: Less e a nowledge the t any billing statement. issued by the City is provided only as a courtesy. The sse is obllga d pay a1I rents and €ees when due, regardless of whether ar not the Lessee re i 's ' filling sty e nt from the Citq. h. LTF.r'~I AGAINST LESSEE: Any rent, h' °._ e, ar of ~ consideration which is due and unpaid at the expiration, fermi on, or can e ~ 'on f this Lase will be a lien against the Lessee's properCy, real or pesonal. i. PAYMENT OF CITY'S OST T Lease will.p ~ 1 reasonab}e actual expenses, costs, and attorney Fees City may i ur,`wi o ~ withou fo al action, to enforce, defend, or protect this Lease or City's rights un t s ea e; inclu n~ any expense incurred with respect to environmental compliance, bankrupt o ~ anyt roceedi ~ at involves Che Lessee, the Lease; the Premises, or improvements or pes-son~ propert} n the !emtses. The Lessee will make payment within 30 days of th da of each ati ro ity of any amounts payable under this provision. j. PAYMENT FOR E } A S VIC ess"ee agrees to pay the City a reasonable tee for any special sei is of ac' .hies t v agrees to perform, which the City is noC otherwise obligated y is ea P to pr ~tde and which the Lessee requests from the City in writing. 4,. LBASfi OF AII2PORT LAA'DS ? Ciey: Pie 5 01' 31 Lessee: 46 ARTICLE V AD,TUSTNIRR'T OF RENT ANT) F>J)/5 a. RENT OR FEE ADJUSTMENT: Beginn' gin 2007 and, thereafter, at intervals of approximately five (~) years, the City shall, in i s e discretion, adjust the rent or a fee payable by the Lessee under Article IV or other provisio oft 's lease. The amount to which the Gity increases or decreases any rent or fee shall be e tablish 'd in accordance with KMC 2'1.'10.1.00 and 21.1.0.160. Any rent change by the City s atl be 'sed on the fair market value of: l . The Premises in its condition on p]us 2. Any improvements made b}{the not reimbursed by the Lessee. No rent or fee change shall be effa written notice w the Lessee. TP the Lessee market rent for the Premises, Yh ssee n. KMC 2L10.160. b. CITY-CONSTRUCTED IMPRO or in connection with, the Premises shall of establishing the rent under (a) of this 1 reimburses the City for the City's c~strt a. LNVALID WTTHOL'T CITY a security interest in, by grant or imp or any improvement an the Prercuses assignment, sublease, or secur ty i .E bearing the original, notarize signet documents for the City's con eptua document may not be construe as k interest. All provisions in this se Lessee. TICL VI TS:s 1 SE ,'T: Th+ iofi, th 'whole h ut the w ' 'ter m t ritt of all ar'e Z w. H e r, rt 's cons nt and and 'nd b. NO WAIVER OF CONSENT: security interest will not waive the regi other assignment, sublease. or security LBASF OF . Page 6 of 31 date stated in Article III or in date, the cost of whicl: is 30 days ~r the date a,` the City's :hat any changed rent exceeds the fair the rent change to the City under ve ents constructed by the City an, a art 'f tike Premises for the puroose :e, a ondition of this lease, nt to C 21.101.1.0. e ee may not assign, sublet, or grant r part of this Lease, the Premises, ;o ant of the City. Any progosed and must be submitted to the City ssee may submit unsigned draft i City's conceptual approval of a araft ny assignment, sublease, or security he assignees and sublessees of the ;ent to one assignment, sublease, ar Lessee to obtain the City's consent to any Lessee: 47 o. ASSIGNEB 1 LESSEE OBLIGATIO?QS; An assignment must include a provision stating that the assignee accepts responsibility for all. of the assignor's {Lessee's} obligations under this Lease, including environmental I}ability and resp srbility. However, unless the City specifically releases the Lessee ir. writing, the Ci y ay hold dre Lessee- responsible for perforrning any obligation under this lease whit an • signee fails to perform. d. OCCUPANCY BEFORE CITY CONS NT: En assignee or sublessee may not occupy the Premises before the City consents to the assi nment r sublease in writing. e. CONFLICT OF PROVISZONS: Zr. event`of co ict between this Lease and an assignment or a sublease, the terms of this . as control. f. LESSEE NOT RELIEVED OF OB IGAIONS: The it}'s consent to any sublease does not relieve or otherwise alter the Lesse 's o liga'ons unde 'him ease. g. SECURI'I'Z' ASSIGNMENTS AND F N IN L. Subject to the requireme t of (a) oft 's . 'Cicle VI, the Lessee may assign a security interest in this Lease [ R PUR 5 OF INTERIM OR PERMANENT FINANCING OR REFINAi~TCily O HE LE E 'S IMPROVEMENTS ON THE PREMISES, AND FOR NO OT U. OSE]. he ecurity interest may be in the form of a mortgage, deed of trust, as g e or other • p opriate instrument, provided A. the security inter ertains o l the essee s leasehold interest; B. the security lute est doe of pert 'n to o cr 'te any interest in City's title to the Premises; and. ~ C. the documents 2, If the assignment of a held by an established en " insurance company a d quali institution acquires t Les e other retuedy of the sec rec~ through settlement of or • -rsa the lending institution may a owned subsidiary corporation transferee assumes all of the c Lessee (including payment. of Page 7 0; 31 are acceptable to the City. ee 'ty intere to whit the City has consented ahall be or fin ncil}Y.insn tian, including a bank, an established d pens n ofit paring cruet, and the lending s terest t th' a 'e as a result of a foreclosut~ action or y, r throw h y tiansfer in }ieu of foreclosure, or o t o anyp di. a oz contemplated foreclosure action, c er `ts terest hi s Lease co a nominee or a wholly ~t th p ~or written consent of the City, provided, the ~ na is n conditions required to be performed by the sny o i s o ed by Lessee to the Cit}~ under the }ease). In LFu'~DS Lessee: 48 the event of such a transfer, the lending institution shall be relieved of any further liability under this Lessee. 3. A holder of a security interest in t 'ease consented to by the City shall have, and be subrogated ta, any and all rights o. t Lessee with respect to the curing of any default of this Lease by Lessee. , 4. If, before any default has occurr d in th" Lease, the holder of a security interest in this Lease consented Co by the City gives he Cit a written notice of the holder's post office address, the City shall thereafter A. by regular U.S. mail, send to e holder 1 same time as the City gives notice o defa ~It to the B. not accept any surrender a ent r rn any the prior written consent of the holder, hr •h h o withhold., r of each notice of default at the .,; and of this Lease without unreasonably delay or 5. The City will. enter into w lease o the remises with the holder of a security interest consented to by the Cit if t e City ter in 'es this Lease prior to its normal expiration due to a default by Che ess .The ne ~ Ie e shall be for the remainder of the term of this Lease and shall be effe ti of Che to i ttion of Chis Lease. The City's grant of the new lease shall be subje t lre ollowin co itions; A. The new lease B. The new lease stall be fir the Lease; C. By no later than th tw n ietH Lease, the security holder must b .it a together with payment of all rent, ditic under this Lease. ~~ is terminated; rent, and covenants as this wing the termination of this to the City for the new tease, per sums then due to the City D. The s urity , of -shall y Lli~ity, at the time of the execution and delivery of such new le se ' y n ^il sum d thereunder in addition to those which. would at the Cime of the e ec io an delive t areof be due under this Lease but for such termination, and in ad 'ti th re , any r 'onable expenses, including legal and attorneys' r"ees, to which the 'tv ha hue been subjected by reason. of such. default. LEASE OF AfRPORT LA2vDS Page 8 of 31 Lessee: 49 E. The seeutYty holder sha1,1, on or before the execuflon of the new lease, perform all the other obligations of the Lessee under this Lease to the extent the Lessee failed to perform them prior to the ternunation of this Lease. 6. A holder of a security interest c this Lease or entersinto a new lease w; obligations and liabilities of this Lease leasehold estate to an assignee who is i undertake to perform and observe the ~ City consents to the assignment. The t the security holder asserts that the Ci~9 proposed assignment, the disgnte sh l MAINTENANCE, ~e 'ed to by the City that takes possession of the 'ty shall. not be released from the then lease unless the holder assigns its ~nciat ~ ~ capable and otherwise qualified to bons f this Lease or the new lease and the y se twill not be unreasonably withheld. If tin has a withholding its consent to a AL & a. MAINTEI'vTANCE 1. At no cost to the City, the Premises clear., neat and I 2. At no cost to the City, the Le the Premises as may be necessary to and the Lessee's use of the Ptemisea will k ep`t\he Premises and all. improvements on as reas ab v determined by the CIYy. 3. The Lessee shall c ply ' h aT1 promulgated for the prom tion sa 'tat the Premises in a clean an ani ary co c prevent the pollution of water 4. The. Lessee agrees to Airport Manager regar i r Airport by the Lessee b. UTILITIES Unless specifically provided provide for all utilities at the LEASH OR AIRPORT LANDS Page 9 of 31 maintenance and services at ~mnliance with this Lease :e utations o ordinances of Che City that are an. At n ~ s to the City, the Lessee shall keep ~tion. nd on 'ol activities on the Premises to and direc[ians of the City's of the Airport, and the use of the ;ee shah, at no cost to the City, the Lessee's use of Che Premises. 50 Lessee: c. a. SNOW REMOVAL Airport Manager, the Lessee shall subs Manager for review. Upon approval. a Lessee shall conduct all snaw removal approved plan. 1. At no cast to the City, the Lessee is responsible for snow removal on the Premises, The Lessee shall dispose of sn to an off-Premises location approved in writing by the City or provide suitable sn~,v~torage within the boundaries of the Premises in accordance with all applicaU e feral and state laws. At the request of the 2. Lessee shaII not deposit sn maneuvering surface provided for approval of the Airport Manager, 3. Lessee agrees to not allow an cause interference with adjoining lea OPERATIONS ON THE employees, guests, contractors, sublessees, authorized under this Lease shall do so in a protection of public health and the ~ironr the Premises. b. LESSEE'S CONTROL I. The Lessee will City for the activities of the Le else acting by, an behalf of, or the Premises, /l~ 3. The Lessee malfunction or other public health or the e c. RADIO LNTERFF...ItENCE: device that interferes with any gov~ the cause of the interference is elfin removal plan for the Premises to the e's plan by the Airport Manager, the ,on the Premises in accordance with the apron, xi ay, safety area, or other aircraft- use by of ers without the prior written the tz'~n of snow n e Premises that would or o,'~er users ''he Airport. e 11 sure that the Lessee, its that ~ rf many activity or function ensure `safety of people, the ~fety an` integrity of the Airport and ands le sponsibility as between Lessee and see's pe s nnel and employees, and anyone .hprity o he Lessee on the Airport, including of any condition, problem, ~fety of people or the Airport, harm to eority of the Premises.. discontinue the use of any maohine or transmitter, receiver, or navigation aid until Page LO of 31 51 uty: hessee: d. WILDL'IFB: The Lessee acknowledges that a concantratian of birds or other wildlife on an airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep the Premises clean of fish slime, fish waste, or any other material. that might attract birds or ocher wildlife. The Lessee accepts full. responsibility t aintain Che Premises, control operations, and take all reasonable measures to prevent a concen ra? on of birds or other wildlife on the Premises. e. PARKING: The Lessee will provide a~ space on the Premises Eor Lessee's business or on the Airport as may be approved or designau ~usine a3idlor peration o'she Premises in laws an pe ~ `s. If hazardous substances are handled to have pr er ~ trained personnel and adequate n 'ng, and o er ise handling Haza,tdous Substances der ,state an ' l0 1 laws. I% a. HA7.ARDOUS SUBSTANCE 1. The Lessee will conduct it compliance with. all envirvnmenta on the Premises, the Lessee agr A, procedures for safely storing, di~ in accordance with all applicable 2. Lessee will pzomptly give relating to the presence of a Hazy operations on the Airport. Tj~Le proceedings. ~ ~ ENVIRONMENTAL If Contamination of the Premises or o~trte Lessee's operations on the Premises the any and all claims, judgments, damages, but not linuted to, sums paid i se eme: fees, which arise during or aP er the t indemnification of the City Les ~ e in with any investigation of site c nd ~io s wor.'k requia'ed by any federal, sta - Ic Substance being present in the soil r e affected by the Contamination. LEASE OF A Page 11 of 31 ~icle, equipment, and aircraft parking or confine parking to such other places ~g by Che Airport Manager. of pr ee ding to abate or settle matters on th `emises ar from Lessee's Pie City b participate in any such ~pt~ope?ty by a az rdous Substance occurs from. Che .e see till indem i' "~, defend, and hold harmless from nalties, ~ es, co~ s, habillties, or losses, including, t o cl s; a mey's fees, consultant fees, and expert of th' L ~ as esult of such Contaminativn. This nmited to, costs incurredtn comlection nu , remedsation, removal, yr restorative nt agency because of a Hazardous yr er the Premises or other properties Lessee: 52 c. e. REMEDIATION L. In the event of a Hazardous Subs ce spill on the Premises, the Lessee will immediately notify the City and the Alas a epartment of Envu•onmental Conversation and act, promptly, at its sole expense, to onta' the spill, repair, any damage, absorb and clean up the spifl area, and restore the P emises o a condition satisfactory to the City and otherwise comply with the applicable p rtions ~f any environmental law. 2. In addition to any notices required notify and copy Che City in writing of~ny A. any permit, enforce ent, c regulatory action instituted, omp ,~ Environmental Law. B, any claim made, or three nE from the Lessee's operations auth contribution, compensation, loss ar from any Hazardous Sus nces in, C. any report made y, ' on b agency arising out of ar i Conn ati removed from the Premises, in~lu asserted violations. ~~ 3. Remediation and state and federal. regulati authorities. EN'V1FtONMENTAL The Lessee will provide the City with a'N information gathered or analyzed as part characterization or audit on th P ises performed after the starting d to of Ch'sS information to the City withi 60 d s Lessee. ` the Lessee will. immediately ug, 1ie~e~oval or other governmental or or threw ne pursuant to an y y person d st the Lessee or arising d by lvs Lease, , lating to damage, wry 'suiting, from, or claimed to result or nder the Airport; or 1. f, e Lessee to any environmental wit an Hazardous Substances in, on, or any c m aims, notices, warnings, or oft ated area must meet all applicable st me t requ ements of all governing regulatory ~esti~' Cive dat t st results, reports ,and any other or in re ion to ' y Environmental Assessment, e o at Lessee performs or causes to be se. Th ssee ill submit the data, result, ,report or ~win_ t~ `which it becomes available w the Pa~,e 12 of 31 LANDS Lessee: 53 f. RELEASE OF LESSEE The City releases the 'Lessee from liability to the Hazardous Substances that existed prior to the a materially contributed to by the Lessee. , g. SLT VI~'AL OF OBLIGATIONS The obligations and- duties of tree City and Lessee cancellation, tetminatior. or expiration of threat for Contamination and the presence of ncement date o'F this lease unless caused or IX of this lease shaIl survive the a. i2tiDEN1NIFICATION 1. The Lessee will indemn agents, and employees from an a administrative actions, claims, a relief or penalties of any nature or property damage, personal injury. or any other injury or harm. result shall include sums paid in the or other costs and expenses, 'r~ account of this Lease as it rela Airport, or any act or omission contractors or sublessees. These by, the Lessee's oblig io ~ pr cattier termination o'f his Lea 2. The Lessee matter affeeung Che City wok any letter by an attorney on e notice or complaint by any ter to participate cooperatively in such matter, without reis`eving Page 13 of 31 any T LANDS defend the City, its officers, bilities, losses, suits, ents, fin s, demands, damages, injunctive full e en of the Loas or obligation for ttion of y gulation or grant agreement, ode ifi ~ lion of the City by the Lessee •. alt r .'fees, consultant fees, expert fees, t sing from, connected to or on ;, t ssee's activities at or relating to the orb a ,y of its officers, employees, agents, iigatio "are in addition to, and not limited ;and shall survive the expiration or t lice of any suit, claim, action or other . a ove, may apply, together with a copy of 1a .nt, any complaint filed in court, and any /~ Tie City shallhave the right, at its option; and settlement negotiations regarding, any any of its obligations under this provision. laq'I Lessee: 54 3. As to any amount paid to others for personal. injury ar property damage with. respect Co which an actor omission of the City is a legal cause; notwithstanding Paragraph 1 of this section, the Lessee and the City shall reimburse each other according to the principles of comparative fault. If 1' bility to a third party is subject to apportionment according to comparative a t under this provision, the Lessee and the City shall seek in good faith to achieve n n-ju icial agreement as to apportionment of fault as between themselves. This appo tionm C of liability between the City and the Lessee shall not be construed to Lease. of any person who is not a party to this b. INSURANCE: At no expense to the the Germ of this Lease, insurance of the type specific limits are set, they will. be the mini contains higher limits, tine Ciey will be enti l~ the time insurance is obtained by the Lessee. rated "A-" ar better by A.M. Best. The folio following minimum. amounts: L Commercial Ge 1 Li damage, products and complete op t contractual, with apex-occurrenc limi limit. If this lease authorizes the sr dispensing or storage of aviation fue handling activities. This policy must r Z. Commerci. combined single limit per non-owned motor vehicle i. Workers for all employees, coverage as ri other statutory obligations. The 4. The form of an insurance ~ premiums have been F All insurance required days prior to any term 5. If the Lessee's immediately, upon written. notice the Premises. The Lessee will not LEASE OF AIRPOhT i.ANIIS Page 14 cif 31 e will obtain and lZeep in force during re by this provision. Where - ' ff the Lessee's policy to t e e `tens of the higher limits. At shall b a company/corporaiion of insur ce , re required with the Premises, all operations, property al injury and death, broad-form. $1,000,000 combined single th saie or the comn~srcial st of xclude of the Lessee's fuel as a dditionaI insured. not less than $1,000,000 rust cover all owned, hired, and icc~~CebLessee wi.l1 provide and maintain, AS ..3. 0.045, and, where applicable, any wives `rogation against the City. v w proof of insurance coverage in the o' in r nce, together with proof that the s a d monetary limits of caverage secured. s r tde that the City bemotified at least 30 or erial change in the insurance coverage. age lapses or is canceled, Lessee will halt all operations on die Airport, including rations until the CSty receives evidence that City: Lessee: 55 the Lessee has obtained current insurance coverage meeting the requirements of this Lease. 6. The City ma}+; at intervals not less than five years from the. beginning date of the term of this Lease and upon w it n notice to I~ssee, revise the insurance requirements required under this Lease, ity' determination. to revise Che insurance requirements will be based on the risks elative o the. Lessee's operations, any insurance guidelines adopted by the Cit}+, and any Chang lin applicable Iaw. 7. If the Lessee subleases all o a=" p •tion of the Premises under the provisions of this Lease, the Lessee 1 require e blessee to provide to the insurance coverage required of the Lessee and r t 's Articl LA a. COMPLIANCE WITH LAW; and regulations of public authorities no~`~ Premises or the sidewalks, alleys, stree ar shuctures, fixtures and improvements or~th~ ordinances, and regulations which may be part of the governmental body enacting the harmless: (I) Prom the regulations; and (2) Prorn all claims for resulting from such violation. b. UNLAWFUL ACTIVITY: The 1 business, or Crade to be condo to n the including zoning ordinanees,~ules an re c. LICENSES A_ND PERK; pay all. taxes and special assessn and charges assessed under appl challenging any taxes or special d, LITIGATION: The KMC, inc the State of Alaska will govern in any LEASE OF A Page 15 of 31 sh comp~+ with all applicable laws, ordinances, ;reafte n y manner affecting the Airport, the ways adj ce to the Premises, or any buildings, thereof, he er or not any such laws, nKa r enacte in lve a change of policy on the •r~ ssee agr ^s hold City financially laws, ordinances, and/or 56 death, or property damage ~+iiit any unlawful use, occupation, to any taw, ordinance, or regulation, jiI . btain all necessary licenses and permits, ~d on Che Premises, and pay other fees g i t is Lease prevents the Lessee from appropriate authority. s promulgated thereunder, and the Laws of the Lessee and City. If a dispute ury: Lessee: continues after exhaustion of administration remedies, any Lawsuit trust be brought in the courts of the State of Alaska, in Kenai, Alaska, e. LESSEE TO fAY TAXES: Lessee shall a during the term of this Lease may became a lien p~ Borough, City, or any other tax levying body, u on may have in ar to the Premises or improvement on occupancy or the terms of this Lease provided, aw prevent Lessee from contesting aay increase in ta; ordinance, or regulation. f. PARTIAL INVALIDITY: If any ter , declared by a court of competent jurisdictio to terms, provisions, conditions, or parts shall con declaration had not been made. a. CANCELLATIQN: The City Lease and recover possession of the F violation is cured within the 30 days: I. The Lessee fails to pay when sums specified in this Lease~cludi. 2. The Lessee's insufficient funds. 3. The Lessee uses or authorized by this Lease. 4. The Lessee 5. The court 6. A trustee or recei by or against the Lessee, 7. Failure by the Lessee to improvement constt~uctron requ 'Page 16 of 3 i all lawful taxes and assessments which, or which may be levied by the State, taxable possessory right which Lessee ~ #Premises by reason. of its use or + °r, that nothing in this provision shall ~r sessment under any applicable law, lion, n tion, or part of this Lease is valid a n nstitutional, the remaining in full for d effect as though the 30 da itten notice to the Lessee, cancel this my of th fo owinn violations occur, unless the al rents, charges, or other under this Lease. of acv sum.,dudunder this Lease is returned for use of ds~e I~enuses for any purpose not with any provision in this Lease. of in~ol~enc~t ~ainst the Lessee. LANDS 57 e ssee's assets in a proceeding brought a v 1 ~ntary petition in bankruptcy. any land development or permanent Lity: Lessee: b. ENTRY AND RE-ENTRY: Tn the event that the Lease should be terminated in accordance with this Article XIT, or by summary proceedings or otherwise, or upon the Lessee's abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or representatives may, immediately or any time the:°after, re-enter, and resume possession of the Premises or portion thereof, and remove all pets ns ~ nd property therefrom, without being liable for any damages therefore. No re-entry by the ty s II be deemed an acceptance of a su~sender of the Lease. i` c. CONTINUING OBLIGATIONS ITN' continue to pay City rent after the expiration, abide by the lease obligations, including pro Lessee relinquishes possession of and com~ Premises completely vacated if the Lessee a 1. Remediated any responsible; d. e. 'RED ES VACATED: The Lessee will n, r cancellation of this [ease and to pt`oo f surance coverage, through. the date vacates e ~emises. City will consider the the Lessee is [2. REMOVED OR OTHERWISE DIS`~O PERMANENT OR REMOVA IMPROy WHICH THIS LEASE ALLO S BE REIv REMOVED]; and 2. Restored the 'Premises to a ne t d City. REASONABLE CURE L In the case of a vie of canceliatian issued by i 30-day notice period, the violation. The City will c days and what constitutes 2. In the case w! an imminent threattc du-ect the Lessee to s violation, or the City RIGFIT OF CITY TO I. If, after 30 days followi~ required by this Lease, the City OF ANY LESSEE-OWNED TTS AND PERSONAL PROPERTY 3D OR TIIE CITY DIRECTS TO BE acceptable to the by cured within 30 days, a notice '.his Article is stayed if, within the expeditious action to cure the t be reasonably cured within 30 s so de =t 'na ' n, Lessee°s violation is considered ublic ea a ~ s fety, or the environment, C[t}~ will t imme ~at -~~YY and may reduce the period to cure the the iolati pl~i-suant to (dj of this Article. LEASE OF AIRPORT LANDS Fags 17 oP 31 fails or refuses to perform any action but not the obligation, to perform any u~ty: Lessee. 58 or all such actions required by this Lease at the sole expense of the Lessee. The City will not take action if the Lessee begins anal continues expeditious action to perform any action required by this Lease that cannot be reasonably completed within 30 days. The City will, at its sole discretion, determine hat constitutes expeditious action and if an action cannot be reasonably performed in 3 days. The City will submit to the Lessee an invoice for the expenses incurred by the ity r the performance by the City of any required action. The Lessee will pa}+ the amou +of each invoice within 30 days from issuance. 2. If Lessee fails or refuses to perform P ac 'on thaC has been deemed an imminent threat the Cixy will have the right, bu of thexob ' <*at~ n, to perform any or all such actions required to expeditiously co eet he immin nt rent. Lessee shall reimburse the City for any cost, including legal fe s and dministra 've osts reasonably incurred by the City in acting to correct ehe immin t thr t violation. f. WAflTER: A waiver by the City of an da~t~it the Less~~any provision of this Lease will not operate as a waiver or'any subseq n defy it. If the waivee adefault, the City is not required to provide notice to the Lessee 'a rest e or revive any term or condition under this Lease. The waiver by the Ci y f any pro 'sio in this Lease cannoC be enforced or relied upon unless the waiver is in writ g a signed o b elf of the City. The City's failure to insist upon the strict performance by the sse of any p vi ' on in this Lease is not a waiver or relinquishment for the future, and the prov'sio~N'11 contin it full. force. g. AIRPORT CLOSURE: l . If the City closes th ai rC to air at~opera ' ns for sixty (GO) days or less, this Lease will. remain in fu12 f rce and ffect wr out ac~jus ent 2. if the City closes Yh 4i o to ° ircraft e tio~rs for more than sixty (60) days, but not permanently, and this ea ° s f aviatio o h-ect aviation support uses, the Lessee rnay, upon written notic o e C V, either ` 'nate the Lease or retain the Lease. and receive a fifty (50%) percent r nt reduc ' n ar c . dit for that portion of the closure that exceeds sixty (60) da 3. If the City pe ane c ses th Ar o [ aircraft operations and (i) this Lease is fo • av ti o direct via ion support uses, the Lessee may terminate this agreement b w .ten o ' ce to t r ity; or (ii) this Lease is for non- vi io u s, the Lessee may request in writing to have the Lease terminated, The City w"1 c n ide. the Lessee's request in light of the City's hest interest and either terminate the ease, o deny the Lessee's request in writing. LEASE OF' AIRPORT LANDS Page 18 oP 31 City: Lessee: 59 h. DISASTERS The Lessee or City may cancel this lease upon I. the Premises becomes unusab]e under this lease becomes impossible; a 2, the Airport becomes unusable performance under this lease becomes If the Lessee elects in writing that it wilt co tin the Airport has become unusable, the Lease 's City shall be under no obligation to contin~e. to Causes far termination of the lease under this enemy, and the United States. notice to the other party if xig no fault of either party and perfortnance gh ~a :cult of either party and the a e. to opera a' er notice from City to Lessee that igations u er he Lease will continue, but i. NATIONAL EMERGENCY: I~ e federal. neither party may hold the other liable r a mabi result of the national emergency. }. SURRENDER ON TERMIIv~ATIO1t ce as Lessee shall, on the last day of the term of thi e thereof) or upon any earlier Cermin '' n of this a'e, su the possession and use of City wit out ~ ud or d a n for reasonable wear and tear sinc the last ecessa reI free andclear of all lettings and o cupa, es mess e" t and free and clear of all liens and e u " br c s other City a. USE OF THE AIRP facilities without the waiten e c use of areas designated by the Ct automobile parlang areas, and stn b. COSTS AND E~PEN5ES: Co? limited to recording costs, shall be paid LEASL- OF A Yatze 1.9 of 3I God, the public declares a nafionai emergency, m any part of this Lease as a otherwise in this Article 3~II, y extension or renewal nd deliver up the premises into er, condition, and repair, except cement, restoration or renewal, miffed by the City in waling, created by and for loans to as pr td h~r~n, any regular: use of Airaort lands or ,City is ro ibited. This prohibition shall not apply to c~ ed pub 'c ,es, such as passenger terminals, 6® incident to this tease, including bnt not Lessee: c. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good order at the Lessee's own. expense, allowing no damage, waste, nor destruction thereof, nor removing anymaterial therefrom, without written permission of the CiCy. At the expiration of the Cerm fixed, or any earlier termination of CheL.~se, the Lessee will peaceably a~sdquietly quit and sun-ender the premises to the City, d. CONSTRUCTION APPRO~%AL ANll Premises b}r the Lessee must be compatible wi authorized under this Lease, as determined by written approval before placing till material, h demolishing any improvements on the Premi modifications, or renovation of existing stw n the City detailed drawings of the proposed ev together with specifications or any other in orr Lessee will submit to City evidence of the Administration regulation 14 CFR Part ?7. IA~ BARDS: Any building construction on the its su ` oundings and consistent with the uses Cit . he Lessee must. obtain the City's 'n i an land development, or constructing or an the re eginning any alterations, s on the e es. The Lessee must submit to ment, alt ati , modifieaCion, or renovation, on the City as ably requires. Further, the a's compliance 'th ederal Aviation e. LEASE SUBORDINATE TO agrees that City map modify this Lea or to conform to the requirements of ; shall not act to reduce the tights or pt the I,easee financial loss. f. RIGJ=IT TO ENJOYMENT` AND revs covenants that the Lessee; upon pa ' R rent an f conditions of this Lease, shall hav the 'aht to qu' enjoy the Premises, except that th followt shall or peaceable possession: ~ 1. Any inconvenience 2. Any other entries by the. provisions of this Leas g. NO PARTNERSHIP R J N'l~ the City shall not be construed r I o the Lessee's activities or busines on he Lessee is, and shall at all times re in, h. DISCRIMINATION: The Less~~ religion, national origin, ancestry, age, o~ employment, or ocher person or group of Page 20 of 31. on the ;EQUIREMENTS: Lessee tints for Federal. or State grants. However, the modification by this Lease, nor act to cause POSSL`ION: City hereby agrees and mr ~ other`covenants, terms, and and acefully hold, use, occupy, and con~tru as a denial of the right of quiet in or about the Premises; and. or authorized under other ED: It is expressly understood that venture of Lessee in the conduct of .unship between the City and the d and tenant, respectively. t scriminate on the grounds of race, color, in any patron., employee; applicant for in • v manner prohibited by federal or state 61 Lessee: law. The Lessee recognizes the right of the City to take any action necessary to enforce this provision, including actions required pursuant to any federal or state law, i. AFFIRMATIVE ACTION: If required b, i~ undertake an affirmative action program. to insur t participating in any employment activities offer d b; color, national origin, or sex. No person. may b exc or receiving the services or benefits of any pro ram further agrees that it will. require its suborganiza 'on. effect that they will also undertake affirmative ach suborganizaeian(s) as required by 14 CFR, P~ 152, Tenant shall use the premises in coy pursuant to title 49, cods of Federal Reguh 21, Nondiscrimination in Federally-Assiste Effectuation of Title VI of th,e Civil. Rights j. INTEGRATION. MERGER, A conditions, and agreements of the parti~ agreements regarding the Premises whE this Lease is effective. unless in writing k, RIGHT TO ADOPT RULES: City r se reasonable rules and regulations governing th not be. liable fo Lessee for any dimi ton ar de under this Lease, on account of Ch exet se of Furtlletmare, the Lessee shall. not e entitl to leasehold estate created under thi reserved under this provision, unle t occupancy of the Premises as Co cons operation of law under the laws of Che to fne states. 1. LESSEE'S OBLIGA ON T PREY: permit any liens including, b f not tt to; obtainable or available under t ° t n is m, improvements on the Premtses f ~ at 1 or been furnished to Lessee or to the ss`s~ work of any character performed or c it improvements by or at the direction or have Che right to provide a bond as eonte amount of any such lien or claimed lien. Page 21 of 31 LANDS CFR Part 152, subpart E, the Lessee will C no person will be excluded from e Lessee on ehe grounds of race, creed, u ;ed on these grounds Prom participating in r tivity covered by subpart. E. The Lessee assurance to the City to the same and require assurances from their with all the requirements imposed by of )T, Subtitl A, ffice of the Secretary, Part n of fne De ent of Transportation- ) 4, nd as the e ,lotion may be amended. This Lease sets out all the terms, previous understandings or 1o modii'ication or amenament of or on beh~lf2yf the City and the Lessee. right a pt, amend, and enforce ncludi ~ e Premises. The City shall ~f posse sion, or of Lessee's rights s au arity reserved under this provision. to tt e o/~tole or any portion of the he 'x r `se of the City's authority f s interferes with Lessee`s use and t, n hole or in part, of this Lease by nd f .'he United States made applicable ZOVE LIENS: Lessee will not corers', or materialmen's Iiens against the Premises or aI mnished to Lessee or claimed to have m r,i, tars, or sublessees, in connection with been performed on the Premises or Lessee. Provided, however, the Lessee shall Alaska law and contest the validity or ~l determination of the lien or claim. for lien, cny: Lessee: 62 the Lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such. lien released orjudgment satisfied at Lessee's own expense. m. CONDEMNATION; In the event the Pre 'ses or any part thereof shall be condemned and taken for a public or aquasi-public use, Chen p n payment of any award or compensation arising Prom the condemnation or taking, the Gi an he Lessee shalt make a good faith effort to agree upon I. the division of the proceeds; Z. Che abatement in rent payable durin to or any extension of the term of this Lease; and 3. other adjustments as the parti s ay agree o as being,just and equitable under tdl the circumstances. If, within thirty (30) days after the award hays unable to agree upon what division, abateme equitable, Che dispute shall be determined by o. SUCCESSORS IN llVTEREST benefit of the respective successors one limitations on assignment as are provi~ Lease all e binding upon and shall inure to the rs of the rt1 s hereto, subject to such specific into Cau t City and Lessee are ~d other a ,'ust , ents as are just and p. NOTICES; 1. Any notices regi personally ormailed by notice this citing and must be delivered prepaid envelope. A mailed A. must be addr~ page of this Lease or Provision (p); and B. shall branch post 2. The City or theY.~es they will. receive notices prior to the effective date c according to the procedure at the address written on the first tted in accordance with (2) of this it is deposited in a U.S. general or t e trine, designate a new address at which of r ~rty with written notice at least 15 days Ana ess change notice must be delivered ~f this Provision (p). LEASE OF AIRPORT LANIaS f u~y: Page 22 of 31 Lessee: 63 q. RETENTION OF RENTAL: In the event the. City terminates this Lease because of any breach by the Lessee, the City shah retain any unused balance of the rental payment last made by the Lessee City as partial or total liquidated damages for the breach. r. FIRE PROTECTION: The Lessee wine take all necessary action to suppress destructive r t regulations, and rules promulgated and enforce by s. PERSONAL USE OF MATERIALS: 1V~in or in any deposit of stone or gravel va)uable far ex Premises or in the lights granted by this leas . The Premises for use elsewhere any timber, stone valuable for building or commercial purpos s. t. APPROVAL OF OTHER AU'FH0R'1 not relieve the Lessee of the responsibility to federal, state, or local law. u. EXECUTION BY THE PARTIES; This Lessee, or a duly authorized representafyve City. \ v. CAPTION'S: The captions of the pr vi do not necessarily define, limit, describe, or c w. RIGI3'pS OF CONSTRIIC IO :This availab}e for private use, while at 11 possible. Following the rule that ~ a construed in favor of the public pro Lease will 'be strctly construed, and interest will be liberally construed. x. LE5SEB ACKNOWL D~ this Lease and fully understa ds its opportunity of advice by sep .ate h acknowledges and agrees That 'era against the drafter will not apply y. APPROVAL BY LESSOR: _ ny be unreasonably withheld. The Lessor responsibility or liability Co comply with L)/ASE OR P Page 23 vf' 31 reasonable precautions to prevent, and mtrolled fires and comply with all laws, l~City for fire protection on the Airport. in coal, oil, gas or any other mineral, r unhzation is included in the e all not sell or remove from the Dios ,topsoil or any other material of 's 'lease by the City does or er. Git as may be required by na effect unless signed by the ~ authorized repr:eeentative of the. this L se. • re for convenience only and ~ conten ~ ~ f any provision. isevis inte ded to make public property o the p bl~i interest to the greatest extent st 'n p 1 ~:operty are to be strictly all r h granted to the Lessee under this e Cit n the prateetions of the public 64 acknowledges Chat the Lessee has read ~as been fully advised or has had the arily executes this Lease. Lessee also r er whicY; a document is construed iced of the Lessor by this Lease will not not waive the Lessee's legal federal and state Laws and regulations. Lessee: SURVEX, IMPRC)\~EMIGNTS a. SURVEY: The Lessee is solely respon~it the physical. location of the baunda~es of the P thereon, including clearing grubbing, back-filling the Premises shall be performed by a Land S •ve, Lessee shall furnish Che City with a copy of he 1 or on behalf of, the Lessee. b. IMPROVEMENTS. I. REQUIRED LYIPROVE complete ]and development and an [AGGREGATE COST] a ats (EXCLUDING FINANCING C this Lease, the Lessee must submit completed the land development an aggregate cost ar investment of not The evidence of cost must completion of the development an A. Costs consid~ include building constructton, equipment, soil testing, envirc directly related to the construe including excavation, eo t. pavoment, ramediatio of env Materially Contribut To t~, C(ir)l ~ work and [(iii)] ii) work B. The cost o Pei j(i) FLNAN L LEASE OF AIRPORT Page 24 of 31 13E}ND a its sole expense, to confirm or establish ses for to beginning any construction e nv onmental sampling. Any survey of -`reg ¢te~ din the State of Alaska The of any ur y performed on the Premises by, `no ct to the C, Lessee agrees to of P manent Improvements including later with ~ t>1 he as-built drawings required by Bence that the Lessee has ve`azents on the Premises with an 'ity '.thin sixty (60} days of the by aIo er than the egg eg e cost of permanent improvements or, mat i ,materials shipping, permits, ~ ' eline rep ~ and environmental assessment use nd as- " ilt surveys; site preparation, ~ading, fill materiah gravel, and I c n in Lion (unless Lessee caused or iano l: utility connection costs. excludes the City and not reimbursed by the Lessee; Lessee and reimbursed by the City. 65 City: Lessee: 3. FAILURE TO COtYIPLETE IMPROVBMENTS: If the Lessee fails to complete the required construction within the time allowed under (b}{1} of this Article, including any extensions granted, the City will execute against and the. Lessee wiII forfeit, any bond or other guarantee given by the Lessee anus applicable, City will A. initiate cancellation of Yhe/leas~,or $. reduce the term of the of the required constrnction ti 3. APPEARANCE: When c neat, presentable, and compatible Zease, as determined by the City. 4. CPI'I' APPROVAL REQUIR approval before beginning any land de improvements on the Premises, or befo renovatior, of existing structures on the detailed drawings of the propos eve Further, the Lessee will submit o Cz'v FAA ,regulation l4 CFR Part 77. 