HomeMy WebLinkAbout2014-12-03 Council PacketCITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE DECEMBER 3, 2014
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.
Ordinance No. 2800 -2014 — Accepting and Appropriating a Donation from Hilcorp Energy
Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner.
2. Ordinance No. 2801 -2014 — Accepting and Appropriating a Grant from the State of Alaska Library
for Employee Travel and Training.
3. Resolution No. 2014 -69 — Adopting an Alternative Allocation Method for the FY15 Shared
Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the
Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet.
4. Resolution No. 2014 -70 — Amending Article IV, Rents and Fees of the Lease Form for Airport
Reserve Lands between the City of Kenai and Legacy Electric, LLC for Lot 2, Block 1, General
Aviation Apron, Located within the Airport Reserve.
Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be
advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council
prior to adoption without further public notice.
7
Sandr' / odigh, CMC, i y Clerk
Posted: December 4, 2014
A.
C.
ACTION AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
DECEMBER 3, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.cit y
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. BRIAN GABRIEL ELECTED. Election of Vice Mayor
4. Agenda Approval
5. 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.
SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
ENACTED UNANIMOUSLY. Ordinance No. 2800 -2014 — Accepting and
Appropriating a Donation from Hilcorp Energy Company to Assist with the
Annual Kenai Senior Center Thanksgiving Dinner.
2. ENACTED UNANIMOUSLY. Ordinance No. 2801 -2014 — Accepting and
Appropriating a Grant from the State of Alaska Library for Employee Travel and
Training.
3. ADOPTED UNANIMOUSLY. Resolution No. 2014 -69 — Adopting an
Alternative Allocation Method for the FY15 Shared Fisheries Business Tax
Program and Certifying that this Allocation Method Fairly Represents the
Distribution of Significant Effects of Fisheries Business Activity in FMA 14:
Cook Inlet.
4. ADOPTED UNANIMOUSLY. Resolution No. 2014 -70 — Amending Article IV,
Rents and Fees of the Lease Form for Airport Reserve Lands between the City
of Kenai and Legacy Electric, LLC for Lot 2, Block 1, General Aviation Apron,
Located within the Airport Reserve.
E. MINUTES
APPROVED BYCONSENTAGENDA. *Regular Meeting of November 19, 2014
APPROVED BY CONSENT AGENDA. *Work Session Notes of November 20,
2014
F. UNFINISHED BUSINESS
1. APPROVED AS AMENDED. Action /Approval —Special Use Permit Between
the City Of Kenai and Hilcorp Alaska, LLC for Parking of 37 Non - Commercial
Passenger Vehicles in Designated Areas at the Kenai Municipal Airport.
[Clerk's Note: At its November 5th meeting, Council postponed this item to the
December 3rd.]
2. APPROVED AS AMENDED. Action /Approval —Consent to Sublease
between Dan O. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision,
South Addition No. 2. [Clerk's Note: At its November 5' meeting, Council
postponed this item to the December 3 d.]
G. NEW BUSINESS
1. APPROVED BY CONSENT AGENDA. *Action /Approval —Bills to be Ratified
2. APPROVED BY CONSENT AGENDA. *Action /Approval —Purchase Orders
Exceeding $15,000
INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
12117. *Ordinance No. 2802 -2014 — Amending KMC 22.05.110 —
Determination as to Need for Public Use, to Provide for Exceptions to the
Requirement that Council Consider Acquisition and Disposal of Right -of -Ways
and Easements by Ordinance for Plats and Vacations.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
12/17. *Ordinance No. 2803 -2014 — Amending Chapter 4.25 — Uniform
Plumbing Code, to Adopt the 2012 Edition of the Uniform Plumbing Code, as
Amended by the State of Alaska with Local Administrative Amendments, which
Code also Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code
and the Uniform Solar Energy Code.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
12/17. *Ordinance No. 2804 -2014 — Increasing Estimated Revenues and
Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary
Transfers in that Fund for Remaining FY2015 Projected Expenditures.
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
12/17. *Ordinance No. 2805 -2014 — Accepting and Appropriating
Supplemental Grant Funding from the Federal Aviation Administration and
from the State of Alaska for the Airfield Marking Project.
Kenai City Council Meeting Page 2 of 4
December 3, 2014
7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
12/17. *Ordinance No. 2806 -2014 — Increasing Estimated Revenues and
Appropriations by $66,847 in the Airport Fund and in the Airport Improvement
Capital Project Fund and Redirecting Previously Appropriated Amounts from
Completed Airport Projects or Projects with Excess Airport Matching Funds for
the Small Taxiways and Aircraft Tie Down Rehabilitation Project.
8. APPROVED UNANIMOUSLY. Action /Approval — Council Confirmation to
Appoint James Glendening to the Planning and Zoning Commission.
9. CURRENT CONTRACT EXTENDED UNTIL 1131115. Action /Approval —
Approving an Employment Agreement between the City of Kenai and City
Clerk Sandra Modigh.
H. COMMISSION /COMMITTEE REPORTS
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
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION — Discussion and Negotiation of the City Clerk's
Employment Agreement, a Matter of which the Immediate Knowledge would
Clearly have an Adverse Effect Upon the Finances of the City and a Subject that
Tends to Prejudice the Reputation and Character of the City Clerk [AS
44.62.310(C)(1)(2)].
M. PENDING ITEMS — None
N. ADJOURNMENT
Kenai City Council Meeting
December 3, 2014
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Notification of the Renewal of the Alaska State Elks Association Gaming Permit.
The agenda and supporting documents are posted on the City's website at
www.kenai.city. 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 -8231.
Kenai City Council Meeting Page 4 of 4
December 3, 2014
DECEMBER 3, 2014
CITY COUNCIL MEETING
REQUESTED ADDITIONS TO THE PACKET:
ITEM: REQUESTED BY:
F.1 Special Use Permit between the City and Hilcorp Alaska, LLC
• Special Use Permit and Memorandum City Manager
F.2 Consent to Sublease between Dan O. Pitts and Hilcorp Alaska
Commercial Sublease Agreement and Memorandum City Manager
"'Villaye with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II�
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 iI II
1992
MEMOO
TO: City Council
FROM: Rick Koch
DATE: December 2, 2014
SUBJECT: Unfinished Business, Item F.1, Special Use Permit Between the City
of Kenai and Hilcorp Alaska, LLC for Parking of 37 Non - Commercial
Passenger Vehicles in Designated Areas at the Kenai Municipal
Airport.
The purpose of this correspondence is to recommend Council approval of the above referenced
Special Use Permit.
Please find attached an amended Special Use Permit to replace the permit in the Council
packet. The changes to the permit are as follows:
1. Leave blank the commencement date.
2. Amend the ending date from October 31, 2015 to August 31, 2015
3. Amend the monthly fee from $4,000 to $2,158.33
The change in the ending dates recognizes the date on which Administration anticipates
recommending an increase to the fee for annual parking permits at the Kenai Municipal Airport.
The change in the monthly fee recognizes the annual parking permit fee as published in the City
of Kenai Schedule of Rates, Charges and Fees (page 2 of 12 attached).
Thank you for your attention in this matter. If you have any questions, please contact me at
your earliest convenience.
City of Kenai
Schedule of Rates, Charges and Fees
Page 2 of 12
Current Fee
KMC Section
Fee Description
Amount
AIRPORT FEES - Continued
Vehicle Parking Fees at Terminal
-short term 0 - 2 hours
FREE
-24 hours
$
7.00
- annual permit
$
700.00
annual parking permit w /electric
$
1,000.00
Vehicle Parking Fees at GA Lot
- calendar day -
$
3,00
- annual permit
$
420.00
Business Activity & Airport Access Permit
- mechanic access (per each)
$
50.00
- fueling access (annual)
$
100.00
- dispensing fee (per gallon)
$
0.02
-water extraction access (annual)
$
100.00
- non - tenant use of basin parking apron
$
75.00
-float plane parking apron (annual)
$
25.00
-Deposit/replacement proximity card fee (each)
$
100.00
- Catering /mobile food service
$
50.00
Commercial Turn Fees
-turn fee (narrow body - (1 aisle)
$
200.00
-turn fee (regional 50 - 99 seats)
$
150.00
-turn fee (commuter - fewer than 50 seats)
$
100.00
Helicopter Landing Fees
-Per Landing
$
25.00
Other Fees
-Taxi cab (per vehicle per pickup)
$
1.00
- Terminal building key replacement (per key)
$
10.00
- Aircraft ramp rental fee (per square fool per year)
$
1.31
ANIMAL CONTROL
3.05.100 (a)
Kennel Facility
$
102.00
3.05. 100 (b)
Dog License - Sterilized Dog
$
10.20
Dog License - Non - sterilized Dog
$
30.60
Lost License Replacement
$
2,04
3.05.100 (c) (1)
First Impoundment within 12 months- Dog
$
51.00
First Impoundment within 12 months- Cat
$
15.30
3.50.100 (c) (2)
Second Impoundment within 12 months- Dog
$
71.40
Second Impoundment within 12 months- Cat
$
30.60
3.05.100 (c) (3)
Subsequent Impoundment within 12 months- Dog
$
102.00
Subsequent Impoundment within 12 months- Cat
$
40.80
3.05.100 (c) (4)
Boarding Fee Animal 15lbs or less - Per Day
$
20.40
Boarding Fee Animal more than 15lbs - Per Day
$
35.70
3.05.100 (c) (5)
Dangerous Animal Impoundment
$
102.00
3.25.060 (c)
Veterinarian Service - Dog Spaying or Neutering
$
91.80
Veterinarian Service - Cat Spaying
$
81.60
Veterinarian Service - Cat Neutering
$
61.20
Veterinarian Service - Rabies Vaccination
$
20.40
N/A
Animal Waiver Fee - Dog
$
15.30
Animal Waiver Fee - Puppy /Cat
$
10.20
Animal Waiver Fee - Kitten
$
5.10
N/A
Adoption Fee
$
15.30
Page 2 of 12
SPECIAL USE PERMIT
The CITY OF KENAI (City) grants to Hilcorp Alaska, LLC ( Permittee), whose address
is P.O. Box 244027, Anchorage, Alaska 99524 -4027 a Special Use Permit for Parking at
the Kenai Municipal Airport subject to the requirements and the conditions set forth
below.
1. Premises. Permittee shall have the exclusive right to use those areas shown in the
attached diagram (Exhibit A) for the uses identified in this Permit.
2. Term. The term of this Permit shall be for one year commencing on
, 2014, and ending on August 31, 2015. Regardless of the date of signature,
this Permit shall be effective as of November 1, 2014.
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Permittee under this Permit:
A. Permit: Permittee shall pay a monthly fee of $2,158.33 for 37 parking
spaces, plus applicable sales tax. The Permitte may use additional parking spaces
in the same general area during employee "change outs."
B. Other Fees: City may assess additional fees for aviation or aviation
support activities and uses not defined in this Permit. If a fee has not been
established for those activities or services, a fee will be established by the Airport
Manager.
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees
are payable in advance of each month unless otherwise provided. In the event of
delinquency, interest at the rate of ten percent (10 %) per annum, and penalty of ten
percent (10 %) shall also be due (KMC 1.75.010). Interest shall accrue from the date due
until the date paid in full. Failure to timely make payments is grounds for termination of
this Permit.
4. Use. City authorizes Permittee's exclusive use of the Premises for the following
purpose(s):
Parking of 37 non - commercial passenger vehicles in the designated areas shown in
Exhibit A with larger numbers of vehicles only during_ personnel "chan eg outs."
Additional parking may provided as needed and available.
Special Use Permit Hilcorp (Parking) Page I of 4
Use of the Premises by Permittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
Permittee acknowledges that the use granted herein is subject to the Kenai Municipal
Code and municipal regulations governing the Kenai Municipal Airport and as those laws
and regulations may be amended from time to time.
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
5. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Permittee anywhere on the
Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred
in its activities on and access to the Kenai Municipal Airport and its exercise of the
privileges granted in this Permit.
6. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees,
and volunteers from and against all actions, damages, costs, liability, claims, losses,
judgments, penalties, and expenses of every type and description, including any fees
and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and
any fees and expenses incurred in enforcing this provision (hereafter collectively referred
to as "Liabilities "), to which any or all of them may be subjected, to the extent such
Liabilities are caused by or result from any negligent act or omission or willful
misconduct of the Permittee in connection with or arising from or out of Permittee's
activities on or use of the Premises, Permittee's access to the Kenai Municipal Airport,
and/or Permittee's exercise of the privileges granted in this Permit. This shall be a
continuing obligation and shall remain in effect after termination of this Permit.
7. Hazardous Substances and Materials. Permittee shall conform and be subject to
the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous
substances and materials.
8. No Discrimination. Permittee shall not discriminate against any person because
of the person's race, creed, color national origin, sex, age, or handicap. Permittee
recognizes the right of City to take any action necessary to enforce this requirement of
the Permit.
Special Use Permit Hilcorp (Parking) Page 2 of 4
9. Compliance with Law /Grant Assurances. This Permit, and Permittee's
activities conducted under this Permit, is subject to all executive orders, policies and
operational guidelines and all applicable requirements of federal, state, and City statutes,
ordinances, and regulations in effect during the term of this Permit.
10. No Exclusivity. The privileges granted under this Permit are not exclusive to
Permittee. City has the right to grant to others any right or privilege on the Airport.
11. Assignment. The privileges granted under this Permit are personal to Permittee
and may not be assigned by Permittee.
12. No Joint Venture. City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises or
elsewhere at the Kenai Municipal Airport.
13. No Waiver. Failure to insist upon a strict compliance with the terms, conditions,
and requirements herein contained, or referred to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms, conditions, or requirements.
14. Personal Property. Permittee shall remove any and all personal property,
including all vehicles, from the Premises at the termination of this Permit (or any renewal
thereof). Personal property placed or used upon the Premises will be removed and/or
impounded by the City, if not removed upon termination of this Permit and when so
removed and/or impounded, such property may be redeemed by the owner thereof only
upon the payment to the City of the costs of removal plus storage charges of $25.00 per
day. The City of Kenai is not responsible for any damage to or theft of any personal
property of Permittee or of its customers.
15. Termination; Default. This Permit may be terminated by either parry hereto by
giving ninety (90) days advance written notice to the other party. City may terminate the
Permit immediately, or upon notice shorter than ninety (90) days, to protect public health
and safety or due to a failure of Permittee to comply with condition or term of this Permit
which failure remains uncured after notice by City to Permittee providing Permittee with
a reasonable time period under the circumstances to correct the violation or breach.
Special Use Permit— Hilcorp (Parking) Page 3 of 4
CITY OF KENAI
By:
Rick R. Koch Date
STATE OF ALASKA )
) sS.
THIRD JUDICIAL DISTRICT )
HILCORP ALASKA, LLC.
THIS IS TO CERTIFY that on this day of 2014, the foregoing
instrument was acknowledged before me by RICK R. KOCH, City Manager, of the City
of Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 2014, the foregoing
instrument was acknowledged before me by, on behalf of Hilcorp Alaska, LLC.
Notary Public for Alaska
My Commission Expires:
Approved as to form:
Scott Bloom
City Attorney
YADept - Airport\SUP\2014 1024 Hilcorp Parking SUP.docx
Special Use Permit — Hilcorp (Parking) Page 4 of 4
u
IlVillaye with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Ewe
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIII�I
1997
MEMO:
TO: City Council
01FROM: Rick Koch
DATE: December 2, 2014
SUBJECT: Unfinished Business, Item F.2, Consent to Sublease between Dan
O. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision, South
Addition No. 2
The purpose of this correspondence is to recommend Council approval of the above referenced
sublease with one modification of the language contained in the attached sublease.
Paragraph 3., Use, first sentence states "Sublessee shall use the Premises for parking through
the Kenai Airport, and any legal uses related thereto."
The meaning of the portion of that sentence, "through the Kenai Airport" or "any legal uses
related thereto" is unclear. Administration recommends Council approval of the sublease
conditioned upon the first sentence of paragraph 3 be replaced with the following:
" Sublessee shall use the premises for parking and for uses consistent with the lease
between Dan O. Pitts and the City of Kenai."
Thank you for your attention in this matter. If you have any questions, please contact me at
your earliest convenience.
COMMERCIAL SUBLEASE AGREEMENT
This Commercial Sublease "Agreement" dated September 22, 2014 for reference purposes, is made and entered into
by and between Dan O. Pitts ( "Sublessor "), an individual whose address is P.O. Box 1916, Soldotha, AK 99669, and
Hilcorp Alaska ( "Sublessee "), a Delaware corporation with offices located at 3800 Centerpoint Drive, Suite 1400,
Anchorage, AK 99503, effective September 22, 2014 (`Effective Date ")
IRDialY714 &I
A. Sublessor is the lessee of that certain lease from the City of Kenai, as Lessor, and Sublessor, as Lessee,
dated [date], and effective from [date] to [date], for real property ( "Premises ") described as follows:
Lot 2A1, FBO Subdivision, South Addition No. 2, as shown in Plat 86 -186, "FBO Subdivision
South Addition No. 2," dated September 4, 1986, Kenai Recording District, and located at 403
North Willow, Kenai, AK 99611, as shown in Exhibit A to this Agreement
B. Sublessor desires to sublease the Premises to Sublessee, and Sublessee desires to sublease the Premises
from Sublessor, pursuant to the terms of this Agreement.
TERMS:
1. SUBLEASED PREMISES
In consideration of the rents, terms, provisions and covenants of the Sublease, Sublessor hereby Subleases and
demises to Sublessee the Premises.
