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2007-05-02 Council Packet
MAKE P CTS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: ~%/r~~ Mayor/Council Attorne Ta for/S rin er/Kebschull Clerk Cit Mana er bh o,=' Police De artment Finance En ineer Senior Center Air ort ~° Kim Library / Parks & Recreation Clarion Fire Department Schmidt s Mellish VIS.Ta Student Rep. ® KSRM AGENDA DISTRIBUTION Sewer Trentment Plant Streets Sho Dock Buildin Maintenance Animal 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 emniled as soon ns possible after Noon on pocket day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsu/a C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place them onto the city's website from there as soon as possible before leaving the office for the weekend. 0 -4 R a t e '~ ~ 6 O J W ~ Z w p ~ ~ O ¢ m m (n O J J J- W ~ w O ~ ~ ~ J 0 0 0 0 t~ o cn w ~ ~ m m °... 8 LL 0 (3 Z W w J U Z O U W W W O ~ ~ CL ~ ~ Cn ~ J F- O ¢ m J ~ m 0~~0000 ~(n W W~md G W Z ~ } ~ O¢~cmi~O}m Oc~J0000 G ~ w W ~ m ~ w zQ_ >¢~~~J~ >~0000 cnw~c~ma G ~" W W ~ O W Z ~p O W W ~ ~G O Q ~ (n (n J J J } l- W Li W ~ c~ ~ w ~ ~ m a ~ i~ O a LL Z w w J U z O U r ~ O m w ~ O w m ~ J ~ O Q p (n J } ~ t p ~ c4 w m ~ m n. l LL w 5 W Z p ~. ~c~n~~~m~ ;~ o 0 `~ m w J ldJ W (~ Z ~ p ~ ~ ~ J ~ O ~ 0 ~ w ~ p 0 0 ~ p ~ (f~ w C[ ~ m n. . i> m w ry OwZQ ~w~ W ~~~(nJJ1- S w0~~0000 p~tn W ~~md ~~~ ~G W Z ~ p .,g Oap~nO}~ O~J0000 '~ ~cnw¢~ma N ~d A cr w ~ w z p O w ~' ~ O Q ~ ~ J J r w O ~ p J (fI 0 0 ~ 0 W 0 ~ p ~ cn w m ~ m a \~`.. 0 ~Cy rn a .~ o Z F- W w J U Z O U i o w z o O} W w W S W W C!) 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R ~ x° ^I't lr„`~° a~f0' ,r ~%3 .,,~.. ° ~* ~~ ~-~ arm``'' ~~ ~~" ~ ~Iiivi ~.~k~ a -~ ~ `~ I {M~~ ~ w~~ Z ~~'w'~da r'°'TFt vM1w~'~" "~ ,~a/ki5,i .~'~,' ~ ~ R Lra .~ $v_w A ~ ~~=~'.'~s~~~ g ~:. t"~~'',„„~; "r~"xd~kd. ' j t ~„ Cry`'? 3' .~ t 9. ` ? ~-, ~~~'~:~ *~~s~~~y~~'~i'~~`~"~t~~`~r+~'~'r' t~; ~^ ~'"~'~`~ a7~~~~w i. ~'~eerwaean.,mamix krv >xtv+xx°vuw~r~ k, 1 1'+' ~oII'.C~DN;Fi~$13I~'y~' %r.r.'ya ~¢+, r~'r^ ' ~ iwry~ct C' „*~, '. ~~~~~~Y' ~; ~"Li 'f +Jy 7~ 4k #3t ~"a~ atAS ~'v~ o'rs` as'a'-~ ~ ~, •k }~ p)9 1 ~~~~ ~...jj,A+4jre ~l ,'~ ,i~*„~y~ ~;i,,,a Pi J~.w ~7Z^~- ~. ~~ ~~~., r~&~+5 ~~.'"~ ..t`,'Sa~4.. x'?bI#i7`ok'f:a. !) p G- ~L7 [,) _ `~ !./ ~{ (~ :~`ti „ - f ~ ~~:.. ~ ` ap ~~' i " a,~ '4 ~m +~ i 9 I~ ~`.~Y1<~vS~~W z :'~. ~ ~ ,3'x ~~ MAY 2, 2007 REGULAR COUNCIL MEETING REQUESTED BY: Requests for amendments to the agenda: ADD TO ITEM E-2: Ordinance No. 2226-2007 (Amending KMC 23.50.010/ Change of Range/Planner) -- Back-up information. CITY MANAGER SUBSTITUTE: Substitute Resolution No. 2007-20 -- Changes in the 'Now, Therefore' paragraph. CITY MANAGER/ FINANCE REMOVE: F-3, Notes of 4/18/07 Budget Work Session -- Correction anade in Item 3-a, amount to be added to Police Department budget. CITY CLERK CONSENT AGENDA None. Notes: Item E-3, Ordinance No. 2227-2007 -- After public hearing is held, administratiml requests action on the ordinance be postponed until the May 16, 2007 council meeting in order for the Airport Commission to review/discuss the ordinance (they meet on May 10, 2007). AGENDA KENAI CITY COUNCIL -REGULAR MEETING MAY 2, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Ca11 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be roufine 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 pa: t of the General Orders. YTEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Shelly Brennaman, Kenai Watershed Forum and Kaleidoscope Elementary School Representatives -- Creek Clean-Up, Adopt-a-Stream, and Storm Drain Stenciling.. ................................... . 2. Josselyn Burke, Kenai Watershed Forum -- Kenai Shorebird Celebration and Workshop ................... ............................. STEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARYNGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2225-2007 -- Amending KMC 14.20.030 by Adding the Central Mixed Use Zone (CMU) to the List of Established Zones ............ 1 2. Ordinance No. 2226-2007 -- Amending KMC 23.50.010 by Changing the Range of the Planner (Class Code 11'7) From a Range 14 to a Range 16....... 3 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 ......................... 4 4. Ordinance No. 2228-200? -- 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 for Repair and Maintenance of the Congregate Housing Facility ........................ 6 5. Resolution No. 2007-06 (as Substituted) -- Approving the Lease Form for Leases of Airport Reserve Property.. (Clerk's Note: Resolution No. 2007-06 /as substituted) was postponed from the April 4, 2007 Council Meeting. The motion to approve Resolution No. 2007-06 is active.) ....................................................... 8 a. Substitute Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property ................................ 44 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-I S was postponed from the April 18; 2007 Council Meeting. The motion to approve Resolution No. 2007-18 is active.) ..... 77 7. Resolution No. 200?-20 -- Authorizing the City Manager and Finance Director to Designate Personnel Responsible for Banking Duties............ 79 8. Resolution No. 2007-21 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ice Resurfacing Machine ............... 80 9. Resolution No. 2001-22 -- 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 We11 Site ........................................... 88 10. Resolution No. 2007-23 -- Transferring $8,850 in the Water and Sewer Fund to Purchase Land From the State of Alaska ............................ 90 ITEM F: MINUTES 1. Regular Meeting of Apri14, 2007. (Clerk's Note: Approval of the April 4, 2007 minutes was postponed for administrative review. Technical amendments were made at Items E-6a and E- 7a. A motion for approval is required.) ................................ 91 2. *Regular Meeting of April 18, 2007 .................................. 109 3. *April 18, 2007 Budget Work Session Notes ........................... 125 ITEM G: UNFINISHED BUSINESS 1. Discussion -- Community Opinion Research Poll ...................... • 129 YTEM H: 1. Bills to be Ratified .............................................. I32 2. Approval of Purchase Orders Exceeding $15,000 ....................... 133 3. *Ordinance No. 2229-2007 -- Increasing Estimated Revenues and Appropriations by $12,000 in the Senior Citizens Fund for Operating Supplies. 134 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 ..................................... I35 5. *Ordsnance No. 2231-2007 -- Increasing Estimated Revenues and Appropriations by X20,000 in the Airport Fund for Paving Vehicle Parking .... 139 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 ....................... 141 7. *Ordinance No. 2233-2007 -- Increasing Estimated Revenues and Appropriatians by $25,000 in the Airport Fund for Construction and Paving a Cargo Pad ..................................................... 154 8. Approval -- Update/Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions ................. 156 9. Approval -- Council on Aging By-Law Amendments ..................... 159 10. Discussion -- Dip Net Dock/Beach Parking Fee Discounts for City Residents.. 165 11. Discussion -- Schedule Execufive Sessions/Annual Evaluations of City Manager, City Attorney and City Clerk .............................. . YTEM I: 1. Council on Aging 2. Airport Commission ............................................. 168 3. Harbor Commission ............................................. 4. Library Commission ............................................ . 5. Parks 8v Recreafion Commission ................................... 170 6. Planning & Zoning Commission .................................... 174 7. Miscellaneous Commissions and Committees a. Beautification Committee .:.................................... . b. Alaska Municipal League Report ................................ . c. Joint Kenai River Working Group ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager ...................:. ............................. 184 2. City Attorney ..................... ............................. 189 3. City Clerk ........................ ............................. %TEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDIPTG LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mixed Use Zone, Including Parcels Currently Zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential and is Generally Located North and South of the Kenai Spur Highway and Includes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. (4/4/2007, Tabled, no time certain.) EXECUTNE SESSION -- None Scheduled ITEM N: ADJOURNMENT INFORMATION ITEMS MAY 2, 2007 Page No. 1. 5/2/2007 Purchase Orders Between $2,500 and $15,000 for council review... 237 2. 4/24/07 Public Works Department, Project Status Report .................. 238 4/25/07 B. Molloy memorandum regarding Operating Budget 2008/Cable TV Coverage of Regular Council Meetings ................................ 240 MAY 2, 2007 'REGULAR COUNCIL MEETING REQUESTED BY: Requests for amendments to the a ends: ADD TO ITEM E-2: Ordinance No. 2226-2007 (Amending KMC 23.50.010/ Change of Range/Planner) -- Back-up information. CITY MANAGER SUBSTITUTE: Substitute Resolution No. 2007-20 -- Changes in the 'Now, Therefore' paragraph. CITY MANAGER/ FINANCE REMOVE: F-3, Notes of 4/18/07 Budget Work Session -- Correction made in Item 3-a, amount to be added to Police Departar~erit budget. CITY CLERK CONSENT AGENDA None. Notes: Item E-3, Ordinance No. 2227-2007 -- After public hearing is held, administration requests action on the ordinance be postponed until the May 16, 2007 council meeting in order for the Airport Conunission to review/discuss the ordinance (they meet on May 10, 2007). Suggested by: Planning and Zoning CITY OF KENAY ORDINANCE NO. 2225-2007 AAT ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.030 BY ADDING THE CENTRAL MIXED USE ZONE (CMU) TO THE LIST OF ESTABLISHED ZONES AND DELETING OUTDATED LANGUAGE REGARDING THE RURAL RESIDENTTAL ONE {RR-1), SUBURBAN RESIDENTIAL ONE (RS-1} AATD SUBURBAN RESIDENTIAL TWO (RS-2) ZONES. WHEREAS, Ordinance 2185-2006 established a Central Mixed L'se Zone (CMU}; and, WHEREAS, the provisions of that zone are set forth in KMC 14.20.125; and, WHEREAS, the Central Mixed Use Zone (CMU) needs to be added to the list of zones in KMC 14.20.030; and, WHEREAS, the listing of the Rural Residential One (RR-1), Suburban Residential One (RS-1} and Suburban Residential Two (RS-2} Zones contains outdated language describing them a one and two family residential zones instead of low density for the Rural Residential One Zone and as medium density for the Suburban One and Two Zones. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that F{MC 1420.030(a) is amended as follows: 14.20.030 Establishment of zones and official rnap. Conservation C Zone Rural Residential RR Zone Suburban Residential RS Zone Rural Residential [(ONE RR-1 Zone AND TWO-FAMILY)[ Suburban Residential [(ONE RS-1 Zone AND TWO-FAMILY)] Suburban Residential({ONE RS-2 Zone AND TWO FAMILY)1 Urban Residential RU Zone Central Commercial CC Zone General Commercial CG Zane Limited Gonunercial LC Zone Light Industrial IL Zone Heavy Indusu-iai IH Zone Recreational R Zone Townsite Historic TSH Zone Education Zone ED Zone Central Mixed Use GMU Zone Ordinance No. 2225-2007 Page 2 of 2 PASSET~ SY THE COUNCIL OF THE CITY OF KENAI, Ai,.SSK.9, this second day of May, 2007. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: April 1S, 2007 Adopted: May 2, 2007 Effective: June 2, 2007 2 Suggested by: City Manager CITY OF KENAY ORDINANCE NO. 2226-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.50.010 BY CHANGING THE RANGE OF THE PLANNER (CLASS CODE 117)FROM A RANGE 14 TO A RANGE 16. WHEREAS, KMC 23.40.010 contains the classification plan for City employees except the City Manager, City Clerk and City Attorney; and, WHEREAS, the classification plan lists the Piarmer (Class Code 117) as a Range 14; and, WHEREAS, because of the education, training, duties and responsibffities 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 BY THE COUNCIL OF THE CITY OF KEATAI, ALASKA, that KMC 23.50.010 is amended to change the range of city Planner {Class Cade 117) from a Range 14 to a Range i6. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May, 2007. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: April 18, 2007 Adopted: May 2, 2007 Effective: July 1, 2007 3 ~~~.~\ _Y~ E61P GGCy 0 f KENA~ SKA "I/c'lla9e wit~t a Past, Gity wit~t a F~sture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 ,III'1 1997 FROM: DATE: Rick Koch 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 Molloy's request for additional information regarding the above referenced subject. Attached please find the following: 1. New Position Request Form, Planning Department, 6 pages. 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 New Position Request Form Planning 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. Both 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 all 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 still relevant to the request follow: "The City of Kenai Planner is classified by Kenai Municipal Code 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 legal 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 all City departments, other agencies, and the public. This position, within the City of Kenai, is unique in that the Planner is not exempt from the Fair Labor 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 attend those meetings. In addition to these scheduled meetings, other meetings are required for 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. New Position Request Form Planning Department Page 2 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 for Planning Director/Administrator; although, the AML study has classified Kenai's position as a "Planner." In addition, the City of Kenai Planner administers the City's Geographic Information System {GIS). The salary study was reviewed using average hourly wage listed and then an average for the group was determined. (See attached spreadsheet.) The average salary for the communities listed for 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 per 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. Exempt 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." Attached is a copy of Mr. Graves' email outlining his research and how he arrived at that cohclusion. It appears that Attorney Graves may have failed to review the exemption for administrative employees and instead reviewed the criteria for professional and executive positions. New Position Request Form Planning Department Page 3 With the assistance of Robin Feltman, I researched the Fair Labor Standards Act (ELBA) and would argue that the City of Kenai Planner qualifies as an exempt position. Under the act, there are tests that must be met to determine if a position is exempt under the act. The following is an overview of the FLSA (taken from the U.S. Department of Labor web site) as it relates to the City of Kenai Planner: - "Whether any particular employee is exempt (not entitled to the minimum wage and overtime pay protections of the FLSA) is based on whether the employee's compensation and specific job duties meet all the requirements of regulations for the particular exemption claimed." - The U.S. Department of Labor in the Occupation Index defines Urban Planner: o "Promotes the best use of a community's land and resources for residential, commercial, institution, and recreational purposes; may be involved in various other activities, including making decisions relating to establishing alternative public transportation systems, developing resources, and protecting ecologically sensitive regions. For assistance in determining whether an employee performing these or similar duties meets the duties tests for exemption from the FLSA's minimum wage and overtime pay requirements, begin with the Administrative Employee section." - Fact Sheet #17C: Exemption for Administrative Employees Under the Fair Labor Standards Act (FLSA): o "Administrative Exemption: o To qualify for the administrative employee exemption, all of the following tests must be met: The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $55 per week; The employee's primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers; and The employee's primary duty includes the exercise of discretion and independent judgment with respect to matters of significance." (Fact Sheet #17C explains in detail each part of the test. A copy of Fact Sheet 17C is attached.) The City of Kenai Planner meets the administrative exemption tests noted above. New Position Request Form Planning Department Page 4 Last year I provided information received from Sherry Hobbs with the City of Homer who had completed a salary study for the City of Homer. She noted that during her study, six communities considered planners as exempt including Homer, Seward, and the Kenai Peninsula Borough. For clarification during this year's review, I spoke with Richard Campbell of Kenai Peninsula Borough Human Resources Department. Mr. Campbell advised that the Kenai Peninsula Borough classifies 9 positions in their Planning Department as exempt from the Fair Labor Standards Act. Conclusion: 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 the 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 City 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. In addition, consideration to amending KMC 23.10.030 (b) to include the Planner as an exempt employee should be considered. It is recognized that current exempt employees identified by code are limited to department heads. This is not a requirement of the exemption and it appears that the City could identify additional positions whose job responsibilities require work outside the normal workday that should be exempt from overtime requirements. Adding the Planner to the exempt status would eliminate the issue of overtime/comp time and would place this position in line with other positions classified similarly. As the functions and responsibilities of the Planner continue to increase, the Planner is required to work added hours outside of the normal workday. It is time for the City to recognize these increased duties and increase the range of the position and exempt the position commensurate with the Planner's administrative and supervisory responsibilities. These proposed changes are suggested as an alternative to continuing the current compensatory time/overtime situation while recognizing the job duties required of the Planner in the City of Kenai. New Position Request Form Planning Department Recommendation: Page 5 The Planner's job duties and responsibilities, the AML Salary Study and the Fair Labor Standards Act, support justification for 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 to a 16c. v Alaska IVlunici al Sala & Benefits Surve FY 2007 Planner Average wage Anchora e Sr. Planner $35.17 Anchora e Sr. Planner $37.68 Fairbanks No. Star Borou h Planner II $26.22 Matanuska-Susitna Borou h Planner 1 $29.33 Matanuska-Susitna Borou h Planner II $25.22 Kenai Peninsula Borou h Planner $24.47 Ketchikan Gatewa Borou h Princi al Planner $30.23 Wasilla Planner $37.88 Kenai Planner $26.90 Valdez Planner $25.44 Unalaska Plannin Director $39.66 Petersbur Communit Develo ment Director $30,63 Seward Planner $23.92 Dillin ham Planner-DirlAdmin $25.38 Cordova Planner $23.45 Lake & Peninsula Borou h Economic Development Coordinator $32.69 Crai Planner $18.86 Avera a $29.01 Planning Director/Administrator Average wage Fairbanks No. Star Borou h Plannin Director/Administrator $42.79 Matanuska-Susitna Borou h Plannin 8 Land Use Director $41.25 Kenai Peninsula Borou h Plannin Director $36.75 Juneau Communit Develo ment Director $47,68 Sitka Plannin Director $37,84 Wasilla Recreation & Cultural Services M c $37,94 Palmer Communit DevelopmenfCoordinator $25.47 Homer Cit Planner $32.71 Valdez Communit Develo ment Director $38,25 Unalaska Plannin Technician $26,31 Seward Communit Development Director $28.72 Wran ell. Economic Dev,/Planner $27.67 Lake & Peninsula Borou h Communit Development Coordinator $34,65 Bristol Ba Borou h Plannin SpecialisUGrant Writer $30.51 Avera a $34.90 Removed - Don't ap ear to be similar ositions: Palmer Plannin Tech & Code Com liance Off. $17.88 Homer Plannin Tech I/GIS $20.26 Homer Plannin Tech 1/Code Compliance $21,20 Denali Borou h Land Use Technician $16.80 Chefornak Land Planner $15.00 Coffman Cove Pro ects Mana er $16.00 ~~~~- CITY OF KENAI PLANNING & ZONING DEPARTMENT JOB DESCRIPTION TITLE: PLANNER RANGE: 14 NORMAL HOURS/WK: 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: • Develop planning and zoning policy recommendations 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 for 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. U Planner Page 2 Job Description • Receive and process preliminary plats for Commission review and recommendations to Kenai Peninsula Borough. • Maintain plat 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 applications, reviewing and selecting applicants for interview, 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 Soldotna Planning Departments. • Economic Development District (building permits and zoning issued. • State of Alaska, Office of History and Archaeology. Assist Public Works Manager with engineering duties: • Assist with organization of maps, blueprints, and documents. • Assist with general department organization. I-~$, ..- 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. • Schedule 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 Plan. 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 City 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. ,~~ _ Planner Page 4 Job Description Responsible for Geographic Information System (GIS) for the City of Kenai: • Update databases with City and Kenai Peninsula Borough 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. QUALIFICATIONS: • 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, interpreting 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. 1 ~~ ~, 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 functions. EDUCATION AND EXPERIENCE; 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 formal 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. Suggested by: Councilor Ross CITY OF KENAS ORDINANCE PdO. 2227-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASISA, AMENDING KMC 21.10.080 BI' 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 TN THE BEST INTEREST OF THE CITY. WHEREAS, KMC 21.10 does not allow a lessee to negotiate the contractual right of a lease renewal; and, WHEREAS, failure to allow for a contractual right to a lease renewal may discourage some investments on airport reserve property; and, ~JrIEREAS, alloc~ring ttie City Council t11e 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 ORDASNED BY THE COUNCIL OF THE CITY OF KENA1, ALASKA., that KMC 21.10.080 is amended as shown below: 21.P0.080 Lease arnendrnent or renewal. j ij An application submitted by an exdsting tenant for an amendment, term extension, or renewal of the tenants lease shall be subject to the requirements and procedtu-es 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 fo an application that does not include a proposal to add, delete, or alter a business authorized under the lease; (cj The appraisal deposit under KMC 21.10.050{a){2)(ij shall not be required for an application for a lease amendment that, if approved, will not alter the size or value of the prerises; and (d) The deposits under KMC 21.10.050(a)(2}(i) and (ii} shall not be required for 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 fhe City Manager determines the City will not incur any engineering, surveying or consulting costs. 4 Ordinance No. 2227-2007 Page 2 of 2 Ili Notwithstanding subsection :080(11 above, the Council may 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 ciiv. PASSED BY THE COUNCIL OF THE C?TY OF KENAI, ALASKA, this second day of May, 2007. PAT PORTER, MAYOR ATTEST: Carat L. Freas, City Clerk Introduced: Aprll 18, 2007 Adopted: May 2, 2007 Effective: June 2, 2607 5 Suggested by: Finance Director CLTY OF KEIVAI ORDINANCE NO. 2228-2007 AN ORDINANCE OF THE COUNCIL OF THE CPI`Y OF KENAI, ALASKA, AMEATDING 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 OFA 550D,OOU RESTRICTED CASH RESERVE FOR REPAIR AND MAINTENANCE OF THE CONGREGATE HOUSING FACILITY. WHEREAS, Ordinance No. 1505-92 established the Congregate Housing Fund which included a repair and replacement reserve to provide funding for future repair and maintenance of the Congregate I-Iousing Facffity; and, WHEREAS, the intent of the repair and replacement reserve was to maintain a 5500,000 repair and replacement reserve while providing for transfer of excess reserve funds to the city's general fund; and, WHEREAS, changes in governmental accounting practices and terminology require amendment of 7.32.020 and 030 to reflect new accounting practices; and, WHEREAS, it is in the best interest of the city to repeal and replace the existing Language in KMC 7.32.020 and 030. NOW, THEREFORE, BE PI' ORDAINED BY THE COUNCIL OF THE CITY OF I~NAI, ALASKA, that KMC 7.32.20 and 030 are amended as follows. 7.32.020 Repair anct reLaPaeerctent reserve. [TI-IERE SHALL BE ESTABLISHED A RESERVED RETAINED EARNINGS ACCOUNT WHICH SEGREGATES EQUITY FOR SIGNIFICANT REPAIRS, RENEWALS, AND REPLACEMENTS OF ASSETS OF THE FUND. THE ANNUAL DEPOSIT FNTO THE RESERVE ACCOUNT SHALL BE THE SUM OF {A) AND (B) BELOW: (Aj THE GREATER OF (1) OR (2) BELOW: (i) THE FIRST FIFTY THOUSAND DOLLARS ($50,000.00) OF ANNUAL OPERATING INCOME, AFTER INCREASING FINANCIAL STATEMENT OPERATING INCOME BY DEPRECIATION ON ASSETS FINANCED BY GRfvNTS EXTERNALLY RESTRICTED FOR CAPITAL ACQUISITIONS. (2) ONE-HALF OF ANNUAL OPERATING INCOME, AFTER INCREASING FINANCIAL STATEMENT OPERATING INCOME BY DEPRECIATION ON ASSETS FINANCED BY GRANTS EXTERNALLY RESTRICTED FOR CAPITAL ACQUISITIONS. (B} INTEREST REVENUE EARNED BY THE FUND BASED UPON A REASONABLE METHOD OF ALLOCATION. {C) NO ADDl'IION TO THE RESERVE ACCOUNT, INDIVIDUALLY OR CUMULATNELY, SHALL CREATE A DEFICIT IN UNRESERVED RETAINED 6 -0rdinance No. 2228-2007 Page 2 of 2 EARNINGS. IT MAY BE NECESSARY TO REDUCE THE RESERVE ACCOUNT TO ELIMINATE A DEFICIT IN UNRESERVED RETAINED EARNINGS. (D) THE GOAL OF THE CITY IS TO CONTINUE SUCH ANNUAL RESERVE ACCOUNT DEPOSITS TO OBTAIN AND MAINTAIN A BALANCE OF FNE HUNDRED THOUSAND DOLLARS ($SOO,000.Opj IN THE RESERVE ACCOUNT. (E) RESERVED EQUITY MAY ONLY BE SPENT FOR PURPOSES THAT ARE DETERMINED BY THE CITY COUNCIL TO BE SIGNIFICANT REPAIRS, RENEWALS; OR REPLACEMENTS TO THE FIXED ASSETS OF THE FUND. ANY SUCH APPROPRIATIONS SHALL BE MADE BY ORDINANCE.] There shall be established a restricted cash balance of $500 D00 within the Congregate Housing Fund the purpose of which is to provide funding, for maior repairs renewals or replacements of fixed assets of the senior citizen residenfial housing complex. ?.s~.C63Q ~ranxsffer tex ~sesaeaal T`unel. [THERE SHALL BE AN ANNUAL OPERATING TRANSFER FROM THE CONGREGATE HOUSING FUND TO THE GENERAL FUND IN THE AMOUNT OF {A) MINUS {B) $ELOW: (AJ INCOME BEFORE OPERATING TRANSFERS, AFTER TNCREASING SUCH FINANCIAL STATEMENT INCOME BY DEPRECIATION ON ASSETS FINANCED BY GRANTS EXTERNALLY RESTRICTED FOR CAPITAL ACQUISITIONS, (BJ THE ANNUAL RESERVE DEPOSIT REQUIRED BY I{MC 7.32.020 ABOVE. (C) NO ANNUAL OPERATING TRANSFER SHALL CREATE A DEFICIT IN UNRESERVED RETAINED EARNINGS.] If the cash balance. including restricted cash, plus accounts receivable in the Congregate Housing Fund less liabilities exceeds $500.000. the excess shall be transferred to the General Fund. If the restricted cash balance falls below $500,000 the account will be replenished from the unrestricted cash balance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of May, 2067. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 18, 2007 Adopted: May 4, 2607 Effecfive: June 4, 2007 7 Suggested by: Administration CITY OF gENP~I RESOLUTION NQ3. 2007-06 A RESOLUTION OF THE COUNCIL Or' 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 propert}~ withuz the Cit} 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 plannnzg process the Airport Reserve was created; and, WHEREAS, the procedures for the leasing of airport reserve lands is contained in KMC 2L10; anfl, WHEREAS, KMC 2L10.150(a)(3) states the airport reserve Lease form should be approved by the city comzcil by resolution. NO~X~, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA, that the airport reserve lease form as shaven an Attachment A is hereby approved by the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 8 ~~~ ~'- '=- ~~ ~ ~~ (1rc city o f ,/~ KENaf~ ASICR „~` f~a~e wit~i a rash; Gc~r ujit~i a ~i~t~~e„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 !Fax: (907) 283-3014 www.cr,kenai.ak.us MElYIC~RAl`~D~UlWI TO: Mayor Porter and the Kenai City Council FROM:(,t~'.°G Cary R. Graves, City Attorney DATE: March I5, 2007 RE: KEGS Airport Lease Comments On Mazch 5, 2007, Rick Koch, Larry Semmens. Rebecca. Chroxtt:.ite and I met with Rick Baldwin and .iason Carroll regarding comments the KEDS group had. on the proposed airport leases (both in the reserve and outside of it). Their comments were very helpful and we appreciate the time they took to review and oomment on the ]ease forms. Some of the suggestions have been adopted and are contained in the subststution 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 ICEDS comments so you could be familiar with them. 1. Comments and Changes to the Non-Airport Reserve Land Lease Form {Resolution No. 2007-OS). A. The word "natural" was added before material in Paragraph DS 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. 18 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 comment was that the clause created a `'negative salvage value'' in the buildings (i.e, an additional business cost in removing the buildings). They thought that additional costwould be a disincentive for business owners to invest in leased property. C. Parrt of the first sentence of Paragraph D. 31(a) was deleted. That sentence (invited the lessee from 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 city- property. Under the old }anguage an owner of a building on city leased land could not mortgage the premises to use the capital 9 for a different use.. L`nder that provision a lessee couldn't mortgage the building and leasehold interest to acquire capital to start a different business or to pay for catastrophic medical expenses. 2. Comments and Changes to the Airport Reserve Land Lease Form (Resolution No. 2007- 06). A. The KEDS representatives had a concern that Article II (a)(2) would limit seasonal businesses at the airport because it required businesses to operate "uninten-upted by any period of closure over 15 consecutive days or 30 aggregate days within any I2-month period." The administration thought Che phrase in the first sentence qualifying Chat requirement by stating, "Unless the City approves otherwise in writing" adequately provided for situations where the city could consent in waiting 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 BEDS 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 KEDS representatives thought the limitation of storage of "salvage aircrafC" within the airport reserve might limit business opporCUnities at the airport. That phrase was rat 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. Zn Article II (c)(5) the word "natural" was added before material as a limitation on what could be removed from the leased premises. The change was recommended by the KEDs representatives. E. A concern was expressed abort the penalty provision in Article FV (f). That section imposes a late payment penalty of l0%. The penalty provision was left in because it is required in the City Code. F. The phrase "or in the case of a tease renewal or extension the beginning date of the original lease" was added to 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 reauasted 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 wouid limit marCgaging of the leased premises to situations where the money would be used on the premises. A similar requirement was removed from ehe non-airport reserve lease form also. The requirement was thought to impose a imitation on use of capital that could discourage business development at the airparC. H. Language was added to clarify the indemnification language of Article X(a) (I). The added language provides that the indemnification requirement must be "resulting from or arising out of any acts of commissson ar omission by the Lessee, his/her agents, employees, customers, invitees arising out of the Lessee's 10 occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. I. The I{EDS representatives had some concerns over the $1,000,000.00 commercial automobile coverage requirement in Article X(b)(2}. The administration. felt that requirement was reasonable and did not change it. .I. The KEDS representarives 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 adminishation 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 arbitrar}~ increases in the insurance requirements. K. Paragraph XII(c)(2) was removed. 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 ]ease term. L. In Article XIV{b)(1') the term "appraised value" was subsfituted for "aggregate cost" in determining the value of improvements on the. property. The KEDS representatives thought allowances should be made for a lessee making his owm improvements rather than contracting it out. In that situation the "appraised value" of the improvement would be higher that the "aggregate cost." The administration agreed that the better measurement was "appraised value." M. In Article XIV (b) the exclusion of financing costs was removed at the request of the KEDS representatives because that is a real cost of construction. It also was not needed once the term "aggregate cost" was changed. to "appraised value." N. Article XIV (e) was deleted and replaced with amended language taken from Paragraph D. l 8 of the non-airport reserve lease form. The change was made because of the KEDS representatives concem that the "negative salvage value" of requiring lessees to remove building from the property at the end of the ]ease term would deter investment on airport property. 0. There was also concern regarding the lease extension provision in KMC 21.10.090(d)(2). That section allows a lessee to apply for a lease extension of one year per $25,000 of additional investment. There was a concern. that, for example, a $100,000 investment could not be amortized over the allowed four- year extension. However, the investment could also be amortized over the remaining lease 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 sight to purchase non-airport reserve property at fair market value after completion of the required development. 11 These comments ara taken fram my notes of the March Ss' meeting. It is certainly possible that some comments or concerns did not get recarded in my notes. We encouraged Rick Baldwin and 3ason Carroll to attend the April 4t~' meeting to speak to the council about their concerazs. Please Iet me Imow if you have any comments, suggestions or questions. 12 I{ENAI MIJNICIPAL AIRPORT LEASE Or AIRPORT RESERVE LANDS THIS LEASE AGREEMENT entered in o th9 day of , 200_, by and between the CITY OP K'ENAI, ("City") 21 Fidal 'o Avanue, Kenai, Alaska 99611-7794, and individually, whose addre ~s is _ ("Lessee"). Por the puzposes of this Lease the'fallowin term care define as ollows: L Airport -the Kenai Municipal Aizpo , in Audi a all the w s, taxiways, aprons, water lanes, water taxiways, and all City-owned real stt e o ted withi the aundaries of the Airport Reserae as defined in ICMC 21..05.010-020. <f 2. Airport Manager -the official t hom the ' y £anagar of the City has delegated the authazity and responsibility of managi an directing e ti.eities of the Airport. "Airport Manager" includes Chat person's authoxi d re esentativ . 3. City -the City of Kenai, Alaska, a 4. City Manager -the official responsibility of managing and diz 5. Contamination -the 6. Environmental Law -any ordinance, code, permit, ozder, df environmental matters, including 1 unicip c poration of Alaska. the 'e a' Cr. Coundil has delegated the activzies of the ity. Hazardous Substance. 1, stat o local statute, law, regulation, of any ~rnmental entity relating to 7. FAA -the S. Hazardane Substance - nyh hazardous waste, Hazardous Sub~ta petroleum, petroleum product, or o' '~. KMC -the abbreviation for 10. Permanent Improvement - a fixed LLrASE OF AIRPORT LANDS Page 1 of 31 that d„ fined under an Environmental Law as ~dous to :al, toxic, pollutant, contaminant, Code. to land that is nat Cemporary or ..,~y. Lessee: 13 portable, inoluding a building, building addition, gravel fiII, paving, retaining wall, storage tank, and well. a. PREMISES: In consideration of Lesse the covenants oi' this Lease, the City leases to ' the following described propetrty ("Premises") District, State of Alaska and located on the Ai: b. NO VdARRANTY: Except as may p1u warranties, expressed or implied, concemin the soils, wetlands, access, and suitability or p ofitat this Lease, its environmental condition, or t pn on, and under the surface. The Lessee takes th warranty, subject to any and all of the. covenants.. to the Premises. a. AUTHORIZED USES 1. USE OF I following pwposes only: City nt of the rents and performance of all te, and the Lessee leases from the City, ~e ai Recording District, Third .iudicial. r It. d in is ease, the City makes no specific ii.tion o: th remises including, survey, for any u ~ i lading those authorized by ;e or absen . o' azardous Substances in, is on an "a 's' axis and without is, u ~ conditio Faffecting the City's title to use the Premises far the 2. CONTIIv~LTOUS the Lessee will operate its busi: period of closure over 15 consecutive' the term of this lease. The Lessee will business on the Fremises for more than the closure and the date on w ch e L apply to any period during w~ or directive of Cha City, or as on the Premises due m fire or b. RIGPITS RESERVED TO RIGHT TO GRANT any rights and privileges not specifically ~ and privileges granted to the Lessee in this LI;ASP OF Page 2 of 37 ;. ss t ' "~P~ approves otherwise in writing, on .t c tinuous basis, uninterrupted by any ;reg e ~ ys within any I2-month period of writte tice before closing the Lessee's e days. The notice must state the reason for -op for business. This provision does not to erate its business as a result of an act `the " ort or loss of the Lessee's buildings The City reserves the iaght to grant to others he Lessee on an exclusive basis. The rights e~the only rights anal privileges granted to the City:. Lessee: 14 Lessee by this Lease. 2. EASEMENTS: The City reserves the right eo make grants to Chird parties or reserve to the Crty easements or rights of way thr ugh, on, or above the Premises, The City will not grant or reserve any easement or right of way th t unreasonably interferes with the Lessee's authorized uses at' the Premises. 1 3. INGRESS, EGRESS AND TNS1n to and egress from Che 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 the The City reserves the right of ingress part of the Premises, including sting at any time. Except in the case Il be coordinated with the Lessee ~of e Premises. 4. RIGHT OF FLIGH'T': Ther is I assigns, for the use andbeneflt of the public, airspace above the surface of the Premises. T cause in the airspace any noise inherent. in the c flight through the airspace ar landing at,_takirg ed 'o t e City, its successors and tfor e •ssage of aircraft in the .t of flit. t ,ill include the right to my aircra ,` sed for navigation or operation on the Airport. o. PROHIBITED USES Unless specifically authorized by this prohibited: this ,Lease, the following are 1. Any use of 2. Any use of Airport regulation. 3. The outside std parts, nan-operational. support solid waste or debris. 4. The by ehe Lessee,incl waste. 5. The strippir Premises without the prior 6. Erecting structu constitute an obstruction to air L>rass aF Page 3 of 31 in this Lease. in vi~rlatlpn of a City Ordinance or an salvage aircraft or vehicle ;d equipment or material., or of waste materials generated overburden, and construction nog any nafarral material from the of the City. growth of natural obiects that would allowing any activity on the Premises that h t Cliy: Lessee: 15 would. interfere with or be a hazard to the flight of aircraft, ar interfere with air navigation or communication facilities, serving the Airport. Any use or activity that is by applicable law or regulation.. TERM & a. TERM; The term of this Lease is for to the _day of , 200_ the _ day of , 200_ b. HOLDOVER: If the Lessee holds o er`~ the expiration, cancellation or termination. 'this extension of the term. of this Lease, but onl creel rent payments aocepted by the City. The Le ee'~ will continua during the .month-to-month. ten y Lessee's holdover with ten (10} days' advance ua in ossession of the Premises after the o1 ~ng over will not operate as an anth-t m .Ch tenancy, regardless of any :ions for e rmance under this Lease city or Le ee , ay terminate the AND a. RENT: The rent for the Premises City pursuant KMC 2110.100 and as sul applicable sales tax. The rent shall be pa the term of this Lease. Ali paymen req annual. rent exceeds $2,400, the Le see rent in equal. monthly installments payal term of dais Lease and thereafter t mot}T from annual. to monthly shall resul n t' had the conversion not taken place. er year, as established by the nent u de Article V of this Lease, plus in adva rof the first day of each year of ,e e must , e made in U.S. dollars. If the ten n lice to the City, choose to pay the on r b ore the anniversary dale of the No v rsion of the payment schedule ~ 1 °ss rent than it would have received b. RENT PRORATED: Rental for basis of ehe rent payable unde t a'~ Leas c. ADDITIONAL REN~In t~ddifY~rn to agrees to pay to the appropriat pa to al ev (1J Taxes pertaining to (2) Sales tax now enfc monthly installments whether the basis: LEASE OF Page 4 of 31 tat~ne (1) year shall be prorated on the previous to the prorating. tin (a} of this At~iele, Lessee and charges as follows: the Lessee. future, computed upon rent payable in lerthis Lease on a monthly or annual c:ny: Lessee: 16 (3) All taxes and assessments levied in the future by the City, as if Lessee was the legal owner of record of the Premises. d. PAYMENTS: The Lessee shall make eh a ,bank drafts, or pasta] money orders payable to the City of Kenai and deliver payme 's to ity of Kenai„ Finance Department, 2'10 Fidalgo Avenue, Kenai, Alaska 99611-7744 or ny oth:`r address the City may designate in r writing to Che Lessee. e. INTEREST: Beginning the da}~ after pay e, all unpaid rents, charges, and fees required under this Lease will accrue interes' t the ate et ht percent (S.0%) per annum. Interest on disputed amounts will not be ch~ ge to the Le see 'f the dispute is resolved in the Lessee's favor. f. LATE PAYMENT PENALTY: In a~ this Article, each time the Lessee fails to pay the City will charge, and the Lessee shall pay, of the amount due and unpaid. , tore p~vable under Provision (ej of by the at .required in this Lease, ive pena of ten percent (I0.0%} g. COURTESY BILLINGS: Less e ac'l~ City is ptrovided only as a courtesy. The' oss regardless of whether or not the Lessee re iv' h. LLEN AGAII~TST LESSEE: Any rent, and unpaid at Che expiration, fermi on, or c Lessee's property, real or personal i. PAYMENT OF CiTY'S OST costs, and attorney fees City may i ur, wt protect this Lease or City's rights un t '~ to environmental compliance, bank~:unt c the Premises, or improvements or person payment within 30 days of th da of each provision. PAYMENT FOR S fee for any special. not otherwise oblig the City in writing. LEASE OF r'tIl2PORT Page 5 ai' 31 any billing statement issued by the :q pay a1.1 rents and fees when due, nt from the City. or oft t€i consideration which is due tf this Lease will be a lien against the gill"1Lreasonableactua7 expenses, fo al action, to enforce, defend, or t 'n any expense incurred with respect di a at involves the Lessee, the Lease, the remises. The Lessee will make pity of any amounts payable under this essee agrees to pay the City a reasonable s t y agrees to perform, which the City is to pr ' e and which the Lessee requests from. env: Lessee: 17 ARTICLE V ADJi7S'PMENT OF RENT AND FEES a. RENT OR FEE ADJUSTMENT: Beginn' rg in 2007 and, thereafter, at intervals of appraximately five (5} years, the City shall, in its e discretion, adjust the rent or a fee payable by the Lessee under Article IV or other provisia oft 's lease. The amount to which tine City increases or decreases any renC or fee shall be e ta61tsh °d in accordance with KMC 21.10.100 and 21.10.160. Any rent change by the City sl alI be red on the fair market value of: 1. The Premises in its condition on the case of a lease renewal nr exten ' plus 2. Any improvements made b the not reimbursed by the Lessee. No rent or fee change shall. be effb written notice to the Lessee. If the Lessee market rent for Che Premises, th ssee rr KMC 21.10.160. b. CITY-CONSTRUCTED IMPRO or in connection with, the Premises shall of establishing the rent under (a) of this , reimburses the City for the City's c~stn a. INVALID WITHOUT CITY a security inter-est in, by grant or imp or any improvement on the Premises assignment, sublease, or recur ty E bearing the original, notarize signat documents for the City's con eptu document may nat be construe as k interest. All provisions in this ~ se Lessee. b. NO urAIVER OF CONSEN~'i': security interest will not waive the req~ other assignment, sublease, or security Pagn 6 of 31 date stated in Article IIZ ar in date, the cast of which is 30 days arthe date of the City"s hat any changed rent exceeds the fair the rent change to the City under ve ents constructed by the City on, a art f the Premises for the purpose ;e, ~ ondition of this lease, nt to C 21.10.110. Vt SE 'Z': The ee may not assign, sublet, or grant io , th whole or n part of this Lease, the Premises, h ut the wr` ten co -^ent of the City. Any proposed t m t ritt and must be submitted to the City of all a 'e T"h Lessee may submit, unsigned draft w. H e ri City's conceptual approval of a draft rt scans nt ariy assignment, sublease, or security Arid and d , e assignees and sublessees of the LANDS >ent to one assignment, sublease, or Lessee to obtain the City's consent to any Lessen: 18 c. ASSIGNEE/LESSEE OBLIGATIONS: An assignment must include apravision stating that the assignee accepts responsibility far ail of the assignor's {Lessee's) obligations under- this Lease, including environmental liability and resp s~bility. However, unless the City specifically releases the Lessee in writing, the Ci y ay hold the Lessee responsiblefor performing any obligation under this lease whic an ~ signee fails to perform. d. OCCUPANCY BEFORE CITY the Premises before the City consents to the assignee or sublessee may not occupy n~ sublease in writing. e. CONFLICT OF PROVISIONS: In assignment or a sublease, the terms of this f. LESSEE NOT RELIEVED OF does not relieve ar otherwise alter the I beeween this Lease and an The~iC}>\s consent to any subleause g. SECURITY ASSIGNMENTS AN'D 1. Subject to the requiremeh~of (a} of security interest in this Lease [ FINANCLNG OR REFINANCI. PREMISES, AND FOR NO OTH form of a mrntgage, deed of trust, ;]e VI, the Lessee may assign a O'F IlVTERlM OR PERMANENT IMPROVEMENTS ON THE he ecurity interest maybe in the instrument, provided A. the security B. the security the Premises; and C. the documents 2. If Che assignment of a seeu'~ty inter held by an established en g or fin nci~l insurance company a d quali d pens n institution acquires x Z,es e's terest i other remedy of the sec re ' +, r throe through settlement of oz 'isi ~ o t o any the lending institution may -an er'ts to owned substdia~•y corporation iC th . p 'c transferee assumes all of the co n is • m Lessee (including payment of any o ' s Pale 7 of 31 leasehold interest; to o~cr~te any interest in City's title to are acceptable to Che City. whi2~h the City has consented shall be tion, including a bank, an established Fit Pharing trust, and the lending a e as a result of a foreclosure action or y transfer in lieu of Foreclosure, or or contemplated foreclosure action., his Lease to a nominee or a wholly :ten consent ofthe City, pravided,the litions required to be performed by the by Lessee tc the City under the lease). In Ixssee. Z9 ih~e event of such a transfer, the lending institution shall be relieved o'f any further liability under this Lessee. 3. A holder of a security interest in 's Lease consented to by the City shall. have, and be subrogated to, any and all. rights o C Lessee with respect to the curing of any defauh~of this Lease by Lessee. 4. If, before any default has occur this Lease consented to by the City giv office address, the City shall thereafter A. by regular U.S. mail, se same time as the City gives notice Lease, the holder of a security interest in ~a written notice of the holder's post holder co~of each notice of default at Che t to the se ;and B. not accept any surrender o ent`r in any mod ica'on of this Lease without the prior written consent of the holder; ht h holder sh 1 n t unreasonably delay oz withhold.. r 5. The City will enter into w lease o the ~ remises with the holder of a security interest consented to by Che Cit if t e City to 'n es this Lease prior to its normal expiration. due to a default by the ess .The ne le e shall. be for the remainder of the term of this Lease and shall be effe ti a of the to i ti on of this Lease. The City's grant of the new lease shall be subje tc she ol;lawina eo itions: A. The new lease B. The new lease a`nall be t'~r the Lease; C. By no later than th tw n teth Lease, the security holder must b it a together with payment of ail rent, ditic under this Lease. ~'~ is terminated: jtional rent, and covenants as this wing the termination of this to the City for the new lease, er sums then due to the City D. The s unity of -shall y ~ = ity, at the time of the execution and delivery of such new le se a y • n ll sum d thereunder in addition to those which would at the time of the e ac do an de]iv ~ ereof be due under this Lzase but for such termination, and in ad 'ti th re , an}+ r onable expenses, including legal and attorneys' fees, to which the 'ty ha h ue been subjected by reason. of such default. LEASE Or AIRPORT LANDS Page S of 31 20 Lessee: E. The security holder shall, on or before the execution 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 termination of this Lease. 6. A holder of a security interest c this Lease or enters into a new lease w obligations and liabilities of this Lease leasehold estate to an assignee who is ~ undertake to perform and observe the c City consents to the assignment. The [he security holder asserts that the Ci,d9 proposed assignment, the dispute sh l MAINTENANCE, §e ed to by the Citq that takes possession of the 'ty shall not be released from the then ' 'lease unless the holder assigns its incial'v capable and othettivise qualified Co itions f this Lease or the new lease and the / ' se, t will not be unreasonably withheld. If unr~as a ~ withholding its consent to a AL & a. MAINTENANCE 1. Ai no cost to the City, the Premises clean, neat and t 2. At no cost to the City, the Le the Premises as may be necessary to and the Lessee's use of the P~emiseE 3. The Lessee shall c mply 'hall promulgated for the prom lion sa tat Che Premises in a clean an ani ar co t prevent the pollution of water 4, The Lessee agrees to Airport Manager roger t r Airport by the Lessee will k ep e Premises and all improvements on as teas ab v determined ay the City. b. UTILITIES Unless specifically provided provide for all utilities at the LEASE OF AIRPORT LANDS Page 9 of 31 maintenance and services at >m>7liance with. this Lease finances of the City that are the City, the Lessee shall keep activities on the Premises to and directions of the City's of the Airport, and the use of the ;ee shall, at no cost to the City, the Lessee's use of the Premises. 