Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2013-07-03 Council Packet
COUNCIL PACKET DISTRIBUTION MAKE 17 PACKETS Council Meeting Date: Mayor Council - 3 Packets Clerk City Manager Library City Attorne y Fire Department bC Finance Cunningham p� Kebschull Schmidt =Y Student Rep. KSRM Hall Binder Mellish ELECTRONIC COPY NOTICE D( Send out notice to Council and All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. JULY 3, 2013 REGULAR COUNCIL MEETING REQUESTED ADDITIONS TO THE PACKET ADD TO: Items D.6 Resolution No. 2013 -52: • Correspondence from Carol Freas Items D.9 Resolutions 2013 -55 • Correspondence from Kathleen Martin • Memorandum from City Manager Koch REQUESTED BY: City Clerk City Clerk City Clerk Sandra Modigh From: clfreas @acsalaska.net Sent: Wednesday, July 03, 2013 11:28 AM To: Sandra Modigh Subject: Resolution No. 2013 -52 Attachments: untitled- [1.2]; untitled -[2] Please add the following to the July 3, 2013 council packet at Item D -6, Resolution No. 2013 -52. Thank you. Mayor and Councilmembers, Following are my comments related to proposed Resolution No. 2013 -52: -- I appreciate the attention given to preparing Resolution No. 2013 -52 to update references to &Idquo;councilmen /councilman, man and men ” throughout the Charter, however I question why now. -- The Kenai City Charter is the city’s constitution and is 50 years old. We recognize it could do with review and perhaps amending throughout. However, changing masculine references within the Charter to gender neutral is not an immediate need. -- Instead of piece - mealing updates to the Charter in separate questions to the voters, establish a Charter Review Commission to study, analyze, and evaluate what amendments may be needed and then take those proposed amendments to the voters at one time. -- Consider amending Section 11-2 (b), third line from the bottom, "...the copy signed it in [HIS]the persons presence..." "Persons" is possessive. Carol L. Freas 609 Maple Drive Kenai, AK 99611 1 WINCE — CORTHELL — BRYSON Consulting Engineers Box 1041 Kenai, Alaska 99611 Phone 907 - 283 -4672 Fax 907 - 283 -4676 E -Mail cmaddenna,wcbalaska.com TO: Ed and Kathy FROM: Casey Madden SUBJECT: Requested opinion of Dl versus graded gravel DATE: July 1, 2013 Following are my thoughts and opinion of using D1 instead of a good, well graded, screened 2 inch minus gravel for surfacing. The City Code requires "City approved gravel" Gravel by definition, is a naturally formed aggregate DI is a manufactured aggregate and has significant cost to manufacture Is D 1 better? For some aspects yes. others no 2. Is 2 inch screened gravel suitable? Yes and has been the norm throughout the area 3. Will maintenance cost be reduced? Doubtful, the streets will probably still require grading 2 -3 times a summer and calcium chlorided the same 4. Will the D1 be available as a paving base 10 -20- 30 years from now? No, what isn't lost to the ditches will be too contaminated to utilize as a paving base Is the Cost to Benefit ratio attractive? Definitely not, the cost will add over $1000, on the average, to each lot and makes it difficult to compete with similar developments outside the City. 6. Would I recommend crushed aggregate for a surface course? Not normally but I have in the past but specified C1 which is a 1 1/2 inch crushed aggregate as it is a tougher surface course , drains better, and provides less dust. As well as does not track in on shoes as bad a s the sandier D 1 Like I said above these issues are just my personal take on the issue but I think what it does FOR the project and what it does TO you is the points you should try and press home Philip W. Bryson PE (retired) Alan N. Corthell PE Frank W. Wince PE (Deceased)) Mark E. Blanning PE E. Casey Madden PE " "V'llaye with a Past, C# with a Future" loci 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 ;�. IIIIII ��rtizG( of 1992 KENA19 ALASKA \V MEMOO TO: City Council FROM: Rick Koch, City Manager DATE: July 3, 2013 SUBJECT: Resolution 2013 -55, Kee's Tern Subdivision, Exception to Development Standards The purpose of this correspondence is to recommend Council adoption of the above referenced resolution. I suggest a clarification to the exhibit shown on page 105 of 245 of your packet. That clarification would insert "NFS" (non -frost susceptible) to the call -out for NFS Borrow so that it would read as follows: "32" NFS Borrow or Existing NFS Material" You were provided a memo from Casey Madden to Ed and Kathy Martin discussing the use of D -1 crushed aggregate base course versus 2" minus screened gravel for surfacing. Administration does not agree with certain portions of Mr. Madden's analysis. D -1 is a significantly better surfacing material for roadways than 2" minus screened material. D- 1 is to a specified gradation and requires fractured material. The well graded material, including fractured aggregate, results in a workable surface that is highly compactable and will retain moisture, especially with annual surface treatments of calcium chloride. The use of D -1 will lower maintenance efforts and costs from what is expected from using 2" screened gravel The 2' screened gravel is susceptible to "potholing" and "washboarding" during rainfall events to a significantly higher degree than D -1. 2" screened material is also much more susceptible to losing moisture and "falling apart" during protracted dry weather. Mr. Madden's comment that D -1 will become contaminated over time and not be able to be used as a paving base is not accurate. Future paving projects will require the existing surface to be graded and compacted, the addition of 2" of D -1 and pavement. The benefit to the City and its residents is a 10 -20 -30 year decrease in maintenance cost versus using 2" screened gravel. There is no reason the City should not require reasonable roadway standards that may be a higher standard than the minimums accepted by other jurisdictions. Thank you fort your attention in this matter. AGENDA KENAI CITY COUNCIL — REGULAR MEETING JULY 3, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 httg://www.ci.kenai.ak.us 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. Sara Pozonsky, Lake and Peninsula Airlines — City of Kenai Airport Parking 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. 2711 -2013 — Appropriating $370,590 in the Airport Fund and City Shop Construction Capital Project Fund, All for the New City Shop Construction Project............................................................................................ .............................Pg 5 2. Resolution No. 2013 -48 — Approving the Leases of Airport Reserve Lands between the City of Kenai and James H. Doyle D /B /A Weaver Brothers, Inc. for Tract A, Gusty Subdivision and Tract B, Gusty Subdivision, Located on the Kenai MunicipalAirport ............................................................................. .............................Pg 9 3. Resolution No. 2013 -49 — Authorizing Award of a Contract for the Kenai Municipal Airport 2013 Obstruction Tree Removal Project ............ ............................... Pg 77 4. Resolution No. 2013 -50 — Authorizing a Budget Transfer within the Personal Use Fishery Fund — Parks, Recreation & Beautification Department ........................... Pg 81 5. Resolution No. 2013 -51 — Awarding a Contract to Peninsula Pumping, Inc. for Portable Restrooms and Dumpster Rental and Service for the Upcoming Personal Use Fishery for the Total Amount Up to $74, 314 ........... ............................... Pg 85 6. Resolution No. 2013 -52 — Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 1, 2013, the Question of Amending the Charter of the City of Kenai to Remove Gender Specific References................................................................................... ............................... Pg 87 7. Resolution No. 2013 -53 — Awarding a Contract for the Construction of the Vehicle Maintenance Facility Base Bid and Additive Alternate Number One to Blazy Construction, Inc. for an Estimated Total Cost of $3, 938, 900 ............................. Pg 99 E. F H. 8. Resolution No. 2013 -54 — Awarding a Contract for the Construction of Kenai Asphalt and Concrete Improvements 2013 Base Bid and Additive Alternate Number One to North Star Paving and Construction, Inc. for an Estimated Total Costof $99, 615 ............................................................................ ............................... Pg 101 9. Resolution No. 2013- 55 — Granting Road Development Standard Exceptions to KMC 14.10.080, Minimum Improvements Required, for Kee's Tern Subdivision Pursuant to KMC 14.10.090, Variations and Exceptions ............... ............................... Pg 103 10. Resolution No. 2013 -56 — Recommending that Tustumena Street be Renamed toMudhen Drive ............................................................................. .............................Pg 181 MINUTES 1. 'Regular Meeting of June 19, 2013 2. 'Special Meeting of June 24, 2013 3. `Special Meeting of June 26, 2013 UNFINISHED BUSINESS NEW BUSINESS ..Pg 187 ..Pg 203 ..Pg 205 1. Action /Approval — Bills to be Ratified ............................................ .............................Pg 207 2. Action /Approval — Purchase Orders Exceeding $15, 000 .............. .............................Pg 209 3. 'Ordinance No. 2712 -2013 — Amending the Official Kenai Zoning Map by Rezoning Tract A, Killen Estates, Richmond Addition from a Split Zone Rural Residential (RR) and Suburban Residential (RS) to Rural Residential (RR) Only........ Pg 211 4. 'Ordinance No. 2713 -2013 — Increasing General Fund Estimated Revenues and Appropriations by $62,100 for the Installation of New Siding on the Kenai Senior Center............................................................................................ .............................Pg 229 COMMISSION /COMMITTEE REPORTS 1. Council on Aging .......................................................................... ............................... Pg 233 2. Airport Commission 3. Harbor Commission Page 2 of 3 City of Kenai Council Meeting Agenda July 3, 2013 4. Library Commission 5. Parks and Recreation Commission ............................................................ .................. Pg 235 6. Planning and Zoning Commission ................................................ ............................... Pg 237 7. Beautification Committee 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager .................................................................................. .............................Pg 243 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 — None. M. PENDING ITEMS — None N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 245 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. .;ity of Kenai Council Meeting Agenda Page 3 of 3 July 3, 2013 THIS PAGE IS INTENTIONALLY LEFT BLANK Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2711 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING $370,590 IN THE AIRPORT FUND AND CITY SHOP CONSTRUCTION CAPITAL PROJECT FUND, ALL FOR THE NEW CITY SHOP CONSTRUCTION PROJECT. WHEREAS, the City is in the process of constructing a new City Shop and maintenance facility for the maintenance of all City vehicle and equipment including the equipment of the Kenai Municipal Airport; and WHEREAS, Federal Aviation Administration (FAA) regulations allow FAA participation in the construction costs of facilities that will be used for maintenance of airport related equipment; and WHEREAS, the FAA participation is determined by a formula using the square footage required for maintenance of the largest piece of airport equipment to be serviced; and WHEREAS, upon approval of the project by the FAA and using the FAA's funding formula the City's Shop Construction project is eligible for FAA participation of $347,428, the accompanying State of Alaska matching funds of $11,581, and will require local contribution from the Airport of $11,581; and WHEREAS, participation by the FAA, State of Alaska, and the Kenai Municipal Airport in the construction costs of the new City shop is appropriate given the maintenance activity performed on airport equipment by the City Shop and is in the best interest of the City, its citizens, and the Kenai Municipal Airport; and, WHEREAS, upon approval of the project and issuance of a grant by the FAA and the State of Alaska $359,009 will be refunded to the Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form. That this is a non -code ordinance. Section 2. That estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 70 5 0 Increase Appropriations: Transfer to City Shop Construction Capital Project Fund $370.590 Page 5 of 245 Ordinance 2711 -2013 Page 2 of 2 City Shop Construction Capital Project Fund Increase Estimated Revenues: Transfer From Airport Fund $370.5 99 Increase Appropriations: City Shop Construction $370 5 0 Section 3. That pursuant to KMC 1.15.070(1) this Ordinance shall take effect immediately upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: June 19, 2013 Enacted: July 3, 2013 Effective: July 3, 2013 New Text. Underlined; JDELETED TEXT BRACKETED] Page 6 of 245 M l/'llaye with a Past, Ci� wdh a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIIIIt 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: June 19, 2013 SUBJECT: Ordinance No. 2711 -2013 The purpose of this correspondence is to respectfully request that a lay -down for the above referenced ordinance for introduction be added to your agenda. By introducing this ordinance at this meeting, the award of the contract for construction of the City's new shop will be able to be considered at the next City Council meeting. Administration believed that FAA share of project funding would have been available by this time. This ordinance will allow the City to move to accelerate by two weeks the construction contract award. Given the scope of this project, the erection of the building will take place in the fall /winter time frame and two weeks of tenting and heating is potentially an expensive undertaking. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Page 7 of 245 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 8 of 245 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE LEASES OF AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND JAMES H. DOYLE D /B /A WEAVER BROTHERS, INC. FOR TRACT A, GUSTY SUBDIVISION AND TRACT B, GUSTY SUBDIVISION, LOCATED ON THE KENAI MUNICIPAL AIRPORT. WHEREAS, James H. Doyle d /b /a Weaver Brothers, Inc. submitted applications to lease Tract A, Gusty Subdivision and Tract B Gusty Subdivision, which are City- owned properties located in the Airport Reserve; and, WHEREAS, the Airport Commission and the Planning & Zoning Commission reviewed the lease applications and recommended the City Manager approve the applications; and, WHEREAS, KMC 21.10.150 (b) allows the City Manager to enter into a land lease that deviates from the standard lease form if the Manager believes the action is in the best interest of the City, the lease is approved as to form by the City Attorney, and the lease is approved by resolution of the City Council; and, WHEREAS, it is in the best interest of the City of Kenai to deviate from the standard lease form approved by Resolution 2007 -06 by adding paragraph C under Article II, Term & Holdover, to reserve the City's right to cancel the lease with 90 -days notice, and amending Article V, Adjustment of Rent and Fees, so that rent is renegotiated in years ending in zero and five, and the City Attorney has approved the amended Lease as to form. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Lease of Airport Reserve Lands between the City of Kenai and James H. Doyle D /B /A Weaver Brothers, Inc. for Tract A, Gusty Subdivision and the Lease of Airport Reserve Lands between the City of Kenai and James H. Doyle D /B /A Weaver Brothers, Inc. for Tract B, Gusty Subdivision are approved. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 9 of 245 MEMO: "Villaye with a Past, Gc�l with a fidtire" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us Kenai k"41 aerYne�acn, 'VIII 2011 n h TO: Kenai City Council 1111 THROUGH: Rick Koch, City Manager \FROM: Christine Cunningham, Assistant to City Manager DATE: June 25, 2013 SUBJECT: Resolution No. 2013 -48 - James H. Doyle Lease(s) - Tracts A & B The purpose of this memo is to provide additional information in support of Resolution No 2013 -48. James H. Doyle has leased the referenced properties since 1984 for a parking area for trailers and wishes to continue to lease these properties for a term of five years for the same purpose. The parcels are within the Airport Reserve and shown on the attached map. The current leases allow the City to cancel the lease with ninety (90) day's written notice. Mr. Doyle does not object to the cancellation clause remaining in the Lease and is in compliance with both the City and the Borough. The City Manager referred the applications to the Airport and Planning & Zoning Commissions for review and comment. The Airport Commission recommended approval of the lease applications at its June 13 meeting. The Planning & Zoning Commission found that the lease was in compliance with the Zoning Ordinance and the Comprehensive Plan and recommended approval of the lease applications at its June 12 meeting. The City Manager concurred with the recommendations of the Commissions and recommends entering into a lease that includes a 90 -day cancellation clause as well as a rent renegotiation cycle that conforms to the rent renegotiation cycle of other Kenai Municipal Airport leases. A deviation from the standard lease form requires the approval of the City Council, The City Attorney has approved the attached Lease(s) as to form, and if Council passes Resolution No. 2013 -48, the Lease(s) may be executed by the parties. Attachments cc: James H. Doyle, Weaver Brothers, Inc. Page 10 of 245 James H. Doyle Lease Application Tracts A and B, Gustv Subdivisinn Page 11 of 245 KENAI MUNICIPAL AIRPORT LEASE OF AIRPORT RESERVE LANDS THIS LEASE AGREEMENT entered into this day of 12003, by and between the CITY OF KENAI, ( "City ") 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, and JAMES H. DOYLE, individually, d/b /a WEAVER BROTHERS, INC. ( "Lessee ") whose address is P.O. Box 582, Kenai, Alaska 99611. DEFINITIONS For the purposes of this Lease the following terms are defined as follows: 1. Airport - the Kenai Municipal Airport, including all the runways, taxiways, aprons, water lanes, water taxiways, and all City -owned real estate located within the boundaries of the Airport Reserve as defined in KMC 21.05.010-020. 2. Airport Manager — the official to whom the City Manager of the City has delegated the authority and responsibility of managing and directing the activities of the Airport. "Airport Manager" includes that person's authorized representative. 3. City - the City of Kenai, Alaska, a home rule municipal corporation of Alaska. 4. City Manager - the official to whom the Kenai City Council has delegated the responsibility of managing and directing all activities of the City. 5. Contamination - the unpermitted presence of any released Hazardous Substance. 6. Environmental Law - any applicable federal, state, or local statute, law, regulation, ordinance, code, permit, order, decision, judgment of any governmental entity relating to environmental matters, including littering and dumping. FAA — the abbreviation for the Federal Aviation Administration. 8. Hazardous Substance - any substance that is defined under an Environmental Law as hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil. LEASE OF AIRPORT LANDS Page 1 of 32 Page 12 of 245 City: Lessee: 9. KMC — the abbreviation for the Kenai Municipal Code. 10. Permanent Improvement - a fixed addition or change to land that is not temporary or portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank, and well. ARTICLE I PREMISES LEASED A. PREMISES: In consideration of Lessee's payment of the rents and performance of all the covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the City, the following described property ("Premises ") in the Kenai Recording District, Third Judicial District, State of Alaska and located on the Airport; to wit: Tract B, Gusty Subdivision No. 6, according to Plat No. 88 -62 B. NO WARRANTY: Except as may be provided in this Lease, the City snakes no specific warranties, expressed or implied, concerning the condition of the Premises including, survey, soils, wetlands, access, and suitability or profitability for any use including those authorized by this Lease, its environmental condition, or the presence or absence of Hazardous Substances in, on, and under the surface. The Lessee takes the Premises on an "as is" basis and without warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title to the Premises. ARTICLE Il RIGHTS AND USES A. AUTHORIZED USES USE OF PREMISES: The City authorizes the Lessee to use the Premises for the following purposes only: Trailer storage 2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing, the Lessee will operate its business on the Premises on a continuous basis, uninterrupted by any period of closure over 15 consecutive days or 30 aggregate days within any 12 -month period of the terns of this lease. The Lessee will give the City written notice before closing the Lessee's business on the Premises for more than 10 consecutive days. The notice must state the reason for the closure LEASE OF AIRPORT LANDS Page 2 of 32 Page 13 of 245 City: Lessee: and the date on which the Lessee will re -open for business. This provision does not apply to any period during which the Lessee is unable to operate its business as a result of an act or directive of the City, or as a result of a closure of the Airport or loss of the Lessee's buildings on the Premises due to fire or natural disaster or order of public authority. B. RIGHTS RESERVED TO THE CITY. 1. RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others any rights and privileges not specifically granted to the Lessee on an exclusive basis. The rights and privileges granted to the Lessee in this Lease are the only rights and privileges granted to the Lessee by this Lease. 2. EASEMENTS: The City reserves the right to make grants to third parties or reserve to the City easements or rights of way through, on, or above the Premises. The City will not grant or reserve any easement or right of way that unreasonably interferes with the Lessee's authorized uses of the Premises. 3. INGRESS, EGRESS AND INSPECTION: The City reserves the right of ingress to and egress from the Premises and the right to enter any part of the Premises, including buildings, for the purpose of inspection or environmental testing at any time. Except in the case of an emergency, all inspections and environmental testing will be coordinated with the Lessee to minimize interference with the Lessee's authorized uses of the Premises. 4. RIGHT OF FLIGHT: There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight will include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from, or operation on the Airport. C. PROHIBITED USES Unless specifically authorized by this Lease or an amendment to this Lease, the following are prohibited: LEASE OF AIRPORT LANDS Page 3 of 32 Page 14 of 245 City: Lessee: Any use of the Premises other than those authorized in this Lease. 2. Any use of the Premises that is in violation of a City Ordinance or an Airport regulation. 3. The outside storage on the Premises of junk, salvage aircraft or vehicle parts, non- operational support equipment, unused or damaged equipment or material, or solid waste or debris unless allowed pursuant to a conditional use permit under KMC 14.20. 4. The disposal on the Premises or the Airport of waste materials generated by the Lessee, including any Hazardous Substance, slash, overburden, and construction waste. 5. The stripping, wasting, or removing any natural material from the Premises without the prior written approval of the City. 6. Erecting structures or allowing growth of natural objects that would constitute an obstruction to air navigation, or allowing any activity on the Premises that would interfere with or be a hazard to the flight of aircraft, or interfere with air navigation or communication facilities, serving the Airport. Any use or activity that is prohibited by applicable law or regulation. ARTICLE III TERM & HOLDOVER A. TERM: The term of this Lease is for 5 years, from the Ist day of August, 2013 to the 30t" day of July, 2018. B. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after the expiration, cancellation or termination of this Lease, the holding over will not operate as an extension of the term of this Lease, but only creates a month -to -month tenancy, regardless of any rent payments accepted by the City. The Lessee's obligations for performance under this Lease will continue during the month -to -month tenancy. The City or Lessee may terminate the Lessee's holdover with ten (10) days' advance written notice. C. CANCELLATION: Pursuant to requirements of the Federal Aviation Administration, the City reserves the right to cancel this lease on 90 -days notice, either delivered in person to the Lessee named herein or his replacement, or by mail to the address set out above. Any or all personal or real property shall be removed at Lessee's LEASE OF AIRPORT LANDS i Page 4 of 32 Page 15 of 245 City: Lessee: expense upon cancellation or termination of this agreement ARTICLE IV RENTS AND FEES A. RENT: The rent for the Premises is $687.91 per year, as established by the City pursuant KMC 21. 10.100 and as subject to adjustment under Article V of this Lease, plus applicable sales tax. The rent shall be payable annually in advance of the first day of each year of the term of this Lease. All payments required by this Lease must be made in U.S. dollars. If the annual rent exceeds $2,400, the Lessee may, upon written notice to the City, choose to pay the rent in equal monthly installments, payable in advance on or before the anniversary date of the term of this Lease and thereafter at monthly intervals. No conversion of the payment schedule from annual to monthly shall result in the City receiving less rent than it would have received had the conversion not taken place. B. RENT PRORATED: Rental for any period less than one (1) year shall be prorated on the basis of the rent payable under this Lease in the last full year previous to the prorating. C. ADDITIONAL RENT: In addition to the rent specified in (A) of this Article, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as follows: Taxes pertaining to the leasehold interest of the Lessee. 2. Sales tax now enforced or levied in the future, computed upon rent payable in monthly installments whether the Lessee pays rent under this Lease on a monthly or annual basis. 3. All taxes and assessments levied in the future by the City, as if Lessee was the legal owner of record of the Premises. 4. Reimbursement for City constructed improvements under Article XV. D. PAYMENTS: The Lessee shall make checks, bank drafts, or postal money orders payable to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 or any other address the City may designate in writing to the Lessee. E. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and fees required under this Lease will accrue interest at the rate of eight percent (8.0 %) per annum. Interest on disputed amounts will not be charged to the Lessee if the dispute is resolved in the Lessee's favor. LEASE OF AIRPORT LANDS Page 5 of 32 Page 16 of 245 City: Lessee: F. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (E) of this Article, each time the Lessee fails to pay any rent or fee by the date required in this Lease, the City will charge, and the Lessee shall pay, an administrative penalty of ten percent (10.0 %) of the amount due and unpaid. G. COURTESY BILLINGS: Lessee acknowledges that any billing statement issued by the City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when due, regardless of whether or not the Lessee receives a billing statement from the City. H. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due and unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the Lessee's property, real or personal. I. PAYMENT OF CITY'S COSTS: The Lessee will pay all reasonable actual expenses, costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or protect this Lease or City's rights under this Lease, including any expense incurred with respect to environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease, the Premises, or improvements or personal property on the Premises. The Lessee will make' payment within 30 days of the date of each notice from City of any amounts payable under this provision. J. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable fee for any special services or facilities the City agrees to perform, which the City is not otherwise obligated by this Lease to provide and which the Lessee requests from the City in writing. ARTICLE V ADJUSTMENT OF RENT AND FEES A. RENT OR FEE ADJUSTMENT: At intervals of approximately five (5) years, the City shall, in its sole discretion, adjust the rent or a fee payable by the Lessee under Article IV or other provision of this lease. The first rent adjustment shall be made in 2015. The amount to which the City increases or decreases any rent or fee shall be established in accordance with KMC 21.10.100 and 21.10.160. Any rent change by the City shall be based on the fair market value of: The Premises in its condition on the tern beginning date stated in Article III or in the case of a lease renewal or extension, the beginning date for the original lease; plus LEASE OF AIRPORT LANDS Page 6 of 32 Page 17 of 245 City; Lessee: 2. Any improvements made by the City subsequent to that date, the cost of which is not reimbursed by the Lessee. No rent or fee change shall be effective until 30 days after the date of the City's written notice to the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent for the Premises, the Lessee may appeal the rent change to the City under KMC 21.10.160. B. CITY - CONSTRUCTED IMPROVEMENTS: Improvements constructed by the City on, or in connection with, the Premises shall not be considered a part of the Premises for the purpose of establishing the rent under (a) of this Article, if the Lessee, as a condition of this lease, reimburses the City for the City's construction costs pursuant to KMC 21.10.110. ARTICLE VI ASSIGNMENT & SUBLETTING A. INVALID WITHOUT CITY'S CONSENT: The Lessee may not assign, sublet, or grant a security interest in, by grant or implication, the whole or any part of this Lease, the Premises, or any improvement on the Premises without the written consent of the City. Any proposed assignment, sublease, or security interest must be written and must be submitted to the City bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft documents for the City's conceptual review. However, the City's conceptual approval of a draft document may not be construed as the City's consent to any assignment, sublease, or security interest. All provisions in this Lease extend to and bind the assignees and sublessees of the Lessee. B. NO WAIVER OF CONSENT: The City's consent to one assignment, sublease, or security interest will not waive the requirement for the Lessee to obtain the City's consent to any other assignment, sublease, or security interest. C. ASSIGNEE / LESSEE OBLIGATIONS: An assignment must include a provision stating that the assignee accepts responsibility for all of the assignor's (Lessee's) obligations under this Lease, including environmental liability and responsibility. However, unless the City specifically releases the Lessee in writing, the City may hold the Lessee responsible for performing any obligation under this lease which an assignee fails to perform. D. OCCUPANCY BEFORE CITY CONSENT: An assignee or sublessee may not occupy the Premises before the City consents to the assignment or sublease in writing. E. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an assignment or a sublease, the terms of this Lease control. LEASE OF AIRPORT LANDS Page 7 of 32 Page 18 of 245 City: Lessee: r. F. LESSEE NOT RELIEVED OF OBLIGATIONS: The City's consent to any sublease does not relieve or otherwise alter the Lessee's obligations under this Lease. G. SECURITY ASSIGNMENTS AND FINANCING: Subject to the requirements of (A) of this Article V1, the Lessee may assign a security interest in this Lease. The security interest may be in the form of a mortgage, deed of trust, assignment or other appropriate instrument, provided: a. the security interest pertains only to the Lessee's leasehold interest; b. the security interest does not pertain to or create any interest in City's title to the Premises; and c. the documents providing for the security interest are acceptable to the City. 2. If the assignment of a security interest to which the City has consented shall be held by an established lending or financial institution, including a bank, an established insurance company and qualified pension or profit sharing trust, and the lending institution acquires the Lessee's interest in this Lease as a result of a foreclosure action or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, the lending institution may transfer its interest in this Lease to a nominee or a wholly owned subsidiary corporation with the prior written consent of the City, provided, the transferee assumes all of the covenants and conditions required to be performed by the Lessee (including payment of any monies owed by Lessee to the City under the lease). In the event of such a transfer, the lending institution shall be relieved of any further liability under this Lessee. A holder of a security interest in this Lease consented to by the City shall have, and be subrogated to, any and all rights of the Lessee with respect to the curing of any default of this Lease by Lessee. 4. If, before any default has occurred in the Lease, the holder of a security interest in this Lease consented to by the City gives the City a written notice of the holder's post office address, the City shall thereafter a. by regular U.S. mail, send to the holder a copy of each notice of default at the same time as the City gives notice of default to the Lessee; and LEASE OF AIRPORT LANDS Page 8 of 32 Page 19 of 245 City: Lessee: b not accept any surrender or enter into any modification of this Lease without the prior written consent of the holder, which the holder shall not unreasonably delay or withhold.. 5. The City will enter into a new lease of the Premises with the holder of a security interest consented to by the City, if the City terminates this Lease prior to its normal expiration due to a default by the Lessee. The new lease shall be for the remainder of the tern of this Lease and shall be effective as of the termination of this Lease. The City's grant of the new lease shall be subject to the following conditions: a. the new lease shall be effective on the date this Lease is terminated; b. the new lease shall be for the same rent, additional rent, and covenants as this Lease; C. By no later than the twentieth (20t') day following the termination of this Lease, the security holder must submit a written request to the City for the new lease, together with payment of all rent, additional rent and other sums then due to the City under this Lease. d. The security holder shall pay to the City, at the time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such termination, and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. e. The security holder shall, on or before the execution of the new lease, perform all the other obligations of the Lessee under this Lease to the extent the Lessee failed to perform them prior to the termination of this Lease. 6. A holder of a security interest consented to by the City that takes possession of this Lease or enters into a new lease with the City shall not be released from the obligations and liabilities of this Lease or the new lease unless the holder assigns its leasehold estate to an assignee who is financially capable and otherwise qualified to undertake to perform and observe the conditions of this Lease or the new lease and the City consents to the assignment. The City's consent will not be unreasonably withheld. If the security holder asserts that the City is unreasonably LEASE OF AIRPORT LANDS Page 9 of 32 Page 20 of 245 City: Lessee: withholding its consent to a proposed assignment, the dispute shall be resolved by arbitration. ARTICLE VII MAINTENANCE, SNOW REMOVAL & UTILITIES A. MAINTENANCE I. At no cost to the City, the Lessee will keep the Premises and all improvements on the Premises clean, neat and presentable, as reasonably determined by the City. 2.. At no cost to the City, the Lessee will provide for all maintenance and services at the Premises as may be necessary to facilitate the Lessee's compliance with this Lease and the Lessee's use of the Premises. 3. The Lessee shall comply with all regulations or ordinances of the City that are Promulgated for the promotion of sanitation. At no cost to the City, the Lessee shall keep the Premises in a clean and sanitary condition, and control activities on the Premises to prevent the pollution of water. 4. The Lessee agrees to comply with all decisions and directions of the City's Airport Manager regarding maintenance and operation of the Airport, and the use of the Airport by the Lessee. B. SNOW REMOVAL At no cost to the City, the Lessee is responsible for snow removal on the Premises. The Lessee shall dispose of snow in an off - Premises location approved in writing by the City or provide suitable snow storage within the boundaries of the Premises in accordance with all applicable federal and state laws. At the request of the Airport Manager, the Lessee shall submit a snow removal plan for the Premises to the Manager for review. Upon approval of the Lessee's plan by the Airport Manager, the Lessee shall conduct all snow removal operations on the Premises in accordance with the approved plan. 2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other aircraft- maneuvering surface provided for common use by others without the prior written approval of the Airport Manager. LEASE OF AIRPORT LANDS Page 10 of 32 Page 21 of 245 City: Lessee: 3. Lessee agrees to not allow an accumulation of snow on the Premises that would cause interference with adjoining leaseholders or other users of the Airport. C. UTILITIES. Unless specifically provided otherwise in this Lease, the Lessee shall, at no cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's use of the Premises. ARTICLE VIII OPERATIONS A. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its employees, guests, contractors, sublessees, and vendors that perform any activity or function authorized under this Lease shall do so in a manner that ensures the safety of people, the protection of public health and the environment, and the safety and integrity of the Airport and the Premises. B. LESSEE'S CONTROL AND RESPONSIBILITY The Lessee will assume full control and sole responsibility as between Lessee and City for the activities of the Lessee, the Lessee's personnel and employees, and anyone else acting by, on behalf of, or under the authority of the Lessee on the Airport, including the Premises. 2. The Lessee will immediately notify the City of any condition, problem, malfunction or other occurrence that threatens the safety of people or the Airport, harm to public health or the environment, or the safety or integrity of the Premises. C. RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or device that interferes with any government- operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. D. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on an airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep the Premises clean of fish slime, fish waste, or any other material that might attract birds or other wildlife. The Lessee accepts full responsibility to maintain the Premises, control operations, and take all reasonable measures to prevent a concentration of birds or other wildlife on the Premises. E. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking space on the Premises for Lessee's business or activities, or confine parking to such other places LEASE OF AIRPORT LANDS Page 11 of 32 Page 22 of 245 City: Lessee: on the Airport as may be approved or designated in writing by the Airport Manager. ARTICLE IX ENVIRONMENTAL PROVISIONS A. HAZARDOUS SUBSTANCE The Lessee will conduct it business and/or operation on the Premises in compliance with all environmental laws and permits. If hazardous substances are handled on the Premises, the Lessee agrees to have properly trained personnel and adequate procedures for safely storing, dispensing, and otherwise handling Hazardous Substances in accordance with all applicable federal, state and local laws. 2. Lessee will promptly give the City notice of proceeding to abate or settle matters relating to the presence of a Hazardous Substance on the Premises or from Lessee's operations on the Airport. The Lessee will allow the City to participate in any such proceedings. B. ENVIRONMENTAL INDEMNIFICATION If Contamination of the Premises or other property by a Hazardous Substance occurs from the Lessee's operations on the Premises the Lessee will indemnify, defend, and hold the City harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses, including, but not limited to, sums paid in settlement of claims, attorney's fees, consultant fees, and expert fees, which arise during or after the term of this Lease as a result of such Contamination. This indemnification of the City by Lessee includes, but is not limited to, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal, or restorative work required by any federal, state, or local governmental agency because of a Hazardous Substance being present in the soil or groundwater or under the Premises or other properties affected by the Contamination. C. REMEDIATION In the event of a Hazardous Substance spill on the Premises, the Lessee will immediately notify the City and the Alaska Department of Environmental Conversation and act, promptly, at its sole expense, to contain the spill, repair, any damage, absorb and clean up the spill area, and restore the Premises to a condition satisfactory to the City and otherwise comply with the applicable portions of any environmental law. LEASE OF AIRPORT LANDS l Page 12 of 32 Page 23 of 245 City: Lessee: 2. In addition to any notices required by this Lease, the Lessee will immediately notify and copy the City in writing of any of the following: A. Any permit, enforcement, clean up, lien, removal or other governmental or regulatory action instituted, completed, or threatened pursuant to an Environmental Law. B. Any claim made or threatened by any person against the Lessee or arising from the Lessee's operations authorized by this Lease, relating to damage, contribution, compensation, loss or injury resulting, from, or claimed to result from any Hazardous Substances in, on, or under the Airport; or C. Any report made by, or on behalf of, the Lessee to any environmental agency arising out of or in connection with any Hazardous Substances in, on, or removed from the Premises, including any complaints, notices, warnings, or asserted violations. 3. Remediation and restoration of the contaminated area must meet all applicable state and federal regulations and must meet the requirements of all governing regulatory authorities. D. ENVIRONMENTAL AUDIT The Lessee will provide the City with all investigative data, test results, reports , and any other information gathered or analyzed as part of or in relation to any Environmental Assessment, characterization or audit on the Premises or the Airport that Lessee performs or causes to be performed after the starting date of this Lease. The Lessee will submit the data, result, report or information to the City within 60 days following the date on which it becomes available to the Lessee. E. RELEASE OF LESSEE The City releases the Lessee from liability to the City for Contamination and the presence of Hazardous Substances that existed prior to the commencement date of this lease unless caused or materially contributed to by the Lessee. F. SURVIVAL OF OBLIGATIONS The obligations and duties of the City and Lessee under Article IX of this lease shall survive the cancellation, termination or expiration of this lease. LEASE OF AIRPORT LANDS Page 13 of 32 Page 24 of 245 City: Lessee: ARTICLE X INDEMNIFICATION & INSURANCE A. INDEMNIFICATION The Lessee will indemnify, save harmless, and defend the City, its officers, agents, and employees from and against any and all liabilities, losses, suits, administrative actions, claims, awards, judgments, fines, demands, damages, injunctive relief or penalties of any nature or kind to the full extent of the loss or obligation for property damage, personal injury, death, violation of any regulation or grant agreement, or any other injury or harm resulting from or arising out of any acts or commission of or omission by the Lessee, his agents, employees, customers, invitees or arising out of the Lessee's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. This indemnification of the City by the Lessee shall include sums paid in settlement of claims, attorney fees, consultant fees, expert fees, or other costs and expenses, directly or indirectly arising from, connected to or on account of this Lease as it relates to the Lessee, the Lessee's activities at or relating to the Airport, or any act or omission by the Lessee, or by any of its officers, employees, agents, contractors or sublessees. These indemnity obligations are in addition to, and not limited by, the Lessee's obligation to provide insurance, and shall survive the expiration or earlier termination of this Lease. 2. The Lessee shall give the City prompt notice of any suit, claim, action or other matter affecting the City to which Paragraph 1, above, may apply, together with a copy of any letter by an attorney on behalf of a complainant, any complaint filed in court, and any notice or complaint by any regulatory agency. The City shall have the right, at its option, to participate cooperatively in the defense of, and settlement negotiations regarding, any such matter, without relieving the Lessee of any of its obligations under this provision. 3. As to any amount paid to others for personal injury or property damage with respect to which an act or omission of the City is a legal cause, notwithstanding Paragraph 1 of this section, the Lessee and the City shall reimburse each other according to the principles of comparative fault. If liability to a third party is subject to apportionment according to comparative fault under this provision, the Lessee and the City shall seek in good faith to achieve non judicial agreement as to apportionment of fault as between themselves. This apportionment of liability between the City and the Lessee shall not be construed to affect the rights of any person who is not a party to this Lease. LEASE OF AIRPORT LANDS Page 14 of 32 Page 25 of 245 City. Lessee: B. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force during the term of this Lease, insurance of the type and limits required by this provision. Where specific limits are set, they will be the minimum acceptable limits. If the Lessee's policy contains higher limits, the City will be entitled to coverage to the extent of the higher limits. At the time insurance is obtained by the Lessee, all insurance shall be by a company /corporation rated "A -" or better by A.M. Best. The following policies of insurance are required with the following minimum amounts: 1. Commercial General Liability, including Premises, all operations, property damage, products and completed operations, and personal injury and death, broad -form contractual, with a per - occurrence limit of not less than $1,000,000 combined single limit. If this lease authorizes the Lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must not exclude of the Lessee's fuel handling activities. This policy must name the City as an additional insured. 2. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non -owned motor vehicles used by the Lessee. 3. Workers Compensation hrsurance. The Lessee will provide and maintain, for all employees, coverage as required under AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. 4. The Lessee will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. All insurance required by this provision must provide that the City be notified at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. 5. if the Lessee's insurance coverage lapses or is cancelled, Lessee will immediately, upon written notice by the City, halt all operations on the Airport, including the Premises. The Lessee will not resume operations until the City receives evidence that the Lessee has obtained current insurance coverage meeting the requirements of this Lease. 6. The City may, at intervals of not less than five years from the beginning date of the term of this Lease and upon written notice to Lessee, revise the insurance requirements required under this Lease. City's determination to LEASE OF AIRPORT LANDS Page 15 of 32 Page 26 of 245 City: Lessee: revise the insurance requirements will be based on the risks relative to the Lessee's operations, any insurance guidelines adopted by the City, and any change in applicable law. If the Lessee subleases all or any portion of the Premises under the provisions of this Lease, the Lessee will require the sublessee to provide to the insurance coverage required of the Lessee under this Article X. ARTICLE XI LAWS & TAXES A. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the Airport, the Premises or the sidewalks, alleys, streets, and ways adjacent to the Premises, or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: From the consequences of any violation of such laws, ordinances, and /or regulations; and 2. From all claims for damages on account of injuries, death, or property damage resulting from such violation. B. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation, business, or trade to be conducted on the Premises contrary to any law, ordinance, or regulation, including zoning ordinances, rules and regulations. C. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits, pay all taxes and special assessments lawfully imposed upon the Premises, and pay other fees and charges assessed under applicable law. Nothing in this Lease prevents the Lessee from challenging any taxes or special assessments to the appropriate authority. D. LITIGATION: The KMC, including regulations promulgated thereunder, and the laws of the State of Alaska will govern in any dispute between the Lessee and City. If a dispute continues after exhaustion of administration remedies, any lawsuit must be brought in the courts of the State of Alaska, in Kenai, Alaska. LEASE OF AIRPORT LANDS Page 16 of 32 Page 27 of 245 City: Lessee: E. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term of this Lease may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the Premises or improvements on the Premises by reason of its use or occupancy or the terms of this Lease provided, however, that nothing in this provision shall prevent Lessee from contesting any increase in a tax or assessment under any applicable law, ordinance, or regulation. F. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though the declaration had not been made. ARTICLE XII LEASE TERMINATION A. CANCELLATION: The City may, after 30 days' written notice to the Lessee, cancel this Lease and recover possession of the Premises if any of the following violations occur, unless the violation is cured within the 30 days: ] . The Lessee fails to pay when due the rents, additional rents, charges, or other sums specified in this Lease, including any increases made under this Lease. 2. The Lessee's check for payment of any sum due under this Lease is returned for insufficient funds. 3. The Lessee uses or authorizes the use of the Premises for any purpose not authorized by this Lease. 4. The Lessee fails to fully perform and comply with any provision in this Lease. 5. The court enters a judgment of insolvency against the Lessee. 6. A trustee or receiver is appointed for the Lessee's assets in a proceeding brought by or against the Lessee, or the Lessee files a voluntary petition in bankruptcy. 7. Failure by the Lessee to comply with any land development or permanent improvement construction required by this Lease. B. ENTRY AND RE- ENTRY: In the event that the Lease should be terminated in accordance with this Article XII, or by summary proceedings or otherwise, or upon the Lessee's LEASE OF AIRPORT LANDS Page 17 of 32 Page 28 of 245 City: Lessee: abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or representatives may, immediately or any time thereafter, re- enter, and resume possession of the Premises or portion thereof, and remove all persons and property therefrom, without being liable for any damages therefore. No re -entry by the City shall be deemed an acceptance of a surrender of the Lease. C. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will continue to pay City rent after the expiration, termination, or cancellation of this lease and to abide by the lease obligations, including providing proof of insurance coverage, through the date Lessee relinquishes possession of and completely vacates the Premises. City will consider the Premises completely vacated if the Lessee has; Re-mediated any environmental contamination for which the Lessee is responsible; and 2• Restored the Premises to a neat and clean physical condition acceptable to the City. D. REASONABLE CURE 1. In the case of a violation that cannot be reasonably cured within 30 days, a notice of cancellation issued by the City to the Lessee under this Article is stayed if, within the 30 -day notice period, the Lessee begins and continues expeditious action to cure the violation. The City will determine if a violation cannot be reasonably cured within 30 days and what constitutes expeditious action. 2. In the case where, in City's sole determination, Lessee's violation is considered an imminent threat to the airport, public health or safety, or the environment, City will direct the Lessee to stop the activity immediately and may reduce the period to cure the violation, or the City may correct the violation pursuant to (E) of this Article. E. RIGHT OF CITY TO PERFORM: If, after 30 days following notice the Lessee fails or refuses to perform any action required by this Lease, the City will have the right, but not the obligation, to perform any or all such actions required by this Lease at the sole expense of the Lessee. The City will not take action if the Lessee begins and continues expeditious action to perform any action required by this Lease that cannot be reasonably completed within 30 days. The City will, at its sole discretion, determine what constitutes expeditious action and if an action cannot be LEASE OF AIRPORT LANDS Page 18 of 32 Page 29 of 245 City: Lessee: reasonably performed in 30 days. The City will submit to the Lessee an invoice for the expenses incurred by the City in the performance by the City of any required action. The Lessee will pay the amount of each invoice within 30 days from issuance. 2. If Lessee fails or refuses to perform any action that has been deemed an imminent threat the City will have the right, but not the obligation, to perform any or all such actions required to expeditiously correct the imminent threat. Lessee shall reimburse the City for any cost, including legal fees and administrative costs reasonably incurred by the City in acting to correct the imminent threat violation. F. WAIVER: A waiver by the City of any default by the Lessee of any provision of this Lease will not operate as a waiver of any subsequent default. If the City waives a default, the City is not required to provide notice to the Lessee to restore or revive any term or condition under this Lease. The waiver by the City of any provision in this Lease cannot be enforced or relied upon unless the waiver is in writing and signed on behalf of the City. The City's failure to insist upon the strict performance by the Lessee of any provision in this Lease is not a waiver or relinquishment for the future, and the provision will continue in full force. G. AIRPORT CLOSURE: 1. If the City closes the airport to aircraft operations for sixty (60) days or less, this Lease will remain in full force and effect without adjustment 2. If the City closes the Airport to aircraft operations for more than sixty (60) days, but not permanently, and this Lease is for aviation or direct aviation support uses, the Lessee may, upon written notice to the City, either terminate the Lease or retain the Lease and receive a fifty (50 %) percent rent reduction or credit for that portion of the closure that exceeds sixty (60) days. 3. If the City permanently closes the Airport to aircraft operations and (a) this Lease is for aviation or direct aviation support uses, the Lessee may terminate this agreement by written notice to the City; or (b) this Lease is for non - aviation uses, the Lessee may request in writing to have the Lease terminated. The City will consider the Lessee's request in light of the City's best interest and either terminate the Lease, or deny the Lessee's request in writing. LEASE OF AIRPORT LANDS City: Lessee: Page 19 of 32 Page 30 of 245 H. DISASTERS The Lessee or City may cancel this lease upon written notice to the other party if; the Premises becomes unusable through no fault of either party and performance under this lease becomes impossible; or 2. the Airport becomes unusable through no fault of either party and the performance under this lease becomes impossible. If the Lessee elects in writing that it will continue to operate after notice from City to Lessee that the Airport has become unusable, the Lessee's obligations under the Lease will continue, but City shall be under no obligation to continue to perform. Causes for termination of the lease under this provision (H) include acts of God, the public enemy, and the United States. I. NATIONAL EMERGENCY: If the federal government declares a national emergency, neither party may hold the other liable for any inability to perform any part of this Lease as a result of the national emergency. J. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XII, Lessee shall, on the last day of the term of this Lease (including any extension or renewal thereof) or upon any earlier termination of this Lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. ARTICLE XIII GENERAL COVENANTS A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. B. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to recording costs, shall be paid by Lessee. LEASE OF AIRPORT LANDS Page 20 of 32 Page 31 of 245 City: Lessee: C. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good order at the Lessee's own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any earlier termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. D. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the Premises by the Lessee must be compatible with its surroundings and consistent with the uses authorized under this Lease, as determined by the City. The Lessee must obtain the City's written approval before placing fill material, beginning any land development, or constructing or demolishing any improvements on the Premises, and before beginning any alterations, modifications, or renovation of existing structures on the Premises. The Lessee must submit to the City detailed drawings of the proposed development, alteration, modification, or renovation, together with specifications or any other information the City reasonably requires. Further, the Lessee will submit to City evidence of the Lessee's compliance with Federal Aviation Administration regulation 14 CFR Part 77. E. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. F. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the Premises, except that the following shall not construed as a denial of the right of quiet or peaceable possession: Any inconvenience caused by public works projects in or about the Premises; and 2. Any other entries by the City on the Premises reserved or authorized under other provisions of this Lease. G. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venture of Lessee in the conduct of the Lessee's activities or business on the Premises. The relationship between the City and the Lessee is, and shall at all times remain, strictly that of landlord and tenant, respectively. H. DISCRIMINATION: The Lessee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for LEASE OF AIRPORT LANDS Page 21 of 32 Page 32 of 245 City: Lessee: employment, or other person or group of persons in any manner prohibited by federal or state law. The Lessee recognizes the right of the City to take any action necessary to enforce this provision, including actions required pursuant to any federal or state law. I. AFFIRMATIVE ACTION: If required by 14 CFR Part 152, subpart E, the Lessee will undertake an affirmative action program to insure that no person will be excluded from participating in any employment activities offered by the Lessee on the grounds of race, creed, color, national origin, or sex. No person may be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by subpart E. The Lessee further agrees that it will require its suborganization(s) provide assurance to the City to the same effect that they will also undertake affirmative action programs and require assurances from their suborganization(s) as required by 14 CFR, Part 152, subpart E. Tenant shall use the premises in compliance with all other requirements imposed by or Pursuant to title 49, code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulation may be amended. J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms, conditions, and agreements of the parties and supersedes any previous understandings or agreements regarding the Premises whether oral or written. No modification or amendment of this Lease is effective unless in writing and signed on behalf of the City and the Lessee. K. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the Airport, including the Premises. The City shall not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights under this Lease, on account of the exercise of the City's authority reserved under this provision. Furthermore, the Lessee shall not be entitled to terminate the whole or any portion of the leasehold estate created under this Lease, by reason of the exercise of the City's authority reserved under this provision, unless the exercise thereof so interferes with Lessee's use and occupancy of the Premises as to constitute a termination, in whole or in part, of this Lease by operation of law under the laws of the State of Alaska and of the United States made applicable to the states. L. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not pennit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the Premises or improvements on the Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on the Premises or improvements by or at the direction or sufferance of Lessee. Provided, however, the Lessee shall LEASE OF AIRPORT LANDS Page 22 of 32 Page 33 of 245 City: Lessee: have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. Upon a final determination of the lien or claim for lien, the Lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. M. CONDEMNATION: In the event the Premises or any part thereof shall be condemned and taken for a public or a quasi- public use, then upon payment of any award or compensation arising from the condemnation or taking, the City and the Lessee shall make a good faith effort to agree upon 1. the division of the proceeds; 2. the abatement in rent payable during the term or any extension of the term of this Lease; and 3. other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If, within thirty (30) days after the award has been paid into Court, the City and Lessee are unable to agree upon what division, abatement in rent, and other adjustments as are just and equitable, the dispute shall be determined by arbitration. N. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for in this Lease. O. NOTICES: Any notices required by this Lease must be in writing and must be delivered personally or mailed by certified or registered mail in a prepaid envelope. A mailed notice a. must be addressed to the respective party at the address written on the fast page of this Lease or to the latest address designated in accordance with (2) of this Provision (0); and b. shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. 2. The City or the Lessee may, from time to time, designate a new address at which they will receive notices by providing the other party with written notice at least 15 days prior to the effective date of the change. An address change notice must be delivered according to the procedure set out in (1) of this Provision (0). LEASE OF AIRPORT LANDS Page 23 of 32 Page 34 of 245 City: Lessee: P. RETENTION OF RENTAL: In the event the City terminates this Lease because of any breach by the Lessee, the City shall retain any unused balance of the rental payment last made by the Lessee City as partial or total liquidated damages for the breach. Q. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection on the Airport. R. PERSONAL USE OF MATERIALS: No interest in coal, oil, gas or any other mineral, or in any deposit of stone or gravel valuable for extraction or utilization is included in the Premises or in the rights granted by this lease.. The Lessee shall not sell or remove from the Premises for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes. S. APPROVAL OF OTHER AUTHORITIES: The granting of this lease by the City does not relieve the Lessee of the responsibility to obtain any license or permit as may be required by federal, state, or local law. T. EXECUTION BY THE PARTIES: This Lease is of no effect unless signed by the Lessee, or a duly authorized representative of Lessee, and an authorized representative of the City. U. CAPTIONS: The captions of the provisions of this Lease are for convenience only and do not necessarily define, limit, describe, or construe the contents of any provision. V. RIGHTS OF CONSTRUCTION: This Lease is intended to make public property available for private use, while at all times protecting the public interest to the greatest extent possible. Following the rule that transfers of interest in public property are to be strictly construed in favor of the public property landlord, all rights granted to the Lessee under this Lease will be strictly construed, and all rights of the City and the protections of the public interest will be liberally construed. W. LESSEE ACKNOWLEDGEMENT: The Lessee acknowledges that the Lessee has read this Lease and fully understands its terns, that the Lessee has been fully advised or has had the opportunity of advice by separate legal counsel, and voluntarily executes this Lease. Lessee also acknowledges and agrees that the rule of interpretation under which a document is construed against the drafter will not apply to this Lease. LEASE OF AIRPORT LANDS Page 24 of 32 Page 35 of 245 City: Lessee: X. APPROVAL BY LESSOR: Any approval required of the Lessor by this Lease will not be unreasonably withheld. The Lessor's approval does not waive the Lessee's legal responsibility or liability to comply with all applicable federal and state laws and regulations. ARTICLE XIV SURVEY, IMPROVEMENTS AND PERFORMANCE BOND A. SURVEY: The Lessee is solely responsible, at its sole expense, to confirm or establish the physical location of the boundaries of the Premises prior to beginning any construction thereon, including clearing grubbing, back - filling and environmental sampling. Any survey of the Premises shall be performed by a Land Surveyor registered in the State of Alaska. The Lessee shall furnish the City with a copy of the plat of any survey performed on the Premises by, or on behalf of, the Lessee. B. IMPROVEMENTS. REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete land development and construction of Permanent Improvements including N /A, by no later than N/A with an appraised value of at least SN /A. In addition to the as -built drawings required by this Lease, the Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the Premises with an aggregate cost or investment of not less than $N/A. The evidence of cost must be submitted to the City within sixty (60) days of the completion of the development and improvements, but by no later than N /A. a. Costs considered toward the aggregate cost of permanent improvements include building construction, design, labor, materials, materials shipping, permits, equipment, soil testing, environmental baseline report, and environmental assessment directly related to the construction; premises and as -built surveys; site preparation, including excavation, geotextile fabric, filling, grading, fill material, gravel, and pavement, remediation of environmental contamination (unless Lessee caused or materially contributed to the contamination); and utility connection costs. b. The cost of Permanent Improvements excludes (i) work perfonned by the City and not reimbursed by the Lessee; and LEASE OF AIRPORT LANDS Page 25 of 32 Page 36 of 245 City: Lessee: (ii) work performed by the Lessee and reimbursed by the City. 2. FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete the required construction within the time allowed under (13)(1) of this Article, including any extensions granted, the City will execute against and the Lessee will forfeit, any bond or other guarantee given by the Lessee and, as applicable, City will a. initiate cancellation of the lease; or b. reduce the term of the lease to a period that is consistent with the portion of the required construction timely completed. 3. APPEARANCE: When completed, all improvements on the Premises must be neat, presentable, and compatible with the authorized use of the Premises under this Lease, as determined by the City. 4. CITY APPROVAL REQUIRED: The Lessee must first obtain the City's written approval before beginning any land development, construction or demolition of any improvements on the Premises, or before beginning any alterations, modifications, or renovation of existing structures on the Premises. The Lessee must submit to the City detailed drawings of the proposed development, alteration, modification, or renovation. Further, the Lessee will submit to City evidence of the Lessee's compliance with the FAA regulation 14 CFR Part 77. 5. CITY APPROVAL WITHHELD: The City's approval of any construction, alteration, modification, or renovation will not be withheld unless: a. the Lessee fails to demonstrate adequate financial resources to complete the project; b. the project plans, specifications, and agency approvals are incomplete; C. the proposed project would result in a violation of an applicable ordinance, regulation, or law; d. the proposed project would interfere with or is incompatible with the safety, security, maintenance, or operation of the airport; e. the proposed project is inconsistent with the Airport Master Plan; f. the proposed project is inconsistent with the terms of the lease, zoning ordinances, or the City's Comprehensive Plan; g the project plans do not make sufficient provision for drainage, aircraft, vehicle, and equipment parking, or for snow storage; or h. the proposed project does not conform to generally recognized LEASE OF AIRPORT LANDS Page 26 of 32 Page 37 of 245 City: Lessee: engineering principles or applicable fire or building codes. 6. DEMOLITION: Prior to any demolition of any structure(s) on the Premises, Lessee will deliver to City a written scope of work that, at a minimum, lists the structure(s) that are to be demolished and the timeframe for demolition and removal of the debris from the Airport. City will review Lessee's scope for demolition and issue Lessee written approval for the work to be done. BUILDING SETBACK: No building or other permanent structure may be constructed or placed within twenty (20) feet of any lot line of the Premises without City's prior written approval. In addition, no building or other permanent structure may be constructed or placed within N/A feet of any boundary line of the Premises which fronts on a landing strip, taxiway, or apron. 8. AS -BUILT DRAWINGS: Within sixty (60) days after completion of construction or placement of improvements upon the Premises, the Lessee will deliver to the City a copy of an as -built drawing, acceptable to the City, showing the location and dimensions of the improvements, giving distances to all Premises' boundaries. If the Lessee constructs underground improvements, the Lessee will appropriately mark the surface of the land with adequate surface markers. The type, quantity, and distance between such markers will be subject to approval of the City. 9. AIRPORT SECURITY FENCING: If any construction by the Lessee requires a realignment or alteration of an existing security fence on the Premises or boundary of the Premises, the Lessee agrees to realign or alter the fence in a manner approved in writing by the Airport Manager. Anytime the fence must be breached to allow the Lessee to complete improvement construction or fence modifications, the Lessee shall, at the Lessee's sole expense place temporary barriers to maintain the security of the Airport, as determined by the Airport Manager. If damage occurs to a security fence on the Premises or boundary of the Premises in connection with the Lessee's use or occupation of the Premises, the Lessee shall promptly repair the fence to the satisfaction of the Airport Manager. 10. DAMAGE TO IMPROVEMENTS: If Lessee's improvements on the Premises are damaged or destroyed, Lessee will cause the improvements to be repaired or rebuilt, and restored to normal function within two (2) years following the damage or destruction. If the Lessee fails to timely rebuild or restore the improvements, the City may, at its sole discretion, either reduce the term of this Lease commensurate with the estimated value of the Lessee's remaining, fully functional improvements on the Premises, or cancel this Lease. LEASE OF AIRPORT LANDS Page 27 of 32 Page 38 of 245 City: Lessee: N. DAMAGE NEAR EXPIRATION: If Lessee's improvements are damaged to the extent that more than 50% of the space is unusable and the damage occurs within five years of the expiration of the term of this Lease, Lessee may remove the damaged improvements, restore the Premises and terminate this Lease. C. PERFORMANCE BOND : Prior to beginning the construction of permanent improvements required under (B)(1) of this Article, the Lessee shall submit to the City a performance bond, deposit, or other security in the amount of $N/A. The form of the bond or other security shall be subject to the City's approval. D. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease, including any extension or renewal, or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. E. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three days prior to commencing any construction project valued in excess of $1,000.00 on the Premises. The Lessee agrees to assist in the posting of a notice of non - responsibility and maintenance of the notice on the Premises during construction. Lessee agrees that in the event the Lessee fails to notify the City as required by this Provision (f), the Lessee shall indemnify the City against any materialmen's liens as defined in AS 34.35.050 which arise as a result of construction on the premises. ARTICLE XV SPECIAL PROVISIONS A. CITY CONSTRUCTED IMPROVEMENTS. 1.. ALTERNATIVE ONE — The City commits to construct improvements after the lease is signed. LEASE OF AIRPORT LANDS Page 28 of 32 Page 39 of 245 City: Lessee: (a) As part of the exchange of consideration of this lease, the City will, at the City's expense, cause the following improvements to be constructed on or in connection with the Premises: (i) N /A; (ii) N /A; (iii) N /A. (b) The City's total cost of the improvement construction shall not exceed $N /A without the Lessee's written concurrence. (c) The Lessee shall reimburse the City for the City's cost of constructing the improvements. The reimbursement shall be made in ten (10) equal annual payments, plus interest at eight percent (8 %) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City earlier than due. (d) After completing the improvements, the City will give the Lessee written notice of the City's total cost of constructing the improvements and the date on which the Lessee's reimbursement payments shall begin, which date shall be no earlier than 60 days after the date of the City's notice. The Lessee's annual reimbursement payment for each succeeding year shall be made to the City by no later than the anniversary of date on which the first payment was due. (e) Failure by the Lessee to timely reimburse the City as required under (b) through (d) of this provision shall be grounds for termination of this lease by the City. ALTERNATIVE TWO — The City builds improvements before the lease is signed. (a) The Lessee acknowledges that prior to the execution of this lease, the City constructed the following improvements on or in connection with the Premises: (i) N /A; (ii) N /A; (iii) N /A. (b) The City's total cost to construct the improvements was $N /A. LEASE OF AIRPORT LANDS Page 29 of 32 Page 40 of 245 City: Lessee: (c) As part of the consideration of this lease, the Lessee shall reimburse the City for the City's cost of constructing the improvements. The reimbursement shall be made in ten (10) equal annual payments, plus interest at eight percent (8 %) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City earlier than due. (d) The Lessee shall make the first reimbursement payment to the City by no later than the first anniversary of the lease term beginning date given in Article III of this Lease. The Lessee's annual reimbursement payment for each succeeding year shall be made to the City by no later than the anniversary of date on which the first payment was due. (e) Failure by the Lessee to timely reimburse the City as required under (c) and (d) of this provision shall be grounds for termination of this Lease by the City. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. JAMES H. DOYLE, individually LE James H. Doyle LEASE OF AIRPORT LANDS l Page 30 of 32 CITY OF KENAI By: Rick R. Koch City Manager LESSEE: WEAVER BROTHERS, INC. Name & Title Page 41 of 245 City: Lessee: (If Lessee is a Corporation) ATTEST: Name Title STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2013, JAMES H. DOYLE, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 12013, Name: , Title: of WEAVER BROTHERS, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. LEASE OF AIRPORT LANDS Page 31 of 32 Notary Public for Alaska My Commission Expires: Page 42 of 245 City: Lessee: STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. THIS IS TO CERTIFY that on this day of 2013, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Approved as to lease form by City Attorney: 3 Approved by Finance Director: Airport Commission recommended approval on June 13, 2013 Planning & Zoning Commission recommended approval on June 12, 2013 Sandra Modigh, City Clerk LEASE OF AIRPORT LANDS Page 32 of 32 Page 43 of 245 City: Lessee: KENAI MUNICIPAL AIRPORT LEASE OF AIRPORT RESERVE LANDS THIS LEASE AGREEMENT entered into this day of , 2003, by and between the CITY OF KENAI, ("City ") 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794, and JAMES H. DOYLE, individually, d/b /a WEAVER BROTHERS, INC. ( "Lessee ") whose address is P.O. Box 582, Kenai, Alaska 99611. DEFINITIONS For the purposes of this Lease the following terms are defined as follows: 1. Airport - the Kenai Municipal Airport, including all the runways, taxiways, aprons, water lanes, water taxiways, and all City -owned real estate located within the boundaries of the Airport Reserve as defined in KMC 21.05.010-020. 2. Airport Manager — the official to whom the City Manager of the City has delegated the authority and responsibility of managing and directing the activities of the Airport. "Airport Manager" includes that person's authorized representative. City - the City of Kenai, Alaska, a home rule municipal corporation of Alaska. 4. City Manager - the official to whom the Kenai City Council has delegated the responsibility of managing and directing all activities of the City. 5. Contamination - the mtpermitted presence of any released Hazardous Substance. 6. Environmental Law - any applicable federal, state, or local statute, law, regulation, ordinance, code, permit, order, decision, judgment of any governmental entity relating to environmental matters, including littering and dumping. FAA — the abbreviation for the Federal Aviation Administration. 8. Hazardous Substance - any substance that is defined under an Environmental Law as hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil. LEASE OF AIRPORT LANDS Page 1 of 32 Page 44 of 245 City: Lessee: 9• KMC — the abbreviation for the Kenai Municipal Code. 10. Permanent Improvement - a fixed addition or change to land that is not temporary or portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank, and well. ARTICLE I PREMISES LEASED A. PREMISES: In consideration of Lessee's payment of the rents and performance of all the covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the City, the following described property ( "Premises ") in the Kenai Recording District, Third Judicial District, State of Alaska and located on the Airport; to wit: Tract A, Gusty Subdivision No. 3, according to Plat No. 84 -237 B. NO WARRANTY: Except as may be provided in this Lease, the City makes no specific warranties, expressed or implied, concerning the condition of the Premises including, survey, soils, wetlands, access, and suitability or profitability for any use including those authorized by this Lease, its environmental condition, or the presence or absence of Hazardous Substances in, on, and under the surface. The Lessee takes the Premises on an "as is" basis and without warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title to the Premises. ARTICLE II RIGHTS AND USES A. AUTHORIZED USES 1. USE OF PREMISES: The City authorizes the Lessee to use the Premises for the following purposes only: Trailer storage 2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing, the Lessee will operate its business on the Premises on a continuous basis, uninterrupted by any period of closure over 15 consecutive days or 30 aggregate days within any 12 -month period of the term of this lease. The Lessee will give the City written notice before closing the Lessee's business on the Premises for more than 10 consecutive days. The notice must state the reason for the closure LEASE OF AIRPORT LANDS Page 2 of 32 Page 45 of 245 City: Lessee: and the date on which the Lessee will re -open for business. This provision does not apply to any period during which the Lessee is unable to operate its business as a result of an act or directive of the City, or as a result of a closure of the Airport or loss of the Lessee's buildings on the Premises due to fire or natural disaster or order of public authority. B. RIGHTS RESERVED TO THE CITY. I . RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others any rights and privileges not specifically granted to the Lessee on an exclusive basis. The rights and privileges granted to the Lessee in this Lease are the only rights and privileges granted to the Lessee by this Lease. 2. EASEMENTS: The City reserves the right to make grants to third parties or reserve to the City easements or rights of way through, on, or above the Premises. The City will not grant or reserve any easement or right of way that unreasonably interferes with the Lessee's authorized uses of the Premises. 3. INGRESS, EGRESS AND INSPECTION: The City reserves the right of ingress to and egress from the Premises and the right to enter any part of the Premises, including buildings, for the purpose of inspection or environmental testing at any time. Except in the case of an emergency, all inspections and environmental testing will be coordinated with the Lessee to minimize interference with the Lessee's authorized uses of the Premises. 4. RIGHT OF FLIGHT: There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight will include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from, or operation on the Airport. C. PROHIBITED USES Unless specifically authorized by this Lease or an amendment to this Lease, the following are prohibited: LEASE OF AIRPORT LANDS Page 3 of 32 Page 46 of 245 City: Lessee: I . Any use of the Premises other than those authorized in this Lease. 2. Any use of the Premises that is in violation of a City Ordinance or an Airport regulation. 3. The outside storage on the Premises of junk, salvage aircraft or vehicle parts, non- operational support equipment, unused or damaged equipment or material, or solid waste or debris unless allowed pursuant to a conditional use permit under KMC 14.20. 4. The disposal on the Premises or the Airport of waste materials generated by the Lessee, including any Hazardous Substance, slash, overburden, and construction waste. 5. The stripping, wasting, or removing any natural material from the Premises without the prior written approval of the City. 6. Erecting structures or allowing growth of natural objects that would constitute an obstruction to air navigation, or allowing any activity on the Premises that would interfere with or be a hazard to the flight of aircraft, or interfere with air navigation or communication facilities, serving the Airport. Any use or activity that is prohibited by applicable law or regulation. ARTICLE III TERM & HOLDOVER A. TERM: The term of this Lease is for 5 years, from the 1st day of August, 2013 to the 30th day of July, 2018. B. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after the expiration, cancellation or termination of this Lease, the holding over will not operate as an extension of the tern of this Lease, but only creates a month -to -month tenancy, regardless of any rent payments accepted by the City. The Lessee's obligations for performance under this Lease will continue during the month -to -month tenancy. The City or Lessee may terminate the Lessee's holdover with ten (10) days' advance written notice. C. CANCELLATION: Pursuant to requirements of the Federal Aviation Administration, the City reserves the right to cancel this lease on 90 -days notice, either delivered in person to the Lessee named herein or his replacement, or by mail to the address set out above. Any or all personal or real property shall be removed at Lessee's LEASE OF AIRPORT LANDS Page 4 of 32 Page 47 of 245 City: Lessee: expense upon cancellation or termination of this agreement ARTICLE IV RENTS AND FEES A. RENT: The rent for the Premises is $2,067.88 per year, as established by the City pursuant KMC 21.10.100 and as subject to adjustment under Article V of this Lease, plus applicable sales tax. The rent shall be payable annually in advance of the first day of each year of the term of this Lease. All payments required by this Lease must be made in U.S. dollars. If the annual rent exceeds $2,400, the Lessee may, upon written notice to the City, choose to pay the rent in equal monthly installments, payable in advance on or before the anniversary date of the term of this Lease and thereafter at monthly intervals. No conversion of the payment schedule from annual to monthly shall result in the City receiving less rent than it would have received had the conversion not taken place. B. RENT PRORATED: Rental for any period less than one (1) year shall be prorated on the basis of the rent payable under this Lease in the last full year previous to the prorating. C. ADDITIONAL RENT: In addition to the rent specified in (A) of this Article, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as follows: 1. Taxes pertaining to the leasehold interest of the Lessee. 2. Sales tax now enforced or levied in the future, computed upon rent payable in monthly installments whether the Lessee pays rent under this Lease on a monthly or amoral basis. 3. All taxes and assessments levied in the future by the City, as if Lessee was the legal owner of record of the Premises. 4. Reimbursement for City constructed improvements under Article XV. D. PAYMENTS: The Lessee shall make checks, bank drafts, or postal money orders payable to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 or any other address the City may designate in writing to the Lessee. E. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and fees required under this Lease will accrue interest at the rate of eight percent (8.0 %) per annum. Interest on disputed amounts will not be charged to the Lessee if the dispute is resolved in the Lessee's favor. LEASE OF AIRPORT LANDS Page 5 of 32 Page 48 of 245 City: Lessee: i F. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (E) of this Article, each time the Lessee fails to pay any rent or fee by the date required in this Lease, the City will charge, and the Lessee shall pay, an administrative penalty of ten percent (10.0 %) of the amount due and unpaid. G. COURTESY BILLINGS: Lessee acknowledges that any billing statement issued by the City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when due, regardless of whether or not the Lessee receives a billing statement from the City. H. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due and unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the Lessee's property, real or personal. I. PAYMENT OF CITY'S COSTS: The Lessee will pay all reasonable actual expenses, costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or protect this Lease or City's rights under this Lease, including any expense incurred with respect to environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease, the Premises, or improvements or personal property on the Premises. The Lessee will make payment within 30 days of the date of each notice from City of any amounts payable under this provision. J. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable fee for any special services or facilities the City agrees to perform, which the City is not otherwise obligated by this Lease to provide and which the Lessee requests from the City in writing. ARTICLE V ADJUSTMENT OF RENT AND FEES A. RENT OR FEE ADJUSTMENT: At intervals of approximately five (5) years, the City shall, in its sole discretion, adjust the rent or a fee payable by the Lessee under Article IV or other provision of this lease. The first rent adjustment shall be made in 2015. The amount to which the City increases or decreases any rent or fee shall be established in accordance with KMC 21.10.100 and 21.10.160. Any rent change by the City shall be based on the fair market value of: The Premises in its condition on the term beginning date stated in Article III or in the case of a lease renewal or extension, the beginning date for the original lease; plus LEASE OF AIRPORT LANDS Page 6 of 32 Page 49 of 245 City: Lessee: 2. Any improvements made by the City subsequent to that date, the cost of which is not reimbursed by the Lessee. No rent or fee change shall be effective until 30 days after the date of the City's written notice to the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent for the Premises, the Lessee may appeal the rent change to the City under KMC 21.10.160. B. CITY - CONSTRUCTED IMPROVEMENTS: Improvements constructed by the City on, or in connection with, the Premises shall not be considered a part of the Premises for the purpose of establishing the rent under (a) of this Article, if the Lessee, as a condition of this lease, reimburses the City for the City's construction costs pursuant to KMC 21.10.110. ARTICLE VI ASSIGNMENT & SUBLETTING A. INVALID WITHOUT CITY'S CONSENT: The Lessee may not assign, sublet, or grant a security interest in, by grant or implication, the whole or any part of this Lease, the Premises, or any improvement on the Premises without the written consent of the City. Any proposed assignment, sublease, or security interest must be written and must be submitted to the City bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft documents for the City's conceptual review. However, the City's conceptual approval of a draft document may not be construed as the City's consent to any assignment, sublease, or security interest. All provisions in this Lease extend to and bind the assignees and sublessees of the Lessee. B. NO WAIVER OF CONSENT: The City's consent to one assignment, sublease, or security interest will not waive the requirement for the Lessee to obtain the City's consent to any other assignment, sublease, or security interest. C. ASSIGNEE / LESSEE OBLIGATIONS: An assignment must include a provision stating that the assignee accepts responsibility for all of the assignor's (Lessee's) obligations under this Lease, including environmental liability and responsibility. However, unless the City specifically releases the Lessee in writing, the City may hold the Lessee responsible for performing any obligation under this lease which an assignee fails to perform. D. OCCUPANCY BEFORE CITY CONSENT: An assignee or sublessee may not occupy the Premises before the City consents to the assignment or sublease in writing. E. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an assignment or a sublease, the tenns of this Lease control. LEASE OF AIRPORT LANDS Page 7 of 32 Page 50 of 245 City: Lessee: F. LESSEE NOT RELIEVED OF OBLIGATIONS: The City's consent to any sublease does not relieve or otherwise alter the Lessee's obligations under this Lease. G. SECURITY ASSIGNMENTS AND FINANCING: Subject to the requirements of (A) of this Article VI, the Lessee may assign a security interest in this Lease. The security interest may be in the form of a mortgage, deed of trust, assignment or other appropriate instrument, provided: a. the security interest pertains only to the Lessee's leasehold interest; b. the security interest does not pertain to or create any interest in City's title to the Premises; and C. the documents providing for the security interest are acceptable to the City. 2. If the assignment of a security interest to which the City has consented shall be held by an established lending or financial institution, including a bank, an established insurance company and qualified pension or profit sharing trust, and the lending institution acquires the Lessee's interest in this Lease as a result of a foreclosure action or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, the lending institution may transfer its interest in this Lease to a nominee or a wholly owned subsidiary corporation with the prior written consent of the City, provided, the transferee assumes all of the covenants and conditions required to be performed by the Lessee (including payment of any monies owed by Lessee to the City under the lease). In the event of such a transfer, the lending institution shall be relieved of any further liability under this Lessee. A holder of a security interest in this Lease consented to by the City shall have, and be subrogated to, any and all rights of the Lessee with respect to the curing of any default of this Lease by Lessee. 