2. TERM
Subject to and upon the conditions set forth herein, the term of this Sublease shall commence on September 22,
2014, or on delivery and acceptance of the Premises as set forth below, and shall continue through August 31, 2015.
3. USE
Sublessee shall use the Premises for parking through the Kenai Airport, and any legal uses related thereto. Sublessor
represents and warrants to Sublessee that Sublessor shall receive any and all approvals for the above referenced use
from any City, Borough, State or political subdivision and provide evidence of such approvals to Sublessee prior to
Sublessee's occupancy. Sublessee shall not use the Premises for any other uses or in any manner, which shall cause
the cancellation of any insurance policy covering the Premises.
4. DELIVERY AND ACCEPTANCE OF PREMISES
The Premises shall be delivered to Sublessee in tenantable condition, in good order and repair, and free of violations
of any health, safety, fire or other statutes and regulations governing the Premises and its use.
Sublessor shall: (1) remove vegetation in the graveled parking area and grade the Premises to be level and suitable
for parking; (2) upon the request of Sublessee, erect a chain link fence around the Premises with gate(s) for ingress
and egress; and (3) remove inoperable vehicles from the Premises.
Sublessor warrants that all Sublessee improvements built or caused to be built by Sublessor will be built in
compliance with all federal, state and local rules, laws and regulations, including but not limited to Americans with
Disabilities Act (ADA), all building and safety codes in effect as of the date the building permit is obtained allowing
their construction and that to the best of Sublessor's knowledge, such improvements are in compliance with all
current rules, laws, regulations, building and safety codes. In the event the improvements for the Sublessee are built
or caused to be built by Sublessor are not built in compliance with all current rules, laws, regulations, building and
safety codes in effect as of the date the building permit is obtained allowing their construction, Sublessor shall at its
sole expense make those repairs to the improvements that are necessary to cause them to be in compliance with all
current rules, laws, regulations, building and safety codes in effect as of the date of the violation, and if the repairs
render the Premises untenantable the rent shall be prorated based on the amount of time the repairs take and the
amount of space which is untenantable. Notwithstanding the foregoing, Sublessor shall be responsible for the repair
of latent defects in the Sublessee improvements installed by or caused to be installed by Sublessor for one (1) year
following the Commencement Date of this Sublease. After one year, upon Sublessee's written request, Sublessor
agrees to assign to Sublessee all contractor warranties relating the Sublessee improvements, to the extent assignable.
Further, notwithstanding the foregoing, Sublessor covenants that on the date of execution of this Sublease, the
Premises is zoned to will meet the use requirements as outlined in Article 3 hereof.
5. RENT
For and in consideration of the Premises and the performance of Sublessor's obligation hereunder, beginning as of
the commencement date as set forth in the Commencement Certificate, Sublessee shall pay /mo which
includes applicable sales tax on or before the first day of each month in advance. Any rent payment received after
the 150' of the month will incur a 10% ($350.00) late fee. Rent shall be paid by Automated Clearing House transfer
to the following account:
Dan O. Pitts
First National Bank Alaska
ABA Number 125200060
Account Number 24101180
Sublessor may designate a different account in accordance with the notice paragraph of this Sublease. Rental for
any portion of a month at the beginning or end of this Sublease shall be apportioned by dividing the monthly rental
figure by the number of days of that month and multiplying the result by the number of days during such month
which the Sublessee rents the Premises hereunder.
6. SERVICES TO BE PERFORMED BY SUBLESSOR
Sublessor shall maintain and repair, and keep in good operating condition, all parking lots, and privately -owned
access roads. Sublessor is responsible for timely snow plowing and sanding, and grading as necessary.
7. CONDEMNATION
In the event that the Premises shall be wholly or partially condemned or taken by eminent domain, this Sublease
shall terminate upon the date of condemnation or taking by eminent domain or upon the date possession is required
by the condemning authority, whichever is later. In the event of a partial condemnation or taking of the Premises,
Sublessee may, at its option, continue to sublease the remaining portion of the Premises, upon such terms and
conditions as Sublessor and Sublessee may thereafter agree. In any proceeding related to condemnation or taking of
the Premises by eminent domain, Sublessee may appear and present its claims for costs incurred in relocating, the
loss of any fixture, improvement or other property of Sublessee, and the loss of its Subleasehold interest in the
Premises.
8. ASSIGNMENT, SUBLETTING
Sublessee shall have the right to assign or sub - sublease all or any portion of the Premises on such terms, as
Sublessee may in its discretion deem prudent, so long as the prior written consent of Sublessor AND PRIOR
WRITTEN CONSENT OF THE CITY OF KENAI is obtained. No such assignment or subletting shall release
Sublessee of its obligations hereunder, unless Sublessor so agrees in writing. In the event of any permitted
assignment or subletting hereunder, Sublessor agrees that it will not negotiate or enter into any agreement with the
assignee or Sublessee for the extension or renewal of this Sublease, or the exercise of any option to extend or renew
this Sublease, unless Sublessor first agrees to release Sublessee from all obligations under this Sublease for any
extended or renewed periods.
9. SURRENDER OF PREMISES
Upon termination of this Sublease, Sublessee shall vacate the Premises and return it in as good condition as
received, the elements, casualty, acts of God, and ordinary wear and tear excepted. Sublessee shall have the right to
remove all articles of personal property in the Premises and any trade fixtures, the removal of which will not cause
substantial damage to the Premises, and Sublessee shall make any repairs necessitated by such removal.
10. INSURANCE
(a) Sublessee, at its cost, shall maintain bodily injury and property damage liability insurance with a combined
single limit in the amount of $1,000,000.00 insuring Sublessee and its authorized representative's liability
arising out of or in connection with Sublessee's use or occupancy of the Premises. Sublessor and the City
of Kenai shall be named as an additional insureds, as respects operations at the Premises, and the policy
shall contain cross - liability endorsements. Sublessee shall be responsible for loss or damage to Sublessee's
personal property. All insurance required to be provided by Sublessee under this Sublease shall provide
reasonable notice of cancellation to Sublessor before cancellation of coverage of any policy. Sublessee
shall deliver a certificate of insurance representing the above insurance coverage to the Sublessor within
thirty (30) days of execution of this Sublease.
11. LIABILITY
(a) Sublessee shall indemnify, defend and hold Sublessor AND THE CITY OF KENAI harmless from and
against any loss liability, claim, suit, reasonable fees, reasonable costs, reasonable expenses, including,
without limitation, reasonable attorneys fees, and damages arising out of (1) any negligent or intentional
act or omission of Sublessee, or of Sublessee's employees, contractors, agents, servants, guests, invitees or
officers; (2) any violation of any federal, state or local law, act, rule, ordinance or regulation by Sublessee
or by Sublessee's employees, contractors, agents, servants, guests, invitees or officers; or (3) any breach of
this Sublease or any provisions thereof by Sublessee or by Sublessee's employees, contractors, agents,
servants, guests, invitees or officers, unless such loss, liability, claim, suit, reasonable fees, reasonable
costs, reasonable expenses, including, without limitation, reasonable attorneys fees, and damages also
arises, in whole or in part, out of any negligent or intentional act or omission of, or any breach of this
Sublease or any provision thereof by, Sublessor, or Sublessor's employees, contractors, agents, servants,
guests, invitees or officers, or out of any violation of any federal, state, or local law, act, rule, ordinance or
regulation by Sublessor or Sublessor's employees, contractors, agents, servants, guests, invitees or officers.
(b) Sublessor shall indemnify, defend and hold Sublessee harmless from and against any loss, liability, claim,
suit, reasonable fees, reasonable costs, reasonable expenses, including, without limitation, reasonable
attorneys fees, and damages arising out of. (1) any negligent or intentional act or omission of Sublessor, or
of Sublessor's employees, contractors, agents, servants, guests, invitees or officers; (2) any violation of any
federal, state or local law, act, rule, ordinance or regulation by Sublessor or by Sublessor's employees,
contractors, agents, servants, guests, invitees or officers; (3) any breach of this Sublease or any provision
thereof by Sublessor or by Sublessor's employees, contractors, agents, servants, guests, invitees or officers;
or (4) any pre- existing condition, contamination or defect on, under, in or about the Premises.
(c) Any party's duty or obligation to defend the other party shall be commenced promptly and performed by
competent counsel chosen to the reasonable satisfaction of the defended party.
12. WAIVER OF SUBROGATION
Sublessor and Sublessee, notwithstanding any provisions of this Sublease to the contrary, waive any rights of
recovery against the other for any loss or injury against which the waiving party is protected by insurance, so long as
the applicable policy is not thereby prejudiced and the other party pays any resulting excess premium, reserving,
however, any rights with respect to any excess of loss or injury over the amount covered by insurance.
13. COMPLIANCE WITH LAWS
Sublessee and Sublessor shall comply with all of the laws and requirements of municipal, state and Federal
governments pertaining to the Property, Premises or the use thereof.
Sublessee shall comply with all rules and regulations of the Kenai Municipal Airport. Sublessee agrees to observe
the same use, environmental, and default standards as does the Sublessor as set forth in Exhibit `B ".
14. SUBLESSOR'S WARRANTIES AS TO ENVIRONMENTAL SAFETY
(a) Sublessor warrants and represents that any use, storage, treatment or transportation of Hazardous Substances
which has occurred in or on the Premises prior to the date hereof has been in compliance with all applicable
Federal, state and local laws, regulations and ordinances. Sublessor additionally warrants and represents that no
release, leak, discharge, spill, disposal or emission of Hazardous Substances as of the date hereof.
(b) Sublessor agrees to indemnify and hold harmless the Sublessee from any and all claims, damages, fines,
judgements, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for
settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the Sublease Term from
or in connection with the presence or suspected presence of Hazardous Substances at, in, on or below the
Premises, unless the Hazardous Substances are present solely as a result of negligence, will misconduct or other
acts of Sublessee, Sublessee's agents, employees, contractors or invitees. Without limitation of the foregoing,
this indemnification shall include any and all costs incurred due to any investigation of the site or any clean -up,
removal or restoration mandated by a Federal, state or local agency or political subdivision, unless the
Hazardous Substances are present solely as a result of negligence, willful misconduct or other acts of Sublessee,
Sublessee's agent, employees, contractors or invitees. This indemnification shall specifically include any and all
costs due to Hazardous Substances which flow, diffuse, migrate or percolate into, onto or under the Premises
prior to, during, and after the Sublease Term commences and/or which arises out of any act or omission of any
prior, concurrent or subsequent Sublessee.
15. TAXES
Sublessor, at Sublessor's sole cost and expense, shall be responsible for timely payment of all property taxes and
assessments related to the Premises. Applicable sales tax shall be collected from Sublessee and paid to the Kenai
Peninsula Borough by the Sublessor.
16. ALTERATIONS AND LIENS
The Sublessee shall not make or permit any other person to make any alterations to the Premises or to any
improvement thereon or facility appurtenant thereto without the prior written consent of the Sublessor, which
approval shall not be unreasonably withheld. Notwithstanding the foregoing, Sublessee may make any non-
structural alterations to the Premises with Sublessor's consent so long as any such alteration does not exceed Five
Thousand Dollars ($5,000) in costs. The Sublessee shall keep the Premises free and clear from any and all liens,
claims and demands for work performed, materials furnished, or operations conducted thereon at the instance or
request of Sublessee.
Sublessor and Sublessee agree that all alterations and improvements on the Premises shall require prior written
approval of the City of Kenai.
17. INSPECTION BY SUBLESSOR
The Sublessee shall permit the Sublessor or the Sublessor's agents, representatives or employees to enter the
Premises at all reasonable times and during business hours, after 24 hours notice to Sublessee, for the purpose of
inspecting the Premises and for the purpose of doing other lawful acts required hereunder of that may be necessary
to protect the Sublessor's interest in the Premises, except that no notice is required in the event of an emergency.
Sublessor agrees that any such entry shall not unreasonable disrupt Sublessee's business activities. Sublessor fiuther
agrees that during such entry, Sublessor and Sublessor's agents, representatives or employees shall recognize and
abide by any safety rules or measures imposed by Sublessee.
18. DEFAULT OF SUBLESSEE
Default by Sublessee under this Sublease shall include, but shall not be limited to, the following:
(a) Sublessee shall fail to pay any installment of rent due, and such failure shall continue for a period of fifteen
(15) days following written notice from Sublessor.
(b) Sublessee shall fail to perform any of its other obligations under this Sublease, and such failure shall
continue for a period of fifteen (15) days following written notice from Sublessor specifying the nature of
the default, unless such default cannot be fully cured within said period and Sublessee promptly
commences such cure and continues with due diligence until completion.
(c) Sublessee shall abandon the Premises and cease paying rent.
(d) Sublessee shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an
assignment for the benefit of creditors.
(e) Sublessee shall file or there shall be filed against Sublessee a petition in bankruptcy or reorganization or for
an arrangement for the benefit of creditors under any section or chapter of the United States bankruptcy
laws or under any similar law or statute of any State and such petition is not withdrawn or denied within
one hundred twenty (120) days from the date of filing.
(f) A receiver or trustee shall be appointed for all or substantially all of the assets of Sublessee and shall not be
removed within one hundred twenty (120) days of appointment.
19. SUBLESSOR'S REMEDIES
In the event of a default by Sublessee under this Sublease, Sublessor may, in addition to any other right or remedy
which Sublessor may have at law or equity:
(a) Continue this Sublease in effect by not terminating the Sublessee's right to possession of the Premises, in
which event the Sublessor shall be entitled to enforce all of its rights and remedies under this Sublease
including the right to recover the rent specified in this Sublease as it becomes due notwithstanding any
contrary law, rule, stature or regulation, Sublessor shall be under the duty to mitigate its loses, including
using its best efforts to relet the Premises, or part of it, and Sublessor expressly waives any such contrary
law, rule, statute or regulation; or
(b) Terminate this Sublease, in which event Sublessee shall surrender the Premises to Sublessor, and if
Sublessee fails to do so, Sublessor may dispossess Sublessee in any reasonable manner permitted by law.
(c) After due legal process, to enter upon and take possession of the Premises and expel and remove Sublessee
and any other person who may be occupying the Premises or any part thereof, and to relet the Premises,
which Sublessor shall use its best efforts to do and to otherwise mitigate its losses. Sublessee agrees to pay
upon demand the amount of any deficiency between the amount of rent due and payable hereunder and any
reasonable amounts which Sublessor could or should have received through reletting, less Sublessoe's
actual and reasonable costs incurred in repossessing and reletting the Premises.
20. DEFAULT BY SUBLESSOR
Default by Sublessor under this Sublease shall include, but not be limited to, the following:
Sublessor shall fail to perform any of its obligations under this Sublease, and such failure shall continue for a period
of fifteen (15) days following written notice from Sublessee specifying the nature of the default, unless such
obligation cannot be fully performed within said period and Sublessor begins performance and continues with due
diligence until completion. In the event the default if of such nature that the Premises are as a result not reasonably
fit for Sublessee's business purposes, then Sublessor shall have two (2) days, following notice from Sublessee, to
either remedy the default or to provide reasonable temporary means whereby the Premises are usable by Sublessee
while the default is being cured, during which time the rent shall be abated in proportion to the degree of unusability
of the Premises. In no event shall such default remain uncured beyond a reasonable time.
21. SUBLESSEE'S REMEDIES
In the event of default by Sublessor, Sublessee may, in addition to any other right or remedy at law or equity:
(a) Terminate this Sublease without further obligation on the part of Sublessee hereunder;
(b) Remedy, or cause to be remedied, any default of Sublessor at the sole cost and expense (not to exceed in
any one instance the equivalent of two (2) months rent hereunder) of Sublessor and to withhold or offset
amounts paid or incurred thereby from amounts owing or to be owed to Sublessor; provided, however,
Sublessee shall have no obligation to remedy any default of Sublessor.
22. ATTORNEY FEES
In the event either party commences any action or proceeding under this Sublease to enforce any right or remedy
hereunder, the prevailing party shall be entitled to recover its reasonable costs and attorney's fees.
23. NOTICES AND BILLS
All written notices required or permitted hereunder shall be delivered in person to the other party, or mailed First
Class, postage fully prepaid, to the parties at the addresses set forth hereinafter or to such other address as either
party may hereafter designate in writing and deliver as provided in this Paragraph.
Sublessor: Dan O. Pitts Sublessee: Hilcorp_Alaska, LLC
P.O. Box 1916 3800 Centerpoint Drive, Suite 1400
Soldoma, AK 99669 Anchorage, AK 99503
Attention: Land Manager
All bills and invoices from Sublessor to Sublessee shall be delivered or mailed to Sublessee at the Premises or at
such address as Sublessee may designate to Sublessor in accordance with the notice provisions of this paragraph.
24. SUBORDINATION
Notwithstanding anything to the contrary contained herein, this Sublease shall not be subordinate to the lien of
Sublessor's financing unless the holder thereof first executes an instrument which shall contain on the part of such
holder, an agreement in substance that such holder shall recognize Sublessee's rights under this Sublease, shall not
cut off or terminate this Sublease through foreclosure of the documents securing Sublessor's financing and
Sublessee shall not be disturbed in its possession and quiet enjoyment of the Premises.
25. NON - WAIVER
The failure of either party to declare any default immediately upon the occurrence thereof, or delay in taking action
in connection therewith, shall not constitute a waiver of such default, and that party shall have the right tot declare
any such default at any time while such default remains uncured. The waiver by either party of any breach of any
provision of this Sublease shall not be deemed to be a waiver of such provision or any subsequent breach of the
same or any other provision, term, covenant or condition herein contained.