21 uicy: Lessee: c. SNO~'J REMOVAL 1. At no cost to the City, the Lessee is responsible for snow removal on the Premises. The Lessee shall dispose of sn in an off-Premises location approved in wt7ting by the City or provide suitable sn forage within the boundaries of the Premises in accordance with. all applicab e fe ral and state taws. At the request of the Airport Manager, the Lessee shall subm't a sno removal. plan for the Premises to the Manager for review. Upon approval of the Le ee's plan by the Airport Manager, the Lessee shall conduct al] snow removal o ration. on the Premises in accordance with the approved plan. 2. Lessee shall not deposit sn maneuvering surface provided for approval of the Airport Manager. 3. Lessee agrees to not allow an cause interference with adjoining lea TICLE apron, xi ay, safety area, or other aircraft- use by of ers without the prior written tt n of snow~>n < e Premises that would or o er users he Airport. a. OPERATIONS ON THE AIRPOR`1 employees, guests, conaactors, sublessees, authorized under this Lease shall do so in a protection of public health and the from the Premises. b. LESSEE'S CONTROL 1. The Lessee will assume City for the activities of the Le else acting by, on behalf of, or the Premises. ~~ e 11 sure that the Lessee, its that xf ~n any activity or function ensure safety of people, the ~fety an integrity of the Airport and onf of ands 1e sponsibility as between Lessee and ie ' ssee's pe s ' nel and employees, and anyone the au rity a: he Lessee on the AirporC,including ~. The Lessee v malfunction or other public health or the e c. RADIO INTERFERENCE: device that interferes with any govt the cause of the interference Iselin LEASE OF A Page 10 of 31 of any condition, pzoblem, fety of people or the Airport, harm to e~ity of the Premises. discontinue the use of any machine or transmitter, receiver, or navigation aid until C:iCy: Lessee: 22 d. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on an airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep the Premises clean of fish slime, fish waste, or any other material that might attract birds or other wildlife. The Lessee accepts full responsibility t aintain the Prenuses, control operations, and lake al} reasonable measures to prevent a cancen ra 'on of birds or ether wildlife on the Premises. e. PARKLNG: The Lessee will. provide a~ space on the Premises for Lessee`s business or on the Airport as may be approved or designate rusine a~4dlor pet~afiano`thePremisesin laws an pc ' s. If hazardous substances are handled to have pr er trained personnel and adequate n 'ng, utd o er ise handling Hazardous Substances der ,state an to • I laws. I~ a. HAZARDOLSSUBSTANCE I. The Lessee will conduct it compliai~eewith all environmenta on the Premises, the Lessee agr procedures for safely storing, d' p in accordance with all applicable 2 Lessee will promptly give relating to the presence of a Haza~ operations on the Airport. T;~Le proceedings. ~ ~ b. ENVIRONMEAiTAL If Contamination of the Premises or o`~lte Lessee's operations on the Premises the any and all claims, judgments, damages, bat not limited to, sums paid i se eme fees, which. arise during or of er the t indemnification of the City b ~ Lass e m with any investigation of site e nd. io wark required by any federal, Substance being present in Che affected by the Contamination. Page 11 cif 31 ;hide, equipment, and aircraft parking or confine parking to such other places ~tg by the Airport Manager. of p ce ding Co abate or settle matters on th remises or from Lessee's '.lag City t`o participate in any such ~p>jopa ,~y by a az aous Substance occurs fiam the eVV~ssee gill indem `~, defend, and hold harmless from names, es, co 's, liabilities, or Iosses, including, t o cl s, s rney's fees, consultant fees, and expert of th's~[5, as ~ asulf of such Contamination. This LANllS n`mited Co, costs incurred in connection nu , remediad,or., removal, or restorative nt 1 agency because of a I-Iazardous or ~ er the Premises or other properties C.YCy: Lessee: as c REMEDIATTON L In the event of a Hazardous Subst~ ce spill on Che Premises, the Lessee will immediately natsfy the City and the Alas a apartment of Environmental Conversation and act, promptly, at its sole expense, to ont the spill, repair, any damage, absorb and clean up the spill 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. t:o any notices required notify and copy the City in writing of~ny A. any permit, enforce ant, c regulatory action instituted, omp Environmental Law. B. any claim made or threw ne from the Lessee's operations auth i contribution, compensation, loss or from any Hazardous Sus ces in, C. any report made y, on b agency arising out of ar i Conn eti removed from Che Premises, m~lu asserted violations. e 3. Remediation and res' anon of state and federal regulation an ust author7ties. the Lessee will immediately up, lie~et~oval or other governmental. or orthrea ne pursuancCO an y y person a st the Lessee or arising d by is Lease, ' lacing to damage, n•y "salting, fom, or claimed to result or nder the Airport; or L P, e Lessee to any environmental Ott an Hazardous Substances in, on, or any e m aims, notices, warnings. or must meet all applicable of all governing regulatory ENVIRONMENTAL The Lessee will provide the City with a in~Gestii information gathered or analyzed as pair or in characterization. or audit an th P ises or e R performed after the starting to of th' Lease. T. information to the City withi 60 d vs lowin Lessee. LEASE OF A Page 12 of 31 t tp'sf results, reports ,and any other to ny Bnvironmental Assessment, at Lessee performs or causes to be tIl submit the data, result, report or which it becomes available Co the c;ny: Lessee: 24 RELEASE OF LESSEE The City releases the Lessee from Liability to the I-Iazardous Sabstances that existed prior to the ec materially contributed to by the Lessee. ~ SURVIVAL OF OBLIGATIONS The obligations and duties of the City and Lessee cancellation, termination or expiration of thi~eas far Contamination and the presence of date of this lease unless caused or IX of this lease shall survive Che. X a. INDEMNIFICATION I. The Lessee will indemni '~ 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 ettle or other costs and expenses, ir~ account of this Lease as it rela ` ; Airport, or any act or omission contractors or sublessees. These by, the Lessee's oblig earlier termination of 2. The Lessee matter affecting the City vJk any letter by an attorney on e notice or comp}aint by any re to participate cooperatively in such matter, without relieving LEASE OF AIRPORT LANDS Page 13 of 31 harm ss, and defiend the City, its officers, any an al iabilities, losses, suits, ,z3gments, fin s, demands, damages, injunctive o e full e en of the loss or obligation for 25 of dsiy ~gulation or grant agreement, ~dem ifi • Lion of the. City by the Lessee ~, att rfees, consultant fees, expert fees, a ~ a''sing from; connected to or on ;, t. P ssee's activities at or relating to the orb a ' of its officers, employees, agents, ligatio . are in addition to, and not limited ;t, and shalt survive the expiration or tic`e of any suit, claim, action or other a ove, may apply, together with a copy of 4zt, any complaint filed in court, and any The City shall have the right, at its option, and settlement negotiations regazding, any ny of its obligations under Chis provision. Lessee: 3. As to any amount paid to others for personal. injury or property damage with respect to which an act or omission of the City is a legal cause, notwithstanding Paragraph 1 of this sectian, the. Lessee and the City shall reimburse each other according to the princip3es of comparative fault. Tf li~6ility to a third party is subject to apportionment according to comparative City shall seek in good faith to achieve n fault as between themselves. This appo ' Lessee shall not be construed to affect Lease. b. INSURANCE: At no expense to the the Cerro of this Lease, insurance of the type specific limits arc set, they will. be the mini.. contains higher limits, the City will be enti b the time insurance is obtained 'by the Lessee rated "A-" ar better by A.M. Best. The folic following minimum. amounts: 1.. Commercial damage, products and coml contractual, with apex-occt limit. If this lease authorizes the L~; dispensing or storage of aviation fue handling activities. This policy must 2. Comm combined single limit non-owned motor veh 3. Workers Com~r for all employees, coverage as n other statutory obligations, The 4. The form of an insurance ~ premiums have been p Al}insurance required days prior to any term 5. If the Lessee's in~i immediately, upon written notice the Premises. The Lessee will not under this provision, the Lessee and the 1cia1 agreement as to apportionment of ' C of liability between the City and the of any person who is not a party to this e will obtain and keep in force during re by this provision. Where . i .. If the Lessee's policy to t, e e tent of the higher limits. At shall b a company/corporation of insur ce , re required with the ity, nc dine Premises, all. operations, property s, an p sonal injury and death, broad-form not les th• $1,000,000 combined single e~e r th sale or the commercial ~o ey must of xelude of the Lessee"s fuel the itv as a dditional insured. not less than $1,000,000 rust cover all owned, hired, and ice. T e Lessee will provide and maintain, AS 3. .045, and, where applicable, any wives rogation against the City. ~,' ~ w proof of insurance coverage in the ~ rn r nce, together with proof that the s a d monetary limits of coverage secured. s r tde that the City be notified at least 30 or r , erial change in the insurance coverage. ige lapses or is canceled, Lessee will haft all operations on the Aizport, including •atians until the City receives evidence that LEASE OF AIRPORT LANDS City: Page lA crf 31 Lessee: 26 the Lessee has obtained current insurance coverage meeting the requirements of this Lease. 6. The City may, at intervals noc less than five years from the beginning date of the tens of this Lease and upon w 't n notice to Lessee, revise the insurance requirements required under this Lease. ity' determination Co revise the insurance requirements wial be based on the risks elative o the Lessee's operations, any insurance guidelines adopted by the City, and any Chang 'in applicable law. 7. If the Lessee subleases all o a p ion of the Premises under the provisions of this Lease, Che Lessee 1 require e blessee to provide to the insurance coverage required of the Lessee and r t 's Article LA a. COMPLIANCE WITI-I LAVi': Les; and regulations of public authorities no Premises or the sidewalks, alleys, stree . a structures, fixtures and improvements or 'h. ordinances, and regulations which may be part of the governmental body enacting the harmless: steal comp `with all applicable Laws, ordinances, ;rea€te n ' y manner affecting the Airport, the ways adI ce to the Premises, or any buildings, thereaf, 'he er or not any such laws, ~a _ r enacte in lve a change of policy on the ,~ ssae agr s hold City financially (I) From the regulations; and (2} From all claims for 21~ resulting from such violation. b. L'NLAWFIJL ACTIVI'T`Y: The business, or trade to be condo to the including zoning ordinances, ides an re c. LICENSES ANTI PE'Rl~ pay all taxes and special assessr and charges assessed under appi ehallen~ng any taxes or special d. LITIGATIOi~: The I~vIC, i the State of Ataskawill govern in any of sr1~h laws, ordinances, and/or death, or property damage 15iit any unlawful use, occupation, to any law, ordinance, or regulation, fiI brain all necessary licenses and permits, d on the Premises, and pay ofher fees g i Cis Lease prevents the Lessee from apprtipriate authority. s promulgated thereunder, and the laws of the Lessee and City. If a dispute Page 1.5 of 31 \C=' Lessee: z7 continues after exhaustion o'f administration remedies, any lawsuit must be brought in the courts of the State of Alaska, in Kenai, Alaska. e. LESSEE TO PAY TA3iE5: Lessee shall a during the tens of this Lease may become a lien p Borough, City, or any other tax levying body, u on may have in or to the Premises or improvement on occupancy or the terms of this Lease provided, ow prevent Lessee from contesting any increase in to ordinance, or regulation. all lawful. taxes and assessments whioh, i or which may be levied by the State, taxable possessory right which Lessee t Premises by reason of its use or ~ .r, that nothing in this prevision shall ~r sessment under any applicable law, f. PARTIAL INVALIDITY: if any ter rovision, 2 declared by a court of competent jurisdictio to b ,invalid terms, provisions, conditions, or parts shall Conti Yte in full declaration had not been made. /~ a. CANCELLATION: The City Lease and recover possession of the P violation is cured within the 30 days: 1. The Leasee 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 3. The court 6. A trustee orreeei by or against the Lessee, 7. Failure by the Lessee to improvement construction requ a] rents, charges, or other under this Lease. of alav sum,~lawrnder This Lease is returned for with any provision in this Lease. of in~..ol1?en'cu ~ainst the Lessee. Page 16 of 31 28 on, or part of this Lease is ~nst~itutional, the remaining alto effect as though the 30 da riCCen notice to the Lessee, cancel this my of th fo owing violations occur, unless the use of t~e 1~emises for any purpose not for e essee's assets in a proceeding brought es a v 1 ~ntary petition in bankruptcy. any land development or permanent aiy: Lessee: b. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated in accordance with this Article xII, 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 ar any time the after, re-enter, and resume possession of the Premises or portion thereof, and remove all pers s ~ nd property therefrom, without being liable far any damages therefore. No re-entry by the ity s Il be deemed an acceptance of a surrender of the Lease. y a CONTINUING OBLIGATIONS UNTI RE ES VACATED: The Lessee will continue eo pay City rent after the. expiration, to n, r cancellation of this lease and to abide b}+ the lease obligations, including pro ing proo f surance coverage, through the date Lessee relinquishes possession of and comp ate ~ vacates e amines. City will consider the Premises campletel}y vacated if the Lessee as 1. Remediated any en responsible; [2. REMOVED OR OTF PERMANENT OR REMOV WIdICH THIS LEASE ALLt REMOVED]; anal WISE BE 3 Restored the Premises to a City. d. REASONABLE CURE I. In the case of a vi< of cancellation issued by i 30-day notice period, the violation. The City will d days and what constitutes 2. In the case an imminent threat tc direct the Lessee to s violation, or Che City e. RIGHT OF CITY TO ~.;. the Lessee is OF ANY LESSEE-ObYNED 7T5 AND PERSONAL PROPERTY uD OR THE CITY DIRECTS TO BE acceptable to the y cured within 30 days, a notice ,his Article is stayed if, within the expeditious action to cure the t be reasonably cured within 30 in ' y's so de ina ' n, Lessee's violation. is considered zi ort, ublic ea s fety, or the environment, City will i ac 'vit imme ' at and may reduce the period to cure the ~o 'ec he iolati p _suant to (d) of this Article. 1. If, after 30 days follows required by this Lease, the CiC}+ LEASE OF AIRPORT Page 17 ot3L fails or refuses to perform any action but not the obligation, to perform any Lessee: 29 or all such actions required by this Lease at the so]e expense of the Lessee, The City will not take action if the Lessee begins and continues expeditious action to perform any action myuired by tltis Lease that cannot be reasonably completed within 30 days. The City will, at its sole discretion, detetTntne 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 ~ the performance by the City of any required action. The Lessee will. pay the amoun of each invoice within 30 days from. 1SSllanee. Z. If Lessee fails or refuses to threat the City will have the right, actions required to expeditiously c City for any cost, including legal f City in acting to correct the immin f. WAIVER: A waiver by the City of Lease will. not operate as a waiver of any st City is not required to provide notice to the under this Lease. The waiver by the Ci y relied upon unless the waiver is in writ g < insist upon the strict performance by Che relinquishment for the future, and the prov' g. AIRPORT CLOSURE: 1. If the City closes Lease will remain in fu1.1 2. If the City closes they but not permanently, and this Lessee may, upon written nog and receive a fifty (50%) pert that exceeds sixty (60) da . 3. If the City (i) this Lease is fc terminate this agreement (fi) this Lease is for none the Isase terminated. The City ~ best interest and either terninate Pave 18 of 31 violation. thaC has been deemed an imminent n, to perform any or all such eat. Lessee shall reimburse the ver acts reasonably incured by the n de~t the Less e o~ any provision of this ~seq n defy t. If the waives a default, the ,essee o rest e or revive any term. or condition any pro 'sio in this Lease cannot be enforced or signed o~alf of the City. The City s failure to se of any pt vi on m this Lease is not a waiver or on 1.1 contin r full force. to airc`r~ai~loperaltions for sixty (60) days or less, Chis LliNDS e tions for more than sixty (60) days, ~ o irect aviation support uses, the rer e ` mate the Lease or retain the Lease ore . 'dit for that portion of the closure aircraft operations and a via on support uses, the Lessee may tc} C ~~ ity; or the Lessee may request in writing to have the Lessee's request i~n light of the City's i deny the Lessee's request in writing. Lessee: 30 h. DIS,gSTERS The Lessee or City may eanoel this lease upon L the Premises becomes unusable under this lease becomes impossible; o 2. the Airport becomes unusable performance under this lease becomes If the Lessee elects in writing that it will the Aitport has become unusable, the Le City shall be under no obligation to cons Causes for eermination of the lease under this enemy, and the United States, to notice to the other party if no fault of either party and performance of either party and the notice from City to Lessee that he Lease will continue, but God, the public i, NATIONAL EMERGENCY: I~ e federal neither paa-ty may hold the other liable ~ r a mabi result of the national emergency. j. SURRENDER ON TERMINATIOi~ F Lessee shall, on the last day of the tann of thi thereof) or upon any earlier termin ' n of this the possession and use of City wit out • ud or for reasonable wear and tear sinc the last ece free and clear of all lettings and o cupa es r. and free and clear of all liens and e ut br c City. a. tiSE OF THE AIRPC91 facilities without the written a use of areas designated by the automobile pa~-lcing v'ens, and declares a national emergency, m any pa~~t of this Lease as a ce as prov e otherwise in this Article XII, e cludin y extension or renewal ea , su nder and deliver up the premises into a n goo order, condition, and repair, except sa repai • re 1acement, restoration or renewal, ss e re "1 "rmitted by the City in writing, other a those created by and for ]pans to as pro yid hn, any regalar use of Airport lands or NCity is ro ibrfed. This probibiti,on shall not apply to cued pub . c ,es, such as passenger terminals, b. COSTS AND EXPENSES: Cod limited to recording costs, shall be paid. Page 19 of 31 LANDS incident', to this lease, including but not C~tv: Lessee: 31 c. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good order at the Lessee's own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any earlier termination of the I,~se, the Lessee will peaceably and quietly quit and surrender the premises to the City. d. CONSTRUCTION APPROVAL ANA Premises by the Lessee musC be compatible wi authorized under this Lease, as determined by written approval before placing fill material, b~ demolishing any improvements on the Premi modifications, ar renovation of existing su-r1 tc the City detailed drawings of the proposed ev together with specifications or any other in ort Lessee will submit to City evidence of the L Administration regulation 14 CFR Part 77. e. LEASE SUBORDINATE TO agrees thaC City may modify this Lei or to conform to the requirements of shall not act. to reduce the rights or p the Lessee financial loss. I'A 1ARDS: Any building construction on the its su •oundings and consistent with t7ie uses Cit ~. he Lessee must obtain the City's n i an land development, or constructing or an °be re eginning any alterations, s on the em' as. The Lessee must submit to meat, alte ati ,modification, or renovation, on the City r as ably requires. Further, the v s comnl,iance 'th ederal Aviation T 'AN G REQUIREMENTS: Lessee revis r uirements for Federal or State grants, .te bond o Want. However, the modification ranted the es ee by this Lease, nor act to cause f R1GI-iT TO ENJOYMENT A_'vD PEA covenants that the Lessee, upon pa ' rent an e conditions of tliis Lease, shall hav the ' ht to qu enjoy the Premises, exoept that th followr ~ shall or peaceable possession: 1, Any inconvenience 2. Any other entries by the provisions of this Lea~.'~ g. NO PARTNERSHIP R 7 N'lr the City shall not be construed r ' 7 0 the Lessee's activities or busines on he Lessee is, and shall at all times re n, ', h. DISCRIMINATION: The Less f religion, national origin, ancestry, age, o~ employment, or other person or group of Page 20 of 31 T LANDS on the POSSJTON: 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 TED: It is expressly understood that It venture of Lessee in the conduct of ationship between the City and the Ord and tenant, respectively. t tscriminate on the grounds of race, color, in {any patron, employee, applicant for in try manner prohibited by federal or state 32 City: 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 undertake an affirntative action. program to ins participating in any employment activities offe color, national origin, or sex. No person. may l or receiving the services or benefits of any pro; further agrees that it wlll require its suborgamiz effect that they will also undertake a'ffsrmative suborganization(s) as required by 14 CFR, Py4rj ~ ' 14 CFR Part 152, subpart E, the Lessee will r t - t no person will be excluded from d by e Lessee on the grounds of race, creed, . exeIu @d on these grounds from participating in ram orsactivity covered by subpart E, The Lessee ~ 'o~n(s} ovide assurance to the City to the same cti o~ sand require assurances from their 15,., ub art Tenant shall use the premises in coy pursuant to title 49, code of Federal Regult 31, Nondiscrimination in Federally-Assiste Effectuation of Title VI of the Civil Rights with all the -requirements imposed by or )T, Subtitl A, ffiee of the Secretary, Pact n of the De n ent o'f Transpoztation- 1 >4, nd as the ea- Iation may be amended. j. INTEGRATION, MERGER, AND MOD CAT ,' N: This Lease sets out all fne terms, conditions, and agreements of the parti s nd supers es ny previous understandings or agreements regarding the Premises wh er ral or wri en. No modification or amendment of this Lease is effective unless in writing a d si ed on be ~ if f the City and the Lessee. 7c. RIGHT TO ADOPT RULES: City r se es e right a pt, amend, and enforce reasonable rules and regulations governing th A - o , ineludi ~e Premises. The City shall not be liable to Lessee for any dimi 'ion or de n posse Sion, or of Lessee's rights under this Lease, on account of th exer 'se of th Ct y's au ority reserved under this provision. Furthermore, the Lessee shall not e enfrtl to Cer mate C e ole or any portion of the leasehold estate created under thi Leas -, . y eason o -the , x r se of the City's authority reserved under this provision, unle th` ex rc e there f s interferes with Lessee's use and occupancy of the Premises as to cons 'tut ate ination, 'n hole or in part, of this Lease by operation of law under the Laws of the ate of A ska and f e United States made applicable to the states. 1. LESSEE'S OBLIGA permit any liens including, b t not ' it to, obtainable or available under t t n is 'n, improvements on the Premises f - a ~ 1 or been furnished to Lessee or to the ss e's g work. of any character performed or c i d ' improvements by or at the direction or tf have the right to provide a bond as come . le amount of any such lien or claimed'lien. L c LIENS: Lessee will not '. or materialmen's liens t stand against the Premises or 'al urnished to Lessee or claimed to have m tors, or sublessees, in connection with been performed on the Premises or Lessee. Provided, however, the Lessee shall Alaska law and contest the validity or ~1 determination of the lien or claim for lien, LHASE OP A Page 21 of 31 Citv: Lessee: 33 the Lessee will immediately pay any judgment rendered with aii proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. m. CONDEMNATION: In Che event the Pre ses or any part thereof shall he condemned and taken for a public or aquasi-public use, then u n payment of auy award or compensation arising from the condemnation or taking, the Ci an he Lessee shrill make a good faith effort to agree upon 1. the divisian of the proceeds; Z. the abatement in rent payable durin to or any extension of the term of this r Lease; and 3, other adjustments as the parti s ay agree o as being just and equitable under all the circumstances. If, within thirty (3d) days after the award hays unable to agree upon what division, abatetne equitable, the dispute shall be determined by into Cout~ Ciry and Lessee are iN~d other a st ents as are just and o. StiCCESSORS IN IlvTTERE benefit of the respective successors limitations on assignment as at-e pr< p. NOTICES: Lease , all e binding upon and shall inure to the is of the ~ s hereto, subject to such specific 1. Any notices require this L.ea t b in writ°fng and must be delivered personally or mailed by ce tfie r regist e mail i a prepaid envelope. A mailed notice A, must bead ss t th respect ue arty at the address written on the first page of this Lease or t ttr 1 tes ddress es ated in accordance with (2) of this Provision (p); and B. shall b de ed deli re th ate it is deposited in a U.S. general or branch post of xce. 2. The City or Che s e a , from t e time, designate a new address at which they will receive notices ~ p v in the of r rry with written notice at least l 5 days prior to the effective date o the h ge Ana ss change notice must be delivered according to the procedure se ou 'n ) f this Provision (p). r LBAS& OF AIRPORT LANDS \ ~, u~ty. Page 22 of 31 ~(" Lessee: 34 q. RETENTION OF RENTAL: In the event the City terminates this Lease because of any breach by the Lessee, the City shall retain any unused balance of the rental. payment last made by the Lessee Crty as partial. or total liquidated damages for the bxeach. r. FIRE PROTECTION: The Lessee will t to 1 reasonable precautions Co prevent, and take all necessary action to suppress destructive run ontrolled fires and comply with all laws, regulations, and rules promulgated and enforce by th ity for fire protection on the Airport. s. PER50NAL USE OF MATERIALS; intere- in coal, oil, gas or any other mineral, or in any deposit of scone or gravel valuable for ex on r utilizafton is included in the Premises or in the rights granted by this leas . The ' es e al l not sell or remove from the Premises for use elsewhere any timber, stop , g vet, peat o ,topsoil or any other material valuable for building or commercial pmpos s. t. APPROVAL OF OTHER AUTHOR T T e grantinb of is lease by the City does not reCieve the Lessee of Che responsibility too tar •' y icense or e it as may be required by federal, state, or Iocal law. u. EXECUTION BY THE PART ~ This Lea is ~f no effect unless signed by the Lessee, or a duly authorized repreaenta 've Lessee, a d ~ authorized representative of the City. v. CAPTIONS; The captions of the pr vi. ns f this L se re for convenience only and do not necessarily define, limit, describe, ore s e t come `f any provision. w. RIGHTS OF CONSTRUC IO ThiaL se s rote ded to make public property available for private nse, while at 1 frmes ratectit the. p bh interest to the greatest extent possible. Following the rule that ansf o 'nterest 'n p q roperty are to be strictly construed in favor of the public pro e la dl rd, all r h ~ granted to the Lessee under this Lease will be strictly construed, anal - a~ h s o the Cit~ ~ the protections of the public interest will be Liberally construed. x. LESSEE ACKNOWL DZ°r this Lease and fully understa ds its opportunity of advice by sep ate li acknowledges and agrees that e ri asainst the drafter will not apply o acknowledges that the Lessee has read as been fully advised or has had the ily executes this Lease. Lessee also r er which a document is consuved y. APPROVAL BY LESSOR. _~n} be unreasonably withheld. The Lessor's responsibility or liability to comply with LEASE OF AIRPORT LANDS Page 23 of 3 ~. riled of the Lessor by this Lease will not not waive the Lessee's legal federal and state laws and regulations. Lzssee: 35 SURVEY. IMPRt}VElVIENT5 a. SURVEY; The Lessee is solely respon rt the physical lonation of the boundaries of the Pr thereon, including clearing grubbing, back-filling the Fremises shall be performed by a Land S ve~ Lessee shall famish the City with a copy of he 1 or on behalf of, Che Lessee. b. IMPROVEMENTS. 1. REQUIRED IMPROVE complete Land development and an [AGGREGATE COST] a ais [EXCLUDING FINANCING C this Lease, the Lessee must submit completed the ].and development an aggregate cost or investment of not The evidence of cost must completion of the development an A. Costs consid~ include building construction, equipment, soil testing, envirc directly related to the construe including excavation, eo t pavement, remediatio of env Materially Cantribut To tJ~,e Page 24 of 31 B. The cost o [(i} FINAN I] [(ii)] ~ work and [(ii.i)] ii) work T LANDS later BOND a fits sole expense, to confirm or establish ses or to beginning any construction t nv onmental sampling. Any survey of t eg ter din the State of Alaska. The of any ui y performed on the Premises by, to the Car, Lessee agrees to .anent Improvements including with ~ I,] [he as-built drawings required by dence that the Lessee has we ents on the Premises with an sixty (60) days of the than the agg-eg to cost of permanent improvements or, mat -ia ,materials shipping,. permits, ~~ •eline rep F and environmental. assessment 1ise, d as- i1t surveys; site preparation, ding, fill material, gravel, and 1c n min' ion (unless Lessee caused or patio 1: }utility connection costs. excludes the City and not reimbursed by the Lessee; Lessee and reimbursed by the City. 36 City: Lessee: 2. FAILURE TO COMPLETE IMPROVEMEl~TS: If the Lessee fails to complete the required construction within the time allowed under (b)(I) of this Article, including any extensions grunted, the City wil} execute against and the Lessee will forfeit, any bond or other guarantee given by the Lessee and as applicable, City will A. initiate cancellation of B. reduce the term of the of the required construction ti 3. APPEARANCE: When. c neat, presentable, and compatible Lease, as determined by the City. 4. CITY APPROVAL approval before. beginning any land improvements on the Premises, or b renovation of existing struetw•es on detailed drawings of the propos Further, the Lessee will submit o C EAA regulation 14 CFR Part 77. to a ~ eriod that is eansistent with the portion :omta Ced; or ;nts on the Premises must be of the Premises under this obtain the City's written ~r demolition of any. efore e~nnin any alter3ty~bns, modifications, or Che Pre ises. he Lessee must submit to the City evelopme t, alteration, modification, orr~enovation. i'6,u evident of e Lessee's compliance with .the 5. CITT APPROVAL WITHIN alteration, modification, or renovation A. the Lessee fails project; B. the project C. the proposed pro' ct~ regulation, or law; D. the proposed project security, maintenance, or operatio E. the oronose~'trrZitect is F. the propos d pro: ordinances, or the Cit ~'s Cc G. the project p nsE vehicle, and equipment p l I3. the proposed prc principles or applicable fire (. DEMOLITION: Prior to Lessee will delivtr to City a writ LEASLr OF AIRPORT LANDS Page 25 of 31 City'sl~pp~ival of any construction, resources to complete. the r~ag~'tr uZpprovals are incomplete; m v lauon of an applicable ordinance, is incompatible with the safety; of the the Aizporl Master PIa1t; Xhe terms of the ]ease, zoning sion for drainage, aircraft, snow 37 ;e; or to generally recognized engineering of an}~ structure{s) on the Premises, 'k that, at a minimum, lists the City: Lessee: structures}that are to be demolished and the timeframe for demolition and removal of Che debris from Che Airport. City will review Lessee's scape for demolition and issue Lessee written approval for the work to be done. 7. BUILDING SETBACK: No bt constructed or placed within twenty (2t without City's prior written approval. structure may be constructed or placed boundary line of the Premises which fr 8. AS-BUILT DRAWINGS: W construction or placement of improv tnc the City a copy of an as-bunt drawl g, a dimensions of the improvements, g'ving Lessee constructs underground itnpr ve~ surface of the land with adequate surfa between such markers will be subject to 9. AIRPORT SECUKITY 'CI] realignment or alteration of an istt ~ Premises, the Lessee agrees to re ign by the Airport Manager. Anytime e~ complete improvement construction r Lessee's sole expense place temporar detet7nined by the Airport tiger. If or boundary of the Premise in c nett Premises, the Lessee shall romptl reI Manager. 10. DAMAGE TO IMPRO~ are damaged or destroyed, Less w and restored to normal function w I If the Lessee faits to ti e rebuild discretion, either redo e the t of the Lessee.'s remalni a, full fm ti Lease. I I. DAMAGE NEAR A' extent that more than 50%i~ of e years of the expiration of the to . o improvements, restore the Premis ztin ar other permanent structure maybe feet any boundary line of the Premises addi ti :"n, na buildang or other permanent thin ~~ feet-0f any on a • nding strip, taxiway, ar apron. i sity 0) ays after camp1etion of rts upon t miser, the Lessee will deliver to ptaUle to e ity, showing the location and stances to a Pr ses' boundaries. If the tints he Lessee wi appropriately mark the r''e The t_vp q anti,ty, and distance pp . val .the City. t s: an construction by the Lessee requires a ;curity 'en e on the Premises or boundary of the alter the en in a manner approved in writing t must b br ched to allow the Lessee to c odific io ,the Lessee shall, at the rs o maint ' lthe security of the Airport, as a o ors to ~ security fence on the Premises n wr the ssee's use or occupation of Lne it t e fene to e satisfaction of the. AirporC t" S: If se 's improvementson the Premises ~a se the i r~'vements to he repaired or rebuilt, two ''1 years ollowing the damage or destruction. e e t improvements, the City may, at its sole ~ co ensnrate with the estimated value of I IAttp v ants on the Premises, or cancel This If Isee's improvements are damaged to the nusable and the damage occurs within five are, Lessee may remove the damaged ~inate this Lease. Page 2C of 3'1 ~ Lessee; 38 d. PERFORMANCE BOI~'D O tional : 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 ~ty's approval. [E. DISPOSITION OF IMPROVEMENTS EXPIRATION OF TIdE TERM OF THIS LEA THEREOF) OR ANY EARLIER TERMINATE IIvIl'ROVEMENTS, AND BUILDING EQUIPI CITY WITHOUT REQUIREMENT OF ANY HOWEVER, IF CITY SHOULD REQUEST HEREQF, LESSEE SHALL PROMPTLY ' THE DOCUMENT TO THE CITY AND P Y ASSERTED OR IMPOSED ON THE CO VE PROVIDED HOWEVER, THAT LESSEE FROM THE PREMISES AT THE LESSEE'S IMPROVEMENT OR BUILDING EQUIl'ME! WRITING TO THE LESSEE MINATION: UPON THE Y RENEWAL OR EXTENSION TO THE BUILDINGS, OTHER LL AUTOMATICALLY VEST LN YEYANC$ OR BILL OF SALF,. }pCUMENT IN CONFIRMATION WLEDGE, AND DELIVER E, AX, AND FEE LAWFULLY ?~rID N ~D BY THE DOCUMENT. AIN T L T0, AND REMOVE ENSE, N ,BUILDING, OTHER ~HE CITI S DETERMINED IN I. HAS EXCEEDED ITS 2. IS DAMAGED BEYOND 3. IS A HINDRANCE TO THE F 4. IS OF NEGLIGIBLE VALUE. USE OI~TII~ PREMISES; OR f. NOTICE OF CONSTRUC days prior to commencing any co The Lessee agrees to assist vi the the notice on the Premises during LEASE OF A Page 27 of 33 ee agrees to notify the City in writing tJtree valued in excess of $500.00 on the Premises. of non-responsibility and maintenance of e agrees that in Che event the Lessee fails to Lessee: 39 notify the City as required by this Provision (f), the Lessee shall indemnify the City against any materialrnen`s liens as defined in AS 34.3.050 which arise as a result of construction. on the premises. ARTICLE SPECIAL 1. City Constnacted Improvements. ALTERNATIVE ONE -17ie City commits signed. ~ (a) As part of the exchange City's expense, cause the f~ connection with the Premis (i) (ii) (b) The City's total cost improvements after the Cease is lease, the City will, at the b be constructed on or in. shall not exceed 's (c) The Lessee shall reimburse improvements. The mhurse payments, plus inte est a igh~ Lessee may pay th entire r (d} After eompletin he` m ro notice of the City's tot e t of which the Lessee's reim rs mer earlier than 60 days after date reimbursement pa, ent for cha later than the ~ nivers v of da (e) Failure by through (d} of City. ALTERNATIVE TWO - LEASE OP AIRPORT Page 28 of 31 or the Chit Ps cost of constructing Che I] made in ten (10) equal annual ($%) er year on the unpaid balance. The lance to he City earlier than due. :sty will give the Lessee written 7e Improvements and the date on a[1 begin, which date shall be no ' notice. The Lessee's annual year shall be made to the City by no e first payment was due. i urse the City as required ander (b) be o , ds for termination of this lease by the improvements before the Zease is signed. 40 Lessee: {a} The Lessee acknowledges that prior to the execution of this base, Che City constructed the following improvements on or in connection with the Premises: (i} (ii) (b) The City s total cost to cons'(ruct th~improvements was (c} As part of the consideratian of t i as the Lessee shall reimburse the City for the City's cost of construe ' g the 7tn ov ents. The reimbursement shall he made in ten (10) equal annua pa ments, p1 s i Brest fu eight percent (8%) per year on the unpaid balance. he ssee may ay e entire remaining balance to the City earlier than due. (d) The Lessee shall make the stl~it~ib rsement p nt to the City by no later than the first anniversary of ChB Ie se erm aginning e given in ArticleIII of this Lease. The Lessee's annual. rei butse t ent payment for each succeeding year shall. be made to th ry by no I' er ' an the anniversa3-y of date on which the first payment was d -. (e} Failure by the Lessee co i . ly~'eimburs th„ Ciry as required under (c) and (d) of this provision shall be a o ds or terms ati n of this Lease by the City. IN WITNESS WHEREOF the roes he to rave h reunto set their hands, Che day and year stated in the individual aekn ledgm is beio TY OF ~'A 1 ; Koch LEASE OF AIRPORT LANDS ~nY: Page 29 of 31 ~ ?~ Lessee: 41 (If Lessee is a Corporation} ATTEST: Name Title STATE OF ALASKA ) } SS. THIRD JLTI3ICIAL DISTRICT ) THIS IS TO CERTIFY that on this Title: being personally known to me or havin p~ appeared before ma and acknowledged~l e instrument on behalf of said. comoratio STATE OF ALASKA ~\ `~ THIRD JUDICIALDISTRTCT ) THIS IS TO CERTIFY Manager of the City of Ker satisfactory evidence of ide authox7zed execution of the Name: evidence of identification, rized execution of the foregoing ~, 200_, Rick R. Koch, City awn to me or having produced and acknowledged the voluntary and of said City. for Alaska un Expires LsnsE or Fl Page 30 of 31 Lessee: 42 Approved as to Iease form by City Attorney; Approved by Finance Director: Lease approved by Council on Caro] Freas, City Clerk U:AMy nooumentcWirport~\l.case. of Aii~porr ReSewe i.>~ 4.3 SUBSTITUTE Suggested by. Administration CITY OF KENAI RESOLUTION NQ. 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 Cher of Kenai has undergone as supplemental planning assessment in order to update airport operations including: planning, finances, accounting, management and leasing; and, TUHEREAS, as part of the supplement planning process the Airport Reserve was created; and, WHEREAS, the procedures for the leasing of airport reserve lands is contained in KMC 21.10; 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 IT 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 Council PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk 4~4 %` r~~i ., ~7.'`iy r -~_.~ ~~ x`lxe u'fy "I .6J KEN~~ SKA „I/illa~e wE~~i a 1'~t, ~i wit~r ~ Fut~.~e„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: {907) 283-3014 www.ci.kenai.ak.us TO: Mayor Porter and the Kenai City Council FROM:C~ Cary R. Graves, City Attorney DATE: April 2b, 2067 RE: Airport 12eserve Lease Form Comments During the April 4,, 2007 Council meeting there were eight questionslcomments generated regarding the draft Airport Lease Porm ,See Page 8 of the unapproved minutes of the Apri14, 2007 meeting. Here is how the administration has addressed the comments/questions. 1. The phrase "the City" was added between the words "hold" altd "harmless" in line two of Article IX.B. 2. Reimbursement for caty constructed improvements under Article XV was added to the "Additional Rent" subsection in Article IV.C.4, 3. Marilyn Kebschull researched whether salvage yards were allowed in the airport reserve. Undar the Zoning coda a salvage yard could be allowed by a conditional use permit under KMC i4.20.050(h). Z`he wording in Article ILC.3 was changed to read that "The outside storage on the Premises ofjunk, salvage aircraft or vehicle parts, non-operational support equipanent, unused ar damaged equipment or materiat or solid waste or debris tuiless allowed by a conditiona! use permit issued under KMC 1.4.20" is prahibitod. 4. KEDS had a concern about amortizing the investment of a lease extension. Ordinance 2230-2007 amending KMC 21.10.090 is in the packet for introduction during the May 2, 2007 meeting. 5. KEDS atsc> had. a concern about a lessee being able to negotiate the contractual right to a ]ease extension. Ordinance No. 2227-2007 addresses that concern. It will be up far 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. The phrase "boundary tine" was changed to "lot line" in Article XIV.B.7. 8. The notice of construction threshold was ci~anged from $500.00 to $1,000.00 in Article XIV.E. Please feel free to let me know of any other comments or questions you may haue. 45 KEl~AI lYIUNICIPAL AIRPORT LEASE OF AIRPORT RESER~TE LANIIS THIS LEASe AGREEMENT entered and between the CITY OF KENAI, ("City") 2 and individually, ("Lessee") ~ _ day of , ~DO_, by Avenue, Kenai, A1as1<a 99611-7794, °ss is __ _ _• Far the purposes of this Lease the 1. Airport -the Kenai Municipal Airpd laizes, water taxiways, and all City-owned re Reserve as defined in KMC 21.OSA10-020. 2. Airport Manager -the- official authority and responsibility of manag: Manager" includes that person's auth, 3. City -the City of Kenai, Alaska, a 4. City Manager -the official responsibility of managing and die 5. Contamination -the 6. environmental Law -any ordinance; code, permit, order, d~ environmental matters, including are deft ed s follows: z luding all the ays, taxiways, aprons, water s~ to sated wit 'n e boundaries of the Airport the ity ,anager of the City has delegated the reetin th' activities of the Airport. "Airport resentat e. ru manic orporation of Alaska. I i 'ty Co ~ has delegated the i 'Ui of t City. ce o any r~, ea d Hazardous Substance. feral, st e, r local statute, law, regulation, ~nt of air g vetnmental entity relaiing to 7. FAA -the 8. Hazardous Substance -fin hazardous waste, Hazardous Sub. petroleum, petroleum product, or under an Environmental Law as toxic, pollutant, contaminant, 9. KMC -the abbreviation for 10. Permanent Impzovement - a fixed a di ATTACHMENT A LPASE OF AIRPORT LANDS Page 7 of 31 icinal Code. change to land that is not temporary or c,~y: Lessee; 46 portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank. and well. A. PREMISES: In consideration of Lesse the. covenants of this Lease, the Gity leases to the following described property ("Premises") District, State of Alaska. and located on the Ak B. NO WARRANTY: Except as may e pry warranties, expressed or implied, concerto g the soils, wetlands, access, and suitability or pr ttat this Lease, its enviromnental condition, or dt r ,t of the rents and performance of all and the Lessee leases from the Cit}=, ii Recording District, Third Judicial to for any u~ to or abser, the City makes no specific vises including, survey, .tding those authorized by Hazardous Substances in, basis and without I;'affectingthe City's title on, and under the surface. The Lessee takes th r~iiis~on an "asp warranty, subject to any and all of the covenants, rtes, d conditi to the Premises. /~ A. AI?THORI7ED USES L USE OR PREMISE following purposes a 2. CONTINUOUS 0~ die Lessee will open uninterrupted by any days within any 12-r, City on of to use the Premises for the the City writte noTt~ more than I 0 nsecu and the date o which not apply to an er~ as a result of an a o Airport or loss of th disaster or order o'Fpu A T 7ACH;UiENT A LEASE OF AIRPORT LANDS 1?age 2 of 3'I 47 approves otherwise in writing, emrses on a continuous basis, consecutive days or 30 aggregate ..this lease. The Lessee will give s "ae'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 the Premises due to fire or natural c;zy: Lessee: B. RIGHTS RESERVED TO THE CITY. 1. RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others any rights and privileges notspecr ally granted to the Lessee on an exclusive basis. The rights and privileges a t to the Lessee in this Lease are the only rights and privileges granted tot e Les e by this Lease. 2. EASEMENTS: The City reserv s the r' ht to make grants to third parties or reserve to the City easements or n hts o 'ay through, on, or above the Premises. The City will not grant or rese -ve an ~ et ent or right of way that unreasonably interf©res with the Lessee's a t~pxized us 5 0 "the Premises. 3. INGRESS, EGRESS AND to and egress from the Premt es including buildings, for the pu time. Excopt in the case of an e tasringwillbe coordinated with Lessee's authorized uses/tsS the 4. RIGHT OF FLIGHT: TI re i assigns, for the use and be fi aircraft in the airspace abov t flight will inohtide the right to operation of any airer ft used landing ai, taking of fro , or C. PROHIBITED USES Unless specifically authorized by prohibited: 1. Any use of the 2. Any use of regulation. 3. The outside storage`s operational support e solid waste or debris KMC 14?0. is PION; e "Cy reserves the right of ingress the right to nt ~ any part of the Premises, of " spection r vironmental testing at any ze all inspe io sand environmental eseee to minimi . ,~interfet'ence with the se ed to the City, its successors and ri , a fight of flight for the passage of of t e emises. 'T'his public right of airs c any noise inherent in the ion or .,' t t'nrnugh the airspace or this Lease, the following are in this Lease. a City Ordinance or an Airport o tx k, salvage aircraft or vehicle parts, Hon- ed. ,damaged equipment or material, or pursuanC to a conditional use permit under ATTACHi~SBNT A LEASE OF AIRPORT LANDS Page 3 of 31 Citv: Lessee: 48 4. S, The disposal on the Premises or the Airport of waste materials generated by the Lessee, including any )-Iazardous Substance, slash, overburden, and consiruction waste. The stripping, wasting, or without the prior written 6, Erecting structures or allowing ~a obstruction. to air navigation, or a interfere with or be a hazard t the navigation or communication f~il Any use or activity that is TERM & A. TERM: The term of this Lease to the day of , 200_ 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. will continue during the month-to- Lessee's holdover with ten (10} daj~ A. RENT: The rent for the Premises City pursuant KMC 21.10.100 an s su applicable sales tax. The rent hall be a the term of this Lease. All p ents re annual rent exceeds $2,400, th Les ~ r. rent in equal monthly installmen , p 'a term of this Lease and thereafter at o t from annual to monthly shall result i th had the conversion not taken place. natural material from the Premises city. natural objects that would constitute an slny activity on the Premises that would raft, or interfere with air the Airport. by applid~b2~law or regulation, the _-day of , 200 i possession ofthe Premises after zo ing over will not operate as an nth tenancy, regardless of any fo erformance under this Lease or Lessee may terminate the per year, as established by the it nder Article V of this Lease, plus advance of the first day of each year of must be made in U.S. dollars. If the totice to the City, choose to pay the or before the anniversary date of the conversion of the payment schedule ss rent than it would have received AT"i ACHMENT A LBASS OF AIRPORT LANDS Page 4 of 31 City: Lessee: 49 B. REATT PRORATED: Rental for any ,period less than one (1) year shall be prorated on the basis of the rent payable under this Lease in t11e last full year previous to the prorating. C. ADDITIONAL REl`dT: In addition to the . nt specified in (A) of this Artieie, Lessee agrees to pay to the appropriate parties all levies as ssrnents, and charges as follows: 1. Taxes pertaining to the leaseholc~intere # of the Lessee. Sales tax now enforced or levied i~th fu ure, computed upon rent payable in monilily installments whether Lhe L e p s rent under this Lease on a monthly ar annual basis. / \ 3. All taxes and assessments le led i 'the future e City, as if Lessee was the legal owner a£ record of the rem'ses. 4. Reimbua•sen7ent for City constru to ~ p ovements n r Article XV. i D. PAYMENTS: The Lessee wall aloe chec ,bat ' drafts, or postal money orders payable to the City of Kenai and delive pa ~ tents to it ro'f 1Lenai, Finance Department, 210 Fidalgo Avenue, Kenai, Alaska 99611- 9A ° any oth Tess the City may designate in writinn to the Lessee. E. 1?