4. If, before any default has occurred in the Lease, the holder of a security interest in this Lease consented to by the City gives the City a written notice of the holder's Post office address, the City shall thereafter a. by regular U.S. mail, send to the holder a copy of each notice of default at the same time as the City gives notice of default to the Lessee, and r.tASL OF AIRPORT LANDS Page R of 32 Page 51 of 245 City: Lessee: b not accept any surrender or enter into any modification of this Lease without the prior written consent of the holder, which the holder shall not unreasonably delay or withhold.. The City will enter into a new lease of the Premises with the holder of a security interest consented to by the City, if the City terminates this Lease prior to its normal expiration due to a default by the Lessee. The new lease shall be for the remainder of the term of this Lease and shall be effective as of the termination of this Lease. The City's grant of the new lease shall be subject to the following conditions: a. the new lease shall be effective on the date this Lease is terminated; b. the new lease shall be for the same rent, additional rent, and covenants as this Lease; C. By no later than the twentieth (2Ctt) day following the termination of this Lease, the security holder must submit a written request to the City for the new lease, together with payment of all rent, additional rent and other sums then due to the City under this Lease. d. The security holder shall pay to the City, at the time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such termination, and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. e. The security holder shall, on or before the execution of the new lease, perform all the other obligations of the Lessee under this Lease to the extent the Lessee failed to perform them prior to the termination of this Lease. 6. A holder of a security interest consented to by the City that takes possession of this Lease or enters into a new lease with the City shall not be released from the obligations and liabilities of this Lease or the new lease unless the holder assigns its leasehold estate to an assignee who is financially capable and otherwise qualified to undertake to perform and observe the conditions of this Lease or the new lease and the City consents to the assignment. The City's consent will not be unreasonably withheld. If the security holder asserts that the City is unreasonably LEASE OF AIRPORT LANDS Page 9 of 32 Page 52 of 245 City: Lessee: withholding its consent to a proposed assignment, the dispute shall be resolved by arbitration. ARTICLE VII MAINTENANCE, SNOW REMOVAL & UTILITIES A. MAINTENANCE 1. At no cost to the City, the Lessee will keep the Premises and all improvements on the Premises clean, neat and presentable, as reasonably determined by the City. 2. At no cost to the City, the Lessee will provide for all maintenance and services at the Premises as may be necessary to facilitate the Lessee's compliance with this Lease and the Lessee's use of the Premises. 3. The Lessee shall comply with all regulations or ordinances of the City that are promulgated for the promotion of sanitation. At no cost to the City, the Lessee shall keep the Premises in a clean and sanitary condition, and control activities on the Premises to prevent the pollution of water. 4. The Lessee agrees to comply with all decisions and directions of the City's Airport Manager regarding maintenance and operation of the Airport, and the use of the Airport by the Lessee. B. SNOW REMOVAL At no cost to the City, the Lessee is responsible for snow removal on the Premises. The Lessee shall dispose of snow in an off - Premises location approved in writing by the City or provide suitable snow storage within the boundaries of the Premises in accordance with all applicable federal and state laws. At the request of the Airport Manager, the Lessee shall submit a snow removal plan for the Premises to the Manager for review. Upon approval of the Lessee's plan by the Airport Manager, the Lessee shall conduct all snow removal operations on the Premises in accordance with the approved plan. 2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other aircraft - maneuvering surface provided for common use by others without the prior written approval of the Airport Manager. LEASE OF AIRPORT LANDS Page 10 of 32 Page 53 of 245 City: Lessee: 3. Lessee agrees to not allow an accumulation of snow on the Premises that would cause interference with adjoining leaseholders or other users of the Airport. C. UTILITIES. Unless specifically provided otherwise in this Lease, the Lessee shall, at no cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's use of the Premises. ARTICLE VIII OPERATIONS A. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its employees, guests, contractors, sublessees, and vendors that perform any activity or function authorized under this Lease shall do so in a manner that ensures the safety of people, the protection of public health and the environment, and the safety and integrity of the Airport and the Premises. B. LESSEE'S CONTROL AND RESPONSIBILITY The Lessee will assume full control and sole responsibility as between Lessee and City for the activities of the Lessee, the Lessee's personnel and employees, and anyone else acting by, on behalf of, or under the authority of the Lessee on the Airport, including the Premises. 2. The Lessee will immediately notify the City of any condition, problem, malfunction or other occurrence that threatens the safety of people or the Airport, harm to public health or the environment, or the safety or integrity of the Premises. C. RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or device that interferes with any government- operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. D. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on an airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep the Premises clean of fish slime, fish waste, or any other material that might attract birds or other wildlife. The Lessee accepts full responsibility to maintain the Premises, control operations, and take all reasonable measures to prevent a concentration of birds or other wildlife on the Premises. E. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking space on the Premises for Lessee's business or activities, or confine parking to such other places LEASE OF AIRPORT LANDS Page 1 I of 32 Page 54 of 245 City: Lessee: on the Airport as may be approved or designated in writing by the Airport Manager. ARTICLE IX ENVIRONMENTAL PROVISIONS A. HAZARDOUSSUBSTANCE The Lessee will conduct it business and/or operation on the Premises in compliance with all environmental laws and permits. If hazardous substances are handled on the Premises, the Lessee agrees to have properly trained personnel and adequate procedures for safely storing, dispensing, and otherwise handling Hazardous Substances in accordance with all applicable federal, state and local laws. 2. Lessee will promptly give the City notice of proceeding to abate or settle matters relating to the presence of a Hazardous Substance on the Premises or from Lessee's operations on the Airport. The Lessee will allow the City to participate in any such proceedings. B. ENVIRONMENTAL INDEMNIFICATION If Contamination of the Premises or other property by a Hazardous Substance occurs from the Lessee's operations on the Premises the Lessee will indemnify, defend, and hold the City harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses, including, but not limited to, sums paid in settlement of claims, attorney's fees, consultant fees, and expert fees, which arise during or after the term of this Lease as a result of such Contamination. This indemnification of the City by Lessee includes, but is not limited to, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal, or restorative work required by any federal, state, or local governmental agency because of a Hazardous Substance being present in the soil or groundwater or under the Premises or other properties affected by the Contamination. C. REMEDIATION In the event of a Hazardous Substance spill on the Premises, the Lessee will immediately notify the City and the Alaska Department of Environmental Conversation and act, promptly, at its sole expense. to contain the spill, repair, any damage, absorb and clean up the spill area, and restore the Premises to a condition satisfactory to the City and otherwise comply with the applicable portions of any environmental law. LEASE OF AIRPORT LANDS Page 12 of 32 Page 55 of 245 City: Lessee: 2. In addition to any notices required by this Lease, the Lessee will immediately notify and copy the City in writing of any of the following: A. Any permit, enforcement, clean up, lien, removal or other governmental or regulatory action instituted, completed, or threatened pursuant to an Environmental Law. B. Any claim made or threatened by any person against the Lessee or arising from the Lessee's operations authorized by this Lease, relating to damage, contribution, compensation, loss or injury resulting, from, or claimed to result from any Hazardous Substances in, on, or under the Airport; or C. Any report made by, or on behalf of, the Lessee to any environmental agency arising out of or in connection with any Hazardous Substances in, on, or removed from the Premises, including any complaints, notices, warnings, or asserted violations. 3. Remediation and restoration of the contaminated area must meet all applicable state and federal regulations and must meet the requirements of all governing regulatory authorities. D. ENVIRONMENTAL AUDIT The Lessee will provide the City with all investigative data, test results, reports , and any other information gathered or analyzed as part of or in relation to any Environmental Assessment, characterization or audit on the Premises or the Airport that Lessee performs or causes to be performed after the starting date of this Lease. The Lessee will submit the data, result, report or information to the City within 60 days following the date on which it becomes available to the Lessee. E. RELEASE OF LESSEE The City releases the Lessee from liability to the City for Contamination and the presence of Hazardous Substances that existed prior to the commencement date of this lease unless caused or materially contributed to by the Lessee. F. SURVIVAL OF OBLIGATIONS The obligations and duties of the City and Lessee under Article IX of this lease shall survive the cancellation, termination or expiration of this lease. LEASE OF AIRPORT LANDS Page 13 of 32 Page 56 of 245 City: Lessee: ARTICLE X INDEMNIFICATION & INSURANCE A. INDEMNIFICATION The Lessee will indemnify, save harmless, and defend the City, its officers, agents, and employees from and against any and all liabilities, losses, suits, administrative actions, claims, awards, judgments, fines, demands, damages, injunctive relief or penalties of any nature or kind to the full extent of the loss or obligation for property damage, personal injury, death, violation of any regulation or grant agreement, or any other injury or harm resulting from or arising out of any acts or commission of or omission by the Lessee, his agents, employees, customers, invitees or arising out of the Lessee's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. This indemnification of the City by the Lessee shall include sums paid in settlement of claims, attorney fees, consultant fees, expert fees, or other costs and expenses, directly or indirectly arising from, connected to or on account of this Lease as it relates to the Lessee, the Lessee's activities at or relating to the Airport, or any act or omission by the Lessee, or by any of its officers, employees, agents, contractors or sublessees. These indemnity obligations are in addition to, and not limited by, the Lessee's obligation to provide insurance, and shall survive the expiration or earlier termination of this Lease. 2. The Lessee shall give the City prompt notice of any suit, claim, action or other matter affecting the City to which Paragraph 1, above, may apply, together with a COPY of any letter by an attorney on behalf of a complainant, any complaint filed in court, and any notice or complaint by any regulatory agency. The City shall have the right, at its option, to participate cooperatively in the defense of, and settlement negotiations regarding, any such matter, without relieving the Lessee of any of its obligations under this provision. 3. As to any amount paid to others for personal injury or property damage with respect to which an act or omission of the City is a legal cause, notwithstanding Paragraph 1 of this section, the Lessee and the City shall reimburse each other according to the principles of comparative fault. If liability to a third party is subject to apportionment according to comparative fault under this provision, the Lessee and the City shall seek in good faith to achieve non judicial agreement as to apportionment of fault as between themselves. This apportionment of liability between the City and the Lessee shall not be construed to affect the rights of any person who is not a party to this Lease. LEASE OF AIRPORT LANDS Page 14 of 32 Page 57 of 245 City: Lessee: B. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force during the term of this Lease, insurance of the type and limits required by this provision. Where specific limits are set, they will be the minimum acceptable limits. If the Lessee's policy contains higher limits, the City will be entitled to coverage to the extent of the higher limits. At the time insurance is obtained by the Lessee, all insurance shall be by a company /corporation rated "A -" or better by A.M. Best. The following policies of insurance are required with the following minimum amounts: Commercial General Liability, including Premises, all operations, property damage, products and completed operations, and personal injury and death, broad -form contractual, with a per - occurrence limit of not less than $1,000,000 combined single limit. If this lease authorizes the Lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must not exclude of the Lessee's fuel handling activities. This policy must name the City as an additional insured. 2. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non -owned motor vehicles used by the Lessee. 3. Workers Compensation Insurance. The Lessee will provide and maintain, for all employees, coverage as required under AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. 4. The Lessee will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. All insurance required by this provision must provide that the City be notified at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. If the Lessee's insurance coverage lapses or is cancelled, Lessee will immediately, upon written notice by the City, halt all operations on the Airport, including the Premises. The Lessee will not resume operations until the City receives evidence that the Lessee has obtained current insurance coverage meeting the requirements of this Lease. 6. The City may, at intervals of not less than five years from the beginning date of the term of this Lease and upon written notice to Lessee, revise the insurance requirements required under this Lease. City's determination to LEASE OF AIRPORT LANDS Page 15 of 32 Page 58 of 245 City: Lessee: revise the insurance requirements will be based on the risks relative to the Lessee's operations, any insurance guidelines adopted by the City, and any change in applicable law. If the Lessee subleases all or any portion of the Premises under the provisions of this Lease, the Lessee will require the sublessee to provide to the insurance coverage required of the Lessee under this Article X. ARTICLE XI LAWS & TAXES A. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the Airport, the Premises or the sidewalks, alleys, streets, and ways adjacent to the Premises, or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: From the consequences of any violation of such laws, ordinances, and /or regulations; and 2. From all claims for damages on account of injuries, death, or property damage resulting from such violation. B. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation, business, or trade to be conducted on the Premises contrary to any law, ordinance, or regulation, including zoning ordinances, rules and regulations. C. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits, pay all taxes and special assessments lawfully imposed upon the Premises, and pay other fees and charges assessed under applicable law. Nothing in this Lease prevents the Lessee from challenging any taxes or special assessments to the appropriate authority. D. LITIGATION: The KMC, including regulations promulgated thereunder, and the laws of the State of Alaska will govern in any dispute between the Lessee and City. If a dispute continues after exhaustion of administration remedies, any lawsuit must be brought in the courts of the State of Alaska, in Kenai, Alaska. LEASE OF AIRPORT LANDS 1 Page 16 of 32 Page 59 of 245 City: Lessee: E. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term of this Lease may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the Premises or improvements on the Premises by reason of its use or occupancy or the terms of this Lease provided, however, that nothing in this provision shall prevent Lessee from contesting any increase in a tax or assessment under any applicable law, ordinance, or regulation. F. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though the declaration had not been made. ARTICLE XII LEASE TERMINATION A. CANCELLATION: The City may, after 30 days' written notice to the Lessee, cancel this Lease and recover possession of the Premises if any of the following violations occur, unless the violation is cured within the 30 days: The Lessee fails to pay when due the rents, additional rents, charges, or other sums specified in this Lease, including any increases made under this Lease. 2. The Lessee's check for payment of any sum due under this Lease is returned for insufficient funds. The Lessee uses or authorizes the use of the Premises for any purpose not authorized by this Lease. 4. The Lessee fails to fully perform and comply with any provision in this Lease. 5. The court enters a judgment of insolvency against the Lessee. 6. A trustee or receiver is appointed for the Lessee's assets in a proceeding brought by or against the Lessee, or the Lessee files a voluntary petition in bankruptcy. 7. Failure by the Lessee to comply with any land development or permanent improvement construction required by this Lease. B. ENTRY AND RE- ENTRY: In the event that the Lease should be terminated in accordance with this Article XII, or by summary proceedings or otherwise, or upon the Lessee's LEASE OF AIRPORT LANDS Page 17 of 32 Page 60 of 245 City: Lessee: abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or representatives may, immediately or any time thereafter, re- enter, and resume possession of the Premises or portion thereof, and remove all persons and property therefrom, without being liable for any damages therefore. No re -entry by the City shall be deemed an acceptance of a surrender of the Lease. C. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will continue to pay City rent after the expiration, termination, or cancellation of this lease and to abide by the lease obligations, including providing proof of insurance coverage, through the date Lessee relinquishes possession of and completely vacates the Premises. City will consider the Premises completely vacated if the Lessee has; Remediated any environmental contamination for which the Lessee is responsible; and 2. Restored the Premises to a neat and clean physical condition acceptable to the City. D. REASONABLE CURE 1. In the case of a violation that cannot be reasonably cured within 30 days, a notice of cancellation issued by the City to the Lessee under this Article is stayed if, within the 30 -day notice period, the Lessee begins and continues expeditious action to cure the violation. The City will determine if a violation cannot be reasonably cured within 30 days and what constitutes expeditious action. 2. In the case where, in City's sole determination, Lessee's violation is considered an imminent threat to the airport, public health or safety, or the environment, City will direct the Lessee to stop the activity immediately and may reduce the period to cure the violation, or the City may correct the violation pursuant to (E) of this Article. E. RIGHT OF CITY TO PERFORM: If, after 30 days following notice the Lessee fails or refuses to perform any action required by this Lease, the City will have the right, but not the obligation, to perform any or all such actions required by this Lease at the sole expense of the Lessee. The City will not take action if the Lessee begins and continues expeditious action to perform any action required by this Lease that cannot be reasonably completed within 30 days. The City will, at its sole discretion, determine what constitutes expeditious action and if an action cannot be LEASE OF AIRPORT LANDS Page 18 of 32 Page 61 of 245 City: Lessee: reasonably performed in 30 days. The City will submit to the Lessee an invoice for the expenses incurred by the City in the performance by the City of any required action. The Lessee will pay the amount of each invoice within 30 days from issuance. 2. If Lessee fails or refuses to perform any action that has been deemed an imminent threat the City will have the right, but not the obligation, to perform any or all such actions required to expeditiously correct the imminent threat. Lessee shall reimburse the City for any cost, including legal fees and administrative costs reasonably incurred by the City in acting to correct the imminent threat violation. F. WAIVER: A waiver by the City of any default by the Lessee of any provision of this Lease will not operate as a waiver of any subsequent default. If the City waives a default, the City is not required to provide notice to the Lessee to restore or revive any term or condition under this Lease. The waiver by the City of any provision in this Lease cannot be enforced or relied upon unless the waiver is in writing and signed on behalf of the City. The City's failure to insist upon the strict performance by the Lessee of any provision in this Lease is not a waiver or relinquishment for the future, and the provision will continue in full force. G. AIRPORT CLOSURE: If the City closes the airport to aircraft operations for sixty (60) days or less, this Lease will remain in full force and effect without adjustment 2. If the City closes the Airport to aircraft operations for more than sixty (60) days, but not permanently, and this Lease is for aviation or direct aviation support uses, the Lessee may, upon written notice to the City, either terminate the Lease or retain the Lease and receive a fifty (50 %) percent rent reduction or credit for that portion of the closure that exceeds sixty (60) days. 3. If the City permanently closes the Airport to aircraft operations and (a) this Lease is for aviation or direct aviation support uses, the Lessee may terminate this agreement by written notice to the City; or (b) this Lease is for non - aviation uses, the Lessee may request in writing to have the Lease terminated. The City will consider the Lessee's request in light of the City's best interest and either terminate the Lease, or deny the Lessee's request in writing. LEASE OF AIRPORT LANDS Page 19 of 32 Page 62 of 245 City: Lessee: H. DISASTERS The Lessee or City may cancel this lease upon written notice to the other party if; the Premises becomes unusable through no fault of either party and performance under this lease becomes impossible; or 2. the Airport becomes unusable through no fault of either party and the performance under this lease becomes impossible. If the Lessee elects in writing that it will continue to operate after notice from City to Lessee that the Airport has become unusable, the Lessee's obligations under the Lease will continue, but City shall be under no obligation to continue to perform. Causes for termination of the lease under this provision (H) include acts of God, the public enemy, and the United States. 1. NATIONAL EMERGENCY: If the federal government declares a national emergency, neither party may hold the other liable for any inability to perform any part of this Lease as a result of the national emergency. J. SURRENDER ON TERMINATION: Except as provided otherwise in this Article X11, Lessee shall, on the last day of the term of this Lease (including any extension or renewal thereof) or upon any earlier termination of this Lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly pennitted by the City in wri City. ting, and free and clear of all liens and encumbrances other than those created by and for loans to ARTICLE XIII GENERAL COVENANTS A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. B. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to recording costs, shall be paid by Lessee. LEASE OF AIRPORT LANDS Page 20 of 32 Page 63 of 245 City: Lessee: C. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good order at the Lessee's own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any earlier termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. D. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the Premises by the Lessee must be compatible with its surroundings and consistent with the uses authorized under this Lease, as determined by the City. The Lessee must obtain the City's written approval before placing fill material, beginning any land development, or constructing or demolishing any improvements on the Premises, and before beginning any alterations, modifications, or renovation of existing structures on the Premises. The Lessee must submit to the City detailed drawings of the proposed development, alteration, modification, or renovation, together with specifications or any other information the City reasonably requires. Further, the Lessee will submit to City evidence of the Lessee's compliance with Federal Aviation Administration regulation 14 CFR Part 77. E. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. F. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the Premises, except that the following shall not construed as a denial of the right of quiet or peaceable possession: Any inconvenience caused by public works projects in or about the Premises; and 2. Any other entries by the City on the Premises reserved or authorized under other provisions of this Lease. G. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venture of Lessee in the conduct of the Lessee's activities or business on the Premises. The relationship between the City and the Lessee is, and shall at all times remain, strictly that of landlord and tenant, respectively. H. DISCRIMINATION: The Lessee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for LEASE OF AIRPORT LANDS Page 21 of 32 Page 64 of 245 City: Lessee: employment, or other person or group of persons in any manner prohibited by federal or state law. The Lessee recognizes the right of the City to take any action necessary to enforce this Provision, including actions required pursuant to any federal or state law. 1. AFFIRMATIVE ACTION: If required by 14 CFR Part 152, subpart E, the Lessee will undertake an affirmative action program to insure that no person will be excluded from participating in any employment activities offered by the Lessee on the grounds of race, creed, color, national origin, or sex. No person may be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by subpart E. The Lessee further agrees that it will require its suborganization(s) provide assurance to the City to the same effect that they will also undertake affirmative action programs and require assurances from their suborganization(s) as required by 14 CFR, Part 152, subpart E. Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to title 49, code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulation may be amended. J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms, conditions, and agreements of the parties and supersedes any previous understandings or agreements regarding the Premises whether oral or written. No modification or amendment of this Lease is effective unless in writing and signed on behalf of the City and the Lessee. K. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the Airport, including the Premises. The City shall not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights under this Lease, on account of the exercise of the City's authority reserved under this provision. Furthermore, the Lessee shall not be entitled to terminate the whole or any portion of the leasehold estate created under this Lease, by reason of the exercise of the City's authority reserved under this provision, unless the exercise thereof so interferes with Lessee's use and occupancy of the Premises as to constitute a termination, in whole or in part, of this Lease by operation of law under the laws of the State of Alaska and of the United States made applicable to the states. L. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the Premises or improvements on the Premises for any labor or material furnished to Lessee or claimed to have been famished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on the Premises or improvements by or at the direction or sufferance of Lessee. Provided, however, the Lessee shall LEASE OF AIRPORT LANDS Page 22 of 32 Page 65 of 245 City: Lessee: have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. Upon a final determination of the lien or claim for lien, the Lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. M. CONDEMNATION: In the event the Premises or any part thereof shall be condemned and taken for a public or a quasi - public use, then upon payment of any award or compensation arising from the condemnation or taking, the City and the Lessee shall make a good faith effort to agree upon 1. the division of the proceeds; 2. the abatement in rent payable during the term or any extension of the term of this Lease; and 3. other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If, within thirty (30) days after the award has been paid into Court, the City and Lessee are unable to agree upon what division, abatement in rent, and other adjustments as are just and equitable, the dispute shall be determined by arbitration. N. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for in this Lease. O. NOTICES: Any notices required by this Lease must be in writing and must be delivered personally or mailed by certified or registered mail in a prepaid envelope. A mailed notice a. must be addressed to the respective party at the address written on the first page of this Lease or to the latest address designated in accordance with (2) of this Provision (0); and b. shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City or the Lessee may, from time to time, designate a new address at which they will receive notices by providing the other party with written notice at least 15 days prior to the effective date of the change. An address change notice must be delivered according to the procedure set out in (1) of this Provision (0). LEASE OF AIRPORT LANDS Page 23 of 32 Page 66 of 245 City: Lessee: P. RETENTION OF RENTAL: In the event the City terminates this Lease because of any breach by the Lessee, the City shall retain any unused balance of the rental payment last made by the Lessee City as partial or total liquidated damages for the breach. Q. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection on the Airport. R. PERSONAL USE OF MATERIALS: No interest in coal, oil, gas or any other mineral, or in any deposit of stone or gravel valuable for extraction or utilization is included in the Premises or in the rights granted by this lease.. The Lessee shall not sell or remove from the Premises for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes. S. APPROVAL OF OTHER AUTHORITIES: The granting of this lease by the City does not relieve the Lessee of the responsibility to obtain any license or permit as may be required by federal, state, or local law. T. EXECUTION BY THE PARTIES: This Lease is of no effect unless signed by the Lessee, or a duly authorized representative of Lessee, and an authorized representative of the City. U. CAPTIONS: The captions of the provisions of this Lease are for convenience only and do not necessarily define, limit, describe, or construe the contents of any provision. V. RIGHTS OF CONSTRUCTION: This Lease is intended to make public property available for private use, while at all times protecting the public interest to the greatest extent possible. Following the rule that transfers of interest in public property are to be strictly construed in favor of the public property landlord, all rights granted to the Lessee under this Lease will be strictly construed, and all rights of the City and the protections of the public interest will be liberally construed. W. LESSEE ACKNOWLEDGEMENT: The Lessee acknowledges that the Lessee has read this Lease and fully understands its terms, that the Lessee has been fully advised or has had the opportunity of advice by separate legal counsel, and voluntarily executes this Lease. Lessee also acknowledges and agrees that the rule of interpretation under which a document is construed against the drafter will not apply to this Lease. LEASE OF AIRPORT LANDS Page 24 of 32 Page 67 of 245 City: Lessee: X. APPROVAL BY LESSOR: Any approval required of the Lessor by this Lease will not be unreasonably withheld. The Lessor's approval does not waive the Lessee's legal responsibility or liability to comply with all applicable federal and state laws and regulations. ARTICLE XIV SURVEY, IMPROVEMENTS AND PERFORMANCE BOND A. SURVEY: The Lessee is solely responsible, at its sole expense, to confirm or establish the physical location of the boundaries of the Premises prior to beginning any construction thereon, including clearing grubbing, back - filling and environmental sampling. Any survey of the Premises shall be performed by a Land Surveyor registered in the State of Alaska. The Lessee shall furnish the City with a copy of the plat of any survey performed on the Premises by, or on behalf of, the Lessee. B. IMPROVEMENTS. REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to complete land development and construction of Permanent Improvements including N /A, by no later than N/A with an appraised value of at least $N /A. In addition to the as -built drawings required by this Lease, the Lessee must submit to the City written evidence that the Lessee has completed the land development and constructed improvements on the Premises with an aggregate cost or investment of not less than $N /A. The evidence of cost must be submitted to the City within sixty (60) days of the completion of the development and improvements, but by no later than N /A. a. Costs considered toward the aggregate cost of permanent improvements include building construction, design, labor, materials, materials shipping, permits, equipment, soil testing, environmental baseline report, and environmental assessment directly related to the construction; premises and as -built surveys; site preparation, including excavation, geotextile fabric, filling, grading, fill material, gravel, and pavement, remediation of environmental contamination (unless Lessee caused or materially contributed to the contamination); and utility connection costs. b. The cost of Permanent Improvements excludes (i) work performed by the City and not reimbursed by the Lessee; and LEASE OF AIRPORT LANDS Page 25 of 32 Page 68 of 245 City: Lessee: work performed by the Lessee and reimbursed by the City. 2. FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete the required construction within the time allowed under (13)(1) of this Article, including any extensions granted, the City will execute against and the Lessee will forfeit, any bond or other guarantee given by the Lessee and, as applicable, City will a. initiate cancellation of the lease; or b. reduce the term of the lease to a period that is consistent with the portion of the required construction timely completed. 3. APPEARANCE: When completed, all improvements on the Premises must be neat, presentable, and compatible with the authorized use of the Premises under this Lease, as determined by the City. 4. CITY APPROVAL REQUIRED: The Lessee must first obtain the City's written approval before beginning any land development, construction or demolition of any improvements on the Premises, or before beginning any alterations, modifications, or renovation of existing structures on the Premises. The Lessee must submit to the City detailed drawings of the proposed development, alteration, modification, or renovation. Further, the Lessee will submit to City evidence of the Lessee's compliance with the FAA regulation 14 CFR Part 77. 5. CITY APPROVAL WITHHELD: The City's approval of any construction, alteration, modification, or renovation will not be withheld unless: a. the Lessee fails to demonstrate adequate financial resources to complete the project; b. the project plans, specifications, and agency approvals are incomplete; C. the proposed project would result in a violation of an applicable ordinance, regulation, or law; d. the proposed project would interfere with or is incompatible with the safety, security, maintenance, or operation of the airport; e. the proposed project is inconsistent with the Airport Master Plan; f. the proposed project is inconsistent with the terms of the lease, zoning ordinances, or the City's Comprehensive Plan; g the project plans do not make sufficient provision for drainage, aircraft, vehicle, and equipment parking, or for snow storage; or h. the proposed project does not conform to generally recognized LEASE OF AIRPORT LANDS Page 26 of 32 Page 69 of 245 City: Lessee: engineering principles or applicable fire or building codes. 6. DEMOLITION: Prior to any demolition of any structure(s) on the Premises, Lessee will deliver to City a written scope of work that, at a minimum, lists the structure(s) that are to be demolished and the timeframe for demolition and removal of the debris from the Airport. City will review Lessee's scope for demolition and issue Lessee written approval for the work to be done. BUILDING SETBACK: No building or other permanent structure may be constructed or placed within twenty (20) feet of any lot line of the Premises without City's prior written approval. In addition, no building or other permanent structure may be constructed or placed within N/A feet of any boundary line of the Premises which fronts on a landing strip, taxiway, or apron. 8. AS -BUILT DRAWINGS: Within sixty (60) days after completion of construction or placement of improvements upon the Premises, the Lessee will deliver to the City a copy of an as -built drawing, acceptable to the City, showing the location and dimensions of the improvements, giving distances to all Premises' boundaries. If the Lessee constructs underground improvements, the Lessee will appropriately mark the surface of the land with adequate surface markers. The type, quantity, and distance between such markers will be subject to approval of the City. 9. AIRPORT SECURITY FENCING: If any construction by the Lessee requires a realignment or alteration of an existing security fence on the Premises or boundary of the Premises, the Lessee agrees to realign or alter the fence in a manner approved in writing by the Airport Manager. Anytime the fence must be breached to allow the Lessee to complete improvement construction or fence modifications, the Lessee shall, at the Lessee's sole expense place temporary barriers to maintain the security of the Airport, as determined by the Airport Manager. If damage occurs to a security fence on the Premises or boundary of the Premises in connection with the Lessee's use or occupation of the Premises, the Lessee shall promptly repair the fence to the satisfaction of the Airport Manager. 10. DAMAGE TO IMPROVEMENTS: If Lessee's improvements on the Premises are damaged or destroyed, Lessee will cause the improvements to be repaired or rebuilt, and restored to normal function within two (2) years following the damage or destruction. If the Lessee fails to timely rebuild or restore the improvements, the City may, at its sole discretion, either reduce the term of this Lease commensurate with the estimated value of the Lessee's remaining, fully functional improvements on the Premises, or cancel this Lease. LEASE OF AIRPORT LANDS Page 27 of 32 Page 70 of 245 City: Lessee: 11. DAMAGE NEAR EXPIRATION: If Lessee's improvements are damaged to the extent that more than 50% of the space is unusable and the damage occurs within five years of the expiration of the term of this Lease, Lessee may remove the damaged improvements, restore the Premises and terminate this Lease. C. PERFORMANCE BOND : Prior to beginning the construction of permanent improvements required under (13)(1) of this Article, the Lessee shall submit to the City a performance bond, deposit, or other security in the amount of $N /A. The fonn of the bond or other security shall be subject to the City's approval. D. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease, including any extension or renewal, or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale th However, if City should require any such document in confirmation hereof, Lessee shall execute, ereon. acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. E. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three days prior to commencing any construction project valued in excess of 51,000.00 on the Premises. The Lessee agrees to assist in the posting of a notice of non - responsibility and maintenance of the notice on the Premises during construction. Lessee agrees that in the event the Lessee fails to notify the City as required by this Provision (f), the Lessee shall indemnify the City against any materialmen's liens as defined in AS 34.35.050 which arise as a result construction on the premises. of ARTICLE XV SPECIAL PROVISIONS A. CITY CONSTRUCTED IMPROVEMENTS. L. ALTERNATIVE ONE — The City commits to construct improvements after the lease is signed. LEASE OF AIRPORT LANDS Page 28 of 32 Page 71 of 245 City: Lessee: (a) As part of the exchange of consideration of this lease, the City will, at the City's expense, cause the following improvements to be constructed on or in connection with the Premises: (i) N /A; (ii) N /A; (iii) N /A. (b) The City's total cost of the improvement construction shall not exceed $N /A without the Lessee's written concurrence. (c) The Lessee shall reimburse the City for the City's cost of constructing the improvements. The reimbursement shall be made in ten (10) equal annual payments, plus interest at eight percent (8 %) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City earlier than due. (d) After completing the improvements, the City will give the Lessee written notice of the City's total cost of constructing the improvements and the date on which the Lessee's reimbursement payments shall begin, which date shall be no earlier than 60 days after the date of the City's notice. The Lessee's annual reimbursement payment for each succeeding year shall be made to the City by no later than the anniversary of date on which the first payment was due. (e) Failure by the Lessee to timely reimburse the City as required under (b) through (d) of this provision shall be grounds for termination of this lease by the City. 2. ALTERNATIVE TWO — The City builds improvements before the lease is signed. (a) The Lessee acknowledges that prior to the execution of this lease, the City constructed the following improvements on or in connection with the Premises: (i) N /A; (ii) N /A; (iii) N /A. (b) The City's total cost to construct the improvements was $N /A. LEASE OF AIRPORT LANDS Page 29 of 32 Page 72 of 245 City: Lessee: (c) As part of the consideration of this lease, the Lessee shall reimburse the City for the City's cost of constructing the improvements. The reimbursement shall be made in ten (10) equal annual payments, plus interest at eight percent (8 %) per year on the unpaid balance. The Lessee may pay the entire remaining balance to the City earlier than due. (d) The Lessee shall make the first reimbursement payment to the City by no later than the first anniversary of the lease term beginning date given in Article III of this Lease. The Lessee's annual reimbursement payment for each succeeding year shall be made to the City by no later than the anniversary of date on which the first payment was due. (e) Failure by the Lessee to timely reimburse the City as required under (c) and (d) of this provision shall be grounds for termination of this Lease by the City. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. JAMES H. DOYLE, individually LE James H. Doyle CITY OF KENAI By: Rick R. Koch City Manager LESSEE: WEAVER BROTHERS, INC. By: Name & Title LEASE OF AIRPORT LANDS City: Page 30 of 32 Lessee: Page 73 of 245 (If Lessee is a Corporation) ATTEST: Name Title STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2013, JAMES H. DOYLE, being personalty known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 2013, Name: , Title: of WEAVER BROTHERS, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. LEASE OF AIRPORT LANDS Page 31 of 32 Notary Public for Alaska My Commission Expires: Page 74 of 245 City: Lessee: STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2013, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Approved as to lease form by City Attorney: Approved by Finance Director: Notary Public for Alaska My Commission Expires: J� Airport Commission recommended approval on June 13, 2013 Planning & Zoning Commission recommended approval on June 12, 2013 Sandra Modigh, City Clerk LEASE OF AIRPORT LANDS Page 32 of 32 Page 75 of 245 City: Lessee: THIS PAGE IS INTENTIONALLY LEFT BLANK Page 76 of 245 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AWARD OF A CONTRACT FOR THE KENAI MUNICIPAL AIRPORT 2013 OBSTRUCTION TREE REMOVAL PROJECT. WHEREAS, on April 25, 2013, the City issued a request for bids for the Kenai Municipal Airport 2013 Obstruction Tree Removal Project; and, WHEREAS, only the following bid was received by the bid due date; and, WHEREAS, Gage Tree Service, LLC's bid is the only responsive bid and award to this bidder is in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to Gage Tree Service, LLC. for the bid price; and, WHEREAS, the FAA has given concurrence to award to Gage Tree Service, LLC; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, I. That the City Manager is authorized to enter into a contract with Gage Tree Service, LLC, for the Kenai Municipal Airport 2013 Obstruction Tree Removal Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, 2013. this 3rd day of July, ATTEST: Sandra Modigh, City Clerk Approved by Finance: —Z� PAT PORTER, MAYOR Page 77 of 245 Municipa l lAirpn rt 30S m. vnLLOW ST. SUrrE 200 KFi W, ALASKA 99811 TELEPHONE 907,283.7951 FAX 907 - 1833737 Rick R. Koch - City Manager From: Mary Bondurant - Airport Managb Date: June 26, 2013 9`t Subject: Resolution 2013 -h Award of Contract for 2013 Obstruction Tree Removal Project Attached is Resolution 2013 -26 to award the above project to Gage Tree Service, LLC for the amount of $340,800. This project is to satisfy, the discrepancy noted by the FAA in the Letter of Correction issued to the Kenai Airport on January 24, 2013: 139.331 - Obstructions Trees on the southwest side of runway IL-19R penetrate the imaginary surfaces of FAR Part 77 and a potential hazard to aviation. These obstructions should be identified and removed. Con•ection date: September 30, 2013. City Administration and the FAA have reviewed the one bid and recommend the award of die contract. if you have any questions, please contact me. Attachment Cc: Terry Eubank — Finance Manager www. ke na i. airpon. con, Page 78 of 245 Bondurant From: krisjon.tabisole @faa.gov Sent: Tuesday, June 25, 2013 5:24 PM To: Mary Bondurant Subject: Re: FW: KMA Clearing Project Attachments: KMA Clearing Bid Evaluation and Recommendation. pelf Hi Mary, The FAA concurs with award to the apparent low bidder for the AIP Project referenced in your e-mail and attachments below, Gage Tree Service, LLC, for the total bid amount of $340,800. 