HomeMy WebLinkAbout2013-10-16 Council PacketCOUNCIL PACKET DISTRIBUTION
MAKE it PACKETS
Council Meeting Date: E�*[2-qy l b r doI �,
COPY NOTICE
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.
- 3 packets
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Clerk
er
De ut Clerk
RCouncil
Fire De artment
Cunnin ham
Hall Binder
HESIH F
Mellish
COPY NOTICE
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.
OCTOBER 16, 2013
REGULAR COUNCIL MEETING
REQUESTED ADDITIONS TO THE PACKET:
ADD TO: REQUESTED BY:
D.3 Resolution No. 2013 -68: inclusion of amended page 4 of 4
of the SFY 2015 CIP Priorities revising the description of
the Kenai Spur Highway — Supplemental Appropriation. City Manager
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NOTICE OF PUBLIC HEARING
OCTOBER 16, 2013
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following
Ordinance(s) and /or Resolution(s) on the above -noted meeting date.
Ordinance No. 2724 -2013 — Accepting and Appropriating Funds Forfeited to the
Kenai Police Department.
2. Resolution No. 2013 -67 — Supporting the Selection of the Nikiski Area for The
Proposed Alaska LNG Project's Natural Gas Liquefaction Plant And Terminal By
ExxonMobil, BP, ConocoPhillips and TransCanada.
3. Resolution No. 2013 -68 — Adopting the City of Kenai Capital Improvements Plan
Priority List for State and Federal Funding Requests for the Fiscal Year 2015.
4. Resolution No. 2013 -69 — Awarding a Contract to Alaska Sure Seal for
Snowplowing Services at the Kenai Airport.
The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the
Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested
persons are invited to attend the meeting and participate in the public discussion. Written
comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue,
Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the
Kenai City Clerk and will be available at the meeting for public review.
Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended
by t Louncil prior to adoption without further public notice.
Sa dr Modigh, C
City rk
Posted: October 11, 2013
Suggested by: Administration
the eityof CITY OF KENAI
KENA SKA
RESOLUTION NO. 2013 -69
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A
CONTRACT TO ALASKA SURE SEAL, INC. FOR SNOWPLOWING SERVICES AT THE
KENAI AIRPORT.
WHEREAS, on September 26, 2013, the City of Kenai requested bids for snowplowing
services at the Kenai Airport Terminal Building and other vehicle parking lots; and,
WHEREAS, a competitive sealed bid process is a reasonable and acceptable means of
securing services; and,
WHEREAS, one bid was received on October 7, 2013 for the contract 2013 -2014
season (and may be extended for two successive one -year terms by mutual consent of
the City and the Contractor); and,
WHEREAS, the bid amount received was as follows:
Alaska Sure Seal
Area 1 Terminal Parking Lot $ 725.00
Area 2 Flight Service Station $ 100.00
Area 3 Alaska Fire Training Facility $ 100.00
Area 4 F.B.O. Parking Lot $ 100.00
WHEREAS, the bid was found to be qualified, responsive, and responsible; and,
WHEREAS, the recommendation from the City Administration is to award the contract
to Alaska Sure Seal, Inc. for an amount not to exceed $25,000; and
WHEREAS, sufficient monies are appropriated in the Airport Terminal /Other
Buildings/ and Training Facility budgets.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the bid for Airport snowplowing services be awarded to Alaska Sure Seal, Inc.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
October 2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: 7
PAT PORTER, MAYOR
M.",
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2013 -68
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE
CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LISTS FOR STATE AND
FEDERAL FUNDING REQUESTS FOR THE FISCAL YEAR 2015.
WHEREAS, the Capital Improvements Plan (CIP) is a guide for capital expenditures;
and,
WHEREAS, the City of Kenai CIP process has involved consideration of existing plans,
programmatic needs and public input; and,
WHEREAS, the CIP compliments the legislative priorities, City Budget and
Comprehensive Plan; and,
WHEREAS, the Kenai City Council held a public hearing on the Capital Improvements
Program adoption on October 16, 2013; and,
WHEREAS, if unforeseen circumstances occur, the City Council authorizes the City
Manager to modify as necessary the City of Kenai's Capital Improvements Plan Priority
Lists for State and Federal Funding Requests for the Fiscal Year 2015, and that any
modification will be brought before Council for approval at the next regularly
scheduled Council meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, adopts the attached City of Kenai Capital Improvements Plan Priority List for
State and Federal Funding Requests for the Fiscal Year 2015.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
October, 2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
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Suggested by: Mayor Pat Porter
CITY OF KENAI
RESOLUTION NO. 2013 -67
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
THE SELECTION OF THE NIKISKI AREA FOR THE PROPOSED ALASKA LNG
PROJECT'S NATURAL GAS LIQUEFACTION PLANT AND TERMINAL BY
EXXONMOBIL, BP, CONOCOPHILLIPS AND TRANSCANADA.
WHEREAS, over twenty locations were evaluated based on conditions related to the
environment, socioeconomics, cost, and other project and technical issues; and,
WHEREAS, the Nikiski site also results in a pipeline route from the North Slope that
provides an access opportunity to natural gas by the major population centers in
Fairbanks, Matanuska - Susitna Valley, Anchorage, and the Kenai Peninsula; and,
WHEREAS, a number of engineering, technical, regulatory, fiscal, commercial, and
permitting issues still need to be resolved as work on the $45 -$65 billion project
progresses; and,
WHEREAS, the companies are continuing to refine the project concept which includes
a gas treatment facility on the North Slope, an 800 -mile, 42 -inch pipeline with up to
eight compression stations and at least five take -off points for in -state gas delivery,
and a liquefaction plant and terminal; and,
WHEREAS, the companies are committed to working with the state to responsibly
develop North Slope Resources; and,
WHEREAS, a successful project will provide substantial economic opportunities for
Alaskans and Alaska businesses, including enhances state revenues and access to
decades of Alaskan- produced natural gas for private, commercial and industrial use.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai supports the selection of the Nikiski area for the
proposed Alaska LNG Project's natural gas liquefaction plant and terminal by
ExxronMobil, BP, ConocoPhillips, and TransCanada.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
October, 2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2724 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING
AND APPROPRIATING FUNDS FORFEITED TO THE KENAI POLICE DEPARTMENT.
WHEREAS, the Kenai Police Department has received notice from the Court
authorizing the forfeiture to the Kenai Police Department of $4,314.75 in drug seizure
cash; and,
WHEREAS, the cash was seized during a drug investigation, in which the Kenai Police
Department was the investigating agency; and,
WHEREAS, in the summer of 2013 the Kenai Police Department received an asset
forfeiture equitable sharing check in the amount of $12.51from the Alaska State
Troopers, Statewide Drug Enforcement Unit; and,
WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize
the forfeiture funds to purchase training and investigative equipment for the
department.
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 the City Manager is authorized to accept the forfeited funds in the
amounts of $4,327.26 for and to expend the forfeited funds to fulfill the purpose and
intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Forfeitures $4,327.26
Increase Appropriations:
Police - Small Tools $4,327.26
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2724 -2013
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
October, 2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: 7
PAT PORTER, MAYOR
Introduced: October 2nd, 2013
Adopted: October 16th, 2013
Effective: October 16th, 2013
New Text Underlined; [DELETED TEXT BRACKETED]
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
OCTOBER 16, 2013
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http: / /www.ci.kenal.ak.us
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Certification of Election .......................................................... .............................Pg 5
4. Administer Oaths of Office
5. Election of Vice -Mayor
6. Agenda Approval
7. 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)
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. 2724 -2013 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department..... ................................................. .......................... Pg 7
2. Resolution No. 2013 -67 — Supporting the Selection of the Nikiski Area for
The Proposed Alaska LNG Project's Natural Gas Liquefaction Plant And
Terminal By ExxonMobil, BP, ConocoPhillips and TransCanada ...........................P9 11
3. Resolution No. 2013 -68 — Adopting the City of Kenai Capital Improvements
Plan Priority List for State and Federal Funding Requests for the Fiscal Year
2014 ......................................................................................... .............................Pg 13
4. Resolution No. 2013 -69 — Awarding a Contract to Alaska Sure Seal for
Snowplowing Services at the Kenai Airport ............................. ............................... Pg 19
E. MINUTES
1. *Regular Meeting of October 2, 2013 .......................................... .............................Pg 21
F. UNFINISHED BUSINESS — None
G. NEW BUSINESS
1. *Action /Approval — Bills to be Ratified .................................. ............................... Pg 29
2. *Action /Approval — Purchase Orders Exceeding $15, 000 ..... ............................... Pg 31
3. *Action/ Approval — Lease of Airport Land Outside of the Airport Reserve
Identified as Lot 8, Kenai Industrial Park Subdivision, Section 8, Township 5
North, Range 11 West, Seward Meridian, Alaska to Buccaneer Alaska
Operations, LLC for a Term of 30 Years Effective November 1, 2013 .................... Pg 33
4. *Ordinance No. 2725 -2013 — Accepting and Appropriating a Grant from the
Rasmuson Foundation in the Amount of $21,376 and Matching Funds in the
Amount of $10,000 from the Friends of the Kenai Community Library and
$1,000 from the Totem Tracers Genealogical Society for the Purchase of
Equipment and Furnishings at the Library ............................... ............................... Pg 53
H. COMMISSION /COMMITTEE REPORTS
J.
a
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission ..................
7. Beautification Committee
8. Mini -Grant Steering Committee
REPORT OF THE MAYOR
ADMINISTRATION REPORTS
..................... ............................... Pg 57
1. City Manager ............................................................................ .............................Pg 61
2. City Attorney
a. Options for Moving Forward with the Comprehensive Plan Following
Results of Proposition No. 1 ........................................ ............................... Pg 73
3. City Clerk
ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
City of Kenai Council Meeting Agenda Page 2 of 3
October 16, 2013
L. EXECUTIVE SESSION — Regarding Matters the Immediate Knowledge of Which
Would Clearly Have an Adverse Effect Upon the Finances of the City and
Matters Which Are Subject To Attorney Client Privilege Regarding Litigation
Involving Cook Inlet Natural Gas Storage Alaska (CINGSA) — Mineral Rights,
Easements and Pore Space. [AS 44.62.310(c)(1)]
M. PENDING ITEMS — None
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 77
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.
City of Kenai Council Meeting Agenda Page 3 of 3
October 16, 2013
THIS PAGE IS INTENTIONALLY LEFT BLANK
CITY OF KENAI
REGULAR ELECTION OF OCTOBER 1, 2013
WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the
ballots for the Regular Election of October 1, 2013.
Absentee (in- person, by- fax/email, personal needs, by -mail)
and Questioned Ballots Received
172
Absentee /Questioned Ballots Rejected
12
Absentee /Questioned Ballots Counted
160
Poll Voter Turn Out
1090--22%
Total Voter Turn Out
1262--25%
Number of Kenai Registered Voters
5011
FOR CITY MAYOR_ ONE THRFF_VFAR TFRM
CANDIDATES
POLL VOTES
RECEIVED
ABSENTEE, ETC.
VOTES RECEIVED
TOTAL VOTES
RECEIVED
Molloy, Robert J.
"Bob"
521
79
600
Porter, Pat
553
80
633
Write -Ins
4
0
4
FOR CITY COUNCII. _ TWO THRFF_VFAR TFRMR
CANDIDATES
POLL VOTES
RECEIVED
ABSENTEE, ETC.
VOTES RECEIVED
TOTAL VOTES
RECEIVED
Booke , Terry
617
82
699
Schra , Mark
367
58
425
Gabriel, Brian
652
109
761
Write -Ins
7
3
10
PROPOSITION NO. 1
Repealing Ordinance No. 2681 -2013,
that approved and adopted a revised
Comprehensive Plan for the City of Kenai and recommended adoption by the
Kenai Peninsula Borou h.
POLL VOTES
ABSENTEE, ETC.
TOTAL VOTES
VOTE
RECEIVED
VOTES RECEIVED
RECEIVED
Yes
580
84
664
No
420
67
487
Page 5 of 77
2013 Certification of Election
Page 2 of 2
PROPOSITION NO.2
Repealing Charter Section 9 -4. Pardons, Paroles, and Communications.
VOTE
POLL VOTES
RECEIVED
ABSENTEE, ETC.
VOTES RECEIVED
TOTAL VOTES
RECEIVED
Yes
602
102
704
No
419
47
466
PROPOSITION NO. 3
Amending Charter
Section 2 -4, Ordinances: Adoption by Reference, by
removing milk and milk products from the list of subjects that Council specifically
re ulates.