5. CITE' APPROVAL WI"I`HH~I alteration, modification, or renovation A. the Lessee fails o d.e1n project; B, the projecC pla , sp C. the proposed pro' ct regulation, or law; D. the proposed project security, maintenance, or operatic E, the propose pr 'eetis F. the propos d praje is ordinances, or the Ci is C pr~' G. the project p ns o 0 vehic}e, and equipment p :ki a H. the proposed pr 'eet principles or applicable fire n bu 6. DEMOLITION: Prior to Lessee wil] deliver to City.a wrztten LEASE OF ALRPORT LANDS Page 25 of 3: the to that is consistent with the portion or ants on the Premises must be of the Premiss under flris e mu t f t obtain the City's written instruct. n r demolition of any any alter ns, modifications, or he Lessee must submit to Che City ration, modification, or renovation. die Lessee's compliance with the City's~np~val of any construction, resources to complete the ag u~"pprovals are incomplete; in ~ v lau"on of. an applicable ordinance, is incompatible with the safety, the Airport Master Plan; the terms of the Zease, zoning for drainage, aircraft, snow 66 ?e; or to genera))y recognized engineering of any structureCs} on the Premises, rk that, at a minimum. lists the Cizv: Lessee: structure(s) that are to be demolished and the timeframe for demolition and removal of the debris from the Airport. City will review Lessee's scope for demolition and issue Lessee writte~a approval for the work to be done. 7. BUILDII~IG SETBACK: No bull in or other permanent structure may be constructed or placed within twenty (20) eet any boundary Iine of the Premises without City's prior written approval. I additi .'n, no bui]ding ar other permanent structure maybe constructed or placed ithin ~ feet of any banndaty 1sne of the Premises which fro s on a ~ nding strip, taxiway, or apron. $. AS-BUILT DRAWINGS: W ` n si~~y 0) ays after completion of constwctian or placement of improv m is upon t miser, the Lessee will deliver to the City a copy of an as-built drawl g, a cc, ptable to e ity, showing the location and dimensions of Che improvements, g ving "stances Yo al Pr nines' boundaries. If tha Lessee constructs underground lm,pr ue '' nts he Lessee wi appropriately mark the surface of the land with adequate surfa ~1r e ~. The typ q antiry, and distance between such markers will be subject to pr val the City. n 9. AIRPORT SECURITY LING: an construction by the Lessee requires a realignment or alteration of an isti ~ security en eon the Premises or boundary of the Premises, the Lessee agrees to re ign alter the en in a manner approved in writing by the Airport Manager. Anytime e en •e must b br ched to allow the Lessee to complete improvement construction. r . c odific 'o ,the Lessee shall, at the Lessee's sole expense place temporar a 'ors o moist ' the security o'f the Airport, as determined by the Airport ager. If ao o ~urs to a security fence on the Premises or boundary of the Premise in c section wr the ssee's use or occupation of the Premises, the Lessee shall romptl_ repair t e fenc to e satisfaction of the Airport b Manager, 10. DAMAGE TO IMPRtq; are damaged or destroyed, Less and restored to normal function If the Lessee fails to ti. ie eb~ discretion, either redu ~e the t of the Lessee's remaini a, full~fu - tip Lease. ~ ~ 1 S: If L,. se es improvements on the Premises ca se the r r vements to be repaired or rebuilt, two `' years ollowing tha damage or destruction. e e t improvements, the City may, at its sole c Tack co ensurate with the estimated value of son the Premises, or cancel this 11. DAMAGE I~rEAR ~ extant that more than 50% of years of the expiration of the improvements, restore the Pr LEASE OF P Page 26 of 31 If ee's improvements are damaged to the nusab e and the damage occurs within five Care, Lessee may remove the damaged r~,inate this Lease. City: LeBSee: 67 d, PERFORMANCE BOND (Optianall: Prior to beginning the construction of permanent improvements required under (b)(1} of this Article, the Lessee shall submit to the City a performance bond, deposit, or other security in the amount of $ .The form. of the bond or other security shall be subject to the Cplty's approval. [E. DISPOSITION OF IMPROVEMENTS EXPIRATION OF THE TERM OF THIS LEA TIdEREOF) OR ANY EARLIER TERMINAT7 IMPROVEMENTS, AND BUILDING EQUIP'. CITY WITHOUT REQUIREMENT OF ANY HOWEVER, IF CITY SHOULD REQUEST . HEREOF, LESSEE SHALL PROMPTLY ' TI-TE DOCUMENT TO THE CITY ANTD P Y ASSERTED OR IMPOSED ON THE CO VE PROVIDED HOWEVER, THAT LESSEE FROM THE PREMISES AT THE LESSEE'S IMPROVEMENT OR BUILDING WRITING TO THE LESSEE L HAS EXCEEDED ITS USE F't 2. TS DAMAGED BEYOND R S 3. IS A HINDRANCE TO THE 4. IS OF NEGLIGIBLE VALUE.] TERMINATION: LiPON THE NY RBNEWAL OR EXTENSLON ,E TO THE BUILDINGS, OTHER TALL AUTOMATICALLY VEST IN NVEYANCE, OR BILL OF SALE. `~~~~~ CUMENT IN CONFIRMATION C)Ii. WLEDGE, AND DELIVER ARSE, TAX. AND FEE LAWFULLY VID N D BY THE DOCUMEI~TT. Alhi T L TO, AI~TD REMOVE PENSE, . ,BUILDING, OTHER ~4`F~' CIT AS DETERMINED W USE OI~TI~ PREMISES; O,R #'. NOTTCE OF CONSTRUC days prior to commencing any ca The Lessee agrees to assist in the the natiee an the Premises during ee agrees to notify the City in writing three valued in excess of $500.00 on the Premises. of non-responsibility and maintenance of s~e agrees that in the event fhe Lessee fails to LEASE OF AIRPOP~T LANDS Ciey: Paee 27 of 31 Lessee: f8 notify the City as required by this Provision (f), the Lessee shall indemnify the City against any materialmen's Iiens as defined in AS 34.35.050 which arise as a result of construction on the premises. ARTICLE SPECIAL. i. City Constructed Improvements. ALTERNATIVE ONE -The Ci.tp commits signed. (a) As part of the exchange City's expense, cause the f~ connection with the Premis (i) (ii) (b) The City's total cost (c} The Lessee shall reimburse improvements. The - 'mburse payments; plus into est a ighi Lessee may pay th entire r (d) After eompletin e~m ro ; notice of the City°s tot I c t o~f which the Lessee's raim rs mer earlier than 60 days after t date reimbursement pa ent for • chZ later than the • nivers v of da (e) Pailure by through (d) of City. ALTERNATIVE TWO - LEASE OF AIRPORT Page 28 of 31 be 69 inzpr-ovements after the lease is lease, the City will, at the ~ be constructed on oz in 's shall not exceed the {_"`! s cost of constructing the made m ten (i0) equal annual ~) er year on the unpaid balance. The :~ to he City earlier than. due. be City will give the Lessee written x g e improvements and the date on ren aIl begin, which date shall be no City ,'notice. The Lessee's annual ing year shall be made to the City by no ch , e r"ust payment was due. the City as required under (b) for termination of this lease by the improvemenzs before the lease is signed. Lessee: r (a) The Lessee acknowledges that prior to the execution of this Idase, the City constructed the following improvements on or in connection with the Premises: (r~ (Il} (b) The City's total cost to (c) As part of the consideration of t i , ras., for the Citv's cost of construe ' e the ~m o made in ten ('10) equal amru~pa ~ments, p1 year on the wlpaid balance. he ssee may the City earlier than due, (d) The Lessee shah make the 'sf h than the first anniversary of the le s; this Lease. The Lessee's annual rei year shall be made to th ty by no the first payment was d (e) Failure by the Lessee to i l~ (d) of this provision shall bed; IN WITNESS WHEREOF year stated in the individual. acknq ~\ Page 29 of 31 LANDS was the Lessee shalt reimburse the City v ents. The reimbursement shall be i Brest at eight percent (8%} per ay e entire remaining balance Co lent p v nt to the City by no later inning e given in Ar•tiele III of at payment for each succeeding the anniversary o1 date on which as required under (c} and of this Lease by the City. set their hands, the day and Koch City: Lessee: 70 (If Lessee is a Corporation} ATTEST: Name Title STATE OF ALASKA ) } SS, THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this Title: being personally known to me or Navin p~ appeared before me and acknowledged instrument on behal€ of said eorporatio . STATE OF ALASKA ~\ THIRD 7U77ICIAL DISTRICT ) THIS IS Td CERTIFY i Manager of the City of Ken satisfactory evidence of ide authorized execution of the Name: evidence of identificafron, rized execution of the foregoing _, 200_, Rick R. Koch, City iwn to me or having produced and acknowledged the voluntary and of said City. for Alaska on Expires: Page 30 0:31 71 C,rtv: Lessee: Approved as to lease form by City Approved by Finance Director: Lease approved h}~ Council oa Carol Yeas, City Clerk Page 31 oT 31 72 SUBSTITUTE Suggested by: Administration CITY OF KENAI RE50LLJTION NO. 2007-06 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE LEASE FORM FOR LEASES OF AIRPORT RESERVE PROPERTP WHEREAS, the Kenai Municipal Airport is the owner and lessor of a significant amount of property within the City of Kenai; and, WHEREAS, the City of Kenai has undergone as supplemental planning assessment uz order to update airport operations including: planning, finances, accounting, management and leasing; and, WHEREAS, as part of the supplement planning process the Airport Reserve was created; and, WHEREAS, the procedures far the leasing of airport reserve lands is contained in KMC 21.1Q; and, WHEREAS, KMC 21.10.150(a)(3) states the airport reserve lease form should be approved by the city council by resolution. NOW, THEREFORE, BE I'I` RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the airport reserve lease form as shown on Attachment A is hereby approved by the City Councll. PASSED BY THE COUNCIL OF THE CITY OF KENAI, AI 9SKA, this second day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 73 KENAI MIiNICIPAL AIRPORT LEAST; OF AIRPORT RESERVE LAN17S THIS LEASE AGREEMENT entered and between the CITY OF KENAI, ("City"} 2 and individually, ("Lessee") For the purposes of Phis Lease the foltowin~iterrrl~s ale 1. Airport -the Kenai Municipal Airpd laces, water taxiways; and all City-owned re Reserve as defined in KMC 21.05,010-020. 2. Airport Manager -the official t hom the authority and responsibility of manag a< dia•ec1 Manager" includes that person's authori ed r rese 3. City -the City of Kenai, Alasla, a 4. City Manager -the official t who responsibility os managing and dirgctin e 5. Contamination -the 6. Environmental Law -any app 'cal fe era1, s ordinance; code, permit, order, decisio ju ~m'nt of environmental matters, including littering, and du is 7. FAA -the 8. Hazardous Substance -~i~ hazardous waste, Hazardous Sub petroleum, petroleum product, or __ day of , 200. , by Avenue, Kenai, Alaska 99611-7794, ;ss is F ed s follows: alI the ays, taxiways, aprons, water rted wit n e boundaries of the Airport r r anager of the City has delegated the ~ `activities of the Airport. "Airport ~e. iic a orporation of Alaska. ity Co rl has delegated the t ~ City.' r ea d Hazardous Substance. e, r local statute, law, regulation, y~g vermnental entity relating to under an Environmental Law as toxic; pollutant, contaminant, 9. KMC -the abbreviation for the e ai~lvIipal.Code. 10. Permanent Improvement - a fixed a di n o • change to ]and Shat is not temporary or l ATTACI-IMENT A LEASE OF AIRY6RT LANDS City. _ Page I of 3l Lessee: __ 74 portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank, and well. A. PRER4ISES: In consideration of Lesse~: the covenants of this Lease, the City leases to the following described property ("Premises"} in District, State of Alaska and located on the Akrpc B. NO WARRANTS': Except as may e prn warranties, expressed. or implied, concenti g the soils, wetlands, access, and suitability or pr ttab this Lease, its environmental condition, or th ri an, and under the surfaae. The Lessee takes the warranty, subject to any and all of the covenants, to the Premises. (\ A. AUTHORIZED USES 1. USE OF PREMISE following purposes on 2. CONTL"~tJOLS O ~I the Lessee will. operab uninterrupted by any I days within any 12-m. the City writte no ~ e more than 10 nsecu' and the date o which not apply to an. e as a result of an a . o Airport oi: loss of th disaster or order of pu City on 'ent of the rents and performance of all c'' e, and. the Lessee leases from dze Cits~, :ei i Recording District, Third Judicial it. d in is ease, the Cit}~ makes no specific ition o' th Premises including, survey, for any u e i eluding those authorized by or absen o Flazardaus Substances in, ison an "a is'~basis and without is, d conditio ~afFeciing the City's. title to use the Premises for the ATTACHMENT P. LEASB t7F AIRPORT LANDS Page 2 of 3 k. 75 ~~~ approves otherwise in writing, emrses an a continuous basis, e consecutive days or 30 aggregate t 'this lease. The Lessee will give ss "ee's business on the Premises for ;must state the reason for the closure ~n for business. This provision does ssee is unable to operate its business or as a result of a closure of the t the Premises due to fire or natural City: Lessee: B RIGHTS RESERVED TO THE CITY. RIGHT TO GRANT TO OTHERS: `I"he City reserves the right co grant to others any rights axzd privileges not sped ally granted tc the Lessee on an exclusive basis. The rights and. privileges g t to ilte Lessee in this Lease are the only sights and privileges granted to tl e Les e by this Lease. C 2. EASEMENTS: The City resew s the r Rht to make grants to third parties or reserve to the City easements or rt hts o 'ay through, on, or above the Premises. The City will. not grant or rese e an :e e ent or right of way that unrcasonabty interferes with the Lessee's a torized us a the Premises. 3. INGRESS, EGRESS AND to and egress from the Prams es including buildings, for the pu time. Except in the casa of an e testing will be coordinated with Lessee's authorized uses/r~f the 4. RIGHT OP FLIGHT: Tl re assigns, for tha use and bet f aircraft in the airspace abov flight will include the right to operation of any airc ft used landing at, taking of fro , of ZION: e~ sty reserves the right of ingress the right to nt r any part of the Premises, o~f~tts~etion r ., vironmental testing at any ~~i~ie~~ all inspe io sand environmental sseP o minims interference with the red to the City, its successors and .fight of flight for the passage of e ~emises. This public rght of ~s~j ,ac any noise inherent in the or 1' ` 't through the airspace or PROHIBITED USES Unless specif cally authorized by prohibited: L Any use of the ?. Any use of regulation. is this Lease, the fo}lowing are in this Lease. s. The outside storage`e operational support e solid waste ox debris KMC 14.20. a CitS~ Ordinance or an Airport o ju ,salvage aircraft or vehicle parts, non- ed rdatnaged equipment or material, or pursuant to a conditional use permit under ATTACHMENT A LEASE OF AIRPORT LANDS City: .Paee 3 of 3I . Lessee: 76 4. The disposal on the Premises or the Airport of waste materials generated by the Lessee, including any Hazardous Substance, slash, overburden, and construction waste. 5. The stripping, wasting, or removi g y natural material from the Prerises without the prior written approv of th City. 6. Erecting structures or allowing -awth '' natural objects that would constitute an obstruction to air navigation, or w' g y activity on the Premises that would interfere with or be a hazard t tkte 1t o ircraft, or interfere with air navigation or communication f ilities, s vi o Che Airport. 7. Anv use or activity that is pr hibit~ d by appli b law or regulation. TERM & A. TERM: The term of this Lease i or _ to the _day of , 000_. B. HOLDOVER: If the Lessee holds the expiration, cancellation or termination o. extension of the term of this Lease, but only rent payments accepted by the City, he Les will continue during the month-to- on ter Lessee`s holdover with ten (10} d s' ad n A. RENT: The rent foz the Prer City pursuant KMC 21.10.100 an '; applicable sales tax. The rent hall 1 the term of this Lease. All p omen annual rent exceeds $2,400, th Lea rent in equat monthly instalhnen , term o'f this Lease and thereafter at from annual. to monthly shall result had the conversion not taken place. ATTACHMENTA LEASE OF AIRPORT LANDS Page 4 oP 31 CLE the - day of , 20(7 t possession of the Premises after ho ing over will not operate as an nth tenancy, regardless of any fo • ' rformance under this Lease or Lessee may terminate the ' per year, as established by the to dju Went "der Article V of this Lease, plus a lly ~ advance of the first day of each. year of [ 's e must be made in U.S. dollars. If the ,tpo w 'tt atice to the City, choose to pay the adv ce nor before the anniversary date of the '~ervals. ' conversion o'Pthe payment schedule v t`eceivin -less rosrt than it would have received 77 City: Lessee: B. RENT PRORATED: Rental fox any period less than one (1) year shall be prorated on the basis of the rent payable under this Lease in the last £ull year previous to the prorating. C. ADDITIONAL RENT: In addition to agrees to pay to the apptropriate parties all lev specified in (A} of this Artieie, Lessee sments, and charges as follows: 1. Taxes pertaining to the 2. Sales tax now enforced or levied monthl}+ installments whether Ih¢ or amtual basis. 3. All taxes and assessments le Legal owner of record of the 4, Reimbursetment for City D, PAYMENTS: The Lessee shall. payable to the City of Kenai and deliver Fidalgo Avenue, Kenai, Alaska 99611= writing to the Lessee. E. INTEREST: Beginning the day required under this Lease will accru m Interest on disputed amounts will tt b Lessee's favor. F. LATE PAYMENT PENAL\ of this Article, each time the Lessee the City will charge, and the Lessee of the amount due azzd unpaid. G. COURTESY' BILLII City is provided oniy as a cc regardless of whether or not H. LIEN AGAINST LES and unpaid at the expiration, termu Lessee's propert}+, real or personal. L PAYMENT OF CITY'S COSTS: of the Lessee. ,computed upon rent payable ir. rent under this Lease nn a monthly City,, as if Lessee was the Article }:V. hec , ba.. drafts, ox postal money orders nts to it,` of Kenai, Finance Department, 210 auy oth • a ress the City may designate in due, 1 ~ paid rents, charges, and fees rf ei~h 'rcent {8.0°/>) per annum. see if ° to dispute is resolved in the ion t anyrin~irst payable under Provision (P) any re o fee'by the date required in this Lease, admmi a ive penalty often percent (10.0%) any billing statement issued by the fn pay all rents and fees when due, emenf from the City. . ox other consideration which is due of this Lease will be a lien against the will pay all reasonable actual expenses, ATTACHMENTA LEASE OF AIRPORT LANDS Clry'. Pag° 5 of 31 t~ Lessee: ?& costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or protect this Lease or Cit}~'s rights under tlvs Lease, including any expense incurred with respect to environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease, the Premises, ar improvements or personal prope ~ on the Premises. The Lessee witi make payment within 30 days of the date of each notic fr m City of any amounts payable under this provision. , J. PAYMENT FOR SPECIAL SERVIC for any special services or facilities the City obligated by this Lease to provide and which OI' V A. RENT OR FEE ADJUSTMENT: Be 'n ~' g ' 2007 alt th eafter, at intervals of approximately five (5) years, the City shall, in t' s ' eretion, a 'u ,the rent or a fee payable by the Lessee under Article IV or other provision f this ase. The 'cunt to which the City increases or decreases atry rent or fees 1 be estab 'shed n accordance with PMC 21.1 Q.100 and 21.10.160. Any rent. change by th Ci , shall be as ' on the fair market value of: The Premises in its eonditi the case of a lease renewal nlus Any improvements not reimbursed by i No rent or fee change shatl'~ notice to the Lessee. If the Lessee b~ the Premises, the Lessee may appeal s. cITY or in connection with, the I of establishing the rent and reimburses the City for the of A. INVALID WITHOCiTCITY'S a security interest in, by grant or impli~ ATTACHMENTA LEASE OF AIRPORT LANDS Page 6 of 31 term B~ga Wing date stated in Article ITI or in jon, the eg 2ning date for the original lease; the (~it}>\s~bs~quent tb that date; the cost of which is agrees to pay the City a reasonable .fee form, which the City is not otherwise e~uests from the City in writing. until d' "s f er the date of the City's written any ch d rent exceeds the fair market rent far ~nQe tote ity under KMC 21.10.160. V MENTS. Impr~tvements constructed by the City on, not e ide d a part of the Premises for the purpose article, if e es , e, as a condition of this lease, ~tion costs u .' t to KMC 21.10.110. T'ne Lessee may not assign, sublef; or grant. >le or any part of this Lease, the Premises, Ciry: Lessee: 79 or any improvement on tihe Premises without the written consent of the City. Any proposed assignment, sublease; or security interest must be written and must be submitted to the City bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft documents for the City°s conceptual review. Ho vex, the City's conceptual approval of a draft document may not be construed as the City's co se to any assigrment, sublease, or seccvity hiterest, All provisions in this Lease extend to d b' the assignees and sublessees of the Lessee. B. NO WAIVER OF CONSF,NT: The security interest will not waive the regs other assignment; sublease, or security C. ASSIGNEE / LESSEE OIiLIGATI~N5: that the assignee accepts responsibility for I of Lease, including environmental liability and sp~ specifically releases the Lessee in writing, the performing any obligation wZder this lease which D. OCCUPANCY BEFORE CIT the Premises before the City consents E. CONFLICT OF PROVISIONS: In assignment or a sublease, the terms oI'thts F. LESSEE NOT RELIEVEL does not relieve or otherwise alter to one assigiunent, sublease, or fee to obtain the City's consent to any en nust include a provision stating s Le sec's) obligations tuider this Io v ,unless the City the L s ~ responsible for fails to ~rform. or sublessee. may not occupy e in writing. oa' a edtrfl3~t between this Lease and an ~}~'s consent to any sublease this Lease. G. SECURITY Subject to the requiren security interest hi this mortgage, deed of ' s~ a. the sec rity intE b. the se to the the documents City. ATTACHMENT A. LEASE OF AIRPORT LANDS Page 7 of; I of this . t ~cle VI, the Lessee may assi¢n a runty 't 'crest may be in the farm of a R or Cher ~propriate instrument, provided: Lessee's leasehold imerest; 80 to or create any interest in City's title the security interest are acceptable to the City: Lessee: 2. If the assignment of a security interest to which the City has consented shall be held by an established lending or fnaaaaial institution, including a bank, an established insurance company and qualified pension or profit sharing trust, and. the lending institution acquires th essee's interestin this Lease as a result of a foreclosure action or other remed - o he secured party, or through any transfer in lieu of foreclosure, or tlu•ough se leuxe t of or arising out of any pending or contemplated foreclasure action the le -' ing institution may transfer its interest in this Lease to a nominee or a wh ly o ' ed subsidiary corporation with the prior written consent of the City, prove d, he •ansferee assumes ail of the covenants and conditions required to be erfot by he Lessee (including payment of any monies owed by Lessee to th 'ty under e ase). In the event of such a transfer, the lending institute n sh 11 be reli e of any further liability under this Lessee. 3. A holder of a security interest t' 's ase conse e to by the City shall have, and be subrogated to, any and al i s the Less th respect to the curing of any default of this Lease by Lease 4. If, before any default h oc urred in t e 'ase, the holder of a security interest in this Lease consented. to by~the ity give th City a written notice of the holder's post office address, the Cit shal hereafte a, by regular U.S. mail, s n t holds a py of eaclx notice of default at the same time s the Cit g s n tics o ~aulC to the Lessee; and i b not accept y Burr der or n er into ny modification of this Lease without the prior lure en con ant of axe , Ider, which flee holder shall not The City will enter into n~k lei interest consented to by th City, normal expirati~ri dTxe to a fau] remainder of this Lease. T conditions: a. the new leas s Il e f~ term f this a City's _ nt of b. thenew lease sh ll r this Lease; ATTACHMENT A LEASE OF AIRPORT LANDS Page 8 of 31 of the r ises with the holder of a securih~ e Cit t mates this Lease prior to its y e Les ee. The new lease shall be for the d s all be effective as o,f the termination of sec lea ,. shall be subject to the following date this Lease is terminated; same rent, additional rent, and covenants as Ciry: Lessee: 81 c. By no latex than the twentieth (2Q°i) day following the termination of this Lease, the security holder must submit a written request to the City for the new lease, together with. paynnent of all rent, additional reirt and other sums then due to the City tf1i der this Lease. d. The security holder shall ay to~he City, at the time of the exacutian and delivery of snob new lea e any ' d all sums due thereunder in addition to those which would. at th time o the execution and delivery thereof be due under this Lease but for su h t ni ation, and in addition thereto, any reasonable expenses, i cludt a acid attorneys' fees, to which the City shall have been subje e by reaso o such default. a. The security holder tall, o= or before e xecution of the new lease, perform all fne other bhg,"bons of the ss e raider this Lease to the extent the Lessee fade to erf m them p or o the termination of this Lease. 6. A holder of a security in est eonse ed t `by the City That takes possession of this Lease or enters into n ~ lease w' e City shall not be released from the obligations and liabilities f th's Lease o th new lease unless the holder assigns its leasehold estate to an as•igne who is i an tally capable and otherwise qualified to undertake to per r obser th conditions of this Lease or the new lease and the City consen the sign nt. The City's consent will not be unreasonably withhe . If the se u ' h der ass s that the City is unreasonably withholding its con nt a prop e ssi ment, 'the dispute shall be resolved by arbitration. CLE II TvIAINTENAN +, .REM V L 8: UTILITIES A. MAINTENANCE 1. At no cost tot e City, e Les e 'Ike the Premises and alt improvements on the Premises can, neat d pre en b . as reasonably determined by the City. 2. At no cost to the ty, th Le see wt p vide for all maintenance and services at the Premises as ma, be e ss y to it ate the Lessee's compliance with this Lease and the Lessee' u o ~th Pre~ni ,s. .,. The Lessee shaIi comply i Ire ulations or ordinances of the City that are promulgated for the promof n ~f s nation. At no cost to the City, the Lessee ATTACI-2MENT A LEASE OF AIRPORT LANDS Cary: Page 9 0:31 Lessee: S2 shall keep the Premises in a clean at5d sanitary condition, and control activities on the Premises to prevent the pollution of water. B 4. The Lessee agrees to comply Airport Manager regarding n of the. Airport by the Lessee. SNOW REMOVAL At no cost to the City, the Las ~ee is Premises. The Lessee shall d~s se in writing by the City or pro tde the Premises in accordance ith al t request of the Airport Manao r, tl. the Premises to the Manager f - r the Airport Manager, the Lessee ha Premises in accordance with the a ; decisions and directions of the City's ice and operation of the Airport, and the use "~-7,~ n 'bte for snow removal on the of sn w t an off-Premises location approved table sn w torage within the boundaries of applicabl e ral and state laws. At tine Lessee shat su it a snow removal plan for ie Upon ap ro al of the Lessee's plan by il.( co duet all st w ,emoval operations ou the Lessee shall not deposit ~tao ~ on an maneuvering stvface pro ' de or a approval. of the Airport Mahag~er. Lessee agrees to not allow an cause interference wiSli adjon vay, safety area; or otheraircraft- by others without the urior written on the Premises that would er users of the Airport. C. UTILITIES. Unless speci cal.ly avided tlierwise ' this Lease, the Lessee shall, at no cost to the Ctty, provide for all uf' ities + th Premi es nee(~ssa ~ to facilitate the Lessee's use of the Premises. ~ /' \ r' RTICL VIII \ Is a TI sV A. OPERATIONS ON E AIRP RT: e e ee ill ensure that the Lessee, its employees, guests, contractors, ub E ee and v n rs „it perform any activity or function authorized under this Lease steal 0 01 a anne th erisures the safety of people, the protection of public health and the n ' o e t, and ' e afety and integrit}+ of the Airport and the Premises. f ATTACHMBNT A LEASB Or AIRPORT LANDS City: __ Page 10 of 31 .Lessee: 83 B. LESSEE'S CONTROL AND RESPONSIBILITY The Lessee will assume full control and sole responsibility as between Lessee and City for the activities of the Lesse ,the Lessee's personnel and employees, and anyone else acting by, on behalf , o under the authority of the Lessee on the Airport, including the Premises. / 2. The Lessee will immediately nob malfunction or other occurrence harm to pu'biic heatYh ar the estvi Premises. ~~ C. RADIO INTERFERENCE: The device that interferes with any governmen the cause of the interference is eliminated. D. WILDLIFE: The Lessee acknowledges thl~t a an airport constitutes a significant bazar to aircraft Premises clean of fish slime, fish waste or ny other wildlife. The Lessee accepts fu(I respon ibih to m. take all reasonable measures to prevent a ,nee rati E. PARKING: The Lessee will provide space on the Prenises for Lessee's on the Airport as may be approved AL A. HAZARDOtTS SUBSTANCE of any condition, problem, is the safety of people or the Airport, the safety or integrity of the use of any machine or aver, or navigation aid. until ration d~irds ar other wildlife on >. The Lessee agrees to keep the that might attract birds or other e Premises, control operations, and is or other wildlife on the Premises. hicl e~apment, and aircraft parking or col i 'e parking to such other places ~by the Airport Manager. The Lessee wi i cond tit bri 'ne ~ nd • operation on the Premises in compliance w' h all envi onmen 1 San ,permits. Ifhazardous substances are handled on the e s e Less e a e r"o have properly trained personnel and adequate procedu s r ~ e ~ stork ispensing, and otherwise handling Hazardous Substances a o ance it ,all applicable federal, state and. Local laws. 2. Lessee will promptly give he C~ty `once of proceeding to abate or settle matters relating to the presence of a la rdo s Substance on the Premises or from ATTACHMENT Q LEASE OF AIRPORT LANDS City: Page 11 of 31 _ Lessee: __„_ 84 Lessee's operations on the Airport. The Lessee will allow the City to partioipate in any such proceedings. B. ENVIRaNMENTAL INDEMNIFICA If Contamination of the Premises or other prop Lessee's operations on the Premises the Lessee harmless from any acid all claims, judgments, c losses, including, but not Iimited to, sums paid fees, and expert fees, which arise during or a c Contamination. This indemnification of the i incurred in connection with any investigatio c removal: or restorative work required by fi because of a Hazardous Substance being pr e. or other properties affected by the Contamina C. REMEDIATTON In the event of a Hazard immediately notify the C y Conversation and act, pro any damage, absorb and cle~ condition satisfactory to the portions of any envir~unen' ty by Hazardous Substance occurs from the gill in 'emnify, defend, and hold the City nage 'penalties, fines, costs, liabilities, or eat en nt of claims, attorney s fees, consultant th '° ~ this Lease as a result of such by Less e i oludes, but is not limited to, costs bite condi 'on or any cleanup, remediation, deal, state, o to i governmental agency t n the soil or o rdwater or under the Premises m stance i on the Premises, the Lessee will the Ala a epartment of Environmental its sole x use, to contain the spill, repair, t spill ar id restore the Premises to a ~d hcrwis co ply vdth the applicable 2. In addition to any tices gaired v~{his Le e, Che Lessee will immediately notify and copy th City icing o any o th~ ollowing: r= ~ ., A. Any permit, e or en ,clean i,en, removal or other govermnental or regulatory actin in tut .comp to . or threatened pursuant to an Envirommental La B. Any clam de ort reat ne an} person against the Lessee or arising £rom Lease 's ope ti ~ aut rued by tlvs Lease, relating to damage, contri fion, co ensall n, o or ', ,jury resulting, from, or claimed to result fr } rdous u St 'sin, on, or under the Airport; or C. Any repo m e r on b a o ,the Lessee to any environmental agency arisi t o in con ec ion with any Hazardous Substances in, on, or rernove'd,'ft• 1 e remis ;including an}' complaints, notices, warnings, or ass e v 1 ions. 3. Remediation and restoratit of't~re e ntaminated area must meet all applicable ATTACHMENT A LEASF, OF Ak'RPORT' LANDS Clty. _ i Page 12 of 3l ~ Lessee: 85 state and federal regulations and must meet the requirements of all governing regulatory authorities. D. ENVIRONMENTAL AUDIT The Lessee will provide the City with all rove; information gathered or analyzed as part of or characterization or audit on the Premises or th performed after the starting date of this Loose. information to the City within 60 days follow~i Lessee. E. RELEASE OF LESSEE The City releases the Lessee from Iiability to Y; Hazardous Substances that existed prior to the materially contributed to by the Lessee. SURVIVAL OF OBLIGA The obligations and duties of the City an< cancellation, temlination or expiration of A. INDEMNIFICATION The Lessee will rode agents, acrd emplaya~ administrative eti injunctive reli orp~ obligation for groper or grant agreem nt, any acts or cotmn si customers, invitees premises demised or This indemnification satflement of claims, expenses, directly or ~~ ve ro and ta, test results, reports ,and any other to any Environmental Assessment, iat Lessee performs or causes to be will submit the data, result, report o; ~r which. it becomes available to the and the presence of is lease unless caused or mtder ~tic'ie IX of this lease shall survive the defend the City, its officers, d alI Iiabilities, tosses, suits, ~ards,'udgrtYenis, fines, demands, damages, atur or kind to the full extant of the Iris or er I in'pry, death, violation of any regulation u o ~ resulting from or arising out of sst n v the Lessee, his agents, employees, of L ssee's occupation or use of the anted, ;` d to pay aII costs connected therewith. ~X the Lessee shall include sums paid in >, onsuttant fees, expert fees, or other costs acid ism from, connected to or on account of this ATTACHMEN'.T A LEASE OP AIRPORT LANDS Cfiy_ Page 13 of 31 Lessee: 86 Lease as it relates to the Lessee, the Lessee's activities at or relating to the Airport, or any act ar omission by the Lessee, or by any of its officers, ernplnyees, agents, contractors or sublessees. These indemnity obligations aze in addition ta, and not limited by, the Lessee's o anon to provide insurance, and shall survive the expiration or eazlier terminati n 'this Lease. 2. The Lessee shall give the City p{inmpt 'lice of any suit, claim, action or other matter affecting the City to whi Para aph 1, above, may apply, together with a copy of any letter by an attorney a~a of a complainant, any complaint filed in court, and an}~ notice or cot lplain regulatory agency. The City shall have the right, at its option, t rticipate oo eratively in the defense of, and saftlement negotiations regar ing, any such a er, without relieving the Lessee of any of its obligations under tnis 'rovision. 3. As to any amount paid to otho f ? pe onal inju o roperty damage with respect to which an act or omisst n th City is a Qa cause, notwithstanding Paragraph 1 of this section, the Le ee atr 'he City s reimburse each other according to the principl of compa five autt. If liability to a third part}' is subject to apporfiamnen ac rding to a arative fault under this prevision, t17e Lessee and the City shalt eels ~ i good fa'th achieve non judicial agreement as to apportionment of fault bet en them I 's. Tlus apportionment of liability between the City and the Le e sh 1 not be o trued to affect the rights of any person who is not a party to th' as -- B. iNSURANC)J: At no expe se the Cit e Les e wil obtain and keep in force daring the term of this Lease, insurance o the t e and li i s requx d by this provision. there specific Limits are set, they uritl b the t 'ni um ac ptabl , li ~ts. If the Lessee's policy contains higher linuts, the City wit be i1 ' le to cov rag ~'t f'e extent of the higher limits. At the time insurance is obtained. by the e e P incur e hal be by a company/corporation rated "A-" or better by A.M. Best. The of wr '~ poIicie o' insurance are required with the following minimum amounts: 1. Commercial G neral 'abilit}, in ing remises, ai] operations, properiti damage, prod cts and c plete o r ion and personal injury and death, broad-fo c n ac E, wi a er -currence limit of not less than $1,OOQ,000 combt e i le unit. th' lease authorizes the Lessee to or the commercial 'sp ns' g r story e f aviation fuel, the policy must net exclude of the L,e ee' el andlin ,~etivities. This policy must name the City as an ad ' io al'ns red. 2. Commercial Automobile C ve ge vetith not less than 911,000,000 ATTACHMENT A LEASE OP AIRPORT LAI+IDS City: Page to of31 lessee: 87 combined single limit per occurrence. This insm-ance must cover all owned, hired, and non-owned motor vehicles used by the Lessee. 3. Workers Compensation Insura for all employees, coverage as applicable, anv other statutory subrogation against the City. The Lessee will provide the City fornt of an insurance policy or a proof that the premiums have limits of coverage secured. 11 t provide that the City be noti red cancellation, or material. ch ue 5. if the Lessee's insurance caverag~ le immediately, upon written notice Airport, including the Pr lees. The until the City receives e ide ce that insurance coverage 6. The City may, at intervals o~ date of the term of this Lease insurance requireme s zequi. revise the insurance eq rem Lessee's operations any in u: change in applicab e iaw~ If the Lessee sublease provisions of this Leas the insurance coverage 'i~'8 A. COMPLIANCE WITH LA ':`~,e and regulatidns of public authorities o i Premises m• the sidewalks, alleys, stree structures, fixtures and improvements or '~ ardinanees, and regulations which may be Lessee wilt provide and maintain, under AS 23.30.045, and, where ps. The policy must waive o f of insurance coverage in the to f insurance, together with s o 'rag the types and monetary e r ur d by this provision must 30 da ~s -ior to any termination, is cane le Lessee will ~. halt all 'erafions on the wi11 not resume operations ,ee has obtained current s of this Lease. than fi ,are from the beginning written o 'ce to Lessee, revise the r t ~s Leas <City's determination to ~e b ~ed on"the risks relative to the adclines opted by the City, and any rtio o .the Premises under the will re\qu e. the sublessee to provide to foe Less e:' nder this Article X. ¢gm~ly with all applicable laws, ordinances, r u ny marurer affecting the Airport, the adjacent to the Premises, or any buildings, roof, whether or not any such taws, enacted involve a change of policy or, die ATTACTIMENT A LEASE OF AIRPORT LANDS City Page I> of 31 Lessee: 88 part of the governmental. body enacting the same. Lessee agrees to hold City financially harmless: From the consequences of any regulations; azid 2. From all claims for damages on resulting from such violation. of such laws, ordinances, and/ar death, or property damage B. UNLAWFUL ACTIVITY: The Less e sha~l.~pi t p mit any unlawful use, accupation, business, ar trade to be conducted on the Pre 'ses contr any law, ordinance, or regulation, including zoning ardinaztces, rules and regu atio C. LICENSES AND PERMITS: The sse itwill obtain a n essary licenses and permits, pay all taxes and special assessments lawfuli 'rn os upon the re ises, and nay other fees and. charges assessed under applicable law. No in nits Lease e nfs the Lessee from challenging any taxes or special assessments to th apps date auth ' y. a D. LITICrATIOiq: The KMC, inch the State of Alaska will govern in any dr continues after exhaustion of administra of the State of Alaska; in Kenai,, Alaska. E. LESSEE TO PAY TAXES: during the term of this Lease may Borough, City, or any other tax le may have in or to the Premises or rn occupancy or the terms of this Le prevent Lessee from contesting any ordinance, or regulation. F. PARTIAL INVA declared by a court of co terms, provisions, Condit declaration had not been ited thereunder, and the laws oP and City. If a dispute must be brought in the courts a lawfut`t~a es and assessments which, p r or ich niay be levied by the State, o a y taxa le possessory right which Lessee on e Pr i s by reason of its use or awe r, t~:'a tthing in this provision shall tax or s ssmant under any applicable law, any t n, avt on, ed"ndition, or part of this Lease is sFlietion o~a ' or unconstitutional, the remaining s all can n fu ,force and effect as though the A. CANCELLATION: The City Lease and recover possession of the F ATTACHMENT A LEASH OF AIRPORT LANDS Page 16 of 37 days" written notice to the Lessee, cancel this tof the following violations occur, unless the City, Lessen: ~9 violation is cured within the 30 days: 1. The Lessee fails to pay when due the rents; additional rents, charges, or other sums specified in this Lease, inciu~lg any increases made under this pease. 2. The Lessee's check for payment insufficient fiords. 3. The Lessee uses or authorizes the authorized b} this Lease. ~ 4. The Lessee fails to fully 5. The court enters a 6. A trustee or receiver is appoint by or against the Lessee, or the 7. Failure by the Lessee to improvement. constructi due under this Lease is returned for Premises for airy purpose not any provision in this Lease. i,essee. a proceeding brought ition in bankruptcy. with y ` d development or permanent red by t 's ase. P. ENTRY Al~TD Rl?.I3NTRY; In the v t the accordance with this Article III, or by summ r r abandonment of the Premises or a p Lion of th ~ representatives may, immediately ran time th re Premises or portion thereof, and r ove l persoi fox any damages therefore. No re entry y ~ City of the Lease. C. CONTINUING OBLIGA' contimie to pay City rent after the abide by the lease obligations, me Lessee relinquishespossassio of Premises completely vacated ' f tl° Remediated any responsible; and 2. Restored the Premises Ciri+. ATTACHMENT A LEAST OF AIRPORT LANDS Page 1.7 of 31 90 the L se hould be terminated in edhxgs r herwise, or upon the Lessee's Zi s, the or its agents, servants, or ~er, -enter,"and resume possession of the 'nd pro rty therefrom, without being Iiable hall b~ de ed an acceptance of a surrender ~~i'nVACATED: The Lessee will r ' ancellation of this lease and to >f ? surance coverage, through the date the Premises. City will consider the for which the Lessee is clean physical condition acceptable to the City: Lessee: D. REASONABLE CURE Tn the case of a violation that cannot be reasonably cured within 30 days, a notice of cancellation issued by the City the Lessee under this Article is stayed if; within the 30-day notice period, t e ssee begins and continues expeditious action eo cure the violation. The ity 'll determine if a violation cannot be reasonably cured within 30 daVS and. w ~t constitutes expeditious action. E. 2. In the case where, in City's sole an imminent threat to the airp n will direct the Lessee to stop to cure the violation, or the ity Article. RIGI-ET OF CITY TO PERFORM_ Lessee's vialation is considered or safety, or the environment, City iiately and may reduce the period c~violation pursuarri to {E) of this I . If, after 30 days following notice t e Lesse fails or rses to perform any actian required by this Lease, t City will eve 'e righC, but not the obligation, to perform any ar all such cti s require b d this Lease at the sole expense of the Lessee. The City will no take ction if e essee begins and continues expeditious action to perfo an action r ui ed by this Lease that cannot be reasonably completed within 3 a, .The ~ty ill, at its sole discretion, determine what constitutes ex e "'ou action 'fan action cannot be reasonably performe in 30 day . e 't}% will emit to the Lessee an invaice for the expenses inc rre by the i th erfon~rance by the City of any required action. T. Less will p v e am t of each invoice within 30 days from issuance: ,r P" 3 2. If Lessee fails or refu. s t p r .rrn any c 'on that has been deemed an imminent threat the City will have e igh' but not he obligation, to perform any or all such actions required to e editiou comet e imminent threat. Lessee shall reimburse the ity r any c st, i "clu ' g lei, g1 fees and administrative costs reasonably inc rred b the Ci i ring o correct the imminent threat violation. F. WAIVER: A waiver b th 7 .any fa t he Lessee of u7y provision of this Lease will not operate as a waiv o n ' su segue t autt. If the City waives a default, the City is not required. to provide nazi e t th L see to es ore or revive any term or condition under this Lease. The waiver by the i o n pmvis' 'n in this Lease camzot be enforced or rehed upon unless the waiver is in writ' g si ed on behalf of the City. The City's "Failure to insist upon the strict performance by the es e o y provision in this Lease is not a waiver ox relinquishment for the future, and. the prov io wil `:continue in full force. ATTACHMENT A LEASE OP AIRPORT LANDS City: Page 1.R of 3 t Lessee: 91 G. AIRPORT CLOSURE: 1. If the City closes the airport to Lease will remain in full force 2. If the City closes the Airport to but not permanently, and. this L the Lessee may, upon ~n+xitten note retaum the Lease and receive a mft} poi~ian of tho closure that ex s 3. If the Cite permanently clos s the (a) this Lease is for aviatio 0 terminate this a~reement~ {h} this Lease is for -avi have the Lcase t rmr ab light of the City's est ~• Lessee's request in H. DISASTERS The Lessee or City ma}+ cancel this leas upon 1. the Premises be under this lease 2. the Airport becomes un performance under this If tha Lessee eieets in writing at it tl cont~n the Airporf has become onus ble, the L ~ see's City shall be under no obligafi to~b~ti e to Causes for termination of the enemy, and the United States. I. NATIONAL EMERGENCY: If`d neither party may hold the other liable for ATTACHMENT A LEASE OF AIRPORT LANDS Page 19 of 31 ft operations for sixty (60) days or less, this et witlmouf adjustment raft ,`perations for mare than sixty (60) days, i s ' r aviation or direct aviation support uses, t th City, either terminate the Lease ar al n cent rent reduction or credit for that sixty to a`s~rcr'~ft operations and +iation~su~iort uses, the Lessee may notice t th ,City; or e. Lessee may requesi in writing to will consider the Lessee's request in Sher terminate the Lease, or deny the to tPe other party if; no ~au~of either party and performance no~ad3~t of either party and the after notice from City to Lessee that tiler the Lease will continue, but include acts of God, the public government declares a national emergency, pity to perform any part of this Lease as a 42 City: _ Lessee: result of the national emergency. ?. SURRENDER ON TERMINATION: Except as provided otherwise in this Article III, Lessee shall, on the last day of the term of this L se (including any extension or renewal thereof} or upon any earlier termination of this L as surrender and deliver up the premises into the possession. and use of City without fraud or elay t goad order, condition, and repair, except for reasonable wear and tear since the last uec sary r; air, replacement, restoration or renewal, free and clear of all lettings and occupancies m ess ex'ressly permitted by the City in writing, and free and clear of all liens and encumbrances the th n those created by and for loans to City. ~ r XIII A. USE OF THE AIRPORT: Except as ~c facilities without the written consent of the Ci use of areas designated by the City for specified automobile parking areas, and streets. ~ B. COSTS AND EXPENSES: Co. Iimited to recording costs, shall be paid C. CARE OF THE PREMISES: The Le~~ order at the Lessee's own expense, owing n removing any material therefrom, ith t wrist the term fixed, or any earlier ternz~ ation f the and. surrender the premises to the ity. ~ D. CONSTRUCTION APPRC Premises by the Lessee must be co authorized under this Lease; as det written approval before placin r demolishing any improvemer son modifications, or renovation f exi the City detailed drawrings oft p together with specifications or Lessee will submit to City evidenc Administration regulation 1~+ CFR E. LEASE SUBORDINATE TO agrees that City may modify this Lease to an re lar use of Airport lands or . Thi r ibitian shall not apply to such as ~ssenger terminals, to this lease, including but not keep t e emises clean and in good waste, 7 destruction thereof nor its ' n of t` e City, At the expiration of the L see will peaceably and quietly quit D TANI~i S~" Any building construction on the ~t ' 'its surr n ings and consistent with Che uses by the ity. Th "essee must obtain the City's bey*'nni any end development, or constiucthig or ni s, he re beginning any alterations, zou s n e emises. The Lessee must submit to devel r n , 'teration, modification, or renovation, ~grmati~t~City reasonably requires. Furtner, the e ee's c m liance with Federal Aviation LEAST OP AIRPORT LANDS Page 2Q of 31 43 ANCING REQUIREMENTS: Lessee d requirements 1'or Federal. or State grants; Cit}': Lessee: or to conform to the requirements of anp 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. P. RIGHT TO ENJ01'MENT AIVD PEAL covenants that the Lessee, upon paying rent an conditions of this Lease, shall have the right to enjoy the Premises, except that the following s or peaceable possession: Any incauvenience caused 2. Any other entries by the Cit~on provisions of this Lease. G. NO PARTNERSHIP OR JOINT VE7t the City shall not be construed or held. to be a p er or the Lessee's activities or business on th remises. he Lessee is, .and shall at all tiLnes retnain,~stn 1y that o e H. DISCRIMINATION: The Lessee`s religion>, national origin, ancestry, agc; or se employment, or other person or group of pe law. The Lessee recognizes the rig of the provision, including actions requir d~p su< I. AFFIRMATNE ACTIO If undertake an affirmative action pro ray participating in any ernpIoyment acti ''. color, nationat origin., or sex, No pers< or receiving the services or benefits of further agrees that it will regal e i sal effectthat they will also unde eke suborganization(s) as require `rry 14 C Tenant shall use the premise pursuant to title 49, code of Federf ~ 21, Nondiscrimination in Federally- Effectuation of Title VI of the Civil ATTACHMENT A LHASE OF AIRPORT LANDS Page 2 i of 31 POSSESSION: City hereby agrees and ling other covenants, teens, and tid peacefully hold, use, occupy, and onstrued as a denial of the right of quiet in or about the Premises; and or authorized raider other Kpressly understood that Lessee in the conduct of cship beriveen the City and the and tenant, respeetivel}+. cri 'na on the grounds of race, color, any p ro ,employee, applicant for ry mom r ohibited by federa} or state k y ac ' ~ necessary to enforce this fede, 1 ar state law. by 1 CFR+ ar 152, subpart E, the Lessee will re the no -'e . `will be excluded from ed by ssee on the grounds of race, creed. exclude o these grounds from participating in rv or actr i y covered by subpart E. The Lessee x ' on prow ' e assurance to the City to the same i ~ pr rams and require. assurances from their .IS bn E. wi all other requirements imposed by or )O pbtitle A, Office of the Secretary, Part ems 'the Department of Transportation- 1964, and as the Regulation maybe aznended. 