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HomeMy WebLinkAbout2012-10-03 Council PacketAGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 3, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 h.ttp: / / www. ci. kenai. ak. u s A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Vincent Goddard -- Water Analysis Results on the Inlet Fish Producers, Inc. Plant Property Site Pg 5 C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2651 -2012 -- Waiving Certain Leasing Provisions Imposed by Kenai Municipal Code Sections 21.10.100, 21.10.170, and 21.10.090; Determining the Lease Term, and Approving the Form of Lease with Respect to Lot 7a -1, Block 2, FBO Subdivision, Located within the Airport Reserve, to the Federal Aviation Administration for the Use of an Automated Flight Service Station Pg 51 2. Ordinance No. 2652 -2012 -- Amending Kenai Municipal Code Section 14.20.320, "Definitions," to Provide Definitions for Uses Listed in KMC 14.22.010, "Land Use Table" and to Replace the Definition of Boarding House to Better Define Boarding House in KMC 14.22.010, "Land Use Table." Pg 85 3. Resolution No. 2012 -55 -- Authorizing the City Manager to Accept a Donation, on Behalf of the City, of Four Parcels of Property Described as Lot 5, Block 11; Lot 9, Block 11; Lot 5, Block 12; and Lot 5, Block 8, Original Townsite of Kenai, Kenai, Alaska From Nancy J. Peck, for the Public Purpose of Including the Properties in the Dunes Restoration Project and Determining That the Public Interest Will Not be Served by an Appraisal Pg 109 E. MINUTES 1. *Regular Meeting of September 19, 2012 Pg 113 F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified Pg 121 2. Action /Approval -- Mayoral Nomination and Council Confirmation of Jake Arness to the Planning & Zoning Commission Pg 123 3. Discussion /Action -- Set Board of Adjustment Hearing Date -- Appeal of Condemnation Order of August 21, 2012, . by Larry Floyd, City of Kenai Building Inspector, of Mobile Home(s) located at 5125/5120 Silver Salmon Drive, Kenai, Alaska, SPC 44, Tract B, Highland Pride Park, Highland Subdivision. Pg 129 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission Pg 131 4. Library Commission 5. Parks and Recreation Commission Pg 133 6. Planning and Zoning Commission Pg 135 7. Beautification Committee Pg 141 I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -- Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the City [AS 44.62.310] - Potential Land and Property Purchase M. PENDING ITEMS -- None N. ADJOURNMENT Pg 145 City of Kenai Council Meeting Agenda Page 2 of 3 October 3, 2012 ****************************************************** * * * *** *** * * * *** * * * * * * *AAk * * * * ** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review Pg 147 2. Correspondence from Governor Parnell Regarding an Update on Actions Related to the Diminished Salmon Runs in the Yukon, Kuskokwim, and Cook Inlet Fisheries and the Resulting Closures and Restrictions. Pg 149 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907- 283 -7535 ext 231. y of Kenai Council Meeting Agenda Page 3 of 3 uctober 3, 2012 THIS PAGE IS INTENTIONALLY LEFT BLANK May 18, 2( Vincent Goddard Inlet Fish Producers, Inc. P.J. Box 114 Kenai, AK 99611 Re: Cook. Inlet Natural as Storage ( "CINCSA" ) Water Well Testing Results Dear Mr. Goddard- Cook Inlet Natnrat Gas Storage Alaska, LLC 3000 Spenard Road PO Box 7.90989 Anchorage. AK 99519 -0989 Pain: 907- 334 -70B0 Fax: 907. 334 -76671 www,crngse,cam Cook Inlet Natural Gas Storage Alaska LLC ( "CINGBA") recently coriraeted with Tauiainen. Engineering & Testing and SOS Laboratories of Lain satnpies of wcll water from Inlet Fish Producer's three water wells and have them analyzed for certain hydrocarbons to provide a baseline against which to compare any future testing for these substances which may take place during the life of CINGSA's storage project. Your three wells were sampled on April 26. 2012. The water samples were analyzed for the following substances: B Gasoline Range Organics.(ORO); • Diesel Range Organics (DRO); ▪ Residual RangeOrganics (RRO);. and • Dissolved Methane, The.SGS Laboratories Data Report indicates that GRO, DRO and RRO were not present in quantities above the detection limit of the standard testing methods used, However, dissolved methane was present. The following are the metizane results. & Inlet Fish. Producers Well I: 820 micrograms B Inlet Fish Producers Well 2: 62:0 micrograms,/Liter oducerss Well 3: 216 micrograms/Liter Enclosed is the SOS Laborator y Data. Report giving results specitically for your well water. Page 2 Mr. Vince Goddard May 18, 2012 if you have any questions regarding these results, please do not hesitate to contact Tom Anthnski, Manager, Right -o£ Way & Permitting at 907 334 -7743 or ani.nskiraionstarnaturzuuasxoni. Sincerely, M. Colleen Starring Vice President Enclosure as stated 6 Released by: Contort,: SGS North America lste Aiasita Division Levelli Laboratory Data Report '.'inject: Inlet Fish Client: ENSTA.RNaturai Gas SCE Work Order: 1 12 i 3B7 Cover Page Case Narrative FinerRepontReges Qua114 Control Summary Forms • Chein.ol Custody /Semple Receipt Forms Carmon Beene 2012.05.11 Q8 -52.55 - OBbOOl Note: Unless oihenviee noted, •ati puaUty es'nncefauat(y control criteria Is Imcompttancewit thestaneards.setfonh try the proper regulatory authority, the SGS Quality Assurance Pragram Plan, and the National Environmental Acredite ion Contetence. ©;th Customer: ENSTARP Project: 1121387 Nab" 'a'f ive ENSTAR Natural Gas inlet Fish Refer to the sample receipt form for information on sample condition, 112f367001 PS Inlet Fish -Well 1 RSK 175 - Methane was analyzed by SOS in Wilmington, NG. 1121367002 PS inlet Fish-Weli 2 RSK 175 - Methane was analyzed by SGS in Wilmington, NC. 1121367003 PS Inlet Fish- Wel!.3 F SK 175 - Methane was analyzed by SGS in Wilmington, NG. " 00 comments may be associated with th associated field samples. Id samples found in this repent. When aypltcable,- comments will be applied to the 2 of 32 Client: ENSrAR Natural Gas P 0 Boa 190285 Anchorage, AK 99519 Protect: Workorder Nc.; Attu Torn Artninski T: (907)334 -7743 tom.arminski @,enstarna inlet Fish. 1121387 Certification: lgas co, bor ato Analy This data package is in compliance wlththe terms and conditions of the contract, both technically and for completeness, unless otheneise noted an the sample data sheet(s) and /or rase narrative. This.certlfication applies only to the tested parameters. and the soecifio sample(s) received at the laboratory. If you have any questions regarding this report, or if we can be of further assistance, please contact your SGS ProjectManager. Cannon Beene carmon.beene@sgs.com Project Manager contents (Bookmarked in PDF): Cover Page Glossary Sampie Summary Forms Case Narrative Sample Resuita Forms Satoh Summary Forms)(by method) Quaid), Control Summary Forms (by method) Chain of Custody /Sample Receipt Forms Attachments (if applicable) trUxiue Ane1:00 -t A3{ 995 «90 at Report 9 3 of 32 Print Date: 5/1012012 Enclosed are the analytical results associated with the above work order. AP resales arc Intend be. nsed S is not responsible for use of less than. the complete report. lfyeu have any .questions regarding this report or if we cam be of any other assistane ; please contact your SOS Project Manager at 90, 562,2343. All work is provided under SUS general' terms and conditions (chap: / /wwwsas Loom /tenns_and_conditioas,hun >), unless other written agreements have been accepted by both patties. 868 maintains a fbcm,al Quality Assurance /Quality Control (QA'QC) program.. A copy of our Quality Assurance Plan(QAP),:which outlines this program. is available at your request The laboratory eenificatina numbers are AK0097I (Liter Chemistry & Microbiology) Lit UST -005 ICS) for ADEC and AKI00001 for NEL,Ai? (RCRA methods 1420A, 1311„ 3010.2030B_3520G 35500 503013, 5035B, 60-1.013, 6020, 7470AA, 7471B, 802113. 808113, 8082A, 826014; 8270D, 8270D -SIM, 90400.. 90450, 9056A, 90604, AK'I01 and At(1021103). Except as specifically noted, all statennents and dam 'in this report are in conformance to the' provisions set forth by the SGS QAP and., whet, applicable, the National. Environmental Laborauuy'Accreditation Program and otherreeolateny authorities_ The following descriptors or quaiifiea may be found in your repot: a The analyre has exceeded allowable regulatory or control limits. Sunrosate out ofcontroi limits. $ indicates the. anal }rte iS faunal in a blank associated with the sampte. C:CV Continuing. Calibration Verification CL .Control .Limit D The anaivte concentration is the result of e dihnion. DF Dilution. Factor :DL- Detection Limit (i.e., maximum method actuation .[inn') E The analyteresult is above the calibrated. range. P Indicates value that is greater than or equal to the 0L OT Greater Than 1CV Initial Calibration Verification .1 The quantita'rion is an estimation 7L, The analyaeisas positively identifiat!, but the gzbvttitation is s low esfismaado n. LCS(D) Laboratory Control Spike (Duplicate) LCJ7J- I.-imit.ofDereetion (i.e.. 2xDL) LOQ Limn. ofQuantitation(ie.. reporting orpraetieal gn rndaatinu limit) L7 Less Than An A. matrix effect was present. MN Melton Nand; MS(D) Mattis Spike (Duplicate) ND indicates the anal to is not detected. Q QC :parameter out of acceptancerange R. Rejected RI, Reposing Limit RPD Relative Percent Difference Indicates tire analyte was analyzed fir but not detected. Note: Saigpk summaries which include a result for 'Total Solids" ime already -be All DROIRRO analyses are inteurated.perSf2R. .d for moisture conies SGSNorth America tn t tt 62.2343- R 903)251 5'01 M emte, or .500 Group 10 4 et 32 SAMPLE SUMMARY Print Date) 5/10/2012 2:49 pro Client. Name: ENSTAR Natural Gas Project Name: luta Fish Workordec Mo.: 1121397 Analytical Methods Method-Description Analytical Method Diesel/Residual Range Organics Water AK102 Diesel/Residual Range Organics Water AK 103 Gasoline Range Organics (W) AKT01 Sample ID Cross Reference Lab Sample ID Client Sample D 1121367001 Intel rish-Weii 1 1121387002 Inlet Fish-Welt 2 1121387003 InietFish-VVeit 3 1121387004 TRIP BLANK SGS)Grlb Ala enc. a In. . Er■ aiaottn erne I finaision 700 V. eat Pane! D nvo ant hors ao AK 000 tr907 KA62 2341 !A907)00) 539; owbat orKG0 Group 11 5 of 32 ENSTAR Neturai•Gas Print Date: 511012012 2:48 pm Client Sample ID: Intel- Fish-Well 1 5GS Rel. 11213E7001 Project ID: Inlet Fish Matrix: Water (Surface, Eff., Ground) Collection Daze/Time: 04126112 12:25 Receipt Date/Time: 04/27/12 09:20 Votatiie Eueis Department Analytical Prep Parameter Result LOQICL DL Units catch Batch Qualifiers Gasoline Range. Organics 00620 0 0.100 0.0310 mg/L 1 VF010965 VXX23446 4- Bramofiuorobenzene <surr> 57.6 50 -150 „ if VFC10965 VXX23446 Batch information Analytical Batch: VFC10965 Prep Batch: VXX23448 Analytical Method: AK101 Prep Method:. SW5030B Analysis Date/rime: 05/04112 13:31 Prep Date/Tune; 05704/12 09:00 Dftulion Factor. 1 initial Prep Wt:Nol.:: 5 mL Prep Extract Vol.: 5 rL Container ID :1121367001 -B Analyst: NRB 6 of 32 12 ENSTAR Natural Gas Print Date: 5/10/2012 2 :48 pm Client Sample ID: Inlet Fish -Well 1 SGS Ref. 0: 1121367001 Project ID: Inlet Fish Matrix: Waler (Surface. Ett. Ground) Semivolatiie Organic Fuels De Collection DateoTime: 04/26/12 12 :25 Receipt Date/Time: 04/27/12 09:20 Analytical Pretl Parameter Result LOQ /CL DL Untte bF ttatoh Batch Qualifiers Diesel Range Organics Residual Range Organics 6a Androstane <sum> n- Trlacontane -d52 <surre Batchlnforrnatian Analytical Batch: XFC710360 Analytical Method: AK102 Analysis Date/Time: 05(03/12 22:36 Dilution Factor: 1 0282 U 0,638 0.191 mg /L 1 XFC10360 XXX26769 0220 G 0532 0.160 mg/L 1 XF010360 XXX26789 93.9 50 -150 % 1 XFC10360• XXX26789 99.9 50 -150 % XFC10360 XXX26789 Prep Batch: XXX26789 Prep Method:.SW3620C Prep Daterime: 05/01(12 08:35 Analutical Batch: XFC10360 lyrical Method: AK163 iysis Date/Tinsel 05/03/12 22:36 Dilution Factor: 1 Frep Batch.. XXX26789 Prep Method: Sb1/3520C Prep-Date /Time: 05 /01)12 08 :35 Initial Prep VJLNol.: 940 mL Prep Extract Vol.: 1. mL Container ID:11211387001 -G Analyst; LCE Initial Frep WL./Vol.: 940 mL Prep Extract Vol.: .1 mL Container ID:1121387001 -G Analyst:-LCE. .000N.5111 Am eri cv P18 inc. 200 S ePotLS Drive!mch0ran0 A099518 ti 904-002.2341 11901 901 8'801 1.155m0e5 ,0560-Otv50p 13 7 cf 32 ENSTAR Natural Gas Print Date: 5/10/2012 2:48 p Client Sample ID: inlet Fish -Welt 2 SGS Ret #: 1/21387002 Project ID:. Inlet Fish Matrix: Water (Surface.. Eft, Ground) Collection Date/Time: 04/26/12 13:20 Receipt Date/Time: 04127/12 09:20 Volatile Fuels Department Analytical Prep Parameter Result L00 /CL DL Units DP Batch Batch Qualifiers Gasoline Range Organics 0.0620 LI 0.100 0.0310 rrg /L VFC10955 VXX23446. 4- Bromofluorooenzene csurr> 90.1 50.150 "/ 1 VFC10965 VXX23446 Batch information Analytical Batch: VFC10965 Analytical-Method; AK101 Analysis Date/Time: 05/04/12 53:49 Dilution-Factor: 1 Prep Batch: VXX23446 Prep Methoo: SW50308 Prep Date/Time: 05 /04/12 05:00 Initial Prep V i.Nol.: 5 mL Prep Extract Vol.: 5 mL Container ID:1121387002-B Analyst:.NRB SOSNorth Am slier. Inca P. i- omvevta 1 Division 10 WVI nn ses.con :(905 }5'G] . ^t4 14 907154 r 4154s Ot E of 32 ENSTAR Natures Gas Punt Date: 5110/2012 248 pm Client Sample ID', tote' Fish-Welt 2 SGS Ref. #: 1121287002 Project ID: net Fish Matrix, Water (Surface, Eff,._ Ground) Semis/Settle Organic. Fuels Department Collection Dater-lime: 0412502 13:20 Receipt pate; i tme: 04/27/12 09:20 Analytical Prep. Parameter Result :Aa /CL 6L Units Batch Batas Qualifiers Diesel Range Organics 0.410 U 0.662 0205 mg /L 1 XFC10360 %X-0.26789 Residual Range Organics 0,340 U 0.568 0.170 mg /L 1 XFC10360 XXX26789 5a Androstene csurr> 91.5 50-150 % 1 XFC10360 XXX26789 n- Triacontane -d62 <surr 90,7 50-150 % 1 XFC10360 XXX26789 Batch htformat "ran Analytical Batch: Y- FC10360 Analytical Method: AK-102 Analysis Date/Time:. 05 /03/12 22:46 Dilution- Factor: 1 Prep Batch. XXX26789 Prep Method: 8W35200 Prep Date/Time: 05/01112 08 :35 Analyttcat Batch: X;010360 Analytical Method: AK103 Analysis Date/Time,: 05/0311222:46 D8uiinrt Factor. 1 Prep Batch: XXX26789 Prep Method: SW3520C Prep Date/Time: 05/01/12 08:35 initial Prep .,Wt./Volt 880 mL Prep 'Extract Vat.: 1 mL Container ID:1 1 213 8 7002 -G Analyst: LCE Initial Prep Wt.Mo1.:880 mL Prep Extract Vol.: 1 rule Container ID:7121387002 -G Analyst:. LCE n m_ Ana Poi .:aa 4 !1941.5 1007156 2.2545 f(907)54-1 .3P01 15 M ember r[k'SG5 Oman, 9 00 32 ENSTAR NaturaI Gas Print Date: 5/1012012 2(48 pm Client Sample ID: inlet Fish -Well; 56S Ref. #: 1121387003 Project ID:. Inlet Rah Matrix: Water (Surface. EP., Ground) Collection Date/Time: 04(26112 11:40 Receipt Date/Time: 04/27(12 0920 \Eatafiie Fuels Department. Analvticai Prep, Parameter Result L00IC. DL Units DP Batch Batch Qualifiers Gasoline Range Organics 0.0620 U 0.100 0.0310 mg /L VFC10965 VXX23448 4- Bremoftuorobenzene csum 89.8 50 -150 ,a 1 VFC10965 VXX23446 Batch Information Anaiyticai Beech: VFC10955 Analytical Method: AK101 Analysis Date/Tine: 05/04112 14.07 Dilution Factor: 1 Prep Batch: VXX23446 Prep Method. SW503013 Prep Date✓ nme: 05104!12 08:00 initiat Prep Wt.Noi -:5 mL Prep Extract Vol.: 5 mL Container 1D:1121387003 -B Analyst: NRB lEnv oncztoocatDials ' aaw. u'saf- ^rYUU, 995 L5 Q4091i49.2949 99ST 54 .3U 16 100132 ENSTAR Natural Gas Print Date. 5/1012012 2:48 am Client Sample ID: inietFisheleVefl3 SGS Ref. #:1121397003 Project ID: net Fish Matrix: Water (Surface,. 5/?,, ,round) Samivokatiie Gzcaanie Fuels De Parameter Diesel Range-Organics Residual Range Organics 5a.Androstane <sLrrr> n- Triacontane -d62 «esurr> Batch information Analytical Batch: XFC10350 Analytical Method: AK102 Analysis Date/Timm 05/03/12 22:55 Dilution Factor: 1 f2E9fl:t Celle:Am Date/Time: 04126/12 11:40 Receipt Date/Time: 04/27112 09:20 LOO /CL DL Analytical Prep Unity CF Batch Batch Qualifiers 0.376 U 0:632 0.189 mgrs. 1 XFC10360 XXX26789 0.316 0 0.526 0.`58 nig /L XFC10360 XXX26789 93.9 50 -150 / 1 X.FC1.0360 XXX26789 99.8 50 -150 % 1 XFC10360 XXX26789 Prep Batch: XXX26789 Prep Method: SV1135200 Prep Data/t`lmer.05 /01/12 08:25 Analytical Batch: XFC10360 Analytical Method: AK103 Anaiysis Datemrne: 05103/12 22:55 Dilution Factor: 1 Prep Batch: XXX26789 Prep Method: SW3520C Prep DataTirne: 05/01/12 08:35 initial Prep WLNoL: 950 mi. Prep Extract Vol.: 1 mt. Container ID:1121387003 -G Analyst: LCE initial Prep 1hlt.Nol.: 950 m Prep Extract Vol.: 1 mL Container n1121387003-0 Analyst: LCE SCE Na rah Ana nun Inc .1 Envirmartunun t 202ixmn 200 WenPotncr Dune AI 17 _.. 11 of 32 ENSTAR Natural Gas Print Date: 5/10/2012 2:48 pm Client Sample ID: TRIP BLANK SOS Ref, #: 1121387004 Project ID: Inlet Fish Matrix. Water (Surface, EN., Ground) Volatile. Fuels Department Parameter Gasoline -Range Organics 4- Bromofluorobenzene <sun> Batch information Analytical Batch: VFC10965 Analytical: Method- AK1:01 Analysts.Date/time: 05/04/12 1425 Dilution Factor: 1 Result Collection Date/Time, 04126/12 11:40 Receipt Date/Time: 04 /27112 09:20 Anai'ptical Prep LOGICL 6L Units bF Batch Batckt Qualifiers 0.0620 U 0.100 0.0310 88.8 50 -150 Prep Batch ::VXX2344B Prep: Method:: SW5030B Prep Datemme: 05 /04/12 08:00 1 VFC.10965 VX; 23446 1 VFC10965 VXX23446 initial Prep WUVof,: 5 m4 Prep Extract Val.: 5 mL Container ID1 121387004-A Analyst: NRB S0SNurh A ins Envru 18 . 12 of 32 SGS Refit 1084465 Method Manic Client Name ENSTAR Natural Gas Project Nanteiti inlet Fish Matrix Water AS utiactsi Etta Ground) Printed Date/Time 05/11112012 1448 Prep Barth XXX26789 Method 5 \5735730C Date 05101/2012 GO results afito the following production samples: 1121387001. 1121387001 1121387003 Parameter Results i.00/(0/ 01. tirtha Mal'/sir Date Semivola tile Organic Fuels • Dapatauent Diesel Range Organics .1.360 0 0.600 0.1811 mot. .Surrogates 5it Antirostane <sun> 90.3 66-120 hatch XFC 10360 Method Al(102 immlincot 919 6890 Series IT MD 5 VD r, Residual Range Organics oson 0 0.500 0.1.511 moil. Surrogates 'Friacontrano-d62 <sun> 1(14 60-120 Bata XFC:10360 Method AK.103 Instrument 119 6890 Series 11111D S11 D 19 05/03112 05/03712 05/03/12 05/03112 13 of 32 THIS PAGE IS INTENTIONALLY LEFT BLANK 20 SGS Rei( 1085140 Method Blank Client Name ENS'I"AR Natural Gas Project Namef Inlet Gish Matrix Water (Sul :ken :Elf. Ground) Printed'Dnteflime 05/1.0/2012 14:48 Prep Batch V/Xx23446 Method 3W50308 Date 055 5104/1012 00 results affect the following predation samples: 112087001. 112135 7002.1.121387003.11213117004 amiysie Parameter Resulte LOC?:0 888 Iicec Ose Volatile Fuels Fooartment uaSoune wtnge Vrg"aniCS Surrogates 4- I3rornoliuonibenzene <san 9atebb VF(11090$ e etbod 441101 Instrument Agnew 7890 9ID/FID 00620 11 0.100 00310 mall 05/0412 84.3 t0 -150 21 05tt)412 14 of 32 SGS Re.n Clienrhiume Pro(netNon, Matrix 1084466 Lab C.ontmt Smnple 1084467 Lab Control Rainpl,e ENSTAR.. Natural bias_ f11letFish Water (Surface, Ufa a Ground) ie rsiNtd Dateffimr Prep Hatch Method Date 05/1012012 14:48 XXX2678") SW3520C 05/01/2012 QCresults:de the fo0owing production samples: 1121387001, 1121387002, 1121387003 Panama <0 Resuite Pct Ixxar LCSASD Limits RPD RIO Limit Analysis ume Semi.volatile organic Theis Ienactment Diesel Range Organics I.CS 4.24 LCS.() 4.95 Surrogates 5a.Androstaae '4urP LOS LCSD Barth hinthod .instrument XFC 10360 AKIO2 111' 6890 Serie FID SV'D F Residual Range Organics LCS 4.20 Surrogates' n- Triacantanc -d62 Method instrument W51) 5.10 LCSD XPC10360 AK103 HP 689(1 Series 11 PI D SK' 1) F 85 94 25 ) 95 (60 -,120 ) 116 84 102 (60 6120 15 19 19 91 (60 -120) 118 26 22 (.420) 'm @/L 05/032012 5 mgfL 05/03/2012 05/03/2012 05/03/2012 5 mgjZ 05/03/2012. 5 tnsfL 05/03/2012 05103/1012 05/03/2012 15 of 32 SGS Re£# 1025/43 L.ah Control Sample Printed Dxte✓lima :057itil?ii'T2 14:48 40E5144 -Gab Control Client Name ENS`[:AR.Natrad Gas Project [Name/i4 Inlet Pula A➢atris Water (Surfaces Eff., Ground) at Method Date GC reaults afTeccthe i611r;�tanlyproihm5un snralalee, 1121337001. 1121387002. 1121387003. 1121387004 Parameter OC Pct Ramlts Recov LCS/LCS RPD Linirs tx Aneetit Date Volatile Paola Denaart.aeet Gasoline Range Organics LOS LOSD /latch VF010465 Method AK 105 instrument AgSient. 7801 psD1F'1 0955 96 ( 60 -120) L.00 ng /L 05/042012 .0924 42 3 ( <- 20) 1.00 ntg/L 051042012 16 0532 7 UN1AiN ENGINEERING &i ESTINU 35186 Spar Hwy Soldotne, AK 99e69 (9117)262 624 FAX 262.5177 englneeringalaska @gcl.nol CLIENT INFORMATION Nance CINGSA Address Phone NIII /Paid _ r Project it COMMENTS This report is for the exclusive use of the pa Contact j 1121387 Mil rvil Fax PO# OFIINATED - Y N CHAIN or UST" DY LAB NUMBER: PWSID ddre <_sed. By submitting a sample Poi testing to Tauriafnen Engineering & Testing, Inc.,(TET) the re ondit e hod of Arrival_ uCooler with ice ❑ Gotilerwifh no ice o No preservative mph? Condition: Good Rejected Tefn eralure pH Relinquished by cn _ Date/Time: L o J3� L/j O _ Accepted by Date/Time: Accepted by: _..1� Date/Time: Relinquished by: Dated irate: [A WS W4G1NEERING MTN 35166 Spur Hwy Beldatno, Alt g.9669 (967)262 -4624 FAX 262-5777 engineering atasuaftheslist CLIENT eNF Name Address Phone Bi11(Paid COMMENTS MATION CII`JGSA Project # 1121387 1111111 CHLORINATED - Y N is addressed. By submftting a sample for tooling to Ta CHAIN OF CU TC LAB NUMBER: PWa1D: inen Engineering & Testing, tno.,(TET j the Client agrees to the tonna And conditions on 40 rni 1 liter amber 40 ml fv ei,lod of Arrival: ❑ Cooler with ice ❑ Cooler with no ice Sample Condition: Good Rejected Tempe attire Relinquished by:. �1 Date/Time: 2(e7'l12 I lye} Relinquished by: Date/Time: ❑ No preservative c QFier pH Accepted by: Date/Time: Accepted by: r.Y RJX-- Date /Time: u) o f1'1? THIS PAGE IS INTENTIONALLY LEFT BLANK 26 TAUR NE INEERING &T TI'IO 35166 Spur Hwy Soldatna, AK 99669 (907)262 -4629 FAx 262- 5777englneerIngalasks gd.net CLIENT INFORMATION Name CINGSA Address Phone 13i11#Paid COMMENTS Contact Fax Project # � PO# 1121387 III�IhiIIIIIIIIIIIII ILI�IIII,IIIIIIdII RINATEL) =Y N Thts report is for rho exclusive use nr the party to wl mm it is addressed. By su ample for testing to Tatars' reverse... CHAIN OF CU T Lail' LAB NUMBER: PUVSI©: a the ter d conditions on Method of Arrival:_. o Cooler w ilEu ioe Sample Condition:- Gaoci Rejected - Relinquished by: ? Date/Tim n..nr.t., do kart by Date irn D Goole Tempel ith no ire o No preservative__ ure pH Accepted by Accepted by-.' n Other t) ate/Ti rn e: ©ate /Tim THIS PAGE IS INTENTIONALLY LEFT BLANK 28 SGS SA IPT FORM ReviewCHteria: Were. custody- sects'imacl? Note 4 & iocation, if applicable_ COC accompanied samples? Temperature blank compliant* (Le., fl-PC after correction factor 'r Note:: Extmpuonpermirted for chilled sampler collected less tiantlinpurs ago. Cooler. ID: l L td ii. rn'Thcrm.I©: i Cooler ID: !ril w7Theam.D: Cooler ID: w/ Therm.D: CoolerlD: w/ ThermID. Cooler ID: vat TherrtiID: Ifaon- compliant, use farm FS-0029 n.documcrndflcard sanrpks/onedysra if samples zrc tcccived withrmt a temperature WWII; the "cooler temperature" will be documented in lieu of the temperature blank :& "COOLER TEMP" vill he nosed to the right" in cases where neither a wimp blank not cooler temp cart be obtained. note "ambient" or "diilicd." If temperature(sy <0 °C, were all sample containers ice free? Delivery method (specify au thatranply): Client' LISPS Alert Courier Road.: Runner AK Air Iepnng '�- 'Cariile ERA PenAir NAC Other: For FPD.with a,irbiils, was the'WO# & airbifl info recorded in'.the Fro t:Couater°Log? 1121387 IIIH 1 Y NOM :air Sec Yes No 3 Forsamples received - with, payment; note amount ($ ) and cash it checktiii. CC i For - samples- received - inFI3KS,ANCH' staff will verify :all :.criteriaarezn$ewed. Were samples received within hold: time? i No None, Refer to form F -083 "Sample Guldd'farhnid time information. Do samples march COC* (i.e., .sample IDs, dateshimes.collected)? No N/A " °' Note: Exemptionpermhzed famesdiffer Vhr ::in which can, sae Lime.: ors COC 1�••/ Were analyses requested unambiguous? y' re) No N/A r"Cies No NIA d by: Were samples in good condition (no itaksfcracks,.yt ce) Packing material used ,(specify .all that apply): Separate plastic bags Vermiculite Were :all : VOA. vials free. "of headepace (i.e.., bubbles <6 Went "all "soil VOAs: field Dex-trusted with.MeOH ±BFB7 Were proper containers (type /masslvciume /presen'ative 'Note: Exempting Fernlike for "vans in be uaallzcdformelds. Were Trip Blanks fie., VOAs',:1 ] - lig) .in cooler with samples 7 For sue i (o., "MI" or foreign soils, lab filter, limited volume, efSacb); were bottles /uaperworkflagged (e.g., sticker)? For