TOTAL VOTES
RECEIVED
Yes
543
POLL VOTES
ABSENTEE, ETC.
TOTAL VOTES
VOTE
RECEIVED
VOTES RECEIVED
RECEIVED
Yes
628
99
727
No
369
46
415
PROPOSITION NO. 4
Amending the Charter by removing all references in the masculine form and
replacing them with ender neutral references.
VOTE
POLL VOTES
RECEIVED
ABSENTEE, ETC.
VOTES RECEIVED
TOTAL VOTES
RECEIVED
Yes
543
79
622
No
484
69
553
Pat Porter, Mayor
Mike Boyle, Council Member
Robert J. Molloy, Council Member
Tim Navarre, Council Member
ATTEST:
Sandra Modigh, City Clerk
Ryan Marquis, Vice Mayor
Brian Gabriel, Council Member
Terry Bookey, Council Member
Date
Page 6 of 77
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2724 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING
AND APPROPRIATING FUNDS FORFEITED TO THE KENAI POLICE DEPARTMENT.
WHEREAS, the Kenai Police Department has received notice from the Court
authorizing the forfeiture to the Kenai Police Department of $4,314.75 in drug seizure
cash; and,
WHEREAS, the cash was seized during a drug investigation, in which the Kenai Police
Department was the investigating agency; and,
WHEREAS, in the summer of 2013 the Kenai Police Department received an asset
forfeiture equitable sharing check in the amount of $12.51from the Alaska State
Troopers, Statewide Drug Enforcement Unit; and,
WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize
the forfeiture funds to purchase training and investigative equipment for the
department.
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 the City Manager is authorized to accept the forfeited funds in the
amounts of $4,327.26 for and to expend the forfeited funds to fulfill the purpose and
intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Forfeitures $4,327.26
Increase Appropriations:
Police - Small Tools $4,327.26
New Text Underlined; [DELETED TEXT BRACKETED]
Page 7 of 77
Ordinance No. 2724 -2013
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 161h day of
October, 2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: 7./.
PAT PORTER, MAYOR
Introduced: October 2nd, 2013
Adopted: October 16th, 2013
Effective: October 16th, 2013
New Text Underlined; [DELETED TEXT BRACKETED
Page 8 of 77
j "Villaye with a Past, C# with a Future"
�! 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 t'll�l
1992
the clfy o�'
KEN SKA
MEMO:
TO: Rick Koch — City Manager
FROM: Gus Sandahl — Police Chief
DATE: 9/24/13
SUBJECT: Request ordinance appropriating asset forfeiture funds.
The City of Kenai currently holds $4,314.75 in investigative seizure money. In
May of 2013 the Kenai Court ordered the forfeiture of $4,314.75 to the "City of
Kenai Police Department." The forfeiture is the result of a drug investigation in
which the Kenai Police Department was the investigating agency. The City of
Kenai also holds $12.51 from an asset forfeiture equitable sharing check that the
Alaska State Troopers, Statewide Drug Enforcement Unit provided to the Kenai
Police Department in the summer of 2013.
Seizure Checks needing appropriation: $4,314.75 and $12.51 — Total $4,327.26
I am requesting an ordinance appropriating $4,327.26 into the general fund,
police small tools account so the police department can purchase unbudgeted
training and investigative equipment.
Page 9 of 77
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 10 of 77
Suggested by: Mayor Pat Porter
CITY OF KENAI
NO. 2013 -67
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
THE SELECTION OF THE NIKISKI AREA FOR THE PROPOSED ALASKA LNG
PROJECT'S NATURAL GAS LIQUEFACTION PLANT AND TERMINAL BY
EXXONMOBIL, BP, CONOCOPHILLIPS AND TRANSCANADA.
WHEREAS, over twenty locations were evaluated based on conditions related to the
environment, socioeconomics, cost, and other project and technical issues; and,
WHEREAS, the Nikiski site also results in a pipeline route from the North Slope that
provides an access opportunity to natural gas by the major population centers in
Fairbanks, Matanuska - Susitna Valley, Anchorage, and the Kenai Peninsula; and,
WHEREAS, a number of engineering, technical, regulatory, fiscal, commercial, and
permitting issues still need to be resolved as work on the $45 -$65 billion project
progresses; and,
WHEREAS, the companies are continuing to refine the project concept which includes
a gas treatment facility on the North Slope, an 800 -mile, 42 -inch pipeline with up to
eight compression stations and at least five take -off points for in -state gas delivery,
and a liquefaction plant and terminal; and,
WHEREAS, the companies are committed to working with the state to responsibly
develop North Slope Resources; and,
WHEREAS, a successful project will provide substantial economic opportunities for
Alaskans and Alaska businesses, including enhances state revenues and access to
decades of Alaskan- produced natural gas for private, commercial and industrial use.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai supports the selection of the Nikiski area for the
proposed Alaska LNG Project's natural gas liquefaction plant and terminal by
ExconMobil, BP, ConocoPhillips, and TransCanada.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
October, 2013.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Page 11 of 77
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 12 of 77
i
Suggested by: Administration
CITY OF KENAI
NO. 2013 -68
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE
CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LISTS FOR STATE AND
FEDERAL FUNDING REQUESTS FOR THE FISCAL YEAR 2015.
WHEREAS, the Capital Improvements Plan (CIP) is a guide for capital expenditures;
and,
WHEREAS, the City of Kenai CIP process has involved consideration of existing plans,
programmatic needs and public input; and,
WHEREAS, the CIP compliments the legislative priorities, City Budget and
Comprehensive Plan; and,
WHEREAS, the Kenai City Council held a public hearing on the Capital Improvements
Program adoption on October 16, 2013; and,
WHEREAS, if unforeseen circumstances occur, the City Council authorizes the City
Manager to modify as necessary the City of Kenai's Capital Improvements Plan Priority
Lists for State and Federal Funding Requests for the Fiscal Year 2015, and that any
modification will be brought before Council for approval at the next regularly
scheduled Council meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, adopts the attached City of Kenai Capital Improvements Plan Priority List for
State and Federal Funding Requests for the Fiscal Year 2015.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
October, 2013.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Page 13 of 77
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"'Village witk a Past, C# wA a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I I
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 iI Il
1991
MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: October 10, 2013
SUBJECT: Resolution 2013 -68, Adopting Capital Improvement Plan Priority
Lists
The purpose of this correspondence is to recommend Council approval of the above referenced
ordinance. Each year it is necessary for the City to submit its capital requests to the Governor's
Office of Management and Budget (OMB) in advance of the Governor establishing his capital
budget.
I would like to submit our requests to OMB by the end of October. OMB begins assembling and
considering the Governor's capital budget shortly after the first of November. The Governor's
capital budget is generally released in mid - December and it becomes increasingly difficult after
the middle of November to include and /or have considered any requests.
Thank you for your attention in this matter. If you have any questions, please contact me at
your convenience.
Page 18 of 77
— <`�=��� "� _ KENAI Suggested by: Administration
thrdtycj CITY OF
KENAI. ALASKA
RESOLUTION NO. 2013 -69
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A
CONTRACT TO ALASKA SURE SEAL, INC. FOR SNOWPLOWING SERVICES AT THE
KENAI AIRPORT.
WHEREAS, on September 26, 2013, the City of Kenai requested bids for snowplowing
services at the Kenai Airport Terminal Building and other vehicle parking lots; and,
WHEREAS, a competitive sealed bid process is a reasonable and acceptable means of
securing services; and,
WHEREAS, one bid was received on October 7, 2013 for the contract 2013 -2014
season (and may be extended for two successive one -year terms by mutual consent of
the City and the Contractor); and,
WHEREAS, the bid amount received was as follows:
Alaska Sure Seal
Area 1 Terminal Parking Lot $ 725.00
Area 2 Flight Service Station $ 100.00
Area 3 Alaska Fire Training Facility $ 100.00
Area 4 F.B.O. Parking Lot $ 100.00
WHEREAS, the bid was found to be qualified, responsive, and responsible; and,
WHEREAS, the recommendation from the City Administration is to award the contract
to Alaska Sure Seal, Inc. for an amount not to exceed $25,000; and
WHEREAS, sufficient monies are appropriated in the Airport Terminal /Other
Buildings/ and Training Facility budgets.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the bid for Airport snowplowing services be awarded to Alaska Sure Seal, Inc.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
October 2013.
ATTEST:
q Sandra Modigh, City Clerk DD
Approved by Finance:
G
PAT PORTER, MAYOR
Page 19 of 77
Municipal Airport
Memo
"ServLvw && (e mater K nat Pe v►.L4uula%'
305 N. WILLOW ST. SUITE 200 KEM, ALASKA 99611
TELEPHONE 907,2a3 -7951
FAX 907- 2933737
To: Rick Koch — City Manager
Terry Eubank — Finance Director
Scott Bloom — City Attorney
From: Mary Bondurant — Airport Manager
Date: October 9, 2013
Subject: Invitation to Bid Results — Airport Snow Plowing Services
The Airport advertised for Snow Plowing Services on September 26, 27, & 29, 2013. The
successful contractor will provide snow plowing in the Airport terminal, Kenai Flight Service
Station, Alaska Fire Training Facility, and the F.B.O. vehicle parking lots. The contract is for
one -year which may be extended for two (2) successive one -year terms by mutual written consent
of the City and the Contractor.
One (1) bid packet was picked up and one (1) bid was received on October 7, 2013. The
Operations Supervisor and I reviewed the following bid:
Alaska Sure Seal Area 1 Terminal Parking Lot $ 725.00
Area 2 Flight Service Station $ 100.00
Area 3 Alaska Fire Training Facility $ 100.00
Area 4 F.B.O. Parking Lot 1$ 00.00
$1025.00
The bid did not contain a Specialty Contractor License or Alaska Business License numbers;
however, the Airport has both licenses on file. Alaska Sure Seal, Inc., was also the previous
contractor the past three years and completed the plowing specifications to the satisfaction of the
Airport.
It is our recommendation that the contract be awarded to Alaska Sure Seal, Inc. at the October 16,
2013 Council meeting.
Attached are the bid documents with the licenses for review and concurrence
attachments
www.kenaiairport.com
Page 20 of 77
KENAI CITY COUNCIL— REGULAR MEETING
OCTOBER 2, 2013 — 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on October 2, 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 Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor
Robert Molloy
Terry Bookey
Mike Boyle
comprising a quorum of the Council.
Also in attendance were:
"Courtney Stroh, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Corene Hall, Deputy City Clerk
3. Agenda Approval
Vice Mayor Ryan Marquis
Tim Navarre
Brian Gabriel
Mayor Porter read the following addition to the agenda:
ADD: D -4. Resolution No. 2013 -66: Recognizing the Importance of Breast Cancer
Awareness, Education and Early Detection
MOTION:
Council Member Molloy MOVED to approve the agenda as amended and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
Page 21 of 77
MOTION:
Council Member Bookey MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
Mayor Porter opened the floor for public comment on consent agenda items, there being
none public comment was closed.
VOTE: There being no objections, SO ORDERED.
*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
1. Marcus Mueller, Soldotna Rotary Club —Paint the Kenai Mural Project.
Mr. Mueller spoke about the Paint the Kenai Mural Project, showcasing the winning
mural and noting it will be recreated at the Kenai Municipal Airport.
2. Lieutenant Matthew Mitchell United States Coast Guard, Anchorage
Alaska — Good Samaritan Certificate of Appreciation.
Lt. Mitchell presented the Good Samaritan Certificate of Appreciation and Challenge
Coins to Kenai Firefighters Zach Pettit, John Wichman, and representative on behalf of
Tony Prior for providing life saving assistance on August 22, 2013 of a capsized vessel.
C. UNSCHEDULED PUBLIC COMMENTS
Mark Schrag, Kenai — Mr. Schrag congratulated Council Members Bookey and Gabriel
on their win in the recent election, advised he was retiring from the fight related to the
comprehensive plan, and suggested council recertify the 2003 plan.
D. PUBLIC HEARINGS
1. Ordinance No. 2722 -2013 — Amending Kenai Municipal Code Section
1.75.020, Bad Check Service Charges, to Eliminate References to State
Statute.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2722 -2013, Amending Kenai
Municipal Code Section 1.75.020, Bad Check Service Charges, to Eliminate References
to State Statute. Council Member Gabriel SECONDED the motion.
City of Kenai Council Meeting Agenda Page 2 of 7
October 2, 2013
Page 22 of 77
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre
NAY:
"Student Representative Stroh: YEA
MOTION PASSED.