1 have reviewed the bid tabs. Per conversations with you the City of Kenai put forth a Good Faith Effort at getting this project advertised to an adequate range of contractors and gave ample time for contractors to respond. Please let me know if you have additional comments or questions. Also, per our recent conversation I look forward to receiving the revised CIP Data Sheet, along with revised Application Package and referenced attachments. Sincerely, Krisjon Krisjon Tabisola, E.I.T. Project Manager, AAL -623 FAA Airports Division Alaskan Region krisjon tabisola( faa cov (907) 271 -3785 phone (907) 271 -2851 fax . rcn. Mary Bondurant <mbondurantr+7a ci ke n' ak us> AAL -601, Airports Division T, . Krisjon Tabisola /AAUFAA@FAA. Dale, 06120/2013 10:45 AM ibjscc FW: KMA Clearing Project Krisjon — Please consider this as my request for "concurrence to award ". A second email will follow from the City Attorney recommending the award. With FAA approval received by Tuesday, June 25"' the contract will be awarded at the July 3, 2013 Council meeting and the project can start after July 15r". Thank you for consideration of this very important project. Mary L. 3o Ldiu�a nt Airport Manager Kenai Municipal Airport 305 N. Willow St., Suite 200 Kenai, AK 99611 tel: 907.283.7951 Page 79 of 245 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 80 of 245 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -50 • RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING • BUDGET TRANSFER WITHIN THE PERSONAL USE FISHERY FUND - PARKS, RECREATION & BEAUTIFICATION DEPARTMENT. WHEREAS, per the City's new Personal Use Fishery Waste Management Plan (the Plan) the City will provide dumpster rental and daily servicing on the north Kenai Beach between the mouth of the Kenai River and South Spruce Street as well as rental and daily servicing of portable restrooms at the Kenai Little League overflow parking area; and, WHEREAS, the FY14 Budget was based upon the estimated cost of the new management plan, however, proposed costs have exceeded the estimated and budgeted amounts requiring additional funding to execute the Plan; and, WHEREAS, contingency funds of $19,837 were budgeted in the Parks, Recreation & Beautification Department of the Personal Use Fishery Fund for this type of situation; and, WHEREAS, providing additional funding to allow implementation of the City's new Personal Use Fishery Waste Management Plan is in the best interest of the fishery's Participants and the residents of the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: _Personal Use Fishery Fund Parks, Recreation & Beautification Department From: Contingency $19,837 To: Rentals Page 81 of 245 $19,837 Resolution 2013 -50 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3m day of July, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Page 82 of 245 "vIillaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 /FAX: 907 - 283 -3014 1992 MEMO* 'U \TO: Rick Koch, City Manager FROM: /Robert J. Frates, Parks & Recreation Director DATE: June 26, 2013 SUBJECT: Budget Transfer Resolution Purpose of this correspondence is to recommend a budget transfer within the Personal Use Fishery Fund, Parks Recreation and Beautification Department. Reason for the transfer is because the proposed costs to implement the new Personal Use Fishery Waste Management Plan have exceeded the estimated and budgeted amounts. There are sufficient funds in the contingency account to absorb the additional funding needed. Page 83 of 245 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 84 of 245 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO PENINSULA PUMPING, INC. FOR PORTABLE RESTROOMS AND DUMPSTER RENTAL AND SERVICE FOR THE UPCOMING PERSONAL USE FISHERY FOR THE TOTAL AMOUNT UP TO $74,314. WHEREAS, Peninsula Pumping, Inc. is the only service provider with the ability to provide the rental, setup, and servicing of portable restrooms and dumpster service on the north and south Kenai beaches; and, WHEREAS, Peninsula Pumping, Inc. has provided this service in years past and has the supplies, material, and equipment to meet the City's requirements; and, WHEREAS, after analysis of prior performance, prior price, the requested increase in level of service and current proposed price, the administration a recommends award of contract to Peninsula Pumping, Inc. in the amount of $74,314 m provide portable dumpster and toilet rental and servicing for the 2013 personal use fishery. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City Council authorizes the City Manager to execute a contract with Peninsula Pumping, Inc. in the amount of $74,314 to provide portable dumpster and toilet rental and servicing for the 2013 personal use fishery. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2013. ATTEST: PAT PORTER, MAYOR Sandra Modigh, City Clerk Approved by Finance:-, -Contingent upon passage of Resolution No. 2013 -50) Page 85 of 245 "Village, WIM a Past, C# wifk a Future's 210 Fidalgo Avenue, Kenai, Alaska 99611 -77944 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 flll�l 1992 MEMO: TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: June 27, 2013 SUBJECT: Resolution 2013 -51 Purpose of this correspondence is to recommend awarding a contract to Peninsula Pumping, Inc. for the rental and servicing of portable toilets & dumpsters for the 2013 Personal Use Fishery. Peninsula Pumping, Inc. has been the service provider for the Personal Use Fishery for many years and has the necessary resources (permitting, equipment, etc.) to meet the City's requirements as directed in the Personal Use Fishery Waste Management Plan. As part of this year's plan, six (6) dumpsters will be spaced between the mouth of the Kenai River and South Spruce Street and will receive daily servicing. This will be in addition to the daily servicing of dumpsters and portable toilets elsewhere on the north and south beach areas. Page 86 of 245 Suggested by: Council Members Boyle and Marquis CITY OF KENAI RESOLUTION NO. 2013 -52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT THE REGULAR ELECTION OF OCTOBER 1, 2013, THE QUESTION OF AMENDING THE CHARTER OF THE CITY OF KENAI TO REMOVE GENDER SPECIFIC REFERENCES. WHEREAS, the Charter of the City of Kenai was approved by the qualified voters of the City of Kenai at the regular election of May 14, 1963; and, WHEREAS, as written fifty years ago the Charter generally refers to council and other Positions in the City in the masculine form only; and, WHEREAS, even though the Charter contains the following statement: "[w]hen used in this Charter, ... the masculine gender includes the feminine and neuter, unless the context clearly indicates otherwise" amending the Charter to reflect current societal norms and realties by changing all masculine references to gender neutral references is in the best interest of the City and sends a positive message to the City's residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the October 1, 2013 regular election in substantially the same form as set out hereafter: PROPOSITION No. X Amending The Charter Of The Kenai City To Remove Gender Specific References Shall the Charter of the City of Kenai be amended by removing all references in the masculine form and replacing them with gender neutral references. PROPOSITION YES [A Yes vote will amend the Charter of the City of Kenai to wake it gender neutral] NO [A No vote will retain the existing Charter language, which contains only masculine references] New Text Underlined; [DELETED TEXT BRACKETED] Page 87 of 245 Resolution No. 2013 -52 Page 2 of 12 Section 2: That following the October 1, 2013 regular election, if the voters approve the proposition in substantially the same form as set out above; the following charter amendments would become effective subject to the passage of any other Charter Amendments approved of the same election: Section 1 -3. Form of Government— Changes In —City Administrator. (a) The form of municipal government provided by this Charter shall be either the "Mayor - Council" or the "Council- Manager" form of government as the Council, by non - emergency ordinance, may provide. Unless the Council provides otherwise by non - emergency ordinance, the form of government of the City shall be the Mayor - Council form. (b) When the City is operating under the Mayor - Council form of government, the term "City Administrator," wherever used in this Charter, shall mean the Mayor, and the Mayor shall have the powers, duties, and functions of the City Administrator; provided that, when the City is operating under the Mayor - Council form of government, the City Clerk shall have such powers, duties, and functions of the City Administrator as the council by ordinance may vest in [HIM]the position. When the City is operating under the Council- Manager form of government, the term "City Administrator," wherever used in this Charter, shall mean the City Manager, and the City Manager shall have the powers, duties, and functions of the City Administrator. Section 2 -1. Council[MEN]: Number, Qualifications. (a) There shall be a Council of seven members, which shall consist of the Mayor and six other council[MEN]members. Unless otherwise clearly indicated by the context, the words "council[MAN]" and "council[MEN]member s " shall include the mayor as well as other council[MEN]members. (b) Only qualified voters of the City who, at the time of their election or choice to fill a vacancy, are at least twenty-one years old, and have resided within the City for one year, immediately preceding the election, shall be qualified for the offices of Mayor and other council- members. If a councilmember ceases to be a resident of this City, he /she shall thereupon cease to hold office. (Amended by Special Election on June 28, 1994.) Section 2 -2. Mayor and Vice Mayor. (a) The Mayor shall preside at meetings of the Council. [HE]The Mayor shall be recognized as head of the City government for all ceremonial purposes and by the Governor for purposes of military law. As a council[MAN]member, [HE]the Mayor shall have all powers, rights, privileges, duties, and responsibilities of the council[MEN]members, including the right to vote on questions. If a vacancy occurs in the office of Mayor, the Council shall elect a qualified person, who may or may not already be a council[MAN]member at the time, to be Mayor for completion of the unexpired term or until the vacancy is filled by election. (b) At the first meeting after the time prescribed for the beginning of the terms of newly elected council[MEN]members or as soon thereafter as practicable, the Council New Text Underlined; ]DELETED TEXT BRACKETED] Page 88 of 245 Resolution No. 2013 -52 Page 3 of 12 shall elect one first of its members Vice Mayor, who shall serve as such until the next such rst meeting. The Vice Mayor shall act as Mayor during the absence or disability of the Mayor, or, if a vacancy occurs in the office of Mayor, until another Mayor is elected and qualifies. If the office of Vice Mayor becomes vacant, the Council shall elect from its members another Vice Mayor for completion of the unexpired term. Section 2 -3. Mayor and CouncHIMENlmembers: Compensation. The compensation, if any, of the Mayor and other council[MEN]members shall be determined by a non - emergency ordinance; but no increase in such compensation shall become effective until after a regular City election has been held. The Mayor and other council[MEN]members may be reimbursed for expenses incurred in the discharge of their official duties. This section shall not affect the compensation which a member of the Council may receive as a member of the Borough Assembly. Section 2 -5. City Clerk. There shall be a City Clerk, who shall be an officer of the City appointed by the Council for an indefinite term. The City Clerk shall serve as clerical officer of the Council. fHE]The City Clerk shall keep the journal of the proceedings of the Council, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it. [HE]The City Clerk shall be custodian of such documents, records and archives as may be provided by law or ordinance; shall be custodian of the seal of the City, and shall attest, and affix the seal to documents when required in accordance with this Charter, law or ordinance; shall keep a correct and up -to -date record of the city boundaries and changes therein; and shall have such powers and duties relating to elections as this Charter or the Council may prescribe. (Amended by Proposition #1, October 5, 1976.) Section 2 -6. Council: Meetings. The Council shall hold at least two regular meetings every month at such times as it may prescribe by ordinance, resolution, or rules of the Council. The Mayor or any four council[MEN]members may call special meetings. All meetings of the Council shall be open to the public, and the journal of its proceedings shall be open to public inspection; but committees of the Council, including the committee of the whole, may hold private meetings; provided that all actions of the Council shall be taken at public meetings. Section 2 -7. Council: Absences to Terminate Membership If the Mayor or any other council[MAN]member shall be absent from more than one -half of all the meetings of the Council, regular and special, held within any period of three (3) consecutive calendar months, [HE]the Mayor or councilmember shall thereupon cease to hold office. Section 2 -8. Council(MEN]members: Removal. New Text Underlined; ]DELETED TEXT BRACKETED Page 89 of 245 Resolution No. 2013 -52 Page 4 of 12 The Mayor or any other council[MAN]member may be removed from office for any cause specified by applicable state law for the removal of officers, and in the manner prescribed thereby, or by recall as provided in this Charter. Section 2 -9. Council: Vacancies. (a) The Council, by a majority vote of its remaining members, shall fill vacancies in its own membership, including a vacancy in the office of Mayor, for the unexpired terms or until the vacancies are filled at elections as provided herein. In case no council[MEN]members remain, the City Clerk, or in [HIS]the City Clerk's absence, the City Attorney shall forthwith call a special election to fill the vacancies in the Council for the unexpired terms. (b) If a vacancy occurs before the beginning of a regular filing period for candidates for council[MEN]members, and the unexpired term extends beyond the time when the terms of council[MEN]members elected that year begin, then a mayor or council[MAN]member for that place shall be elected at the regular election of that year to serve the rest of the unexpired term beginning at the time the terms of council[MEN]members elected that year begin. Section 2 -12. Ordinances: Passage, When in Effect. (a) A proposed ordinance shall be read, and a vote of a majority of all the council[MEN]members shall be required for its final passage. The vote on final passage of every ordinance shall be by roll call, and the names shall be individually recorded in the journal. The Mayor shall have no power of veto. No ordinance except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. Within ten (10) days after its passage, every ordinance shall be published in full or by number and title. (b) Emergency ordinances and ordinances making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. All other ordinances shall go into effect one (1) month after passage and publication unless they specify a later time. Section 3 -1. City Manager: Appointment, Term, Qualifications, Removal. (a) When the City is operating under the Council- Manager form of government, there shall be a City Manager. The Council shall appoint [HIM]the City Manager for an indefinite term by a vote of a majority of all its members. It shall choose [HIM the City Manager on the basis of [HIS]the City Manager's executive and administrative qualifications. At the time of [HIS]the City Manager's appointment, [HE]the Ci Manager need not be a resident of the city or state; but, during [HIS]the Ci Manager's tenure of office, [HE]the City Manager shall reside within the City. (b) The Council may suspend or remove the City Manager at any time by an affirmative vote of five members. At least one month before removing the City manager, the Council shall give [HIM]the City Manager notice of the proposed removal New Text Underlined; DELETED TEXT BRACKETED] Page 90 of 245 Resolution No. 2013 -52 Page 5 of 12 and a written statement of the cause of removal, and before removal, shall give [HIM11he City Manager opportunity for a public hearing thereon. The Council may remove an Acting City Manager without notice. Section 3 -2. City Administrator: Powers and Duties. The city administrator (mayor or city manager, as the case may be) shall be chief administrative officer and head of the administrative branch of the city government. [HE)The City Administrator shall execute the laws and ordinances and administer the government of the City, and in case of a City Manager, shall be responsible therefor to the Council. [HE)The City Administrator shall: (1) Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote, or remove, all directors, or heads of administrative departments and all other administrative officers and employees of the City except as this Charter provides otherwise, subject to such merit- system regulations as the Council may adopt; (2) Supervise and control, directly or indirectly, all administrative departments, agencies, officers, and employees whom [HE]the City Administrator appoints; (3) Prepare a budget (including estimated revenues and proposed expenditures) annual and submit it to the Council, be responsible for budget administration after appropriations are made, and recommend to the Council any changes in the estimates and appropriations which [HE)the City Administrator deems desirable; (4) Submit to the Council a report as of the end of the fiscal year on the finances and administrative activities of the City for the preceding year; (5) Keep the Council advised of the financial condition and future needs of the City, and make such recommendations on matters of policy and other matters to the Council as may seem to [HIM[the City Administrator desirable; (6) Have such other powers, duties, and functions as this Charter may prescribe, and such powers, duties, and functions consistent with this Charter as the Council may prescribe. Section 3.4. Department of Finance: Finance Director. There shall be a Finance Director who shall be an officer of the City appointed by the City Administrator for an indefinite term, and who shall be head of the Department of Finance. Except as Council by ordinance provides otherwise, the Finance Director shall collect or receive revenue and other money for the City, shall deposit the same with the City Treasurer or for the City Treasurer in an account or accounts maintained by the City Treasurer in a depository or depositories, and shall maintain a general accounting system for the city government. [HE)T Finance Director shall have such other powers, duties and functions as may be prescribed ce the Charter, by applicable law, or by ordinance. (Amended by Proposition #1, October ` 5, 1976.) New Text Underlined; IDELETED TEXT BRACKETED Page 91 of 245 Resolution No. 2013 -52 Page 6 of 12 Section 3 -5. City Treasurer: Office Created, Duties. Within the Department of Finance, there shall be a City Treasurer; provided that the Finance Director shall be ex- officio City Treasurer except when the Council by ordinance provides that the City Administrator shall appoint a City Treasurer for an indefinite term. Subject to such regulation as the Council may prescribe, the City Treasurer shall deposit funds received for the City in such depositories as the Council may designate. [HE]The City Treasurer shall have such other powers, duties, and functions as may be prescribed by the Charter, by applicable law, or by ordinance. (Amended by Proposition 1, October 5, 1976.) Section 4 -2. Holding More Than One Office. Except as may be otherwise provided by this Charter or by ordinance, the same person may hold more than one office in the City government. The City Administrator may hold more than one such office, through self - appointment [BY HIMSELF], by the Council, or by other city authority having power to fill the particular office, subject to any regulations which the Council may make by ordinance; but [HE)the Ci Administrator may not receive compensation for service in other City offices and positions. Also the Council, by ordinance, may provide that the City Administrator shall hold, ex- officio, any designated administrative office or offices subordinate to the City Administrator, as well as other designated compatible City offices, notwithstanding any other provisions of this Charter. Section 4 -4. Oath or Affirmation of Office. Every officer of the City, before entering upon the duties of [HIS]their office, shall take and subscribe to the oath or affirmation of office prescribed by the Alaska Constitution, Article XII, Section 5. The oath or affirmation shall be filed and kept in the City Clerk's office. Section 4 -6. Removal, etc. of Officers and Employees. The power to lay off, suspend, demote, and remove accompanies the power to appoint or elect; and the City Administrator, the Council, or other appointing or electing authority at any time may law off, suspend, demote, or remove any officer or employee to whom [HE)the City Administrator, the Council, or the other appointing or electing authority respectively may appoint or elect a successor. Section 4 -8. Officers to Continue Until Successors Are Elected or Appointed and Qualify. Every officer who is elected or appointed for a term ending at a definite time, shall continue to serve thereafter until [HIS]the officer's successor is elected or appointed and qualifies unless [HIS]the officer's services are sooner terminated by resignation, removal, disqualification, death, abolition of the office, or other legal manner. Section 5 -3. Assessment, Levy, and Collection of Property Taxes— Liens. New Text Underlined; [DELETED TEXT Page 92 of 245 Resolution No. 2013 -52 Page 7 of 12 (a) The Council by ordinance, shall provided for the annual assessment, levy, and collection of taxes on property. (b) The City shall have a first lien on all real property against which taxes are assessed, for the taxes and any collection charges, penalties, and interest which may accumulate thereto; and the lien shall continue until the taxes and any such charges, penalties, and interest are paid; provided, however, that no single home and lot lived in by the owner shall be taken by the City for unpaid taxes during the life of the owner- occupant if [HE]the owner - occupant is over the age of sixty -five years or is permanently and totally disabled, and is unable to pay the taxes. Section 5 -8. Personal Interest. (a) Neither the City Administrator nor any council[MAN]member shall sell or barter anything to the City, or make any contract with the City, or purchase anything from the City other than those things which the City offers generally to the public (as for example, utility services), and then only on the same terms as are offered to the public, unless an invitation to submit sealed bids is published, and the City accepts the sealed bid which is most advantageous to the City; provided that the Council, by ordinance, may authorize such sales, contracts, or purchases involving a consideration of not more than $500 in value, to be made without such bids at prices or rates prevailing in the community and without favoritism or discrimination. (b) Any such officer violating this section, upon conviction thereof, shall thereby forfeit [HIS]the office. Any violation of this section, with the knowledge, express or implied, of the person or corporation contracting with the City, shall render the contract voidable by the City Administrator or the Council. (c) This section shall not apply in cases in which the City acquires property from any such officer by condemnation. Section 5 -9. Claims for Injuries The City shall not be liable in damages for injury to person or property by reason of negligence of the City unless, within four months after such injury occurs, the person damaged or [HIS]the Person's representative causes a written notice to be served upon an officer of the City upon whom process may be served. Such notice shall state that such person intends to hold the City liable for such damages and shall set forth substantially the time and place of the injury, the manner in which it occurred, the nature of the act or defect complained of, the extent of the injury so far as known, and the names and addresses of witnesses known to the claimant. (b) No person shall bring action against the City for damages to person or property arising out of any of the reasons or circumstances aforesaid unless such action is brought within the period prescribed by law or ordinance, nor unless [HE]the Person has first presented to the City Clerk a claim in writing, setting forth specifically the nature and extent of the injury and the amount of damages claimed. The City Clerk shall promptly present such claim to the Council for action. New Test Underlined; [DELETED TEXT Page 93 of 245 Resolution No. 2013 -52 Page 8 of 12 (c) Failure to give notice of injury or to present a claim within the time and in the manner herein provided, shall bar any action upon such claim. (d) This section shall not be deemed to waive any defense of immunity which the City may have from claims for damages arising out of negligence, but shall apply in all cases where such defense is not available to the City. Section 8 -1. How Granted. A franchise permitting the use of the streets, alleys, bridges, easements, and other public places of the City in the furnishing of a public -utility service to the City and its inhabitants may be granted to a person, extended, renewed, or amended only by a non - emergency ordinance passed by the Council, accepted as provided hereinbelow by the person to whom the franchise is granted, and approved at an election by a majority of the qualified voters voting on the question. After introduction, a copy of the ordinance in its final form must be in the office of the City Clerk and subject to the public inspection for at least one month before it is passed. Before passage, the Council shall hold a public hearing thereon, a notice of which must have been published at least one week prior to the hearing. Within two weeks after passage, the grantee must file with the City Clerk [HIS)the grantee's unconditional acceptance of all terms of the franchise, extension, renewal, or amendment; and if a special election is to be held for the purpose of voting thereon, must pay to the Department of Finance of the City an amount of money estimated by the City Clerk to be adequate to pay all expenses of holding such election. If any balance remains after all such expenses have been paid, it shall be repaid to the grantee. Section 8 -3. Sale or Assignment. The grantee of a franchise may not sell, assign, sublet, or allow another to use the same, unless the Council gives its consent. Nothing in this section shall limit the right of the grantee to mortgage [HIS)the grantee's property or franchise, nor shall it restrict the rights of the purchaser, upon foreclosure sale, to operate the same; but such mortgagee or purchaser shall be subject to the terms of the franchise, the provisions of this Charter, and the ordinances of the City. Section 9 -2. Minor- Violations Bureau. The Council by ordinance, may create a minor - violations bureau with authority to dispose of cases arising out of designated minor violations of ordinances, such as minor traffic and parking violations, when the accused waives [HIS]the right to be heard in court, pleads guilty, and pays fines and costs. The right of trial by jury shall not be abridged. Section 9 -3. Penalties. (a) The Council, by ordinance, shall have power to prescribe the punishment for violations of the Charter and ordinances of the City, but such punishment shall not exceed a fine of three hundred dollars or imprisonment for more than thirty days, or such greater fine or longer imprisonment as may be authorized by law, or both such New Text Underlined; [DELETED TEXT Page 94 of 245 Resolution No. 2013 -52 Page 9 of 12 fine and imprisonment, and costs of prosecution. When a judgment directs that the defendant pay a fine and /or costs and [HEJthe defendant fails to do so, [HE]the defendan t shall be imprisoned until the fine and /or costs are satisfied at a rate per day to be determined by ordinance, which cannot exceed one day for every five dollars of the fine and costs, except in cases where the Council by ordinance provides that unpaid fines and costs shall be satisfied in another manner. (b) Also the Council, by ordinance, may provide for the suspension or revocation by the Court of a permit or license issued by the City when the permittee or licensee is convicted of violating any provision of law or ordinance relating to the privilege, business, profession, trade, other vocation, or thing for which the permit or license was issued, as well as for suspension or revocation thereof otherwise. Section 10 -1. Annual Elections —Time. There shall be no primary election, but only a general election, herein also called general election, for the election of a Mayor and other council[MEN]members. Such election shall be held on the first Tuesday in October of each calendar year. (Amended Proposition 1, December 8, 1970.) Section 10 -2. Three -Year Terms — Election at Large— Nonpartisan Elections. (a) At the regular election in 1965, and at the regular election held every three years thereafter, a mayor shall be elected. At every regular election after this Charter goes into effect, two council[MEN]members shall be elected. (b) The Mayor and the other council[MEN]members shall be elected for overlapping terms of three years, and shall serve thereafter until their respective successors are elected and qualify; provided that, if only one council[MAN]member is elected and qualifies in any year (because of failure of other can didates to file or for other cause), then lots shall be cast in a meeting of the Council and under its direction to determine which of the two council[MEN]members whose terms are about to expire shall continue to serve; and provided further that, if (because of a vacancy) there is only one council[MAN]member whose term is about to expire, [HE]the councilmember shall continue to serve in such case. (c) The terns of office of the mayor and other council[MEN]members shall begin at the time prescribed for the second regular Council Meeting after their election. If the mayor -elect or a council[MAN]member -elect fails to qualify within one month after the beginning of [HIS]the term, [HIS] election of the councilmember shall be void, and the Council shall fill the vacancy. (d) The mayor and other council[MEN]members shall be elected at large, by the qualified voters of the entire City, by secret ballot. The election shall be nonpartisan, and no party designation or emblem shall be placed on the ballot. Section 10 -3. Filing. New Text Underlined; [DELETED TEXT BRACKETEDJ Page 95 of 245 Resolution No. 2013 -52 Page 10 of 12 Any qualified person may have [HIS]their name placed on the ballot for the election as a candidate for mayor or council[MAN]member by filing, with the City Clerk at times and pursuant to procedures provided by ordinance, a sworn statement of [HIS]their candidacy; provided that such sworn statement shall be accompanied by a nominating petition signed by 20 or more registered qualified City voters. (Amended Proposition 2, October 2, 1984.) Section 10 -4. Voting —Who Elected. (a) Every qualified voter of the City shall be entitled to vote for one candidate for mayor and for two candidates for council[MAN]member. On the ballots between the title of the office and the names of the candidates, shall be placed the instruction "Vote for one" or "Vote for two," as the case may be. A voter may also write in the name of, and vote for, a person whose name does not appear on the ballot. (b) The candidate for mayor receiving the greatest number of votes shall be elected. The two candidates for council[MAN]member receiving the greatest number of votes shall be elected. In case of failure to elect because of a tie, the election shall be determined fairly by lot from among the candidates tying, in a meeting of the Council and under its direction. Section 10 -5. Filling Vacancies at Elections, etc. When a mayor and /or council[MAN]member or council[MEN]members are being elected to fill a vacancy or vacancies for the unexpired term or terms, the provisions of this Charter shall apply as in the election of a mayor and /or council[MEN]members for regular terms, insofar as applicable. The phrases "for one -year term," "For two -year term," and /or "For three -year term," as the case may be, shall be placed after the titles of the offices on the ballot as necessary to identify the places on the Council being filled at such election. The instruction "Vote for one" or "Vote for two" shall be placed above the names of the candidates, depending on whether one or two are to be elected in the category. Section 10 -6. Qualified Voter Defined. Every qualified voter as defined in Article V of the Alaska Constitution, who resides within this City, shall be entitled to vote in any election and on any City question thereat; provided that such qualified voter must also possess any other qualifications which may be prescribed by or in accordance with law for voting on bond issues before [HE]the voter shall be entitled to vote on bond issues. Section 10 -7. Political Activity of Officers and Employees. (a) No officer or employee of the City except the mayor and other council[MEN]members and personnel who do not receive compensation for their services, may work for or against or attempt to influence the election or defeat of any candidate for mayor or council[MAN]member, or the recall of the mayor or any council[MAN]member; provided that this shall not prohibit the ordinary exercise of one's right to express [HIS]one's opinions and to vote. New Text Underlined; IDELETED TEXT BRACKETED) Page 96 of 245 Resolution No. 2013 -52 Page 11 of 12 (b) Any person who violates this section, shall be punished, upon conviction thereof, by a fine not exceeding fifty dollars and costs. Such violation shall constitute cause for removal from office or employment; and if the regular removal authority has not already removed a person who violates this section, [HE]the person shall be automatically removed by the said conviction of violating this section, effective at the expiration of the period during which [HE]the person may appear or, in case of appeal, when the case is finally determined. Section 11 -2. Petitions. (a) An initiative petition or a referendum petition shall contain a copy of the ordinance initiated or sought to be referred. A copy of the petition shall be filed with the City Clerk before copies are circulated for signatures. The petition shall then be signed by a number of qualified voters of the City equal at least to twenty -five percent of the total votes cast at the immediately preceding regular City election. (b) An initiative petition with sufficient signatures must be filed within one month after the copy was originally filed as hereinabove provided. If the referendum petition with sufficient signatures is filed within one month after passage and publication of the ordinance sought to be referred, the ordinance sought to be referred shall not go into effect until the petition is finally found to be illegal and /or insufficient, or, in case the petition is found to be legal and sufficient, until the voters approve the ordinance as provided below in this article. Each copy of an initiative or a referendum petition filed must bear an affidavit signed by the qualified voter of the City who circulated the copy stating that each of the signers who signed the copy signed it in [HIS)the persons presence, that he she believes that each has stated [HIS]thgk name and address correctly, and that he she believes each signer is a qualified voter of the City. (c) Within one month after the petition is filed, the City Clerk, with such assistance from the City Attorney as [HE]the City Clerk's deems necessary, shall ascertain whether the petition is legal and has sufficient signatures, and shall certify HIS the finding. [HIS]The City Clerk's finding shall be subject to judicial review. [ ] Section 11 -3. Ballot Title and Propositions —Submission. If an initiative or a referendum petition is found to be legal and to have sufficient signatures, the City Clerk, with such assistance from the City Attorney as [HE]the City Clerk deems necessary, shall prepare the ballot title and propositions for the ordinance. The City Clerk shall place the question on the ballot for the next regular or special City election held not less than two months after final determination of the legality and sufficiency of the petition. The Council by resolution or ordinance may call, or authorize the Mayor by proclamation to call, a special election for the purpose. If, in the case of an initiative petition, the Council, at least one month before the election, enacts an ordinance substantially the same as the one in the petition, the petition shall be void. Section 11 -4. Vote Required— Effect. New Text Underlined; [DELETED TEXT BRACKETED] Page 97 of 245 Resolution No. 2013 -52 Page 12 of 12 (a) If a majority of the votes cast on the question favors the enactment of an initiated ordinance, it shall be enacted. If at least as many votes are cast for the approval of a referred ordinance as are cast against it, it shall be approved, and go into effect; otherwise it shall be rejected. If two or more initiated or referred ordinances which have conflicting provisions are enacted or approved at the same election, the one receiving the largest affirmative vote shall prevail. (b) The Council may not, within two years after the election, repeal or amend an initiated ordinance which has been enacted, or re -enact an ordinance rejected by referendum, except by a vote of at least six council[MEN]members. Section 13 -2. Officers and Employees to Continue. The incumbents of the offices of mayor and council[MEN]members and all other offices and positions of employment (including members of boards and commissions), under the statutory government of this City at the time this Charter goes into effect, shall continue in their respective offices and positions of employment under this Charter until their respective terms expire or until their services are terminated in accordance with the provisions of this Charter and ordinances relating to the creation, change, and abolition of offices and removal of officers and employees, as the case may be. The compensation of all officers and employees shall continue at the same rates after this Charter goes into effect until changed in accordance with this Charter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk New Tex[ Underlined; IDELETED TEXT BRACKET ED] Page 98 of 245 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE VEHICLE MAINTENANCE FACILITY BASE BID AND ADDITIVE ALTERNATE NUMBER ONE TO BLAZY CONSTRUCTION, INC. FOR AN ESTIMATED TOTAL COST OF $3,938,900. WHEREAS, the following bids were received on May 29, 2013; and, WHEREAS, Blazy Construction Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to Blazy Construction Inc. for the total approximate cost of $3,938,900; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled "Vehicle Maintenance Facility" be awarded to Blazy Construction, Inc. for the approximate amount of $3,938,900. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3RD day of July, 2013. ATTEST: PAT PORTER, MAYOR Sandra Modigh, City Clerk Approved by Finance: 7 Contingent upon approval of Ordinance No. 2711-2013 Page 99 of 245 " "Villaye witk a Past, C# wA a Future n 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 III 1992 N the ciE of // MEMORANDUM KENAL ALASKA TO: Rick Koch, City Manager S J FROM: Sean Wedemeyer, Public Works Director DATE: June 26, 2013 SUBJECT: Resolution 2013 -53 Award of Contract for Vehicle Maintenance Facility Rick, Please find attached Resolution 2013 -53 awarding the construction of the Vehicle Maintenance Facility to Blazy Construction Inc. for the estimated total amount of $3,938,900. This award is contingent upon approval of Ordinance No. 2711 -2013. The project consists of constructing a new 17,000 sq ft maintenance facility. Additive Alternate One provides for a snowmelt system in the 10' apron outside the overhead doors. Page 100 of 245 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF KENAI ASPHALT AND CONCRETE IMPROVEMENTS 2013 BASE BID AND ADDITIVE ALTERNATE NUMBER ONE TO NORTH STAR PAVING AND CONSTRUCTION, INC. FOR AN ESTIMATED TOTAL COST OF $99,615. WHEREAS, the following bid was received on June 25, 2013; and, WHEREAS, North Star Paving and Construction Inc.'s bid is within 1.5% of the Engineer's Estimate; and, WHEREAS, award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to North Star Paving and Construction Inc. for the total approxim and, ate cost of $99,615; WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled "Kenai Asphalt and Concrete Improvements 2013" be awarded to North Star Paving and Construction, Inc. for the approximate amount of $99,615. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3*d day of July, 2013. ATTEST: PAT PORTER, MAYOR Sandra Modigh, City Clerk Approved by Finance: 7, Page 101 of 245 ""Village wit�t a Past, C# wA a Future" VE 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 III. 1992 �tl�ecifyuf MEMORANDUM KENAI, ALASKA TO: Rick Koch, City Manager J FROM: Sean Wedemeyer, Public Works Director DATE: June 26, 2013 SUBJECT: Resolution 2013 -54 Award of Contract for Kenai Asphalt and Concrete Improvements 2013 Rick, Please find attached Resolution 2013 -54 awarding the construction of the Kenai Asphalt and Concrete Improvements 2013 to North Star Paving and Construction Inc. for the estimated amount of $99,615. The bid package included the Police Department Parking Lot Expansion and Citywide Asphalt, Curb and Gutter, and Sidewalk Repair projects. The parking lot expansion includes approximately 2150 sq ft of additional parking area and lighting upgrades. The additive alternate consists of furnishing and installing a new light pole and fixture. The citywide asphalt project includes improvements to the library book drop driveway, ADA curb cuts and traffic markings for trails, and new asphalt around approximately 25 manholes to adjust the grade to match the cover rims. Page 102 of 245 Suggested by: Planning and Zoning Commission CITY OF KENAI RESOLUTION NO. 2013 -55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING ROAD DEVELOPMENT STANDARD EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED, FOR KEE'S TERN SUBDIVISION PURSUANT TO KMC 14.10.090, VARIATIONS AND EXCEPTIONS. WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Kee's Tern Subdivision on December 28, 2012, and recommended approval subject to certain conditions on January 9, 2013; and, WHEREAS, on May 22, 2013, the Planning and Zoning Commission amended its recommended conditions imposed for approval; and, WHEREAS, at the Planning and Zoning Commission meeting on May 22, 2013, the developer of the subdivision requested an exception from building the subdivision roads to City standards and instead requested the roads be built to Kenai Peninsula Borough standards, however the Planning Commission took no action on this request as the request was submitted at the meeting for the first time without public notice and did not have administrative support; and, WHEREAS, on June 5, 2013, the City Council approved waivers to KMC 14.10.080 for water and sewer requirements but not for road requirements because the Planning and Zoning Commission had not made a recommendation regarding a waiver of roads standards; and, WHEREAS, the developer subsequently timely submitted a request for exceptions to KMC 14.10.080 to construct roads within Kee's Tern Subdivision to Kenai Peninsula Borough Road Standards; and, WHEREAS, Planning and Zoning Commission Resolution No. PZ13 -31, passed on June 26, 2013, recommends that the City Council Approve Exceptions to KMC 14.10.080 road development standards as provided on Exhibit A to this Resolution; and, WHEREAS, KMC 14.10.090, variations and exceptions allows for the City Council to vary or modify the minimum subdivision requirements, after a report by the Planning and Zoning Commission so that the sub- divider may develop the property in a reasonable manner while at the same time protecting the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements when the tract to be subdivided is of unusual shape or size or is surrounded by such development or unusual conditions that strict application of the t, Page 103 of 245 Resolution No. 2013 -55 Page 2 of 2 improvement requirements would result in real difficulties, substantial hardship, or injustice; and, WHEREAS, waiving the road development standards in Kenai Municipal Code and allowing the developer to build roads to the alternate standards proposed will allow for economical development of the subdivision in a reasonable manner and at the same time protect the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements; and, WHEREAS, the exceptions to the minimum standards approved will meet the traffic and maintenance needs of the subdivision and are supported by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1. That pursuant to KMC 14.10.090, the City Council waives the requirements in KMC 14.10.080 that require the developer to construct the roads within Kee's Tern Subdivision to the standards in Kenai municipal code based on the findings stated above. Section 2. That pursuant to the recommendations of the Planning and Zoning Commission the City Council approves the following exemptions to the minimum road improvement standards for Kee's Tern Subdivision allowing for a 26 foot shoulder to shoulder width and inclusion of 4 inches of D -1 material on top of 6 inches of 2 inch gravel sub -base as provided in Exhibit A attached hereto. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 104 of 246 CLIENT: � 0i9DPCE CORTHELL PROJECT: �7H ra w! PAGE: BRYSoN J,l 2E f'Y LT.IO t/ Consulting Engineers PREPARED BY: � PROD. NO CHECKED BY: D ATE: j .L � DATE: i y t qq ` rq. : S.: i f Page 105 of 245 �" "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tI 1992 MEMO* TO: Kenai City Council AHRU: Rick Koch, City Manager FROM: Nancy Carver, Acting City Plann DATE: June 27, 2013 SUBJECT: PZ13- 31(PZ13 -25) — Kee's Tern Subdivision — Exceptions to Road Development Standard At the June 26, 2013, Planning & Zoning Commission meeting the Commission recommended the following exceptions to KMC 14.10.080 Minimum Improvements Required for PZ13- 31Kee's Tern Subdivision. 