94 c,t<<: Lessee: L INTEGRATION, MERCrER, AND MODIFICATION: This Lease sets out all the teens, conditions, and agreements of the parties and supersedes any previous understandings or agreements regarding the Premises whether oral or written. No modification ar amendment of this Lease is ef'£ective unless in writing and. signe~in behalf of the City and the Lessee. K. RIGHT TO ADOPT RULES: City resE reasonable rules and regulations governing the not be. liable to Lessee for any diminution or de under this Lease, on account of the exercise of Furthermore; the Lessee shall not be entitled 'c leasehold estate created under this Lease, by e reserved under this provision, unless the ex rci occupancy of the Premises as to constitute te. operation of law under the laws of the State f Co the states. L. LESSEE'S OBLIGATION TO PREVEN`f~A pertnit any liens including, but not limit to, mech obtainable or available under the then is g laws, improvements on the Premises for any 1 or mate been furnished to Lessee or to the. Lessee' ogee , c work of any character performed or chime t ~a improvements by or at the direction or suffer ~ of have the right to provide a bond as e ntemplat amomit of any such lien or elaime tier . Upon a t . the Lessee will immediately pay a y judg ent ten shall have such lien released or ju gmet7,l s isf ed a M. CONDEMNATION: In the and taken for a public or aquasi-public arising from the condemnation or taking, to agree upon 1. rho division o the prc 2. the abatement i rert~ Lease: and 3. other adjustments t all the circumstances. th right to adopt, amend, and enforce art including the Premises. The City shall ~ti of possession, or of Lessee's rights i authority reserved. under this provision. ' e e whole or any portion of the of th e rcise of the City's authority nreof s in rferes with Lessee's use and tion, in to or in part, of this Lease by ca and oft iced States made applicable ND MOVE NS: Lessee will not p~cs`, ~aborers', or materialmen's liens tls st' d against the Premises or ria fished to Lessee or clai.tned to have mire or or sublessees, in connection with been p fa ed on the Premises or essee.ro ided, however, the Lessee shall 41 slca 1a °d contest the validity or del nitration of the Iien or claim. for Iien, ed wit all proper costs and chazges and ~Lesse°k's expense. emtses~ir v part thereof shall be condemned het upon p nt of any award or compensation. City d thee;see shall make a good faith effort ATTACHMENT A LEASE OF AIRPORT LANDS Page 22 of 3l 45 or any extension of the term of this upon as being just and eauitable under City: Lessee: If, within thirty (30) days after the award has been paid into Court, the City and Lessee are unable to agree upon what division, abatement in rent, and other adjustments as are just and equitable, the dispute shall be determined by arbitratson. N. SUCCESSORS IN INTERl/ST: This L benefit of the respecrive successors and. assigns limitations on assignmeut as are provided far in O, NOTICES: Any notices required by this personally or mailed by certi mailed notice a. must be addressed to tl~ page of this Lease ar to t (2) of this Provision (O); b. shall be deemed branch post offii 2. The City or the Lessee may, they will receive notices by 15 days prior to the e eetiv be delivered accord,' g t th P. P~ET~NTION OF RUNT. breach b}+ the Lessee, the City sh the Lessee City as partial or total Q. FTRE PROTECTION: The I take all necessary action to su pre regulations, and rules prornul ated e R. PERSONAL IJSE OF or in any deposit of stone or gra 1 Premises or in the rights granted b Premises for use elsewhere any tint valuable for building or commercial must on to City be binding upon and shall inure to the ties hereto, subject to such specific ng and must be delivered in a prepaid envelope. A party th address written on the. first dross de ' gn ,led in accordance with to it is deposited in a. U.S. general or signate a new address at which y with written notice at least n address change notice must in 'l) of this Provision (O). breach. this Lease because of any rental payment last made by will t . al( rea o able precautions to prevent, and five r u •ontro red fires and comply with all laws, or~edi,~the itv for fire protection on the Airport. t n re coal, oil, gas or any other mineral, ex ac ondor utilization is h7cluded in the The ee shad not se11 or remove from the avel, p `f moss, topsoil or any other material I \ ( City: ~J Lessee: ATT.ACHi~IENT A i,.EASE OF AIRPORT LAIv`BS Page 23 0:`31. 96 S. APPROVAL OP OTHER AUTHORITIES: The granting of this lease by the City does not relieve the Lessee of the responsibility to obtain any license or permit as may be required by federal, state, or local law. T. EXECUTION BY TAE PARTIES: T. Lessee, or a duly authorized representative of city. U. CAPTIONS: The captions of the prc do not necessarily define, limit, describe, or V. RIGA'PS OF CONSTRUCTION: T available for private use, while at all times n possible, .Following the rule that transfers construed in favor of the public property lan Lease will be strictly construed, and all rights interest will be liberally construed. V.%. LESSEEACILNOWLEDGEM ,N ~ The this Lease and'futIy understands its term , the the opportunity of advice by separate legal co nsel, acknowledges and agrees that the rule of in e' against The drafter will not apply to this Leas X. APPROVAL BY LESS be unreasonably withheld. The responsibility ar liability to con SURVEY, A. SUPtiVEY: The Lease is the physical location of the b and thereon, including clearing gru b. the Premises shall be performed Lessee shall furnish the City with or on behalf of, the Lessee. B. IMPROVEMENTS. REQUIRED ATTACHMENT A LEASE OF AIRPORT LANDS Page 2b of 31. is of no effect wiles signed by the ad an authorized representative of the Lease are for conveivence only and of any provision. is int~n d'to rnalce public property the pu rc - teresf to the greafest ea~tent in publi c ro erty aze to be strictly fights g rt and rand fl1e Lessee wader this the p to lions of the public that the Lessee has read been fully advised. or has had the ~' executes this Lease. Lessee also v.~hich a document is construed it of the Lessor by this Lease will not not * 've the Lessee's legal =ed~-a1 d state laws and. regulations. BfIND sp st at s sole expense, to confirm or establish the m s pn ~: to beginning any construction fillino an e ~~•onmental satnpling. Any survey of 9 urvey r istered in the State of Alaska. The ~t plat o • survey performed on the Premises by, no cost to the City, Lessee agrees to Cii,~: Lessee: 97 complete Land. development and consixuetion of Permanent Iznproveznents including _, by no Later than with an appraised value of at least $ In addition to e as-built drawings required by this Lease. the Lessee must submit to the Cit tten evidence that the Lessee has completed the Land development and constr cted z provements on the Premises with an aggregate cost or investment of of less an ~ The evidence of cost musf be completion of the developme. a. Costs considered to~~``ard tt include building construct permits, equipment, so``~I t€ environmental assessme and as-built surveys; site F fabric, filling, gr ng, fill environmental c nt mat contributed to the ont i b. The cost of F (i) work and (ii) work 2. FAILURE TO CO~ the required constna including any extensi will forfeit, any bond City will _ a. initiate b. reduce of the 3. APPEARANCE: R~li neat, presentable, and this Lease, as determi City within sixty (6D} days of the ents, but by no later than ;gregat co of permanent improvements design; 1a or, aterials, materials slopping, . enviromn nt baseline report, and ~t - ~ related to e construction; premises aati , includin xcavation, geotextile eria =gravel, and pavement, remediation of ~~ ` s Lessee caused or materially ~n ~ a utility comzection costs. by the Lessee; and~ieimbursed by the City. ?RO EI\ If the Lessee rails to complete th.eti e a 'o e: wader (B)(1) of this Article, the Cz v ~ ill execute against and the Lessee razatee g ve by the Lessee and, as applicable, d that is consistent with the porCion completed. alI ix~iprovements on the Premises must be th the authorized. use of the Premises under ATTACHMENTA LEASE OP AIRPOP~T LANDS Cite: Page 25 of 31 Lessee: 98 4. CITY APPROVAL REQUIRED: The Lessee must first obtain the City's wti'itten approval before beginning any land development, construction or demolition of any improvements on the Premises, or before beginning any alterations, modifications, or renovation of ex' `'ng structures on the Premises. The Lessee must submit to the City detailed. a •ngs of the proposed development, alteration, modification, or renov tion. urther, the Lessee will submit to City evidence of the Lessee's eompIi ce wi,~r the PAA regulation 14 CFR Part 77. CITY APPROVAL WITHHELD aheration, modification, or rery~ov, a. the Lessee fails to detfron the project; b. the project plans, spe ific c. the proposed project w u regulation, or law; d. the proposed project wou safety,seeurity, ntena e. the proposed pro ect ' in f. the proposed proj et is ' r ordinances, or the •ty's g the projectplans do t~ valiiele, and equipmen h. the proposed ojectdo engineering rin • les or DEMOLITION: P(<ic Lessee will deliver structure(s) that are tc renrovai of the debris demolition and issue BUILDLNG S TF constructed or is without City's i. structure may be any boundary line apron. 's approval of any construction, got be withheld carless: resources to complete and age c ppravals are incomplete; t in a vin do of an applicable ordinance, fer .with or i • 'compatible with the a gyration of the airport; en'` with the Airport Master Plau; t Ch the terms of the lease, zoning h s~ e Plan; ffici rt ovision for drainage, aircraft, or for o storage; or ~orm to = 'nerally recognized ~hid.fire or ~ uildin~ codes. tructure(s) on the Premises, k that, at a minimum, lists the eframe for demolition and review Lessee's scope far the work to be done. No ui i a o Cher permanent structure may be tin tw t fe t of any lot line of the Premises appoo al. In idition, no building or other permanent .~ r pla d itliin feet of ' m es wh h onts on a landing strip, taxiway, or AS-BUILT DRAWINGS'. construction or placement ATTACHMENT A LEASP 6F AIRPORT LANI?S Pale 26 of 31 (60) days after completion of ;nts upon the Premises, the Lessee will City: Lessee: 49 deliver to the City a copy of an as-built drawing, acceptable to the City, showing the location and dimensions of the improvements, giving distances to all Premises' boundaries. If the Lessee constructs underground improvements, the Lessee will appropriately mark th ttrface oP the Land with adequate surface markers. 'T'he type, quantity, ands nce between such markers will he subject to approval of the City. 9. AIRPORT SECURITY FENCl_ G: Tf ~iay construction by the Lessee requires a realignment or alteration of an ern tin se urity fence on the Premises or boundary of the Premises, the esse ` ee to realign or alter the fence in a maruier approved in writing b ze Airpo _ Hager. Anytime the fence must be breached to allow the Lessee o c plete in r etnent construction or fence modifications, the Lessee sh 11, at Sze Lessee so e expense place temporary barriers to maintahl the secu 'ty o FChe Airport, s termined by the Airport Manager. If damage occurs to s ur v fence on he .remises or bounda*y of the Premises in connection with the as c e' use or occ pa ; on of the Premises; the Lessee shall promptly repair the fe ce to satisfactl ' of the Airport Manager. 10. DAMAGE TO IMPRO E NTS: I ~ Le.~ ee's improvements on the Premises are damaged. or destroye .Les ee ~nrill c s the improvements to be repaired or rebuilt. and restored to nor al fu etion ~d in wo (2) years following the damage ar destruction. If th L s fails to im 1}~ rebuild or restore the improvements, the City may, i so diseret' n, ither reduce the Germ of this Lease commensurate with the e i ~ed value o ~ Lessee's remaining, fully functional improve en on the e i as, cancel this Lease. 1 I. DAMAGE' NEAR API ON: Less . s pprovements are damaged to the extent that more tha 50 o f t e spac is u to and the damage occurs within tzve years of the expir do a t tesn~ o t ~'s Lease, Lessee may remove the damaged improvements, re ~ re 'rc Prem se and terminate this Lease. C, PERFORMANCE BO D . Prior t beg' rin the c `nstruction of permanent improvements required under (B)(1) f this ti ,the essee shall suhmit to the City a performance bond, deposit, o other sec •ity iu ~ e un of $ .The form of the bond or other security shal e ~'ub}~ec o the i 's -oval. ATTACHMENT A LEASEOI' AIRPORT LANDS Page 27 of 31 City: Lessee: 100 D. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease; surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repels, extent for reasonable wear and tear since the last necesepair, replacement, restoration ar renewal, free and. clear of all lettings and occupancies unl ss pressly permitted by the City in writing.. and free and cleaz of all Liens and encumbrance othe~han those created by and. for loans to City. Upon the end of the term of this Lease, i cludin =any extension or renewal; or any earlier termination thereof, title to the buildings, impr uemenf and building equipment shall automatically vest in City without requirement o ny de d, conveyance, or bill of sale thereon. However, if City should. require any such do omen ' ` on mation hereof, Lessee shall execute, acknowledge, and. deliver £ne same and shall p v any ch e, tax, and fee asserted or imposed by any and all governmental units in connectio he with. E. NOTICE OI' CONSTRLICTIOI~T: 1y days prior to commencing any construction Premises. The Lessee agrees to assist in the maintenance of the notice on the Premises d the Lessee fails to notify the City as req}Rs~ec City against any materialtnen's liens as~ie~i construction on the premises. L 5see agrees t no fy the City in writhig three je' t v ued in exe ss f $l 000.00 on the ~o 'in f notice of io .responsibility and. ring onstru lion. Less ;'agrees that in the event by thi Prov'sion (t), the ~.essee shall indemnify the :d in AS 4.15.050 which arise as a result of XV \\ A. CITY CONS"1`P.UCTED 1.. ALTERNATIVE ~NE- lease is signed. (a) As part of the ex~ City's ex ease, tai in corn ctio~ with (i} _ (11) . jiiij (b) The Citds tot'a,( c City caynmits~o c~gnstruet improvements after the .e '' consid~l;atn of this lease, the City will, at the the fo owing provements to be constructed on or constnretiot,. shall not exceed the Lessee's written concurrence. ATTACHMENTA LEASE OF AIRPORT LAISDS Page 28 of 31 --,^..ity: Lessee: 101 (c} The Lessee shall reimburse the City far the City's cost of consti'uctiug the improvements. The reimbursement shad be made in ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid balance. The Lessee may j the entire remaining balance to the City earlier thazt due. / \ (d) Amer completing the. imp'roverr notice of the City's total ost o: date ou which the Lessee' et date shall be na earlier than The Lessee's annual r t burse shall be made to thety }r no the nrst payment w due. ~; (e) Failure by the Lessee through (d) of fItis pry by the City. 2, ALTERNATNE TWO ~Th~ City sig~ied. (a) The Lessee ack constructed the Premises: _ (i} (ii) the City will give the Lessee written tructing the improvements aJtd the ;ment payments shall begin, which fter the date of the City's notice. p vrrtent for each succeeding year ih the amiiversary of date on which as required under (b) termination of this lease before the lease is prior t execution of this lease, the City ovemen s o or in canneotior, with the (b) The Gity's total st~o c ~'rlstruct tlye isnprovemenYs was $ \~"~ e (c) As part of the nside ti ~ f th' lease, the Lessee shall reimburse the City f the City cost o.` c s et _ g the improvements. The rei,mbm•, rn '~t ha be to e t ,(10} equal annual payments, plus interest at ig p c ~ t (8% e ear on the unpaid balance. The Lessee tray pay the nt' e m thing ' I ce to the City earlier than due. } (d) The Lessee shaI ce e trst reimbursement payment to the City by no later than the first n~v~'sa of the lease term begimiing date given in Article III of this Le se.VThe'~Lessee` s annual reimbursement patnnent for ATTACI3MENT A LEASE OF AIRPORT LANDS Face 29of;1 Citv: Lessee: 1®`.Z eaoh succeeding year shall be made to the City by no later than file a~miversary of date on which the first payment was due. (e) Failure by the Lessee to and (dl of this provision the City. IN WITNESS WHEREOF, the parties year stated in the individual reimburse the City as required under (c) e grouuds for termination o'f this Zease by hereunto set their hands, the da}+ and OF Koch (If Lessee is a Corporation} t1TTEST: Name ~\ 103 STATE OF ALASKA ) ss. THIRD .iUDlCIAL DISTRICT ) THIS IS TC CERTIFY that on this . Title: being personally lalown to me or having pr appeared before me and acknowledged the instrument on behalf of said corporation. M~~ STATE OF ALASKA ) TI-IIRD JUDICFAL DISTRICT ) THIS IS TO CERTIFY that on this _ Manager of the City of Kenai, Alas • being satisfactary evidence of identi'ficati n, pea authorized execution of the forego na ins \ N ~~ My .Approved as to lease form Approved by Finance Director: Lease approved by Council on Cv~o] Frees, C1ty Clerk LEASB OF ASRTyORT LANDS Pace 31 of 3 i .200_, Name: of ctory evidence of identification, authorized execution. oftihe foregoing ?_, Riclc R. Koch, City ne or having produced nowledged the voluntary and Gity. Alaska Expires: Ciri: Lessee: ao~ ~~ -'}-'`'~''t ~,. ~~.~ ~~ the city o f ,/'~ ~E~a~ S~ "~i`l~a~e wit~r a 1~~~~ G~` y ~et~t ~ ~r~t~~e,> 210 Fidafgo Avenue, Kenai, Akaska 99611-7794 Telephone: (907} 283-7535 I Fax: (907} 283-3014 www.ci.kenai.ak.us TO: Mayor Porter and the Kenai City Council FROM:C~ Cary R Crraves, City Attorney DATE: April 26, 2007 RE: Airport Reserve Lease Form Comment's During the April 4, 2007 Council meeting there were eight questions/comments generated regarding' the, draft Airport Lease Form .See Page 8 of the mrapproved minutes of the April 4, 2007 meeting. Here is hrnx~ the administration has addressed the comments/questions. 1. The please "the City" was added. between the words "hold" and "harmless" in tine two of Article IX,B. 2. Reimbursement for city constructed improvements under Article XV was added to the "Additional Rent" subsection in Article IV.C.4. 3. Marilyn Kebschull researched whether salvage yazds were allowed in the airport reserve. Under the zoning code a salvage yard could be allowed by a conditional use permit under hivlC 14.20.050(h). The wording in Article IL C.3 was changed to read that "The outside storage on the Premises ofjunk, salvage aircraft or vehicle parts, non-operational support equipment, unused or damaged equipment or material or so}id waste or debris unxess allow°d by a conditional use permit issued under KMC la 20" is prohibited. 4. KfiDS had z concern about amortizing the investment of a lease extension. Ordinance 2230-2007 amending KMC 21.10.090 is in the packet far introduction during the May 2, 2007 meeting. 5. KEDS also had a concern about a lessee being able to negotiate the contractual right to a lease extension. Ordinance No. 2227-2007 addresses that concern. It will be up for a public hearing during the May 2, 2007 .meeting. 6. There was a comment that `'Article XIV{c)" was omitted from the form. It has been fixed. 7. Tlae plu~ase "boundary line" was changed to "lot line" in Article XIV.B.7. 8. The notice of construction threshold was changed from $500.00 to $1,000.00 in Article XIV.E. Please feet free to let me know of any other comments or questions you may have. 105 Suggested by: Councilor Molloy CITY OF KENAI RESOLUTION Nt3. 2007-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF K:ENAi, ALASKA. SUPPORTING PASSAGE OF THE ALASKA GASLINE INDUCEMENT ACT (AGIA) IN ORDER TO ENCOURAGE THE EXPEDITED DEVELOPMENT OF ALASKA'S NATURAL GAS RESOURCES. WHEREAS, the City of Kenai recognizes the importance of the development of Alaska's natural gas resources for the national and state economies and to ensure a supply of natural gas for the State's people, their businesses, residences, and other needs and uses; and, WHEREAS, the City of Kenai recognizes the need to expedite the develapment of Alaska's natural. gas resources in a manner that provides for utilization and development consistent with the public interest and for the ma~mum benefit of Alaska, its people, their businesses, residences, and other needs and uses; and, WHEREAS, th.e construction of a gas pipeluie is necessary to the development of fllaska's natural gas resources for state and national markets; and, WHEREAS, a clear and definite timetable and commitment for construction. of a gas pipeline is necessary; and, WHEREAS, the stated purpose the AGIA introduced by Governor Sarah Patin is to encourage the development of Alaska's gas resources in a competitive process by offering incentives to companies that produce the State's gas resources and companies that can build a pipeline; and, WHEREAAS, AGIA appears to offer inducements that are reasonably calculated to bring about the expedited development of Alaska's natural gas resources in a competitive process and in a manner tYxat appears to provide for utilization and development consistent with the public interest and for the maximum benefit of Alaska and its people. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, in order to promote the expedited development of Alaska's natural gas resources, the Kenai City Council. supports passage of the Alaska Gasline Inducement Act (AGIA) offered by Governor Sarah Palin and that copies of this resolution be forwarded to Governor Patin, Lt. Governor Sean Parnell, and aII members of the 25~ Alaska Legislature. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May. 2007. PAfi PORTER, MAYOR 106 Resolution No. 2007-24 Page 2 ATTEST: Garol L. Freers, City Clerk 107 >;xl;cuTZV~ sulvl>vlA~x oz• AGIA March s, zoos PURPOSE: To encourage expedited development of Alaska's gas resources by offering incentives to companies that produce the state's gas resources and companies that can build a pipeline. INCENTNES FOR PIPELINE CONSTRUCTION: The state offers to match up to $500 million of the casts that the licensee will incur to obtain a certificate fi'om the Federal Energy Regulatory Commission or Regulatory Commission of Alaska. The state will appoint a state pipeline coordinator who will be empowered to coordinate amongst the state regulatory agencies with. permitting responsibilities. The state will develop its qualified labor force to support project COllStmetl0n. aIld Oper'dtlOIiS. INCENTIVES FOR GAS COMMITMENT; The state will adopt regulations to provide pradictabiliti5~ in the determination of royal.ry value and its exercise of its righf to take its royalty share in kind as gas or in value as money. The state also offers a production tax exemption for gas committed to the pipeline equal to the difference between the taxpayer's tax obligation defined in the tax law at "open season" (i.e., on the dap the first solicitation of gas cornmitmonts ends), and any higher obligation ttrat becomes effecfive for ten years after pipelhe start-up. LICENSE REQUIREMENTS: In order for applications to be evaluated, they mast commit to the sixteen requirements in AGIA; including, in particular: 1. a commitment to solicit f rm commitments to ship gas on the pipeline within 3 years of getting the license (the open season), Z. a firm date by which the applicant will apply to Federal Energy Regulatory Commission ox Regulatory Commission of Alaska. fax a certificate authorizing the pipetinc 3. a commitment to certain financial provisions that will keep tasiff rates low 4. a commitment to solicit demand for pipeline expansion at Ieast every two years, to expand when them is sufficient need. and fo collect the. cost of any expansions through "rolled-in" rates that pass expansion costs onto all shippers so long as rates do not increase more than a fixed amount above initial rates, s. a description of how cost overrun risks will be managed 6. a commitment to have at least five deltt~ery points in Alaska 7. a commitment to hire qualified Alaskans for construction and operation of the gas pipeline APPLICATION REVIEW CRITERIA: The Commissioners evaluate the applications under the seven criteria in AGIA: 1. proposed project timeline ?, proposed method. to manage cost overruns 3. proposed tariff rate structure 4. the ability of the project design to accommodate expansion 5. how much of the state matching fund will be used and the liming of the state's payments 6. whether the project is feasible 7. the applicant's ability to perform 108 RXECUTI~'E SUMMARY OF AGIA March 5, 2007 I?ROJECT PROCESS: The project begins when the Commissioners issue a request for applications no more than three months after AGIA passes. The application deadlhie will be established by the Commissioners in the notice. The Commissioners will publicly release complete applications and take comments for 60 days. Applicants can apply to protect proprietary information. or trade secrets included in their applications. The Commissioners forward a written decision recommending award. The legislature will then have 30 days after that notice to disapprove the Commissioners' proposed action. After a license is awarded, the licensee must complete an application to the Federal Energy Regulatory Commission or Regulatory Coaxunission of Alaska. The licensee must sanction the project within a year of receiving a certificate from flat Federal Energy Regulatory Commission if it loos adequate finanevag. If necessary, the licensee has an additional four years to obtain financing or transfer the certificate, and all associated work product, to another licensee designated by the state. If the project becomes uneconomic after the license is awarded, AGIA describes a process for relinguishn~g floe license that will enable the state to recover the benefit of its investment in the project by issuing another licensee. To encourage the licensee to corrunit to spend funds building the pipeline, the state agrees that if it provides financial benefits to another group to encourage the construction of a competing pipeline project after the license is issued, doe licensee is entitled to recover three times the amount it spent on the project from the state. N e/ 109 Suggested by: Administration CYTY OF KEDIAI ~o~.v~raorr xcs. zao~-2s A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $10,060 IN THE WATER AND SEWER FUND TO PURCHASE OPERATING SUPFLIES. WHEREAS, both the cost and quantity of sodium hypochlorite has increased over the year causing a budget shortfall in the Water and Sewer Fund Waste Water Treatment Plant Division; and, WHEREAS, funds are available in the Waste Water Treatment Plant Contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Water and Sewer Fund From: Waste Water Treatment Plant -Contingency $10,000 To: Waste Water Treatment Plant- Operating Supplies $10,000 PASSED BY THE COUNCIL OF THE CITY OF IiENAI, ALASKA, this 16~ day of May 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance; (OS/OSJ2007) hl 1Pa Suggested by: Administration CITY OF YfENfii RESOLUTION NO. 2007-26 A RESOLUTION OF THE COUNCIL OR THE CITY OF KENAI, ALASKA, SETTING THE PUBLIC HEARING DATE ON THE PROPOSED SHAMROCK CIRCLE PAVING DISTRICT. WHEREAS, the City of Kenai has received a petition to form a special assessment district in the above-mentioned paving project; and, WHEREAS, the Council. must set a date of public hearing on the proposed assessment district. NOW, THEREFORE, BE lT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the date of the public hearing on the proposed Shamrock Circle Paving Special Assessment District be set for June 20, 2007. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16~ day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk cif 111 ~~ ~;~,~. td~c~cizy pf f/ „~°~la~e wi`t~r ,~ bast, i~ity u~it~t a Fatr~re~° 210 Fidalgo Avenue, Kenai, Alaska 99619-7794 Telephone: 907-283-7535 /FAX: 907-283-36'14 1~~~~t 1992 M11EM0: TO: Gity Gouncii ~~~~y FROM: Rick Koch (~o- DATE: May 70, 2007 SlJBJECT: Proposed Shamrock Circle LID The purpose of this correspondence is to submit the manager's report to the council regarding the above referenced subject. On Monday; iti4ay 7a', T met with individuals owning property in Shamrock Circle, Blarney Circle and. Brannigan Circle to discuss the process of forming an LID for one, two, or all of the cul-de-sacs. I scheduled this meeting in response to having been contacted by property owners in Shamrock Circle on this subject. During the meeting it appeared there was strong interest from the Shamrock Circle property owners in farniing an LIB, but there was not strang interest from property owners in the other cul-de-sacs. On May 9th the City Clerk received a petition signed by 5 of the 7 property owners ir. Shamrock Circle. The estimated cost of the LID is $ 40,710.00. The estimated per lot assessment is shown on the attached dooument. Also attached find a map showing Shamrock Circle and property ownership. 112 SHAMROCK CIRCLE PAVING PROJECT CDST ESTI[~ATE FOR 50°Jo OV1lNER/5O°Jo CITY ®F KENAI LOCAL [MPRC?iIEMENT DISTR ICT Unit Cost ftem Descripti on Unlt Quantity Cost Sub-Total Asphalt 2" Ton 180 $ 100.00 $ 18,000.00 Crushed Aggregate Base Course Ton 350 $ 20.00 $ 7,000.00 Surface Preparation LS 1 $ 2,500.00 $ 2,SD0.00 Traffic Gontrol LS 1 $ 50Q.00 $ 500.00 Adjust Sewer Ctean-Out LS 1 $ 350.00 $ 350.00 Adjust Water Valve Bax LS 1 $ 350.00 $ 350.00 Sawcut Ex. Asphalt LS 1 $ 500.00 $ 500.OD Striping (Stop Bar} LS 1 $ 300.00 $ 300.D0 Sub-Total $ 29,500.D0 Engineering @ 20% $ 5,900.00 Confingency @ 15% $ 5,310.00 Total $ 40,710.00 PROPOSED ASSESSMENTS Legal Description Owner Lot 1, Donnybroak-Shamrock" Gonzalez Lot 2, Donnybroak-Shamrock Eddens Lot 3, Donnybrook-Shamrock Wahl Lot 4, Donnybrook-Shamrock ArEman Lot 5, Donnybrook-Shamrock Calix Lot 6, Donnybrook-Shamrock Isaacs Lof 7, Donnybrook-Shamrock' Capple Totals Property City of Owner Kenai Share Share Total $ 1,696.25 $ 1,696.25 $ 3,392.50 $ 3,392.50 $ 3,392.50 $ 6,785.00 $ 3,392.50 $ 3,392.50 $ 6,785.00 $ 3,392.50 $ 3,392.50 $ 6,785.00 S 3,392.50 $ 3,392.50 $ 6,785.00 $ 3,392.50 $ 3,392.50 $ 6,785.00 $ 1,696.25 $ 1,69"0.25 $ 3,392.50 $ 20,355.00 $20,355.00 $ 40,710.OD ` Lots Fronting Aliak Assessment Reduced 50°!0 113 ' I 1~ i I ~ ~I ~, a ttJa h ! ~ f} r-Finav~ ~ ~-- jC~'I~K ~ ~, ~---i ~ ~~ 1 1 ~ T ~ J ~ ~ ~ ~dev~s A` ~ ~ ~saa.cs j r'' ~ ~ r \~ ~ ti Gor~~le z ~ ,'~ Cv pf~, ,' I ~ ! ~ I 1 ~ ~ ~ 17C1~ ~ ~ ~, 1717 O CO Si 2 ~~4 172a AGENDA KENAI CITY COUNCIL -REGULAR MEETING MAY 2, 2007 7:00 P.M. KENAI CITY COUNCIL CYiAMBERS http: / /wwcs%.ci.kenai.ak.us ITEM A: CALL TO ORDER Pledge of Allegiance Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk {*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a councff member so requests, inwhich case the item will be removed from the consent agenda and cansidered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC CONIMENT5 (10 minutes) Shelly Brenneman, Kenai Watershed Forum and Kaleidoscoge Elementary School Representatives -- Creek Clean-Up, Adopt-a- Stream, and Stonn Drain Stenciling. 2. Josselyn Burks, Kenai Watershed Forum -- Kenai Shorebird Celebration and Workshop. 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.) Ordinance No. 2225-2007 -- Amending KMC 14.20.030 uy Adding the Central Mixed Use Zone (CMU) to the List of Established Zones. 2. Ordinance No. 2226-2007 -- Amending KMC 23.50.010 by Changing the Range of the Ptanner (Class Code 117) From a Range 14to a Range 16. 3. 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. 115 4. Ordinance No. 2228-2007 -- Amending KMC 7.32.020 and 7.32.030 by Repealing the Existing Language and Replacing it With New Language to Reflect Changes in Government Accounting Practices While Keeping the Requirement of a $500,000 Restricted Cash Reserve far Repair and Maintenance of the Congregate Housing Facility, 5. Resolution No. 2007-06 (as Substituted) -- Approving the Lease Form for Leases of Airport Reserve Property. (Clerk's Note: Resolution No. 2001-06 (as substituted) was postponed_from the April 4, 2007 CouncU Meeting. The motion to approve Resolution No. 2D07-06 is actiue.) a. Substitute Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. 6. Resolution No. 2007-18 -- Approving the City of Kenai Emergency Operations Plan and. Authorizing Its Execution by the Mayor and City Manager. (Clerk's Note: Resolution No, 2007-Z 8 was postponed from the April 18, 2007 Council Meeting. The motion to approve Resolution No. 2007-1 S is actioe.) 7. Resolution No. 2007-20 -- Authorizing the City Manager and Finance Director to Designate Personnel Responsible for Bankuig Duties. 8. Resolution No. 2007-21 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ice Resurfacing Machine. 9. Resolution No. 2007-22 -- Authorizing the Purchase of Tract A, Alaska State Land Survey No. 2004-25 From the State of Alaska, for Market Value, for a Future Water Well Site. 10. Resolution No. 2007-23 -- Transferring $8,850 in the Water and Sewer Fund to Purchase Land From the State of Alaska. ITEM F: MINUTES Regular Meeting of Apri14, 2007. (Clerk's Note: Approval of the April 4, 2007 minutes was postponed for adminisiratiue review. Technical amendments were made at Items E-6a and E-7a A motion for apnrovai is required.) 2. *Regular Meeting of April 1 S, 2007. April 18, 2007 Budget Work Session Notes ITEM G: UNFINFSHEB BUSINESS 115 Discussion -- Community Opinion Research Polt YTEM H: NELF BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2229-2007 -- Increasing Estimated Revenues and Appropriations by $12,000 in the Senior Citizens Fund for Operating Supplies. 4. *Ordinance No. 2230-2007 -- Amending KMC 21,10.090(d)(1j and (2) by Establishing Different Requirements for Deternuning the Length of a Lease Extension and Extending ttae Maxhnum 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. Approval -- Update/Kenai City Gouneil Policy for Commission, Corrunittee, Board and Council on Aging Meetings and Work Sessions. 9. Approval -- Council on Aging By-Law Amendments 16. Discussion -- Dip Net Dock/Beach Parking Fee Discounts for City Residents. 1 1. Discussion -- Schedule Executive Sessions/Armual Evaluations df City Manager, City Attorney and City Clerk. ITEM I: 2. 3. 4. 5. 6. 7. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commussion Library Commission Parks & Recreation Commission Planning 8 Zonizzg Commission Miscellaneous Commissions and Committees 117 a. Beautification Committee b. Alaska Municipal League Report c. Joint Kenai River Working Group ITEM ,T: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. CityClerlc ITEM L: Citizens (five minutes) Council YTEM M: PENDING LEGISLATION (This item tists tegistation which will be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.Q5.090 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. (I / 17/07, Tabled, no firrte certain.) Ordinance Na. 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 Conunercial, 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 Maul Street Loop, North Willow Street and Airport Way. (4/4/2007, Tatted, no time certain.} EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT 118 KENAI CITY COUNCIL -REGULAR MEETING MAY 2, zooa ~:oo P.nR. KENAi GITY GOUNCIL CHAMBERS htto; //www.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.rn. in the Council Chambers in the Kenai City Hall Building. A-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A 2. ROLL CALL A quorum was present. Also present: Adam DeMello, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted additional information as: Item E-2 -- Ordinance No. 2226-2007, Additional Information Item E-7 -- Substitute Resolution No. 2007-20 Item F-3 -- Remove from consent agenda for correction MOTION: Councll Member Moore MOVED far approval of the agenda, noting the requested items for inclusion and requested UNANIMOUS GONSENT. Council Member Swamer SECONDED the motion. There were no objections. 50 ORDERED. A-4. CONSENT AGENDA MOTION: 119 The City Clerk took roll. Present were: I{ENAI CITY COUNCIL MEETING MAY 2, 2007 PAGE 2 Council Member Eldridge MOVED approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. MOTION TO .AMEND: Council Member Boyle MOVED to remove Item H-4, Ordinance No. 2230-2007 from the consent agenda and Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: *Student Representative DeMello: Yes VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes} B-1. Shelly Brenneman, Kenai Watershed Forum and Kaleidoscope Elementarq Schoal Representatives -- Creek Clean-Up, Adopt-a- Stream, and Storm Drain Stenciling. Brenneman introduced students from the Kaleidoscope Elementary School who gave a presentation about the Adopt-a-Stream program and their efforCS to cleanNo-Name Creek. A request was made to allow stencilvig of fish around street drains and culverts and the children invited aIl to assist in the May 4, 2007 clean-up of No-Name Creek. MOTION: Council Member Swarner MOVED to accept the proposal to do the stenciling on the storm drains and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. There were no objections. SO ORDERED. B-2. Josselyn Burke, Kenai Watershed Forum -- Kenai Shorebird Celebration and GVorkshop. 120 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MAY 2, 2007 PAGE 3 Burke reported on the upcoming Shorebird Celebration to be held at the Kenai Convention & Visitors Bureau from May 16-19, 2007. ITEM C: UNSCIiEDULED PUBLIC COMMENTS -- None. ITEM D: REFORTS OF KPB ASSEMBLY LEGISI.ATOIZS .AND COUNCILS None. ITEM E: PUBLIC HEARINGrS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2225-2007 -- Amending KMC 14.20.030 by Adduig the Central Mixed Use Zone (CMU) to the List of Established Zones. MOTYON: Council Member Eldridge MOVED for adoption of Ordinance No. 2225-2007 and Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: MOTYON PASSED UNANIMOUSLY. E-2. Ordinance No. 2226-2007 -- Amending KMC 23.50.010 by Changuig the Range of the Planner (Class Code 117) From a Range 14 to a Range 16. MOTYON: Council Member Ross MOVED to adoption of Ordinance No. 2226-2007 and Council Member Eldridge SECONDED the motion. There were no public comments. Reference was made to the additional information related to the ordinance distributed at the beginning of the meeting. City Manager Koch reviewed the information and recommended. the change in range and noted there 121 Student Representative DeMello: Yes KENAI CI'T`Y COUNCIL MEETING MAY 2, 2067 PAGE 4 was no difference in education requirements between the former job description and new one, MOTION TO POSTPONE: Council Member Swarner MOVED io postpone action on the ordinance untii the next meeting (May 16, 2007). Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANDs20IISLY. E-3. Ordinance No. 222'7-200? -- Amending I{MC 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. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2227-2067 and Council Member Moore SECONDED the motlon. There were no public or council comments Administration requested to have action on Ordinance No. 2227-2007 postponed until the Airport Coxrunission could review it MOTION TO POSTPONE: Council member Molloy MOVED to postpone May l6, 2007 to all the Airport. Commission to review it at its May 10 meeting. Council Member Ross SECONDED the motion. VOTE ON POSTPONEMENT: "Student Representative DeMello: Yes 122 *Student Representative DeMello; Yes KENAI CITY COUNCIL MEETING MAY 2, 2007 PAGE 5 Moore Yes Swarner Yes Eldrid e Yes Ross ~ Yes Molloy Y"es Bovle Yes I Porter Yes ! MOTION PASSED UNANIMOUSLY. E4. Ordinance No. 2228-2007 -- Amending ffiVIC 7:32.020 and 7.32.030 by Repealing the Existing Language and Replacing it With. New Language to Reflect Changes in Govermnent Accounting Practices While Keeping the Requirement of a 5500,000 Restricted Cash Reserve for Repair and Maintenance of the Congregate Housing Facility. MOTION: Council Member Ross MOVED to adopt Ordinance No. 2228-2007 and Councll Member Moore SECONDED the motion. There were no public comments. An explanation of the language was provided. VOTE: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Molloy i Yes Boyle ~ Yes ~ Porter Yes j ~ MOTION PASSED UNANIMOUSLY. E-5. Resolution No. 2007-06 (as Substituted) -- Approving the Lease Form for Leases of Airport Reserve Property. (Clerk's Note: Resaiutlon No. 2007-06 (as substttutedJ was postponed from. the AprQ 4. 2007 Cowzcil Meeting. The motion to approue Resolution No. 2007-06 is active.) There were no public comments. Concern was expressed in taking action on the resolution prior to the Airport Commission's review of Ordinance No. 2227-2007. MOTION TO POSTPONE: Council Member Ross MOVED to postpone action on Resolution No. 2007-06 and Council Member Boyle SECONDED the motion. 