2. Ordinance No. 2723 -2013 — Accepting and Appropriating a Donation from
the Kenai Senior Connection for the Purchase of Radio Equipment to be
Installed in a New Meals -On- Wheels Delivery Van Donated by the Kenai
Senior Connection to the City.
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2723 -2013, Accepting and
Appropriating a Donation from the Kenai Senior Connection for the Purchase of Radio
Equipment to be Installed in a New Meals -On- Wheels Delivery Van Donated by the
Kenai Senior Connection to the City. Council Member Molloy SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter
NAY:
"Student Representative Stroh: YEA
MOTION PASSED.
3. Resolution No. 2013 -65 — Declaring Equipment, Supplies, And Materials
Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code
7.15.060 and 7.15.070.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -65, Declaring Equipment,
Supplies, And Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai
Municipal Code 7.15.060 and 7.15.070 and requested UNANIMOUS CONSENT.
Council Member Bookey SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
City of Kenai Council Meeting Agenda Page 3 of 7
October 2, 2013
Page 23 of 77
4. Resolution No. 2013 -66 — Recognizing the Importance of Breast Cancer
Awareness, Education and Early Detection
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2013 -66, Recognizing the
Importance of Breast Cancer Awareness, Education and Early Detection and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1. *Work Session Notes of September 18, 2013
2. *Regular Meeting of September 18, 2013
The minutes and notes were approved by the consent agenda.
F. UNFINISHED BUSINESS — None
G. NEW BUSINESS
1. *Action /Approval — Bills to be Ratified
Approved by the consent agenda.
2. *Action /Approval — Purchase Orders Exceeding $15,000
Approved by the consent agenda.
3. Action /Approval — Special Use Permit to Buccaneer Alaska Operations, LLC for
Lot 8, Kenai Industrial Park Subdivision for the purpose of Operation of a Class II
Injection Facility (Storage /Disposal of Onsite and Offsite Materials).
MOTION:
Council Member Molloy MOVED to approve with the following conditions: 1. Negotiate
on a paved apron for the driveway, and 2. Testing for GRO's -- A Special Use Permit to
Buccaneer Alaska Operations, LLC for Lot 8, Kenai Industrial Park Subdivision for the
purpose of Operation of a Class II Injection Facility (Storage /Disposal of Onsite and
Offsite Materials). Council Member Boyle SECONDED the motion.
Mayor Porter opened the public hearing.
Bob Britch, Buccaneer— noted this would be a waste treatment facility and gave an
overview of materials, procedures and future uses.
City of Kenai Council Meeting Agenda Page 4 of 7
October 2, 2013
Page 24 of 77
VOTE:
YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle
NAY:
"Student Representative Stroh: YEA
MOTION PASSED.
4. Action /Approval — Planning and Zoning Commission Training at the Alaska
Planning Conference in Anchorage.
MOTION:
Council Member Navarre MOVED to fund up to seven Planning and Zoning Commission
members to attend the November 2013 training in Anchorage. Vice Mayor Marquis
SECONDED the motion.
VOTE:
YEA: Marquis, Molloy, Navarre, Porter, Bookey, Boyle, Gabriel
NAY:
* *Student Representative Stroh: YEA
MOTION PASSED.
5. *Ordinance No. 2724 -2013 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.
Introduced by consent agenda and public hearing set for October 16, 2013.
H. COMMISSION /COMMITTEE REPORTS
1. Council on Aging — Vice Mayor Marquis reported the next meeting would be
October 10, 2013.
2. Airport Commission — Council Member Gabriel advised the next meeting
would be October 10, 2013.
3. Harbor Commission — Council Member Molloy noted the next meeting
would be October 7, and Student Representative Stroh would attend to report
on her ROC the Kenai project.
4. Library Commission — Council Member Boyle had no report.
5. Parks and Recreation Commission — Council Member Bookey reported the
next meeting would be October 3, 2013.
6. Planning and Zoning Commission — Council Member Navarre noted the
next meeting would be October 9, 2013.
City of Kenai Council Meeting Agenda Page 5 of 7
October 2, 2013
Page 25 of 77
7. Beautification Committee — Mayor Porter advised the meeting had no
quorum.
8. Mini -Grant Steering Committee — Mayor Porter reported on the September
30 meeting.
I. REPORT OF THE MAYOR
Mayor Porter reported the following:
• Attended the Kenai Historical Society Membership meeting.
• Participation in the Kenai River Marathon had doubled in the last year.
• Curtain Call Consignment Shop would soon reopen in a new location.
J. ADMINISTRATION REPORTS
1. City Manager — Koch reported he recently attended the ICMA City
Manager's Annual Conference in Boston.
2. City Attorney — Bloom thanked everyone who ran for office and thanked the
City Clerk for her work on the election.
3. City Clerk — Modigh reported the Canvass Board would meet October 8, the
election certified on October 16.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments — None.
2. Council Comments
Council Member Gabriel thanked the Clerk and Deputy Clerk for their work on the
election and thanked Mr. Schrag for running a good race.
Council Member Navarre congratulated the candidates and inquired to the City
Attorney as to what happens next for the Comprehensive Plan.
Council Member Bookey thanked the Clerk's Office for their work on the election and
thanked everyone who exercised their right to vote.
Student Representative Stroh noted Red Ribbon Week would be celebrated starting
October 28, and this year's Leadership Class has chosen Suicide Prevention as its
annual project.
Vice Mayor Marquis thanked the Clerk's Office and everyone who ran a good race.
Council Member Molloy thanked the Senior Connection for its donation; thanked Mr.
Britch and Buccaneer on its presentation; and, thanked the Deputy, City Clerk and all
precinct volunteers for their work on the election.
City of Kenai Council Meeting Agenda Page 6 of 7
October 2, 2013
Page 26 of 77
Council Member Boyle noted participating in the election is everyone's right and
responsibility.
L. EXECUTIVE SESSION — None Scheduled.
M. PENDING ITEMS — None
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:16
p.m.
Minutes prepared and submitted by:
Corene Hall, CMC, Deputy City
"The student representative may cast advisory votes on all matters except those subject to
executive session discussion. Advisory votes shall be cast in the rotation of the official council
vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded
in the minutes. A student representative may not move or second items during a council meeting.
City of Kenai Council Meeting Agenda Page 7 of 7
October 2, 2013
Page 27 of 77
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Page 32 of 77
\the city of //
V
MEMO*
"V llaye with a Past, Gc�y with a fidure"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
Kenai
Its�a!
aamemenr
tIII'I
2011
TO: Rick Koch, City Manager
FROM: Christine Cunningham, Assistant to City Manager t
DATE: October 10, 2013
SUBJECT: Buccaneer Alaska Operations, LLC, Lot 8, Kenai Industrial Park Subdivision
Attached is the proposed lease for the referenced property, located outside the Airport Reserve,
Buccaneer Alaska Operations, LLC (Buccaneer) applied to lease the property for a Natural Gas
Production Facility (Gas Manufacturer /Storage) and Operation of a Class II Injection Facility.
Buccaneer has operated a Natural Gas Facility on the property under a Special Use Permit since
March 1, 2011, and the most recent Permit was issued on March 20, 2013. The City Council
approved a second Special Use Permit for operation of a temporary Drilling Waste Storage
Operation for the treatment of drilling waste at its October 2, 2013 meeting. If Council approves
the proposed lease, it will supersede the permit issued on March 20, 2013; however, the permit
allowing for a temporary Drilling Waste Storage Operation will remain in effect until its
termination.
The term of the proposed Lease is for thirty (30) years, commencing November 1, 2013. Pursuant
to KMC 21.15.120, the lease rate is determined based on 8% of the fair market value, and the
proposed rent for the referenced parcel is $28,000.00 per year based on a value of $350,000.00
as concluded by the appraisal report prepared by Derry & Associates, Inc. effective June 28,
2013.
The Planning and Zoning Commission reviewed Buccaneer's amended lease application at its
meeting on October 9, 2013 where it found that the lease application conformed to the
Comprehensive Plan and Zoning Code. The Commission will be reviewing an amendment to the
Conditional Use Permit to include Operation of a Class II Injection Facility for the
Storage /Disposal of Onsite and Offsite Materials at its October 23, 2013 meeting.
The City Attorney has reviewed the attached lease and has no objections as to form.
cc: Mary Bondurant, Airport Manager
Mark Landt, Buccaneer Alaska Operations, LLC
Page 33 of 77
LEASE OF AIRPORT LANDS
(Outside the Kenai Municipal Airport Reserve)
THIS AGREEMENT, entered into this day of , 2013, by and between the
CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794, a home -rule municipal
corporation of Alaska, hereinafter called "City ", and BUCCANEER ALASKA OPERATIONS,
LLC, whose address is952 Echo Lane, Suite 420, Houston, Texas, 77024, hereinafter called
"Lessee ".
That the City, in consideration of the payments of the rents and performance of all the covenants
herein contained by the Lessee, does hereby demise and lease to the Lessee the following -
described property in the Kenai Recording District, Third Judicial District, State of Alaska; to
wit:
Lot 8, Kenai Industrial Park Subdivision
A. PURPOSE: The purpose for which the Lease is issued is: Natural Gas
Production Facility (Gas Manufacturer /Storage); Operation of Class II Injection Facility
for the Storage/Disposal of Onsite and Offsite Materials.
B. TERM: The term of this Lease is for thirty (30) years, commencing on the 1"
day of November, 2013 to the 31 °` day of October, 2043.
C. RENTAL PAYMENT: Subject to the terms of General Covenant No. 9 of this
Lease, rental for the above - described land shall be payable as follows:
1. The annual rental rate shall be 8% of the fair market value (as set forth and
defined in General Covenant No.9) of the demised premises. The rental effective November 1,
2013, shall be $28,000 per year, plus applicable sales tax, based on a value of $350,000, subject
to redetermination pursuant to General Covenant No. 9.
2. Annual rent for the fiscal year beginning July 1 and ending June 30 shall
be payable in advance on or before the first day of July of each year. If the annual rent exceeds
$2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each
new Lease year to pay rent in equal monthly installments, payable in advance on or before the
first day of July and on or before the first of each month thereafter.
Lease of Airport Lands — Page 1 of 17
Page 34 of 77
Lessor:
Lessee:
3. Rental for any period that is less than one (1) year shall be prorated based
on the current annual rental rate.
4. In addition to the rents specified above, subject to General Covenant No.
9, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as
hereinafter provided:
(a) Taxes pertaining to the leasehold interest of the Lessee.
(b) Sales tax now enforced or levied in the future computed upon rent payable
in monthly installments whether rent is paid on a monthly or yearly basis.
(c) Lessee agrees to pay all taxes and assessments levied in the future by the
City of Kenai, as if Lessee was considered the legal owner of record of the leased
property.
(d) Interest at the rate of eight percent (8 %) per annum and ten percent (10 %)
penalties of any amount of money owed under this Lease which is not paid on or
before the date it becomes due.
D. GENERAL COVENANTS:
I . USES: Except as provided herein, any regular use of 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.
2. USES NOT CONTEMPLATED PROHIBITED: The promotion or
operation of any part or kind of business or commercial enterprise, other than as specifically set
forth herein, upon, in or above airport lands, without the written consent of the City is prohibited.
3. ASSIGNMENT OR SUBLETTING: Lessee with City's prior written
consent, which will not be unreasonably denied, may assign or sublet, in whole or in part, its
rights as Lessee hereunder.
Any assignee of part or all of the leased premises shall assume the duties and
obligations of the Lessee as to such part or all of the leased premises. No such assignment,
however, will discharge Lessee from its duties and obligations hereunder.
4. 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 2 of 17
Page 35 of 77
Lessor: _
Lessee:
5. TREATMENT OF DEMISE: The Lessee agrees to keep the premises
clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof,
nor removing any natural material therefrom, without written permission of the City. At the
expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably
and quietly quit and surrender the premises to the City.
6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders shall
be made payable to the City of Kenai and delivered to the City Administration Building, 210
Fidalgo Avenue, Kenai, Alaska 99611.
7. CONSTRUCTION APPROVAL AND STANDARDS: Building
construction shall be neat and presentable and compatible with its uses and surroundings. Prior
to placing of fill material and/or construction of buildings on a leased area, the Lessee shall
submit a plan of proposed development of property to the City, which shall be approved in
writing for all permanent improvements.
8. DEFAULT RIGHT OF ENTRY: Should default be made in the payment
of any portion of the rent or tees when due, or in any of the covenants or conditions contained in
the Lease or in any regulations now or hereinafter in force, then in such event the City shall by
written notice give Lessee thirty (30) days to cure such default or defaults, after which if the
default is not cured, the City may terminate the Lease, reenter and take possession of the
premises, and remove all persons therefrom.