preservea' waters . (other than VOA vials, LL-Mercury or microbiological analyses), was'.pO verified: and compliant? If pH -was adjusted, were bottles flagged (Lc.. sticlrrrs)? Fori:R13SEJSHORT Reid Time or site- specife: -QC (e.g., . or9DUF) samples, were the COC &bottles. flagged (e.g., ordinely? For RUSH /SHORT :HT, was:enail sent? •ed."No,". has the PM. been notified and the pmbiem'resolvod:(er naperworl= pm in their bin)? EEIl2 F€EVIEW efsample nurarberfnaRa� .Additional. notes if applicable): Nate to " --Gi me: Arty "no " circled above indicates non-com pfiance with s rd procedurees a 29 20 0032 Laboratory Report of Analysis To: Julie Shumway SGS ENVIRONMENTAL - AK 200 W. Poter Dr. Anchorage, AK 99518 US ti Report Number: 31201289 Client Project 1521307 Dear Julie S Enclosed are the results of the analytical services performed under the referenced project tor the received samples and. associated QC as applicable. The samples are certified to meet the requirements of National environmental Laboratory Accreditation Conference Standards. Comes of this r..port and supporting data will be retained in our files for a period of' five -years in the event they are required for future reference. All results are intended to be used in their entirety and SGS is not responsible for use of less -than. the complete report. Any samples submitted to our laboratory will be retained fora maximum of thirty (30) days from the date of this report mess other arrangements are requested, ny questions about the report or services performed aunty this project, please cat Barbara A. Hager 0) 350 -1903. We will be happy to answer any questions or concerns which you may have. Thank you for using 603 North America tnc for your analytical services. litre look working With you again on any addttonai analytical needs. Sincerely, SGS North America Inc. taktai Barbara A. Hager 2012:05,09 10:01:54 •05'00' Barbara A. Hager Project Manager barbara. hager@sas.tom Date 15500 tusinez.Driu Wilmington, NC 25405 tt 910: 50190} f 91C.35¢„ ;5I „waxwsOsss._mn: 30 Member of SGS Gaup 21 of a'2 Laboratory Cordillera Report Definitions DL Method, Instrument, or Estimated Detection Limit per Analytical Method CL Control Limits for the recovery result of a parameter LO0 Reporting limit DF Dilution Factor RFD Relative Percent Difference 1_O5(D) Laboratory Control Spike (Duplicate) MS(D) •Matr%x Spike (Duplicate) MB Method Blank V A J O E lifter Definitions Recovery or RPD outside of control limits Analyte was - detected in the Lab Method Blank at a level above the LOO. Undetected (Reported as' ND or< DL) •Recovery is below quality control limit. The. dete.has been validated based.on a favorable. sicna:-to -noise and detecttonlimit Amount detected is less than the Lower Method Calibration Limit Estimated Concentration. The recovery of this anelyte in the OPR is above the Method 00 Limits and the reported mncentraiion in the sample may be biased high Amount detected is greater than the Upper Calibration Limit The amount of analyte present hessaturated'ihe detector This situation results in an underestimation of the affected analyte(s) 0 Indicates-the presence of a quantitative interference. This situation may result in an underestimation cif the affected enalyte(s) Indicates the presence of a qualitative interferenm that could cause a false positive or an overestimation of the affected analyte(s) PPE Indicates the presence of s'pealt in the polychlorinated diphenylether channel that could cause a false positive or an overestimation of theaffected- analyte(s) TIC Tentatively identified Compound EMPC Estimated Maximum possible Concentration due to ion ratio failure ND Not Detected K Result fs- estimated due to ion ratio failure in High Resolution PCB Analysis P RPD > 40% betweenresults of dual columns D Spike or surrogate, was diluted cut in order to achieve a parameter result within Instrument calibration range Samples requh-no manual integrations for vadnus congeners and/or standards ere.marked and dated by the analyst. A code definition is provided below: M i Mis- identified peak M2 Software did not integrate peak M3 Incorrect baseline construction (i.e. not all of peak included; two peaks integrated as one) M4 Pettem• integration required (i.e. ORO, GRO, PCB. Toxaphene and Technical Chlordane) M5 Other - Explained in case narrative ote Results pagesthat include e value for "Solds( %y have been adjusted tar moisture content. 5500 Business Drive, Wiimina<on -, NC20405 ct.3 r,350. at9?blaa 5S7 svesuresgtarta.__._._._, 31 22 at 32 • Client Samale ID Inlet Fish-Well 1 Inlet Fish-Well 2 inlet Fish-Well 3 Sample Summary Lab Sam* ID Collected Received Matrix 31201289001 04/2612012 12:25 05/01/2012 09:40 Water 31201.289002 04/2512012 1320 05/01/2012 09:40 Water 31201289003 04/26/2012 11:40 05/01/2012 129:40 Water :9E00 Redress Drive., Wile8ncton, NC 28405 255825382288318.233.5..328.87S14.54282257822 32 Cer01 cation Member of S25.Sroup 23 of 32 Client Sample ID: Inlet Fish -Well 1 Lab Sample ID: 31231289001 -A P.SK -175 Client Sample ID: Inlet Fish -Well 2 Lab Sample ID: 31201289002-A P.SK -175 Client' Semple ID: Inlet Fish- WeIS.3 Lab Sample ID: 31201289008 -A RSK -175 Detectable Results Summary Parameter Dissolved Methane Parameter Dissolved Methane Parameter Dissolved Methane Result Units 620 ugfL Result Units 62.0 argil Result Uhtt' 215 up'L :550CBuaness Dive Wimingter, tiC 2$405 t9I 035G1.29ita.!`.?Sfl.151..tam u5 a' 0a •f.,°.Ay..._..__.- �..- .._._._. _......_. .....__- ,...,.,..._......�_,.., trA 33 24 of 32 —Results of Inlet Fish-Well 1 Client: Sample ID: Inlet Fish-Weil 1 Collection Date: 04/2512012 12:25 Client Project ID: 1121387 Received Date: 05/01/2012 09:40 Lab Sample la 312012890014k Matrix: Water Lab • Project ID: 31201289 -- !Results by RSK-175 Parameter Res* alai DL 1.00fOL Units DF Dissolved Methane 820 2.60 7.10 6.61 1 Batch Information i0L0‘,06a., 60-4.016 XGi.:21451 PriNVitt6 Methet.' arum'. GCE erigivol ArraWbeel Date/700w Crie70011012 Werge Pier rthielee: Drew Warlyelle peep Dateirime. 0.0l02/2010 Peep leilirileeligegol. 10 rot. Prep Exerect woe gem,_ Date Anahrze0 05/262012 10:31 4i1 i5500 Business Drive,. Wilmington, 00028405 iteDID,359.WOMfac,3502,557 wwwqrscisgoin Wrimberge:GS Grow 34 25 of 32 - --Results of Inlet Fishrtclat Client Sample ID: inlet Fish-Well 2 Client Project ID: 1121387 Lab Sample ID: 31201289002-A Lab Project ID: 31201289 Results by RSK-175. Collection Date; 04/26/2012 13:20 Received Date: 05/01/2012 09:40 Matrix: Water Parameter Result Qual tit LOOICL Units DF Date Analyzed Dissolved Methane 82.0 2;60 7 10 un/L 1 05/2/2012 1029 Batch information Hiftti "g9t1;2l-, o,Gdytcra. o Grrt TIOry r-or: Gillen: 11011 rchorly1c CrIc CoroloArro):, Derc)11nrc 051011:111:12 Frfo, J od9 C120,2— i•geo ',1G4G-41-11r), 115)112121112 PHaro IrrizioA))))ro rvcr; 1C) rot) PrGrrr OCictrr1c.1 ric1 1`.. ono C, 'ClocoiroorGoicr 5500Bosinei Drive, 7,Ii[mington, NC.28405 1910 ssqlgOif 91.03501557 vmw.ussgszon: MentherofSGS Group 35 26 of 32 -^iiesults of Inlet Fish-Welt 3 Client Sample ID Inlet Fish-VI/ell 3 Client Project ID 1121387 Lab Sample ID: 31201289003-A Lab Project la 31201289 1--Results by R.S19.175 Parameter Dissolved Methane Result Qual DE 211 2.60 • Batch information • Pommes: Eitiall tiottc1s7 r.aryrtam R34-1: insuurneere 42,01.0 45.0a4'el rfr71 ool1o7.jDa0flTo10 00100 124410 1.104 Collection Date: 04/26(2012 11:40 Received Date. 0510112012 09:40 Matrix: Water LOQ/CL Units DF 7.10 uo/L Prep ErCertelm MOC2101 erMem beNterad: F01414-470 Perrep PTA:0101mo: 0E402120100 10441 Prep ini0mr 041000010 10 mt. Prep EmPiNropt 110 Date /malt/zed 05/272012 10:47 Cer- terarcit- 40' -5500 Ermieess Drive, Wirminolon: NC 28405 ...stdkdd5.91$04B105.503597..m7494Stscroti Mmbor of SG; Group 27 of 32 36 —Batch Summary Analytical Method: RSK-175 Prep Method RSK-175 Prep Batch XGC2161 Prep Date: 05/02/2012 09:20 Client Semple ID Leh-Sarno le ID Analysis Date Analytical Batth • Instrument Analyst MB for H8M1123217 VGC121611 69478 05/0212012 09:20 X302161 338 DTF LCS for eeN 23217 VGC/21611 69479 05/0272012 09:28 XG.32161 GCB DTF LCSD for HBN 2321:7 VC-I0/2161j 69480 05/02/2012 09:36 XGC2161 306 DTF iniet:Fish-We8 1 31201289901 05/02/2012 1021 X302161 308 OW Inlet Fish-Well 2 31201289002 05/02/2012 10:39 KGC2161 308 DTP Inlet Fish-VVell 3 31201289003 0510212012 10:47 X302181 GCS DIV- tratre Date. eteteliaettDD1 !SRO Business Drive,.Wiiminozor1 NC28405 jeenetegeem Member of SGS Group 37 28 of 32 rittinethect Blank Blank ID MB for HUN 23217 VGC/2151) Blank Lab ID' 69478 QC for Samples 31201289001, 31201289002, 31201289003 Resuirs by R8K-179 Matrix Water - XI Parameter Result Duel DL LOD/DL Units DP Dissolved Methan ND U 2.60 710 ug/L 'Batch Information inc: 8,7T.Ch' -A0C2161 AriSiS111(>;L Melhoo: RS11- tr.:sm.:moot; 008 Arraist. 012 AnoWtical Dotefloao. 2212012 D:20.0CAM- P000 EoDat XGC2111 Prop DliDOLLI: 281-178 Prep DelerDole. 9/2/2012 9:20:0DAN8 Prop inDiat D/1.117Of. 10 oit. Prep EolcadVot 10 not. 96r.: Dole NJIDR:2()":1 5500Businns,brive,Wilmingron, N928405 .„119,399...19039910350.19.92 wrotosists.con_ Member-of SGS GtarEl 38 29 of 32 'Blank Spike Summary Blank Spike ID: LCS for HEN Blank Spike Lab ID: 5947S Date Analyzed: 0510212012 23217 9(6012151] Spike Duplicate ID: LCSD for kIBN 23217 [XGC121612 Spike Duplicate Lab ID: 644a0 09:28 Date Analyzed: 051022012 09:35 Matrix: Water QC tor Samples: 31201289001. 31201289002, 31201289003 Results by RSKiiirl 76 • Parameter - Dissolved Methane ilElateh information r• • • lEiEEEGIG5 ElEstcri GE7C2152 •ETE2,E;ftytiGE5E4r7thc5: PSEGETE I:win:m:72E7 GCE GGE7277.5 GTE 5G2 Gave EGEGG/2212 Blank Spike (ug/L) Spike Duplicate (ug/L) &kick Rkskii Reo (%) Stkiik Reef: keel%) a57 354 85 257 2E5 88 70.5 125) 550 kilkti 8k.. • 3.6 20.00 Prep Est5c2 X3C21E1 Prep EEcErGEG 5EE.E7-175 Pre GEO,21Eint 05102125812 0323 so:Re ror.,N( mi. 1:707-E7E -AG 1 LE Ent Dope inE ;VG 15 mc EcEraci GE,2, io ;EEL ECC :08,58(2)) 42 5500 BusinesE Diive,MmiEpton, NC 28405 tEEE.0.3.5.02903.193.04.5.k..7.5P—EaAMESSGIG. Member at SG; Gm; 39 30 of 32 SG$- ENT: SGS - AIC CONTACT: Julie Shuiaway SGS Environmental Services Inc. CHA T OF CUSTOM/ RECORD PHONE NO: 907- 563 -2343 PROJECT: 1121387 SITE. /PWSIDY: REPORTS TO: Julie Shuaway E -MAIL: INVOICE T LAD NO. Alaska Nntion kit cy New Vork North Carolina Ohio West Virgin 4W.nN.(i$$1 SCO .shumvia QUOTE #; 1121387 AfATRI J t twxi SAMPLE IDI3NTIFICITICIN DATE TIME MATRIX 0 i " °*"•e °' (YLIt— Intel. Flsh -Well 1 04126112 1225 Water 3. GRA Inlet Fish -Weil 2 04126112 1320 Water 3 GRA Inlet Fish -Well 3 04)26112 1140 Water 3 GRA REMARKS! LOC ID 1121307001 1121387002 1121387003 r d1 R.: 4/30/2012 Ey: (2) Rakoyuished Ily: (3) Relinquisha m N 91 200 W. Roller Drina An 0 5500 11tLiius_ Dri e JS' Ttte l'hn� Reeei.cd Sy: rmc It&eeel13, 7irne Received ey. Tune jFO c' ivcd Far t DOLL i'rrj Cooler Rd 03l hen Its i utnn Multi Tigre and -or Sphcial lasuuetimts: g Tel: 007)562.7343 Fax: (907 561 -5 7DSCci: (9f 0) 350 -1904 Fax: (91O 350 -1357 h io: / /eAw snscom[ terms and cond °ions. tm alory B}': Saraipdes Reecit'ed CoIJ'.el Cooler 1/0 T er!marOur C odq Scal; (Circle) IROKEN ABSENT Fo3tGcS_4'OC electronic AR tev aahan2008 0 833 North Arnarice inc. Samute Receipt Checklist (SRC) Client S S -AK 1, Y. Shipped Hand Delivered 2, X COC present on Receipt NoCCC ukdditional Transmittal Forms X Custody Tape on Container _ No Custody Tape 4. X Samples intact. Samples Broken / Leaking. N Work Order No.: 5_ X Chilled on Receipt Actual Ternp.Qs) in °C: 5.4 Ambient. on Receipt Walk -in on Ice; Coming down to temp. Received Outside of Temperature Specific ations 6 X Sufficient Sample Submitted Insufficient Sample Submitted rine absent HNO3 <2 HCL <2 Additional rPresenatvv s mitred (,see no 8, X Received Within Holding Time Not Received Within Holding Time S. X No Discrepancies Noted Discrepancies Noted NCDEI R notified of Desceepancies` 10. X No Headspece present in VOC vials Headspace present in VC's;.. vials>6min Comments: inspected and Logged in b Date: T ue- 511/12 00:00 32 of 32 "NCD_NR must b ified when collection, holding time ar preservation requirements are not met. MI_11.5 41 THIS PAGE IS INTENTIONALLY LEFT BLANK 42 September 26, 2012 Emails between Inlet Fish Producers and CINGSA regarding the high levels of dissolved methane in the water wells at the Inlet Fish plant site in Kenai Notes: 1) These emails were exchanged between Inlet Fish and CINGSA during May and June 2012. 2) in May of 2012 CINGSA provided to Inlet Fish the results of tests done on our Kenai plant's three water wells. These tests were done pursuant to a court order in CINGSA's eminent domain case. 3) We were surprised at the high levels of dissolved methane in our water wells. While not representing a health hazard, the amounts of dissolved methane appeared to be anomalous, so we requested information from CINGSA regarding the test results from the other wells that were tested. 4) CINGSA disclosed that the other 11 wells tested had negligible amounts of dissolved methane. Only one of them showed any methane at all, and that was at levels that were 50 times less than the amount in Well 1 on the Inlet Fish property. 5) When queried regarding any possible explanations for the high incidence of methane in the well water on the Inlet Fish property, CINGSA's only creative response was that it was probably caused by Inlet Fish's discarded fish waste, or other rotting matter in the Kenai River. CINGSA posits that the methane produced by fish waste "percolates naturally down through the ground ". (6) If there is any fish waste turning to methane in the Kenai River, it would be remarkable if that methane were to "percolate down through the ground ", as methane is lighter than water and would immediately rise to the surface atmosphere as it is being produced. It is a virtual impossibility that the gas could work its way 120 feet below the surface where it would then be part of our plant's water aquifer. It seems nothing short of ridiculous that CINGSA's scientists, engineers and lawyers would come up with such an absurd hypothesis for how the dissolved methane made its way into our plant's water aquifers. 6) It is much more likely that the source for the dissolved methane lies below our water aquifers, not above. And, according to our several experts with whom we have consulted on this subject, the KU 13 -8 abandoned well on our property may be acting as a vertical migration conduit for methane gas which is coming out of subsurface coal beds or possibly from the Sterling A, B, or C sands. - Vincent Goddard 43 From: Vincent Goddard <vince@inletfish,com> Date: May 26, 2012 7:59:21 PM AKDT To: Tom Arminski < tom .arminski@enstamaturaloas.com> Cc: Colleen Starring <Colleen.Starring C enstarnaturalgas corn> Subject: Water Well Test Results May 26, 2012 Dear Mr. Arminski: I have just received from you the letter dated May 18, 2012, and the Lab Data Report from SGS dated May 11, 2012. Even though your letter was dated May 18, it was actually post- marked on May 22 and received by us on May 24. I appreciate all of the information provided. I am especially interested in the results of the dissolved methane. As you know, the results for our three wells were Well 1 820 micrograms per liter Well 2 62 micrograms per liter Well 3 216 micrograms per liter I have looked at information on line, and it seems that these amounts of methane are not recognized as a significant health threat. Even the highest figure of 820 micrograms is actually 0.82 milligrams per liter, or just slightly less than 1 part per million (which certainly sounds a lot smaller). What appears somewhat anomalous to me is the wide disparity between the dissolved methane in our three wells. I know that you have recently tested a number of wells in the Kenai area that are associated with the Sterling C reservoir. I would like to know the test figures for all of the wells tested under the testing program required by Judge Bauman. It is possible that this information may be considered confidential, so I do not need to know the test figures for each property, or know which property was tested. Here is the simple information that I would like to review: • Total number of wells or water sources tested • Test results for every well, presented from lowest to highest in micrograms per liter. For our three wells, the information would be presented as follows: 62, 216, 820 Assuming, for example, that other test results might be 342, 27, 75, 42, and 761, you would present our numbers combined with the others in the following format: 27, 42, 62, 75, 216, 342, 761, 820 44 I am hoping that you will agree to provide this information and that we can receive it within the next several days. I will look forward to your response. Thanks and regards, Vincent Goddard Inlet Fish Producers, Inc. Wild Pacific Salmon, Inc. Kenai, Alaska 45 On Jun 4, 2012, at 4:56 PM, Matthew T. Findley wrote: r Mike, i have reviewed Vince Goddard's e -mail of May 26 to Tom Arminski asking for information regarding CINGSA's recent well testing per order of the court in CINGSA v. RJ.R. Nabisco Realty, Inc,; et al., Case No. 3 KN -11 -252 CL (The e -mail is pasted below for reference). As an initial matter, CINGSA has previously requested that all requests for data and information be routed through counsel to avoid confusion and multiple points of contact. Contacting me directly with all requests will reduce CINGSA's response time and make the process easier for all involved. In 2011, the court ordered CINGSA "to conduct testing for methane and hydrocarbon by- products in water wells in the CINGSA storage area." The court explained that its intent "was to establish baseline data readings for water quality and hydrocarbons." The court further explained that "[t]the results of the 2011 testing should be made available to all homeowners and interested parties in the area." Consistent with this order, CINGSA provided you with the test results for the wells on your rental property by letter dated May 18, 2012. You have now requested that CINGSA provide the test results for all wells from this 2011 . You are correct that there would be concerns regarding specific test figures for each property and naming each property tested. Recognizing this, you ask for the total number of wells tested and the test results for each well. CINGA will provide this general information per your request: CINGSA tested 14 wells_. Of these wells, 4 had readings for methane levels (three of which are the wells on Mr. Goddard's rental property). The other well was tested several times and the readings were 12, 15, and 17.6 micrograms /liter (all the same source), Best Regards, Matt Matt Findley JAshburn 8:, Mason, P.c.L] 1227 W. 9th Ave. Ste. 200 'Li Anchorage, AK 99501 LI (907) 276 -4331 (voice) D(907) 277 -8235 (fax) 46 From: Vincent Goddard [mailto:vince @inletfish.com] ❑ Sent: Monday, June 04, 2012 6:47 PM❑ To: Matthew T. Findley❑ Cc: 'Michael Stehle'; Tom Arminski'; Richard Gentges; 'Ed Scarpace'; John Lau; 'Dawn Bishop - Kleweno'; Colleen Starring; Rebecca A. Windt❑ Subject: Re: CINGSA Water Well Testing Results Request Matt: Thank you for sending these results. Several notes about this infocuration. that you have provided: When there is no reading for dissolved methane it means that it is under 2.6 micrograms per liter (per the labs "DL" figure which means "Detection Level "). The one well other than our property that had a detectable level of dissolved methane averaged 14.9 micrograms. So if we were to list the 14 wells in the order of lowest reading to highest, as was our request, we would eet: JDW 1 <2.6 ND JDW 2 < 2.6 ND JDW3 <2.6 ND JDW 4 < 2.6 ND JDW 5 <2.6 ND JDW 6 <2.6 ND JDW 7 <2.6 ND JDW 8 <2.6 ND JDW 9 < 2.6 ND JDW 10 <2.6 ND JDW 11 15 IFP -W2 62 IFP -W3 216 IFP-W1 820 That makes a very impressive list of numbers. 1 do have two major followup questions which I am directing to you and you can ask CINGSA representatives to respond through you. Can anyone copied on this email provide a logical explanation for why the dissolved methane in our wells is so high other than the apparent fact that KU 13 -8 slowly leaks gas all the way to the level of our water aquifers which are only 120 -140 feet below the surface? (We accept the materials balance analysis which indicates that no major amount of gas has escaped via the KU 13 -8 conduit. But the materials balance analysis cannot detect small ongoing leaks - see the history of the Playa del Rey field as an example.) This is a serious question and I hope that CINGSA can provide a logical and persuasive response. Please explain to me the range of possible reasons for these high readings in our water supply other than its close proximity to the KU 13 -8 well. For example, if it 47 could possibly be related to biogenic methane from coal beds below our plant, please explain the geology that would allow the reading to be so high in our water and negligible elsewhere. (CINGSA has a very good understanding of our subterranean geology and if they believe that biogenic gas is the reason for our high readings, please provide the specific facts of local geology which would support that viewpoint.) A further practical question: Will CINGSA assist us in making an assessment of soil gas readings on our property? We assume that if our well water has high levels of methane, the soil near the well would also have high readings. We are inviting you to lead the assessment, as both CINGSA and Enstar have considerable expertise and equipment available. In view of these somewhat staggering test figures, I am sure you agree that it is in CINGSAs best interest to assist us to figure out what sort of problems we may already have on our property that could be related to the KU 13 -8 well. So 1 hope that you can provide a serious and earnest response to these questions. And thank you for sending the information contained in your email today, which we very much appreciate. Best Regards, Vince Goddard 48 Frog: Matthew T. Findley cmtf @anchorlaw.com> Suiagect: RE: CINGSA Water Well Testing Results Request Date: June 6, 2012 6:23:14 AM HST To Michael Stehle <mstehle.stehlelaw @gmail.com> Cr: Vincent Goddard <vince @inletfish.com>, Tom Arminski < Tom. Arminski@enstarnaturalgas.com >, Richard Gentges <Richard.Gentges@cingsa.com>, Ed Scarpace <Ed.Scarpace @cingsa.com >, John Lau < John.Lau @enstarnaturalgas.com>, Dawn Bishop - Kleweno cDawn. Bishop- Kleweno@enstarnaturalgas.com >, Colleen Starring < Colleen. Starring @enstarnaturalgas.com >, Rebecca A. Windt <raw @anchorlaw.com >, Matthew 11 Findley <mff @anchoriaw.com> Mike, This e -mail responds to Vince Goddard's Monday June 4 e-mail. i. will. continue to address correspondence to you. until you provide written consent for .t'o'ur client to contact me directly. CINGSA has provided Mr. Goddard with the well. testing results and answered his questions consistent with the court's order in the condemnation matter. CINGSA will not engage in Mr. Goddard's speculation regarding the well testi.ne results beyond noting there are numerous explanations for the. trace .methane readings that have nothing to do with the KU 13 -8 well. Indeed, the other well that tested positive' for trace amounts of methane is nowhere near the KU 13 -8 well. Both the wells on Mr, Goddard's rental property and the other well that tested positive are near the Kenai Rivet. The river is likely a rich source of dissolved methane — anything organic ultimately gives off methane as it decor poses; the river has lots of material in it that is decomposing on a continuous basis. This could he a source as h percolates naturally down through the ground. Also, as has been related to CINGSA representatives, Mr. Goddard grinds up fish carcasses at his plant and dumps them back into the river, its anyone's guess what the groundwater flow direction. is under Mr. Goddard's facilities, but numerous aspects ()fills processing operations and waste disposal could be the source of the dissolved gas. CINGSA further declines to en..aage in soils testing on Mr, Goddard's rental property. There has been no demonstrated need for this testing and the trace amounts of methane in the water wells on the rental property do not by themselves change this analysis. Further, it is very possible there is soil contamination due to Mr. Goddard's processing operations and CINGSA has no obligations to address these issues. Best Regards, Matt Matt Findley '__lAshburn t Mason, P.C.21227 W. 9th Ave. Ste. 200 ❑Anchorage. AK 99501 11(907) 276 -4331 (voice) 1(907) 277 -8235 (fax) 49 THIS PAGE IS INTENTIONALLY LEFT BLANK 50 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2651 