123 KENAI CPI'Y COUNCIL MEETING MAY 2, 2007 PAGE 6 A requesf for information was made to indicate why aircraft salvage operations should not be allowed within the reserve and where such an operation would be allowable within the city. VOTE ON POSTPONEMENT: MOTION PASSED UNANIMOUSLY. 5-a. Substitute Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. No action was taken. E•6. Resolution No. 2007-IS -- Approving the City of Kenai Emergency Operations Plan and Authorizing Its Execution by the Mayor and City Manager. (Clerk's Note; Resotution No. 2007-18 was postponed,from the April 18, 2007 Council Meeting. The rnation to approve Resolution No. 2007-18 is active.) There were no public comments. It was explained, the Plan was prepared for handling Large-scale ar manmade disasters. A funding source is being researched to target water disasters. The Airport Master Plan includes direction related to airport disasters. VOTE: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldrid e Yes i Ross ~ Yes Molloy Yes ~ Boyle Yes Porter ~ Yes MOTION PASSED UNANIMOUSLY. 124 `Student Representative DeMello: Yes KENAI CITY COUNCIL MEETING MAY 2, 2007 PAGE 7 E-7. Resaiution Na. 2007-20 -- Authorizing the City Manager and Finance Director to Designate Personnel Responsible far Banking Duties, MOTION: Council Member Moore MOVED for approval of Substitute Resolution No. 2007-20 (distributed at the beginn0zg of the meeting} and Council Member Swarner SECONDED the motion. There were no public comments. It was noted, the current policy required a change in check signers to be approved by resolution; comments included cowZCi1's responsibility for internal control through the approval of resolutions to change signers; it was suggested more information be acquired related a policy for bonding and/or background cheeks of those people authorized to sign checks; tt,e substitute resolutian would require a listing of all signers be presented to cauncil yearly; and, changes in future audit processes may require council approval of check signers be reauired by resolution. VOTE ON SUBSTITUTE RESOLUTYON: *Student Representative DeMello: Yes Moore Yes Swarner Yes Eldrid e Yes Ross Yes Mo11o Yes Boyle i Yes Porter Yes MOTION PASSED UNANIMOUSLY. E-8. Resalution No. 2407-2I -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ice Resurfacing Machine. MOTION: Council Member Moore MOVED for approval of Resolution Na. 2007-21. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. Bob Peters, OId Town, Kenai -- Suggested not to use funds from the Equipment Fund, but to increase ice rental charge to pay off the cost of the equipment. It was noted, both old machines may be kept for parts and the ice rate would be increased to $115/hour. VOTE: 125 KENAI CITY COUNCIL MEETING MAY 2, 2007 PAGE 8 There were no objections. SO ORDERED. E-9. Resolution No. 2047-22 -- Authorizing the Purchase of Tract A, Alasl~a State Land Survey No. 2004-25 From the State of Alaska, for Market Value, for a Future Water Well Site. MOTION: Council Member Moore MOVED for approval of Resolution No. 2007-22 and Council Member Eldridge SECONDED the motion. There were no public or council comments. It was reported a well had been drilled on the property previously and the water was not acceptable; the property could be used for a future public purpose; there was no current pion for use of the property; and, the property is adjacent to a contiguous water 1u~e. VOTE: There were no objections. SO ORDERED. E-10. Resolution No. 2007-23 -- Transferring 58,850 in the Water and Sewer Fund to Purchase Land From the State of Alaska. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2007-23 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of April 4, 2007. (Clerk's Note: Approval of the Aprtt 4, 2007 minutes was postponed for administrattve reuiew. Technioal amendments were made at Items E-6a and E-7a. A motion,for approval is required.) MOTION: 126 KENAT CITY COUNCIL MEE'T`ING MAY 2, 2007 PAGE 9 Council Member Moore MOVED for approval of the April 4, 2007 Regular Meeting minutes. Council Member ~Rvarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. F-2. Regular Meeting of Aprifl 1S, 2007 -- Approved by consent agenda. F-3. April 18, 200? Budget Work Session Notes -- Removed from. the consent agenda to correct Item 3-a. MOTION: Council Member Moore MOVED for approval of the April 18, 2007 budget work session notes and Council Member Eldridge SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM G: UNFINISHED BUSINESS G-I. Discussion -- Community Opvvon Research Poli Council. reviewed the suggested questions. Changes were made as follows: Question 1 -- Okay as presented. Question 2 -- Define distance of project, i.e. along the Kenai River to above the Senior Center, approximately 5,000 feet. Question 3 -- Change $I2 million to $i5 million Question 4 -- Add "to double the size" Question 5 -- Change first sentence by adding, "estimated to cost in excess of $5 million." Question 6 -- Okay- as presented. 127 *Student Representative DeMe11o: Yes KENAI CITY COUNCIL MEE'T'ING MAY 2, 2007 PAGE 10 Question 7 -- Remove the question and include "What do you consider the most important issue facing the city of Kenai?" as the question. Question 8 -- Okay as presented. Question 9 -- Change to "Do you own real property in the City of Kenai?" ITEM II: NEW BUSINESS H-I. Bills to be Ratified MOTION: Council Member Swarner MOVED to ratify the bills exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no olajections. SO ORDERED. H-2. Approval of Purekase Orders Exceeding $15,000 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2229-200? -- Increasing Estimated Revenues and Appropriations by $12,000 in the Senior Citizens Fund for Operating Supplies. Introduced by approval of consent agenda. II-4. Ordinance No. 2230-2007 -- Amending KMC 2 L 20.090(d)(1) and (2) by Estalalislung 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: %28 KENAI CITI' COUNCIL MEETING MAY 2, 2007 PAGE 11 Couneii Member Boyle MOVED to introduce Ordinance No, 2229-2007 and Council Member Molloy SECONDED the motion. There were no public comments. Discussion followed related to current lease requirements; term of leases; why the change in lease term; and, the suggested lease terms. VOTE ON INTRODUCTION: MOTTON PASSED UNANIMOUSLY. H-5. Ordinance No. 2231-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund for Paving Vehicle Parking. Introduced by approval of the consent agenda. H-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. Introduced by approval of the consent agenda. H-7. Ordinance Na. 2233-2007 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Fund for Construe6on and Paving a Cargo Pad. Introduced by approval of the consent agenda. H-8. Approval -- Update/Kenai City Council Policy for Commission, Committee, Board and Councii on Aging Meetings and Work Sessions. MOTION: Council Member Malloy MOVED to approve the update of the Kenai City Council Policy far Commission, Committee, Board and Council on Aging Meetings and Work Sessions and Council Member Boyle SECONDED the motion. 129 *Student Representative DeMello: Yes KENAI CITY COUIlTCIL MEETING MAY 2, 2007 PAGE 12 VOTE: MOTION PASSED UNANIMOUSLY. H-9. Approval -- Council on Aging By-l,aw Amendments MOTIONt Council Member Boyle MOVED to apprrove the Gouncil on Aging By-Law Amendments and Council Member Molloy SECONDED the motion. VOTE: '"Student Representative DeMella: Yes Moore 'Yes ! Swarner Yes ~ Eldrid e I Yes I i Ross ;Yes i Mo11oY ~ Yes Boyle I Yes MOTION PASSED UNANINFOUSLY. Ii-I0. Discussion -- Dip Net Dock/Beach Parking Fee Discounts far City Residents. A brief general discussion Took glace related to information included in the packet from Couneii Member Moore suggesting the initiation of a resident-only parking and launching pass. Reference was also made to the City Attorney Graves' memorandum opinion discussing the Public Trust Doctrine related to tidelands. Council requested an update of the city attorney opinion and the issue be included on the May 16, 2007 council meeting agenda with back-up information to include capital project costs, i.e. expenses incurred, funding which would need to be transferred to the General Fund, grants for cleaning the beach, etc. H-11. Discussion -- Schedule Executive Sessions/Annual Evaluations of City Manager, City Attorney and City Clerk. Council scheduled the executive session for June 6, 2007. 130 *Student Representative DeMello: Yes KENAI CITY COUNCIL MEETING MAY 2, 2007 PAGE 13 ITEM I: COMMISSIONfCOMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the next, meeting would be held on Thursday, May 3, 2007. T-2. Airport Commission -- Council Member Molloy reported the next meeting would be held on Thursday, May 10, 2007. I-3. Hazbor Commission -- No meeting. I-4. Library Commission -- Council Member Swarner reported on the meeting held on Tuesday, May 1, 2007. She noted she would not be available to attend the June meeting. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held in Juiy. I-6. Planning & Zoning Commission -- Council Member Ross referred to minutes of the April 11 and 25, 2007 meetings which were included in the packet and reviewed actions taken. I-7. Miscellaneous Commissions and Committees I-7a. Beautifacation Committee -- Council Member Swarner reported the next, meeting would be held on Tuesday, May 9, 2007. I-7b. Alaska Municipal League Report -- Council Member Swarner reminded all of the National Association of Counties conference to be held in Fairbanks in May and the AML Summer Legislative meeting to be held in Healy in August. Y-7c. Joint Kenai River Working Group -- Council Member Moore noted no action had been reported from the agencies to date. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported on the following items: • She attended the Caring for the Kenai banquet; Red Hat Parade; Kenai Peninsula College reception; I{CHS/Senior Center dance; and, Giri Scout Tea. • She and teanunates participated in the Quiz Bowl fundraiser. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following 131 KENAI CI'T'Y COUNCIL MEETING MAY 2, 2007 PAGE i4 • He attended the May 1, 2007 Library Commission meeting where concerns were expressed related to Sunday closings during the summer months which would be brought to council for further discussion at its Map 16, 2007 meeting. ® Reviewed open enforcement aMions. Other comments included: • Cit}= administration has not considered suing Aurora Gas far not providing gas as other entities are doing. • The neu= recording equipment, physical change in the chambers, etc. will be addressed prior to the end of the fiscal year with concerns incorporated. • A budget adjustment will be required for purchase of software to archive records. • A request was made to provide a rundown of the last four months' operations at PRISM. • A suggesflon was made to Challenger to install separate meters for water and sewer uses. K-2. Attorney -- Reported he would be attending the May 20, 2007 Airport Commission meeting to assist in its review of Ordinance Nos. 2227-2007 and 2230- 2007. Council Memher Molloy referred to his memorandum included in the packet related to developing a process for video coverage of city councff meetings. The issue was requested to be included on the May 16, 2007 council meeting agenda. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-I. Citizens -- Bob Peters, Old Towne, Kenai -- Commented an Sunday openings at the Library; spoke in opposition to sunsetting of the Harbor Cormmission; suggested contacting Keith Kornelis to make application for appointment to the Harbor Commmission; stated his interest in applying for appointment to the Harbor Corsunission; and, suggested adding penalty language to "dangerous b1ufF' signs. L-2. Caunail Molloy -- Thanked council for allowing him to telephoiucally participate in the meeting. I32 KENAI CITY COUNCIL MEETING MAY 2, 2007 PAGE 15 Moore -- Thanked Peters for his comments related to the Harbor Commission and offering to volunteer to he a member. Swarner -- Suggested signage at bluff stating "No RVs"; reported the annual used book sale will be scheduled at the library; and, reminded all of the Homer Electric Association annual meeting. Eldridge -- Offered a brief report on the forum presented by the Economic Development District and stated support of the continuation of the Harbor Commission. DeMello -- Reported the May 16, 2007 meeting would be his last; he would participate in the senior trip was scheduled for May B; the student council is reprising the KCHS constitutian; and, amulti-school swing dance is being planned. Ross -- No comments. Boyle -- Stated concern the signage at the bluff should be attended to before the summer months, and believed it would be appropriate to do a general interest survey and focus on youth desires. ITEM M: PENDING LEGISLATION (This item Lists legislation which wit[ be addressed at a later date as noted) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the L'~se 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 / I 7/07, Tabled, no time certain.) Ordinance No, 2220-200? -- 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 Coxrunereial, 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.) EXECUTIVE SESSION -- None Scheduled ITEM M: There being no further business before the Council, the meeting adjourned at approximately 10:15 p.m. 133 KENAI CITY COUNCIL MEETING MAY 2, 2067 PAGE 16 Minutes submitted by: Carol L. Freas, City Clerx ~e student may cast advisory votes on ail matters except those subject to executive session discussion. Advisory votes shad be castprior to the off~ciai counci? vote and shall not affect the outcome of a vote. Adursorz~ cotes shah be recorded it the minutes. Student representatives may not moue or secottd ifems during a council meeting. 134 r z V 4 r O N N' N W J H <n O N M h r J 4 .a O } .~ n O Q r rt cV m 0 0 rn rn F 0 0 !^ 4 ti O U' z W d U z O ca W C'J 5 U M W W U U W J W K W O T N W 4 .~ E. W a W !- 5 O W S C3 th d Z 4 Q I35 e C M ti a i c°v i ~ r i ~ t ~ 1 } li D d f ~ 9 ~ . F- i ~ ~ ~ ~ ~ U i UO v ° ° o o i+ tt O r. tfJ O c~ ~a o C M N N N Z J (A ~ a m ~ z ~ ~ ¢ ~ ~ W x o z ~ ~ °o N rn r CV z C w w z Z W W 4 ¢ ~ 4 Q ~ m t/7 ff~ W U ' ~S '~i q ' fY ~ a p ~ o a a a U z_ Z U ~Z ~n w ~ ~ ~ ~~ ~ w wm ~ ut u~i ~ ~ o~ ~ - z _6 o ~ ni ~ F W ~ a w ~ m C Q J O (~ Z tY U ' ~ ~ ~ j CC _ t!1 K ~ ?u U ~~ U ~ K t- ~ w J ~ W U W ~ a 0 4 ~ o u. z ~ F g d d J N xa a Z O y U N ~ LL 0 r-~ o m O (O O M O ~r C1 h m t N ti O fII O r O M O O N r E* r z oa N ~- C ~ D d O N I~C~ M z 0 ~a W ~ ~ U J ~ W ~ U Z_ Z Z ~ } ~ ~ Suggested by: Administration CITY OF K~NAI ORDTNANCE NO. 2234-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS 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 $2,400 for the purchase of components of the disc golf course. NOVd, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as foIlows: General Fund Increase Estimated Revenues: Miscellaneous Revenue ~w2,000 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: Approved by Finance:-~ (OS/07J2007) hl May 16, 2007 June 6, 2007 June 6, 2607 137 . ti ' O ~ O ~ N r ~ ~ P i a ~ ~ I i ,O i~ ~Z f° ~ W I ~ ~ J_ U -a i0 ° ° ° 2 v o, o o ~ ° N a ~ N V' n O 'd' o O N m N N N F z O U 6 a~ W 0 ~I O 0 z w Z O a a J_ ~ ~ ~ z ~ _ a w z c n y x ~ p z ~ y z ~ z ~ a ~ ~ w w a ~ z w ° _ y m w c~ 0 o ~ w ~ a a ~ a c~ cs F- U Q Z O ~ ~ W U ~S m ~ W W W ~ ~ a p ~~ . ¢w a p wa S j F p Z~ m ~ Q ~ NV ~ ~ C9 2 ~~ ~ ?tai. U p~ U y ~ H V W J ~ W = U ~ W Q a = a U' ~ ~- ~ o ~ m 0 M O q d r m J `- N a N p I- I~ O CD O O M O o ~n z p~ O F _ to w o O w 6.' a ~ U a a o ~ o ~ ~ ~ ~ ~ ~ M 0 t v n: m ~ z p ~_ Z W Z z ~ O z cn h W J U ~ U ~ ~ p cn m W D ~ U Q Z U a z ~ ~ y w Z X W S LL U O ~ O ~ ~ U Z z ~ ~ ~ Suggested by: Administration CITY C9P` KENAI ORDINANCE NO. 2235-2007 AN ORDINANCE OF THE COUNCIL OF fiHE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND AFPROPRTATIONS BY $3,000 IN THE GENERAL FUND FOR POLICE CANINE PURCHASE AND TRAINING. WHEREAS, Central Peninsula Crimestoppers has agreed to be a repository for private donors to give to the Kenai Police Department Canine Pragram for police canine purchase and officer/canine training; and, WHEREAS, Central Peninsula Crimestoppers Kenai Police Department Canine Program Fund has $3,000 in 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 Canute Officer Academy in Fairbanks, Alaska from May I3- July 21, 2007; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its Canine Offscer 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 Introduced: Adopted: ~~~~,,,,~~ Effective: Approved by Finance:~l~~~ (05J07/2007j hl May 16, 2007 3une 6, 2007 June 6, 2007 13~ Suggested by: Administration CIfiY OF KENAI ORDINANCE PiE3. 2836-2007 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 than the tenth day of June, adopt 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 examinafion 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 I, 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 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 fine 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 388,884 139 Ordinance No. 2165-2006 Page Two 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: May 16, 2007 Adopted: June 6, 2007 Effective: July I, 2007 Approved by Finance:-- (OS/07/2007} h1 140 f ;~ ... 'tbe city Uf J/ "~~((r~~e uvit~t ~ mast, ~it~ wit~t ~ ~r~tu~°e" 210 Fida{ga RvGnue, Kenai, Akaska 9gu11-7794 ,1 ?eiephane: 907-288-7535 /FAX. 907-283-3014 14~~~r 1942 titE:~10: ~~: CrLty ~ia'ttt1 C1I FROM: Rick Koch DATE: Apri[ 12, 2007 SUBJECT: Kenai Ntunicipal Library, Nan-Alaska Resident Fee The Library Direcfor has established a registration fee of $ 25 for out-a =state residents using the Kenai Municipal Library. Please find attached a memorandum from Man' Jo Joiner to me on this subject. The purpose of this correspondence ie to request that the Council approve the registration fee. Thank ynu for your attention in this matter. attachment 1~i MEMOrAranulvl TQ: IZict: Koch, Cuy Manager Ff2OM: 1vFary Jo Joinor, Library Director ~C ~1 J DATE: T1 April 2007 SUBJECT: Out-of-state fae for tibracy patrons At their April meeiing the Liorar}' Commission passed a motion to suggest to the City Caunc7l. that the library char~a a regisration fee of $25 for otxF-of-state residents for a card which would wver a two-year period. Kenai property owners who have a primary residence out-of-state wonld he exempt iiom this tee. Primary identiticatton to establish residency could be aIt Alaska. driver's lioense. 142 "£o: Council From: Joe Re: City of Kenai resident only parking and Launching passes. Who is a resident? - Properly owner - Renter/Lessee with household physically residing in the city limits. Proof - Borough. real property tax rolls - I-3~ABnstar/ACS/City of Kenai- utilities - Current rent/]ease agreement One pass per head oP household. Pass would be goodfor parking ot'iaunching. Passes picked ap at city hall. Vehicles to be used would need to be declared and the vehicles must be registered to the residenUpropertynwner. Could have multiple vehicles. Registrations filled out by resident/property owner and turned in with necessary documentation and ID. Justification- We have. always had a parking lot or access at the north and south beaches and have always had. a boat launch at the city dock. We were able for many many years to provide access and amenities to handle the iota] residents and regular visitors. It was only with the unfunded mandate of the State of Alaska dip net fishery that the existing services were Taxed to the point where we were required to expand our services and charge a fee. These fees have generated a surplus to the cities general. fund over the past several years. Why not pass this surplus on to The local. residen*s(property owners? I don't believe the loss in revenues for this privilege would cause harm to the financial side of managing this fishery. Thanks 3oe Moore 143 ~~ i ~. ---~ _: :~. ``~ the uty a f ~/ ttENAC~ SKA "'fc'f~~9e w~~a ~ Past, G~ wat~i a ~~t~~e °` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 !Fax: (907) 283-3(114 www.ci.kenai.ak.us TO; Mayor Porter and the Kenai City Council PROM:~'+~ Caiy R. Graves, City Attorney DATE: ~tay11,2007 RE: Public Trust Dacfrine and Differential Fees T.>tTTR(}DUCTION Councilor Molloy requested I update my previous research regarding the Public Trust Doctrine and. beach parking fees My previous memoranda on the doctrine were done in 2062 and 2004. I took this opportmiity to take a fresh look at my earlier research. This memorandum is longer than 1 anticipated but I felt it was necessary to give the Council sufficient background regarding the doctrine. THE PUBLIC TRUST DOCTRINE The Public Trust Doctrine is a Iegal doctrine whieh "provides that public trust lands [tidelands], waters, and Living resources in a State are held by the State in trust for the benefit of all. the people, and establishes the right of the public to fully enjoy public trust Lands, waters and living resources for a wide variety of recognized public uses... The doctrine articulates not only the publio rights in these land and waters; it also sets limitations on the States, the public and private owners, as well as establishing duties and responsibilities of the State when managing these public trust assets."~ The public trust doctrine originated in Roman Civil Law. In 530 A.D., the `'Institutes of Justinian" contained a provision stating: "By the law of nature these things at:e common to all mankind; the au, running water, the sea and consequently the shores of the sea.„s It was incorporated into English Common Law and made part of American Law by the United States ~ David Slade, et. aL, Putting the Public Trust Doctrine Co Work, P. 3, (Second Edition 1997), The Public Trust Doctrine: A Gift From a Roman Emperor, David C. Slade, htlv://www.wsn.or~~lissuesJ'PIC3~ubstxustd~cJlntt(. ,Memo Page 1 0£6 5l11120U7 12~.t1 PM Puhtic Trust Doctrine, and Differential Pees li:IMy DocumenESlCounei11Pu01ic "trust Memo 0507.doc 144 Supreme Court in Illin~ozs Central Railroad v. fllino~is, 146 U.S. 387, 13 S.Ct. 110, 36 L.Ed 1018 (1892). The doctrine means that there is a public use easement on tidelands between the mean high and low water marks. The easement is flexible in that it moves with the changes in the location of the water marks due to erosion, accretion or reliction.3 For example, if the mean high water mark moves inland because of erosion, the public use easement moves with ic.4 The case law on the public trust doctrine deals with two separate areas of the beach. The distinction is impm7ant. The "wet beach" is the area between the mean high and low water marks. The "dry beach" is the beach area above the mean high water mark. In this case the city boat launch would be part of the wet beach and the city parking Iots would be pant of the dry beach. In Illinois Cerzfral Railroad the supreme court held that the states hold tidelands (land in between the mevi high water and mean low water mark) "in trust for the people of the state that they may enjoy the navigation of the water, carry on commerce over thern, and have liberty of fishing therein freed from the obstruction. or intet•ference of private parties."' Each individual state has the right to define what lands are included in the doctrine azzd what rights are protected by it.s Oregon, for example, considers the tideland area covered by the doctrine to lie fs'om the mean low tide mark to the visible line of vegetation, not the mean high tide line. Initially, the doctrine otrly required public access for fishing, hunting and navigation for the wet beach. However, since the Illinois Central Railroad decision, most courts have expanded the public trust doctrine to include wet beach access to publicly owned beaches for swimming and recreations Beginning in the early 180Us and continuing until twenty-first century courts have struck down municipal attempts to restrict use of the wet beach area to local residents only 9 Courts in Massachusetts and Maine have not included the right to wet sand. beach access for swimming and recreation as part of their states' pubffe trust doctrine. Those rulings are based on courts' findings that colonial residents of the area did not use beaches for bathing and hence acquired no such public access right under colonial ordinances. However, residents of those ' Rsiiction is the gradual recession of wafer leaving the land permanently. Accretion is an increase of land by natural forces. 1988 Alaska Op. Atty. Gen. (inf) 351. ' 146 U.S. at 452. ~ Phillips Peo•oleunz v. Mississippi, 484 U.S. 469, 475 (1988); Cavanaugh v. Town afNan•agansen, 1997 R[. Super. LF,X[S ll3, (2v.J. Super. Ct~ 1.997). ~ State eu rel T&onon v. Hay, 462 P.2d 671(Or. 1969). s Borough afNeptune Clg~ a Borough of Avon by-the Sea, 294 A.2d 47 (N'.7, 1972)(Pubfic trust doctrhte includes use for recreation, swimming, bathing and other shore activities), White v. Hughes, 190 So. 446 (Fla. '1.939)(Doetrine includes right to use area.'for bathing and swimming). v Hgvden •~~. Noyes, 5 Conn. 39I, 397 {I824)(Strilcing down town law restricting use of local fishery to town residents only); Leydon x To77nz ofGreemvich, 750 A.2d ll22, 1126 (Conn.. App. 2000) affd az other grounds, 777 A.2d 552 {Conn. 2001). (Restriction of munioipaf beach use fo towa residents only was illegal ender the Public. Trust Doctrine); Gerwlts v. Cir)~ of Long Beach, 69 ivCisc. 2d. 763, 330 N.Y.S. Znd 495 (1972 i\l'.Y. lvtisc.). A4emo Page 2 of 6 5/ll/2007 12:08 PM Pu6tic'Trust Doctrine and DifTerenfial Fees U:wly Uocuments\Council\I'ublic Trust Memo OS(i7.doc 145 states do have the right to access the wet beach area for "fishing, fowling, ahd navigation".10 Interestingly, the public trust doctrine in hTew Hampshire (whose coastline is located in between that of Maine and. Massachusetts} does grattt its residents the right to use wet beach area for recreational purposes.L~ In California, the public izust doctrine includes, "the right to use California's water resources for: navigation, fisheries, commerce, environmental preservation and recreation; as ecological. units for scientific study; as open space; as environments which provide food and habitats for birds and marine life; and as environments which favorably affect the scenery and climate of the area."tz The United States Supreme Court has noted that caution should be applied in applying the case law from one state to cases arising in another because, "Each. state has dealt with the lands under the tidewaters within its borders according to its own views ofjustice and policy."t3 Except for. Maine and Massachusetts, the modern trend is for states to broadly interpret the public's rights under the doctxine.14 BEAChI ACCESS AND FACILITIES FE11S The Public Trust Doctrine does not mean that municipalities may not regulate the wet beach area In Lusardi u. Curtis Point ProlZerly ChvnersAsroc. 430 A.2d 881, 888 (N.). 1981} theNew .Tersey Supreme Court stated that the public trust doctrine: [D]oes not mean that the Township may not... achieve its valid objectives of avoiding unnecessarily disruptive behavior, overcrowding, Littering, or of protecting environ- mentally fragile oceanfront property, such as irreplaceable sand dunes, for the benefit of future generations. The problems can be alleviated through reasonable ordinances directed at specific abuses and. through the use of the general police power. Mmiicipalities tnay charge fees for use of the public trust wet beach area.15 The general rules are that the fees must be reasonable,16 not discriminate against out of town residents,17 and designed to fund the maintenance and operation of the beach area.jx In Anon, the New Jersey Supreme Court noted that, "while municipalities my validly charge reasonable fees for the use of their 10 Opirzian ofJustlces, 437 A.2d 597 (,'die. ] 981); Bel! v. Inhabitants q~'Wells, 1987 Me. Super. LEXIS 256 (Me. Super. Ct. Sept. 14 1987); Opinion of.luusticer, 3 t3 N.E.2d 561 (Mass. 1974). " Opinion oJJusttces, 139 N. H. 82 (1994). iz California State Land Commission, Ca1LPornia's Rivers, A Public Trust Report-Executive Summary vi (1993). r3 Shively v. Bowlby, 152 U.S. 1, 26, (1894). `° Robort' George, Comment: "The "Public Access Doctrine":Our Constitutional Right To Sun, Surf; and Sand. 11 Ocean & Coastal Lan+Journal 73, 77 (2005,x2006). 15 State of Wisconsin n. Linn, 556 N. W. 2d 394 (Wisc. App. 1996)(Boat lawtch'fees allowed}; City of New Smyrna Beach v. Board of77ustees, 543 So. 2d 824 (Fla. Dist. t989)(Upholdingbeoch access fee for motor vehicles); ~~ Borough nfNeptune Ciry v. Borough of Avon-by-the Sea, 294 A.2d 47 (N.7. 1972) Yan Ness v. Borough of Deal, 393 A.2d 571., 572 (N.7. 1978}. ie Slocaem v. Borough ofBelniar, 569 A.2d 312, 316 (N.J. Super. Ct. 1989)(Public access fee allowed. to fund maintenance of beach area}, Memo Page 3 of:6 5/11/2007 12:08 PM Public "Crust Doctrine rmd Differential Fees lJ:\My Documents\Ccuncil\Public Trust Memo 0507.doc 146 beaches, they may not discriminate in any respect between. their residents and non-residents.'>r9 Seasonal rate discounts or discounted ticket booklets are allowed as long as they do not unduly discriminate against non-residents,zo In New Jersey the courts have held that where the dry beach area and facilities are reasonably necessary to utilize the acecss to the wet beach, municipalities may not discrimitate in fees between residents and non-residents.zr In reaching that conclusion, the New .iersey Supreme Court held that use of the dry land facilities can be inseparable from use of the wet beach.22 In Connecticut, an appellate court has indicated that a higher fee for non-residents might be Legal, but only if any non-resident surcharges were miturnal '3 Some states have allowed higher non-resident fees. An Illinois court has held that charging a higher moorage rate to non-residents was legal if the fee was designed to equitably recapture a fair share of the capital and operational costs otherwise born by the taxpayers.z". In Rhoda Island, a [over cotu-t held that charging a higher non-resident fee was alCowed tinder that state's public trust doctrine, but only as tong as out of state non-residents paid the same fee as in state non-resrdents.25 A federal district court in Rhode Island held that municipalities could discriminate between residents and non-residents regarding use of the beach.zs However, that opinion is very questionable because the court did not even mention the Public Trust Doctrine in its legal analysis. PUBLIC TRliST DOCTRINE IN ALASKA. Article VIII, §14 of the Alaska Constitution states, "Free access to the navigable or public waters of the State, as defined by the Legislature, sha11 not be denied any citizen of the United Stales of resident of the state, except that the Legislature may by general law regulate and limit such access for other beneficial uses or public purposes." 27 This clause incot~porates the Public Trust Docu-ine into Alaska's constitutiotl 28 AS 38.05.126(a} expkains that constitutional right and provides that, "The people of the state have a constitutional right to free access to attd use of the navigable water of the state." In Alaska, lands conveyed to muntcipalities by the state are subject to the public trust doctrine.29 The Public Trost Doctrine places conditions on the use of city owned beach property that do not iv Avon, 294 A.2d at Sb. 20 Sea Isle Cuy v. Calertna, 303 A.2d 351 (NJ. Cty. Ct. 1973). Rated~h beach Associattnn v. At7anCis Beach Club, Inc., 879 A.2d 't 12, 120 (h.7. 2005). n Lus¢rdi n.Curkir Point Properly Chvners As,r'n, 430 A2d. 881 (N.d. 198 t). ai Brenden v. Town ufGreemvicla, 750 A.2d 1122, n. 10 (Conn. App. 2000} affd on other grounds 777 A2d 552 (Conn. 2001). "' Broeck! v. Chicago Park District, 544 N.E,2d 792 (ILL 1989). zs Ccrvanazrgh v.Town orNarrangansett, 1997 Rl. Super. LEXIS 113 (R.I. Super. Ct. 1997}. ze Zaroogian v. Nan~angansett, 701 P. Supp 302 (I3. R.I. 2988} ~~ Article VYII, sections I,2,3,ti,13 of the Alaska Consdmtior also embody the principles of the public trnst doctrine. 28 Gordon S. Harrison, Alaska's Constitution-A Citizen's Guide, p. 163 (Third Edition 5992}. ,g CWCFisherdes, Inc. v. Bunker, 755 P.2d 1125 (Atasltx 1988); 1989AZaska Op. Atty. Gen.(Tnf.J 3U9, IQ58Alask'a Op, Atry.Gen. (Lnf) 357. -.~~ Memo fi'age 4 of 6 S/I V2067 12:08 PM Public `host Doctrine a»d Diffra'ential Pees ti:AMy Document,ACouncilAPubtic TeusC Memo 0507.doc 247 apply to other property owned by the city 3° Alaska's Supreme Court has stated that tidelands in Alaska are subject to a public trust easernent.31 The easement is the "right shared by all to navigate on waters covering foreshore [tidelands) at high tide, and, at low tide, to have access across foreshore [tidelands] to waters for fishing, bathing or any other lawful purpose." 3` Restrictions on tideland access must be for a public benefit. One scholar notes that, "the state may keep people away from a lake tiaat supplies drinking water to a town, or impair navigation on a river by building a dam. Sut it may not prevent the public from fishing in certain streams u1 order to protect the interest of nearby private lodges." 33 'T'here is strong public policy in favor of public access to the tidelands under both state and federal law. The Alaska Supreme Coup has held, "the provisions of Article VIII were intended to permit the broadest possible access to and use of state waters by the general public." 34 The intent ofArticle VIII, §14 has been incorporated. into AS 38.Q5.126(c). That section states: Ovtntership of land bordering navigable or public water does not grant an exclusive right to use of the water and a right of title to the land below the ordinary high water mark is subject tc the rights of the people of the state to use and have access to the water for recreational purposes or other public purposes for which the water is used or capable of being used consistent with. the public tnY t. AS 38.05.128(d) states: "Free passage or use of any nauigable water includes the right to use land below the ordinary high water mark to the extent reasonably necessary to use the navigable. water consistent with the public trust." The term "free passage" in the above section refers to unblocked access rather than a monetary context. The City may place reasonable terms and conditions on the use and access to the tidelands 35 However, tidelands owners may not exclude the public from use of the tidelands for navigation, fishing, ar cornmerce.3G Individual states are free. to establish the parameters of their own public trust doctrine.°~ Tn Alaska, land held under the public trust doctrine is held for the benefit "of all the people of the state." 3R There are no controIIing cases in Alaska clearly establishing whether higher non-resident boat. Iaunch and panting fees would be allowed under this state's version of the Public Trust Doctrine. Predicfing how courts will rule ou issues where there is no clear controIlurg precedent is a risky i0 WiAiam H. Danne, 7r. AanoYation, Power ofmunlcipaliry to charge rionresitients htgherfees than resr~denfs,jar use of nrunicipat faellifies. 57 A.L.R. 3d 998. ~~ Oimsichek ~~. Guide Licensing & Control Board, 763 P.2d 463, 494 (Alaska I99R}The public's leeal interest in use the wet beach is sometimes referred to as the jus pubticum. "' See jus publicam,Biack's Law Dictionary. (5°i Ed. 1979). i3 Gordon S. Harrison, Alaska"s Constitution-A Citizen's Guide, p163 (Third Edition 1942). 34 Wer^nbergv..Stote, 51.6 P.2d 7t97, 1798-1.199 (Alaska ]973}. "s 1985 Alaska Op. Atty. Gen. (Inf.) 445. 'E 755 P:2d. at 1121. '0 152 U.S. at 26:755 P,2d aY i'i2 L 18 Gregory F. Cook, Tlae Public Trust Doctrine In Adas/ca, Vol 8(1} The loumal of Environmental Law and Litigation t (1993)(The author was kind enough to discuss his article with me~ via telephone from Juneau on May 9, 2007). Memo Page 5 oPb 5/11/200? 1?:OR P'M PuUtie Truat Doctrine and Dit7erential Fees U:\My Doeuments\Couueil\i'u61ie Trust Memn 0507.doc 148 business. Such predictions are in reality just educated guesses. With that in mind, the following is my opinion on how Alaska courts would approach this issue. The boat launch is clearly covered by the public trust doctrine. Whether the dry beach panting lots are covered will depend on whether a court feels they are, necessary for reasonable access to and use of the wet beach. While reasonable people could certainly disagree, I believe the. courts would find them subject to the public trust rules. Whether the court would allow a differential non-resident fee depends {in my opinion) on the following: 1) whether the court felt the fees were an attempt to give Ii,enai residents preferential access to and use of resources (wet beach, the fishery, acid use of the river and ocean} that are held in trust for all state residents; ar 2j whether the caurt felt non-resident fees were a legitimate attempt to fairly recapture capital expenditures already paid for by city residents. if anon-resident fee is established, it should be designed to recapture capital expenditures and must be based on a detailed financial analysis.' The "Carlson Litigation" was a class action chaflenging higher state fees for out-of--state fishing Iicenses. The litigation was filed in 1984 and has been to the state supreme court three times; most recentl}+ in 2003; altnast twenty years after it started.40 In that case the state supreme court struck down the original fee and awarded damages and attorney's fees. It held a higher non-resident fee could. he used, bnt set down a detailed methodology for how any higher fee could be calculated to recaphtre costs. SCTNTMARI' Because public trust property is held for all residents of the state, courts wiH closely scrutinize any hig'har non-resident fee. However, anon-resident differential fee is defensible if it is designed to recapture capital expenditures and is based on a detailed financial analysis. 3a Operational costs are not mentioned because the fees recently provided a surplus overoperationatcosrs. 41i Carlson v. State, 498 P.2d 1269 (Alaska 1990); Carlson a Commercial FzsAw~Fes Enby Commission, 919 P.2d I337 (Alaska P996); and State v. Carlson, 65 P.3d 851 (Alastea 2003). 'Che United States Supreme Court has declined To hear the appeals on the cases. Carlson v. ltaska Corrzmeretal FisHerles Enzry Commisrimz, 519 U.S. 1101., 117 S.Ct. 789, 136 i.Ed. 3d 730 (199'7) and Carlson v, AAaska Commercial F'is/uries Envy Convniasian. >u0 U.S. 963, 124 S Ct. 387, 157 L.Ed,2d 305 {2003). The Carlson Litigation did not concern the Public Trust Doctrine. It dealt with federal constitutional issues regarding the privileges and immunities and commerce clauses of the United States Constitution. Memo Page b of 6 5/71/2007 12a 0 PM Public Trust DOCIrInL and DiPfarentiaJ Fees L':\My DocumentslCouncilV'ubfic TrusC Memo 0507.dac 149 Page 1 of 3 Cara{ Freas From: Joe Moore (joemoore@altrogco.com[ Sent: Monday, May 07, 2007 10;37 AM To: Cary Graves; Larry Semmens; Rick Koch Cc: Carol Freas Subject: FW: Kenai Resident Data for Personal Use Permits This information is from the department of 41sh and game. f can only presuma they are using zio codes to son the data. 1 stfl} believe it wi!I be useful. 1= an;rthing the number of city residents would be loss. If they are able to stratify nefwean rivers the numbers should be loss as well. Joe 1c~selih L. Mooee CPA rhISlTlzn Rf)~eT'S ~:C.;o. 44539 Sterling? FIv y; sic 1 E7'7 Solclaf:na, Alf 99(iCi9 907-262-7478 9c3?-2fi2-(~1O7 fux -----Original Message----- From: Kristine Dunker [mailto:kristine_dunker@fishgamestate.ak.us] Sent: Monday, May 07, 2007 9:I9 AM To: 'Joe Moore' Subject: RE: Kenai Resident Data for Personal Use Permits Hi Joe, 1 spoke to our database programmer today, and we should be able to get the data you requested by mid-week Will that work alright with your time frame? Have a good day, Krissy Dunker From: Joe Moore [maiito:joemoore@altrogco.com] Sent: Friday, May 04, 2007 9:26 AM To: kristine_dunker@fishgame.state.ak.us Subject: RE: Kenai Resident Data for Personal Use Permits Thank you. Whatever additional information you are able to come uo with witl be a windfall from the good material you have already given me. Joe Jose}~h L. Moore CPA Altman Rogers & Cn- 44539 Sterling Hwy, see 107 Soldotna, AK 99669 907-262-7478 907-2b2-6107 Pax -----Original Message----- From: Kristine Dunker [mailto:kristine_dunker@fishgamestate.ak.us) Sent: Friday, May 04, 2007 4:12 AM aso 5/10/2007 Page 2 of 3 Ta: 'Joe Moore' Subject: RE: Kenai Resident Data for Personal Use Permits Hi Joe, Yeah, the personal use permits cover the dip net fisheries at the Kenai and Kasilof as well as the gilhnet fishery at the Kasilof, The Kenai dip net fishery is, by far, the most popular, The data I provided simply tells you how many permits were issued to Kenai residents, but it does not tell you how many of those folks only fished the Kenai. f don't have access to query the database to tha± level, but I may be able to work with one of our database programmers to do so. At the very least, I will be able to get the data to that level from 2004-2006 because I have rave excel files for those years. I'm not sure of our programmer's schedule, but I will try working with him to oet the information back as far as 1997. Thanks for your patience, Krissy From: Joe Moore [mailto:joemoore@altrogco.com] Sent: Friday, May D4, 2007 8:24 AM To: kristine Bunker@fishgame.state.ak.us Subject; RE: Kenai Resident Data for Personal Use Permits Thanks again. For clarification, thew permits would 17ave bean issued for participation in aiiher the Kasilof or Kenai River dip oat fishery, corract? I suppose there is noway to determtne which fishery they participated In. Ii you have not guessed ,vet, cur ceunci! is attempting to determine how many local Kenai city residents participate in the Kenai rive€ dip net fishery, Joe Sosenh L. Moore C'PA Altman Rovers & Co, 44539 SCerlinQ F~wy, ste I07 S:>fdotna- AK 99~G9 X307-2Pi2-747f; 907-262-Eh107 fax -----Original Message----- Fram: Kristine Dunker [mailto:kristine_dunker@fishgame.state.ak.us] Sent: Thursday, May G3, 2607 5:47 PM Ta: ')oe Mocre' Subject: RE: Kenai Resident Data for Personal Use Permits NiJca, We hae~e a database that contains address information as well has harvest for all permits issued. I didn't realize f could access this information as far back as 1997 until I started putting this together. Anyway, the database can be searched using several different variables. I already had the data for the total number of permits issued. In the database, I was able to search by city within year. Specifically, I searched for "Kenai", and the database listed all permit holders that had a Kenai address, and it also gave me the total for each year. I compiled the data in the file I sent you and calculated the percentages. f am glad this information will be helpful! Have a great evening, 151 5/l0/2007 Page 3 of 3 Krissy From: Joe Moore [mailto:joemoore@altrogco.com] Sent: Thursday, May 03, 2007 5:00 PM To: kristine_dunker@fishgame.state.ak.us Subject: RE: Kenai Resident Data far Personal Use Permits Thank you very much Krissy. That is great information for our council. Could you tell me how you determined that the permits were issued to Kenai city residents? Joe 7oseph L. Moore CPA Altman Rogers & Co. 44539 Sterling Hwy, see 107 Soldotna. AK 99669 907-262-7478 907-262-6107 fax -----Original Message----- From: Kristine Dunker [mailto:kristine_dunker@fishgamestate.ak.us] Sent: Thursday, May 03, 2007 4:49 PM Ta: cpajoe@altrogco.com Subject: Kenai Resident Data for Personal Use Permits Hello Mr. Mohr, Please see the attached flle. 1 compiled data on the total numbers of permits issued and the numbers of permits issued to residents of the city of Kenai from 7997.2006. Please let me know if you need any additional informafion. Have a great afternoon, Krissy Dunker Kristine J. Dunker Research Fishery Biologisf Alaska Department of Fish and Game Davison of Sport Flsh 333 Raspberry Road Anchorage, AK 99518 Phone: 907.267.2889 Fax: 907.267.2424 E-nmil' kristine-,durkerLa.(i.rhpamestnteak.u.r is2 snoizoo7 0 C o0 0o a .o 0 0 0~ o a° o° W (D Q m (D m V' n n m N `m oimmmN r: :o co n a ammo Ncly uSm ~ rn m m o 0 0 0 0 0 0 m rn m rn o 0 0 0 0 0 0 }- N N N N N N N 0 0 0 0 0 0 0 0 0 V f~ N m C n n m N rnmmco conmao~ 9002 ' ~ o .p j 5002 d L H b00Z ~ N eooz a a aooZ a. D ~ ~ 1062 n F O Y ~ OOOZ .. ~ v 666E . . Q) a 966t L66 L 0 0 0 0 ~ o 0 0 0 0 0 0 0 N O OJ (D C' fV O panssi sl~w~ed ieuaN 0 0 0 0 o a O ~ ~ V OV m ~ N saoz m coNma~o m~nov N ~mm~rnnnnmm rn inn n inm ooin +- M N O r (0 *- - O m ~.-.- m in .-rn rn v~~cdisnoi.- r.