9. RENT ESCALATION: In the event this Lease is for a term in excess of
five (5) years, the amount of rents or fees specified herein shall, at the option of either party, be
subject to redetermination for increase or decrease based on the percentage rate (set in C.1 above)
of fair market value. No increase or decrease in the amount of rents or fees shall be effective,
until after thirty (30) days written notice. Fair Market Value is defined as "the highest price
estimated in terms of money which a property will bring if exposed for sale on the open market
allowing a reasonable period of time to find a purchaser who buys with knowledge of all the uses
to which it is adapted and for which it is capable of being used ". This Fair Market Value will be
based on the condition of the land on the date of this lease plus the value of improvements, if
any, made by the City subsequent to the date of this Lease which would affect the value of the
property.
At each five (5) year interval, the City will have the fair market value determined
by a qualified independent appraiser. However, the first rent adjustment shall be made in
2015.
10. LEASE UTILIZATION: Leased lands shall be utilized for purposes within
the scope of the approved application (made a part of this Lease and attached hereto), the terms
of the Lease, the terms of the deed under which the land was granted to the City (and any releases
Lease of Airport Lands — Page 3 of 17
Page 36 of 77
Lessor:
Lessee:
pertinent thereto), in conformity with the ordinances of the City and Borough, with Kenai Airport
Regulations, and in substantial conformity with the comprehensive plan. Utilization or
development for other than the allowed uses shall constitute a violation of the Lease and subject
the Lease to cancellation at any rime. Failure to substantially complete the development plan of
the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for
cancellation.
11. CONDITION OF PREMISES: The premises demised herein are
unimproved and are leased on an "as is, where is" basis.
12. UNDERLYING TITLE: The interests transferred, or conveyed by this
Lease are subject to any and all of the covenants, terns, or conditions contained in the
instruments conveying title or other interests to the City.
13. RIGHT OF INSPECTION: City shall have the right at all reasonable
times to enter the premises, or any part thereof, for the purposes of inspection.
14. INDEMNIFICATION AND INSURANCE: Lessee covenants to
indemnify, defend, save and hold the City, its elected and appointed officials, agents and
employees harmless from all actions, suits, liabilities, or damages, or liability of any nature, kind
or character, including costs, expenses and attorney's fees resulting from or arising out of any
acts of commission or omission by the lessee, his agents, employees, customers, invitees, or
arising from or out of the Lessee's occupation, or use of the premises demised, or privileges
granted, and to pay all costs connected therewith.
Lessee, at the expense of Lessee, shall keep in force, during the term of this
agreement, insurance issued by responsible insurance companies authorized to do business in
Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of
City and/or Lessee. Insurance requirement hereunder shall be subject to the sole determination of
the City. All policies or endorsements thereto shall in all cases where possible name City as
Additional Named Insured thereunder and shall contain a waiver of subrogation against the City.
All insurance shall be by a company /corporation currently rated "A -" or better by A.M. Best.
Upon approval by City of all insurance required, in the forms, kinds and amounts
directed to be procured, Lessee shall deliver all policy originals or duplicate originals and
endorsements thereto to the City for incorporation within this agreement as attachment thereto.
In any event, Lessee is not to commence to exercise any of the rights and privileges granted
under this agreement until such time as all insurance directed and required to be finished by
Lessee is in full force and effect.
Lessee expressly understands and agrees that any insurance protection famished
by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless
Lessor under the provisions of this agreement.
Lease of Airport Lands — Page 4 of 17
Page 37 of 77
Lessor:
Lessee:
No policy of insurance shall be cancelled or amended with respect to the City
without thirty (30) days written notice by registered or certified mail to City by the insurance
company.
Until otherwise directed in writing by the City Manager, Lessee shall provide
certificates of insurance within thirty (30) days of the date hereof as follows:
(a) Comprehensive General Liability, including 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 coverage of the Lessee's fuel handling
activities. This policy must name the City as an additional insured.
(b) 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 Lessee.
(c) Workers Compensation Insurance. The Lessee will provide and maintain,
for all employees, coverage as required under AS23.30.045, and, where
applicable, any other statutory obligations. The policy must waive
subrogation against the City.
Notwithstanding anything to the contrary, if Lessee fails or neglects to secure
required insurance or if said policy or policies are terminated, altered, or changed in any manner
not acceptable to the City, then and in that event this lease may be cancelled and terminated,
without penalty, on five (5) days written prior notice to Lessee.
The City may approve a self - insurance program in lieu of the insurance
requirements in this section, if the City finds in its sole discretion that such self - insurance
program adequately protects the City. The typical amount of insurance coverage required is
subject to review and adjustment at the discretion of the City at each five (5) year renegotiation
of the lease.
15. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or
other consideration which are due and unpaid at the expiration of voluntary or involuntary
termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's
property, real or personal, and the City shall have such lien rights as are allowed by law.
16. EASEMENT GRANTS RESERVED: City reserves the right to grant and
control easements in, or above the land leased. No such grant or easement will be made that will
Lease of Airport Lands — Page 5 of 17
Page 38 of 77
Lessor:
Lessee:
unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access and
use of any and all parking and loading rights, rights of ingress and egress now or hereafter
appertaining to the leased premises.
17. LEASE SUBORDINATE TO 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.
18. 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 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.
19. AIRCRAFT OPERATIONS PROTECTED:
(a) 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 and all improvements approved by the City of the premises
herein conveyed, together with the right to cause in said airspace such noise as
may be inherent in the operation of aircraft, now or hereafter used for navigation
of or flight in the air, using said airspace for landing at, taking off from, or
operating on the Kenai Airport. (When the City approves plans for improvements
pursuant to paragraph 7, the City to the extent of those improvements releases the
easement here expressed.)
(b) The Lessee by accepting this conveyance expressly agrees for itself, its
representatives, successors, and assigns, that it will not erect nor permit the
erection of any structure or object, nor permit the growth of any trees on the land
conveyed hereunder, which would be an airport obstruction within the standards
established under the Federal Aviation Administration Regulations, Part 77, as
amended. In the event the aforesaid covenant is breached, the City reserves the
right to enter on the land conveyed hereunder and to remove the offending
Lease of Airport Lands — Page 6 of 17
Page 39 of 77
Lessor: _
Lessee:
structure or object, and to cut the offending tree, all of which shall be at the
expense of the Lessee or its heirs, successors or assigns.
20. 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 said leased premises, except that any inconvenience caused by public
works projects in or about the leasehold premises shall not be construed as a denial of the right of
quiet or peaceable possession.
21. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and
assessments which, during the term hereof 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 property by reason of its use or occupancy or the terms of this lease,
provided however, that nothing herein contained shall prevent Lessee from contesting any
increase in such tax or assessment through procedures outlined in State statutes.
22. SPECIAL SERVICES: Lessee agrees to pay the City a reasonable charge
for any special services or facilities not provided for herein if requested by Lessee in writing, and
if the City agrees to provide such services or facilities.
23. 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 venturer of Lessee
in the conduct of business on the demised premises; and it is expressly understood and agreed
that the relationship between the parties hereto is, and shall at all times remain landlord and
tenant.
24. DEFAULT BANKRUPTCY, ETC.: If the Lessee shall make any
assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is
appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the
appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is
filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City
may, upon giving the Lessee thirty (30) days' notice, terminate this lease.
25. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant rumiing with the land, that:
(a) No person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities;
Lease of Airport Lands — Page 7 of 17
Page 40 of 77
Lessor: _
Lessee:
(b) In the construction of any improvements on, over or under such land and
the furnishing of services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation, denied the benefits of, or
otherwise be subjected to discrimination;
(c) The Lessee shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally- assisted Programs of the Department of
Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
(d) In the event facilities are constructed, maintained, or otherwise operated
on the said property described in this Lease, for a purpose involving the provision
of similar services or benefits, the Lessee shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended.
26. 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
such declaration was not made.
27. MODIFICATIONS: No lease may be modified orally or in any manner
other than by an agreement in writing, signed by all parties in interest or their successors in
interest. Any such modification shall require Council approval.
28. WARRANTY: The City does not warrant that the property which is the
subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied
that it shall be profitable or suitable to employ the property to such use.
29. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and
enforce reasonable rules and regulations governing the demised premises and the public areas
and facilities used in connection therewith. Except in cases of emergency, no rule or regulation
hereafter adopted or amended by the City shall become applicable unless Lessee has been given
thirty (30) days notice of adoption or amendment thereof.
30. NON - LIABILITY: City shall not be liable to Lessee for any diminution or
deprivation of possession, or of Lessee's right hereunder, on account of the exercise of any such
right or authority as provided in this or the preceding section, nor shall Lessee be entitled to
Lease of Airport Lands — Page 8 of 17
Page 41 of 77
Lessor:
Lessee:
terminate the whole or any portion of the leasehold estate herein created, by reason of the
exercise of such rights or authority, unless the exercise thereof shall so interfere with Lessee's use
and occupancy of the leasehold estate as to constitute a termination in whole or in part of this
lease by operation of law in accordance with the laws of the State of Alaska and of the United
States made applicable to the states.
31. FINANCING:
(a) Lessee, after giving written notice thereof to the City, may encumber by
mortgage, deed of trust, assignment or other appropriate instrument, Lessee's
interest in the leased premises and in and to this Lease, provided such
encumbrance pertains only to such leasehold interest and does not pertain to or
create any interest in City's title to the leased premises. If such mortgage, deed of
trust, or assignment shall be held by a bank or other established lending or
financial institution (which terms shall include an established insurance company
and qualified pension or profit sharing trust) and such institution shall acquire the
Lessee's interest in such Lease as a result of a sale under said encumbrance
pursuant to a foreclosure or other remedy of the secured party, or through any
transfer in lieu of foreclosure, or through settlement of or arising out of any
pending or contemplated foreclosure action, such lending institution shall have the
privilege of transferring its interest in such Lease to a nominee or a wholly owned
subsidiary corporation with the prior consent of the City, provided, however, such
transferee shall assume all of the covenants and conditions required to be
performed by the Lessee, whereupon such lending institution shall be relieved of
any further liability under such Lessee from any default after such transfer. Such
lending institution or the nominee or wholly owned subsidiary corporation to
which it may have transferred such Lease, or any other lending institution which
may at any time acquire such lease shall be relieved of any further liability under
such lease from and after a transfer of such lease.
(b) A leasehold mortgagee, beneficiary of a deed of trust or security assignee,
shall have and be subrogated to any and all rights of the Lessee with respect to the
curing of any default hereunder by Lessee.
(c) If the holder of any such mortgage, or the beneficiary of any such deed of
trust, or the security assignee shall give the City before any default shall have
occurred in the Lease, a written notice containing the name and post office address
of such holder, the City shall thereafter give to such holder a copy of each notice
of default by the Lessee at the same time as any notice of default shall be given by
the City to the Lessee, and the City will not thereafter accept any surrender or
enter into any modification of this Lease without the prior written consent of the
holder of any first mortgage, beneficial interest under a first deed of trust, or
security assignee, in this Lease.
Lease of Airport Lands — Page 9 of 17
Page 42 of 77
Lessor:
Lessee:
(d) If, by reason of any default of the Lessee, either this lease or any extension
thereof shall be terminated at the election of the City prior to the stated expiration
therefor, the City will enter into a new Lease with the leasehold mortgagee for the
remainder of the term, effective as of the date of such termination, at the rent and
additional rent, and on the terms herein contained, subject to the following
conditions:
(1) Such mortgagee, beneficiary or security assignee, shall make written
request to the City for such new Lease within twenty (20) days after the
date of such termination and such written request shall be accompanied by
a payment to the City of all sums then due to the City under this Lease.
(2) Such mortgagee, beneficiary, or security assignee, 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.
(3) Such mortgagee, beneficiary, or security assignee shall, on or before
the execution and delivery of such new Lease, perform all the other
conditions required to be performed by the Lessee to the extent that the
Lessee shall have failed to perform such conditions.
(e) If a lending institution or its nominee or wholly owned subsidiary
corporation shall hold a mortgage, deed of trust, or similar security interest in and
to this Lease and shall thereafter acquire a leasehold estate, derived either from
such instruments or from the City, and if such institution, nominee, or corporation
shall desire to assign this Lease or any new Lease obtained from the City (other
than to a nominee or to a wholly owned subsidiary corporation as permitted by the
above provisions) to an assignee who will undertake to perform and observe the
conditions in such Lease required to be performed by the Lessee, the City shall not
unreasonably withhold its consent to such assignment and assumption, and any
such lending institution, nominee, or subsidiary shall be relieved of any further
liability under such Lease from and after such assignment. If the proposed
assignor shall assert that the City is unreasonably withholding its consent to any
such proposed assignment, such dispute shall be resolved by arbitration.