26. SUCCESSORS AND ASSIGNS
The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind
the heirs, successors, executors, administrators and assigns of all of the parties hereto, and all of the parties hereto
shall be jointly and severally liable hereunder.
27. WAIVER
Sublessee shall not commit, or suffer to be committed, any waste upon the Premises.
28. CLAUSE HEADINGS
The clause headings in this Sublease are for convenience only and shall not be deemed to affect, qualify, amplify,
add to, or subtract from the contents of the clauses which they reference.
29. ENTIRE AGREEMENT; MODIFICATION
The parties have incorporated in this Sublease their entire understanding, and neither has made or relied upon any
representations, warranties, promises, covenants or undertakings other than those expressly set forth herein.
No modification of any term or condition contained herein shall be effective unless the same is in writing and
executed by authorized representatives of both parties to this Sublease.
30. FORCE MAJEURE
Neither party shall be liable to the other for breach of this Sublease if the breach is caused by circumstances beyond
its reasonable control, including, without limitation, act of God; fire, flood, earthquake or other natural disaster; war,
riot or civil disobedience; governmental action or inaction; and strikes, lockouts, picketing or other labor dispute.
31. PARTIAL INVALIDITY
Wherever possible each provision of this Sublease shall be interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Sublease shall be prohibited by or invalid under any applicable
law, as determined by a court of competent jurisdiction, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Sublease.
32. CONSENTS AND APPROVALS
Wherever the consent, approval or expression of satisfaction of either party is required hereunder, such consent,
approval or expression of satisfaction shall not be unreasonably withheld or delayed, and no cost, charge or other
consideration shall be exacted from the party seeking the consent, approval or satisfaction in order for it to be
obtained.
33. HOLDOVER
In the event that Sublessee does not vacate the Subleased Premises upon the expiration or termination of this
Sublease, Sublessee shall hold Premises as a Sublessee from month to month with all terms and provisions of this
Sublease remaining applicable during that period.
34. QUIET POSSESSION AND NON - DISTURBANCE
If Sublessee pays the rent and complies with all other terms of this Sublease, Sublessee may occupy and enjoy the
Premises for the full Sublease term, subject to the provisions of this Sublease.
In the event of foreclosure or any enforcement of any such mortgage, the rights of the Sublessee hereunder shall
expressly survive and this Sublease shall in all respects continue in full force and effect, provided, however, that the
Sublessee shall fully perform all its obligations hereunder and attom to the purchaser. Sublessor shall cause the
purchaser of Sublessor's interest in the Premises to enter into a non - disturbance agreement with Sublessee.
IN WITNESS WHEREOF, the parties have entered into this Sublease on the dates shown below
EXECUTED BY SUBLESSEE, this
0
Title:
EXECUTED BY SUBLESSOR, this day
Title:
COMMERCIAL SUBLEASE AGREEMENT
Exhibit A
Plat 86-186
FBO Subdivision South Addition No. 2
September 4, 1986
A w
yP
0
COMMERCIAL SUBLEASE AGREEMENT
Exhibit B
Kenai Municipal Airport
Rules and Regulations
See hltp:Hwvtw.geode.us/codes/ke nai/
101
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
DECEMBER 3, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.citY
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Election of Vice Mayor
4. Agenda Approval
5. 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
1. Ordinance No. 2800 -2014 — Accepting and Appropriating a Donation from
Hilcorp Energy Company to Assist with the Annual Kenai Senior Center
ThanksgivingDinner .................................................... ............................Pg. 5
2. Ordinance No. 2801 -2014 — Accepting and Appropriating a Grant from the
State of Alaska Library for Employee Travel and Training ........................ Pg. 7
3. Resolution No. 2014 -69 — Adopting an Alternative Allocation Method for the
FY15 Shared Fisheries Business Tax Program and Certifying that this
Allocation Method Fairly Represents the Distribution of Significant Effects of
Fisheries Business Activity in FMA 14: Cook Inlet ... ............................... Pg. 11
4. Resolution No. 2014 -70 — Amending Article IV, Rents and Fees of the Lease
Form for Airport Reserve Lands between the City of Kenai and Legacy Electric,
LLC for Lot 2, Block 1, General Aviation Apron, Located within the Airport
Reserve.................................................................. ............................... Pg. 15
E. MINUTES
1. *Regular Meeting of November 19, 2014 ................. ............................... Pg. 53
2. *Work Session Notes of November 20, 2014 .......... ............................... Pg. 61
F. UNFINISHED BUSINESS
1. Action /Approval — Special Use Permit Between the City Of Kenai and Hilcorp
Alaska, LLC for Parking of 37 Non- Commercial Passenger Vehicles in
Designated Areas at the Kenai Municipal Airport. [Clerk's Note: At its
November 51h meeting, Council postponed this item to the December 3rd.] . Pg.
63
2. Action /Approval — Consent to Sublease between Dan O. Pitts and Hilcorp
Alaska for Lot 2A1, FBO Subdivision, South Addition No. 2. [Clerk's Note: At
its November 5" meeting, Council postponed this item to the December 3rd.]
G. NEW BUSINESS
1. *Action /Approval — Bills to be Ratified .................. ............................... Pg. 73
2. *Action /Approval — Purchase Orders Exceeding $15,000 ..................... Pg. 75
3. *Ordinance No. 2802 -2014 — Amending KMC 22.05.110 — Determination as to
Need for Public Use, to Provide for Exceptions to the Requirement that Council
Consider Acquisition and Disposal of Right -of -Ways and Easements by
Ordinance for Plats and Vacations .............................. ............................Pg. 77
4. *Ordinance No. 2803 -2014 — Amending Chapter 4.25 — Uniform Plumbing
Code, to Adopt the 2012 Edition of the Uniform Plumbing Code, as Amended
by the State of Alaska with Local Administrative Amendments, which Code also
Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code and the
Uniform Solar Energy Code ..................................... ............................... Pg. 81
*Ordinance No. 2804 -2014 — Increasing Estimated Revenues and
Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary
Transfers in that Fund for Remaining FY2015 Projected Expenditures... Pg. 85
6. *Ordinance No. 2805- 2014 — Accepting and Appropriating Supplemental Grant
Funding from the Federal Aviation Administration and from the State of Alaska
for the Airfield Marking Project ................................ ............................... Pg. 99
*Ordinance No. 2806 -2014 — Increasing Estimated Revenues and
Appropriations by $66,847 in the Airport Fund and in the Airport Improvement
Capital Project Fund and Redirecting Previously Appropriated Amounts from
Completed Airport Projects or Projects with Excess Airport Matching Funds for
the Small Taxiways and Aircraft Tie Down Rehabilitation Project.......... Pg. 103
Kenai City Council Meeting Page 2 of 4
December 3, 2014
8. Action/Approval — Council Confirmation to Appoint James Glendening to the
Planning and Zoning Commission .......................... ............................... Pg. 107
9. Action/Approval — Approving an Employment Agreement between the City of
Kenai and City Clerk Sandra Modigh.
H. COMMISSION /COMMITTEE REPORTS
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
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION — Discussion and Negotiation of the City Clerk's
Employment Agreement, a Matter of which the Immediate Knowledge would
Clearly have an Adverse Effect Upon the Finances of the City and a Subject that
Tends to Prejudice the Reputation and Character of the City Clerk [AS
44.62.310(C)(1)(2)].
M. PENDING ITEMS — None
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.......... Pg. 109
2. Notification of the Renewal of the Alaska State Elks Association Gaming
Permit......................................................................... ............................... Pg. 111
The agenda and supporting documents are posted on the City's website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk's
Kenai City Council Meeting Page 3 of 4
December 3, 2014
[PAGE LEFT BLANK INTENTIONALLY]
►A
Suggested by: Administration
CITY OF KENAI
NO. 2500 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A DONATION FROM HILCORP ENERGY COMPANY TO ASSIST
WITH THE ANNUAL KENAI SENIOR CENTER THANKSGIVING DINNER.
WHEREAS, annually the Kenai Senior Center host a Thanksgiving Dinner that is open
to seniors from all over the Peninsula; and,
WHEREAS, the City has received a donation from Hilcorp Energy Services in the
amount of $3,500 for the purchase of food and supplies for hosting the event; and,
WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate this
donation for the purposes described above.
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept a donation from Hilcorp
Energy Services in the amounts of $ 3,500 and to expend the donated funds to fulfill
the purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
Senior Fund
Increase Estimated Revenues:
Donations $
Increase Appropriations:
Congregate Meals - Operating Supplies $2,500
Home Meals - Operating Supplies 1.000
$
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of
December, 2014.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: ('
Introduced: November 19„ 2014
Adopted: December 3, 2014
Effective: December 3, 2014
New Text Underlined; DELETED TEXT
Page 5 of 114
''Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illlll
1991
MEMO:
n TO: Rick Koch, City Manager
/ FROM: Rachael S. Craig, Senior Center Director
DATE: November 7, 2014
SUBJECT: $3,500 Donation for Senior Wide Thanksgiving Dinner
Hilcorp Energy Company donated $3,500 and volunteer hours for the area wide Senior
Thanksgiving Dinner.
The Area -Wide Thanksgiving Dinner will be held on Tuesday, November 25, 2014. Area seniors
will come together to celebrate Thanksgiving. Hilcorp Energy Company is sponsoring the event.
This is an annual tradition that began in 1976 and has continued.
The $3,500 donation will be allocated in the following:
Congregate Meals — Operating Supplies $2,500
Home Meals — Operating Supplies $1,000
1 recommend the passage of this ordinance.
Suggested by: Administration
CITY OF KENAI
NO. 2801 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT FROM THE STATE OF ALASKA LIBRARY FOR
EMPLOYEE TRAVEL AND TRAINING.
WHEREAS, the Kenai Community Library has received a $412.02 grant from the State
of Alaska Library for a staff member to attend the "Every Child Ready to Read"
workshop; and,
WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate
these grant funds to provide staff training that will expand and enhance the services
provided to young audiences and families at the Library.
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept a grant from the State of
Alaska Library in the amounts of $412.02 for staff attendance of "Every Child Ready to
Read ", workshop and to execute grant agreements and to expend the grant funds to
fulfill the purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
State Grants
Increase Appropriations:
Library - Transportation
$412.02
$412.02
New Text Underlined; [DELETED TEXT BRACKETED]
Page 7 of 114
Ordinance No. 2801 -2014
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of
December, 2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: November 17, 2014
Adopted: December 3, 2014
Effective: December 3, 2014
New Text Underlined; [DELETED TEXT BRACKETED]
Page 8 of 114
j "Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 - 7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 '
1992
Ike city of
KE U SKA
MEMO:
TO: Terry Eubank
CC: Rick Koch
FROM: Mary Jo Joiner
DATE: 10 November 2014
SUBJECT: Interlibrary Cooperation Grant
Mary White attended a workshop in October that was financed by a grant from the
Alaska State Library. The workshop was "Every Child Ready to Read."
Due to staffing changes in our children's department the Kenai Community Library
missed the registration deadline for pre - registration. We were able to send Mary White at
the last minute using funds from our travel account.
I did prevail upon the State Library to consider reimbursing us for Mary's travel and
hotel as they were doing for other participants. They were reluctant to commit to this as
all grant funds had been accounted for, but did say that we could submit receipts and that
they might find funds to reimburse us.
Today 1 received a check for $412.02 to reimburse those costs. I would like to be able to
place these funds back in our travel line which probably requires an Ordinance.
/�'catiyc�o��
Page 9 of 114
[PAGE LEFT BLANK INTENTIONALLY]
Page 10 of 114
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 201469
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN
ALTERNATIVE ALLOCATION METHOD FOR THE FY15 SHARED FISHERIES
BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD
FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF
FISHERIES BUSINESS ACTIVITY IN FMA 14: COOK INLET.
WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY15
Shared Fisheries Business Tax Program, the municipality must demonstrate to the
Department of Community and Economic Development that the municipality suffered
significant effects during calendar year 2013 from fisheries business activities; and
WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to
eligible municipalities located within fisheries management areas specified by the
Department of Commerce, Community and Economic Development; and
WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of
Community and Economic Development, of alternative allocation methods which may
be used within fisheries management areas if all eligible municipalities within the area
agree to use the method, and the method incorporates some measure of the relative
significant effect of fisheries business activity on the respective municipalities in the
area; and
WHEREAS, the City Council of the City of Kenai proposes to use an alternative
allocation method for allocation of FY15 funding available within FMA 14: COOK
INLET in agreement with all other municipalities in this area participating in the FY15
Shared Fisheries Business Tax Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the Kenai City Council by this resolution certifies that the following
alternative allocation method fairly represents the distribution of significant effects
during 2013 of fisheries business activity in FMA 14: COOK INLET:
All municipalities share equally 50% of the allocation; all municipalities share the
remaining 50% on a per capita basis.
PASSED AND APPROVED BY A DULY CONSTITUTED QUORUM OF THE COUNCIL OF
THE CITY OF KENAI, ALASKA, this 17th day of December, 2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Page 11 of 114
Villa ye with a Past, Gi with aFuture"
9 �'
- FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
\the, ityaf/ Telephone: 907 - 283 -7535 ext 2211 FAX: 907 - 283 -3014
MIA
y ` To: Rick Koch, City Manager
✓% (f From: Terry Eubank, Finance Director
Date: November 25, 2014
Re: Resolution 2014 -69 A resolution selecting an alternate allocation method for Share Fisheries
Business Tax.
The City receives revenue from the State of Alaska for fish tax collected by the State in two different
methods. The Department of Revenue (DOR) distributes "Raw Fish Tax ", fisheries business taxes,
fishery resource landing taxes, salmon marketing tax, and other seafood taxes from licensed seafood
processors, floating processors, and seafood exporters, to eligible municipalities as prescribed in AS
43.77.060. The City's FY2014 share was $202,044 and was based upon 2012 collections by the DOR.
The second method the City receives fish tax revenue is through the Alaska Department of Commerce
Community and Economic Development ( ADCCED). ADCCED receives 50% of the undistributed Raw
Fish Tax from the DOR to distribute through a program know as the Shared Fisheries Business Tax
Program. For the Cook Inlet Fisheries Management Area, which the City is a part of, the amount to be
distributed in FYI is $44,538.08. Eight communities will receive a portion of that amount with the City
of Kenai estimated to receive $3,210.74.
There are two methods of allocation for the Shared Fisheries Business Tax. The first method involves a
lengthy application process in which the applicants must show the impact to their local community of the
fishing industry. Once impact is shown, half of the total amount to be distributed ($44,538.08 for
FY2015) is divided equally amongst tine communities and the remaining half is distributed based upon the
impact shown in their application. The second method permits all communities in Fisheries Management
Area to elect an alternate method of allocation. This alternate method eliminates the lengthy community
application process. Since inception of the Share Fisheries Business Tax Program in fiscal year 1992, the
communities of the Cook Inlet Fisheries Management Area have selected the alternate allocation method.
A resolution like 2014 -69 has been adopted every year since fiscal year 1992 and is a required step to
elect the alternate allocation method.
The alternate method elected by the Cook Inlet Fisheries Management Area for FYI will again include
and equal distribution of one -half the total and the remaining half is distributed based upon population of
the community. The eight communities in the Cook Inlet Fisheries Management Area are Anchorage,
Homer, Kachemak, Kenai, Kenai Peninsula Borough, Seldovia, Seward, and Soldotna.
Page 12 of 114
x
m
r
E
L
O
C
:e
C.
F"
u
� C
^ 'v
� tl
u
Z
R
L
s
v:
O M 1 O M^ Ir
CC! •O C1O �-mm
M $ M � 3 N O
O)M d(O iO (V fl fm R to M
TmOmmwm v
1O 60(A ce
069 to)
9 M
I(A
v 'a�
p aC M N N� C') O (wO C » M » O IS N O � v � -0
% m 11(6 O OD O (O • m
10 O0 O) M co Cl)
01 0 o m I- m O O
6 °MNMm�1
`I
2 W ((O O- 00 r N
(+N CO n V (O N2
O1 O tf O N N NIA
a,r M fA V M M fR N N
III fH EA M N
\° N mjfA fA i.04
c yi
NM M M M M M M MiV
'O � ttO(O(O (O (O(Otlm.O
g 0 M M M M M M M M 'm
mi a m m m m m m m ml(O
O N O 'N N N N N N N N ',N
c N 9'fA t9 (A fA (H (ri (A Ni Nto
e I
N: I
C
m a0 0 0
O M O M (O � r 0 W �
— r N m C'4
V N n m
a0 1� m N M
W O O M
"a
0
C
d
Q
y E
N O
O
FU
'c
E
E
0
U
O
O
m
C
•C O) Co O O l0
v
O
E 0 E 0 c
U<=!2 YWU) (n
Page 13 of 114
N
O
d
lO
.Q
U
d
(0
C
O
m
C
C
E
Tv
N
m
r
N
T
7
N
O
0
0
m
O
0
LO
N
m
L
0
m
Q
U
C
E
4
s
[PAGE LEFT BLANK INTENTIONALLY]
Page 14 of 114
kw
t
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2014 -70
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
ARTICLE IV, RENTS AND FEES OF THE LEASE FORM FOR AIRPORT RESERVE
LANDS BETWEEN THE CITY OF KENAI AND LEGACY ELECTRIC, LLC FOR LOT 2,
BLOCK 1, GENERAL AVIATION APRON, LOCATED WITHIN THE AIRPORT RESERVE.