-'-r ~ ~--N N n mOO N m'C'u) rn rn rn 0 0 0 0 0 0 m moio 00000 N N N N N N fD O O N 6~i rn T a d 3 N N ,~ .~ Q! a soot ro d baaZ ~_ a ~j EOOZ ro c Y zooz c ~ LOOZ ~ G ~ 7- = = OOOZ N fq .~. ~ d 666t ~ c_ f B66L 166E 0 °a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c N O m m C N O N N N ~ ~ ~- •- panss~ sl!wJad le1al 153 MEMORANDUM To: City Council Through: Rick hoeh, City Manager From: Larry Semmens, Finance Director Date: May 8, 2007 Subject: Dip Net The City Council asleed for information regarding the dip net fishery finances. The City collects fees for parking and boat launches during the three week fishery in July. Generally revenues have exceeded expenditures u+ith the excess supporting other general fund expenditures. The City has also made capital expenditures as follows: Parking lot at the. end of Spruce Street $105,000 Restroom 25,000 Launch Ramps 495,000 Parking and exit road at the dock facility 25,000 Wetlands Protection 12.650 Dip net fee collection shacks (est.) 5,000 For the FY 2007 season, revenues were $ll0,489,aperating expenditures were $82,360, leaving a net surplus to the General Fru1d of $28,129. The City spent $24,950 for parking and exit road, and contributed $35,000 to the new launch ramps. The City also used $ i 25,000 of grant funds that could have been used for other projects on the launch ramps. 154 Page 1 of 2 Carol Freas From: ccpwow [ccpwow@gci.net] Sent: Sunday, May 06, 2007 5:46 PM To: Cara[ Freas Subject: discriminate city discounts according to residency. Dear Cferk, I do not agree with your attempt to discriminate city discounts according to residency. Restaurant Discrimination - A77 words I pulled up to the drive-thur window at the Soldotna McDonald's and ordered a Big Mac. fries anal chocolate shake. Then the person taking the order asked me if I was a resident: of Soldotna? Thinking that McDonald's was sure collecting a lot of personal information, I casually replied, "why yes." "I need to see your id," she replied. Then without expression she said, "thaC will be $8.87. Please pull up to the next window." AC the next window my curiosity was percolating about the residence question so I had to ask. "What happens if your not a resident of Soldotna?" He looked at me a little strange, smiled and said, "oh then you world pay a lot more." "pay a lot more I laughed? What do you guys have prices based on residence?" Tasked. "That's right, you get a 30% discount if your from Soldotna and regular pricing if your from anywhere else," he said. "Wow, when did you start that?" I asked. "Back when the city of Kenai started diving only Kenai. residences adiscount on launching boats and panting cars," he sand. "I guess it pays to live in Soldotna bun?" I said. "Yeah T guess so," he said. This Little make-believe encounter has not really taken place YET but it could be in all of our futures if the city of Kenai takes our federal governments lead and begins discriminating against Alaskan residents according to their residence. This kind of thinking is being spawned by our federal government and attempts to inflict priority access Co our public natural resources according to residence. Do you want a future of getting a different price for produeCS and services based on the place you live? Once Soldotna residents are offended by the city of Kenai's discrimination, it will not take long for Soldotna to discriminate against Kenai residents. Once Anchorage residents are offended by bath cities, it won't be long before they are discriminating against Kenai Peninsula residences. Once SeatCle sees Anchoraee`s discrimination they will. then discriminate against Alaska residents. And so fne discrimination spreads across the nation. Is this the Idnd of nation you want to live in? One where you hand over yotu- proof of residency along with your cash or credit card? Residency based 155 5/IO/2007 Page 2 of 2 discrimination is just as unethical as discrimination based on the skin color or ancestral background. Most people can no more control where they live than they can control their skin color or ancestral background. Most folks live where they do because of thejob they are Ruafified to do. Most people cannot just wake-up one morning and decide to change careers. Careers determine residency and government should not be using something you have little contro] over, to decide if you deserve priority access to pubtic natural resources. Don't give in to residency discrimination. Don Johnson P, O. Box 876 Soldonsa, Alaska 99669 907 262 7893 c~~w_c~wCaeci,net 156 5/]0(2007 i~~ialnn a,~>~I~1I~ IIuu[Fcotr~ri~f+n®~u IIfl~~m TO: Mayor, City Council Members, City Manager & Administration FROM: Bob Molloy DATE: 04!25167 SUBJECT': Operating Budget 2008 -Cable TV Coverage of Regular Council Meetings Council did not sunpart the $13,200 fhat I had requested be included in the 2008 Budget as a Legislative budget item for Radio Coverage of City Counci] meetings. Chte of the concerns expressed was Ehe cost. $1,500 is proposed for the Legislative budget for delayed streaming of audio files of Council meetings via Internet. In additivr„ I would like Council to consider delayed broadcast of regular Council meetings on Cable TV. My office obtained some information from the City of Seward and GCI. City of Seward: The Assistant City Clerk reported that Seward's Council meetings are broadcast "live" on GCI Cable TV as a courtesy to the pubfic and to allow n'tare Seward citizens to view the meetings from home. 'T'his is a policy decision. There is n.o Seward City Charter, Code or Council Rules of Procedure that require broadcast on Cable TV. The City of Seward is hooked up directly to GCI's cable. At first, GCI loaned the City a camera and tripod so they can film their Council meetings. Now, a staff member yr a student uvdll film the meeting. The Assistant Clerk did not recall how muds the siudert is paid other than "it's not alot." If a city employee is called to film the meeting, the City takes the funds out of the overtime budget. GCI: GCI's representative reported as follows: GCI would not provide equipment or persornzel to film the Kenai City Council meetings. The camera and tripod that Seward is using has'been there "since eons ago" and GCi does not maintain that equipmen± and is not responsible for it. Seward is a different site than Kenai for broadcasting because the City of Seward is directly hooked up to GCI's cable: Due to the location of GCI's cable line in relationship to City Hali and the Spur highway, it is not possi~ole to broadcast City of ICenai's Council meetings "live" at this time. The GCI representative indicated t'r:at a new cable would have to be installed underground, which might be expensive (the implication being that GCI might not want to incur that expense). However, City of Kenai Catim:il meetings could be broadcast tape-delayed an GCI Cable TV". GCI would set up a schedule so the Council meetings would 1- 157 appear on a regular schedule instead of random air times. GCI's representative said that if the Council meetings are videotaped on Wednesdays, the meetings could be aired on ThL~rsdays, depending on how soon the tapes arrive at their office. The tape would need to be at GCI the next morning, for the meetuzg to be aired or. Thursdays. GCI needs to know the length of the meetings. The meetings would be aired an channel 12 and need to be taped on VHS. GCI does not charge anything for broadcasting the Council meeiisigs; for budget, pa3nnent to GCI would be Zero Dollars. I ask that Cable TV coverage of regular Council meetings be investigated further. For only a few questions: -Does the City already have suitable equipment that could be used for this purpose? - If not, ~n~hat would acquisition cost be (and cost of video tapes)? - Cost of labor; volunteers etc. also would need to be considered. However, I think that it is likely that Cable TV coverage could be provided for substantially less than $13,200 estimated for radio coverage. Thank you. .Z_ 158 ~~ C ~~ 1 ~!~ Q~ 144 N. BINKLEY = 50LDOTNA, ALASKA 99669-7520 BUSINESS {9D7) 282.4441 FAX {907) 262-1692 +w,.-v..... May 4, 2007 The Honorable Pat Porter Mayor, City of Kenai 210 F'idalgo Ave. Ste. 200 Kenai, Alaska 9>bi 1 Dear Mayor Porter: JOHN J. WlLLIAIUIS MRYOft C~~~ "' 4 Lul~~ ,y .-__J .. r . ~ °~ - ,,. 7: ~~R E~~~L.~~ Mr. Philip Bryson has represented the City of. Kenai on the Kenai Peninsula Borough Planning Commission, and'nis term will expire on July 31, 2007. In accordance with AS 29.40-020, appointments to the Borough Planning Commission are made by the Borough Mayor. Commission members from a home rule city shall be selected by the Borough Mayor from a list of recommendations submitted by the City Council. I would appreciate a List of candidates, which may include Mr. Bryson, to fill the vacancy for this post. Candidates must be qualified voters of the. Borough who reside within the City. It would be most helpful if I could receive your suggestions by June 1, 2007. Assembly confirmation. of appointments to the Planning Commission is tentatively scheduled for July 10. Thant: you for your participation in this matter. Sincerely, ---~.~ , -~ ~~ i // John .Williams wf~ Kenai Peninsula Borough Mayor JJ Wlbd cc; Planning Commission Chair KPS Planning Depattment Kenai City C:ferk -via fax 159 PFIILIP BR5'S69N P.O. BMX 1041 KENAI, ALASKE4 99611 ~maii: pisryson~webaiaska.com May l 1, 2007 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attention: City Clerk ._,_.~ ~ ~, W ra r..M1 ,.,.,,,_ .'°`..-.--....-.._- m'0. Subject: KPB Planning Cammission Representation I have been notified that my appointment as a member of the Kenai Peninsula Borough Planning Commission representing the City of Kenai is lapsing June 30, 2007. I have found my past participation on this commission both interesting and educational, and would like to be considered for reappointment, ifthe Mayor and Council concur. If you have any questions, or require additional. information, I can be reached at 283-4672. Sincerely, }/`~ ~~ Philip Bryson 160 ~,;, ~~,-~'' t v _, _ . _, ~,. tare e~fy;: f f IiEHA „~`~(~~e mac` ~ ,~t, ~~ i~f~ ~ ~c~t~~e f® 290 Fidafgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us MEM~7RANDUM TO: MayorJCotuicil Members FROM: Carol L. Freas, Ci Clerk , DATE: May 9, 2007"/ RE: BEAUTIFICATION COMMITTEE FORMATION OF SUBCOMMITTEE Enhancement of Property in Front of Home Depot At its May 9, 2007 meeting, the Beautification was requested to consider forming a subcommittee to consider what enhancement efforts could be undertaken at the open lawn fronting Home Depot. The Beautification Committee then identified three of its members to serve on a subcormnittee. 'Fhe Kenai City Council Policy for Commission, Corrunitiee, board and Council on Aging Meetings anal Work Sessions directs a subcommittee "...may be formed for a specific funclion if upon review by administration, it fs indicated the subcommittee would be a goverrunentai body and a subcommittee of a public entity and if the formation is approved b}r Council." (A copy of the policy is attached.) Because the subcommittee would be made up of three members of the Beautification Committee, it is apparent it would be a governmental body and a subcommittee of a public entity. Does Council approve the formation of a subcommittee of the Beautification Committee to consider enhancement efforts that could take place on the property in front of the Home Depot property? Clf Attachment 161 KENAI cITY coUNCIL Pol.ICr Iron ON, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORM SESSIONS Coxnsnissioa, Committee Board Resopointment: If, after a term (or consecutive term) of appointment has been completed, a commission, conunittee or board member would lilte to be reappointed far an additional term, an application must be submitted to council for consideration and approval. -- Asubcommittee of a commission, committee ar board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Councff. If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five (5) days prior to the meeting; and the meetings maybe recorded with a portable tape recorder and the tapes (the official record) stored in the City Clerk's Office. Meeting Schedules: Untll further notice, the commission/eomsnittee meeting schedule is as follows: Commission/Committee/ Meeting Board Schedule Scheduled Meetin Da s Planning & 7aning ~ Twice monthly ' .January through December, Commission Second 8 Fourth Wednesdays 'I ;Library Commission Monthly First Tuesday Council on A€iin Monthly Second Thursday Beautification Committee Meetings held March, Second Tuesday May, July & Se tember Pazks ~ Recreation Meetings held I First Thursday Commission January, April, July & ~ October Airport Commission I Monthly ~ Second Thursday i. Commission, committees and boards, including Library, Parks & Recreation and Airport Commissions and Beautification Committee, shaIl meet as listed above. 2. Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive. 4. Commissions, committees, boards and the Council on Aging may, with the City Clerk's approval and notification of Councff and City Manager, hold special meetings (for a specific purpose) an an as-needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of quorum, etc. 162 6, All commssion, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk, 7. Any additional comrnissions, coirunittees, ar boards formed will. be set and incorporated into the following meeting schedule by the City Council. MinuteslMeeting Reeasding: 8. Excepting the Planning & Zoning Conunission and Personnel Arbitratiar. Board, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Suxmnarv minutes will be produced by the Cit}= Clerk from the department liaison notes and protdded to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning & Zoning Cornxnission,.shall be kept for two years. 11. Planning & Zoning Commission meeting recordings shaII continue to be kept for six years. Wask 9essiosts: 12. Cormnissian, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting ar at a time irnnxediatelpy prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m, meeting. 13. Work sessions may notbe held without the approval of the City Clerk unless they occur an the night of and at the time of a regularly-scheduled advertised meeting. 14. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. 15, All commission, committee and board meetings mustbe given appropriate public notice. This directive shall take effect an Ntay 3, 2007 and remair. in effect until modified b}= the Kenai City Council. Approved b}= the Kenai Cit}= Council on the second day of Ma}=, 2007 PAT PORTER, MAYOR ATTEST: Carol L. 1~-eas, City Clerk clf Revised 5/8/07 Y63 COUNCII. ON AGING MAY S, 2047 KENAI SENIOR CENTER 7:®0 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 5, 2007 ITEM 4: PERSONS SCHEDULED TO SE HEARD ITEM 5: OLD BUSINESS -None ITEM 6: NEW BUSINESS a. Discussion - FY67/08 Budget ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: QUESTYONS & COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of April 4 and April 18, 2007 ITEM II: ADJOITRNMENT 164 COUNCIL ON AGING MAY 3, 2OQ7 KENAI SENIOR CENTER 7:Ot3 P.M. CHAIR ROBERT FRIEND, PRESIDING MEETING SUMMARY ITEM l: CALL TO ORDER & ROLL CALL The meeting was caIled to order by Chair Friend at approximately 7:00 p.m. Roll was confu-med as follows: Members present: L. Flowers, E. Jones, R. Jurgensen, V. Geller, R. Friend Members absent: J. Hollier, B. Osborn, H. Bronner, F. Wilson Others present: Council Member M. Boyle, Director R. Craig A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Flowers MOVED to approve the agenda as presented and Member Jones SECONDED the motion. There were no objections. 50 ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 5, 2007 MOTION: Member Flowers MOVED to approve the meeting surrmlaiy of April 5, 2007 as presented and Member Jones SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS -None ITEM 6: NEW BUSINESS 6-a. Discussion - FY07/08 Budget 165 Director Craig reviewed budget information and. noted grants amounts were expected to remain. the. same and expressed concern revenue needed to be increased. ITEM 7: REPORTS 7-a. Council on Aging Chair -- No report. 7-b. Director -- Director Craig discussed grant funding; the waiting list for new N.T.S. clients; the salad bar would be eliminated from the lunch menu for the remainder of the current fiscal year; small to medium salads would be served with meals in order to control portions; and, discussed AgeNet. 7-c. Council Liaison -- Council Member Boyle reviewed action agendas included irx the packet and explained the Vintage Pointe reserve account ordinance. ITEM 8: ITEM 9: ITEM 10: ao-a. ITEM 11: MOTION: QUESTION5 & COMMENTS -- None. PERSONS NOT SCHEDULED TO BE BEARD -- None. Council Action Agendas of April 4 and April 1.8, 2007 ADJOURNMENT Member Geller MOVED to adjourn and Member Jorgensen SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:00 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING MAY" 3, 2007 PAGE 2 166 KENAY AIRPORT COMMISSION MAY 1fl, 200? BENAI CITY COUNCIL CHAMBERS 9:00 P.M. AGENDA ITEM I: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- a. March 8, 2007 ITEM 9: PERSONS SCHEDULED TO &E HEARD a. Casey Madden, Wince Costhell Bryson -- Runwav Project Update ITEM 5: OLD BUSINESS a. Discussion/Recommendation -- Airport Lease Renewals b. Discussion/Recommendation -- Airport Property Lease Term c. Discussion -- Air Fair 2007/Update ITEM 8: NEW BUSINESS a. Discussion/Recommendation -- Supplemental Master Plan/Airport Lease Lot Development b. Discussion/Recommendation -- Additional Funds General Aviation Parking Lot c. Discussion/Recommendation -- Urea Storage Building d. Discussion/Recommendation -- Construction of Cargo Pad e. Discussion/Recommendation -- Parking Fee Review f. Discussion/Recommendation -- Increasing Airport Commission. Responsibilities Regarding Leasing Airport Reserve Land and Airport Budgei ITEM 7: REPORT a. Commission Chair b. Airport Manager a City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE BEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for April 4, 18, and May 2, 2067. b. March, 2007 Enplanement Report ITEM 11: AD30URNMENT 167 KENAI AIRPORT COMMISSION MAF I0, 200'7 KENAI CITY COUNCIL CHAMBERS 7:OD P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: GALL TO ORDER AND ROLL CALL Chair Yv~ackstedt called the meeting to order at approximately 7:63 p.m, The roll was confirmed as follows: Commissioners present: J. Zinxi, J. Bielefeld, H. Knackstedt, C. Versaw, L. Porter Commissioners absent: E. Mayer and D. Haralson Others present: Airport Manager R. Cronkhite, Couneil Member R. 'Molloy, City Attonzay C. Graves, and Department Assistant M. Bondurant A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Cormnissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- March 8, 2007 MOTION: Commissioner Bielefeld MOVED to approve the March 8,.2007 meetazg summary and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Casey Madden, Wince Corthell Bryson -- Runway Project Update Madden updated those present on the runway project, noting Phase I was mostly completed during the fall and the FAA grant was accepted £or Phase II. He distributed a May 3, 2007 newsletter on the project. It was also noted the float plane basin would possibly not be opened until June 2 due to deep Frost. The Commissioners were also given a CD of the final. Phase II Report, Supplemental Planning Assessment ITEM 5: OLD BUSDVESS 168 5-a. Discussion/Recommendation -- Airport Lease Renewals City Attorney Cary Graves reviewed the information included in the packet related to the automatic right of renewal. Discussion followed in which it was suggested 35 years would be a long time and guaranteeing a renecual too strong as it would not leave an option avallable for the city. It was suggested language be added the issue apply to aviation use leases. MOTION: Commissioner Zirul MOVED to recorxunend to CouncIl C+rdinance No. 2227-2007 be amended to apply only to aviation uses and the contract require the use continue to be a~:ation. Commissioner Bielefeld SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 5-b. Discussion/Recommendation -- Airport Property Lease Term City Attorney Graves reported the KEDS Team was concerned the 35-year term or the extension would be long enough. MOTION: Commissioner Bielefeld MOVED to recommend council not adopt Ordinance No. 2230- 2007 and the lease term. nat exceed 35 years. Commissioner Versaw SECONDED tha motion. There were no objections. SO ORDERET3. 5-c. Discussion -- Air Fair 2007/Update Administrative Assistant Mary Bondurant gave an update on the planning for Air Fair 2007, noting the posters were received; breakfast would be at the Soldotna Airport from 8-11:00 a.m.; the Air Force Band would be attending as entertainment; Coxmzzissioner Porter was in charge of the barbecue; and., the next Air Fair Committee meeting would be held at 5:15 p.~n. oil Wednesday, May 1&, 2007 at the Challenger Center. ITEM 6: NEW BUSINESS 8-a. Discussion/Recommendafaon -- Supplemental Master Plan/Airport Lease Lot Development AIRPORT COMMISSION MEETING MAY 10, 2007 PAGE 2 169 General discussion took place and it was suggested the item be included on the next agenda for fw-ther discussion. 6-b. Discussion/Recommendation -- Additional Runds General Aviation Parking Lot MOTION: Cornrnissioner Zirul MOVED to recommend approval of Ordinance No. 2231-2007 and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. 6-c. Discussion/Recommendatien -- Urea Storage Building MOTION: Commissioner Zirul MOVED to recommend approval of Ordinance No. 2232-2007 and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. 6-d. Discussion/Recommendation -- Construction of Cargo Pad MOTION: Comrissioner Bielefeld MOVED to reeoLm2iend approval of Ordinance No. 2233-2007 and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. 6-e. Discussion/Recommendation -- Parking Fee Review During discussion of the issue and because of the distance of the parking area, the fee should be $1.00. Commissioner Bielefeld requested to abstain from voting due to a conflict of interest, i.e, his customers use the parking lot. Chan Knackstedt granted the request to abstain and the Commission stated no objections. MOTION: Commissioner Porter MOVED to recommend the parking fee for the General Aviation Vehicle Parlflng Lot be set at $1.00. Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. 6-f. Discussion/Reeomxnendation -- Increasing Airport Commission Responsibilities Regarding Leasing Airport Resene Land and Airport Budget AIRPORT COMMISSION MEETING MAY 10, 2007 PAGE 3 170 Attorney Graves reported the item was included on the agenda as a result of the joint work session between the Cormmission and Council. Sdeas resulting from the work session were reviewed and a general discussion took place. It was noted, a second meeting of the Commission would take place only k a lease would be pendu1g. Consensus of Commmission was to agree with administration's proposal as presented b}> Cit}r Attorne}~ Graves. ITEM 7: REPORT 7-a. Commission Chair -- Chair Knaekstedt expressed his appreciation. to Airport Manager Cronkhite for her years of service to the city. 7-h. Airport Manager -- Airport Manager Cronkhite thanked the Commission for its support of her years of service. 7-c. City Couneifl Liaison -- Council Member Molloy thanked Cronkhlte for her service and reviewed the council meeting action. agendas. ITEM 8: COMMISSYONER COMMENTS AND QUESTIONS Commissioner Bielefeld -- Questioned rotomill paving. Cronkhite explained the process and reported the parking lot would be open June 1. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION ITEMS Id-a. Kenai Cit}- Council Meeting Action Agendas for April. 4, 18, and Map 2, 2007. 10-h. March, 2007 Enplanement Report YTEM I I: ADJOURNMENT MOTION: Commissioner Bielefeld MOVED to adjourn and Commissioner Porter SECONDED the motion, There were no objections. SO ORDERED. There being no further business before the Commission, the meetng adjourned at approximately 10:10 p.m. Meeting summary prepared and submitted by: Carol L. Fraas, City CTerlc AIRPORT COMMISSION MEETING MAY 10, 2007 PAGE 4 171 KENAI LIBRARY COMMISSIQI KENAI couNCU, eHAMBERs MAY 1, 2oa7 7:00 P.M. AGENDA ITEM I: CALL TO ORDER & ROLL CALL YTEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 3, 2007 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Goals & Objectives b. Discussion -- Non-Resident Library User Fees ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. Friends of the Library c. Ciiy CouncIl Liaison ITEM S: COl4ZMISSION COMItRENTSIGIUESTION5 ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of Aprff 4 and 18, 2007. ITEM lI: ADJOURNMENT 172 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MAY 1, 2007 7:00 P.M. CHAIR BOB PETERS, PRESD?ING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL .CALL Chair Peters called the meeting to order at approximately 7:02 p.m. Rall was called and confirmed as follows: Commissioners present: K. Heus, E. DeForest, E. Bryson, B. Peters, C. Cook Commissioners absent: R. Gilman and C. Brenckle Others present: Council Member L. Swarner, Library Director M. Joiner A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Heus MOVED to approve the agenda as presented and Coxsunissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 3, 2007 Corrections were requested as follows: • Note Bryson as a yes vote/motion to reconsider. • Correct rnisspelling of Brenekle/Item 8. • Item 6-a -- fees instead of circulation • Item 7-c -- insert library before newsletter MOTION: Commissioner Heus MOVED for approval of the meeting summary as corrected and Commissioner Caok SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS 5-a. Discussion -- Goals 8: Objectives The Commission reviewed a list of su bested goals and objectives which were distributed by Director Joiner. If was suggested the issue be returned for discussion on the neat agenda in order for the members to review the information. Joiner reviewed the rationale relating to Sunday closure of the library. 173 5-b. Discussion -- Nor_-Resident Library Lser Fees City Manager Koch -- Discussed council's reviewJcornments related to user fees, i.e. annual v. biannual charge, definition of non-resident, why out-af-state and not out-of- city, etc. and council's suggestion a user fee for those off the Peninsula. A lengthy discussion followed and comments included: • Individual summarizations relating to fees • Number of out-of-state patrons and amounts owed • Number of off-Peninsula users • Suggestion of a depoeit and refund process for out-of-state users. • A two-year fee of $25 + Whether other departments who have out-of-state users have been requested to set fees. • The process for Permanent Fund Dividend collections. The Cormnission also discussed the city survey, including Koch reporting Ditman Research would be conducting the. survey, questions referring to the library were reviewed, the questions were included in the May 2 council packet, and whether an option was officially chosen. by council. ITEM &: NEW BUSRVESS ITEM 7: REPORTS 7-a. Diroctor -- Director Joiner reviewed the following: • Activities taking place at the library. • Report on Homer Library. • Early closing on May 16 and Memorial Dau weekend closure. + Chevron's possible funding of projects (Joiner reconunended a graphic literature project andJor a new automation system). 7-b. Friends of the Library -- Heus reported the following: • The group would not be participating in the Kenai River Festival. • They will review grants funneled through the organization. • A workshop to discuss goals and objectives will be held. • A date for the annual book sale has notyet been chosen. 7-e. City Council Liaison -- Council Member Swarner noted the following: + April council meeting action agendas were included in the packet. • The 2007-2008 budget ordinance would be introduced at the May 16 meeting. • Swanler will be absent from the June meeting. ITEM 8: COMMYSSIOIV COMMENTS/GiUESTIONS LIBRARY COMMISSION MEETING MAY 1, 2007 PAGE 2 174 Heus -- Requested Swarner to report to eouncii related to the meeting's discussions; noted her appreciation of Koch attending the meeting and would be looking forward to discussing goals and objectives; and, stated concern the library would be closed on Sundays. DeForest -- Stated her appreciation Koch attended the meeting. Bryson -- Noted she would be absent from the June and July meetings. Cook -- Thanked Koch for attending and clarifying issues. Peters -- Reminded members to review the goals and objectives before the ne:,~t meeting. ITEM 8: PERSONS NOT SCHEDULED TO SE HEARD -- None. ITEM 10: 10-a. Kenai City Council Aetian Agendas of April 4 and 18, 2007. ITEM 11: ADJOURNMENT MOTION: Commissioner Heus MOVED to adjourn and Commissioner DeForest SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:45 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk LIBRARY COMMISSIOTv' MEETING MAY 1, 2007 --.- PAGE 3 r~s CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 4, 2007 - 7:00 p.m. L CALL `FO ORDER: a Roll Call b. Agenda Appirovai c. Consent Agenda d. *Excused Absences • Roy Wells (Requested via emait) • Rita Smagge (Request submitted to Ciey Cierl~) Consent Agenda „AI'I 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 firom the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *Alxil 2S, 2007 3. SCIiEDULED PUBLIC CONLMENT: 4. CONSIDERATION OF PLATS: a. PZ07-13 -Preliminary Plat -Endless View Subdivision (A re-subdivision of Lot 8, Block 20 Original Townsite of Kenai and'I'~-act A Kenai Municipa'I Reserve Subdivision No. '1}. Plat submitted by Whstford Surveying, P.O. Box 4032, Saldotna, Alaska. b. PZ07-14 -Preliminary Plat -Valhalla Heights Subdivision (A replat of Lots 13 R 14, Block 11, V aihalla Heights Subdivision, Block 1 L Park 4). Plat submitted by Integrity Surveys, 8195 Kena Spur Highway, Kenai, Alaska. c. PZ07-15 -Preliminary Plat -City Park Subdivision No. 2 (A replat of the remainder of L,ot 129 and Lots 130, 131, and i32}. Plat submitted by McLane Consulting; Inc., P.O, Box 468, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: a. An Ordinance of the Council of the City of Kenai, Alaska 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 an updating reb ]ation of the harbor area - Discussion 7. NEW BUSINESS: S. PENDING ITEMS: 9. REPORTS: a. City Council 176. b. Borough Planning a Administration 10. PER50NS PRESENT NOT SCT-EEDULED: Il. INFORMATION ITEMS: a. Letter to S. Maltby, The Peninsula Oilers -Cancellation of PZOS-29 za. cOMMlsszoN caz,~NTS ~ QUESTIONS: I3. ADJOURNMENT: Work Session Irnmediatel}~ Following Regular Meeteng - "Pronosed Central Mised Use Rezone Residential Use Overlav" 177 eITY of KENAI PLANNING 8z ZONING COMMISSION MAy s, aoo~ a:oo P.M. CHAIR. JEFF' Ttt%AIT,PRESIDiNG MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at 7:60 p.m. 1-a. Roll Call The roII was taken by Contract Secretary Roper and confirmed as follows: Commissioners present: Commissioners alasent: Others present: A quorum was present. 1-b. Agenda Approval MOTION: J. Twait, P. Bryson, T, Lewis, R. Fuilinek, S. Romain, R. Smagge, R. Wells Council Member R. Floss, City Planner M. Kebschull, Contract Secretary B, Roper Comnussioner Lewis MOVED to approve the agenda as presented and Commissioner Bryson SECONDED the motion. There were no objections, SO ORDERED. 1-c. Excused Absence • Roy Wells (requested via email) Rita Smagge (request submitted to City Clerk) 1-d. Consent Agenda MOTION: Commissioner Lewis MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Fulitnck SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- April 25, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- Lt1one ITEM 4: CONSIDERATION OF PLATS 1?8 4-a, PZ07-13 -- Preliminary Plat -Endless View Subdivision {A re-subdivision of Lot 8, Block 20 Original Townsite of Kenai and Tract A Kenai Municipal Reserve Subdivision No. 1). Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. Ciiy Planner Kebschull noted the following: • if approved, the plat would remove a lat Line to create one large parcel and the resulting lot size would meet the lot size requirements for the Historic Townsite zone. • The Commission re~~ews all developments in the Historic Tou-nsite District. • Water and sewer is available. • An existuZg storm drain may be moved in the future to allow for further development. • Staff recommended approval with the recommendation the glat must show the existing storm drain easement. Any plan to relocate the easement must be approved prior to the plat being recorded and will require an installation agreement. Chair Twait reviewed the rules and opened the meeting for pubhe comment. There being no comments and the public hearing portion was closed. MOTION: Commissioner Fullinck MOVED for approval of PZ07-13 including staff recommendations. Commissioner Romain SECONDED the motion. VOTE: MOTION PASSED UNANYMOUSLY. 4-b. PZ07-14 -- Preliminary Plat -- Valhalla Heights Subdivision (A replat o[ Lots 13 & 14, Block 11, Valhalla Heights Subdivision, Block 11, Park 4). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull noted the following: • Approval of the plat would remove a lot line to create one large parcel from two smaller lots. The resulting lot size would he 1.346 acres and would meet the nunimum lot size for the Rural Residential Zone. PLA1\?NING & 7ANING COMIVIISSION MAY 9, 2007 PAGE 2 179 • The subdivision is served with onsite water and sewer. No installation agreement would be required. Staff recommended approval. Twait opened the meeting for public comment. There being no comments, the public hearing portion was closed. MOTION: Commissioner Romain MOVED for approval of PZ07- I4 and Commissioner Lewis SECONDED the motion. VOTE: Twait Yes Bryson j Yes ~ Sma ge ~ Absent ' Lewis ,Yes ! Fulhnck Yes 'Romain Yes j Wells 4 Absent i MOTION Y'ASSED YTNtiNYMOLiSLY. 4-c. PZ07-15 -- Preliminary Plat -- City Park Subdivision No. 2 (A replat of the remainder of Lot 129 and Lots 130, 131, and 132). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. City Planner Kebschull noted the following: • Approval of the plat would remove three lot lines to create an large parcel containing approximately 4.252 acres. Removal of the lot Imes is being requested to plan for additional development and to eliminate non-conforming structures that had been built across the lot lines. • The subdivision is served with municipal water and sewer. • The plat would dedicate a 25-foot right-of-way dedication along Char Circle as a result of discussions with the City who owns the adjoining parcel City Administration believed future development would result in a vacation of the current half-dedication. • The City would not be requiring development of Char Circle with this plat. • No installation agreement is required. • The City Engineer noted the existing entrance to the parcel is in the platted right-of-way. When the parcel to the south is developed, the City would complete the development of the right-of-way. • The Building Official noted the removal of the lot lines would eliminate building code issues. PLANNING & ZONING COMMISSION MAY 9, 2007 PAGE 3 180 • Staff recommended approval with the requirement the surveyor shows the curve data for the portion of the future cul-de-sac located on this subdivision: Twait opened the meeting for public comnnent. There being no comments, the public hearing portion was closed. MOTION: Commissioner Lewis MOVED for approval of PZ07-I5 including staff recommendations and Commissioner Bryson SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: FUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS. -- None ITEM 7: NEW BUSINESS 7-a. Discussson -- An Ordinance of the Council of the City of Kenai, Alaska 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 an updating regulation of the harbor area. KebschuII noted the following: • Referred to the memorandum included in the packet explaining the proposed ordinance to amend Chapter 11 of the Kenai Municipal Code and eliminating the Hazbar Commission and reassigning its duties. • Explained the format and items that would involve the Planning & Zoning Commission. • Commission was requested to review the proposed ordinance and their comments would be provided to City Council. • Council Member Ross noted there would be ample time as the proposed ordinance had not yet been introduced at Councll. YTEM 8: PENDING ITEMS -- None PLANNING & ZONING COMMISSION MAY 9, 2007 PAGE 4 181 ITEM 9: REPORTS 9-a. City Council -- Ross provided a brief report on actions taken at the May 2, 2007 City Council meeting. 3-h. Borough Planning -- Commissioner Bryson advised there had been no meeting since his last report. 9-c, Administratson -- Kebschuli noted the following items: • A copy of the new Airport Supplemental. Plan, Phase II was provided to each Commissioner and a hard copy was available at the airport as well as City Hall. • She will be absent from the May 23 meeting due to training in Anchorage, however Department Assistant Carver wwuld be in attendance. • Soidotna is re~zewing their comprehensive plan. • Referred to the Peninsula Oilers letter included in the packet and explained the Conditional Use Permit had not been used in the past two years and they have no plans to use it in the future. As a result the Permit was closed and any future plans to hold concerts would require a new application. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INIt ORMATION YTEMS it-a. Letter to S. Maltby, The Peninsula Oilers -Cancellation of PZ05-29 ITEM 12 : COMMISSION COMMENTS & QUESTIONS -- None ITEM 13: ADJOURNMENfi MOTION: Commissioner F~.rllinck MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:25 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MAY 9, 2007 FAGS 5 I82 KENAI BEAUTIFICATION COMMITTEE MEETING MAY 8, 2007 7:00 P.M, KENAI COUNCIL CHAMBERS AGENDA ITEM l: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 10, 2007 ITEM 4: PERSONS SCHEDULED TC= BE HEARD a. Theresa Hoagland -- North r orest Drive Beautification ITEM 5: OLD BUSINESS a. Discussion -- Volunteer Plant Date FTEM 6: NEW BUSINESS ITEM 7: REPORTS a. Committee Chair b. Parks & Recreation Director c. Kenai City Council Liaison ITEM S: QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATYON a. City Council Action Agenda of April 4 and 18, 2007. b. Parks & Recreation Commission Meeting Summary of April 5, 2007. c. Central Peninsula Garden Club Flyer ITEM 11: AB3OURNMENT 183 KENAI BEAUTIFICATION COMMITTEE MEETING MAY 8, 2007 7:00 P.M. KENAi COUNCIL CHEiMBERS CHAIR HELEN BROWN, PRESIDING MEETIIVG SUMMARY %TEM 1: CALL TO ORDER & ROLL CALL Chair Brown. called the meeting to order at appro~mately 7:05 p.m. Roll was confirmed as follows: Members present: M. Dimmick, K. Shearer, S. Hatch, P. Baxter, H. Brown and M. LeFebvre Member absent: L. Seymour Others present: Parks & Recreation Director B. Prates and Mayor Pat Porter A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Dimmick MOVED to add Mayor Porter at Persons Scheduled to be Heard to discuss improvements to the Home Depot lawn. Member Baxter SECONDED the motion, There were no ob)ections. SO ORDERED. There were no other changes to the agenda and it was approved as amended. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 10, 2007 There were no changes to the meeting summary of April 10, 2007 and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Theresa Hoagland -- North Forest Drive Beautification Steve Hoagland expressed support for beautification efforts to be considered for North Forest Drive. Suggestions included concrete planters (not budgeted and very expensive) or establishing corner flowerbeds (if the volunteer commitments would be acquired). 4-b. Mayor Pat Porter -- Establishment of Subcommittee/Possible Enhancement/Property Fronting Home Depot Mayor Porter requested a subcommittee be established to investigate what enhancement efforts could be undertaken on the open lawn. fronting Home Depot. 184 Several ideas were discussed and Committee Members Brown, Dimmick and Ba~~ter offered to serve on the subcommittee. ITEM 5: OLD BUSINESS 5-a. Discussion -- l'oiunteer Plant Date The order of the day was discussed and. assignments were: • Frates -- Confirm the KCHS band for performance at the gazebo • Frates -- Prepare and distribute flyers throughout the community. • Brown -- Organize side dishes. • Kenai Firefighters Association -- Provide hamburgers jhot dogs. ZTEM 6: NEW BUSINESS -- None. ITEM 7: REPORTS 7-a. Committee Ckair -- None. 7-b. Parks & Recreation Director -- Provided an update on ongoing projects, i.e. Trees on Willow, Disc Golf Course, Cemetery CIean-up, summer hires, maintenance activities, etc. 7-c. Kenai City Council Liaison -- None. ITEM 8: QUESTIONS AND CONIlUIENTS -- None. ITEM 9: PERSONS NOT SCHEDULED TO BE BEARD -- None. ITEM 10: INFORMATION IO-a. City Council Action Agenda of April 4 and 18, 2007. IO-b. Parks & Recreation Commission Meeting Summary of Aprll 5, 2007. IO-c. Central Peninsula Garden Club Fiver ITEM 1I: ADJOURNMENT There being no further business before the Commission, the meeting adjourned at approximately 8:10 p.m. Meeting summary prepared. and submitted by: Carol L.. Frees, City Clerk BEAUITFICATION COMMITTEE MEETING MAY 8, 2007 PAGE 2 185 Z 10 Fidalgo Avenue, I~enat, Alaska 99611-779q ;.-.~~~~-~, Telephone: 407-283-3692 / FtrX: 907-283-3693 i'UF' tie city o f ~/ M~l~IC1RAI~Dl7I1+I To: Rick Koch, City Manager Front: Robert 1. Prates, Parks & Recreation D~arecto Date: May ! 0; 2007 RE: IySid-month Report Summer hire interviews have been completed and five t6~ individuals have been hired to assist with pre-season activities. Early spring-like weather has allowed us to initiate turf cleanup in many areas throughout town, namely sand removal from street and highway right-of--ways. ®ther activities have included getting the ball fields in a safe and playable condition, hanging summer banners, inspectians, facility cleanup, and. Inter control. The department has not been able to tum on any water feeding restrooms or park areas to date due to frozen tines. This includes restroams at Municipal Park and the Kenai Park Strip. Ciur annual cemetery cleanup is scheduled for Saturday, May Its' from 10:00-I2:OOPM. Crews will be installing ice at the arena beginning May I6v`an preparation for the 3uniar A Hockey Prep Camp and tryouts May 21~` - 27'a. Clther related work includes facility cleaning and installation of rubber tiles tai locker rooms. ether upcoming activities the department is plaaaning for and involved in include the Kenai Softball Association field cleanup, Memorial Day activities at Leif Hansen Memorial Park and installation of the Peace Poie, coordination of the disc golf course expansion, tree plantings an V~7iIIow Street, flower bed preparation and work at the community gardens. 186 INTEF2C7FFICE MEMO'R~ONDl1M KENAI FIRE DEPARTMENT Date: May 8, 2007 To: City Manager From: Pire Chief Ti1iy Subject: Midmonth report Runs for the timeframe of 4-12 to 5-08: Run total for the year 430 runs Total last year at this time 433 runs Last 30 days 100 runs Summary of activities for f ast month: 1) Gonfinued participation with Northern Edge exercise 2} Attended training for ALMR use 3) Had training with Nikiski Fire Department (paramedic refresher) 4) Engineer Satathite trained Kenai Peninsula Borough teachers on CERT 5) Completed a survey of all City building for fire safety 6) Hosted a car seat check at the fire station 7) Trained ail FD persons on water and boat safety 8} One member attending the Nationa{ Fire Academy 9) Had Training with State Forestry on wildtand fires 10) Finalized a Federal grant through the Assistance to Firefighters Grant 187 Kenai Community Library Monthly I2el~art May 2007 April Circulation Figures Adult Fiction 1925 Internet Access 1017 Adult Non-Fiction 1464 Music 177 Periodicals 60 Puzzles $ 3uvenile Fiction 461 Videos 808 SuvenileNou-Fiction 227 DVDs 1576 Easy Fiction 1245 Audio books 174 Easy Non-Fiction 265 Miscellaneous 26 Interlibrary Loan 53 Computer Programs 48 Total Print 5,703 Total Non-Print 3,834 f Total Circulation 9,537 Internek Express Use 1,262 Total Catalog Searches 6,397 Library Patronage....... 