32. HAZARDOUS MATERIALS AND HAZARDOUS WASTE: City and
Lessee agree that each shall comply with all applicable laws and regulations concerning
hazardous chemicals and other hazardous materials, and shall properly store, transfer and use all
Lease of Airport Lands — Page 10 of 17
Page 43 of 77
Lessor:
Lessee:
hazardous chemicals and other hazardous materials and not create any environmental hazards on
the lands leased herein.
Should any hazardous chemicals or hazardous materials of any kind or nature
whatsoever, or hazardous wastes to be released by Lessee upon the subject lands during the term
of this lease, Lessee shall immediately report such release to the City Manager or other
appropriate City official and to any other agency as may be required by law, and Lessee shall, at
its own cost, assess, contain and clean up such spilled materials in the most expedient manner
allowable by law.
City and Lessee agree to hold harmless and indemnify the other from, and to
assume all duties, responsibilities and liabilities at the indemnifying party's sole cost and expense
(for payment of penalties, sanctions, forfeitures, losses, costs or damages), for responding to any
action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding
which is related to (i) failure to comply with any local, state or federal statutes, regulations, or
ordinances pertaining to hazardous chemicals, hazardous materials, hazardous wastes, or any
environmental conditions or matters as may now or hereafter be in effect, and (ii) any
environmental conditions that arise out of or are in any way related to the condition of the
property or activities conducted by the party thereon, unless the environmental conditions that are
caused by the other party. The indemnifications of this paragraph specifically include reasonable
costs, expenses and fees incurred in connection with any investigation of property conditions or
any clean-up, remediation, removal or restoration work required by any governmental authority.
The provisions of this paragraph will survive the expiration or termination of this right to
terminate this Lease upon notice to the City of Kenai. Interference is defined as anything that
prohibits the uses specified in Section 3 of this lease.
As used herein, "hazardous chemical" means a chemical that is a physical hazard
or a health hazard.
As used herein, "hazard material" means a material or substance, as defined in 49
C.F.R. 171.8, and any other substance determined by the federal government, the state of Alaska
or City of Kenai, to pose a significant health and safety hazard.
As used herein, "hazardous waste" means a hazardous waste as identified by the
Environmental Protection Agency under 40 C.F.R. 261, and any other hazardous waste as
defined by the federal government, the state of Alaska or City of Kenai.
The covenants and obligations described in this article shall survive the
termination of this lease.
33. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable
laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting
the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings,
Lease of Airport Lands — Page 11 of 17
Page 44 of 77
Lessor:
Lessee:
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:
(a) From the consequences of any violation of such laws, ordinances, and/or
regulations; and
(b) From all claims for damages on account of injuries, death, or property
damage resulting from such violation.
(c) Lessee further agrees it will not permit any unlawful occupation, business,
or trade to be conducted on said premises or any use to be made thereof contrary
to any law, ordinance, or regulation as aforesaid with respect thereto, including
zoning ordinances, rules and regulations.
34. CARE OF PREMISES: Lessee, at its own cost and expense shall keep the
leased premises, all improvements which at any time during the term of this Lease may be
situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair
during the entire term of this Lease.
35. SANITATION: The Lessee shall comply with all regulations or
ordinances of the City that are promulgated for the promotion of sanitation. The premises of the
lease shall be kept in neat, clean, and sanitary condition, and every effort shall be made to
prevent the pollution of water.
36. LESSEE'S OBLIGATION TO 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 leased premises or improvements 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 said premises or improvements by or at the direction or
sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as
contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien.
On final determination of such lien or such claim for lien, Lessee will immediately pay any
judgement rendered with all proper costs and charges and shall have such lien released or
judgement satisfied at Lessee's own expense.
37. CONDEMNATION: In the event the leased 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 such condemnation, there shall be such division of the proceeds,
such abatement in rent payable during the term or any extension of the term hereof, and such
other adjustments as the parties may agree upon as being just and equitable under all the
Lease of Airport Lauds — Page 12 of 17
Page 45 of 77
Lessor:
Lessee:
circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an
award has been paid into Court, upon what division, annual abatement in rent, and other
adjustments are just and equitable, the dispute shall be determined by arbitration.
38. PROTECTION OF SUBTENANTS: To protect the position of any
subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted Lessee
hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender
of this Lease (the ground lease), the City will accept the Subtenant, its successors and assigns, as
its lessee for a period equal to the full unelapsed portion of the term of the sublease, including
any extensions or renewals thereof, not exceeding the term of this Lease, upon the same
covenants and conditions therein contained, to the extent that said covenants and conditions are
not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall
make full and complete attomment to the City for the balance of the term of such sublease so as
to establish direct privity of estate and contract between the City and the subtenant with the same
force and effect as though such sublease was originally made directly between the City and such
subtenant; and further provided such subtenant agrees to comply with all the provisions of the
ground lease and all the terms of any mortgage, deed of trust, or security assignment to which
such leasehold estate is subject, except the payment of rent under the ground lease and the
payment of any debt service under any such mortgage, deed of trust, or security assignment.
39. 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 herein.
40. GOVERNING LAW: This indenture of Lease shall be governed in all
respects by the laws of the State of Alaska.
41. NOTICES:
(a) Any notices required by this Lease shall be in writing and shall be deemed to
be duly given only if delivered personally or mailed by certified or registered mail
in a prepaid envelope addressed to the parties at the address set forth in the
opening paragraph of this lease unless such address has been changed pursuant to
sub - paragraph (b) hereafter, and in that case shall to the most recent address so
changed.
Any notice so mailed shall be deemed delivered on the date it is deposited in a
U.S. general or branch post office.
The City shall also mail a copy of any notice given to the Lessee, by registered or
certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust,
security assignee) who shall have given the City notice of such mortgage, deed of
trust, or security assignment.
Lease of Airport Lands — Page 13 of 17
Page 46 of 77
Lessor:
Lessee:
(b) Any such addresses may be changed by an appropriate notice in writing to all
other parties affected provided such change of address is given to the other
parties by the means outlined in paragraph (a) above at least fifteen (15) days prior
to the giving of the particular notice in issue.
42. RIGHTS OF MORTGAGEE OR LIENHOLDER: In the event of
cancellation or forfeiture of a lease for cause, the holder of a property recorded mortgage, deed of
trust, conditional assignment or collateral assignment will have the option to acquire the Lease
for the unexpired term thereof, subject to the terms and conditions as in the original lease.
43. ENTRY AND RE- ENTRY: In the event that the Lease should be
terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event
that the demised lands or any part thereof should be abandoned by the Lessee during said term,
the Lessor or its agents, servants, or representatives may, immediately or any time thereafter,
re- enter, and resume possession of said lands or such part thereof, and remove all persons and
property therefrom, either by summary proceedings or by a suitable action or proceeding at law
without being liable for any damages therefor. No re -entry by the Lessor shall be deemed an
acceptance of a surrender of the Lease.
44. RETENTION OF RENTAL: In the event that the Lease should be
terminated because of any breach by the Lessee as herein provided, the rental payment last made
by the Lessee shall be retained by the Lessor as partial or total damages for said breach.
45. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge
of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance
or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a
waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any
covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor,
unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right
of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt,
by the Lessor, of any rent or any other sum of money after the termination, in any manner, of
the term therein demised, or after the giving of the Lessor of any notice thereunder to effect such
termination, shall not reinstate, continue, or extend the resultant term therein demised, or
destroy, or in any manner impair the efficacy of any such notice of termination as may have
been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of
money or other consideration, unless so agreed to in writing and signed by the Lessor.
46. BUILDING AND ZONING CODES: Leased lands shall be utilized in
accordance with the building and zoning ordinances and rules and regulations of said authority.
Failure to do so shall constitute default.
Lease of Aiipori Lands — Page 14 of 17
Page 47 of 77
Lessor:
Lessee:
47. 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
within the area wherein the leased premises are located.
48. PERSONAL USE OF MATERIALS: All coal, oil, gas and other
minerals and all deposits of stone or gravel valuable for extraction or utilization are excepted
from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell
or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material
valuable for building or commercial purposes; provided, however, that material required for the
development of the leasehold may be used if its use is first approved by the City Manager.
49. MUTUAL CANCELLATION: Leases in good standing may be cancelled
in whole or in part at any time upon mutual written agreement by Lessee and the City Council.
50. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold
premises to be used for an unlawful purpose.
51. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of
leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be
required by duly authorized Borough, State or Federal agencies.
52. REQUEST TO PURCHASE: If the tract of land proposed to be sold is
leased land where the lease sets forth a development schedule, the lessee may request the sale of
said land at not less than fair market value. The current lessee obtains the right to request a sale
only after, to the satisfaction of the City Manager, completed development as detailed in the
development schedule that has been incorporated into the lease agreement. The decision whether
or not to sell the property rests within the sole discretion of the City.
53. NOTICE OF CONSTRUCTION: Lessee agrees to notify the City in
writing three days prior to commencing any construction project valued in excess of $1,000.00
upon the property. Lessee agrees to assist in the posting of a notice of non - responsibility and
maintenance of the notice upon the property during construction. Lessee agrees that in the event
of the Lessee's failure to notify the City as provided above, Lessee shall indemnify the City
against any materialmen's liens as defined in AS 34.35.050 which arise as a result of construction
upon the premises.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and
year stated in the individual acknowledgments below.
Lease of Airport Lands — Page 15 of 17
Page 48 of 77
Lessor:
Lessee:
LESSOR:
CITY OF KENAI
By:
Rick R. Koch
City Manager
LESSEE:
BUCCANEER ALASKA OPERATIONS, LLC
UA
(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, Name:
Title: , of BUCCANEER ALASKA OPERATIONS, LLC, 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 16 of 17
Notary Public for Alaska
My Commission Expires:
Page 49 of 77
Lessor:
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.
Notary Public for Alaska
My Commission Expires:
Approved as to lease form by City Attorney:
Approved by Finance Director:
Lease approved by Council on
Sandra Modigh, City Clerk
RETURN TO:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Lease of Airport Lands — Page 17 of 17
Page 50 of 77
Lessor:
Lessee:
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THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 52 of 77
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2725 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT FROM THE RASMUSON FOUNDATION IN THE
AMOUNT OF $21,376 AND MATCHING FUNDS IN THE AMOUNT OF $10,000 FROM
THE FRIENDS OF THE KENAI COMMUNITY LIBRARY AND $1,000 FROM THE TOTEM
TRACERS GENEALOGICAL SOCIETY FOR THE PURCHASE OF EQUIPMENT AND
FURNISHINGS AT THE LIBRARY.
WHEREAS, the City of Kenai received a grant from the Rasmuson Foundation in the
amount of $21,367 for the purchase of equipment and furnishings at the Library; and,
WHEREAS, the Friends of the Kenai Community Library have pledged $10,000 in
matching funds for this grant; and,
WHEREAS, the Totem Tracers Genealogical Group has pledged $1,000 in matching
funds for this grant; and,
WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant and
matching funds for the purpose intended.
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 the City Manager is authorized to accept the Grant from the
Rasmuson Foundation in the amount of $21,376 and matching funds from the
Friends of the Kenai Community Library and Totem Tracers Genealogical Society in
the respective amounts of $10,000 and $1,000 for the purchase of equipment and
furnishings at the Library and to execute the grant agreement and to expend the funds
to fulfill the purpose and intent of this Ordinance.
Section. 3 That estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Donations $32,367
Increase Appropriations:
Library - Small Tools $32,367
New Text Underlined; [DELETED TEXT BRACKETED]
Page 53 of 77
Ordinance No. 2725 -2013
Page 2 of 2
Section 4. That pursuant to KMC 1.15.070(f this Ordinance shall take effect
immediately upon adoption
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6 day of November,
2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk o�
Approved by Finance:
Introduced: October 16, 2013
Adopted: November 6, 2013
Effective: November 6, 2013
New Text Underlined; DELETED TEXT
Page 54 of 77
"Villaye with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 III
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11 I1
1992
MEMOO
TO: Rick Koch
FROM: Mary Jo Joiner
DATE: October 7, 2013
SUBJECT: Ordinance regarding Rasmuson Tier 1 Grant
The library received notification that our Tier 1 grant application with the Rasmuson
Foundation has been funded. The grant is for $21,367 which will fund the purchase of
equipment and furnishings.