WHEREAS, the City of Kenai passed Ordinance No. 2790 -2014 waiving certain lease
provisions imposed by the Kenai Municipal Code Chapter 21.10 - Leasing of Airport
Reserve Lands, and approved a non - standard form of lease for the lease of Lot 2, Block
1, General Aviation Apron, located within the Airport Reserve to Legacy Electric, LLC;
and,
WHEREAS, Article IV, Rents and Fees of the approved Lease allowed for the
reasonable market value of work approved by the Lessor and performed by the Lessee
to be applied as a credit against rent owed for a maximum period of five years; and,
WHEREAS, information in a Geotechnical Investigation Report prepared by Wince -
Corthell- Bryson in 2008 indicated soil conditions on the property which required
removal of waste material previously buried on the site to a depth of eight feet; and,
WHEREAS, during excavation of the property, it was found that waste material in
some areas extended to fifteen feet requiring the additional cost of removal and backfill
as well as a sewer service line requiring the additional cost of lowering the grade on
approximately 80 linear feet of sewer service connection piping; and,
WHEREAS, Legacy Electric performed excavation, placement of classified fill, and
utility service extensions on the property in excess of the amount it could recover as a
credit against rent for a period of five years; and,
WHEREAS, the City Manager believes it is in the best interest of the City to extend the
period in which the Lessee can receive credit for the reasonable costs of work
performed under Article IV, Rents and Fees of the Lease to ten years.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
That Article IV, Rents and Fees of the Lease Form for Airport Reserve Lands
between the City of Kenai and Legacy Electric, LLC for Lot 2, Block 1, General
Aviation Apron, located within the airport reserve is amended to extend the
period in which the Lessee can receive credit for the reasonable costs of work
performed to ten years.
Page 15 of 114
Resolution No. 2014 -70
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of
December, 2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Page 16 of 114
6iev of /�l
M
MEMO:
"Villaye with a Past, C# with a Frfture"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.d.kenai.ak.us
V TO: City Council
ROM: Rick Koch, City Manager
DATE: November 26, 2014
SUBJECT: Resolution No. 2014 -70 — Lease of Airport Reserve Property
Lot 2, Block 1, GAA
KC11,
RY DmYMa LYi
tl1lfr
,1111
The attached proposed Lease between the City of Kenai and Legacy Electric, LLC for the
referenced Airport property located inside the Airport Reserve was approved by Ordinance No.
2790 -2014 at the September 3, 2014 City Council Meeting. Since that time, Legacy Electric
has performed excavation work in anticipation of receiving a credit against future lease
payments according to the Lease approved by Council.
The work performed included unanticipated costs that were discovered during excavation as
follows:
1. Information in a Geotechnical Investigation Report prepared in 2008 indicated soil
conditions on the property would require removal of waste material previously buried
on the site to a depth of eight feet, however, the waste material in some areas was
found to extend to a depth of fifteen feet and required the additional cost of removal
and backfill.
2. The sewer service line had been installed at such a shallow depth that sewer service
could not be provided to the majority of the lease lot. This required the additional
cost of lowering the grade on approximately 80 linear feet of sewer service
connection piping.
3. Geotechnical conditions under a portion of the existing taxiway required the removal
and replacement of asphalt, removal of unclassified excavation, and installation of
classified fill and backfill. This work could not have been anticipated prior to
commencement of the project.
Page 17 of 114
The additional work performed results in a permanent improvement to Airport Land, which is in
the best interests of the Kenai Municipal Airport.
I have reviewed the invoices submitted by Legacy Electric, LLC, and with minor adjustments,
find the scope and costs submitted to be reasonable and consistent with the market.
cc: Derek Leichliter, Legacy Electric
Attachment
Page 18 of 114
f
r O
3
D
z
-q
X
i m
M
k O
0
M
.!
707
� CJ O ❑
Qo m'�Z 3
4 Teo. ^.
v_
y N (D n
o 3 Q y N
N O O N
N
N
774
40"'vp
A
1�
I
} 4W ■
J c
n G
J' G
m
fl
(n p
O
(D
/# Ob
>4
0
G1 0 1`
v
ON
Fl7 0
CD
v �
r�
1
■
/# Ob
>4
0
G1 0 1`
v
ON
Fl7 0
CD
v �
r�
1
KENAI MUNICIPAL AIRPORT
LEASE OF AIRPORT RESERVE LANDS
THIS LEASE AGREEMENT entered into this day of 2014 by
and between the CITY OF KENAI, ( "City ") 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794,
and LEGACY ELECTRIC, LLC. ( "Lessee ") whose address is 46113 Sather Court, Soldotna, AK
99669.
DEFINITIONS
For the purposes of this Lease the following terms are defined as follows:
1. Airport - the Kenai Municipal Airport, including all the runways, taxiways, aprons, water
lanes, water taxiways, and all City -owned real estate located within the boundaries of the Airport
Reserve as defined in KMC 21.05.010 -020.
2. Airport Manager — the official to whom the City Manager of the City has delegated the
authority and responsibility of managing and directing the activities of the Airport. "Airport
Manager" includes that person's authorized representative.
3. City - the City of Kenai, Alaska, a home rule municipal corporation of Alaska.
4. City Manager - the official to whom the Kenai City Council has delegated the
responsibility of managing and directing all activities of the City.
Contamination - the unpermitted presence of any released Hazardous Substance.
6. Environmental Law - any applicable federal, state, or local statute, law, regulation,
ordinance, code, permit, order, decision, judgment of any governmental entity relating to
environmental matters, including littering and dumping.
FAA — the abbreviation for the Federal Aviation Administration.
8. Hazardous Substance - any substance that is defined under an Environmental Law as
hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant, contaminant,
petroleum, petroleum product, or oil.
LEASE OF AIRPORT LANDS
Page t of 33
Page 20 of 114
City:
Lessee:
9. KMC — the abbreviation for the Kenai Municipal Code.
10. Permanent Improvement - a fixed addition or change to land that is not temporary or
portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank,
and well.
ARTICLE I
PREMISES LEASED
A. PREMISES: In consideration of Lessee's payment of the rents and performance of all
the covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the City,
the following described property ( "Premises ") in the Kenai Recording District, Third Judicial
District, State of Alaska and located on the Airport; to wit:
Lot 2, Block 1, General Aviation Apron
B. NO WARRANTY: Except as may be provided in this Lease, the City makes no specific
warranties, expressed or implied, concerning the condition of the Premises including, survey,
soils, wetlands, access, and suitability or profitability for any use including those authorized by
this Lease, its environmental condition, or the presence or absence of Hazardous Substances in,
on, and under the surface. The Lessee takes the Premises on an "as is" basis and without
warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title
to the Premises.
ARTICLE II
RIGHTS AND USES
A. AUTHORIZED USES
USE OF PREMISES: The City authorizes the Lessee to use the Premises for the
following purposes only:
T- Hangar Heated Complex
2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing,
the Lessee will operate its business on the Premises on a continuous basis,
uninterrupted by any period of closure over 15 consecutive days or 30 aggregate
days within any 12 -month period of the term of this lease. The Lessee will give
the City written notice before closing the Lessee's business on the Premises for
more than 10 consecutive days. The notice must state the reason for the closure
LEASE OF AIRPORT LANDS City:
Page 2 of 33 Lessee:
Page 21 of 114
not apply to any period during which the Lessee is unable to operate its business
as a result of an act or directive of the City, or as a result of a closure of the
Airport or loss of the Lessee's buildings on the Premises due to fire or natural
disaster or order of public authority.
B. RIGHTS RESERVED TO THE CITY.
1. RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others
any rights and privileges not specifically granted to the Lessee on an exclusive
basis. The rights and privileges granted to the Lessee in this Lease are the only
rights and privileges granted to the Lessee by this Lease.
2. EASEMENTS: The City reserves the right to make grants to third parties or
reserve to the City easements or rights of way through, on, or above the Premises.
The City will not grant or reserve any easement or right of way that unreasonably
interferes with the Lessee's authorized uses of the Premises.
3. INGRESS, EGRESS AND INSPECTION: The City reserves the right of ingress
to and egress from the Premises and the right to enter any part of the Premises,
including buildings, for the purpose of inspection or environmental testing at any
time. Except in the case of an emergency, all inspections and environmental
testing will be coordinated with the Lessee to minimize interference with the
Lessee's authorized uses of the Premises.
4. RIGHT OF FLIGHT: There is hereby reserved to the City, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the Premises. This public right of
flight will include the right to cause in the airspace any noise inherent in the
operation of any aircraft used for navigation or flight through the airspace or
landing at, taking off from, or operation on the Airport.
C. PROHIBITED USES
Unless specifically authorized by this Lease or an amendment to this Lease, the following are
prohibited:
Any use of the Premises other than those authorized in this Lease.
2. Any use of the Premises that is in violation of a City Ordinance or an Airport
regulation.
LEASE OF AIRPORT LANDS
Page 3 of 33
Page 22 of 114
City:
Lessee:
3. The outside storage on the Premises of junk, salvage aircraft or vehicle parts, non-
operational support equipment, unused or damaged equipment or material, or
solid waste or debris unless allowed pursuant to a conditional use permit under
KMC 14.20.
4. The disposal on the Premises or the Airport of waste materials generated by the
Lessee, including any Hazardous Substance, slash, overburden, and construction
waste.
The stripping, wasting, or removing any natural material from the Premises
without the prior written approval of the City.
6. Erecting structures or allowing growth of natural objects that would constitute an
obstruction to air navigation, or allowing any activity on the Premises that would
interfere with or be a hazard to the flight of aircraft, or interfere with air
navigation or communication facilities, serving the Airport.
Any use or activity that is prohibited by applicable law or regulation.
ARTICLE IH
TERM & HOLDOVER
A. TERM: The initial term of this Lease is for thirty -five (35) years, beginning the 1st
day of September, 2014 and ending on the 30th day of August, 2049. As long as Lessee is in
compliance with all terms and conditions of this Lease (including any amendments), City
ordinances, and is current on all City tax liabilities, Lessee may at Lessee's sole option extend
the lease for an additional twenty (20) year term.
B. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after
the expiration, cancellation or termination of this Lease, the holding over will not operate as an
extension of the term of this Lease, but only creates a month -to -month tenancy, regardless of any
rent payments accepted by the City. The Lessee's obligations for performance under this Lease
will continue during the month -to -month tenancy. The City or Lessee may terminate the
Lessee's holdover with ten (10) days' advance written notice.
ARTICLE IV
RENTS AND FEES
A. RENT: The reasonable market value of work approved by Lessor and performed by
Lessee with regard to clearing and grubbing, unclassified excavation, placement of classified fill
LEASE OF AIRPORT LANDS
Page 4 of 33
Page 23 of 114
City:
Lessee:
and utility service extensions on the Premises, shall be applied as a credit against rent owed for a
maximum period of ten (10) years from the date clearing and grubbing, unclassified excavation,
placement of classified fill and utility service extensions are completed. The rent for the
Premises is $11,400.00 per year, as established by the City pursuant KMC 21.10.100 and as
subject to adjustment under Article V of this Lease, plus applicable sales tax. The rent shall be
payable annually in advance of the first day of each year of the term of this Lease. All payments
required by this Lease must be made in U.S. dollars. If the annual rent exceeds $2,400, the
Lessee may, upon written notice to the City, choose to pay the rent in equal monthly
installments, payable in advance on or before the anniversary date of the term of this Lease and
thereafter at monthly intervals. No conversion of the payment schedule from annual to monthly
shall result in the City receiving less rent than it would have received had the conversion not
taken place.
B. RENT PRORATED: Rental for any period less than one (1) year shall be prorated on the
basis of the rent payable under this Lease in the last full year previous to the prorating.
C. ADDITIONAL RENT: In addition to the rent specified in (A) of this Article, Lessee
agrees to pay to the appropriate parties all levies, assessments, and charges as follows:
1. Taxes pertaining to the leasehold interest of the Lessee.
2. Sales tax now enforced or levied in the future, computed upon rent payable in
monthly installments whether the Lessee pays rent under this Lease on a monthly
or annual basis.
3. All taxes and assessments levied in the future by the City, as if Lessee was the
legal owner of record of the Premises.
4. Reimbursement for City constructed improvements under Article XV.
D. PAYMENTS: The Lessee shall make checks, bank drafts, or postal money orders
payable to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210
Fidalgo Avenue, Kenai, Alaska 99611 -7794 or any other address the City may designate in
writing to the Lessee.
E. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and fees
required under this Lease will accrue interest at the rate of eight percent (8.0 %) per annum.
Interest on disputed amounts will not be charged to the Lessee if the dispute is resolved in the
Lessee's favor.
F. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (E)
LEASE OF AIRPORT LANDS
Page 5 of 33
Page 24 of 114
City:
Lessee:
of this Article, each time the Lessee fails to pay any rent or fee by the date required in this Lease,
the City will charge, and the Lessee shall pay, an administrative penalty of ten percent (10.0 %)
of the amount due and unpaid.
G. COURTESY BILLINGS: Lessee acknowledges that any billing statement issued by the
City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when due,
regardless of whether or not the Lessee receives a billing statement from the City.
H. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due
and unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the
Lessee's property, real or personal.
I. PAYMENT OF CITY'S COSTS: The Lessee will pay all reasonable actual expenses,
costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or
protect this Lease or City's rights under this Lease, including any expense incurred with respect
to environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease,
the Premises, or improvements or personal property on the Premises. The Lessee will make
payment within 30 days of the date of each notice from City of any amounts payable under this
provision.
J. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable fee
for any special services or facilities the City agrees to perform, which the City is not otherwise
obligated by this Lease to provide and which the Lessee requests from the City in writing.
ARTICLE V
ADJUSTMENT OF RENT AND FEES
A. RENT OR FEE ADJUSTMENT: At intervals of approximately five (5) years, the City
shall, in its sole discretion, adjust the rent or a fee payable by the Lessee under Article IV or
other provision of this lease. The first rent adjustment shall be made in 2015. The amount to
which the City increases or decreases any rent or fee shall be established in accordance with
KMC 21.10.100 and 21.10.160. Any rent change by the City shall be based on the fair market
value of:
The Premises in its condition on the term beginning date stated in Article III or in
the case of a lease renewal or extension, the beginning date for the original lease;
plus
2. Any improvements made by the City subsequent to that date, the cost of which is
not reimbursed by the Lessee.
LEASE OF AIRPORT LANDS
Page 6 of 33
Page 25 of 114
City:
Lessee:
No rent or fee change shall be effective until 30 days after the date of the City's written
notice to the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent for
the Premises, the Lessee may appeal the rent change to the City under KMC 21.10.160.
B. CITY - CONSTRUCTED IMPROVEMENTS: Improvements constructed by the City on,
or in connection with, the Premises shall not be considered a part of the Premises for the purpose
of establishing the rent under (a) of this Article, if the Lessee, as a condition of this lease,
reimburses the City for the City's construction costs pursuant to KMC 21.10.110.
ARTICLE VI
ASSIGNMENT & SUBLETTING
A. INVALID WITHOUT CITY'S CONSENT: The Lessee may not assign, sublet, or grant
a security interest in, by grant or implication, the whole or any part of this Lease, the Premises,
or any improvement on the Premises without the written consent of the City. Any proposed
assignment, sublease, or security interest must be written and must be submitted to the City
bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft
documents for the City's conceptual review. However, the City's conceptual approval of a draft
document may not be construed as the City's consent to any assignment, sublease, or security
interest. All provisions in this Lease extend to and bind the assignees and sublessees of the
Lessee.
B. NO WAIVER OF CONSENT: The City's consent to one assignment, sublease, or
security interest will not waive the requirement for the Lessee to obtain the City's consent to any
other assignment, sublease, or security interest.
C. ASSIGNEE / LESSEE OBLIGATIONS: An assignment must include a provision stating
that the assignee accepts responsibility for all of the assignor's (Lessee's) obligations under this
Lease, including environmental liability and responsibility. However, unless the City
specifically releases the Lessee in writing, the City may hold the Lessee responsible for
performing any obligation under this lease which an assignee fails to perform.
D. OCCUPANCY BEFORE CITY CONSENT: An assignee or sublessee may not occupy
the Premises before the City consents to the assignment or sublease in writing.
E. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an
assignment or a sublease, the terms of this Lease control.
F. LESSEE NOT RELIEVED OF OBLIGATIONS: The City's consent to any sublease
does not relieve or otherwise alter the Lessee's obligations under this Lease.
LEASE OF AIRPORT LANDS
Page 7 of 33
Page 26 of 114
City:
Lessee:
G. SECURITY ASSIGNMENTS AND FINANCING:
Subject to the requirements of (A) of this Article VI, the Lessee may assign a
security interest in this Lease. The security interest may be in the form of a
mortgage, deed of trust, assignment or other appropriate instrument, provided:
a. the security interest pertains only to the Lessee's leasehold interest;
b. the security interest does not pertain to or create any interest in City's title
to the Premises; and
C. the documents providing for the security interest are acceptable to the
City.
2. If the assignment of a security interest to which the City has consented shall be
held by an established lending or financial institution, including a bank, an
established insurance company and qualified pension or profit sharing trust, and
the lending institution acquires the Lessee's interest in this Lease as a result of a
foreclosure action or other remedy of the secured party, or through any transfer in
lieu of foreclosure, or through settlement of or arising out of any pending or
contemplated foreclosure action, the lending institution may transfer its interest in
this Lease to a nominee or a wholly owned subsidiary corporation with the prior
written consent of the City, provided, the transferee assumes all of the covenants
and conditions required to be performed by the Lessee (including payment of any
monies owed by Lessee to the City under the lease). In the event of such a
transfer, the lending institution shall be relieved of any further liability under this
Lessee.