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WANING CERTAIN LEASING PROVISIONS IMPOSED BY KENAI MUNICIPAL CODE SECTIONS 21.10.100, 21.10.170, AND 21.10.090; DETERMINING THE LEASE TERM; AND APPROVING THE FORM OF LEASE WITH RESPECT TO LOT 7A -1, BLOCK 2, FBO SUBDIVISION, LOCATED WITHIN THE AIRPORT RESERVE, TO THE FEDERAL AVIATION ADMINISTRATION FOR THE USE OF AN AUTOMATED FLIGHT SERVICE STATION. WHEREAS, in 1983, . when the Federal Aviation Administration (FAA) decided to decommission flight service stations around the state, the City of Kenai submitted a proposal for an automated flight service station to be constructed by the City and located in Kenai on Lot 7A -1, Block 2, FBO Subdivision; and, WHEREAS, on June 10, 1983, the Federal Aviation Administration (FAA) entered into a lease with the City for the Automated Flight Service Station (AFSS) for an annual rent of $1.00 per year and providing for twenty, one -year extensions to September 30, 2027 under the same terms; and, WHEREAS, on. May 6, 2010, the City submitted a lease proposal that was subsequently accepted by the FAA and that was based on an independent appraisal that analyzed the City -owned office space and property for the purpose of estimating market rent and which determined a lease rate of $10,000.00 per month; and, WHEREAS, on February 8, 2012, the FAA submitted the proposed lease on its Standard Space Lease Form which includes rent in the amount of $10,000.00 per month for a term of ten (10) years as well as the requirement that the City meet all Architectural Barriers Act Accessibility (ABAAS) requirements within twelve (12) months; and, WHEREAS, pursuant to KMC 21.10.100, 21.10.160, and 21.10.170, the rental rate for land within the Airport Reserve shall be dete, wined by a zone -based square foot lease rate, which values lease lots as -if vacant with no consideration of existing buildings; and, WHEREAS, pursuant to KMC 21.10.090, the length of term for a lease granted for land within the Airport Reserve shall be based on the amount of investment the applicant proposes unless the City determines a shorter lease term is in the best interest of the City; and, WHEREAS, pursuant to KMC 21.10.150(b), the City Manager may deviate from the standard lease form adopted under Code, if the Manager believes the action is in the best interest of the City and the form is approved by the City Attorney; and, New Text Underlined DELETED TEXT BRACKETED] 51 Ordinance No. 2651 -2012 Page 2 of 2 WHEREAS, the City Manager believes that rent in the amount of $10,000.00 per month for a term of ten (10) years as proposed on the FAA's Standard Space Lease Form is in the best interests of the City and the form has been approved by the City Attorney; and, WHEREAS, the Council of the City of Kenai finds that in this instance waiving the provisions of KMC 21.10.100, 21.10.170, and 21.10.090 is in the best interests of the City of Kenai; and, WHEREAS, the Council of the City of Kenai fords that rent in the amount of $10,000.00 per month for a term of ten (10) years as proposed on the FAA's Standard Space Lease Form is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Waiver of Ordinance Requirements: The Council of the City of Kenai waives the following leasing provisions of the Kenai Municipal Code as it applies to the lease of Lot 7A -1, Block 2, FBO subdivision, located within the Airport Reserve, to the FAA for the use of an automated flight service station only: KMC21.10.100, 21.10.170, and 21.10.090 with respect to rental rate determination, otherwise requiring the rental rate to be determined by a zone -based appraisal. Section 2. Determination of Lease Term. The Council of the City of Kenai determines that a ten (10) year lease term for Lot 7A -1, Block 2, FBO subdivision, located within the Airport Reserve, to the FAA for the use of an automated flight service station is in the best interests of the City. Section 3. Approval of Lease Form. The Council of the City of Kenai approves the Standard Space Lease From utilized by the FAA for the lease of Lot 7A -1, Block 2, FBO subdivision; located within the Airport Reserve, to the FAA for the use of an automated flight service station. PASSED BY THE COUNCIL OF THE CITY" OF KENAI, ALASKA this 3rd day of October, 2012. ATTEST: Sandra-Modigh -City- filerk- PAT PORTER, MAYOR Introduced: September 19, 2012 Adopted: October 3, 2012 Effective: November 3, 2012 Yew Text Underlined [DELETED TEXT BRACKETED) 52 "V llaye with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 O: TO: City Council FROM: Rick Koch, City Manager DATE: September 12, 2012 SUBJECT: Automated Flight Service Station Lease Ordinance No. 2651 -2012 1'IIL1 1992 The City has received a request for a renewal of the FAA's lease of the Automated Flight Service Station (AFSS). The FAA has leased this property for the purpose of operation the AFSS and SACOM facilities dating back to 1983, when the City first entered into a lease with the FAA for an annual rent of $1.00 per year. The attached lease proposal includes rent in the amount of $10,000.00 per month for a term of ten years as well as a requirement that the City meet all Architectural Barriers Act Accessibility (ABAAS) requirements within twelve months. The City Manager recommends Council approval of Ordinance 2651 -2012. The attached proposed lease as well as a draft copy of Ordinance No. 2651 -2012 is scheduled on the September 26 Planning Commission Agenda for review and comment. The Airport Commission has previously reviewed and discussed the lease with Administration. An informational copy will be provided in their next Commission packet. The reconunendations of the P & Z Commission will be forwarded to the City Council at its October 3 Council Meeting for consideration in conjunction with the public hearing on Ordinance No. 2651 -2012. Attachments 53 "l/illaye with a Past, Gi y with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Rick Koch, City Manager FROM.: Marilyn Kebschull, Planning Administration DATE: September 27, 2012 SUBJECT: Ordinance No. 2651 -2012 — Automated Flight Service Station Lease Lease Renewal -- Lot 7A -1, Block 2, FBO Subdivision No. 5 w.��chi 9111' 1992 At their meeting on September 26th, the Planning and Zoning Commission reviewed Ordinance No. 2651 -2012 and the lease renewal for the Automated Flight Service Station. As is required under Kenai Municipal. Code, I reviewed the application to determine if the lease conforms to the Airport Layout Plan (ALP), Comprehensive Plan, zoning, and future airport projects. Based on my review, 1 found that the lease conforms to the ALP, Comprehensive Plan, zoning, and that there are no future airport projects planned for the property. A copy of the review is attached. The Commission voted unanimously to support the lease renewal but recommended the draft lease be further reviewed to ensure the lease correctly identifies which services and utilities the lessor will be responsible to provide. Specifically, it appears there may be inconsistency between Page 2, Item 6 of the lease and Page 4, Item B4 of Attachment A. Attachment ci 54 "f4iflaye with a Past, Gc with a Future it a4 u.�IfnIom t lll�l 1992 MFMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: September 18, 2012 SUBJECT: Lease Renewal — Lot 7A -1, Block 2, FBO Subdivision No. 5 Federal Aviation Administration (FAA) The City has received a request for a renewal of the FAA's lease of the Automated Flight Service Station (AFSS). Under KMC 21.10.080 lease amendments or renewals are subject to the requirements of KMC 21.10.070. The code requires the City Planner to review the application for conformance with the Airport Land Use Plan (ALP), Comprehensive Plan, municipal zoning, and future airport improvement projects and requires referral of the application to the Planning and Zoning Commission for review and comment. This property is located at 470 North Willow Street and is located in the Airport Reserve. Airport Land Use Plan — The ALP was approved in July, 2009. On sheet 13 of the plan, the property is identified as "Aviation Related Activities." Sheet 14 of the approved ALP, identifies the parcel as " Aviation Support." The Supplemental Plan defines Aviation Support /Governmental as, '`Areas used by government activities required for the operation and maintenance of the airport and air navigation such as the air traffic control tower, flight service station, airport maintenance facilities, airport rescue and fire fighting, and airport storage areas." The proposed uses conform to the ALP. ➢ Comprehensive Plan— The City of Kenai Comprehensive Land Use Plan identifies this area as Airport Industrial. The Airport Industrial area is defined as, "The Airport Industrial district identifies airport lands reserved for the Kenai Municipal Airport and its future expansion, and tracts needed for present and future aviation - related uses and activities. The proposed uses conform to the Comprehensive Plan. 55 Lease Renewal — Lot 7A -1, Block 2, F13O Subdivision No. 5 Federal Aviation Administration (FAA) Page 2 Zoning —The property is zoned IL — Light Industrial. Airports and related uses are permitted within the zone. Airport Improvement Projects — There are no airport improvement projects planned for this property. Based on the information provided in the amended lease application, the proposed lease conforms to the ALP, Comprehensive Plan, and Zoning. In Ordinance No. 2651 -2012, the City Manager is recommending a deviation from the requirements of the municipal code under Title 21 which identifies provisions for lease rates and terms. The City Manager is proposing to renew the FAA's lease for a period of 10 years for the lease rate of $ 10,000 per month. The City Manager has asked the Commission to review the proposed lease amendment. Attached for your review are Ordinance No. 2651 -2012 and the attachments. The Commission's comments will be forwarded to City Council at their meeting on October 3, 2012. cc: Mary Bondurant, Airport Manager U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION LEASE for Real Property Lease No: DTFAWN- 13 - L - 00002 Geographical Location: Kenai, Alaska 99611 Section 1- SPACE LEASE: I. THIS LEASE, entered into by and between the City of Kenai whose interest in the property hereinafter described is that of owner, hereby referred to as LESSOR, and the United States of America, hereinafter referred to as the GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION - The Lessor hereby leases to the FAA the following described premises: 7A -1, Block 2 FB0 Subdivision No. 5, according to Plat No. 92 -60, in the Kenai Recording District, Third Judicial District, State of Alaska. Comprising more or less 3.445 acres, and a 3.214 acre building restriction dear zone easement, which will be utilized for the Automated Flight Service Station (AFSS) building which contains 10,812 square feet of space, and Satellite Communications Center (SACOM) Facilities at 470 North Willow Street, Kenai, Alaska, 3. TERM - To have and to hold, for the term commencing on October 1, 2012 and . continuing through September 30, 2022 inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. This lease succeeds lease number DTFAAL -08 -L- 00001, which expires on September 30, 2012. 4. CANCELLATION - The GOVERNMENT may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government, on or after December 31, 2012 by giving at least 120 -day's notice in writing to the Lessor. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. RENTAL - Rent in the amount of $10.000.00 per month shall be payable to the Lessor in arrears and will be due on the first workday of each month without the submission of invoices or vouchers, Subject to available appropriations. Rent shall be considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month shall be prorated. Checks will be made payable to: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7750 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -I3 -L -00002 OMB Control No. 2120 -0595 - - Page 1 of 16 57 6. SERVICES AND UTILITIES (To be provided by Lessor as part of rent. Services shall. be Building Standard, unless level of service is prescribed elsewhere in the lease.) Services, utilities, and maintenance will be provided daily, extending from 6 a.m. to 6 p.m. except Saturday, Sunday, and Federal holidays. Services supplied to technical equipment shall be supplied 24 hours a day, and seven days a week. The GOVERNMENT shall have access to the leased premises at all times, including the use of electrical services, toilets, lights, elevators, and GOVERNMENT office machines without additional payment. HEAT ONLY 72 DEG ELECTRICITY SPECIAL POWER — NOTED BELOW WATER (hot & cold) SNOW REMOVAL TRASH REMOVAL CHILLED DRINKING WATER FIVAC -68 -72 DEG. F DAILY TOILET SUPPLIES & CLEANING DAILY JANITORIAL SERV. & SUPPLIES GROUND MAINTENANCE WINDOW WASHING — Frequency twice yearly CARPET CLEANING — Frequency every 3 years INITIAI. & REPLACEMENT LAMPS, TUBES, & BALLASTS PAINTING — Frequency (5) five years Space Frequency (10) ten years Public Areas OTHER (SPECIFY) parking lot stripping (3) three years Section 2 - GENERAL CLAUSES: 7A. INSPECTION (10196) - The GOVERNMENT reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the GOVERNMENT tenants and the Lessor's performance under this lease. The GOVERNMENT shall have the right to perfo in sampling of suspected hazardous conditions. 7B. DAMAGE BY FIRE OR OTHER CASUALTY (10 /96) - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased premises is witenantable as determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due. 7C. MAINTENANCE OF THE PREMISES (10196) - The Lessor shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. 2.6.8 Standard Space Lease Form April 2010 OMB Control No. 2120 -0595 58 KENAI DTFA WN -13 -L -00002 Page 2of16 The lessor shall recoat /replace the roof in 2013, and recoat every ten years thereafter. 7D. FAILURE IN PERFORMANCE (10/96) - In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the GOVERNMENT may perform the service, provide the item, or meet the requirement, either directly or through a contract. The GOVERNMENT may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute default by the GOVERNMENT on this lease, 7E. DEFAULT BY LESSOR (10/96) - (1) Each of the following shall constitute a default by Lessor under this lease: (a) If the Lessor fails to perform the work required to deliver the leased premises ready for occupancy by the GOVERNMENT with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time. (b) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as specified by the Real Estate Contracting Officer, following Lessor's receipt of written notice thereof from the Real Estate Contracting Officer. (c) Repeated failure by the Lessor to comply with one or more requirements of this lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause. (2) If default occurs, the GOVERNMENT may, by written notice to the Lessor, terminate the lease in whole or in part. 7F. COMPLIANCE WITH APPLICABLE LAWS (10/96) - The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or lessor, or both, of building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. This lease shall be governed by Federal iaw. 70. ACCEPTANCE OF SPACE (8/02) — This property is presently being leased and occupied by the Government. This lease supersedes lease agreement DTFAAL -08 -L- 00001. For the purposes of this lease the Government accepts the premises for occupancy, contingent upon all ABAAS requirements being met within twelve (12) months of the commencement date of this Lease, or earlier. 7H.. ALTERATIONS (1.0/96) - The GOVERNMENT shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remains the property of the GOVERNMENT and may be removed or otherwise disposed of by the GOVERNMENT 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 0M13 Control No. 2120 -0595 Page 3 of 16 59 subject to the Lessor's approval nott to he umreasonably withheld, The Parties hereto mutually agreed and understood, that no restoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that the GOVERNMENT shall have the option of abandoning alterations in place, when terminating the lease, at no additional cost. 71. ACCESSIBILITY (10/06) - The Building and the leased premises shall be accessible to persons with disabilities pursuant to the Architectural Barriers Act and Rehabilitation Act as detailed in the Architectural Barriers Act Accessibility Standards (ABAAS) 41. CFR. Parts 102 -71, 102 -72, et.al and all applicable state and local accessibility laws and regulations. 7J. CHANGES (8/02) (I) The Real Estate Contracting Officer may at any tine, by written order, make changes within the general scope of this lease in any one or more of the following: Worlc or services; Facilities or space layout; or Amount of space, provided the Lessor consents to the change. (2) If any such change causes an increase or decrease in Lessor's cost of or the time required for performance under this lease, whether or not changed by the order, the Real Estate Contracting Officer shall modify this lease to provide for one or more of the following: An equitable adjustment in the rental rate; A lump sum equitable adjustment; or An equitable adjustment of the annual operating costs per Occupiable square foot specified in the SFO. (3) The Lessor shall assert its right to an adjustment under this clause within 30 days from the date of receipt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Protest and Disputes clause. However, nothing in this clause shall excuse the Lessor from proceeding with the change as directed. (4) Absent such written change order, the Government shall not be liable to Lessor under this clause. 7K. OFFICIALS NOT TO BENEFIT (10/96) - No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general, benefit. 7L. COVENANT AGAINST CONTINGENT FEES (8/02) - The Lessor wan-ants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the GOVERNMENT shall have the right to 2.6.8 Standard Space Lease Form KENA1 April 2010 .. DTFAWN -13 -L -00002 OMB Control No. 2120.0595 60 Page 4 of 16 annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. 7M. ANTI- KICKBACK (10/96) - The Anti- Kickback Act of 1986 (41 U.S.C. 51 -58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 7N1.. CONTRACT DISPUTES (11/03) (a) All contract disputes and arising under or related to this lease contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by ref rence. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A Lessor may seek review of a final FAA decision only after its administrative remedies have been exhausted. (b) All Contract Disputes shall be in writing and shall he filed at the following address: Office of Dispute Resolution for Acquisition, AGC -70, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 323, Washington, DC 20591, Telephone: (202) 267 -3290, Facsimile: (202) 267 -3720 (c) A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. 7N2. PROTEST (11/03) (a) Protests concerning Federal Aviation Administration Screening Information Requests (SIRS) or awards of lease contracts shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 1 7, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFA'N -13 -L- 00002' OMB Control No. 2120 -0595 Page 5 of 16 61 (h) Offerors initially should attempt to resolve any issues concerning potential protests with the Real Estate Contracting Officer (RECO). (c) Protests shall be in writing and shall be filed at: Office of Dispute Resolution for Acquisition, AGC -70, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 323, Washington, DC 20591, Telephone: (202) 267 -3290, Facsimile: (202) 267 -3720 (1) At the same time as filing the protest with the ODRA, the protestor shall serve a copy of the protest on the Real Estate Contracting Officer (RECO). (2) (d) A protest is considered to be filed on the date it is received by the ODRA and shall be filed: (1) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or (ii) If the protester has requested a post -award debriefing from the RECO, not later than five (5) business days after the date on which the RECO holds that debriefing. The full text of the Protest clause is incorporated by reference. Upon request the full text will be provided by the RECO. 70. EXAMINATION OF RECORDS (8/02) - The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 7P1 - PAYMENT BY ELECTRONIC FUND TRANSFER (OCT -06): (a) Method of payment. 1. All payments by the Government under this contract will be made by electronic funds transfer (EFT), except as provided in paragraph (a) (2) or (a) (3) of this lease. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. Payment information transfer refers to the payment information normally sent with a payment to assist the contractor in associating the payment to specific contracts. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 Page 6 of 16 62 2. In the event the Government is unable to release one or more payments by EFT, the Conn-actor agrees to either; a. Accept payment by check or b. Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). 3. In the event that the Contractor is granted a waiver from EFT under the exceptions as provided for in FAA AMS Section T3.3.1.A -7, the Government payments will be made by check. A waiver from EFT is not permanent, and the Contractor must register for EFT when the circumstances that justified the waiver change. (b) Contractor's EFT info Ovation. The Government will make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor will be responsible for providing the updated information to the CCR database (Reference Clause, "Central Contractor Registration - Real. Property "). if the Contractor is granted an exemption from CCR, the contractor will follow the requirements of alternate clause "Contractor Payment Information - Non, CCR ". (c) lvlechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. (d) Suspension of payment. If the Contractor's EFT information in the CCR database is incon-ect, then the Government is not required to make payments to the Contractor under this contract until correct EFT information is entered into the CCR database, and any invoice or contract financing request submitted during this period of noncompliance will be deemed not to be a proper invoice for the purpose of prompt payment under this contract. In such instances, the late interest payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) Liability for incomplete or erroneous transfers. 1. If an incomplete or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for, 2.6.8 Standard Space Lease Form KENAI April 2010 DTFA WN- 13- L-00002 OMB Control No. 2120.0595 Page 7 of 16 63 (1) Making a correct payment; (ii) Paying any late payment penalty due; and (iii) Recovering any erroneously directed funds. 2 If an incomplete or erroneous transfer occurs because the Contractor's EFT infonnation was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and, (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government will make payment under the provisions of paragraph (d)) "Suspension of Payment ". (f) EFT and payment terms. A payment will be deemed to have been made in a. timely manner in accordance with the payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contact, as provided for in the assignment of claims terms of this contract, the Contractor will require that the assignee register separately in the CCR database and that the assignee agree that payments will be made by EFT in accordance with the terms of this clause. The requirements of this clause will apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor or the CCR registered assignee is incorrect EFT information within the meaning of paragraph (d) "Suspension of Payment" clause. (h) EFT and Change of Name or Ownership Changes. If the Contractor transfers ownership of the property under lease or changes its business name, it will follow the requirements of section (g) of clause, "Central Contractor Registration - Real Property". (i) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN-13-L-00002 OMB Control No. 2120 -0595 64 Page 8 of 16 (j) Payment information. The accounting office will forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment infonnation from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use time format and delivery method most convenient to the Government. The Contractor can obtain detailed payment information by registering for the US Treasury PAID system. This can he done on the internet by logging onto the website: 1- s, /fmsanps.treas.gov /paid /. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government will mail the payment information to the remittance address contained in the contract and CCR database. 7P2 - CENTRAL CONTRACTOR REGISTRATION - REAL PROPERTY (OCT -06) The FAA uses the Central Contractor Registration (CCR) system as the primary means to maintain Contractor information required for payment under any FAA contract. (a) Definitions. As used in this clause for: (1) "Central Contractor Registration (CCR) database" means the primary Govermnent repository for Contractor information required for the conduct of business with the Government. (2) "Contractor" is synonymous with "Lessor" for real property leases or other contracts (3) "Data Universal. Numbering System (DUNS) number" means the 9 -digit number assigned by Dun and Bradstreet, Inc. (D &B) to identify unique business entities. (4) "Data Universal Numbering System +4 (DUNS*4) number" means the DUNS number assigned by D &B plus a 4- character suffix that may be assigned by a business concern. (D &B has no affiliation with this 4- character suffix.) This 4- character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern. (5) "Registered in the CCR database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS +4 number, into the CCR database. (h) By submission of an offer, the offeror acknowledges that: (1) A prospective awardee will be registered in the CCR database prior to award, during performance, and through final payment. (2) The offeror will enter, in the space provided on the clause, Contractor Identification Number Data Universal Numbering System (DUNS) Number - 2.6.8 Standard Space Lease Form KENAI April 2010 -- DTFAWN -13 -L -00002 OMB Control No. 2120-0595 Page 9 of 16 65 Real Propertyi, the offerors DUNS or DUNS-h4 number that identifies the offerors name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it will contact Dun and Bradstreet directly to obtain one (1) An offeror may obtain a DUNS number: (i) If located within the United States, by calling Dun and Bradstreet at 1 -866- 705 -5711 or via the Internet at http: / /www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun. and Bradstreet office. (2) The offeror will be prepared to provide the following information: (i) Company* legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer /key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). * Individual (non - corporate) Lessors of real property that are not normally in the business of leasing real. property: You should consider your leasing to the Government as a separate business (usually a sole proprietorship) then provide the pertinent ownership information as an sole proprietor when providing this information to Dunn & Bradstreet. (d) If an otherwise successful Offeror does not become registered in the CCR. database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered Offeror, if the Contracting Officer determines it to be in the best interests of the Government. (e) Processing time, normally 48 hours, will be taken into consideration when registering. Offerors who are not registered will consider applying for registration immediately upon receipt of this solicitation. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 OMB Control No, 2120 -0595 66 Page 10 of 16 (t) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data,. To remain registered in the CCR database the Contractor is required to review and update, on an annual basis from the date of initial registration or subsequent updates, its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) Changes (1) Name or Ownership Changes (i) If a. Contractor has legally changed its business name, "doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, the Contractor will provide the responsible Contracting Officer a minimum of one business days written notification of its intention to: a) Change the name in the CCR database; b) Agree in writing to the timeline and procedures the Contracting Officer specifies to document the requested change in the contract. With notification, the Contractor will provide sufficient documentation to support the legally changed name then execute the appropriate supplemental agreement to document the name change provided by the Contracting Officer. (ii) The Contractor's entry of the name /ownership change in CCR does not relieve the Contractor of responsibility to provide proper notice of the name change to the Contracting Officer. The change in CCR cannot be made effective until the appropriate documentation/ supplemental agreement is executed by the Contracting Officer. Any discrepancy in payee information in CCR caused by a failure to fulfill the requirements specified in paragraph (g)(1) (i) above, will result in a. discrepancy that is incorrect information, within the meaning of paragraph (d) Suspension of Payment of the electronic funds transfer (EFT) clause of this contract. (2) Assignment of Claims. The Contractor will not change the name or address for EFT payments in the CCR or manual payments to reflect an assignee. Assignees must separately register in the CCR database. The Contractor will notify the Contracting Officer and will comply with the instructions for submitting an Assignment of Claims notification. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor, without proper notice to the Contracting Officer, will be considered to be incorrect information within the meaning of the paragraph (d) "Suspension of payment" of the EFT clause of this contract. 2.6.8 Standard Space Lease Form KENAI Apil 2010 DTFA W N -13 -L -00002 OMB Control No 2120 -0595 Page 11 of 16 67 (h) Exceptions to CCR. As provided for in AMS Procurement Toolbox Section T3.3.1 .A -8, "Central Contractor Registration ", certain contractors may qualify by limited exceptions to CCR waiver. If a contractor is determined by the Contracting Officer to merit justification of a waiver from CCR, then the contractor will provide initial payment information and any future vendor information changes to the Contracting Officer on the "Vendor Miscellaneous Payment Information" form, provided by the Contracting Officer. An alternate clause, "Contractor Payment Information -Non CCR" will be included in the contract and the lessor /vendor will comply with the terms of that clause. Having an exception from CCR does not excuse a vendor from EFT payment requirements, as required in the clause, "Payment by Electronic Fund Transfer - Real Property". (i) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http: / /www.ecr.cov or by calling 1- 888 -227- 2423, or 269 -961 -5757. 7P3 - CONTRACTOR. IDENTIFICATION NUMBER - DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER - REAL PROPERTY (OCT 2006) (a) Definitions. As used in this clause "Contractor Identification Number," as used in this provision, means "Data Universal Numbering System (DUNS) number, which is a nine -digit number assigned by Dun and Bradstreet Information Services, to identify unique business entities (taken from CCR clause) "Data Universal Numbering System 4-4 (DUNS +4) number" means the DUNS number assigned by D &B plus a 4- character suffix that may he assigned by a business concern. (D &B has no affiliation with this 4- character suffix.) This 4- character suffix may be assigned at the discretion of the business concern to establish. additional CCR records for identifying alternative Electronic Fund Transfer. (b) Contractor identification is essential for receiving payment and complying with statutory contract reporting requirements. Therefore, the offeror will provide its DUNS or DUNS +4 number below. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. DUNS OR DUNS +4 NUMBER: 002174159 (c) If the offeror does not have a DUNS number, he should contact Dun and Bradstreet at 1-866-705-5711, or via the interne at http: / /www.dnb.com directly to obtain one. Detailed requirements for obtaining a DUNS number is contained in Paragraph (c) of clause "Central Contractor Registration -Real Property ". 7P4 CERTIFICATION OF REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION (CCR) (Oct -06) (a) In accordance with. clause, "Central Contractor Registration - Real .Property ", and by submission of this offer, the offeror certifies that they are registered in the CCR Database 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN-13-L-00002 OMB Control No 21.20 -0595 68 Page 12 of 16 and have entered all mandatory information including the DUNS or DUNS +4 Number required in clause, "Contractor Identification Number -Data Universal Numbering System (DUNS) Number - Real Property ". (b) / Signature of Offeror /Date 7Q. ASSIGNMENT OF CLAIMS (10/96) - Pursuant to the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the Lessor may assign his rights to be paid under this lease. 7R. SUBORDINATION, NONDISTRUBANCE AND ATTORNMENT (10/96) - The GOVERNMENT agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter unposed upon the premises, so long as such . subordination shall not interfere with any right of the GOVERNMENT under this lease. The Parties hereto mutually agreed that this subordination shall be self - operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the GOVERNMENT will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the GOVERNMENT and said purchasers /transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the GOVERNMENT; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 7S. LESSOR'S SUCCESSORS (10/96) - The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 7T. SUBLEASE (10/96) - The GOVERNMENT reserves the right to sublease the space covered under this lease to another agency or private party with written approval from the City of Kenai. If the City agrees to allow the FAA to sublease to another patty the GOVERNMENT is not relieved from its responsibilities under the terms of this lease, unless otherwise agreed upon with the Lessor. 7U. NO WAIVER (10/96) - No failure by the GOVERNMENT to insist upon strict performance of any provision of this lease, or failure to exercise any right, or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAW'N -1.3 -L -00002 OMB Control No. 2120 -0595 - Page 13 of 16 69 7V. INTEGRATED AGREEMENT (10/96) - This Lease, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this lease. 7W. EQUAL OPPORTUNITY (10/96) - The Lessor shall have on file affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60 -1 and 60 -2). 7X. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (10/96) - The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. if the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. 7Y, AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96) - The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 USC 793) (the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. 7Z. SEISMIC SAFETY FOR EXISTING BUILDINGS (1 /07) — Unless it is determined by the GOVERNMENT'S Contracting Officer that seismically conforming premises are not available, all existing buildings leased by the GOVERNMENT under this contract must meet the minimum acceptable performance seismic standard of `Life Safety as specified in Section 22 of Standards of Seismic Safety for Existing Federally Owned or Leased Buildings and Commentary issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP -6. RP -6 is available on -line at (http: // fire. nist. aov/ bfi -lpubs/build0l /PDF /h01056.pdf) and is available in print from the National Institute of Standards and Technology as NISTIR. 6762. All offers received in response to screening information request will be evaluated to determine whether they are in compliance with "Life Safety ". If at least one offeror is fully compliant, all offerors who are not fully compliant will be considered non- responsive and ineligible for award. in the event a building with a certification of seismic compliance is occupied by the GOVERNMENT and is later determined to not meet the standard indicated on the certification fonn, the GOVERNMENT at its discretion may require the Lessor to meet the agreed upon standard or may terminate this lease upon giving written notice, with no cost accruing to the GOVERNMENT, not withstanding any other agreements contained in this lease. (a) COMPLIANCE with LIFE SAFETY Buildings designed and constructed in compliance with the seismic requirements of the building codes delineated in Section 1.3.1 of RP -6 are considered to fully meet the GOVERNMENT'S minimum seismic requirement. The offeror shall 2.6.8 Standard Space Lease Form KENAI Apri12010 - DTFAWN-13-L-00002 OMB Control No. - 2720 -0595 70 Page 14 of 16 provide proof of compliance m the faun of a written certification by an independent licensed structural engineer that the building was desigmed, built and maintained to the requirements of RP -6. The structural engineer certification shall be in the forrnat of the enclosed CERTIFICATION OF SEISMIC COMPLIANCE. If the building cannot be certified in accordance with RP -6, the structural engineer must evaluate the building using the American Society for Civil Engineers (ASCE) 31 -03, Seismic Evaluation of Existing Buildings and attach the evaluation to the Certification of Seismic Compliance. Buildings meeting the requirements of ASCE 31 -03 using a safety objective of `Life Safety' are considered to meet tI.e GOVERNMENT'S requirement. (b) LESS THAN LIFE SAFETY Existing buildings, which cannot achieve Life safety, will require documentation by an independent licensed structural engineer to describe the actual level of seismic compliance. In the event a building with a certification of seismic compliance is occupied by the GOVERNMENT and is later determined to not meet the standard indicated on the certification form, the GOVERNMENT at its discretion may require the Lessor to meet the agreed upon standard or may terminate this lease upon giving written notice, with no cost accruing to the GOVERNMENT, not withstanding any other agreements contained in this lease. 7AA. LABOR STANDARDS (6/09) — By signing this lease, the Lessor certifies to the Real Estate Contracting Officer (RECO) that all laborers and mechanics employed or working upon the leased premises will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not Tess than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may he alleged to exist between the Lessor and such laborers and. mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(h)(2) of the Davis - Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (d) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period are deemed to be constructively made or incurred during such period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause titled "Apprentices, Trainees, and Helpers." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 Page 15 of 16 71 paragraph (b) of this clause) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Lessor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Section 3 - CLOSING NOTICES - All noticeslcon-espondence shall be in writing, reference the Lease number, and be addressed as follows: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 FEDERAL AVIATION ADM.ININSTRATION Real Estate and Utilities Group 1601 Lind Avenue SW Renton, Washington 98057 ATTACHMENTS - See herein attached - Attachment A IN WITNESS WHEREOF, the parties hereto have signed their names: 9a. NAME AND TITLE 19b. SIGNATURE OF OF OWNER(Type or Print) OWNER j9c. DATE THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 10a. NAME OF REAL 10b. SIGNATURE OF 110c. DATE ESTATE CONTRACTING 'REAL ESTATE I OFFICER(Tvpe or Print ICONTRACT1G OFFICER Damon McGruder i I I 2.6.8 Standard Space Lease Form April 2010 OMB Control No 2120 -0595 72 KENAI DTFAVVN -1.3 -L -00002 Page 16 of 1.6 ATTACHMENT A Lease No: DTFAWN -13 - L - 00002 I. SECTION A - GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS A. ] - Adhesives and Sealants (11/11) The Lessor shall use adhesives and sealants that contain no formaldehyde or heavy metals. A2- Ceilings (10/96) Must have acoustical treatment with a flare spread of 25 or less and smoke development rati of 50 or less. A3 -Doors (10/96) Exterior doors shall be weather tight, equipped with cylinder locks and door checks, automatic door closures and open outward.. The FAA will be furnished at least two master keys and two keys for each lock. Interior doors must be solid cord and at least 32 by 80 inches with a minimum opening of 32 inches and be of sturdy construction. Fire doors shall conform to NFPA Standard No. 80. As designated by the FAA, doors shall be equipped with non - removable hinge pins, and "Best" locks with 7 -pin removable cores. The FAA shall provide cores. A4 -Floor Load (8/02) All adjoining floor areas shall be 1) of a common level not varying more than 1/4 inch over a 10- foot, 0 -inch horizontal run in accordance with the American Concrete Institute standards, 2) non- slip, and 3) acceptable to the Real Estate Contracting Officer Under floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per square foot plus 20 pounds per square foot for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per square foot including moveable partitions. A report showing the floor load capacity, at no cost to the Government, by a registered professional engineer may be required by the Contracting Officer. A5- General Heal.th and Safety Standards (8/02) Local Health, Environmental (OSHA and EPA), and Safety Standards and Building Codes shall be complied with when accomplishing any cleaning, construction, renovation, remodeling, maintenance or testing done in the leased space and areas connected to or integrated with the leased space. Whenever FAA Standards require work processes or precautions to be provided, the Lessor shall coordinate with the FAA during the work so that proper requirements are met. A6 -HVAC (10/96) Heating, ventilation and air- conditioning systems are required which maintain a temperature range of 68 -72 degrees Fahrenheit year - round. These temperatures must be maintained 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN -13 -L- 00002 OMB Control No. 2120 -0595 Page 1 of 11 73 throughout the leased premises and service areas regardless of outside temperatures during hours of operation. For further information see ASHRAE standard ANSI/ ANSI/ASHRAE 62 -1999 - Ventilation for Acceptable Indoor Air Quality. A7- Lightinu (10/96) Modern, diffused, energy efficient (T -8 or better) fluorescent fixtures shall he provided maintaining a uniform lighting level of 50 foot candles at working surfaces. Emergency Iighting must provide at least 0.5 foot candles of illumination throughout the exit path, including exit access routes, exit stairways, or other routes such as passageways to the outside of the building. The Lessor shall replace all interior lighting fixtures as necessary within six (6) months of lease execution. Lessor will replace all interior lighting fixtures due to failure. AR Painting (8/02) Prior to occupancy all surfaces must be newly painted with non -lead based paints in colors acceptable to the FAA. All surfaces must be repainted after working hours at Lessor's expense at least every (5) five years. This includes moving and return of the furniture. Any existing lead based paint shall be properly maintained and managed per existing regulatory requirements. If there is flaking paint, it would need to be sampled for lead. If containing lead, it would need to be abated prior to occupancy. This could be done either by removal or sealing with an encapsulating material. A9- Parking (10/06) At no additional cost to the FAA, the Lessor shall provide 90 reserved off - street parking spaces located at the facility. The Lessor shall maintain the parking areas in good repair and provide snow and ice removal. The Lessor shall repaint parking lot markings, and repaint every three (3) years thereafter, beginning with lease execution. The Lessor shall be responsible for asphalt sealing of parking lot every six years, beginning with lease execution. Al 0- Prior Notification (8/02) A pre - construction meeting shall be held at the facility prior to the commencement of any cleaning, construction, renovation, remodeling, repair, maintenance or testing within the leased premises and areas connected to or integrated with the leased premises. If any items on the checklist are questionable or undone, full resolution of the issues will be expected before the project starts. The pre- constmction meeting will be planned, scheduled, and coordinated, with the Government's supervisor or manager responsible for the facility, at least one week before the execution of the work. 2.6.3 Attachment - A to Space Lease Kenai Revised January '2012 '' - DTFAWN -1 3 -L -00002 OMB Control No. 2120 -0595 74 Page 2 of 11 Al l - R.estrooms and Drinking Fountains (7/091 Separate toilet facilities for men and women shall be provided on each floor where the FAA leases space. Water closets and urinals shall not be visible when the exterior door is open. Each toilet room shall contain toilet paper dispensers, soap dispensers, paper towel dispensers, waste receptacles; a coin operated sanitary napkin dispenser with receptacle for each women's toilet, disposable toilet seat cover dispensers, a convenience outlet, and hot and cold water for all restrooms. (The FAA will advise if additional facilities are required.). The Lessor shall provide a minimutn of one chilled accessible drinking fountain with potable water within every 200 feet of travel. Al2-Window and Floor Covering (8/02) All exterior windows shall be equipped with window covering. Floors will be carpeted with a commercial grade of carpet acceptable to the FAA. Existing floor and window covering may be accepted at the discretion of the Real Estate Contracting Officer however; prior to occupancy all carpeting and window covering shall be cleaned. At no additional cost to the FAA, the Lessor shall replace carpeting at least every five (5) years, and vinyl or tiles every ten (10) years during FAA occupancy or any time during the lease when: • Backing or un,derlayment is exposed • There are noticeable variations in surface color or texture • Any carpeting or vinyl creating safety or tripping hazards shall be repaired or replaced immediately to FAA satisfaction Replacement includes moving and return of furniture. FAA will be responsible for replacement of floor covering in tite Operations and Equipment Area's. R. SECTION B - SERVICES, UTILITIES, AND MAINTENANCE B 1 -Grounds Maintenance (10/96) The FAA shall maintain in good condition landscape plants and lawns. 