The Friends of the Library are contributing matching funds of $10,000 to help fund a
self -check station. The Totem Tracers genealogical group is contributing matching funds
of $1,000 to help fund the cost of a new ScanPro machine which allows users to scan
microfilm and fiche to print or email.
Other furnishings include a book display unit, a podium, more library book carts, a
handheld unit for circulation in the stacks and a sound system for the meeting rooms.
Page 55 of 77
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 56 of 77
CITY OF KENAI
PLANNING & ZONING COI
OCTOBER 10, 2013 — 7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. 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, P. Bryson, B. Shiflea, H. Knackstedt, K. Peterson,
D. Fikes
Commissioners absent: J. Arness (excused)
Staff /Council Liaison present: Acting Planner N. Carver, Council Member T. Navarre, City Clerk
S. Modigh
A quorum was present.
c) Agenda Approval
Commissioner Twait requested the following changes to the agenda:
ADD: 1 E — Correspondence from Commissioner Arness requesting excused absence.
4A — PZ13 -37 American Legion Plat Map of City utilities
7A— Buccaneer AK Operations, LLC. Power Point presentation from October 2, 2013.
MOTION:
Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner
Shiflea SECONDED the motion. There were no objections. SO ORDERED.
d) Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
e) 'Excused Absences
Approved by consent agenda.
Page 57 of 77
'All items listed with an asterisk (') are considered to be routine and non - controversial by
the Commission and will be approved by one motion. There will be no separate discussion
of these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2. 'APPROVAL OF MINUTES — September 11, 2013
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT —None.
4. CONSIDERATION OF PLATS
a) PZ13 -37 —Preliminary Original Townsite of Kenai American Legion Replat and ROW
Vacation, Submitted by Integrity Surveys, 820 Set Net Drive, Kenai, AK
Acting Planner Carver reviewed the staff report included in the packet, recommending approval
with no contingencies.
MOTION:
Commissioner Shiflea MOVED to approve PZ13 -37 and Commissioner Peterson SECONDED
the motion.
Twait opened the meeting for public comment; there being no one wishing to speak, the public
comment was closed.
Commissioner Bryson noted his support of the plat.
VOTE:
Commissioners voting YEA: Bryson, Knackstedt, Peterson, Twait, Shiflea, Fikes
Commissioners voting NAY:
MOTION PASSED UNANIMOUSLY.
5. PUBLIC HEARINGS — None.
6. UNFINISHED BUSINESS —None.
7. NEW BUSINESS
a) Application to Lease Airport Lands Outside the Kenai Municipal Airport Reserve by
Buccaneer Alaska Operations, LLC for Lot 8, Kenai Industrial Park Subdivision for the
purpose of a Natural Gas Production Facility (Gas Manufacturer /Storage); Operation of
Class II Injection Facility (Storage /Disposal of Onsite and Offsite Materials) —
PLANNING AND ZONING COMMISSION MEETING
October 9, 2013
PAGE 2
Page 58 of 77
Discussion /Recommendation.
Acting Planner Carver reviewed the amended lease which included operation of a Class II
Injection Facility for the storage /disposal of onsite and offsite materials. Carver advised the
amended lease complied with the Comprehensive Plan and the zoning code.
It was noted that Council, at its October 2 meeting, approved a special use permit allowing
Buccaneer to begin its operations on a temporary basis prior to execution of the long -term lease
which will expire upon execution of said lease or in September 2014.
MOTION:
Commissioner Shiflea MOVED to recommend Council approval of the Application to Lease
Airport Lands Outside the Kenai Municipal Airport Reserve by Buccaneer Alaska Operations,
LLC for Lot 8, Kenai Industrial Park Subdivision for the purpose of a Natural Gas Production
Facility; Operation of Class II Injection Facility (Storage /Disposal of Onsite and Offsite Materials)
and Commissioner Peterson SECONDED the motion.
Twait opened the meeting for public comment.
Buccaneer Consultant Bob Britch explained the need for the Disposal Facility and Class II
Injection Well. Discussion ensued regarding the disposal of waste materials and required
permits which have already been secured by Buccaneer.
Commissioner Knackstedt requested secured permits be provided to the commission for review
in the next meeting packet.
Carver further noted the amended lease would be 30 years versus the current 20 years.
VOTE:
Commissioners voting YEA: Bryson, Knackstedt, Peterson, Twait, Shiflea, Fikes
Commissioners voting NAY:
MOTION PASSED UNANIMOUSLY.
8. PENDING ITEMS
a) Storefront Improvement Program.
9. REPORTS
a) City Council — Council Member Navarre reviewed the action agenda of the September
18 and October 2 City Council meetings included in the packet.
b) Borough Planning — Commissioner Bryson reviewed the September 23 Borough
Planning Commission agenda included in the packet.
PLANNING AND ZONING COMMISSION MEETING
October 9, 2013
PAGE 3
Page 59 of 77
c) Administration
• Advised that administration has not provided direction on how to prioritize requested
work session topics, but that the commission would prioritize at its next meeting.
• Noted she would be out of the office until October 22.
• Reported Council approved funds for commissioners to attend the Planning
conference in Anchorage this November. Requested an email from individuals
interested in attending with travel dates.
10. PERSONS PRESENT NOT SCHEDULED — None.
11. INFORMATION ITEMS
a) PZ Resolutions — 3rd Quarter Report
b) Building Permits — 3rd Quarter Report
c) Code Violation — 3rd Quarter Report
12. NEXT MEETING ATTENDANCE NOTIFICATION —October 23, 2013
• Council Member Navarre advised he would be out of town on October 23, but
would have another council member attend in his absence.
13. COMMISSION COMMENTS & QUESTIONS — None.
14. ADJOURNMENT
There being no further business to come before the Commission, the meeting was adjourned at
7:50 p.m.
Minutes prepared and submitted by:
Sandra Modigh, CMC
City Clerk
PLANNING AND ZONING COMMISSION MEETING
October 9, 2013
PAGE 4
Page 60 of 77
Municipal Airport
Airuort Improvement Program:
October 2013
Airport Manager's
Report
Master Plan — The Phase II report containing Facilities Requirements, Alternatives,
and Environmental Conditions is under review by the Technical Advisory Committee.
Aeronautical Survey for GIS Mapping Project — The FAA grant was accepted and the
project is moving forward.
Tree Obstruction Clearing Project: The project is substantially complete; seeding has
been established and the reforestation project has been completed.
Airfield Marking — The project was bid, the FAA grant has been received, and the
project will begin in the Spring of 2014.
In- house:
Recruiting Temporary Equipment Operators - The Airport is advertising from
September 8th through the October 4, 2013 for temporary equipment operators for the
2013 -2014 winter seasons.
Annual Pre - Season Snow Operations Meeting — This is an FAR 139 requirement for
tenants, operators and airport personnel. The meeting will be held on Thursday,
October 10th at 10:00am in the City Council Chambers. Items of discussion will be radio
communications, movement/nonmovement areas, airport familiarization, snow removal
priorities, equipment rules, fueling and tenant responsibilities.
2013 -010
Page 61 of 77
PARKS &RECREATION MID -MONTH REPORT
October 2013
eke afyaf
KENAI SKA
October is typically another busy month for the Parks & Recreation Department with a
great deal of effort going toward cleaning, servicing, and storing of summer equipment,
general house cleaning, winterization of parks and related facilities, removing seasonal
flowers, and planning for winter maintenance activities.
The following are some activities and maintenance tasks that have occurred since mid -
September:
• KCHS Senior Civic activities — a number of projects are either in progress or have been
completed to date. Projects include: children's garden, restoration of disturbed area at
end of 5th Ave, construction of compost bin, painting of dugouts, and installation of
moose protection on trees at LH Memorial Park.
• Trees along right -of -way areas and park areas caged or wrapped for moose protection.
• Brush and small trees removed along fence at skatepark.
• Repair work to flagpole halyard at the Airport Triangle green strip.
• Final mowing to the soccer fields in preparation for end of Sept. soccer tournament
(Christian School soccer tournament with total of 10 teams).
• Cleaning and picking up of flower boxes and whiskey barrels.
• Removal of flowers from various beds and circle planters (ongoing). Dahlias potted for
winter storage.
• Removal of banners on Airport Way and Willow Street (Spur Hwy pending).
• Termination of electrical power to score clock at KLL Field #3. Scheduling a time to
have new one installed this fall.
• Bridge and trail construction along Ryan's Creek (north of Airport Way).
• Mounted new veteran's memorial at LH Memorial Park. Thanks to CH2MHill for the
concrete work.
• Kenai River Marathon (September 29th) — 300 runners.
• Prepped site for delivery and installation of steam donkey at Kenai Visitors & Cultural
Center.
• Winterization of park facilities (restrooms, sprinklers, concession buildings, water lines,
pumps, etc.).
• Installed 5 Canada Reds along Willow Street.
• Brush clearing along fence line at City Yard.
• Crew began wrapping of trees at LH Memorial Park.
Page 62 of 77
u
\� the cu!�of X�
KENALA ASKA
FIRE DEPARTMENT MID -MONTH REPORT
September 2013
October is Fire Prevention Month in Alaska! Check the batteries in your smoke detectors!
Every year during the month of October, our crews have the chance to get out into the schools and teach kids
about the importance of fire safety. It has been a long standing tradition here at the department that we continue
today. Our Fire Safety house has been working in the schools for 21 YEARS! It is still a hit with the schools
aged kids and we are excited to think that now there is a second generation of kids going through it! This is a
testament to the durability of this training tool. In the first 4 days of Fire Prevention teaching, we have taught 420
kids about escape plans, smoke detectors and how to safely escape their home in case of a fire. We will continue
to work in the schools for the rest of the month.
On Saturday October 5`h, we participated in the Home Depot safety days along with Kenai PD, Nikiski and CES
d other agencies around the community. It was a great opportunity to talk with citizens about home safety and
. nswer any questions they had.
We had three members of the department attend Paramedic refresher training in Soldotna this past week. This is a
mandatory refresher training that maintains their proficiency and their licensing. FF Pete Coots is currently
finishing up his Paramedic ride along in Mesa Arizona. From the information we have been getting, he is
experiencing quite a lot in a community that size in a relatively short amount of time. Battalion Chief Tony Prior
attended the Texas A &M Industrial Fire School and was sponsored by TESORO to attend. This is part of the
continuing agreement we have for the sale of the old ambulance to the local Tesoro plant.
Run volume for the department is up about 1.5% up from last year at this time. We are continuing to stay
involved with Safe Kids and doing car seat checks at the Fire Station. Kenai Peninsula College is still sending
students to our station for their Paramedic ride along program.
As a final note, a former member of our Fire Department lost a son in a car accident this week. Our thoughts and
prayers go out to he and his family.
Page 63 of 77
POLICE DEPARTMENT MID -MONTH REPORT
_ — September 2013
Etiecc�vf
KENAI� SKA
TO: Rick Koch — City Manager
FROM: Gus Sandahl — Police Chief!"ri?-
DATE: 10/9/13
SUBJECT: Police 8, Communications Department Activity — Month of September 2013
Police handled 627 calls for service. The Communications Center received 284 emergency 9 -1-
1 calls (214 from cell phones).
Officers made 59 arrests and wrote 260 reports
Traffic enforcement resulted in 150 warnings, 66 speeding tickets, 2 seatbelt tickets, 5 citations
for equipment violations, and 32 citations for "other" traffic violations.
There were 5 DUI arrests (0 felony). Police investigated 9 vehicle crashes. None of the crashes
were DUI - related, and 2 of the crashes involved a moose.
SRO Prins provided a digital media presentation to 50 people. He also handled 4 school -
related investigations. He was present for the KCHS homecoming festivities
(parade /bonfire /dance). He also attended KCHS site council and attended KMS open house.
The Kenai Police Department is continuing to maintain an elevated presence (in addition to
SRO presence) in Kenai schools.
Mr. Robert Ivy was hired as a dispatcher, and will start work October 14. He is a veteran
dispatcher from another Police Department in Alaska.
Page 64 of 77
vm" c wtim u ran, vcc wtwt H rmwrc
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 l Iftjaml
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1111 If
KENAI, ALASKA 1992
XZ
MEMO:
TO: Chief Gus Sandahl, Lt. Dave Ross I
FROM: Cora Chambers - Kenai Animal Shelter
DATE: 1018113
SUBJECT: September Monthly Report
Disposition
This Month Kenai Animal Shelter took in 120 total animals.
Adopted
Here is a breakdown of animal intake and disposition.