3. A holder of a security interest in this Lease consented to by the City shall have,
and be subrogated to, any and all rights of the Lessee with respect to the curing of
any default of this Lease by Lessee.
4. If, before any default has occurred in the Lease, the holder of a security interest in
this Lease consented to by the City gives the City a written notice of the holder's
post office address, the City shall thereafter
a. by regular U.S. mail, send to the holder a copy of each notice of default at
the same time as the City gives notice of default to the Lessee; and
LEASE OF AIRPORT LANDS
Page 8 of 33
Page 27 of 114
City:
Lessee:
not accept any surrender or enter into any modification of this Lease
without the prior written consent of the holder, which the holder shall not
unreasonably delay or withhold..
5. The City will enter into a new lease of the Premises with the holder of a security
interest consented to by the City, if the City terminates this Lease prior to its
normal expiration due to a default by the Lessee. The new lease shall be for the
remainder of the term of this Lease and shall be effective as of the termination of
this Lease. The City's grant of the new lease shall be subject to the following
conditions:
a. the new lease shall be effective on the date this Lease is terminated;
b, the new lease shall be for the same rent, additional rent, and covenants as
this Lease;
C. By no later than the twentieth (20th) day following the termination of this
Lease, the security holder must submit a written request to the City for the
new lease, together with payment of all rent, additional rent and other
sums then due to the City under this Lease.
d. The security holder shall pay to the City, at the time of the execution and
delivery of such new lease any and all sums due thereunder in addition to
those which would at the time of the execution and delivery thereof be due
under this Lease but for such termination, and in addition thereto, any
reasonable expenses, including legal and attorneys' fees, to which the City
shall have been subjected by reason of such default.
e. The security holder shall, on or before the execution of the new lease,
perform all the other obligations of the Lessee under this Lease to the
extent the Lessee failed to perform them prior to the termination of this
Lease.
6. A holder of a security interest consented to by the City that takes possession of
this Lease or enters into a new lease with the City shall not be released from the
obligations and liabilities of this Lease or the new lease unless the holder assigns
its leasehold estate to an assignee who is financially capable and otherwise
qualified to undertake to perform and observe the conditions of this Lease or the
new lease and the City consents to the assignment. The City's consent will not be
unreasonably withheld. If the security holder asserts that the City is unreasonably
LEASE OF AIRPORT LANDS
Page 9 of 33
Page 28 of 114
City:
Lessee:
withholding its consent to a proposed assignment, the dispute shall be resolved by
arbitration.
ARTICLE VII
MAINTENANCE, SNOW REMOVAL & UTILITIES
A. MAINTENANCE
1. At no cost to the City, the Lessee will keep the Premises and all improvements on
the Premises clean, neat and presentable, as reasonably determined by the City.
2. At no cost to the City, the Lessee will provide for all maintenance and services at
the Premises as may be necessary to facilitate the Lessee's compliance with this
Lease and the Lessee's use of the Premises.
3. The Lessee shall comply with all regulations or ordinances of the City that are
promulgated for the promotion of sanitation. At no cost to the City, the Lessee
shall keep the Premises in a clean and sanitary condition, and control activities on
the Premises to prevent the pollution of water.
4. The Lessee agrees to comply with all decisions and directions of the City's
Airport Manager regarding maintenance and operation of the Airport, and the use
of the Airport by the Lessee.
B. SNOW REMOVAL
At no cost to the City, the Lessee is responsible for snow removal on the
Premises. The Lessee shall dispose of snow in an off - Premises location approved
in writing by the City or provide suitable snow storage within the boundaries of
the Premises in accordance with all applicable federal and state laws. At the
request of the Airport Manager, the Lessee shall submit a snow removal plan for
the Premises to the Manager for review. Upon approval of the Lessee's plan by
the Airport Manager, the Lessee shall conduct all snow removal operations on the
Premises in accordance with the approved plan.
2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other aircraft -
maneuvering surface provided for common use by others without the prior written
approval of the Airport Manager.
LEASE OF AIRPORT LANDS
Page 10 of 33
Page 29 of 114
City:
Lessee:
Lessee agrees to not allow an accumulation of snow on the Premises that would
cause interference with adjoining leaseholders or other users of the Airport.
C. UTILITIES. Unless specifically provided otherwise in this Lease, the Lessee shall, at no
cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's use of
the Premises.
ARTICLE VIII
OPERATIONS
A. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its
employees, guests, contractors, sublessees, and vendors that perform any activity or function
authorized under this Lease shall do so in a manner that ensures the safety of people, the
protection of public health and the environment, and the safety and integrity of the Airport and
the Premises.
B. LESSEE'S CONTROL AND RESPONSIBILITY
The Lessee will assume full control and sole responsibility as between Lessee and
City for the activities of the Lessee, the Lessee's personnel and employees, and
anyone else acting by, on behalf of, or under the authority of the Lessee on the
Airport, including the Premises.
2. The Lessee will immediately notify the City of any condition, problem,
malfunction or other occurrence that threatens the safety of people or the Airport,
harm to public health or the environment, or the safety or integrity of the
Premises.
C. RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or
device that interferes with any government - operated transmitter, receiver, or navigation aid until
the cause of the interference is eliminated.
D. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on
an airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep the
Premises clean of fish slime, fish waste, or any other material that might attract birds or other
wildlife. The Lessee accepts full responsibility to maintain the Premises, control operations, and
take all reasonable measures to prevent a concentration of birds or other wildlife on the Premises.
E. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking
space on the Premises for Lessee's business or activities, or confine parking to such other places
LEASE OF AIRPORT LANDS
Page I of 33
Page 30 of 114
City:
Lessee:
on the Airport as may be approved or designated in writing by the Airport Manager.
ARTICLE IX
ENVIRONMENTAL PROVISIONS
A. HAZARDOUS SUBSTANCE
The Lessee will conduct it business and/or operation on the Premises in
compliance with all environmental laws and permits. If hazardous substances are
handled on the Premises, the Lessee agrees to have properly trained personnel and
adequate procedures for safely storing, dispensing, and otherwise handling
Hazardous Substances in accordance with all applicable federal, state and local
laws.
2. Lessee will promptly give the City notice of proceeding to abate or settle matters
relating to the presence of a Hazardous Substance on the Premises or from
Lessee's operations on the Airport. The Lessee will allow the City to participate
in any such proceedings.
B. ENVIRONMENTAL INDEMNIFICATION
If Contamination of the Premises or other property by a Hazardous Substance occurs from the
Lessee's operations on the Premises the Lessee will indemnify, defend, and hold the City
harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or
losses, including, but not limited to, sums paid in settlement of claims, attorney's fees, consultant
fees, and expert fees, which arise during or after the term of this Lease as a result of such
Contamination. This indemnification of the City by Lessee includes, but is not limited to, costs
incurred in connection with any investigation of site conditions or any cleanup, remediation,
removal, or restorative work required by any federal, state, or local governmental agency
because of a Hazardous Substance being present in the soil or groundwater or under the Premises
or other properties affected by the Contamination.
C. REMEDIATION
1. In the event of a Hazardous Substance spill on the Premises, the Lessee will
immediately notify the City and the Alaska Department of Environmental
Conversation and act, promptly, at its sole expense, to contain the spill, repair,
any damage, absorb and clean up the spill area, and restore the Premises to a
condition satisfactory to the City and otherwise comply with the applicable
portions of any environmental law.
LEASE OF AIRPORT LANDS City:
Page 12 of 33 Lessee:
Page 31 of 114
2. In addition to any notices required by this Lease, the Lessee will immediately
notify and copy the City in writing of any of the following:
A. Any permit, enforcement, clean up, lien, removal or other governmental or
regulatory action instituted, completed, or threatened pursuant to an
Environmental Law.
B. Any claim made or threatened by any person against the Lessee or arising
from the Lessee's operations authorized by this Lease, relating to damage,
contribution, compensation, loss or injury resulting, from, or claimed to
result from any Hazardous Substances in, on, or under the Airport; or
C. Any report made by, or on behalf of, the Lessee to any environmental
agency arising out of or in connection with any Hazardous Substances in,
on, or removed from the Premises, including any complaints, notices,
warnings, or asserted violations.
Remediation and restoration of the contaminated area must meet all applicable
state and federal regulations and must meet the requirements of all governing
regulatory authorities.
D. ENVIRONMENTAL AUDIT
The Lessee will provide the City with all investigative data, test results, reports , and any other
information gathered or analyzed as part of or in relation to any Environmental Assessment,
characterization or audit on the Premises or the Airport that Lessee performs or causes to be
performed after the starting date of this Lease. The Lessee will submit the data, result, report or
information to the City within 60 days following the date on which it becomes available to the
Lessee.
E. RELEASE OF LESSEE
The City releases the Lessee from liability to the City for Contamination and the presence of
Hazardous Substances that existed prior to the commencement date of this lease unless caused or
materially contributed to by the Lessee.
F. SURVIVAL OF OBLIGATIONS
The obligations and duties of the City and Lessee under Article IX of this lease shall survive the
cancellation, termination or expiration of this lease.
LEASE OF AIRPORT LANDS
Page 13 of 33
Page 32 of 114
City:
Lessee:
ARTICLE X
INDEMNIFICATION & INSURANCE
A. INDEMNIFICATION
The Lessee will indemnify, save harmless, and defend the City, its officers,
agents, and employees from and against any and all liabilities, losses, suits,
administrative actions, claims, awards, judgments, fines, demands, damages,
injunctive relief or penalties of any nature or kind to the full extent of the loss or
obligation for property damage, personal injury, death, violation of any regulation
or grant agreement, or any other injury or harm resulting from or arising out of
any acts or commission of or omission by the Lessee, his agents, employees,
customers, invitees or arising out of the Lessee's occupation or use of the
premises demised or privileges granted, and to pay all costs connected therewith.
This indemnification of the City by the Lessee shall include sums paid in
settlement of claims, attorney fees, consultant fees, expert fees, or other costs and
expenses, directly or indirectly arising from, connected to or on account of this
Lease as it relates to the Lessee, the Lessee's activities at or relating to the
Airport, or any act or omission by the Lessee, or by any of its officers, employees,
agents, contractors or sublessees. These indemnity obligations are in addition to,
and not limited by, the Lessee's obligation to provide insurance, and shall survive
the expiration or earlier termination of this Lease.
2. The Lessee shall give the City prompt notice of any suit, claim, action or other
matter affecting the City to which Paragraph 1, above, may apply, together with a
copy of any letter by an attorney on behalf of a complainant, any complaint filed
in court, and any notice or complaint by any regulatory agency. The City shall
have the right, at its option, to participate cooperatively in the defense of, and
settlement negotiations regarding, any such matter, without relieving the Lessee
of any of its obligations under this provision.
As to any amount paid to others for personal injury or property damage with
respect to which an act or omission of the City is a legal cause, notwithstanding
Paragraph 1 of this section, the Lessee and the City shall reimburse each other
according to the principles of comparative fault. If liability to a third party is
subject to apportionment according to comparative fault under this provision, the
Lessee and the City shall seek in good faith to achieve non judicial agreement as
to apportionment of fault as between themselves. This apportionment of liability
between the City and the Lessee shall not be construed to affect the rights of any
person who is not a party to this Lease.
LEASE OF AIRPORT LANDS
Page 14 of 33
Page 33 of 114
City:
Lessee:
B. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force during
the term of this Lease, insurance of the type and limits required by this provision. Where
specific limits are set, they will be the minimum acceptable limits. If the Lessee's policy
contains higher limits, the City will be entitled to coverage to the extent of the higher limits. At
the time insurance is obtained by the Lessee, all insurance shall be by a company /corporation
rated "A -" or better by A.M. Best. The following policies of insurance are required with the
following minimum amounts:
Commercial General Liability, including Premises, all operations, property
damage, products and completed operations, and personal injury and death,
broad -form contractual, with a per - occurrence limit of not less than $1,000,000
combined single limit. If this lease authorizes the Lessee to engage in the sale or
the commercial dispensing or storage of aviation fuel, the policy must not exclude
of the Lessee's fuel handling activities. This policy must name the City as an
additional insured.
Commercial Automobile Coverage with not less than $1,000,000
combined single limit per occurrence. This insurance must cover all
owned, hired, and non -owned motor vehicles used by the Lessee.
Workers Compensation Insurance. The Lessee will provide and maintain,
for all employees, coverage as required under AS 23.30.045, and, where
applicable, any other statutory obligations. The policy must waive
subrogation against the City.
4. The Lessee will provide the City with proof of insurance coverage in the
form of an insurance policy or a certificate of insurance, together with
proof that the premiums have been paid, showing the types and monetary
limits of coverage secured. All insurance required by this provision must
provide that the City be notified at least 30 days prior to any termination,
cancellation, or material change in the insurance coverage.
5. If the Lessee's insurance coverage lapses or is cancelled, Lessee will
immediately, upon written notice by the City, halt all operations on the
Airport, including the Premises. The Lessee will not resume operations
until the City receives evidence that the Lessee has obtained current
insurance coverage meeting the requirements of this Lease.
6. The City may, at intervals of not less than five years from the beginning
date of the term of this Lease and upon written notice to Lessee, revise the
insurance requirements required under this Lease. City's determination to
LEASE OF AIRPORT LANDS
Page 15 of 33
Page 34 of 114
City:
Lessee:
revise the insurance requirements will be based on the risks relative to the
Lessee's operations, any insurance guidelines adopted by the City, and any
change in applicable law.
If the Lessee subleases all or any portion of the Premises under the
provisions of this Lease, the Lessee will require the sublessee to provide to
the insurance coverage required of the Lessee under this Article X.
ARTICLE XI
LAWS & TAXES
A. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws, ordinances,
and regulations of public authorities now or hereafter in any manner affecting the Airport, the
Premises or the sidewalks, alleys, streets, and ways adjacent to the Premises, or any buildings,
structures, fixtures and improvements or the use thereof, whether or not any such laws,
ordinances, and regulations which may be hereafter enacted involve a change of policy on the
part of the governmental body enacting the same. Lessee agrees to hold City financially
harmless:
From the consequences of any violation of such laws, ordinances, and/or
regulations; and
2. From all claims for damages on account of injuries, death, or property damage
resulting from such violation.
B. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation,
business, or trade to be conducted on the Premises contrary to any law, ordinance, or regulation,
including zoning ordinances, rules and regulations.
C. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits,
pay all taxes and special assessments lawfully imposed upon the Premises, and pay other fees
and charges assessed under applicable law. Nothing in this Lease prevents the Lessee from
challenging any taxes or special assessments to the appropriate authority.
D. LITIGATION: The KMC, including regulations promulgated thereunder, and the laws of
the State of Alaska will govern in any dispute between the Lessee and City. If a dispute
continues after exhaustion of administration remedies, any lawsuit must be brought in the courts
of the State of Alaska, in Kenai, Alaska.
LEASE OF AIRPORT LANDS
Page 16 of 33
Page 35 of 114
City:
Lessee:
E. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which,
during the term of this Lease may become a lien upon or which may be levied by the State,
Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee
may have in or to the Premises or improvements on the Premises by reason of its use or
occupancy or the terms of this Lease provided, however, that nothing in this provision shall
prevent Lessee from contesting any increase in a tax or assessment under any applicable law,
ordinance, or regulation.
F. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is
declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining
terms, provisions, conditions, or parts shall continue in full force and effect as though the
declaration had not been made.
ARTICLE XII
LEASE TERMINATION
A. CANCELLATION: The City may, after 30 days' written notice to the Lessee, cancel this
Lease and recover possession of the Premises if any of the following violations occur, unless the
violation is cured within the 30 days:
The Lessee fails to pay when due the rents, additional rents, charges, or other
sums specified in this Lease, including any increases made under this Lease.
2. The Lessee's check for payment of any sum due under this Lease is returned for
insufficient funds.
3. The Lessee uses or authorizes the use of the Premises for any purpose not
authorized by this Lease.
4. The Lessee fails to fully perform and comply with any provision in this Lease.
5. The court enters a judgment of insolvency against the Lessee.
6. A trustee or receiver is appointed for the Lessee's assets in a proceeding brought
by or against the Lessee, or the Lessee files a voluntary petition in bankruptcy.
Failure by the Lessee to comply with any land development or permanent
improvement construction required by this Lease.
B. ENTRY AND RE- ENTRY: In the event that the Lease should be terminated in
accordance with this Article XII, or by summary proceedings or otherwise, or upon the Lessee's
LEASE OF AIRPORT LANDS
Page 17 of 33
Page 36 of 114
City:
Lessee:
abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or
representatives may, immediately or any time thereafter, re- enter, and resume possession of the
Premises or portion thereof, and remove all persons and property therefrom, without being liable
for any damages therefore. No re -entry by the City shall be deemed an acceptance of a surrender
of the Lease.
C. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will
continue to pay City rent after the expiration, termination, or cancellation of this lease and to
abide by the lease obligations, including providing proof of insurance coverage, through the date
Lessee relinquishes possession of and completely vacates the Premises. City will consider the
Premises completely vacated if the Lessee has;
Remediated any environmental contamination for which the Lessee is
responsible; and
2. Restored the Premises to a neat and clean physical condition acceptable to the
City.
D. REASONABLE CURE
In the case of a violation that cannot be reasonably cured within 30 days, a notice
of cancellation issued by the City to the Lessee under this Article is stayed if,
within the 30 -day notice period, the Lessee begins and continues expeditious
action to cure the violation. The City will determine if a violation cannot be
reasonably cured within 30 days and what constitutes expeditious action.