7,833 I Circulation figures for April were 6% higher than those for April 2006. The number of people who warted for computers this month was 20. Income Fines and Rental Books $ 659.85 Xerox 179.75 Lost/Damaged 1.41.39 Total income 04/07 $ 980.99 We have qualified for the Berate for FY2D08 in the amount of $4,468.80. There are several more long forms to complete before we actually get the funds. Library Cards Issued April 2007 Kenai 57 Kasffof 3 Nikiski 11 Ninilchilc 2 Soldotna 29 Sterling 1 Organization A Other 4 Internet use only 6 Total 12G We will close early on Wednesday, May 16 at 3 p.m. to upgrade our sen~er software. That software and licenses for Microsoft Oftice 2007 with nvo Iicenses for Microsoft VISTA cost us 5631 from TechSoup. TechSoup has provided us with documentation that shows the actual value of the software at $15,412.00. Listen Alaska now has 1,626 titles in the database. Where there were eight or more holds, additional copies of Citles were added. There are also 100 always available titles. System wide there were 1,500 check outs in Apri.1, 79 of which were made using Kenai library cards. There are a total 71 registered borrowers with Kenai 1tbrary cards. Fifteen new borrowers registered from Kenai in April. 1ss Kenai Senior Center Manti~ly Report April 2607 Our Center continues to be aotive and seniors use the facility daily. Many of the `'snowbirds" have returned and each day brines some new and some familiar faces. Total number of days open in April was 21. # Congregate Meals Served 1297 # Home Meals Served 2007 Number of necv clients: 9 Our Easter Brunch on Good Friday was well attended. We served Brunch from 11 am - 1 pm and had over 90 in attendance. We logged 1127 volunteer hours far April. 8 of our group participated in the Cooper Landing Breakfast Fundraiser. They enjoyed the time and toured the new housing in Cooper Landing. The seniors served Prom Breakfast to over 150 high school kids and staff,, continuing a long rime tradition for our community. This was very we11 atiended and 11 of our group stayed up all night to help out. 17 seniors attended a No Host Dimier to Anchor Point. We continue to see growth at all Levels of our acfivities. The local Red Hat Society sponsored a Red Hat Parade here in Kenai. This is their 4`" yearly event Many of our seniors belong to this local lnoup. The computer lab is used on a daily hasis. Many seniors locally frequent the lab as well as seniors passing through our area. This has been a wonderful outreach to new people, some who return each summer to the Kenai area. The computer classes are full and continue each week, with a number on the waiting list for upcoming classes. We see new clients on a monthly basis for Medicare/MedicaidlSocial Security iruorrnation. We continue to be referred from many other agencies (non-profit and government) as a resource for information and assistance. The Director completed yearly grants for State of Alaska, Kenai Peninsula Borough, United Way and Exxon. 189 '~ nne,.,tea~at .~.~ Airport Manager's Monthly Report May 11, 2047 Runway Improvement Project: On May 1, 2007, the Contractor resumed work on the Airport. Due to a number of factors, including deeper than normal frosf layers, the Water Runway will not open on the scheduled date of May 15"x. Current estimate is June l.; however there are many factors involved and that date may change in either direction depending on rainfall and temperature. When opened, the new Water Runway will be 150 feet wide, 4,653 feet long, with a much enlarged turnaround at the north end of the taxi lane and runway. The north end of Taxiway Alpha beyond Taxiway Echo will be closed, as will the Gravel Runway 1R - 19L beginning May 3, 20D7, for about three weeks while the Taxiway Extension to the north is completed. The Main Runway 1-I9 is scheduled for closure and will be relocated to the temporary 1- 19 Runway using 6,000 feet of Taxiway Alpha from June 1; 2007, to about July 15, 2007. The navigational aids will also be shut down on June 1, 2007, and are scheduled to be back on line about August 15, 2007. Starting October 15, 2007, the Water Runway will again be lowered and the Water Runway widened to provide a water width of 250 feet. Airport Manager Position Opening: As most of you are already aware, I have resigned my position with the Cicy to accept a position with the State of Alaslta I sincereiy appreciate the time I have spent in Kenai. and the many pro}ects and improvements we have been able to complete. This is not goad-bye, as I will continue to own. property and spend time in the area so I will sae you in the grocery store and at the hockey games, The City is actively advertising, the position in state and through the American Association of Airport Executives. My last days May 30 and Many Bondurant will be acting airport manager during the recruitment effort. Again, my sincere thanks and best wishes to a11. ZUO'7 Air Fair Committee: 7`n Annual Kenai Peninsula Air Fair is Saturday, May 19`h. Kickoff is at the Soldoma Airport from Sam 11pm with an EAA breakfast, pilot registration, and aviation swap meet with events moving to the Kenai Operations Faciliey from Ipm to 3pm in Che afternoon with the USAF band Greatlanders providing music, Military Appreciation, barbequa, and static displays. All events are open to the public so be sure to come out and narticipatesn the activities. Airport Triangle Beautification: Thanks to Lonnie Sanford, Street Department, Phil Isla, Airport. Temp Grounds Worker and Steve Kegler, Airport Grounds Worker for completing the new flower beds for the I~ItAI panting across from Che Terminal. We are looking forward to the first of June when we can plant the new flowers. Again, thanks to Susan Jordon of Fireweed Herb Garden for donating a significant amount pf time and energy into researching plants and planting options for Chis bed. We eagerly anticipated the new look and thank Susan for her time and expertise. 190 PROPOSED Suggested by: Council CITY OF KENt3I ORDINANCE NO. *-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, P TITLE I I OF THE KENAI MUNICIPAL CODE BY ELIMTNATING HARBOR COMMISSION, REASSIGNING ITS DUTIES TO OTi _. THE CITY OF KENAI AND UPDATING REGULATION OF THE I WHEREAS, Title l 1 of the Kenai Municipal Code established the Commission and sets forth its duties and responsibilitiesi and, WHEREAS, it has become increasingly dif6c Commission members to achieve a quorum AMENDING CI' OF KENAI 'iES WITHIN AREA. and, WHEREAS, the duties of the Harbor Commission can 3.ae reassigned to the City of Kenai Planning and Zoning Commission and City Manager;, and, WHEREAS, it is in the best interesr of the City ct`f iSenai to altriiinate the Harbor Commission. and reassign its duties; and, _ ; WHEREAS, the rules rega~=ding tlae regulation of the "harUor" area contained in Title l I of the Kenai Municipal Code need to be revised and updated. WHEREAS, ri is ui`°'Lfie best int~r-est of the City of Kenai to elimnzate the Harbor Conunission and reassign it duties. NOW, THE~'OR~, BE PI' ORDAINED BY THE COUNCIL OF THE CITY OF I{ENAI, ALASKA, that Title I'1 of the Kenai ivIunicipal is amended as shown in Atiachment A. PA,35EDrBY THE COUNCIL, OF THE CITY OF KENAI, ALASKA, this * day of *, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, Cit}> Cterk Introduced: Adopted:* Effective:* 191 Chapter 11.05 HARBOR MASTER 41.05.010 Harbor Master. 11.05.020 Harbor defined. 1L05.030 Harbor regulations. 11.05.040 Pernut. for terminal or transportation. facilities. 11.05.050 Condition as to equal services and rates. 11.05A60 Investfgafion of holder-cancellation. 11.05.076 Facility rates and charges. 11.05.0&0 Leasing not prohibited. 11A5.096 Use of [auncb ramp and float. il.U5.010 Harbor Master. The Harbor Master, shall be pointed by the Ctty NIarsa~er [THE FUB,~IC WORKS DIRECTOR]. The Harbor Master shall be the chief administrator of the harbor and its facilities. He shall have all powers and duties ptescribed by~rdnance an&~ the regulations andlfd~es prescribed by the City Manager. In addition, insofar as it is apprapt~tte, shall have all powers and duties and rates prescribed by the City Manager, subject to approval by the Council; and; in addition, insofar as it is appropriate, shall have all powers and duties imposed upon harbor masters, port directors, and admintstraerve beads of harbors and poets by Federal or State law. 11.05.020 Harbor defined. - The harbor shall embrace ail that portron of t'e Kenai R''er Located vaithin 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 FR011!! T'I-TE STATE OF ALASKAJ. 1 L05.030 Harbor regulations. The CtP~~Vianager is hereby empowered :=subject to change by the Council, tD make such rules and regulations regtalred for,lhe,operatian of the harbor, not in conflict with the provisions of thls~oda, and to establis~,the fees, rates, and charges for the billing and collections for the support of t;I1e harbor, and no:~erson shall fail to comply with any such rule or regulation, 11.05.046 Permit for terminal. or transportation facilities. [(A) ALL LESSEES., OV~NERS, OR OCCUPANTS OF PROPERTY WITHIN TT-~ HARBOR OR CONTIGLTbUS TO IT WHO WISH TO CONSTRUCT OR OPERATE TERMINAL OR TRANSPORTATION FACILITIES OF ANY KIND THEREIN, INCLUDING BUT NOT LIMTPED fi0 DOCKS AND WAREHOUSES, SHALL APPLY TO THE LANDSCAPING/SITE PLAN REVIEW BOARD FOR A PERMIT. APPLICATION TT-~REFOR SHALL BE MADE IN ACCORDANCE WITH REGULATIONS DESCRIBED IIV KMC 14.25, ENTITLED "LANDSCAPI_NG/SITE PLAN REGULATIONS," AND SHALL BE ACCOMPANIED BY A PLAN OF THE PROPOSED CONSTRUCTION, WHICH SHALL MEET ALL STANDARDS AND REQUIREMENTS WHICH MAY BE SET FORTH BY TILE COUNCIL. CBapter 11 Harbor Attacbmeot "A" 5/II/20D7 9:37 AM '-...:.' C:1Documents and Settingslefi~eas`S.oea1 Settings\Temporary Internet Files\OLhB\Chapter 7 Ldoc Tage 1 0192 (B) THE APPLICANT SHALL REFER ALL PLANS OF THE TYPE OR LOCATION OF AN1' PROP05ED CONSTRUCTION WHICH ARE OR MAY BE IN CONFLICT WITH THE GENERAL CITY PLAN TO THE HARBOR COMMISSION AND THE LANDSCAPING/SITE PLAN REVIEW BOARD TO DETERMINE WHETHER SUCH PROPOSED CONSTRUCTION IS IN KEEPLNG WITH THE OBJECTIVES OF THE GENERAL PLAN. THE DECISION OF THE LANDSCAPING/SITE PLAN REVIEW BOARD SHALL BE BINDING UNLESS APPEALED BY COUNCIL. THE BUILDING OFFICIAL MAY ISSUE PERMITS UPON SLICE TERMS A.ND CONDITIONS P,ND FOR SUCH DU'RATTON AS IT MAY DEEM PROPER, AND NO CONS'1'RI3~TION M.AY BEGIN OR OPERATION CARRIED ON WITHOIIT A PERMIT FROM TI-3E BUfL.DING OFFICIAL.] 11.05.050 Condition as to egnat services and rates. __ [IT SHALL BE A CONDITION OF ALL PERI~IITS GRANTED BY THE CPI'Y COUNCIL THAT THE FACILITIES TO BE COi~'STRUCTED AN'D THE SERVICES TO BE SUPPLIED IIv' CONNECTION WITH THEM SFTALLBE MA,I3E.,AVAILABLE TO ALL CARRIERS UPON EQUAL TERMS, AT EQUAL RATES, A3'vD WITHOUT DISCRIMINATION OF ANY KIND.] :_. _ _. 11.05.060 Investigation of holder-Cancellation. [THE CITY COUNCIL MAY INQUII2E INTO THE MANNER IN WHICH OBLIGATIONS UNDER THE PERMITS ISSUED`BY IT ARE`GARRIED OUT, AND INTO THE RATE SCHEDULES AN-ERACTICES OF THE PERMIT HOLDERS FOR PURPOSES OF DETERMINING WHETHER' THE PROVISIONS OF THE PERMITS ARE BE~i TG COMPLIED WITH. i'I' SI3ALL HAVE ACCESS TO„BOOKS AND RECORDS AND TO TERMINAL AND TRANSPORTATION FACILITIES AS 1\tihY BE REASONABLY __.. NECESSARY T,O ENABLE TI' TO MADE SUCA DETERMINATION. SHOULD THE COUNCIL t~'I' A~*IY TIME FIl'~D THE PERMIT HOLDER IS NOT COMPLYING WITH THE TERMS OF HIS PERMIT, IT MAY CANCEL THE PERMIT UPON SUCH NOTICE AND IN ACCQRI)AIVCE WITH 5UGH PROCEDTJRE AS IT MAY, BY REGULATION, 11.05.070 Facility rates and charges. [THE CITY MANACrER SHALL FIX THE RATES AND CHARGES FOR THE USE ................... OF ANY AND ALL TE'R'MINAL OR TRANSPORTATION FACII:ITIES CONSTRUCTED ON PROPERTY UNDER ITS JURISDICTION, INCLUDING CHARGES ASSESSED AGALNST VESSELS, THEIR OWNERS, AGENTS OR OPERATORS WHICH LOAD OR DISCHARGE CARGO AT ANY OF THE TERMINALS WITHIN THE HARBOR AREA; CHARGES FOR BERTHAGE WHILE LOADING OR DISCHARGING CARGO; CHARGES FOR ADMINISTRATIVE EXPENSES IN SERVING THE CARRIER'S CHARGES FOR. FREIGHT HANDLING, LOADING, UNLOADING AND WHARF DEMURRAGE RATES. SUCH RATES AND CHARGES SHALL BE JUST AND REASONABLE, A:S DETERMII~'ED BY THE CITY MANAGER, SUBJECT TO CHANGE BY THE COUNCIL, AND SHALL BE Chapter 11 Aar6or - Attachment "A^ SJ1I/2007 9:37 AM C~\Documenes and Settings\efteaslLocal Settings\1'empo,iary lneernet Files\OLKB\Chaptet I L.doc Page? of 46 Z93 PUBLISHED BY POSTING ON THE COUNCIL BLTL.LETTN BOARD AND I_N SUCH OTHER MANNER AS THE COUNCIL MAY REQL'IRE.j 11.05.080 Leasing not prohibited. Nothing in this chapter or in this code of ordinances shah prohibit the City Council from leasing the docks, dock sites, and other harbor facilities to private persons, firms, and corporations. 11.05.090 Use of launch ramp and float. (a) The City of Kenzi launching facility shall be open to the public upon reasonable terms and conditions as provided by regulation. (b) Failure to pay a boat launch fee for the City of Ke1r~z,Lauhching facility set forth according to KMC 11.05 within one (1) hour of the reTrd'eval of the boat or vessel from the water shall be a violation punishable by a fine of $50.00 (Ocd. 15974) (c) It shall be unlawful to block access to either oI'~ia launch temp or float facil'i'ties. "Blocking access" means leaving a boat, trailer, or vehicle upon the Iaunch ramp or float in such a position as to prevent the Launching or~retrieval of boats. (d) Person blocking access to the ramp oi•17gat facillties shall be subject to a civil penalty as provided in KMC 13.05.010(b). '"~ (e) Each one-hour period for which the rarrlp or float is b]ocked'shalI be considered a separate offense for the purposes of civil penalties. ' Chapter 11.10 HARBfJR COMMISSION and REQUIRED TO DO THE FOLLOWING: (1) ` 33EVELOP, ADOPT, ALTER, OR REVISE, SUB7ECT TO APPROVAL BY THE CITY COUhtCIL, A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF HARBOR OR PORT-FACILITIES FOR THE CITY. SUCH MASTER PLAN WITH ACCOMPANYL'~rG MAPS, PLATS, CHARTS, DESCRIPTIVE, A.ND EXPLANATORY MATTER, SHALL SHOW THE COMMISSION'S RECOMMENDATIONS FOR THE DEVELOPMENT OF THE CITY HARBOR FACILITIES MAY LNCLUDE, AMONG OTFIER THINGS: (I) DEVELOPMENT OF THE TYPE, LOCATION, AND SEQUENCE OP ALL PUBLIC HARBOR PACILZTIES; (II} THE RELOCATION, REMOVAL, EXTENSION, OR CHANGE OF USE OF EXISTING HARBOR PACILITIES; Chapter 11 Harbor F~tCacfiment `'A" 5/11!2007 9:37 A.~4 C:~ocuments and Setnngs\cfreas\Local Setiins\Temporary ineemet Files10LKB\Chapter ll.doc Page 3 of 46 194 (2) SUBMIT' ANNUALLY TO THE CITY A~LANAGER AND COUNCII., NOT LESS THAN NINETY (90) DAYS PRIOR TO THE BEGINNING OF THE BUDGET YEAR, A LIST OF THE RECOMMENDED CAPITAL IMPROVEMENTS WHICI3, IN THE. OPINION OF THE COMMISSION. ARE NECESSARY OR DESII2ABLE TO BE CONSTRUCTED DURING THE I'ORTHCOMING THREE (3) YEAR PERIOD. SUCH LIST SHALL BE ARRANGED I.N ORDER OF PREFERENCE, WITH RECOMMENDATION'S AS TO WHICH PROJECTS SHALL BE CONSTRUCTED IN WHICH YEAR. (3) MAKE INVESTIGATIONS REGARDING ANY MATTER RELATED TO CITY HARBOR FACILITIES, TIDE OR SUBMERGED LANDS I~AKF';_ RECOMMENDATIONS TO THL- COUNCIL RELATIVE TO TEdiv CARE, CONTROL, AND DEVELOPMEN"I' OF TIDE ANI) SUBMERGED LANDS. (4) ACT IN THE CAPACITY AS DiRECTEDAN~ AUTHO32IZED BY A TIDELANDS ORDINANCE ADOPTED BY THE CITY (5) REVIEW ALL CITY LEASES OF C1'1"Y-OWNED TIDE, SUBMERGED, AND LANDS OR NAVIGABLE WATERS. WITHLN TTI3EE CITY, Ai~;?I7 AS TO THE RLANNED IMPROVEMEN"I'S PROPOSED ANl} MAKE RECOMMENDATIONS TO THE CITY __ COUNCIL. (5) MAKE AND PREPAREREPORTS AND PLANS FOR APPROVAL BY THE CITY COUNCIL. (7) COORDINATE PUBLIC EFFORT5x:INDNIDUAL AND GROUP, TO THE EFFECTUATION OF APPROVED PLANS (8) SHALL ACT IN f~DVISORY CAPACITY IN THE SELECTION OF A HARBOR DIRECTOR:S°FIOULDi`SUCH A POSITION BE CREATED BY THE CITY COUNCIL.] - . Chapter 1 11.1Sc030 Approval and acceptance of State conveyance. 1115:040 Approval and adoption of subdivision plat. 1.1.15.050 Time and places oP posting plat. 11.15.060 PuhlicaUtin of notice of posting plat and plat and passage of ordinance. 11.15.070 Trme-an v`~hich applications will be accepted far filing. 11.15.080 Procedure for filing applications. 11..15.090 Initial review by Commission. 1.1..15.10(} Prelirrdnary plat. 1.11.5.ll0 Preliminar}~ plat requirements. 1L15.120 Survey pracednre. 21.15.130 Procedure on final plat. 1L15.140 Final plat requirements. 11.1515{t Zleposits for costs prerequisite to filing. 11.15.160 Additional costs in certain cases. Chapter 11 Harbor - Attaohmen[ "A^ 5! t 1 /2007 9:37 AM CaDocuments and Settin~s\oireas\Local SetfutgslTemparary Snternet Files\OLKB\Chapfer 1 ].doc Page4of 46 195 11.15.170 Procedures for processing filed applications. 11..15.180 Appraisal 11..15.190 Review by City Engineer. 11:15.200 Recommended approval by Commission. ll.15.210 Processing of approved applications by Clerk and notice to public. 11.15.224 Deeds-Permanent register. 11.15.230 Special proceedings for disputed claims. 11..15.240 Proceedings for determination by Cowicil of all disputes. 11.15.250 Determination. upon stipulation of facts. _ L1.1.5.260 Rejection of protests other than. by applicant. '' 11.1.5.270 Handling of deposit and purchase funds. 11.15.280 Forfeiture of preference rights. 11.15.290 Forms. _ , 11.15.010 SHORT TTTLE. [THIS ORDINANCE SHALL BE KNOW: AS THE ``ICENAI TIDELAND" ORDINANCE."] :_ 11.15.020 DEFINITIONS. [FOR THE PURPOSE OF THIS-ORDIIvTANCE, THE TERMS DEPINED HEREIN SHALL HAVE THE MEANING PROVIDED:IINLESS THE COP,"I'EXT REQUIRES OTHERWISE: (A} `"ALASKA" MEANS THE STATE OF ALASKA. - (B) "AGRICULTURAL. LANDS" MEANS TID'SLANDS CHIEFLY VALUABLE FOR AGRICULTURAL PURPL7SES. (C) "ASSES50I~'=MEANS THE ASSESSOR S~F THE CITY OF KENAI, ALASKA, OR OTHER INDIVIDUAL D~SIGNA'fED BY THE CI`T'Y' MANAGER TO PERFORM TI-iE FUNCTIONS I~REIN ASSIGNED TO''HE ASSESSOR. (D) CI"F'= MEADS THE CITY OF KENAI, ALASKA. (E) ~"CITI' ENG~ER°',MEANS TH1= CITY ENGINEER OF THE CITY, OR OTHER CIT~1 OFRf~IAL DESIGNA'L'ED TO PERFORM THE FUNCTIONS HEREIlV ASSIGNED TO THE CITY ENGINEER. (F} "CLASS L,PREFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO PERSONS WHO OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS SEAWARD OF A SURVEI'ED TOWNSITE.t~N AND PRIOR TO SEPTEMBER 7, 1957, AND WHO HAVE EXECL?TED A WAIVER TO THE CITY AND STA'L'E OF ALL RIGHTS SUCH OCCUPANT MAY HAVE HAD PT7R5UANT TO PUBLIC LAW 55-303. UPON EXECUTION OF THE WAIVER, SUCH PERSONS OR T'I-IEIR SUCCESSORS IN L'VTEREST, HAVE THE RIGHT' TO ACQL7IRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS FROM THE CITY FOR CONSIDERATION OF THE COSTS OF SURVEY, AND TRANSFERRING A_ND CONVEYING TIC TITLE. (G) "CLASS II PREFERENCE RIGHT°' MEANS THE RIGHT EXTENDED TO CLASS I PREFERENCE RIGHT CLAIMANTS WHO REFUSE TO EXECUTE A WAIVER TO THE CZTY OF ANY RIGHTS SUCH OCCUPANTS MAY HAVE ACQUIRED PURSUANT TO Chapter Il E~Iarbor Attachment "A" 5/11/2007 9:37 AM C:\Docwnents and SectingslefreasU,cca1 Seeeings\'Pemporary IneerneC F21es50LKB1ChapCe: 71.doc Page 5 of 46 196 PUBLIC LAW 85-363. IT SHALL BE MANDATORY FOR THE CITY TO EXPEDITIOUSLY HONOR THE APPLICATION FROM THE OCCUPANT AFTER THE SECRETARY OF THE ARMY HAS SUBMITTED TO TIC SECRETARY OF THE INTERIOR AND GOVERNOR OF THE STATE MAPS SHOWLNG THE PIERHEAD LLNE ESTABLISHED BY THE CORPS OF ENGINEERS WITH RESPECT TO THE TRACT SO GRANTED. THE MOST EXPEDITIOUS METHOD OF SECURING TITLE TO SUCH LANDS IS TO EXECUTE THE WAIVER OF CLASS II RIGHTS AND PROCEED TO APPLY FOR TITLE UNDER A CLASSIPREFERENCERIGHT. (Ij "CLASS III PREFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO PERSONS WHO OCCLZ'IED OR DEVELOPED TIDE OR SUBMERGED LANDS AFTER .SEPTEMBER 7, 1457, AND WHO CONTLNUED TO OCCUPY THE;$AME ON .IANUARY 3, 1959. SUCH PERSONS, OR THEIR SUCCESSORS HA~?E THE RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMl~I~C'iED LANDS FOR A CONSIDERATION NOT TO EXCEED THE COSTS 45T' APPRAISAL, AND THE ADMINISTERING AND TRANSFERRING, INCL[IDIIvG SIi7RVEY, TOGETHER KITH THE APPRAISED FAIR MARKET VALUE TI~REpF, EXCLUSIVE OF ANY VALUE OCCURRING FROM IMPROVEMENTS OR DEVELOPME2~T, ~LICH, AS FILti MATERIAL, BUILDING, OR STRUCTURES THEREON. (I) "CLERK" MEAIvT5 THE CLERK-.QF,THE CITY. (K) "COMMISSION" MEANS THE CTI`Y OF KENAI ADVISORY HARBOR coMMlssloN. (L) "DIRECTOR" MEANS THE DIRECTOR OF LANDS,';BTATE OF ALASKA. (M) "DIR,ECTOR'S Lil~`E" I~I~ANS A LINE SEAWARD OF THE CITY, APPROVED BY THE DIRECTOR, ~V1TH THE CgNCURRENCE,OF THE COMMISSIONER OF NATURAL RESOURCES, STATE" OF,ALASKA, SEAWARD OF ALL TIDE AND SUBMERGED LANDS OCCUPIED OR SUITABLE FOR OCCUPATION AND DEVELOPMENT _ -- WITHOUT Tj~RE~SONABLE INTERFEENE WITH NAVIGATION. (N) FA~12 MARKET VALUE" MEANS THE HIGHEST PRICE, DESCRIBED IN TERMS OF MONEY, WHICH THE PROPERTY..=WOULD BRING IF EXPOSED FOR SALE FOR A REASO?vTA}jLE TLME LN T~ OPEN IvIARKET, WITH A SELLER, WILLING BL'T NOT FORCED T~)` SELL, AND A BUYER, WILLING BUT NOT FORCED TO BUY, BOTH BEING FULLY INFORMED OF ALL THE PURPOSES FOR WHICH THE PROPERTY IS BEST A'DAFTED.t:~$ COU~.p BE USED. (O) "FII.L" SHALLiMEAN EARTH, GRAVEL, ROCK, SAND, OR OTHER SIIvIILAR MATERIALS PLACED'"`UPON TIDE OR CONTIGUOUS SUBMERGED LANDS TO A HEIGHT ABOVE THE HIGH WATER LIlv'E FOR THE PURPOSE OF ELEVATING THE LANDS FOR A SPECIAL USEFUL PURPOSE. EARTH, GRAVEL, ROCK, SAND, OR OTHER SIMILAR MATERIALS, PLACED ON TIi7E OR CONTIGUOUS SUBMERGED LA.NTD SOLELY FOR THE PURPOSE OF SPOILS DISPOSAL SHALL ?v'OT BE CONSIDERED FILL UNLESS SUCH FILL WAS USED FOR USEFUL AND BENEFICIAL PURPOSE ON AND PRIOR TO IANUARY 3, 1959. {P) "HEARINGS OFFICER" MEAIVTS THAT CITY OFFICIAL EMPLOYED TO HEAR DISPUTES BETWEEN CLAIMANTS, SUMMARIZE THE TESTIMONY ,ATTEMPT TO _ Clu;pter l I Harbor Actaclunent "A° 5/11./2007 937 AM C~.\Uocu;nents aad Settingsu:f'reas\Local Settings\Temporary Internet Files\OLKB\Cha~prer it.doc Page 6 of 46 197 REACH STIPULATIONS OF FACT BETWEEN THE PARTIES, ASSEMBLE THE RECORD OF TI-ID DISPUTE, AND SUBMIT THE SAME TO THE COUNCIL FOR DETERM"i1NATION. (Q) "IMPROVEMENTS" MEANS BUILDINGS, WHARVES, PIERS, DRY DOCKS, AND OT'rIER SIMILAR TYPES OF STRUCTURES PERMANENTLY FIXED TO THE TII)E OR CONTIGUOUS SUBMERGED LANDS T7=IAT WERE CONSTRUCTED ANDIOR MAINTAINED BY THE APPLICANT FOR BUSINESS, COMMERCIAL, RECREATION, RESIDENTIAL, OR OTHER BENEFICIAL USES OR PURPOSES. FLOATS SECURED BX GUII7E PILES USED AS FLOATING WHARVES, WHERE ACCESS I.PS`~'ROVIDED TO THE SHORE, SHALLBE IMPROVEMENTS WTI`I-IiN THE MEANIIvG OF THIS SECTION, AND FILL MATERIAL NOT ACTUALLY IN PLACE TO AB~JVE `~~HE LINE OF MEAN HIGH TIDE OF JANUARY 3, 1459 AND ACTUALLY UTIUIZED POR BENEFICIAL PURPOSES ON JANUARY 3, 1959 BY THE APPLICA~~ SIIAI.L BE CONSIDERED A PERMANENT IMPROVEMENT, BUT IN NO EVENT~SHFI.LFII..L BE CCNSIDERED A PERMANENT IMPROVEMENT WHEN PLACED ON THE TIDELANDS SOLEL~_ :FOR THE PURPOSE OF DISPOSING OF WASTE O~ SI?C3ILS. FILL MATERIAL Nf?'[' UTILIZED FOR A BENEFICIAL PURPOSE ON AND E'RIOR T(73ANUARY 3'~ 1959, AND FILL MATERIAL NOT ACTUALLY LN PLACE TO ABOVE THE LFNE MEAN HIGH TII7E ON JANUARY 3, 1959 SHALL NOT I IT BE INCLUDED IN ANY APPLTCA RIGHTS HEREUNDER. (R) "INDUSTRIAL AND VALUABLE FOR INDL'STF (S) "KENAI" MEF (T) "MANAGED'<. {U) "MEAN HTGH TII BE INTERPRETED,:AS T THE HIGI£'VVATERS QB YEARS. MEAN HIGH R? INTET~SECTION OF THI {V) "ME4N LOW TIL WATER WHIC€I-IS THE OF BASIS FOR`~N,APPLICATION, NOR. SHALL 'OR THE EKERCISE OS' PREFERENCE LAISTt)S" 1~IEAl~TS-'I'IDE LANDS CHIEFLY TLI2ING, OR COMMERCIAL PURPOSES. fAI, ALASKA. 'sR ~F THE CITY OF KENAI, ALASKA. CT TO TIDAL INFLUENCE SHALL DERIVED FROM AVERAGING ALL Q AT THAT PLACE OVER A PERIOD O.F NINETEEN (19) SHALLBE INTERPRETED TO BE AS THE M PLACE OF MEAN HIGH WATER WITI3 THE SHORE. S,L BE LNTERPRETED TO BE iY1EAN LOWER LOW OF THE LOWER OF THE TWO LOW WATERS OF EACH DAY FOR A TIDAL. CYCLE OF NINETEEN (19j YEARS. (W} "OCCUPANT"'ME'z1NS ANY PERSON AS DEFINED HEREIN, OR HIS SUCCESSOR IN INTIrREST, 4VH0 ACTUALLY OCCUPIED FOR ANY BUSINESS, RESIDENTIAL, OR OTHER BENEFICIAL PURPOSE, TIDE OR SUBMERGED LAND, WITHLN THE CONVEYANCE OF SUCH BY THE STATE TO THE CITY, ON OR PKIOR TO JANUARY 3, 1959, WITH SUBSTANTIAL PERMANENT IMPROVEMENTS. NO PERSON SHALLBE CONSIDERED AN OCCUPANT BY REASON OF HAVING: (I) PLACED A FISH TRAP IN POSITION FOR OPERATION OR STORAGE LBON THE TIDE, SHORE, OR SUBMERGED LAND; (2) PLACED A SET NET OR PILING THEREFOR OR ANY OTHER DEVICE OR FACILITY FOR TAKING OF FISH; Chapter 1I Harbor SI71I2A67 9:37 AM Attachment "A" CaUocuments and Settingstefreas\Local SettingslTempnraty Internet FileslOLKB\Chapter l.l.doc Page7o198 (3} PLACED PILINGS OR DOLPHINS FOR LONG STORAGE OR OTHER MOORAGE; (~) PLACED TELEPHONE, POWER, OR OTHER TRANSMISSION FACILITIES, ROADS, TRAILS, OR OTHER CONTIGUOUS SUBMERGED LANDS; OR (5} CLAIMED THE LP.IND BY VIRTUE OF SOME FORM OF CONSTRUCTIVE OCCUPANCY. WHERE LAND IS OCCUPIED BY A PERSON OTHER TFIAN THE OWNER OF THE IMPROVEMENTS THEREON, THE OWNER OF THE IMPROVEMENTS SHALL, FOR THE PURPOSE OF THIS ORDINANCE, BE CONSIDk~:ED TI-IE OCCUPANT OF SUCH LANDS. -- (X} "OCCUPIED OR DEVELOPED" MEANS THE ACTLTAI; USE, CONTROL, AND OCCUPANCY, BUT NOT NECESSARILY RESIDENCE, QF`THE TIDE OR SUBMERGED LAND BY THE ESTABLISHMENT THEREON OF SUBSTAN_ TIALPERMANENT LNIPROVEMENTS. (Y) "ORDINANCE" MEANS THE I~NAI TIDELANDS.,ORDINANCE. (Z} "PARK AND RECREATION LANDS" MEA~l?IS TIDELANDS CHIEFLY ~ALUABLB FOR PUBLIC PARK AND RECREATION USE, INCLUDING SC~ENTC OVERLOOKS. {AA) "PERSON°' MEANS ANY PERSON, FIRM, CORPOR;,ATION, COOPERATIVE ASSOCIATION, PARTNERSHIP OR {ETHER ENTITY LEGALLY CAPABLE OF OWNING LAND OR ANY .INTEREST THEREIN (BB) "PIERHEAD LINE" IS A LINE FLXED BY TIE CORPS OF ENGINEERS ROUGHLY PARALLEL TO THE EXISTING LINE OF MEAN=I,OW TIDE AT SUCH DISTANCE OFFSHORE TI-TEREFROMTHAT SAID PIERHEAD LINE, SHALL ENCOMPASS LANDWARD ALL STATIONARY, MANMADE STRUCTURES UNDER THE AUTHORTI'Y OF PUBLIC LAW 8~-303. (CC) "PREFBRENCE RIGHT":SUBJECT TO THE~CLASSIFTCATIONS THEREOF HEREIN ESTABLISHED MEAIvTS THE BrTiT' bF AN OCCUPANT TO ACQUIRE BY __ - GRANT P~RCHASE,;OR OTHERWISE, fiT THE ELECTION OFTHE OCCUPANT, EXCEPT AS OTHERI~ISE LIMITED OR PRESCRIBED IN THIS ORDLNANCE, ANY LOT, PIEG~E, FARCEL, OR TRACT OF T1D~DAND OR SUBMERGED LAND OCCCPIED OR DEVELOPED BY SUCH OCCUPANT' ON AND PRIOR Z'O JANUARY 3, 1.459. (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 THEIIt NATURAL STATE, WITHOUT BEING AFFECTED BY MAI~IVIADE STRUCTURES; FILL, AND SO FORTH. (FF) "SUBSTAN"TIAL PERMANEN'T' IMPROVEMENTS" SHALL FOR THE PURPOSES OF THE ORDINANCE HAVE THE SAME MEANING AS LMPROVEMENTS, AS HEREIN DEFINED. (GG} "TIDELANDS" MEANS LANDS PERIODICALLI' COVERED BY TIDAL WATERS BETWEEN THE ELEVATIONS OF MEAN HIGH TIDE AND MEAN LOW TIDES, WITHOUT REGARD TO ARTIFICIAL INTERFERENCE WITH TIDAL FLOWS CAUSED BY MANMADE STRUCTURES, BREAKWATERS, FILL, AND THE LIKE. WHEN USED Chanter I1 Harbor _.. Attachment "A° 5/112007 9:37 AM C:1Doc¢ments and SettingslefreaslLocal SectingsiTemporary Internee Files\OLKIi\Chaptex I t.doc Pale 8 of 46 199 IN THIS ORDLNANCE, IT SHALL ALSO INCLUDE SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY. (HH) "TIDELANDS SUBDIVISION PLAT" IS THAT CERTAIN PLAT OF SUBDNISION OF TIDELANDS AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY MADE BY H.H. GALLIET T, JR., REGISTERED ENGII~TEER, DATED DECEMBER, 1968, KNOWN AS ALASKA TIDELANDS SURVEY N0.272 AND FILED AS 76-179 IN THE KENAI RECORDING DISTRICT SHORTING ALL STRUCTURES AND IMPROVEMENTS THEREON AND THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED, TOGETHER WITH THE NAME OF THE OWNER OR CLAIMANT'THIrREOF, INCLUDING WITHIN THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED SUCH SURROUNDING TIDE AND SUBMEk~EDIiANDS AS SHALL BE REASONABLY NECESSARY IN THE OPINION OF THECDUNCIL RJR TflE USE AND ENJOYMENT OF THE STRUCTURES AND IMPROVEI~IEh~'S THEREON BY THE OWN'BR OR CLAIMANT, BUT SHALL NOT INCLEJDE Al~'I' TII}E OR SLT;gMERGED LANDS WHICH IF GRANTED TO SUCH OCCLFI'ANT, WOULD UNJUSTLY DEL_'--RIVE ANY OCCUPANT OF ADJOINING LANDS FRI325IFIIS REASONABLE USE AND ENJOYMENT THEREOF.] IL15.430 APPROVAL AND ACCEPT~4~GE OF STATE C(7P~?VEYANCE. [THE CONVEYANCE BY THE S'K`ATE T~J THE CITY, DA`D 7ANliARY 6,1977 OF TIDELANDS AND SUBMERGED LANDS LYINCi<SEAWARD OF THE CITY IS HEREBY APPROVED AND ACCEPTED AND TI3E LAi~DS T-I-IEREII~T ARE HEREBY DECLARED INCORPORATBD:INTO THE LINF~I'S OF THE CITY.] 11.15.040 APPROV-AT, r~ND AD[3PTION OF SU13I3YVISION PLAT. [THE TIDELANDS SUBL?TVISION PLAT, HEREINAFTER CALLED "PLAT" IS HEREBY AP1'ROVIrD AND ADOPTED AS T1~E OFFICIAL TIDELANDS SUBDIVISION PLAT OF CITY OF KENAI, ALASKA, OF TIDE AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY BY CONVEYANCE DATED JANUARY 6, 2977. SAID. ALASKA TII3E~,ANDS SURVEY IS NUMBERED 272 AND IS FILED UNDER 76-279 IN TFIE KENAI RECIjRDING DISTRICT.] IL15A50 TIME A~7I3 PLACES OF POSTING PLAT. [SAID PLAT SNAIL BE POSTED FOR A PERIOD OF NOT LESS THAN SIXTY {60) DAYS, COMMENCING WITH THE DATE FOLLOWING THE DATE OF FINAL PASSAGE OF THIS F~RDFNANCE, IN THE OFFTCE OF THE CLERK, CITY HALL BUILDING.] 11.15.060 PUBLICATION OF NOTICE OF POSTING PLAT AND PLAT AND PASSAGE OF ORDINANCE. [THE CLERK SHALL CAUSE TO BE ISSUED AND PUBLISHED ONCE A WEEK FOR FOUR WEEKS, IN A NEW SPAPBR OF GENERAL CIRCULATION IN THE CITY, COMMENCING THE DAY AFTER THE DATE OF FINAL PASSAGE OF THIS Chapter R Hazbor Attachment "A" 5/i1l2007 9:37 AM C:\Documents and Seztings\efareas\Local SetCings.Temporary Internet Fi1~slOLK6\Chapter 1 t.doc Page y o200 ORDINANCE, A NOTICE OF THE POSTING OF SAID PLAT CONTAINING THE FOLLOWING STATEMENTS: (A) TIME AND PLACE OF POSTING. (B) THE DAY OF FINAL PASSAGE AlvTD THE EFFECTIVE DATE OF THIS ORDINANCE WHICH ADOPTS THE PLAT AS TFIE OFFICIAL TIDELANDS SUBDIVISION PLAT OF THE TIDE AND SUBMERGED LAI~IDS CONVEYED Bl' THE STATE TO THE CITY ON JANUARY 6, 1977. {C) THAT ANYAND ALL PERSONS HAVING OR CLAIMING PFERENCE RIGHTS PRO~~IDED BY LAW AND AS HEREIN DEFINED TO ANY PART OR PARTS OF THE SUBDIVIDED LAND EMBRACED WITHIN THE BOUNDA&t~S OF SAID Pi.AT, WHO FAIL TO APPLY TO EXERCFSE SUCH RIGHTS UNDER~'HE PROVISIONS OF THIS ORDINANCE WITHIN TWO {2) YEARS FROM AND AFTER OCTOBER 6, 1979, WHICH IS HEREBY DECLARED TO BE THE DATE UPON',WHICH ?.PPLICATIONS THEREFOR WILL BE FIILST ACCEPTED BY THE CITY, SHAM., HA PREFERENCE RIGHTS PROVIDED BY LAW~iND, THIS {D) THATTHTS ORDINANCE WAS ENACTEDTt PREFERENCE RIGHTS, TO AFFORD DUE PROCES` PROCEDURES FOR APPLYING FOR~XE'RCISE OF HEARING AND ADJUDICATING ADVEI2SE,CLAIM TO OCCUPANTS HOLDING ORDINANCE. {E) THAT COPIES AVAILABLE AT THE 1L15.070 TIME IN 11.1 DATE OF' 3R AND A7 )N FORMS THE CLERIC OF cGT OCCUPANTS HAVING W, TO PROVIDE tENCE RIGHTS, FOR FOR CONVEYING TFTLE D B~' LAW AND THIS FORMS ARE P.PLICA`£IONS ~'V'I~L BE ACCIiPTEI) FOR FILING ~'; IN SI`JBSTANTiALLY THE FORM SET FORTH IN KNIC TED FOR PILII~'G ONE BUSINESS DAY AFTER THE RDINANCE, AND ENDING TWO CALENDAR YEARS :LOSE O~ BUSINESS AT 5:00 P.M., AFTER WHICH NO BE FURNISHED AND AFTER WHICH NO APPLICATIONS WILL BE ACCEPTED FOR FILING.] 11.15.OS0 PROCrTJRE F`~R FILING APPLICATIONS. [APPLICATIONS'SHALL BE SUBMITTED, AND WILL BE RECEIVED FOR FILING, ONLY FOR=THE PURPOSE OF CLAIMII^vG PREFERENCE RIGHTS HEREIN DEFINED TO THE TIDELANDS CONVEYED TO THE CITY BY THE STATE. (A) APPLICATION FORMS WILL BE PROVIDED BY THE CLERK R'ITHOUT CHARGE AT THE CITY CLERK'S OFFICE IN THE CITY HALL BUILDING. (B) APPLICATIONS MUST BE SUBMITTED l3V TRIPLICATE. (C) APPLICATIONS NOT CLEARLY LEGIBLE NOR PROPERLY COMPLETED AND CERTIFIED BY THE APPLICANT WILL NOT BE ACCEPTED FOR FILING. SINCE THE FACT ALLEGED MAY BE USED IN HEARINGS OF DISPUTES THEIR TRUTH MUST BE ChaPtez 11 Aacbor Attachment "A" 5/112007 9:37 AM C:\Documants anG Settings\cireus\i.oca] Settings\Temposaiy Internet Fiiesl0LKSlChapie: I I,doc Page 10 a!' 46 201 CERTIPIED. THE FACTS ALLEGED 4VII.L ALSO BE THE BASIS FOR THE CONVEYANCES OF VALUABLE PROPERTY. WILLFUL AND DELIBERATE MISSTATEMENTS OF FACT WILL BE EQUIVALENT TO ATl'EMPTING TO OBTAIN VALUABLE PUBLIC PROPERTY BY MISREPRESENTATION AND MAYBE PROSECUTED AS OBTAINING PROPERTI' UNDER FALSE PRETENSES. (D) APPLICATIONS MAY BB MAILED TO THE CITY CLERK, P.0. BOX 580, KENAI, ALASKA, 99611, WITH THE PROPER DEPOSIT COMPUTED ACCORDING TO THE NATURE OF THE APPLICATION MADE. APPLICATIONS PROPF.NTtLY COMPLETED ACCOMPANIED WITH THE PROPER DEPOSIT WILL BE STAMT?ED -WITH TIC TIME A_ND DATE OF EYEING AND SIGNED BI' fiHE PERSON ACGL;PTING THE DEPOSIT. THE TRIl?LICATE COPY WILL THEN BE DELIVERED TOt1~IIE APPLICANT, OR MAILED '1"O HIM IF A RETURN ENVELOPE WITH POSTAGE AFFIXED IS FURNISHED OR DELIVERED TO THE CITY CLERK, CITY ADMIN~STfiATION OFFICES, AIRPORT TERMINAL BUILDING, KENAI, ALASKA, (E) ANY APPLICATION FOR A DEED BASED;QN AN'e1SSERTED RIGH'I';p^THER THAN A PREFERENCE RIGHT SHALL BE REIEC3'ED. (F) ANY APPLICATIONS NOT WANING THE CLASS II PREFERENCE RIGHT SHALL BE FILED BY THE CLERK,'1_QGETHER WITH AIZ OTHERS OF LIKE NATURE, TO AWAIT THE OFFICIAL PROMt SUCH APPLICATIOIlTS SHALL BE CLASS I RIGHTS. OF THE PIERHEAD LINE. THEREAFTER D:AS APPLICATIOI*~S UNDER THE (G) APPLICATIONS SHALL BE REJECTED 11.15.090 INIT] [AFTER FINAL B'' THE PROPER DEPOSIT FOR COSTS ):~._ 'L~~ATION BY THE COMMISSION, THE S O4VN COST A PRELIMINARY AND TYING SECTION.] 11.15.100 PRELIMINARY PLAT. [(A) THE AI'PLICAIv~T SHALL PREPARE, OR HAVE PREPARED, A PRELIMLARY PLAT OF THE TIDE, SHORE; OR SUBMERGED LANDS WHICH HE CLAIMS. THIS PLAT SE-IALL COMPLY WITH THE REQUIREMENTS HEREINAFTER SET FORTH. (B) THE PURPOSE OF A PRELIMNARY PLAT IS TO AFFORD THE OCCUPANT AN OPPORTUNTI'Y OF I~ECENING PRELIIvIINARY REVIEW AND PREVENT THE UNNECESSARY EXPENDITURE OF MONEY AND TIME THAT WOULD BE NECESSITATED IF MAJOR CHANGES WERE REQUIRED. (C) THE APPLICANT MUST FILE HIS APPLICATION ACCOMPANIED BY FOUR BLACK OR BLUE-LLNED PLATS OF THE LAYOUT. (D) THE COMMISSION SHALL FORWARD THE PRELA~IINARY PLAT TO AN ENGINEER TO BE DESIGNATED BY THE COMMISSION, WHO SHALL REPORT TO THE COMMISSION HIS APPROVAL OR DISAPPROVAL OF THE PLAT FOR TECHNICAL OR ENGINEERING REASONS AND THE COMMISSION SHALL, WITHIlv' C4apter 11 fiarbar A:Cachment "A^ 5/1112007 9:37 AM C:~S)ocnmen¢s and Settings\c€reas\Locai Settings\Tem~porazy Internet Piles\0L[iB1CFaptez l l.doc Page 11 of 46 `ZOZ NINETY (90) DAYS AFTER SUBMISSION OF THE PRELIMINARY PLAT, NOTIFY THE APPLICANT OF THE TENTATIVE APPROVAL OR DISAPPROVAL OF THE PLAT AND HIS REASONS THEREFOR. (E) CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT SHALL NOT CONSTITUTE APPROVAL OF THE FINAL PLAT. RATHER, IT SHALL BE DEEMED AN EXPRESSION OF APPROVAL AS A GUIDE TO PREPARATION OF THE FINAL PLAT.] Ii.I5.110 PRELIMINARY PLAT REQUIREMENTS.. - [THE PRELIMINARY PLAT SHALL SHOW THE FOLLOWING"INFORMATION: (A) LEGAL DESCRIPTION OF LOCATION TO INCLUL!E LATITUDE AND LONGITUDE TO THE NEAREST MIiv`UTE AT Oiv'E CORNIER OF TI=IE SURVEY AND THE TOTAL ACRES OF THE AREA OCCUPIED OR CIrAIMED. (B} NAME AND ADDRESS OF APPLICAIv'T AiS~ NAME OF LAND SURVEYOR, IF ANY, WHO PREPARED THE PRELIMINARY I,AYOL'T. :; - (C} THE HORIZONTAL SCALE SHALL BE 100' TO THE'I~?CH UNLESS OTHERWISE APPROVED BY THE COMMISSION. (D) DATE OF PREPARATION AND NORTH POINT. (E) THE HORIZONTAL SCALE SHF~LL BE I00' TO THE INCH_UNLESS OTHERWISE APPROVED BY THE COMMISSION. (F) THE LOCATION OF ALL ROADS WTTHII~? ~20D° OF.~I3E TRACT, FILL MATERIAL, EXISTING PERMANENT BUILDINTGS OR OP~R STRUCTURES WITHIN THE PARCEL. EXISTING UTTIITY LINES, MEAN HIGIT'AND LOW TIDE LINES WITH REFERENCE TO PT~32MA:NENT'STRUCTURESsAI~tD OTHER PERMANENT FEATURES SUCH AS SECTIONT LINES, AND SUCH OTHER I1~FORMATION AS MAYBE REQUESTED BY THE CTFY. (G} SPACER APPROVAL AND/OR CONSMENT BY THE COMMISSION. (H) THE NAMES OF AD7ACENT OWNERS OR CLAIMANTS, IP ANY, OTHER THAN THE CITy'. __ (I) AD7AGENT U.S. SURVEYS; IF ANY, GIVLNG THE NUMBER OF THE SURVEY. (7) A VICINITY SKETCH:OR KEY MAP SHOULD BE SHOWN ON TFIE PRELIMLNARl' LAXOUT.THE SCALE SHALL NOT BE LESS THAN ONE-HALF IN'CYi TO THE MILE. THE RELATIVE LOCATION OF THE PARCEL BELNG APPLIED FOR, THE PRINCIPAL ROfD'SYSTEMS AND SECTION OR SPECIAL SURVEY LINES SHALL ALSO $E SHOWN.] "' 11.15.120 SURVEY PROCETIURE. ,(WHEREVER FEASIBLE, DATA AS SET FORTH IN ATS 272, RECORDED IN THE IiENAT 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 Tff3E. Chapter 17 Harnar Att2ch,ment "A'. 5!11120(77 937 AM C:1Documenfs and Settins\efreas~3..oca1 ScttingsiTemporary hiternet Fites\OLKI3:Chapter 11.doc Page 12 0€ 46 'Z®~ (1) IN THE CASE OF U.S. SURVEY WHICH ABL~'I'S THE TIDELAIv'DS, SUCH U.S. SURVEY BEING MADE PRIOR TO THE DATE OF STATEHOOD, THE LINE OF MEAN HIGH TIDE SHALL BE CONSTRUED TO BE EITHER THE MEANDER LWES ESTABLISHED ON THE SEAWARD SIDE OF THE U.S. SURVEY OR THE LIi~TE AS DEFINED UNDER SECTION 2(S) OF THESE REGULAfifONS, WHICHEVER IS THE LOWER. (2) FOR T]DELANDS SURVEYS ABUTTING ANY U.S. SURVEY MADE AFTER TIIE DATE OF STATEHOOD OR IN A.NY LOCATION WHERE NO UPLANDS SURVEY EXISTS, THE LIMB OF MEAN HIGH TIDE SHALL BE f-~ETE72MINED BY USING U.S.C. & G.S. BENCH MARKS (OR ANY OTHER BENCH MARKS WHICH HAVE BEEN ESTABLISHED FROM THAT SOURCE), AND TIDE °FABLE;DATUM.. THE UT'LAND BOUNDARY NEED NOT FOLLOW THIS LINI/IN ITS EN'T'IRE EXACTNESS, BUT MAY FOLLOW IN A "MEAANDER" OR "AVERAGE'.' LINE OF MEAN HIGH TIDE. EACH END OF THE BOUNDARY SHOULD BE ESTABLISHED ONr THE ELEVATIORT OF MEAN HIGH TIDE. PROVIDED, HOWEVER, THAT WHERE THE TRUE LINE O.I~ MEAN HIGH TIDE HA5 BEEN ALTERED BY FILL DR ARTIFICIAT.,ACCRETION, TEIE LINE OF HIGH TIDE AS IT EXISTED PRIOR TO SUCH ALTERATiO3v SHALL GO~B2N. (3) IN THE CASE THAT NO U.S.C. & G.S. BENCH MARK EXISTS WITFIiN ONE MILE OF THE PROPERTY BEII~~ SURVEYED, THE ~LTRVEYOR MAY, BY USING THE TIDE TABLES FOR THE IMMEDIATE I3QDY OF WATER, A~~D APPLYING TIDAL READINGS HE HAS TAKEN, DETERMI2>*TE THE LINE Or MEAN-HIGH TIDE AND USE IT IN ACCORDANCE WITH PARAGRAPH (2) O,Fy`FH[S SECTION. IN SOME CASES, SUCH AS SALT OR MUD FLAT AREAS WHETS THE AVERAGE GRADE OF THE BENCH IS TEN PERCENT {IQ°jo);OR LESS AND DETERMINING THE ELEVATION OF THE LINE OF MEAN HIGH TTDE;COULD CREATE A LENGTHY HORIZONTAL DISTANCE, THE CITY COUNCIL MAY REQtTII2E=THAT THE TRUE LINE OF MEAN HIGH TIDE BE ESTABLISHED;.I2EGARDLESSsOF THE DISTANCE FROM A KNOWN BENCH MARK` (B) METHOD OF ESTABLISkIII~TG SIDE BOUI~TDARY LINES. '(1):, IN FIXING 3'I3E SIDE Bf~UNDARY LINTES, THE GENERAL RULES OF EXTENDINL~ RIPARIAN BOUNDf~RY LINES, AS OUTLINED BY SUCH AUTHORS AS RAYNER, CLARK OR BROWN, SHALL BE FOLLOWED. IN TI3E EVENT THAT ACTUAL OCCUPANCY DOES NOT MATCH THE RIPARIAN BOUNDARIES, THE SURVEY SHALL BE MADE TO INCLUDE THE OCCUPANT' S HOLDINGS AND NOT TO ENCROACH ON THE:AT~.TOINING OCCUPANT. 11.15.130 PROCEDURE ON FINAL PLAT. {(A) THE FINAL PLAT SFiALL CONFORM SUBSTANTIALLY TO THE PRELIMINARY LAYOUT AS APPROVED BY TIC COMMISSION. (B j THE FINAL, PLAT SHALL BE SUBMITTED TO THE CITY CLERK ON GOOD QUALTI'Y TRACING CLOTH, III' INK, OR MYLARS TOGETHER WITH FIVE PRINTS. (C) THE FINAL PLAT SFIALL BE DRAWN TO SCALE OF I" EQUALS 100', WITH AN OPTION OF USING I" EQUALS 20' OR 40', ON SHEETS OF ONE OF THREE SIZES, IS" Chanter ].l Harbor Attachment "A" 5111!2007 9:34 AM Q\Documents at:d Settingslcfrcas\Local SettingslTempmary intemet Files\OLKB\Chapter l Ldoc Page 13 of 4G 204 X 24", 3I 1/Z" X 34", OR 22" X 36", UNLESS OTFIERWISE APPROVED BY THE COMMISSION. WHEN MORE THAN ONE SHEET IS REQUIRED, AN LNDEX SHALL BE FILED SHOWING THE ENTIRE PARCEL WITH THE SIiEETS IN NUMERICAL ORDER, AND EACH SHEET SHOWING THE TOTAL NUMBER, LE., SHEET I OF 3. WHEN MORE THAN ONE SHEET IS SUBMITTED, ONLY TF-IE LAST MUST HAVE THE APPROVAL BLOCKS, BUT ALL SHEETS MUST BE THE SAME SIZE. (D} WHEN THE FINAL PLAT HAS BEEN APPROVED BY THE COMMISSION, ONE COPY SHALL BE SENT, ALONG WITH THE DEED TO THE PROPERTY, TO TIC MAGISTRATE OF THE RECORDING DISTRICT IN WHICH THETRAGT LIES FOR OFFICIAL RECORDING. SPECIAL IP.TSTRUCTIONS SHALL BE-.SENT TO THE MAGISTRATE INSTRUCTING HIM TO SEND THE DEED 'FO THE OCCUPANT AFTER RECORDING. ONE COPY OF THE PLAT WILL BE RETI'RNED TO THE OCCUPANT. _. .. THE ORIGINAL TRACING CONTAINING THE CERTIBI~ATION BI';THE COMMISSION WILL BE RETAINED BY THE CITY. PRINTS OR DUPLI~ATBTRANSPAI2ENCIES WILL BE FLRNI5HED AT COST OF REPRODUCTIOALI = _ ~. 1L15.140 FINAL PLAT REQUZREMI/I~T'T5. [{A} T.HE FINAL PLAT SHALL INCLUDE ALL PRELIMINARY PLAT. (B) THE FINAL PLAT MUST REPRE PERSON WHO HAS BEEN QUALIFIED ENGTIvEERS & ARCI STATE OF ALASKA. (C} IN ADDT ON THE FL"vAL (I) Bl WHICH MUST i SEA (2) (ALL EAST (3) BASIS OF {4) A PROP~EI OR ESTABLISHED. REQUIRED ON THE AL 5T7RVEY MADE BY A OF ALASKA. BOARD OF GE LAND SURVEYING INS THE LNFORMATION SHALL BE SHOWN WITFI LENGTFI AND BEARINGS F "S OF ONE TO 5,000. IF THE SEAWARD THE LLNE OF MEAN LOW TIDE, THE VT' LINTES ACTUALLY ESTABLISHED BY REQUIRED BY TFIE. CITY. LRINGS USED. LABELED LEGEIvID SHOWING MONUMENTS AS FOUND (S} THE CIJURSE OF THE SHORELINE FOR AN ADDITIONAL 400' FROM EACH SIDE OF THE SURVEY. (D) MONUMENTS. (I) MLNIMUM REQUIREMEIV'TS: MONUMENTS SHALL CONSIST OF A I 1/Z" GALVANIZED IRON PIPE, 30 OR MORE INCHES LONG. THIS PIPE SHALL HAVE A FOUR-INCH FLANGE ACROSS THE BOTTOM AND SHALL BE FILLED WITH CONCRETE. FIIZMLY EMPLACED LN THE CONCRETE AT THE TOP SHALL BE A BRASS OR BRONZE CAP. THE PIPE SHALL BE THOROUGHLY TAMPED WHEN SET. Chapter 11 Harbor Atxaclirnent "A° 5111/2007 9:37 AM C.:\Documents and Sa~ctingslcF.~eae\Local ScttingslTemporary Snternet FilaslOLIiB4Cuapter l l.floc Page 14 of 46 205 {2) THE BRASS OR BRONZE CAP SHALL HAVE A MIiV~IMUM OF TWO-INCH DIAMETER ACROSS THE TOP AND 314" BY 2 112" SHANK. EACH CAP SHALL BE MARKED II~T ACCORDANCE WITH THE MANUAL OF SURVEYING INSTRUCTIONS AS COMPILED BY THE BUREAU OF LAND MAI~rAGEMENT AND SHALL ALSO SHOW THE REGISTRATION NUMBER OF'TI~IE SURVEYOR. {3) WHERE IMPRACTICABLE TO SET AN II20N PIPE MONUMENT, A TABLET CONTAINING A MII~TiMUM OF 1.,000 CUBIC INCHES OF CONCRETE AND A BRASS OR BRONZE CAP MARKING THE ACTUAL CORNER POINT MAY BE USED. SHOULD THE POIl~'T FOR A CORNER BE IN A PLACE WHICH WO'EII.,D BE IMPRACTICABLE TO MONUMENT, WITNESS CORNERS SIIAT.L BE SET LN A SAFE PLACE Olv' THE SURVEY BOUNDARY LINE OR HAVE T`O REFERENCE MONUMENTS SET. THE MONUMENTS ON THE UPLA~I7S SIDE f3F TIC SURVEY SHALL BE REFERENCED TO BEARING OBJECTS NCH AS TREES, ROCKS, PILING, BUII,DINGS, ETC., OR HAVE TWO REFERENCE 1V~ONUIVIENTS SET MARKING THE :< CORNER, w w.~.. , (E) THESE REFERENCES MAY BE SFIOtVN Obi THE PLY~T OF SURVEY OR MAY BE LISTED SEPARATELY ON A PLAT AS DESCRIBED U1~,TD'IR I~MC 11.15.'130(C). (1 j UNLESS OTHERWISE ~,PPROVED BY TI~CITY COUlVCII., EACH SURVEY SFIALL HAVE AT LEAST FOUR MONUMEIe'TS, EACH FULLY DESCRIBED IN THE PLAT OF SU72VEY. IT IS DESIRABI..E I3UT.NOT MANDATO"IZY TFIAT _. __ __ MONUMENTS BE SET AT ALL EXTERIOR ANGLE POINTS OF THE PARCEL. THE LINE OF SIGHT BETWEEN ADJACENT MONL4vIENTS SS3;~LL BE UNOBSTRUCTED. THE DISTANCE BETWEEN ADJACENT MOi ~ . ENTS SHALL NOT BXCEED 1,320 FT. NO PART OP THE PARCEL SHALL BE FARTHER THAN 1,320 FT. FROM A MONU'1vIENT UNI,S OTHERWISE APPROVED BY THE CITY COUNCIL. .; (2) IF THE POLNT FOR THE 5EAWARI3 CORNER FALLS IN AN UNSAFE PLACE, A WITNESS CORNER `SHALL B'E ESTABLISHED ON THE SIDE BOUNDARY LINE. {F) ..RELATIONSHIP TO KNOWN MONUMENT. ` ^(lj ;; BEARIIvGS O~ ALL LINES SHALL BE REFERRED TO THE TRUE MERIDIAN. ;THE MAGNETIC NEEDLE MAY NOT BE USED FOR THIS PURPOSE. BEARINGS SH~1I,L BE OBTFaINED BY DEFLECTION FROM EXISTING OFFICIAL SURVEYS AT THE-G.L O B.L.M., U.S.C., AN7~ G.S., U.S.G.S., THE ALASKA DIVISION OF LANDS, OR MONUMENTS WITH PROPER IDENTIFICATION WI-IICH ARE DELINEATED ON RECORDED PLATS, UNLESS OTHERWISE PROVIDED FOR IN THESE REGULATI021S. (2) TRUE .BEARINGS AND DISTANCES TO THE NEAREST ESTABLISHED SURVEY LLNES, SUCH AS THOSE LISTED PREVIOUSLY, WHICH SHALL BE ACCURATELY DESCRIBED ON THE PLAT, SHALL BE SH.OWN.] 11.15.150 DEFC3SITS FOR COSTS PREREQUISITE TO FILING. [THE APPLICATION FORM WILL ASSIST THE APPLICANT LN DETERMINING THE PROPER COSTS TO ADVANCE, WHICH WILL DEPEND UPON THE NATLTI2E OF Chapter 11 Harbor Afeachment "A>' 5111!2007 9:37 AM ' C:ADocumen[s an~i Settaigs\ctroas\Local SeetingsATemporary Internet PilesIOLKBVChapter 1 i.doc Page 15 of 4( 206 THE RIGHT CLAIMED. IN ALL CASES A FILING FEE OFTEN DOLLARS ($10.00) WILL BE REQUIRED. SURVEY COSTS DEPEND UPON THE AREA CLAIMED AT THE RATE OF $.01516 PER SQUARE FOOT. IF THE AREA CLAIMED IS DIFFERENT FROM THE LOT AS IT APPEARS ON THE PLAT, THE APPLICANT SHALL SHOW THE MEASUREMENTS OF THE ADDITIONAL OR LESSER AREA CLAIMED AND COMPUTE AND PAY THE DIFFERENT SURVEY COST ACCORDINGLY. TRANSFER COSTS WILL BE THE SAME IN ALL CASES. THEY COVER THE COST OF TIME ESTIMATED TO BE REQUIRED TO EXAMINE, PROCESS, AND APPROVE THE APPLICATION, AS WELL AS TO PREPARE AND EXECUTE THE IIFwED, PUBLISH NOTICE, GIVE NOTICE OF ADDITIONAL COSTS, IF ANY, AID GIVE NOTICE TO APPLICANT. LN ALL CASES, TRANSFER COSTS WILL BE INr THE AMOUNT OF 535.00. DEPOSIT FOR APPRAISAL COSTS WILLBE REQUII2ED fig' ALL CASES OF CLASS III PREFERENCE RIGHTS, OR WHERE ANOTHER THE COUNCII. TO BE A CLASS III RIGHT, APF THE AREA INWOLVED AND THE COMPLEXIT WHERE REQUIRED AS A DEPOSIT, THE Mitk~il ($50), BUT ADDITIONAL AMOUNTS NOT EXC PRIOR TO DELIVERI' OF DEED.] 11.15.160 ADDITIONAL COSTS IN [ASIDE FROM DEPOSITS RE ADDITIONAL COSTS WILL BE RE( DISPUTES REQUIREHEARIN RIGHT AS WELL AS APT'TZA1< TO BE EXERCISED~S'DETER (Al WHEN THE AREA GLf THE LOT SHOWN ON THE PI ESTABLISF~='EA'IALIDITY RY FOR THE PLAT NECESSI~~.-~ APPLICATION. THIS MAY.. RI AND L.4NI7;AS SHOWN HEARD AT THE, HEARII AND TO BE DOES ?