82 -Pest Control (8/02) The Lessor shall exterminate and control pests within the premises within a timely manner as required by the Government. Notice shall be provided to the users of the building before any application of herbicide(s) /pesticide(s) or other chemical pest control. OSHA requirements for Hazard Communication shall apply for the use of hazardous materials used in pest control. Copies of Material Safety Data Sheets (MSDS) for all chemicals applied shall be provided to the 2.6.3 Attachment - A to Space Lease OMB Control No. 2120 -0595 75 Kenai DTFAWN -1.3 -L -00002 Page 3of1.1 FAA before application. Only licensed applicators shall be allowed to apply chemicals. Herbicides /pesticides are not to be applied near the outside air intakes of the building during normal working hours and when the system is in operation. B3- Services and Facilities (10/96) The Lessor shall provide to the Government, as part of the rental consideration, the following: • Heating, air conditioning, and ventilation that provide for the comfortable occupancy of the premises. Temperatures will be thermostatically controlled to maintain a. temperature of 68 - 72 degrees Fahrenheit. These temperatures must be maintained throughout the leased premises and service areas, regardless of outside temperatures, during the FAA's normal hours of operation. • Electrical power to the premises for the operation of lights, communications equipment, and office machines. • Water (hot and cold) and sewer to leased premises. • Trash removal for leased premises. B4- Utilities Not Provided By The Lessor (10/96) If the cost of utilities is not included as part of the rental consideration, the Lessor must specify which utilities are excluded, The Lessor shall provide separate meters for utilities to he paid for by FAA. When FAA is to pay for utilities, the Lessor will furnish the Real Estate Contracting Officer, prior to occupancy by the FAA, written verification of the meter numbers and certification that these meters will measure FAA usage only. Proration is not permissible. If the cost of utilities for heating, ventilation, and air conditioning is not included as part of the rental considerations, an automatic control system will be provided to assure compliance with heating and air conditioning provisions included in this specifications package. Utilities Not Covered by the Lessor • Water • Sewer a Trash Removal. • Natural Gas • Electricity • Telephone /Communications III. SECTION C - SAFETY AND FIRE PREVENTION CI -Fire and Safety Requirements (8/02) All NFPA Standards addressed in this section reference the current edition of NFPA in place at the signing of this contract. At any point when construction takes place, systems should be brought into compliance according to the current edition of NFPA. The building shall, as required by Code, be equipped with automatic sprinklers which conform to NFPA No. 13, be maintained in accordance with NFPA No. 13A, have electrically supervised control valves (NFPA No. 13), and have water -flow alarm switches connected to automatically notify the local fire department 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 Page 4 all 76 (NFPA No, 72) or central station. (NFPA No. 71). The notification of the fire deparhnent or central station shall be accomplished through the building fire alarm system. Regardless of code requirements when the leased space (including garage areas under lease by the FAA) is on the 6th floor and above, or below grade, sprinklers are required. A manual fire alarm system shall be provided, maintained, and tested by the Lessor in accordance with NFPA Standard No. 71 and 72 in buildings, which are three (3) or more stories in height or contain more than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically supervised and automatically notify the local fire department and conform to NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, shall he maintained in accordance with the manufacturer's recommendations. Fire- safety, equivalent to the requirements stated above in this clause, may be accepted, at the discretion of the Real Estate Contracting Officer, if certified by a Licensed Fire Protection Engineer. Portable fire extinguishers shall he provided, inspected, and maintained by the Lessor in accordance with NFPA Standard No.1.0. C2- Indoor Air Quality (8/02) The Lessor shall control contaminants at the source and/or operate the space in such a manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as follows: CO -9 parts per million (PPM) time weighted average (TWA - 8 -hour sample); CO2 - 1,000 PPM (TWA); HCHO - 0.1 PPM (TWA). All indoor air contaminant levels in leased space will be kept below appropriate OSHA regulations or Consensus standards, whichever is stricter. Air quality and facility cleaning will be adequate to prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require immediate sampling and remediation. Moisture /standing water will be controlled to prevent the growth of these. During working hours, ventilation shall be provided in accordance with the latest edition of ANSI /ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Qualify. The Lessor shall promptly investigate indoor air quality (1AQ) complaints and shall implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining 11VAC, etc.). The FAA is responsible for addressing IAQ problems resulting from its own activities. MSDS will be provided for all cleaning solutions used in the FAA spaces, C3 -OSHA Requirements (10/96) The Lessor shall provide space, services, equipment, and conditions that comply with Occupational Safety and Health Administration (OSHA) safety and Health standards (29 CFR 1910 and 1926). 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 . DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 Page 5 of 11 77 C4 -Radon ( 10/96) Radon levels in space leased to the FAA shall not equal or exceed the EPA action level for buildings of four (4) picocuries per liter (pCi/L). If radon levels are found to be at or above 4 pCi /L, the Lessor shall develop and promptly implement a plan of corrective action. C5- Refrigerants (8/02) The Lessor shall identify which refrigerants are used in the FIVAC systems in the spaces covered by this lease. The lease should provide for use of refrigerants consistent with EPA and ASHRAE requirements. C6-Warranty Of Space (8/02) (a) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Lessor warrants that all space leased to the Government under this contract, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) requirements of the Toxic Substance Control Act. The Real Estate Contracting Officer shall notify the Lessor in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. With any construction work, Lessor would be required to comply with the OSHA regulations for Asbestos and relevant FAA orders. (b) The leased premises shall be free of all asbestos - containing material, PCB's, Radon, and other environmentally hazardous substances. If either ACMs or PCBs are found to be in the leased space the Government reserves the right to require the Lessor, at no cost to the GOVERNMENT, to take whatever corrective action as might be required by the Toxic Substance Control Act, EPA regulations and state requirements. All facilities constructed prior to 1981 are to have an asbestos building survey conducted by a. qualified inspector including a visual examination and bulk sampling. All ACM survey reports are to be made available to the Real Estate Contracting Officer. (c) If the Lessor fails, after receipt of notice, to make correction within the specified period of time, the Government shall have the right to make correction and charge to the Lessor the costs occasioned to the FAA or terminate the lease agreement at no cost to the Government. (d) The rights and remedies of the FAA in this clause are in addition to any other rights and remedies provided by the law and under this contract. (e) Definitions. (1) "Acceptance ", as used in this clause means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a 2.6.3 Attachment - A to Space Lease Revised January 2012 OMB Control No. 2120 -0595 78 Kenai DTFAWN -13 -L- 00002 Page 6 of 11 portion of the premises for occupancy in accordance with the provisions of this lease contract. (2) "Correction ", as used in this clause, means (i) the removal., encapsulation or enclosure of any friable asbestos materials found in the space leased to the Government, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the same ventilation zone as the leased space and common use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor shall adhere to the FAA's required post - asbestos - abatement air monitoring program. (ii) With regard to non- friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. IV. SECTION D — MISCELLANEOUS DI -Day to Dav Extension (8/02) The Government shall continue to occupy the premises for a period not to exceed 180 days after the end of the lease term including all option periods. The rent shall be paid monthly in arrears on a prorated basis at the rate paid on the date of the lease expiration, until one of the following events occurs: (1) the extension day period expires: (2) a new lease commences, (3) the Government acquires a fee simple or other long -term interest in the property through negotiation . or eminent domain or (4) the Government vacates the leased premises; whichever occurs first. The accrued rent computed on a daily basis shall be due and payable in arrears at the end of each month until the amount accrued by the end of the month has been fully paid. D2- Erection of Signs (10 /96) The Government shall have the right to erect on or attach to the Lessor's premises such signs as may be required to clearly identify the Government's facility, Said signs so erected will remain the property of the Goverment and shall be removed from the premises upon termination of the Lease. D3 -Hold Harmless (10/96) In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 2671 et. seq.), hereafter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 2.6.3 Attachment- A to Space Lease Kenai Revised January 2012 DTFAWN -I3 -L -00002 OMB Control No. 2120 -0595 Page 7 of 11" 79 D4- Installation Of Antennas. Cables And Other Appurtenances (1.0/96) The FAA shall have the right to install, operate and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop and within buildings and structures, or at other locations, as deemed necessary by the Govermnent. D5- Non - Restoration (101961 The FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the FAA may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said property by the FAA during its tenure. Notice of abandonment will be conveyed to the Lessor in. writing. D6- Unauthorized Negotiating (10/96), In no event shall the Lessor enter into negotiations concerning the space leased or to be leased with other than the real estate contracting officer or his designee. D7- Wiring For Telephones (10/96) The Government reserves the right to provide its own telephone service in the space to be leased. It may have inside wiring and telephone equipment installed by the local telephone company or a private contactor. Alternately, the FAA may wish to consider using inside wiring provided by the building, if available. However, the final decision will remain the Govenmsent. V. SECTION E - SECURITY REQUIREMENTS Facility Sectnity (Undated 4/09 Security requirements for Government occupied space must meet minimum - security accreditation standards for the type of facility covered by this lease. The FAA Facility Security Management Program defines facility security accreditation standard levels. The security requirements identified below are tailored specifically for the type of facility covered by this solicitation. The Lessor shall provide or make accommodation to provide for all the security requirements listed herein for the leased premises covered by this lease agreement: Contact your local Servicing Security Element (SSE) Pam Smith at 907 -271 -2193 for a list of your security requirements. The local SSE will determine any additional security upgrades that are required to meet accreditation and shall conduct a final security assessment of the building. The Lessor shall provide maintenance services to the 'security upgrades installed within the leased premises and covered under this lease. E2- Contractor Personnel Suitability Requirements (4/09) (a) This clause applies to the extent that this contract requires contractor employees, subcontractors, or consultants to have unescorted access to FAA: 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN -l3 -L -00002 OMB Control No. 2120 -0595 80 Page 8 of 11. (1) Facilities; (2) Sensitive information; and /or; (3) Resources regardless of the location where such access occurs, and none of the exceptions of FAA Order 1600.72A, Contractor and Industrial Security Program, Chapter 5, paragraphs 4, 6, 7 and 8 pertains, Definitions of applicable terminology are contained in the corresponding guidance and FAA Order I600.72A, appendix A. (b) Consistent with FAA Order 1.600.72A, the FAA Servicing Security Element (SSE) has approved designated risk levels for the positions under the contract. Those designated risk levels are: (c) If a National Agency Check with Inquiries (NACI) or other investigation is required under paragraph (b) for a given position, the contractor will submit to the Contracting Officer (CO) a point of contact (POC) that will enter applicant data into the Vendor Applicant Process (VAP) system (vap.faa.gov). VAP is a FAA system used to process and manage security information for FAA contractor personnel. Each contract may have up to 5 POCs. Once designated, a VAP administrator will provide each POC a Web ID and password. The type of investigation conducted will be determined by the position risk level designation for all duties, functions, and/or tasks performed and will serve as the basis for granting a favorable employment suitability authorization as described in FAA Order 1600.72A. If an employee has had a previous U. S. Government conducted background investigation which meets the requirements of Chapter 5 of FAA Order 1600.72A and Homeland Security Presidential Directive 12 (HSPD -12), it will be accepted by the FAA. However, the FAA. reserves the right to conduct further investigations, if necessary. The contract may include positions that are temporary, seasonal, or under escort only. In such cases, a FAA Form 1600 -77 for each specific position will be established as the investigative requirements may differ from the NACI. The following information must be entered into VAP by the POC for each applicant requiring an investigation: • Name; + Date and place of birth (city and. state); • Social Security Number (SSN); • Position and office location; • Contract number; • Current e -mail address and telephone number (personal or work); and + Any known information regarding current security clearance or previous investigations (e.g. the name of the investigating entity, type of background investigation conducted, contract number, labor category (Position), and approximate date the previous background investigation was completed). If a prior investigation exists and there has not been a 2 year break in service by the applicant, the SSE will notify the contractor that no investigation is required and that final suitability is approved. 2.6.3 Attachment - A to Space Revised January 2012 OMB Control No. 2120 -0545 e 81 Kenai DTFAWN -13 -L -00002 Page '9 of 11 If no previous investigation exists, the SSE will send the applicant an. e -mail (this step may be delegated to VAP POC): • Stating that no previous investigation exists and the applicant must complete a form through the Electronic Questionnaires for Investigations Processing (eQIP) system o Instructing the applicant how to enter and complete the eQIP form; • Providing where to sendlfax signature and release pages and other applicable forms; and • Providing instructions regarding fingerprinting. The applicant must complete the eQIP form and submit other required material within 15 days of receiving the e -mail from the SSE. For items to be submitted outside eQIP, the contractor must submit the required information with a transmittal letter referencing the contract number to: Headquarters Contracts: Manager, Personnel Seeu ity Division, AIN -400 800 Independence Avenue, S.W., Room 315 Washington, D.C. 20591. Regional and Center Contracts: Manager, Security & Hazardous Materials Branch 222 W. 7th #14 Anchorage, AK 99513 -7587 The transmittal letter must also include a list of all of the names of contractor employees and their positions for which completed forms will be submitted to the SSE pursuant to this Clause. (d) The contractor must submit the information required by paragraph (c) of this Clause for any new employee not listed in the Contractor's initial submission who is hired into any position identified in paragraph (b) of this Clause. (e) The CO will provide notice to the contractor when any contractor employee is found to be unsuitable or otherwise objectionable, or whose conduct appears contrary to the public interest, or inconsistent with the best interest of national security. The contractor must take appropriate action, including the removal of such employee from working on this FAA contract, at their own expense. Once action has been taken, the contractor will report the action to the CO and SSE. (f) No contractor employee will work in a high, moderate, or low risk position unless the SSE has received all forms necessary to conduct any required investigation and has authorized the contractor employee to begin work. (g) The contractor must notify the CO within one (1) business day after any employee identified pursuant to paragraph (c) of this Clause is terminated from performance on the contract. This notification must be done utilizing the Removal Entry Screen of VAP. If 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 -- - DTFAWN -I3 -L 00002 OMB Control No. 2120 -0595 82 Page 10 of 11. FAA issued the terminated employee and identification card, the contractor must collect the card and submit it to the SSE. (h) The CO may also, after coordination with the SSE and other security specialists, require contractor employees to submit any other security information (including additional fingerprinting) deemed reasonably necessary to protect the interests of the FAA. In this event, the contractor must provide, or cause each of its employees to provide, such security information to the SSE, and the same transmittal letter requirements of paragraph (c) of this Clause applies. (i) The contractor and /or subcontractor(s) must contact the Servicing Security Elements (Regional and /or Center Security Divisions) or AIN -400 at Headquarters within one (I) business day in the event an employee is arrested (detained by law enforcement for any offenses, other than minor traffic offenses) or is involved in theft of government property or the contractor becomes aware of any information that may raise a question about the suitability of a contractor employee. (j) Failure to submit information required by this clause within the time required may be determined by the CO a material breach of the contract, (k) If subsequent to the effective date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in direct contract costs or otherwise affect any other term or condition of this contract, the contract will be subject to an equitable adjustment, (1) The contractor agrees to insert terms that confonn substantially to the language of this clause, including paragraph (k) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access and where the exceptions under Chapter 5, FAA Order 1600,72A do not apply. (m) Contractor employees who have not undergone a. background investigation must be escorted at all times. 111 some instances, a contractor employee may be required to serve as an escort. To serve as an escort, a contractor employee must have a favorably adjudicated fingerprint cheek and initiated a NACI with FAA. VI. SECTION F - SPECIAL REQUIREMENTS VII. CERTIFICATION FORMS (8/02) - See attached forms: Certification of Seismic Compliance FAA Safety and Environmental Certification Checklist Vendor/Miseellaneous Payment Information Form 2.6.3 Attachment - A to Space Lease Kenai Revised January. 2012 DTFAWN -13 -L -00002 OMB Control No. 2120-0595 83 Page I I of 11 THIS PAGE IS INTENTIONALLY LEFT BLANK 84 Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2652 -20/2 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO PROVIDE DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE" AND TO REPLACE THE DEFINITION OF BOARDING HOUSE TO BETTER DEFINE BOARDING HOUSE IN KMC 14.22.010, "LAND USE TABLE." WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and, WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land. Use Table, KMC 14.22.010; and, WHEREAS, it is in the City's best interest to define all uses listed in the Land Use Table, KMC 14.22.010 and to replace the definition of "Boarding House;" and, WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms used throughout the Kenai Zoning Code, it is useful to amend existing definitions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Fo.ui: This is a Code ordinance. Section 2. Amendment of Section 14.20.320 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows: 14.20.320 Definitions. (a) General Interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. New Text Underlined. [DELETED TEXT BRACKETED 85 Ordinance No. 2652 -2012 Page 2 of 12 (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which . is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main bnitding when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land "Administrative official" means the person charged with the administration and enforcement of this chapter "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cuitivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed. -wing aircraft, helicopters, and blimps take off and land Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alterations" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple." "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of step s. "Assemblages" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted Iving" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. New Text Underlined [DELETED TEXT BRACKETED] 86 Ordinance No. 2652 -2012 Page 3 of 12 "Automobile Sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans. trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile Service Station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries. and other small accessories; the installation and servicing of such lubricants, tires. batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive Repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and Breakfast" means a residential, owner - occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. [ "BOARDINGHOUSE" MEANS A BUILDING OTHER THAN A HOTEL WHERE LODGING, WITH OR WITHOUT MEALS, IS PROVIDED FOR COMPENSATION FOR THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH IS NOT OPEN TO TRANSIENT GUESTS.] "Boarding House" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some se.- vices, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building penult has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof New Text Underlined' [DELETED TEXT BRACKETED) 87 Ordinance No. 2652 -2012 Page 4 of 12 "Building, principal or main" means a building or structure in which is conducted the principal or main use [OF] on the lot [ON] which said building is situated. "Business /Consumer Services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services: protective services; equipment rental and leasing; commercial research: development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (11 or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship ceremonies rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded. and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "College" means an educational institution providing postsecondary (after high school) education. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "Commercial Recreation" means a recreation facility operated as a business and open to the public for a fee. "Commercial Kennel" has the same meaning given in KMC 3.05.010. "Commission" means the Kenai Planning and Zoning Commission. "Communication Antenna(s) has the same meaning given in KMC 14.20.255. "Communication Tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: New Text Underlined DELETED TEXT BRACKETED) 88 Ordinance No. 2652 -2012 Page 5 of 12 (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory /Funeral Home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day Care Center" means an establishment where child care is regularly provided for children for periods of less than 24 hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged "Dormitory" means a building. whether public or private, associated with a school college or university and designed, used, and arranged for private sleeping, studying. and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple- family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" means one (1) or more rooms and a single lcitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two - family" means any building containing only two (2) dwelling units. "Dwelling, multiple family" means any building containing three (3) or more dwelling units. "Elementary School" means any school usually consisting of grades pre- kindergarten through grade six or any combination of grades within this range. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, New Text Underlined. [DELETED TEXT BRACKETED] 89 Ordinance No. 2652 -2012 Page 6 of 12 wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal Organization" means a group of people formally organized for a common object, purpose. or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one side of a street between intersection streets. "Gas Manufacturer /Storage" means the surface use of lands used in the production the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning /compressor stations. "Storage" means surface uses necessary for storage of produced or non -native natural gas. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles, "Governmental Buildings" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or munici +aii. and used to conduct official business of •overnment. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. New Text Underlined' {DELETED TEXT BRACKETED) 90 Ordinance No. 2652 -2012 Page 7 of 12 "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use [OF A SERVICE CHARACTER CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.] "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a. collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body an institution. or a private individual. "Loading space" means an off- street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof "Lot coverage" means that portion of the lot covered by buildings or structures that require a building penult, "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front - corner lot" means the shortest street line of a corner lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than New Text Underlined' [DELETED TEXT BRACKETED) 91 Ordinance No. 2652 -2012 Page 8 of 12 ten feet (10') in length, within a lot, parallel to and at the in front lot line. line. distance from the "Lot line, side" means any lot boundary line not a front lot line or a rear lot "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. " Manufacturing /Fabricating /Asserubly" means the mechanical or chemical transformation of materials or substances into new prod.ucts including assembling of components parts, the manufacturing of products. and the blending of materials such as lubricating oils. plastics, resins or liquors. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mini - storage facility" means a completely enclosed structure containing three (31 or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other obiects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. New Text Underlined [DELETED TEXT BRACKETED] 92 Ordinance No. 2652 -2012 Page 9 of 12 "Non - conforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non- conforming structure" means a structure or portion thereof, Lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non - conforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous non - conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. [ "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7) YEARS OF AGE.] "Nursing, Convalescent or Rest Home" means a building or structure used as a. residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Parking, Public Lots" means a parking area available to the public, whether or not a fee for use is charged. "Parks" means a tract of land. designated by a ou.blic entity for the enjoyment of the public and generally used for active and passive recreational activities. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, [ITS] or their successors and /or assigns or the agent of any of the aforesaid. "Personal Services" means establishments engaged in providing services involving the care of a person or his or her apparel. "Planned Unit Residential Development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a Iot or parcel of land. New Text Underlined. DELETED TEXT BRACKETED 93 Ordinance No. 2652 -2012 Page 10 of 12 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites. parks, or fields. It can include active recreation. such as structured individual or team activities requiring the use of special facilities courses fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and Photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail Business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such. goods. "Secondary use (81" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. j "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED AUTOMOTIVE MECHANIC.] "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention.. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined' [DELETED TEXT BRACKETED] 94 Ordinance No. 2652 -2012 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface Extraction of Natural Resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas. oil. base metals, precious metals, iron, uranium, coal, diamonds, limestone. oil shale, rock salt and potash. "Surface Extraction of Natural Resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals. fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, spealdng musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree Nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. New Text Underlined' DELETED TEXT BRACKETEDI 95 Ordinance No. 2652 -2012 Page 12 of 12 "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14, Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: September 19, 2012 Adopted: October 3, 2012 Effective: November 3, 2012 New Text Underline& [DEbETED TEXT BRACKETED]. - - - 96 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -20 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO ADD DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE," AND TO AMEND OTHER EXISTING DEFINITIONS. WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and, WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, it is in the City's best interest to define all uses listed in the Land Use Table, KMC 14.22.010 and to replace the definition of "Boarding House;" and, WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms used throughout the Kenai Zoning Code, it is useful to amend existing definitions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.20.320 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows. 14.20.320 Definitions. (a) General Interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word `person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The te,iu "shall" is always mandatory. New Text Underlined- (DELETED TEXT BRACKETED 97 Resolution PZ12 -20 Page 2 of 12 (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (11 surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings, "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alterations" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple.' "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblages" means a Large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. New Text Underlined' (DELETED TEXT BRACKETED] 98 Resolution PZ12 -20 Page 3 of 12 "Automobile Sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, Hanel trucks or vans, trailers or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use, "Automobile Service Station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive Repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and Breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. ) "BOARDINGHOUSE" MEANS A BUILDING OTHER THAN A HOTEL WHERE LODGING, WITH OR WITHOUT MEALS, IS PROVIDED FOR COMPENSATION FOR THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH IS NOT OPEN TO TRANSIENT GUESTS.] "Boarding House" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning, Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the root New Text Underlined' [DELETED TEXT BRACKETED[ 99 Resolution PZ12 -20 Page 4 of 12 "Building, principal or main" means a building or structure in which is conducted the principal or main use [OF] on the lot )ON) which said building is situated. "Business /Consumer Services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (11 or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium stacked vaults or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals. and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "College" means an educational institution providing postsecondary (after high school) education. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "Commercial Recreation" means a recreation facility operated as a business and open to the public for a fee. "Commercial Kennel" has the same meaning given in KMC 3.05.010. "Commission" means the Kenai Planning and Zoning Commission. "Communication Antenna(s) has the same meaning given in KMC 14.20.255. "Communication Tower" has the same meaning given in KMC 14.20.255, "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: New Text Underlined' [DELETED TEXT BRACKETED 100 Resolution PZ12 -20 Page 5 of 12 area.. (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building "Crematory /Funeral Home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the foinr of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization and oxidation. "Day Care Center" means an establishment where child care is regularly provided for children for periods of less than 24 hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged "Dormitory" means a building, whether public or private, associated with a school, college or university and desigpned, used, and arranged for private sleeping, stud int and livin_ accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple-family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Dwelling, one - family" means any detached build ag containing only one (1) dwelling unit. "Dwelling, two- family" means any building containing only two (2) dwelling units. "Dwelling, multiple family" means any building containing three (3) or more dwelling units. "Elementary School" means any school usually consisting of grades pre- kindergarten through grade six or any combination of grades within this range. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, New Text Underlined. [DELETED TEXT BRACKETED] 101 Resolution PZ12 -20 Page 6 of 12 wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal Organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one side of a street between intersection streets. "Gas Manufacturer /Storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning /compressor stations. "Storage" means surface uses necessary for storage of produced or non - native natural gas. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles, "Governmental Buildings" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk, "Greenhouse" means a building or structure, usually a. glassed or clear plastic enclosure. used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. New Text Underlined• DELETED TEXT BRACKETED! 102 Resolution PZ12 -20 Page 7 of 12 "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use [OF A SERVICE CHARACTER CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT INVOLVE THE CONDUCT OF' TRADE ON THE PREMISES.] "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed: it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front - corner lot" means the shortest street line of a corner lot. "Lot line, front- interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than New Text Underlined- (DELETED TEXT BRACKETED] 103 Resolution PZ12 -20 Page 8 of 12 ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufacturing /Fabricating /Assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not Ell the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently Located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific. artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. New Text Underlined; [DELETED TEXT BRACKETED] 104 Resolution PZ12 -20 Page 9 of 12 "Non- conforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non- conforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non- conforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous non - conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists [ "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7) YEARS OF AGE.) "Nursing, Convalescent or Rest Horne" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred. eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Parking, Public Lots" means a parking area available to the public. whether or not a fee for use is charged. "Parks" means a tract of land, desi,gn.ated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, [ITS] or their successors and /or assigns or the agent of any of the aforesaid. "Personal Services" means establishments engaged in providing services involving the care of a person or his or her apparel. "Planned Unit Residential Development" means an alternative method of development of a residential neighborhood under more flexible conditions than . otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land, New Text Underlined DELETED TEXT BRACICETEDJ 105 Resolution PZ12 -20 Page 10 of 12 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places. sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do riot require prepared facilities such as wildlife and bird viewing, observing and photographing nature picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use or the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail Business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such goods. "Secondary use (S)" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. [ "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED AUTOMOTIVE MECHANIC.] "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention, "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. Pe New Test Underlined [DELETED TEXT BRACKETED] 106 Resolution PZ12 -20 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface Extraction of Natural Resources" means removing valuable minerals or other geological materials from the earth, from an ore body vein or (coal) seam. Materials recovered could include gas, oil, base metals precious metals. iron, uranium coal, diamonds, limestone, oil shale, rock salt and potash. "Surface Extraction of' Natural Resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single- family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree Nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale, "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. New Text Underlined [DELETED TEXT BRACKETED 107 Resolution PZ12 -20 Page 12 of 12 "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14, Dated at Kenai, Al. this 12th day ti - aember 2012. CHAIR: ATTEST: New Text Underrined' [DELETED TEXT BRACKETED] 108 eke ciy of KENAI. ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2012 -55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION, ON BEHALF OF THE CITY, OF FOUR PARCELS OF PROPERTY DESCRIBED AS LOT 5, BLOCK 11; LOT 9, BLOCK 11; LOT 5, BLOCK 12; AND LOT 5, BLOCK 8, ORIGINAL TOWNSITE OF KENAI, KENAI, ALASKA FROM NANCY J. PECK, FOR THE PUBLIC PURPOSE OF INCLUDING THE PROPERTIES IN THE DUNES RESTORATION PROJECT AND DETERMINING THAT THE PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL. WHEREAS, since 2009, the City of Kenai has worked with partners on the Dune Restoration Project, a project to rehabilitate dune grass habitat along the North and South shores of the mouth of the Kenai River; and, WHEREAS, as part of the Dunes Restoration Project, the City identified several properties, including Lot 5, Block 11; Lot 9, Block 11; Lot 5, Block 12; and Lot 5, Block 8, Original Townsite of Kenai, owned by Nancy J. Peck (the Properties), along the access road behind the dunes that would be fenced to allow access to the beach and minimize the amount of dune habitat damaged by foot and vehicle traffic; and, WHEREAS, Nancy J. Peck has requested to donate the Properties to the City for its use; and, WHEREAS, pursuant to Kenai Municipal Code 22.05.135(a) the City may acquire property needed for a public use on such terms and conditions as the Council shall determine; however, 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 unless the Council, upon resolution so finding, determines that the public interest will not be served by an appraisal; and, WHEREAS, the Kenai Peninsula Borough tax assessment for the Properties is $300 per parcel, and Nancy J. Peck is donating the Properties to the City without a request for return consideration. WHEREAS, the Council of the City of Kenai finds that the public interest will not be served by an appraisal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to accept a donation on behalf of the City of four parcels of property described as Lot 5, Block 11; Lot 9, Block 11; Lot 5, Block 12; and Lot 5, Block 8, Original Townsite of Kenai, Kenai, Alaska from Nancy J. Peck, for the public purpose of including the properties in the Dunes Restoration Project and determines that the public interest will not be served by an appraisal. 109 Resolution No. 2012 -55 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of October, 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk New Text Underlined; [DELETED TEXT BRACKETED) 110 SUBJECT PROPERTIES 608 Inlet St.- KPB #04707405 L5, B8, Original Townsite of Kenai 1010 Kenai Ave.- KPB #04708405 L5, 812, Original Townsite of Kenai KENAI AV 1009 Kenai Ave. KPB #04708305 -- L5, B11, Original Townsite of Kenai 1001 Kenai Ave, - KPB #04708309 L9, 811, Original Townsite of Kenai 111 KENA5ALASKA —\\77- "K/faye with a Past, C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1997 TO: City Council FROM: Rick Koch, City Manager DATE: September 27, 2012 SUBJECT: Resolution 2012 -55 Authorizing the City Manager to Accept Property Donations The purpose of this correspondence is to recommend Council approval of Resolution 2012 -55. This action will provide authority for the City Manager to accept the donation of four parcels of property located in the vicinity of Kenai Avenue, Two parcels consist of dunes between Kenai Avenue and the Kenai River, and two parcels consist of wetlands located between Kenai Avenue and the bluff in Old Town. These parcels are located in an area the City desires to protect and develop as part of the park system. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 112 KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 19, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 htto://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 19, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Terry Bookey Brian Gabriel Tim Navarre comprising a quorum of the Council. Also in attendance were: Austin Daly, Student Representative Terry Eubank, Acting City Manager Sandra Modigh, City Clerk 3. Agenda Approval Ryan Marquis, Vice -Mayor Robert Molloy Mike Boyle Mayor Porter requested a proclamation presentation of "Hunger Action Month" be added to the agenda after approval of the consent agenda. MOTION: Council Member Molloy MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda 113 MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. *A11 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. Mayor Porter presented the "Hunger Action Month" proclamation to Linda Swarner, Kenai Peninsula Food Bank Executive Director. B. SCHEDULED PUBLIC COMMENTS 1. Joseph B. Jolly -- Senior Connection / Meals on Wheels Mr. Jolly and Board Members of the Senior Connection presented the City of Kenai a check in the amount of $23,000 raised during the Meals on Wheels fundraiser. C. UNSCHEDULED PUBLIC COMMENTS Karen McGahan, Nikiski addressed Council to discuss the dip net fishery and provided suggestions for future seasons. D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2650 -2012 -- Amending the Kenai. Municipal Code, Section 13.30.035, "Paid Parking," to Change the Title of That Section to "Paid Parking; Parking Violations;" to Clarify What is Unlawful Parking in Paid Parking Areas; and to Authorize the City Manager to Issue Free or Reduced Cost Parking Permits. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2650 -2012 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment. Karen McGahan spoke in favor of Ordinance No. 2650 -2012. City of Kenai Council Meeting Minutes Page 2 of 7 September 19, 2012 114 With no one else requesting to speak, public comment was closed, Vice -Mayor Marquis provided background and intent of the ordinance which was to create the framework for potential City event paid parking or parking passes to be discussed and approved by Council via resolution in the future. MOTION TO AMEND: Council Member Bookey MOVED to amend Ordinance No. 2650 -2012 by inserting "all property or vehicles found to be in violation of the terms and conditions stated herein shall be subject to impound" as subsection (f) and revising the current subsection (i) to be reflected as (g) and Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Gabriel, Molloy, Marquis, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. Council discussion related to the ordinance continued and it was reiterated that development of policy and implementation of any parking fees or waivers would require discussion and adoption by Council. VOTE ON MAIN MOTION AS AMENDED: YEA: Bookey, Boyle, Gabriel, Molloy, Marquis, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED. 2. Resolution No. 2012-54 -- Rejecting all Bids for the Project Entitled Kenai Boating Facility Launch Ramp Floats 2012. MOTION: Council Member Molloy MOVED to approve Resolution No. 2012 -54 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. if Kenai Council Meeting Minutes Page 3 of 7 :ember 19, 2012 115 VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: `Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1. *Regular Meeting of August 15, 2012 . 2. *Special Meeting of August 27, 2012 Meeting minutes were approved by approval of the consent agenda. F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Action /Approval -- Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 3. Action /Approval -- 2012 Election Precinct Boards MOTION: Vice- Mayor Marquis MOVED to approve the appointments of the 2012 Election Precinct Boards and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes September 19, 2012 116 Page 4 of 7 4. Action /Approval -- Expenditure not to exceed $10,000 for Construction of the Visitor Center Boat Cover. MOTION: Council Member Bookey MOVED to approve an expenditure not to exceed $10,000 for Construction of the Visitor Center Boat Cover and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 5. Action /Approval -- Mayoral Nomination and Council Confiunation of Committee /Commission /Board Members: • Andrew W. McClure to the Airport Commission • Jordan J. Jackman to the Parks & Recreation Committee • Holly Tuttle to the Beautification Committee • Katy Knackstedt to the Library Commission MOTION: Council Member Bookey MOVED to confirm the Mayor's nominations of Andrew W. McClure to the Airport Commission, Jordan J Jackman to the Parks & Recreation Committee, Holly Tuttle to the Beautification Committee, and Katy Knackstedt to the Library Commission and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the' motion. VOTE: There being no objections, SO ORDERED. 6. *Ordinance No. 2651 -2012 -- Waiving Certain Leasing Provisions Imposed by Kenai Municipal Code Sections 21.10.100, 21.10.170, and 21.10.090; Determining the Lease Term, and Approving the Form of Lease with Respect to Lot 7a -1, Block 2, FBO Subdivision, Located within the Airport Reserve, to the Federal Aviation Administration for the Use of an Automated Flight Service Station. Ordinance No. 2651 -2012 was introduced by approval of the consent agenda and public hearing scheduled on October 3, 2012. 7. *Ordinance No. 2652 -2012 -- Amending Kenai Municipal Code Section 14.20.320, `Definitions," to Provide Definitions for Uses Listed in KMC 14.22,010, `Land Use Table" and to Replace the Definition of Boarding House to Better Define Boarding House in KMC 14.22.010, "Land Use Table." Ordinance No. 2652 -2012 was introduced by approval of the consent agenda and public hearing scheduled on October 3, 2012. COMMISSION /COMMITTEE REPORTS 1. Council on Aging -- Mayor Porter reported adoption of a Bullying Policy. of Kenai Council Meeting Minutes Page 5 of 7 .ember 19, 2012 117 Bill Osborn addressed Council to speak of the Mystery Dinner fundraiser being held on September 28 & 29. 2. Airport Commission -- September meeting was cancelled. 3. Harbor Commission -- Council Member Molloy reviewed the commission's discussion and action of its meeting held on September 10. 4. Library Commission -- next meeting scheduled on October 2. 5. Parks and Recreation Commission -- next meeting scheduled on October 4. 6. Planning and Zoning Commission -- Council Member Navarre reviewed the commission's discussion and action of its meeting held on October 12 and noted the next meeting scheduled on the September 26. 7. Beautification Committee -- Mayor Porter reported on the committee's last meeting discussion and action. L REPORT OF THE MAYOR 1. Nomination of Applicant to the Planning & Zoning Commission Mayor Porter advised her intent of nominating Jake Arness to the Planning and Zoning Commission at the next meeting. Mayor Porter noted the second regularly scheduled Council meeting in November is the day before Thanksgiving and inquired as to whether Council was interested in rescheduling. The meeting was not rescheduled. J. ADMINISTRATION REPORTS 1. City Manager -- no report. Mayor Porter requested status of Birding sign to be erected at bird watching platform. 2. City Attorney -- no report. 3, City Clerk • Update on City election and absentee voting. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) There was no one in attendance who wished to speak. City of Kenai Council Meeting Minutes Page 6 of 7 September 19, 2012 118 2. Council Comments Council Member Boyle -- congratulated Senior Connection on fundraising efforts. Council Member Molloy -- thanked Senior Connection for the generous donation and Natasha Ala for Boys & Girls Club Report provided in the meeting packet. Vice -Mayor Marquis -- thanked the Senior Connection for the donation, Karen McGahan for her comments, Council for support on Ordinance No. 2651 -2012, and the Senior Center for the garage sale. Student Representative Daly -- noted upcoming school events including homecoming. Council Member Bookey -- thanked the Senior Connection for Meals on Wheels program. Council Member Navarre -- provided a report on the most recent Alaska Stand Alone Pipeline meeting L. EXECUTIVE SESSION -- None M. PENDING ITEMS -- None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 7:55 p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk `The student representative may cast advisory votes on all matters except those subject to executive session discussion Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. _. of Kenai Council Meeting Minutes Page 7 of 7 ember 19, 2012 119 THIS PAGE IS INTENTIONALLY LEFT BLANK 120 PAYMENTS OVER $15,000,00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: OCTOBER 3, 2012 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ICMA 457 PLAN ICMA 457 PLAN VARIOUS LIABILITY 21,730.72 PERS SEPTEMBER PERS VARIOUS LIABILITY 177,470.60 AETNA HEALTH INSURANCE VARIOUS INSURANCE 112,391.58 1,1 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect Int. THIS PAGE IS INTENTIONALLY LEFT BLANK 122 DATE: 1/41,' L NAME: FE- /17u CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS _Viii 00T 1 7 2011 CITY CLE K RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283-5068 Resident of the City of Kenai ?'? How long? Residence Address 026 f l /30/Ai ce 02-- 1,9i ✓6 Mailing Address �Z //y /136 //d /IIic%�r2. Ff45 !`> 24: l%G `/9G, // Horne Telephone No F,29st- ' 5?:// 1- i 26 y,; Home-t om No. Business Telephone No C &-2 ft 3�j ' 2 l =° Business -Pea Ito: , Email Address: beam /r /tn, co , May we include your- contact info uiation on our web page? ALL if not all, what 1.? may we include? EMPLOYER: >1 -"''7i (PC-6 ?) AME OF SPOUSE: f-1k (/)ci . Job Title Current membership in organizations: k 041 feral.. l r09 (i f'�f7F'�ri ✓z C':�es, rr t 5 it5 Ai Past organizational memberships: ✓fr v 44/47-4„7 .44,14 /4, -'6 £ cctw. r4r 5tvcDv / iT /7)t't- (l,'ep) COMMITTEES OR. COMMISSIONS IN WHICH YOU ARE INTERESTED: IJ »s..,) -20/j r.c_ 55/ it; WH3DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? g fro r.; 4 -y 5-r1'i n-.77 Of I� nsr"t /s i /d42 j 'C a/As,_ 4s CJ -;f ?1 0- TO Ft =?/.D- tZ.&I 7r]9 b -.,r at i"'Y ah:a ✓[./L v.- L -U H /K'c�_ WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO, THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP ?,) //r,.. /-1>fi.�!-i✓1-n,' ✓ "i Krh; fh f�f/' //7=�1 C-b())- ryrr./(i rTz >i.� --`T1- I /` � r,� �.� U -v�t:- ll.•� °Q ��t / /iaz. c7nn"7 /1 /95 /a✓ � �' -� - i�.�r/a✓ C i Xz Signature 123 DATE: (Z.(Sr7bil NAME: C kccC `2. C w t %As Resident of the City of Kenai? Residence Address 3 ©cl ? %L:r s- - 5S Mailing Address Ctw■G Home Fax No. Business Fax No. L %3 5771 May we include your contact information include? CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DEC 05 2011 RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 IITY CLERKS. PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 How long? V Z y CAC S S lr- K-p . ( A-K et cc(' ( ( Home Telephone No. Z4s3 2.O Business Telephone No Z 4%3 5 7 7 Email Address: C-1/4..i c.ILwQ. C-L If not all, what information may we on our web page? EMPLOYER: NAME OF SPOUSE: .t Job Title Akira( vt.41 Current membership in organizations: M. Pit-7 S C.A C& 0 ti }�l ©O S e__ Past organizational. memberships: COMMITTEES OR CO ii #' ISSIONS iN WHICH YOU ARE INTERESTED: V��G �.v.%\&C\ -1°V\‘vti Cn w..sSl0�. WHY DO YOU WANT TO BE INVOLVED WITH THI COMMISSION 0 COMMITTEE? IAA 5 t clv. s 1-4,1% w ,_ a\ s4 c t-4 e c ickt I tvt. S r) c 4 t k WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? caw C tv eet c...s U.+c�� c CL cLt awl 0. e�c4 Signature 124 CITY OF N AI "Village with a past -- City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS the di), of - KEN \v/ R FEB 232012 K NA! QTY CLEW( DATE: Z` {')Z NAME: nc,.V-Ye, r--yr n ez 5 5 RETURN TO: KENAI CITY CLERIC 210 FIDALGO AVENUE KENAI,AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Resident of the City of Kenai? Y4,4 Residence Address 20 S /0. i n Hl <-f Mailing Address o x '7 Z S 5 A 2: 4_+ , L; a %C'55- Home Telephone No. Home Fax No Business Telephone No 3°51-1 - 2-6/ G Email Address: rcp. .rne..ts e uckeYn"ve,■ 6 Business Fax No. May we include your contact information on our web page? ALL If not all, what information may we include? I 1 EMPLOYER: ri4��,k r ire, NAME OF SPOUSE: 1' I -0 C (- Current membership in organizations: Job Title Past organizational memberships: A_-2M COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Yir „n A,..� WHY DO YOU WANT TO BE INVOLVED WITH THIS CO SSION OR COMMITTEE? Re 5, '', e� WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BO COMMISSION OR COMMITTEE MEMBERSHIP ea-. 125 REVIEWED BY COUNCIL/ NO ACTION TAKEN Data VIS$;Z. DATE: NAME: .5176W P Me ufy e/ KENAI. ALASKA CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED AUG JO 2012 KENAI CITY CLERK, TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5065 Resident of the City of Kenai? How long? U 7I / /)E C,T «7v+tI 4/C 95'E/1/ Residence Address Mailing Address Jac Home Telephone No Home Fax No. Business Telephone No Z b?3 Business Fax No. Email Address: fg51- 1ireeA- ;i?.6An{ tits <;p ✓v� May we include your contact information on our web page? ALL if not all, what information may we include? EMPLOYER: f-1P5t N11T /0N41, 7 L,ts 1 Job Title ?/ /vCF/ mq N!f r<J NAME OF SPOUSE: Current membership in organizations: 4Esi AE"r' ° .w r of cc.'.it ,� vsr coAtrOa. P eSicc^r7'. LEV/t7 go7W,V ,ee&iL/e 7-4f%SVI&C 4-4(erd2. u/7'€ 7C(,'4 I 4 -I. ri2a `/ 1-Ew47 EUU sav,�66 tiE7".ire j'YfSrpt"Nl!' mil¢/ 1-Z? I'!fJi. L'7J 6-.6"( F'gi'S'a Gi �JiGN Past organizational memberships: »B7roN6:- V1v7f7 C/6-t17 -r f/ O 9i7n5i ✓5 A />,ar C,7-49114-17ER, flwll -Ie -' COMMITTEES OR COMMISSIONS IN %FIICH YOU ARE INTERESTED: v js Z P. z_ -- V 7pr•r' 7 co J7 aL (r, v i Sr; I0V WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? -o .477-tP ,iir9 /Cj %pv✓t7 fl 6'44:1177 / —7t 70 c /ve'; 01-2 et t /7Z WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? G���� ftf✓+?"' "Li tjt L'..ro:..wtt-7,0 !�G! ➢4E7 /A/c;/ f1/27N. 657,17E L-at DATE: /10 NAME: f tl /f, i. i CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT CO =its,, +- :ITTEES AND COMMISSIONS SEP 12 2012 crry CU!R RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Resident of the City of Kenai? •--7 How long? Residence Address 1 1 OtIf Lc pn L-907/& Z 5.94 Mailing Address r • O i✓ C'$ 2515 Home Telephone No. 253 - 0 Home Fax No. Business Telephone No Business Fax No, Email Address: May we include your contact information on our web page? AI1L If not all, what information may we include? rF St4Cr,e-5;hhfr 9)(A YVIRI4 re�L�lf O�IOVIE funio &r EMPLOYER• K,4 -SL/ `/ ✓ Job Title Seer &'t'ary NAME OF SPOUSE: IY I (nyhQ,Lr at )Z.fit ;3 Current membership in organizations: KPESA Past organizational memberships: N t_ A COMMITTEES OR COMMISSIONS IN WHICH YOU WHY DO YOU WANT TO BE INVOLVED WITH WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, ccOMMISSI OR COMMITTEE MEMBERSHIP? v -t „e, 'q t Frv� , 2jrs L rtVe'or ° &Yldc rnp1(1.14 tai v�r� n.id T.1/1!�' 7JniAi�i' 11JiIga e ° ► P 1 9 a Sig 127 DATE: NAME: Resident of the City of Kenai? CITY OF KENAI "Village with a past — City with a future.” BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND RECIEWED SEP 13 2012 KENAI CITY CLtU Resident-. Address ZCtc3 C. or, RETURN TOI Al CETI CLERK 210 FIDALGO AVENUE KENAI, AK 99611 1 ' PRONE: 283-7535, EXT. 231 FAX: 283.6068 How late 0 o A_) ( P„.Qa...-1,C1 ) Wa I r. Ali,... ;...1., . -.14,.. .i. AAA- ci;C:11., 6', Vado c,S Mailing Address ki; -to 'x. ---2)--)--cli -2).. Home Telephone No (C1C-1-.) ,-)ALS -275-71, Home Fax No ',7-2-...,-74. -1 :TC't Business Telephone No -,•?,-.F.t. Lir - -72-.. (..r. C:t 6 Business Fax No. C. ,ProAC Email Address: t`,..t.7-...fl..0 ,....f. t-„_.v, .4 ckt4,0„,,..ii 0...a..kAl c May we include your contact information on our web page? ALL If not all, what information may we include? e- L.L„ EMPLOYER: UN" LA -V Job Title \ f NAME OF SPOUt3E: CALCILLS Current menzbarshiy in organizations: .1‘--trY e o. \ Past organizational memberships:, Am.; .„,„„) p447-a4-4,--en CtS 1 -114..-4 vS OR COMUSSIONS IFFiddi YOU ARE litrEarano: fec_t nivv\trnAscrave\ IVRY DO YOU TO BE INVOLVED wrni THIS COMMISSION OR CO 0 _ 5 „ 5 , „ 9 pAkAi A X 1:SeA iHk4.A. ? `0,A•e:(1, t% VI-A: Artrk 'te; k f )777 -4;” SC 1 ° 4A. n ,""710 "--C.A.:-C) A:AAA Was? BACKGROUND. ELIPBRIENCB4 OR. cawratruas no TOIS FOSS COMMISSION OR CO MMIT= MEMBERSHIP? WISE? ti 04 it: S;'). e-7/13.: tjat...;,2,2Lit; Int BOARD, ; TO 1,9 „; '77) rTh Lam,- r Signature 128 TO: 'Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM Mayor and Council Members FROM: Sandra Modigh, City Cle City of Kenai DATE: September 28, 2012 RE: Appeal of Condemnation Order of August 2I, 2012, by Larry Floyd, City of Kenai Building Inspector, of Mobile Home(s) located at 5125/5120 Silver Salmon Drive, Kenai, Alaska, in SPC 44, Tract B, Highland Pride Park, Highland Subdivision. A letter of appeal was received on Thursday, September 27, 2012 for the above - referenced matter. KMC 14.20.290(b)(l), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) -(].0) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. Please set a Board of Adjustment hearing for the above - referenced matter using the following information: THIRTY -DAY END DATE Saturday, October 27, 2012 (move to Monday, October 29, 2012) COUNCIL MEETING DATE (within 30 -day requirement) Wednesday, October 17, 2012 SIXTY -DAY END DATE Monday, November 26, 2012 COUNCIL MEETING DATE(S) (within 60- day requirement) Wednesday, October 17, 2012 Wednesday, November 7, 2012 Wednesday, November 21, 2012 Pursuant to KMC 14.20.290 referenced above, the City is required to provide notice of the hearing at least fifteen 1151 daus prior to the hearing. As such, to comply with the notice requirements and conduct the hearing within the 30 day time period, the hearing must be set between October 24 and October 29. if none of the aforementioned dates are acceptable for scheduling the hearing, KMC 14.20.290 allows for an extension, 'For qood cause, the Board of Adjustment may hold the hearin.q up to sin? (60) daus after the Ming of the appeal " /SM/ 129 THIS PAGE IS INTENTIONALLY LEFT BLANK 130 PENDING APPROVAL KENAI HARBOR COMMISSION MEETING SEPTEMBER 10, 2012 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR PU1L MORIN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Morin called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: Chair P. Morin, B. Osborn (arrived at 7:40 p.m.), W. Nelson, V. Askin, R. Peters, T. Thompson B. Eldridge (excused) Public Works Director S. Wedemeyer, Council Member R. Molloy AGENDA APPROVAL Commissioner Thompson MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION: APPROVAL OF MEETING SUMMARY -- June 11, 2012 Commissioner Peters MOVED to approve the meeting summary of June 11, 2012 and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. PERSONS SCHEDULED TO BE HEARD -- None. UNFINISHED BUSINESS Discussion /Recommendation -- Comprehensive Plan General discussion occurred. MOTION: Commissioner Peters MOVED to support all strategies in Objective #24 and to include mention of a need for a drift boat pullout within the City of Kenai in the Plan Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS -- None. 131 ITEM 7: REPORTS 7 -a. Director -- Public Works Director Wedemeyer reported on the 2012 dip net season, floats replacement, dock mud, parking lot improvements at the boating facility, and the Copper River Seafoods lease. 7 -b. City Council Liaison -- Council Member Molloy reported on the ROC the Kenai program, water monitoring grants, and the condition of the beaches after the dip net season ended. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. October 8, 2012 Commissioner Peters requested an excused absence from the October 8 meeting. ITEM 9: COMMISSIONER COMMENTS /QUESTIONS Morin discussed erosion caused by dip netters at the Warren Ames Bridge. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION -- None. ITEM 12: ADJOURNMENT MOTION: Commissioner Askin MOVED to adjourn and Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:10 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 132 HARBOR COMMISSION MEETING SEPTEMBER 10. 2012 PAGE 2 PENDING APPROVAL KENAI PARKS & RECREATION COMMISSION SPECIAL MEETING SEPTEMBER 6, 2012 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR AL HULL, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Hull called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: Chair A. Hull, C. Stephens, J. Beeson R. Tunseth, E. Castillo, R. Lambourn Parks and Recreation Director R. Frates, Mayor P. Porter No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 3: NEW BUSINESS 3 -a. Discussion -- Beaver Creek Park 3 -b. Discussion -- Meeting Schedules 3 -c. Discussion -- Comprehensive Plan. ITEM 4: ADJOURNMENT Due to lack of quorum, the meeting was adjourned at 7:11 p.m. Meeting summary prepared by: Corene Hall, CMC, Deputy City Clerk 133 THIS PAGE IS INTENTIONALLY LEFT BLANK 134 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION SEPTEMBER 26, 2012 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. Chair J. Twait, P. Bryson, J. Rowell, H. Knackstedt, K. Peterson, C. Smith None City Planner M. Kebschull, Planning Assistant N. Carver, Council Member T. Navarre. Deputy City Clerk C Hall 1 -e. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda as presented and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Smith SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by 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 135 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 -- September 12, 2012 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT -- None. 4. CONSIDERATION OF PLATS 4 -a. PZ12 -31 - Preliminary Plat - Sungate Subdivision 2012 Addition - A subdivision of Lot 1, 2 and 4, Block 2 Sungate Park Subdivision and Lot 1 Poore Subdivision and showing utility vacation. Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ12 -31 and Commissioner Bryson SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with no contingencies. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. There were no commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. 4 -b. PZ12 -32 - Preliminary Plat - Lot 3C, Youngblood- Warren Subdivision McKeirnon Addition. Plat submitted by Terry Eastham, 33986 Community College Drive, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ12 -32, including staff recommendations and Commissioner Smith SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval with the following requirements: • If the easements are not vacated, easements must be shown on the final plat. • Correct street name Fourth Avenue instead of 4th Avenue. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 26, 2012 PAGE 2 136 Remove Hayes Way from the plat. • Correct the subdivision name to the east to show Lot 13, Seaman Subdivision 2008 Replat. • List name of property owner. Twait opened the meeting to public hearing. There being no one wishun.g to speak, the public hearing was closed. Smith requested verification a driveway over an easement was allowed. Kebschull responded yes. VOTE: MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS 5 -a. MOTION: PZ12 -30 - An application for a Conditional Use Permit for a professional office for the property known as Lot 13, Block 2, VIP Ranch Estates Subdivision Part 7 (820 Set Net Drive, Kenai, Alaska. Application submitted by Scott 8t Heather Huff, Integrity Surveys, Inc., 820 Set Net Drive, Kenai, Alaska. Commissioner Smith MOVED to approve PZ12 -30, including staff comments and Commissioner Peterson SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the following criteria must be met: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. • The value of the adjoining property and neighborhood will not be significantly impaired. • The proposed use is in harmony with the Comprehensive Plan. • Public services and facilities are adequate to serve the proposed use. • The proposed use will not be harmful to the public safety, health or welfare. • Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Kebschull recommended approval with the following requirements: • The permit is limited to the operation of Integrity Surveys, Inc. as described in the application and letter dated August 24, 2012. • The permit is not transferable to another owner /business without review PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 26, 2012 PAGE 3 137 and approval of the Planning and Zoning Commission. Twait opened the meeting to public hearing. Scott Huff, Applicant - reviewed the application and offered to answer questions. There being no one else wishing to speak, the public hearing was closed. Knackstedt noted he agreed with the staff recommendations. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedure. 6. UNFINISHED BUSINESS -- None. 7. NEW BUSINESS 7 -a. Discussion /Recommendation -- Lease Renewal - Lot 7A -1, Block 2, FBO Subdivision No. 5 (470 North Willow Street), Federal Aviation Administration, Automated Flight Service Station. Kebschull reviewed her memorandum included in the packet. Bryson asked if the FAA was in agreement. Kebschull reported the lease request came from them. Peterson asked if expenses were usually included in a lease. Kebschull reported each lease was different and required different things. Knackstedt reported he agreed with the City Manager's decision to change the lease, and noted there might be discrepancies that needed clarification. MOTION: Commissioner Knackstedt MOVED to support the lease renewal with consideration of items listed above and Commissioner Peterson SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 8. PENDING ITEMS -- None. 9. REPORTS 9 -a. City Council - Council Member Navarre reported on the September 19 City Council meeting and noted Jake Arness had been nominated to the Planning and PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 26, 2012 PAGE 4 138 Zoning Commission and action would be taken at the October 3 meeting. 94. Borough Planning - Commissioner Bryson reported on the September 24 Borough Planning Commission meeting. 9 -c. Administration - City Planner Kebschull reminded the commissioners of the October 5 Open House for the Comprehensive Plan and noted she had information for them regarding the November conference. 10. PERSONS PRESENT NOT SCHEDULED - None. 11. INFORMATION ITEMS -- None. 12. NEXT MEETING ATTENDANCE NOTIFICATION -- October 10, 2012 No commissioners requested an excused absence for the October 10 meeting. 13. COMMISSION COMMENTS & QUESTIONS - None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:38 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 26, 2012 PAGE 5 139 THIS PAGE IS INTENTIONALLY LEFT BLANK 140 PENDING APPROVAL KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 11, 2012 7:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR P. BAXTER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER Ss ROLL CALL Chair Baxter called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows. Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: Chair P. Baxter, L. Gabriel, T. Canady, S. Lovett, V. Pierce C, Jung Parks and Recreation Director R. Frates, Parks and Recreation Operator C. Pearson, Mayor P. Porter AGENDA APPROVAL Member Lovett MOVED to approve the agenda as presented and Member Canady SECONDED the motion There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- May 8, 2012 MOTION: Member Lovett MOVED to approve the meeting summary of May 8, 2012 and Member Canady SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. ?ERSONS SCHEDULED TO BE HEARD -- None. UNFINISHED BUSINESS Discussion /Recommendation -- Comprehensive Plan Frates reported the Committee reviewed the plan and general discussion occurred. Suggestions included: Move "Lighting and Sidewalks for Pedestrian Safety" higher than "Bear Safe Community." Add a City sponsored grant program for residents. Invite Stephanie Queen from City of Soldotna to discuss their program. Frates noted he would forward suggestions to the Planning department. 141 ITEM 6; NEW BUSINESS 6 -a. Discussion -- 2012 Flower Bed Review Director Frates and Operator Pearson reviewed a PowerPoint presentation on the summer flower beds and general discussion occurred. Suggestions included: • Many positive comments from the general public. Bacapa in hanging baskets cannot withstand any drought. The island fronting the Library should receive sprucing up. A thank you card should be sent to the Summer Volunteer worker. • Planter boxes could be considered for mounting behind the Steve Schearer Memorial sign. Vines could be planted beneath the airplane in the Airport Triangle. Schedule a tour of beds for August. • Continue concrete pads for benches and add top of Meeks Trail to the list. ITEM 7: 7 -a. REPORTS Committee Chair -- None. 7 -b. Parks & Recreation Director -- Frates noted a letter to the editor in the Peninsula Clarion thanking the City for grounds keeping at the cemetery; Layne Griffith was the employee. 7 -0. Kenai City Council Liaison -- Mayor Porter noted she had received an application for a new member, the red truck with tree from Kenai Landing will be relocated to the historic cabin site in Old Town; and, she asked about the bird viewing sign for the harbor. ITEM 8: 8 -a. No members ITEM 9: ITEM 10: ITEM 11: NEXT MEETING ATTENDANCE NOTIFICATION October 9, 2012 requested an excused absence for the October 9 meeting. COMMITTEE MEMBER QUESTIONS AND COMMENTS -- None. PERSONS NOT SCHEDULED TO BE HEARD -- None. INFORMATION Landscape Site Plan -- Impound /Storage Yard Landscape Site Plan -- Automotive Shop BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 11, 2012 PAGE 2 142 11 -c. ITEM 12: MOTION: Landscape Site Plan -- Dena'ina Health and Wellness Clinic ADJOURNMENT Member Lovett MOVED to adjourn and Member Baxter SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 8:20 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 11, 2012 PAGE 3 143 THIS PAGE IS INTENTIONALLY LEFT BLANK 144 �iYC GIl:Af RENAL, ALASKA "Village with a Past, C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 IIIILi MFM00 TO: City Council FROM: Rick Koch, City Manager DATE: September 27, 2012 SUBJECT: City Manager's Report, Kenai Comprehensive Plan Update The purpose of this correspondence is to provide information to the Council regarding the tentative schedule for the completion of tasks prior to the Planning Commission transmitting the draft Comprehensive Plan to the City Council. October 5, 2012 October 19, 2012 October 24, 2012 November 14, 2012 November 28, 2012 Public Meeting -Open House 4:OOPM- 8:00PM. Presentations at 5:30PM and 7:OOPM at the Kenai Senior Center. Public comments will be received. Public Comment Deadline Planning Commission Work Session. Administration provides comments to Planning Commission. Planning Commission provides direction to Administration regarding incorporation of public comments into draft Comprehensive Plan. Planning Commission Work Session. Administration provides draft Comprehensive Plan to Planning Commission incorporating public comments as directed by Planning Commission at the October 24, 2012 work session. Planning Commission may set public hearing for the November 28, 2012 Planning Commission meeting. Planning Commission Meeting. Planning Commission will hold a public hearing and consider resolution recommending /transmitting draft Comprehensive Plan to Council. 1992 145 December 5, 2012 City Council Meeting. Planning Commission transmits draft Comprehensive Plan to City Council as an informational item. Planning Commission will suggest that the City Council schedule a joint work session so that the Planning Commission can present the draft Comprehensive Plan to the Council. 