2. In the case where, in City's sole determination, Lessee's violation is considered
an imminent threat to the airport, public health or safety, or the environment, City
will direct the Lessee to stop the activity immediately and may reduce the period
to cure the violation, or the City may correct the violation pursuant to (E) of this
Article.
E. RIGHT OF CITY TO PERFORM:
If, after 30 days following notice the Lessee fails or refuses to perform any action
required by this Lease, the City will have the right, but not the obligation, to
perform any or all such actions required by this Lease at the sole expense of the
Lessee. The City will not take action if the Lessee begins and continues
expeditious action to perform any action required by this Lease that cannot be
reasonably completed within 30 days. The City will, at its sole discretion,
determine what constitutes expeditious action and if an action cannot be
LEASE OF AIRPORT LANDS
Page 18 of 33
Page 37 of 114
City:
Lessee:
reasonably performed in 30 days. The City will submit to the Lessee an invoice
for the expenses incurred by the City in the performance by the City of any
required action. The Lessee will pay the amount of each invoice within 30 days
from issuance.
2. If Lessee fails or refuses to perform any action that has been deemed an imminent
threat the City will have the right, but not the obligation, to perform any or all
such actions required to expeditiously correct the imminent threat. Lessee shall
reimburse the City for any cost, including legal fees and administrative costs
reasonably incurred by the City in acting to correct the imminent threat violation.
F. WAIVER: A waiver by the City of any default by the Lessee of any provision of this
Lease will not operate as a waiver of any subsequent default. If the City waives a default, the
City is not required to provide notice to the Lessee to restore or revive any term or condition
under this Lease. The waiver by the City of any provision in this Lease cannot be enforced or
relied upon unless the waiver is in writing and signed on behalf of the City. The City's failure to
insist upon the strict performance by the Lessee of any provision in this Lease is not a waiver or
relinquishment for the future, and the provision will continue in full force.
G. AIRPORT CLOSURE:
If the City closes the airport to aircraft operations for sixty (60) days or less, this
Lease will remain in full force and effect without adjustment
2. If the City closes the Airport to aircraft operations for more than sixty (60) days,
but not permanently, and this Lease is for aviation or direct aviation support uses,
the Lessee may, upon written notice to the City, either terminate the Lease or
retain the Lease and receive a fifty (50 %) percent rent reduction or credit for that
portion of the closure that exceeds 60 days.
If the City permanently closes the Airport to aircraft operations and
(a) this Lease is for aviation or direct aviation support uses, the Lessee may
terminate this agreement by written notice to the City; or
(b) this Lease is for non - aviation uses, the Lessee may request in writing to
have the Lease terminated. The City will consider the Lessee's request in
light of the City's best interest and either terminate the Lease, or deny the
Lessee's request in writing.
LEASE OF AIRPORT LANDS
Page 19 of 33
Page 38 of 114
City:
Lessee:
H. DISASTERS
The Lessee or City may cancel this lease upon written notice to the other party if;
the Premises becomes unusable through no fault of either party and performance
under this lease becomes impossible; or
2. the Airport becomes unusable through no fault of either party and the
performance under this lease becomes impossible.
If the Lessee elects in writing that it will continue to operate after notice from City to Lessee that
the Airport has become unusable, the Lessee's obligations under the Lease will continue, but
City shall be under no obligation to continue to perform.
Causes for termination of the lease under this provision (H) include acts of God, the public
enemy, and the United States.
1. NATIONAL EMERGENCY: If the federal government declares a national emergency,
neither party may hold the other liable for any inability to perform any part of this Lease as a
result of the national emergency.
J. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XII,
Lessee shall, on the last day of the term of this Lease (including any extension or renewal
thereof) or upon any earlier termination of this Lease, surrender and deliver up the premises into
the possession and use of City without fraud or delay in good order, condition, and repair, except
for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal,
free and clear of all lettings and occupancies unless expressly permitted by the City in writing,
and free and clear of all liens and encumbrances other than those created by and for loans to
City.
K. Disposition of Improvements Upon Termination.
(a) Permanent improvements constructed by Lessee, excluding site development materials
and utility lines and connection are the Lessee's property, subject to the terms and
provisions of this Lease, as long as Lease remains in effect.
(b) Upon, expiration, cancellation or termination of this lease the Lesssee may elect to do
one or more of the following:
(1) Remove Lessee owned permanent improvements from the premises, remediate any
damage, and restore the premises to a clean and neat physical condition acceptable to
City within 60 days of termination of the lease.
(2) Sell Lessee owned improvements to succeeding lessee, if any, and remediate any
damage, and restore the premises to a clean and neat physical condition acceptable to
LEASE OF AIRPORT LANDS
Page 20 of 33
Page 39 of 114
City:
Lessee:
City within 60 days of termination of the lease.
(3) Request the City sell Lessee -owned permanent improvements at a public auction and
remediate any damage, and restore the premises to a clean and neat physical condition
acceptable to City within sixty (60) days of termination of the lease. The City will not
unreasonably deny such a request and will pay the Lessee any proceeds of the sale less
the administrative costs of the public auction and any financial obligation the Lessee
owes the City under the Lease. If all or a portion of the lessee owned permanent
improvements do not sell at public auction, the Lessee shall, within sixty (60) days of the
public auction, remove those permanent improvements days and remediate any damage,
and restore the premises to a clean and neat physical condition acceptable to City.
ARTICLE XHI
GENERAL COVENANTS
A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands or
facilities without the written consent of the City is prohibited. This prohibition shall not apply to
use of areas designated by the City for specified public uses, such as passenger terminals,
automobile parking areas, and streets.
B. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not
limited to recording costs, shall be paid by Lessee.
C. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good
order at the Lessee's own expense, allowing no damage, waste, nor destruction thereof, nor
removing any material therefrom, without written permission of the City. At the expiration of
the term fixed, or any earlier termination of the Lease, the Lessee will peaceably and quietly quit
and surrender the premises to the City.
D. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the
Premises by the Lessee must be compatible with its surroundings and consistent with the uses
authorized under this Lease, as determined by the City. The Lessee must obtain the City's
written approval before placing fill material, beginning any land development, or constructing or
demolishing any improvements on the Premises, and before beginning any alterations,
modifications, or renovation of existing structures on the Premises. The Lessee must submit to
the City detailed drawings of the proposed development, alteration, modification, or renovation_.
together with specifications or any other information the City reasonably requires. Further, the
Lessee will submit to City evidence of the Lessee's compliance with Federal Aviation
Administration regulation 14 CFR Part 77.
LEASE OF AIRPORT LANDS
Page 21 of 33
Page 40 of 114
City:
Lessee:
E. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee
agrees that City may modify this Lease to meet revised requirements for Federal or State grants,
or to conform to the requirements of any revenue bond covenant. However, the modification
shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause
the Lessee financial loss.
F. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and
covenants that the Lessee, upon paying rent and performing other covenants, terms, and
conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and
enjoy the Premises, except that the following shall not construed as a denial of the right of quiet
or peaceable possession:
Any inconvenience caused by public works projects in or about the Premises; and
2. Any other entries by the City on the Premises reserved or authorized under other
provisions of this Lease.
G. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that
the City shall not be construed or held to be a partner or joint venture of Lessee in the conduct of
the Lessee's activities or business on the Premises. The relationship between the City and the
Lessee is, and shall at all times remain, strictly that of landlord and tenant, respectively.
H. DISCRIMINATION: The Lessee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or state
law. The Lessee recognizes the right of the City to take any action necessary to enforce this
provision, including actions required pursuant to any federal or state law.
I. AFFIRMATIVE ACTION: If required by 14 CFR Part 152, subpart E, the Lessee will
undertake an affirmative action program to insure that no person will be excluded from
participating in any employment activities offered by the Lessee on the grounds of race, creed,
color, national origin, or sex. No person may be excluded on these grounds from participating in
or receiving the services or benefits of any program or activity covered by subpart E. The Lessee
further agrees that it will require its suborganization(s) provide assurance to the City to the same
effect that they will also undertake affirmative action programs and require assurances from their
suborganization(s) as required by 14 CFR, Part 152, subpart E.
Tenant shall use the premises in compliance with all other requirements imposed by or
pursuant to title 49, code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulation may be amended.
LEASE OF AIRPORT LANDS
Page 22 of 33
Page 41 of 114
City:
Lessee:
J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms,
conditions, and agreements of the parties and supersedes any previous understandings or
agreements regarding the Premises whether oral or written. No modification or amendment of
this Lease is effective unless in writing and signed on behalf of the City and the Lessee.
K. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce
reasonable rules and regulations governing the Airport, including the Premises. The City shall
not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights
under this Lease, on account of the exercise of the City's authority reserved under this provision.
Furthermore, the Lessee shall not be entitled to terminate the whole or any portion of the
leasehold estate created under this Lease, by reason of the exercise of the City's authority
reserved under this provision, unless the exercise thereof so interferes with Lessee's use and
occupancy of the Premises as to constitute a termination, in whole or in part, of this Lease by
operation of law under the laws of the State of Alaska and of the United States made applicable
to the states.
L. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not
permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens
obtainable or available under the then existing laws, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Lessee or claimed to have
been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with
work of any character performed or claimed to have been performed on the Premises or
improvements by or at the direction or sufferance of Lessee. Provided, however, the Lessee shall
have the right to provide a bond as contemplated by Alaska law and contest the validity or
amount of any such lien or claimed lien. Upon a final determination of the lien or claim for lien,
the Lessee will immediately pay any judgment rendered with all proper costs and charges and
shall have such lien released or judgment satisfied at Lessee's own expense.
M. CONDEMNATION: In the event the Premises or any part thereof shall be condemned
and taken for a public or a quasi - public use, then upon payment of any award or compensation
arising from the condemnation or taking, the City and the Lessee shall make a good faith effort
to agree upon
1. the division of the proceeds;
2. the abatement in rent payable during the term or any extension of the term of this
Lease; and
3. other adjustments as the parties may agree upon as being just and equitable under
all the circumstances.
LEASE OF AIRPORT LANDS
Page 23 of 33
Page 42 of 114
City:
Lessee:
If, within thirty (30) days after the award has been paid into Court, the City and Lessee are
unable to agree upon what division, abatement in rent, and other adjustments as are just and
equitable, the dispute shall be determined by arbitration.
N. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the
benefit of the respective successors and assigns of the parties hereto, subject to such specific
limitations on assignment as are provided for in this Lease.
O. NOTICES:
Any notices required by this Lease must be in writing and must be delivered
personally or mailed by certified or registered mail in a prepaid envelope. A
mailed notice
a. must be addressed to the respective party at the address written on the first
page of this Lease or to the latest address designated in accordance with
(2) of this Provision (0); and
b. shall be deemed delivered on the date it is deposited in a U.S. general or
branch post office.
2. The City or the Lessee may, from time to time, designate a new address at which
they will receive notices by providing the other party with written notice at least
15 days prior to the effective date of the change. An address change notice must
be delivered according to the procedure set out in (1) of this Provision (0).
P. RETENTION OF RENTAL: In the event the City terminates this Lease because of any
breach by the Lessee, the City shall retain any unused balance of the rental payment last made by
the Lessee City as partial or total liquidated damages for the breach.
Q. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and
take all necessary action to suppress destructive or uncontrolled fires and comply with all laws,
regulations, and rules promulgated and enforced by the City for fire protection on the Airport.
R. PERSONAL USE OF MATERIALS: No interest in coal, oil, gas or any other mineral,
or in any deposit of stone or gravel valuable for extraction or utilization is included in the
Premises or in the rights granted by this lease.. The Lessee shall not sell or remove from the
Premises for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material
valuable for building or commercial purposes.
LEASE OF AIRPORT LANDS
Page 24 of 33
Page 43 of 114
City:
Lessee:
S. APPROVAL OF OTHER AUTHORITIES: The granting of this lease by the City does
not relieve the Lessee of the responsibility to obtain any license or permit as may be required by
federal, state, or local law.
T. EXECUTION BY THE PARTIES: This Lease is of no effect unless signed by the
Lessee, or a duly authorized representative of Lessee, and an authorized representative of the
City.
U. CAPTIONS: The captions of the provisions of this Lease are for convenience only and
do not necessarily define, limit, describe, or construe the contents of any provision.
V. RIGHTS OF CONSTRUCTION: This Lease is intended to make public property
available for private use, while at all times protecting the public interest to the greatest extent
possible. Following the rule that transfers of interest in public property are to be strictly
construed in favor of the public property landlord, all rights granted to the Lessee under this
Lease will be strictly construed, and all rights of the City and the protections of the public
interest will be liberally construed.
W. LESSEE ACKNOWLEDGEMENT: The Lessee acknowledges that the Lessee has read
this Lease and fully understands its terms, that the Lessee has been fully advised or has had the
opportunity of advice by separate legal counsel, and voluntarily executes this Lease. Lessee also
acknowledges and agrees that the rule of interpretation under which a document is construed
against the drafter will not apply to this Lease.
X. APPROVAL BY LESSOR: Any approval required of the Lessor by this Lease will not
be unreasonably withheld. The Lessor's approval does not waive the Lessee's legal
responsibility or liability to comply with all applicable federal and state laws and regulations.
ARTICLE XIV
SURVEY, IMPROVEMENTS AND PERFORMANCE BOND
A. SURVEY: The Lessee is solely responsible, at its sole expense, to confirm or establish
the physical location of the boundaries of the Premises prior to beginning any construction
thereon, including clearing grubbing, back - filling and environmental sampling. Any survey of
the Premises shall be performed by a Land Surveyor registered in the State of Alaska. The
Lessee shall furnish the City with a copy of the plat of any survey performed on the Premises by,
or on behalf of, the Lessee.
B. IMPROVEMENTS.
LEASE OF AIRPORT LANDS
Page 25 of 33
Page 44 of 114
City:
Lessee:
1. REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to
complete land development and construction of Permanent Improvements
including removal of waste material previously buried on the site and
construct two 2 6 -plea unit t- hangar heated complex , by no later than
September 1, 2016 with an appraised value of at least $500,000.00. In
addition to the as -built drawings required by this Lease, the Lessee must
submit to the City written evidence that the Lessee has completed the land
development and constructed improvements on the Premises with an
aggregate cost or investment of not less than $500,000.00.
The evidence of cost must be submitted to the City within sixty (60) days
of the completion of the development and improvements, but by no later
than September 1, 2016.
a. Costs considered toward the aggregate cost of permanent improvements
include building construction, design, labor, materials, materials shipping,
permits, equipment, soil testing, environmental baseline report, and
environmental assessment directly related to the construction; premises
and as -built surveys; site preparation, including excavation, geotextile
fabric, filling, grading, fill material, gravel, and pavement, remediation of
environmental contamination (unless Lessee caused or materially
contributed to the contamination); and utility connection costs.
b. The cost of Permanent Improvements excludes
(i) work performed by the City and not reimbursed by the Lessee;
and
(ii) work performed by the Lessee and reimbursed by the City.
FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete
the required construction within the time allowed under (13)(1) of this Article,
including any extensions granted, the City will execute against and the Lessee
will forfeit, any bond or other guarantee given by the Lessee and, as applicable,
City will
a. initiate cancellation of the lease; or
b. reduce the term of the lease to a period that is consistent with the portion
of the required construction timely completed.
LEASE OF AIRPORT LANDS
Page 26 of 33
Page 45 of 114
City:
Lessee:
3. APPEARANCE: When completed, all improvements on the Premises must be
neat, presentable, and compatible with the authorized use of the Premises under
this Lease, as determined by the City.
4. CITY APPROVAL REQUIRED: The Lessee must first obtain the City's written
approval before beginning any land development, construction or demolition of
any improvements on the Premises, or before beginning any alterations,
modifications, or renovation of existing structures on the Premises. The Lessee
must submit to the City detailed drawings of the proposed development,
alteration, modification, or renovation. Further, the Lessee will submit to City
evidence of the Lessee's compliance with the FAA regulation 14 CFR Part 77.
5. CITY APPROVAL WITHHELD: The City's approval of any construction,
alteration, modification, or renovation will not be withheld unless:
a. the Lessee fails to demonstrate adequate financial resources to complete
the project;
b. the project plans, specifications, and agency approvals are incomplete;
C. the proposed project would result in a violation of an applicable ordinance,
regulation, or law;
d. the proposed project would interfere with or is incompatible with the
safety, security, maintenance, or operation of the airport;
e. the proposed project is inconsistent with the Airport Master Plan;
f the proposed project is inconsistent with the terms of the lease, zoning
ordinances, or the City's Comprehensive Plan;
g the project plans do not make sufficient provision for drainage, aircraft,
vehicle, and equipment parking, or for snow storage; or
h. the proposed project does not conform to generally recognized
engineering principles or applicable fire or building codes.
6. DEMOLITION: Prior to any demolition of any structure(s) on the Premises,
Lessee will deliver to City a written scope of work that, at a minimum, lists the
structure(s) that are to be demolished and the timeframe for demolition and
removal of the debris from the Airport. City will review Lessee's scope for
demolition and issue Lessee written approval for the work to be done.
BUILDING SETBACK: No building or other permanent structure may be
constructed or placed within twenty (20) feet of any lot line of the Premises
without City's prior written approval. In addition, no building or other permanent
structure may be constructed or placed within N/A feet of any boundary line of
the Premises which fronts on a landing strip, taxiway, or apron.