Euthanized
Does: 84
Claimed
Intake Disposition
DOA
Waiver 47 Adopted
36
Stray 24 Euthanized
16
Impound 2 Claimed
8
DOA 9 DOA
9
Protective Custody 2 Field Release
0
Quarantine (2)* Transferred to Rescue
18
Other
*2 dogs were quarantined for rabies observation for 10 days, and signed over to the Kenai Animal Shelters custody. One
of these dogs was from Kenai, the other was from Sterling.
Cats: 35
Intake
Waiver
Stray
Impound
DOA
Protective Custody
Other Animals: 1
Birds:
Protective Custody
Ferrets : In From August
2 Citations Issued by Officer Mallette for Dog to be Restrained
38 Animals were left in the overnight drop off kennels.
31 Animals are known borough animals
46 Field Investigations & patrols
14
12
2
0
3
0
558 Total Phone Calls
198 Volunteer Hours
0 Kennel Permits
Community Projects: Kenai Animal Shelter Teamed up with Home Depot and local sponsors and held its first annual
IGITADOG Adoption Fair, Successfully Adopting out 9 dogs!
Page 65 of 77
Disposition
16
Adopted
16
Euthanized
0
Claimed
0
DOA
3
Transferred to Rescue
Other
1
Claimed 1
Adopted 2
2 Citations Issued by Officer Mallette for Dog to be Restrained
38 Animals were left in the overnight drop off kennels.
31 Animals are known borough animals
46 Field Investigations & patrols
14
12
2
0
3
0
558 Total Phone Calls
198 Volunteer Hours
0 Kennel Permits
Community Projects: Kenai Animal Shelter Teamed up with Home Depot and local sponsors and held its first annual
IGITADOG Adoption Fair, Successfully Adopting out 9 dogs!
Page 65 of 77
KENAI SENIOR CENTER
October 2013 REPORT
the city o f /
KENAIALASKA
To:
Rick Koch, City Manager
From:
Rachael S. Craig, Senior Center Director
Date:
October 3, 2013
Total September Meal Count 2013 Served:
Total Congregate Meals Served: 1,028
Total Home Meals Served: 2,105
Total September Meal Count 2012 Served:
Total Congregate Meals Served: 1,356
Total Home Meals Served: 1,931
Senior Center was rented once in September
Volunteers provided 987.45 service hours.
18 seniors participated in a Hurricane Gulch Train Trip with an overnight stay at the Denali Lodge. The seniors
really enjoyed the trip and anxiously waiting for another trip! T he conductor of the train was very attentive to the
seniors sharing history, pointing out places of interest and telling past "train stories." He had worked on the
Alaska Railroad for 39 years!
This month we have focused on special "subjects of interest" luncheons. 55 seniors shared "Grandparents" Day
through bringing pictures of their grandkids and great - grandkids as well as claiming "bragging rights" and stories
while sharing pictures with each other. Another special lunch was "National TV Dinner" Day. 46 seniors ate a
TV Dinner and viewed an old "I Love Lucy" show. We had a special guest on "National Fall Prevention
Awareness Day," who demonstrated how and what to watch out for so a senior doesn't fall! 34 seniors were in
attendance, participated in lunch and watched the skit.
The Admin. Assistant had 18 senior appointments assisting seniors with heating assistance.
The Bell Ringers and Line Dancers entertained at our senior center as well as sharing talents with For - Get -Me Not
Adult Day Center and Heritage Place.
On September 20 Activity/Volunteer Coordinator escorted 7 seniors to the Snowshoe Gun Club. Everyone
enjoyed the adventure, but for one senior male, it was quite a "healing" experience. This past winter he had major
heart issues that resulted from open heart surgery as well as a pacemaker placed. He did not bounce back like
expected; in fact we are thankful he is still with us. His wife encouraged him to go with her and attend the gun
class. Through target shooting he was able to see he "could still do things" he had enjoyed in the past. He was
very grateful for the class. Since the gun class, the experience was so healing he is now improving at a much faster
pace since the class.
Senior Connection, Inc. and Frontier Community Services fundraiser was held the 27 and 28 of September. It was
a success; many people enjoyed the 50's theme, came in costume and table groups shared in answering the 10
trivia questions to solve the mystery of "who done it!"
Page 66 of 77
4
Me cltvW
To: Rick Koch, City Manager
FINANCE DEPARTMENT MID -MONTH REPORT
`1z From: Terry Eubank, Finance Director
Date: October 10, 2013
Re: Monthly Report
October 2013
Auditors completed their fieldwork on September 27`h and a draft of the FY2013
Comprehensive Annual Financial Report is near completion and will then be
submitted for review by the City's auditor for their final review. Presentation to
the Council should be at one of the December Council meetings.
The department has been working with the Police Department to finalize the
City's Dip Net report. The report is a summation of information from various
departments and includes a detailed analysis of the cost to operate the event.
Preparation will soon begin for the FY15 annual budget. Historical and future
projections are provided to departments in December to assist in their budget
preparation and much work takes place in putting this information together.
I have just returned from a insurance conference for which my attendance was
paid by the City's insurer, Alaska Public Entity Insurance. The training is
excellent and is just another service the City receives from its insurer.
KENAI COMMUNITY LIBRARY
MID -MONTH REPORT
Metityofll OCTOBER 2013
KEN ALASKA
September Circulation Figures
Adult Fiction
1,832
Internet Access
1,581
Adult Non - Fiction
1,441
Downloadable Audio
408
Young Adult Fiction
287
Video
0
Periodicals
205
Room Booking
203
Juvenile Fiction
609
Music
101
Juvenile Non - Fiction
460
DVDs
3,041
Easy Fiction
2,032
Audio books
222
Easy Non - Fiction
328
Miscellaneous
290
Interlibrary Loan
50
Computer Programs
3
Total Print 7,244 Total Non -Print 5,441
Total Circulation
12,685
In -House circulation
333
Library Door Count.......
8,893
Downloadable Audio
408
Freegal Music
189
Downloadable EBooks
445
Our September circulation was approximately 4% higher than the same number in September 2012. In September we had
7 volunteers who worked putting in a total of almost 30 hours, There were 21 Children's programs with 389 total in
attendance and 15 adult programs with 85 participants.
Inter Library Loan logged 40 orders with 61 items received, 51 returned and 34 items lent by our library to other
institutions.
Library Cards Issued
SEPTEMBER
Income
2
Fines
$1,181.89
Xerox
58.00
Lost/Damaged
104.14
Test Proctoring Fee
100.00
Printing
337.25
Other
5.00
Total income
$1,786.28
Library Cards Issued
September
ILL
2
Internet Only
3
Kasilof
6
Kenai
43
Nikiski
15
Non Resident
6
Soldotna
25
Sterling
3
Other Peninsula
9
Organization & Other
0
Total
112
The library received notification of a grant award from the Rasmuson Foundation for our Tier 1 application. That award is
for $21,367. Matching funds of $10,000 from the Friends of the Kenai Community Library and $1,000 from the Totem
Tracers helped us to get this grant.
The next regularly scheduled meeting of the Library Commission will be on Tuesday, November 5.
Page 68 of 77
' PUBLIC WORKS DIRECTOR
CAPITAL PROJECTS MANAGER
«;ry OCTOBER 2013 MID -MONTH
KENAI,ALASKA
TO: Rick Koch, City Manager
FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager 5/AT4/
DATE: October 8, 2013
SUBJECT: Mid - Month Report; Public Works / Capital Projects
Public Works:
• Two Street Operator recruitments filled by John Savely and Vernon Logan. This marks the first time
since Mark "Curly" Langfitt's retirement that the Street crew is at full strength.
• APDES permit renewal application in progress.
• Well 2B commissioning underway.
• Boating Facility Dock Special Use Permit bid documents routed for approval.
Capital Projects:
• Maintenance Facility — Under construction. Steel to arrive soon. Interior slab construction in progress.
• Municipal Park Improvements — In closeout.
• Kenai Industrial Park — Under construction. HEA utility installed. Lift Station final major punch list item.
• Central Heights Roadway Improvements — In closeout.
• Vintage Pointe and Senior Center Siding — Construction next spring. Submittals under review.
• City Hall and Senior Center heated sidewalks — Rejected all bids. Rebid in spring.
• Police Dept Parking Lot Improvements & Citywide Asphalt and Concrete Improvements — Under
construction.
• Lift Station Radio Testing — In progress.
• Flight Service Station Upgrades — To be bid this winter.
• Meeks Trail Repair— In closeout.
• Airport Tree Obstruction Removal — In progress.
• Kenai Airport Airfield Marking — Intent to Award issued. Notice to Proceed anticipated June 1, 2014.
• Old Town Overland Ave. Sidewalk — To be bid next year.
• 55' x 120' Tent Erection — Erected. In closeout.
• Trailer Mounted Generator — Units to be inspected and scored October 24 -25.
• Reservoir RFP — In queue.
• Magic Ave. and First St. design RFP — In queue.
• Airport Carpet Replacement — In queue.
• MPF Feasibility Study — In queue.
Page 69 of 77
PZ Resolutions Third Quarter - 2013
Amend KMC
Conditional Use Permit
Preliminary Plat
Tuesday, October 01, 2013
201328
Rezone RR to CG
8/14/2013
Failed
201333
Martial Arts/Yoga /Dance Studio
7/24/2013
Approved
201332
Inlet Woods Subdivision 2013 Replat
7/10/2013
Approved
201335
Highlands SD Carsner Replat Amended
8/28/2013
Approved
201334
Darsey Subdivision
8/14/2013
Approved
Page 70 of 77
Building Permits Third Quarter - 2013
MH Inspection
85048 9/9/2013 04944199 $0.00
Summary for'Building Permit Type' = MH Inspection (1 detail record)
Sum
$0.00
New - Commercial
Tuesday, October 01, 2013 Page 71 of 77
85032
7/11/2013
03901058
$120,000.00
85033
7/12/2013
04322025
$15,000.00
B5034
7/12/2013
04703013
$450,000.00
Summary for'Building Permit Type'= New - Commercial (3 detail records)
Sum
$5851000.00
New -SFD
85030
7/2/2013
03902233
$149,400.00
B5031
7/9/2013
03901040
$450,000.00
85035
7/17/2013
04942061
$41,500.00
B5039
7/26/2013
04904009
$55,000.00
85043
8/8/2013
_ 04101138
$152,000.00
85044
8/12/2013
04522070
$334,000.00
85046
8/14/2013
04942056
$354,000.00
B5054
9/18/2013
04515103
$165,000.00
85053
9/18/2013
04515102
$110,000.00
Summary for'Building Permit Type'=
New -SFD(9
detail records)
Sum
$1,510,900.00
Other - Commercial
65040
7/30/2013
04327008
$5,000.00
85042
7/30/2013
04339048
$20,000.00
85045
8/12/2013
04336040
$3,200.00
85047
8/14/2013
04501008
$3,000.00
B5049
9/10/2013
04323018
$955,000.00
85050
9/17/2013
04105015
$2,000.00
B5051
9/17/2013
04105015
$1,400.00
B5052
9/17/2013
04317034
$25,000.00
85055
9/20/2013
03908104
$18,500.00
Summary for'Building Permit Type'=
Other - Commercial (9 detail records)
Sum
$1,033,100.00
Other -RES
85036
7/23/2013
04513056
$2,000.00
85037
7/25/2013
04101259
$3,000.00
85038
7/26/2013
04912084
$0.00
85041
7/30/2013
04950009
$25,000.00
Summary for 'Building Permit Type' =
Other -RES (4
detail records)
Sum
$30,000.00
Grand Total
$3,459,000.00
Tuesday, October 01, 2013 Page 71 of 77
LWA
'I'Villaye with 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: Rick Koch, City Manager
FROM:
Nancy Carver, Acting City Planner
DATE:
October 1, 2013
SUBJECT: Code Enforcement Action
2013 Third Quarterly Report
Planning & Zoning currently has six (6) active code cases:
Debris & Junk
1
Debris & Junk Vehicles
1
Other
1
Cases transferred to Legal Department /Civil
Penalties being assessed.
3
TOTALS:
6
Code Enforcement Action during the months of July — September 2013:
Closed Cases 11
Opened Cases 1 8
Administration is currently working with one (1) individual property owner to eliminate
violations without taking formal action.
Page 72 of 77
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Mayor Porter and City Councilors
FROM: Scott M. Bloom, City Attorney 6 /l
DATE: October 10, 2013
SUBJECT: Options Regarding Referendum Concerning Comprehensive Plan
At the October 1, 2013 regular election, 58% of the voters who voted on the issue, voted in favor
of repealing Ordinance 2681 -2013, which approved and adopted and the City's revised
comprehensive plan and recommended adoption by the Kenai Peninsula Borough. At the
October 2, 2013 council meeting, I was requested to provide information to the Council
regarding the City's options at this point. The options below are in no particular order and this
memo is not intended to advocate for or oppose any particular option.