1. It is recommended that the Kenai City Council approve the following exceptions to the minimum road improvements required for Kee's Tern Subdivision pursuant to KMC 14.10.090 Variations and Exceptions: i. Grant exception of 30 -foot (30') to 26 -foot (26') shoulder to shoulder width. ii. Grant an inclusion of 4- inches (4 ") of D -1 material on top of the six - inches (6 ") Borough type two (2) gravel. 2. The Planning Commission makes the following findings in support of the variations and exceptions approved in Section 1; i. Width of road is consistent for traffic needs. ii 4- inches (4 ") of D -1 is required for future maintenance of roads. iii. City Manager stated 30 -feet (30') was a wide road, and suggested reducing the road width to 26 -feet (26'). These exceptions were discussed with the developer and supported by administration. Attached is the supporting resolution passed by the Planning and Zoning Commission. Page 106 of 245 1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -31 (PZ13 -25) SUBDIVISION PLAT IMPROVEMENTS EXCEPTIONS A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE KENAI CITY COUNCIL APPROVE AN EXCEPTIONFOR KEE'S TERN SUBDIVISION TO KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED, FOR CONSTRUCTION OF SUBDIVISION ROADS THAT VARY FROM MINIMUM CODE REUIRMENTS. WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 28, 2012, and was recommended for approval on January 9, 2013, subject to certain conditions; and, WHEREAS, the Kenai City Council approved exceptions to KMC 14.10.080(e) &(f) as recommended for approval by the Planting and Zoning Commission on May 22, 2013 subject to certain conditions; and, WHEREAS, the City of Kenai Planning and Zoning Commission must recommend to the City Council the waiver of minimum improvements required for Council approval; and, WHEREAS, the developer of Kee's Tern Subdivision has requested that internal subdivision roads be constructed to a standard that varies from the minimum City Code requirements; and, WHEREAS, the alternate road standards proposed will protect the public welfare and interests of the City and preserve the general spirit and intent of the City's regulations and requirements. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petition exceptions to the minimum improvements required for Kee's Tern Subdivision is hereby recommended to the Kenai City Council subject to following. L It is recommended that the Kenai City Council approve the following exceptions to the minimum road improvements required for Kee's Tern Subdivision pursuant to KMC 14.10.090 Variations and Exceptions: i. Grant exception of 30 -foot (30') to 26 -foot (26') shoulder to shoulder width. ii. Grant an inclusion of 4- inches (4 ") of D -1 material on top of the six- inches (6") Borough type two (2) gravel. 2. The Planning Commission makes the following findings in support of the variations and exceptions approved in Section 1; i. Width of road is consistent for traffic needs. ii 4- inches (4 ") of D -1 is required for future maintenance of roads. City Manager stated 30 -feet (30) was a wide road, and suggested reducing the road width to 26 -feet (26'). PASSED BY THE PLANNING AND ZONING rnmmYeSION OF THE CITY OF KENAI, Page 107 of 245 removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. 'APPROVAL OF MINUTES —June 12, 2013 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT — None. 4. CONSIDERATION OF PLATS — None. 5. PUBLIC HEARINGS a. PZ13 -30 — An application to Rezone Tract A, Killen Estates, Richmond Addition (733 McKinley Street) from Rural Residential and Suburban Residential (split zone RS & RR) to Rural Residential (RR). Application submitted by Bill Richmond, Kenai, Alaska. Acting Planner Carver reviewed the staff report included in the packet, recommending approval. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -30 — An application to Rezone Tract A, Killen Estates, Richmond Addition (733 McKinley Street) from Rural Residential and Suburban Residential (split zone RS & RR) to Rural Residential (RR). Application submitted by Bill Richmond, Kenai, Alaska. Commissioner Shiflea SECONDED the motion. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: YEA: Peterson, Twait, Shiflea, Knackstedt, Arness NAY: MOTION PASSED UNANIMOUSLY. b. PZ13 -31 — Recommending exceptions to the subdivision minimum improvements regulations contained in KMC 14.10.080 for Kee's Tern Subdivision as allowed under KMC 14.10.090. Acting Planner Carver reviewed the staff report included in the packet, recommending denial of the application. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -31 — Recommending exceptions to the subdivision minimum improvements regulations contained in KMC 14.10.080 for Kee's Tern PLANNING AND ZONING COMMISSION MEETING JUNE 26, 2013 PAGE 2 Page 108 of 245 Subdivision as allowed under KMC 14. 10.090 with the addition of exhibit A. Commissioner Peterson SECONDED the motion. Twait opened the meeting to public comment. Kathleen Martin, PO Box 521, Cooper Landing, Applicant — Ms. Martin spoke in favor of the resolution. Knackstedt verified that everyone was discussing exhibit A. Ed Martin, Applicant — Mr. Martin spoke in favor of the resolution. Peterson requested verification there would be no paving. Mr. Martin agreed there would be no paving at the present time. Casey Madden, Project Engineer — Mr. Madden reviewed the report in the packet. Rick Koch, City Manager — Mr. Koch reported the developer wanted an exemption from the standards the City Code required, and he recommended Exhibit B. There being no one else wishing to speak, the public hearing was closed. Commissioner Knackstedt noted the compromise with Exhibit B was reasonable and suggested that option. The following was added to the resolution: 1. It is recommended that the Kenai City Council approve the following exceptions to the minimum road improvements required for Kee's Tern Subdivision pursuant to KMC 14.10.090 Variations and exceptions: I. Exemption of 30 foot to 26 foot shoulder to shoulder width. II. Inclusion of 4 inches D -1 on top of 6 inches of 2 inch gravel sub base. 2. The Planning Commission makes the following findings in support of the variations and exceptions approved in Section 1; I. Traffic needs II. Maintenance Issues III. The City Manager's testimony suggested reducing to 26 feet width. VOTE: YEA: Peterson, Twait, Shiflea, Knackstedt, Arness NAY: VOTE: MOTION PASSED UNANIMOUSLY. 6. UNFINISHED BUSINESS a. PZ13 -16 —A resolution of the Kenai Planning & Zoning Commission recommending the PLANNING AND ZONING COMMISSION MEETING JUNE 26, 2013 PAGE 3 Page 109 of 245 5b "Vi'ililaye wA a Past, Git� with a Future l 210 Fidalgo Avenue, Kena , Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll� 1992 MEMO: TO: Planning & Zoning Commission FROM: Nancy Carver, Acting City PlanneF DATE: June 17, 2013 fY SUBJECT: PZ13- 31(PZ13 -25) — Kee's Tern Subdivision Minimum Road Development Standards The following synopsis provides a brief history of action taken on this preliminary subdivision development: • January 9, 2013, Planning & Zoning Commission approved PZ 13 -01 Preliminary Subdivision Plat - Kee's Tern Subdivision with several contingencies, no one testified during this public meeting'. • February 11, 2013, Kenai Peninsula Borough granted conditional approval based on the findings from the preliminary plat recommendations from the Kenai Planning & Zoning Commission. Ed Martin III was in attendance and approved of the plat as presented. • May 8, 2013, the Martins attended the Planning & Zoning meeting requesting the Commission grant an exception to KMC 14.10.080(e) Public Water System and KMC 14.10.080(f) Sanitary Sewer Service. Commission suggested the applicant should work with administration for process of requesting exceptions to the City's code. • May 22, 2013, Planning & Zoning Commission recommended Kenai City Council grant an exception to KMC 14.10.080(e)(f) ". o The developer verbally requested an exception to road standards. The Commission took no action, recommended the developer work with administration, for any exceptions to the minimum road improvements requirement. June 5, 2013, the Kenai City Council approved recommendation for exceptions to KMC 14.10.080(e) Public Water System and KMC 14.10.080(f) Sanitary Sewer Service. "' o The Martins were present at this meeting requesting the Council also grant an exception to the City's minimum road development standards as allowed in KMC 14.10.080". o Applicants were notified the request would need to go back to the Planning & Zoning Commission for a recommendation before Council could take action. Page 110 of 245 • To meet the requirements outlined in KMC 14.20.280 "Public hearings and notifications ", the earliest the item could be placed on the Planning & Zoning agenda was June 26, 2013. • June 7, 2013, Pursuant to KMC 14.10.090 variations and exceptions, the applicants submitted a request to construct the roads within Kee's Tern Subdivision to Kenai Peninsula Borough Road Standards as outlined in KPB Chapter 14.06.'' The applicant is requesting the Commission grant exceptions to the City of Kenai's Minimum road development standards that were required in PZ13- 25(13 -01) (2) "...all streets in the subdivision be built to the minimum standards required by City Code." The applicants state the reason for the request is because the current City code KMC 14.10.080 is in need of upgrading, and does not address variable conditions (category of area, lot density, average daily trips, safety, operation and maintenance). The applicant is requesting to build the roads within Kee's Tern Subdivision to the standards allowed by Kenai Peninsula Borough Standards outlined in Chapter 14.06 of the Borough code. Ms. Martin has submitted a cross - section design on how they propose to construct the roads. Casey Madden, Engineer with Wince- Corthel[- Bryson, is requesting the streets be constructed to a 26 -foot (26') width instead of the 30 -foot (30') width as required in KMC 14.10.080(c). It is Administrations recommendation that the Planning & Zoning Commission recommend to the Kenai City Council, the applicant's variance request to construct roads to the Kenai Peninsula Borough minimum standards be denied. The Planning & Zoning Commission recommends the developer be required to construct roads to the standards required by KMC 14.10.080, depicted as Attachment "C" in the City Manager's memorandum to the City Council dated May 29, 2013, or in the alternative standards depicted as Attachments "B" and "D ", of the same memorandum. ' PZ13 -01 Preliminary Plat " PZ 13- 25(13 -01 )Subdivision Plat hnprovement Exceptions Res. 2013 -36 Exceptions to KMC 14.10.080(e) and (f) KMC 14.10.080 Minimum Improvements Required Chapter 14.06 KPB Road Standards Page 111 of 245 V "Villa9e witk a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll� 1992 MEMO* TO: Planning & Zoning Commission FROM: Rick Koch, City Manager DATE: June 19, 2013 SUBJECT: PZ13- 31(PZ13 -25) Kee's Tern Subdivision Minimum Road Development Standards The purpose of this correspondence is to request that the Planning & Zoning Commission (P&Z), recommend that the City Council deny the applicants request to construct roadways meeting the minimum Kenai Peninsula Borough standards for roadway construction. Administration recommends that P& Z include in its report to City Council the following, or substantially similar finding: "The Planning & Zoning Commission recommends to the Kenai City Council, that the applicants variance request to construct roads to the Kenai Peninsula Borough minimum standards be denied. The Planning & Zoning Commission recommends that the developer be required to construct roads to the standards required by KMC 14.10.080, depicted as Attachment "C" to the City Manager's memorandum to the City Council dated May 29, 2013, or in the alternative standards depicted as Attachments "B ", and "D ", to the City Manager's memorandum to the City Council dated May 29, 2013." Subdivision standards and roadway standards vary from jurisdiction to jurisdiction. Quite often minimum standards in more rural areas may be unacceptable in more developed areas, certainly in areas requiring more significant operations and maintenance efforts. The applicant has stated the City's road standards are "out of date" and need to be "reviewed and updated." While it is true that the City's standards are undergoing review and Administration will to submit to the Commission and Council a comprehensive document specifying development standards, that should not be taken to assume the Page 112 of 245 current standards are "out of date." In fact, in conflict with the applicants request to lower the City's subdivision road standards, the new standards which will be proposed by Administration will require paved roadways as the minimum standards. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Page 113 of 245 "'l/' '11age with a Past, City with aFuture "" MEMO* 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 tlll�l 1992 TO: City Council Ih- FROM: Rick Koch, City Manager DATE: May 29, 2013 SUBJECT: Resolution 2013 -36, Kee's Tern Subdivision, Road Standards The purpose of this correspondence is to provide information to the Council regarding a request from the developer of the above referenced subdivision to vary from the road standard provided for in the Kenai Municipal Code. At the Planning & Zoning Commission meeting of May 22, 2013, the Commission considered a request to waive the requirement for public water and sewer systems in the Subdivision. Administration transmitted a memorandum to the Commission recommending that the code requirements for water and sewer be waived. At the P & Z meeting the developer, during the comment period for the resolution to waive water and sewer, requested that the P & Z Commission also waive the City's code requirement for roadway standards, and instead allow the developer to build to "Borough Standards." The developer made the request directly to the Commission without any discussion with the Administration. Additionally, there was no formal proposal, or detailed alternative to be considered. The developer's consultant testified that there were many minimum standards of roadways that were of a lesser standard than what is required by the City and that the City should therefore allow for a lesser standard of construction. I testified before the Commission and respectfully suggested that they should not consider this undefined, verbal request that was coming before them without any notice, and without a detailed request from the developer with the benefit of administrative review. The Commission agreed with my request and asked the City Manager if it was possible Page 114 of 245 that the developer work with Administration to consider an alternative roadway design. Then, assuming the alternative design was acceptable to the Administration and the to the Council at the June 5�" developer, could Administration take a request for a variance of the road design directly Council meeting without the road standard variance having to come back before the P & Z Commission? My short response was, "I'm not sure, but I believe that Council could probably consider this if they wanted to." I also told them that Council's decision could be to send it back to the Commission and request a report as required by KMC 14.10.090 Variations and exceptions. I received the attached SExhibit A) correspondence from the developer's consultant on the afternoon of May 28 h (correspondence is dated May 23`d). I reviewed the proposed road standard and discussed the matter with the Public Works Director. The standard, while probably meeting minimum standards for certain jurisdictions is not acceptable. It will result in increased maintenance costs, and if upgraded to a paved standard in the future, increased construction costs over the standard required in code, or alternatives deemed acceptable by the City. During my discussion with the consultant he informed me that while their proposed standard drawing identifies both paving and crushed aggregate base course it is not the developer's intent to install either of these items. The City responded to the developer's consultant the afternoon of May 28" by transmitting a marked -up version of the developer's proposed standard (Attachment B). The Administration's proposed changes to the developer's submittal was to increase the overall width of the section by two feet, and require the surfacing material to be a minimum of four inches of crushed aggregate base course. The effect of these changes is to provide adequate roadway surface for the future construction of two, twelve foot paved driving lanes, and to install four inches (4 ") of crushed aggregate base course to minimize maintenance of the non -paved roadway. I spoke with the developer's consultant during the late morning of May 29I". I informed him I had a deadline of that day to have materials in the packet for the June 5, 2013 Council meeting and that I needed to know by 2:30 PM if the developer agreed with the City's alternative standard. Further, I informed him if the developer/consult e did not respond there would not be a resolution in the packet addressing a variance for the road standard in Kee's Tern Subdivision, but that Administration would include an informational item to provide a status report to the Council. At this juncture there are three roadway standards that are acceptable to the Administration. They are described as follows: 1. Per KMC 18.10.030. All streets and public ways shall be graded to their full width, as required by the City Manager to the appropriate grade, and shall be surfaced to a minimum of thirty feet (30'), and all major streets shall be Page 115 of 245 surfaced to a minimum width of forty feet (40'). The cross section of construction shall contain non -frost susceptible material to a depth of forty - two inches (42 ") or down to sand, as required by the City Manager, from the grade approved by the City, then there shall be added non -frost susceptible material eighteen inches (18 ") of the normal surface grade of the adjacent lots; or as established by the City Manager, there shall be added thereon gravel approved by the City Manager for a depth of six inches (6" ), so the crown of the finished street shall be not less than twelve inches (12 ") from normal surface grade of the adjacent lots before compaction of the gravel. Such construction shall be subject to inspection and approval by the City Manager, and shall apply with all City standards for construction. (Exhibit C) 2. Alternative #1. A paved standard with two (2), twelve foot (12') driving lanes with one -foot (1') shoulders, over two inches (2 ") of crushed aggregate base course, over a minimum of thirty -six inches (36 ") of non -frost susceptible material as approved by the City Manager. (Exhibit D) 3. Alternative #2. The proposed standard submitted by the developer (Exhibit B) including modifications proposed by the City. A twenty -six foot (26') non - paved surface consisting of four inches (4 ") of crushed aggregate base course over six inches (6") of two inch minus ( -2 ") gravel sub -base, over thirty -two inches (32 ") of non -frost susceptible borrow, or non -frost susceptible native material. Absent an agreement between the Administration and the developer for a roadway standard in Kee's Tern Subdivision, and assuming the developer will come before Council at the June 5`h meeting, requesting Council action on this issue, Administration recommends the following ": Council approve a variance of the roadway standards to include any of the three alternative designs acceptable to the Administration and described in this document. 2. That Council does not consider any other alternative designs, other than those acceptable to the Administration, without requiring the developer to follow the process for provided for in code, KMC 14.10.090 ' The City Clerk and /or City Attorney should provide guidance about whether Council action on this issue meets public notice requirements. Without getting into a long philosophical discussion on road standards, and there are ar almost limitless number of standards, it's important to recognize the City, within reason, has the ability to set its own standards, and the City has done that in Chapter 18.10 of the Kenai Municipal Code. Could the code provide more detailed guidance, yes, but the code requirements as written, do not result in the construction of sub - standard, or gold - plated roadways. The Kenai Peninsula Borough has adopted different standards than the City of Kenai, for residential subdivisions some of the Borough standards result in a roadway of lesser quality being constructed. This doesn't mean they are substandard, Page 116 of 245 only that they meet a lower standard. Without researching the standards employed by Municipalities and Boroughs throughout the State I am aware that the standards for residential roadway construction employed by the Municipality of Anchorage, Matanuska Susitna Borough, and the City of Palmer, exceed the standards of the Kenai Peninsula Borough, as does the City of Kenai. The City prides itself in actively improving the overall standard of quality of the roadways for which the City is responsible. Over the past five years the City has improved and paved over three miles of gravel surfaced roads. Some of these newly Paved roads are to a lesser standard than two, twelve foot driving lanes because that is What we had to work with. Oftentimes the scope of work for existing roadway improvements is based on a balance between the cost residents are willing to pay through an LID process and the real /perceived value of the improvements to the property owners. Just because a few newly paved residential roadways have been paved to a narrower standard that shouldn't be confused with a narrower roadway width being acceptable in a new subdivision. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. attachments Page 117 of 245 WINCE CLIENT: 4 A/ PAGE: CORTHELL PROJECT: ( PROJ. N0. MqW BRYSON Consulting Engineers 2E£7' LT/OM PREPARED BY: c/ DATfi: yf.Z -1aS CHECKED BY: DATE: t I Fn4 it i .. 1 Page 118 of 245 i WINCE CLIENT: a CORTHELL PROJECT: T / PAGE: BRYSON 1 Consulting Engineers GT /Oh! PREP ABED BY: � PROD. NO. CHECKED BY: r DATE: i f ., s� -it i 1A I : i r jr 1 Page 119 of 245 CTi W KENAI City Manager's Office 210 Fidalgo Ave. • Kenai, AK 99611 (907) 283.8222 • Fax (907) 283 -3014 rkoch@ci.kenaj.ak.us "__LI G v / • SHEET NO OF CALCULATED BY DATE CHECKED BY DATE NINON MEN i CY OF KENAI JOB; 'Y a!trls ojffi ce 210F .AR 99611 SHEET (907) 283-8222 • Fax (907) 283-3014 CALMUTED OF rkoch@ci-kenai.ak.us CWCeDBK� DATE_ Kathleen Martin PO Box 521 Cooper Landing, AK 99572 Phone & Fax(907)595 -1632 June 6, 2013 To: City of Kenai Administrative Official(s) CITY OF KENAI City Clerk JUN " 7 2013 City Planning & Zoning Commission City Manager PLANNING DEPARTMENT City Council City Attorney And any other City Staff a request for exception(s) to KMC 14.10.080 should go to or that need to be notified. I, Kathleen Martin, am formally requesting an exception(s) or Variance Permit to KMC 14.10.080 for the relaxation of the development requirements of this chapter as it relates to the construction of streets in KEE's Tern Subdivision due to the fact that existing City of Kenai applicable Codes are in need of upgrading , and do not address variable conditions (category of area, lot density, average daily trips, safety, operation & maintenance). Property Involved: KEE's Tern Subdivision Legal Description: T 6N R 10W SEC 31 Seward Meridian KN GOVT LOT 4 & SEl/4 SW 1/4 EXCLUDING THEREFROM VALHALLA HEIGHTS PARK SUB PARTS 2 & 3 & 5 Plans showing locations: The Preliminary Plat for KEE's Tern Subdivision is attached to this document and has 24 lots. Each lot being approximately one acre in size is intended to have a single family Five Star home and garage, and parking area for at least 2 vehicles or the total number their family vehicle(s) plus guest(s). The locations for these buildings on each lot are not known at this time. Building setback, waste disposal systems, utility easements and waste water disposal are addressed in the "Notes' section of the preliminary plat. Kenai City Council approved the following exceptions to the minimum improvements required for KEE's Tern Subdivision pursuant to KMC 14.10.090 Variations and Exceptions: a. Public water system required pursuant to KMC. 14.10.080(e) not be required based on the following findings: i. Lot sizes are over 40,000 sq. feet, which are adequate to support on -site water. ii. City fire protection is available. iii. On -site water is consistent with surrounding neighborhood. b. Sanitary sewer lines required pursuant to KMC. 14.30.080(f) not be required based on the following findings: L Lot sizes are over 40,000 sq. feet, which are adequate to support on -site sewer. ii. Cost prohibitive to boring under the Kenai Spur Highway. iii. Soils are adequate to support on -site waste water. Streets: Streets within KEE's Tern Subdivision are to be constructed to the specifications and with the materials listed on the attached cross - section designed for Ed & Kathy Martin by Wince Corthell Bryson dated 5- 24 -13. This is anticipated to be a three phase development and streets will be gravel. At some point in the future they may be paved or chip sealed. A second copy of the cross- section designed for Ed & Kathy Martin by Wince Corthell Bryson dated 5 -24 -13 is attached. The cross- section layers have been highlighted to represent the following: Page i of 5 Page 122 of 245 Gravel road construction: Green — 32" NFS Borrow or existing material (Type I KPB Embankment Material; see table below) Yellow — 6" of 2" Gravel Subbase (Type 11 KPB Embankment Material; see table below) At some point in the future to pave or chip coat the following may be added: Orange — 2" D -1 Level Course Red — 2" Pavement or Chip Coat Kenai Peninsula Road Service Area REQUIREMENTS FOR EMBANKMENT MATERIAL Percent Passing by Waivhr Sieve 4„ 95 -100 vPe n Type III 2" 85 -100 100 1� 100 No. 4 30 -60 95 -100 No. 16 - 30 -65 4 -75 No. 200 0 -6 20 -43 6 -10 4 -10 This cross- section construction would meet current industry standards for a gravel street(s) in a subdivision (residential minor /local with level terrain) with a lot density of 21 -50, and an Average Daily Traffic of 50 -250. Streets would have a Design Speed of 30 M.P.H. (although we request a speed limit of 20 -25 mph), a Clear Zone of 15 feet, and 3:1 slopes to address safety concerns. The City Manager's recommendation of 6" of crushed aggregate is not required structurally, and while there is some short term benefit to a D1 surface, in the end it will be lost and /or contaminated from pulling shoulders with the regular maintenance of the road. Thank you for your thoughtful consideration in this matter. Sincerely, Kathleen Martin, Owner Ph. & Fax (907)595 -1632 Cell ph. (907)252 -8163 DBA KEE Construction, LLC (Owner) Page 2 of 5 Page 123 of 245 Gravel road construction: Green— 32" NFS Borrow or existing material (Type I KPB Embankment Material; see table below) Yellow -6" of 2" Gravel Subbase (Type 11 KPB Embankment Material; see table below) At some point in the future to pave or chip coat the following may be added: Orange -2" D -1 Level Course Red — 2" Pavement or Chip Coat Kenai Peninsula Road Service Area REQUIREMENTS FOR EMBANKMENT MATERIAL Percent Passing by Weight Sieve Designation Type I Type 11 Type III -- 4" 95 -100 2" 85 -100 100 100 1" ' _ _ _ _ 95 -100 No.4 30.60_ 30 -65 4 -75 No. 16 - - ____ -6-10 20-43 No. 200 0-6 4 -10 This cross - section construction would meet current industry standards for a gravel street(s) in a subdivision (residential minor /local with level terrain) with a lot density of 21 -50, and an Average Daily Traffic of 50 -250. Streets would have a Design Speed of 30 M.P.H. (although we request a speed limit of 20 -25 mph), a Clear Zone of 15 feet, and 3:1 slopes to address safety concerns. The City Manager's recommendation of 6" of crushed aggregate is not required structurally, and while there is some short term benefit to a Dl surface, in the end it will be lost and /or contaminated from pulling shoulderswith the regular maintenance of the road. Thank you for your thoughtful consideration in this matter. Sincerely, Kathie n Martin, Owner Ph. &iax(90i)595 -1632 Cell ph. (907)252 -8163 DBA KEE Construction, LLC (owner) Page 2 of 5 Page 124 of 245 Gravel road construction: Green — 32" NFS Borrow or existing material (Type I KPB Embankment Material; see table below) Yellow -6" of 2" Gravel Subbase (Type II KPB Embankment Material; see table below) At some point in the future to pave or chip coat the following may be added: Orange -2" D -1 Level Course Red — 2" Pavement or Chip Coat Kenai Peninsula Road Service Area REQUIREMENTS FOR EMBANKMENT MATERIAL Percent Passing by Weight Sieve Designation 4" Type I 95 -100 Type II Type III 2" 85 -100 100 100 1" No. 4 30 -60 - - 30 65 95-100 No. 16 - 4 -75 No. 200 0 -6 ' 6 -10 20 -43 4 -10 This cross - section construction would meet current industry standards for a gravel street(s) in a subdivision (residential minor /local with level terrain) with a lot density of 21 -50, and an Average Daily Traffic of 50 -250. Streets would have a Design Speed of 30 M.P.H. (although we request a speed limit of 20 -25 mph), a Clear Zone of 15 feet, and 3:1 slopes to address safety concerns. The City Manager's recommendation of 6" of crushed aggregate is not required structurally, and while there is some short term benefit to a D3 surface, in the end it will be lost and /or contaminated from pulling shoulders with the regular maintenance of the road. Thank you for your thoughtful consideration in this matter. Sincerely, Kathleen Martin, Owner Ph.& Fax(907)595 -1632 Cell ph. (907)252 -8163 DBA KEE Construction, LLC (Owner) Page 2 of 5 ff Page 125 of 245 m • y t .tfkF K ,5 � M 1„{ i► �, ✓ �'� • � 1� 1 i •y rw Page 3 of 5 Page 126 of 245 b i �.fj M urr Y . Y� em I f C I 1 ?1 l�+ ° P ji m • y t .tfkF K ,5 � M 1„{ i► �, ✓ �'� • � 1� 1 i •y rw Page 3 of 5 Page 126 of 245 b i �.fj M urr Y . Y� em I f C I 1 ?1 l�+ ° P EggNCHECtXEDBY. _� /,/ty7 -Ir./ PAGE: -"�- yPROJ. N0. TIDn/ PREPARED B CHECKED BY: nATV. rdBe 4 VI J Page 127 of 245 �riil nit 1.1 I ILI 1111W l'Imitcl IIAIF (IIECUP III PAli , L Page 5 of 5 Page 128 of 245 I'. I WINCE — CORTHELL — BRYSON Consulting Engineers Box 1041 Kenai, Alaska 99611 Phone 907 - 2834672 Fax 907 - 283 -4676 E -Mail cmaddenAwcbalaska com TO: City Administration and Council FROM: Casey Madden, P.E. SUBJECT: PZ 13 -25, Kee's Tern Subdivision, Street design variance request DATE: May 23, 2013 On behalf of Ed and Kathy Martin, owners of the subject property, I am submitting the following request for a variance from the current requirements of KMC 14.10.080 and 18.10.030, specifically a variance from the required 30 foot gravel street width to a lesser width of 26 feet. RELEVENT CONDITIONS: Kee's Tern Subdivision is located across the Kenai Spur Road from Thompson Park Subdivision and fronts on the north side of North Dogwood Road. The parcel contains 35 acres and is proposed to be subdivided into 24 lots of 1.0 to 1.3 acres in size. The lots will be served by three minor low volume streets serving 6 to 10 lots each with e estimated maximum daily traffic volume of about 50. The Streets were cleared and excavated to a sand subgrade years ago but never completed. A copy of the preliminary plat is attached as Attachment One. CITY CODE: Current code, for minor streets such as these, requires a minimum of a 30 foot graded surface, topped with an approved 6 inch gravel surface course providing a finish centerline grade within 12 inches of adjacent property and graded to drain with 24 inch deep ditches. The City Manager provided the Martins a sketch of a typical street section that would conform to the current code and is attached as Attachment Two. DISCUSSION: More comprehensive design standards are available that provide dimensional requirements based on variable traffic conditions. Being familiar with the various standards applied by the Kenai Peninsula Borough for various categories of roads in rural settings such as this, the Martin's requested me to develop a recommendation for an appropriate street section based on accepted Industry Standards we regularly use for street and highway design and construction. My evaluation is not based on the roughly 15 % saved in construction but solely by the merits of expected traffic conditions, street geometrics and safety. Based on my evaluation a 26 foot gravel surfaced road with a properly designed section depth would provide a safe and maintainable travel way that could be upgraded to a paved surface of adequate width in the future. My recommended section drawing is attached as Attachment Three. Phalp W. Bryson PE (retired) Alan N. Corthell PE Mark E. Blanning PE Frank W. Wince PE (Deceased)) E. Casey Madden PE Page 129 of 245 ANALYSIS and JUSTIFICATION: As mentioned above the Kenai Peninsula Borough Title 14, Chapter 14.06, Road Construction Standards, provides standards based on the lot density served by the road. In this case Kee's Tern Subdivision streets, serving 10 and less lots each, would be classified as Category I streets requiring a total gravel width of 20 feet or, if paved, a paved width of 20 feet with 2 foot shoulders. The street widths increase in 2 foot increments as the lot density increases. The Borough standards go on to require stripping of organics within 4 feet of grade, specifications for sub base and base material and section depths as well as for maximum horizontal and vertical alignments. The American Association of State Highway and Transportation Officials ( AASHTO) provides what is universally accepted as the industry standards for design of all public transportation systems. AASHTO bases its design standards on designations such as Local, Urban, Rural, Collector, and Arterial as well as Average Daily Traffic counts (ADT), Design Speeds, and the type of terrain in the area. In this case Kee's Tern Subdivision streets would be designated Local Rural with a ADT range of 50 -250 vehicles per day and would require, like the Borough, a paved travel way width of 20 feet with 2 foot shoulders. Section depth is not specified as it is site specific designed based on several design methods involving soil mechanics and applied ADT and heavy truck loading. AASHTO goes on to provide additional guidance for providing safe sight distance by limiting horizontal and vertical alignments, clear zones, and the additional requirements that may be needed for on street parking or larger vehicle use. As both the Borough and AASHTO paved widths require a 24 foot finished surface, including pavement and shoulders, constructing the street now, to gravel sub base grade would require a width of 26 feet as shown on Attachment Three. Over the past 35 years Wince Corthell Bryson has designed many of the City's Streets utilizing the City and AASHTO standards. During the development of the design with the City the designation of minor or major was established and if on street parking was going to require additional width such as the 30 and 40 foot requirement accommodates. Following is a table of some of the Kenai Streets we have designed over the past 35 years showing their City.(AASHTO) designations and constructed sub base gravel width. STREET Candlelight Drive Linwood Lane Lawton Drive Spruce Street Birch Street (paved) Forest Drive (paved) Kiana Street Aurora Street Minor (Local) Kaknu Street 25 Avenue Thompson Park Streets Philip W. Bryson PE (retired) Mark E. Bunning PE DESIGNATION Major (Collector) Major (Collector) Major (Collector) Major (Collector) Major (Collector) Major (Collector) Minor (Local) Minor (Local) Minor (Local) Both Alan N. Corlhea PE Page 130 of 245 GRAVEL SUB BASE WIDTH 30 30 30 -32 32 32 32 24 24 24 22 -30 Frank W. Wince PE (Deceased)) E. Casey Madden PE I believe this analysis provides the justification and recommend the lesser width based on the standards set by quantifiable design variables such as lot density and/or traffic volume as well as the conditions that are provided by the existing City streets listed above. We appreciate the Administrations assistance and the Councils consideration in this matter and would also like to take the opportunity to encourage the City to consider developing comprehensive design and construction standards that take into consideration quantifiable and qualitative parameters. Philip W. Bryson PE (retired) Alan N. Cort6e11 PE Mark E. Blanning PE Frank W. Wince PE (Deceased)) E. Casey Madden PE Page 131 of 245 C o y i s oilpggig � 4�Q, pggg I '-Q P=Puc78 —T -- \ f \ _ e '.p sd}mmd a Ayj NR N � N Y jvy O r 7 m F u m 14 I I Ie LL � >>O 2 F 25 a jY Y diriE ,,,... syf;a�ke� IR11 i�fg�f Page 133 of 245 ��f� WINCE BRYSON Consulting Engineers 3 , st9n O i 1: _N � F : 1 R 4 47 A4#A 16 Page 134 of 245 Chapter 12.04 - CITY STREETS GENERALLY Page 1 of 2 Seldelna, Alaska, Code of Ordinances» Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES » Chapter 12.04 CITY STREETS GENERALLY,, Chapter 17.04 • CITY STREETS GENERALLY cep 12.0olpl0 • tWou 1204020 Millis, ovoid Olin 1 m mm. Rg j_fumSle I11n_ me, u�4 n4o f4 a m 12.w 0u). UI I'.• eshM 12.04.010 - Definitions. The following definitions apply to this chapter A "Alleys' are dedicated Service ways that provide a secondary means of access to abutting property which are not intended for general traffic urculefion The righl-ot -way for an alley shalt be twenty feet full vadlh, but an alley is exempt from design and conslnrction standards specified in this Title. B "Arterial Streets" are designed for traffic volumes greater man 3,000 trips per day. The minimum rghl -of -way for an arterial street shall be one hundred feet full width. C schools Streets" are lanu designed to collect traffic from residential sneals and canducl it to annals or local Imffic generators such, as schools or commercial lend uses. Collector slreale are designed for traffic Volumes from 250 to 3000 trips per day. The minimum right- of-way for a collector street shall be eighty feet full width. O " Residential Shoo(S" are designed primarily to provide direct access 10 residences on abutting land Residential streets are designed for traffic volumes less than two hundred fifty trips per day and low speeds. The minimum nght-p.way for a residential street shell be Sady feet in full Vpdth, except that a cuAa -sec wrong no more man six residential lots may be fifty feet full width. Within a planned unit development a minimum fifty foot width may be allowed subject to the provisions of Secfion I- 10 2 5 D 11 E "Cut -de -sacs" are residential streets that are open at one end and have a - - - -�f (f f P. "EasementS" grant rights of passage through and/or use of privately Owneded pope turning . Eaaementislr,�nao� and, rights-04-11`11Y Easements Shall be used whenever possible to economize on the use of land In lieu of provide ls-0f- access to utilities as do Of public streets. Legal rights to easement land are assigned to Specifically named persons, tailhles or me munkupary except in the case G "Rights•of-wrey` are land areas Be aside for dedication to the municipality for the management and main tenance m streals, shoulders, foreslopes, snow storage areas, swales, storm drains, water, sanitary sewer. curbs, gutters, Sidewalks and bicycle pales. Right Of a way of at least 9xly feet minimum width may accommodate utilities such as natural gas, electrical. telephone and cable television service on residential streets; otherwise• mesa utilities shall be located in an easement IOM 956 § 1 2003 Ord 563 § 1(pert/ 1994 Ord 334 § 2 (polo. 1983) 12.04.020 - Master street plan. The Clasarlimbon of arterial, collector and residential streets Shown in the most recent update b the Soldolna ISM use plan is adopted by reference as the city's master street plan as required by the Kenai Peninsula Borough Coda of Ordinances. (ON 583 § 1 f @rd 1994 Old 340 § 1. 1984 Ord 334 § 2 cuo o x983) 12.04.030 - Street design criteria. . The following general design crileria shall be used for street construction projects within the city: A. Alignment. The street construction center line shall normally coincide with the right -of -way center line unless a deviation is approved by the public works director B. Performance Objectives. Streets should be designed to meet me following Performance objectives'. I. Provide sate and efficien(movemenl of VIhICUIar and pedestrian traffic, 2 potlow natural ronlours, preserve natural fealurea, match existing driveways and minimize use of retaining wells whenever practical 3 Minimize Wific speed and volume, noise, congestion and hazards to pedestrians: 4 Minimize the amount of paved area to reduce storm water runoff and thereby project wale, resources: an C Grade. d, 5. Provide a drainage system that will handle a ten year frequency storm from within the watershed a streams, drainage ways and streets from erosion, setllm ntl to prWect eniation and increased runoff I The minimum grade should be 0.4 percent, but in extreme Cases the public works director may approve a minimum grade of 0 2 percent 2. The maximum grade shall be 10 percent but limited lo 4 percent within one hundred feel of any intersection 3 Where grades of 4 percent or sleeper are necessary, a narrative shall be submitted to the public works director articulating measures to be taken to prevent erosion, 4 Whenever cut or fill is required. the quantities should be balanced. Slope easements may be required to avoid steep slopes. (Ord 383 § 1 (pelt 1994 Oro' 334 § 2 Nerd 1953) http: // library.municode- com/HTML /16045 /levy} QPMiffi$SJPL_CH 12.04CISTGE.htm1 6/6/2013 Chapter 12.04 - CITY STREETS GENERALLY 12.04.040 - Minimum standards. Page 2 of 2 All street$ shall be designed and constructed to minimum standards shown m the Soldotna Standard Conslmction Speeficalions, except in rural residential zoning districts In rural residential zoning districts, minimum road construction standards prescribed by Section 14.06.030 of the Kenai Peninsula Borough Code of Ordinances shall control except as modified by this section: 1. Twenty feet shall be the minimum width of traveled way of a ml-de -sac road or other road, which serves less than fifteen Iola. 2 A registered engineer may submit an alternate road design section based upon a soil investigation and report consisting of test holes at least every five hundred feet An alternate road design section is subject to approval of the public works director and the planning commission 3 The performance and warranty period required by Chaal r 1 t of this Title shall be We years before the city will issue final acceptance and assume full street maintenance. told 5834 1 roar.). 1994 Ord 33, a 2V%ar;l 18831 12.04.050 - Utilities within city fights -of -way. The use and location of uldi0es within rights -of -way shall conform to dlaolar 12.30 01 111411110. (om 8W § 1 1094 Old 593§ 1 fpatli 1994 OM 336 § 2 ma") 19831 http: /Qibrary.municode.com/HTML /16095 /lev4i T$t%T,g$VPI-_CH12.04CISTGE.htm] 6/6/2013 Page 1 of 4 Print Wasilla. AK Code of Ordinances Chapter 12.04 STREET CLASSIFICATION AND DESIGN STANDARDS Sections: 12.04.010 Classification Of streets. 12.04.020 Street classification map. 12.04.030 Street classifications. 12.04.040 Right -of -way width. 12.04.050 Traffic way width. 12.04.060 Construction and design standards. 12.04.070 Streets - Acceptance for maintenance. 