~TTEREST: Begimtittg tle day after a e is due, 11 paid rents, charges, <utd 'Fees required under this Lease will aceru interest a th ate f eigh `rcent (8.0°/n) per annum.. ltterest on disputed. amounts will t b charge o '„ L see if `he dispute is resolved in the Lessee's favor. F. LATE PAYMENT PENAL Y: "I a ition t any:in est payable under Provision (E) of this Article, each time tle Lessee ils o a -any re o ~ fee'by the date required in this Lease, the City will clarge,, and tle Lessee sl 1 p , , a~ admim tre "ve penalty of ten. percent (10.0%) of the amow~t due and unpaid. G. COURTESY BILLIN S: Le ee ac to ge hat any billing statement issued by the City is provided only as a co esy. Tl Lesse is b ' at to pay all rents and fees when due, regardless of wlether or not tl Le 's re elves bi 'n "atement from'the City. I-I. LIEN AGAINST LESSEE: A r nt, barge, fe , or other consideration which is due and unpaid at the expiration, termina 'on, o a ellati ofthis Lease will lie a lien against the Lessee's property, real or personal. I. PAYMENT OF CITY'S COSTS: he ess e will pay all reasonable actual expenses, ATTACHMENT A LEASE OF AIRPORT LANDS Page 5 of 31 City: Lessee: 50 costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or protect this Lease or City's rights under this Lease, including any expense incurred with respect to enviromnental compliance, bankruptcy or any proceeding that involves tlae hessee, the Lease, the Premises, or improvements or personal grope on the Premises. The Lessee wits make payment within 30 days of the date of each notic fr m City of any amounts payable under this provision. J. PAYMEI~TT FOR SPECIAL SERVD for any special services or facilities the City obligated by this Lease to provide and wluc: A. RENT OR PEE ADJUSTMENT: Bed approximately five (5) years, the City shall, in by the Lessee under Article IV or other grouts. increases or decreases any rent or fee and 21.10.160. Anyy rent change by f. The Premises in its conditi the case of a lease renewal plus Any improvements not reimbursed by t No rent or fee change shall ~ notice to the Lessee. If the Lessee b the Premises, the Lessee may appeal B. CITY or in connection with, the Pre ises shF of establishing the rent under a} of thi,; reimburses the City for the Cit 's c ~zn ASST P A. INVALID WITHOUT` CITY'S a security interest in, by grant or iznpIi~ agrees to pay the City a reasonable fee form, which the City is not otherwise e nests from the City in writing. TT~E V OF EN' 2007 be estab shed shall be as n on e term ~ e en 'nn, the the 't s bs e at intervals of aion, a ju .the rent or a fee payable se. The `ount to which the City .accordance with KMC 21,10.100 on the fair market value of: date stated in Article III or in rg date for the original lease; that dale, the cost of which is the date of the City's written exceeds the fair market rent for under KMC 21.10.160. ~`vements constructed by the City on, apart of the Premises for the purpose ;e, as a condition of this lease, to KMC 21.10.110. The Lessee may not assign, sublet, or grant pie or any part of this Lease, the Premises, ATTACHMENT A LEASE CF AIRPORT LANDS Page 6 of 31 City: Lessee: 51 or auv improvement on the Premises without the written consent of the City. Any proposed assignment, sublease, or security interest must be written and must be submitted to the City bearing the original, notarized signature of ail parties. The Lessee may submit unsigned draft documents for the City's conceptual review. Ho ver, the City's conceptual approval of a draft document may not be construed as the City's co se to any assigaunent, sublease, or security interest.. All provisions in this Lease extend to / d bi the assignees and sublessees of the Lessee. , B. NO WAIVER OF CONSENT: The security interest will not waive the requiran other assignment, sublease, or security inter C. ASSIGNEE J LESSEE OBLIGATI N5: thafi the assignee accepts responsibility for 1 of I,.ease, including environmental Iiability and sp~ specifically releases the Lessee in writing, the .'t perforniing any obligation under this lease which D. OCCiJPANCY BEFORE CIT the Premises before the Cits~ consents E. CONFLICT OF PROVISIONS: Iu assignment or a sublease, the teens of this F. LESSEE NOT RELIEVED does not relieve or otherwise alter 7 's G. SECURITY Subject to the requirerx security interest in this mortgage, deed of si a. the the se to the c. the documents City. o se t to one assignment, sublease, or ' ' e ee to obtain the Gity's eonsenf to any t assignn en lust include a provision stating assignor's Le sec's) obligations under this ~i 'lity. Ho ve unless the City ay cold the L s responsible far assia ee fails to ' dorm. or sublessee may not occupy e in writing. of a cc~nil~t between this Lease and an `y's consent to any sublease this Lease. of this ~cle VI, the Lessee may assign a cunty ' crest maybe in Che form of a it o they ppropriate instrument, provided: Lessee's leasehold interest; to or create any interest in City's title the securit}+ interest are acceptable to the ATTACI3MBNT A i.CASE OP AIRPORT LANDS City; Page 7 of3] Le-ssae: 52 2, If the assignment of a security interest to which the City has consented shall be held by an established. lending or financial institution, including a bank, an established insurance company and qualified pension or profit sharing trust, and the lending institution acquires th essee`s interest in this Lease as a result of a foreclosure actimz or other remed o e secured party, or through any transfer in lieu of foreclosure; or through. se leme t of or arising out of any pending or contemplated foreclosure 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, provi d, e ansferee assumes all of the covenants and conditions required to be erfo 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 Iending instituti n sh 11 be reti e of any further liability under this Lessee. 3. A holder of a security interest t ~'s ase tourer to to by the City shall have, and be subrogated to, auy acrd al i s the Less 'th respect to tho curing of any default ofthis Lease by Lease F 4. lf., before any default ha oc urred in e rase, the holder of a security interest in this Lease consented to b the ity give th City a written notice of the holder's post office address, the Cit shal hereafte - a. by regulaz U.S. mail, s n t holde a c py of each notice of default at the same time the Cit g s n Lice o ault to the Lessee; and b not accept y Burr der or n er into ny modification of this Lease without the prior ~vri en con nt of ire _ lder, which the holder shall not normal exprrati n e to a fa b, remainder of t e teen f this a d all be effective as of the termination. o'F this Lease. City's g nt of e ~ Ica shall be subject to the following conditions: a. the new leas s 11 e fectiv on,the date this Lease is terminated; b. the new lease sh 11 r e same rent, additional rent, and covenants as this Lease; The City will enter into n~{/ le e of the Pr miser with the holder of a security interest consented to by th City, i e Cit t " inates this Lease prior to its v e Lea ` e. The new lease shall be for the ATTACI-IMENT A LRASE OF AIRPORT LANDS Pace 8 of 31 c;ty: Lessee, 53 c. By no later than the twentieth (20°i} day folIawing the termination of this Lease, the security holder must submit a written request to the City for the new lease, together with payment of all rent, additional rent and other sums then due to the City y'`i der this Lease. d. The security holder shall delivery of such new lea; those which would at the under this Lease but for reasonable expenses, c shall have been subjec~e e. The security holder a11, o: or peiform all the other blig~tion extent the Lessee fade to ~ erfq Lease. / >ay to he City, at the titne of the execution and s any ;` d all sums due thereunder in addition to ime o the execution and delivery thereof he due ~t to ation, and in addition thereto, any tdt 3 a and attorneys" fees, to which the City by reaso a such default. b. A holder of a security in ~es7 this Lease or enters into n obligations and, liabilities f t its Leasehold estate to an as 't€ qualified to undertake to per new lease and the City conse~ unreasonably wzthhel~. Iftlle withholding its cons~nt`~\a p arbitration. efore e xecution of the new lease, of the ss e under this Lease to the m them p 'or o the termination of this ;onse ed t ;~by the City that takes passession of lease w h e City shall not be released from the Lease o dt new Iease unless the holder assigns ~e who is t an Tally capable and otherwise at obse th conditions of this Lease ar the th sig nt. The Gity's consent will not be e u ' ~ h der ass 'that the City is Lmreasonably ~p e ssi Went, the dispute shall be resolved by IJTILITIIJS A. MAINTEI',tANCE At no cost to the Premises the Premises and ali improvements on )reasonably determined by the City. 2. At no cost to the 'ty, th L see tivr p vide for all maintenance and services at the Premises as ma be a ss y to ' ri to the Lessee's compliance with this Lease and the Lessee u o th Prernr s. 3. The Lessee shall comply ith 1 ra ulations or ordinances of the City thaf are promulgated for the promot n f sa' tfation. At no cost to the City, the Lessee ~' A"CTACI-IME7VT A LEASE OF AIRPORT LANDS CiCY; Page 9 of 31 E Lessee: 54 shall keep the Premises in a clean and sanitan~ condition, and control activities on the Premises to provent the pollution of water. 4. The Lessee agrees to comply Airport Manager regarding n of the Airport by the Lessee. decisions and directions of the City's ice and operation of the Airport, and the use B. SNOW REMOVAL 1. At no cost to the City, the Les ee is~s n 'bie for snow removal on the Premises. The Lessee shall d's se of sn w t an off-Premises location approved in writing by the City or pro ide , itahle sn w torage within the boundaries of the Premises in accordance ith al applicabl fe ral and state laws. At the request of the Airport Mana„ r, .. Lessee shal su it a snow removal plan for the Premises to the Manager f r ie Upon. ap ro al of the Lessee's plan by the Airport Manager, the I,essae h o duct all st w emoval operations on the Premises in accordance with the a raved lan. 2. Lessee shall not deposit no on an ap on,'f taxiway, safely area; or other airerafl- maneuvering surface pro ~de or comm h •e by others without the prior written approval of the Airport M alter. 3. Lessee agrees to not allow an c u lion o no on the Promises that would cause interference wi adjoinin ~ eh dars a ,her users of the Airport. C. IJTILITIES. Unless sped cally culled therwise ' this Lease, the Lessee shall, at no cost to the City, provide for all of ifies t th Premi s nec ss y to facilitate the Lessee's use of the Premises. ~RTICL VIII O TI TS A, OPERATIONS ON dE AIRP RT: e e ee ,'ll ensure that the Lessee, its employees, guests, contractors, ub'c ee and v rs ,tt perform any activity or function authorized under this Lease shal a o a anne h ensures the safety of people, the protection of public health and the n ' or ne t, and to afety and integrity of the Aitport and the Premises. ATTACHMENTA LEASE OF AIR,P02T LANDS Page 10 of 31 Citv: Lessee: 65 B. LESSEE'S CONTROL AND RESPONSI$ILITY 1. 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 f, o -under the authority of the Lessee on the Airport, including the Premises. 2. The Lessee will immediately no' malfunction or other occurrence harm to public health or the er~. Premises. // vv of any condition, problem, is the safety of people or the Airport, the safety or integrity of the C. RADIO INTERFERENCE: The L device that interferes with any governmen the cause of the interference is eliminated. D. WILDLIFE: The Lessee acknowledges an airport constitutes a significant bazar to air. Premises clean offish slime, fish avast or y wildlife. The Lessee accepts fu71 respon •ibih take aII reasonable measures to prevent a nee E. PARKING: The Lessee wilt provide space on the Premises for Lessee's onthe Airport as may be approved A. HALARDOUSSUBST use of any machine or liver, or navigation aid until t t a con entration bf~ irds or other wildlife on ;ra per "ions. The Lessee agrees to keep the other at' ial that might attract birds or other to main in he Premises, control operations, and irtration o hi s or other wildlife on the Premises. hits e ipment, and aircraft parking or col t 'e parking to such other places Eby the Airport iVlanager. AL The Lessee wi~l cond t it bu. ~ne d operation on the Premises in compliance w' all envt onrnen 1 an ,permits. Ifhazardous substances are handfed on the e as , t e Less e a e ,io have properly trained personnel and adequate procedu s r fe stori ispensing, and otherwise handling Hazardous Substan s a o ante i ,all applicable federal; state and local. laws. Lessee will promptly give 'h. C ty atice of proceeding to abate or settle matters relating to the presence of a . a do s Substance on the Premises or from ATTACHMl'sNT A LEASE OF AIRPORT LANDS Page 11 of 31 CiEy: Fes-see: 56 Lessee's operations on the Airport. The Lessee will allow the City to participate in any such proceedings. B. ENVIRONMENTAL INDEMNIFICA If Contamination of the Premises or other prop Lessee's operations an the Premises the Lesse< harmless from. any and all claims, ,judgments, c losses, including, but not limited to, sums paid fees, and expert fees, which arise during or a .i Contamination. This indemnification of the t incurred in connection with any investigatio < removal, or restorafive work required by ~ f. because of a Hazardous Substance being pr e or other properties affected by the Contamina' C. REMEDIATION In the event of a immediately notify the C}~y Conversation and act, prod any damage, absorb axed cle: condition satisfactory to the portions of azly envirp.I\men' 2. in addifion to any tices i notify and copy fh City A. Any permit, ei o~ regulatory actirn in Environmental La B. Any clam de or from Lesse 's c result fri'~ C. Any repo n agency ansi on, or remov warnings, or Remediation and ATTACHMENTA LEASE OP AIRPORT LATS-S Page 12 of 31 ty by Hazardous Substance occurs from the vill in 'emnify, defend, acid hold the City page 'penalties, fines, costs, liabilities, or ett e ht of claims, attorrxey's fees, consultant th '' this Lease as a result of such. by Lass e i oludes, but is not limited to, casts ite condi 'on or any cleanup, remediation, e a1, state, o Io l govenzmental agene}~ ~ the soil or o dwater or raider the Premises stance i on the Premises, the Lessee udll the Ala apartment of Enviromnental its sole x' rase, to confain the spill, repair, t spill ar d restore the Premises to a d herwis co ply with the applicable the Lessee will immediately clean tIr on 57 removal or other governmental or or threatened pursuant to an anyvperson against the Lessee or arising razed by this Lease, relating to damage; or Jm'Y resulting, from, or claimed to ~ c es in, vn, or under the Airport; or "of, Ilse Lessee to any envirorimentaI ion with any Hazardous Substances in, including any complaints, notices, area must meat all applicable City: Lessee: 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 inve~ information gathered or analyzed. as part of or characterization or audit on the'Premises or the performed after the starting date of this Lease. information to the City within 60 days fn11o ~i Lessee. f E. RELEASE OF LESSEE The City releases the Lessee from liahilit3~ to'G~ Hazardous Substances that existed prior to the materially contributed to by the Lessee, SURVIVAL OR OBLIGA The obligations and duties of the City cancellation, termination or expiration A. INDEMNIFICATION The Lessee will inda~ agents, and employee administrative eti injunctive reli for pe obligation far ropen or grant agreem nt, any acts or comet si customers, invitees premises demised or This indemnification settlement of claims, expenses, directly or fa, test results, reports ,and any other to any Environmental Assessment, rat Lessee performs or causes to be will submit the data, result, report ar which it becomes available to the and the. presence of s lease unless caused or under t~tic~le IN of this ]ease shall survive the ~' \ 1 ve iarmless a defend the City, its officers, ro and a ~nst an d all liabilities, losses, suits, lai , a ards, 'udg tints, fines, demands, damages, hies o an atur or kind to the full extent of the loss or nape, era 1 in'pry, death, violation of any regulation ny ther i 'ur ~ o ` m resulting from or arising out of 0 omisst n v the Lessee, his agents, employees, 'si t of t L ssee's occupation or use. of the v eg s anted, ` d to pay all costs connected therewith.. he t ~ h the Lessee shall include sums paid in o eti_ e s, onsuhant fees, expert fees, or other costs and line iv isin~ from, connected to m-on account of tlvs ATTACHMf NT A LEASE OF AIRPORT LANDS i{' City: Page 13 of 3 i ,. Lessee: 58 Lease as it relates to the Lessee, the Lessee's activities at or relating to the Airport, or any act or omission by the Lessee, or by any of its officers, employees; agents, contractors or sublessees. These indemnity obligations are in addition to, and not linxited by, the Lessee's o 'ration to provide insurance, and. shall survive the expiration or earlier terminati n this Lease. 2. The Lessee shall give the City p matter affecting the City to whist copy of any letter by an attonxey in court, and any notice or co p have the right, at its option, t~j s settlement negotiations of any of its obligations 3. As to azry atnount paid to other' respect to which an act or orris Paragraph 1 of this seetian, the according to the principl of e subject to apportionman ac r Lessee and the City shall. eek to apportionment of fault ~ be 'between the City and the Le e person who is not a party tot ' `tice of any suit, claim, action or other "•aph 1, above, may apply, togethor with a of a complainant, uiy complaint filed regulatory agency. The City shall rte oo eratively in the defense of, and such a er, witixout relieving the Lessee tal inju ~ o roperty damage with City is a a cause, notwithstanding he Crty sh ~ reimburse each other fault. If liability to a third party is arative fault under this provision, the h achieve nor.-judicial agreement as t I s. 'T'his apportionment of liability be o •ued to affect the rights of any xg to good not B. II~'SliRANCE: At no expe se the City the term of this Lease, insurance o the ty e and 1 specific limits are set, they will b the t mt um contains higher limits, the City wil be anti 'le to the time insurance is obtained by the e ~e a i rated "A-" or better by A.M. Best. The 'olkbwi ' following minimum amounts: Commercial G neral,l damage, prod cts and death, broad-fo e r. $1,000,000 comb e or the commercial ': not exclude of the Le: name the City as an ac 2. Commercial Automobile ATTACHMENT A LEASE OL' AIRFORT LANDS Pnge 14 of 3I 59 I~obtain and keep in force during by this provision. Where ts. If the Lessee's policy e extent of the higher limits. At be by a company/corporation ;uranee are required with the ;mises, all operations, property y and personal injury and 'currence limit of not less than ase authorizes the Lessee to aviation fuel, the policy must tivities. This policy must not less than $1,000,000 City: Lessee: combined single limit. per occurrence. This insurance must cover all owned, hired, and non-owned motor vehicles used by the Lessee. 3. Workers Couipersation Insure for all employees, coverage as applicable, any other statutory subrogation against the City. Lessee will provide and maintain, under AS 23.30.045, and, where yrs. The policy must waive 4. The Lessee will provide the City form of an insurance policy or a proof that the premiums have litttits of coverage secured. 11 i provide that the City be noti led cancellation, or material ch e ith roof of insurance coverage in the ' 'c to f insurance, together with paid, s o 'rig the types and monetary arance r u d by this provision must Least 36 de's for to any temainafion, 5. If the Lessee's insurance oovera 1a~es r is cane e .Lessee will immediately, upon written notioe ~ the C ' ,halt all eratiors mi the Airport, including the Pr Ises. The ess ,` will not resume operations until the City receives e~de ce that th L ' see has obtained current insurance coverage meeft g th require n of this Lease. 6. The Csty may, at intervals of~ date of the term of this Lease msurance requireme s revise the insurance eqi Lessee's operations any change in applicab e lav than fi ~ ars from the beginning ~ written o 'ce to Lessee, revise the r 's Leas Citd s determination to 1~e b sed on`the risks relative to the rdelines dopted by the City, and any 7. If the Lessee sublease3 provisions of this Lean the insurance coverage A. COMPLIANCE W1TI-I LA ': e: and regulations of public authorities o ~ Premises or the sidewalks, alleys, scree . structures, fixtures and improvements or ordinances, and regulations which may be ATTACHMENTA I,.E'ASE OF AIRPORT LANDS Page IS of31 rtio o the Premises under the will r q ~ e the sublessee to provide to ~e Less e .`rider this Article X. e m ly with. all applicable laws, ordinances, :r i ,` y manner affecting the Airport, the adjacent to the Premises, or any buildings, reof, whether or not airy such laws, enacted involve a change of policy on the City: Lessee: 60 part of the governinental body enacting the satne, Lessee agrees to hold City financially harmless: 1. Prom the consequences of any regulations; and 2. From all claims for damages on resulting from such violation. B. UNLAWFUL ACTIVITY: The. business, or trade to be conducted on the including zoning ordinances, rules and rE C. LICENSES AND PERMITS: The pay alt taxes and special assessments lawfully and charges assessed under applicable law. No challenging any taxes or special assessments to D. LITIGATION: The KMC, inch the State of Alaska will govern in any d~ continues after exhaustion. of admhiistra 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 r. occupancy or the terms of this Lea. prevent Lessee from contesting any ordinance, or regulation. F. PARTIAL 1NVA declared by a court of cc terms, provisions, condii declaration. had. not been of such laws, ordinances, and/or injuries, death, or property damage s~n t p mit any unlawful use, occupation, contr any law, ordinance, or regulation, will obtain a n essary licenses and permits, o~sep~ upon the`~re ises, and pay other fees a n zs Lease e nts the Lessee from ited thereunder, and the Iaws of and. City. If a dispute must be brought in the eouns a IawfuPt~a es and assessments which, p or ich may be levied by the State, o a ry taxes le possessory right which Lessee on he Pr i s by reason of its use or ewe r, t'` r`thing in this provision shall tax ors ssment under any applicable law, auy t ov'§ion, cdidition, or part of this Lease is ' fiction o~~~~1 or unconstihttional, the remaining s all con 'n fu ..force and. effect as though the A. CANCELLATION: The City Lease and recover possession ofthe F ATTACHMENT A LEASE OF AIRPORT LANDS Page I6 of 31 days' written notice to the Lessee, cancel this Hof the followhrg violations occur, unless the cny: Lessee: 61 violation is cured within the 30 days: 1. The Lessee fails to pay when due the rents, additional rents, charges, or oflier sums specified in this Lease, inclu~'rrg any increases made under this Lease. 2. The Lessee's check for pa}nnent f any um due raider this Lease is returned for insufficient funds. 3. "I•he Lessee uses or authorizes the se f t e Premises for any purpose not authorized by this Lease. 4. The Lessee fails fo 1ullq per( rm d comp ~ 'th any provision n~ this Lease. 5. The court enters a judgment fin ~ Iveney agai t e Lessee. 6. A ttvstee or receiver is appointe fo ze essee's a ~et in a proceeding brought by ar against the Lessee, or the Le ee file ,a volurn ' etition in bankruptcy. 7. Failure by the Lessee to ly with y ~ nd development or permanent improvement constructio req 'red by tl s ase. B. ENTRY AND R&ENTRY: Iu the v t t t the h se hould be terminated in accordance with this Article XII, or by summ ro adings r hercvise, or upon the Lessee's abandonment of the Premises or a p ion of th i s, the i ` or its agents, servants, or representatives may, immediately an ' time th e r, -enter,`and resume possession of dle Premises or portion (hereof, and r ove (perso and pro rty therefrom, without being liable for any damages therefore. No re entry„ y 7e City hall b . de ed an acceptance of a surrender of the Lease. C. CONTINUING OBLIGATIO_ L TI ' PREM VACATED; The Lessee wilt continue to pay City rent after the expira'on, term" ation, r `ancellation of this lease and to abide b}~ the lease obligations, nc ding' pr vidi p of of ' ~ surance coverage, through the date hessee relinquishes possessio of an compl el cat the Premises. City will consider the Premises completely vacated 'f die Les e has; I . Remediated any e vi n en 1 con ration for which the Lessee is responsible; arid 2. Restored the Premises t a ea ah cleanfphysical condition acceptable to the City. ATTACHMENT A LEASE OF AlltPOF`F LANDS City; Page 17 of31 Lessee: 62 D E. REASONABLE CURE 1. In 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 3D-day notice period, e ssee begins and continues expeditious action to cure the violation. Z'he ity 'll determine if a violation cannot be reasonably cured within 30 days and w ~ht constitutes expeditious action. ~. In the case where, in City's sole an inuninent threat to the airp n wilt direct the Lessee to stop to cure the violation, or the zty Article. RIGHT OF CITY TO PERFORM_ 1. lf, after 30 days following notice required by this Lease, t City v perform any or all such cti s rE Lessee. The City will no take ~ expeditious action to perfo an~ reasonably completed within 3~ determine what constitutes ex et reasonably perfozme in 30 day for the expenses inc rre by the required action. T Less will from issuance. 2. If Lessee fails or refu threat the City will have h such actions required to e reimburse the zty ' r any reasonably inc rred b the F. WAIVER: A waiver Lease will not operate as a waiv o City is not required. to provide notz e t under this Lease. The waiver by the rt relied upon unless the waiver is in writ; insist upon the strict perforrzzaziee by the retinquishznent for the future, and the pr ATTACHMENT A LEASE OF AIRPORT LANDS Page IS of3l Lessee's violation is considered or safety, or the environment. City iiateIy and may reduce the period b,violation pursuant to (E) of this ssse fails or rises to perform any action ve `e right, but not the obligation, to b `this Lease at the sole expense of the f e essee begins and. continues m r m ed by this Lease that cannot be The 'ty iIl, at its sole discretion, action ~f an action cannot be 'ty wiIl (mit to the Lessee an invoice n th erformance by the City of any re am nt of each invoice within 30 days n any e `on that has been deemed an imminent but not 'he bligation, to perform any or all u~ cone t e imminent threat Lessee shall cludine le '`l fees and administrarive casts correct the inuuinent threat violation. any :fa t~#v ~he Lessee of any provision of this seque t ault. If the City waives a default, the L see to es ore ar revive any term or condition provis' 'n in this Lease cannot be enforced or si ed on behalf of the City. The City's failure to s e of y provision in this hease is not a waiver or io wil continue in full force. city: Lessee: 63 G. AIRPORT CLOSURE: L If the City closes the airport to Lease will remain in full farce 2. If t17e City closes the Airport to i~ but not permanently, and this L <. the Lessee may, upon written aoti retain the Lease and receive a iffy portion of the closure that ex e 3. If the City permanently clos s the (a} this Lease is for aviatio 0 terminate this agreement {b) this Lease is for -av~ have the Lease t rrmr at light of the City's esi': I',essee's request in rid H. DISASTERS The Lessee ar City may cancel this lea upon 1. the Premises be under this lease iation~su~port uses, the Lessee may notice t th City: or e Lessee may request in writing to will consider the I essee's request in Sher terminate the Lease, or deny the to tie other party if; no ~aultyof either parEy and. performance 2. the Airport becomes un aI?I(: pugh no a t of either party and the performance under this le se beco es imp ss able. If the Lessee e}ects in writing at it '}i can ' u op ate after notice from City to Lessee that the AirporC has became unus bye; the L sec's b} a 'ons nder the Lease wi}i continue, but City shall be under no obligati t ~a fir e to p rf Causes for termination of the lease r is rovrsr rr 4 3) include acts of God, the public enemy, and the United States. I. 'NATIONAL EMERGENCY: }f e era. government declares a national emergency, neither party may hold the other liable £or y ' abi.ity to perfoxm any parC of this Lease as a ATTACHMENT A LEASE OF AIRPORT LANDS Page 19 of 37 ~fC operations for sixty (60) days or less, this ct without adjustment aft ,`perations for more than sixty ((6} days, is ~ r aviation or direct aviation support uses, t~~th City, either terminate the Lease or st>f°~e~ u cent rent zeduction or credit for that to a~irer~ft operations and 64 can-: Lessee: result of the national emergency. J. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XII; Lessee shall, on the last day of the term of this L e (including any extension or renewal thereof} or upon any earlier termination of this L as surrender and deliver up tha premises info the possession and use of City without fraud or elay r good order, condition, and repair, except for reasonable wear and tear since the last nec nary r ; air, replacement, restoraticn or renewal, free and clear of ali lettings and occupancies u ess ex'ressly pern~itted 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. ~ g:III A. USE OF THE AIRPORT: Except as ~}C facilities without the written consent of the Cit use of areas designated by the City for specified automobile parking areas, and streets. B. COSTS AND EXPENSES: Co: limited to recording costs, shall be paid C. CARE OF THE PREMISES: The Less order at the Lessee's own expense, owing nod removing ury material therefrom, ifh t write the term fixed, or airy earlier fermi ation the and sun~ender the premises to tha ity. ~ D. CONSTRUCTION APP Premises by the Lessee must be authorized under this Lease, as written approval before placin r demolishing any improveme s modifications, or renovation f the Ciiy detailed drawings of t together with specifications or Lessee will submit to City evida an • re ular use of Airport lands or . Thi r , ibition shall not apply to such as ,`ssenger terminals, to this lease, including but not keep t e emises clean and in good waste, r destruction thereof; nor pis ' n of t' e City, At the expiration of the L see will peaceably and quietly quit RO L~~ ..TAN A DSO` Any building constmetion on the compa bl rt :its sun• n ings and consistent with the uses ietermin by the ity. Th 'essae must obtain the City° s r ateria be •nni any d-development, or constructing or on th Premi s, be re begirming any alterations, ~xistine etu s n to emises. The Lessee musf submit to ,p , se Bevel m n , iteration, modification; or renovation, o e n rmati City reasonably requires. Further; the ;net o he e ee's c m ,Liance with Federal Aviation Administration regulation 14 CFR E. LEASE SUBORDINATE TO agrees that City may modify this Lease to ATTACHMENT A LEASE OF AIRPORT LANDS Page 20 of 31 REQUIREMENTS: Lessee requirements for Federal or State grants, City: Lessee: 65 or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. F. RIGHT TO ENJOYMF,NT .AND PEA( covenants that the Lessee, upon paying rent an. conditions of this Lease, shall have the right to enjoy the Prerises, except that the following s or peaceable possession: POSSESSION: Citq hereby agrees and ing other covenants, terms, and rd peacefully hold, use, occupy, and ~nstrued as a denial of the right of quiet. Any inconvenience caused 2. Any other entries by the Cit~on provisions of this Lease. G. NO PARTNERSHIP OR .IOINT VEN the City shall not be construed or held. to be a the Lessee's activities or business on Lessee is, and shall at all times. ramai H. DISCRIMINATION7: The Lessee religion, na#ianal origin, ancestry, age, or employment, or other person or group of law. The Lessee recognizes the rig of t provision, including actions reduir d p~ 1. AFFIRMATIVE ACTIO If undertake an affirmative action pro ra participating in any employment acti ' color, national origin, or sex. No persc or receiving the services or benefits of further agrees that it will requ~ e r~ effect that they will also nude .ake a: suborganizafion(s) as require by 14 Tenant shalt use the premise pursuant to title 44, code of Federa 2I, Nondiscrimination in Federally- Effectuation of Title VI of the Civil in or akrouL the Premises: and Premises`~esAtved or authorized. under other ~I~ATED: Y~ is~xpressly understood that or i tut venture f Lessee in the conduct of ses. The r 'lationship between the City and the that o an` lord and tenanC, respectively. crin 'na an the grounds of race, colox, any p o employee, applicant for y man r rohibited by federal or state k y ac ~ ° necessary to enforce this cede 1 or state law. by 1 CFR, ar 152, subpart E, tihe Lessee will P one wt' all other requirements imposed by or s, DO ubtitle A, Office of the Secretary, Part crams "the Department of Transportation- dof 1964, acid as the Regulation may be amended. ue tha no der `will be excluded from ed by ssee on the grounds of race, creed, ~'. exclude o these grounds from participating in =.rv or acts i ; covered by subpart E. The Lessee a 'on prov ~e assruance to the City to the same a r pr Grams and. regrure assurances from theiz ~ 5 b a E. ATTACHMENTA LEASE OF t11RPORT LANDS City: 9' Page 21 of 31 ( Lessee: 66 J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms, conditions, and agreements of the parties and supersedes any previous understandings or agreements regarding the Premises whether oral or written. No modification or amendment of this Lease is effective unless in writinn and signe~on behalf of the City and. the Lessee. K. RIGHT TO ADOPT RULES: City res< reasonable rules and regulations governing the not he liable to Lessee for any diminution or de under this Lease; on account of the, exercise of Furthermore, the Lessee shall not be entitled o leasehold estate created under this Lease, by reserved under this provision, unless the ex ci occupancy of the Premises as to constitute tei operation of law under the Laws of the State f to the states. L. LESSEE'S OBLIGATION TO permit any liens including, but not tirni obtainable or available under the then s improvements on the Premises for any been furnished to Lessee or to the Less work of any character performed or cla improvements by or at the direction. or have the right to provide a bond as c n amount of any such lien or chime lie•. the Lessee witl immediately pay y jt shall have such lien released or ju gmc M. CONDEMNATION: In the and taken for a public or a quasi-pu arising from the condemnation or tz to agree upon 1. the division o the pre Z. the abatement it rer~ Lease; and 3. other adjustments t all the circumstances. th nght to adopt, amend, and enforce ort including the Premises. The City shall t1i t1 of possession, or of Lessee's rights t authority reserved. underthis provision. e t e whole or any portion of the of th e rcise of the City's autharity of s m rferes with Lessee's use and ~n; in ho or in part, of this Lease by and oft cited States made applicable ?VEN AND ,MOVE NS: Lessee will not to, mech ics';.laborers', or materialmen's liens g laws, t s '' d against the Premises or or materia n fished to Lessee or claimed to have \agen .contra or or sublessees, in connection with ;d~tO,ha been p fo ed on the Premises or ffer i o essee. ro rded, however, the Lessee shall nplat 1 lea [a ~d contest the validity or Upon a h de 'nation of the Lien or claim for lien, cnt ren e.ed wit all proper costs and charges and sa isfied a LessG~'s expense. AT'CACHMENT A LEASE OF AIRPORT LANIJS Page 22 of 31 raises r y part thereof shall be condemned upon p vn nt of any awazd or compensation ~id the e see shall make a good, faith effort or any extension of the term of this upon as being just and. equitable under City: Lessee: 67 lf, 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 arbitration. N. SUCCESSORS IN INTEREST: This L benefit of the respective successors and assigns limitations on assignment as are provided for ir) 0. NOTICES: 1, Any notices required by this personally or mailed by cert: mailed notice a. must be addressed to tH~ page of this Lease or to t (2) of this Provision (O); b. shall be deemed branch post offic 2. The. City or the Lessee may,' they will receive notices by T 15 days priox to the e ective be delivered accordr e t the P. RETENTION OF RENT, breach by the Lessee, the City sh Che Lessee City as partial or total Q. FIRE PROTECTION: The take all necessary action to su pre regcilations, and rules promulgated R. PERSONAL USE OF A'I or in any deposit of stone or gra 1 ~ Premises or in the rights granted b Premises for use elsewhere any tirrit valuable for building or commercial must on to city be binding upon and shad inure to the ties hereto, subject to such specific ng and must be delivered in a prepaid envelope. A parry h~h~ddress written. on the first dress de 'u ted in accordance with it is deposited in a U.S. general or signate a new address at which a y with written notice at least 'n address change notice must in ~I) of this Provision (,0). ores this Lease because of any the rental payment last made by will all re a 'able pracautians to prevent, and rve r u ontro fed fires and comply with ail laws, dthe ity for $re protection on the Airport. in ien coal, oil, gas or any other mineral, ex ac 'on or utilization is included in the The es e shall not sclI or remove from the -avel, p ;~t moss, topsoil or any other material ATTACxrut~rT A LEASE Or AIRPORT LANDS Pale 23 of 31 csry Lessee. 6S S. APPROVAL OF OTHER. AUTHORITIES: The granting of this lease by the City does not relieve the Lessee of the responsibility to obtain any license or ,permit as may be required by federal, state, or local law. T. EXECUTION BY THE PARTIES: T Lessee, or a duly authorized representative of City. is of no effect wiles signed by the ad an authorized representative of the U. CAPTIOIQS: The captions of the pre do not necessarily define, Limit, describe, or V. RIGHTS OF CONSTRUCTION: T'i available far private use, while at all threes rc possible. Following the rule that transfers construed in favor of the public property Ian Lease wilt be strictly construed, and all rights intarestwill be liberall}~ construed.. W. LESSEE this Lease and fully understands its terms opportunity of advice by separate legal a acknowledges and agrees that the Wile of against the drafter will not apply to this I X. APPROVAL BY LESS be unreasonably withheld. The. responsibility cr liability to con SURVEY, A. SURVEY: The Lesse~ is the physical location of the bo~und thereon, including clearing gru~bi the Premises shall be performed Lessee shall famish the City with or on behalf of. the Lessee. B. IMPROVBMENTS. 1. REQUIRED ATTACxn~ENT A LEASE OP AIRPORT LANDS Page 24 of 31 Lease are for convetiience only and ntents of any provision. is int d to make public propety the pu is ' terest to the greatest extent in public ro erfy are to be strictly ~hts gruff d the Lessee under this rt and the p to tions of the public The Les ee " elrnowledges that the Lessee has read the Less h s been fully advised or has had the el, red voh tar' executes this Lease. Lessee also ~ret ion and ich a document is construed it of the''Lessor by this Lease will not not ~ ive the Lessee's legal `ed~,ral d state laws and regulations. BOND a at sole expense, to confirm or establish m s pre , to beginning any construction tan e onmental sampling. Any survey of ey r istered in the State of Alaska. The plat o a y survey performed on the Premises by, no cost to the City, Lessee agrees to City: Lessee: 69 complete land development and construction of Permanent Improvements nlcluding , by ne later than with alt appraised value of at least $ In addition to e as-built drawings required by this Lease, the Lessee must submit to the Cit w 'tten evidence That the Lessee has completed the land development. and consct- cted t provements on the Premises with an aggregate cost or investment. of , of less ' an $ The evidence of cost must be sub ttt t the City within sixty (60) days of the completion. of the deveIopmer}t and -. , p •ov nents, but by no later than a. Costs considered to and th;' aggregat co of permanent impravcments include building con ct ' n, design, la or, iaterials, materials shipphig, permits, equipment; so te" in environrn nt baseline report, and environmental assessme dt t related to he onstruetion; premises and as-built surveys; site pt parati , includin * excavation, geotextile fabric, filling, gr ng, fill m eria] gravel, and pavement, remediation of envirommental c nta ination nl ` s Lessee caused or materially eoniributed to the on ination utility connection costs. b. The cost of P (i) work and (ii} work, by the Lessee: and reimbursed by the City. 2. FAILURE TC CO~ the required constru t including any extensi will forfeit, any bond City will _ ?'RO EM " if the Lessee fails to complete the tit e a `o ~ under (B}(i} of this Article, ~thc Ct ill execute against and the Lessee i rantee o ve by the Lessee and, as applicable, a. b. reduce of the z that is consistent with the portion 3. APPEARANCE: Wli neaC, presentable, and this Lease, as determs LEASE C)F AIRPORT LANDS Page 25 of 31 a1I ~s~iprovements on The Premises must be th the authorized use of the Premises under City: Lessee: ?0 4. CITY APPROVAL REQUIRED: The Lessee must farst obtain the Citys written approval before beginning any land development, construction or demolition of any improvements nn 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 compIi ce ' ~t the FAA regulation 14 CPR Part 77. 5. CI"fY APPROVAL WITH alteration, modification, or 's approval of any eonstruction, lot be withheld unless: a. the Lessee fails to de on rate adeq at mancial resouxees to complete the project; b, the project plans, spe ific 'ions, and age c pprovals are incomplete; c. the proposed project w ul ~ res t in a vio do of an applicable ordinance, regulation, or law; d, the proposed project wool 'nterfer with or i ' "compatible with the safety, security, intenance, or o `ration of the airport; e. the proposed. pro ect ' inconsis en `with the Airport Master Plan; f. the proposed proj ct is ' consist t ith the terms of the (ease, zoning ordinances, or the 'ty's ompreh si e Plan; g the project plans do t suffici t ovision for drainage, aircraft, vehicle, and equipmen 'n or for o =storage; or h. the proposed oject doe n co orm to 'nerally recognized engineering rin ' tes or i abl re or `building codes. 6. DEMOLITION: P for t an demob ion of tructure(s) on the Premises, Lessee will deliver Ci 'v itten sc pe s`f trk that, at a minimum, lists the struetuxe(s) that are to e e o 'shed an t timeframe for demolition and removal of the debris fr e A rporC. 'ty ill review Lessee's scope for demolition and issue Less e writte pprov 1 'or the work to be done. 7. BUILDINGS TBA No ui i r or ther permanent struoture may be constructed or laced wi 'n tw t} _) fe t of any lot line of the Premises without Cify's for ' tte appro a1. In dition, no building or other permanent structtue maybe n ru 'e r plat d 'thin feet of any boundary line a th P m es wh h , onts on a iandirig strip, taxiway; or apron. 8. AS-BtT[LT DRAWINGS. 'th`n 'xty (6G) days af¢er completion of construction or placement o i rov menu upon the Premises, the. Lessee will ATTACHMENT A LEASE OF AFRPORT' LANDS Page 26 of i 1 City: Lessee: 71 deliver to the City a copy of an as-built drawing, acceptable to the City, showutg 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 urface of the Land with adequate surface markers. The type, quantity.. and is ice between such markers wilt be subject to approval of the City, 9. AIRPORT SECURITY FENCI G: If ` y construction by the Lessee requires a realigmnent or alteration of an exr'Yin se urity fence on the Premises or boLmdary of the Premises, the Lesse ' ee to realign or alter the fence u1 a manner approved in writing h e Airpa agar. Anytime Elie fence must be breached to allow the Lessee to c plete i r ement construction or fence modifications, the Lessee sb 1, at e Lessee so e expense place temporary barriers to maintain the secu 'ty o the Airport, s termined by the Airport Manager. If damage occurs to s ~ fence on h remises or bomidary of the Premises in connection with Elie es, e'- use or occ pa ion of the Premises, the I,,essee shall promptly repair the fe ce tot saiisfacn ' of the Airport Manager. 1Q. DAMAGE TO IMPRO E :,NTS: I e ` ee's improvements on the Premises are. damaged or destroye Les e will c s the improvements to be repaired oa rebuilt, and restored to no al fu ction wi ~ vn ~o (2) years following the damage or destruction. If th L s fails to im ly rebuild or restore the improvements, the City may, i a discret n, ither reduce the term of this Lease cormnensurate ith t!re e i e alue o 1' Lessee's remaining, fully functional improve ent on the e~ i es, r cancel this Lease. 1. DAMAGE NEAR XPI ION: Less . 's ' , provements are damaged to the extent that more tha 50 % f t e spat is r~u. -~le and the damage ocetus within five years of the expir do o t term o t s Lease, Lessee may remove the damaged improvements, re re ,~e Prem e raid terminate this Lease. C. PERFORMANCE BO. D . Prior t beg' nin the c 'nshuc6on of permanent improvements required under (B}(1} i'"this i ,the essee shall submit to the City a performance bond, deposit, n ~ other sec city in e un f $ .The form of the bond or other security shal e u~'"H~'ec o the it}'s "~ovaI. ATTACHMENT A LEASE OF AIRPORT LANDS City: Page 27 of'31 Lessee: 72 D. SURRENDER ON TERMINATION: Lessee sitall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrenderand deliver upon the premises into the possession and use of City without fraud or delay in. good order, candition, and repair, except for reasonable wear and tear since the last neces y repair, replacement, restoration or renewal, free and clear of all lettings atzd occupancies unl se pressly permitted. by the City in writing, and free and clear of all liens and encumbrance other an those created by and for loans to City. Upon the end of the tens of this Lease, i cludin zany extension or renewal, or any earlier termination thereof title to the buildings, impr vemen' and building equipment shah automatically vest in City without requirement a ny de d; conveyance, or bill of sale thereon. However, if City should require any such do omen' '~" on ation hereof, Lessee shall execute, acknowledge, and deItver the same and shall p any ch e, tax, and fee asserted or imposed by any and all govermnental units in connectio hei with. E. NOTICE OF CONSTRUC".LION: e L r~see agrees t no 'fy the City in writing three days prior to commencing any construction p je t v ued in exc ss f S 1,000.00 on the Premises. The Lessee agrees to assist inthe po in f notice of ioi respansrbility and maintenance of the notice on the Premises during onstru Pion. Less agrees that in the event the Lessee fails to notify the City as req ' ed by thi Prov tsion (f), the'Lessee shall indemnify the City against any materialmen's Liens as e ed in A 34, 5.050 which arise as a result of construction on the premises. SPI'rCIAO xSION,' A. CITI' COIv'STRUCTED I PR VEME~T~> ~ ~~ l.. ALT'ERNATIVB lease is signed. (a) As part of the ex hake `, consi City's ex apse, ea ~e the fo ov< in cone cti with t Pr~nis (i) (ii) improvements after the of this lease, the City will, at the ovements to be constructed on or (b} The City's total ~ $ \ ATTACHMENT A LEASE OF A3RPORT LANDS Page ~8 of 31 gprb~iement construction. shall not exceed the Lessee's written eanourronce. 73 City: Lessee: (c) The Lessee shall reimburse the City for the City's cost of constructing the improvements. The rehnbursement sha11 be made in ten (10} equal annual. payments, plus interest at eight percent (8%) per year on the unpaid. balance. TheLesseemay v the entire remaining balvice to the City earlier than. due. (d) Alter completing the im roverr notice of the City's total ost of date on which the Lessee' ei date shall be no earlier than ii The Lessee's annual r i burse shall be made tc the ity v no the first payment wa due. ~ (e) railure by the Lessee through (d) of this pry by the City. 2, ALT)/RNATIVE TWO ~1~ity signed. (a) The Lessee acts constructed the Premises: _ (i} . (ii) the City will give the Lessee written tructing the improvements and. The :ment payments shall begin, which fter the date: of the City's notice. p ~ment for each succeeding year ~h the amziversary 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 o or in connection with the (b) The City's total st'yo c<hstruct t3tprovements was (c) As part of the nside ti f th lease, the Lessee shall reimburse the City f the City cost o c such g the improvements. The reimbur m '" ha be m e t x(10) egos[ annual payments, plus interest at ig p c t (8% e ear on the unpaid. balance. The Lessee may pay the nt •e mining I ce to the City earlier than due. (d) The Lessee shal e e rrst reimbursement payment Co the City by no later than the first n'v~s ~ of the lease term beginning date given in Article III of this Le se. The Lessee's annual reimbursement payment for ATTACHMENT A LEASE OP AIRP6RT LANDS Page 29 of 31 City: Lessee: ~4 each succeeding year shall be made to the City by no later than the anniversary of date on which the first payment was due. (e} Failure by the Lessee to and (d) of this provision. the City. reimburse the City as required under (c} e grounds for termination of this Lease by Iri WITNESS WHEREOF, the parties ,year stated in the individual acknowledgment hereunto set their hands, the da}> asld OF Koch (Tf Lessee is a Corporation) ATTEST: LEASE OF AIRPORT LANDS Paoe 30 of 31 75 STATE OF ALASKA } ss. THIRD JUDICIAL IIISTRIC7" ) THIS IS TO CERTIFY that on this Title: being personally known to me or having pi appeared before me and acknowledged the instrument on behalf of said corporation. My STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS IS T'O CERTIFY that on this _ Manager of the City of Kenai, Alas ~ .being satisfaetor}~ evidence of identifieatipn, pea authorized execution of the fore~o~nQ ms 'ur \ My Approved as to lease Donn Approved b}~ Finance Director: Lease approved by Council. on Carol Frees, City Clerk ATTACHMEN'!- A LGASE OF AIRPORT LANDS Page 31 of 31 X00_, Name: of story evidence of id;:ntsfication, authorized execution of the foregoing )_, Rick R Koeh, City ne or having produced nowledged the voluntary and City. Alaska Expires: City: Lessen: 76 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2007-1$ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE CITY OF KENAI EMERGENCY OPERATIONS PLAN AND AUTHORI7.ING ITS EXECU"I'ION BY THE MAYOR AND CITY MANAGER WHEREAS, City of Kenai Ordinance No. 2189-2006 accepted and appropriated a grant from. the Alaska Division. of Homeland SecLU-ity and Emergency Management to fund the revision of the plan; and, WHEREAS, revisions of longstanding local city plazas were needed to accoxrunodate current disaster mitigation, response and recovvery plamning requirements as well as community response resources: and, WHEREAS, this is an all-hazard, aIl-risk plan based on the National Incident Management System (NIMS) for comprehensive management of disaster emergency relief forces and disaster emergency operations developed. iay the City of Kenai and with the assistance of its contractor NUKA Research and Planning Group, LLC; and, WHEREAS, this Emergency Operations Plan describes the system that will be used to manage the mitigation of, preparation for, response to, and recovery from natural annd man-caused disaster emergencies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, hereby approves the City of Kenai Emergency Operations Plan and authorizes its execution by the Mayor and City Manager. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASI{A, this second day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 77 Following are the edits made to the Kenai EOP following the exercise on the 27"' of February. • Added an item prompting all EMT members to document their actions to each of the response action checklists in Section 3. • Changed language regarding delegation of authority to align with your code and the practices discussed during the exercise (that City Manager is the IC but has the authority to delegate the rote to a dept head) • Added a reference to the procuremenf ordinance. • Looked into the FEMA reimbursement schedule and added reference to it in the Resources section (14) • Added sevaral contacts/notifications to the Section 3checklists: 1-888-DECEASE for the state medical examiner in any emergency that might have fatalities, Airport manager for transportation accident, ADEC for pollution/oil spill. • Added a couple of forms: State SITREP, purchasing forms (hard copy) from your Finance Dept, an example of a resource ordering form (borrowed from Tesoro) • Added maps • Updated roster (you did this for us) 78 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2009-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER AND FINANCE DIRECTOR TO DESIGNATE PERSONNEL RESPONSIBLE FOR BANKING DUTIES. WHEREAS, from time to time the individuals responsible for check signing and other banking responsibilities need to be changed; and, WHEREAS, the City Manager and Finance Director duties include oversight of banking contracts and agreements; and, WHEREAS, requiring approval by both the City Manager and Finance Director provides adequate internal control. NOW, THEREFORE, BE TT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager anal Finance Director are authorized to designate check signers and personnel responsible for banking duties. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: r, .F'~ (04/ 19/2007) hl T9 SUBSTITUTE Suggested ~•v: Administration CITY OF KENAI RESOLUTION NO. 2007-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER AND FINANCE DIRECTOR TO DESIGNATE PERSONNEL RESPONSIBLE FOR BANKING DUTIES. WHEREAS, from time to time the individuals responsible for check signing and other banking responsibilities need to be changed; and, WHEREAS, the City Manager and Finance Director duties include oversight of banking contracts and agreements; and, WHEREAS, requiring approval by both the City Manager and Finance Director provides adequate internal control. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section I: The City Manager and Finance Director are authorized to designate check signers and personnel responsible for banking duties. Section 2: Annually,. prior to June 30, a report will be provided to the City Council that lists all bank accounts and check signers. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk % r; Approved by Finance: (05/01/2007) hl Suggested by; Administration CITY OF KENAI RESOLUTION NO. 20(17-2I A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND TO PURCHASE AN ICE RESURFACING MACHINE. WHEREAS, the City of Kenai needs to replace an ice resurfacing machine; and, WHEREAS, the General Fund will repay the Equipment Replacement Fund over 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City is authorized to use the Equipment Replacement Fund to purchase an ice resurfacing machine, The estimated cost is $$0,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May 2007. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk Approved by Finance:~_ (04/24/2607) hl 80 // ri~lltGdl~t' WG~~ Gl pGl6t Mitt-}/ Wltf? Gt ~-Gtl~GG6rG'rr %// ~.~,,~;~~',,, 210 /Fidalgo Avenue, Kenai, Alaska 99611-7794 „a.~.~ _,_ __,_ ~_` Telephone: 907-283-75351 FAX: 907-283-3014 i~I~~1 --/- ~ 1992 E11P. LFY~ 0~ KENA~ SKA TO: City Council FROM DATE: Rick Koch April 25, 2Q07 SUBJECT: New ice Resurfaces, ConocoPhiliips Multi-Purpose Facility {MPF) The purpose of this correspondence is to discuss the purchase of a new ice resurfaces for the above referenced facility. The two ice resurfacers presently in use at the MPF are each 32 years old, and bath are past their useful life for use as a primary lee resurfaces. Both. can continue to be used as back-up, or limitedllighf duty ice resurfacers. If Council approves the purchase of a new ice resurfaces one of the two ice resurfacers presently owned by the City will be sold as surplus. The cost of the new ice resurfaces is $ 72,385.00, with freight estimated at 8 5,500.00, for a total cast of $ 78,335.00. The purchase is to be made under KMC 17.15.050 under the contract of the University of Alaska-Fairbanks (UAF). The price has been reduced to reflect the City of Kenai does not require 12 LPG taril.s. Attached is a copy of the proposal. from the Frank T. Zamboni Company, Inc., and the UAF quote form. Thank you for your attention in this matter. Should you have any questions please contact me at youz convenience. attachments 81 Fst.mtaec .t. zsaM~ow a~ ca., euc. ~ 57 ~ a Coloratlo Avenue Para mtlunt. GA 90723-0770 Phone !5627633.0951 Y-ax (582) 633-9355 wwW.idl~tbOni.COnt March 9, 2007 Mike Wichman City of Kenai 210 Fidalgo Ave. Suite #200 Kenai. AK 99611 PROPQSAL MODEL: Zamboni 540 QUANTITY: One{1} CAPACITY: Ful6 Size • ..Snow Tank 100 cubic feet (actual volume) 120 cubic feet (compacted) • Ice Making Water Tank Constructed of Nigh Density Polyethylene 200 U.S. gallons W ash W ater System (optional) Constructed of Nigh Density Polyethylene 82 U.S. gallons Total Water Capacity 282 U.S. gallons ENGINE: Nissan 2.5 Litre • Four cylinder overhead valve, liquid cooled, 63 NP • Steel timing gear and chain, 5 main bearings, fuH flow oil filter system. for Tong life and ease of maintenance. • Advanced electronic ignition • Meets or exceeds CARBlEPA 2004 Standards • Electronic fuel injected • Available in LPG ar Gasoline powered • Automatic safety shutdowns with on board diagnostics • Engine is approved for propane use by Nissan • Load sensing electronic governor enables true "hands-free" operation by driver r,; TRARlSMISSION: Sundstrand'liydrostatic Pump and 1Viotor • Continuously variable pump and motor and axial piston-type and offer volumetric efficiencies as high as 95%. ' • Maximum drawbar pull even at (ow speeds and full hydrodynamic braking. • Rliows the use of a smaller and more efficient engine while still providing superior on-ice power. • Hydrostat enables the conveyor augers to operate at full speed, regardless of vehicle speed, even when slowing far corners. Df21VETRAIN: Dana/Spicer Axles Mode144 Front-rated 4,300 Ib. Model 60 Rear-rated 6,400 Ib. • Rear axle is a rigid full-float design • Because the 540 uses Spicer/Dana axles that are optimized for our chassis, we offer the industry's highest manufacturer approved axle capacities. • Our chassis/axle combination is the key to the Zamboni 540 having a turning radius of 16 feet. This is a full 3 feet tighter of most other machines. Hub City Transfer Case • Rugged cast iron housing for rigid gear and bearing support. Heat-treated alloy steel gears are helical cut for greater strength and lower noise. • Hydrostatic motor is wet-mounted to housing for tong shaft life. Chassis • 2" X 5" structural steel tubing far high strength and long service. k{YDRAULICS: Vickers Pump and Mator • Vane-type for high efficiency, flow and speed. This design is also very quiet and has been proven in many rugged applications. • Powerful 34 G.P.M. double-pump has separate pump sections for the vertical and horizontal augers for the besf conveyor performance in the industry. • Direct drive "piggy-back" .mount for trouble-free service. No belts or pulleys. Charlyn Steering Pump • The use of a hydrostatic steering system provides very smooth power steering with little effort. Proposal Page 2 83 HYDRAULICS: Filtration and Tartk • Two Donaldson hydraulic filters, (1) 20 micron return line and (1) 90 micron hydrostatic charge loop, ensure a clean environment for all hydraulic components. • Large 21-gallon tank enhances hydraulic fluid travel to rid the oil of entrapped air and increase heat dissipation. SNOW TANK AND AUGERS Large snow capacity and a tank design that provides all areas of the tank to be completely filled, even the top rear corners. • The 540's snow tank incorporates a smooth bottom and sides, allowing for the snow to slide out with the least amount of residue and at a much lower height. • $oth 10-inch large diameter augers are double- fiiighted to ensure good performance even during heavy shaving and the augers are teflon coated for durability. COND9TIONER: Zamboni ice Resurfacers have a well-deserved reputation for producing the finest sheet of ice, even after many years of being in use. • A unique and patented design of spring and hydraulic down pressure is used for superior shaving results. • Per#ormance will continue for the life of the machine by using replaceable bushings and springs. HUMfAN ENGINEERING: • The operation of the 540 is very simple. The operator sets the engine speed with the "hands- free" governor and drives the machine with a foot control, However, unlike an automotive trans- mission, the 540 will provide full power and speed to the augers at all times, even while slowing for corners. And the 540 will ensure the snow tank is compacted and completely filled. • Speed is controlled by the single foot pedal equipped with a "dead-man" safety feature to dynamically brake the vehicle to a stop if the operator's foot leaves the pedal. • Operator compartment ergonomically designed including steering wheel with a spinner knob. Proposal Page 3 84 HUMAN ENGINEERING: Engine and hydraulic compartment is easily accessed through both side doors for daily maintenance checks, even with the snow tank down. • Wiring and looms are well routed and protected. Wires are individually labelled for easier service and trouble-shooting. FACit-ITY ENGINEERING: Zamboni Ice Resurfacers offer unparalleled shaving and snow conveyor performance. A quality sheet of ice is among an arena`s primary selling features. • Zamboni has the tightest turning radius in the industry, enabling operators to resurface deeper into their corners. • The snow tank on the 540 is designed in an enlarged package with a flat bottom and sides. This gives the 540 a low front-dumping height. This is important for both dumping indoors as wel! as outdoors in adverse conditions. • Our unique engine and hydrostatic transmission enables the 540 to use a smaller, more efficient engine and can provide significant fuel savings. • Industry Reports have recommended that arena ventilation be determined by horsepower of the ice resurfacer, which is over half of larger engines used in the competitor's machine. This can translate to considerable energy and facility savings. MANUFACTURES The 540 is proudly designed and manufactured by STATEMENT: Frank J. Zamboni & Co., Inc., in the United States of America. UtfARRANTY: Twenty four (24} months or 2,600 hours, parts replacement only. SAFETY The 540 is engineered to meet or exceed O.S.H.A. STANDARDS: and A.N.5.1. safety labelling requirements. Proposal Page 4 85 BUDGETARY Zamboni 540 ............................................ . $ 64,250.00 PRICING: (includes choice of gasoline or propane) • Board Brush .......................................... . $ 4,100.00 / Back Up Alarm ...........:.......................... . $ 355.00 • 3 Way Catalytic Converter .................... . $ Standard • Lambda Fuel Mgmt. System ................. .$ Standard • Chrome Wheels ..:................................. .$ Standard • Electronic Water Level Sight Gauge..... . $ 340.00 • Wash Water System w/ Poly Tank ....... . $ 3,425.00/ • Black Powder Coated Conditioner........ . $ Standard • Conditioner Pofy Side Plate .................. . $ Standard • Advanced Water System ...................... . $ 3,700.00 • Tire Wash System ................................ . $ 955.60 • LPG Low Fuel Light .............................. .$ 190.00~~ • Snow Tank Light ................................... .$ 250.00 • Auto Snow Breaker ............................... . $ 1,210.00 • Stainless Steel Water distribution Pipe . $ 280.00/ F.O.B.: Paramount, CA / ~~~/ ~~' ' ~'C ~.~ ~7y, ~/ ~~I TERMS: Net 30 days on approved credit. Shipment 200 days from date of order. Pricing firm for 30 days. Pricing does not include any applicable sales tax. TNANK YOU: 3,9/07 Doug Peters Date Regional Sales Manager Frank J. Zamboni & Co., inc. 15714 Colorado Avenue Paramount, CA 90723 Phone: (562)633-0751 Fax:. (562) 633-9365 sec/m_wichman540. p rop Proposal Page 5 $6 nunu(~ u ~vni rnvi ~,..v ks iZFG! No. 07Q0068RII ClUCSTE Brand Namo C}r ICanah ZAIV~CTNI®, IYlodei .440 As Specified: Ice Resurfacing 11'Iacirine As Speoiscd I3alove: New Anal Of The l~anufactarers Latest IWIodej iw. , UV i I . TI J 4 TJnit ~+Xt, I T;ach~80,682.Q3 $80,682.03 1.1Y1inimazn Staadards Con~piiance: Propane Opezated With a Total Of l2 Propane Tcipks Provided. Nissan 2.5 Litt•e Eugine,Minimum, Liquid Cooled, Electronic Ignitiota, Safety Shutdo.vn W/ On Eoazd Diagnostics, Load Sensing Electronic Governor. Snow Tank Capacity of 120 cf Cotnuacted,?00 Gallon Water Tank, VYash Water System, $2 Gallon. Transmission: 5tmdstt a:ul. Hydrostatic Ptunp ~ AI[otor, Dazxal5picer Axles, Hub City Traztsfe'r Case, Chasis 7" X 5" Stzuctur°al Stcei Tubing. T-Tydrnulics_ Viclcozs PLUnp ~ Motor, Hi~b Efuciency 3+} GPM Deuble F'ulnp Dizect Drive. Charlyn Steering Ptnnp. Hycirattlic Oil Filtratieu System w,j 21 Crallon Tank, Sr_otiv Tani: Sr. Augers. Tn Lzzclnde These optional Accessory Atezns: ' ~J7oa,-d. F3zush, Sack lJp Alarm,, Wash Water Systsrii, 3 Way Catalytic Convcr-tez, Lambda euel NTgnt. System, Cnrorne Wheels,'Electronic Water Level Sight Craus!e, Black PoGVdcr Coated Cozxdi;ioner, Conditioner Poly Side Plate, Advanpcd Watc,T Systes.,'Zire Wash 5ystent, LPG Low Fuel Ligbt, Auto Snow Breaker, Stainless Stee24Jaier Distribution.Pipe. Total Quazitity Of '1luclve{12} Propane Tanks. Vendor Is lSeapansible To Provide Descriptive Literatare Acrd Technical Specifications Witir'Your Quote As Stated In The Insti•aafions. Total Amount Item I $ 80 , 682.03 (12 steel, LPG tanks are part of bid. Add $1200.00 if you want a7,uminum tanks in lieu of steell Quoiiag: BI'and Zambon,., IYiodel,_ 4~_.__.. ~Ti'arranty Period: 2 Years or 2D00 Hours_(see enclosed) Delivery Date: Or 200 Rays A12O or sooner 87 Suggested by: City Administration CYTY OF KENAI RESOLUTION NO. 2007-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF TRACT A, ALASKA STATE LAND SURVEY NO. 2004-25 FROM THE STATE OF ALASKA, FOR MARKET VALUE, FOR A FUTURE WATER WELL SITE. WHEREAS, the City of Kenai wishes to purchase Tract A, Alaska State Land Survey No. 2004-25 from the State of Alaska for a future water well site, as shown on Attachment "A" of this resolution; and, WHEREAS, the State of Alaska has agreed to sell the property to the City of Kenai for a public and charitable use; and, WHEREAS, the consideration agreed to is market value ($8,750} as reported in the Retrospective Summary Appraisal Report produced by Steve MacSwain of MacSwain Associates, and dated August 26, 2004; and, WHEREAS, KMC 22.05.135(a} states the following: The city, by authorization of the city council, expressed in a resolution for such purpose, map lease, purchase or acquire an interest in real property needed for a public use on such terms and conditions as the council shall determine, but no purchase shall be made until a qualified appraiser has appraised the property and given the council an independent opinion as to the full and true value thereof; and WHEREAS, the State requires a $100 patent fee to transfer the deed; and, WHEREAS, the deed of conveyance shall contain a reversionary interest if the land is used for anything other than a well site under AS 38.05.810. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the CouncIl authorizes the sale of Tract A, Alaska State Land Survey No. 2004-25, for market value, for a future water wall site. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of May, 2007. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~~ (423/07) kh ~8 i :,air ~_ y.~ f qq a ~. aT a ~ Y~ ~g ~ ~ i i~? ~n ~~E, ~ i~ ~ of ~,'~ s~ ~`i eei~~§Rlc ~lt~~. ~$. ~ ° B ~3 ~ ~e5 ~ ~e~~ D ~ J-~,~'- 6i~ 4 fn ' g ~ €~ X38 ° ~ t~~ X41 "~ a i ~ ~~ ~ 3i f~.'•~3~03 l ie ¢a yea ee. a s p a v 5~ k § I T E ¢xna rea - ~ ~zy iE~~~L q' @~ ~~ 6~~ ~~d e h r~ .~"~ J L d, of ~ e~ ''r~y( "_ ,~ ~t s. fp `tl p ~ yy, i~ { ~ f '~~e~ ~ g a~ Qp ~``r € a'i' 7 o Y~' p I S c C aT 5~4 ~~ ~ .: L ¢ s ~ a u rja s'"~~ 9 ( ` % ' S ~ ~ 1 ~~~~ ) ~ ~ ~k ~ ~ p8 q ~ ~i ~ rif ~~t~ c4( i Y~.FL / ~ i® I kn~A ~ ./~~c ~' ~ ~ 3 - 4 s E , ~~', ~ ~ :~ °~ ' ~ ~ /ai ~( L FcF ~- °~ 31 ! ~ ~,#,a age ps g a e ~ ~ ~s `1 t at ~ ~ ~ ~ w Ha P ~' q` Y a: k B i ~CCn~ ~4(.. IV (L § ~Vf ' x yy~F,SY 4 FS 45£y~ ~HG Yyh~ s SE 4 ~$.S °c. cs`~uy tr£3a~ ~~ 5~V' ~t&~ 3~ § F ' ~ to . <.~ 1,)5 '. Yk i E tit 'ti khe€s v ~~ ~ 'h,~ i . a JS ppyry~ ka l5 ~~ ~j ~ al '. a~ 5EA g ` I A 4 ea ELC aP3ga ~ y ~ € 4 ~~ cs ren.~ ~i~ i P iv ry~.. '. ~ n KW g / -[ I E { ¢ [ ~ ,~ i ? 5 ik ~~ E a : c g ~ e i 4a~ iti t ~Yh S 1+E G, '~& ~ ~(n.~ ~ g ~. ~ la " /3 ~ &, ya 4 re ~e Y ape I $~ ~ i';~ y~ f a t m~~mpm a P , 3g~y~~a ~' - 'a ~~ ~ # w a9c t c S ! ~'~~~ ~ > y~ y$g n t~ E ~j ~ 3~? as g ~ z ~j ~9~ jly ~;7 ~~ s a8 ~ ,r~j ~ i a ll< 0 d ~Yl 5 Y; C 3 RYL~ VI~ Id ~ 9~ mxa- %§ a @ s k p Ya, : a ~ M., 4a °- F.;t ef~ gix 93 ik v ^~ P gc E €~egu ~s~ ~~~ 1a ~~ I of is ,e ? sanE7 @'yy a&_ `as ~. x .. .. e ~ ~3E.xa9~ c G N U M! AJ S'J Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2007-2$ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $8,850 IN THE WATER AND SEWER FUND TO PURCHASE LAND FROM THE STATE OF ALASKA. WHEREAS, the City of Kenai wishes to purchase Tract A, Alaska State Land Survey No. 2004-25 from the State of Alaska for a future water well site; and, WHEREAS, the State of Alaska has agreed to sell the property to the City; and, WHEREAS, money is available for transfer in the Water Department of the Water and Sewer Fund. NOUN', THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that th.e following budget transfers be made: Water and Sewer Fund From: Water -Contingency $8,528 - Transportation 322 8 850 To: Water -Land 8 850 PASSED BY THE COUNCIL OF THE CITY OF IiENAI, ALASKA, this second day of May 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas; City Clerk Approved by Finance: J (04/24/2007) h1 90 AGENDA I~ENAI CITY COUNCIL - REGUY.AR MEETING APRIL 4, 200? 7:00 P.M. I~ENAI CITY COUNCIL CIiAMBERS htto:/1c~'ww'.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda `Ali items listed ~xrith an asterisk ("`) are considered to be routine and nan- eontroversial by flze council and drill 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 Ordars. ITEM B: SCIiEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCIiEDULED 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. 2216-2007 -- Increasing Estimated Revenues and Appropriations by 53,650,322 in the Runway Safety and Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2216-2007 was postponed at the March 27, 2009 Council Meeting. The motion to approve the ordinance is active.) 2. Ordinance No. 2219-2007 -- Amending KMC 21.15.190 by Adding a New Subsection (d) to Allow a Lease Applicant to Request a Contractual Right to Purchase the Leased Properly at Fair Market Value Within Twelve Months After Completion of the Development as Detailed in the Lease's Development Schedule. 3. Ordinance No. 2220-2007 -- Amending the Official Kenai Zoning Map by Rezoning Appro~itely 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 Suburbaz~ 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. 91 Ordinance No. 2221-2007 -- Increasing Estimated Revenues and Appropriations by $206,415 for Projected Utility Cost Increases. 5. Ordinance No. 2222-2007 --Amending the Official Kenai Zoning Map by Rezoning a Portion of Redoubt Terrace Bluff View Replat (Preliminary Plat), Frorn Conservation (C) to Suburban Residential (RS). 6. Resolution No. 2007-05 -- Approving the Lease Form for Leases of Airport Land Outside of the Airport Reserve. (Clerk's Note: Resa[ution No. 2007.05 was postponed at the February 21, 2007 Council Ivleeting. The motion to approve the resotutian is aciiae. ~ it is the urish of the Council to substitute the resolution, a motion to substitute rs required.) a. Substitute Resolution No. 2007-05 -- Approving the Lease Form for Leases of Airport Land Outside of the Airport Reserve. 7. Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. (Clerk's Nofe: Resolution No. 2007-06 uxu postponed at the February 21, 2007 Council Meeting. The motion Ta approve The resolution is active. If it is the wish of the Council to substitute fhe resolution, a motion to substitute is required.) a. Substitute Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. 8. Resolution No. 2007-13 --'t`ransferring $120,000 in the We1I House 4 Capital Project Fund for Engineering. 9. Resolution No. 2007-14 -- Encouraging the State of Alaska Department of Transgortation and Public Facilities (ADOT/PF) to Enter Into a Reimbursable Memorandum of Agreement With the City of Kenai Which Delegates to the City of Kenai Management Authority for the Design of the Kenai Spur Highway Rehabilitation Project (MP 3 to MP 8). 10. Resolution No. 2007-15 -- Approving a Joint Regulation Proposal from the Kenai Peninsula Borough, City of SoIdotna, and the City of Kenai, to the Alaska Board of Fisheries, to Reduce the Level of Hydrocarbons in the Kenai River. 1 1. Resolution Na. 2007-16 - Approving a Contract to QAP for the Project Entitled 2007 Local Improvement Districts and Miscellaneous Paving - Set Net Drive LID, Aliak/McColtum/Japonski, LID, and Angler Drive LID for the Total Amount of $669,048.00. ITEM F: MINUTES "Regular Meeting of March 2I, 2007. 92 %TEM G: ITEM H: NEW' BUSINESS L Bi11s to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2223-2007 -- Increasing Estimated Revenues and Appropriations by $75,000 in the Soccer Park Capital Project Fund. 4. *Ordinance No. 2224-2007 -- Increasing Estimated Revenues and Appropriations by $822,000 in the Streets and Sewer Capital Project Fund for Public Road, Water, and Sewer Improvements. 5. Agproval -- Beautification Committee Recommendafion to Meet Quarterly {March, May, July, and September with Special Meetings As Needed}. ITEM I: i. Council on Aging 2. Airport Coxnrnission 3. Harbor Commission 4. Library Comnussion 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report %TEM J: REPORT OF THE MAYOR ITEM K: AI3MINISTRATION REPORTS 1. Ciry Manager 2, Attorney 3. City Clerk ITEM L: I. Citizens (five minutes) 2. Council EXECUTIVE SESSION - Nane Scheduled 93 ITEM M: PENDING LEGISLATION (Items listed below are iegisiation which wits be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipat Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (1 / 17/d7, Tabled, no time certain.) ITEM N: ADJOURNMENT 94 KENAI CITY COUNCIL -REGULAR MEETING APRIL 4, 2007 7:00 P.M. KENAT CYTY COUNCIL CgIAMBERS httn: /lwww_ci.kenai_ak.us MAYOR PAT PORTER, PRESIDING MINUTES %TEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. 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 MOTTON: Council Member Molloy MOVED for approval of the agenda. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Council Member Molloy requested Item F-1 be removed from the consent agenda. MOTION: Council Member Molloy MOVED to approve the consent agenda except for Item F-1. Council Member Bovle SECONDED the motion. VOTE: 95 The City Clerk took roll. Present were: KENAI CITY COUNCIL MEETING APRIL 4, 2007 PAGE 2 MOTION PASSED UNANIMOUSLY. YTEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC GOMMENTS -- None. YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Margaret Gilman -- Gilman provided a brief report of actions taken at the April 3, 2007 Borough Assembly meeting, including the passage of a three percent sales tax increase to go into effect January 1, 2008 and the passage of a resolution authorizing the Assembly President to sign the Kenai River proposal io the Board of Fisheries. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2216-20p7 -- Increasing Estimated Revenues and Appropaiations by $3,650,322 in the Runway Safety and Improvements Capital Project Fund. (Cieik's Note: Ordinance No. 2216-2007 was postponed at the Mardi 27, 2007 Council Meeting. 'lhe motion to approve the ordinance is active.) Administration reported authorization had not yet been received from FAA and requested the item be postponed. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2216-2007 to the next meeting and Council Member Eldridge SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 96 *Student Representative DeMello: Yes *Student Representative DeMello: Yes KENAI CPT'Y COUNCIL MEETING APRIL 4, 2007 PAGE 3 E-2. Ordinance No. 2219-2007 -- Amending KMC 21.15.190 by Adding a New Subsection (dj to Allow a Lease Applicant to Request a Contractual Right to Purchase ffie Leased Property at Fair Market Value Within Twelve Months After Completion of the Development as Deiaffed in the Lease's Development Schedule. MOTION: Council Member Eldridge MOVED for approval of Ordinance No. 2219-2007 and Council Member Ross SECONDED the motion. 'T'here were no public comments. Discussion related to the option to purchase followed. MOTION TO AMEND: Council Member Eldridge MOVED to add "not less than" before each phrase "fair market value" appearing in the ordinance. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Swarner MOVED to amend Section {d), by removing "resolution" and adding "ordinance." Council Member Moore SECONDED the motion. Attorney Graves noted, either use of a resolution or ordinance would be legally permissible. VOTE ON AMENDMENT: *Student Representative DeMello: No Bo le Yes ~ Porter ' No Moore Yes Swamer ;Yes (Eidrid e No Ross Yes Ma11ov Yes 97 *Student Representative DeMeilo: Yes KENAI CITY CGUAICIL MEETING APRIL 4, 2007 PAGE 4 MOTION PASSED. Discussion followed related to an amendment to allow the city to charge more for the right to purchase the leased property. MOTION TO AMEND: Council Member Moore MOVED tc amend Section (d) by adding "The City may charge additional consideration for granting the right to purchase the property." following .....qualified under AS 8.87." Council Member Swarner SECONDED the motion. It was explained, the intent of the amendment was for the proposed lessee, from initial consideration to lease property, of the city's ability to charge more for the right to purchase. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. A brief discussion followed with comments including: • The ordinance would change what was previously acted upon by council. • Suggestion the city offer long-term leases which would keep the land in the City's possession into the future. • The ordinance was not hz the best interest of the city. • The city has always leased lands and the ordinance would provide the option for council to do a lease/purchase. VOTE ON MOTION AS AMENDED: MOTION PASSED. 98 '"Student Representative DeMello: Yes *Student Representative DeMello; Yes KENAI CITY COUNCIL MEETING APRIL 4, 2oa7 PAGE 5 E-3. Ordinance No. 2220-200? -- Amending the Official. Kenai Zoning Map by Rezoning Approximately 241.4 Acres in the City of Kenai to the Central Mined 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 hlcludes Properties Between Bridge Access Road and Upland Street and Properties Along Main Street Loop, North Willow Street and Airport Way. MOTION: Courzcil Member Eldridge MOVED for approval of Ordinance No. 2220-2007 and Council Member Moore SECONDED the motion. Council Member Molloy explained he was a member of a professional association and through it, was a part owner in Willow Street property which was included in the proposed ordina~lce. He believed it did not preclude him from voting. Mayor Porter stated she would allow Molloy to vote on the issue. Council Member Swarner reported her involvement as business manager of the same professional association. Porter had na objection to Swarner voting on the issue. The City Planner provided a presentation. related to the development of the mixed zone ordinance. Bab Peters, Old Town, Kenai -- Stated he lives in the proposed zone; he did not receive any notices related to the new zone; and, stated his objection to the ordinance. Councff indicated areas of concern for the Planning & Zoning Commission to review: • Consider allowing 1-7 family residences as "P" instead of "C." • Make sure people who are residents receive another notice prior to the ordinance being returned to council for consideration. MOTION TO POSTPONE: Council Member Boyle MOVED to postpone action on the ordinance and send it to Planning & Zoning Commission to review concerns of council. Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO POSTPONE: 39 'Student Representative DeMello: Yes KENAI CITY COUNCIL MEETING APRIL 4, 2007 PAGE 6 MOTION PASSED UNANIMOUSLY. BREAK TAILEN: 8:15 P.M. BACK TO ORDER: 8:23 P.M. E-4. Ordinance No. 2221-20fl7 -- Increasing Estimated Revenues and Appropriatians lay 5206,415 for Projected Utility Cost Increases. MOTION: Council member Swarner MOVED to adopt Ordinance No. 2221-2007 and Council Member Molloy SECONDED the motion. There were na public comments. It was noted an energy audit was being accamphshed on all city facilities. VOTE: MOTION PASSED UNANIMOUSLY. E-5. Ordinance Na. 2222-2007 --Amending the Official Kenai Zoning Map by Rezoning a Portion of Redoubt Terrace Bluff View Replat (Preliminary Plat), From Conservation EG) to Suburban Residential (RS). MOTION: Council Member Ross MOVED for approval of Ordinance No. 2222-2007 and Council Member Moore SECONDER the motion. There were no public comments. It was noted the action was to remave a split zone and Planning & Zoning Corrunission recommended council proceed. vOTE: *Student Representative DeMello: Yes Boyle Yes Porter Yes Moore Yes ~ Swarner Yes Eldrid e Yes Ross Yes j Molloy Yes. __ __ ~ 100 *Student Representative DeMello: Yes KENAI CITY COUNCIL MEETING APRIL 4, 2007 PAGE 7 MOTION PASSED UNANIMOUSLY. E-6. Resolution No. 2007-05 -- Approving the Lease Form for Leases of Airport Land Outside of the Airport Reserve. (Clerk's Note: Resolution No. 2007-05 was postponed at the February 2I, 2007 Council Meeting. The motion to approve fhe resolution is active. If it is the wish of the Council to substitute the resolution, a motion to substitute is requued.) E-6a. Substitute Resolution No. 2007-05 -- Approving the Lease Form for Leases of Airport Land Outside of the Airport Reserve. MOTION: Council Member Ross MOWED Substitute Resolution No. 2007-05 and Council member Eldridge SECONDED the motion. There were no public comments. Attorney Graves reviewed changes made and included in his memorandum which was a part of the packet. It was also noted, the City would retain the right to require other insurance not listed. VOTE: MOTION PASSED. E-7. Resolution No. 2007-06 -- Approving the Lease Farm for Leases of Airport Reserve Property. (Clerk's Note: Resolution No. 2007-0& was postponed at the February 2I, 2007 Council Meeting. The motion to approve the resdution is active. If it is the wtsh of the Council to substitute the resolution, a motton to substitute is required.) E-7a. Substitute Resolution No. 2007-06 -- Approving the Lease Form for Leases of Airport Reserve Property. MOTION: Council MemberEldridge MOVED Substitute Resolution Na. 2007-06 and Council Member Ross SECONDED the motion. 101 *Student Representative T7eMello: Yes KENAI CITY' COUNCIL MEETING APRIL 4, 2007 PAGE S There were no public comments. Council listed areas of concern: Page 114, Item B {Environmental Indemnification) -- Add "the city" between "hold" and "harmlless" in the second line of the paragraph. • Page 109, Article V, Section b -- If the city advances money for improvements and it would paid back, cauld that be worked into additional rent? If not paid up front, shauid a #4 be added as "reimbursement would be additional rent." • Page 101, 2-C -- Research whether "outside storage" would allow an auto salvage yard in the city. • Page 102, 2-O -- Did KEDS offer any alternative to amortizing over a four-year eh-tension. Page 102, 2-P -- Rework/does not ailaw far an automatic guarantee of renewal at the end of the Tease. • Page 130, Article XIV is missing. • Page 129, No. 7 (Building Setback) -- Boundary line should be defined (it was noted the paragraph includes "without prior written approval." • Page 163, F, {Notice of Construction) -- "valued imexcess of 5500 on the premises." MOTION: Council Member Eldridge MOVED to postpone action on Resolution No. 2007-OG (Substitute) until changes have been made and brought back. Council Member Moore SECONDED the motion. VOTE ON MOTION TO POSTPONE: '"Student Representative DeMelio: Yes BayIe i Yes Porter Yes Moore ~ Yes i Swarner Yes ~ Eldridge Yes Ross '~ Yes ~ Molloy ~ Yes ~ ~ I MOTION PASSED UNANIMOUSLY, E-8. Resolution Na. 2007-13 -- Transferring $120,000 in the Well House 4 Capital Project Fund for Engineering. MOTION: Council Member Moore MOVED for approval of Resalution No. 2007-13. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or cauncII comments. 102 KENAI CITY COUNCIL MEETNG APRIL 4, 2007 PAGE 9 VOTE: There were no objections. SO ORDERED. E-9. Resolution No. 2007-14 -- Encouraging the State of Alaska Department of Transportation and Public Facilities (ADOTJPF) to Enter Into a Reimbursable Memorandum of Agreement With the City of Kenai Which Delegates to the City of Kenai Management Authority for the Design of the Kenai Spur Highway Rehabilitation Project (MP 3 to MP 8). MOTION: Council Member Swarner MOVED for approval of Resolution No. 2007-14 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no public comments. li was noted, the city would not be obligated to any specific traffic control. devices in any specificplaee. VOTE: There were no objections. SO ORDERED. E-10. Resolution No. 2007-15 -- Approving a Joint Regulation Proposal from the Kenai Peninsula Borough, City of Soidotna, and the City of Kenai, tc the Alaska Board of Fisheries, to Reduce the Level of Hydrocarbons in fihe Kenai River. MOTION: Council Member moore MOVED for. approval of Resolution No. 2007-15 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. George Parks, Soldatna -- Spoke in opposition to the resolution as he believed more time was needed for users of the river who awn two-stroke engines. VOTE: There were no objections. SO ORDERED. E-11. Resolution No. 2007-16 - Approving a Contract to QAP for the Project Entitled 2007 Local Improvement Districts and Miscellaneous Paving - Set Net Drive LID, Aliak/MeCollum/Japonski LID, and Angler Drive LID for the Total Amount of $669,048.00. MOTION: 103 KENAI CITY CGUNCIL MEETING APRIL 4,.2007 PAGE 10 Council Member Molloy MOVED for the approval of Resolution No. 2007-16. Council Member Swarner SECONDED the motion acid requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. YTEM F: MINUTES F-1. Regulaz Meeting of Mazch 21, 2007. MOTION TO AMEND: Council Member MoIIoy MOVED to amend and correct the minutes at Page 160 of .packet, Item E-4a, Motion to Amend, changing the second of the motion. from Ross to Molloy. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. MOTION TO AMEND: Council Member MoIIoy MOVED to amend and correct the minutes at Page 164, Item I-2, changing Boyle to Malloy. Council Member Eldridge SECONDED the morion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. MOTION TO APPROVE AS AMENDED: Council Member Molloy MOVED to approve the minutes of March 21 as amended. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative DeMello: Yes Boyle Yes Porter Yes Moore Yes Swarner Yes ~ Eldrid e Yes i Ross Yes Molloy ~ Yes. I MOTION PASSED UNANIMOUSLY. ITEM G: UNFINISHED BUSINESS -- None. YTEM H: NEW BUSINESS 104 KENAI CITY COUNCIL MEETING APRIL 4, 2007 PAGE I I H-I. Fills to be Ratified MOTION: Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Esceedaaxg $15,000 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2223-2007 -- Increasing Estimated Revenues and Appropriations by $75,000 in the Soccer Park Capital Project Fund. Introduced by approval of consent agenda. H-4. Ordinance No. 2224-2QO7 -- Increasing Estimated Revenues and Appropriations by $322,000 in the Streets and Sewer Capital Project Fund for Public Raad, Water, and Sewer Improvements. Introduced by approval of consent agenda. H-5. Approval -- Beautification Committee Recommendation to Meet quarterly (March, May, July, and September with Special Meetings As .Needed). MOTION: Council Member Swarner MOVED to adopt the Beautification Camrnittee's recommendation to meet quarterly as outlined in the memorandum and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the next meeting was scheduled to be held on Thursday, April 5. I-2. Airport Commission -- Council Member Molloy reported the Airport/Council work session would be held on April 12, 2007. 105 KENAT CPi'Y COUNCIL MEETING APRIL 4> 2007 FAGE 12 I-3. Harbor Cornrnission -- No meeting was held. A brief discussion. took place related to procedure to sunset the Commission. Administration was directed to prepare an ordinance to sunset the Commission, clang with recommendations for delegating assignments now assigned to the Harbor Commission. I-4. Librarq Commission -- Council Member Swamer reported the Commission met April 3 during which a recommendation was made to charge a S25 fee (good for two years) for out-of-state users. I.S. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held April 5, 2007. Porter recommended appointment of Kim McDonald and Sue Carter to the Commission. There were no objections. I-6. Planning & Zoning Commission -- Council Member Ross reported the meeting had been cancelled. Porter recommended appointment of Rita Smagge to the Commfssian. There were no objections by council. I-7. Miscellaneous Comnussions and Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held on Tuesday, April 10, 2007. Y-7b. Alaska Municipal League Regort -- Council Member Swarner reported an Economic Development committee meeting would be held on April 5. ITEM J: REPORT OF THE MAYOR -- None. ITEM K: ADMINISTRATION REPORTS K-I. City Manager -- City Manager Koch reported the following: • His trip to Juneau where he discussed PERS concerns, Spur Highway upgrade with the Department of Transportation, etc. • A request for proposals was issued during the previous week for the public opinion poll project. • Birding activities, sponsored by the fish & WIldlife Refuge, would be taking place on April 14 at the Harbor. • Ice will be made available at the multipurpose facility for use of the Brown Bear Hockey Team. A request was made to include the proposed list of new street lights available for the budget work sessson scheduled for Tuesday, April 10. 106 KENAI CITS' COUNCIL MEETING APRIL 4, 2007 PAGE 13 I-2. Attorney -- Attorney Graves reported he was preparing information related to minimum standards for a future Airport Commission meeting. I-3. City Clerk -- No report. ITEM L: DISCUSSION L-l. Citizens -- None. L-2. Council -- Boyle -- Stated concern that with the new Wal-Mart construction, the city campground would be closed and suggested a new area be considered to replace it. Mollay -- Na comments. Ross -- No comments. DaMello -- Reported he would not be able to attend the budget work session. Eldridge -- Stated he was pleased with the progress of the Spur Highway upgrade project. Swazner -- Noted 'Firs't Thursday' activities at the Visitors Center. Moore -- No comments. -- None Scheduled ITEM M: PENDING LEGISLATION (Items listed below are Iegislation which wilt be addressed at a later date as noted and are nat action items for this meeting.) Ordinance No. 2202-2006 -- Amending KMC 1.1.05.090 to Limit fhe Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four-Cycle or Direct Injection Two-Cycle Engines. (1 / 17/07, Tabled, no tune cerfain.) ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:02 p.m. Minutes submitted by: Carol L. Freas, City Clerk I.o~ KENAI CITY COUNCIL MEETING APRIL 4, 2007 PAGE 14 '"The student may cast advisory votes on a[[ matters except those subject to executive session discussion. Advisory cotes shall be cast prior to the officio[ council vote and shall not affect the outcome of a vote. Advisory votes shalt be recorded in the minutes. Student representatives may not moue or second. items during a council meeting. 108 AGENDA IfENAI CITY COUNCIL -REGULAR MEETING APRIL. 1S, 200? 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval ~. 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 KP$ ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2216-2007 -- Increasing Estimated Revenues and Appropriations by 53,650,322 in the Runway Safety and Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2216-2007 was postponed to fhe April 4, 2007 council meeting anal then postponed to the April 18, 2007 Council Meeting. The original motion of March 2I, 2007 to approve the orduiance is active. 2. Ordinance No. 2223-2007 -- Increasing Estimated Revenues and Appropriations by 575,000 in the Soccer Park Capital Project Fund. 3. Ordinance No. 2224-2007 -- Increasing Estimated Revenues and Appropriations by $322,000 in the Streets and Sewer Capital Project Fund for Public Road, Water, and Sewer Improvements. 4. Resolution No. 2007-17 -- Transferring $30,000 in the General Fund for Lighting and Security Improvements at tine Multi-Purpose Facility. 109 5. Resolution No, 2007-18 -- Approving the City of Kenai Emergency Operations Plan and Authorizing Its Execution by the Mayor and City Manager, 6. Resolution No. 2007-19 -- Transferring $14,250 in the Airport fund for Crack Sealing. 7. *Liquor License Renewals • Penu7sula Moose Lodge #2494 (Club) • Pizza Paradisos #3032 (Beverage Dispensary) • Oaken Keg Spirit Shop #58 (Package Store) • Rosita's Mexican Restaurant #3039 {Beverage Dispensary) ITEM F: MINUTES 1. *Regular Meeting of April 4, 2007, 2. *April 10, 2007 Budget Work Session Nates. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $1.5,000 3. *Ordinanee No. 2225-2007 -- (unending KMC 14.20.030 by Adding the Central Mixed Use Zone (CMU) to the List of Established Zones. 4. *Ordinaace No. 2226-2007 -- Amending KMC 23.50.010 by Changing the Rahge of the Planner (Class Code 117) PYom a Range 14 to a Range 16. 5. *brdinanee 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. 6. *Qrdinanee No. 2228-200? --Amending KMC 7.32.020 and 7.32.030 by Repealing the Eazsting Language and Replacing it With New Language to ReIlect Changes in Government Accounting Praclices While Keeping the Requirement of a $500,000 Restricted Cash Reserve for Repair and Maintenance of the Congregate Housing Facility. Approval -- Rescission of Lease/Lot 8, Block 2, Caok Lnlet Industrial Air Park -- Julie Latta, d/b/a Kenai Airport Hotel. 8. Approval -- Kenai Municipal Library, Non-Alaska Resident Fee. 110 ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Corrunission 6. Planning & Zoning Commission 7. Miscellaneous Comnussions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: ADMYNISTRATION REPORTS 1. City Manager 2. Attorney 3. .City Clerk ITEM L: L Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items listed below are Legislation which will be addressed at a later date as noted and are not action items for this meeting.) Resolution No. 2007-06 (Substitute) -- Approving the Lease Form for Leases of Airport Reserve Property. (Postponed, no time certain.) 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 Z~,vo-Cycle Engines. (1 / 17/07, TahIed, 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.) E~LECUTYVE SESSION -- None Scbeduled ITEM M: ADJOURNMENT 111 KENAY CITY COUNCIL -REGULAR MEETYNG APRII, 18, 2007 ?:00 P.M. KENAI CITY COUNCIL 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 approxirnately 7:00 p.m. in the Couneff Chambers in the Kenai City Hall Building. A-1. 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 a sample of non-resident fees in libraries was available to add to Ttem H-S. MOTION: Council Member Molloy MOVED for approval of the agenda with the added information to Item H-8. Council Member Eldridge SECONDED the mation. VOTE: "`Student Representative DeMello: Yes Porter Yes - Moore Yes Swarner Yes Eldridge Yes Ross Yes Mollo Yes Boyle Yes llz The City Clerk tank roll. Present were: KENAI CITY COUNCIL MEETING APRIL IS, 200'7 PAGE 2 MOTION PASSED UNANIMOUSLY. A-4. CONSENT AGENDA MOTION: Council Member Ross MOVED to remove Item F-l, Minutes of April 4, 2007 Council Meeting from the consent agenda. Council Member Eldridge SECONDED the motion. VOTE: '"Student Representative DeMello: Yes i Porter Yes ~ Moore I Yes i Swarner ~ Yes ~ ~ dge~ Ross j Yes j Molloy ~ Yes Bople Yes MOTION PASSED UNANIMOUSLY. MOTION TO APPROVE: Council. Member Moore MOVED to approve the cansent agenda as amended and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS Matthew B. Peters, Mission Avenue, Kenai -- Spoke in support of the proposed library expansion, Kathq Hens, 4540 Kenaitze Court, Kenai -- Spoke in opposition to a $25.00 two- year non-resident fee for use of the Kenai Community Library and suggested a one ,year fee of $12.56. Jim Butler, I25 Narth Willow Street, Kenai -- Mr, Butler gave an update related to the Snug Harbor Seafoods barge which broke free from its mooring and was currently submerged at the mouth of the river. Noting damages caused to the vessel from ice movement, Butler reported safety efforts being taken and to be taken for recovery personnel as well as public. It was also stated, the City's imrnediate point of contact was the city> manager. ITEM D: REPORTS OF KFB ASSEMBLY LEGYSLATORS AND COUNCILS None. 113 KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 3 ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2216-200? -- Increasing Estimated Revenues and Appropriations by $3,650,322 in tYie Runway Safety and Improvements Capital Project Fund. (Cierhs Note: Ordinance No. 2216-2007 was postponed io the Apra! 4, 2007 council meeting and then postponed to the April 18, 2007 Council Meeting.. The original motion of March 21, 2007 to approve fhe ordinance rs active. City Manager Koch reported the funding had been approved by FAA and the project was ready to be moved forward, includnzg the change order to Quality Asphalt (included with purchase orders exceeding $15.000). VOTE: 'Student Representative DeMello: Yes Porter Yes Moore Yes ~ Swarner ~ Yes Eldridge ~ Yes ~ Ross I Yes Molloy ~ Yes Bo le Yes I MOTION PASSED UNANIMOUSLY, E-2. Ordinance No. 2223-200? -- Increasing Estimated Revenues and Appropriations by $75,000 in the Saecer Park Capital Project Fund. MOTION: CounciS Member Eldridge MOVED for adoption of Ordinance No. 2223-2007 and Council Member Swarner SECONDED the motion. There were no public ar counell comments. VOTE: Student Representative DeMello: Yes Porter Yes Moore II'es Swarner Yes EIdrid~e I Yes Ross ;Yes Molloy Yes i Bowie Yes ~ MOTION PASSED UNANIMOUSLY. 114 KENAI CITI' COUNCIL MEETING APRIL 18, 2007 PAGE 4 E-3. Ordinance No. 2224-2pp7 -- Increasing Estimated Revenues and Appropriations by S322,000 in the Streets and Sewer Capital. Project Fund for Public Road, Water, and Sewer hnprovernents. MOTION: Council Member Molloy MOVED for adoption of Ordinance No. 2224-2007 and Council Member Eldridge SECONDED the motion. There were no public comments. It was noted, the funds were received from the last legislative session far public roads, water and sewer improvements. A portion of the funding would be used for some of the planned street and water improvements, including local assessment districts. VOTE: "`Student Representative DeMelIo: Yes j Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross ,Yes Molloy ~ Yes Boyle Yes ~ ~~ __ MOTION PASSED UNANIMOUSLY. E-4. Resole#ion No. 20p7-17 -- Transferring $30,000 in the General Fund for Lighting and Security Improvements at the Multi-Purpose Facility. MOTION: Councff Member Moore MOVED for approval of Resolution No. 2007-17 and Council Member Eldridge SECONDED tYxe motion. There were no public comments. MOTION TO AMEND: Council Member Moore MOVED to amend by inserting a "whereas" as the second "whereas," stating, "Wnereas, funds are available in the Athletic Reserve Fund: and," and inserting in the "Now, therefore..." paragraph, "the Athletic Reserve Fund balance will be reduced for this expenditure." Council Member Swarner SECONDED the motion. VOTE ON AMENDMENT: *Student Representative DeMello: Yes 115 KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 5 MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative DeMello: Yes Porter Yes ~ Moore Yes Swarner Yes Eidrid e Yes Ross Yes Mollov Yes Bo le ', Yes MOTION PASSED UNANIMOUSLY. E-5. Resolution No. 2009-18 -- Approving the City of Kenai Emergency Operations Plan and Authorizing Its Execution by the Mayor and City Manager. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2007-18. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. It was noted, components of the Emergency Operations Plan would have been used to respond to the harge-sinking incident discussed earlier in the meeting, as well as other like incidents where the city would be the first responders. MOTION TO POSTPONE: Council Member Malloy MOVED to postpone action on the resolution until the May 2, 2007 council meeting. Council Member Boyle SECONDED the oration. VOTE: "Student Representative DeMello: Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes Ross - Yes ,Mollov .Yes ~ Boyle ~ Yes ~ ~ ~ I ~ MOTION PASSED UNANIMOUSLY. 116 KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 6 E-B. Resolution No. 2007-19 -- Transferring $14,250 in the Airport Fund for Crack Sealing. MOTION: Council Member Molloy MOVED for approval of Resolution No. 2007-19. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-7. Liquor License Renewals • Peninsula Moose Lodge #2494 (Club) • Pizza Paradisos #3032 (Beverage Dispensary) • Oaken Keg Spirit Shop #58 (Package Store) • Rosita's Mexican Restaurant #3039 (Beverage Dispensary) Approved lay consent agenda ITEM F: MINUTES F-l. Regular Meetutg o£ April 4, 2007 -- Removed from consent agenda for research related to discussion of Resolution No. 2007-06 and possible corrections. MOTION TO POSTPONE: Council Member Ross MOVED to postpone approval of the April 4, 2007 council meeting minutes and administration not include its discussion on the Planning & Zoning Commission. meeting agenda. Council Member Molloy SECONDED the motion. VOTE: *Student Representative DeMelio: Yes F-2. April 10, 2007 Budget Work Session Notes -- Approved by consent agenda.. 117 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 7 %TEM Cx: %TEM H: NEW BUS%NESS H-1. Bills to be Ratified MOT%ON: -- None. Council Member Molloy MOVED to ratify the bills. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objectians. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding 5151000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2225-2007 -- Amending KMC 14.20.030 by Adding the Central Mixed Use Zone (CMU) to the List of Established Zones. Introduced by approval. of the consent agenda. H-4. Ordsnanee 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. Introduced by approval of the consent agenda. H-5. 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 aze in the Best Interest of the City. Introduced by approval of the consent agenda. H-6. Ordananee No, 2228-2007 --Amending SMC 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 5500,000 Restricted Cash Reserve for Repair and Maintenance of the Congregate Housing Facility. Introduced by approval of the consent agenda. 118 KEN AI CITY COUNCIL MEETING AI'RTL 18, 2007 PAGE 8 H-7. Approval -- Rescission of Lease/Lot 8, Block. 2, Cook Tnlet industrial Air Park -- Julie Latta, d/h/a Kenai Airport Hotel. MOTION: Council Member Molloy MOVED for approval of the Rescission of Lease and Council Member Eldridge SECONDED the motion. VOTE: *SCudent Representative DeMello: Yes Porter ~ Yes ;Moore Yes ~ Swamer 'Yes ~ Eldridge Yes ~ Ross j Yes Molloy Yes Bo >le Yes MOTION PASSED UNANIMOUSLY. H-8. .Approval -- Kenai Municipal Library, Non-Alaska Resident Fee. MOTION: Council Mem)xr Swarner MOVED to establish a $25.00 user fee for out-of--state residents using the Kenai Municipal Library for atwo-year period and Kenai property owners with a primary residence out of state would be exempt of the fee. Council Member Moore SECONDED the motion. Discussion followed with discussion including: • Difference Uetween out-of-state users and in-Borough but non-city resident users. • Difficulty in idenfifying City of Kenai residents due to U.S. Postal Service addressing . • Fee would assist in covering costs of books lent to out-of-state users and not returned prior to their leaving the area. • The fee would be charged only for checking out books (including audio books). Eob Peters, Library Commission Chair -- Reported the purpose of the fee would be to recover funds for non-returned books. MOTION: Council Member Ross MOVED to return the issue to the Library Commission and discuss a fee for out-of-area (non-Kenai Peninsula.residents) as weII as the out-of-state users for purposes of discussion. Council Member Eldridge SECONDED the motion. 