146 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000,00 FOR COUNCIL REVIEW COUNCIL MEETING OF: OCTOBER 3, 2012 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT MR0 SALES IMAGE TREND FESTIVE OUTFITTERS ALASKA SURE SEAL ALASKA SURE SEAL METAL MAGIC KACHEMAK ELECTRIC G&S CONSTRUCTION GEODESY POLYMER WWTP FY13 ANNUAL MAINTENANCE ARE REPLACE PUMP SEAL/BEARINGS RECREATION SNOW REMOVAL - FLIGHT SERVICE STATION AIRPORT SNOW REMOVAL - FIRE TRAINING FACILITY AIRPORT XMAS DECORATIONS AIRPORT UNDERGROUND STREETLIGHT REPAIRS STREET LIGHTS FLOOR DRAIN IN WELL HOUSE WELL HOUSE CONVERT GIS TO ARCGIS 10.1 PLANNING & ZONING OPERATING SUPPLIES PROFESSIONAL SERVICES REPAIR & MAINTENANCE REPAIR & MAINTENANCE ENANCE REPAIR & MAINTENANCE REPAIR & MAINTENANCE REPAIR & MAINTENANCE CONSTRUCTION PROFESSIONAL SERVICES 7,988-50 3,000.00 4,000.00 6,500.00 6,500.00 4,000.00 3,967.60 4,600.00 4,000.00 THIS PAGE IS INTENTIONALLY LEFT BLANK 148 THE STATE °fALASKA GOVERNOR SEAN PARNELL September 20, 2012 The Honorable Pat Porter Mayor City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mayor Porter, Department of Commerce, Community, and. Economic Development OFFICE OF COMMISSIONER SUSAN K. BELL SEP 2 6 2012 PI CL EM P.O. Box 110800 Juneau, Alaska 99811 -0800 Main: 907.465.2500 Programs fax: 907.465.5442 I wanted to provide you with an update on actions taken regarding the diminished salmon runs in the Yukon, Kuskokwim, and Cook Inlet fisheries and the resulting closures and restrictions. While these measures were necessary for conservation, they created significant hardship for Alaskans who depend on fisheries, both directly and indirectly,, as the source of their livelihood. The Governor requested a federal fishery disaster determination on July 14, 2012, and Acting U.S. Secretary of Commerce Rebecca Blank issued concurred and issued a declaration for commercial fishery disasters have occurred in three areas: (1) a continuing commercial fishery failure for the Yukon River for 2010, 2011, and 2012; (2) a commercial fishery failure occurred in 2011 and 2012 for the Kuskokwim Rivers; and, (3) a commercial fishery failure occurred in 2012 for Cook Inlet. Federal fishery disaster assistance is administered by the National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS) within the United States Department of Commerce. The Magnuson- Stevens Fishery Conservation and Management Act (MSA) and the Interjurisdictional Fisheries Act provide the authority and the requirements for fishery disaster assistance. With the federal detennination, Congress may appropriate funds for disaster assistance, which are administered by the Secretary. Should an appropriation by Congress occur, NOAH will work with the State on the distribution of funds consistent with the statutory requirements and conditions. Once this is completed, the State will be able to provide additional information on how impacted parties may apply for federal assistance. The State of AIaska has many existing programs that may provide some relief to people affected by the diminished salmon returns. We want to make every State assistance program available to those who qualify A list is attached with contact information relevant to each program molt likely to be needed by residents in the near future. 149 Mayor Porter September 20, 2012 Page 2 Additionally, in response to the decline of Chinook salmon abundance, the Governor directed the Alaska Department of Fish &Game to initiate a science planning process to better characterize patterns of productivity, increase understanding of reasons behind the declines, and seek to identify areas where remedial action could be taken on Chinook salmon stocks. A team of fisheries scientists from the Commercial Fisheries, Sport Fish, and Subsistence divisions of the Alaska Department of Fish & Game will summarize our current state of knowledge of Chinook salmon abundance and productivity, identify key knowledge gaps and create an outline of suggested research that would address those gaps. The research would form the basis for a science plan designed to provide vital information on the status and trends of Chinook sahnon. More information about this effort is available by watching the Governor's press conference. http :/ /gay.alaska.gov/ par. Hell/ muit imedia /videos.html?vid= 193&start -0 &cat Governor Parnell recognizes the vital importance of salmon fisheries as the foundation of many Alaskans livelihood. He will continue pursuing every available option to bring relief to Alaskans. If you have any further questions please feel free to contact me at (907) 465 -2500. Sincerely, Susan K. Bell Commissioner Enclosure cc: Roberta Graham, Assistant Conusussioner, Department of Commerce, Community, and Economic Development Cora Campbell, Commissioner, Alaska Departm.ent of Fish & Game 150 `::1: ` VE`L.P is Division of Community .& R.egi©nffi , ffairs Helps households pay a portion of home heating expenses. The program runs from November 1 through April 30. The purpose of the AEA Bulk Fuel Revolving Loan Fund is to assist cone nullities, utilities or fuel retailers in small rural communities in purchasing emergency, serni- annual or annual bulk fuel supplies. Loans are for the purchase of new fuel. Loans will rtoi be provided for fuel already purchased, in the process of being used or already consumed. AVCP - Bethel (907)543..7300 1-800-478-3521 www.avcl::.org Leona Hakala AK Energy Authority Phone:907 -771 -3000 e -mail: lhakaia @aidea.o +g http://www.aidea.org/AENprogramsloan.html NT Off` COMME NILINITY0 LO ...'° Division of Economic Development uEi) will work with existing borrowers impacted by natural or economic disasters on a case -by -case basis to find solutions that meet he needs of the existing borrower or new applicants. DED Financing Section Phone: 1 -800- 478 -5626 DENALI r-ARE EDI CAI [.1. r Ills lanipidcly riaalaianee HIUQIdi, pivvale:6' Cash assistance and work services to low- income families with children to help them with basic needs while they work toward becoming self. sufficient. The Food Stamp Program helps people buy nutritious food. Eligible households use the Food Stamp benefits to buy.food products from authorized stores statewide. WIC, the Women, Infants, and Children program is a nutrition program that helps pregnant women, new mothers and young children eat well, learn about good nutrition and stay healthy. Denali KidCare provides excellent health insurance coverage for childien and teens through ago 18, and to: pregnant women who meet income guidelines. Medicaid is the primary public program for financing basic health and Tong -term care services for Iow- income Alaskans. The program covers Icy, r[come children, pregnant women, families, the eJJci ly, { blind and the permanently disabled_ AVCP - Bethel (907)543 -7402 or 7410 1-800-478-3521 www.avcp.orc; Public Assistance Bethel Office 907 - 543 -2386 1-800-478,2686 hss.state.A.us/dpa/ YKHC - Bethel 907- 543 -6500 (Main Line) 907- 543 -5438 (WIC) www.ykhY org Denali KidCare Office 1-888-318 8890 Public; Assl Bethel Office 907 - 54:3.386 1- 800 - 478.2686 Public Ass stance Bethel Offce 907- 543 -2686 1-800-475-2686 hss.state.ak.us /dpa/ DEPARTMENT `...'.. F ..: L.TH;.:. AND : I L Rvic S: PROGRAMS S.NIO BENEFII- Auuk Pr6gia ii ptuaides itl Jai assistance to needy aged, blind, and disabled persons. APA is for people over 65 years old or have severe and long term disabilities that impose mental and physical limitations on their day -to -day functioning. Senior Benefits is a monthly cash benefit program for elders 65 and older on limited incomes. Three benefi!. amounts from $125 to $250 are offered, based on cross annual income. Public Ass :istance Bethel Oft ce 907- 543 -2686 1- 800 -478 -2686 hss.state. a k. us/dpa/ Public Assistance Senior Benefits Office 1- 888 -352 -4150 seniorbenc fifs.alaska.00v The ESD job centers provide an army of employment services including job search and placement assistance, online reemp`= oy:Yrent services, job training and referrals to unemployment insurance. The division also has business connectors and seafood employment programs. James FIE :rvey Assistant Director 907 - 465 -c :091 James.harvey @alaska.gov Kenai Peninsula Job Center Peninsula.jobcenterLg alaska.gov Phone: (997) 283 -2900 Bethel Joh Center Ykdelta.jobcenter@ alaska.gov Phone: (907) 543 -22.90 01 0) ENERGY EFFICIENCY AND The AHFC operates an extensive array of programs for individuals and non - profit organizations in the areas of residential housing and energy efficiency. ' AIDEA is a public corporation that provides debt and investment financing to large and small projects. AIDEA employs a number of different financing options including loan participation. new markets tax credits, bond financing and AEA is the lead agency in the state in conducting business and community based energy programs. A new program is the Energy Efficiency and Conservation Program that helps business. reduce their energy costs. Stacy Scl =uhert Director, Governmental Relations and Public Affairs 907- 330 -8445 sschubert ©ahfc.us Michael Catsi Develops -ant Manager 907-771-3060 mcatsi;>aidea.org . Sean Skaling Project Manager 907-771-3.079 sskaling @aidea.org The Alaska SBDC provides one -on -one confidential technical assistance to business start- -ups and expansion projects. The SBDC has offices in Bethel, Soklotna, and a statewide office in Anchorage • HOW :TO APPLY'f.CONTAC t . :` Bethel SBDC Fran Reici, Director fran. reich(aksbdc.org Phone (907) 5434)256 Kenai Per•insula SBDC: Bryan Zak, Director Phone (9C7) 260 - 5629 Alaska SBDC Isaac Vanderburg, Assoc. Dir. isaac.vanderburg @aksbdc.org Phone (907) 274- 7232 THIS PAGE IS INTENTIONALLY LEFT BLANK COUNCIL PACKET DISTRIBUTION MAKE 18 PACKETS Mayor ' -- Council - 3 packets Clerk City Manager CrAt-torney- Finance - Library fr:. Fire De- aartment %` Cunnin_ham Kebschull Student Rep. pC. Hall Binder Schmidt KSRM [ Mellish ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. KSRM, Mellish Its Schmidt pick up their packets in the Clerk's Office. NOTICE OF PUBLIC HEARING OCTOBER 3, 2012 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2651 -2012 -- Waiving Certain Leasing Provisions Imposed by Kenai Municipal Code Sections 21.10.100, 21.10.170, and 21.10.090; Determining the Lease Term, and Approving the Form of Lease with Respect to Lot 7a -1, Block 2, FBO Subdivision, Located within the Airport Reserve, to the Federal Aviation Administration for the Use of an Automated Flight Service Station. 2. Ordinance No. 2652 -2012 -- Amending Kenai Municipal Code Section 14.20.320, "Definitions," to Provide Definitions for Uses Listed in KMC 14.22.010, "Land Use Table" and to Replace the Definition of Boarding House to Better Define Boarding House in KMC 14.22.010, "Land Use Table." 3. Resolution No. 2012 -55 -- Authorizing the City Manager to Accept a Donation, on Behalf of the City, of Four Parcels of Property Described as Lot 5, Block 11; Lot 9, Block 11; Lot 5, Block 12; and Lot 5, Block 8, Original Townsite of Kenai, Kenai, Alaska From Nancy J. Peck, for the Public Purpose of Including the Properties in the Dunes Restoration Project and Determining That the Public Interest Will Not be Served by an Appraisal. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions a be amended by the Council prior to adoption without further public notice. a hvlodig �• MC Cry' lerk Posted: September 28, 2012 OCTOBER 3, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET AGENDA REQUESTED BY: Add To: Call to Order Mayor • Proclamation Presentation "Breast Cancer Awareness Month - October 2012" CONSENT AGENDA None CITY OF KENAI, ALAS PROCLA TION WHEREAS, breast cancer touches the lives of individuals in every community and although great strides in combating this devastating illness have been made, more than 200,000 women will be diagnosed with breast cancer this year; and WHEREAS, though the exact causes of breast cancer are unknown, understanding its risk factors is essential to prevention. Older women and those who have a personal or family history of breast cancer are among those at greater risk of developing the illness; and WHEREAS, early detection is KEY in the fight against breast cancer. Getting recommended screening mammograms help to detect breast cancer early; and WHEREAS, this month, we stand with the mothers, daughters, sisters, aunts, and friends who have been affected by breast cancer, and we recognize the ongoing efforts of dedicated advocates, researchers, and health care providers who strive each day to defeat this terrible disease. In memory of the loved ones we have lost and inspired by the resilience of those living with the disease, let us strengthen our resolve towards a future free from breast cancer. NOW, THEREFORE, I, PAT PORTER, MAYOR OF THE CITY OF KENAI, ALASKA, hereby proclaim October 2012 as Breast Cancer Awareness Month in the City of Kenai and encourage our residents to join in activities that will increase awareness of what can be done to prevent breast cancer. DATED: This third day of October, 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, Kenai City Clerk Inlet Fish Producers, Inc. PO Box 114 Kenai, Alaska 99611 (907) 283 -9275 FAX (907) 283 -4097 October 3, 2012 Alaska Oil & Gas Conservation Commission 333 W 7th Avenue, Suite 100 Anchorage, Alaska 99501 Commission Chair Cathy P. Foerster Commissioner John K. Norman Commissioner Daniel T. Seamount, Jr. Storage Injection Order 9 (Cook Inlet Natural Gas Storage Alaska, LLC's natural gas storage facility located in Kenai, Alaska): Dissolved Methane T- t R l.. f Kenai Processing Plant Well Water Dear Commissioners: Pursuant to a court order from Judge Bauman (Superior Court Kenai), CINGSA performed water quality tests on 14 water wells located within the surface projection area of the CINGSA gas storage reservoir in Kenai. Three of the 14 water wells which were tested were located on our plant premises. We received the test results in late May of 2012. The levels of dissolved methane in the three wells that were tested on our property were: Well 1 Well 2 Well 3 820 micrograms per liter 62 micrograms per liter 216 micrograms per liter After some amount of research, we understood that this level of dissolved methane did not represent a health or safety hazard. However, we were interested to find out if these amounts were in a normal range compared to the other 11 wells that were tested by CINGSA pursuant to Judge Bauman's order. We were surprised to find out that the amount of dissolved methane in 10 of the 11 other wells tested at zero, or undetectable amounts below 3 micrograms per liter. Only one other water well registered detectable amounts of dissolved methane - and that well recorded an average of 15 micrograms per liter. This means that the most extreme measurement - 820 micrograms per liter from our Kenai plant Well 1 - was 55 times the amount measured in the only well not on our property which showed measurable amounts of dissolved methane. So we have a very anomalous situation where our dissolved methane numbers are extremely high compared to all of the other wells which were tested in the CINGSA gas storage reservoir vertical surface projection area. Of course, we are considering whether these relatively high amounts of dissolved methane may be related to the presence of the KU 13-08 abandoned well on our plant property. There is some reasonable conjecture that the KU 13-08 well could act as a vertical migration conduit for natural gas which would otherwise be working its way to the surface more slowly by other natural means over time, It is also significant to note that the extremely high reading of 820 micrograms per liter was taken from the well on our property (Well 1) that is located only 80 feet from the KU 13-08 well. It is also noteworthy that the measured amounts of methane in Well 2 and Well 3 drop as each well's distance from the KU 13-08 well increases (160 feet and 200 feet). It is important to note that these dissolved methane measurements were taken before CINGSA commenced any significant levels of gas injection into the reservoir. Thus it is safe to assume that the levels of dissolved methane were related to conditions prior to the commencement of the CINGSA gas storage operation. It does indicate that there may be some sort of special geological characteristics that result in dissolved methane readings in our water supply that are 50 or more times greater than all of the other wells tested by CINGSA in the surrounding area. We believe that those special geological characteristics are most likely related to the K1113-08 well. As you are well aware, abandoned wells provide potential vertical migration conduits for natural gas. The KU 13-08 well may have provided a means for very small amounts of gas to escape from the Sterling C reservoir (or possibly from areas above the Sterling C). Based on the materials balance analysis for the Cannery Loop Sterling C reservoir, it can be shown that large amounts of gas did not escape from the Sterling C reservoir prior to the commencement of commercial gas withdrawals in the year 2000. However, it is also possible that the KU 13-08 well has provided a means for small amounts of gas to escape over an extended period since the well was abandoned in 1964. (All of the gas leaks in the Playa del Rey field in southern California were below levels that could be measured by a materials balance analysis; they were, nonetheless, the cause for the closure and abandonment of the Playa del Rey field.) It seems clear to us (and to the experts with whom we have consulted) that there is no other logical explanation for the apparently anomalous gas methane levels in our water wells (when compared to the group of 11 other wells that were scattered throughout the CINGSA gas storage area). We asked CINGSA to provide us some logical and scientific explanation for these relatively high dissolved methane readings in our well water that would not be related to the presence of the KU 13-08 well. Surprisingly, CINGSA proposes that the high levels of dissolved methane in our well water are most probably related to the fact that we dispose of fish processing waste by grinding it and disposing of it in an EPA-approved mixing zone in the Kenai River immediately adjacent to our plant. They posit that the dissolved methane is the result of the fish waste rotting and thereby producing methane, and that the methane thereby produced "naturally percolates downward" into the water aquifers below our plant. (Please see the attached email exchanges with CINGSA for a full description of CINGSA's remarkable contribution to scientific understanding of the nature and source of dissolved methane in subsurface water aquifers.) We believe that the CINGSA theory of fish waste produced methane percolating down into the water aquifers demonstrates that CINGSA has no serious interest in exploring the reasons for the high levels of dissolved methane in our Kenai plant well water. We hope and trust that the AOGCC will take a more scientifically curious position on this matter, and would direct that further investigation be made. Can the AOGCC provide a theory for the apparent high degree of disparity between the dissolved methane in our plant water and the measurements taken at the other 11 wells contained within the surface projection footprint of the CINGSA storage reservoir? Here is what we would propose that could be done in the future to allow a proper analysis of this potential problem: 1) Dissolved methane analysis. Continue testing of our well water for dissolved methane content. It would be especially important to be able to document if there is any significant increase in the amount of dissolved methane as the CINGSA gas storage facility continues to operate in future years. 2) Gas chromatography. I have been informed that gas chromatography tests, even on quantities as insignificant as 800 micrograms per liter, could indicate the source of the natural gas in our well water. It would certainly be able to distinguish between methane produced from fish waste vs biogenic gas produced naturally through coal gasification. Gas chromatography tests may also be able to determine whether the gas is related to recently generated biogenic gas from coal deposits beneath our plant or if the gas is from the Cannery Loop Sterling A, B or C sands. 3) Soil gas testing on the Kenai plant property. Our water aquifers are only 120 feet below the surface. If small amounts of gas have been entering our aquifers (via the KU 13-08 well) over a number of years (presumably since 1964), there should be measurable quantities of surface soil gas at or near the location of the KU 13-08 wellhead. It would seem logical and prudent to determine if the amount of soil gas on our plant property is anomalous to the same degree that the measured amounts of dissolved methane appear to be. We would appreciate it if the AOGCC could take responsibility to be certain that any scientific information derived from these three proposed testing regimes would be valid and useful for future oversight of the CINGSA operation. We would therefore propose that the AOGCC direct that such testing be performed by CINGSA and that the AOGCC will review and provide scientific oversight in relation to the testing procedures and analysis of the test results. We will look forward to your response. We would hope that it could include your independent analysis of the reasons for the high incidence of dissolved methane in our well water, and that you can direct the further scientific testing as proposed above. Sincerely, Vincent L Goddard President and Owner Inlet Fish Producers, Inc. and Wild Pacific Salmon, Inc. Enc: Well water test results (Wells 1, 2, and 3 at the IFP Kenai plant) Email exchanges with CINGSA (May-June 2012) Cc: Mr. Matt Findley Mr. Michael Stehle PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA iss: Denise Reece being first duly sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #99490 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day following dates: October 1, 2012 in the issues on the X SUBSCRIBED AND SWORN to me before 3rd day of October 2012 AGENDA COUNCIL - REGULAR MEETING OCTOBER 3, 2012 7:00 P.M. KENAI. CITY COUNCIL CHAM 210 FIDALGO AVE., KENAI, AKl CALL TO ORDER SCHEDULED PUBLIC COMMENTS -(Pu (10) minutes per speaker) '. 1. Vincent Goddard - Water Analysii.. Producers Inc. Plant Property Site. _..'.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes pe speaker,' thirty (30) minutes aggregated 1. Ordinance No. 2651 -2012 - Waiving Certain Leasing Provisions'. Imposed by Kenai Municipal Code Sections 21.10.100, 2110:170, and 21.10.090, Determining the Lease Term, and Approving the Form of Lease with Respect to Lot 7a -1, Block 2, FBO Subdivision, Located within the Airport Reserve, to the Federal Aviation Administration for the Use of an Automated Flight Service Station. 2. Ordinance No 2652 -2012 -- Amending Kenai Municipal Code Section 14 :20.320, 'Definitions,' to Pmvide Definitions for Uses Listed In KMC 14122010, "Land Use Table' and to Replace the Definition of Boarding House to Better Define Boarding House in KMC 1422.010,... 'Land Use Table" Resolution No. 2012-55 -- Authorizing the City Manager to Accept a Donation on Behalf of the City; of Four Parcels of Property as Lot 5, Block 11, Lot 9, Block 11, Lot 5, Block 12; and Lot 5, Block 8, Original Townsite of Kenai, Kenai, Alaska From Nancy J:: -.. Peck, for the Public Purpose of including the Properties in the Dunes Restoration Project and Determining That the Public Interest Will Not be Served by an Appraisal. E. MINUTES 1 *Regular Meeting of September F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action/Approval - -Bills to be Ratified 2. ActionlApprovaI Mayoral Nomination and Council Confir of Jake Arness to the Planning and Zoning Commission 3. Discussion/Action - Set Board of Adjustment Hearing Date -.. Appeal of. Condemnation Order of August 21, 2012, by Larry Floyd,I City of Kenai Building Inspector, of Mobile Horne(s) located at 5125)5120 Silver Salmon Wive, Kenai, Alaska, in SPC 44, Tract B,'. Highland Pride Park, Highland Subdivision. COMMISSION /COMMITTEE REPORTS REPORT OF THE MAYOR ADMINISTRATION REPORTS ADDITIONAL PUBLIC COMMENT 1 Citizens Comments (Public comp per speaker) 2. Council Comm _. EXECUTIVE SESSION -- Regarding Matters the immediate Knowled of Which Would Clearly Have an Adverse Effect Upon the Finances' of the. City [AS 44.62:310] -- Potential Land and Property Purchase M. PENDING ITEMS -- None N. ADJOURNMENT The public is invited to attend and participate. Additional information is available through the GIty Clerks office or by visiting our website at f tto.lwww.ci.kenai.ak.us. NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 27-Aug -16 �Q' E R USS4 NOTARY CD rUDLIC Qr -p, OF PAX Sandra Modigh, CMC, City Clerk.