LEASE OF AIRPORT LANDS
Page 27 of 33
Page 46 of 114
City:
Lessee:
8. AS -BUILT DRAWINGS: Within sixty (60) days after completion of
construction or placement of improvements upon the Premises, the Lessee will
deliver to the City a copy of an as -built drawing, acceptable to the City, showing
the location and dimensions of the improvements, giving distances to all
Premises' boundaries. If the Lessee constructs underground improvements, the
Lessee will appropriately mark the surface of the land with adequate surface
markers. The type, quantity, and distance between such markers will be subject to
approval of the City.
9. AIRPORT SECURITY FENCING: If any construction by the Lessee requires a
realignment or alteration of an existing security fence on the Premises or
boundary of the Premises, the Lessee agrees to realign or alter the fence in a
manner approved in writing by the Airport Manager. Anytime the fence must be
breached to allow the Lessee to complete improvement construction or fence
modifications, the Lessee shall, at the Lessee's sole expense place temporary
barriers to maintain the security of the Airport, as determined by the Airport
Manager. If damage occurs to a security fence on the Premises or boundary of the
Premises in connection with the Lessee's use or occupation of the Premises, the
Lessee shall promptly repair the fence to the satisfaction of the Airport Manager.
10. DAMAGE TO IMPROVEMENTS: If Lessee's improvements on the Premises
are damaged or destroyed, Lessee will cause the improvements to be repaired or
rebuilt, and restored to normal function within two (2) years following the
damage or destruction. If the Lessee fails to timely rebuild or restore the
improvements, the City may, at its sole discretion, either reduce the term of this
Lease commensurate with the estimated value of the Lessee's remaining, fully
functional improvements on the Premises, or cancel this Lease.
11. DAMAGE NEAR EXPIRATION: If Lessee's improvements are damaged to the
extent that more than 50% of the space is unusable and the damage occurs within
five years of the expiration of the term of this Lease, Lessee may remove the
damaged improvements, restore the Premises and terminate this Lease.
C. PERFORMANCE BOND: Prior to beginning the construction of permanent
improvements required under (B)(1) of this Article, the Lessee shall submit to the City a
performance bond, deposit, or other security in the amount of $N /A. The form of the bond or
other security shall be subject to the City's approval.
LEASE OF AIRPORT LANDS
Page 28 of 33
Page 47 of 114
City:
Lessee:
D. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this
Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into
the possession and use of City without fraud or delay in good order, condition, and repair, except
for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal,
free and clear of all lettings and occupancies unless expressly permitted by the City in writing,
and free and clear of all liens and encumbrances other than those created by and for loans to
City. Upon the end of the term of this Lease, including any extension or renewal, or any earlier
termination thereof, title to the buildings, improvements and building equipment shall
automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon.
However, if City should require any such document in confirmation hereof, Lessee shall execute,
acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by
any and all governmental units in connection herewith.
E. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three
days prior to commencing any construction project valued in excess of $1,000.00 on the
Premises. The Lessee agrees to assist in the posting of a notice of non - responsibility and
maintenance of the notice on the Premises during construction. Lessee agrees that in the event
the Lessee fails to notify the City as required by this Provision (f), the Lessee shall indemnify the
City against any materialmen's liens as defined in AS 34.35.050 which arise as a result of
construction on the premises.
ARTICLE XV
SPECIAL PROVISIONS
A. CITY CONSTRUCTED IMPROVEMENTS.
I.. ALTERNATIVE ONE — The City commits to construct improvements after the
lease is signed.
(a) As part of the exchange of consideration of this lease, the City will, at the
City's expense, cause the following improvements to be constructed on or
in connection with the Premises:
(i) N /A;
(ii) N /A;
(iii) N /A.
(b) The City's total cost of the improvement construction shall not exceed
$N /A without the Lessee's written concurrence.
LEASE OF AIRPORT LANDS
Page 29 of 33
Page 48 of 114
City:
Lessee:
(c) The Lessee shall reimburse the City for the City's cost of constructing the
improvements. The reimbursement shall be made in ten (10) equal annual
payments, plus interest at eight percent (8 %) per year on the unpaid
balance. The Lessee may pay the entire remaining balance to the City
earlier than due.
(d) After completing the improvements, the City will give the Lessee written
notice of the City's total cost of constructing the improvements and the
date on which the Lessee's reimbursement payments shall begin, which
date shall be no earlier than 60 days after the date of the City's notice.
The Lessee's annual reimbursement payment for each succeeding year
shall be made to the City by no later than the anniversary of date on which
the first payment was due.
(e) Failure by the Lessee to timely reimburse the City as required under (b)
through (d) of this provision shall be grounds for termination of this lease
by the City.
2. ALTERNATIVE TWO — The City builds improvements before the lease is
signed.
(a) The Lessee acknowledges that prior to the execution of this lease, the City
constructed the following improvements on or in connection with the
Premises:
(i) N /A;
(ii) N /A;
(iii) N /A.
(b) The City's total cost to construct the improvements was $N /A.
(c) As part of the consideration of this lease, the Lessee shall reimburse the
City for the City's cost of constructing the improvements. The
reimbursement shall be made in ten (10) equal annual payments, plus
interest at eight percent (8 %) per year on the unpaid balance. The Lessee
may pay the entire remaining balance to the City earlier than due.
(d) The Lessee shall make the first reimbursement payment to the City by no
later than the first anniversary of the lease term beginning date given in
Article III of this Lease. The Lessee's annual reimbursement payment for
LEASE OF AIRPORT LANDS
Page 30 of 33
Page 49 of 114
City:
Lessee:
each succeeding year shall be made to the City by no later than the
anniversary of date on which the first payment was due.
(e) Failure by the Lessee to timely reimburse the City as required under (c)
and (d) of this provision shall be grounds for termination of this Lease by
the City.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and
year stated in the individual acknowledgments below.
(If Lessee is a Corporation)
ATTEST:
Name
Title
LEASE OF AIRPORT LANDS
Page 31 of 33
CITY OF KENAI
By:
Rick R. Koch
City Manager
LESSEE:
LEGACY ELECTRIC, LLC
By:
Name & Title
Page 50 of 114
City:
Lessee:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of 2014,
Name: , Title: , of LEGACY ELECTRIC,
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.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 2014, 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.
LEASE OF AIRPORT LANDS
Page 32 of 33
Notary Public for Alaska
My Commission Expires:
Page 51 of 114
City:
Lessee:
Approved as to lease form by City Attorney: S
Approved by Finance Director:
Airport Commission recommended approval on
Planning & Zoning Commission recommended approval on
Sandra Modigh, City Clerk
LEASE OF AIRPORT LANDS
Page 33 of 33
Page 52 of 114
City:
Lessee:
KENAI CITY COUNCIL — REGULAR MEETING
NOVEMBER 19, 2014 — 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 November 19, 2014, in City
Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:00
p.m.
1. Pledge of Allegiance
Mayor Pat Porter led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Ryan Marquis
Robert Molloy
Henry Knackstedt
Pat Porter
A quorum was present.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Amber McGlasson, Deputy Clerk
3. Agenda Approval
Brian Gabriel
Terry Bookey
Tim Navarre (telephonic)
Mayor requested an additional applicant be added to G8, Appointment of a new Planning
and Zoning Commissioner.
MOTION:
Council Member Molloy MOVED to approve the agenda requested UNANIMOUS
CONSENT. Council Member Knackstedt SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
Page 53 of 114
4. Consent Agenda
MOTION:
Council Member Bookey MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
Mayor Pat Porter opened the floor for public comment; there being no one wishing to be
heard, public comment was closed.
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 — None
C. UNSCHEDULED PUBLIC COMMENTS — None
D. PUBLIC HEARINGS
Ordinance No. 2798 -2014 — Increasing Estimated Revenues and
Appropriations by $16,515 in the Senior Citizen Fund, for Supplemental
Nutrition, Transportation, and Support Services Grant Funding Received for
Fiscal Year 2015.
Mayor Pat Porter opened public hearing; there being no one wishing to be heard, the
Public hearing was closed.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2798 -2014 and the motion was
SECONDED by Marquis.
Molloy reported on the Council on Aging meeting on November 13'h noting it was
recommended to amend the ordinance to include remote starters.
VOTE:
YEA: Bookey, Gabriel, Knackstedt, Marquis, Molloy, Porter, Navarre
NAY:
MOTION PASSED UNANIMOUSLY
2. Ordinance No. 2799 -2014 — Consenting to the Vacation of Certain Right -of-
Ways within the Shoreline Heights 2014 Addition Subdivision.
City of Kenai Council Meeting Page 2 of 8
November 19, 2014
Page 54 of 114
Mayor Pat Porter opened public hearing; there being no one wishing to be heard, the
public hearing was closed.
MOTION:
Council Member Marquis MOVED to enact Ordinance No. 2799 -2014 and the motion was
SECONDED by Gabriel
Surveyor Scott Hoff of Integrity Survey Inc. provided a brief history of the easements and
right -of -ways of the Plat.
City Attorney Bloom noted he'd bring forward a Code change for Council to enact by
Resolution instead of Ordinance.
Council Member Knackstedt declared he had previously voted for this Ordinance on the
Planning Commission.
VOTE:
YEA: Bookey, Gabriel, Knackstedt, Marquis, Molloy, Navarre, Porter
NAY:
MOTION PASSED UNANIMOUSLY.
3. Resolution No. 2014 -66 — Awarding an Agreement to Univar USA, Inc. to
Furnish and Deliver Chemicals
Mayor Pat Porter opened public hearing; there being no one wishing to be heard, the
public hearing was closed.
MOTION:
Council Member Marquis MOVED to adopt Resolution No. 2014 -66 and requested
UNANIMOUS CONSENT the motion was SECONDED by Gabriel.
City Koch explained the changes of the previous year's bid and this year's bid.
There being no objections, SO ORDERED.
4. Resolution No. 2014 -67 — Authorizing Amendment to the City's Health
Care Flexible Spending Arrangement Flexible Benefits Plan Document
Mayor Pat Porter opened public hearing; there being no one wishing to be heard, the
public hearing was closed
MOTION:
Council Member Bookey MOVED to approve Resolution No. 2014 -67 and requested
UNANIMOUS CONSENT the motion was SECONDED by Marquis
There being no objections SO ORDERED.
City of Kenai Council Meeting Page 3 of
November 19, 2014
Page 55 of 114
5. Resolution No. 2014 -68 —Awarding an Agreement to K +A Design studios
for the Professional Architectural and Design Services for the Multipurpose
Facility Upgrades
Mayor Pat Porter opened public hearing; there being no one wishing to be heard, the
public hearing was closed
MOTION:
Council Member Gabriel MOVED to adopt Resolution No. 2014 -68 and requested
UNANIMOUS CONSENT; Molloy SECONDED.
City Manager Koch advised $10,000 would be covering line drawings for upgrades to the
Multipurpose Facility.
There being no objections, SO ORDERED.
E. MINUTES
1. *Regular Meeting of November 5, 2014
Minutes were approved by the consent agenda.
UNFINISHED BUSINESS — None.
G. NEW BUSINESS
1. *Action /Approval — Bills to be Ratified.
Bills were approved by the consent agenda.
*Action /Approval — Purchase Orders Exceeding $15,000
Approved by the consent agenda.
3. *Ordinance No. 2800 -2014 — Accepting and Appropriating a Donation from
Hilcorp Energy Company to Assist with the Annual Kenai Senior Center
Thanksgiving Dinner.
Introduced by the consent agenda and set for public hearing on December 3, 2014.
*Ordinance No. 2801 -2014 — Accepting and Appropriating a Grant from the
State of Alaska Library for Employee Travel and Training.
Introduced by the consent agenda and set for public hearing on December 3, 2014.
5. Action /Approval — Appoint Council Liaisons to Commissions, Committees,
and Council on Aging.
City of Kenai Council Meeting Page 4 of 8
November 19, 2014
Page 56 of 114
Council Member Bookey MOVED to approve the Council Liaisons to Commissions,
Committees, and Council on Aging as provided in the packet, it was SECONDED by
Molloy.
VOTE:
YEA: Bookey, Gabriel, Knackstedt, Marquis, Molloy, Navarre, Porter
NAY:
MOTION PASSED UNANIMOUSLY.
6. Action /Approval —Mayoral Nomination and Council Confirmation to Appoint
Paul Minelga to the Airport Commission.
MOTION:
Council Member Bookey MOVED to approve the Mayoral nomination to appoint Paul
Minelga to the Airport Commission and requested UNANIMOUS CONSENT, it was
SECONDED by Marquis.
There being no objections, SO ORDERED
7. Action /Approval —Mayoral Nomination and Council Confirmation to Appoint
Holly Spann to the Parks & Recreation Commission
MOTION:
Council Member Bookey MOVED to approve the Mayor's nomination to appoint Holly
Spann to the Parks & Recreation Commission; it was SECONDED by Marquis.
VOTE:
YEA: Knackstedt, Marquis, Navarre, Porter, Bookey, Gabriel
NAY: Molloy
MOTION PASSED
8. Action /Approval — Mayoral Nomination and Council Confirmation to Appoint
an Applicant to the Planning and Zoning Commission
Mayor Porter nominated James Glendening. Council will consider his appointment at the
December 31d meeting.
9. Action /Approval — Assignment of Lease between Buccaneer Alaska
Operations, LLC and AIX Energy LLC for Lease of Airport Lands described as
Tract A -2, Kenai Spur Airport Lease Property
Councilor Molloy MOVED to approve the assignment of the lease between Buccaneer
Alaska Operations, LLC and AIX Energy LLC for Lease of Airport Lands described as
Tract A -2 and requested UNANIMOUS CONSENT; it was SECONDED by Gabriel.
City of Kenai Council Meeting Page 5 of 8
November 19, 2014
Page 57 of 114
City Attorney Bloom requested the approval be contingent on the City's right to access
seismic testing data.
Councilor Bookey MOVED to amend the assignment of the lease to include the condition
that AIX honor the City's ability to access seismic testing data and requested
UNANIMOUS CONSENT; it was SECONDED by Knackstedt.
10. Action /Approval — Assignment of Lease between Buccaneer Alaska
Operations, LLC and AIX Energy LLC for Lease of Airport Lands described as
Lot 8, Kenai Industrial Park Subdivision
Council Member Bookey MOVED to approve the assignment of Lease between
Buccaneer Alaska Operations, LLC and AIX Energy LLC for Lease of Airport Lands
described as Lot 8 with the same conditions stated in previous motion and requested
UNANIMOUS CONSENT; it was SECONDED by Marquis.
There being no objections, SO ORDERED
11. Discussion- Purchasing Policy
Council Member Molloy suggested changes be made to the local preference ordinance
and competitive bidding in code.
City Manager Koch explained the pros of joint purchasing with other agencies.
Council concurred to conduct a work session in March 2015 to further discuss policy
changes.
H. COMMISSION /COMMITTEE REPORTS
Council on Aging — Council Liaison Molloy reported on:
• Letter to Council on Senior Center upgrades
• Upcoming November 25t1 Thanksgiving Dinner at 11:30 a.m.
• Veterans Celebrations on November 1011 were very successful
• Bylaws discussion
• Requested City Attorney attend next meeting
2. Airport Commission — meeting was canceled
3. Harbor Commission — Council Liaison Molloy reported on Harbor Commissions
concerns with their roll and responsibilities. Requested the City Attorney
attend next meeting.
4. Library Commission — Porter requested to sunset this commission.
5. Parks and Recreation Commission — Bookey noted minutes were in the packet
from November 6 meeting.
City of Kenai Council Meeting Page 6 of 8
November 19, 2014
Page 58 of 114
6. Planning and Zoning Commission —Navarre noted minutes were in the packet
from the November 10 meeting and that the meeting for November 26 was
canceled.
7. Beautification Committee— no report
8. Mini -Grant Steering Committee — no report
I. REPORT OF THE MAYOR
Mayor Porter noted she would like to conduct a town hall meeting to discuss
legalizing of marijuana.
City Attorney Bloom provided Council with a time line of enactment of proposed
regulations for the new law.
Council concurred to discuss the matter at a later date.
J. ADMINISTRATION REPORTS
1. City Manager reported on the following:
• Attended AML Conference
• Thanked Bloom for his efforts with Buccaneer & AIX issues
2. City Attorney reported he attended AML Conference and found classes to be
informative.
3. City Clerk reported she and Deputy McGlasson attended the AAMC
Conference, classes were informative; thanked Rick for providing supportwhile
out of the office.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Fred Braun, Kenai resident, spoke in favor of the City making more local purchases
Caty Quinn, Kenai resident, spoke in opposition of the City doing business with AIX.
Thomas Daily, Kenai resident, provided his views on public perception of the business
community.
2. Council Comments
Councilor Gabriel noted he attended the Boys & Girls Club fundraiser and thanked
Veterans for their service.
Council member Knackstedt advised he attended AML & Planning Commission training
and found them to be very informative and educational.
City of Kenai Council Meeting Page 7 of 8
November 19, 2014
Page 59 of 114
Council member Navarre reported on AML Conference.
L. EXECUTIVE SESSION — None
M. PENDING ITEMS
1. Action /Approval — Special Use Permit Between the City Of Kenai and
Hilcorp Alaska, LLC for Parking of 37 Non - Commercial Passenger Vehicles
in Designated Areas at the Kenai Municipal Airport. [Clerk's Note: At its
November 5" meeting, Council postponed this item to the December 31
2. Action /Approval —Consent to Sublease between Dan O. Pitts and Hilcorp
Alaska for Lot 2A1, FBO Subdivision, South Addition No. 2. (Clerk's Note:
At its November 5' meeting, Council postponed this item to the December
3rd.1
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at
8:38 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of
November 19, 2014.