119 KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 9 VOTE: MOTION PASSED UNANIMOUSLY. AdrninistraUon was requested to submit an estimate of dollars associated with the fee for out-nf-state and out-of-area users and what amount of actual book losses have there been during Uie last year or so when the issue is returned to council. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:15 P.M. ITEM I: COMII+ZISSION/COMMITTEE REPORTS I-1. Gouncii on Aging -- Council Member Boyle noted the April 5 meeting summary was included in the packet and reported the membership discussed proposed bV-law changes, is recommending the monthly meeting is held on the second Thursday of the month, and discussed Meals-an-Wheels fundraising events. I-2. Airport Commission -- Council Member Molloy reported on discussions which took place at the joint work session of the Airport Commission and Council related to the Kenai Municipal Aiport Supplemental Plan. I-3. Harbor Commission -- No report. I-4. Library Commission -- Council Member Swarner reported flee April 3, 2007 meeting surnmai}~ was included uz the packet and noted it was National Library Week. I-5. Parks & Recreation Commission -- Council Member Moore reported the April 5, 2007 meeting summary was included in the packet: noted Dale Sandahl was elected as Chair, Todd Wortham Vice Chair; the membership recommended purchase of a new Zamboni for the multipurpose facility; and, the membership recommended the Commission meet quarterly. I-6. Planning & Zoning Commission -- Council Member Ross reported Rita Smagge w-as sworn in as a commissioner and no public hearings were held during the Aprii 11 meeting. I-?. Msscellaneous Commissions and Committees 120 *Student Representative DeMello: Yes KENAI CP1'Y COUNCIL MEETING APRIL 18, 2007 PAGE 10 I-7a. Beautification Committee -- Council Member Swarner reported the Aprll 10, 2007 meeting summary was included in the packet and reminded all June 2 was scheduled as Plant Day, I-7b. Alaska Municipal League Report -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • Since Jason Steen would be leaving city employment as the Economic Development Director, a replacement was needed for the city's representative to the Economic Development District Board of Directors. Porter noted Andrew Riddell, Wells Fargo Bank had been highly recommended as Steen's replacement 6y representatives of the Economic Development District. Council had no objections. • Requested a copy of budgets be made available to members of commissions/comrnittees on a yearly basis. • She and members of the Kenai Historical Society are still working on moving of historical cabins currently situated behind Fort Kenay. • She participated h7 the Kenai Chamber of Commerce Bowling Tournament. • She made a presentation during the Kenai Central High School "Drinking and Driving Awareness Program" and commended Kenai, Police Officer Kelly George for his command of the student audience. + The "Trees on Willow Street" program was moving forward. • She would be speaking at a Girl Scout Leadership Tea. Administration noted, damage from ice in the river had not yet been detected, except for the barge incident, because the river was still packed with ice. Kenai River Working Group -- Councll Member Moore reported the joint proposal to the Board of Fisheries had been submitted and. the group would not be meeting again until a response is received from other agencies related to regulalion changes or the Board of Fisheries related to the submitted proposal. ITEM K: ADMINISTRATION.REPORTS K-1. Citp Manager -- City Manager Koch reported the following items: ® The Legislature had postponed indefinitely its hearing on PERS. • Senator Wagoner had contacted him to discuss a request he would be making to re-appropriate construction funds put aside for the Spur Highway upgrade project Suggested alternative projects within the city were made, including realigrunent of Marathon Road and connecting to Airport Way; upgrade of Beaver Loop Road; Wildwood Drive upgrade; and, miscellaneous gravel road upgrades. Cost estimates were forwarded to Senator Wagoner. • He spoke with Department of Natural Resources Deputy Corruhissioner and learned there had been no commitment as to the form of the regulations to be 121 KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 11 made related to the river, however it was the desire of the Commissioner to be fair, project the river, and sign the regulations by the end of April. • Thanked staff and council for their efforts in the process of preparing the budget. • Received notification from Lowe's they would not be moving forwarding with construction during the summer of 2007, however they would continue to work on the project. • Engineers working on the Wal-Mart project had been in the area following up on comments made related to the Corps of Engineers permit process and are moving forward on the project. • An end-of-the-ice barbecue was held at the multipurpose facility was well attended. Ice will be put back in for a preparation camp and try-out process in May. Koch noted, the Lowe's delay was not due to soil geotechnical issues, but partly due to their redesigning of the facility and partly because pf building costs. K-2. Attorney -- City Attorney Graves reported the following: • Referred to his memorandum in the packet and noted the draft ordinance related to the sunsetting of the Harbor Comnssion and reassignment of responsibilities would be forwarded to the Planrxing & Zonuzg Commission for review prior to being forwarded for introduction by council. • Referred to his memorandum included in the packet relating to the Airport Reserve Lease Form and noted the farm would be introduced to council at the next meeting with changes suggested by KEDS. • He will be working on minimum standards with the Airport Commission and attending an October class in that regard. K-3. City Clerk -- No report. ITEM L: DYSCLTSSION L-1. Citizens Marion Nelson, 44665 Tower hills Street, Kenai -- Noted the following: • Provided coLmcii with a cogy of the 2007 Milepost • Noted a Central Penuzsula Gardening Club was established. Ir2. Council Ross -- No comments. DeMello -- Reported on activities taking place at Kenai Central High School. Eldridge -- Stated his regret with the delay in the Lawe's development. I.aa KENAI CITY COUNCIL MEETING APRIL 18, 2007 PAGE 12 Sararner -- Reported she would not be in attendance at the May Beautification Committee meeting and the May 16; 2007 council meeting. Moore -- • Requested a report on the status of the leases in the city and progress on improvements they may be making. • Requested update of buildings in the city with. code enforcement issues. • Requested "Free Vehicle Parking and Boat Launching for City of Kenai residents during Dip net Fishing Season" as a discussion item for the next meeting. • Passed on his thanks to Finance Department employee Robin. Feltrnan with the announcement of her impending retirement from the Ciiy of Kenai. Molloy -- Requesteduzformation for the May 2, 2007 to be included with Ordinance No. 2226-2007 including education required, qualifications required, and other jobs equivalent to a Range 1G. Porter -- Reported she had assembled a team for the Quiz Bowl fundraiser. ITEM M: PENDING LEGISLATION (Items Listed below are legislation which wilt be addressed at a Iater dale as noted and are not action items far this meeting.) Resolution No. 2007-06 (Substitute} -- Approving the Lease Form for Leases of Airport Reserve Property. (Postponed, no time certain) 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 Faur-Cycle or Direct Injection Two-Cycle Engines. (I /17/07, Tabled; no time certain) Ordinance No. 2220-2007 -- Amending the Official Kenai Zoiung 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.) EXECUTIVE SESSION -- None Scheduled ITEM M: .ADJOURNMENT There being no further business before the Council, the meeting adjourned at appro~matei}> 8:55 p.rn. 123 KENAI CITY Ct7UNCIL MEE'T'ING APRIL 18, 2007 PAGE 13 Minutes submitted by: Carol L. Freas, City Clerk "The student may cast advisory votes on all matters except those subject to executive session discusston. Advisory votes shall be cast prior to the offrciai council vote anti shad not affect the outcon~ of a vote. Advisory votes shat! be recorded in the minutes. Student representatives may not move or second items during a council meeting. 124 KENAI CITY CC3UNCIL BUDGET WORK SESSION APRIL 18, 2007 5:00 P.M. KENAI CITY COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER ITEM 2: FURTHER REVVLEW OF ITEMS a. Beautification -- Brochures b. Recreation -- Sunday openings at Recreation Center c. Recreation/Multipurpose Facility 1. Security Lightrrcg/Security Improvements 2. Zamboni 3. Ventilation d. Public Works/Planning & Zoning -- Plotter e. Legislative/Audio Streaming Council Meetings -- Software Purchase ($1,500 ur/ one floating license). f. Maintenance Schedu}.e/Add airport facilities, Flight Service Station, PRISM, etc. ITEM 3: OTHER ITEM 4: ADJOURNMENT 125 KENAI CITY cauNCIL BUDGET WORK SESSION APRIL 18, 2007 5:00 P.M. KENAI CITY COUNCIL CHAMBERS NOTES ITEM I: CALL TO ORDER The work session was called to order at approximately 5:05 p.rn. Present were: Couneff Members: P. Porter, B. Eldridge, R Ross, R Molloy, M. Boyle, J. Moore, L. Swarner, Student Representative A. DeMelio Staff present: J. La Shot, R. Koch, C. Graves, C. Freas, M. Tilly, B. Frates, M. Joiner, R. Craig, and R. Cronkhite ITEM 2: FURTHER REVIEW OF ITEMS It was reported, Borough indications were property values in Kenai would increase five percent, which would add about $50,000. 2-a. Beautification -- Brochures An explanation of the use of the brochures and information included was provided. Council had no objections to including funding far the brochures. 2-b. Recreation -- Sunday openings at Recreation Center An explanation was provided related to costs to allow for Sunday openings in the downstairs of the Recreation Center from 1-6 p.m. on Sundays. Council stated na objections to the addition of $9,018.75 to cover those costs. 2-c. Recreation/Multipurpose Facility 2-c(i). Security Lighting/Security Improvements -- Council agreed to remove these costs from the 2008 budget because a resolution was included on the April 18, 2007 council meeting agenda to pay for these costs. The resolution, it was suggested, would be amended to direct the funding to be taken from the Daubenspeck Fund. Fire Department -- Discussion followed related to the possibility of increasing the Department's 2024 budget to $10,000 for the purchase of life safety coats. It was noted, grant funds were available far the purchase. Council agreed not to include the additional funds for the purchase of the coats. Police Depari:ment -- Discussion followed related to transferring $29,000 currently included in the Legislative Advertising Budget to the Police Department for the 126 COUNCIL BUDGET WORK SESSION APRIL 18, 2007 PAGE 2 purchase of a new police car. Council agreed the transfer should be made for the purchase of the vehicle. 2-c(21. Zamboni Purchase of a new Zamboni was discussed at a cost of $78,000. Funds for the purchase are to be taken from the Daubenspeck Fund. It was also noted cost of ice would be increased to $115/hour (increase of $10/hour). Coiu~cil agreed the purchase should remain in the budget. 2-ci3). ventilation -- Not addressed. 2-d. Public Works/Planning & Zoning -- Platter Discussion included continuing to use the private sector to provide the service. Council. agreed not to fund the purchase of the plotter. 2-e, Letislative/Audio Streaming Council Meetings -- Software Purchase ($1 500 w/ one floatind license). It was suggested the public opinion poll include a question of whether citizens would be interested in radio coverage of meetings. Council agreed to the purchase of the audio streaming software, but not to radio coverage of council meetings. It was also suggested a 'hit counter' be added to indicate how many people use the audio streaming. 2-f. Maintenance Schedule/Add airport facilities. Flight Service Station, PRISM, etc. Council agreed the buildings should be added to the maintenance schedule. ITEIVI 3: OTHER 3-a. Junk Cars Information was reviewed related to adding $16,300 to the Police budget to cover costs involved in removal of junk or abandoned vehicles in the citu. CouncIl agreed to include the additional $16,300 for this purpose: 3-b. Water A suggestion was made to provide battled water far members of commissions, eormnittees, boards, etc. at an estimated cost of $400/year. Council agreed not Co include the funds for the purchase of bottled water. 3-c. Replacement of Dump Trucks 127 COUNCIL BUDGET WORK SESSION APRIL l8, 2007 PAGE 3 A suggestion was made to consider replacing of a dump truck due to age of the vehicle. It was explained, the trucks in service are old, but with law mileage and would be useable far some time. Council agreed not to replace a dump truck. 3-d. Surveyin~ of Streets in Old Town Cost estimate information was provided related to right-of-way determination and as- built surveys for improvements to right-of-ways on Overland Avenue, Alaska, Avenue, Westward Street, Petersen Way, and Kenai Avenue ($34,920.00). It was noted, approximately $300, 000 of state grant funds were remaining and some of those funds could be used for researching the rights-of-way, etc. Council agreed to go forward with the project using grant funds. 3-e. Breakfast for Volunteers A request was made to include $2,000 in the Legislative Fund fora 'thank-you' breakfast for city volunteers. Council agreed to inclixsion of the funds. ITEM 4: AD3OiJRNMENT The work session ended at approximately 6:30 p.m. Notes submitted lay: Carol L. Freas, City Clerk 128 COUNCIL BUDGET WORK SESSION APRIL I8, 2007 PAGE 2 purchase of a new police car. Council agreed the transfer should be made for the purchase of the vehicle. 2-c(2). Zamboni Purchase of a new Zamboni was discussed at a cost of $78,000. Funds for the purchase are to be taken from the Daubenspeck Fund. It was also noted cost of ice would be increased to $1.15/hour (increase of $10/hour). Council agreed the purchase should remain in the budget. 2-c13). Ventilation -- Not addressed. 2-d. Public Works/Planning & Zoning -- Plotter Discussion included continuing to use the private sector to provide the service. Council agreed not to fund the purchase of the plotter. It was suggested the public opinion poll include a question of whether citizens would be interested in radio coverage of meetings. Council agreed to the purchase of the audio streaming software, but not to radio coverage of council meetings. It was also suggested a 'hit counter' be added to indicate how many people use the audio streaming. 2-f. Maintenance Schedule/Add airport facilities, Flight Service Station PRISM etc. Council agreed the buildings should be added to the maintenance schedule. YTEM 3: ®TYYER 3-a. Junk Cars '~ ~- Information was reviewed related to adding $2,50 o the Police budget to cover costs involved in removal of - abandoned ve is es the city. Council agreed to include the addition t $~2,5~0(~for this purpose. 3-b. Water A suggestion was made to provide bottled water for members of commissions, committees, boards, etc. at an estimated cost of $400/year. Council agreed not to include the funds for the purchase of bottled water. 3-c. Replacement of Dump Trucks ~., ~~~:. tl~e aTy c f KENA~ASKa „Vil(a~e wit~t a Past, City with a Fi~tr~re„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 (FAX: 907-283-3014 I~1~~1 7991 MEMO: TO: FROM: I?ATE: City Council Rick Koch April 26, 2007 SUBJECT: Community Opinian Research Poll Attached please find the response from Dittman Research & Communications Corporation. It is administration's intent to accept this proposal and move forward with the research poll. Also attached please find the questions we will submit to the pollster. If you have any changes let me know. The pollster will wordsmith the questions and present them to us for approval, so there will be one more opportunity to make changes. Thank you for your attention in this matter. If you have any questions please contact me at your convenience. attachments 129 171TTMAN RESEARCH & COMMUNICATIONS CORPORATION DRC BUILOMG 6115 JEWEL LAKE ROAD ANCHORAGE, ALASKA 99562 (967) Ph: 243.3345 Fax: 243-7172 &mail' ~ittm~n(u)aingka.,;i~t Web: ~3i~n~pr.~R~.ar~1,44q}p. April 17, 2007 Rick Koch City Manager, City of Kenai 210 Fid~algo Ave Kenai, Alaska 99622-7794 Deaz Mr. Koch, Thank you for your interest in DRC and our potential participation in your Community Opinion Reseazch Poll. Dittman Research & Communications (DRC) proposes the following: • Conduct the survey within the boundazies of the Renal city limits with a sample of n=215 for a population of 7,004; which. will yield a margin of error f6% as requested. • DRC will wordsmith the draft questions listed in your fetter of April 5, 2009, test them, and. present them for your review and approval. W e propose a questiomtaire with 9 questions. Six closed ended questions, one open-ended question that asks a general type quesridn to gather "top of mind" input from residents of Kenai such as: "What the most important challenge facing the city of Kenai today?" This quesfion should be treated as a "public hearing" where, if 275 randomly selected residents attended a public hearing, the answer to that. question might be their public testimony. We provide yea with the written transcripts of their responses. And, two demob~raphic questions such as age, geographic. break-out within city limits, length of time a resident ofKenai or family size, etc. Gender of respondent wi11 be provided at no cost. The fatal project cost is based on the information outlined above, and includes the following elements: A. Survey consultation, work schedule and planning B. Questionnaire design, construction and tasting C. Supervision and management D. Random respondent selection from within the Kenai city boundaries E. Professional interviewing employees F. Coding, editing, data entry, verification, data processing and cross-referencing of demographic information G. Preparation of verbatim, narrative descriptions of apen•ended question H. Analysis, interpretation, report preparation and presentation of Endings 1. Strategic consultation is also available after completion of research as a function of tmpiementation of research findings. • Cost estimate: $3,500 - $4,000 depending on the final number and type of questions Sincerely, /. Terr 0. Dittman Project Director, Dittman Research & Communisations Corporation 130 Possible Questions for Community Research Poli. A.pri126, 2007 Are you a resident. of the City of Kenai? No-terminate interview, Are you at least 18 years of age, No - terninate interview. 2. Do you support a project to halt bluff erosion in Kenai? Support Strongly Somewhat Support Neutral Somewhat Oppose Oppose Strongly 3. A project to halt the erosion of the bluff in Kenai is estimated to cost $ 10 million - $ 12 million. A $ 2 nvllion general. obligation bond would increase property tax by $ 34 per $ 100,000 of assessed value. Would you support a bond proposition in Che amount of $ 2 million to support the project, if the proceeds of the bond sale could only be expended when the remainder of the project funding has been secured from other sources? 4. Do you support a project to expand the City of Kenai Public Library? Support Strongly Somewhat Support Neutral Somewhat Oppose Oppose Strongly 5. A project to expand the Kenai Municipal Library is estimated to cost $ 5 million. A $ 2 million general obligation bond would increase property tax by $ 34 per $ 100,000 of assessed value. Would you support a bond proposition in the amount of $ 2 million. to support the project, if the proceeds of the bond sale could oizay be expended when the remainder of the project funding has been secured from other sources? 6. There are a number ofgravel-surfaced roadways throughout the City. A $ 2 million general obligation bond would increase groperty tax by $ 34 per $ 100,000 of assessed value. Would you support a bond proposition in the amount of $ 2 million to fund projects to gave some olthese roadways? ?. What is the most important challenge facing the City of Kenai today? 8. How long have you been. a resident of the City of Kenai? 9. If you are employed, are you employed inside or outside the city hmits7 131 0 0 0 m rn o N N M u'i ui ui 0 O N N Q w r , ~„ i~ M ~t 2. ~F FW i~ J I ~ :~ O 47 I~ ~ in t' M 00 W ~ M t0 N M tD N ~ d' W U z N z yy-- ~ J ~ ~ ~ ~ a_ o ~ ~ W a z z z 4 U n- ~ ~ J Q tom!! ~. U W 4m W W a w J ~ J_ J Cq Cq a o L" K .~ z ~ ~ ~ ~ J ~ d (7 O O O 0 0 0 0 0 0 0 o m 0 o m d d ai 0 o m O O W r O ~ ~ O O O O O O N N N N „^N v v v K K K U U U ~ F~F ~rr 7 7 O .O~ ~ 07 (/J CD > > ~ W x W z o. ~ z = _ u" 7 ~ ~ W ~ r[ R' q ~+ ~ f? Wo z z - z w w y ?> a d p_ a 132 ~ O O O o ~ r i ~ m m Q N ~ .~- H l11 ~ U ~ 4 Q- Z ~ W (7f ~ Z L11 _ ~ Q g ~ ~ ~ K Z Z 1 ~ a a m o a > ~ F ~ 1 ti ~ w ~a d o ~ a ~ 4 u z ~ ~ U a W 2 a ~ z v a ~ z ~ O U ~ ~ K }} h" 0 = o . 2 F O ~ ~ ~ ~ ® ~ ~ ~ ~ U N w ~ ~ci ~° C1 . U ~ ra T ~ ~ M W W Q rA O p CG (} U W Z off ~ ~ W ~ W J ~ z ~ O w ~ d U > ~ u.. ~ I33 Suggested by: Administration CI?'Y OF KENAI ORDINANCE NO. 2229-2U07 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $12,000 IN THE SENIOR CITIZENS FUND FOR OPERATING SUPPLIES. WHEREAS, additional revenue has been received from the Servor Connection and miscellaneous donations; and, WHEREAS, 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 Citi2ens Fund Increase Estimated Revenues: Senior Connection $6,000 Miscellaneous Donations 6,000 000 Increase Appropriations: Operating Supplies $12.000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, tFzis 16th day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (4/ 17/2007] hl Introduced: Adopted: Effective: May 2, 2007 May 16, 2007 May 16, 2007 134 Suggested by: City Manager CITY DF KENAI ORDINANCE ND. 2230-2047 AN ORDINANCE OF THE COUNCIL OF THE CITI' OF KENAI, ALASKA, AMENDING KMC 21.1G.090(d)(1) and {2) BY ESTABLISHING DIFFERENT REQUIREMENTS FOR DETERMINING THE LENGTH OF A LEASE EXTENSION t1ND EXTENDING THE NLSA'IMUM TERM OF LEASE INCLUDING ANT' EXTENSION FROM 35 TO 55 YEARS. WHEREAS KMC 21.10.090(d)(1) provides for a maximum lease term of 35 years; and, WHEREAS, KMC 21.10.090{d)(2) provides that lease extensions may be granted for ane year for each $25,000 of additional investments in permanent improvements; and, WHEREAS, KMC 21.10.090(d)(2) also provides that the maximum term for a lease including any lease extension, shall be 35 years; and, WHEREAS, it is in the best interest of the City of Kenai to provide for lease criteria that encourage new permanent improvements on the airport; and, WHEREAS, increasing the possible mardmum term of a Lease, including any extension, from 35 to 55 years wlll encourage investment in permanent improvements at the airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITS' OF KENAI, Ai.ASKA, that KMC 21.1 OA9p{d)(1] and (2) are amended as follows: 21.1flA9U Length of tease term. (,aj Unless the City determines a shorter lease term is in the best interest of the 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 construction. of new permanent improvements on the premises during the fh~st twenty-four (24) months following the beginning date of the Tease or Lease extension. (b) Unless the City deternines a shorter tease term is in the best interest of the City, the length of term for a lease renewal shall he based on aCity-approved appraisal of the value of the permanent imprnvements on ehe property as set forth in the table in subsection (d)(1 j of this section. The appraisal shall be performed by an independent appraiser certified under Alaska Statute 8.8 i with. experience appraising airport impcove'ments. The appraisal shall be paid far by the lessee. (c) If the applicant proposes to make less than one hundred thousand dollars ($100,000.00) in new permanent improvements on the premises, the maximum term of a new lease shall be five (5) years. (d) If the applicant proposes to invest one hundred thousand dollars ($'I OQ,000.00) or more in new permanent impravements nn the premises: (1) The maximum term of a new lease or a renewal of an expiring lease shall. be determined according to the following table: 135 Ordinance 2230-2007 Page 2 of 4 [APPLICANT'S INVESTMENT/ MAXIMUM VALUE (IN U.S. DOLLARS) TERM OF IS AT LEAST YEARS LESS THAN $100,000 5 $'1tHI,000-$'199,000 lS $200,000-$299,000 20 $300,000-$399,000 25 $400,000-$500,000 30 MORE THAN $500,000 35] Applicant's Inveshnent/ Maximum Value (in U.S. Dollars) Terw (InYears Less than $ 100,000 5 $ 100 000 - $199 000 10 $ 200.000 - $299 .999 15 $ 300,000 - $399 ,999 20 $ 400,000 - $499 ,000 25 5 500.000 - $599,000 30 S 600 000 - $699 000 35 $ 700.000 - $799 000 40 $ 800.000 - 5899 .000 45 $ 900.000 - $999,000 50 More than $1.000,000 55 [(2) THE MAXIMUM TERM EXTENSION FOR AN EXISTING LEASE SHALL IIE ONE (l) YEAR FOR BACH TWENTY-FIVE THOUSAND ($25,000.00) OF ADDITIONAL PROVIDED THAT THE TOTAL OF THE REMAINING LEASE TER,'vI AND THE EXTENSION SHALL NOT EXCEED THIRTY-FIVE (35) YEARS,J (2) The maximum term for a lease (initial lease rolus exteneion(s)1 shall be £iftv-five years. The length o'£ the extension(s) shall be detsrnuned according to the Following eable: 136 Ordinance 2230-2007 Page 3 of 4 Annlicatat's Investment( Maximum Valne (in U.S. Dollars) Estensiota is at Least Term of Years $ 75.000 - $100,000 5 $ 100.000 - $199.000 10 $ 200.OOD - $299,999 15 ~ 300,000 - $399,999 20 $ 400,000 - $499,OD0 25 $ 506,000 - $599.000 30 $ 600,000 - $699.ODD 35 $ 700,000 - $799.000 40 800,OD0 - $899.000 45 $ 900.000 - 8999.000. 50 (~) A bona nde third party purchaser of airport improvements Wray get an extension for an existing lease acquired with improvements based on a Cit}+-approved appraisal of the improvements purchased. Unless the City determhnes a shorter lease term is in Che best interest of the City, the extension shall he based on the table in subsection (d)(1) of this section provided Sao extension shall. extend a lease term past thirty-five (35} years. The appraisal shall. be performed by an independent appraiser certified under Alaslta Staeute 8.87 with experience appraising airport improvements. The appraisal shall be paid for by the lessee. (e) In the lease granted to the applicant. the City Manager will include a prevision requiring the applicant Co substantially complete the proposed permanent improvements within a reasonable period of time, considering Che cost and natin~e of the improvements. Provided however, that the time allowed shall not ordinarily exceed twenty-four {24} months after the effective date of the lease. (t) ha 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, aansidering 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 wiJ1 inolude a provision in e lease or lease extension requiring Che lessee to provide a performance bond, depasit, personal guarantee, ar odter 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 (o} or (f) of this section. The City Manager will determine the form and amount of Che security according to the best interest of the 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 after completion of the permanent improvements, submit to the City Manager wriCten documentation that Che improvements have been completed as required. ender subsection (e) or (~ of ehis section. {i) It the applicant shows good cause to the City Manager, and the Manager detannines the action is not inconsistent with the City's bast interest, the Manager may grant an 137 Ordinance 2230-2007 Page 4 of 4 extension that is sufficienC to allow for the completion of the permanent improvements or for submission. of documentation that the permanent improvements have been completed under this section. No extension or combination of extensions granted will exceed twelve (12) months. (j) If, within the time required under subsection (e) or (f) of this section, including any extension granted under subsection O of this section, the applicant fails to complete the required permanent improvements, the City Manager will oxecnte the forfeiture of the performance bond, deposit, personal guazantee, or other security posted by the applicant under subsection (g) of this section. to the extent necessary to reimhurse the City for all costs and damages; including administrative and legal costs, arising from. the applicant's failure to complete the required improvements, and initiate cancellation of the lease or reduce the term of the lease to a period consistent with the portion of the improvements substantiaIIy completed hi a timely manner according to the best interests of the City. (k) The, City Mutager shad review rates, charges and the investmenUvalue in the chapter every five {5) years to see if adjustments should be made. (I) When used in this section, .the following terms shall have the meanings given: (1) °`Bxpiring lease" means a Lease with less Cltan one (1) year of term remaining; (2) `Existing lease" moans a lease with at least one (1) year of term remaining; (3) `'°Petmanent improvement" means a fixed addition or change to land thefts not temporary or portable: (i) "PermanenC improvement" includes; (A) A building, building addition, retaining wall, storage rank, earthwork, fill material, gravel. and pavement, and (B) Remediation of contaminationfor which the applicant is not responsi'nle; (ii) "Permanent improvement" excludes items of ordinary maintenance, such as glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patching. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk Introduced: May 2, 2007 Adopted: May 16, 2007 Effective: June 16, 2007 138 Suggested by: Administration CITY OF KENAY ORDINANCE NO. 223Y-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE AIRPORT FUND FOR PAVING VEHICLE PARKING. WHEREAS, last year the City of Kenai began construction of a vehicle parking area at the south end of fhe airport; and, WHEREAS, this project needs to be done concurrently with the runway project; and, WHEREAS, money is available in fund balance. NOVd, THEREFORE, BE IT ORDATNED 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 Increase Appropriations: Other Buildings and Areas -Improvements other than Buildings $20,000 X20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASI4S, this 16~~ day of Map, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk .Approved by Finance:__i'~ (04/25f2007) hl Introduced Adapted: Effective: 139 May 2, 2007 Map 16. 2007 May 16, 2007 rvdlunicipat Airport Memo crs~~~~tPiCYf~f~v'Kevt~.v ~B{1.tA'1~4.i1l.L' SDS Pi. WI!l.6W ST. Sun'E ~0 t~Alfll, ALP,SKA 99E'11 TELEPNONE907283.7981 FAx ~T 2833]37 To: Rick R. Koch, City Manager From: Rebecca Cronkhite -Airport Manager ~r~ Date: April 24, 2007 Subject: Additional Funds for General Aviation Parking The project started last year to provide vehicle parking at the south end of the airport for general aviation and charter carriers remains partially complete. We allowed vehicles to park there during the winter months when the ground 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. to house work on this project last 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 y~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 reoycled asphalt material by the 25`" of May. I request the X20,000 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. 140 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2232-2007 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 building to store urea sufficient far one snow season; and, WHEREAS, the Federal Aviation Administration has indicated that federal 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 r~znd Balance $35,000 Increase Appropriations: Transfer to Capital Projects Fund $35,004 Airport StoraEe Building Capital Proiect Fund Increase Estimated Revenues: Transfer from Airport Fund $35,000 Increase Appropriations: Engineering $35,000 PASSED BY THE COUNCIL OF THE CITX OF KENAI, ALASKA, this 16~ day of May, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 2, 2007 Adopted: May 16. 2007 Effective: May 16, 2007 Approvefl by Finance:~~ (04/25/2007) hi 141 X M un~cipal tAieport Memo "$ 't`~1.Pi(~7!'f'' ~(~':YI.F~.i/ ~P.VEdk/t,~4d~' sasns.muowsT.sue~~ ~wu,aansrcA~511 TELEPFtONE 90T,28&7951 FAX 9U7,7$33797 To: Rick R. Koch- City Manager ~°`~' From: Rebecca Crankhite -Airport Manager ~} (! „ Date: April 12, 2007 Subject: Urea Sforage Building 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 on 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 unreasonable to depend on the local producer to have small quantities 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 collect moisture and produce an offensive odor which might cause further concern to the Street Department. For 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 fior 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 for the Operations Facility to design the addition without going through a new consultant selecfion process. This www.ci, keno i. ak. us. 142 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 professional services from RIM Architects, Wince-Corthel!-Bryson, and other sub-contractors on the original team. The proposal 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 Capital project account will 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 '48. 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 stcre the de-icing chemical on-site makes the response to runway icing oonditions immediate and eliminates the need to send a truck and operator off site during freezing rain or other dangerous driving conditions. wwv~~.ci. ke nai. a k.us. 143 ~. "R1M A R C H I T E C T S February 6, 2007 Rebecca Cronkhite Manager; Kenai Municipal Airport City of Kenai 305 N. Willow St. Suite 200 Kenai, Alaska 9961 I-7792 RE: Kenai Airport Urea Storage Building RIM Arch'rtocts Project rv'o. 07016 EEE PROPOSAL Dear Rebecca: 40D uee essm lafryif8eh,wu ueuie lams F. Uoupnerry. usxwa ~• Pnlmw R.RtitllLw. wim Scott R Bwnc uawee Aaron H.kupM1, va® 4fewuw P.Vappl,uaikr wwwnmvrcn¢cttsmm Thattk you far the opportunity to work for you again on the new Urea Storage Building at the Kenai Airport. I have attached fees for this project which include the following sub-consultants: Civil & Structural; Wince-Cortheil-Brysan Mechanical & Electrical; MBA Consulting Engineers, Enc. Cosi Estimating; HMS The attached fee spread sheet definestlte 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. an a time and materials basis not-to-exceed $10,000. Please review this lerter and the attached fees and. give me a call if you have any questions. Thank you again for the opportmtity to work with you at the Kenai Municipal Airport. Sincerely, RIM Architects ..~ Matthew P, Vogel, Architect ~ Or^' ALASFf Principal ~ `_ r e s ca l f s r m 2 ,q i n a t i o n 144 ~, ~ ~ ~ ;. A R C H I T E C T S ~~~ E'5~11'Yi~tE' PYOIBOt Kenai Airacrt Urea Stcreps Bltlp. ND. 7616 Delta February 6, 2007 Axohbeeti.evol Vtlt '~Mehhoc[lsvel iUN Areblteet faval tl4 grehhect Levy v morn Axoh(deE'f EmuN Y,{'dtf -•"nvrce ArohIMCN Ceti LeveFlt AAMnt eSl n ees mcu In e O OWIn W a. 24 hrs. i 84 hrs. Cover Sheet Floor Plans Refleaetl Ceilin Plars Exrador Elovafions Bulldin Sections I Eztorior Well Sections Extonor Details Interior Elevations !n[erior Details Schedules For Finishes. Doors SpeciPipatipns (spec data to be incWtleC on drzvnn s Consultation wtth and Coordination o` Subcnnsultants SchematleiPreiiminaNlFinal Reviews I TDtal f'kOnrS 24 hrs. B4 hrs. MDUrI Rates $370Ihr. $210/hr. $]60lhr. $140/hr. $105/hr. $95/hr. $55lhr. Architectural Fees $5:040 $11 76Q TOYaI Architectural Fee $16,600 Subconsultants: TDtal Subconsuitants' Fees $9,39'i. Civil $1.000 Cost Esr $7,691 Hardware Structural $2.500 interiors Environment Mechanical 52.200 Landscape Rendering Electrical 52,000 145 ~~[ ~ 4103 Minnesota Drive • Anchorage, Alaska 99503 p: 9D7.561.1553 f.' 9D7.562.D420 mal)~hmsalaska,com To: --~ RiM Architects 645 G Street, Suits 400 Anchorage, AK 99501 Attn: Matt Vogel Project; Kenai Airport Urea Storage Building Location: Kenai, Alaska 1. Pro{ect Description and Service Fee P'ro~osal DATE _ - PROPOSAL N0~ 2(5/69 P7.02.05 Prepare 95°!° submittal construction cost estimate for the fo0awing soope of work. A 720 SF concrete s{ab/CMU wail and steel framed roof construction Urea Storage Building with one ovethead tlcor. No mechanical utilifies except ventilation tan wfth power and lighting to support the building. Estimate will be in CSI Divisions 1-16 format and priced to summer 2007 construction as a eompsiitivsiy bid project. 2. Fae Breakdown Nofe: 95°a DESIGN SUBMITTAL $ 1,691.00 Ths above fee doss not include preparation of additive bid items or alternates. See 4. Tsrms below. 3. Schedule Allow fhe following full working days to provide this proposed service. Please note that the following days exclude weakentls, hofitlays and part days. 95°k Design Submittal Page 1 of 3 Wrthin (5j Working Qays 146 4. Terms Fee Proposal Deliverable: HMS Inc. will provide a copy of our estimate via email in a PDF ffie format or, it necessary, in Excel. Should a hard copy of the estimate be necessary, at your request, a bound or loose copy wl(i be provided to you. Drawings: Architect/Engineer shalt pravide HMS Inc. wfth full size, correct state drawings. Should these not be provided, it may ba necessary to increase our fee proposal and add additiona( days to complete our work. Shoutd rt be necessary, HMS Inc. has the capabi{ity to print one or two drawings, however, 6epending on the quantity, an additional charge maybe added at $4.Oti/sheet. Addlfrva Bid items orAlternafes: Our fee proposal does not include preparing estimates for additive bid items or alternates that require re~measurement of work Items included in the Base Bid cost estimate. W e reserve the right to renegotiate our fee should alternates become necessary beyond ans ar two minor attsmates or additive bid items. Reimbursa@te Expanses: This tea proposal does not pravide for tang distanaa phone calls, site visits, meetings with the owner, or any other unforeseen expenses unless listed in Section 2. Fee Breakdown. Any such Rems, ff required, will be oharged on atime-and-expense basis at our current rate schedule. PenalfylBonus Gondifian: This propose( is made on the understanding that we will not be entering into en agreement with the client that includes a penalty/bonus condition dependant on the outcome of the bid. Shouitl such a clause be required, we reserve the right to modify our proposal or possibly withdraw from the prajeat. Addiffona! Insured: Any requ+rements to name additional insureds on our insuranae policies maybe subject m additional fees Shoutd fees be added to our policy by our carrier. Payment Terms: Payment shall be made within (45) days of invoice date. Delayed payment beyond that period is subject to a t°in fee per month. Payment is not subject to you being paid by your client. Prepared By: ~~ Ehsar, Mughal, inai EMltai , ~_ Page 2 of 3 147 H ~ s 4103 Minnesota Drive ®Anchorage, Alaska 99503 p: 907.561.1663 t: 907.562.0420 mailc~hmsataska.cam FEE BREAKD©WN Project: Kenai Airport User Storage Building A/E Firm: RIM Architects Locafion: Kenai, Alaska Daie: 27512D07 Prepared By: Ehsan Mugha( Toia1 Fota/ 6iscipline Rate Nours Subtotal Hours Fee 95% Design Submittal: Projeat Estimator 125.00 Senior Estimator 107.00 Estimator 95.00 Assistant Estimator 70.00 Computer Operator 77.00 Office Support 52.50 Total 95°l° Design Submittal x 1 = 125.DD x 2 = 214.00 x 2 = 190.00 x i4 = 9SD.0D x 1 77.0D x 2 - 105.00 22 Hours $ 1,691.00 TOTAL: 22 Hours $1,891.00 Page 3 of S 148 W in ce-Cortheit-Bryson P.43, Bos 1041 Kenai, Alaska 99611 Ph.907-283-4672 Fos 907-283-4676 Rirn Architects 645 G Street, Suite 400 Anchorage, Alaska 44501 Attention: Matt Vogel Subject: Urea Building @. Kenai Municipal Airport Kenai, Alaska Matt, February 6, 2007 Wince-Corthell-Bryson is pleased to provide You with this proposal for engineering services rea.uasted on the subject project. We are familiar with the location and type of building proposed as well as the expectations of the client. We look forward to working with you on this project. As we understand the project, you wish to have civil and structural engineering services provided for the design of a single story building with a footprint of approximately 720 s.f., to be located immediate)}~ north of the ARFF-SRE facility at the Kenai Municipal Airport in Kenai. We assume the building will be of emu construction with a concrete slab on grade floor and a wood truss framed roof. The proposed site is adjacent to the existing ARFF-SRE iauilding pad and. was recently cleared of existing trees and overburden. This project will 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: Structural Engineering: $ 2,500.00 Civil Engineering: 1.OOO.OG Total $ 3,>00.00 W e have assumed the following: Separate bound specifications are not required. One full-size (22" x 34") and one half size (1 I" x I7") set of reproducible drawings, stamped and signed by an engineer, will be provided. :Rrinting of additional sets of plans is by others. Any required perrnitting fees are to be paid by others. 149 • A site topographic survey and geotechnical investigation are not required. • Construction. administration services are not a part of this scope of wodc. If you have any questions regarding finis proposal, please do not hesitate to contact me. Sincerely, Mark Bunning, P.E. Wince-Corthell-Brvson 150 O"f195(J(i 153 Suggested by: Administration CITY OF KEI3AI 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 tha 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 balance. NOV~~, THEREFORE, BE 1T 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 $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, 2oa7. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance:~~ (04/25/2007) hl May 2, 2007 May 16. 2007 May 16, 2007 154 "Sew%v-r~t~.e~Gv,rKevtctii ~evtaM~tcla%' anal rm.. Municipal Aerport Memo To: From: Date: Subject: 385 N. &41Ll.U4N ST. SIIR'E 28D I~NAI,AtASK& 998'{1 TELEPHONE 99X283~'P951 ehx 987,?E33737 Rick R. Koch- City Manager Rebecca Cronkhite -Airport Manager ~(~ (',, April 24, 2007 Construction of Cargo Pad As cargo traffic atthe airport increases and the available ramp space is more in demand it has become necessary to develop new areas for businesses to operate. Fish haul operations are seasonal and have traditionally operated on the north end of the main ramp. The number of local canneries participatihg in receiving fish via air has increased overthe last few years making zr necessary to develop a more efficient operating plan. There is an area between the aircraft ramp and the property dedicated to the Air Traffic Control Tower approximately 200 feet vide 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 approximately 800 yards of overburden. The Operations Supervisorestirnates atleast another 1,000 yards of material needs to excavated and 3,000 yards of fill material brought bade in. Once the fill is in place, recycled asphalt from the runway project can be used to cap the pad. The resufdng pad vrill be perfect far staging fork lifts, trades and assodated equipment to service the fish haul operations. Rather than lease ramp space for fish haul we can then lease each operator a 60' x 100' 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 finrn leasing the staging area to three separate users is $5,400 per year resufbng in a 5 year cost recovery. The initial cost of construdian is greatly reduced by utilizing material excavated from the float plane basin project forfill and capping the pad with recycled asphalt from the runway prajecL The fad that the construction of this pad is tied to the runway project necessitates immediate action rather than {fie original plan of doing the work in-house. I strongly recx>mmend we proceed with this project as there is signficant rbst savings associated with doing it concurrently with the runway project and the need forthis space is immediate. www. ci. kenai.ak. us. 155 -~\ ~, ~~=~~ _ :..,.., ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us ~~ tl~eu'yuf',/~ ~~N V MEMdE2ANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: Apri125, 2007 RE: KENAI CITY COUNCIL POLICY FOl? COMMISSION, COMMITTEE, soA~zlr AnrD cauNCrL aN A~~vc MEETUV~s aNa Worms sESSrnNs Attached is a copy of the above-referenced policy with amendments made legislatively The amendments uzcorporate those requested by the cosmni Sian/committees related to frequency of meetings, and meeting day. It also reflects the expected sunsetting of the Harbor Commission. None of the commissions/committees suggested changes in the policy portions of the document. Does Councit approve the amendments made to the Kerzai City Couneit Policy ,far Commission, Committee, Board and Council on Aging Meetings and Work Sessions as presented? clf Attachment 156 KENAI CFTY COUNCIL POLICY FOR COMMISSION, COMMI'i" 1'EE, BOARD AND COUNCII, ON AGYNG MEE'INGS AND WORg SESSIONS Commission. Committee Board Reapposntment: If, after a term (or consecutive term) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application, must be submitted to council for consideration and approval. Formation of Snbcommittees of Commissions, Committees or Boards: A subcommittee of a commission, committee or board may he formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcormnittee of a public entity and if the formation is approved by Council. 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 websEte at 1easC five (5) days prior to the meeting; and the meetings may be recorded with a portable tape recorder and the tapes tthe official record) stored in the City Clerk's Offiee> Meetin¢ Schedules: Until further notice, the commission/committee meeting schedule is as follows: Commission/Committee/13oazd Meeting Schedule Scheduled Meetsn Da s Planning & Zoning Commission Twice monthly January through December, Second &, Fourth Wednesdays Library Commission Monthl First Tuesda [HARBOR COMMISSION MONTHLY FIRST MONDAY AFTER FIRST COUNCIL ~ MEETING OF'I'HE MONTH] Council on n I Monthl [FIRST] Second Thursday Beautification Connnittee (NO MEETINGS I Second Tuesday ~ JAN., FEB., NOV. & DEC.] i Meetin s held March. May. July & Se tember Parks & Recreation Commission [Bl-MONTHLY] ~ First Thursday Meetinas held ~ January. April, ~ ~ Juiv & October ~ Airport Commission j Monthly ~ Second Thursday 1, Commission, committees and boards, including Library, Harbor, Parks & Recreation and Airport Commissions and Beautification Committee, shall 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. 157 4. Commissions, committees, boards anal the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific propose) on 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 ]ack of quorum, etc. 6. Ali commission, 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 commissions, committees, or boards foiTned will be set and incorporated into the following meeting schedule by the Ciiy Council. Minutes/Meeting RecordanE: 8. Excepting the Planning & 'Coning Commission and Personnel Arbitration 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. Summary minutes will Ue produced by the City Clerk. from the department liaison notes and provided to the City Council. as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning & Zoning Cormnission, shall be kept for two years. 11. Planning & Zoning Commission meeting recordings shalt continue to be kept for six years. Work Sessions: 12. Commission, 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 or at a time immediately prior to a regularly scheduled meeting, i.e. a &:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of aregularly-scheduled advertised meeting. 14. During work sessions, only items on the work session agendz may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. EFFECTIVE: This directive shall take effect on [MAY 3. 2006) May 3. 2007 and remain in effect until modified by the Kenai City Council. Approved by the Kenai City Council on the third day of May, 200[6) 7. PAT PORTER, MAYOR ATTEST: Carol L, Freas, City Clerk clf Re«sed (5(3/06] 5/3107 158 " ---r~.'~. //21fJ FidalgoAvenue, Kenai,~Alaska 98611-7734 d" 1.~'~ g - -~ Telephone: {907} 283-7535 1 Fax: (967} 283-3014 ~~_ www.ei.kenai.ak.us the ~fty o f ~~11A[, IRLASK~ U MEMORArTI)UM TO: Mayor/Council Members FROM: Carol L. Freas, City Cle~' . , ,~/ DATE: Apri125, 2007 ~~ k~' RE: COUNCYL ON AGING BY-LAW Al1~NPlMENTS Attached is a copy of the Council on Aging By-Laws with proposed amendments recommended by the Council on Aging membership and those proposed by Administration. The main changes are: I. Removal. of "Mayor's" relating to Council an Aging. These changes are being made to be consistent with the remainder of the document. (Administration request.) 2. Article III -- Amendment: provides for the monthly meeting to be held on the second'1'hursday of the month instead of the first. (Membership request.} "Note: Administration. suggested changing from monthly to quarterly meetings (the Council policy for commissions/committees, etc. allows for special meetings) and is acceptable with the Department of Senior and Disability Services in Juneau. 3. Article III -- The amendment to the annual meeting day designation will provide flexibility for setting the date and providing required adverfisement, eta (AdrnhYistrative request.) 4. Article VIII(4), Term. of Appointment and Attendance -- Removal of wording related to absences and replaced with wording from KMC 1.90.050(b) whioh provides for three excused and unexcused absences, as well as Ioss of membership. This amendment wffl provide consistency with KMC 1.90.050(b) as well as all other Gity commissions{committees. (Administration request.) 5. Article VIII, second paragraph relating to appointment as an honorary advisor. Removal of this paragraph provide the ability of a member to continue as an active voting member as long as he; she desires and reappointment is made by the Mayor, and will provide consistency with other commissionJcommittees. (Administration request.) 6. Article VIII, third paragraph relating to removal due to missed meetings. Removal of this paragraph would provide consistency with KMC h90.050. The suggested amendment to Article VIII(4) will provide far removal due to missed meetings. Does Council approve the amendments to the Courzci[ on Aging By-Laws as presented? 159 The members of the [MAYOR'S} Council on Aging, Kenai, Alaska, a local committee organized under the laws of the State of Alaska, pursuant to federal and state funding, having as its oUject, the folowing code of by-laws and rules of procedure as its guidelines in all future operations. The mission of the [MAYOR'S] Council on Aging is to advise the Mayor, City Council, Director, and the City of Kenai, of the needs of the elderly in the area, support the programs which enable the continued independence of senior citizens and serve as an advisory committee, whose purpose and make-up will be set forth under Article I, Section 3. The adoption of these by-laws and rules supersedes, replaces,. and nullifies any and all previously enacted, utilized, or governing rules or by-laws and further, by adoption of these by-laws and rules, the previously existing (MAYOR'S] Council on Aging is deemed dissolved. Article T The Council shall have a membership of nine (9} members. Over one-half of the members shall be participants of the Senior Citizens' programs, sponsored by the City of Kenai. The members of the Council shall be chosen in the following manner: 1. Members shall be chosen from among persons who have shown an interest in the areas of the problems of the elderly. 