~ APPRAISAL Sr UN"I IS FIF'T'Y L00 -MAY BE R Q~TED BY UPON ?TIME OF FILING APPLICATIONS, AID PRIOR TO HEARINGS WHERE F LAND UNDER A CLASS ITT A PREFERENCE RIGEiT SOUGHT CLASS IIZ RIGHT, AS FOLLOWS: Y WITH THE BOUNDARIES OF Y TO HAVE A HEARING TO r1ED AND ~~IIETHER IT IS CHANGED TO COMPLY WITH THE TO BE GIVEN TO ADJACENT ICE BETWEEN THE LANDS CLAIMED T SO THAT ALL PARTIES LN INTEREST MAY BE (B) WHEN APPLICATIONS CONFLICT WITH THE SAME AREA OR PORTIONS THEREOF, TT SHALL BENECESSARY TO CONDUCT A HEARING TO DETERMINE THE FACT AND TFIE~ISSLTE IN QUESTION. CONFLICTING CLAIMS WILL BE CAREFULLY SCRUTINIZED AND EACH DISPUTING PARTY WILL BEAR THE BURDEN OF PROVING FACTS SUFFICIENT TO ESTABLISH THE VALIDIT7' OF HIS CLAIM. (C} THE PARTY FILING AN APPLICATION CONFLICTING WITH A CLAIM PREVIOUSLY FILED SHALL BE REQUIRED TO DEPOSIT I~ARINGS COSTS IN THE AMOUNT OF 5100. IF THE CONFLICT IS NOT KNOWN AT THE TIME OF FILING, THE APPLICANT SHALL BE ADVISED OF THE CONFLICT AS SOON AS IT IS KNOWN AND OF THE NEED TO DEPOSIT THE HEARING COST DEPOSIT. Chapter 7'1 Harbor Attactvnent "A" Sft Il2007 9:37 AM C:ADoeuments and Setflngsie~GeaaALocat Settings\Tempornry Ineunet PileslOL1;BVChapter P..doc Page 16 0£ 46 207 (D) THE APPLICANT WHO AFTER HEARING AND DETERMIIvATION BY THE COUNCII. IS DETERMINED TO HAVE CLAIMED THE LAND OF ANOTHER SHALL BE THE PARTY TO BEAR THE COST OF THE HEARING. IF SUCH PARTY DID NOT DEPOSIT SUCH COSTS. NO DEED SHALL BE DELIVERED TO HIM UNTIL THE COST IS PAID. WHERE THE DEPOSITOR IS THE PREVAII;LNG PARTY, THE HEARLNG COST DEPOSITED SHALL BE REFUNDED TO HL\%I BY THE CITI'. (E) WHEN TITLE BY CLASS III PREFERENCE RIGHT 1S CLAIlvIED, THE APPLICANT SHALL BE REQUIRED TO DEPOSIT THE APPRAISED PURCHASE PRICE AFTER APPRAISAL HAS BEEN MADE AND THE PURCHASE PItICE;HAS BEEN SO DETERMINED. THE SAME PROCEDURE WILL BE APPLIED WHEN NO APPLICATION UNDER ANOTHER CLASS OF RIGHT IS SOUGHT BUT IST3ETERML\'ED THAT THE ONLY AVAILABLE RIGHT TO THE APPLICANT IS A CLASS IIIRTGHT. lF) WHEN A PREFERENCE RIGHT IS SOUGHT Tt1 fi~ E~RCI5ED,QTHER THAN A CLASS ffI RIGHT AND SUCH RIGHT IS DETERIxIINED TO BE A CLASS RIGHT, THEN THE APPLICANT SHALL BE REQUIRED TO DIIPOSIi THE ESTIMATED COST-OF APPRAISING TIC PROPERTY CLAIMED. (G) THE APPLICANT WHO RECEIVES THE DEED FROM THE CITY SHALL AT HIS OWN COST BEAR THE COST OF RECORDING THE DE>~U1 11.15.170 PROCEllURES FOR PROCESSING TITLED APPLICATIOIv~S. [THE CLERK SHALL CAUSE THE FOLLOWING PROCEDURES TO BE CARRIED OUT: {A) ALL COPIES OF APPLICATIONS ACCEPTED FOR FILING SHALL BE STAMPED WITH TIME AND DATE OF FILING AND AN APPLICATION NU?vIBER Ev CHRONOLOGICAL ORDER OF RILING. (B) ALL ORIGINAL APPLICATIOL~~~HAL~, BE FILED IN A PERMANENT REGISTER A'ND THE,IvAMES OF THE APPLICAiVTS ENTERED IIvr AN ALPHABETICAL __ _ ._ INDEX 4~HIGH SHALL BE A PERMANENT PART OF SUCH REGISTER. (C) .~ =Tf~ APPLICATION~~,REGISTERSHALL BE AVAILABLE POR PUBLIC INSPECTII7N DLRING OFFICE HOURS OF THE CLERK EXCEPT WHEN IN ACTUAL USE FOR FILI~'G AND INDEXLNG. (D) CERTIFIED COPIES OF ALL APPLICATIONS SHALL BE PREPARED FOR ALL PERSONS UPON REQUEST UPON THEIR PAYLNG TVdO DOLLARS ($2.00} PER PAGE FOR COPIES OF SAID APPLICATIONS AND ANY ATTACHMENTS FORMING A PART THEREOF. (E) PROCESSING OF DUPLICATE APPLICATIONS, THE THIRD COPY OF THE APPLICATION WII.L BE RETURNED TO THE APPLICANT AS HIS RECORD AND AS RECEII'T FOR DEPOSIT MADE, OR MAILED TO APPLICANT IF HE HAS PROVIDED A RETURN ENVELOPE. THE SECOND COPY SHALL BE THE WORKING FILE COPY TO BE HANDLED AND PROCESSED AS FOLLOWS: {i j APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS HAVING WAIVERS ATTACHED AND WHICH APPLY FOR LANDS WHICH COMPLY WITH THE Chapter 11 H2rbor Attachment "A'= 511 112 0 07 X37 AM C:\Documents and Settings\cfreas\Local Settings\Temporary InterneC Files\OLKB\Chapter 11.doc Paee 17 of 4G 208 PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR HANDLLNG AS PROVIDED IN KMC 11.15..190. APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS WHICH DO NOT HAVE WAIVERS ATTACHED, IRRESPECTIVE OF WHETHER THE LANDS APPLIED FOR COMPLY WITH THE PLAT SHALL BE SEGREGATED FOR HANDLING IN THE SA1ME MANNER AS CLASS II PREFERENCE RIGHT APPLICATIONS. (~) APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS HAVING WAVERS ATTACHED, AND WHICH CLAIM LANDS WHICH DQ;NOT COMPLY WPI'H THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS, SHALL BE TRANSMIT'T'ED TO THE CITY ENGINEER FOR HANDLINGS PROVIDED IN KMC 11.15.190 AND FURTHER PROCESSING AS PROVIDED In=iC:vFC 1.1.1.220. (3) APPLICATIONS TO EXERCISE CLASS II PREFERENC£ RIGHTS SHALL BE SEGREGATED ;SND KEPT WITH CLASS I PREFERENCE RIGHT APPLICATIONS NOT HAVING WAIVERS ATTACHED. ALL SUCH APPLICATIONS SHALL BE HELD IN ABEYANCE BY THE CITY UNTIL SUCH TIMMI AS TILE PIERHEAD LLNE IS , ESTABLISHED BY THE CORPS OF ENGINEERS, VJHEREUP()N SUCH APPLICATIONS SHALL BE PROMPTLY HONORED AND PROCESSED II+t `i'HE MANNER HERELN .DESCRIBED FOR CLASS I PREFERENCE RIGI-IT APPLICATIONS, WHERE WAIVERS ARE ATTACHED. (4) APPLICATIONS TO EXERCISE CLASS IIL PREFER~I~NCE RIGHTS, AND ALL APPLICATIONS DETERMINED IN kVHOLE t~R IN FART'1'0 BE CLASS III, SHALL BE TRANSMITTED TO THE ASSESSOR FOR AI~RAISAL AS PROVIDED IN KMC 11.15.180. (5) NO AI'PI,ICATIONS WHICH CC3MBINE CLASS I, CLASS II, AND CLASS III, OR ANY COMBT~TAtTTON OF SUCH PREFERENCE RIGHTS, WILL BE ACCEPTED FOR FILLNG. ANY SUCH APPLICATION PRESENTED FOR FILING SHALL BE RETURNED TO=THE APPLICANT F01~2EVIS~ON UNTO TWO OR MORE -~ APPLICATII~I~TS, EACH OF WFII~H WILL APPLY FOR LAND UNDER ONLY ONE TYPE OF PREFERENCE RICzHT. '(6) ;, ~A,N APPLICATION TO 1XERCiSE ONE CLASS OF PREFERENCE RIGHT WHICH IN PART COMPLIES WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS, BUT DOES NOT WHOLLY COMPLY WITH THE PLAT IN SUCH RESPBCTS,;:SHALL BE TREATED AS IF NO PART OF THE APPLICATION SO COMPLIES WITH THE PL'`AT AND SHALL BE PROCESSED FOR CONTEST'HEARING.] 11.15.180 APPRAISAL. [ALL APPLICATIONS FOR CLASS II PREFERENCE RIGHTS SHALL BE TRANSMITTED TO A PROFESSIONAL APPRAISER FOR APPRAISAL. HIS APPRAISAL SHALL BE MADE ON A FORM PREPARED IN DUPLICATE, THE ORIGINAL OF WHICH .SHALL BE ATTACHED TO THE APPLICATION AND THE DUPLICATE OF WHICH SHALL BE RETAINED POR HIS RECORDS. APPLICATIONS WHEN APPRAISED SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR FURTHER PROCESSING.] Chapter li Harbor Attachment "A„ 5!11/2007 9:37 AM C:1Documents at>d Settings\c&eas\Local SettingslTemporary Internet NileslOLKE\Chapter I i.doc Page '18 of 46 209 11.15.190 REVIEW BY CITY ENGINEER. [.ALL APPLICATIONS BEING READY FOR PROCESSLNG SHALL BE REVIEWED BY THE CITY ENGINEER. UPON REVIEW AND COMPARISON WITH TILE PLAT, HE SHALL MAKE HIS REQUEST TO THE HARBOR COMMISSION GIVING A COPY THEREOF TO THE APPLICANT AS TO WHETHER OR NOT THE APPLICATION SEEKS TO Eh~RCISE A PREFERENCE RIGHT TO LAND WHICH IS DESCRIBED ON THE PLAT, AND COMPLIES WITH IT IN RESPECT TO AREA AND BOUNDARY LOCATIONS.] 11.15.200 RECOMMENDED APPROVAL BY COMI [THE KENAI ADVISORY HARBOR COMMIS; APPLICATIONS FOR TIDELANDS UPON THE SUBb ENGINEER'S REPORT. THE COMMISSION MAY CG VERIFY THE VALIDITY OF THE APPLICANT'S CI:. EVIDENCE BY WAY OF AFFIDAVITS AND THE LP. RECOMMEND SAID CLAIM FOR APPROVAL BY T APPLICANT THEREOF BY MAIL SENT TO THE AD APPLICATION. THE COMMISSIONT MAY PROVIDE TED ON H15 )FF LIST TO AID IT LN CONSIDERING APPLICATIONS. THE CITY COUNCIL SHALL CONSIDER FOR APPROVAL THE CLAIM OF THE APPLICANT WITHIN THE TIME LIMITATIONS AND WITH THE RIGHT OF APPEAL GIVEN PURSUANT, TO KMC 11.15.340.] 1115.210 PROCESSTNU„O~ APPROVED APPLICATIONS SY CLERK AND NOTICE TO PUBLIC. ~; [ALL APPLIU~TTONS RETURNED TO THE CLERK APPROVED BY THE CITY ENGINEER, AIV'D APPRAISED BY THE ASSESSOR 1F REQUIRED, SHALL BE PROCESSED BY THE CLERK ANT THE EOLLO_~NING MANNER: (A) TH1~I-ERK SHALL ASGERTAAV IF THE DEPOSIT MADE BY TIC APPLICANT IS SUFFICIENT TO PAY ALL IiNt3WNAND ESTIMATED COSTS OF SURVEY, APP~.~TISAI., TRANSFER, ~N'D PURC°HASE, IF OF CLASS III AND IF NOT,1'O ADVISE THE APPLICANT THAT THE REIvIIl~TDER DUE SHALL BE DEPOSITED WITH THE CLERK BEFORE FURTHER I'ROCESSLNG. (B) IF OR WHEN' THE DEPOSIT IS SUFFICIENT TO PAY ALL SUCH COSTS, THE CLERK SHALL CAL?SE'P~ BE PUBLISHED ONCE A VdEEK FOR FOUR WEEKS, IIvT A ................. _._ _ NEWSPAPER OF GENERAL CIl2CULATION IN THE CITY, THE FOLLOWING: (1) NOTICE OF THE NAMES OF THE APPLICANT(S), TI-IE BLOCK AND LOT NUMBERS OF TIC PROPERTY CLAIMED ACCORDING TO PLAT DESIGNATIONS; (3} THE PREFERENCE RIGHT CLAIIVtEED; (3) THE IMPROVEMENTS MADE; (4) THE LENGTH OF TLViE (INCLUDLtVG THE DATES) THE APPLICANT OCCUPIED THE LAND; AND Chapter 71 Harbor Attachment `Ya° 5/11/2007 9:37 AM ~-- C'~Docutnents and Settings\efreaslZocal SettingslTemparary Tntcwet Fi7ns10LKB\Chapter ll.doc Page 14 of 46 210 'IEW ALL CITY TO )NAL IN=pRDER TO (C) IF CLASS III ITS APPRAISED VALUE, AND THAT TI-IE CITY WILL ISSUE TO THE APPLICANTS} ITS DEED THEREFOR WI'I'I~T THIRTY (30) DAYS AFTER THE LAST DATE OF PUBLICATION, PROVII7ED THAT BEFORE DATE OF LAST PUBLICATION NO ADVERSE APPLICATION OR CLAIM HAS BEEN FILED WITH THE CITY. (D) DURING SAID PERIOD OF PUBLICATION, THE APPLICATIONS THEREOF SHALL BE RETURNED TO THE CITY ENGINEER WHO, AT THE END OF SAID PERIOD OF PUBLICATION, SHALL NOTE ON THE APPLICATION WHETHER OR NOT ANY ADVERSE CLAIMS HAVE BEEN FILED FOR THE LAND II~T QUESTIQN. (E) IF ADVERSE CLAIMS HAVE BEEN FILED, THE FURTHER PROCESSED FOR HEARING, IF NO ADVER THE RESPECTIVE APPLICATIONS SHALL BE RETUR7 11.15 ?20 DEEDS-PERMANENT (THE CLERK SHALL THEN CAUSE VIBE E CONVEYING SUCH LAND TO THE APPLICANT(S'. TRANSMIT THE QUIT-CLAIM DEED TO THE MAP SHALL THEN BE SENT TO THE API~L.ICANT TO T THE OFFICE OF THE CLERK, WHO SETt1 IF ALL REQUIREMENTS HAVE BEEN PRICE, IE REQUIRED, HAVE BEEN PAII EXECUTED DEEDS SHALL BE KEPT IN PERMANENT PERMAIvBNT OF 11.15.230 DISP.I3TES FOR H _.. PARTIES 'TO THE BUT TESTIivIONY SHALL BE GIV] DETERMINE W CLAIMS. UPON PREPARE A SH EVIDENCE SUE TO ONS SHALL BE HAVE BEEN RILED, :ED A QUIT-CLAIIyF DEED TfTE CITY HAS-.AND FOR EXECUTION. NOTICE Y OF SAID DEED AT TO THE APPLICANT WLUDING PURCHASE [CnINALS OF ALL 'TIE CLERK LR A DEEDS" WLTH S FOR`DISPUTED CLAIMS. SIT AS A QUASI AD7UDICATORY BODY TO SET AR"Tim EVIDENCE UNDER OATH OF THE DISPUTES. PROCEEDINGS SHALL BE INFORMALLY CONDUCTED TAKEN I7NDER OATH, AND NOTICE OF THE PRUCEEDINGS TO THETSISPUTING PARTIES. THEIR OB3ECT SHALL BE TO TOUT DELAY THE RESPECTIVE BASIS OF THE CONFLICTING iESLI$MISSION OF EACH DISPUTE, THE COMMISSION SHALL T SUMMARY ON THE CONFLICTING CLAIMS AND THE CITED IN SUPPORT THEREOF, TOGETHER WITH THEIR ~t~RITTEN FINDINGS OF FACT, AND CONCLUSIONS OF LAVJ.] 11.15 X46 PROCEEDINGS FOR DETERMINATION SY COUNCIL OF ALL DISPUTES. [UPON RECEIPT OF THE WORKIl~TG FILES IN ALL CASES OF DISPUTES, AND THE SUWIMARY OF THE HEARIItiGS OFFICER, TOGETHER WITH COPIES OF NOTICES OF HEARINGS SERVED UPON OR MAILED TO ALL PARTIES TO THE DISPUTE, TI-IE COUNCIL SHALL SET THE DISPUTE OF HEARLNG AND Chapter kl Harbor Attacnmwic "A" 5!11/2007 8:37 AM C:\Doeun:ents and Settings\cireaslLocal Settings\Tempotary fnternet FileslOLKB\Chapter 11.doc Page 20 of 46 211 DETERMLNATION, AND CAUSE NOTICE TO BE SERVED ON ALL PARTIES. UPON TI-IE COUNCIL HAVING HEARD THE DISPUTE TI' SHALL ENTER ITS RULING THEREON AS QUICKLY AS POSSIBLE, BUT NOT LATER THAN TEN (IU) DAYS AFTER THE MATTER IS SUBMITTED. AGGRIEVED PERSONS SHALL HAVE THE RIGHT OF APPEAL TO THE SUPERIOR COURT, WI'T'HIN THIRTY (30) DAYS AFTER THE RULING OF THE COUNCII. IS RENDERED.] 11.15.250 DETERMINATION' UPON STYPIILATION OF FA [WHEREVER POSSIBLE, TO REACH AGREEMENT C HEARINGS BEFORE THE COMMISSION, A STB'ULATION..I PREPARED AND AGREED UPON BY THE PARTIES. WL~ER COMMISSION SHP.LL PREPARE AND ATTACH ITS COI'TCi 5LBMIT THE FILE TO THE CITY ENGINEER TO DETI13 INTERESTS ARE AFFECTED BY THE STIPULATIr7N, 0 REQUIRED AND NO THIRD PARTY OR CI'TY_INTERES ADVERSELY BY THE PROPOSED CHANGE IN H01JND THE PLAT, UPON APPROVAL OF THE COUNCIL THE:7 BE CHANGED. SHOULD IT BE DETERMINED BY THE'; STII?L7LATION ADVERSELY AFFEC'FS;TIIE LNTERE5T THIRD PARTIES, THE DISPUTE SHALLBE RET"CJRNEI FURTHER PROCEEDLNGS UPON NOTICE GIVEI~i.],,_ P=ARTIES AT TS SHALL BE IS DONE, THE S:OF LAW AND IF A IF CHANGE TS OF LOTS SHOWN ON 3ALL BE DIRECTED TO ENGINEER THAT Tim CITY OR THOSE OF 'HF_ EOMMISSION FOR 1115.260 REJECTION QF 1'R(}TESTS OTHER THAN.BY APPLICANT. [NO OBJECTIONS WIL£ BE RECEIVED TO PROPOSED ISSUANCE B1' DEED BY THE CITY ON PUB'I:iCATION OF NOTICE TFIEREOF, NOR WILL ANY PERSON BE PERMITTED TO APPEAR AND BE HEARD AT ANY HEARING OF A DISPUTE BEFORE THE COMMISSION OR THE COUNCIL; UNLESS SUCH OBJECTOR OR PERSON IS AN APPLICAi~~'T'OR PREFERENCE RIGHTS OF CLASS I OR II AND HAS FILED AN APPLICAfiION WTI'Ii THE CLERK. THE FOREGOING SHALL NOT PREVENT THE __ APP.FR~NCES BEFORE.`I?HE COMI~PISSION OR COUNCIL, OF WITNESSES APPEARINEi ON BEHALF OF THE:PARTIES IN DISPUTE OR PERSOI\TS CALLED BY THE COMMISSION OR COUNCIL WHO MAY HAVE PERSONAL KNOWLEDGE CONCERNLNG'THE VERIFICATION OF CLAIMS.] 11.15.270 HANDLING tYF DEPOSIT AND PURCHASE FUNDS. [(A) ALL FUNDS RECEIVED AS DEPOSITS WITH APPLICATIONS FOR COSTS OR PURCHASE PRICE FOR TIDELANDS SHALL BE DEPOSITED BY THE FINANCE DIRECTOR IN THE GENERAL FUND. SUCH DEPOSITS WILL BE CREDTfED 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 ADML'SiSTRATIVECOSIS AS DEEDS ARE ISSUED. Chapter 1.1 Harbor ACfachment °A" 5111;2009 93" AM C:\Documen¢s and Settings\c&eas\Local SeftingsiTemporary Internee FileslOLKB\Chapter l l.doc Page 21 of 46 212 (3) APPRAISAL COSTS - TO ADMINISTRATIVE COSTS AS EARNED, OR AS CRHDIT TO APPRAISAL COSTS INCURRED. (B) PURCHASE COSTS OF CLASS I'I LANIDS-SI-IALL BE CREDITED TO A SEPARATE ACCOUNT IN THE GENERAL FUND TO PAY FOR IMPROVEMENTS IN TIDELANDS .AREAS CONSISTING OF FILL, STREET, SIDEW 4LK, AND SEWER IMPROVEMENTS.] IL15.286 FORFEITIIIi1; OF PRiFERENCE RIGI3TS. [ANY OCCUPANT, OWNER, OR HOLDER OF PREFERENCE RIGHTS AS HERELN DEFINED, WHO HAS NOT APPLIED TO THE CITY FOR TITLE THE2tET0 AS HEREIN PROVIDED, ON OR BEFORE TWO (2) I'EAR5 AFTER THE.DAT'E APPLICATIONS TO EXERCISE PREFERENCE RIGIITS WILL BE ACCEPTED=FOR FILING BY THE CITY UNDER THIS ORDINANCE, BY A PROPERLY COMPLETED APPLICATION DULY FILED WITH THE CLERK AND ACCOMPANIED BY~`i'HE REQUIRED DEPOSIT, SHALL HAVE FORFEITED HIS RIGHT TO ASSERT THIS:F'REFERENCERIGNTS AND ACQUIRE TITLE TO TIDELANDS SUBJECT T~IERETO FROM THE CITY; AND=SUCH TIDELANDS AND COIv'TIGUOUS SUBMERGED LANDS SITBJECT TO SUCH IJNL'SED PREFERENCE RIGHTS SHALL THEREAFTER BE FREE AND CLEAR OF EC~LL CLAIMS TO PREFERENCE RIGHTS AND THE CITY SHALL HAVE NO OBLIGATION TO CONVEY THE SAME TO ANY PERSON OR PERSONS WHOSOEVER, AND SAID LAND SHALL THEN BE AND RENLAIN TIC PROPERTY OP THE CITY AND BE SUBJECT TO SUCH DISPOSITION AS PROVIDED FOR BY LAW.OR ORDLANCE.) 11.15.290 FORMS. [THE CLERK~HALL CAUSE TO BE P$TNTED APPLICATION FORMS AND OTHER FORMS FOR TJSE IN PROCESSING TFTE SAME IN SUBSTANTIALLY THE FOLLOWING FORM: (A) _ __ FOR TIDELAND RIGHTS NAME " APPLICATION NO. HOME ADDRESS POST OFFICE ALiDRESS MARK X TO DESIGItitATE NATURE OF PREFERENCE RIGHT CLAIMED: cLASSI_ CLASS II, CLASS III DOES THE TIDELAND PLAT 272 CORRECTLY SHOW THE LAND APPLIED FOR: YES NO Chapter 7 1 Aar6ar Attachment "A" 5/I 112007 9:37 AM C:1Do,^.uments and Setrings\efreas\Local Settings\Temporary Internet Piles\OLKB\Chapter'11.doc Yage 22 o~13 IF TIDELAND PLAT DOS NOT CORRECTLY SHOW LAND APPLIED FOR, DESCRIBE IT BY METES AND BOUNDS AND ATTACHED PLAT OF LAND APPLIED FOR BUSE ATTACHMENT IF MORE SPACE IS REQUIRED). ALL CLAIMED IMPROVEMENTS WERE FIRST CONSTRUCTED AND USED (7} BEFORE SEPTEMBER 7, 1957? (3) BEFORE SEPTEMBER 7, 1957 AND JANUARY 3, 1969 ? f3) AFTER JANUARY 3, 1959? ZS ANY PART OF YOUR CLAIM BASED ON LVIPROVEMENTS CONSTRUCTED OR PLACED AFTER JANUARY 3, 1.959? YES NO IF ANSWER IS "YES," DESCRIBE ARE~~MP~ JANUARY 3, 1959 (USE ATTACHMENT IF MORE SPACE=[S NI NATURE OF IMPROVEMENTS. =_ FILL AFTER ANDSTATB HAVE ANY OF THESE IMPROVEMENTS B);I~I' EXTENDEI? OR SEPTEMBER 7, 7.957 (2} JANUARY 3, 19599 ]SES~RiBE. _; _ WAS THIS BENEPICIALUSE THE PLAT IS BASED ON APPARENT US] JANUARY 3, 1959, RECOGNIZED BY TI- KNO~TJN TO YOU WHY YOUR CLAIM D (USE ATTACHMENT IF_IyIQRE SPACE IS {1) 3. 1959? DESCRIBE. GS EIISTING ON STATE ARTY REASON D WITH THE PLAT. ]OFFER CASH , Mt3NEY ORDER '' ,CASHIER'S CHECK LN TI-TE AMOUNT CJF $ P.~'DEPOSIT FOR THE FOLLOWING COSTS: ' USE BY CLERK FiLI_NG~'EE = $ $ SURVEY COSTS (AT RATE OF _SQ.FT.) $ $ APPRAISAL COSTS(CLASS,lIAP~LICATIONS)S $ TRANSFERGOSTS ($ } $ $ HEARING COSTS ;(IF CLAIIvI ADVERSE TO :_ PRIOR Af'PICATIfSN A DEPOSIT OF __ _ __ _ ^. $ F3'~~~ARING AND SERVICE NOTICE IS REQUIRED). $ $ TOTAL DEPOSIT (DOES NOT INCLUDE PURCHASE PRICE OF LAND LN CLASS II APPLICATIONS) $ $ DEPOSITION RECEIVED BY CITY BY: DATE OF APPLICATION: DATE APPLICATION RECEIVED BY CITY: TIME FILED: Chapter Il harbor Aefachment °A" 5/1't12007 9:37 AM C:\Docmnents and Settings\cfreas\Loca4 Settings\Temporary Internet Files\OLKB\Chapter 1,Ldoc Page 23 of 46 214 CERTIFICATION I, ,THE ABOVE-NAMED APPLICATION, OR ITS AGENT, HEREBY CERTIFIES THAT ALL OF THE STATEMENTS MADE I'V THE APPLICATION AND INCORPORATED ATTACHMENTS, IF ANY, ARE TRUE AND CORRECT PRINT NA_NIE(S) TLJRE(S) (B) THE UNDERSIGNED APPRAISER(S) DO HERBY C APPRAISED THE TIED AND/OR SUBMERGED T.AI? APPLICATION NO. OF ,WIT HEREINAF'T'ER STATED VALUE ANyY V ALUE FOR CONSTRUCTED OR PLACED HEREC~T'~'PRIOR TO J MARKET VALUE. ASSESSOR'S THAT HE HAS IatfiLl' GIBED IN THE ATTACHED LE IMPRC`1EMENTS 3, 1959, AT THE FAIR TIDELAND SQ.rT. AT DATED, AT KENAI, DAY 19 _. Chapfe~ 11 F3azbor "" A¢achment "A'^ 5/11/2007 93^, AM C:\Docum^,nts and Settings\ctixas\Locat Settings\Temporary Incemet Piles\OLKB\Chapce: 1 i.doc Page 24 o~46~ (C> WAIVER OF CLA55 II PREFERENCE RIGHTS (ATTACH TO EACH CLASS I APPLICATION) I, ,THE APPLICANT, OR HI5 AUTHORIZED AGENT, I THE APPLICATION FOR TIDELAND PREFERENCE RIGHTS, APPLICATION NO. , TO WHICH THIS WANER IS ATTACHED, DO HEREBY WANE ANY AND ALL PREFERENCE RIGHTS, TO ACQUIRE TIDE OR SUBMERGED AND LYING SEAWARD OF'PHE CITY OF KENA1, TO WHICH I AM NOW OR MAY HEREAFTER SECOME_ENTITLED BY REASON OF THE PROVISIONS OF PUBLIC LAW 85-303. DATED, AT KENAI, ALASKA THIS DAY OF' - , 19 _, BY AND BETWEEN THE CITY OF KENAI, ALASKA, GRANTOR, A'ND , GRANTEES}. WTTNRCSFTT-i-.'. THAT TI-IE SAII? GRANTOR, FOR AND IlV'CONSIDERATION OF THE SUM OF ONE AND NO 1001THI5 ($1.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, TO IT IN HAND 1?AID BY THE SAID GRANTEE(S), PURSUANT TO THE PROVISIONS OF THE ALASKA7.AlW'I~ ACT (CHAPTER 169, SLA 1959) At'vrD ORDINANCE N0.455-78, ENACTED ON IANUARY 3, 1979, PURSUANT THERETO, DOES HEREBY CONVEYS, QUIT CLAIMS, AND(rONFIRMS UNTO SAID GRANTEE(S) AS TENANTS BY THE ENTIRETY, WITH THE FIGHT OF SURVNORSHIP (STRIKE IF GRAiv'TEES ARE NOT HUSBAND AND WIFE);'A1VD TO THIS (THEII2 HEIRS AND ASSIGNEES (STRIKE III GRANTEE A CORPORATION} AND TO ITS SUCCESSORS ANI: ASSIGNS (STRIKE IF;GRANTEE NOT A CORPORATION), ALL SUCH IIVTEREST AS THE GRANTOR IiAS TF ANY, IN TIIE FOLLOWI,t~G DESCRIBED LOT, PIECE, PARCEL AND TRACT OF TIDELAND;ltI?iD COI~?'S`IGUOITS SUBMERGED LAND SITUATION WITHIN THE CORPORATE LIMITS OF'1'HE CITY OF KENAI, ALASKA, AND MORE PARTICtT,1ARLYDESCRIBED AS FOLLOWS, TO-WIT: __ _ __ -''ALL OF LOT ,BLOCK , ACCORDING TO OFFSCIAL TIDELANDS SUBI3IVISION PLAT OF THE CITY OF KENAI, ALASKA. TOGETHER WITH AI.L AND SINGULAR THE TENEMEl\"I'S, HEREDITAMENTS AND APPURTENANCES ~'~3EREUNTO BELONGING OR IN ANYWISE APPERTAINING. TO HAVE AN- TO HOLD THE SAME UNTO THE SAID GRANTEE (S}, HIS OR TIIDIR HEIIZS AND ASSIGNS, (OR) TO ITS SUCCESSORS AND ASSIGNS, FOREVER. IN WITNESS WHEREOF, THE' GRAN"I'OR HAS CAUSED THIS DEED TO BE EXECUTED THE DAY AND YEAR HERBINABOVE FIRST WRITTEN. CORPORATE SEAL CITY OF KENAI, ALASKA BY: (ITS MANAGER) Chapter 11 Aarbnr Attachment "A" 5/11/2007 9;37 AM C:\Doctnnents acid Settings\efreaslLocal Settings\Temporary IntemeY Fi1¢s1pLKB\Chapter l i..doc page 25 216 CLERK chapter 11.20 LEASIi~T~ f» TII)FiIANI)S 1L20.010 Policy. ~ i ~n mn r n,,,a~ n..~;lnr.l~ r...• to„~.,,.. 11..20.340 Sanitation. 11.20.350 I3uiiding and zoning codes. 11.20.360 Rules. 11.20.370 Aircraft operations protected.. 11 x.350 Right to enjoyment and peaceable possession. 11 ?0.340 Lessee to pay taxes. 1L20.400 No partnership or joint venture created. Chapter 21 Aacbor Attachment °A" S/l 1/2007 9:37 AM C:~Docmnen.[s and Settings\cf: eas~l.ocal SeaiogsiTeniporary Snu.rnet FilesVOLKBAChapter l l.doe Page 26 of 46 z17 11.20.330 Surrender on termination. 11.20.410 Default bankruptcy. 11.20.420 Nondiscrimittmtian. 11..20.430 Partial invalidity. 11.20.440 Parole modifications. 11.20.450 Amendment of lease. 11.20.460 Compliance with laws. 11 ?0.480 Lessee's obligation to remove Bens. 1 L20.790 Tideland leases Por shore f"~sheries. 1L20.OlU Yolicy. The City, in order to make sites available for beneficial industries, may tease City-oNmed tidelands to persons who agree to operate a benafrciai industry upon the terms and conditions the Council considers advantageous to the City. Chapter 11 Narbnr Attachment "A° 5!i'f/2007 9:37 AM - C:\Documents and 5et9ngs\cfreas\Local SetdngslTemperary Internet Fiies\OLKBiChnptar Il.doc Page 27 of 46 21s 11.20.470 Care of premises. ]1.20.020 Lands available far leasing. All classified tide and contiguous submerged land within the limits of the City to which the City holds title may be leased as hereinafter provided, for surface use only[, AND UNDER THE CONDITION THAT SAID LEASE IS SUBJECT AND INFERIOR TO PREFERENCE RIGHT CLAIMS THAT MAYBE MADE PJITHIN A TWO (2} YEAR FILl''i TG PERIOD FOR PREFERENCE RIGHTS] and subject w the rights of existing set net site holders within the City limits. ]1.20.(130 QnaliFications oP applicants. An applicant for a lease is qualified if the appIi~cant: (a) Ts an individual at least nineteen ('19) years of age 4 (h) Is a group, association, or corporation which is auth laws of Alasl a. 11.26.040 Classification prior to lease required. Before accepting applications totl~,:ase tidelands, the`2 classified for leasing by the City Council with the approval of Commission [HARBOR COMMISSIONS]; and their availabi: general circulation in fre area once each weele for twa (2)suec {30) days prior to the time set for the closing df the aceeptanal applications are available for put~lzc inspection at eke City Hal I].Z0.U50 Appiicak'oni !a} All applications forms provided by her ; part of the lease docum (b) stating: (]? (?) (3} (4) or, to conduct i]isnesa under the shall have first been and Zoning ed in a newspaper of cs not less than Thirty ions, and that aiI filed with the [CLERK] Citv Manazer an h shall upon execution of the lease become completed in full and accompanied by a [ONE] five waJ] be accepted for Filing. Piling fees are not apPplicant shall submit a development plan showing and the proposed lease; and nature of improvements to be constructed; of construction; The The Dates construction is estimated to commence and be completed; (5} Whether intended use complies with the zoning ordinance and comprehensive plan of the City; (6) Describe by reference to the plat the axea to be leased; (7) A detailed financial plan showing ability to carry through with the development plan; Chapter 19. Har"oor Attachment "A° 5T11/2007 9:39 AM C:1Documents and sottings\cfreaciLocai Settings\Tempora;7~ Internet T*rles\OLtCB\Chaotcr 7 Ldoc Page 2S of 4b 219 (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. 11 ?0.060 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 tl7e use of the land applied for. Any use not authorized by a lease shall constitute a trespass against the City. 11.20.070 Procedure. (a) Planning and Zoning Commission: All lease apphcationss~iall be reviewed first by the City of Kenai Planning and Zoning Commission to determme~vheAier the;contemplated use fails within that permitted under the zoning ordinance. [(B} HARBOR COMMISSION: ALL LEASE APPLICATIONS SHALL BE REVIEWED BY THE HARBOR COMMISSION. IF THE COMMISSION AFTER CONSIDERl1'VG THE LEASE APPLICATIONS DETERNIIN'ES AT A-PUBI,IC HEARII~G AS SET FORTH IN THE SECTION BELOW THAT ANY ONE LEASE WII,L BE IN THE BEST IIv'TERESTS OF THE CITY OF KENAI, THE COMMISSION MAY MAID A RECOMMENDATION TO THE CPTY COUNCIL OF APPLICANT ALC-~TG WITH ANY MOI7~ICATIONS OR CONDTI'IONS RECOMMENDED BY THE COMMISSION.] ' [(C)]~} City Council: The City Council shall make ttte final determination of the selection of the applicant based upon the Commission's reeammerdatSon and.3pprove or reject the choice of application made. IY.20.080 Public no#ice-Public hearing. - Notice of the lease gppiication shall be published in a newspaper of general circulation within the Ci~~atlass than ten i,~70) or m~2hai~~hirty (30} days prior to the date of public heanng Tl~o<~tice must contain the name of `t75e applicant, a brief description of Che ]and, proposed use. term, and a declaration that the Planning and Zoning Commission will. consider the leasa3fa the.. xppIicant on the lxasis of Che applicant's agreement to operate a beneficial industry upon the tatms and conditions as set ftaith in its application which is available for public inspection at`ihe,City Hall offices. The notice shall state the date upon which public hearing will be held before the Commission' for consideration. of the application. 11.20,090 Selection of applicant. After the hearifg provided in KMC 11.20.080 above, the Planning and Zoning Commission may make 'its recommendation of the applicant to the City Council if in the Plannint and Zonine Commission's opinion, on the basis of al] 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. Irl 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 additional conditions upon the applicant before making its award. The decision of the Council shall. be posted on the City Bulletin Baud the day after the hearing and remain posted for ten (l.0) days. Chapter 11 Harbor Attactlment "A^ 51111200'7 9:37 AM ~- Q\Documents and Settings\cii~eas\Locat Settings\Temporary Gnemet FilesiOLKB\Chapfer I l.doc Page 29 of 46 220 11..20.IQ0 Appeal. Any person disagreeing with the decision of the Counaii may appeal the decision by filing suit in the Superior Court, Third Judicial Disnict at Kenai, within ten (,10) days from the date of the posting of Council''s decision. 1.1.2C1.11Q Appraisal. and surve}= of leased lands. [THE] Each applicant will furnish. a survey and app leasing. Any resurveying or re-platting required will be the expense. 11.2Q.120 The lease document-Terms. - Leases may be issued for a term of not less than tw,o (2 (99) years. The applicant shall state in his application the terxla grant a lease for the requested term, the ~,punaiT shall considEi improvements which the applicant agrees to );onstruct thereon required to amortize the proposed investment, the valve of the economy of tha City and other relevant factors. The term of th number of successive periods for a set number of veara each a extensions and original ternl da t7ot exceed 99 years. __ 11.20.13U Appraisal. ' No land shall be leased, oz'a within a six rt~onth period prior tath lease. Noland shall Ue_leased for les the method as described in ~eetion 1 subdrvisions if it is in the public lute of Crty services rendered the land in 11 ?0.14f1 Review No leased I proposed use ar re approved by the C in question ptiar to nsibility and nor more than ninety-nine fired. In determining whether to nature, extent, and cost of the oondition of the lease the time licar~'~s proposed use to the lse`may be extended for a fig as the appropriate unless the same has been appraised date fxad.for beginning of the term. of the lease ar renewal than. the approved, appraised annual rental, according to ,20.10 below, except to State or Federal agencies or their st to do so. Appraisals shall reflect the number and value ~e changed in use, nor may any renewal lease be issued anti} the been reviewed by the Planning and 7oninQ Commission and 11.20.15t1 Annual minimum rental. (a} Annual minimum rentals shall be computed from the approved appraised market value utilizing the method as described in h'IvIC '11.20.'160(aj. Annual minimum rental shall include: {1) Taxes pertaining to the leasehold interest of the Lessee. Chapter 11 Harbor AtrachmenE "A° 5/ll/2007 9:37 AM C:\Documenis and Settings\cfreas\Local Settings\Tcmporary Brtercet Files\OLhB\Chapter l l.doc Page 30 of 46 221 (2} Sates tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (3} A11 taxes and assessments levied in the future by the City of Kenai, as if lessee was considered the legal owner of record of the leased property. (4} Interest at the rate of erght percent (8°l0}per annum and ten percent (10%j pelralties 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 tease and to;~.~les taxes applicable to its operations. (6) Al] special assessments for public improvements;3~vied;by the City of Kenai, as if lessee were considered legal owner o'f leased property. (b} Upon execution of the ]ease the lauds demised becotrte taxable to tfie extent of its leasehold interest and lessee shall pay al] real propert,w taxes levied upon. such leasehold interest in these ].ands, that the City as part of the considerr2rdll of rental payments depends aac~relics upon the payment by the lessee of said assessmenis aid taxes as rfhe were the ownei of said demised land. _ (c) Rent shall he paid annually in advance. Said payments shall be prorated to conform. with the City of Kenai's fiscal year beginning`dr}}y 1, and ending 3une 34. If the egaivalent monthly payment exceeds $206, then. the lessee shall:'have the, option of maktilg~ayrnents on a monthly or quarter]}' basis. 21.20.164E Principles and p'r~licy of lease rates. ' (a) To insure a farristurn, all'leases for a period in excess of five (5) years shall include a redetermination chase as of the fifth`anniversary of each lease, normally set for the first of 3uly of that fifth year. In pursuing n fair returrt,_al1 tands,foi• lease shall be appraised prior to lease and again prior to redetermination. Therefore, lease rates shall. be based on: (I} Farr marleet value of'.the land, including an appropriate consideration of facilities and servides available (public water, public sewer, storm sewers, and other public utilities} as detarrrlined:by aqualified independent appraiser, considering the best use of the specific land. (2) ' The actual rate z?f retuin determined to be a fair return to the City shall be set at [SIX PERCENT (6,°io)] eieht iiercent (8%j of fair market value. The appraisal shall not include structural improvements made to the land or improvements made by way of gravel or other approved fill placed an'the a=and. (b} Realizing that investors, developers, and. other potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future 'leases shall include the following language: At each five-year interval, the fair market value shall be determined by qualified, independent appraisers, The redetermined lease rate (annual rent) under this provision, shall be [LIMITED TO A FIFTY PERCENT (50%) INCREASE IN THE PRIOR LEASE RATE t1Iv"I'II, THE THII2TIETH-YEAR ANNIVERSARY OF THE LEASE AFTER WHICH THE FIFTY PERCENT (50%} CAP PROVISION SHALL NO LONGER APPLY AND THE LEASE RATE Chapter T'1 Ciaxbor Attachment "A° 5!11/2007 9:37 AM C:\Documents and Settings\cfreas\Local Settings\Tetnporary Internet Files\OLKB\Chapter l l.doc Page 31 of A6 222 SHALL BE REDETERMINED EVERY FIVE YEARS j on the basis of fair market evaluation as determined in KMC I L20.080. (ej City leases of tidelands existing at the time of the enactment of this chapter shall have a thirty-year period determined from the date from which the lease was originally entered into. (d} Failure by Che City to insist upon renegotiation at the end of any given fiveyear period shall not constitute a waiver of the right of the City to insist upon renegotiation in an}+ subsequent year, provided that neither the City nor th.e lessee shall have the right to insist upon renegotiation until Pave. years shall have elagsed from the date the rental was last adjusted. 11.20.170 Respansihility' to properly locate. It shall be the responsibility of the lessee to properly iQCate himself and 'nis improvements on the ].eased Iand. It shall. be unlawful to encroach on other;lan@s of the City,,or on lands owned or leased by another. 11.201$0 Lease utilization. - _ Leased lands shall be utilized for purposes within file soQpe of the application, the terms of the lease and inconformity with the axdinances of the City and Borough, and in substantial conformity with Che comprehensive plank LTt~lization or developzrAent for other than the allowed uses shall constitute a violation of the lease and subject the lease to can~~llation at any time. Failure to substantially complete t'ne development plan of the land within the specified time from the date of execution of the lease, consistent with the proppsed,us~e and terms of the lease, shall constitute grounds for speci,Pications the imp: 11.20.190 Subleasing. approval. lease. Na complied 11.20.206 Assignntei Except for as: him without prior CQ Lease. Any attempted requiring Council apl The lease sFsail'^set forth in detail. with appropriate plans and be made within the time period described above. 'or subleasing aiport~%~ of the leased land without prior Council m writing and be subject to the terms and conditions of the original to the sublease of property until the lessee has plan, for collateral purposes, no lessee may assign the lands leased to oval. The assignee shall be subject to all of the provisions of the at made in violation of this section shall be void. Any assignment wi.Il noC be unreasonably denied. 11.20.210 Modification. No ]ease may be modified oral]}+ or in any manner other than 'by an agreement in writing, signed by all partios in interest or their successors in interest. Any such modification shall. reauir-e Council approval. Chapter '1I Ru'Uor Attachment "A'= 5/11/2607 937 AM CaDoouments and 5ettin~sAefreas\L.ocal Setting5lTemponry intemet FilesVOLKBVChapter 1 l.doc Page 32 of 4G 223 11.20.2?0 Cancellation-I'arfeitnre. (a) Leases in good standing may be canceled in whole, or in part, at any time upon mutual written agreement by lessee and the City Council. (b) Any lease used for an unlawful pupose may be canceled. (c} If Che lessee shall default in the performance or observance of any of the lease terms, covenants, or stipulaeions thereto, or of Che regulations now or hereafter in force, and should said default continue for thirCy (30) calendar days after service of written notice by the Cit.} without remedy by lessee of the conditions warranting default, the City shall subject lessee to appropriate legal. action, including, but not Iimited to, forfeiture of the Lease. No rmprov`aments maybe removed by lessee or other person during any time the lessee is in default. This provision shall not be construed to prohibit the City from taking any appropri,at~ legal action, including; bnt limited to, forfeiture of the lease, immediately upon the occurrence of a default. 11.20.2301)efanlt-Right of enteg. Should default be made in the payment of any portion of; the rent or fees when'due or in any of the covenants or conditions contained in the lease of in ;y regulations nov,+'br hereinafter in force, then in such event the City shall give lessee thirty clays after such written notice to cure such default or defaults, after which tf tl~ default is not cured, tie City may terminate the lease, rc-enter and take possession of the premzses, remove all persons'therefrom. 11.20.240 Notice or demand. --' ' Any notice or demand ~/hich under the terttis-of a lease or under any statute must be given or made by the parties thereto, shall be in writing and E'ie given or made by registered or cerCified mail, address~);l to the otherparty at the address of record. However, either palsy may designate in venting such new or other address to whteh` such notice or demand shall thereafter be so given, made or mailed. A notleh given hereunder shall be deemed delivered when deposited in. a li.S. ;7eneraltrx-branch post office, enclosed in a registered or certified mail envelope. __ 11.20.250 Financing-Rightslof mai+tgages or lienhalder. (a) For the purpose of intat5m or permanent financing or refinancing from time Co time of the improvements to be,placed upon the leased premises, and for no other purpose, a lessee, after giving written notice therca~ito the City, nta}! encumber by mortgage, deed of trust, assignment, or other appropriate inBTruzi~ent, the lessee's interest in the ]eased premises and in and to the lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create an}~ interest in the City's title to the leased premises. If such mortgage, deed of tmst, or assignment, shall be held by a bank or other established lending or financial instittion (which terms shall inolude an established insurance company and qualified pension or profit-sharing trust), and such institution shall acquire the lessee's interest in such lease as a restilt of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in 3ieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such lease to anominee or awholly-awned subsidiary corporation with Chapter S I Aazbor Attaciunent "A" 5/7.1/2007 937 AM C:\E9oeuments and Settngs\efreas\Local Settings\Temporary In[emet Files\OLKB\Chapter 1 Ldoc Fage 33 224 the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required is be performed by the lessee, whereupon such lending institution shall. be relieved of any further liability under such lease from and after such transfer. Such lending institute for the nominee. or wholly-owned subsidiary corporation to which. it tnav have transfen-ed such lease, or any other lending institution which may at any time acquire such lease, shalt be relieved of any further liability under such lease from and after a transfer of such lease. (b} A Ieaseho]d mortgagee, beneficiary of a deed. of trust, or security,assignee, shall have and be subrogated to any and all rights of the lessee wiCh respect to the cuing iS€: any default hereunder by lessee. (c) Tf the holder of any such mortgage, beneficiary of any-such deed-.of trust, or the security assignee shall give the City before any default shall have occurred m the lease, a written notice containing the name and post office address of such hold~+r E<ie Ctty shall thereafter give to such holder a copy of each notice of default by the lessee ate same time as any notice of default shall be given 'by the City to the lessee, and the CtivFw3il not thereafter accept any surrdnder or enter into any modification of this lease without the prlar written' nonsent of the holder of any first mortgage, beneficial interest under a first deed of trust, or s'ecur7"ry assignee, in this lease. (d) Tf, by reason of any default of the_lessee, either thts lease. or any extension thereof shall be terminated at Che election of the Crty print to the stated expiration therefor, the City will enter into a new lease with the leasehold mortgagee for the remainder of the;f~nn, effective as of the date of such termination, at the rent and additional rexit, and on the terms herein contained, subject to the following conditions: (1) Such mortgages, lseneficiary, or security asstgnee, shalt make written request to the City for such new lease wrthinawenty days after the dace of such termination and such written request shall ~e accompanied' by a payment to, the City of all sums Chen due to the City under the }ease. (2) ~,~uch mortgagee, beneficiary;'-qz- sdcurity assignee, shall pay io the City, at the time of the execution a>1d delivery' of such new lease, any and all sums doe thereunder in addition to those vi+hich would at the ;time of the ex~cutian and delivery thereof be due under this tease; but forsueh,termination and in addtuon thereto, any reasonable expenses, including legal and attorney's feeg,, to which the City shall have been subjected by reason of such default. (3) ' Stich mortsagea beneficiary, or security assignee shall, on or before the sxecuflon and. delivery of such,new lease; perform. all. the other conditions required to be performed by the lessee to the extent that~~the Izssee shall have failed to perform such conditions, (e) If a lending institution or its nominee or wholly-owned subsidiary corporation shall. hold a mortgage, deed of trust, or similar security interest in and to this lease and shall thereafter acquire a leasehold estate, derived either From such instruments or from the Csty, and i'f such institution, nominee; or corporation shall desire to assign. this lease or any new lease obtained from the City (other Chan to a nominee or to a wholly-awned subsidiary corporation as permitted by the above provisions) to an assignee who wilt uuderCake to perform and observathe conditions in such ].ease required to be performed by the lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such lease from and after Chzpter I7. Aarbor Aaachment "A" 5111/2007 937 AM C~,\Documents and Settings\efreas\Local Settings\Tempurary Internet Files\OLKBiChapter t i.doa Page 34 o~t 25 The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any default on the part of the lessee in observance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any previsions of the lease. No failure on the part of the lessor to enforce any covenantor provision therein. contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate, such covenants or provisions, or affect the right of the lessor to enforce the same in the event of any subsequent breach or default. The receipt, by Che lessor, of any rent or any other sum of money after the tenninatson, in any manner, of the term. theresn demised, or after the giving by the lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the rasultanC term therein demised, destroy, or in any manner impair the efficacy of any such notice or termination as may have been given thereunder by Che tessor.f~ the leasee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lessor. 11.20.330 Surrender on termination. {a) Lessee shall, on the last day of the term o'f thls~lease or upc any earlier termination of this lease, surrender and deliver up the premises into the possession and use of Cicy without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restotatipA, or renewal, free and clear of alt lettings and occupancies unless expressly permitted by City in writing, and free and:elear of all. liens and encumbrances other than those created by City for loins Co the Cit}'. (b) Upon the end of the term of this lease or any eirlier termination thereof, title to the buildings, improvements afauilding equipment'shal] automatically vest in the City without requirement of any deed, conveyance, or bill of sale documaiit in confirmation hereof, lessee shall execute, aclcnow]edge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all goyernmentai units in conrction therewith. 1L20 '~40 S~iii`tation. `; -~Tlie lessee shall'eomply w[th ~I] regulations or ordinances of the City which are promulgated for the promotion of son"tfiatr`on. The premises of the tease shalt be kept in a neat, clean. and saitital'y condition, and every effort shall be made to prevent the pollution o,f water. 11.20.350 I3uikdin~ and zone<a codes. Leased lands shall bn` 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 shad observe, obey, and comply with al.l applicable ntles, 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 pubhe areas and Facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City Chapter 1I Harbor AtCaclvnenr "A" 5/71/2007 9:37 AM C:\lloeuments and Settings\cfreas\Local Set'tiags\Temporazy ln[emet FilestOLIiB\Chap¢er 11.doc Page 36 e£ 2? shall become applicable unless it has been given thirty days notice of adoption or amendment thereof. (c) Lessee, in the conduct of its operations on the demised premises, shall observe, obey, and comply with any and all applicable rules, regulations, laws, ordinances, or orders of any governmental authority, federal or state, lawfully exercising authority over lessee or lessee's conduci of its business. (d) City shat] 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 light or authol,~ty_as in this section provided, nor shall lessee be entitled to terminate the whole or any pnltion ~rl tl7e leasehold estate herein created, by reason of the exercise of such rights or authority; unless the exercise thereof shall sa interfere with lessee's use and occupancy of Che leaselrDfil 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 Statos made applreal3'1e to fire states. `' _, - __ 11..24.374 Aircraft operations protected. - (a) The City shall reserve to itself its auccessors and assigns,' foi~the use and benefit of fne public, a tight of flighC for the passage of aircraft in the airspace above the surface and all improvements approved by the City of tl~,premises conveyed, trrgether with the right to cause in said airspace such noise as may be inherent ~n the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace p~ landing at, talctng off from, or operating on the Kenai Airport. (When plans for improvements are approveddy the City, the City to the extent of those improvements releases the easements-here expressed.) (b) The lessee by accepting costveyance expressly agrees for itself, its representatives, successors, and assigns; that it will not erect nor permit the erection of any structure or object, on the and conveyed, which would be an airport obstrncttrn within the standards established under the Pederal Aviation Administration. ltegul,atlons, Part 77, as amended. Tn the event the aforesaid covenant is b~~eaehed, ,the Crty reserves the x{glrt t~s enter on the land conveyed hereunder and to remove the offending structure or:'objeet, all of which shall be at the expense of the lessee or its heirs, successors, or assigns. , . 