12.04.010 Classification of streets. Streets within the city shall be classified by primary function with consideration for frequency of use. The classification of street may, as a result of change of primary function or frequency of use, be changed by resolution of the city council. (Prior code § 14.10.010) 12.04.020 Street classification map. A map of the streets within the city shall be maintained at the city offices and designated as the city "street classification map,,, This map shall indicate the classification of all streets within the city, and be approved by the council upon recommendation of the planning and utilities commission. (Prior code § 14.10.020) 12.04.030 Street classifications. Streets in the city shall be classified according to the categories described herein. When different Portions of a street serves different functions, those portions may be classified according to the primary function. A. Low Density. A low density street provides minimal access to rural Portions city rtions of the c where tracts of land are typically, five acres or larger in size. Traffic density should o in the range it fifty http : / /www.amlegal.eom/alpscripts /get- contentF&Ag6 137 of 245 5/31/2013 Page 2 of 4 (50) to one hundred (100) vehicles per day, and speeds are expected to be slow. Maintenance will be low priority for city road crews. A low density road standard is generally acceptable only for subdivisions that meet the requirements of the Matanuska - Susitna Borough waiver process. Subsequent subdivisions or development may require upgrade of low density streets to a minimum of local/residential standards. B. Local /Residential Streets. A local /residential street provides movement of local traffic from individual properties to collector and arterial streets. Lower traffic speeds and volumes of less than two hundred (200) annual average daily traffic (AADT) are expected. Residential streets are typical subdivision, subdivision feeder streets, and cul -de -sacs. Direct access to adjacent private property with individual driveways is common and acceptable. C. Commercial Streets. Commercial streets provide access to and movement through business, industrial, retail and other commercial areas of the city. Traffic volumes are expected to be high, and speed limits should not exceed thirty-five (35) m.p.h. On -street parking may be accommodated and intensive traffic control achieved through the use of signs, signalization and, where appropriate, one- way traffic. D. Minor Collector Streets. A minor collector street provides for movement from subdivisions and residential streets to major collector roads, arterial roads and highways. Minor collectors may also carry traffic from one neighborhood to another, or from one neighborhood to other areas of the community. Traffic volumes range from under 400 AADT to more than 2000 AADT. Although design speeds on flat terrain are fifty (50) m.p.h., most collector traffic speeds are generally expected to be twenty -five (25) to thirty-five (35) m.p.h. Direct access to private property is acceptable when other access is not available, or should be limited to intervals that do not inhibit traffic flow and public safety. E. Major Collector Streets. Major collector streets provide for intercity movement and access to arterial and interstate roads, as well as connecting traffic to and from residential areas. Traffic volumes will be high and driving speeds should be at least thirty-five (35) m.p.h., except in congested urban areas. Access should be limited to other collector streets and commercial streets. Direct access from low density and local /residential streets should be discouraged. (Prior code § 14.10.030) 12.04.040 Right -of -way width, A. The right -of -way width standards described below are intended to serve as guides for obtaining and preserving rights-of-way: 1. Low density 60 feet 2. Local /residential 60 feet 3. Commercial 60 feet 4. Minor collector 100 feet 5. Major collector 100 feet 6. Minor arterial 100 feet http : / /www.amlegal.com /atpscripts /get- contentW 138 of 245 5/31/2013 Page 3 of 4 7. Major arterial 100 feet (Ord. 11 -41 § 2, 2011: Prior code § 14.10.040) 12.04.050 Traffic way width. A. The minimum traffic way width for surfacing and graded shoulders of city streets are indicated below. Graded shoulder width is measured from the edge of the traveled surface or pavement to the beginning of the shoulder slope: 1. Low density Surface - 20 feet; shoulder - none 2. Local/residential Surface - 20 -22 feet; Shoulder - 0 -2 feet 3. * *Commercial Surface - 22 -24 feet; Shoulder - 2 -4 feet ** 4. Minor collector Surface - 22 -24 feet: Shoulder - 2 -4 feet 5. Major collector Surface - 24 feet; Shoulder - 2 -4 feet 6. Minor arterial Surface - 24 feet; Shoulder 4 -8 feet 7. Major arterial Surface - 24 feet; Shoulder 4 -8 feet * *Commercial streets shall be paved. (Ord. 11 -41 § 3, 2011: Prior code § 14.10.050) 12.04.060 Construction and design standards. A. Construction Standards. Construction methods, materials and quality control for construction Of city streets shall be in accordance with the current city standard specifications or state of Alaska Department of Transportation and Public Facilities Standard Specifications for Highway Construction, as modified or approved by the city engineer. B. Design Standards. Design standards shall be in accordance with the Matanuska - Susitna Borough design standards as modified or approved by the city engineer. (Prior code § 14.10.060) 12.04.070 Streets - Acceptance for maintenance. The public works director may accept for routine maintenance, streets, inside or bordering the city limits, that are constructed according to the standards specified in this chapter and are within dedicated right -of -way or easements dedicated for public use. (Ord. 0144 (AM) § 2, 2001: Prior code § 14.10.070) Disclaimer: i his Code of Ordinances and /or any olher documents that appear on this site may not rolled the most current legislation adopted by the Municipality. American Legal Publishing corporation provides these documents for informational puryoses only. These documents should http : / /www.arnlegal.coni/alpseripts /get- contentpgb 139 of 245 5/31/2013 Page 4 of 4 not be relied upon ac the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy The official printed copy of a Code of Ordinances should be consulted prier to any action being taken. For rurther infomlabon regarding the official version of any of this Code of Ordinances or other documents posted on this eita, please contact (he Municipality directly or contact fixnerican I egal Publishing toll-tree at BQO- 445.5538 2Ct3 Amencau Legal Publishing Corporation techauogortgitamlegal com 1 500.445.5588. htip : / /www.amlegal.com/alpscripts /get- contentpgOb 140 of 245 5/31/2013 Palmer Municipal Code Page I of 12.12.010 Purpose. The purpose of this chapter is to establish and define the improvements which will be required under agreement to be constructed by the subdivider as conditions for final plat approval, to delineate those areas within the city which will require a speck degree of improvement to be accomplished, and to outline the procedures and responsibilities of the subdivider and the appropriate public officials and agencies covered with the administering, planning, designing, constructing and financing of public facilities, and to further establish procedures for assuring compliance with these requirements. (Ord. 255 § 3, 1982) 12.12.015 Responsibility for plans. It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer a complete set of construction plans, when deemed necessary by the public works department. They shall include profiles, cross - sections, specifications and other supporting data for the hereinafter required public streets. (Ord. 255 § 3, 1982) 12.12.020 Required public improvements. Every subdivider shall be responsible for the installation of improvements in accordance with the conditions and specifications outlined in PMC 12.12.025 through 12.12.070. (Ord. 255 § 3, 1982) 12.12.025 Monuments. Monuments and lot corner markers for determining the boundaries of subdivisions and lot comers shall be set in a professional manner. The department of public works may http:// www .codepublishing.com/AK/Palmer/c If4*vfMafi�Otlpile.pl ?code= palmerBcext =... 5/31/2013 Chapter 12.12 STREET IMPROVEMENTS Sections: 12.12.010 Purpose. 12.12.015 Responsibility for plans. 12.12.020 Required public improvements. 12,1202 Monuments. J ,12.03Q Streets. 12 12.03 Curbs — Gutters. 4212.04 Installation of public utilities. 12.12.04,5 Telephone and electric lines. 12.12M Drainage. 12.12.055 Traffic control devices — Signs. 12.12.060 Sidewalks, 12.12.065 City street lighting. 12.12.070 Erosion and sedimentation plan. 12.12.075 Guarantee of completion. 12.12.080 Variances authorized. 12.12.010 Purpose. The purpose of this chapter is to establish and define the improvements which will be required under agreement to be constructed by the subdivider as conditions for final plat approval, to delineate those areas within the city which will require a speck degree of improvement to be accomplished, and to outline the procedures and responsibilities of the subdivider and the appropriate public officials and agencies covered with the administering, planning, designing, constructing and financing of public facilities, and to further establish procedures for assuring compliance with these requirements. (Ord. 255 § 3, 1982) 12.12.015 Responsibility for plans. It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer a complete set of construction plans, when deemed necessary by the public works department. They shall include profiles, cross - sections, specifications and other supporting data for the hereinafter required public streets. (Ord. 255 § 3, 1982) 12.12.020 Required public improvements. Every subdivider shall be responsible for the installation of improvements in accordance with the conditions and specifications outlined in PMC 12.12.025 through 12.12.070. (Ord. 255 § 3, 1982) 12.12.025 Monuments. Monuments and lot corner markers for determining the boundaries of subdivisions and lot comers shall be set in a professional manner. The department of public works may http:// www .codepublishing.com/AK/Palmer/c If4*vfMafi�Otlpile.pl ?code= palmerBcext =... 5/31/2013 Palmer Municipal Code Page 2 or 4 promulgate regulations to further define the requirements for survey monumentation. (Ord. 255 § 3, 1982) 12.12.030 Streets. The subdivider shall construct dedicated streets within the subdivided property. In those portions of the city, paved streets shall be required unless waived in accordance with PMC 12.12.080. In addition, the city council may require the subdivider to construct or partially construct periphery or access streets when such streets are necessary to serve the subdivision or are otherwise made necessary by the subdivision. All internal subdivision streets shall be constructed in accordance with the standards and specifications adopted by the city. All required periphery and access streets shall be constructed or improved in accordance with the comprehensive plan. (Ord. 255 § 3, 1982) 12.12.035 Curbs — Gutters. Curbs and gutters shall be constructed in accordance with the standards and specifications adopted by the city or the Alaska Department of Highways. (Ord. 255 § 3, 1982) 12.12.040 Installation of public utilities. Public utilities shall be located in accordance with standards adopted by the city. (Ord. 255 § 3, 1982) 12.12.045 Telephone and electric lines. All new telephone and electric lines shall be installed as per franchise agreement with the city and as set forth in Chapter 13.04 PMC. (Ord. 255 § 3, 1982) 12.12.050 Drainage. An adequate drainage system, which may include necessary storm drainage facilities, drain inlets, manholes, culverts, bridges, and other appurtenances, shall be required in all subdivisions, This system shall take into consideration the preservation of designated high - quality wetlands critical to the water table levels and wildlife habitat. (Ord. 255 § 3, 1982) 12.12.055 Traffic control devices — Signs. Traffic signs shall be installed in accordance with the requirements of the Uniform Traffic Control Devices. Street name signs shall be installed in all subdivisions in accordance with the requirements of the city. (Ord. 255 § 3, 1982) 12.12.060 Sidewalks. Sidewalks, when required, shall meet the standards of the city. (Ord. 255 § 3, 1982) 12.12.065 City street lighting. Street lighting shall be installed in accordance with the requirements of the city. (Ord. 255 § 3, 1982) 12.12.070 Erosion and sedimentation plan. In the event that any developer shall intend to denude or recontour any land proposed to be subdivided, by means of grading, excavation or the removal of or destruction of the lrttp: llwwvv. codepublishing .comJAKJPalmerlcr' 6 %v laW2415pile.pl ?code= paimer &ext =... 5/31/2013 Palmer Municipal Code Page 3 of 4 natural topsoil, trees, or other vegetative covering thereof, a plan for erosion and sedimentation control shall be submitted to the city manager for approval prior to any recontouring or denudation being done unless there has been prior determination by the platting authority that such a plan is not necessary. Such plans shall contain adequate measures for control of erosion and siltation, where necessary, using the guidelines and Policies contained herein. These plans shall be reviewed by the city manager and, if approved, shall be followed as the plans indicate. If the measures required to control erosion and siltation construction are necessary, such construction shall be a part of the street improvement agreement. The following control measures should be used for an effective erosion and sediment control plan: A. The smallest practical area of land should be exposed at any one time during development. B. When land is exposed during development, the exposure should be kept to the shortest practical period of time. C. Sediment basins (debris basins, desilting basins or silt traps) should be installed and maintained to remove sediment from runoff waters from land undergoing development. D. Provisions should be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. E. Groundcover should be replaced as soon as practical in the development. F. The development plan should be fitted to the topography and soil conditions so as to create the least erosion potential. G. Wherever feasible, natural vegetation should be retained and protected. H. All slopes within a subdivision resulting from cut and fill operations shall not exceed a maximum slope of 50 percent unless a lesser slope is deemed necessary by the city manager due to soil conditions. If slopes of greater than 50 percent are desired, such slopes will be supported by a retaining structure approved by the city. (Ord. 255 § 3, 1982) 12.12.075 Guarantee of completion. Prior to final approval and recording of any subdivision requiring public improvements, the subdivider shall enter into a street improvement agreement with the city. (Ord. 255 § 3, 1982) 12.12.080 Variances authorized. The city council may grant a variance from the provisions of these regulations. The city council shall only grant variances that it deems necessary, or which it finds desirable from the standpoint of public interest. In making its findings, as required in this section, the city council shall take into account the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon conditions in the vicinity. No variance shall be granted unless the city council finds the following contained in subsections (A), (B) and (C) of this section: h ttp: Hwww. codepublishing.co m/AK/Patmer /c $"wPf3%{:C24ogPi1e.p1 ?code= palmer &ext =... 5/31/2013 Palmer Municipal Code Page 4 of 4 A. That there are such circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impractical, unreasonable or undesirable to the general public. In such cases, the subdivider shall first state his reasons in writing to the specific provision or requirement involved and submit them to the city council. The subdivider bears the burden of proof. B. That the granting of the specific variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. C. That the granting of the specific variance will not have the effect of nullifying the intent and purpose of this title or the comprehensive plan. D. The city council shall include its findings and the specific reasons for its action and shall also record its reasons and actions in its minutes. (Ord. 596 § 3, 2002; Ord. 255 § 3, 1962) The Palmer Municipal Code Is current through Ordinance City Website: h[tp: / /www.cityo(paimer, erg/ 13 -002, passed March 26, 2013. (http: / /www.ciryofpaimer.org /) Disclaimer: The City Clerk's Office has the official version of the City Telephone: (907) 745 -3271 Palmer Municipal Code. Users should contact the City Clerk's Code Publishing Company office for ordinances passed subsequent to the ordinance cited ( http: / /www.codepublishing.com /) above. http: / /.vww.codepublishing.com/AK/ Palmer /cgW lAaAC2Mpile.pl ?code = palmer &ext =... 5/31 /2013 0 2:1 MAX (SEE NOTE 1) 6" TYPE �- --LIMIT OF EXCAVATION TYPICAL SECTION - 114 PA COURSE I 2:1 MAX -�.`� I NOTE 1) I — cLASSIFIED FILL OR BACKFILL 20'/24' STRIP PAVING 7 2:1 MAX (SEE NOTE 1)-- 4" TYPE '--LIMIT OF EXCAVATION TYPICAL SECTION - NOTES: 2' 2:1 MAX NOTE 1) ,,— CLASSIFIED FILL OR a BACKFILL �_ _ _ �► 20'/24 GRAVEL STREET 1, MATERIAL TO BE PLACED OR REMOVED AND GRADED IN A NEAT MANNER FROM EXCAVATION LIMITS TO EXISTING ELEVATION AT PROPERTY LINE AS DIRECTED BY THE ENGINEER. 2. DEPTH OF EXCAVATION TO BE DETERMINED BY THE ENGINEER. 3. THE TOP 6" OF CLASSIFIED FILL OR BACKFILL IMMEDIATELY BENEATH THE LEVELING COURSE SHALL BE RESTRICTED TO MINUS 3 —INCH MATERIAL. 4. UNLESS OTHERWISE APPROVED, THE C OF STREET WILL BE THE C OF R.O.W. sc etF: NTS TYPICAL SECTIONS FOR SEC °Mp APP zo.a t =ER 20'/24' STRIP PAVING THRUM 20.14 REM %a7 AND GRAVEL STREETS °20 -' 1 R. .W. VARIES STREET �-6" TYPE II—a I t. Es 2�',, LAEELING COURSE C. PAVEMENT (CLASS C) E 4 REF,=O.O� D SEE NOTE SEE NOTE C No. 2 No. 2 — P.C.C. SIDEWALK 4" P.C.C. SIDEWALK (DETACHED) CLASSIFIED FILL & BACKFILL —) LIMIT OF EXCAVATION (C) �D) PAVEMENT PAVEMENT LIP L. 8(E 2K WIDTH C&G C&G C&G 20' 10, --0.20 -0.28 -.0.03 24' 12' --0.24 -0.32 --0.07 26' 13' - 0.26 —0.34 —0.09 29' 14.5' --0.29 —0.37 --0.12 32' 16' --0.32 —0.40 —0.15 36' 18' -.0.36 —0.44 --0.19 NOTES: 1. ALL DIMENSIONS AND ELEVATIONS AS SHOWN ON THIS DRAWING ARE TYPICAL BUT MAY VARY IN SPECIFIC INSTANCES AS SHOWN ON PLAN—PROFILE DRAWINGS OR AS DETERMINED BY THE ENGINEER. 2. MATERIAL TO BE PLACED OR REMOVED AND GRADED IN A NEAT MANNER FROM EXCAVATION LIMITS TO EXISTING ELEVATION AT PROPERTY LINE AS DIRECTED BY THE ENGINEER (MAXIMUM-2:1 CUT AND FILL SLOPES). 3. DEPTH OF EXCAVATION TO BE DETERMINED BY THE ENGINEER. 4. WHERE SIDEWALKS ARE NOT CONSTRUCTED, SEE STANDARD DETAIL 20-3 FOR SLOPING BETWEEN CURB AND PROPERTY LINE. 5. UNLESS OTHERWISE APPROVED THE q OF STREET WILL BE THE � OF R.O.W. SCALE. SECrM# NTS 20.01 CrTY OF PALMER APPR04�0: 20, 241, 261, 291,321, THRIJ# 20.14 REVISED, AND 36' STREETS DETAIL i 11/87 20-2 Paae 146 of 245 SEE NO. R.O.W. VARIES 1" A.C. PAVEMENT (CLASS B) AND TACKCOAT FOR 41 & 45 WIDE PAVEMENT nui v PWIDTH PAVEMENT LISP (FL) BACK C &G C &G C &G SIDRALK 36' 41' 18' —0.36 —0.46 0.04 WIDTH 45' 20.5' 22.5' —0.41 —0.51 —0.01 4' 5' —0.45 —0.55 —0.05 5' NOTES 1. ALL DIMENSIONS AND ELEVATIONS AS SHOWN ON THIS DRAWING ARE TYPICAL BUT MAY VARY IN SPECIFIC INSTANCES AS SHOWN ON PLAN PROFILE DRAWINGS OR AS DETERMINED BY THE ENGINEER. 2. MATERIAL TO BE PLACED OR REMOVED AND GRADED IN A NEAT MANNER FROM EXCAVATION LIMITS TO EXISTING ELEVATION AT PROPERTY LINE AS DIRECTED BY THE ENGINEER. (MAXIMUM — 2:1 CUT AND FILL SLOPES). 3. DEPTH OF EXCAVATION TO BE DETERMINED BY THE ENGINEER, 4. UNLESS OTHERWISE APPROVED, THE (E OF STREET WILL BE THE OF ROW NOTE N0, 2 SCAM NTS sEgipyl CITY OF PAU&M �oPROM: , f 20.01 REVISED: 36, 41, AND 45, STREETS 7HRU# 20.74 11/87 oEUI� I 20 -3 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -01 x«No� SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached platKEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission onDecember 28, 2012, and received from Segesser Surveys WHEREAS, the City of Kenai Plamting and Zoning Commission finds: 1. Plat area is zoned RR —Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not available 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to theCity of Kenai for the referenced property. 4. Installation agreement or construction of improvementsIS required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. See Page 2. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVEKEE'S TERN SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 9 2013. -� :/. --\� t ATTEST Page 148 of 245 PZ13 -01 Resolution Page 2 L Grant an exception to KMC 14.10.080(e) (Public Water System) and (t) (Sanitary Sewer Service). 2. Installation agreement will be required: The City will work with the property owner to develop the Installation Agreement after preliminary plat approval. Improvements may include but not be limited to the following: a. Streets and drainage plans must be designed and const Municipality of Anchorage Standard Specifications (2009 ructed to MASS) b. Design must be stamped by an engineer licensed in the State of Alaska. c. Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. d. Streets will require a minimum 24 -foot paved surface, with 2 -foot shoulders and approved excavation and backfill. e. Signage including but not limited to stop signs, speed limit signs and street signs. f. Back slopes must be top soiled and seeded. g. After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. h. As -built drawings must be submitted to the City in both paper and digital format (Adobe & AutoCAD). 3. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet City and Borough regulations. Page 149 of 245 CITY OF KENAI PLANNING AND ZONING COMMISSI RESOLUTION NO. PZ13 -25 (13 -01) SUBDIVISION PLAT IMPROVEMENT EXC1 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THE KENAI CITY COUNCIL APPROVE EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED, BY NOT REQUIRING THE DEVELOPER TO PROVIDE A PUBLIC WATER SUPPLY AND SANITARY SEWER LINES FOR THE ATTACHED SUBDMSION PLAT AND AMENDING PZ13 -01 TO REQUIRE THAT ROADS BE CONSTRUCTED TO THE MINIMUM STANDARDS REQUIRED BY CITY CODE. WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on December 28, 2012, and were recommended for approval on January 9, 2013, subject to certain conditions; and, WHEREAS, further review requires the City of Kenai Planning and Zoning Commission to amend the minimum road standards imposed; and, WHEREAS, the City of Kenai Planning and Zoning Commission must recommend to the City Council the waiver of water and sewer requirements for Council approval. 1. It is recommended that the Kenai City Council approve the following exceptions to the minimum improvements required for Kee's Tem Subdivision pursuant to KMC 14.10.090 Variations and Exceptions: a. Public water system required pursuant to KMC. 14.10.080(e) not be required based on the following findings: i. Lot sizes are over 40,000 sq. feet, which are adequate to support on -site water. ii. City fire protection is available. iii. On -site water is consistent with surrounding neighborhood. b. Sanitary sewer lines required pursuant to KMC. 14.10.080(f) not be required based on the following findings: i. Lot sizes are over 40,000 sq. feet, which are adequate to support on -site sewer. ii. Cost prohibitive to boring under the Kenai Spur Highway. iii. Soils are adequate to support on -site waste water. 2. Resolution PZ13 -01 is amended by repealing the requirement that the developer build paved roads and instead require all streets in the subdivision be built to the minimum standards required by City Code. 3. If water and sewer are extended to the first entrance to the subdivision prior to the full development of the subdivision and installation of other utilities, water and sewer will be extended to serve the subdivision. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 22, 2013. Page 150 of 245 IL Res. PZ13 -25 (Amendin; 13 -01) Page 2 ,1 1 l ATTEST: • An Installation Agreement will be required: The City will work with the Property owner to develop the Installation Agreement after preliminary plat approval. Improvements may include but not be limited to the following; _a a (a.) Design must be stamped by an engineer licensed in the State of Alaska. (b.) Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. c. Signage including but not limited to stop signs. signs, speed limit signs and street d. Back slopes must be top soiled and seeded. e. After construction, the engineer must submit signed documentation that the road was built to the standards approved in the submitted plans. f. As -built drawings must be submitted to the City in both paper and digital format (Adobe & AutoCAD). 2. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names t and Borough regulations. o ensure names meet City Page 151 of 245 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING PUBLIC WATER AND SEWER SYSTEM EXCEPTIONS TO KMC 14.10.080, MINIMUM IMPROVEMENTS, FOR KEE'S TERN SUBDIVISION PURSUANT TO KMC 14.10.090, VARIATIONS AND EXCEPTIONS. WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Kee's Tern Subdivision on December 28, 2012, and recommended approval subject to certain conditions on January 9, 2013; and, WHEREAS, on May 22, 2013, the Planning and Zoning Commission amended its recommended conditions imposed for approval; and, WHEREAS, Planning and Zoning Commission Resolution No. PZ13 -25, passed on May 22, 2013, recommends that the City Council Approve Exceptions to KMC 14.10.080(e)and(f), Minimum Improvements Required, to waive the requirement that the developer of Kee's Tern Subdivision provide a public water supply and sanitary sewer lines for each lot in the subdivision; and, WHEREAS, at the Planning and Zoning Commission meeting on May 22, 2013, the developer of the subdivision additionally requested an exception from building the subdivision roads to City standards and instead requested the roads be built to Kenai Peninsula Borough standards, however the Planning Commission took no action on this request; and, WHEREAS, KMC 14.10.090, variations and exceptions allows for the City Council to vary or modify the minimum subdivision requirements, after a report by the Planning and Zoning Commission so that the sub - divider may develop the property in a reasonable manner while at the same time protecting the public welfare and interests of the City, surrounding areas, and general intent and spirit of the development requirements when the tract to be subdivided is of unusual shape or size or is surrounded by such development or unusual conditions that strict application of the improvement requirements would result in real difficulties, substantial hardship, or injustice; and, WHEREAS, waiving the requirement of KMC 14.10.080(e) requiring the provision of a public water supply to each lot is reasonable as the proposed lot sizes are over 40,000 square feet and can adequately support on site water, City fire protection is available and onsite water is consistent with the surrounding neighborhood; and, r 1 ) Page 152 of 245 Resolution No. 2013 Page 2 of 2 WHEREAS, waiving the requirement of KMC 14.10.0800 requiring the provision of sanitary sewer lines to serve each lot is reasonable as the lot sizes are over 40,000 square feet and can adequately support on sewer systems, bringing system to the subdivision is cost prohibitive as it would require boring Kenai Spur Highway, g a sewer and soils are adequate to support on -site waste waterg,, and, the WHEREAS, the Planning and Zoning Commission conditioned its recommendation exceptions to water and sewer requirements that if water and sewer are "tended to the first entrance to the subdivision for and installation of other utilities, water and the development of the subdivision subdivision. must be extended to serve the NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1. That pursuant to KMC 14.10.090, the City Council requirements in KMC 14.10.080 that require the developer to Provide a system and sanitary aives the tary sewer lines to each lot in the subdivision based on public water stated above. the findings Section 2. That if water and sewer are extended to the first entrance to the subdivis ion prior to the full development of the subdivision and installation of o the utilities, water and sewer must be extended to serve the subdivision. Section 3. Council, s action to provide for a waiver for the request for and sewer shall be revoked if the subdivision or individual phases of the subdivision are not complete and accepted by the City ublic water ty within ten (10) years of this action. PASSED BY THE COUNCIL 2013. OF THE CITY OF KENAI, ALASKA this Sw day of June, ATTEST: R A /MA QUIS, CE A OR Sandra Modigh, City Clerk Page 153 of 245 14.10.080 Minimum improvements required. (a) Receipt of the signed copy of the approved preliminary plan is authorization for the subdivider to proceed with the preparation of plans and specifications for the following minimum improvements and with the preparation of the final plat. Prior to the construction of any improvements required (or to the submission of a bond in lieu thereof), the subdivider shall furnish the City Planning Commission all plans, information, and data necessary to determine the character of said improvements. These plans shall be examined by the City Engineer or a professional engineer under contract to review all subdivisions by the Planning Commission, and will be approved if in accordance with the requirements of this section. Following this approval, construction can be started (or the amount of a bond determined). (b) No final or official plat of any subdivision, except for subdivisions prepared by the City of Kenai, shall be approved unless: (1) The improvements listed in the following subsections have been installed prior to such approval, or (2) The subdivider shall file with the City Clerk security, such as but not limited to, a surety bond, cashier's check, or a certified check upon an Alaskan bank conditioned to secure the construction of the improvements listed in the following subsections in a satisfactory manner and within a period specified by the City Council, but such period shall not exceed two (2) years. No such security, bond, or check shall be accepted unless it be enforceable by or payable to the City in a sum at least equal to the cost of constructing the improvements as estimated by the City Engineer or his equivalent under contract by the City, and in form with surety and conditions approved by the City Attorney. (c) All street and public ways shall be graded to their full width and to the a ro riate grade, and shall be surfaced to a minimum width of thirty (30) feet in accordance with applicable standard specifications of the City and all streets in any subdivision that the City Plammna Commission shall designate as maior streets shall be surfaced to a minimum width of forty feet The cross-section of construction shall contain non -frost susceptible material to the depth of ,- _ _r..- .....ri ,f A death by with all applicable City standards for construction. (d) Concrete sidewalks not less than four (4) feet in width shall be constructed along at least one side of all maior streets and arterial streets The Planning Commission may also require the construction of sidewalks along at least one side of minor streets (In subdivision of ten (10) lots or less the subdivider will include a covenant on the recorded plat that when an improvement district is formed the real property involved will be a part of the improvement district without further action by the then owner of the property in question.) (e) In subdivisions of ten (10) or more lots, an approved public water supply shall be provided for each lot within the subdivision area. Water mains shall be buried at least eight (8) Page 154 of 245 IV feet deep with the depth to be determined by measuring from the grade line of the planned preliminary future street'grades or, if there are no planned future street s, from the natural grade of the adjacent right -of -way to the top of the main being installed. Fire hydrants shall also be installed in all subdivisions and in accordance with the specifications of the Nation Board of Fire Underwriters. (In subdivisions of ten (10) lots or less, the subdivider will include a covenant on the recorded plat that when an improvement district is formed, the real property involved will be a part of the improvement district without further action by the then owner of the property in question.) (fl The subdivider shall install sanitary sewer lines to serve each lot. All such sewer lines shall be constructed in accordance with regulations and requirements of, and under the supervision of the City Engineer's office or his equivalent under contract by the City if such sanitary sewers are available for connection by the said subdivider and are located within one thousand five hundred (1,500) feet of the subdivider's nearest lot line. (g) All necessary facilities, either underground pipe or drainage ditches, shall be installed to provide adequate disposal of surface water and to maintain any natural watercourses. (1) In the event a subdivider is unable to comply with the requirements of this section, then any plat shall contain a covenant that all of the lots in any subdivision, as defined in this chapter, shall be subject to assessment for any of the improvements required herein when installed at a future time by the City, provided that insertion of covenants on a plat shall not be permitted in lieu of installation of street improvements for new subdivisions as provided in this section, except for subdivisions fronting on dedicated streets or streets dedicated in federal patents or in subdivisions of two and one -half (2 1/2) acre homesites (or smaller) owned by the original patentee. (KMC 14 -20, Ord. 787) 14.10.090 Variations and exceptions. Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties, substantial hardship or injustice, the City Council, after report by the Planning Commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that at the same time, the public welfare and interests of the City and surrounding areas are protected and the general intent and spirit of these regulations preserved. (KMC 14 -21) Page 155 of 245 CHAPTER 14.06. ROAD STANDARDS u 14.06.010. Road construction standards — Introduction. 14.06.020. Standards applicable. 14.06.030. Road construction standards. 14.06.040, Subdivision standards. 14.06.050. Application for maintenance. 14.06.060. Certification and inspections. 14.06.070. Other requirements not eliminated 14.06.080, Road construction standards — Construction categories. 14.06.090. Road construction standards —Road Wdths. 14.06.100. Road construction standards—Construction standards for maintenance certification. 14,06.110. Category i and it roads— Altemate design method. 14.06.120. Category 1 II and III roads Engineering required for proiect designs other than typical or alternate. 14.06.130. Category IV roads — Engineering required 14 06140 Warranty and security requirements. 14.06.159. Road construction standards— Tvpical section materials. 14.06:160. Road construction standards — Alignment. 14.06.170. Road construction standards — Drainage and culvert material. 14.06.180. Road construction standards — Structures /bridges. 14.06.190. Airoarks. 14.06.200. Road construction standards — Signs. 14.06.210. Road construction standards — Paving specifications. 14.06.220. Road construction standards —Fee schedule. 14.06.230. Road construction standards — Exceptions. 14.06.240. Road decertification. 14.06.250. Road construction standards — Definitions. 14.06.010. Road construction standards — Introduction. A. Overview. The criteria set forth in KPB 14.06.080 —.250 for the construction of local roads within the Kenai Peninsula Borough represent a minimum standard of construction: Roads shall be built to the highest standard practicable within economical constraints. Page 156 of 245 V A A right -of -way construction permit pursuant to KPB 14.40.040 is required prior to beginning construction within a dedicated right -of -way. (Ord. No. 2008 -05(S), § 1, 5 -6 -08) 14.06.020. Standards applicable. Before a road is certified for the Borough road maintenance program, it must meet or exceed the requirements set forth in this chapter. The Kenai Peninsula Borough Road Service Area ( "RSA ") board, director, and staff will administer this chapter. (Ord. No. 2008- 05(S), § 1, 5 -6 -08) 14.06.030. Road construction standards. The Borough adopts the standards for construction of service area roads contained in this chapter. Should there be a conflict between the road construction standards in KPB 14_06 and those contained in the subdivision ordinance or other chapters of the Borough Code, the KPB 14.06 standards shall control. (Ord. No. 2008- 05(S), § 1, 5 -6-08) 14.06.040. Subdivision standards.;r' All roads within a subdivision must meet or exceed the design requirements of KPB Title 20, Subdivisions, in effect at the time of application for maintenance in order to be certified for road maintenance unless an exception is granted under KPB 14.06.230. (Ord. No. 2008 -05(S), § 1, 5 -6-08) 14.06.050. Application for maintenance. �` A. A C. Any person or entity may apply for maintenance for an existing or planned road which lies within the borough road service area. The RSA board shall adopt Procedures for making applications for road maintenance consistent with the provisions of this chapter. Applications for maintenance will only be accepted until September 1 for consideration for that calendar year. An application for maintenance shall be submitted on a form approved by the RSA board. (Ord. No. 2008- 05(S), § 1, 5 -6-08) Page 157 of 245 14.06.060. Certification and inspections. . 0 A C. A Only roads that meet the design and construction standards set forth in this chapter may be certified by the RSA board for inclusion in the RSA maintenance program. Prior to certification, inspections shall be performed by the RSA director or staff to ensure that applicable standards have been met. The applicant for maintenance is responsible for all costs, other than RSA staff time, associated with inspections for certification. All work on the project must be completed by October 1 of each year to allow for a final inspection. Applications for maintenance of existing roads shall be subject to inspection by the RSA for road certification and may include test holes every 150 feet; engineering analysis of road geometry, drainage, and general adequacy for anticipated traffic; and an as -built survey of the road scaled by a professional land surveyor registered in the State of Alaska under AS 8.48. The RSA director or staff shall make a written recommendation to the RSA board prior to the board's certification of the road for the maintenance program. The level of maintenance is subject to available funding. (Ord. No. 2008- 05(S), § 1, 5 -6-08) 14.06.070. Other requirements not eliminated... This chapter only establishes the design and construction standards for certification of roads for the road maintenance program and does not eliminate any other requirements for eligibility for the road maintenance program or road construction that may be established by federal or state law, Borough ordinances, or other regulations adopted pursuant to these laws. It is the applicant's responsibility to comply with all federal, state, and local laws. (Ord. No. 2008- 05('S), § 1, 5-6 -08) 14.06.080. Road construction standards — Construction categories. 0 The RSA director or his designee will determine the category of road required based on the standards set forth in this section. Applicants may request a review by the RSA board of the RSA director's road categorization. Any request for an exception to the appropriate category must be approved by the RSA board pursuant to KPB 14.06.230 Page 158 of 245 C. Internal subdivision roads. The standard to which a road is constructed shall be based on number of lots served as set forth below and the other factors set out in this subparagraph. The category shall also be determined by lots indirectly served where the road is a collector or subcollector and provides necessary access to lots not otherwise served by a borough- or state - maintained collector or subcollector 1. 2. 3. Category l; A cul -de -sac road or other minor road, both of which serve less than ten lots. Category ll: A road that serves between ten and 20 lots. Category ll/. A road that serves between 21 and 50 lots. 4. Category IV., A road that serves greater than 50 lots. D. Collector roads. Collector roads shall be constructed to Category IV road standards. (Ord. No. 2008- 05(S), § >, 5 -6 -08) 14.06.090. Road construction standards —Road widths..;- Roads certified for maintenance must comply with the minimum and maximum widths in the following table: Category of Road Minimum Width Maximum Width (Feet) (Feet)' ( "Shoulder to shoulder) (Ord. Na 2008- 05(S), § 1, 5 -6 -08) Page 159 of 245 cv 28 22 28 EIV 24 28 26 28 ( "Shoulder to shoulder) (Ord. Na 2008- 05(S), § 1, 5 -6 -08) Page 159 of 245 14.06.100. Road construction standards — Construction standards for maintenance certification. _" 0 1. 01 Typical section. Gravel roads shall be constructed in accordance with the Gravel Road Typical Section drawing and associated tables. Additional requirements are: Roads must be contiguous with an existing road system maintained by the borough or other governmental agency. All roads must be on a dedicated right -of -way or a section -line easement and must be built along the right -of- way centerline. Minimum right -of -way width shall be 60 feet. All organic material shall be stripped and removed to a minimum depth of four feet below finished grade. If geotextile is utilized over organics, then the depth of embankment must be two feet minimum or greater as required for stability for Category I and II roads, and 30 inches or greater for Category III roads. 3. Extraction of material between the ditch lines for any purpose other than excavation to subgrade is prohibited. 4. Geotextile shall be placed over all subgrade soils consisting of silts or clays with a frost classification of F4 (U.S. Corps of Engineers). Geotextile shall be provided to cover maximum width of embankment. 5. The roadway embankment shall be placed in lifts of 12 inches or less and compacted to not less than 92 percent of maximum density. Maximum density shall be determined by AASHTO T 180, Method D. 6. In place usable excavation material within the outside 12 feet of 60 -foot or greater rights -of -way meeting the specifications of the required embankment material may be utilized in lieu of borrow. Backfill must be placed in lifts and equipment tracked. No organic debris may be buried within the right -of -way. 7. The RSA requires a 2.5:1 fore slope in ditchlines. Fill areas over six feet must be an engineered design, preapproved by the RSA director. Page 160 of 245 0 Roads constructed in level terrain susceptible to ponding require the applicant to submit to the RSA director for approval drainage designs which B. may include approved drainage galleries or elevated road sections. Roads must pass a proof roll test at the RSA director's discretion if expected or intended traffic volume or use of the road has not materialized prior to release of the applicant's security as provided in KPB 14.06.140. The RSA director or his staff shall make written findings stating the reason(s) a proof roll test is required. The applicant must provide the means to conduct a proof roll test during the final inspection. The proof roll test will consist of a 12- cubic -yard end dump truck loaded to maximum legal capacity traversing the road as directed by the RSA director or designee. The minimum proof rolling is full length of the road, on both lanes. If excessive rutting, greater than three - inch -depth tracks, occurs, remedial work will be required. The C. RSA director or designee will designate the defective areas in a written report. Roads constructed across wetlands, including peatlands, must be designed and certified by a licensed civil engineer preapproved by the RSA director. D. In order to limit damage to the right -of -way, adjacent properties, watercourses, and waterbodies, construction of roads within the Seward Mapped Flood Data Area (SMFDA) and Flood Insurance Rate Map (FIRM) area WITHIN THE Seward -Bear Creek Flood Service Area, as both are defined by KPB 21_06, requires an engineering analysis and design certified by a licensed civil engineer approved by the road service area board prior to start of construction. Any exception to this requirement must be approved by the road service area board in accordance with KPB 14.06.230 Page 161 of 245 GRAVEL ROAD TYPICAL SECTION RIGHT OF WAY WIDTH iIN.ITS OF CLEARING L GRUBBING, WN I °' MIN ROADWAY MOTH .A SEE TABLE r —2% I / TYPE iI -�/ / EXISTING G.4OUNri GEOTEXILE. IF REOUIRED TYPE JIl/ SEE SEC-ION 14.64 100.294 TYPEIV- TA.6LE A �A'EGJA� 11J. J7k 5ASEDEPT'. O' ROAD M >A, MAX T+'PE I -YPE i 1 sT 2e 18• �• 1. 2e 1B' 6' II _. 2e 24.61 Requirements for Embankment Material Percent Passing by Weight Category I, 11, & III Roads Table Sieve Designation Type I Type II Type III* 4inch 95 -100 — — 2 inch 85 -100 100 100 1 inch — — 95 -100 No -4 30 -60 30 -65 40 -75 No. 16 — — 20 -43 No. 200 0 -6 6 -10 4 -10 *Type III relates to Category IV Gravel Roads: Typical Section (Ord. No. 2009 -29, § 1, 6- 16 -09: Ord. No. 2008.05(S), § 1, 5 -6 -08) Page 162 of 245 14.06.110. Category I and II roads — Alternate design method. A. Alternate construction methods may be utilized for Category I and II roads if approved by the RSA board prior to construction based on conditions outlined in subsection C. M An RSA application for an alternate design shall be filed and approved by the RSA board prior to the start of construction of a new road or upgrade of an existing road. Failure to get approval of the RSA board prior to construction shall result in the denial of the road maintenance application. If an application is denied due to the failure to apply prior to construction, the applicant may reapply after one year. C. Applicant shall provide the RSA board documentation that shows soil, economic, D. terrain, or other conditions are such that the standard typical section is not practical. E. Alternate design methods shall meet the minimum requirements shown on the Alternate Typical Section drawing and associated Category I & 11 Alternate Road Tables. A minimum of three RSA staff inspections will take place, consisting of initial, midway, and final inspections. The applicant must provide the means to conduct a proof roll test during the final inspection. The proof roll test will consist of a 12- cubic- yard end dump truck loaded to maximum legal capacity traversing the road as directed by the RSA director or designee. The minimum proof rolling is full length of the road, on both lanes. If excessive rutting, greater than three - inch -depth tracks, occurs, remedial work will be required. The RSA director or designee will designate the defective areas in a written report. Page 163 of 245 CATEGORY I &II ALTERNATE ROAD TYPICAL SECTION RIGHT OF WAY WIDTH - -- LIMITS OF CLEARING & GRUBBING. MIN. - - - - - -- 75'MIN. -_ -- ROADWAYWIDTH 15'MIN.� SEE TA6.EA 25 ?_v y IN li GEOTEXTILE - TYPE 11 -' TYPEI SUITABLE SUBGRADE MATERIAL aiov D TABLE A CATEGORY WIDTH BASE DEPTH OFROAD MIN. MAX TYPE] TYPEr 20 28' 12' 6" II 22 28' 12' 6" Requirements for Embankment Material Percent Passing by Weight Category I & 11 Alternate Roads Table Sieve Designation Type I YP Type II Type III' 4inch 95 -100 — — 2inch 85 -100 100 100 1 inch — 95 -100 No.4 30 -60 30 -65 40 -75 No. 16 — 20 -43 No. 200 0 -6 6 -10 4 -10 'Type III relates to Category IV Gravel Roads: Typical Section (Oro. No. 2008- 06(S), § 1, 5 -6 -08) Page 164 of 245 14.06.120. Category I, II, and III roads — Engineering required for project designs other than typical or alternate. A. An engineered design may be submitted for Category I, II, and III roads if prepared and sealed by a licensed civil engineer. The design shall include typical section(s), centerline plan, and profile. The design shall provide for adequate drainage. The design shall be based on a soils investigation with test holes at least every 500 linear feet or less at the RSA director's discretion pursuant to written findings regarding topography, material used, design, and opportunity for inspections during the construction stages along with other relevant considerations. A report shall be submitted with test hole logs and soil analyses. B. C. Engineered designs must be pre- approved by the RSA board prior to construction. Once the project is complete, as -built drawings or a detailed report certifying that the road has been constructed to RSA standards, prepared and sealed by a licensed civil engineer, shall be submitted to and approved by the RSA director. A report in lieu of as -built drawings must include photos, sieve analysis of materials used, field inspection reports, compaction test results, and other inclusions the RSA may request. The as -built drawings or report are required prior to acceptance by the RSA board of the road for certification for maintenance. (Ord. No. 2008- 05(S), § 1, 5.6 -08) 14.06.130. Category IV roads— Engineering required.,;?" A. ffm Category IV roads are required to be designed and engineered by a licensed civil engineer. Drawings of the detailed plans must be submitted and approved by the RSA board prior to construction. Design shall meet the minimum standards as designated in the Category IV Gravel Road Typical Section drawing as indicated in the Category IV Road Table. The project engineer must provide a certified as -built drawing or a detailed report certifying that the road has been constructed to RSA standards before certification for road maintenance will be granted. This report must include photos, sieve analysis of materials used, field inspection reports, compaction test results, and other inclusions the RSA may request. Page 165 of 245 CATEGORY IV GRAVEL ROAD TYPICAL SECTION rt RIGHT LIMITS OF CLEA - -.../5' MIN. }--- --- .___... ROA SEE ..- ......_.,.... o-- _ _ .r- -2% TYPE III TYPE II TYPE & GRUBBING. MIN. 'WIDTH -- ------ - -- 15' MIN. ----- EA 2 %n —+- CATEGORY WIDTH OF ROAD MIN. MAX IV 26' 28' Requirements for Embankment Material Percent Passing by Weight Category IV Roads Table GROUND BASE DEPTH TYPE I TYPE II TYPE III 24" V 6" Sieve Designation Type I Type II Type III* 4 inch 95 -100 — — 2 inch 85 -100 100 100 1 inch — — 95 -100 No.4 30-60 30 -65 40 -75 No. 16 — — 20 -43 No. 200 0 -6 6 -10 4 -10 *Materials furnished by the contractor for use as Type III classified fill and /or backfill shall be crushed aggregate material with at least 50 percent of the coarse aggregate having at least one fresh mechanically fractured face and graded within the limits of Category IV Road Table. (Ord. No. 2008- 05(S), § 1, 5 -6 -08) Page 166 of 245 14.06.140. Warranty and security requirements. A. Warranty. An applicant for maintenance must warrant and guarantee that the road(s) submitted for certification were constructed consistent with RSA Road Standards and /or any plans or agreements approved by the RSA director or designee and that the road(s) shall remain in reasonably good condition and continue to meet all applicable road standards and /or approved plans or agreements for one year. The warranty shall include defects in design, workmanship, materials, and any damage caused to the road by the applicant or the applicant's agents. B. C. Construction Cost Statement. The applicant for maintenance certification shall complete an RSA Maintenance Application Form that includes a statement of costs of road construction. The statement of costs must be supported by invoices or be estimated and certified by a licensed civil engineer and approved as reasonable by the RSA director based on historical costs within the geographic location. 