2. The Mayor will appoint members to the Council on Aging subject to confirmation by the City Council. There shall be anine-member [MAYOR'S] Council on Aging appointed by the Mayor of Kenai. Five (5) members wiIl be chosen from senior citizens who participate in the senior citizen programs sponsored by the City of Kenai. More than one-half of the [MAYOR'S] Council on Aging members shall be participants of City of Kenai sponsored senior citizens' programs. BY-LAYS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 1 160 The duties of the Council will be as follows: a. Advise the Director of Senior Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. b. Forward copies of meeting' summaries to the Mayor of the City of Kenai, who, in turn, will forward the report to the City Council. a. To the extent practical, communications, ad~dce, and reports shall be in written form and shall represent a consensus of the committee. Article II ELIGIBILITY A member of the Council shall be an adult person residing in the Kenai Peninsula area, and 5I% of which must be sixty {60} years of age or older. No employee of the City of Kenai is eligible for membership. There will be no more than one member per household. Article III MEETINGS Regular meetings shall be held monthly on the [FIRST] saC.ond Thursday of the month at 7:00 p.m. at the Senior Center. There shall be one annual meeting held [ON THE FIRST THURSDAY] in January of each year with fifteen days' notice given to all members of the Councii. Special meetings may be called by the chairperson with approval of the Kenai City Clerk and notification of Council and City Manager. Meetings maybe 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. Participating senior cit9zens shall be notified of the date, time, and place of the meeting by the monthly newsletter, as well as receipt of the meeting agenda and packet. All meetings shall be open to the public. However, this does not automatically ensure participation by non-members of the Council. Article IV PLACE OF MEETINGS The meetings shall be held at the place designated as the Kenai Senior Citizens Center in Kenai, Alaska, or at the City of Kenai offices. BY-LAYS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 2 161 Article V QUORUM A majority of the current membership shall constitute a quorum for the transaction of all business, Article VI FOwERS OF THE COUNCIL The powers of the Council are advisory only and are derived from the federal, state, and city 2oca1 governments which provide the funds for operation and all powers and activities shall be exercised in accordance with law. All action taken by this Council shaA be submitted to the City Administrator and shall be subject to approval by the Kenai Ciiy Council. Article VII. OFFICERS Officers shall be elected for one-year terms at the annual meeting. There shall be a Chairperson and Vice-Chairperson. Officers are limited to two (2) successive terms in the same office. Article VIII TERM OF APFOINTMENT AND ATTENDANCE Members of the Council are appointed by the City of Kenai to serve three (3) years or until termination by: 1. Resignation; 2. Request of [KENAI MAYOR'S] Council on Aging; 3. Upon request of the City of Kenai; or 4. [THREE (3) CONSECUTIVE ABSENCES FROM MONTHLY MEETINGS.] IS the member is absent. without the body exrn~sing the absence for good ranee frnm mnre than nnr_half of all tha maptin rra of the Cnttnril nn ronserunve caienaar monrns me memner cna~i rnerer lZn cease rn nrnn the seat. A member may not. have more than three (Si excused absences dnri g a twelve-mon h r lendar arear. The term of each appointed member of the Councff shall be three (3) years. The terms shall be staggered so that three (3) members shall be appointed every third year and three (3} members shall be appointed in each of the other years of every such three- year period. BY-LAYS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 3 162 [AFTER SLY (6J YEARS ACTIVE MEMBERSHIP ON THE COUNCIL, THE MEMBER MAY BE APPOINTED AN HONORARY ADVISOR TO THE COUNCIL WITHOUT VOTING PRIVILEGES.] (ANY MEMBER WHO MISSES THREE SUCCESSIVE REGULAR MONTHLY MEETINGS WILL BE REMOVED FROM THE COUNCIL AND A REPLACEMENT WILL BE APPOINTED BY THE MAYOR.] Artscie Ig VOLUNTEERS Volunteers wishing to serve upon. camnuttees established by the [KENAI MAYOR'S] Council on Aging maybe appointed by the Council chairperson or his representative to do so without, therefore, becoming members of the Council. Article X RULE5 OF MEETING All meetings of the Council shall be conducted in accordance with rules of parliamentary practice and, in the absence of other authority, shall be governed by the provisions of Roberts Rules of Order. At a regular meeting of the [KENAI MAYOR'S] Council on Aging, Kenai, Alaslta, the amended by-laws and rules of procedures were adapted as the official by-laws and rules of procedure by a majority vote of a quorum of the members present on the 2007. Chairperson Attest: Pat Porter, Mayor BY-LAYS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE ~ 163 [AFTER STX (6) YEARS ACTIVE MEMBERSHIP ON THE COUNCIL, THE MEMBER MAY BE APPOINTED AN HONORARY ADVISOR TO THE COUNCIL WITHOUT VOTING PRIVILEGES.] [ANY MEMBER WHO MISSES THREE SUCCESSIVE REGULAR MONTHLY MEETINGS WILL BE REMOVED FROM THE COUNCIL AND A REPLACEMENT WILL BE APPOIN'T'ED BY THE MAYOR.] Article YX VOLUNTEERS Volunteers wishing to serve upon committees established by the [KENAI MAYOR'S] Council an Aging may be appointed Uy the Council chairperson or his representative to do so without, therefore, becoming members of the Council. Article X RULES OF MEETING All meetings of the Council shall be conducted in accordance with rules of parliamentary practice and, in the absence of other authority, shall be governed by the provisions of Roberts RuCes of Order. ~kr~+x: x~ww+ At a regular meeting of the [KENAT MAYOR'S] Council on Aging, Kenai, Alaska, the amended by-laws and rules of procedures were adapted as the official by-laws and rules of procedure by a majority vote of a quorum of the members present on the 2007. Robert Friend, Chair, Council on Aging Atiest: Pat Porter, Mayor BY-LAYS AND RULE5 OF PROCEDURE FOR COUNCIL ON AGING PAGE 4 164 To: Council From: Joe Re: City of Kenai resident only parking and launching passes, Who is a resident? - Pronertv owner - RenterlLessee with household physically residing in Che city litni,ts. Proof - Borough real property tax rolls - HEA/Enstar/ACS/City of Kenai- utihxies - Currant rentllease agreement Qne pass per head of household. Pass would be good for parking or launching. Passes picked up at city hall, Vehicles to be used would need to be declared and the vehicles must be registered to the resident/property owner. Could have multiple vehicles. Registrations filled out by residentlproperty 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 a'Iways had a Croat launch at the city dock. We were able for many many years to provide access and amenities to handle the local residents and regular visitors. Ft was only with the unfunded mandate of the State of Alaska dip nec 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 Che local residents/property owners? 1 don't believe the Lass in revenues for this privilege would cause harm to the financial side of managing Chic fishery. Thanks Joe Moore lfi5 CITY t~~F K~t~AC 2SD FIDALG6 RVE., SUITE 2DD KENAt, ALASKA 9981 t-7794 TELEPHQNE 907-283-7535 FtcX 90T-283.3D14 ;A(I~~` 1992 MEMCiRANDUM TO: Mayor Williams and Councilors FROM: C (~~ Cary R. Graces, City Attorney DATE: September 9, 2004 RE: Beach Parking Fee Discounts far City Residents Councilor Moore asked me to research the feasibility of giving city residents a discount for beach parking fees during dipnet season. 1. 'The Public Trust Doctrine The public trust doch'ine originated in Roman law. It was incorporated into English Common Law and made part of American Common Law by the United States Supreme Cout in Illinois Central Railroad v, Illinois, 146 U.S. 387, 12 S.Ct. 110, 36 L.Ed 10I8 (1892). In Illinois Central Railroad, the Court held Chat states hold tidelands (the land in between the mean high and mean low water marks) "in trust for flee people of the state thaC they mtty enjoy the navigation of the waters, Deny on cammeice over them, and have the liberty of fishing therein freed from the obstruction or interference of private parties."' Id at 452, The doctrine means That there is a public access easement between the mean high acrd mean low water marks. The .Alaska Supreme Court recognized the public frost doctrine in CWC I*'isheries, Inc. v. Bunker, 755 P.2d I I1S (Alaska 198$). Lands conveyed by states to municipalities and private parties are conveyed suhjecc to the public trust doctrine. 1989 ACaska-0p. Atty. Gen (Inf.J 309, 1988 Alaska Up. Atty. Gen, (Inf.) 351. Thus, the beaches on the north and south sides between the mean high and mean low water marks are subject Co the public trust doctrine. It is important to note that the City does not charge beach access fees; we charge parking fees for areas or, both Che north and south sides, The general rate is that fees charged in ar. area covered by the public trust doctrine cannot discriminate between city and non-city residents. Hyland v. Borough ofJllenhurst, 393 A,2d 579 (N.J. 1978); F/an Ness v. Borough of Deal, 393 A. 2d 571 (N.J. Cty Ct, 1973). Sorne courts have applied that pan-discrimination yule to city facilities above the mean high tide line if the facilities are needed to access the beach. Zaroogian v, Town 166 Mayor Williams and Councilors September 4, 2004 Page 2 of 2 of Narrang¢nsett, 70I F.Supp. 302 {D.Rb 19&8); Hyland, supra. The Alaska Supreme Court has nokruled on fhatissue. Seasonal rate discounts, however; are allowed even in areas covered by the public trust docfrine if they do not unduly discriminate against non-residents. Sea Isle City v, Caterina, 303 A.2d 351 (N.J. Ciy. Ct, 1973). Because of the uncertainty of fhe propriety of differential parking rates For residents and non-residents, the council may wish to consider a seasonal rate discount, whereby a person (whether a city resident or not) could purchase a season pass for the parking areas at a discounted. fee, Please let me Icnaw if you have any questions. CRG/sp 16? AIRPORT COMMISSION/KENAI CITY COUNCIL JOINT WORB SESSION .APRIL 12, 2007 7:00 P.M. KENAI CITY COUNCIL GIiAMBERS CHAIR HENRY KNACgSTEDT, PRESIDING NOTES Commission members present: H. Knackstedt, C. Versaw, J, Bielefeld, J. Zirui, E. Mayer, L. Porter Council members present: P. Porter, B. Eldridge, R, Molloy, R. Ross, M. Boyle, J. Moore Staff present: C. Freas, C. Graves, R. Cronlchite, R. Koch Referring to a memorandum prepared by City Manager Koch, the group dfscussed the following issues: Consultant's Recommended Action -- Transition to a reconstituted Aii~ort Commission with more direct authority over the airport. Commission concerns: • Envision of the Commission having more direct ad~zsory authority with the Airport budgets, without supervision of staff. • Authoritative ability with regard to approving leases within the Airport Reserve (though council would continue to have the final authority). • Include Commission in budget preparation. • Provide Cormnissfon with copies of Airport budgets. Finding: Leasing process could be more like that with the Planning & Zoning Commission, i.e. a lease application would go the Airport Commission for review and consideration first and then the Planning & Zoning Commission (advisory review), then to Council. • The Commission/Council need to decide what consultant recommendations to implement, i.e. what processes the Commission wants more authority in handling, bringing the items to council one at a time for consideration, and learn more of the consequences that would come with each new authority. • Include processes on Comunssion meeting agendas for review and consideration. • New authority/responsibility may result in holding two Commission meetings a month. • Budget preparation and review is presently available to Commission. C7btain e~;em~tion from Borough ulattin~ requirements for Airport Reserve Lands Issue was discussed and no changes were requested. 168 AIRPORT COMMISSIONJCITY COUNCIL JOINT WORK SESSION APRIL 12, 2007 PAGE 2 Enabling incentives to encourage private development of airport land. Issue was discussed and no changes were requested. Consider adopting policies to lease rather than sell Airport Land !outside of airport reserve! and using a portion of Airport cash balances to develop revenue nroducin~ capital investments. Issue was discussed and no changes were requested. Modify parking fees. It was noted the whale fee structure was being reviewed. Issue was discussed and no changes were requested. Other. It was noted, the City has forwarded a request to the FAA to release airport ]and outside of the Reserve. No response has been issued from FAA to date. The work session adjourned at approximately 9:00 p.m. Notes prepared and suUmitted by: Carol L. Freas, City Clerk 169 KENAT PARxS 8c RECREATION COMMISSION APRII, 5, 2007 CITY HALL COUNCII. CHAMBERS 7:00 P.M. AGENDA FTEM 1: CALL TO ORDER & ROLL C_AF.L ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF OFFICERS ITEM 4: APPROVAL OF MEETING 5U11rIMARY a. December 7, 2006 b. February 1, 2007 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM B: OLD BUSINESS YTEM 7: NEW BUSINESS a. Discussion -- Bernie Huss Trail b. Discussion -- Budget/Zamboni a Discussion -- Rink Security (Trip to rink following meeting) d. Recommendation -Suggested Amendments to Izenai Giiy Council Paticy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions ITEM S: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 9: COMMISSION QUESTIONS & COMMENTS ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARY3 ITEM 11: a. Council Action Agendas of March 7 and 21, 2007. b. Beautification Committee Meeting Summary of March 13, 2007. c. February Ice Schedule ITEM I2: ADJOURNMENT 170 KENAY PARKS & RECREATION GOMMISSION APRIL 8, 200? CITY HALL COUNCIL CHAfl~ERS 7:00 P.M. VICE CHAIR TODD WORTHAM, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Vice Chair Wortham called the meeting to order at appraxirnately 7:20 p.m. Roll was confirmed as follows: Commissioners present: B. Denesen, T. Wortham, D. Hagen, and J. Beeson Commissioners absent: D. Sandahl and J. Foglia Others present: Council Member J. Moore and Parks & Recreation Director B. Frates A quorum was present. ITEM 2: ELECTION OF OFFICERS MOTION: Commissioner Beeson MOVED to elect Dale Sandahl for Chair of the Commission and Commissioner Hagen SECONDED the motion. There were no objections. SO ORDERED. MOTION: Corrurussioner Hagen MOVED to elect Todd Wortham as Vice Chair. Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: AGENDA APPROVAL Director Frates requested tent campground be added as a discussion item at New Business, hem 7-e. The agenda was accepted as submitted with the addition of Item 7-e. FTEM 4: APPROVAL OF MEETING SUMI~tARY 4-a. December 7, 2006 -- Accepted as submitted. 4-b. Februarp 1, 2007 -- Accepted as submitted. ITEM 6: PERSONS SCHEDULED TO SE HEARD -- None. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 171 7-a. Dasenssion --Bernie Huss Trail At the request of Vice Chair ~iortham, the item will be moved to the next Commission meeting. 7-b. Discussion -- Budget/Zarnboni Director Frates gave a history of the bath Zambonis now being used; due to the age of both pieces of equipment, concern has been expressed by city mechanics replacement parts may not be able to find; cost of a new Zamboni with shipping would be approximately $80,000; and, funds are available in the Daubenspeck Fund. A brief discussion followed during which it was noted the facility offers a bulk of winter recreation for youth of the community and operation of the ice facllity relies on the Zamboni working. MOTION: Commissioner Beeson MOVED to support purchase of a new Zamboni with funding from a source identified by administration. Comnv stoner Denesen SECONDED the motion. There were no objections. SO ORDERED. ?-c: Discussion -- Rink Security (Trip to rink following meeting.) Frates reviewed vandalism issues occuning at the facility during the winter and noted, proper Ievel of lighting was critical in order to set the security cameras to pick up facial features of those at the facility. Frates encouraged all to meet at the facility after the meeting to u7spect the need further. ?-d. Recammendation -Suggested Amendments to Kenai City Cauncii Policy for Commissian, Committee, Board and CouncU on Aging Meetings and Woric Sessions. The Policy was reviewed with Frates noting a previous discussion found an interest for the Commission to meet quarterly with special meetings as needed which is provided in the Policy. MOTION: Commissioner Beeson MOVED for the Commission to meet quarterly during the months of January, April, July and October with special meetings as needed. Commissioner Hagen SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: REPORTS $-a. Commission Chair -- No report, S-b. Director -- Frates reviewed planned ice activities through the end of May and bird-viewing activities at the Harbor; reported the Mayor's "Trees on Willow Street PARKS & RECREATION COMMISSION MEETING r'tPRIL 5, 2007 PAGE 2 172 program' ;provided an update of the soccer project; and, discussed violence in youth sports and the need for a Code of Ethics signs to be placed at the city sport facilities. 8-e. City Council Liaisomm -- No report. ITEM 9: COMMISSYON CQUESTYONS & COMMENTS -- None. ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE r~:ARn ITEM 11: INFORMATYON 11-a. Council Action Agendas of March 7 and 21, 2007. 11-b. Beautification Committee Meeting Summary of March 13, 2007. 11-c. February Ice Schedule ITEM 12: MOTYON: Commissioner Beeson MOVED to adjourn and Commissioner Denesen SECONDED the motion. There were no objections. SO ORDERED. There being no further bixsiness before the Carmnission, the meeting adjourned at approximately 8:10 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk PARKS & RECREATION COMMISSION MEETING APRIL 5, 2007 PAGE 3 173 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Aprll 11, 2007.7:00 p.m. 1. cALL TO ORDER:. a. Roll Call b. Agenda Approval c. Excused Absences d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission uid will be approved by one motion. There will be no separate discussion of these items unless a Commission Mettiber so requests, in which case the item will. be removed from. the Consent Agenda and considered in its normal sequence nn the agenda as part of the General Orders. 2. "°APPRd}VAL OF MINL"I'ES: a. *March 14, 2007 3. SCHEDULED PUBLIC COIvIMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: b. OLD BUSINESS: 7. NEW BUSINESS: a. Preservation Plan Update - DiscussionlSchedale Work Session S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. 2006 City of Kenai Annual CLG Report b. 2006 Amrual CLG Survey Letter to J. Bitmer dated 3/21/07 c. Zoning Bulletin - 2/15!07 & 3/15/07 d. 1" Quarter Reports - P&Z Resolutions & Building Permits 12. COMMISSION COMMENTS & QU'ESTION'S: 13. AD.TOURNMENT: 174 CITY OF KENAI PLANNING & ZONING COMMISSION APRIL Io zaa~ ~:oo P.M. KENAI CITY COUNCII. CHAMBERS CHAYRMAN JEFF TWAIfi, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Twait called the meeting to order at 7:00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Raper and confirmed as follows Commissioners present: S. Romain, R. Wells, J. Twait, P. Bryson, T. Lewis Comnussioners absent; R Fullinck Others present: Council Member R. Ross, City Planner Kebschull, Contract Secretary B. Roper A quorum was present. 1-b. Administration of Oath of Office -- Rita Smagge City Planner Kelaschull administered the Oath of Office to Rita Smagge. Commissioner Smagge took her seat at the dais. 1-c. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda adding the lay down items, including Item 1-b, Swearing In of Commissioner Smagge; Item 1-d, Excused Absence/Commisisoner Fullinck, and updated Planrdng & Zoning Commission Membership List. Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-d. Excused Absence -Commissioner Fullinck -- Approved by approval of consent agenda. 1-e. Consent Agenda MOTION: Comnssioner Romain MOVED to approve the consent agenda and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- March 14, 2007 175 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATYON OF PLATS -- None ITEM 5: PUBLIC I-m'A~$NGS -- None ITEM 8: OLD BUSINESS -- None ITEM 7: NEW BUSINESS ?-a. Discussion/Schedule Work Session -- Preservation Plan Update Kebschull noted a copy of the City's Preservation Plan was included in the packet along with the proposed update to the plan. Kebschull explained, if a work session is scheduled to discuss the proposed update, the Kenai Historical Society and other interested individuals have requested to be invited. A brief discussion. followed and the work session was scheduled to immediately fallow the April 25, 2007 Planning & Zoning Commission meeting. The Kenai Historical Society and other interested. parties will be notified of the work session. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. City Council -- Council Member Ross reviewed the April 4, 2007 council meeting action agenda which was included in the packet. 9-b. Borough Planning -- Corrunissioner Bryson provided a report based on action taken at the Borough Planning Commission March 26 and April 9, 2007 meetings. 9-c. Administration -- City Planner Kebschull noted: • There would be only one plat for the next meeting agenda. • She will be out of the office until April 19, however, Department Assistant Carver would. be available to answer any questions or to assist Conanussioners as needed. • Council returned the proposed Central Mixed lise Zone to the Commission for further review and would be included on the Aprll 25 meeting agenda or during the work session. ITEM IQ: PERSONS PRESENT NOT SCHEDULED -- None ITEM Z I: YNFORMATION ITEMS PLANNING & ZONING COMMISSION MEETING APRIL 11, 2007 PAGE 2 176 11-a. 2006 City of Kenai Annual CLG Report 11-b. 2006 Annual CLG Survey Letter to J. Bittner dated 3/21/07 11-c. Zoning BuIletin - 2/15/07 & 3/15/07 11-d. 1st Quarter Reports - P&Z Resolutions & Building Permits 11-e. Planning and Zoning Commission Roster ITEM 12: COMMISSION COMMENTS & QUESTIONS Cornrnissioners welcomed Commissioner Smagge to the Comnussion. ITEM 13: ADJOURNMENT MOTION: Corrunissioner WeIls 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 7:20 p.m. Minutes transcribed and: prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING APRIL 11, 2007 PAGE 3 17T CITY OF KENAI PLANNING & ZONTING COMMISSION AGENDA CITY COUNCIL CHAMBERS April Z5, 2007 - 7:00 p.m. 1. CALL TO ORDER: a. Roil Call b. Agenda Approval c Excnsed Absences d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will. be removed from the Consent Agenda and considered in its normal. sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *April 11, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ07-12 -Preliminary plat far Colonial Park Subdivision (A subdivision of Government Lot 160). Plat submitted by Whitford Surveying, P.O. Box 4032, So'ldotna, Alaska 99669. 5. PUBLIC FIEARINGS: 6. OLD BUSINESS: NEVF' BUSINESS: a. Discussion -Proposed Council Ordinance/Reassignment of Harbor Commission duties to other entities. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c, Administration 10. FERSONS PRESENT NOT SCHEDULED: 11,. INFORMATION ITEMS: a. Zoning Bulletin (3/1/07) 178 Agenda April 25, 2007 Fage 2 12. COMMISSION COMMENTS & QUESTIONS: i3. ADJOURNMENT: 6Vork Sessions Immediate}q Following Regntar Meeting - "Proposed Central Mixed Use Rezone" and "Preservation Plan update" 179 CITY dF KENAI PLAN1VflVG Sc ZONING COMMISSYON APRIL 25, 2007 KENAI CITY COUNCIL CHAN3I3ER5 7:00 P.M. CHAIR JEFF TWAIT, PRE52DING MINUTES ITEM I: CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows: Commissioners present: J. Twait, P. Bryson, R. Smagge, T. Lewis, R Fullinek, S. Romain Conunissioners absent: R. Wells Others present: Councilperson R. Ross, City Planner Kebschull, Department Assistant Carver, Contract Secretary B. Roper A quorum was present. 1-b. Agenda Approval MOTION: Commissioner Lewis MOVED to approve the agenda as presented. Commissioner Bryson SECONDED the motion. City Planner Kebschull requested Commissioner Wells be added under Item 1-c., Excused Absences. Commissioner Lewis requested that be added fio his motion and the second concurred. VOTE: MOTION PASSED UNANIMOUSLY. 1-c. Excused Absences -- Commissioner WeIIs No objections were stated. I-d. Cansent Agenda aso MOTION: Corrunissioner Romain MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. 50 ORDERED. ITEM 2: APPROVAL OF MINUTES -- April 11, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ07-12 -- Preliminary Plat for colonial Park Subdivision (a subdivision of Government Lot 160). Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. City Planner Kebschull noted the following: • The plat would create tluee additional lots from one large parcel for a total of four lots. All four lots would meet the ,,,intmum lot size requirements far the zone. Water and sewer was available to serve the parcels. There is a 25-foot water and sewer easement along the northern half of Lot i. • Colonial Drive would provide access to Lots 1 and 3 and Candlelight Drive would pro~nde access as well as water and sewer service to Lots 1, 2 and 4. • Staff recommended approval with the requirement the plat would verify there would be no encroachments created by the subdivision. Additionally, the front sefbaek for Lot 4 would be measured from where the lot met minimum width for the zone. Chairman ltvait reviewed the rules and opened the meeting for public comment. There being no comments, the public hearing portion was closed. MOTION: Commissioner Romain MOVED to approve PZ07-12 including staff recommendations. Commissioner Fullinck SECONDED the motion. VOTE: Wells Absent Twait Yes B son Yes ~Sma~ge Yes Lewis Yes Fullinck ,Yes Romain ~ Yes PLANNING & ZONING COMMISSION MEETING APRIL 25, 2007 PAGE 2 181 MOTION FASSED UNANIMOUSLY. ITEM 5: PUBLIC ~ART~GS -- None ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS 7-a. Discussion -- Proposed Council Ordinance/Reassignment of Harbor Commission Buttes to Other Entities. Kebschull reported the sunsetting of the I-iarbor Commission would be considered by Council. in doing so, some duties currently held by the Harbor Commission would be reassigned to other commissions with. the Planning & Zoning Commission rec~iewing tidal land leases. Council Member Ross also explained the City Council had not yet reviewed the recommended changes and time was available for the Commission re~flew and consider the list of duties. Kebschull indicated a draft ordinance would be provided at the next meeting for full discussion. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. Cite Council -- Council Member Ross provided a brief report on action taken at the April 16, 2007 City Council meeting. 9-b. Borough Planning -- Commissioner Bryson provided a report based on actions taken at the April 23, 2007 Borough Planning meeting. 9-c. Administration -- City Planner Kebschull noted the following; • There had been. more activity and input from the public with regard to building permits, etc. • The Caze Center received funding for their new addition; their 1980 permit will be upgraded to include the new structures; and, the issue would be before the Comrrii sign as a public hearing item at the second meeting in May. ITEM IO: PERSONS PRESENT NOT SCHEDULED Bob Peters, Kenai, Alaska -- Mr. Peters requested an explanation for the purpose of the Mixed Use Zone. It was suggested the item be discussed at the work session following the regular meeting. ITEM II: INFORMATION ITEMS II-a. Zoning Bulletin (3/1/07) PLANNSNC 8. ZONING COMMISSION MEETING APRIL 25, 2007 PAGE 3 182 ITEM 12: COMMISSION COMMENTS & QUESTIONS --None. YTEM 13: ADJOURNMENT MOTION: Commissioner Flallinck M0~7ED to adjourn and Commissioner Smagge SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Coirunission, the meeting was adjourned at approximately 7:23 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING APRIL 25, 2007 PAGE 4 183 ~\ -- ,=1 e`ithe~upty opfy~~{/ K6R~~~`ryN,/MallllA V "~'~l~~e ujit~ ~ l'~st, pity wit~t a ~utu~'e~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,~~,,,~!ah Telephone: 907-283-7535 /FAX: 907-283-3014 t' I I I C 199? MEAiO: Ta: c;ty co~ncn FROM: Rick Koch DATE. April 26, 2007 SUBJECT: Kenai Locat improvement Districts. & Miscellaneous Paving Attached please find a construction schedule for the aUove referenced project. 184 I Ij ' ;~ i I I IQ II i ~ - -° -{ m n ' i II I o 0 € o n 1 x Q = NO N i y q ~ ~ m ~ ~ c u o ~ ° m D ~ I N G m U ` ~ t~ m m Q O ~ ~ x y tl y ~ W ~ ID T . ... .. . ... .... ... ....... . ... .. ..... ............ ...... ... _.. ` c __..... y.. ~ I o ~ ~ O m ' ' P! ° o ~ j N O V M: d ri. W ~ M .J t0 l I I `m m m ~ o ^: ~ C -o i~ ~ ~ O 9 R d m Dt d O N C Cl ~ C' ~- p d fp 0- =- -,~j ' Q M Y W V' . u N , ~ _ , y w m d~ O~ d O • ^ O~ d y} m J ~i ~' d ~y . O ~ 9 P .ud. y R U O L Y ^} F= m ~ "O" V N' b i`p V 6 N 1. r O bi O U ~ N .C 'C 'J Y R ~ ~' b O~ T ~ O ~> R i U V~ x J R N N T d ~ N 'N N TL N t m ~ K m v c ^ a 6. ' n c v V w d~ m N ~ ~ N c m m ' v D o 6' LO _ T. b J J _ , . ~ J L U 4 a L .:II~L Q L A 6 I F ~ ~ g' m N L ~ d~ ~ 9 t ^ = O tG N 1 gq , .. 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I _ ~ i N I I I I I ~+ N I i, Y i I ~ i 1 b as ~ f I ~ ~ i I -~ ~ r__. _ I i ~ 1__ I ~ ~- :- ' `I. ~ f 7- 1" i I ~ .~ ~ r.l I .~ ~ K ~ p Im +Y Im IM Im M jm In N ~m m Im Ip~ m o j~Y I C' rv Im < V IC V im IP im 4 ~n iV m 'C O~ - p m N R! itp ID IN C ib i0 ~R1 m ~n tp ( fN ~ im BOO to N b' ItD im im m m I ~ ~ i ~ i f ~ I f ,..\ ~,;~-, ,._._, El~ecilyaf ~~Wl9L~S v April 26, 2007 ~a~`Llf~~e te~E~~r ~ ~s~ ~i ~~~ ~ ~r~~~~°e ~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 f Fax: (907) 283-3014 www.cL kenai.ak. us Subject: Fo#entiai Forma#ion of Local Impravement District for Shamrock, Blarney &Brannigan Circfes Dear Property Owner: The purpose of this correspondence is to invite you to a meeting I will be having wi#h some of the property owners in Shamrock Circle to discuss. the potential formation of a local improvement district (LID) to pave their roadway and cul-de-sac. in reviewing information regarding Shamrock Circle, I see both Blarney Circle and Brannigan Circle are the same design, same present condition, and in the near vicinity. If we are going to discuss the formation of an LID far Shamrock Circle, it seems logical to me to include the owners of property in Blarney &Brannigan Circfes to see if you are interested in joining an LID to pave your cul-de-sacs. Enclosed please find a cost estimate for the paving of these three cul-de-sacs. The individual assessments would be the same whether one, two, or all three cui-de-sacs were paved. If yaur property fronts Aliak Street, your estimated assessment would be $1,696.25. The assessment for all other Lots wauld be $3,392.50. I will be meeting with the owners of property in Shamrock Circle an Monday, May 7, 7 p.m., at Kenai City Hall, 230 Fidaigo Avenue. I encourage you to attend if you are able to do so. Thank you for your attention in this matter. If you have any questions, please call me at your convenience. Sincerely, CITY OF ENAI ~j~~ Rick Koch City Manager Enclosure 187 SHAMROCI4, BL,4RNEY & ~RANNIGAN CIRCLE PAVING PRC7JECT COST ESTIMATE FDR 511% t3WNER/5(3% CITY OF KE NAI LOCAL IMPROVEM ENT ®ISTRICT Unit Cost Item Descripti on Unit Quantity Cos4 Sub-Total Asphalt 2" Ton 540 $ 100.00 $ 54,000.00 Crushed Aggregate Base Course Ton 1050 $ 20.00 $ 21,000.00 Surface Preparation LS 3 $ 2,500.00 $ 7,500.40 Traffic Control LS 3 $ 500.00 $ 1,500.00 Adjust Sewer Clean-Out LS 3 $ 350.00 $ 1,050,00 Adjust Water Valve Box LS 3 $ 350.00 $ 1,050.00 Sawcut Ex. Asphalt LS 3 $ 500.00 $ 1,500.00 Striping (Stop Bar) LS 3 $ 300.00 $ 900.00 Su b-Total $ 88,560.00 Engineering @ 20% $ 17,700.00 Contingency @ 15% $ 15,930.00 Total $ 122,130.00 PROPOSED ASSESSMENTS Property City of Owner Kenai Legal Description Owner Share Share Total Lot 1, Donnybrook-Shamrock" Gonzalez $ 1,696.25 $ 1,696.25 $ 3,392.50 Lot 2, Donnybrook-Shamrock Eddens $ 3,392.50 $ 3,392.50 $ 6,785.00 Lot 3, Donnybrook-Shamrock Wahl $ 3,392.50 $ 3,392.50 $ 6,785.04 Lot 4, Donnybrook-Shamrock Artrnan $ 3,392.50 $ 3,392.50 $ 6,785.00 Lot 5, Donnybrook-Shamrock Calix $ 3,392.50 $ 3,392.50 $ 6,785.00 Lat 6, Donnybrook-Shamrock Isaacs $ 3,392.50 $ 3,392.50 $ 6,785.00 Lot 7, Donnybrook-Shamrock" Copple $ 1,696.25 $ 1,696.25 $ 3,392.50 Lot 1,Donnybrook-Blarney* Davis $ 1,696.25 $ 1,69625 $ 3,392.50 Lot 2, Donnybrook-Blarney Zimmerman $ 3,392.50 $ 3,392.50 $ 6,785.00 Lot 3, Donnybrook-Blarney Davis $ 3,392.50 $ 3,392.50 $ 6,785.00 Lot 4, Donnybrook-Barney McKinnon $ 3,392.50 $ 3,392.56 $ 6,765.00 Lot 5, Donnybrook-Blarney Nammoon $ 3,392.50 $ 3,392.50 $ 6,785.00 Lof 6, Donnybrook-Blarney Subera $ 3,392.50 $ 3,392.50 $ 6,785.04 Lo# 7, Donnybrook-Blarney* Bravo $ 1,696.25 $ 1.,696.25 $ 3,392.50 Lot 1, Donnybrook-Brannigan* O'Loughlin $ 1,69fi.25 $ 1,69625 $ 3,392.50 Lot 2, Donnybrook-Brannigan Steik $ 3,392.50 $ 3,392.50 $ 6,785.00 Lot 3, Donnybrook-Brannigan Marlowe $ 3,392.50 $ 3.392.50 $ 6,785.00 Lo#4,Donnybrook-Brannigan Williams $ 3,392.50 $ 3,392.50 $ 6,785.00 Lot 5, Donnybrook-Brannigan Macrander $ 3,392.50 $ 3,392.50 $ 6,785.00 Lot 6, Donnybrook-Brannigan Stevens $ 3,392.50 $ 3,392.50 $ 6,785.04 Lot 7, Donnybrook-Brannigan* Stevens $ 1,696.25 $ 1,696.25 $ 3,392.50 Totals $ 61,065.00 $ 61,065.00 $1 22,130.00 * Lots Fronting Aliak Assessmen t Reduced 50% 188 PROPOSED Suggested by:Council CITY OF RENAI ORDINANCE NO. *-200'7 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEhIAI, ALASKA, AMENDING TITLE I 1 OF THE KENAI MUNICIPAL CODE BY ELIMINATING THE CITY OF KENAI HARBOR COMMISSION, REASSIGNING ITS DUTIES TO OTHER ENTITIES WITHIN THE CITY OF KENAI AND UPDATING REGULATION OF THE HARBOR AREA . WHEREAS, Tide 1 I of the Kenai Municipal Code established the Kenai Harbor Commission and sets forth its duties and respansiti~'fides; and, WHEREAS, it has become increasingly difficult to recruit committed Harbor Commission members to achieve a quorum for Harbor Corzi~ission meetings; and, WHEREAS, the duties of the Harbor Commission can be reassigned to the City of Kenai Planning and Zoning Commission and City Manager; and; WHEREAS, it is in the best interest of the City of Kenai to eliminate the Hazbor Commission and reassign its duties; and,, WHEREAS, the rules reg~dhg tYie regulation at the `harbor" area contained in Title I I of the Kenai Municipal Code need to be revised and updated. WHEREAS, it is m the best interest of the City of Kenai to eliminate the Harbor Commission and reassign it d=hties. NOW. TH~REFORE, BE IT 0RDAIN~D BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Title I 1 of the Kenai Municipal is amended as shown in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2007. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted:* Effective:* 189 Chapter 11,.05 HARBOR MASTER 11..05.010 Harbor Master. 11.05.020 Harbor defined. 11.05.030 Harbor regulations. 11.05.040 Permit for terminal or transportation facilities. 1LOS.050 Condition as to equal services and rates. 11.05.060 Investigation of holder-cancellation. 1.1.05.070 Facility rates and charges. 11.OS.U80 Leasing not prohibited. 11.05.040 Use of launch ramp and float. 11.05.010 Harbor Master. The Harbor Master, shall be annointed by the City an€!er [THE PITBLIC WORKS DIRECTOR]. The Harbor Master shall be the chief administrator of the harbor and its facilities. He shall have alt powers and duties prescribed by ordinance and the regulations an"d rates prescribed by the City Manager, In addition, insofar as it is appropriate, shall have all powers and duties and rates prescribed by the City Manager, suh,]ect to approval by the Council; and, in addition, insofar as it is appropriate, shall have all powers and duties imposed upon harbor masters, port directors, and administrative heads of harbors and ports by Federal or State law. 11.05.020 Harbor defined. The harbor shall. embrace all that portion of tie Keriai River located within the City of Kenai, including all tide and,~~submerged lands, whe~ier fillJed or unfilled, situated below the line of mean high tide[, AS M1~ BE LEASED FROM THE STATE OF ALASKA]. 11.05.030 Harbor regulations. ,~ The City Manager is hereby empowered, stibj ect to change by the Comicil, to make such rules and reginlations required for the operation of the harbor, not in conflict with the provisions of this Cole, and to esta~$ish the fees, rates, and charges for the billing and collections for the suppoi~ of the harbor, and >zo person shal9~ai1 to comply with any such rule or regulation. 11.05.040 Permit for terminal or transportation facilities. [(A) ALL LESSEES, OWNERS, OR OCCUPANTS OF PROPERTY WITHIN TI-IE HARBOR OR CONTIGUO,~S TO IT WHO WISH TO CONSTRUCT OR OPERATE TERMINAL OR TRANSPORTATION FACILITIES OF ANY KIND THEREIN; INCLUDING BUT NOT LIMITED TO DOCKS AND WAREHOUSES, SHALL APPLY TO THE LANDSCAPTNG/SITE PLAN REVIEW BOARD FOR A PERMIT. APPLICATION THEREFOR SHALL BE MADE IN ACCORDANCE WITH REGULATIONS DESCRIBED IN KMC 14.2>, ENTITLED "LANDSCAPING/SITE PLAN REGULATIONS," AND SI3ALL BE ACCOMPANIED BY A PLAN OP THE PROPOSED CONSTRUCTION, WHICH SHALh MEET ALL STANDARDS AND REQUIREMENTS WHICH MAYBE SET FORTH BY THE COUNCIL. Chapter I 1 l-larbor Attachment "A" 4/27Y2007 10:07 AM tJ:Ndy DoeumentslCierkiChanter 11.doc 190 Page I ofdG (B) THE APPLICANT SHALL REFER ALL PLANS OF THE TYPE OR LOCATION OF ANY PROPOSED CONSTRUCTION WHICH ARE OR MAY BE IN CONFLICT WITH THE GENERAL CITY FLAN TO THE HARBOR COMMISSION AND THE LANDSCAPING(SITEPLRN REVIEW BOARD TO DETERMINE WHETHER SUCH PROPOSED CONSTRUCTION SS TNt KEEPING WIT$ THE OBJECTIVES OF THE GF.,NERAL PLAN. THE DECISION OF THE LANDSCAPING,'SITE PLAN REVIEW BOARD SHALL BE BINDING UNLESS APPEALED BY COUNCIL. THE BUILDING OFFICIAL MAY ISSUF, PERMITS UPON SUCH TERMS AND CONDITIONS AND FOR SUCH DURATION AS IT MAY DEEM PROPER, AND NO CONSTRUCTION MAY BEGIN OR OPERATION CARRIED ON WITHOUT A PERMIT FROM TI-I~i~ BtJ^ILDING OFFICIAL.] IIAS.O50 Condition as to equal services and rates. [IT SHALL. BE A CONDITION OF ALL PERMI`T'S GRANTED BY TI3E CITY COUNCIL THAT THE FACILITIES Tt) BE CONSTRUCTED AND THE SERVICES TO BE SUPPLIED IN CONNECTION WITI-I THEM SIfi~LL BE MADE AVAILABLE TO ALL CARRIERS UPON EQUAL TERMS, AT EQUAL RATES, AND WITHOUT ,y DISCRIMINATION OF ANY KIND.] 11.05.060 Investigation of holder-Canse[~afion. [THE CITY COUNCIL MAY INQUIRF_ INTO THE MANNER IN WHICH OBLIGATIONS UNDER THE PERMITS ISSUED BY IT ARE CARRIED OUT, AND PITT"0 TILE RATE SCHEDULES AND PRACTICBS OF THE PERMIT HOLDERS FOR PURPOSES OF DETBRMINING WHE1'~IER TFIE PROVISIONS OF THE PERMITS ARE BEING COMPLIED WITH, I,T SHALL HAVE ACCESS TO BOOKS AND RECORDS AND TO TERMINAL AND "TRANSPORTATION FACILITIES AS MAY BB REASONABLY NECESSARY TO ENABLE IT TO MAKE SUCH,A DETERMINATION. SHOULD THE COUNCIL f1w~" ANY TIME FIND THE PERMIT"T-IOLDER IS NOT COMPLYINCr WITH THE TERMS O'T~"`T'iIS PERMIT, IT MAY CANCEL THE PERMIT UPON SUCH NOTICE AND IN ACCORDANCE WITH SUCH PROCEDWRE AS IT MAY, BY REGULATION, PRE~GRIBE.] 11Ai070 Facility rates and charges. [THE CITY MANAGER SHALL FIX THE RATES AND CHARGES FOR THE USE OF ANY AND ALL TERMINAL OR TRANSPORTATION FACILITIES CONSTRUCTED ON .PROPERTY UNDER ITS JURISDICTION, INCLUDING CHARGES ASSESSED AGAINST VESSELS; THEIR OWNERS, AGENTS OR OPERATORS WHICH LOAD OP. DISCHARGE CARGO AT ANY OF THE TERMINALS WITHIN THE HARBOR AREA; CHARGES FOR BERTHAGE WHILE LOADING OPT DISCHARGING CARGO; CHARGES FOR ADMINISTRATIVE EXPENSES IN SERVING THE CARRTER'S CHARGES FOR FREIGHT HANDLING, LOADING, UNLOADING AND WHARF DEMURRAGE RATES. SUCH RATES AND CHARGES SHALL BE JU5T AND REASONABLE, AS DETERMINED BY THE CITY MANAGER, SUBJECT TO CI-IANGE BY THE COUNCIL, AND SHALL, BE Chanter t i Harhnr Attac6mant "A° 4/27/2067 10:09 AM UaMy DncumentslCferk\Chanter I l.doc Page 2 of 46 191 PiiBLISHED BY POSTING ON THE COUNCIL BULLETIN BOARD AND IN SUCI-T OTHER MANNER AS THE COUNCIL MAY REQUIRE.] 11.05.080 Leasing not prohibited. Nothing in this chapter or in this code of ordinances shall prohibit the City Council from leasing the docks, dock sites, and other harbor facilities to ptivate persons, firms, and corporations. 11.05.090 Use of launch ramp and float. (a) The City of Kenai launching facility shall be open to flee public upon reasonable terms and conditions as provided by regulation. (b) Failure to pay a boat launch fee for the City of ICenal launching facility set forth according to KMC 11.05 within one (1) hour of the retrle~+al of the boat or verse! from the water shall be a violation punishable by a tine of $50.00. (Ord. 1597-94) (c) It shall be unlawful to block access to etth~r' of the launc~t ramp or float faciIiL~'es. "Blocking access" means leaving a boat, trailer, or vehicle upon the~launch ramp or float in such a position as to prevent the launching or retrieval of boats {d} Person blocking access to the rant or float facilities shall be subject to a civil penalty as provided in KMC I3.05.OI0(b}. (e) Each one-hour period for which the ramp or float is blocked shall be considered a separate offense for the purposes of civil penahias. Chapter 11.10 hIAI2I3OR CQMMISSTON 11.10.01.0 Duties and powers. 11.14.010 Duties and powers. [(A~~`~ THE COMMISSION SHALL SE REQUIRED TO DO THE FOLLOWING: (1) DEVELOP, ADOPT, ALTER, OR REVISE, 5I7BJECT TO APPROVAL BY THE CITY CQUNCIL, A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF HARBOR OR PORT FACILITIES FOR THE CITY. SUCH MASTER PLAN WITH ACCOMPANYING MAPS'';"PLATS, CHARTS, DESCRIPTIVE, AND E}:PLANATORY MATTER, SHALL SHOW THE COMMISSION'S RECOMMENDATIONS FOR THE DEVELOPMENT OF`TI-IE CITY HARBOR FACILITIES MAY INCLUDE, AMONG OTHER THINGS: (l) DEVELOPMENT OF THE TYPE, LOCATION, AND SEQUENCE OF ALL PUBLIC I-HARBOR FACILITIES; {II) THE RELOCATION, REMOVAL, EXTENSION, OR CHANGE OF USE OF EXISTING HARBOR FACILITIES; (2) SUBMIT ANNUALLY TO THE CITY MANAGER AND COUNCIL, NOT LESS THAN NINETY (90) DAYS PRIOR TO THE BEGIN-WING OP TPIE BUDGE'T' YEAR, Chapter ll Haroor AttaciirnenC "A° 4/27/2007 1 Q:07 AM 0:\My Documents\Clerk\Chapter I Ldoc Fage 3 of 46 192 A LIST OF THE RECOMMENDED CAPITAL IMPROVEMENTS WHICH, IN THE OPINION OF THE COMMISSION, ARE NECESSARY OR DESIRABLE TO BE CONSTRUCTED DUPING THE FORTHCOMING THREE (3) YEAR. PERIOD. SUCH LIST SHALL BE ARRANGED IN OP.DER OF PREFERENCE, WITH RECOMMENDATIONS AS TO WHICH PROJECTS SHALL BE CONSTRUCTED IN WHICH YEAR. (~) M.AKE INVESTIGATIONS REGARDING ARTY MATTER RELATED TO CITY HARBOR FACILITIES, TIDE OR SUBMERGED LANDS. MAKE RECOMMENDATIONS TO THE COUNCIL RELATIVE T'O THE CARE, CONTROL, AND DEVELOPMENT OF TIDE AND SUBMERGED LANDS. (4'~ ACT IN THE CAPACITY AS DIRECTED AND AUTFIORIZED BY A TIDELANDS ORDP,vANCE ADOPTED BY THE CITY. (5) REVIEW ALL CITY LEASES OF CITY-OW=NED TIDE, SUBMERGED, AND LANDS OR NAVIGABLE WATERS WITHIN THE CI~'Y> AND AS TO THE PLAIv'NED IMPROVEMENTS PROPOSED AND MAKE REC0I'TriIEN1~ATIONS TO THE CITY COUNCIL. ,:, (6) MAKE AND PREPARE REPORTS AND PLANS?POR APPROVAL BY TI-IE CITY COLJNClL. (7) COORDINATE PIJBLIC~EFFORTS; INDIVTD~UAL AND CsROUP, TO THE EFFECTUATION OL` APPROVED PUNS. (8} SF-IALL ACT IN ADVTSORY CAPACITY IN THE SEI;ECTION OF A HARBOR DIRECTOR SHOULD SUCH A POSITIC)N BE CREATED BY THE CITY" coUNCZL.~ Chapter 11.15 TIDLd.,ANTDS 1'1.15.010 Short title. I1.1~.02t1 nefinitions. 11..1"5.030 ApProtial and acceptance of State conveyance. ..1.1..15.040 Approval and adoption'•of subdivision plat. .E 1.1.1.5.050 Time and' places of posting plat. 11.15,060 Publication of notie of posting plat and plat and passage of ordinance. 11.1S.Q70 Time in which applications will be accepted far filing. 11.15.080 Prgcedure'Por tiling applications. 1..1.15.090 1n~fial re~icw by Commission. 11.15.1.00 Preliminary plat. 11.15.110 Preliminary plat requirements. 1.1.15.120 Survey procedure. 11.15.130 Procedure on final plat. 1.1.15.140 Final plat requirements. 11..1.5.1.50 Deposits fm- costs prerequisite to tiling. 11.15.160 Additional costs in certain cases. 11.1.5.170 Procedures for proeessing Cfed applications. 11.1.5.180 Appraisal. 11.15.1.90 Review by City Engineer. Chapuer ]1 Hnrbor ACtachment "A" 4/27/2007 7 0:07 FtM U^My Documents\Clerk\Chaoter ll.doe 193 Pa~e4of 46 11.15.200 12ecommended approval by Commission. 11.15.210 Processing of approved applications by Clerk and notice to public. 1 L..15.220 Deeds-Permanent register. ,11..15.230 Special proceedings foe disputed claims. ll.1.5.240 Proceedings for determination U3. Council of all disputes. 1115 ?50 Determination upon stipulation of facts. 11.1.5.260 Rejection of protests other than by applicant. 11.15.270 Handling of deposit and purchase foods. 11.15.280 Forfeiture of preference rights. 11.15.290 Forms. l L15.010 SHORT. TITL>/. [THIS ORDINANCE SHALL BE KNOWN. AS THE ``KENAI TIDELANDS ORDINANCE.") ~. 11.15.020 llEFINITIONS. [FOR THE PURPOSE OF THIS ORDINAI~1CE, TILE TERMS DEFINED HEREIN SHALL HAVE THE MEANING PROVIDED iJ~L.ESS THE CO~~ITEXT REQUIRES OTHERWISE: (A) °`ALASKA" MEANS THE STATE OF ALASKA. (B) "AGRICULTURAL LANDS" MEANS TIDELANDS CHIEFLY VALUABLE FOR AGRICULTURAL PUP~POSES. (C) "ASSESSOR" MEANS THE ASSESSOR OI' THE CITY OP KENAI, ALASKA, OR OTHER INDIVIDUAL DESIGNATED BY THL GT'IY MANAGER TO PERFORM TIIE FUNCTIONS HEREIN tLSIGNED TO THE ASSESSOR. , (D) "CITY" MEtIi~I~IS THE CITY OF KENAI, ALASKA. "CITY ENGINEER"' MEI~NS THE CITY ENGINEER OF THE CITY, OR OTHER CITY OFFICIAL DESIGNATED` TO P$RFORNI*TfHE FUNCTIONS HEREIN ASSIGNED TO TIIE CITY ~Iaa`:CrINEER. (F) "CLASS I PREFEREI~1CE RIGHT" MEANS THE RIGHT EXTENDED TO PERSONS WI30~l~CCUPIED OR DEVELOPED TI~7E OR SUBMERGED LANDS SEAWARD OF A SL'RVEYEL? TOWNSITE CLN AND.,PRIOR TO SEPTEMBER 7,1957, AND WHO HAVE EXECUTED A WAIVER TO T'HE CITY AND STATE OF ALL RIGHTS SUCH OCCUPANT MAY HAVEI3AD PURSUANT TO PUBLIC LAW 8>-303. UPON EXECUTION OF THE WAIVER, SUCH PERSONS OP. THEIR SUCCESSORS IN INTEREST, HAVE TI-IE RIGHT TO ACQUIRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS FROM THE CITY FQI2 CONSIDERATION OF THE COSTS OF SURVEY, AND TRANSFERRNG AND CONVEYING THE TITLE. {G) `"CLASS II PREFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO CLASS I PREFERENCE RIGHT CLAIMANTS WHO REFUSE TO EXECUTE A WAIVER TO THE CITY OF ANY RIGHTS SUCH OCCUPANTS MAY HAVE ACQUIRED PURSUANT TO PUBLIC LAW 85-303. FT SI-IALL BE MANDATORY FOR THE CITY TO EXPEDITIOUSLY DONOR THE APPLICA'ITON FROM THE OCCUPANT AFTER THE SECRETARY OF THE ARMY HAS SUBMITTED TO THE SECRETARY OF THE INTERIOR AND GOVERNOR OF THE STATE MAPS SHOWING THE PIERHEAD LINE ESTABLISHED BY THE CORPS Chape~r 11 Harbor Ateacilment"A" 4/27/200710:07 AM UaMy' Documents\Cferk\Chanter 1 ;.doe Page 5 ci 46 194 OF ENGINEERS WITH RESPECT TO THE TRACT SO GRANTED. THE MOST EXPEDITIOUS METHOD OF SECURING TITLE TO SUCH LANDS IS TO EXECUTE THE WAIVER OF CLASS II RIGHTS AND PROCEED TO APPLY FOR TITLE UNDER. A CLASS I PREFERENCE RIGHT. (I) "CLASS III PPEFERENCE RIGHT" MEANS THE RIGHT EXTENDED TO PERSONS WHO OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDS AFTER SEPTEMBER 7, 19>7; AND WHO CONTINUED TO OCCUPY THE SAME ON JANUARY 3, 1959. SUCH PERSONS, OR THEIR SUCCESSORS, HAVE THE RIGHT TO ACQUFRE SUCH OCCUPIED OR DEVELOPED TIDE OR SUBMERGED LANDl~ FORA CONSIDERATION NOT TO EXCEED THE COSTS OF APPRAISAL, AND THE ADMINISTERING AND TRANSFERRING, INCLUDING SURVF,Y, TOGETHER WITH THE APPRAISED FAIR MARKET VALUE THEREOF, E~CLUSIVli OF ANY VALUE OCCURRING FROM IMPROVEMENTS OR DEVELOPMENT; SUCT-I AS FILL MATERIAL, BUILDING, OR STRUCTURES THEREON. -, ' (J} "CLERK" MEANS THE CLERK OF THE~ITY. m (K) "COMMISSION" MEANS TFIE CITY OF~ENAI ADVISORY HARBOR COMMISSION. " (L) "DIRECTOR" MEANS THE DIRECTOR OF LANDS, STATE OF ALASKA (M) "DIRECTOR'S LINE" MEANS 1,INE SEAWARD OF THE CITY, APPROVED BY THE DIRECTOR, WITH THE CONCURRENCE OF THE COMIvITS~~20NER OF NATURAL RESOURCES, STATE OF ALASKA, SEAWARD OF ALL TIDE.AND SUBMERGED .LANDS OCCUPIED OR SUITABLE FOR OCCL'P:P.TION AND DEVELOPMENT WITHOUT UNREASONAB3.,E INTERFERENCE WITH NAVIGATION. (N) "FAIR MARKET VALUE" MEANS THE HIGHEST PRICE, DESCRIBED IN TERMS OF MONEY, WH'I~`~ TI-IE PROPERTY W OULI7 BRING IF EXPOSED FOR SALE FOR A REASONABLE TIME IN TIIE ~~'EN.MARICET, WITH A SELLER, WILLING BUT NOT FORCED TO SELL, .AND A BUYER, WILLING~'StJT NOT FORCED TO BUY, BOTH BEING FUG'~"~`INFORMED O1" ALL THE PURPOSES FOR WHICH THE PROPERTY IS BEST ADAPTED OR COULD BE USED. (0) '`' "FILL" SHALL MEAN EARTH, GRAVEL, ROCK, SAND, OR OTHER SIMILAR MATERIALS PLACED UPON TIDE OR CONTIGUOUS 5UBMERGED LANDS 'IO A I3EIGHT ABOVE THE HIGH WATER LINE FOR THB PURPOSE OF ELEVATING THE LANDS FOR A SPECIAL LkSEFUL PURPOSE. EARTH; GRAVEL, ROCK, SAND, OR OTHER SIMILAR tvIATE,ALS, PLACED ON TIDE OR CONTIGUOUS SUBMERGED LAND SOLELY FOR TTY PURPOSE OF SPOILS DISPOSAL SHALL NOT BE CONSIDERED FILL,~JNLESS SUCH FILL WAS USED FOR USEFUL AND BENEFICIAL PURPOSE ON AND PRIOR TO JANUARY 3, 1459. (P} "HEARSNGS OFFICER" MEANS THAT CITY OFFICIAL EMPLOYED TO HEAR DISPUTES BETWEEN CLAIMANTS, SUMMARIZE THE TESTIMONY, ATTEMPT TO REACH STIPULATIONS OF'FACT BETWEEN THE PARTIES, ASSEMBLE THB RECORD OF THE DISPUTE, AND SUBMIT THE SAME TO THE COUNCIL FOR DETERMINATION. Chapter 1 I Harbor Atcaohment "A" 4/27/2D07 1 D:07 AM il:V~ty Dacuments\ClerklChapter ILdoc Page 6 or46 1.95 (Q} "IMPROVEMENTS" MEANS BUILDINGS, WHARVES, PIERS, DRY DOCKS, AND OTHER SIMILAR TYPES OF STRUCTURES PERMANENTLY FIXED TO THE TIDE OR CONTIGUOUS SUBMERGED LANDS THAT WERE CONSTRUCTED AND/OR MALNTAINED BY THE APPLICANT FOR BUSINESS, COMMERCIAL, RECREATION, RESIDENTIAL, OR OTHER BENEFICIAL USES OR PURPOSES. FLOATS SECURED BY GUIDE PILES USED AS FLOATING WHARVES, WHERE ACCESS IS PROVIDED TO THE SHORE, SHALL BE IMPROVEMENTS WITHIN THEMEANING OF THIS SECTION, AND FILL MATERIAL NOT ACTUALLY IN PLACE TO ABOVE THE LINE OF MEAN HIGH TIDE OF JANUARY 3, 1459 AND ACTUALLY UTILIZED FOR BENEFICIAL PURPOSES ON JANUARY 3, 1954 BY THE APPLICANT SHALL $E CONSIDERED A PERMANENT IMPROVEMENT, BIJT IN NO EVENT SHALI. FILL BE CONSIDERED A. PERMANENT IMPROVEMENT WHEN PLACED ON THE TIDELANDS SOLELY POR THE PURPOSE OF DISPOSINCr OF WASTE OR SPOILS. FILL MATERIAL NOT UTILIZED FOR A BENEFICIAL PURPOSE ON AND PI~~~pR~~TO ,T.9NUARY 3, 1954, AND FILL MATERIAL NOT ACTUALLY IN PLACE TO ABOVE THE LINE MEAN HIGH TIDE ON JANUARY 3, 1959 SHALL NOT BE TIIE BASIS FOR AvN APPLICATION, NOR SHALL IT BE INCLUDED IN ANY APPLICATION, F~$fL THE EXERCISE OF PREFERENCE RIGHTS HEREUNDER. {R) "INDUSTRIAL AND COMME~CTAL LANDS" MEANS TIDELANDS CHIEFLY VALUABLE FOR INDUSTRIAL, MAI3UFACTURING, OR COMMERCIAL PURPOSES. (S} "KENAI'' MEANS THE CITY OF KENAI, ALASKA. (T} "MANAGER" MEANS THE MANAGER OF T1-IE CITY ~OF KENAI, ALASKA. (U) "MEAN HIGH TIDE" AT ANY PLACE SI:JBJECT TO TIDAL INFLUENCE SHALL BE INTERPRETED AS T3E TIDAL DATUM PLANE DEFNED FROM AVERAGING ALL THE HIGH. WATERS: OBSERVED AT THAT PLACE OVER A PERIOD OF NP:VETEEN (19) YEARS. MEAN III"GH WATER SHALL BE INTERPRETED TO BE AS THE INTERSECTION OF THE DATUl1!I PLACF, OF IvIEAN HIGH WATER WITH 1'HE SHORE. (V) `MEr~'LOI~// TIDE" SI-IALL BE INTERPRETED TO BE MEAN LOWER LOW WATER WHICH IS THE MEAN OF THE LOWER OF THE TWO LOW WATERS OF EACH DAY,~;T~OR A TIDAL CYCLE OF NINE'PEEN (19) YEARS. (W) "OCCUPANT" MEANS ANZ' PERSON AS DEFINED HEP.EIN, OR HIS SUCCESSOR IN INTEREST; WHO AC'T'UALLY OCCUPIED FOR ANY BUSINESS, RESIDENTIAL, OR OTHER I3ENEFTCIAL PURPOSE, TIDE OR SUBMERGED LAND, WITHIN THE CON~/EYA~'1CE OF SUCH BY THE STATE TO THE CITY, ONT OR PRIOR TO JANUARY 3, 1959, TTH SUBSTANTIAL PERMANENT IMPROVEMENTS. NO PERSON SHALL BE CONSIDERED AN OCCUPANT BY REASON OF HAVING: (I) PLACED A FISH TRAP IN POSITION FOR OPERATION OR STORAGE UPON THE TIDE, SHORE, OR SUBMERGED LAND; (2} PLACED A SET NET OR PILING THEREFOR OR ANY OTHER DEVICE OR FACILITY FOR TAKING OF FISH: (3) PLACED PILINGS OR DOLPHINS FOR LONG STORAGE OR OTHER MOORAGE: Chapeer I l Harbor Attachme^t °A" U:\My Documents\Clerk\C6apfer 11 .doe 4/27!2007 10:D7 AR4 Paga7 of 46 196 (4} PLACED TELEPHONE; POWER, OPT OTHER TRANSMISSION FACILITIES; ROADS, TRAILS, OR OTT-TEI2 CONTIGUOUS SUBMERGED LANDS; OR (5} CLAIMED THE LAND BY VIRTUE OF SOME FORM OF CONSTRUCTIVE OCCUPANCY. WHERE LAND IS OCCUPIED BY A PERSON OTHER. THAN THE OWNER OF TI-IE IMPROVEMENTS 7"HEREON, THB OWNER OI" THE IMPROVEMENTS SHALL, FOR THE PURPOSE OF THIS ORDINANCE, BE CONSIDERED THE OCCUPANT" OF SUCH LANDS. (X) "OCCUPIED OR DEVELOPED" MEANS THE ACTUAL L'SE, CONTROL, AND OCCUPANCY, BUT NOT NECESSARILY RESIDENCE, OF THE'C~T°OR SUBMERGED LAND BY THE ESTABLISHMENT THEREON OF SUBSTANTIAL PERMANENT IMPROVEMENTS. (Y) "ORDINANTCE" MEANS THE ICENAI TIDELANDS ORDINANCE. (Z) "PARK AND RECREATION LANDS" MEANS TTDEL'ANBS CHIEFLY VALUABLE FOR PUBLIC PARK AND RECREATION USE, INCLUDING SCENIC OVERLOOKS. (AA) "PERSON" MEANS ANY PERSON, FIRM, CORPORa4TION, COOPERATIVE ASSOCIATION, PARTNERSI~P OR OTHER ENTITY LEGFiLl~~S' CAPABLE ,pF OWNING LAND OR ANY INTEREST THEREIN. (BB} "PIERHEAD LINE" IS A LINE~F'IXED BY THE CORPS OF ENGINEERS ROUGHLY PARALLEL TO THE EXISTING LINE~OF MEAN LOW TIDE AT St~CH DISTANCE OFFSHORE THEREFROM THAT SAID PIERHSAD LINE SHALL ENCOMPASS LANDWARD ALL STATIONARY, MANMADE STRUCTURES UNDER THE AUTHORITY OF PUBLIC LAW 85-303. a. (CC} "PREFERENCE R"I~H'Z`" SUB,TECTTO THE CLASSIFICATIONS THEREOF HEREIN ESTABLTS~iED MEANS TI-IE RIGHT OF AN OCCUPANT TO ACQUIRE BY GRANT, PURCHASE, QR OTHERWISE, AT THE ELECTION OF THE OCCt~`PAlv'T, EXCEPT AS OTHERWISE LIMITED OR PRESCRIBED IN THIS ORDINANCE, .ANY LOT, PIECE, PARCEL, OR TRACT OF TIDEL.A2SD OR 5tJBMERGED LAND OCCUPIED OR ~.