11.24.384 Right to enjaymentSand peaceable possession. The City shall agree anti covenant that the lessee, upon paying rent and performing other covenants, terms, and;.condrtions of this lease, shat] have the right to quietly and peacefully hold, use, occupy, and enjoy t_he said leased premises, except that any inconvenience caused by public wanks projects in or ali~nt the leasehold premises shall not be wnsnved as a denial of the right of quiet or peaceable possession. 11.24.394 Lessee to pay taxes. Lessee shall pay all lawful taxes and assessments which, during the Germ thereof may become a lien upon or which. may be levied by the State, Borough, City, or any other tax-levying body, upon any taxable possessory right which lessee may have in or to the reason of its use or occupancy, provided, however, that nothing herein contained shall prevent lessee from C'napter tl Harbor Attachmenti "A" 5/71/2007 9:37 AM CaDncuments and Settings\efi~eas\Lncal Settings\Temperary Infemet Files\OLK$\Chapter 11.doc Page 37 oS 4fi8 contesting as any other land owner any increase in such tax or assessment through procedures outlined in State statutes. I1 0.400 No partnership or joint venture created. The City shall not be construed at held to he a partner or joint ventarer of lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties thereto is, and shall at all times remain that of landlord and tenant. 1.1 0.410 Default bankruptcy. If the lessee shall make any assignment for the bankrupt, or if a receiver is appointed for the lessee or lease, and if the appointment of Che receiver is not vac petition is filed under Seceion 1$(a} of the Banlauptcy the City may, upon. giving the lessee thirty days ndti LL2f1.420 .Nondiscrimination. The lessee, for himself, his heirs,^per assigns, as a part o£ the consideration heretif, running with the Land, that: (a) No person on the grounds of race, co participation in, denied the h~efa~ts of, at be said facilities. _ _,- reditbrs or shall he adjudged a ets, or any interest under this thirty days, or,if a voluntary by the lessee, then and gin, an~~ event, urinate this lease in interest, and as a covenant €'shall be excluded from to discrimination in ehe use ofi (b) In the constru~ton;pf any improvements on, Aver, or under such land and the famishing of services thereon, no person on the grounds of race,'cotor, or national origin shall be excluded from participation, denied thebenefits of, o~_othpt'-wise be subjected to discrimination. (<) The7essee sha11 fuse the prertijses in compliance with all other requirements imposed by or pursuant to Title 49, Code. of Federal Regulations, Department of Transportation, Subtitle A, Office of tie Secretary, Part 2-i, Nondiscrimination in Federally-assisted Programs of the Department df Transportation=Effectuation of Title VI of the Civil Rights Act of 1964, and as said reeulattosts nav be amended. (d) In the event faciht~es 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 shah maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federatly- Assisted Programs of the Department of Transportation-Effectuation of Title yrI of the Civil Rights Act of 1964, and as said Regulations may be amended. 11.20.430 Partial invalidity. Chapter I1 Harbnr Aaachmetu "A" 5/11/2007 937 AM C:\Doaimerts and Settings\cEreas\Local SeCCings\Temporary lntcrnet I^iies\OLKB\Ciiapter ] t.doc Page 3S 02469 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. ll.20.44Q Parole modifications. It shall be mutually understood and agreed between the parties that fne agreement, as written; shall cover all the agreements and stipulations between the parties; and no representations, oral or v,>rittan, have been modifying, adding to, ar chap~i~tg the terms thereof. 11.20.450 Amendment of lease. Notwithstanding anything to the contrary, in order to d the lessee in Che financing of the improvements to be situated herein, the City shall. agree thatu~ the event th'e proposed mortgagee, beneficiary or security assignee under any,ititerim'-or permanent lean on the security of the leasehold interest of the lessee and the improvr;ments to be situated thereon so requires, the City will make a reasonable effort to amend t}3r~leasa in order to satisfy such regtfrements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's rights thereunder nor be such as to alter in any way the rental obligations of the lessee hereunder nor its obligations to comply,with alI existing Iaws and regulations of the City relating to the leasing of airport lands, anti to,.all tipplicable Pederal statutes, rules, and regulations, and all covenants arad,ponditions of the'.'deed by which the City holds title to the land. 11.20.460 Compliance with Iaws_ . ' {a) Lessee shallp~SmSply with allappIicabie laws, ordinances, and regulations of public authorities now or hereafitenin an}~ manner affecting t{t~ leased premises or the sidewalks, alleys, streets, and way adjacent thereto,~r a~ buildings, structures, fixtures, and improvements or the use thereof u~liter or not any such laws, ordinances, and regulations which may be hereafter enacted lnvo~ive a change of policy-an the part of the governmental body enacting the same. Lessee<xagrees to hold City financially hart less from the following; (1) _. From the consequences of any violation of such laws, ordinances, and/or regulations. '. (2} Froth all claims for damages on account of injuries, death, or property damage resulting from such viplatio~' (b} Lessee further agi=ees it will not permit any unlawful occupation, business, or trade to be conducted on said prertiises or any nse to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto. 11.20.470 Care of premises. Lessee, at its own cost and expense, shall keep the leased premises, all improvements which at any time during the term of this lease may be situated thereon., and any and all appurtenances thereunto belonging, in good condition and repair, during the entre term of this lease. Chapter 11 Aaz6or 5/ 11/2007 937 AM Attachtnent "A" C;iDocurueots and Settings\cfreas\Local SettingsiTemparary InterneE Liles\OLKB1Chapter l l.dnc Page 39 oL4~o I1.2t1.4S0 Lessee's obllgatian to remove liens. Lessee will not permit any liens including, bnt not limited to, mechanics', laborers', or material-men's liens obtainable or available under the Chen existing laws, to stand against the 'teased premises or improvements for any labor or material furnished to lessee or claimed to have been Tarnished to Lessee or to Iessee's agents, contractors, or sublessees, in connection with worg 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, hpwever, lessee shall have the right to provide a bond as contemplated by Alaska law and contest he`~atidity or amount of any such lien or claimed Iien. On final determination of such Iien or such claim for lien, lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at lessee's own expanse. 1L20.49O Condemnation. In the event the leased premises or any pa~tlrereof shal~rbe condemned and xal~en for a public or a quasi.-pubIie use, then upon payment oT ang award or- eornpensation artstig from such condemnation, there shall be such division of the proceeds; such abatement in rant payable during Che term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and egmtabletznder aLI the crrcunstances. If the City and lessee are unable Co agree within thing days after such an award has been paid ink court, upon what division, annual abatement in rent, and other adjustmenfs.arejtist and'equitable, the dispute shat[ be determined by arbitration provided in KMC 11.24i'67O hafeof. ~' 11.20.500 Protection=~ofsubtenants: To protect tlfe pasiti,on of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted lessee hereunder, the Gity agrees that in the event of the cancellation, termination,.exp ration, or surrender of this=lease (fhe ground lease), the City will accept Che subtenant successors and assigns, as its lessee for a period equal to the full elapsed portion of the term of ehe sublease, including any extensions or renewals thereof not exceeding Che term of this it;ase, typon the same covenants and conditions therein contained, to the extent that said covenants an'd.conditions are not incousistentwith any of the Germs and conditions of this lease, provided sucjr subtenant shall make full and complete attornment to the City for the balance of the temr of such sublease sa as-to establish direct privity. of estate and contract behveen the City and the subtenant with-;the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the pr,~iv'isions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 11.20.510 Successors in interest. Chapter 1] Hazbor ,4nachment "A" 5/1ll2007 9:37 AM C:\Documenes and Settings\efreaF\Local Settings\Temporary 1nCemeC Files\OLKD\Chapter '1 l..doc Page 40 0,'46 231 This lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject Co such specific limitations or assignment as are provided for herein. 1.2.20.520 Governing law. The indenture of lease shall be governed in all respects by the laws of the Sfate of Alaska. 12 ?0.530 Notices. (a) Any notices required by the lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered,rriail in,;¢ prepaid envelope addressed as follows: '`_ __,. To City: Gity Hall-City of Kenai _ (P.O. BOX 580] 210 Fidaleo Avenue -- Kenai, Alaska 99C11 To Tenant: (b) The City shall also ma31 a copy of any notice~iven to ,the lessee, by registered or certified mail, to any leasehold lender (m,ortgagee, bene£letarj~ of a deadiof trust, security assignee} who shall have given the City native of, uch mortgage; deed of trus+, or security assignment. {c) Any such addsses mzy be changed by an ;appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in pazagraph {a) above at-~east,~fzeen daysprior to the giving of the particular notice in issue. The lessee will. take all reasonable precaution to prevent and take all. necessary action to suppress destructive or uncontrolled grass, brush, or other fires on leased lands, and comply with a13 laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased pxemises are located. 1.1..20.550 Inspection:' The lessee shall allow authorized representatives of the City to enter the leased Land for inspection at any reasonable time. 11.20.560 Personal use of materials. All coal, oil, gas, and other minerals and all deposits of stone or grave! valuable for extraction or utilization and all materials subject to Title II, Division T, Chapters 4, 5, and 6 of the ?.laska Administrative Code are excepted from the operation of a surface lease. Specifically, the Chapter I l Harbor Attachment"A" 5/1IfZOttt 9;37 AM C:\Doeumenes and Settingslcfreas\Locat Settings\Temporary Internet Files\OLK&\Chaptez~ l l.doc Page 47 23`L lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or commeroial purposes; provided, however, thaC material required for the development of the leasehold may be used if its use is first approved by the City. 11.20.570 Restrictions and reservations. The lease shall contain such restrictions and reservations as are necessary to protect the public interest. 11.21).580 Waste and injury to tend. if any person shalt commit waste, trespass, or:;~thet injury upor: City land, the person so offending, in addition to being civilly liable for an,yrdamages caused, shall be deemed,4uilty of a violation. 11.20.590 Warranty. -- The City does not warrant by its classificaton or leasing ~Qf land that the land is ideally suited for the use authorized under said classification ar lease, and no guaranty is given or implied That it shall be profitable to employ land to sai;31 zYSe..-City bears no responsibility for any water erosion of land. 21.20.600 Approval.~~other authorities. The issuance by the,Gity ofaeases does not re'kieve the grantee or lessee of responsibility of obtaining Iicenses or permits a~may I,i~~equis'e~by duly authorized Borough, State, or Pederal agencres_- 21.20:~i10 Title restrictions.:. All Teases or sales of prapetty-shall be made subject to restrictions and reservations in the patent, daed,'or other instrument under which the City holds. 11.20.620 Insurance-Holt3 harmless. Lessee shalt covenant to save the City harmless from all actions, suits, liabilities, or damages resulting from or ar"sing out of any acts of commission or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. 1n this connection, the lessee shall agree to azrange and pay for all the following: (aj Public Iiability insurance protecting both the City andlor its agents and the lessee, such insurance to be evidenced by a certificate showing the 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 520,000/$~GO,OOOI$100,000]. Chapter 11 Harbor Attactltnent "A° 5111/2007 4:37 AM CaUocuments and Settings\efreastC.ocal 5ecciugslTemporary Internet Files\OLK6lChapter I l.doc Page 42 ci 46 233 (b) Liquor liability (where applicable). (c) Lessee agrees to carry emptayer's liability insurance and Worlanen's Compensation Insurance, and to furnish a certificate thereof to Che City, if applicable. (d) Insurance contracts providing liability insurance and Workmen`s Compensation shall provide for not loss than thirty days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (e) Lessee agrees that waiver of subrogation against the City shall. be requested of lessee's insurer, and shall. be provided at no cost to the City. (f) Cross Liability; It is understood and agreed that the insurance afforded by this policy or policies for more than one named insured, shall. not operate to inereaseahe limits of the company's liability, but otherwise shall not operate to Fimit aryVaid the coy+erage of any one named insured as respects claims against the same named assured or employees of such other -=:. named insured. (g) The insurance procured by the Iessec as h rein required shall be issued in the name of the lessee and the Cityby a company licensed to do Business in the Site of Alaska, anti shall contain endorsements that: (1) Such insurance may net tae canceled or amender!„with t~spect Co the Cisy without thirty days written notice by registered or certified mail to the City;by the insurance company. (2) Lessee shall be solely responsible fo>'~ayment of premifims and that City shall not be required to payany premiums for such insurance. (h) The amount of insurance coverage required d'bove may„~~ subject to review for increase at each five-year (i) Upon rev other insurance I owing to the par! 11 nn af;the lease. City [Ct;3MMISSION];the lessee may be required to obtain such is City and lessee that may~~e necessarily required or advisable ?f-ihe:har13axi-related activities on the tease-hold interest. for its execute agreements holdinf may require `suc)t bona fide insurance coveringxheir op~ protect them. 1L20.640 Annual on, mad require bona fide public users and subtenants to hatmless fi~om actions arising out of user's operations and users and subtenants to show proof of public liability > on the. demised premises in such amounts as will adequately The lessee may be required to submit to the City each year on or about March 15; an annual report on its operations, partieularty those services and facilities offered to the public, whether on a fee or non-fee basis. 1.1.20.650 Tidelands claims. The City shall Lease the subject land subject to any preference rights claims made pursuant to the provisions of AIaslca State 38.05.320 or Ordinance No.455-78, dated September Chapter I1 Hazbar Attachment "A^ 5/I I/7A09 9:39 AM CaDocuments end Settings\c4reas\Local Settings\Temporary Inramet FilesIOLKB\Chapfer l i.doc Page 43 01' 4 4 5, 1979 of the City of Kenai, adopted pursuant thereto, and the Iessee holds Lessor harmless for any damages, legal expenses, or compensation necessitated by the resolution or satisfaction of said claims, if any. 11.20.660 Subjection to harbor ordinance. All leases are subject to the terms, conditions, and regulations imposed by Title 11, Harbor and Harbor Facilities, of the 1979 Kenat Code. of ordinances as amended of which this section is Bart. 11 ?0.610 Arbitration. In the event the City and lessee shall be unable to agr as to any matter provided for in the lease except as to the amount of the five-year rent rede-~el7nia~tion amount. which is handled pursuant to KMC 1.1.20.160, such dispute shall be deterlTtmecl'by three disinterested azbitrators (unless the parties can agree on one arbitrator). Such arbitration shall be conducted upgn request of either Che City or the lessee, before dtree~ arbrtra#ars i,~unless thd,City or the lessee agree to one arbitrator) designated by Che American Arbitration Association and`np accordance.~iwith the rules of such Association. The arbitrators designated and acting under this lease shall have no power to depart from or change any of the provtsttms thereof. The expense of ar'oitration proceedings conducted hereunder shall be borne ex?ua17y ~y the parties. The p'raeeedings shall take place in Kenai, Alaska unless otherwise agreed upon';.by the P~trfies. 11.20.680 Provisions regula_tizig,pubiic use purpoee. The City Council reaI'izes ghat only a broiled area of fidelands bordering navigable waters are available within tlxe~ity of Kenai slid which are owned by the City of Kenai. St would be in the public interest to insure that these lands do not pass~out of community control at least to the extent that the public would not b~ de>irived of harbor services at reasonable rates in the future. Therefore ar~as~if Ctcy,-owned tidelands wlircls are developable for the bona fide public purposes as'enumerated below shall be leased on}y with the fallowing covenants defined to insura~ublic use and acoess;~t reasonable,.>'~ates. 1L20.690 Provision to be included in public use lease. The following provtston shall be included in leases where harbor facilities are constructed to be utilized all arinpart fo'r 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 fallowing: (1) 1n general, the lessee may use the demised premises or part thereof for any of The following purposes only: (i) Public dock facilities. (iij Maatime commerce. (iii) Transporeation. Chapter 7.1 Harbor Attachment "A" 5/1I/2007 9:37 AM CaDoouments and Settings\c4rcas\t.ocak 5ettingslTemporary lnterneC FiteslOLKB\Chapter 11.doo Page 44 of 46 235 (rv) Frshmg. (v} Boat harbor. {vi) Port and waterfront development purposes. (b} Before lessee may conduct any activities which fall under this general criteria, but aze not specifically mentioned above, lessee must obtain written consent of the City. (Ord. 532) 11.20.710 Controlled access. Lessee, for its own protection, may construct or install fences„gates, or other typos of barriers to restrict access to portions of the demised premisas h[aat are not:designated for a public use and may provide reasonable controls for access to public use areas to allow for security for such areas while insuring reasonable public access. Reasdtlable public access 'includes accommodations made for fishing operations during fiTS'hing season. 11.20.720 Use charges. `°' u=' Lessee shall make reasonable and non-discriminatory charges to the public for use of any of its faoi.lities. It is expressly recognizedthat lessee is entitled to,a margin of profit, which should be fair, reasonable, and competrkve;-'and ;that Crty will coope;srte~to this end in considering rates and fees, The [COMMI annually. The lease shall contain an arbik resolve disputes arising hereunder. 11.20.730 Maintenatfee of dock. Lessee covenants that it w accordance with apnlicabla state:,! gubiic's shall only ~ieie'all rate structures h in KMC 11.20.676 to the dod'Ifi`~acility in a safe condition and in extent deemed to be necessary to protect the 11.20.750 Unaufhnrzed reribval oP material prohibited. Any person, firm, corporation who without written authority from the City removes rock, gravel, or other material from the lands awned by the City without the express consent of the City shall be deemed guilty of a violation. Any criminal action taken against such person shall not preclude the institution of civic proceedings by the City. 11.20.760 Remove! not authorized by lease. No deed or lease granted by the City to any person shall contain terms or be consk~ued as granting any right to remove material from City lands. Chan¢er It Hazbor Attachment "A" 5/11/2007 9:37 AM C:1Documents and SeningalcfreaslLocal Settings\Tempoxary 1'ntemet Piles\OLKB1ChapYer ll.doc Page AS of 46 236 ll.2Q.770 Disposition of rights by Conncil. In recognition Chat conditions may exist from time eo time whereby use of such lands and the material con-tprising the same maybe beneficial to the public interest and promote the progress and development of the City, applications far the use thereof may be received and. considered by the Planning and Zoninz Commission, providing such applications fully disclose to the City all material facts and plans for the proposed use. Such applications shall be consistent with the Comprehensive Plan of the City [AND REFERRED TO THE CITY PLANNING COMMISSION FOR ITS RECOMMENDATIONS]. Disposition of such applications shall be made by the Council after recommendation froth the Commission 11.2U.780 Penalties. (a} IC is unlawful for any pexson to violate any of the conviction thereof shall he fined as provided for violatia violation is committed or permitted Co continue shall. C,~ii punishable as such hereunder. (b) In addition to or as an alt©rnative to the above pe of and upon h day such nd shall be a separate civil penalty in an amount as provided by KMC 13.05.010 per'day provision of this chapter and seek mlunctive relief for any mfra~li~ offending party will be charged for reasonable attorney's fees and awat'ded by the court. (c) Nothing in this section shall be deemed to restrict the City' pursuant to the lease agreement including those enumerated fn Kv 11.20.240 hereof. r~aon, the Crty Wray impose a for the violation of env .n thereof for which the costs incurred by the City as tercise of any of its rights 11.20.220 and KMC 1L20.794 Tideland leases or shore fisheries. (a) The annual minimum ren> al rate for:pdeland leases used primarily for share fisheries shall be three-~ll~red dollars 03.00.00) per'~}+ear. However, should the State of Alaska set an annual lease rate higher.~han three hundred dollars {$300.00} for similar tideland leases for shore fisherres an land owned by ttte State, the,C~ty may amend the annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to KMC 11.20,150 shall be in addition to t1i'eannual minimum set forth above. (b) Neither Kh~IC 1 L20.16CY War IL'MC 11.20.620(a) shall agpLy to tideland leases far shore fisheries. (c} The provisions,AII~MC 11.20.110 and KMC 11.20.130 requiring appraisals of tideland property shall. not app~'to leases of tidelands for shore fisheries. However, the survey provisions of KMC l 1.20.110 are applicable to shore fishery leases. Chapter 11 Hu6or Attacltmept "A° 5/11!2007 4:37 AM C.~Documents smcf 5ertingsk:freas\Local Settings\remporary Internet FilesIOLKB\Chapter I Ldac Page 46 o~P 46 237 YNFORMATYON YTEMS Y{ENAI CITY COITNCYL MEETYNG MAY I6, 2007 1. 5/16J2006 Purchase Orders Between $2,500 and $15,000 for council retzew. 2. 5/ 10/07 Kenai River Special Management Area Advisory Board meeting agenda and meeting minutes of 4/12/07. 3. 5/07 Kenai Chamber of Commerce newsletter. 4. 4J30/07 G. Brantley, Jr. letter requesting donation to Soldotna High School. 17ack & Field Program. 5. 5/4/07 C. Simonetti, The Alaska Community Foundation, fetter of thanks for donation to Alaska Methamphetamine Education Project Fund. 238 Specaal Management Area "Working together...ior fhe river" ~~ , Kenai L4.iver Special Management Area Advisesrq Board *** Meeting Agenda*** Thursday, May 10, 2007 5:34 p.m. Kenai River Center ~ `= ~''~ s` `' "; _~_... . M._.. I. cALL TO ORDER ~ i~AY ~:~ 2QJ~.~... A. 12o1I Call B. Minutes Approval C. Agenda Changes and Approval q ~` NF ~v4' ~'P f\8 ~P"n dij ~5.i~ 4i 1P' Y L..-. J x j 3 II. PUBLIC COMMENT A. Bridge update- Matt Coullahan YII. OLD ] A. B. C. D. E. F. G. H. 3USINESS Guide Advisory Committee report -Connors Guide Academy Emergency Provisions -Connors Guide Academy Report -Connors VSlaterbody Recovery- Pian status -Stevens Kenai River Center Update -Russell Kenai River Flooding Update- Sinclair/RusseA Highway Bypass update -Sinclair Regulation Process update -Sinclair IV. NEW BUSINESS A. Summer Activities for Board Members -Sinclair B. V. ACTION ITEMS VI. PUBLIC COMMENT VII. AD30URNMENT A. Board Comments B. Date/Agenda os""Next Meeting September 13, 2007 5:30 p.m. Kenai Area Office, PO Box 1247, Soltlotna, AK 99669, 907-262-5581 ~%-~ Kenai Peninsula Borough, PO Box 850, Soltlotna, AK 99669 907-262-4441 a -~, Kenal River Center 514 Funny River Road, Soltlotna, AK 99669, 907-260-4882 f ~ " Alaska biviaion of Parks and Oumoor Recreation, DepaRment r1.N~atur~al ~R~~r<~~o~rc~s. in coopara0on wllh Ne Kensi Perinsule Borough K_EI~IR^R.! ~ Kenai River Speoial &Iaaagement Area Advisory Board Thursday, April 12, 2007 5:30 p.m. Kenai River Center Y. CALL TC3 t7RDRR: A. Roll Call Members present: Ken Lancaster, Dick Hahn, Gary Knopp, Joe Connors, Rick Wood, Jirn Czarneski, Jack Sinclair, Tom Vania, Tim Stevens, George Heim, Dick Dykema, Curt Shuey, Rick Koch Members Absent: Ted Wellman, Brenda Trefon, Jeni Evans, Robin West B. Approval of March 8, 2007 minutes -Dick Hahn withdrew his resignation. W-ith this change, the minutes were approved as written. C. Agenda Changes and Approval: Added under Old Business: Item I- Letter from Commissioner/River Quest correspondence. Added under New Business: Item C -Proposal to the Board of Fish from Cooper Landing Fish and Game Advisory Committee. Curt asked that Item D -Collaborative Letter addressing the Hydrocarbon Issue be moved to an Action Item. Agenda was approved with changes. II. PUBLIC COMMENT There was no public comment. A. Bridge Update -Matt Coullahan. Matt was unable to attend. Pam read a prepared email from Matt on the bridge update. III. OLD BUSINESS A. Guide Advisory Committee Report-Joe Connors. Joe advised the board that eight out of the nine members were in attendance at today's meeting. Anew complaint form dealing with issues about guides was finalized and forwarded to Jack Sinclair. The current stipulations for Kenai River guides were reviewed and possible modifications for 2008 were discussed. Also, a draft proposal for the loss of a guide due to extenuating circumstances was 240 discussed. A copy of this draft was handed out to the board members. Joe asked that this proposal be an action item for the May meeting. Joe felt that it would be a goad idea to have a plan in place before we do have an emergency situation. The next meeting for the Kenai River Guide Advisory Committee will be at Noon on May 10, 2007. Ken suggested that Jack discuss the draft proposal with the Attorney General before the next meeting. B. Soot Wake Study L3pdate - Rufr'ner/ Sinclair -Jack Sinclair spoke about the teleconference held with Dr. Maynord, Jack stated that he would Like to see more of the notes from the different peer groups that were present. Dr. Maynord reiterated that as long as the weight of the boats is not increased, further bank erosion would be limited. Ken stated that it vc~ould be three to four months before we have an early technical report, which will finalize the wake study. C. Waterbody Recovery Plan Status -Tim Stevens. Tim passed out a revised Kenai River Waterbody Recovery Plan Process Chart (Concept). He said that most of the changes made were in the work group section. DEC was listed as the lead agency of the work group. Anew workgroup panel consisting of DEC, DNR; ADF&G, Cities of Kenai and Soldotna and the KPB was created. These agencies were chosen because they all have authority to enact regulations or ordinances recommended by the stakeholders. Tim stated that the stakeholders would work toward a consensus on issues to be forwarded to the workgroup panel. Discussion followed on the subject of the lead agency and a timeline. ..Tim stated.. that ,the. City of .Soldotna has sent a letter to the Governor asking that .she appoint a lead agency to this process, Tim stated that a completion date has not been decided on, but DEC would like to get it done so that the water could be moved from a Category 5 to Category 4b during the next listing, which is December 2008. George suggested encouraging voluntary public compliance with some of the ideas already proposed to reduce hydrocarbons in the river, such as eliminating the two-cycle engines. D. Collaborative Letter addressing the Hydrocarbon Issue - Shuey (This item was moved to an Action Item) Keaal River Special Management Area Advisory Board Miaates - Maxch 8, 2007 Page 20£ 8 241 E. Kenai River Center Update -Russell. Pam reported that the Kenai River guide permitting season is gearing up. The Kenai River Center is starting to gat a lot of permits for flood damage. The Kenai River Center will have representatives at the Home Show this weekend. F. Kenai River Flooding Update -Sinclair/Russell. Jack said that the first assessment on the river would commence next week. Two representatives from the Spruce Bark Beetle mitigation office will assist the rangers with high revolution cameras and GPS equipment and clot-by-lot profile will be conducted. This will provide a database to the Kenai River Center and we will be able to mark and map any debris that needs to be removed instream. G. Regulation Process update -Sinclair-To be discussed with the letter received from Commissioner Irwin H. Highway Bypass update -Russell - No information was received by the agency in time far the meeting. I. Letter from Commissioner Irwin: Commissioner Irwin stated in his letter to the Board that the KRCMP will be evaluated by the Planning staff to determine the level of revision needed and fnat he would. keep the Board updated on this. He also stated that a recent meeting was held with DNR, ADF&G and DEC to discuss the proposed regulations that are pending. After he has had a chance to fully evaluate and understand the impacts and ramifications, he will be making his decision and he would notify the Board immediately. Letter to Mayor John Williams from DEC: Ken stated that he had met with Mayor Williams and asked him to write a response with regards to Riverquest Subdivision: These letters were provided to the Board and Ken asked for input from the board. A second letter will be drafted from Mayor Williams in response to DEC's letter. Jack Sinclair stated that the correspondence helps to explain the progression of what has taken place over time with the issue. Ken stated that it is obvious that people are living there year round. Kenai River Special Management Area Advisory Board Minutes -March 8, 200'7 Page 3 of 8 242 Rick Wood pointed out that in the handout from DEC an the Conditional Approval to Construct document, it states that the facility is approved for seasonal operation only. Joe Connors was concerned with grandfather rights setting a precedent an these structures. LV. l~\iV BUSIR1rSS A. Slikok Creek Project -Jack updated the board on the angler access project at Slikok Creek that has been ongoing since 2004. The upstream portion of the project provided a grate walk. This was taken out last summer after an inspection by several engineers discovered that hand rails needed to be installed on the waterside because the walkway was too high. Handrails will be installed on this portion before sockeye season starts in July. When the walkways on the upstream portion were first tested, the current was too strong and we realized this would not be a good wading area. It is better to be fishing from the deck. The downstream portion of Siikok has been historically known for its archaeological importance to the Kenaitze Indian Tribe. A trail currently in place from the College to the river is badly eroded. The intent was to try to solve the erosion problem by creating a stairway and trail through the woods. We razz into problems when the archaeological report came in after the project was started. The project has been stopped at this point until it can be determined by the Ienaitze Indian Tribe and the Office of History & Archaeology just how significant the resources are there. Jack stated that one of the things missing from the Comprehensive Management Plan is a plan for managing cultural resources. He ,.would like tine: ~.3oard to discuss this as an amendment to the plan. At this point, the stairway and trailhead will probably not be constructed this year, if at all. It will take a lot more review and analysis by the Office of History- & Archaeology and the Kenaiize Indian Tribe along v=ith State Parks. Discussion followed on whether issues dealing urith access to the river have been brought forward to the Board for discussion. in the past. Kenai River Special Management Area Advisory Hoard Minutes -March $, 2007 Page 4 of 8 243 Jack stated that in the Management Plan there is a matrix that discusses what the priorities were regarding access to the river. When the Plan was developed, it was decided that there was not going to be any new access created. The philosophy at that time was that there was already way too much access to the river. The emphasis was on improving already developed access and making those more habitat friendly. Jack said that he would'orief the Board of any new major project on the river. Dick Hahn stated that we need to not only deal with the river itself, but we need to deal with the adjoining habitats and not just the park. Ken stated that maybe we should ask that the Kenai River Center make us aware of any permit applications in the other overlays. Pam did not think it would be feasible for the Board to discuss all of the permits received, due to the large volume. Most of the permits are just for walkways ar stairs into the river. She told the Board that the Kenai River Center works together. There is a weekly staff meeting and we are conscious of what the other agencies are doing. Jack thought that this should be put on the agenda for the next. meeting for further discussion. B. Guide Academy Emergency Provisions -Sinclair/Connors This item was previously discussed. C. Upper River Issues -George Heim George provided a background on a change that has been developing on the pattern of use on the one section of the Upper Kenai River that is open to motors. For twenty years, there had just been a few motors running up to the lake to fish in this area. Starting about two years ago, drift boats that had a motor on would fish there way down river, fue up their motor and go back upriver and begin another fishing drift down the river. This type of use has increased dramatically, This activity is not what was intended far that section of the river. The Cooper Landing Fish and Game Advisory Committee met and this issue was brought up and discussed. It was decided that a rule be proposed to the Alaska Board of Fisheries that once a Kenai River Special Managemeat Area Advssoty Board Minutes -MarcB S, 20f1'7 Page S of 8 `Z44 motor was fired up on this section of the river, they would be done fishing and could then continue drifting down and use their motor to cross Skilak Lake. George stated that the handout provided to the Board was just a draft of the proposal. He wanted the Board kept in the loop on this issue, He hoped that, when the 'issue is brought up to the BOF, the Board could be supportive of the efforts to curtail this kind of use. This would not affect the traditional use of the homeowners along this section fros~ motoring up to the lake to fish. Tom Vania warned the Board that there are over 300 proposals brought to the Board of Fish and wondered if the Board really wanted to take a position on this proposal. There are advisory committees that are more geared towards tackling these proposals. He thought that it would be more appropriate to modify the existing DNR regulation. V. ACTION ITLMS A. Collaborative Letter addressing the Hydrocarbon Issue - Shuey Curt provided a synopsis of where the letter came from. After reading the by-laws, one sentence states each board member carries the responsibility to represent the broad public interest and no member shall consider himself/herself merely an advocate of a specific group. Curt discussed the three common ways that people approach making a decision. • In an authoritarian. mindset , • In a power struggle mode • In a consultafive mode After submitting the letter to the Board, there was concern that it was aimed towards agencies and interest groups in the community. Some felt that offense might be taken. It was suggested that the letter be addressed to the community as a whole. There were also concen~s that this clause in the bylaws does not apply to appointed members. Kenai L2iver Hpecial Management Arse Advisory Board Minutes -Marcie 8, 2U0T Page 6 of 8 245 After significant re-writing of the letter, Curt felt that there are still board members who are uncomfortable with the idea of the letter. Curt felt that the letter should not go out to the community unless there is a complete buy-in from the Board. He requested that the letter be shelved. He suggested that, in its place, a Board Development Committee be created which would focus on the board itself urith an aim toward reviewing and refining the bylaws if needed, developing procedures that bring about a more unified way of reaching our decisions and provide annual training for members particularly when new members come on. Discussion followed. Dick Hahn thought that this community is grawing so rapidly that it is important for the community to know that this board exists, especially with the hydrocarbon remediation issue. The community needs to understand what the board is about and why we are important to the community. Tt is working for the greater good of the communit~~ and also how valuable this river is to everyone here, not just people who live along the river. He thought that the message in the letter is incredibly important. He was sorry to hear Curt say that he wanted to shelve it. Curt .said that he still agrees with the letter, but thinks that it should be strongly and fully supported by the Board before it is released. He felt that forming a Board Development Committee right away would be a good idea, instead of waiting until next fall. Ken liked the idea of training for new members and a review for everyone on the bylaws. He suggested the Board host a community meeting. VY, PUBLIC COMMENT Na Public Comment VII. ADJOURNMENT A. Board Comments Tim Stevens handed out a report by Oasis Environmental which contains figures that were promised to the Board back in September on the volume of total aromaiic hydrocarbons dissolving in the lower Kenai River on a daily basis in July. Tim recommended the Board members bring their questions to him. Seam River Special Maaagemeat Area Advisory Hoard Mirentes -March 8, 2007 Page 2 of 8 X46 Dick .Hahn stated that he has the perception that there is no urgency in remediation of the river. He asked Tim to camrnent on this. Tim said that the Commissioners of the three agencies are still wrestling with the issue on hov<~ to best approach it. He expected a decision soon. Joe said that the last guide academy for the year would start April 30 through May 4. That will put the total graduates to approximately 135. This is only a third of the enure guide fleet. There are seven academies scheduled for next year. Ken suggested a press release to that effect would possibly help with the image. of the guide industry. Jim commented on the flow chart. He commended DEC on their efforts. The agencies are cooperating, but the group that has not come together is the stakeholders group and the public input. He suggested that the Baard set an example by inviting the other user groups in when this process starts and come forward with the message that we are looking out for the river. Jack brought up the new newsletter "Eagle Watch" which was developed by DPOR and provided to the board members. This will be a monthly publication. S. Date/Agenda of Next Meeting Next meeting ~dll be May 10, 2007 at 5;30 p.m. at the Kenai River Center. ,.. Kenai River Special Maaagenreat Area Advisory Board Minutes -Mares 8, 20U7 Page 8 of 8 247 M4Y-0a-07 01 :Se PM ^HG9E 2623231 P-02 {3ffi W. Maryda3e Rxeuvx T~xdd 8yrtrmeon - pruulp,ai $~7G@m7i, RFC 9Bff88 RL Ficwexd - RiO1HAHI~1 PytacY~ tgq~, 2,8p.yGpp F'9i Nalclc[r- Atri4n[so frireQAi flu 83071 28'2.4288 Mike Lrrr.~e, .. aravaaea al:ecsor .... Saori: www. Fci .nk ,: Ispbsd~ ,.._.. afmNll ,.i i. ~' Vlia ~.~ Y,r~~~r, $li1 r'1.jt~. „ ~ ,. f ~_.. __.... h 5nheai Sq, 2©q7 ~oldotne High School track and fioid program has bs~:n ens cf the most ssfui athSatlo pr©grams In Alaska. The Siars have cr;~wned 70 individuaS champions with fiva~ currently holding state racores. As s team the S#ers three state,team ehampionsnlp5 ar7d have bean nt~rj~ca-up four times, lar~'to continue Nhis winning tradition, vre have sev~rra! ec{s,dpment ne8ds that be met. Pacer Gold 1MC Discus-5x288.00 Pacer Goid 1.6K DISCUS-o3g7.Ctn Gifl Stainless AK 5hr~t---•ffi136.00 Gill Stainless 121b. Shot-$ ~ 33. DO CobbVsstons~Singiets-$2,100 Dq Newton Blacks k 3--$777,gD :Gill Hurdles x 6C~~••d,770.00 your support, ( i ~ y ~.., Branaey,lr. s'.J Track & Field Coach Tax 113 # 92=Og3g923 mpt # ggqq32ED7 i I. .~ t~;: ~, ri` y ~: ti, . ~,. ..,,:; :~ ~~ '~, h i r ~ f ~1 ~~Y: ?, ~. rt ik a {~ . >.,'•! ~! «;' .~~,- ~'':7~s: ,, '. - 248 MAY-H4-H7 01:56 PM CHASE ~;~'~;; ~, •. a ~~ ~rr'~~1!• •~' ~ ~~ I~ ~~ ® 'gyn. ~ , 1F r!, r+•f R~ ~yr L . . t,r~ ' 1 '' ~,;::.: 2623231 P. H1 r ~' ~~ I v ..„, + / l~/~. _~ ,, i•• •~. l .. K ;~ J ` -~ ,j ~~ ,~ i,., ~ ~ (~' (, ~~ is '• .,•~.~ 'Y ' ~, ,. < ~, 2 ..fi... ~' ., . -._ • ~ ~ ~~N.. ... ~ ~ .- I,/ L 1'~ j ~ /~, % ~i l'':.'T.,i/ ~ Jf..,~ ~'.. ~'.;; 71'x./ L i r F / 249 Cf ~' ft I. ~~~ ~ ~ ~Gl1t" --__.. _. Ek A4ay 4, 2007 City of Kenai 2I0 Fidalgo Avenue Kenai, AK 99611 Dear Sir or Madam: Thank you for your gift of $2,500.00 on May 3, 2007 to the Alaska Meth Education Project Fund at T'he Alaska Community Foundation. Your gift supports the mission and ongoing efforts of the Foundation to promote personal philanthropy and create pernianent endowments to sustain, in perpetuity, quality of life resources important to all Alaskans. Sincerely, ~ 7 r Carol G. Simonetti President and. CEO No Qoods ar services >4~ere provided in return for vour contribution. Please retain tlsis letter as a receipt {or vour records. Zt is documentation necesrar~r {or any {ederal income tax deduction or- this contribution. The Alaska Communih~ Foundation sax iaenitRcation number is 92-tI155067 ~„r ~,,, p . ~.... „^~ ?ogether' ~re rrea[e community. 250 301 W. NORTHcRN LIGHTS BLM., SUITE 40ft ANCHORAGE, ALASKA 99503 h: 907.334.6700 F. 907.334.5780 AGENDA ENAI CITY COUNCIL -REGULAR MEETING MAY 76, 2007 ~ ~- 7:00 P.M. KENAI CITY COUNCIL CHAMBERS m,,,y~~ NENOI,lIASNG http:/lwww.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (70 minutes) 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 14 to a Range 16. 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. 3. Ordinance No. 2229-2007 -- Increasing Estimated Revenues and Appropriations by $12,000 in the Senior Citizens Fund for 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 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 No. 2007.06 (as Substituted) -- Approving the Lease Form for Leases of Airport Reserve Propeny. a. Substitute Resolution No. 2007A6 -- Approving the Lease Form for Leases of Airpon 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. 70. Resolution No. 2007-25 -- Transferring $70,000 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 G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. 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. 4. `Ordinance No. 2235-2007 -- Increasing Estimated Revenues and Appropriations by $3,000 in the General Fund for Police Canine Purchase and Training. 5. *Ordinance No. 2236.2007 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2007 and Ending June 30, 2008. 6. Approval -- Library Out-of-State Fees. 7. Discussion -- Dip Net DocWBeach Parking Fee Discounts for City 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 -- Formation of Beautification Committee Subcommittee/Enhancement of Property Fronting Home Depot EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http:/lwww.ci.kenai.ak.us. Carol L Freas, City Clerk D /211