1. The applicant may appeal any disagreement between the applicanfs submitted cost estimate and the RSA directors determination of reasonable construction costs to the RSA board by filing a notice of appeal with the RSA director within 30 days of the date of notice of the RSA directors denial of the applicant's submitted cost. Financial Security for Warranty. Applicants for maintenance of roads preliminarily approved for maintenance must provide the RSA with security to guarantee the payment of any repair or reconstruction costs undertaken by the RSA or its agents due to any road failures, defects, or deficiencies that occur during the warranty period. Once acceptable security is received, the road will be certified for maintenance. 1. 4 The RSA will notify the applicant in writing of preliminary approval of the applicant's road(s) for maintenance at the applicant's last known address. Within 30 days after notification of approval for maintenance is sent, the applicant must fumish the RSA with acceptable security for the warranty to remain in effect for one year. If acceptable security is not furnished within the applicable time frame, the road will not be certified for maintenance, and the applicant cannot reapply for maintenance certification for the same road(s) until the following calendar year. Page 167 of 245 3. A Security covering ten percent of the construction costs for the project shall be accepted in any one of the following fors: a. n C. 9 A bond in the required security amount issued by a qualified corporate surety licensed to do business in Alaska. The bond shall be payable to the Borough in the event that any reconstruction or repairs are required for road failures, defects, or deficiencies that occur during the warranty period. A cashier's check or certified check in the required security amount. The funds shall be held in trust and returned after the expiration of the warranty period less any costs necessary for reconstruction or repair of any road failures, defects, or deficiencies that occur during the warranty period. A deposit of a cash sum in the required security amount into an escrow account with a responsible financial institution authorized to do such business in Alaska. The applicant shall provide an escrow agreement to the Borough that includes the following terms: the funds shall be held in trust until released by the Borough; the funds may not be used or pledged as other security; and the funds shall be available to the Borough for any costs incurred for reconstruction or repair of any road failures, defects, or deficiencies that occur during the warranty period. A letter of credit in the required security amount from a bank or other responsible financial institution authorized to do such business in Alaska and acceptable to the borough finance director that is irrevocable until the Borough authorizes the revocation and guarantees the creditor shall pay to the Borough immediately and without further action the funds necessary for reconstruction or repair of any road failures, defects, or deficiencies that occurred during the warranty period. Warranty Period. During the warranty period the applicant for road maintenance shall be responsible for all required road repairs, improvements, or reconstruction as long as the need for such repairs, improvements, or reconstruction was not caused solely by RSA maintenance activities. If the applicant for maintenance fails to make sufficient repairs, improvements, or reconstruction in a reasonable amount of time as Page 168 of 245 determined by the RSA director, the RSA or its agent may do the required work at the applicant's expense and may bill the applicant or apply funds securing the warranty to pay for the work. E. End of Warranty Period. The RSA shall inspect the applicant's road(s) at the end of the warranty period. All deficiencies except those caused solely by borough maintenance activities must be corrected prior to the release of any warranty security. 1. 0 F. If the final inspection reveals the road is sufficient, the borough shall release any and all remaining securities to the applicant. If the road is insufficient, the applicant shall be provided an opportunity to correct any and all deficiencies at the applicant's cost within a reasonable time as prescribed by the RSA director. If the applicant does not correct all deficiencies within the prescribed time, the RSA or its agent may do the required work and secure immediate payment from the security to pay for any repair, improvement, or reconstruction costs in addition to any other remedies that might be available to the borough for the applicant's breach of warranty. Other Remedies Not Excluded. Nothing in this section shall preclude the Borough from recovering additional costs to complete road improvements if the security is not sufficient. G. Implementation. The road service area board may by resolution adopt policies and procedures to implement these provisions. H. Road Improvement Assessment Districts (RIADs). RIADs are exempt from KPB 14.06.140 warranty and security requirements. (Ord. No. 2008- 05(S), § 1, 5 -6 -08) 14.06.150. Road construction standards — Typical section materials. A. Embankment Material. Embankment material shall contain no muck, frozen materials, roots, sod, or other deleterious matter. It shall have a liquid limit not greater than 25 and plasticity index not greater than six as determined by AASHTO T89 and T90. Page 169 of 245 J C. Type III shall be crushed aggregate material with at least 50 percent of the coarse aggregate having at least one fresh mechanically fractured face and graded within the limits of the Category IV Road Table. Geotextile Fabric. Geotextile fabric shall meet or exceed the following physical and ..J- 11tvU110111 al ,c aaucn,cnw. Geotextile Property Test Method Required Minimum Grab Tensile Strength 190 lbs. Grab Elongation ASTM D 1682 30% Burst Strength ASTM D 751 290 psi Trapezoidal Tear Strength ASTM D 117 50 lbs. Permeability AASHTO M 288 K (soil) Geotextile shall be installed in accordance with manufacturer's recommendations. If multiple sections of fabric are required, the fabric shall be joined by overlapping adjacent sections a minimum of three feet. (Ord. No. 2008 -05(S), § 1, 5 -6 -08) 14.06.160. Road construction standards— Alignment. -e A. I C. Vertical alignment. Roads shall be constructed in a manner such that grades shall not exceed, at any point, six percent on arterial roads and ten percent on all other roads, and no more than four percent within 100 feet of any intersection. Horizontal alignment. Horizontal alignment shall meet the requirements of KPB 20.20.120, 20.20.130, and 20.20.140. Roads shall be constructed along the centerline of the right -of -way and shall have curves meeting the minimum radius requirements of not less than 300 feet for rights -of -way 100 feet in width or more, and not less than 200 feet on all other roads. Clear zone. There shall be a roadside clear of hazardous objects or conditions for a distance consistent with the speed, traffic volume, and geometric conditions of the site. Roads shall be constructed with a minimum clear zone of 6.5 feet. Where hazardous physical features exist which cannot be located outside the clear zone, alternative treatments such as guardrails may be required. Page 170 of 245 D. Turnarounds. Roads designed to have one end closed, either permanently or temporarily, shall be constructed with a suitable turnaround with a minimum radius of 30 feet. Dedicated cul-de -sacs shall be constructed with a minimum radius of 35 feet. E. The turnaround shall be constructed to a four percent grade or less. Intersections. Road intersections shall be constructed as nearly at right angles as possible. A minimum unobstructed sight distance of 150 feet shall be provided unless a finding is made by the RSA board, prior to construction, that a lesser distance is appropriate due to topography, traffic flow, or other physical characteristics. Appropriate warning signs may be required by the RSA board if an exception to sight distance is granted. Road intersections shall be constructed with a minimum return radius of 20 feet. Where acute intersections are provided, return radii shall be increased appropriately. F. Driveways. Driveways shall be spaced as far apart from other driveways and intersections as practical to avoid interference with ditch drainage. (Ord. No. 2008 -05(S), § 1, 5 -6-08) 14.06.170. Road construction standards — Drainage and culvert material. Roads shall be constructed to prevent ponding of runoff waters in roadside ditches. Drainage ditches shall be constructed such that runoff waters will be conveyed to natural drainage courses, ditches or waterways, or other man -made drainage courses. Outfalls shall be constructed to prevent excessive siltation of riparian habitats, channel erosion, or other damage to public or private property. The RSA board may require an engineering analysis and design for locations susceptible to flooding, siltation, or other natural conditions potentially damaging to the right -of -way, adjacent property, or water courses and water bodies. Pursuant to KPB 14.06.100, the board shall require this engineering analysis and design in the SMFDA and FIRM area. A roadway cross culvert shall be a minimum diameter of 18 inches, and with at least a one percent drainage grade through the culvert, and driveway culverts shall be a minimum of 15 inches and 30 feet in length. Culverts, coupling bands and special sections shall be corrugated steel pipe of at least 16 gauge. Plastic culverts are acceptable for driveway culverts only, if they meet AASHTO Standard Section 706 -2.07 corrugated polyethylene pipe, AASHTO M 294, Type S. AASHTO cross culvert markers must be installed. (Ord. No. 2009 -29, § 2, 6- 16 -09, Ord. No. 2008- 05(S), § 1, 5 -6 -08) Page 171 of 245 14.06.180. Road construction standards — Structures /bridges... FA 10 Plans, prepared and stamped by a licensed civil engineer, shall be submitted to the RSA board prior to construction or acceptance of the road for maintenance if the road contains a bridge, bottomless culvert, guardrail, retaining wall, or other similar structure. An engineered report must also be submitted once the construction is complete. The engineered report must document or certify compliance with all relevant state and federal requirements. Bridges, bottomless culverts, walls, and other structures on roads certified for borough maintenance shall be in accordance with the current "Standard Specifications for Highway Bridges" and in accordance with the "Policy on Geometric Design of Highways and Streets." (Ord. No. 2008- 05(S), § 1, 5 -6 -08) 14.06.190. Airparks. No roads within or directly adjacent to an airpark will be certified for maintenance where aircraft will utilize, or interfere with vehicular use of, the roadway. (Ord. No. 2008- 05(S), § a, 5 -6-08) 14.06.200. Road construction standards — Signs. Z M A A General information. Sign location, type of installation, and sign removal will be as designated by the RSA director consistent with these standards and RSA board policy. Street name signs. Street name signage shall be installed by developers of new roads, following the specifications set forth in the "Alaska Sign Design Specifications." Speed signs. Speed signage and parking signage shall comply with the requirements of KPB 12.02 and KPB 14.40, respectively, and RSA board policy. D. Unauthorized signage. Unauthorized signs located in the Kenai Peninsula Borough right -of -way may be removed by the RSA. E. Vandalism. The removal, defacing, and or destruction of RSA signs will be punished to the fullest extent of the law. Page 172 of 245 (Ord. No. 2008 -05(S), § 1, 5-6 -08) 14.06.210. Road construction standards — Paving specifications. A. Description. The RSA board will only certify roads containing asphalt concrete Pavement on a prepared base if designed and stamped by a licensed civil engineer. The work under this section consists of the performance of all work required for the construction of asphalt concrete pavement on a prepared base (as shown in the Paved Road Typical Section drawing and associated Paved Road Table). Current editions of "Standard Specifications for Highway Construction," as adopted by the Alaska Department of Transportation and Public Facilities and the "Standard Specifications for Streets, Drainage, and Utilities," as adopted by the Municipality of B. Anchorage will be the references used for asphalt concrete paving. Material and testing. The RSA requires the asphalt pavement mix design be submitted and stamped by an Alaska licensed civil engineer or prepared and approved by the Alaska Department of Transportation. Process quality control records for aggregate shall be submitted with the asphalt pavement mix design. The project engineer must provide a certified as -built drawing or a detailed report certifying that the road has been constructed to RSA standards. This report must include photos, sieve analysis of materials used, field inspection reports, compaction test results, and other inclusions the RSA may request. The asphalt required by these specifications shall conform to the requirements of The Asphalt Institute for the type and grade and shall comply with ADOT/PF specifications used in the area. C. Crushed aggregate based coarse, D -1, shall comply with ADOT /PF specifications. Two -foot compacted shoulders are required. D. The prepared base shall, at a minimum, meet the standards for a Category III road. E. Inspection of the subgrade by the design engineer is required prior to paving. The contractor shall submit a certified analysis of the asphalt to the RSA for review and approval by the RSA director. The RSA reserves the right to make check tests of the asphalt at the project site, and, if the asphalt is not in accordance with the certified analysis, the road will be rejected for certification. F. The contractor or developer, at their own expense, will be required to perform field tests measuring aggregate gradation and fracture, asphalt content, and compaction. Test results shall be in conformance with pavement mix design requirements and shall be stamped by an Alaska licensed civil engineer. Page 173 of 245 G. other specifications. The RSA will use the current editions of Standard Specifications for Highway Construction," as adopted by the Alaska Department of Transportation and Public Facilities and the "Standard Specifications for Streets, Drainage, and Utilities," as adopted by the Municipality of Anchorage to address seal coat, prime coat, paving geotextile, recycled asphalt paving, and other specifications required to assure the RSA the road meets all quality control measures. PAVED ROAD TYPICAL SECTION RIGHT OF LIMITS OF CLEARO �1 ts. Hlh PRSEE SEE ?SEE TYPE It GECTEXTILE. IF REQUIRED TYPE I S==ECTION 14.0E.100.244 TYPE r NOTES T. hC. PAVEMENT ANG D.1 CRUSHED AGGREGATE S:+�LL BE COMPACTED TO 46% OF V WMUh1 DENSITY, 2. FINISH BLADE 0.1 CRUEhEO AGGREGATE TO MATCH EDGE OF PAVEMENT. 3, A L' SEPARATION 15 RECJ,RE:� EE'WEEN EDGE OF PAVEMENT AND PREPARED ROR.D BASE a GRUBBING. MIN. All PA,. _UE NT SHED 0 -1 TAB LE A Type I CATEGORY PAVEMENT BASE OF ROAD WIDTH W107M 28' 24 II '-D, Z :II 22' =" IV — Requirements for Embankment Material Percent Passing by Weight Paved Road Table Sieve Designation Type I Type II Type III" 4 inch 95 -100 — — 2 inch 85 -100 100 100 1 inch — 95 -100 No.4 30 -60 30 -65 40-75 No. 16 — 20 -43 No. 200 0 -6 6 -10 4 -10 Page 174 of 245 'Type III relates to Category IV Gravel Roads: Typical Section (Ord. No. 2008- 05(S), § i, 5 -6 -08) 14.06.220. Road construction standards —Fee schedule. li? The RSA board may establish a fee schedule to recover costs related to road standard implementation or inspection. (Ord. No. 2008.05(S), § 1, 5 -6-08) 14.06.230. Road construction standards — Exceptions.' A. Standards. Prior to acceptance, the RSA board may make an exception to the standard requirements under any one of the following conditions: 1. Compliance with the standard is not economically feasible considering topography, location, and width of right -of -way; traffic volume; traffic flow; or other physical characteristics; 2. The applicant did not cause the condition upon which the request for the exception is based; 3. Substantial compliance with the standards is the most practical means of meeting the objectives of KPB 14.06, and strict compliance would result in rejection of the road for borough maintenance; or 4. Alternate treatments or conditions, if required by the RSA board, will bring the road into substantial compliance with these standards. A Board action. The burden is on the applicant to meet at least one of the above factors and demonstrate to the RSA board that granting the exception will not undermine the objectives of the standards. The board may deny, modify, or grant the requested exception. (Ord. No. 2008- 05(S), § 1, 5 -6 -08) 14.06.240. Road decertification. A. Authority. Roads may be decertified for maintenance by the Borough as provided in this section. Page 175 of 245 F-1 Procedure. Any road decertification must comply with the following procedures: 1. Staff recommendation. The RSA director shall make a written recommendation to the RSA board with findings based on the standards set forth in KPB 14,06.240(C) and (D). 2. 3. 4. 5. Notice and hearing. A public hearing shall be held before the RSA board regarding decertification. Notice of the hearing shall be published once a week for four consecutive weeks prior to hearing with the last publication appearing within 14 days before the hearing date. A notice of the decertification hearing shall also be posted for a four -week period prior to the date of the first hearing at the beginning and ending points of the road proposed for decertification. Both posted and written notices shall invite public comment, state the name and phone number of a contact person regarding decertification information, state the date, place, and time of the public hearing, and a deadline for the submittal of written comments. Board action. If the RSA board finds that the proposed road meets the decertification standards set forth in KPB 14.06.240(C) and (D), and there has been no written objection to the decertification, it shall recommend decertification by resolution to the assembly. If written comment is received objecting to decertification, the RSA board shall not recommend decertification at this time, but shall require the RSA director to explore options to bring the road to Borough standards. Decertification alternatives. The RSA director or his designee may meet with property owners to discuss the necessary upgrades to avoid decertification. A special assessment district may be considered pursuant to KPB 14.31. The Borough may engage in cooperative efforts to the extent allowed by law with property owners to upgrade roads where property owners contribute material, equipment, professional services, and right -of -way for the project. The RSA director shall report at a subsequent meeting of the RSA board what efforts have been made to bring the road to RSA maintenance standards and if there are feasible alternatives to decertification. If the RSA board finds that there is no viable option presented for bringing the road to borough standards, the RSA board, by resolution, shall recommend to the assembly decertification of the road. Page 176 of 245 L4 a Decertification withdrawal. If the road has been brought to borough standards or the RSA director determines that a viable plan for bringing the road to borough standards has been proposed prior to the assembly hearing regarding decertification, the RSA director may withdraw the proposed decertification recommendation from assembly consideration. 6. 7. [1 Assembly — Hearing required. A public hearing shall be held before the assembly regarding decertification in conjunction with consideration of a decertification resolution. Notice of the public hearing shall be published in a newspaper of general circulation once a week during each of the two calendar weeks prior to the hearing. Assembly action. If the assembly finds that the road is eligible for decertification based on KPB 14.06.240(C) and (D), the assembly shall decertify the road. If the decertification resolution is adopted by the assembly between September 15 and May 15, the decertification shall not be effective until on or after May 15, unless the road has not received maintenance within five years prior to assembly decertification. Signage. Decertification shall not be effective until signage has been placed regarding discontinued maintenance if the road has received maintenance within five years prior to the assembly resolution. Dwellings standards. No road shall be decertified which provides the only vehicular access to dwellings. Dwellings are structures currently habitable by human beings, either for residential or recreational purposes. Additional standards. The following standards support, but each alone does not require, decertification: 1. 2. Safety. The RSA will review whether maintenance can provide adequate grade, width for travel, room for snow removal, adequate sight distances and clear zone, and prevent accumulation of water and snow in the traveled right - of -way. The potential for accidents because of inadequate road design or inability to maintain the road to a safe standard on a regular basis shall be considered in a decertification determination. Road condition. Whether the types of road material, soils, terrain, road surface, and width of right -of -way do not meet borough road standards shall be considered in a decertification determination. Page 177 of 245 3. Drainage problems. Whether a road has inadequate ditching, culverts, and drainage causing water to accumulate on the road surface or which undermines the road bed shall be considered in a decertification determination. 4. Access. Whether roads are outside a dedicated right -of -way and whether substandard roads on the maintenance system are accessed by a state- or Borough- maintained road shall be considered in a decertification determination. 5. Snow storage. Whether snow easements or places to store snow are inadequate to maintain sufficient travel width and vision shall be considered in a decertification determination. 6. Funding. Excessive cost of maintaining a particular substandard road shall be considered in a decertification determination. 7. Prior maintenance. Whether the road has ever received either summer or winter maintenance shall be considered in a decertification determination. E. Vacations. Notwithstanding KPB 14.06.240(B), a road that is vacated through the process set forth in KPB 20.28 shall be decertified for maintenance by resolution of the RSA board. F. Alternate route. Notwithstanding KPB 14.06.24 (B), any portion of a road that has been maintained outside of dedicated right -of -way may be decertified for maintenance by resolution of the RSA board where the travel surface has been moved into the right -of -way and the new travel surface is certified for maintenance by the Borough. Every decertification approved by the RSA board under this subsection shall be submitted to the assembly for consideration. The assembly shall have 45 days from the date of the RSA board decertification resolution to veto decertification of a road under this subsection. (Ord. No. 2008- 05(S), § 1, 5 -6 -08) Page 178 of 245 14.06.250. Road construction standards — Definitions. For purposes of this chapter, the following definitions apply: "AASHTO" means "American Association of State Highway and Transportation Officials." "Arterial road" means a road intended to carry traffic from local and subdivision roads to major highways. Such roads primarily accommodate relatively large volumes of traffic for relatively long distances at relatively high speeds. "Collector road" means roads which provide both land access and carry traffic from local or subdivision roads to arterial or major highway systems. "Construction" means physical activity by the applicant using labor, materials or equipment within the right -of -way beginning with clearing and grubbing and ending with certification for maintenance by RSA. 74 Classification" means (a) all silts including sandy silts; (b) very fine silty sands containing more than 15 percent finer than 0.02 mm. by weight; (c) clays with plasticity indexes of less than 12; (d) varved clays existing with nonuniform subgrade conditions. "Habitable" means adequate permanent shelter from the elements such as rain, wind, snow, and sun, the condition of which must be free of serious defects that might harm health and safety. "Level terrain" means when the topography adjacent to the right -of -way slopes less than 3 percent. "Licensed Civil Engineer" means a Registered Professional Engineer, licensed to practice Civil Engineering by the State of Alaska, in accordance with AS 08.48 and 12 AAC 36. "Local roads" means internal subdivision roads or a road designed and intended to serve local areas. Such roads primarily accommodate land access to abutting property. Local roads feed traffic into collector and arterial street systems. "Motor vehicle" means a vehicle which is self - propelled except a vehicle manned by human or animal power. "Peatland" means wetlands containing at least one foot of substantial peat accumulation. Page 179 of 245 "Road construction standards" or "road standards" means the minimal standards set forth in this chapter for the purposes of certification for RSA road maintenance. "Subcollector road" means a local road which also provides through traffic service between local roads and collector, arterial, or major highway roads. 'Type IV material' is materials consisting of earth, sand, rock, or combinations thereof containing no muck, peat, frozen material, roots, sod, or other deleterious matter and is compactible. (Ord. No. 2008- 05(S), § 1, 5 -6 -08) FOOTNOTE(S): - -- (2) — Editor's note— Ord. No. 2008- 05(S), § 1, adopted May 6, 2008, amended Ch. 14.06, in its entirety, to read as herein set out. Prior to inclusion of said ordinance. Ch. 14.06 pertained to similar subject matter. See also the Ordinance List and Disposition Table. LgggkI Page 180 of 245 Suggested by: Planning & Zoning Commission CITY OF KENAI RESOLUTION NO. 2013 -56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOMMENDING THAT TUSTUMENA STREET BE RENAMED TO MUDHEN DRIVE. WHEREAS, Kenai Municipal Code 14.15.140 authorizes the Council of the City of Kenai to name and rename streets within city limits upon recommendation of the Planning and Zoning Commission and after consulting with the Kenai Peninsula Borough and any other affected municipality; and, WHEREAS, the Kenai Peninsula Borough has requested the City to rename Tustumena Street in Kenai because there are two (2) Tustumena Streets in the emergency service network service area, which presents a potential life safety issue with the Kenai Peninsula Boroughs E911 system; and, WHEREAS, two (2) other Tustumena Streets have already recently been renamed throughout the Borough; and, WHEREAS, the Planning & Zoning Commission at its meeting on June 26, 2013, recommended that Tustumena Street be renamed to Mudhen Drive; and, WHEREAS, the Kenai Peninsula Borough Administration has approved the name change; and, WHEREAS, the name change has no affect on other municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1. That Tustumena Street is renamed to Mudhen Drive. Section 2. That this name change shall be forwarded to the Kenai Peninsula Borough. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 31d day of July, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 181 of 245 "vjlja9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 NVI Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 111p 1992 MEMO: TO: Rick Koch, City Manager FROM: Nancy Carver, Acting City Planner DATE: June 27, 2013 SUBJECT: Resolution 2013 -56 - Street Name Recommendation At their meeting on June 26th, the Planning & Zoning Commission passed Resolution PZ 13 -16 recommending the Kenai City Council rename Tustumena Street to Mudhen Drive, Kenai Municipal Code 14.15.140 authorizes the Kenai City Council to name streets within the City upon recommendation of the Planning and Zoning Commission. On March 12, 2013, the Kenai Peninsula Borough E911 Addressing Officer requested the City rename Tustumena Street in Kenai because it is an undeveloped right -of -way. The Borough had four (4) streets in the Borough's ESN service area named Tustumena. The Borough has renamed two (2) of the streets. The Commission was concerned with setting a precedence in changing the name, but concurred that duplicate street names could present a potential life safety issue with the Borough's E911 system. After several meetings, the Commission voted (4 -1) to change the name of Tustumena Street to Mudhen Drive. The Borough Administration has notified the City the approved name and meets NENA standards (National Emergency Numbering Association). As prescribed in KMC 14.15.140, that recommendation is being forwarded to City Council for their consideration. Page 182 of 245 CITY OF ICENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ13 -16 Suggested by: Administration A RESOLUTION OF THE PLANNING & ZONING COMMISSION, RECOMMENDING THE COUNCIL OF THE CITY OF KENAI RENAME TUSTUMENA STREET. WHEREAS, Section 14.15.140 of the Kenai Municipal Code authorizes the Council of the City of Kenai to name and rename streets within city limits upon recommendation of the Planning and Zoning Commission and after consulting with the Kenai Peninsula Borough and any other affected municipality; and, WHEREAS, the Kenai Peninsula Borough has renamed two of the four streets in the Borough named "Tustumena "; and, WHEREAS, the Kenai Peninsula Borough has requested the City to rename Tustumena Street in the City; and, WHEREAS, the Planning & Zoning Administration at its meeting on June 26, 2013, recommended that Tustumena Street be renamed. WHEREAS, the Kenai Peninsula Borough Street Addressing Officer has approved the following street name change: CURRENT NAME RECOMMENDED OFFICIAL NAME Tustumena Street Mudhen Drive NOW, THEREFORE, THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA RECOMMENDS THE OFFICIAL STREET NAME MUDREN DRIVE BE ADOPTED BY THE COUNCIL OF THE CITY OF KENAI. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 26s' day of June 2013. Page 183 of 245 Introduced/ Postponed: 4/10/2013 Discussion/ Postponed: 4/24/2013 Discussion/ Postponed: 5/8/2013 Discussion: 6/12/2013 Approved: 6/26 /2013 "village with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1III�1 1992 MEMO* TO: Planning & Zoning Commission FROM: Nancy Carver, Acting City Planner DATE: June 14, 2013 SUBJECT: PZ13 -16 — Resolution Recommending Street Name At your June 12, 2013 Commission meeting the Commission recommended Tustumena be replaced with "Mudhen ". Administration contacted the Borough Addressing Officer for approval of the name "Mudhen ". Mudhen does not meet the Borough code requirements, but is preferred over Tustumena. The suffix will need to be changed from Street to Drive. The new name would then be "Mudhen Drive." The original request to change the name of Tustumena Street was sent to the City on March 12, 2013. Since that time, the Commission has been trying to find names that would meet approval of the Borough. When the original request was submitted there were four (4) roads within the Borough with the street name of Tustumena. At your June 12"' meeting, Commission Knackstedt notified the Commission that two (2) of the streets had already been renamed leaving Tustumena Street in Kenai and the other Tustumena Lake Road in Kasilof (off Coho Loop). Attached are two (2) maps one is the ESN Service location map and the other shows the location and the approximate distance between the two (2) streets with the name Tustumena. The Commission can do the following: ➢ Take no action Y Recommend approval of PZ13 -16 How would the Commission like to proceed? Page 184 of 245 Q nlrrc� Ke, 4 E M 0 T E 5A.4A:MA Legend OCommunities K E. N "A' I ESZ ESN 101 201 202 r II© G E W A Y 203 I( 301 REM 302 O T E I ® 303 401 451 501 - 601 P U N 651 701 i 751 �! 752 . - 753 r REMOTE 801 826 851 fI 852 C qm, E 901 999 Page 185 of 245 1 Length;,2P mi I i Cin C Ch i KPB Parcel Viewer -� Printed: Jun 14, 2013 KENAI CITY COUNCIL — REGULAR MEETING JUNE 19, 2013 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 httD://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 June 19, 2013, 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 Allegian 2. Roll Call There were present: O Pat Porter, May Mike Boyle Tim Navarre Brian Gabriel comprising a qu Also in attendan Rick Koch, City I Sandra Modigh, Scott Bloom, Cib Corene Hall, Del 3. Agenda Approval :e Mayor Mayor Porter requested the following additions and changes to the agenda ADD:G -9 'Introduction of Ordinance No. 2711 -2013: Appropriating $370,590 in the Airport Fund and City Shop Construction Capital Project Fund, All for the New City Shop Construction Project. ADD TO: D -2: Substitute Ordinance No. 2706 -2013 D -1: Appendix IV and Proposed Substitute Appendix IV D -7 through D -11: Information Items on Charter Revision Commissions Correspondence from Carol Freas Page 187 of 245 MOTION: Council Member Molloy MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Vice Mayor Marquis MOVED to approve the consent agenda 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. VOTE: There being no objections, SO ORDERED.... `All items listed with an asterisk ( ") are considered to routine and controversial by the council and will be approved by one motion. T ere wil- no separate discussion of these items unless a council member so reques which case the item will be removed from the consent agenda and c_ nsidere n its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMN�E_NTS �V C. UNSCHEDULED PUBL OM ENTS 'None. D. PUBLIC HEARINGS 1. Ordinance i. 2704- 13 Amending KMC 13.40.040 to Provide for a Seasonal Sp ed Limit of wenty (20) Miles Per Hour While Driving Motorized Vehicles on a itain Port* of the North Shore Public Beach. [Clerk's Note: Ordinance No. 4!013 was postponed from the June 5, 2013 Council Meeting and the motion to enact is on the floor.] MOTION TO AMEND: Council Member Gabriel MOVED to amend Ordinance No. 2704 -2013 by adding the following after "Appendix IV of this chapter" -- "Vehicles engaged in commercial activities shall be exempt." Council Member Bookey SECONDED the motion. June 19,2013 VOTE ON AMENDMENT: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: AMENDMENT PASSED UNANIMOUSLY. Page 188 of 245 June 19, 2013 MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2704 -2013 by proposed substitute Appendix IV map. Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Boyle, Gabriel, Molloy, Navarre, Porter NAY: Marquis AMENDMENT PASSED. MOTION TO SUSPEND THE RULES: Vice Mayor Marquis MOVED to suspend the rules and allow f public comment and Council Member Gabriel SECONDED the motion. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Na v Porter NAY: MOTION PASSED. Mayor Porter opened the meeting to publicIthAMA, Jim Butler, 1711 Kaknu — Mr. There being no one else wishir MOTION TO AMEN Council Member Na re MO% striking 'one" and inse "thr( VOTE ON AMENDMENT: the ordinance. hearing was closed. amend Ordinance No. 2704 -2013 in Section 4 by )uncil Member Gabriel SECONDED the motion. YEA: Bookey, Gabriel, Marquis, Navarre, Porter NAY: Boyle, Molloy AMENDMENT PASSED. Council Members Gabriel, Bookey, Navarre and Marquis spoke in opposition to the ordinance. Council Members Boyle and Molloy spoke in favor of the ordinance. VOTE ON MAIN MOTION AS AMENDED: YEA: Boyle, Molloy NAY: Bookey, Gabriel, Marquis, Navarre, Porter Page 189 of 245 15 MOTION TO SUSPEND THE RULES: Council Member Bookey MOVED to suspend the rules to address Resolution No. 2013- 45 as the next item of business and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 13. Resolution No. 2013 -45 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Adopted During the FY2014 Budget Process to Increase Monthly Rental Rates at Vintage Pointe, for New Rental Agreements and Make Housekeeping Changes. MOTION: Council Member Bookey MOVED to adopt Resolution Nof 2013 -45, Amending its Comprehensive Schedule of Rates, Charges, and Fees to [ rate Changes Adopted During the FY2014 Budget Process to Increase Monthly ntal Rs at Vintage Pointe, for New Rental Agreements and Make Housekeepin anges. Co`y hail Member Molloy SECONDED the motion and requested UNANIMO COI NT. Mayor Porter opened the meeting to public ment. N Patricia Bravo, Vintage Pointe tenant — Ms ra ed raising the rents to market value for current residents. Steve Hillyer, Vintage Poin na yer spoke against current residents having to pay market value if the ged apartments. There being no one wishing pe , the public hearing was closed. Council took a brief at eat 7� MOTION TO AMEND: Council Member Navarre MOVED to amend Resolution No. 2013 -45 by striking "for units with rental agreements dated before June 30, 2013" and inserting "for tenants with residence in Vintage Pointe prior to June 30, 2013." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Navarre, Porter NAY: Bookey, Gabriel, Marquis AMENDMENT PASSED. page 4 of 15 City of Kenai Council Meeting Minutes June 19, 2013 Page 190 of 245 VOTE ON MAIN MOTION AS AMENDED: YEA: Bookey, Gabriel, Marquis, Navarre, Porter NAY: Boyle, Molloy MOTION PASSED. BREAK: 7:57 P.M. BACK TO ORDER: 8:01 P.M. 2. Ordinance No. 2706 -2013 — Accepting and Appropriating Grants in the Amount of $375,000 from the Federal Aviation Administration and $12,500 from the State of Alaska in the Airport Improvement Capital Project Fund and Appropriating $12,500 in the Airport and Airport Improvements Capital pFoject Fund, All for the Obstruction Tree Removal Project. MOTION: Council Member Bookey MOVED to enact 1 Appropriating Grants in the Amount of Administration and $12,500 from the State of Project Fund and Appropriating $12,500 in Project Fund, All for the Obstruction Tree SECONDED the motion. Mayor Porter opened the floor was closed. , MOTION TO AMEND: Council Member Bo _ y MOV�p to and Council Member ahriPi -Qg=r' nu VOTE ON ,,2106- 2013; Accepting and i6 the Federal Aviation Airport Improvement Capital tirport Improvements Capital t, Council Member Gabriel there being none public comment nd Ordinance No. 2706 -2013 by substitution the motion. YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: AMENDMENT PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2707 -2013 — Accepting and Appropriating a Grant in the Amount Of $90,000 from the State of Alaska for the Public Safety Capital Project Fund. „ity of Kenai Council Meeting Minutes June 19, 2013 Page 5 of 15 Page 191 of 245 MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2707 -2013, Accepting and Appropriating a Grant in the Amount of $90,000 from the State of Alaska for the Public Safety Capital Project Fund. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2708 -2013 — Accepting and Appropr I a Grant in the Amount of $2,500,000 from the State of Alaska for the W er a .Sewer Capital Project Fund. MOTION: Council Member Molloy MOVED to enact Appropriating a Grant in the Amount of $r Water and Sewer Capital Project Fund. Via Mayor Porter opened the floor fo pub IG Gorr was closed. VOTE: YEA: Bookey NAY: MOTION PASSED 2708 -2013, Accepting and he State of Alaska for the SECONDED the motion. there being none public comment Navarre, Porter 5. Ordinance No. 2709-20113 — Accepting and Appropriating a Grant in the Amount of $110,000 from the State of Alaska for the Public Safety Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2709 -2013, Accepting and Appropriating a Grant in the Amount of $110,000 from the State of Alaska for the Public Safety Capital Project Fund. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. City Manager Koch thanked Representatives Olsen and Chenault for their work on grants for the City in Ordinances No. 2707, 2709, and 2710 -2013. Page 6 of 15 City of Kenai Council Meeting Minutes June 19, 2013 Page 192 of 245 VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 2710 -2013 — Accepting and Appropriating a Grant in the Amount of $150,000 from the State of Alaska for the Personal Use Fishery Capital Project Fund. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2710 -2013, Accepting and Appropriating a Grant in the Amount of $150,000 from the S to of Alaska for the Personal Use Fishery Capital Project Fund. Council Merr blloy SECONDED the motion. Mayor Porter opened the floor for public commeZt bein g �'�'e public comment was closed. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, NAY: MOTION PASSED U Resolution No. 2013- of the Council of the City of Kenai, Alaska, Providing for the ission to he Qualified Voters of the City of Kenai, at the Regular EJection,of October 1, 2013, the Question of Repealing Section 9- 4, Pardons, �oles an&4pom *nications, of the Charter of the City of Kenai to Remove the wer of this Mayor to Pardon or Parole Persons Convicted of Violating City Chatter or Ordinance and to Commute Sentences. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -39, A Resolution of the Council of the City of Kenai, Alaska, Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 1, 2013, the Question of Repealing Section 9 -4, Pardons, Paroles and Communications, of the Charter of the City of Kenai to Remove the Power of the Mayor to Pardon or Parole Persons Convicted of Violating City Charter or Ordinance and to Commute Sentences. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Molloy noted the charter needed to be reviewed and suggested creating a committee to review the charter in its entirety. ,:ity of Kenai Council Meeting Minutes June 19, 2013 Page 7 of 15 Page 193 of 245 Council Members Navarre and Gabriel spoke in favor of the proposed resolutions amending charter and for forming a committee to review the charter. Council Member Boyle spoke in favor of forming a committee. Council Member Bookey spoke against the resolutions and forming a committee. Vice Mayor Marquis spoke in favor of the resolution. VOTE: YEA: Gabriel, Marquis, Navarre, Porter NAY: Bookey, Boyle, Molloy MOTION PASSED. 8. Resolution No. 2013 -40 — A Resolution of the C 'I of the City of Kenai, Alaska, Providing for the Submission to thtua ' Vo of the City of Kenai, at the Regular Election of October 1, 2013stion of ending Section 2- 14. Ordinances: Adoption by Reference, her of th ` >City of Kenai to Remove References to Milk and Milk Prod MOTION: Vice Mayor Marquis MOVED to adopt Council of the City of Kenai, Alask of the City of Kenai, at the ular Amending Section 2 -14. Ordin es: of Kenai to Remove Refe ces it SECONDED the moti ojii Mayor Porter opene floor was closed. to ti 013 -40, A Resolution of the ling he Submission to the Qualified Voters actio f )a October 1, 2013, the Question of Reference, of the Charter of the City and Milk Products. Council Member Gabriel comment, there being none public comment Council Members Boyle and Ivolloy spoke against the resolution. Council Member Navarre spoke in favor of the resolution. VOTE: YEA: Gabriel, Marquis, Navarre, Porter NAY: Bookey, Boyle, Molloy MOTION PASSED. 9. Resolution No. 2013 -41 — A Resolution of the Council of the City of Kenai, Alaska, Providing for the Submission to the Qualified Voters of the City of Kenai, Page 8 of 15 City of Kenai Council Meeting Minutes June 19, 2013 Page 194 of 245 at the Regular Election of October 1, 2013, the Question of Amending Article 10, Elections, of the Charter of the City of Kenai to Provide Designated Seats for Each Council Position and Allow Qualified Voters to Vote in an Election for a Candidate for Each Seat. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -41, A Resolution of the Council of the City of Kenai, Alaska, Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 1, 2013, the Question of Amending Article 10, Elections, of the Charter of the City of Kenai to Provide Designated Seats for Each Council Position and Allow Qualified Voters to Vote in an Election for a Candidate for Each Seat. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there e was closed. �g none public comment � MOTION TO AMEND:' Vice Mayor Marquis MOVED to amend Resolutio o. 2{f13 -41 by requesting the City Clerk correct any gender references and Council errrber Bookey SECONDED the motion. _ City Attorney Bloom noted any changes to th ham rr ee ted to go before the voters. Vice Mayor Marquis withdrew ?Iff renc e of Council Member Bookey. VOTE: YEA: Gabriel, NAY: Bookey, MOTION FAILED. Council Member Boyle requed the City Attorney bring forward a resolution changing all gender references within the City Charter to gender neutral. Vice Mayor Marquis offered to cosponsor the resolution. 10. Resolution No. 2013 -42 — A Resolution of the Council of the City of Kenai, Alaska, Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 1, 2013, the Question of Amending Section 2- 6. Council: Meetings, of the Charter of the City of Kenai to Allow for a Reduced Number of Required Council Meetings and Provide a Means to Cancel Council Meetings. .;iry of Kenai Council Meeting Minutes June 19, 2013 Page 9 of 15 Page 195 of 245 MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -42, A Resolution of the Council of the City of Kenai, Alaska, Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 1, 2013, the Question of Amending Section 2 -6. Council: Meetings, of the Charter of the City of Kenai to Allow for a Reduced Number of Required Council Meetings and Provide a Means to Cancel Council Meetings. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Vice Mayor Marquis and Council Member Molloy spoke against the resolution. Council Member Navarre spoke in favor of the resolution. MOTION TO AMEND: Council Member Boyle MOVED to amend Resolutio o. 2013 -4� der Section 1 by striking "twenty (20)" and inserting "twenty -tw 2)." Council Member Navarre SECONDED the motion. VOTE ON AMENDMENT: YEA: Boyle, Gabriel, Marquis, Navarre, Po NAY: Bookey, Molloy AMENDMENT PASSED. VOTE ON MAIN MOTTO M ED: YEA: Gabriel, Nav r Porter NAY: Bookey, Boyle, rquis, M_,oy MOTION FAILED. City of Kenai L June 19, 2013 11. Resolution No. 2073 -43 — A Resolution of the Council of the City of Kenai, Alaska, Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 1, 2013, the Question of Amending Section 10 -3. Filing, to Remove the Requirement that Candidates for Mayor and Council Provide a Petition Signed by Twenty or More Registered Voters. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2013 -43, A Resolution of the Council of the City of Kenai, Alaska, Providing for the Submission to the Qualified Voters Of the City of Kenai, at the Regular Election of October 1, 2013, the Question of Amending Section 10 -3. Filing, to Remove the Requirement that Candidates for Mayor Page 196 of 245 ,;Ay of Kenai ( June 19, 2013 and Council Provide a Petition Signed by Twenty or More Registered Voters. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Vice Mayor Marquis spoke in opposition to the resolution. Council Members Gabriel and Navarre spoke in favor of the resolution. VOTE: YEA: Gabriel, Navarre, Porter NAY: Bookey, Boyle, Marquis, Molloy MOTION FAILED. 12. Resolution No. 2013 -44 -- Authorizing the City ahVti,to Renew the City's Insurance Coverage with Alaska Public Entity , nsurance,E1) to Commence July 1, 2013 and End June 30, 2014. MOTION: Vice Mayor Marquis MOVED to adopt R(' Manager to Renew the City's Insurance G (APEI) to Commence July 1, 2013 and End CONSENT. Council Member BooJ(6v S-ECC Mayor Porter opened the was closed. City Manager Koch insurance plan. VOTE: There // a No.�13 -44, Authorizing the City 'W_� ,� ska Public Entity Insurance 0, 2014 and requested UNANIMOUS the motion. there being none public comment Eubank and his staff for their work on the SO ORDERED. 14. Resolution No. 2013 -46 — Awarding a Contract to CPD ALASKA, LLC, for Furnishing and Delivering of Diesel Fuel. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -46, Awarding a Contract to CPD ALASKA, LLC, for Furnishing and Delivering of Diesel Fuel and requested UNANIMOUS CONSENT. Council Member Molloy 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. Page 197 of 245 15. Resolution No. 2013 -47 — Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $57,666. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -47, Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $57,666 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. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. 'Regular Meeting of June 5, 2013 Approved by consent agenda. F. G. ESS N ne i' UNFINISHED BUN — o NEW BUSINESS 1. Action /Approval — Bills MOTION: < Council Member Boo Md CONSENT. Council ember h VOTE: There b -a no i 2. Action /Approval — r' MOTION: 5fied the bills and requested UNANIMOUS -D the motion. SO ORDERED. Orders Exceeding $15,000 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 — First Extension to Agreement for Janitorial Services at the Kenai Visitors and Cultural Center between the City of Kenai and Integrity Janitorial, LLC. Approved by consent agenda. Page 12 of 15 City of Kenai Council Meeting Minutes June 19, 2013 Page 198 of 245 4. *Action /Approval — First Extension to Agreement for Janitorial Services at City Hall between the City of Kenai and Integrity Janitorial, LLC. Approved by consent agenda. 5. *Action /Approval — First Extension to Agreement for Janitorial Services at the Kenai Police Department between the City of Kenai and Integrity Janitorial, LLC. Approved by consent agenda. 6. *Action /Approval — First Extension to Agreement for Janitorial Services at the Kenai Community Library between the City of Kenai and Cleanway Janitorial Services. Approved by consent agenda. 7. *Action /Approval — First Extension to Agreement r' /nitorial Services at the Kenai Municipal Airport between the City of Kenai In rjty Janitorial, LLC Approved by consent agenda. 1*1 Action /Approval -- Consent to Sublease an Si je Agreement between the City of Kenai, MITAK, LLC and Pink Co Limlte for Lot 1 and Lot 1 -A Aleyeska Subdivision. MOTION: n Council Member Bookey Agreement between the and Lot 1 -A Aleyeska Sub Marquis SECONDED tbij VOTE: There%wg no 0 )AMP roveghe Consent to Sublease and Sale C and Pink Coyote Limited for Lot 1 requested UNANIMOUS CONSENT. Vice Mayor SO ORDERED. I. Council on Aging —Vice Mayor Marquis reported on the June 13 meeting. 2. Airport Commission — Council Member Gabriel reported on the June 13 work session and meeting. 3. Harbor Commission — Council Member Molloy had no report. 4. Library Commission — Council Member Boyle reported the minutes from the June 4 meeting were in the packet. .;ity of Kenai Council Meeting Minutes June 19, 2013 Page 13 of 15 Page 199 of 245 MOTION: Council Member Molloy MOVED to confirm the mayor's appointment of Sue Carter to the Library Commission. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 5. Parks and Recreation Commission — Council Member Bookey noted there would be a work session on June 20 at 6:00 p.m. and a special meeting following. 6. Planning and Zoning Commission — Council Member Navarre noted the minutes from the June 12 meeting were in the packet. 7. Beautification Committee — Mayor Porter had no 8. Mini -Grant Steering Committee — Mayor 7 and one grant was awarded. REPORT OF THE MAYOR Mayor Porter reported the following: • Met with City Manager Koch • Attended the Kenai Peninsula • Attended the Habits.4 - uman • There would be �xerc se of requested help 1 pla .f a -I J. was on June ound breaking on Second Street. National Guard on August 2 — 4 and 1. City Managd Koch rep rted the following: • Met, enator B ich regarding the Bluff Erosion Project. • Daub ensp �i rails are being laid. • Kenai Centra gh School turf fields are ahead of schedule and under budget. • Construction begins next week in Central Heights. • May be called for Jury Duty in August. • Gave an update on the water shortage. 2. City Attorney — Bloom reported he would be out of the office from June 28 through the following week. 3. City Clerk — Modigh had no report. K. ADDITIONAL PUBLIC COMMENT 1, Citizens Comments — None. Page 14 of 15 City of Kenai Council Meeting Minutes June 19, 2013 Page 200 of 245 June 19, 2013 I Council Comments Council Member Molloy thanked administration for work on the bike paths. Council Member Navarre congratulated Gabriel on being a new grandfather. Mayor Porter thanked everyone for their support while she was in Anchorage for treatment. No other Council Members had comments. L. EXECUTIVE SESSION — None. M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, them n adjourned at 9:30 Min Minutes prepared and submitted by: �4 ,orene Hall, Deputy City Clerk Page 201 of 245 15 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 202 of 245 AGENDA KENAI CITY COUNCIL — SPECIAL MEETING JUNE 24, 2013 6:00 P.M. KENAI CITY COUNCIL CHAMBERS, 210 FIDALGO AVENUE, KENAI, ALASKA, 99611 http://wvvw.ci.kenai.ak.us MINUTES CALL TO ORDER Mayor Porter called the meeting to order at approximately 6:00 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 Ryan Marquis, Vice -Mayor Terry Bookey Robert Molloy Tim Navarre (arrived at 6:07 p.m.) Mike Boyle (departed meeting at 6:05 p.m.) comprising a quorum of the Council. Also in attendance were: Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval MOTION: Vice Mayor Marquis MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no objections, SO ORDERED. PUBLIC COMMENTS There was no one in attendance wishing to speak. City of Kenai Meeting Minutes June 24, 2013 Page 1 of 2 Page 203 of 245 EXECUTIVE SESSION Regarding Subjects That Tend to Prejudice the Reputation and Character of any Person [AS44.62.310(c)(2)] — City Attorney and City Clerk Evaluation. MOTION: Council Member Bookey MOVED to convene in executive session regarding subjects that tend to prejudice the reputation and character of any person [AS44.62.310(c)(2)] to conduct the City Attorney evaluation and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. There were no objections, SO ORDERED. Council Member Navarre entered the meeting and executive session at 6:07 p.m. Council reconvened in open session and Council Member Bookey advised that City Attorney Scott Bloom received a positive evaluation. MOTION: Council Member Bookey MOVED to convene in executive session regarding subjects that tend to prejudice the reputation and character of any person [AS44.62.310(c)(2)] — to conduct the City Clerk evaluation and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. There were no objections, SO ORDERED. Council reconvened in open session and Council Member Bookey advised that City Clerk Sandra Modigh received a positive evaluation. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:21 P.M. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk June 24, 2013 Page 204 of 245 June 26, 2013 AGENDA KENAI CITY COUNCIL — SPECIAL MEETING JUNE 26, 2013 6:00 P.M. KENAI CITY COUNCIL CHAMBERS, 210 FIDALGO AVENUE, KENAI, ALASKA, 99611 http://www.ci.kenai.ak.us MINUTES CALL TO ORDER Mayor Porter called the meeting to order at approximately 6:00 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 (telephonic) Tim Navarre Mike Boyle comprising a quorum of the Council. Also in attendance were: Rick Koch, City Manager Sandra Modigh, City Clerk 3. Agenda Approval MOTION: Ryan Marquis, Vice Mayor Robert Molloy Vice Mayor Marquis MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections, SO ORDERED. PUBLIC COMMENTS There was no one in attendance wishing to speak. Page 205 of 245 EXECUTIVE SESSION Regarding Subjects That Tend to Prejudice the Reputation and Character of any Person [AS44.62.310(c)(2)] —City Manager Evaluation. MOTION: Vice Mayor Marquis MOVED to convene in executive session regarding subjects that tend to prejudice the reputation and character of any person [AS44.62.310(c)(2)] — to conduct the City Manager evaluation and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections, SO ORDERED. Council and the City Manager proceeded into executive session. Council reconvened in open session and Council Member Molloy advised that City Manager Rick Koch received a positive evaluation. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:00 P.M. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk June 26, 2013 Page 206 of 245 z O H a U LL QH K J U z 0 U 0 W W z O U N } O J O � O O L of L O � O a' _z > W O W U� z J W U } 0 O M d U O � O O a} n W m M � (p N N � N J J J Fn ED _Q Q Q J J J U D 7 O O O D. af a J L Y Z J L z u C J Z J a v w z Z 5 d n v Q C) U U a_ w a w Z U) x w IL zl >I Page 207 of 245 C THIS PAGE IS INTENTIONALLY LEFT BLANK Page 208 of 245 i 0 w J n- 0 z ir w a- 0 J Q O x IL IL Q a w o Of O a w J U Z 7 ° cr O > o w w Z ° w x V z Z) LL 2 _a w (1) C M O CD O N u y LLI o _w ° LL Le M to J W O LL CO O g ir 0 LU Z LU O X. W C U) Q J U Z a O O Z > :D J a: W a } J O U LL O K it E! of 245 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 210 of 245 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2712 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT A, KILLEN ESTATES, RICHMOND ADDITION FROM A SPLIT ZONE RURAL RESIDENTIAL (RR) AND SUBURBAN RESIDENTIAL (RS) TO RURAL RESIDENTIAL (RR) ONLY. WHEREAS, this parcel of more than four (4) acres was replatted in 2011, and as result of that platting action a split -zone was created; and, WHEREAS, the property is currently zoned Rural Residential and Suburban Residential; and, WHEREAS, the property owner supports this action to rezone the property initiated by the Planning & Zoning Commission; and, WHEREAS, the rezone to Rural Residential is consistent with the 2003 City of Kenai Comprehensive Plan; and, WHEREAS, on June 26, 2013, the City of Kenai's Planning and Zoning Commission held a public hearing and voted unanimously to the City Council that the property be rezoned to Rural Residential; and, WHEREAS, that City Administration supports this rezone; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to Rural Residential (RR) to allow for full and reasonable property use. Section 1. Form: That this is a Code ordinance. Section 2. That the official Kenai Zoning Map is amended by rezoning a portion of Tract A, Killen Estates, Richmond Addition from a split zone Rural Residential (RR) and Suburban Residential (RS) to Rural Residential (RR) only, as shown on Attachment A. Section 3. That this Ordinance shall be forwarded to the Kenai Peninsula Borough to Amend the Official City's Zoning Map. Section 4. Severabili ty: That 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 Page 211 of 245 Ordinance No. 2712 -2013 Page 2 of 2 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 S. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect August 17, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of July, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 3, 2013 Adopted: July 17, 2013 Effective: August 17, 2013 New Text Underlined; (DELETED TEXT BRACKETED Page 212 of 245 111,1149e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 /FAX: 907 - 283 -3014 tlll1t 1992 MEMO: n TO: Rick Koch, City Manager FROM: Nancy Carver, Acting City Planner DATE: June 27, 2013 SUBJECT: Ordinance No. 2712 -2013 — Rezone Ordinance No. 2712 -2013 is an ordinance amending the official City of Kenai zoning map to rezone the parcel legally described as Tract 2A, Killen Estates, Richmond Addition (733 McKinley Street) from Rural Residential and Suburban Residential (split zone) to Rural Residential. KMC 14.20.270 provides procedures and criteria for an amendment. An application to rezone the property was submitted by Bill Richmond. The property is located at the end of McKinley Street. In 2011, the property owner removed the lot line creating one (1) large parcel. One parcel was zoned Rural Residential and the other was zoned Suburban Residential. Removing the lot line created a split zone. This was missed during the review of the plat. The City tries to eliminate split zones when they are created due to subdivision replats. The development standards are different in each zone, which can cause problems with certain types of development and uses. Based on the size of the lot and on -site utilities, the property mirrors the Rural Residential zone. I reviewed the application and found it met the requirements of KMC 14.20.270. Details of the review are outlined in the body of the ordinance. On June 26th, the Planning & Zoning Commission held a public hearing on the application and voted unanimously to recommend the rezone. As prescribed in KMC 14.20.270, that recommendation is being forwarded to Kenai City Council for their consideration. Page 213 of 245 STAFF REPORT To: Planning & Zoning Commission Date: June 10, 2013 GENERAL INFORMATION Applicant: Bill Richmond 398 -3152 P.O. Box 3152 Kenai, AK 99611 Res: PZ13 -30 Requested Action: Rezone — Split Zone — Suburban Residential & Rural Residential to Rural Residential Legal Description: Tract 2A, Killen Estates, Richmond Addition Street Address: 733 McKinley Street KPB Parcel No.: 04321028 Existing Zoning: Split — Rural Residential (RR) & Suburban Residential (RS) Current Land Use: Single Family Home Land Use Plan: Neighborhood Residential ANALYSIS General Information: This is an application to rezone the property described above as Tract 2A, Killen Estates, Richmond Addition, as shown on Attachment A, from a split zone Rural Residential and Suburban Residential to Rural Residential. There is a single - family structure on the lot. The property is served by onsite water & sewer. Kenai Municipal Code 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary." This property is adjacent to property zoned Rural Residential and Suburban Residential. The lot contains approximately 4.78 acres. The requested rezone meets the criteria for an amendment. The property is located at the end of McKinley Street. This portion of McKinley Street is not maintained. In 2010, to obtain a building permit, the applicant was required to build a single - family driveway. Single family driveways are built to provide developed access to properties and consist of construction of a half street. It was the owners intent to build on one lot, but during the inspection process it was determined the house encroached into the setbacks. Removing the lot line between the two (2) parcels would eliminate the encroachment violation. Page 214 of 245 PZ13 -30- Comments Page 2 In 2011, the property owner removed the lot line creating one (1) large parcel. One parcel was zoned Rural Residential and the other was zoned Suburban Residential. Removing the lot line created a split zone. This was missed during the review of the plat. The City tries to eliminate split zones when they are created due to subdivision replats. The development standards are different in each zone, which can cause problems with certain types of development and uses. Based on the size of the lot and on -site utilities, the property appears to minor the Rural Residential zone. The intent of the Rural Residential zone is, "The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment." "The intent of the RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems." The Comprehensive Plan classifies the area as Neighborhood Residential. "The Neighborhood Residential district consists of single - family and multi - family residential areas that are urban or suburban in character. Typically, public water and sewer services are in place or planned for installation. This land use district may include both single - family and multi- family dwellings subject to reasonable density transitions and/or design compatibility. Formal public outdoor spaces (parks) are a critical feature in this district. Small home -based businesses may be accommodated within certain design guidelines. Neighborhood institutional uses such as churches, schools, and day care facilities maybe intermixed if they comply with neighborhood design guidelines." Building Official No building code issues. RECOMMENDATIONS The proposed rezone meets the requirements of the Kenai Municipal Code. The parcel is accessed off of McKinley Street from Redoubt Avenue. The rezone will enlarge an adjacent boundary, and eliminate a split zone, which can cause problems with certain types of development and uses. Based on the size of the lot and on -site utilities, the property appears to minor the Rural Residential zone. Recommend approval. ATTACHMENTS- 1. Resolution No. PZ13 -30 2. Application 3. Single Family Driveway Permit 4. PZ 11 -17 5. Map Page 215 of 245 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -30 « REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Bill Richmond LEGAL: Tract A Killen Estates Richmond Addition STREET ADDRESS: 733 McKinley Street KPB PARCEL NO.: 04321028 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential & Suburban Residential (Split) 2. The present land use plan designation is Residential 3. The proposed zoning district is Rural Residential 4. The proposed land use plan designation Neighborhood Residential 5. An appropriate public hearing as required was conducted June 26, 2013 6. That the following additional facts have been found to exist: a. The proposed rezone meets the requirements of KMC 14.20.270(2). 7. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of a Tract A, Killen Estates, Richmond Replat is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 26, 2013. CHAIRPERSOI Page 216 of 245 Section 14?0?70 P.menclmeut Procediues governs all), azueJlcbllent to the Kenai ZOl1i g Code and Official Alap PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1L Amendment., to the Kenai Zolwig Code and Official I,lap may be initiated by Kenai Crh' C ".otuicil; Kenai Plaluv]�g and Zonilig Commirzion; Submission of a petition by a majority of the properly owners in the area to be rezoned; or, a petition bearing the signatmes of fifty (50) registered voters wiflrin the Ci of Kenai to amend the ordinance test; or h' , . mbmission of a Petition as provided by the Home Rule Charter of the Cite of Kenai Amendments to the Official Zolumt Map sliall be considered Only if the area to be rezoned containis a miruwutmi of one (1) acre (escludurg sheet or alley tight -ot= way) iudess the amendment eiilarges all, djacent district bocurdary. S'9, "011 Page 217 of 245 3. A Public Notification and Hearing is required before the issuance of tlris permit. A $125 (plus sales tax) non- refiurdable deposit/advertising and adm"ustrative services fee is required to cover these notification costs. Depend"rg on the rezone location, an affidavit of posting "ray also be required. 4 A proposed amenchnent to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous rune (9) months and which was not approved shall not be considered. Petitioner's Signature REZONING CHECKLIST: S'9 "2011 V a. NLAP b. SIGNATURES c DEPOSITiADVERTISING FEE ($125 +sales tax) APPLICATION FORM OR LETTER V e. AFFIDAVIT OF POSTING:, Page 218 of 245 L 2010- 004726_0 L A Recording Dist: 302 - Kenai S 6/14/2010 12:00 pM K pages: 1 of 3 A IIIInIIIIIIIIIIIIIIIIIIiiIIIIIIiIIIIIIIIIIIIIIIII�INInIMiIIIIIIIIBIIIIIII CETY OF KENAI 210 FIDALG® AVENuE KENA,Fa ABA 99611 SHONE.- 9107- 283 -9236 FAX. gog- 2g3_3014 TYPICAL SECTrON FOR A SINGLE FAMILY DWELLEPJr, RYGIOb1 -®F-p Aqr PE118EMI °PO CONSTRUCT & HArNyAEN DRIVEWAY ON PUBLIC RIGHT-OF -WAY' Permittee: -5 /cC Address: Phone Number: Location: �3 Ih �] � 7 Permit No � - • IJ (I I �l l� � / .. _ '--�— Work to be completed by / ` �,� sketch and /or attached plans. The permit will be void if no work k is accomplished by this d tea Any installation without a valid permit will be treated as an encroachment (I<MC 14.20.186) The permittee certifies that this Is the owner, or authorized agent of the property that the conditions, restrictions, and regulations of the City of Kenai will be complied with. Further, the permittee will maintain the driveway in accordance with the provision listed below. The permittee, on signing this permit, hereby acknowledges and agrees to accept the following Provisions: I. All driveway or road approaches constructed under this permit within any rights -of -way shall be the property of the City of Kenai, All costs and liability for maintenance shall be at the sole expense of the owners of those lands served. 2. Such facilities shall be constructed and maintained in such a manner that the street and all its appurtenances or facilities, including, but not limited to, all drainage, culverts, utilities and their safety shall not be impaired or endangered in any way by the construction or y / maintenance of this facility. / :I.vb� 15 -inch culverts are required at all rights -of -ways and Property line Intersections, Page 219 of 245 7/21/09 3. The permittee shall adjust, relocate or remove this improvement without cost or liability to the City of Kenai if, at any time, or from time to time, the use or safety of the street requires this to be done. The permittee shall assume all liability or costs in connection with the improvement and shall hold the City of Kenai or its officers, agents, employees, contractors harmless in any way pertaining to the improvement. 4. The City of Kenai reserves the right to inspect and /or reject materials or workmanship not to City of Kenai standards, to stop work until corrections are made, or to require removal of the improvement and to charge time and equipment to the permittee to correct the Improvement if It fails to comply to the attached City of Kenai Typical Section for a Single Family Dwelling Access Right -of -Way Permit. 5. A copy of this permit must be available for review on -site at all times during construction. 6. The permittee certifies that the minimum clearance between the proposed finished driveway grade and the lowest aerial utility conductor Is in accordance with the requirements of the National Electric Safety Code (Section 23), but in no case is less than eighteen (18) feet. 7. This agreement transfers to any /all future property owners until the road Is acceptable by the City of Kenai for maintenance. 8. The permittee is responsible for obtaining and compliance with all permits required by other local, state and federal agencies. g. The permittee is responsible for the recording of this City of Kenai Typical Section for a Single Family Dwelling Access Right -of -Way Permit, and all fees associated with this recording. A copy of the recorded easement must be returned to the City of Kenai. Permit is not valid until a recorded copy is returned to the City of Kenai. 10. The engineer must submit signed documentation to the City of Kenai verifying the driveway was constructed to the standards of the City of Kenai Typical Section for a Single Family Dwelling Access Right -of -Way permit drawing (attached). I, RIC 4- 2 /��`f/�-icx t✓� , hereby agree to construct my access driveway —located at 733 In 4Le(fA � (attach drawing) to the requirements of the City of Kenai Typical Section for a Single Family Dwelling Access Right -of -Way Permit (attached). The building permit will not be issued until the access driveway is completed and a final inspection Is conducted and approved by an Engineer. Cs Name Date 12 J :�-v c� Approved by Date 7/21/09 Page 220 of 245 �IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIII 2010- 004726 -0 STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of \ being personally known to me or having 209, g prodkced satisfactory evidence of identification, appeared before me and acknowledged the voluntary, nd authorized execution of the foregoing instrument. Notary Pu c for lad MY Commission E 010 Permit granted by: Date: Return to: Nancy Carver City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 use 0 ,7/y �. �Aty • , \,� Title: -?-j b( C A)(if V 3 �I 'IIIIIIIIIIIII�IIIIIIIItlllllll Page 221 of 24 7/21/09 3 of 3 W11UM4726 -0 NELSON ENGINEERING CONSULTING ENGINEERS 155 BIDARKA STREET (907)283.3583 June 14, 2010 .-// Wayne ogle, Public Works Director ,v City of Kenai 110 Adalgo Kenai, Alaska 99611 STRUCTURAL CIVIL ENVIRONMENTAL KENAI. ALASKA 99611 FAX (907) 283-4514 RE: Bill Richmond 733 McKinley Street Driveway in right of way. Dear Mr. Ogle, At the request of Bill Richmond, I inspected the construction of a driveway in the McKinley Street right of way to access Mr. Richmond's property at 733 McKinley Street. The purpose of my inspection was to confirm that the driveway within the right of way is constructed in conformance with the City of Kenai's 'Typical Sections for Single Family Dwelling Access Right of Way Permit' I visited the site prior to construction to review existing drainage patterns. The driveway extends approximately 280 feet south from Redoubt Avenue to Mr. Richmond's property which lies on the west side of McKinley Street. The driveway is built in the west side of the right of way centerline and is 12' wide. There is an existing paved approach at Redoubt Avenue. The area is very Flat and runoff will dissipate by percolation, so the final driveway grade was established approximately 1' above adjoining ground. Ditches were excavated to approximately 2' deep to provide adequate snow storage and room for snowmelt to accumulate off of the road surface. The area had been previously cleared and had a thin layer of gravel. The new driveway was constructed by excavating out the existing gravel surface and approximately 2 feet of unsuitable soils to expose underlying NFS sand. After excavation was complete, NFS gravel was brought in to fill to within 4" of final grade. A final lift of 2" minus non frost susceptible gravel was then placed a finish driving surface. All material was compacted as it was placed. Mr. Richmond's property is accessed via a driveway at the end of the McKinley Street extension. A culvert was placed parallel to McKinley street at the driveway. The final surface was graded and compacted and conforms to the Typical Sections for Single Family Dwelling Access Right of Way Permit.' Preconstruction. Page 222 of 245 Wayne Ogle June 14, 2010 Page 2 of 4 txcavation- Looking South- Right. Excavation - Checking soil strata. NFS. Excavation - Looking south. Page 223 of 245 ✓ 1 After excavation down to NFS sand. Page 223 of 245 Wayne Ogle June 14, 2010 Page 3 of 4 a ♦n.ti � G r u 1 f 1 ti x. rw ri..�.VSU�- fi,J Placing /compacting NFS gravel. Excavation - At South end looking north. Was". Compacted NFS gravel Looking north f Sidewall of excavation -down to NFS Driveway roughed in. Page 224 of 245 Wayne Ogle June 14, 2010 Page 4 of 4 6 /14 /10- Looking south with 2" minus topping. Richmond D/W looking west. Existing Paved Approach at Redoubt. I certify that the driveway was built in compliance with the City of Kenai `Typical Sections for Sinl Family Dwelling Access Right of Way Permit.' g e Signed; -11 T, e� n rw _L_•'•_ CE -S % P(.Wsimsl Page 225 of 245 / y CITY OF KENAI PLANNING AND ZONING COMM] RESOLUTION NO. PZI1 -17 [6rntvnF SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KILLEN ESTATES RICHMOND ADDITION was referred to the City of Kenai Planning and Zoning Commission on May 3. 2011 and received from MCLANE CONSULTING, INC. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR— Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES KILLEN ESTATES RICHMOND ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MAY 25.2011. CHAIRPERS N: �.q4nTl ATTEST t2" Page 226 of 245 PZ13 -30 - Rezone Tract A, Killen Estates, Richmond Addition z W w w W f' 1,11-V^ V on p - ± -- �! ATTACHMENT A Page 227 of 245 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 228 of 245 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2713 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $62,100 FOR THE INSTALLATION OF NEW SIDING ON THE KENAI SENIOR CENTER. WHEREAS, the FY13 Budget included $40,000 for the installation of siding on the Kenai Senior Center; and, WHEREAS, due to unforeseen delays in design and bidding of the project, $37,100 was unspent and the available budget lapsed at June 30, 2013; and, WHEREAS, the current engineers estimate for the project is $65,000 with bid opening scheduled for July 101h and Council award to be requested at the July 17th Council meeting; and, WHEREAS, installation of new siding is projected to significantly reduce the future maintenance cost of the facility; and, WHEREAS, maintaining City facilities in good condition and efforts to reduce future maintenance costs are in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1: Form: That this is a non -code ordinance. Section 2: That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Buildings - Buildings New Text Underlined ; IDELETED TEXT BRACKETED] Page 229 of 245 $62,100 Ordinance No. 2713 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of July, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk �I ' Approved by Finance: Introduced: July 3, 2013 Adopted: July 17, 2013 Effective: July 17, 2013 New Text Underlined; ]DELETED TEXT BRACKETED] Page 230 of 245 "V llaye with a Past, Cia with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 2361 FAX: (907) 283 -3014 tlll�t 1992 �� Ike a'�Yof Z� KENAI, ALASKA MEMORANDUM U TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director DATE: June 26, 2013 SUBJECT: Ordinance 2713 -2013 appropriating money for Senior Center Siding Construction, Rick, The $40,000 appropriated in the Buildings budget for the Senior Center portion of the siding project will lapse June 30. Based on the recently completed design that was unavailable at the time of the FY13 appropriation, I estimate it will require $62,100 (estimated $65,000 less $2,900 already spent on design) to complete this work. e Page 231 of 245 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 232 of 245 COUNCIL ON AGING MEETING JUNE 13, 2013 KENAI SENIOR CENTER 4:30 P.M. CHAIR MARK NECESSARY, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Necessary called the meeting to order at 4:30 p.m. Roll was confirmed as follows: Members present: Chair M. Necessary, J. Hollier, M. Milewski, V. Geller, B. Osborn, L. Nelson, K. Rogers, E. Jones Members absent: L. Flowers Staff /Council Liaison present: Senior Center director R. Craig, oil Member R. Marquis A quorum was present. 2. AGENDA APPROVAL , Senior Center Director Craig reported Ms. for next month. MOTION: Member Osborn MOVED to SECONDED the motion. Tt 3. APPROVAL OF MEI MOTION: Member Geller MOVE a SECONDED the motion. 4. PERSONS SCHEDU emergency and would reschedule amended and Member Rogers SO ORDERED. e meeting summary of May 9 and Member Milewski no objections. SO ORDERED. TO BE HEARD a. Sheila Jaconsen, Adult Protective Services — Overview of Program Removed during the approval of the agenda. 5. UNFINISHED BUSINESS a. FY2014 Budget Craig reported Borough funding was the same as last year and United Way funds were down from last year. 6. NEW BUSINESS Page 233 of 245 a. Surveys for Congregate and Home Meals Craig reviewed the surveys and general discussion occurred. 7. REPORTS a. Senior Center Director — Craig noted the area wide picnic would be June 21 and work was underway on the Senior Center booth for the Fourth of July celebration. b. Council on Aging Chair — No report. C. City Council Liaison — Council Member Marquis reported the FY2014 budget had passed and reported on work for Meeks Trail. 8. NEXT MEETING ATTENDANCE NOTIFICATION — Jul f14, 2013 No members requested an excused absence from the Jul y ng• g. QUESTIONS & COMMENTS — None. 10. PERSONS NOT SCHEDULED TO BE HEA ne. 11. INFORMATION — None. 12. ADJOURNMENT MOTION: Member Holier MOVED to adjou Mem Jones SECONDED the motion. There were no objections. SO ORDE There being no furth usiness b re t e Council, the meeting was adjourned at 5:00 p.m. Meeting summary prepay n mitted by: Lorene Hall, CMC, Deputy City Page 234 of 245 COUNCIL ON AGING MEETING JUNE 13, 2013 PAGE 2 KENAI PARKS & RECREATION COMMISSION SPECIAL MEETING JUNE 20, 2013 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR AL HULL, PRESIDING MEETING SUMMARY CALL TO ORDER & ROLL CALL Chair Hull called the meeting to order at 7:15 p.m. Roll was confirmed as follows: Commissioners present: Chair A. Hull, J. Beeson, R. Tunseth, E. Castillo, Commissioners absent: R. Lambourn (excused), C. Stephens, J. Jackman Staff /Council Liaison present:Parks and Recreation Director B. Frates, Council Member T. Bookey A quorum was present. / 2. AGENDA APPROVAL MOTION: Commissioner Beeson MOVED to approve he -Ape an Commissioner Tunseth SECONDED the motion. There were no obj ctioris> SO ORDERED. 3. NEW BUSINESS f a. Trail Constructi Prior'�tizat�n Frates reported generaLAinu;sron t k. place on trail construction prioritization based on the work session field tr%mat took ace "f re the meeting. Frates reviewed the April 4 recommendations ark" noted ther had been some new suggestions since. The Commission spoke to the value bot van's Cr k Trail North and the Shqui Tsatnu Trail would bring to those areas. MOTION: Commissioner Tunseth MOVED to recommend Shqui Tsatnu Creek Trail and continuation of Ryan's Creek Trail North as priorities, with Shqui Tsatnu Creek Trail being priority #1 with routing of the trail staying near the base of the ravine and up the plateau. Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. 4. PERSONS PRESENT NOT SCHEDULED TO BE HEARD — None. 5. ADJOURNMENT MOTION: Commissioner Beeson MOVED to adjourn and Commissioner Tunseth SECONDED the motion. There were no objections. SO ORDERED. Page 235 of 245 There being no further business before the Commission, the meeting was adjourned at 7:35 p.m. Meeting summary prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk A-, PARKS AND RECREATION COMMISSION SPECIAL MEETING JUNE 20, 2013 PAGE 2 Page 236 of 245 CITY OF KENAI PLANNING & ZONING COMMISSION JUNE 26, 2013 — 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: // Commissioners present: Chair J. Twait, K. Pe zrsol; B. Shiflea,'H Knackstedt, J. Arness Commissioners absent: P. Bryson, C. Smit th g sed) Staff /Council Liaison present: Acting Planner N. Ca 'r,',Ranning Assistant W. Anderson, Deputy City Cierk C. Ha A quorum was present. c. Agenda Approval ; Commissioner Knackstedt requ ted th`e foAoYUidg addition to the packet: ADD TO: 5 -b: PZ13 3.1 Kenai - unicipal Code Section 18.10 — Streets and Drainage MOTION: i Commissioner Knackstedt AV D to approve the agenda and Commissioner Arness SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Shiflea SECONDED the motion. There were no objections. SO ORDERED. e. *Excused Absences ➢ Commissioner Bryson ➢ Commissioner Smith 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 no separate discussion of these items unless a Commission Member so requests, in which case the item will be Page 237 of 245 removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES — June 12, 2013 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT— None. 4. CONSIDERATION OF PLATS — None. 5. PUBLIC HEARINGS a. PZ13 -30 — An application to Rezone Tract A, Killen Estates, Richmond Addition (733 McKinley Street) from Rural Residential and Suburban Residential (split zone RS & RR) to Rural Residential (RR). Application submitted by =6cket, mond, Kenai, Alaska. Acting Planner Carver reviewed the staff report included in recommending approval. MOTION: Commissioner Knackstedt MOVED to approve PZ Killen Estates, Richmond Addition (733 McKinley! Residential (split zone RS & RR) to Rural Residen Richmond, Kenai, Alaska. Commissioner S)QEei Twait read the rules of public no one wishing to speak, the VOTE: YEA: Peterson, NAY: MOTION PASSED Arness application to Rezone Tract A, i Rural Residential and Suburban Application submitted by Bill D the motion. to public comment. There being b. PZ13 -31 — Recommelhding exceptions to the subdivision minimum improvements regulations contained in KMC 14.10.080 for Kee's Tern Subdivision as allowed under KMC 14.10.090. Acting Planner Carver reviewed the staff report included in the packet, recommending denial of the application. MOTION: Commissioner Knackstedt MOVED to approve PZ13 -31 — Recommending exceptions to the subdivision minimum improvements regulations contained in KMC 14.10.080 for Kee's Tern PLANNING AND ZONING COMMISSION MEETING JUNE 26, 2013 PAGE 2 Page 238 of 245 Subdivision as allowed under KMC 14.10.090 with the addition of exhibit A. Commissioner Peterson SECONDED the motion. Twait opened the meeting to public comment. Kathleen Martin, PO Box 521, Cooper Landing, Applicant — Ms. Martin spoke in favor of the resolution. Knackstedt verified that everyone was discussing Exhibit A. Ed Martin, Applicant — Mr. Martin spoke in favor of the resolution. Peterson requested verification there would be no paving. Mr. Martin agreed there would be no paving at the present time. Casey Madden, Project Engineer — Mr. Madden reviewed the r rt in the packet. Rick Koch, City Manager — Mr. Koch reported the develop ted an exemption from the standards the City Code required, and he recommended - ibit There being no one else wishing to speak, the Commissioner Knackstedt noted the compromise that option. The following was added to the resole 1. It is recommended that the Kenai City minimum road improvements requiredioi Variations and exceptions: /, \� I. Exemption of 30 fo t6 26 fy 11. Inclusion of 4 incheD-1 en t VATMA B was reasonable and suggested rave bhe following exceptions to the Su`ivision pursuant to KMC 14.10.090 to shoulder width. es of 2 inch gravel sub base. 2. The Planning Comgi`s`sron rrgakes a following findings in support of the variations and exceptions approve X12 Section l9, I. Traffic net. 11. Maintenance ��sues III. The City Mana- 'r's {e'stimony suggested reducing to 26 feet width. VOTE: YEA: Peterson, Twait, Shiflea, Knackstedt, Arness NAY: VOTE: MOTION PASSED UNANIMOUSLY. 6. UNFINISHED BUSINESS a. PZ13 -16 — A resolution of the Kenai Planning & Zoning Commission recommending the PLANNING AND ZONING COMMISSION MEETING JUNE 26, 2013 PAGE 3 Page 239 of 245 Council of the City of Kenai rename Tustumena Street to Mudhen Drive. Discussion /Postponed from April 10, 2013 & May 8, 2013. Carver reviewed the staff report included in the packet. MOTION: Commissioner Shiflea MOVED to approve PZ13 -16 recommending the Council of the City of Kenai rename Tustumena Street to Mudhen Drive. Commissioner Peterson SECONDED the motion. Commissioner Knackstedt spoke against the resolution, noting it set a precedent that was not required. VOTE: YEA: Peterson, Twait, Shiflea, Arness NAY: Knackstedt MOTION PASSED. 7. NEW BUSINESS a. PZ13 -22 Amended — Preliminary I resubdivision of Tract D, Radar Su Subdivision K -706. Plat submitted Alaska. Carver reviewed the staff contingencies. MOTION: sion - Petrolite Addition (A and Lots 11 -13, Radar ng, P.O. Box 4032, Soldotna, recommending approval with no Commissioner Shifle OVED to ' prove PZ13 -22 Amended Preliminary Plat —Radar Subdivision - Petrolite A 'tion ( subdivision of Tract D, Radar Subdivision, KN79 -28, and Lots 11 -13, Radar Subdivis'' 706. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. Commissioner Arness SECONDED the motion. Twait opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: YEA: Peterson, Twait, Shiflea, Knackstedt, Arness NAY: MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING JUNE 26, 2013 PAGE 4 Page 240 of 245 8. PENDING ITEMS —None. 9. REPORTS a. City Council — No report. b. Borough Planning — No report. c. Administration — Carver noted there would be one plat at the next meeting. 10. PERSONS PRESENT NOT SCHEDULED — None 11. INFORMATION ITEMS — None. 12. NEXT MEETING ATTENDANCE NOTIFICATION — July 10, 013 No commissioners requested an excused absence from the tdul00 meeting. 13. COMMISSION COMMENTS & QUESTIONS — No \ 14. ADJOURNMENT There being no further business before the missio meeting was adjourned at 8:09 p.m. Minutes prepared and submitted byeP Corene Hall, CIVIC, Deputy PLANNING AND ZONING COMMISSION MEETING JUNE 26, 2013 PAGE 5 Page 241 of 245 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 242 of 245 u To: Mayor Porter Council Members "'W1199e with a Past, C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 2211 FAX: 907 - 283 -3014 Thru: Rick Koch, City Manager From: Terry Eubank, Finance Director / Date: June 26, 2013 Re: Resolution 2007 -20 requiring annual notification of all City bank accounts and check signers. The following list is provided in compliance with resolution 2007 -20. The following people are authorized to sign checks: Rick Koch, City Manager Christina Williamson, Utility Billing Acct. Sandra Modigh, City Clerk Christine Cunningham, Asst. to City Manager Terry Eubank, Finance Director Robin Adams, Accountant The City maintains two checking accounts at Wells Fargo, the City's general checking account and an account for ambulance billing collections. A $20,000 interest bearing certificate of deposit for the Vintage Pointe Rental Trust is also maintained at Wells Fargo. The City maintains a third party custodial relationship with Bank of New York to collateralize deposits at Wells Fargo that exceed federal deposit insurance amounts of $250,000. The City has relationships with various investment brokers. Wells Fargo Trust holds all securities purchased. City Manager Rick Koch, Finance Director Terry Eubank, and Accountant Robin Adams are authorized to initiate investments transactions. The City maintains an account with Key Bank for investments in the Alaska Municipal League Investment Pool. This account provides a highly liquid cash depository for the City's investment portfolio. If there are any questions about banking or investments please contact me. Page 243 of 245 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 244 of 245 9� g qv� ~\ m§ \ n/ m \ ) ° / ca cf) Fn ) \ ) / 3 { \ \ } \ 3 / { o ) ( \ ) m ) - } > \ ° § j j ) ( ) 7 \ 90 ( m > > m P m \ 7 \ / ) \ m§ \ n/ m \ ° \ \ ° e= m \ \ ° w\ \ ) * { C) e j 2 § e-n > w } u 3 j 2 f g \ \ / \ ) > > > > ( > ( ( m > > m P 9 § \ \ \ \ \ \ \ @ > > % @ @ @ > \ o$ o o s, m 2 f g ; % ) / r 3 > > ( a > > m P 9 § \ \ \ \ \ \ \ @ > > % @ @ @ > 0 \ m \ \ \ m ° / m m m \ } E m / \ k CO / M j z ( j CD CD k / R M < § CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JULY 3, 2013 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. Ordinance No. 2711 -2013 — Appropriating $370,590 in the Airport Fund and City Shop Construction Capital Project Fund, All for the New City Shop Construction Project. 2. Resolution No. 2013 -48 — Approving the Leases of Airport Reserve Lands between the City of Kenai and James H. Doyle D /B /A Weaver Brothers, Inc. for Tract A, Gusty Subdivision and Tract B, Gusty Subdivision, Located on the Kenai Municipal Airport. 3. Resolution No. 2013 -49 — Authorizing Award of a Contract for the Kenai Municipal Airport 2013 Obstruction Tree Removal Project. 4. Resolution No. 2013 -50 — Authorizing a Budget Transfer within the Personal Use Fishery Fund — Parks, Recreation & Beautification Department. 5. Resolution No. 2013 -51 — Awarding a Contract to Peninsula Pumping, Inc. for Portable Restrooms and Dumpster Rental and Service for the Upcoming Personal Use Fishery for the Total Amount Up to $74,314. 6. Resolution No. 2013 -52 — Providing for the Submission to the Qualified Voters of the City of Kenai, at the Regular Election of October 1, 2013, the Question of Amending the Charter of the City of Kenai to Remove Gender Specific References. 7. Resolution No. 2013 -53 — Awarding a Contract for the Construction of the Vehicle Maintenance Facility Base Bid and Additive Alternate Number One to Blazy Construction, Inc. for an Estimated Total Cost of $3,938,900. 8. Resolution No. 2013 -54 — Awarding a Contract for the Construction of Kenai Asphalt and Concrete Improvements 2013 Base Bid and Additive Alternate Number One to North Star Paving and Construction, Inc. for an Estimated Total Cost of $99,615. 9. Resolution No. 2013- 55 — Granting Road Development Standard Exceptions to KMC 14.10.080, Minimum Improvements Required, for Kee's Tern Subdivision Pursuant to KMC 14.10.090, Variations and Exceptions. 10. Resolution No. 2013 -56 — Recommending that Tustumena Street be Renamed to Mudhen Drive. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Corene Hall; -CMC, Deputy City Clerk Posted: July 5, 2013.. . 4 4 z m >C E n co b w y r y z 0 0� N n o a rn a O �. .° 0, a x° C a < 0 �. °q < � ° 0 o9a ao h w ° p Oil CA y C Chi w» 'ti a m (D w to y "y ro d ° ro �; w o ° o. .0 0 to CD 0 ACA O �' ^ to V m p• p' G -n " y wa o e h •O' T m v Z. m N- A WNW WNW O O W �I W N A W g n a Ada 9 M O O D D A O w p ' A N; D D Z C m N A 3 m ®x m x o o n �'m c^ m m� c0 � v m c o m m a m m c o� m m� at I D ; ?m' pocD mOcgm Om Zaam ZOa m aJa wd+ aJ ma ao�wJwv...nw£n�m o7m yoy � 4£ oomxo »COmOa 7 w3� 0 2,3 m,ons o �xr ^O 3 �' �' m, o o a m w o G m =3 m cR03- �3Jmn^"'a R: OO �lTCmi�CCw Oa wa O w. .mo cm ° cgi J » c<m cOwd m w2ti o S`_'. oO��- _iZO ;�oJ� NvS�JW=oi oim ~3��- _22JM�o� c macv+m� »w 3_'m; �n� =�7 'n a.. C7 vv5 moo. w C -C =w A -o c p� �O`< d m o o ^m ?�. s 'A69 m O ° o �J- ° Tw °< 0 �m ic�SAZ -1O O --1 fAJy JN.m pJia N2331 m� °,Jm3JmO o 00�� m �<��� c °J. >? 2Jm wSx3 oFOmO m m m c 2 < o o z 0 y >• m n m m a a m m m m o o D o m n N o �-� OM ° o z r J' v Z 2 J J'-'31m3 D�71Om� mAO ZOmmm 2 1,0 o Z_ma ZO mZO °wZ ?m °2 o'm_oo �oza'2o�pm m a xm o x D 01'Snmmm3 3 r- � -�Zxn0 Z� <y�J J �O O'O �? o ?< O O ((�� n W -m O K m mm Z3mmm� 2 m oy'd� ?um Comm a ax• no3w 3 m"'�^ c3'• 2ND w�SNOmNO2 A m Q D m C N N fD m N a w • Z x o �tnmdJ COm Ja `n � 2ON -•m SrmOw m mZ Ow.°mm O �W r dw (N El J j C? u, .2M I yo �Uw vzcc� JW oA;+w aw .coca JO.OSw ?O 'z N�b�w7A O." m OHO 0 � Oz §OM 3ma w"riaN „- mn = 0A J JC �ii Ow o'm cm `� �o �.�ym .7 <O W y N �.00Q �O',w..00�,D�T O^ yNN+ mp CONtiQ� ym .w. N �N� J W S T. oC wmm0 O '(j)w ZD a0 m N O'er C D^ I N^ x J° (n ci I I m- J w W o _ 3 p A m O� w� °-' W m c I m A VS A � m l m o D D a o .7 1 m n y D T. QX'b> I� 3 • O 0 C) ow J o ;N mw x mm oQ jN m win m£ co„°' m =. o,o v om 5Ocm G)J DSO °S3 9 c +rm Q ^JCwa o2 _ 1 m T .I Do. .Ww 0'o -�a: o�'nm 3 = =i �"o C_a- A. 3 nwlp 4 00, 0 T3m3� <'' 3 oJ- ».gym 33 ?•Z SADm a ow w LI- m ma -"O °m 2 3 r�mD Qd A Nd a a'M 7ccm �o ow F d m on d.ro my� !^fO �a n:awS ° -.ca a`O-'� m c 0g Grr7 o� mq Sn m n3oo 30 m OJro » Tjm D o DAD yD oro c'°Om 3w Z °m�� O °cmw mwm a c c q 'n' 33A 5 a '° ° L) c A a o °- o z J 'm n m N m m' Z n O m to A n.a 5 2 Ow o, w a w c; 5 o m 3 mo 0 3I a> m om m0�>•F^2 mw O m �OS _ Han w0H R mw° a 3 N m C J m mm JoOF» c o3 o<wm �o _» °o �m N °3 �o w?'RK me3 I- 1 a J m n`?.- of ocl 6'w.. 3 n a. o• Tw Q S,J dO -imD c'o `� 3 2 co x m as o m m Am Nam m 9 <O ° y o m° m 4 am' nJ 3. Gl �m mom' N m$.m =_ma Dr'a 5 -mm af.�R mD� Dm cn3 S. a JN �mo D J. w o. m qp o 3 Oma US' > J S 3 T I 3 J ° m m m 0 n nnJ $ o m e It r ICI V1 1"