~ DEVELOPED BY SUCH OCCUPANT ON AND PRIOR TO JANUARY 3, 1959. (DD) ,, `°STATE" MEANS TI-IE ST/~'~"E OP ALASKA. (EE} "SUBMERGED LANDS" MEANS LAND COVERED BY TIDAL WATERS BETWEEN TI-IE LINE OF MEAN LOW WATER AND SEAWARD TO A DISTANCE OF THREE (3) GEOGRAPI-IICAL MILES, IN "THEIR NATURAL STATE, WITHOUT BEING AFFECTED BY MANMADE STRUCTURES. PILL, AND SO FORTH. (FF) "SUBSTANTIAL PERMANENT IMPROVEMENTS" SHALL FOR TFIE PURPOSES OF THE ORDINANCE HA~B THE SAME MEANING AS LMPROVEMENTS, AS HEREIN DEFINED. (GG) "TIDELANDS" MEANS LAND5 PERIODICALLY COVERED BY TIDAL WATERS BETWEEN THE ELEVATIONS OF MEAN HIGH TIDE AND MEAN LOW TIDES, WITHOUT REGARD TO ARTIFICIAL INTERFERENCE WITH TIDAL FLOWS CAUSEE) BY MANMADE STRUCTURES, BREAKWATERS, FILL, AND THE LIKE. WHEN USED IN THIS ORDINANCE, TT SHALL ALSO INCLUDE SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY. Chapter I I Harbor Attachment °'A" Ua,~Iy DocumentslClerklChapter 11.doc 0./27/2007 10:07 AM Page 8 of 4( 197 (HH) "TIDELANDS SUBDIVISION PLAT" IS THAT CERTAIN PLAT OF SUBDIVISION Oh TIDELANDS .4ND SUBMERGED LANDS CONVEYED $Y THE STATE TO TIIE CITY MADE BY H.H. GALLIETT, JR., REGISTERED ENGLNEER, DATED DECEMBER, 1968, KNOWN AS ALASKA TIDELANDS SURVEY NO. 272 AND FILED AS 76-179 llV THE KENAI RECORDING DISTRICT SHOWING ALL STRUCTURES AND IMPROVEMENTS THEREON AND THE BOUNDARIES OF EACH TRACT OCCUPIED OR DEVELOPED, TOGETHER WITH THE NAME OF THE OWNER OR CLAIMANT THEREOF, INCLUDING WITHIN THE BOUNDARIES OF E1~CH TRACT OCCUPIED OR DEVELOPED SUCH StTItROUNDING TIDE ANTS SUBMERGED LANDS AS SHALL BE REASONABLY NECESSARY IN THE OPINION OF TFiE COUNCIL F(3R THE USE AND ENJOYMENT OF THE STRUCTURES AND IMPROVEMENTS THEREON BY THE OWNER OR CLAIMANT, BUT SHALL NOT INCLUDE ANY TIDE OR SUBMERGED LANDS WHICH IF GRANTED TO SUCH OCCUPANT, ULD UNJUSTLY DEPRIVE ANY OCCUPANT OF ADJOIl~TING LANDS FROM HIS REASONABLE USE ANA EN70YMENT THEREOF.] 11.15.030 APPROVAL AND ACCEPTANCE OF STATE COl'~'EYANCE. <:- [THE CONVEYANCE BY THE STATE TO THE CI'T'Y, DATED JANUARY 6, 1977 OF TIDELANDS AND SUBMERGEI}~~.ANDS LYING SEAWARD OF THE CITY IS HEREBY APPROVED AND ACCEPTEID AND THE LANDS THEREIN ARE HEREBY DECLARED INCORPORATED INTO THE LITti+1ITS OP THE CITY.]'" 11.15.040 APPROVAL AND ADOPTION OZ' SUBDIVISION PLAT. [THE TIDELAND'S SUBDIVISION PLAT, HEREINAFTER CALLED "PLAT" IS HEREBY APPROVED AND ADOPTED AS THE OFFICIAL TTDELA\'DS SUBDIVISION PLAT OF THE CITY O.F KENAI; ALASKA, OF TFDE AND SUBMERGED LANDS CONVEYED BY THESTATE T~, THE CITY BY CONVEYANCE DATED JANUARY 6, 1977. SAID ALASKA TIDELANDS SURVEY I'S NUMBERED Z72 AND IS FILED UNDER 76-179 IN `i?tE KENAI RECORDING DISTRICT.) 11.15.050 TIME AND PLACES OF_=POSTING PLAT. {SAID PLAT SHALL BE POSTED FOR A PERIOD OF NOT LESS THAN SIXTY (60}DAYS, COMMENCING WITH THE DATE FOLLOWING THE DATE OF FINAI, PASSAGE OF THIS ORDINANCE, IN THE OFFICE OF THE CLERIC, 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 POUR WEEKS, Ild A NEWSPAPEP. OF GENERAL CIRCULATION TN THE CITY, COMMENCING THE DAY AFTER THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, A NOTICE OF THE POSTING OF SAID PLAT CONTAINING THE FOLLOWING STATEMENTS: Chapter tl Harbor AYYacpimenF "A" U:\My Document's\Cterk\Chapcer i t.doc 4/27/2007 10:07 AM Page 9 of 4t 198 (A} TIME AND PLACE OF POSTING. (B) THE DAY OF FINAL PASSAGE AND THE EFFECTIVE DATE OF THiS ORDINANCE WHICH ADOPTS THE PLAT AS THE OFFICIAL TIDELANDS SI7BDIVTSION PLAT OF THE TIDE AND SUBMERGED LANDS CONVEYED BY THE STATE TO THE CITY ON JANUARY 6, 1977. (C) THAT ANY AND ALL PERSONS HAVING OR CLAIMING PREFERENCE RIGHTS PROVIDED BY LAW AND AS HEREIN DEFINED TO ANY PART OR PARTS OF THE SUBDIVIDED LAND EMBRACED WITHIN THE BOUNDAP~IES OF' SAID PLAT, WHO FAIL TO APPLY TO EXERCISE SUCH RIGHTS UNDER THE PRQ~ItPiIONS OF THIS ORDINANCE WITHIN TWO (2) YEARS FROM AND AFTER O`CTOBEIL 6, 1979, WHICH IS I-IEREBY DECLARED TO BB THE DATE UPON WHICFI APPLICATIONS THEREFOR WILL BE FIP.ST ACCEPTED BY THE CITY, SHALL HAKE FORFEITF•,D THEIR PREFERENCE RIGHTS PROVIDED BYLAW AND THIS ORDINANCE. (D) THAT THIS ORDINANCE WAS ENACTED TO PR~7TEC'f OCCUPANTS F3AVING PREFERENCE RIGHTS, TO AFFORD llUE PROCESS OF LAW, TO PROVIDE PROCEDURES FOR APPLYING FOR EXERO'I~E OF PREFERENCE RIGI~ITS, FOR HEARING AND ADJUDICATING ADVERSE CLAIMS, AND FOR CONVEYING TITLE TO OCCUPANTS HOLDING PREFERENCE RIGHTS DEFINED BYLAW AND THIS ORDINANCE. (E) THAT COPIES OF THIS ORDINANCE AND APPLICA'I'ION:~'ORMS ARE AVAILABLE AT THE OFFICE OF THE CLERK Q"F TIIE CITY.] 11.15.070 TIME IN WII~13"I3 APPLICATIONS WILL I3E ACCEPTED FOR FILING. [APPLICATION FORMS, IN SUBSTANTIALLY THE FORM SET FORTH IN KMC 1 I.15.290(A} WILL BE ACCEPTED FOR FILING ONE BUSINESS DAY AFTER THE EFFECTIVE DATE OP THIS ORDINANCE, AND I/ND1NG TWO CALENDAR YEARS THEREAFTER AND AT THE CLOSE Off' BUS~ESS AT 5;00 P.M., AFTER WHICH NO APPLICAT~s'~7N FORIvSS WILL BE FURNISHED AND AFTER WHICH NO APPLICATIOIVrS WILL Bl ACCEPTED FOR FILING.] 11.15.0&0 RI~OCEDURE FOR FILING APPLICATIONS. [APPLICATIONS SHALL BE SUBMITTED, AND WILL BE RECEIVED FOR FILING, ONLY FO'R TILE PURPOSE OF CLAIMING PREFERENCE RIGHTS HEREIN DEFINED TO THE TIDELANDS CONVEYED TO THE CITY BY THE STATE. (A) APPLICATION FORMS WILL BE PI20VIDED BY THE CLERK WITHOUT CHARGE AT THE C~~I'Y CI,F<RK'S OFFICB IN THE CITY HALL BUILDING. (B} APPLICATIONS MUST BE SUBMITTED IN TRIPLICATE. (C) APPLICATIONS NOT CLEARLY LEGIBLE NOR PROPERLY COMPLETED AND CERTIFIED BY TIIE APPLICANT WILL NOT BE ACCEPTED FOR EYEING. SINCE `FHE FACT ALLEGED MAY BE USED IN HEARINGS OF DISPUTES THEIR TRUTH MUST BE CERTIFIED. THE FACTS ALLEGED WILL ALSO BE THE BASIS FOR THE CONVEYANCES OF VALUABLEPROPERTY. WILLFUL AND DELIBERATE MISSTATEMENTS OF FACT WILL BE EQUIVALENT TO ATTEMPTING TO OBTALN Chapter I I Harbor Attachment "A" 4/27!2007 10:07 AM U:\My Documents\ClcrklChaotar I. t.doc Page 10 of 4(i 199 VALUABLE PUBLIC PROPERTY BY MISREPRESENTATION AND MAY BE PROSECUTED AS OBTAIIv'ING PROPERTY UNDER FALSE PRETENSES. (D) APPLICATIONS MAY BE MAILED TO THE CITY CLERIC., P.0. BOX 580, KENAI, ALASKA, 99611, WITH THE PROPER DEPOSIT COMPUTED ACCORDING TO THE NATURE OF THE APPLICATION MADE. APPLICATIONS PROPERLY COMPLETED ACCOMPANIED WITH THE PROPER DEPOSIT WILL BE STAMPED WITH TI-IF.. TI'vIE ARID DATE OF FILING AND SIGI~TED BY THE PERSON ACCEPTING THE DEP05IT. THE TRIPLICATE COPY V,'ILL'PI-TEN BE DELIVERED TO THE APPLICANT, OR MAILED TO HIM IF A RETURN ENVELOPE WITH POSTAGE AFFIXED IS FURNISHED OR DELIVERED TO THE CITY CLERK, CITY ADMINISTRATION OF"PICES, AIRPORT TEP.MINAL BUILDING, KENAI, ALASKA. {E) ANY APPLICATION FOR A DEED BASED ON AN ASSERTED RIGHT OTHER 'T'HAN A PREFERENCE RIGHT SHALL BE REJECTED. ~;~._ (F) ANY APPLICATIONS NOT WANING THE CLASS II PREFBREN,CE RIGHT SHALL BE FILED BY THE CLERK, TOGETHE,1~ WITH ALL OTHERS OF LIKE I?tATURE, TO AWAIT THE OFFICIAL PROMULGATI013'~bF THE PIERHEAD LINE. THEREAFTER SUCH APPLICATIONS SHALL BE PROCESSED AS APPLICA'~IONS UNDER THE CLASS I RIGHTS. {G) APPLICATIONS NOT ACCOMPANIED BY THE PROPER DEPOSIT FOR COSTS SHALL BE REJECTED.] 11.15.090 INITIAL REVIEW SS' CQiVIMISSIOlu': [AFTER INITIAL REVIEW OF THE APP~,ICATION BY THE COMMISSION, THE APPLICANT SHALL HAVE PREPARED AT HIS OWN COST A PRELIMINARY AND FINAL PLAT AS DESCRIBED IN TIIE FOLLOWING SECTION.] 1.1.15 100 PRELIMINARY FLAT. r [(A) TH1/'~'PPLICANT SHALL PREPARE, OR HAVE PREPARED. A PRELIMINARY PLAT QF THE TIDE, SHORE, OR SUBIYI ~ RGED LANDS WHICH HE CLAIMS. THIS PLA~'I'~HALL COMPLY WFTH THE REQUIREMENTS HEREINAFTER SET FORTH. (B} THE PURPOSE OF A PRELIMINARY PLAT IS TO AFFORD THE OCCUPANT AN OPPORTITNITY OF RECEIVING PRELIMINARY REVIEW AND PREVENT THE UNNECESSARY EXPENDITURE OF MONEY AND TIME THAT WOULD BE NECESSITATED IF FvIAJOR CHANGES WERE REQUIRED. {C) THE APPLICANT MUST FILE HIS APPLICATION ACCOMPANIED BY FOUR BLACK OR BLUE-LINED PLATS OF THE LAYOUT. (D) THE COMMISSION SHALL FORWARD THE PRELIMINARY PLAT TO AN ENGINEER TO BE DESIGNATED BY THE COMMISSION, WHO SHALL REPORT TO THE COMMISSION HIS APPROVAL OR DISAPPROVAL OF THE PLAT FOR TECHNICAL OR ENGINEERING REASONS AND THE COMMISSION SMALL, WITHIN NINETY (90) DAYS AFTER SUBMISSION OF THE PRELIMINARX PLAT, NOTIFY TAE APPLICANT OF THE TENTATIVE APPROVAL OR DISAPPROVAL OF THE PLAT AND HIS REASONS THEP.EFOR. Chapter I 1 Harbor AttacltmenY "A" 4/27/2007 10:09 AM U:~My DocumenfslClerk\Chapter S t.t1~c !'age I l of 46 200 (E) CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT SHALL NOT CONSTITUTE APPROVAL OF'I"HE FRv'AL PLAT. RATHER, IT SHALL BF, DEEMED AN EXPRESSION OF APPROVAL AS A GUIDE TO PREPARATION OF THE FINAL PLAT.) ILIS.IIO PRELIMINARY PLAT REQUIREMENTS. [THE PRELIMINARY PLAT SHALL SHOW THE FOLLOWING INFORMATION: (A) LEGAL DESCRIPTION OF LOCATION TO INCLUDE LATITUDE AND LONGITUDE TO THE NEAREST MINUTE AT OI~iE CORNER OF THE SURVEY AND THE TOTAL ACRES OF TIIE AREA OCCUPIED OR CLAIMED. ,. (B} NAME AND ADDRESS OF APPLICANT AND NAME ®F LAIQD SURVEYOR, IF ANY, WHO PREPARED THE PRELIMINARY LAYOUT. ,,., (C} THE HORIZONTAL SCALE SHALL SE l00' TO T"~-IE INCH UNLESS OTHERWISE APPROVED BY THE COMMISSION. (D) DATE OF PREPARATION AND NORTH:POINT. (E) T'HTr HORIZONTAL SCALE SHALL BE 100,' TO THE INCH UNLESS pTHERWISE APPROVED BY THE COMMISSION. (F) THE LOCATION OP ALL ROADS WITI3TN 200' OAF THE TRACT, FILL MATERIAL, EXISTING PERMANENT BUILDINGS, OR OTHER STRUCTURES WITHIi~' THE PARCEL, EXISTING UTILITY LINES, MEAN HIGH AND LOmW TIDE LINES WITH REFERENCE TO PERMANENT` STRUCTURES AND OTHER I'=ERivLANENT FEATURES SUCH ASSECTION LINES, AND SUCH OTHER INFORMATrIbN AS MAY BE REQUESTED BY THE CITY. (G) SPACE FOR APPROVAL A'NDIOR COI~IMENT' BY THE COMMISSION. (H} THE NAMES``OF ADJACENT OWNERS !3R CLAIMANTS, IF ANY, OTHER THAN THE CITY. ,~ (I) ADJ,f~~F,NT U.S, SURVEYS, IF AIv'Y, CiIVINCr TI3E NUMBER OF THE SURVEY. (J) A ~TCINITY SKETCH OR KEY MAP SHOULD BE SHOVJiv ON THE PRET~TMINARY LAYOUT.'THE SCALIT"SFL4LL NOT BE LESS THAN ONE-HALF RICH TO THE MILE. THE RELATIVE LOCATION OF THE PARCEL BEING APPLIED FOR, THE PRINCIPAL ROAD SYSTEMS AND SECTION OR SPECIAL SURVEY LINES SHALL ALSO BE SHt]WN.] 11.15.120 SURVEY PR(~UEDIJRE. [WHEREVER,~FEASIBLE, DATA AS SET FORTH IN ATS 272, RECORDED TN' TI-IE KENAI RECOP.DING DISTRICT AS 76-174 SHALL BE USED. WHERE ADDITIONAL DATA IS REQUIRED THE FOLLOWING PROCEDURBS SHALL GOVERN: (A} DETERMINING THE LINE OF MEAN HIGH TIDE. {1) IN THE CASE OF U.S. SURVEY Vt~I-IICH ABUTS TI-IE TIDELANDS; SLICI-I U.S. SURVEY BEING MADE PR.TOR TO THE DATE OF STATEHOOD, THE LINE OF MEAlvr HIGH TIDE SHALL BE CONSTRUED TO BE EITHER. THE MEANDER LINES ESTABLISHED ON THE SEAWARD SIDE OF THE U.S. SURVEY OR THE LINE AS Chapter ll Hnrbor Attachment "A=' 4/29/200 i 7 C:07 AM 0:1My Doeiaments\Cterk\CPiapter t l.doe Pale 12 oFAb 201 DEFINED UNDER SECTION 2(S) OF THESE REGULATIONS; WHICHEVER IS THE LOWER. (2) FOR TIDELANDS SURVEYS ABUTTING ANY U.S. SURVEY MADE AFTER THE DATE OF STATEHOOD OR I2v' ANY LOCATION WHERE NO UPLANDS SUR\TEY' EXISTS, THE LINE OF MEAN HIGH TIDE SHALL BE DETERMINED BY USING U.S.C. & G.S. BENCH MARKS (OR ANY OTHER BENCH MARKS WHICH HAVE BEEN ESTABLISHED FROM THAT SOURCE}, AND TIDE TABLE DATUM. THE UPLAND BOUNDARY NEED NOT FOLLOW THIS LINE IN ITS ENTIRE EXACTNESS, BUT MAY FOLLOW IN A "MEANDER" OR `AVERAGE" LINE OF l~[EAN HIGH TIDE EACH END OF THE BOUNDARY SHOULD BE ESTABLISHED ON TI`IE ELEVATION OF MEAN HIGH TIDE. PROVIDED, HOWEVER, THAT WHERE THE TRUE LINE OF MEAN HIGH TIDE HAS BEEN ALTERED BY FILL O'R ARTIFIC~]AL ACCRETION, THE LINE OF HIGH TIDE AS IT'EXISTED PRIOR TO SUCH ALTERATION SHALL GOVERN. (3) IN THE CASE THATNO U.S.C. & G.S. BENCH MARK EXISTS WITHIN ONE MILE OF THE PROPERTY BEING SURVIrYED, THE,St7RVEY0R MAY, BY U5ING TI-IE TIDE TABLES FOR THE IMMEDIATE Ba~Y OF WA~1'ER, AND APPLYI'~ "TIDAL READINGS LIE HAS TAKEN, DETERMINE THE LINE OF T~IEA]~T HIGH TIDE AND USE IT IN ACCORDANCE WITH PARAGRAPH (2) OF THIS SECTION. IN SOME CASES, SUCH AS SALT OR MUD FLAT AREAS WHERE THE AVERAGE GRADE OF THE BENCH IS TEN PERCENT (10%) OR LESS AND DETERMINING THE ELEVATION OF THE LINE OF MEAN HIGH TIDE COULD CREATE A LENGTHY T~ORI70NTAL DISTANCE, THE CITY COUNCIL MAY REQUIRE THAT THETRUE LINE OF MLAN HIGH TIDE BE ESTABLISHED, REGARDLESS OF THE DISTANCE FROM A KNOWN BENCH MARK. (B) METHOD OFESTABLISHING SIDE BOUNDARY LINES. k_*: (1) Lei FIXING THE SIDE BOUNDARY' h~INES, THE GENERAL RULES OF EXTENDING RIPARIAN $DUNDr~RY LINES,,f~S OUTLINED BY SUCH AUTHORS AS RAYNER, ARK OR BR01UN, SHALL BE b'>~LLOWED. IN TI-IE EVENT THAT ACTUAL f3~CCUPANCY DOES )SOT MATCH THE RIPARIAN BOUNDARIES, THE SURVEY SHALL BE MADE TO INCLUDE THE OCCUPANT'S HOLDINGS AND NOT TO ENCIZ~ACH ON THE ADJOINING OCCUPANT.] 5115,130 PRO~EDIJRE ON FINAL PLAT. [(A) THE FINAL PLAT~IIALL CONFORM SUBSTANTIALLY TO THE PRELIMINARY LAYOUT AS APPROVEI~°BY THE COMMISSION. (B) THE FINAL, PLAT SHALL BE SUBMITTED TO THE CITY CLERK ON GOOD QUALITY TRACING CLOTH, IN INK, OR MYLAKS TOGETHER WITF3 FIVE PRINTS. (C} THE FINAL PLAT SHALL BE DRAWN TO SCALE OF 1"EQUALS 100', WITH f1N OPTION OF USING 1"EQUALS 20' OR 40', ON SHEETS OF ONE OF TI3REE SIZESc 18" X 24", 31 1/2" X 34", OR 22" X 36", UNLESS OTHERWISE APPROVED BY THE COMMISSION, WIZEN MORE THAN ONE SHEET IS REQUIRED, AN INDEX SHALL BE PILED SHOWING THE ENTIRE PARCEL WITH THE SHEETS IN NUMERICAL ORDER, AND EACI-1 SHEET SHOWING THE TOTAL NUMBER, LE., SHEET 1 OF 3. WHEN MORE Chapter 71 Harbor Attachment °'A" 4/2?12607 I0:0? AM LCIMy Documents\Clerk\Chapter 1 Ldoc Paee 13 of A6 202 THAN ONE SHEET IS SUBMITTED, ONLY'IHE LAST MUST HAVE THE APPROVAL BLOCKS, BUT ALL SHEETS MUST BE THE SAME SIZE. (D) WHEN THE FINAL PLAT HAS BEEN APPROVED BY THE COMMISSION, ONE COPY SHALL BE SENT, ALONG WITH THE DEED TO THF, PROPERTY, TO THE MAGISTRATE OF THE RECORDING DISTRICT IN WHICH THE TRACT LIES FOR OFFICIAL RECORDING. SPECIAL, INSTRUCTIONS SHALL BE SENT TO THE MAGISTRATE INSTRUCTING IIIM TO SEND TIIE DEED TO THE OCCUPANT AFTER RECORDING. ONE COPY OF THE PLAT WILL BE RETURNED TO THE OCCUPANT. THE ORIGINAL TRACING CONTAINING THE CERTIFICATION &~THE COMMISSION WILL BE RETAINED BY THE CITY. PRINTS OR DUPLICATE +'hRANSPARENCIES WILL BE FURNISHED AT COST OF REPRODUCTION.] t 1.15.140 FINAL PLAT REQUIREMENTS. [(A) THE FINAL PLAT SHALL INCLUDE ALL II~~'ORIvIATION REQUIRED ON THE PRELIMINARY PLAT. ~k (B) THE FINAL PLAT MUST REPRESENT AN ACTUAL S~JRVEY MAD$ BY A PERSON WHO HAS BEEN QUALIFIED BY THE STI~TE OF AI!ASKA, I30AItD OF ENGINEERS & ARCHITECTS ENGMNERS TO PRACTICE LAND SURVEYING IN THE STATE OF ALASKA.. CC) IN ADDITION TI-IEP.ETO, THE FALLOWING INFORMAThQNN SHALL BE SHOWN ON THE FINAL PLAT: (1) BOUNDARY LINES OF THE PARG)EL WITH liENGTH AND BEARINGS WHICH MUST CLOSE W1T:1-T1N THE LIMITS OF ONE TO 5,000. IF THE SEAWARD LIMITS OF THE SURVEY FALLS WITHIN THE LLNE OP MEAN LOW TIDE, TIIE SEAWARD BOUN+I3'ARY" MUST REPRESENT LINES ACTUALLY ESTABLISHED BY THE SURVEYOR. (~) y,,~~LL EASEMENTS AS REQ`~JIRED BY THE CITY. (3) ' ~ BASIS Qli BEARINGS USED. .m(4) A PROPERLY LABELED"LEGEND SHOWING MONUMENTS AS FOUND OR ESTABLISHED. (5) THE COURSE OF THE SHORELINE FOR AN ADDITIONAL 40D' FROM EACH SIDE OF THE SURVF,Y. (D) MONUMENTS: (I} MINIMUM REQUIREMENTS: MONUMENTS SHALL CONSIST OP A 1 I!2" GALVANIZED IRON`' PIPE, 30 ORMORE INCHES LONG. THIS PIPE SHALL, HAVE A FOUR-INCH FLANGE ACROSS TIIE BOTTOM AND SHALL BE FILLED WITH CONCRETE. FIRMLY EMPLACED IN TIIE CONCRETE AT THE TOP SHALL BE A BRASS OR BRONZE CAP. TIIE PIPE SHALL BE THOROUGHLY TAMPED WHEN SE`f. (2} THE BRASS OR BRONZE CAP SHALL HAVE AMINIMUM OFTWO-INCH DIAMETER ACROSS THE TOP AND 3/4" BY 2 1/2" SHANK. EACH GAP SHALL BE MARKED IN ACCORDANCE WITH THE MANUAL OF SURVEYING INSTRUCTIONS Chapter I1. 1-larbor ARachmem °A" C7:\My Documents\Cterk\Chapter l t.doc 4/27/2007 10:07 AM Page 14 of A6 203 AS COMPILED BY THE BUREAU OF LAND MANAGEMENT AND SHtaLL ALSO SHOW THE REGISTRATION NUMBER OF THE SURVEYOR. (3) WHERE IMPRACTICABLE TO SET AN IRON PIPE MONUMENT, A TABLET CONTAINING A MINIMUM OF 1,000 CUBIC INCHES OF CONCRETE AND A BRASS OR BRONZE CAP MARKING THE ACTUAL CORNER POINT MAY BE USED. SHOULD THE POINT FOR A CORNER BE III A PLACE WHICH WOULD BE IMPRACTICABLE TO MONUMENT, WITNESS CORNERS SHALL BE SET IN A SAFE PLACE ON THE SURVEY BOUNDARY LINE OR HAVE TWO REFERENCE MONUMENTS SE'f. THE MONUMENTS ON THE UPLANDS SIDE OF THE SURVEY SHALL BE REFERENCED TO SEARING OBJECTS, SUCH AS TREES;~ROCKS, PILING, BUILDINGS, ETC., OP. HAVE TWO REFERENCE MONUMENTS SET MARKING THE CORNER. (E} THESE REFERENCES MAY BE SHOWN ON T~I-FE P1~;AT OF SURVEY OR MAY BE LISTED SEPARATELY ON A PLAT AS DESCRIBEP~~"CINLI'ER KMC 11.I, 5.130(C). (1) UNLESS OTHERWISE APPROVED' BY THE,~ITY COUNCIL, EACH SURVEY SHALL HAVE AT LEAST FOUR MONUMENTS, ~EACI-I FULLY DESCRIBED IN THE PLAT OF SURVEY. IT IS DESIRABLE BUT NO.T M.41~DAII'ORY THAT MONUMENTS BESET AT ALL EXTERIOR ANCrLE POINTS OF THE PARCEL. THE LINE OF SIGHT BETWEEN ADJACEi~?T MONUMENTS SHAL L BE UNOBSTRUCTED. THE DISTANCE BETWEEN ADJACENT 1NIONUMENTS SHALL NQT EXCEED 1,320 FT. NO PART OF THE PARCEL SHALL BE FARTHER THAN 1,320 FT. FROM A MONUMENT UNLESS OTHERWISE APPROVEL). BY TINE CITY COUNCIL. {2} IF THE POINT FOR THE SEAWAR~I3 CORNER FALLS IN AN UNSAFE PLACE, A WITNESS CO'I2NER SI-IALL BE ESTABLISHED ON THE SIDE BOUNDARY LINE. (F) RELATIONSHIP TO KNOWN MONUMEN~I`" (1) BEARINGS O,F ALL LINES SHAI;L BE REFERRED TO THE TRUE MERIDIAN~'~~I'HE N[AGNETIC NEEDLE MAY NOT BE USED FOR THTS PURPOSE. BEARNS SHALL BE OBTAINED BY DEFLECTION FROM EXISTING OFFICLAL SURVEYS AT THE G.L.O., B.L.M U SC., AND G.S., U.S.G.S., TFIE ALASKA DIVISION OF LANDS. OR MONUIvIENTS WI~'H PROPER IDENTIFICATION WHICH AItE DELINEATED ON RECORDED PLATS, UNLESS OTHERWISE PROVIDED FOR IN THESE REGL7LATIONS. , {2) TRU>/ BEA1~-INGS AND DISTANCES TO THE NEAREST ESTABLISHED SURVEY LINES, SUCI-L`S THOSE LISTED PREVIOUSLY, WHICH SHALL BE ACCURATELY DESCRLBED ON THE PLAT, SHALL BE SHOWN.] 1L15.I50 UEI'OSITS FOR COSTS PRERIQUISITI; TO FILLNG. [THE APPLICATION FORM WILL ASSIST THE APPLICANT IN DETERMINING THE PROPER COSTS TO ADVANCE, WHICH WILL DEPEND UPON THE NATURE t3F THE RIGHT CLAIMED. IN ALL~CASES A FILING FEE OF TEN DOLLARS {$10.00} WILL BE REQUIRED. SURVEY COSTS DEPEND UPON THE AREA CLAIMED AT THE RATE OF $.01 S 16 PER SQUARE FOOT. IF THE AREA CLAIMED IS DIFFERENT FROM THE ChapEer it tla~~bor At[achment"A" 4(27/2007 10:07 AM OaMy DocumentslCterk\Chapter I f.doc Page 15 ~f'46 204 LOT AS IT APPEARS ON THE PLAT, THE APPLICANT SHALL SHOW TIIE MEASUREMENTS OF THE ADDITIONAL OR LESSER AREA CLAIMED AND COMPUTE AND PAY THE DIFFERENT SURVEY COST ACCORDIIv~GLY. TRANSFER COSTS WILL BE THE SAME IN ALL CASES. THEY COVER THE COST OF TIME ESTIMATED TO BE REQUIRED TO EXAMINE, PROCESS, AND APPROVE THE APPLICATION, AS WELL AS TO PREPARE AND EXECUTE THE DEED, PUBLISH NOTICE, GIVE NOTICE OF ADDITIONAL COSTS, IF ANY, AND GIVE NOTICE TO APPLICANT. IN ALL CASES, TRANSFER COSTS WILL BE IN THE AMOUNT OF $35.00. DEPOSIT FOR. APPRAISAL COSTS WILL BE REQUIRED IN ALL CASES OF CLASS III PREFERENCE RIGHTS, OR WHERE ANOTHER ASSERTED RIGHT T'S DETERMINED BY TIIE COUNCIL TO BE A CLASS III RIGHT. APPRAISAL COSTS WILL DEPEND UPON THE AREA INVOLVED AND THE COMPLEXITY OF THE APPRAISAL SOUGHT. WHERE REQUIRED AS A DEPOSIT, TIIE MINIMUM AIi~pUNT IS FIFTY DOLLARS ($50), BtJT ADDITIONAL AMOUNTS NOT EXCEEDING, $100 MAY RE REQUIRED PRIOR. TO DELIVERY OF DEED.] ~~ ILIS.L60 ADDITIONAL COSTS IN CERTAIN CA6E5. [ASIDE FROM DEPOSITS REQURED AT THE TIME OF FILING APPLICATIONS, ADDITIONAL COSTS WILL BE REQ~SIRED TO SE PAID PRIOR TO HEARINGS WHERE DISPUTES REQUIRE HEARINGS, AND FOR COST OF LAin?D UNDER A CLASS III RiGIIT AS WELL AS APPRAISAL THEREOF WHEN A PREFERENCE RIGHT SOUGHT TO BE EXERCISED IS DETERMINED TO, BE A CLASS III RIC,~IIT, AS FOLLOWS: (A) WHEN TIIE AREA CLAIMED DOES NOT`COMPLY 'IUITH THE BOUNDARIES OF THE LOT SIIO~'N ON TI3E PLAT, IT IS NECESSARY TO HAVE A HEARP.v'G TO E,STABLISI3 THE V~};LIDITY OF THE RIGHT CLAIMED AND WHETI~ER I'I' IS NECESSARY FOR'''''HE PLAT TO BE CHANGED TO COMPLY WITH THE APPLICATION. THIS MA'T~ REQUIRE NOTICE dT0 BE GIVEN TO AD1'ACENT OCCU'PANTS~INTERESTI;D IN TIIE DIFFERENCE BETWEEN TAE LANDS CLAIMED AND LANp~A`S SHOtVN ON THE PLAT SO THAT ALL PARTIES TN) I]vTEREST MAY BE HEARD AT THE IIEARI~IG. ~ r (B} ~"' WHEN APPLICATIONS CONFLICT WITH THE SAME AREA OR PORTIONS THEREOF, IT SHALL BE NECESSARY TO CONDUCT A HEARING TO DETERMINE THE FACT AND TF~ ISSUE IN QUESTION. CONFLICTING CLAIMS WILL BE CAREFULLY SCRUTINIZED AND EACH DISPUTING PARTY WILL BEAR TIIE BURDEN OF PROVING FACTS SUFFICIENT TO ESTABLISH THE VALIDITY OF HIS CLAIM. (C} THE PARTY FILING A.N APPLICATION CONFLICTING WITH A CLAIM PREVIOUSLY FILED SHALL BE REQUIRED TO DEPOSIT HEARINGS COSTS IN THE AMOUNT OF $I00. IF THE CONFLICT IS NOT KNOWN AT THE TIME OF FILING, THE APPLICANT SHALL BE ADVISED OF THE CONFLICT AS SOON A5 IT IS TiNOWN ANA OF THE NEED TO DEPOSIT THE HEARING COST DEPOSIT. (D) THE APPLICANT WHO AFTER HEARING AND DETERMINATION BY THE COUNCIL IS DETERMINED TO HAVE CLAIMED THE LAND OF ANOTHER SHALL BE THE PAP~TY TO BEAR THE COST OF THE HEARING. IP SUCH PARTY DID NOT Cltepter 71 Harbor Attachment "A" 4/Z7/2067 10:0? AM Ti:AMy Documents\Cierk\Chapter 1 i.doc 2O5 Page 16 aL'4G DEPOSIT SUCH COSTS, NO DEED SHALL BE DELIVERED TO HIM tTNTIL THE COST iS PAID. WHERE THE DEPOSITOR IS THE PREVAILING PARTY, THE HEARING COST DEPOSITED 5I-IALL BE REFUNDED TO HIM BY THE CITY. (E) WHEN TITLE BY CLASS III PREFERENCE RIGHT IS CLAIMED, THE APPLICANT SHALL BE REQUIRED TO DEPOSIT THE APPRAISED PURCHASE PRICE AFTER APPRAISAL HAS BEEN MADE AND THE PURCHASE PRICE HAS BEEN SO DETERMINED. THE SAME PROCEDURE WILL BE APPLIED WHEN NO APPLICATION UNDER ANOTHER CLASS OF RIGHT IS SOUGHT BUT IS DETERMINED THAT THE ONLY AVAILABLE RIGHT TO THE APPLICANT IS A CLASS III R~~l-IT. {I'") WHEN A PREFERENCE RIGHT IS SOUGHT TO BE EXERCISED OTHER THAN A CLASS III RIGHT AND SUCH RIGHT IS DETERMINED TO BE A CLASS RIGHT, THEN THE APPLICANT SHALL BE P~EQUIRED TO DEPOSIT THE ESTIMATED COST OF APPRAISING THE PROPERTY CLAIMED. (G) TIIE APPLICANT WHO RECEIVES THE DEED FR'~M THE CITY SHALL AT HIS ORTN COST BEAR THE COST OF RECORDING,: THE DEED.] ILIS.170 PROCEDURES FOR PROCESSING FILED A'I~PLICATIONS. [THE CLERK SHALL CAUSE SHE FOLLOWING PROCEDURES TO BE CARRIED OUT: (A} ALL COPIES OF APPLICATIONS ACCEPTED FOR FILIN`SHALL BE STAMPED WITH TIME AND DATE OF FILING AND AN APPLICATION;NUMBER IN CHRONOLOGICAL ORDER OF FILING. ~,. (B} ALL ORIGINAL APPLICATIONS SHALL BE FILED IN A PERMANENT' REGISTER AND THE NAMES OF THE APPLICANTS ENTERED IN AN ALPHABETICAL INDEX WHICH SI'I~7,L BE A PERMANENT PART OF SUCH REGISTER. (G) THE APPI,ICATTON REGIS"~ER SHALLaBE AVAILABLE FOR PUBLIC INSPECTIQ~i? DCJRING OFFICE HOURS OF T"HE CLERK EXCEPT WHEN IN' ACTUAL USE FOR TIIT,ING AND' INDEXING. (D) ~~ CERTIFIED COPIES OF ALL AH"ELICATIONS SHALL BE PREPARED FOR ALL PETSONS UPON REQUEST UPON~THEIR PAYING TWO DOLLARS ($2.00) PER PAGE FOR COPIES OF SAID APPLICATIONS AND ANY ATTACI3MENTS FORMING A PART THEREOF. (E) PROCESSING OF p~IPLICATE APPLICATIONS. THE THIRD COPS' OF TFIE APPLICATION WILL I3E"RETURNED TO THE APPLICANT AS HIS RECORD AND AS RECEIPT FOR DEPQSIT 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: (1) APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS HAVING WAIVERS ATTACHED AND WHICH APPLY FOR LANDS WHICH COMPLY WITH THE PLAT WITH RESPECT TO AREA AND BOUNDARY LOCATIONS SHALL BE TRANSMITTED TO THE CITY ENGINEER FOR HANDLING AS PROVIDED IN KMC 11.15.190. APPLICATIONS TO EXERCISE CLASS I PREFERENCE RIGHTS WHICH DO NOT HAVE WAIVERS ATTACHED, IRRESPECTIVE OF WHETHE-R THE LANDS Chapter 1 [ Harbor Attachment `A" 4/2712p07 10:07 AM U:\My Dooumencs\Ctetl<\Chapter t L.doc 206 Page 17 oC46 APPLIED FOR COMPLY WITH THE PLAT SHALL BE SEGREGATED FOR HANDLING IN THE SAME MANNER AS CLASS II PREFERENCE PLIGHT APPLICATIONS. (2) APPLICATIONS TO EXERCISE CLA5S I PREFERENCE RICrHT5 HAVING WAIVERS ATTACHED, AND WHICH CLAIM LANDS WHICH DO NOT COMPLY WITH THE PLAT WITFI RESPECT TO AREA AND BOUNDARY LOCATIONS, SHALL BE TRANSMI°fTED TO THE CITY ENGINEER FOR HANDLING AS PROVIDED IN KMC '11.15.190 AND FURTHER PROCESSING AS PROVIDED IN KMC 1I.IS ~20. (3} APPLICATIONS TO EXERCISE CLASS IS PREFERENCE RIGI-ITS SHALL BE SEGREGATED AND KEPT WITH CLA5S I FREPERENCE RICrHTAPPLICATIONS NOT HAVLNG WAIVERS ATTACHED. ALL SUCH APPLICATIONS SMALL BEHELD IN ABEYANCE BY THE CITY UNTIL SUCH TIME AS THE PIERHEAD LINE IS ESTABLISHED BY THB CORPS OF ENGINEERS, WHEREtTPON SUCFI APPLICATIONS SHALL BE PROMPTLY HONORED AND PROCESSEA fN 'L'HE MANNER HEREIN DESCRIBED FOR CLASS I PREFERENCE RIGHT A`PPLIGATIONS, WHERE WAIVERS ARE ATTACHED. (4) APPLICATIONS TO EXERCISE I/~ASS III PREFERENCE RIGIIT6, AND ALL APPLICATIONS DETERMINED IN WHOLE OR IN PART`Z0 BE CLAS'S III, SHALL BE TRANSMITTED TO THE ASSESSOR FOR APPRAISAL AS PROVIDED IN KMC 1I.1s.laa. (5) NO APPLICATIONS WHICH COMBINE CLASS t'~, C[~~ASS ZI, AND CLASS III, OR ANY COMBINATION OP SUCH PREFERENCE RIGHT", WILL BE ACCEPTED FOR FILING. ANY SUCH APPLICATION PRESEI~ITED FOR FILNG SHALL BE RETURNED TO THE APPLICANT FOR REVISION INTO T~/0 OR MORE APPLICATIONS, EACH~~F WHICH WILL APPLY FOR LAND UNDER ONLY ONE "TYPE OF PREFERENCE F~,IGHT. (b} AN APPLICATION TO EXERCISE ONE CLASS OF PREFERENCE RIGHT WHICH IN PART COMPLIES KITH THB PLAT' WITH RESPECT TO AREA AND BOUNDARY.' LOCA'T'IONS, BUT DOES NOT WHOLLY COMPLY WITH THE PLAT IN SUCH RESPECTS, SHALL BE TREATED AS IP NO PAR"f OF'fI-IE APPLICATION SO COM~'~.IES WITH TI-IE PLAT AND SHALL BE PROCESSED FOR CONTEST HEARING.] i 1.15.180 APPRAISAL. [ALL APPLICATIONS' FOR CLASS II PREFERENCE RIGHTS SHALL BE TRANSMITTED TO A PRGtaFESSIONAL APPRAISER FOR. APPRAISAL. HIS APPRAISAL SFIALL BE MADE ON A~FORM PREPARED IN DUPLICATE, THE ORIGINAL OF WHICH SHALL BE ATTACI-LED TO THE APPLICATION AND THE DUPLICATE OF WHICI3 SHALL BE RETAINED FOR HIS RECORDS. APPLICATIONS WHEN APPRAISED SHALL SE TRANSMITTED TO THE CITY ENGINEER FOR FURTHER PROCESSING.] 11...15.140 REVIEW EY CITY ENGINEER. [ALL APPLICATIONS BEING READY FOR PROCESSING SI-IALL BE REVIF,WED BY THE CITY ENGINEER. UPON' REVIEW AND COMPARISON V~~FTH THE PLAT, HE SHALL MAKE HIS REQUEST TO THE HARBOR COMMISSION GIVING A COPY Chapter I1 Harbor Actaohment "A" 4/29!2007 t(J:07 AM U:\My Documents\Clerk\Chapter (Ldoc ,ZO,,7 Page f S of 4G THEREOF TO THE APPLICANT AS TO WHETHER OR NOT THE APPLICATION SEEKS TO EXERCISE A PREFERENCE RIGHT TO LAND WHICH IS DESCRIBED ON THE PLAT, AND COMPLIES WITH IT IN RESPECT TO AREA AND BOUNDARY LOCATIONS. 11.15.200 RECOMMENDED APPROVAL BY COMMISSION. jTHE KENAI ABVISORY HARBOR COMMISSION SHALL REVIEW ALL APPLICATIONS FOR TIDELANDS UPON THE SUBMISSION OF THE CITY ENGII~TEER' S REPORT. THE COMMISSION MAY CONDUCT PUBLIC HEARINGS TO VERIFY TI-tE VALIDITI' OF THE APPLICANT'S CLAIM ANI~' REQUJJST ADDITIONAL EVIDENCE BY WAY OF AFFIDAVITS AND THE LIKE IN ~~DER, TO COME TO RECOMMEND SAID CLAIM FOR APPROVAL BY THE CITY COUNCIL NOTIFYING APPLICANT TI~IEREOP BY MAIL SENT TO THE ADDRESS STATED ON HIS APPLICATION. THE COMMISSION MAY PROVIDB'A CHECK-OFF LIST TO AID IT IN CONSIDERING APPLICATIONS. THE CITY GO,UN'CIL SHALL CONSIDER FOR, APPROVAL THE CLAIM O,FTHE APPLICANI~'~ITHIt~T THE TIME LIMITATIdiNS AND WITH THE. RIGHT OF APPEAL GIVEN PURSUANT TO KNIC 1,1.15.240.] ~i 11.15.210 PROCESSING OF APPRO'ED APPLICATIOl'aI5 BY CLERK AND NOTICE TO PUBLIC. [ALL APPLICATIONS RETURNED TO TAE CLERR APPROVED BY THE CITY ENGINEER, AND APPRAISED BY TI3E ASSESSOR IF REQ~JI°RED, SHALL BE PROCESSED BY THE CLERK IN THE FOLLOWING MANNER: (A) THE CLERK SHALL, ASCERTAIN TF THE DEPOSIT MADE BY THE APPLICANT I5 SUFFICIENT TODAY ALL KNOWN AND ESTIMATED COSTS OF SURVEY, APPRAISAL, TRANSFER, AND PURCHASE, IF OF CLASS III AND IF NOT, TO ADVISE THE APPLICANT THAT TT-LE I~EIMB+IDER DUB SI-IAI,L BE DEPOSITED WITH THE CLERK BEF~~2E FURTHER PROCESSING. (B) IF OR WHEN THE DEPOSIT IS SUFFICIENT TO PAY ALL SUCH COSTS, THE CLE {' SHALL CAUSE TO BE PUBLISHED ONCE A WEEK FOR FOUR WEEKS, IN A NEWSPAPER OF GENERAL CIRCxtJLATION IIv~ TPIE CITY, THE FOLLOWING: (i) NOTICE OF THE NAMES OF THE APPLICANT(S), THE $LOCK AND LOT NUMBERS OF THE PROPERTY CLAIMED ACCORDING TO PLAT DESIGNATIONS; (Z} THE PREFERENCE RIGHT CLAIMED; (3} TFIE IMPROVEMENTS MADE; (4) THE LENGTH OF TIME (INCLUDING THE DATES) THE APPLICANT OCCUPIED THE LAND; AND (C) IF CLASS TIT ITS APPRAISED VALUE, AND THAT THE CITY WILL ISSUE TO THE APPLICANTS} ITS DEED THEREFOR WITHIN THIRTY (30) DAYS AFTER T'HE LAST DATE OF PUBLICATION, PROVIDED THAT BEFORE DATE OF LAST PUBLICATION NO ADVERSE APPLICATION OR CLAIM HAS BEEN FILED WITT-I THE CITY. Chanter I 1 Flarbor Atiaohment "A° 4/27!2007 10:07 AM t.1:\My DoeumentsiL;(erk\ChapCer tt.doc 208 Page 79 oY 4(i (D) DURING S.AiD 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 I'OR THE LAND IN QUESTION. (E) IP ADVERSE CLAIMS HAVE BEEN FILED, THE APPLICATIONS SHALL BE FURTHER PROCESSED FOR HEARING. IF NO ADVERSE CLAIMS HAVE BEEN FILED, THE RESPECTIVE APPLICATIONS SHALL BE RETURNED TO THE CLERK.] 11.15.220 DEEDS-PERMANENT REGISTER. [THE CLERK SHALL THEN CAUSE TO BE PREPARED A QUIT-CLAIM DEED CONVEYING SUCH LAND TO THE APPLICANTS}THAT THE CITY HAS AND TRANSMIT THE QUIT-CLAIM DEED TO TIIE IvIANAGI FOR EXECt.iTTON. NOTICE SHALL THEN BE SENT TO THE APPLICANT TO TA~I)ELIVERY OF' SAID DEED AT THE OFFICE OF THE CLERIC, WI30 SHALL DELI~`aER TIIE SAME TO THE APPLICANT' IF ALL REQUIREMENTS HAVE BEEN MET ACID ALL CASTS, INCLUDING PURCHASE PRICE, II" REQUIRED, HAVE BEEN PAID. Dt~'PLTCATE ORIGINALS OP ALL EXECUTED DEEDS SHALL BE KEPT IN THE OFFICE OF TH~~CLERK ID` A PERMANENT REGISTER ENTITLED "KENAI TIDELANDS DEEDS" WITH PERMANENT ALPHABETICAL INDEX OF GRANTEES.] 11.15.230 SPECIAL PROCEEDINGS FOR DISI'LTTED CLAIMS. [THE COMMISSION SI-TALL SIT AS A QUASI ADJUDICATORY BODY TO SET DISPUTES FOR HEARING AND HEAR THE EVIDENCE UNDER OATH OF THE PARTIES TO THEI315PUTES. PROCEEDINGS SHf~I,L BE INFORIviALLY CONDUCTED BUT TESTIMONY TAKEN UNDER DATH, AND 1~OTICE OF THE PROCEEDINGS SHALL BE GIVEN TO THE DISPUTIN~:"r' PAR1~I$S. THEIR OB3ECT SHALL BE TO DETERMFN~ WITHOUT DELAY TH'B RESPECTIVE BASIS OP THE CONFLICTLNG CLAIMS: UPON TIIE SUBMISSION OF EACH DISPUTE, THE COMMISSION SHALL PREPARE A SHORT SUIviIvIARY ON `f~'FIE CONFLICTIi'dG CLAIMS AND THE EVIDENCE SUBMITTED IN SUPPORT THEREOF, TOGETHER WITH THEIR WRITTEN FINDINGS OF FACT, AND CONCLUSIONS OF LAW.] I1.15.240 PROCEEDING~''FOR DETERMINATION BY COUNCIL OF ALL DISPUTES. [UPON RECEIPT OF TIIE WORKING FILES IN ALL CASES OF DISPUTES, AND THE SUMMARY" OF*'I'HE HEARINGS OrPICER, TOGETHER WITH COPIES OE NO'T'ICES OF HEARINGS SERVED UPON OR MAILED TO ALL PARTIES TO TIIE DISPUTE, THE COUNCIL SHALL SET THE DISPUTE OF HEARING AND DE'IBRMTNATION, AND CAUSE NOTICE TO BE SERVED ON ALL PARTIES. UPON THE COUNCIL HAVING HEARD THE DISPUTE IT SHALL ENTER ITS RULING THEREON AS QUICKLY AS POSSIBLE, BUT NOT LATER THAN TEN {10) DAYS AFTER THE MAT'T'ER IS SUBMITTED. AGGRIEVED PERSONS SHALL HAVE THE RIGHT OF APPEAL TO THE SUPERIOR COURT, WITHIN THIRTY (30} DAYS AFTER THE RULING OF THE COtJNCTL IS RENDERED.] Cha}~ter t I i~iurbnr Attachment "`A° 4/27/2007 10:07 AM U:AMy Documents';ClerklChapEer l l.doc ~~~ Page 20 of 46 11..15.250 DETERMINATION UPON STIPULATION OF FACTS. [WHEP,EVER POSSIBLE, TO REACH AGREEMENT OF THE PARTIES AT HEARINGS BEFORE THE COMMISSION, A STIPULATION OF FACTS SHALL BE PREPARED AND AGREED UPON BY THE PARTIES. WHERE THIS IS DONE, THE COMMISSION SHALL PREPARE AND ATTACH IT5 CONCLUSIONS OF LAW AND SUBMIT THE FILE TO THE CITY ENGINEER TO DETERMINE IF THE CITY' S INTERESTS ARE AFFECTED BY THE STIPULATION, OR IF A BOUNDARY CHANGE IS REQUIRED AND NO THIRD PARTY OR CITY INTERESTS ARE AI*F, ECTED ADVERSELY BY THE PROPOSED CHANGE IN BOUNDARIES OF L`bTS SHOWN ON THE PLAT, UPON APPROVAL OF THE COUNCIL THE PLAT SHALL BE DIRECTED TO BE CHANGED. SHOULD IT BE DETERMINED BY THE,,~ITY ENGINEER THAT THE STIPULATION ADVERSELY AFFECTS THE INTEREST O.F THE CITY OR THOSE OF THIRD PARTIES, THE DISPUTE SHALL BE RETURNED,~'~ THE CO~I,vIMISSION FOR FURTHER PROCEEDINGS UPON NOTICE GIVENT'7 11.15.266 REJECTION OF' PROTESTS OTFIER THAN BI' APPLICANT. [NO OBJECTIONS WILL BE RECEIVED TO PROPOSED ISSUANCE BY DEED BY THE CITY ON PUBLICATION OF NOTICE THEREOF, NOR WILL ANY PERSON BE PERMITTED TO .APPEAR AND BE HEARD AT ANY HEARING OE A DISPUTE BEFORE THI? COMMISSION OR TIIE COUNCIL, UNLESS SUCH OBJECTa~}R OR PP,RSON IS AN APPLICANT FOR PREFERENCE RIGFITS OF CLASS I OR II AND HAS FILED AN APPLICATION WITH THE CLERK. THE FOREGOING SFIATL NOT PREVENT THE APPEARANCES BEFOI'THE COMMISSION OR COUNCIL OF WITNESSES APPEARING ON BEHALF OF THE PARTIES IN DISPUTE OR PERSONS CALLED BY THE COMMISS101~"QR COUNCIL WHO MAY HAVE PERSONAL KNOWLEDGE CONCERNING THE VERIFICATION OF CLAIMS.] ,f~° '' 11.15 270 IiANDLING ~?F DERpSIT AND PURCHASE FUNDS. [(A) ~~ ALL FUNDS RECEIVED AS DEPOSITS WITH APPLICATIONS FOR COSTS OR PURCHASE PRICE FOR TIDELANT,~S SHALL BE DEPOSITED BY THE FTNAN'CE DIRF.,CTOR IN THE GENTERAL FUND. SUCH DEPOSITS WILL BE CREDITED BY THE FINANCE DIRECTOR AS FOLLOWS: (i) SURVEY CASTS - AS A CREDIT TO DISBURSEMENTS MADE BY THE CITY FOR COSTS O~ PPARING THE TIDELANDS SUBDIVISION PLAT. (2) TRANSFER COSTS - TO ADMINISTRATIVE COSTS AS DEEDS ARE ISSUED, {S) APPRAISAL COSTS - TO ADMINISTRATIVE COSTS AS EARNED, OR AS CREDIT TO APPRAISAL COSTS INCURRED. (B) PURCHASE COSTS OF CLASS IILANDS-SHALL BE CREDITED TO A SEPARATE ACCOUNT IIV THE GENERAL FUND TO PAY FOR IMPROVEMENTS IN TIDELANDS AREAS CONSISTING OF FILL, STREET, SIDEWALK, AND SEWER IMPROVEMENTS.] Cbapfer 1 t bTerbor Attachment "A" 42712007 10:7 AM G\My Documents\Clerk\Chapter 1 Ldoc 210 Page 21 of 4C 11.15.280 FORFEITIJRE OF PREFERENCE RIGHTS. [ANY OCCUPANT, OWNER, OR HOLDER OF PREFERENCE RIGHTS AS HEREIN DEFINED, WFTO HAS NOT APPLIED TO THE CITY FOR TITLE THERETO AS HEREIN PROVIDED, ON OR BEFORE TWO (2) YEARS AFTER THE DATE APPLiCATION5 TO EXERCISE PREFERENCE RIGHTS WILL BE ACCEPTED FOR FILING BY THE CITY UNDER THIS ORDTNANCE, BY A PROPERLY COMPLETED APPLICATION" DULY FILED WITH THE CLERI{ AND ACCOMPANIED BY THE REQUIRED DEPOSIT, SHALL HAVE FORFEITED HIS RIGHT TO ASSERT THIS PREFERENCE RIGHTS AND ACQUIRE TITLE TO TIDELANDS SUBJECT THERETO FROM THE CITY; AND SUCH TIDELANDS AND CONTIGUOUS SUBMERGED LANDS SUBJE~T'PO SUCH UNUSED PREFERENCE RIGHTS SHALL THEREAFTER BE FREE AND CLEAR OF ALL CLAIMS TO PREFERENCE RIGHTS AND THE CITY SHALL HAVE NO OF3LIGATION TO CONTVEY THE SAME TO ANY PERSON OR PERSOI`'S WHOSOEVER, AND SAID LAND SHALL THEN BE AND REMAIN THE PROPERTY` 0-I"TI3E CITY AND BE SUBJECT TO SUCH DISPOSITION AS PROVIDED FOR BY LAVJ'OR ORDIN'ANCE.] 11.15.290 FORMS. [TI-IE CLERK SHALL CAUSE TO BE PRINTED, APPLICATION FORMS AND OTHER FORMS FOR USE IIv PROCESSING THE SAME IN SUBSTANTIALLY THE FOLLOWING FORM: (A) APPLICATION FOR TIDELAI~TD PREFERENCE"RIGHTS NAME HOME ADDRESS'"'""` POST OFFICE ADDRESS MARK X Ttj~"DESIG,NATE NATURE OP PREFERENCE RIG:FIT CLAIMED: 'CLASS I. CLASS II CLASS III DOES THE TIDELANID PLAT 272 CORRECTLY SHOW THE LAND APPLIED FOR: YES NO IF TIDELAND PLAT~DOS NOT CORRECTLY SI-IOW LAI~ID APPLIED FOR, DESCRIBE IT BY METES AND BOUNDS AND ATTACHED PLAT OF LAND APPLIED FOR 8USE ATTACHMENT IF MORE SPACE IS REQUIRED). ALL CLAIMED IMPROVEMENTS WERE FIRST CONSTRUCTED AND USED (I) BEFORE SEPTEMBER 7, 1957? (2}BEFORE SEPTEMBER 7, 1957 AND JANUARY 3, 1969 ? (3) AFTER JANI7ARY 3, 1959? Chapter I i Harbor AttacbmenC °`A" 4/27/2009 t0~07 AM ti:\My Doemnents\Clerk\Cha~ptcr 1 t.cloc 211 Page 22 of 0.6 APPLICATION IS ANY PART OF YOUR CLAIM BASED ON IMPROVEMENTS AND10R FILL CONSTRUCTED OR PLACED AFTER JANUARZ' 3, 1459? YES NO .'IF ANSWER IS "YES," DESCRIBE AREA IMPROVED AFTER JANUARY 3, 1959 (USE ATTACHMENT IF MORE. SPACE IS NEEDED), AND STATE NATURE OF IMPROVEMENTS. HAVE ANY OF TI-IESE IMPROVEMENTS BEEN EXTENDED OR IMPROVED AFTER (l) SEPTEMBER 7, 1957 (2} JANUARY 3, 1959? DESCRIBE. WAS THIS BENEFICIAL USE CONTINUED'I'HROUGH JANUARY 3, 1959? DESCRIBE. THE PLAT IS BASED ON APPARENT USE AND IMPRO`V'EMENTS EXISTING ON JANUARY 3, 1959, RECOGNI"LED BY THE ALASKA LANA,ACT; STATE ANY REASON KNOWN TO YOU WHY YOUR CLAIM DOES NOT CORRESPOND WITH THE PLAT. (USE ATTACHMENT TF MORE SPACE IS REQT;JIRED.) ~, 1 OFFER CASH' ,MONEY ORDER , CAS~IIER' S CHIICK IN THE AMOUNT OF $ AS DEPOSIT FOR THE FOLLOWING COSTS: ` USE BY CLERK FILING FEE $ ,$ SURVEY COSTS (AT RATE OF _SQ.FT.) ~ "" $ APPRAISAL COSTS (CLASS II APPLICATIONS)$ $ "CRANSFER COSTS ~$ } $ $ HEARING COST$ (IF CLAIM ADVERSE TO , PRIOR APPLICATION A DEPOSIT OF $ FOR HEt1RING AND SERVI=CE NOTICE IS REQUIRED). $ $ TOTAL DEPOSIT (DOES NOT INCLUDE :::~'! PURCHASE PRICE OF LAND II' ~~~ CLASS II APPLICATIONS} .~ $ $ DEPOSITION RECEIVED BY CITI' BY: DATE OF APPLP~CA.TION: DATE APPLICATION RECEIVED BY CITY: TIME FILED: CERTIFICATION I, ,THE ABOVE-NAMED APPLICATION, OR ITS AGENT, HEItP,BY CERTIFIES TI-IAT ALL OF THE STATEMENTS MADE IN THE APPLICATION AND INCORPORATED ATTACHMENTS, IF ANY, ARE TRUE AND CORRECT PRttviT NAME(S) Chapter l l Harbnr AtEachment "A"' 4/27/2007 [0:07 AM U:\My Docmnents\Clerk\Chapte; I i.doc Page 2"s of"46 212 SIGNATURE(S) (B) ASSESSOR'S APPRAISAL THE UNDERSIGN~,II APPRAISERS} DO HEREBY CERTIFY THAT HE HAS DUTY APPP~A.ISED THE TIED AND/OR SUBMERGED LAND DESCRIBED 1N THE ATTACHED APPLICATION NO. OF ;WITHOUT INCLUD'Il~?G IN THE HEREINAFTER STATED VALUE ANY VALUE POR VALUABLE IMPROVEMENTS CONSTRUCTED OR PLACED HEREON PRIOR TO JANUAI~`f 3, }959, AT THE FAIR MARKET VALUE. TIDELAND S~.FT. AT $ PE(Z~SQ "FT., $ DATED, AT KENAI, ALASKA THIS ~' DAY OF , 19 SIGNED: Chapter I l Harbor AftachmenY`A" t7:\My UocumenY~s\Clerk\Chapter (Ldnc 213 4/27/2007 10:07 AM Page 24 of 4l (~) WAIVER OF CLASS II PREFERENCE RIGHTS (ATTACH: TO EACH CLASS I APPI,ICA1"ION) I, , TI-fE Al"PLICANT, OR HIS AUTHC7RIZED AGENT, I TTiE APPLICATION FOR TIDELAND PREFERENCE RIGHTS, APPLICATION NO. , TO WHICH THISWAIVER IS ATTACHED: DO HEREBY WAIVE ANY AND ALL PREFERENCE RIGT-ITS, TO ACQUIRE TIDE OR SUBMERGED AND LYING SEAWARD OF THE CITY OF KENAI, TO WHICI-I I AM NOW OR MAY HEREAFTER. BECOME ENTITLED BY REASON OP THE PROVISIONS OF PUBLiC LAW 85-303, DATED, AT KENAI, ALASKA THIS DAY OF ; 19 _, BY AND BETWEEN THE CITY OF KENAI, ALASKA, GRANTOR'iAND _, GRANTEE(S). WiTNESSETI-I: THAT THE SAID GRANTOR, FOR AND'~IN CONSIDERATION OF THE SUM OF ONE AND NO 100/THIS {$1.00) DOLLARS AND OTHER GOOD, AND VALUABLE CONSIDERATION, 1'O IT IN FIAND PAID BY TI-IE SAID GRANTEE(S), PURSUANT TO THE PROVISIONS OF THE ALASKA~,AND ACT {CHAPTER 169, SLA 1954) AND ORDINANCE NO.455-75, ENACTED bN TANUARY 3, 1974, PURSUANT THERETO, DOES HEREBY CONVEYS, QUIT CLAIMS, AND CONFIRMS UIixTO SAID GRANTEES} AS TENANTS BY THE ENTIRETY, WITH THE RIGHT OF SL~VIVORSHIP {STRIKE IF GRANTEES ARE NOT HUSBAND AND WIFE)~,:~~iND TO TIM'S (THEIR i-IEIRS AND ASSIGNEES (STRIKE IF QRfiNTBE A CORPORATION),AND TO ITS SUCCESSORS AND ASSIGNS (STRIKE IF GRANTEE NOT A CORPORATION}, ALL SUCH INTEREST AS TIIE GRANTOR IS, IF ANY, IN THE FOLLOWING DESCRIBED LOT; PIECE, PARCEL AND TRACT OF TIDELAND AND CONTIGUOUS`~SUBMERGED LAND SITUATION WITHIN'FHE CORPORATE LIIvtITS 0"F THE CITY OF KENAI, ALASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: s ;ALL OF LOT ,BLOCK "' ,ACCORDING 1'O OFFICLAL TIDELANDS °s SUBDIVISION PLAT OF THE CITY OF KENAI, ALASKA. TOGETHER WITH ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES THEREUNTO BELONGING OR IN ANYWISE APPERTAINING. TO HAVE AND. TO HOLD THE SAME UNTO THE SAID GRANTEE (S), IIIS OR THEIR HEIRS AND ASSIGNS, {OR) TO ITS SUCCESSORS AND ASSIGNS, FOREVER. IN WITNESS WHEREOF, THE GRANTOR HAS CAUSED THIS DEED TO BE EXECUTED THE DAY AND YEAR HEREINABOVE FIRST WRITTEN. CORPORATE SEAL CITY OF KENAI, ALASKA BI': (ITS MANAGER) Chapter I1 Harbor Attachment "A" U:\My Documents\Clerk\Chapter { Ldoc zi4 d127l2007 10:07 AM Page 25 of 4(> CLERK Chapter 11.20 LEASING OF TIDELANDS 11.20.014 Policy. 1L2U.U20 Lands available lbr leasing. 1.1..26.030 QuaFiFications of applicants. 1.1_20.040 CFassification prior to lease required. 11..20.050 Applications. 11 ~t4.66U Rights prior to leasing. 1.1.20.0?0 Procedure. 11.20.080 Public notice-Public hearing. 11.20.094 Selection of applicant. 1.1.20.100 Appeal 11.20.11.0 Appraisal and survey of teased ~lagds. 11.20.1.20 The lease document-Terms. 1.7..20.130 Appraisal. 11.20.140 Review. 11.26.150 Annual minimum rental 11.26..1.60 PrineipFes and policy of lease rates. 1]..20.176 Responsibility to properly locate. 1',L20.180 Lease utilization. 1.1.20.190 Subleasjng. 11..20.200 Ass~nments. 11.20.210 M"o`~ification. 1.1.26.220 Cancellation-Forfeiture. 11.20.230 Default--Right of entry. 11.20:246 Notice or demand. ..11.26.256 Financing-Rights of mortgages or laenholder. `1.1'..20.260 Entry and re-ente•y. 11.20'.276 Re-Iease. 11..20.280 Forfeiture of rental. 1L20.29(k Right of inspection. 1.1.20.306 Easemenl'9grants reserved. 11.20.310 Lease siz~ardinate to fnaneing requirements. 11.211.320 Written wanner. 11.20.336 Surrender on termination. 1.1.20.346 Sanitation. 11.26.350 ]3uFlding and znnrng codes. 11..20.366 Rules. 11.20.374 Aircraft operations protected. 1.1..20.380 Itighf to enjoyment and peaceable possession. 11.20.390 Lessee to pay taxes. 11.20.400 No partnership or joint venture created. Chap[er 11 Aazbor Attachment "A"' 4/27/2007 I G07 AM U:\My DoeumenealC[erklChapCer 1 Ldoc °aoe 26 oL AG Z15 11.20.420 Default bankruptcy. 1L20.420 Nondiscrimination. .11.20.430 Partial in~~alidity. 11.20.440 Parole modifications. 1.1.20.450 Amendment of Iease. 11.20.460 Compliance with laws. 11..20.470 Care of premises: 11,20:480 Lessee's obligation. to remove liens. 11.20.490 Condemnation. ' I1:20.500 Frotection of subtenants. ' 11.20.510 Successors in interest. 11.20.520 Governing taw. 1L20.530Notices: 11.20.540 Fire peotection. 11.20.5.50 Inspection. 11.20.560 Personal use of materials. 1.1.20.570 Restrictions and reservations ~~' ll.20.550 Waste and injury to land. 1.1..20.x`90 Warranty. 11.20.600 Approval of other au`~Imrities. 1.1.20.610 Title restrictions. 1.1..20.620 Insurance-Hold harmless. 11.20.Cr30 Insurance ofusers-Subtenants. 1.1.20.640 Annual report. 1.1..20.650 Tidelands claims. 1L20.660 Subjection to harbor ordinance. 11.20.670 A,Nbitration. 11.20.650 Provisions regulating public use Purpose. 1.1.20.690 Provision to be inelucIed in pu;24~2ie use lease. 11.20i)0 Puiil-c use: defined. 11..20.710 Controlled access. r~_1.1.20.720 Use charges. ~.. ~, 1.1.20.730 Maintenance of d~clc. 11.211.740 Modifications of existutg teases. 11.20.75(1 Unauthorized removal of material prohibited. 17..20.760 Removal riot authorized by Iease. 1.1.20.770 Disliositbn of rights by Council. 11.20.750 Penalties. 1L20.790 Tidiland leases for shore fisheries. 11.20.010 Policy. The City, in order to make sites available for beneficial industries, may lease City-owned tidelands to persons who agree to operate a beneficial industry upon the terms and conditions the Council considers advantageous to the City. Cha~pfer I I Harbor Attachment "A" L7:\My I>ocymentslClerk\Claapter (Ldoc 216 4/27/2007 10:07 AM Page 27 ni 46 17:20.020 Lands available for leasing. All classified tide and contiguous submerged land within the limits of the City to which the City holds title may be leased as hereinafter provided, for surface use onlyj, AND, UNDER THE CONDITION THAT SAID LEASE IS SUB7ECT AND INFERIOR TO PREFERENCE: RIGHT CLAIMS THAT MAYBE MADE WITHIN A TWO (2} YEAR FILING PERIOD FOR PREFERENCE RIGHTS] and subject to the rights of existing set net site holders vrifliin flte City limits, 1.1..20.030 Qualifications of applicants. An applioanC for a lease is quali£ted if the applicant; (a) is an individual at least nineteen (19) years of age or over'``or, (b) Is a group, association, or corporation which is author3zcd to conduct business under the laws of Alaska. 11.20.040 Classification prior to lease regmred ' Before acceptsng applications to lease tidelands, the area involved shall have first been classified. for leasing by the City Council with the approval of the Planning and Zotutre Commission [HARBOR COMMISST02~3~], and their availability advertised in a newspaper of general circulation in the area once each week for two (2) successive weeks not less than. thirty (30) days prior to the time set for the closing of the acceptance of appEfcations, and that all applications are available for public inspection at the City Hall offices. 1L20.050 Applications. ' (a} A11 applicatig;~s for lease of tidelands shall be filed with the [CLERK] Citv Manaser on forms provided by )ter and available at City Hall whinki"'shall upon execution of the lease become part of the lease document. Only forms completed in full and accompanied by a ~OIvrE] five hundred dollar{(~'1' 00)] $( 50p} filing fee will las accepted for filing. Filing fees are not refundable. (b} }With every application, the applicant shall submit a development plan showing and stating: (I} The purpose of the proposed lease; (2) The use, value, and nature of improvements to be constructed; (3} The type of eanstruction; (4) Dates opnstruction is estimated to commence and be completed; {5) Whether intended use complies with the zoning ordinance and comprehensive plan of the City; (6) Describe by reference to the plat the area to be leased; ('n A detailed financial plan showing ability to carry through with the development plan; (b} 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. Chapter 11 Ftarbor Attachtnent'A" U:AMy Documents\ClerklChapter t 3.doc aa7~zao- lover avt Page 28 oY 4G zip 11.20.060 Rights prior to leasing. Neither the filing of an application for a lease nar the holding o'f a public hearing thereon as provided below, shall give the applicant a right to a lease or to the use of the land applied for. Any use not authorized by a lease shall constitute a trespass against the City. 11.20.070 Procedure. {a) Planning and Zoning Commission: All lease applications shall lte reviewed first by the City of Kenai Plaliriing and Zoning Commission to determine whether'~e epntemplated use falls within that permitted under the zoning ordinance, [(B) HARBOR COMMISSION: ALL LEASE APPLICATIO t S SHALL BE REVIEWED. BY THL H.SRBOR COMMISSION. IF THE COMMISSION'-AFTER CONSIDERING THE LEASE APPLICATIONS DETERMINES AT A PUF3LIC FLARING AS' SET FORTH LN THE SECTION BELOW THAT ANY ONE LEASE WILL bB IN THE BEST INTERESTS OP THE CITY OF KENAI, THE COMMISSION MAY MI{E A RECOMMENDATION TO:THE CITY COUNCIL OF APPLICANT ALONG WITI-I ANY MODLFICAT70NS OR CONDITIONS RECOMMENDED BY THE COMMISSION.]T " [(C)]{>>~ City Council: The City Council, hall make the final determination of the selection of the applicant based upon the Cammissio's teaommendation and' approve or reject the choice of application made. 1.1.20.080 Public notice-Public hearing. Natice of the lease application shall be published in a' newspaper of general circulation within the City not less than. ten {10~ or more than thirrty {30) days prior to the date of public hearing. The notzce~xtirsE contain the name of the appli~eant, a brief description of the land, proposed use, term, and a declaratioii that the Planninu and Zoning Commission will consider the lease to the applicant on the basis oi'the app,licanf~`'s agreement to operate a beneficial industry upon the terin`~ and eanditians as set forth in its application which is available for public inspee[aon at the City Hall offices. The notice shall state the date upon which public hearing will be he`lrli before the Comtnissidn for consideration of the application. 11.20.090 Selection of appEicanf. After the hearing provided in KMC 11.20.080 above, the Planning and Zoning Commission may matte its recommendation of the applicant to the City Council if in the Planning and Zoning Convnission's opinion, on the basis of all the testimony presented, the award of the prospective lease will be advantageous to the City acrd. in the best interests of the public welfare, health, and safety. In the alternative, the Planning and Zoning Commission may elect to make no recoznmendatian for any applicant giving its reasons therefor. The Planning and Toning Commission may [IMPOSE] recommend. additional conditions upon the applicant before malting its award. The decision of the Council shall be posted on the City Bulletin Board the day after the hearing and remain posted for ten (10} days. Chapter i l Harbor Attachment' "A" 4/27/2007 10.67 AM Eii~My Document',i\Cieric'\Chapter l l.doc 218 Page 29 of 46 1,L20.100 Appeal. .Any person disagreeing with the decision of the Council may appeal the decision by filing suit in fhe Superior Court, Third Judicial, I3istrict of Kenai, within ten (10} days from. the date of the posting of Council's decision. 11.20.1.1-0 Appraisal and survey of leased lands: [THE] Each applicant will funtish a survey and appraisal. of the land in question prior to leasing. Any resurveying or re-platting required will be the applicant's responsibility and expense. 11.20.120 The lease document-Terms. Leases maybe issued for a term of not less than two (`~} years nor more than. ninety-nine (99) years. The app[ieant shall state in his application ~~e term desired. In determining whether to grant a lease for the requested term, the Council shall consider `tire nature, extent, and cost of tine improvements which the applicant agrees to construct thereon as a e„ondition of the lease the time required to amortize the proposed investment, the value of the applicurt's proposed use to the economy of the City and other relevant factors. The term. of the lease may be extended for a number of successive periods for a set number of years each as long as the appropriate extensions and original term. do not exceed 99 years. 