1. Take No Action
The referendum repealed the Ordinance which has essentially the same effect as if the ordinance
had not been adopted by Council in the first place (with the exception noted below). This means
the 2013 Comprehensive Plan has not been approved and adopted or recommended to the
Borough for adoption. The prior version of the plan (adopted in 2003) will continue as if the
City had taken no further action. The difference between a referendum repealing the Ordinance
and the Council having not adopted an Ordinance is that there is not a prohibition in City Code
for bringing a failed ordinance back, but pursuant to Section 11 — 4(b) of the City's Charter "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 members."
There is not a requirement that a revised plan be adopted in any particular time frame, other then
that pursuant to AS 29.40.030, the Borough is required to "periodically undertake an overall
review of the comprehensive plan and update the plan as necessary." Additionally the City
Planning Commission, pursuant to KMC 14.05.010, is required to review the plan on an annual
basis and conduct a minimum of one public hearing, and forward its recommendations to
Council.
Page 73 of 77
Mayor Porter and City Councilors
October 10, 2013
Page 2 of 3
The Borough, which has authority pursuant to state statute for area wide planning, platting and
land use regulations' has delegated certain authority with regard to the City's Comprehensive
Plan to the City. The Borough has previously adopted the "City of Kenai Comprehensive Plan"
prepared by the City and approved by the City Council by Ordinance 2009 -2003 (the "2003
Plan'). Kenai Peninsula Borough Code 21.01.025 provides that all amendments to a
comprehensive plan for a city, except land use plan amendments, must be adopted by assembly
ordinance. This section of Borough code further clarifies that cities may recommend to the
Borough Planning Commission extensive comprehensive land use amendments, which the
Borough Assembly shall make after a recommendation from its planning commission and a
finding that there are no significant negative impacts outside the municipal district. City Code
likewise provides that the City Planning Commission acts in an advisory capacity to the Borough
Planning Commission regarding comprehensive plan amendments.2
Therefore, if the City takes no further action, the Borough, which has ultimate authority over the
comprehensive plan, could take some action, though it is unlikely it would without further action
from the City.
2. Re -Enact the Same Ordinance
This option either would require the Council to adopt the Ordinance by six votes, or would
require the Ordinance be re- enacted after two years.;
3. Revisit the Plan and Make Amendments
Council could revisit the plan at any time, through introduction of another ordinance or
resolution, or at the planning commission level to begin with, and make another recommendation
to the Borough. It is subject to interpretation whether legislation promoting a "Revised 2013
Plan" would require a vote of six council members, or have to occur two years after the election.
Again, the Charter provides in relevant part: "[t]he 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 members." 4 The Charter
prohibits amending an initiated ordinance, but does not specifically prohibit re- enacting a
different ordinance on the same subject or passing other legislation. It would be safest, however
to move forward with six votes or hold the vote two years from the date of the election to avoid a
challenge. At a minimum, if the Council were to move forward with amended legislation within
two years and without six votes, I would recommend the legislation be amended in a material
manner that addresses the concerns expressed by the voters.
'AS 29.40.010.
= KMC 14.05.010.
3 Section 11 -4(b) of Kenai Charter
4 Section 1 I -4(b) of Kenai Charter
Page 74 of 77
Mayor Porter and City Councilors
October 10, 2013
Page 3 of 3
4. Seek a Court Decision
The City Council could direct the City Attorney to seek a decision in the Superior Court that
would hold the referendum to be invalid or limit its application. Article XI Sec. 1 of the Alaska
Constitution provides that "the people may propose and enact laws by the initiative, and approve
or reject acts of the legislature by referendum." Article XI Sec. 7 limits the application of
referendums from applying to dedications of revenue, to appropriations, to local or special
legislation, or to laws necessary for the immediate preservation of the public peace, health, or
safety.
The City's Charter in Section 11 — 1 Provides:
(a) The qualified voters of the City, by the initiative, may propose and enact any
ordinance which the Council has power to enact under this Charter except as otherwise provided
in this section. Ordinances granting, extending, renewing, or amending franchises for public
utilities and ordinances regulating compensation or days and hours of work of appointive
personnel shall not be subject to the initiative.
(b) The qualified voters of the City, by the referendum, may approve or reject any
ordinance passed by the Council except as otherwise provided in this section. Ordinances
necessary for the immediate preservation of the public peace, health, or safety (herein called
emergency ordinances), shall not be subject to the referendum.
(c) Ordinances dedicating revenues, ordinances making, repealing, transferring, or
otherwise changing appropriations, and special ordinances, shall not be subject to either the
initiative or the referendum.
Alaska Statute 29.10.030 provides that a charter may not permit a referendum to be used for a
purpose prohibited in Article XI Sec. 7 of the state constitution.
While there is not case law that I am aware that directly interprets the City Charter's limitations
on referendums or initiatives, there is case law analyzing the limitations placed on the power of
the people to enact or repeal legislation under state law and other municipal codes. Prior cases
brought before the Alaska Supreme Court indicate reluctance by the Court to allow land use
management to be accomplished through the polls. While it was my opinion that the best
course of action was to certify the referendum given the standards of pre - election review, this
does not preclude a post election review on the legality of the referendum.
Y: \Opinions\] 01013 Options RE Referendum Concerning Comp Plan.docx
5 Griswold v. City o(Homer, 186 P.3d 558 (Alaska 2008) and Carmony v. Mckechnie, 217 P.3d 818 (Alaska 2009)
Page 75 of 77
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 76 of 77
Page 77 of 77
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Page 77 of 77
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE OCTOBER 16, 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. 2724 -2013 — Accepting and Appropriating Funds Forfeited to the Kenai Police
Department.
2. Resolution No. 2013 -67 — Supporting the Selection of the Nikiski Area for The Proposed Alaska
LNG Project's Natural Gas Liquefaction Plant And Terminal By ExxonMobil, BP, ConocoPhillips and
TransCanada.
3. Resolution No. 2013 -68 — Adopting the City of Kenai Capital Improvements Plan Priority List for
State and Federal Funding Requests for the Fiscal Year 2015.
4. Resolution No. 2013 -69 — Awarding a Contract to Alaska Sure Seal for Snowplowing Services at
the Kenai Airport.
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
Councypripr to adoption without further public notice.
Sandia N digh, CMC 0
City C
Posted: October 17, 2013
PUBLISHER'S AFFIDAVIT
UNITED STATES OF AMERICA,
STATE OF ALASKA Iss:
Denise Reece
being first duly
sworn, on oath deposes and says:
That I am and was at all times here
in this affidavit mentions, Supervisor of
Legals of the Peninsula Clarion, a news-
paper of general circulation and published
at Kenai, Alaska, that the
Council Agenda
#102366
a printed copy of which is hereto annexed was
published in said paper one each and
every day for one successive and
consecutive day in the issues on the
following dates:
October 14, 2013
SUBSCRIBED AND SWORN to me before
thi 14th day of October 2013
LIB ,,,N � Q Q
NOTARY PUBLIC in favor for the
State of Alaska.
My Commission expires 27- Aug -16
>P�E R US
N®TARy
rl - -V6L�G
OF XVI
A. CALL TO ORDER
1. Certification of Election
2. Administer Oaths of Office
3. Election of Vice -Mayor
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten
(10) minutes per speaker)
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. 2724 -2013 — Accepting and Appropriating Funds
Forfeited to the Kenai Police Department.
2. Resolution No. 2013.67 — Supporting the Selection of the Nikiski
Area for The Proposed Alaska LNG Project's Natural Gas
Liquefaction Plant And Terminal By ExxonMobil, BP,
ConocoPhillips and TransCanada.
3. Resolution No. 2013 -68 — Adopting the City of Kenai Capital
Improvements Plan Priority List for State and Federal Funding
Requests for the Fiscal Year 2014.
4. Resolution No. 2013.69 — Awarding a Contract to Alaska Sure
Seal for Snowplowing Services at the Kenai Airport.
E. MINUTES
1. *Regular Meeting of October 2, 2013
F. UNFINISHED BUSINESS — None
G. NEW BUSINESS
1. *ActionlApproval — Bills to be Ratified
2. *ActionlApproval — Purchase Orders Exceeding $15,000
3. *Action/ Approval — Lease of Airport Land Outside of the Airport
Reserve Identified as Lot 8, Kenai Industrial Park Subdivision,
Section 8, Township 5 North, Range 11 West, Seward Meridian,
Alaska to Buccaneer Alaska Operations, LLC for a Term of 30
Years Effective November 1, 2013.
4. *Ordinance No. 2725.2013 — Accepting and Appropriating a Grant
from the Rasmuson Foundation in the Amount of $21,376 and
Matching Funds in the Amount of $10,000 from the Friends of the
Kenai Community Library and $1,000 from the Totem Tracers
Genealogical Society for the Purchase of Equipment and
Furnishings at the Library.
H. COMMISSIONICOMMITTEE REPORTS
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
a. Options for Moving Forward with the Comprehensive Plan
Following Results of Proposition No. 1.
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION — Regarding Matters the Immediate
Knowledge of Which Would Clearly Have an Adverse Effect Upon the
Finances of the City and Matters Which Are Subject To Attorney
Client Privilege Regarding Litigation Involving Cook Inlet Natural Gas
Storage Alaska (CINGSA) — Mineral Rights, Easements and Pore
Space. [AS 44.62.310(c)(1)]
M. PENDING ITEMS —None -
N. ADJOURNMENT
The public is invited to attend and participate. Additional information is
available through the City Clerk's office or by visiting our website at
httD:l /www.ci. kenai.ak. us.
Sandra Modigh, CMC, City Clerk
Publish: 10/14/13 D8941211
�- ar
AGENDA
KENAI CITY COUNCIL —REGULAR MEETING
OCTOBER 16, 2013 — 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
A. CALL TO ORDER
1. Certification of Election
2. Administer Oaths of Office
3. Election of Vice -Mayor
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten
(10) minutes per speaker)
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. 2724 -2013 — Accepting and Appropriating Funds
Forfeited to the Kenai Police Department.
2. Resolution No. 2013.67 — Supporting the Selection of the Nikiski
Area for The Proposed Alaska LNG Project's Natural Gas
Liquefaction Plant And Terminal By ExxonMobil, BP,
ConocoPhillips and TransCanada.
3. Resolution No. 2013 -68 — Adopting the City of Kenai Capital
Improvements Plan Priority List for State and Federal Funding
Requests for the Fiscal Year 2014.
4. Resolution No. 2013.69 — Awarding a Contract to Alaska Sure
Seal for Snowplowing Services at the Kenai Airport.
E. MINUTES
1. *Regular Meeting of October 2, 2013
F. UNFINISHED BUSINESS — None
G. NEW BUSINESS
1. *ActionlApproval — Bills to be Ratified
2. *ActionlApproval — Purchase Orders Exceeding $15,000
3. *Action/ Approval — Lease of Airport Land Outside of the Airport
Reserve Identified as Lot 8, Kenai Industrial Park Subdivision,
Section 8, Township 5 North, Range 11 West, Seward Meridian,
Alaska to Buccaneer Alaska Operations, LLC for a Term of 30
Years Effective November 1, 2013.
4. *Ordinance No. 2725.2013 — Accepting and Appropriating a Grant
from the Rasmuson Foundation in the Amount of $21,376 and
Matching Funds in the Amount of $10,000 from the Friends of the
Kenai Community Library and $1,000 from the Totem Tracers
Genealogical Society for the Purchase of Equipment and
Furnishings at the Library.
H. COMMISSIONICOMMITTEE REPORTS
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
a. Options for Moving Forward with the Comprehensive Plan
Following Results of Proposition No. 1.
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION — Regarding Matters the Immediate
Knowledge of Which Would Clearly Have an Adverse Effect Upon the
Finances of the City and Matters Which Are Subject To Attorney
Client Privilege Regarding Litigation Involving Cook Inlet Natural Gas
Storage Alaska (CINGSA) — Mineral Rights, Easements and Pore
Space. [AS 44.62.310(c)(1)]
M. PENDING ITEMS —None -
N. ADJOURNMENT
The public is invited to attend and participate. Additional information is
available through the City Clerk's office or by visiting our website at
httD:l /www.ci. kenai.ak. us.
Sandra Modigh, CMC, City Clerk
Publish: 10/14/13 D8941211