11.20.130 Appraisal. No land shall be leased, or a renewal lease issued, unless the same has been appraised within a six month pebriod prior to the date fixed for beginning of the term of fhe lease or renewal lease. No land shall"e leased for lass Phan the approved, appraised annual rental, according to the method as described in vuection 11.20.150 below, except to State or J'ederal agencies or their subdivisions ~;E it is in the public interest to d'6 so. Appraisals shall reflect the number and value of City servmces rendered the land in question. 11.2"(1.140 Review. s No leased land may be changed in use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning and Zanine Commission and approved by the Council. 11.20.150 Annual minimum rental. (a} Annual minimtun rentals shall be computed from the approved appraised market value utilizing the method as described in KMC ll.20.160(a). Annual minimum rental shall include: Q j Taxes pertaining to the leasehold interest of the Lessee. (2) Sales tax now enforced or levied in the future computed upon rant payable in monthly installments whether rent is paid on a monthly or yearly basis. (3) All taxes and assessments Fevied in the future by the Cityof Kenai, as if Lessee was considered the legal owner of record of the leased property. Chapter I1 Harom• Attachment °`A' 4!27/2007. I G;07 A,Ui LFaMy Documen!s\Cterk\ChapECr 1 t.doc Paae 30 of46 219 (4) Interest at the rate of eight percent (8%) per atwurn and ten percent (1.0%) penalties of any amount of money owed under this lease which is not paid. on or before the date it becomes due. (5) All sales taxes due on payments under this lease and to all sales taxes applicable to its operations. (6} All. special assessments for public improvements levied by the City of Kenai; as if lessee were considered legal. owner of leased propert}'. (b) Upon execution of the lease the lands demised become taxable to the extent of its leasehold hrterest and lessee shall pay all real property taxes levied upon Bitch leasehold interest in these lands, that the City as part of the consideration of rental ~menCS depends and, relies upon the payment by the lessee of said assessments and taxes as'iif lie were the owner of said demised Land. {c} Rent shall be paid annually in advance. Said paytnerztssliail be prorated to conform with the City of Kenai's fiscal year beginning July 1 and er>~`ing 3une 30. If the equivalent monthly payment exceeds $200, then the lessee shall have aptiou of°~raking payments on a dtonthiy or quarterly basis. 1L20.16U Principles and policy of leas~'e, rates. (a) To insure a fair return, all leases for a period in excess of five {5}years shall include a redetermination clause as of the fifth anniversary pf each lease, ncirnta~{ly set for the first of July of that fifth year. In pursuing a fair return, all lands for lease shall Ike appraised prior to lease and again prior to redetennirration. Therefore, lease rates shall be Based on: (l) Fair market value of the land, including an appropriate consideration of facilities and services availabler,(publie water, public sewer, storm sewers, and other public utilities) as determined by a qudli~ied independent appraiser, considering the best use of the specific land. (2) 1'he actual rate of return determined to be a fair return to the City shall be set at [SIX PERCNT ~6°/u)Z eight Rercent (8%) of I'~ix market value. The appraisal shall not include structural tiiiprovements made to the land or improvements made by way of gravel ar other approved fill placed on the land. (b} °z' Realizing that investors, develppers, and other potential. lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of aI1 future leases shall include the follawing language: r At each five-year interv~~sthe 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 U1~ITIL THE THIRTIETH-TEAR ANNIVERSARI' OF THE LEASE AFTER WHICH THE FIFTY PERCENT (50%} CAP PROVISION SHALL NO "LONGER APPLY AND TIIE LEASE RATE SHALL BE REDETERMINED EVERT' FIVE YEARS] on the basis of fair market evaluation as determined in KMC 1 ]..20.080. {c) City leases of tidelands existing at the time of the enactment of this chapter shall have a thirty-year period determined from the date from which the lease was originally entered into. Chapter 11 Harbor Attachment "A" 4/27/2007 10:07 AM iT~,\My Documents\C7erklChapter ! l.doc 220 Page 31 of 46 (d) Failure by the City to insist upon renegotiation at the end of any given five-year period .shall not constitute a waiver of the right of the City to insist upon renegotiation in any .subsequent year, provided that neither the City nor the lessee shall have the right to insist upon renegotiation until five years shall have elapsed from thedate the rental was last adjusted. 11.20.170 Respansihiiity to properly locate. It shall be the responsibility of the lessee Co properly locate himself and his hnprovements on the leased land. It shall be unlawful. to enoroach on other lands of the City, or on lands owned or leased by another. 11.20.1$OLeaseutilizafion. Leased lands shall be utilized for purposes within the`scope of the application, the teens of the lease. and in conformit}~ with the ordinances of the City~nd Borough, and in substantial conformity with the comprehensive plan. Utilization arlVdevelapment for other than the allowed uses shall constitute a violation of the lease and su)~ect the lease to cancellation at any fiime. <- Failure to substantially complete the development plan o'f the land~w~ithin the specified time from the date of execution of die lease, consistent with the proposeduse and terms of the lease, shat] constitute grounds for cancellation. The lease shall set i'orthtn detail with appropriate plans and specif cations the improvements to be made within the time period described above. 11..20.1.90 Suhleasinn. Leases may provide for subleasing a portiomaf the leased land without. prioz Council approval. Subleases shall be i'q writing and be srabject to the terms and conditions of the original lease. No approval of the City shall be given to the sublease of property until the lessee has substantially compldd with the development plan:' F1.2t3.200 Asst~iinients. Exgept for assigninents fox calIateral purposes, no lessee may assign the lands leased to him wi hout prior Council approval. The assignee shall be subject to all of the provisions of the iease. Any attempted assigtunent made in violation oi`this section shall be void. Any assignment requiring Council approval will not be mireasonably denied.. 11..20.21.0 Modification. , No iease may be modified orally or in any manner other than by an agreement in writing, signed by ail parties in~interest or their successors in interesf. Any such modification shall require Council approval. 1.1.20.2213 Cancellation-Forfeiture. (a) Leases in good standing may be canceled in whole, or in part, at an}% time upon mutual c~nitten agreement by lessee and the City Cauncii. {b) Any lease used for an unlawful purpose may be canceled. Chapfcr i i Aarbor Atraci~ment "A" 4/27/2067 10:07 AM CI:\My Docwnei~ts\Cterlc\Chapecr I t.doc Page 32 of 46 z2i (c} If the lessee shall default in the performance or observance of any of the lease terms, covenants, or stipulations thereto, or of the regulations now or hereafter in force.. and should said default continue for thirty (30) calendar days after service of written notice by the City without remedy by lessee of the conditions warranting default, the City shall subject lessee to appropriate legal action, including, but not limited to, forfeiture of the lease. No improvements may 6e removed by lessee or other person during any time the lessee is in default This provision shall not be cotisirned to prohibit the City from taking any appropriate legal. action, including, but limited to, forfeiture of the lease, inunediacely upon the occurrence of a default. 11. X0.230 Default-Might of entry. Should default be made in the payment of any portion of fi1'te rent or fees when due or in any of the covenants or conditions contained in the lease or many regulations now or hereinafter in force, then in such event the City shall give lessee thirty days after such written notice to cure such default or defaults, alter which if the default is not cured'~the City may terminate the lease, re-enter and take possession of the premises, remove all persons therefrom. 11.2U.24U Notice or demand. Any notice or demand which under the terms of a lease or under any statute must be given or made by the parties thereto, shall be in writing and be given ar made by registered or certified mail; addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given, made or mailed. A notice given hereunder,italf be deernetl delivered when deposited in a U.S. general or branch post of£ce, enclosed in a r'agisterad or certified mail envelope, addressed as hereinabave provided. 11..20.250 Financinh-Rights of mortgages or bent'alder. (a} Por the purpose of interim or pennaitent financing or refinancing from time to time of the improvemectl5'to be placed upon the leased premises, and for no other purpose, a lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment, or otite~~ appropriate instrument, the lessee s interest in the leased premises and in and to the Iease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create arty interest in the City's title to the leased premises. If such mortgage, deed of trust, or assignment, shat]. he held by a bank or other established leading or financial institution (which terms shall. include an established insurance company and qualified pension or profit-sharing trust), and such institution shall acquire the lessee's interest in such tease as a result of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer iii lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of transferring its interesttn such lease to a nominee or a wholly-owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the Iessee, whereupon such. lending institution shall be relieved of any further liability under such lease from and after such transfer. Such lending institute for the nominee or wholly-owned subsidiary corporation to which it may have transferred such lease, or any other lending institution which may at any time acquire such Chapter (t Ha~~bor Attachr.~enr"A" 4/27/200"7 10:07 AM U:Vvty Documents\Clerk\Chapter l l.doc 222 Page 33 nf46 lease, shall be relieved of any further liability under such lease from and after a transfer of such lease. (b} A leasehold mortgagee, beneficiary of a deed of trust, or security assignee, shall have and be subrogated to any and all rights of the Lessee with respect to the curing of any default. hereunder by lessee.. {c) If the ho}der of any such mortgage, beneficiary of env such deed of trust, or the security assignee shad give the City before any default shall have occurred in the lease, a written uotice containing the nanie and post oftce address of such holder, the City shall thereafter give to such holder a copy of eaoh notice of default by the lessee at the same time as ag± notice of default shall be given by the City to the lessee, and the City will not thereafter accept any surrender or enter into any modification of this lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed oi'trust; or security assignee, in this lease. (dj If, by reason of any default of the lessee, either tht~ le~sekor any extension thereof shall be terminated at the election of the City prior to the sta>` exp'i`ration therefor, the City will enter uito a new lease with the leasehold mortgagee for tkte remainder of the term, effective as of the date of such. termination, at the rent and additional~rextl, and on the tenors herein contained, subject to the following conditions: (1) Such mortgagee, beneficiary, or security assignee, shall matte written request fo the City for such new lease within twent~ days after the date of sdch termination and such written request shall be accompanied by a payment to the City of all. sums then due to the City under the Lease. (2} Such mortgagee, beneficiary, or secyr~ty assignee, site!! pay to the City, at the time of the execution and de;~ivery of such new Iea~e, any and all sums due theretmder in addition to those which would at tkie time of the execution and delivery thereof be due under this lease; but for such termination. and in addition thereto, any reasonable expenses, including legal and. attorney's fees, to which. the City shall have been subjected by reason. of such default. (3) .,Such mortgagee, beneficiary, or security assignee shall, on or before the execution and dehvery^`Ys~i'=such new lease, perform all the other conditions required to be performed by the lessee to t'he extent that the lessee shall have failed to perform such conditions. (e) `"'If a lending institution or its nominee or wholly-owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and. if such institution, nominee, or corporation shall desire to assign this lease or any new Lease obtained from the City {other than tq a nominee. or to a wholly-owned subsidiary corporation as permitted by the above provisions} tio'an assignee who will undertake to perform and observe the conditions in such leas„e required to be performed by the lessee, the City shall not unreasonably withhold its consenf to such assignment and assumption, and any such Lending institution, nominee, or subsidiary shall be relieved of any further Iiability under such lease from and alter such assignment. If the proposed assignor shalt assert that the City in unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. ChaPCer t t t3arbar Attachment "A= 4127!2007 16:07 AN U:\My UvatmenetiClerk\Chapter 1 Luoc 223 Pug: 34 oi'46 L1.20.260 Entry and re-entry. In the event that the lease should be termhzated as hereinbefore provided by suzmnary proceedings or otherwise, of in the event that the demised Lands or any part thereof should be abandoned by the lessee during the said teen, the lessor or its agents, servants; or representatives may, immediately or any time thereafter, re-enter and resume possession of said lands or such. part thereof, and remove all persons and property therefrom, either surmnary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. 1.1.24.270 Re-lease. In the event that a lease should. be terminated as herein pro`vid'ed, or by summary proceedings, or otherwise, the City Commission may offee sand lands for lease or other appropriate disposal, pursuantto Che provisions of this ordinance. 1L20.280 Forfeiture of rental. In the event that the lease should be term>nated because ofany breach by the lessee as herein provided, the asmuai rental paytnent last made by the lessee shall be forfeited and retained by the lessor as partial ox total liquidated damages for said breach. il_20.290 Itighf of inspection. City shall have the right at all reasonable times td enfor the,premises, or any part thereof, for the purposes of inspection.. 11..20.300 Easeme,nt~grants reserved. City reserves the right to grant vzd control easements in, or above the land leased. No such grantor easement will be m~`da fh"at will unreasonably interfere with the lessee's use of the land, and le~se~±sl>;a11 have free access and use of any and all parking and loading rights, rights of ingress and"j~gress now or hereafter appertauung to the leased premises. •~fl l 1.20.310 Lease subordinate to financing requirements. Lessee agrees that City may modify the lease to meet revised requirements for Federal or State grants, or t~ conform to'the requirements of any revenue bond covenant. However, the modification shall not act toi~'educe the rights or privileges granted the lessee by this (ease, nor act to cause the lessee fiira~tcial loss. 11.20.320 Written waiver. The receipt of rent by the lessor with knowledge of any breach. of the lease by the lessee, or any default on the part of the lessee in observance or peribrmance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provisions of the lease. No failure on the part of the lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the lessor to enforce the same in the event of any Chapter CI Harbor At¢xohment "A^ 4!27/2007 10:07 AM li9My documents\Clerk\Chapter 7 t.doc 2~4 Page 35 of d6 subsequent breach or default. The receipt, by the lessor, of any rent ar any orzer smn of money after the termination, in any meaner, of the term therein demised, or after the giving by the lessor of any notice. thereunder to effect such termination; shall not reinstate, continue, or extend: the resultant terns therein demised, destroy, or inany manner impair the efficacy of any such notice or termination as may have been given thereunder by tike lessor to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed. by the lessor. 11.20.330 Surrender on termination. (a} Lessee shall, on 4he last day of the term of this (ease or upozr any earlier terminat9on of this lease, surrender and deliver up fhe premises into t]te possessi~zn and use of City without fraud or delay in good order, condition, and repair, except for.G:xeasonable wear and tear since the last necessary repair, replacement, restoration, ox renewal, free axid clear of all lettings and occupancies unless expressly permitted by City in writiik'c, and°free and clear of al'1 liens and encumbrances other than those created by City for ),cans to the City. (b} i7pon the end of the terns of this lease or any earlier termination thereof, title to tho buildings, improvements, and building equipment shall automa~icall'y vest in the City without requirement of any deed, conveyance, or bill of sale document in confzrmation hereof, lessee shall execute, aelmowledge, and deliver°'llte same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in comnection therewith. ;:. 11.20.340 Sanitation. The lessee shall eom~ly with all regulations~or ordinances of the City which are _ x,7 promulgated for the pro~il6tion of sanitation. The premises a~ the lease shall be kept in a nowt, clean, and sanitary cordition, and every effort shall be made to prevent the pollution of water. 11.20.310 Building and zaninl codes. Leased lmids shall be utilized in accordance with the building and zoning ordinances and rules azid' regulations of said authority. Failure to do so shall constitute a violation o'f the Iease. 11.20.3(,0 Rules. ` (a) The lessee shall observe; obey, and comply with all applicable rules, etc., of the State or Federal governments. ,Jt (b} City reserves the- rzght to adopt, amend, and enforce reasonable rules and regulations governing the demisedipremises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless it'has been given thirty days notice of adoption or amendtnent thereof. (c) Lessee, in the condnct of its opetatioivs on the demised. premises, shall observe, obey, and comply with any and all applicable rules, regulations, laws, ordinances, or orders of any governmental authority, federal or state, lawfully exercising authority over lessee or lessee's conduct of its business. Chanter I1 Harbor Attaahmenr "A'° 4!2?l2007 16:07 AeYI U:\My Documenta\Clerk\Chanter 1l.doc lLS Page 36 of 46 {d} City shall not be liable to lessee for any diminution or deprivation of possession, or of its rights hereunder, on account of the exercise of any sixch right ar authority as in this section provided, nor shall lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, wiles the exercise thereof shall so interfere with lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the Uinited States made applicable to the states, 1.1 x0.370 Aircraft operafions protected. (a} .The City shall reserve to itself its successors and assigns, fpr the usenand benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises conveyed, together with the right to cause in said airspace such noise as may be inherenC in the operation of aircraft, now or hereafter used. for navigation of or flight in the air, using said airspace of landing at, taking off from, or operating on the Kenai Airport. (When plans for improvements are approved. by the City, the City to the extent of those improvements releases the easemgi'~s here expressed.) {b} The lessee by accepting conveyance expressly agrees fai~ itself; its represet9'tatives, 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 air=Fort obstruction within the standards established under the Federal Aviation Administration. Regulations, Part 77, as amended. hi the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, all of which shall be at the expense of the lessee or its heirs, successors, or assigns. ll..2U.38U Right to erwjoyment and peaceable possession.. The Ctty shall agree and covenant that the lessee, upon paying rent and performing other covenants, terms, and conditions of this Pease, shallrhave the right to quietly and peacefully hold, use, occupy,,~tt`23 enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet of-peaceable possession. 11.ZU.39U Lessee to pay taxes. Lessee shall pay all lawful taxes and assessments which, during the term thereof may become a lien upon qr whic}~ may be levied by the State, Borough, City; or any other tax-levying body, upon any taxable pb~ssessory right which lessee may have in or to the reason of its use or occupancy, provided, however, that nothing herein contained shall prevent lessee from contesting as any other land. owner any increase in such tax or assessment through procedures outlined in State statutes. 11..2U.400 No partnership or,joint venfure created. The City shall not be construed or held to be a partner or joint venturer of lessee in the conduct of business on the demised. premises; and it is expressly understood and agreed that the COapter l 1 Harbor AutachmenY "`A" 4)3712001 10;07 Al4 U9Mg llocumentsVCierldChapter ll.doc ~,~~ Page 37 of 46 relationship between the parties thereto is, and shall atali times remain that of landlord and tenant. 11,.20.410 >3efauit bankruptcy. If the Iessee shall make any assi5 anent for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Iessee or lessee's assets, ar any interest under this ]ease, and if the appointment of the receiver is not vacated. within thirty days, or if a voluntaty petition is filed under Section 18(a~) of the Bankruptcy Act by the Iessee, then and in any event, the City may, upon giving the Iessee thirty days' notice, terminate this lease, 11..20.420 Nondiscrimination. The lessee, for himself, his heirs, personal repxesentatj'~es, suacessoxs in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the Iand, that: (a) No person on the grounds of race, color, or:nhational origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to;~discrimi.natiorn in the use of said facilities. (b) In the construction of any improvements on, over; or under such land. and the furnishing of services thereon, no person on the grounds of race; color, or national. origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to:discrimination. (c) The Iessee shall use the premises in carnpliarlpe ~yith all otker requirements imposed by or pursuant to Title 49, Code, of Federal Regulations;"Department of Trattsportation, Subtitle A, Office of the Secretary, P"~21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civi[ Rights Act of 1964, and as said regulations tna~~lie amended. (d) In the event facilities are canstir5eted, maintained, or otherwise operated on the said property describeij in this lease, for a purpose involving the provision of similaz services or benefits, did lessee shall maintain and operate such facilities and services in compIiauce with all other,quirements imposed pursuant td Tyt^le 49, Code. of Federal Regulations, Department of Tran"spbltation, Subtitle A, pffice of the Secretary, Part Z 1, Nondiscrimination in Federally- .4ssi-sted Programs of the Departmenf~of Transportation-Effectuation of Title V I of the Civil Rights Act of I954, and as said ,Regulations may be amended. 11.20.430 Partial invairdrfiy. If any term,pxgvision, condition, or part of the lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, eondttions, or parts shall continue in full force and effect as though such declazation was not made. 11.20.440 Parole modifications. It shall be mutually understood and agreed between the parties that the agreement,, as written, shall cover all the agreements and stipulations between the pazties; and no representations, oral or written, have been modifying, adding to, or changing the terms thereof. Chapter ll ktazbor Attachment"A" 4/27/2007 t0:0?AM U:AMy I~ocumeittslCleri<AChapYar i t..doc ~~~ Page 3S oP4b 1.1..20.450 Amendment of lease. Notwithstanding anything to the contrary; in order to aid the lessee in the financing of the improvements to be situated herein, the City shaII agree that in the event the proposed mortgagee, beneficiary or security assignee under any interim or permanent loan on the security of the leasehold interest of the lessee and the improvements to be situated thereon so requires, the City will make a reasonable effort to amend this lease in order to satisfy such requirements upon the express condition and understanding, however that such variance in language will not materially prejudice the City's lights thereunder nor be such as to alter i~ny way the rental obhgatians of the lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of airport lands; and ~o all applicable Federal statutes; rules, and regulations; and alt covenants and conditions of the deed by which the City holds title to the land. 11.20.460 Campliance cr=ith laws. a ~- (a) Lessee shall comply with all applicable lavv's, ordinances, and regulations of public authorities now or hereafter in ally manner affecting the }eased premises or the sidewalks, alleys, streets, and way adjacent thereto or any buildings, sfruettaes, fixtures, and improvements or the use thereof. whether or not any such laws;, ordinances, and regulations which may be hereafter enacted hivolve a change of policy on the part of the governmental bady,.enacting the same. Lessee agrees to hold City financially harmless from the following: (1} From the consequences of any violation of such law"s, ordinances, and/or regulations. y~ (2) From all CYarns fqr damages on account of injuries, death, or property damage resulting from such y~[ation. (b) Lessee fut•ther agrees it will not permtt any unlawful occupation, business, or trade to be conducted on said premises or any use to be made'fhereof contrary to any law, ordinance; or regulation as!`~'foresaid with resp~et thereto. 11.20:470 Care of premises. Lessee, at its own cast 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. 11.26.4&0 Lessee's obligation to retnove liens. Lessee will not permit any= liens including, but not limited to, mechanics', laborers', or material-men's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor ar material fuurnished to lessee or claimed to have been furnished to lessee or to lessee's agents, contractors, or sublessees, in cam7ection with work of any character performed or claimed to have been perfotzned on said premises or improvements by or at the direction or sufferance of lessee, provided, however, lessee shall have the right to provide a bond as contemplated by Alaska ]aw and contest the validity or amount of ChaPCer ll Harbor 4/27/2007 10:07 AM Attachment "A" LI:1My Documents\Clerk\Chapter I l.doe ,~,L8 Page 39 of 4G any such lien or claimed lien. Qn 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 Iien released or judgment satisfied at lessee's own expense. 11.20.490 Condemnation. In the event the leased premises ar any part thereof shall be condemned and taken for a public or aquasi-public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of flee proceeds, such abatement in rent payable during the term or any extension of the term hereof, and. such other ad~jisfti2?.ents as the parties may agree upon as being ,just and equitable under all the circumstances. If the City and lessee are unable to agree within thirty days after such an award has been paid into court, upon what division, arn3ual abatement. in rem, and other adjustments are.jdtst and equitable, the dispute shall be determined by arbitration provided in KMC 11.20.670 hereo£ 11.20.500 Protection of subtenants. ~,i) To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted lessee hereunder, the City agre8s that iti'the event of tie cancellation, termination, expirafion, or surrender of this lease (the ground, lease), the Cit}~ will accept the subtenant, its successors and assigns, as its lessee for a period equal to the full elapsed portion of the term of the sublease, including any extensions or renewals thereof ttot exceeding the term of this tease, upon the same covenants and conditions t~ierein eontaine¢, to the extent that said covenants and conditions are not inconsistent with any of the terms "and conditions of this lease, provided such subtenant shall rnalce full and comp@ete attornment to the City for the balance of the. term of such sublease so as tp establish direct privity of estate and contract between the City and the subtenant with'. the same farce and effect as though such sublease was originally made directly between they City and such subtenant, and fu'rCluer provided such subtenant agrees to comp(}=with all the provisions of fhe ground tease and all the terms of any mortgage, deed of trust, or secur}ty ti signment to which such leasehold estate is subject, except the payment of rent under the gi~l5und lease afid the payment of any debt service under any such mortgage, deed of trust, qr security assignment. 11.20..510 Successors in interest. This lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations or assignment as are ptnvided for herein. 11.2t1S20 Governing taw. The indenture of lease shall be governed in all respects by the laws of the State of Alaska. 11.20 530 Notices. (a) Any notices required by the lease shalt he in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed as follows: Chapter I7 Harbor Attachment "A'= 4/27/2007 to:0 i AM Uc\My Documents\Clerk\Chapter 31.doc 229 Palo 40 of 46 To Cit}•: City Hall--City of Kenai [P.O. BOX >80] 210 Fidai~o Avenue Kenai, Alaska 99611 To Tenant: (b} The City shall also rnai] a copy of any notice given to the lessee, by registered or cei-tif3ed mail, to any leasehold lender. (mortgagee, beneficiary of a deed of trust, security assignee) who shall haue given the City notice of such mortgage, deed of trust, or security assignment. ~; (¢) Arty such addresses maybe changed by an appropriate nnotice in writing to all other parties affected nrovid.ed such change of address is given'fi-fo time other parties by the means outlined in paragraph (a) above at least fifteen days print to the giving of the. particular notice in issue. 11.20.540 Fire protection. The lessee will take all reasonabl%e precaution to prevent and take all necessary action to suppress destructive or uncontrolled grass, brush, or other fires on leased lands, and comply with all laws, regulations, and rules promulgated and enforced by the Crty foi fire protection within the area wherein the leased premises are located. 11.20.S50lnspection. The lessee s[Iax~l allow authorized representatives of the City to enter the leased iand for inspection at any reasonable time. 11..20 AGO Ftersonal use of materials. :A11 coal, oil, gas, and other minerals and all deposits of stone or gzavel valuable for extract'toxr or utilization anc{, all. materials subjeot to Title II, Division I, Chapters 4, 5, and 6 of the Alaska Administrative Code are exce~tad from the operation of a surface Lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravei, peat moss, topsoil, or any other material valuable for building or commercial purposes; provided, however, that material requifed for the development of the leasehold may be used if its use is first approved by the City. 1.1.20.570 Restrictions and reservations. The lease shall contain such restrictions and reservations as are necessary to protect the public interest Chapter 11 Harbor Attachment "A' U:\My llocuments\Clerk\Chaptar l l.doc 230 hl27/2007 IocO? AM 1'a€e G1 of 4b 11 ?0.580 Waste assd in~nry to land. If any person shall commit waste, trespass,; or other injury upon City land, the person so offending, in addition to being civilly liable for any damages caused, shall he deemed guilty of a violation. 1.1.20.590 Warranty. The City does not warrant by its classification or leasing of land that the land is ideally suited for the use authorized wider said classification. or lease, and no guaranty is given or implied that it shall be profitable to employ land to said use. City bears no~esponsibility for any water erosion of land. 1.1.:20.600 Approval of ofher anfhorifies. The issuanoe bq the City of leases does not relieve tl~a;,grantee or lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal agencies. '11..20.61.0 Title restriefions. All leases or sales of property shall be made subject to resh~ictions azrd reservations in the patent, deed, or other instrument under which the City holds. 11.20.620 Fnsurauce-Hold harmless. ~s., Lessee shall covenant to save the City hanra`l"ess fi'om all''actions, suits, habilitias, or damages resulting from or'"'arising out of any acts of commission. or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the lessee's occupation, or use of the premises demised, or privileges granted, and to day all costs connected therewith. In this connection, the Lessee shall agree to mange and pad for all the following: (a) Pnbli~l~abili,ty insurance protecting both the CitS~ and/or its agents and the lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such pubup affability insurance as set forth in tlte"`lease [SHAZL HAVE LIMITS NOT LESS THAN THOSE KNOWN AS $250,OOD/$500,6001$100,000]. (b) Liquor liability (where applicable}. (c) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City, ii` applicable. (d) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thinly days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (c) Lessee agrees that waiver of subrogation against the City shalt be requested of Lessee's insurer, and shall be provided at no cost to the City. (f) Cross Liability: 1t is understood and agreed that the insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one Chapter I1 I-iariior Attachment °A" 4/2?/2007 10:07 AAd U:\My PocumcntslC3erk\Chapter t Ldoc 231 Paga 4Z of 46 named insured as respects claims against the same named insured or employees of such other named insured. (g) The insurance procured. by the lessee as herein required shall be issued in the name of the lessee and the City by a company licensed to do business in the State of Alaska, and shall captain endorsements that: (1} Such insurance may not be canceled or amended with respect to the City without thirty days written notice by registered. or certified mail to the City by the insurance company. (2) Lessee shall be solely responsible for payment of premiums and that City shall not be required to pay any premiums for such insurance: (h) The ainaunt of insuratce coverage required aUove may be spbject to review for increase at each five-year renegotiation of the lease. (i) Upon review by the City [COMMISSIONj, the lessee may be required to obtain such other insurance protecting tha City and lessee that mayrr~jO~ nee~ssarily required or advisable owing to the particularities of the harbor-related acti,vt~Yes on the leasehold interesf, 11.20.630 insurance of users-Subtenants. Lessee, for its own protection, may require bona fide public. users and subtenants to execute agreements holding lessee harmless from actions arising out of user's operations and may require such bona fide public users and subtenants to show proa'f of public liability insurance covering their operations on the demised premises in such amounts as will adequately protect them. 11.20.640 Annual report. The lessee may be required to submit to the City each year an or about March 15, an annual report on its operatidns, particularly those services and faciIi6es offered to the public, whether on a fee or non-fee basis. 1.1.20.50 Tidelands claims. ~~" `~'1'he City shall lease the subject Land subject to any preference rights claims made pursuant to the provisions of Alaska State 38.05.320 or Ordinance No. 455-78, dated September 5, 1979 of the City of Kenai, adopted pursuant thereto, and the lessee holds lessor harmless for any damages, legal expenses, ar compensation necessitated by the resolution or satisfaction of said claims, if any. 1L20.660 Subjection to harborordinance. All leases are subject to the terms, conditions, and regulations imposed by Title lI, Harbor and Harbor Facilities, of the 1979 Kenai Code of ordinances as amended of which this section is part. 11.20.670 Arbitration. In the event the City and lessee shall be unable to agree as to any matter provided for in the lease exoept as to the amotmt of the five-year rent redetermination amount which is handled Chapter t 1 Hazbor Anachment "A" 4/27/2007 10:07 AM U:\ivty Documents\ClerldChapter I l.doc 232 Page 43 of'4~C pursuant to KMC 1 L20.160, such dispute shall be determined. by three disinterested arbitrators (milass the parties can agree on one azbitrator}. Such. arbitration shall be conducted upon request of either the City or the lessee, before three arbitrators (unless the City or the lessee agree to one arbitrator) designated by the American Arbitration Association and in accordance with the rules of such Association. "The arbitrators designated and acting under this lease shall have no power to depart from or change any of the previsions thereof. The expense af• arbitration proceedings conducted hereunder shall be borne equally by the parties. The proceedings shall take place in Kenai, Alaska. unless otherwise agreed upon by the parties. IL20.6$0 Provisions reeula~ting public use purpose. The City Council realizes that only a limited area of tidelands bordering navigable waters are available within the City of Kenai and which are owned 6~ the City df Kenai. It would be in the public interest to insure that these lands do not pass out of community control at least to the extent that the public would not ba deprived of harbor service's-af reasonable rates in the future. Therefore, areas of City-owned tidelands which are.ddvclopable for the bona fide publip purposes as enumerated below shall he leased onl~~°v,~ith the loll°'owing covenants defi2ied to insure public use and access at reasanable rates. I1 ?(1.690 Provision to be included in pzib[ic use lease. The following provision shall be include8 in leases where harbor facilities are constructed to be uti]ized all or in part for bona fide public uses. f 1.20.740 Public use: defrtc`et~. (a) Public use shall mean a use limited in part or in whole to the following: (1) In general, the lessee may use the demised premises or part thereof for any of the following purposes only: (i) Pi3blib dock. facilities. (ii) Maritime commerce. ?(iii) Transportation. (iv} Fishing. (v} Boat harbor. (vi) Port and waterfront development purposes. (b) Before lessee may conduct any activities which fall under this general criteria, but are not specifically mentioned above, lessee must obtain written consent of the City. (Ord. 532) 11..20.710 Controlled access. Lessee, for its own protection, may construct or install fences, gates; or other types of barriers to restrict access to portions of the demised premises that are not designated for a public use and may provide reasonable controls for access to public use areas to allow for security for Chapter 11 Harbor Attachn~e~it °A" 4!?772007 10:07 AM U:AMy l7ocumeotsVCicrkVChaptar ti.noc 233 Page 44 o,`4(> such areas while insuring reasonable public access. Reasonable public access includes accommodations made far ftshing operations during fishing season. 11.Zt1.720 Use charges. Lessee shall make reasonable and uon-discriminatory charges to the public for use of any of its facilities. It is expressly recognized that lessee is entitled to a margin of profit, which should be fah, reasonable, and competitive, and that City will cooperate to this end in considering rates and fees. The [COMMiSSION~ City Manager review all rate structures annually. The lease shall contain an arbitration. provision as set forth. irla'IC 11.2Q670 to resolve disputes arising hereunder. 11.20.730 Maintenance of dock. Lessee covenants that it will maintain the dock fact~ty„,in'a safe cond'it'ion acid in accordance with applicable state and federal standards. 1.1.20.740 Modifications of existing leases. Leases shall only be modified to Yhat extent deemed do be necessary to protect the public's interest. 1.1.20.7:10 Unanthorized removal of material prohibited. Any person, firm, or corporation who without written authority from the Cii}~ removes rock, gravel, or other material from the lands owned~by the City without the express consent of the City shall be deemed guilty of a violation. Any criminal action taken against such person shall not preclude theaitstitution of civil proceedings by the Citg-. 11.20.760 Removal not authorized by lease. No deed or lease granted by the City to any person shall contain terms or be construed as granting any right to remove material from: City lands. 11.20.770 Disposition of rights by Council. In recoenition that conditions may exist from time to Time whereby use of such lands and the material comprising the Mme may be beneficial to the public interest and promote the progress and development of the City, applications for the use thereof may be received and considered by the Planning and Zonine Commission, providing such applications fully disclose to the City all material'^faets and plans for the proposed use. Such applications shall be consistent with the Comprehensive Plan of the City jAND REFERRED TO THE C1T" PLANNING COMMISSION FOR ITS RECOMMENDATIONSj. Disposition of such applications shall be made by the Council after recommendation from the Commission. 11.20.7$0 Penalties. (a) It is unlawful for any person to violate any of the previsions of this chapter and upon conviction thereof shall be fined as provided for violations in KMC 13.05.010. Each day such Chanter 11 Harbor Attachment "A" 4/2712(367 7 0:07 AM Ui~My DocummtslClerklChapter l l.doc 234 Page 45 oF46 violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (b} In addition to or as an alternative to the above penalty provision, the City may impose a civil penalty ir. an amount as pro~~ided by KMC 13.05.010 per day for the vviolation of any provision of this chapter and seek injunctive relief for any infraction thereof for which the offending party will be charged for reasonable attorney's fees and costs incurred by the City as awarded by the court. (c) Nothing in this section shall be deemed to restrict the Cit~~'s exercise of any of its rights pursuant to the lease agreement including those enumerated in I{MC 11:2'0220 acrd KMC 11.20?40 hereof. 11..20.790 Tideland teases for shore fisheries. (a) The annual minimum rental rate for tideland leases used primarily for shore fisheries shall be three hundred dollars ($300.00) per year. However, should the State of Alaska set an annual lease rate higher than three hundred dollars x'$300.00) far sinrilar tideland. leases"for shore fisheries on land owned by the State, the City may amend the annual rental to a rate equal to that charged by the State of Alaska. Any money owed pursuant to I~'1vIC~`t11.20.150 shdlJ be in addition to the annual minimum set forth above. ' ('b) Neither KMC 11.20.160 nor KM~~ 11.20.620(a) shaft apply to tideland leases for shore fisheries. (c) The provisions of KMC 1 L.,0.110 and KMC,1 1.20.130 regniring appraisals of tideland property shall not apply to leases o`tidelands for share fsheries. 1-Iowever, the survey provisions of KMC 11.20.110 are appl4cable to shore fishery leases. Chapter l t Harba~ Ai[achment "A" U'.\My Documents\Clerk\Chapter 1 Ldoa 235 4/29/2007 I G:09 Ay Page 46 of 46 nvFOaxTaoN aTE~Es KENAI CETY COUNCIY. PgEETING AIPeY 2, 200? 1. 5/2/2007 Purchase Orders Between S2,500 and $15,000 for council re~dew. 2. 4/24/07 Public Worlcs Department, Project Status Report. 3. 4/25/07 B. Molloy memorandum regarding Operating Budget 2008/Cai~le TV Coverage of Regular Council Meetings. 236 h Z °o °o °a °o o ~ °a o ~ O o o ea v ai n d o ~ "ry 0 ° 0 ° Q i o i c ~ u~ m it ~ u ch W N W J U ~ 2 ~ ~ ~ ~ CL ? O Q 4 O ' Q m R 0. U Z O 4 t7J U U' U Z ti Z u, ~ d ' > 4 LLl U Lll Ltl ~ f ~ W ~ h ~ L}C A °. ~ a a ~ ~ m U Z O U Q ~ N W ° F , 'S o c ~ x _ o N ~ < ~ w z o yw a a m ~ w a u°s ° a y ~ ~ w ~ ~ ° °o ~ ~ 4 *1 C1 F- I L J J U m Q Z 4V W '~ W m y ~ Z O C7 O a m W S W ~ ^ Y F- O ~-- W -~ ~ CR Z N ~ U W `~ tt O .~ ~ J ~ ~ ~ w~ N ~ o _, m w .J ~ J ~ O W W ¢ U ~ Z ~ ~ ~ _ z ~ a U > ~ v ~L37 Praject Status Report A=Active NC=Non-Constructlan 'r=Future STIP=Stefe Trans. Imp RK -Rick Koch JL - Jadc La Shot RS -Robert Springer MK-Marilyn Kebschull Jet • Jan Taybr ntxctFi cry t~tact Project Rarea; Status sib A JL Airport Runway Safely Grant received. Start up meeting held. Work to Zone/Extension start in May. A MK Airport Supplemental Planning Proceeding with implementation. Phase 2 Final Assessment Reports printed, Issued Amendment 3 for dra8ing airline negotiating agreement. A JL Contaminated Soils -Shop Will connect existing shop restroom to new sewer. No funds for further work. A RK Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining fhe Corps Permit, Cfty working with Corps consultant. Tetra Teeh main consultant. R&M is drilling monitoring wells. A JL Kenai Soccer Fields Two complete fields, two partial fields, water system, one-half parking lot awarded on 3!21!07. Change Order approved to topsoil two more fields and finish parking approved. A RK LID's & Miscetlaneaus Paving - McCollum/AliaklJaponski LID; Angler LID; Set Nat 2D07 LID; and Miscellaneous Paving Projects has been awarded 4o QAP. NTP issued, Ali projects to be complete by August 15, 20D7. A RK Water System HDL is reviewing files on wells and treatment. At issue: WH2WaterTreatment;ArsenicTreatment; WH4; On-site wells for parks; Lawton Dr. Water Main; Water Study Update; and activating old wells. A RK Wildwood Water Main Nelson is engineering this project. Bid documents available May 8. Tuesday, April 24, 2DD7 238 AtNC/F/ C(ty Contact PrUject Name Status srlw F JL Boating Facility Exlt Road Paving one half of the parking !ot and widen the road. DOT driveway permit onto Bridge Access Raad has been applied far. F F F LID - S. Ames and Thompson Property owners are circulating petitions for LID's Park LID's LID's -Shamrock Circle Council put this project on hold. Wrote Vetter asking property owners to suggesf method of allocating costs. Have not received any comments from property owners. JL Maintenance Shop Preliminary plans and specifications complete. STIP DOT -Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. City Manager talking to ADO7. Tuesday, April 24, 2007 Page 2 of 2 `Z3g 1>l~ma~gil 1n~i~Atih[Q~ ~ IIsafEm:~mraatQ~®~ 114~~ TCF: Mayor, City Council Members, Csty Manager & Administration FROM: Bob Molloy DATE: 04/25(07 SUBJECT: Operating Budget 20D8 -Cable TV Coverage of Regular Council Meetings Council did not supporf the $13;200 that I lead requested be included in the 2005 Budget as a Legislative budget. item for Radio Coverage of City Council meetings. One of the concerns expressed was the cost. $1,500 is proposed for the Legislative budget for delayed streaming of audio files of Council meetings via Internet. h1 addition, I would like Council to consider delayed broadcast of regular Council meetings on Cable T'V 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 public and to allow more Seward citizens to view the meetings from; home. This is a policy decision. There is no 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 aztid tripod so they can film dzeir Council meetings. Now, a staff member or a student will film the meeting. The Assistant Clerk did not recall how much the student is paid other than "it's not alot." If a city employee is called to film the meeting, the City takes the ftmds out of the overtime budget. GCT: GCI's representative reported as follows: GCI would not provide equipment ar personnel to film the Kenai City Council meetnlgs. The camera and tripod that Seward is using has been dlere "since eons ago" and GCI does not maintanl that equipment 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 GC£s cable line in relationship to City Hall and the Spur highway, it is not possible to broadcast City of Kenai's Council meetings "live" at this time. The GCI representative indicated that a new cable would have to be installed underground, which might be expensive (the implication being that GCI might not wart to incur that expense). However, City of Kenai Council meetings could be broadcast tape-delayed on GCI Cable TV. GCI would set up a schedule so the Council meetings would 1- 240 appear on a regular schedule instead of xandom air times. GCI's representative said that if the Council meetings are videotaped on Wednesdays, the meetings could be aired on Thursdays, depending on how soon. the tapes arrive.at their office. The tape would need to be at GCI the next morning, far the meeting to be aired on Thursdays. GCI needs to know the length of the meetings. The meetings would be aired an channel 12 and need to be taped on ~~I-IS. GCI does not charge anything far broadcasting the Council meetings; for budget, payment to GCl would be Zero DoIla:~s. I ask that Cable T~~ coverage of regular Council meetings be investigated fluther. For only a few questions, -Does tiae City already have suitable equipment that could be used for this purpose? - If not, what wotild 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 cauld be provided for substantially less than $13,200 estimated for radio coverage. Thank you. 2- a4i jh \~CENAI CITY COUNCIL-REGULAR MEETING l(%\ ~ MAV 2, 2007 ' 7:00 P.M. KENAI CITY COUNCIL CHAMBERS NENYLplGSiIA httpl/www a kenai ak us U TEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Shelly Brennaman, Kenai Watershed Forum and Kaleidoscope Elementary School Representatives --Creek Clean-Up, Adopt-a- Stream, and Storm Drain Stenciling. 2. Josselyn Burke, Kenai Watershed Forum -- Kenai Shorebird Celebration and Workshop. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. Ordinance No. 2225-2007 -- Amending KMC 14.20.030 by Adding the Central Mixed Use Zone (CMU) to the List of Established Zones. 2. Ordinance No. 2228-2007 -- Amending KMC 23.50.010 by Changing the Range of the Planner (Class Code 117) From a Range 14 to 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. 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 Retlect Changes in Government Accounting Practices While Keepingthe Requirement of a $500,000 Restricted Cash Reserve for 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. 2007-06 (as substituted) was postponed from the Aprif 4, 2007 Council Meeting. 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 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. 2007-18 was postponed from the April 18, 2007 Council Meeting. The motion to approve Resolution No. 2007-18 is active.) 7. Resolution No. 2007.20 --Authorizing the City Manager and Finance Director to Designate Personnel Responsible for Banking Duties. 8. Resolution No. 2007-2t -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ice Resudacing 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 G: UNFINISHED BUSINESS 1. Discussion -- Community Opinion Research Poll ITEM H: NEW BUSINESS 1. 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)(1) and (2) by Establishing Different Requirements for Determining the Length of a lease Exension 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. 8. `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 Constructior. and Paving a Cargo Pad. 8. Approval --Update/Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. 9. Approval -- Council on Aging By-Law Amendments 10. Discussion -- Dip Net DocWBeach Parking Fee Discounts for City Residents. 11. Discussion -- Schedule Executive Sessions/Annual Evaluations of City Manager, City Attorney and City Clerk. EXECUTIVE SESSION -- Nnna SchoriulPri