Sandra Modigh, CMC
City Clerk
City of Kenai Council Meeting Page 8 of 8
November 19, 2014
Page 60 of 114
KENAI CITY COUNCIL WORK SESSION
2014 DIP NET REPORT
NOVEMBER 20, 2014
6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
Council present: Mayor Pat Porter, R. Marquis, B. Molloy, B. Gabriel, H. Knackstedt
Others present: Finance Director T. City
Attorney S.
Chief G. SandahCland SIT Manager D.
Castimore
Mayor Porter began the work session at approximately 6:00 p.m.
City Manager Koch provided an overview of the 2014 Dip Net Report and noted another large
salmon run this season; however, different than previous years on the length and timing of the
runs. Koch noted the following improvements implemented in 2013:
• "No wake" zones eliminated destruction of private property and erosion of natural
habitats.
• Eliminated beach access at Old Cannery Road and creation of two -lane access at
Dunes Road.
• Improved software in shacks with ability to save statistical data
• North & South beaches were raked daily in evening hours with advisory signs about fish
waste provided cleaner beaches
• Additional fencing at end of South Forest to further protect vegetation
Proposed changes to the 2015 fishery and fee structure:
• Construction of a new access road to the beach south of the mouth of the Kenai River
• Increase fees at the Municipal Boat Launch
• Eliminate the annual permit for boat launch and parking
• Capital improvements for the Personal Use Fishery Fund
• Additional security camera at Dunes Road
Clerk's Note: the Mayor exited the meeting at 6:46 p.m.
Finance Director Eubanks provided an overview of the fisheries finances noting an increase in
revenue although there'd been a decrease in fees. It was believed the increase was due to
having fee shacks open 24/7.
Residents provided the following comments:
Opposed to parking created on the access road
Recommended the shacks use generators for power
Page 61 of 114
KENAI CITY COUNCIL WORK SESSION
NOVEMBER 20, 2014
PAGE 2
• Requested a permit for residents to bypass the shacks for dropping off individuals
• Recommended an incentive be provided to residents of the city vs. people from other
areas of the state
• Opposed to erosion on the bluff from individuals using private property; requested
additional signage.
Council Member Knackstedt spoke in favor of increasing the boat launch fees and
recommended an increase in launch times.
Councilor Molloy thanked Administration for the excellent report and the management of this
year's fishery; thanked the public for their input.
Council Member Marquis agreed with Molloy's comments and noted there were a huge crowds
of people in Old Town watching the huge crowds of people on the beach; recognized that the
management of the Fishery had improved and complaints are reduced.
Council Member Gabriel echoed sediments of other councilors and thanked Administration for
the data and report; thanked residents for their input; happy to see the vegetative areas being
protected.
The work session was adjourned at 8:15 p.m.
Notes prepared by:
Sandra Modigh, CMC
City Clerk
Page 62 of 114
" "V'llaye with a Past C# with a Future/'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ilm
Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014
1992
MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: October 30, 2014
SUBJECT: Agenda Item G4, Action /Approval, Special Use Permit between the
City of Kenai and Hilcorp Alaska, LLC for parking of 37 non-
commercial passenger vehicles in designated areas at the Kenai
Municipal Airport
The purpose of this correspondence is to recommend Council approval of the above
referenced special use permit.
Representatives from Hilcorp Alaska, LLC, (hereafter Hilcorp) met with the
Administration to discuss tenancy at the Kenai Municipal Airport Terminal Building and
other support services. The specific scope of Terminal tenancy remains an ongoing
discussion, and in the interim Hilcorp has been utilizing the Terminal to support multiple
aircraft operations each day.
Hilcorp is in the process of determining if other Terminal tenants may provide ground
support services or whether Hilcorp will undertake ground support services themselves.
Hilcorp requested a proposal from the City to provide adequate parking spaces to
accommodate their personnel whom are engaged primarily in shift work on platforms
and the west side of Cook Inlet.
I have worked with Hilcorp Director of Aviation to develop the mutually agreed upon
Special Use Permit.
Page 63 of 114
Thank you for your attention in this matter. If you have any questions, please contact
me at your convenience.
Page 64 of 114
SPECIAL USE PERMIT
The CITY OF KENAI (City) grants to Hilcorp Alaska, LLC ( Permittee), whose address
is P.O. Box 244027, Anchorage, Alaska 99524 -4027 a Special Use Permit for Parking at
the Kenai Municipal Airport subject to the requirements and the conditions set forth
below.
1. Premises. Permittee shall have the exclusive right to use those areas shown in the
attached diagram (Exhibit A) for the uses identified in this Permit.
2. Term. The term of this Permit shall be for one year commencing on November 1,
2014, and ending on October 31, 2015. Regardless of the date of signature, this Permit
shall be effective as of November 1, 2014.
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Permittee under this Permit:
A. Permit: Permittee shall pay a monthly fee of $4,000 for 37 parking spaces,
plus applicable sales tax. The Permitte may use additional parking spaces in the
same general area during employee "change outs."
B. Other Fees: City may assess additional fees for aviation or aviation
support activities and uses not defined in this Permit. If a fee has not been
established for those activities or services, a fee will be established by the Airport
Manager.
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees
are payable in advance of each month unless otherwise provided. In the event of
delinquency, interest at the rate of ten percent (10 %) per annum, and penalty of ten
percent (10 %) shall also be due (KMC 1.75.010). Interest shall accrue from the date due
until the date paid in full. Failure to timely make payments is grounds for termination of
this Permit.
4. Use. City authorizes Permittee's exclusive use of the Premises for the following
purpose(s):
Parking of 37 non - commercial passenger vehicles in the designated areas shown in
Exhibit A with larger numbers of vehicles only during personnel "changeouts."
Additional parking may be provided as needed and available.
Special Use Permit — Hilcorp (Parking)
Page 65 of 114
Page 1 of 4
Use of the Premises by Permittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
Permittee acknowledges that the use granted herein is subject to the Kenai Municipal
Code and municipal regulations governing the Kenai Municipal Airport and as those laws
and regulations may be amended from time to time
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
5. Assumption of Risk Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees, and
persons acting on behalf of or under the authority of the Permittee anywhere on the
Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred
in its activities on and access to the Kenai Municipal Airport and its exercise of the
privileges granted in this Permit.
6. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees,
and volunteers from and against all actions, damages, costs, liability, claims, losses,
judgments, penalties, and expenses of every type and description, including any fees
and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and
any fees and expenses incurred in enforcing this provision (hereafter collectively referred
to as "Liabilities "), to which any or all of them may be subjected, to the extent such
Liabilities are caused by or result from any negligent act or omission or willful
misconduct of the Permittee in connection with or arising from or out of Permittee's
activities on or use of the Premises, Permittee's access to the Kenai Municipal Airport,
and /or Permittee's exercise of the privileges granted in this Permit. This shall be a
continuing obligation and shall remain in effect after termination of this Permit.
7. Hazardous Substances and Materials. Permittee shall conform and be subject to
the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous
substances and materials.
8. No Discrimination. Permittee shall not discriminate against any person because
of the person's race, creed, color national origin, sex, age, or handicap. Permittee
recognizes the right of City to take any action necessary to enforce this requirement of
the Permit.
Special Use Permit — Hilcorp (Parking)
Page 66 of 114
Page 2 of 4
9. Compliance with Law /Grant Assurances. This Permit, and Permittee's
activities conducted under this Permit, is subject to all executive orders, policies and
operational guidelines and all applicable requirements of federal, state, and City statutes,
ordinances, and regulations in effect during the term of this Permit.
10. No Exclusivity. The privileges granted under this Permit are not exclusive to
Permittee. City has the right to grant to others any right or privilege on the Airport.
11. Assignment. The privileges granted under this Permit are personal to Permittee
and may not be assigned by Permittee.
12. No Joint Venture. City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises or
elsewhere at the Kenai Municipal Airport.
13. No Waiver. Failure to insist upon a strict compliance with the terms, conditions,
and requirements herein contained, or referred to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms, conditions, or requirements.
14. Personal Property. Permittee shall remove any and all personal property,
including all vehicles, from the Premises at the termination of this Permit (or any renewal
thereof). Personal property placed or used upon the Premises will be removed and/or
impounded by the City, if not removed upon termination of this Permit and when so
removed and/or impounded, such property may be redeemed by the owner thereof only
upon the payment to the City of the costs of removal plus storage charges of $25.00 per
day. The City of Kenai is not responsible for any damage to or theft of any personal
property of Permittee or of its customers.
15. Termination; Default. This Permit may be terminated by either party hereto by
giving ninety (90) days advance written notice to the other party. City may terminate the
Permit immediately, or upon notice shorter than ninety (90) days, to protect public health
and safety or due to a failure of Permittee to comply with condition or term of this Permit
which failure remains uncured after notice by City to Permittee providing Permittee with
a reasonable time period under the circumstances to correct the violation or breach.
Special Use Permit — Hilcorp (Parking)
Page 67 of 114
Page 3 of 4
CITY OF KENAI
Rick R. Koch
Date
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
HILCORP ALASKA, LLC.
In
THIS IS TO CERTIFY that on this _ day of 2014, the foregoing
instrument was acknowledged before me by RICK R. KOCH, City Manager, of the City
of Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 2014, the foregoing
instrument was acknowledged before me by, on behalf of Hilcorp Alaska, LLC.
Approved as to form:
Scott Bloom
City Attorney
YADept - Airport\SUP\2014 1024 Hilcorp Parking SUP.docx
Special Use Permit — Hilcorp (Parking)
Notary Public for Alaska
My Commission Expires:
Page 68 of 114
Page 4 of 4
Exhibit A
1�Atl. Edff1D7R PA7l1MD i1�) ®! .
:0 POW=
0 B'
IDURCC/!.L1TV1Wif ' ? 1 AMiAM 0 (01) M O PBA' M
M
PAMMD (0) G o'. O ' 1W (Y) 0 10'
WUNf&/MMVRANT
POM10 to RCN 0 P
-c-
30 0 30 60
GRAPHIC SCALE
FEE)'
u
HOUR FF
or
HOUR FF
Page 69 of 114
,\ "'Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll�i
v�uw• .. .. 1991
V
MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: October 30, 2014
SUBJECT: Agenda Item G6, Action /Approval, Consent to Sublease between
Dan O. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision,
South Addition No. 2
The purpose of this correspondence is to recommend postponement of Council
consideration of the above referenced consent to sublease.
Amendment number nine to the lease agreement between the City and Mr. Pitts states
in part, "The purpose for which the lease is issued is: Freight Facility and Parking and
Storage. The rate charged for vehicle parking shall not be less than the rates charged
by the City for airport parking."
I have reviewed the proposed sublease and the use of the sublease is "...for parking
through the Kenai Municipal Airport, and any legal uses related thereto." It is not clear
what amount of the proposed rent is attributable to parking, and what amount of the
proposed rent is attributable to any legal uses related hereto.
In any case, the proposed rent for this sublease is less than what the City and Hilcorp
have negotiated for 37 dedicated, exclusive use parking spaces.
In the event the purpose of the sublease was for freight forwarding and /or storage.
Administration would recommend approval of the sublease
Thank you for your attention in this matter. If you have any questions, please contact
me at your convenience.
Page 70 of 114
"Village with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 111111
1992
MEMO:
TO: City Council
APPROVED BY COUNCIL
Iq FROM: Rick Koch
Date: 11-15-4
DATE: November 5, 2014
SUBJECT: Request to Postpone Agenda Items G6 and G7
The purpose of this correspondence is to request that Council postpone the above two
referenced items until the regularly scheduled Council Meeting of December 3, 2014.
Mr. Dan Pitts the leaseholder requesting approval of a sublease is unable to meet with the City
Manager and /or address Council on these items as he is out of State on family business.
I have spoken with Mr. Pitts and he agrees with this postponement.
Thank you for your attention in this matter.
Page 71 of 114
[PAGE LEFT BLANK INTENTIONALLY]
Page 72 of 114
a
� N
. M
Q'
LU
M
LU
, W
U
I W
0
2
I H
W
LLI
I
J
I Z
:O
. U
~
m
U
O
O
w
C)
2
Q
O
N
Obi
O
N
Z)
W
N
O
O
co
t
Q
Z
r
O
m
N
(1
Cl)
N
Q
V
Lf)
c7
m
r
N
r
N
O
U
O
O O
Z)
F-
F-
N
N
x
W
w
W
w
a
UQ
S
LL W
W
J
Q
m
a
J
w
a
w
0
Q
C0
d
W
W
I
Z
O
Z
F-
J
W
F
F-
J
F'"
W
H
w
IL
a
2
v
r
a
a
F-
Q
J
J
O
D
D D Z) D D
O _O O O O
W K E Q' W
Tr
W
U
W
2
O
a
K
U
N
W
D
a o 0 o N
r r N CV r
m
U
O
O
O
Q
(7
Q
O
(if
Q
O
N
Z)
W
N
O
O
W O
t
U
Z
t7- r-
N
Q
—
U
O
U
O
O O
Z)
F-
F-
N
N
x
W
w
F
a
UQ
S
LL W
U
W
2
O
a
K
U
N
W
D
a o 0 o N
r r N CV r
m
U
O
O
O
O
O
Q
O
ON
W W
O
N
c7
O
N
O
O
W O
t
r-
r
t7- r-
N
N
J
U
O
U
O
O O
7
N
N
x
W
w
F
~
W
Q
m
J
w
x
w
0
Q
d
W
W
I
W
Z
w
W
O
D
LL
w
IL
F-
2
U
W
2
O
a
K
U
N
W
D
a o 0 o N
r r N CV r
Page 73 of 114
m
m
m m
O
O
O
O
O
O
ON
W W
O
N
N N
N
O
O
W O
t
r-
r
t7- r-
N
N
O
O
O
O O
7
N
N
N
N
Page 73 of 114
m
m
m m
O
>
y
z
Z
W
W
ON
W W
O
N
N N
N
O
O
W O
t
r-
r
t7- r-
N
N
O
O
O
O O
Page 73 of 114
Y
>
y
z
Z
W
W
W
W W
LL
g
U)
z
ix
O
O
W
>
t
r-
r
t7- r-
O
O
O
O O
Page 73 of 114
Y
>
y
z
Z
Q
LL
LL
LL
LL
Q
LL LL
LL LL
LL
g
U)
z
ix
O
O
W
>
r
¢
W
-
a
<
K
-
a
< a
- -
n. a
Page 73 of 114
[PAGE LEFT BLANK INTENTIONALLY]
Page 74 of 114
J
Q
O
ly
IL
a
J
U
2
O
U
w
w
z
x
U_
2
O
O
C
0
0
F»
4!
W
>
0
cn
a
W
❑
O
w
Q
S
U
a
v
0
N
M
w
W
m
2
W
U
W
LL
O
Z
H
W
w
J
U
z
O
U
z
z
O
U
U
a
a
w
0
a
M
M
O
V
O
w
J
a
CL
O
z
F-
w
d
O
ly
w
w
N
w
w
Z
Q
K
w
w
U)
w
f-
Z
J O
Z Z
Y w
U w�w
O
Z
Q
U
w
w
U
r
Page 75 of
C-
a
0
a
m
l.-
// V'��age with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 9, bcft
Telephone: 907 - 283 -7535 / FAX: 907 l�ll
MEMORANDUM 199'
TO: City Council
FROM: Rick Koch
DATE: 11/2612014
SUBJECT: Purchase Order to TJC Excavating for extending a City Water
Transmission Main and Sewer Collection Main
The purpose of this memo is to recommend approval of the purchase order to TJC Excavating.
This amount represents 50% of the cost of the water transmission main materials, and 50% of
sewer collection materials for the extension of public utilities in McKinley Street.
A small subdivision has been developed on McKinley Street, approximately 150 lineal feet from
Redoubt Avenue, where connections to public utilities could be accomplished. In order to serve
the new development these main -line utility extensions needed to be constructed in an existing
City right -of -way.
The contractor agreed to construct these main -line extensions at their cost less one -half the
cost of materials to be paid for by the City. The cost of engineering, labor, and equipment to
install the main -line utility extensions was fully borne by the contractor and material costs of
$32,806.68 were shared equally between the contractor and the City.
This development results in significant benefit to the City of Kenai. Our water main has been
extended at a significantly lower cost than if the City had executed the project. The property
values have been increased, and additional customers added to our water service area. The
main that has been extended is adjacent to future properties that will likely be developed,
further benefiting the City of Kenai.
Thank you for your attention to this matter.
Page 76 of 114
CITY OF KENAI
ORDINANCE NO. 2802 -2014
Sponsored by: Legal
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 22.05.110- DETERMINATION AS TO NEED FOR PUBLIC USE, TO PROVIDE FOR
EXCEPTIONS TO THE REQUIREMENT THAT COUNCIL CONSIDER ACQUISITION
AND DISPOSAL OF RIGHT -OF -WAYS AND EASEMENTS BY ORDINANCE FOR PLATS
AND VACATIONS.
WHEREAS, as provided in KMC 14.10.010 - General, the City's Planning and Zoning
Commission first considers preliminary plats for subdivisions and right -of -way
vacations in the City; and,
WHEREAS, Kenai Municipal Code 14.05.010- Duties and Powers, provides that the
Planning and Zoning Commission acts in an advisory capacity to the Kenai Peninsula
Borough's Planning Commission with regard to approval of subdivisions plats and
right -of -way vacations; and,
WHEREAS, Kenai Municipal Code 22.05.110- Determination as to need for public use,
requires any acquisition or disposal of public land to be approved by Ordinance.
WHEREAS, right -of -ways and easements are routinely dedicated to the City for public
use through the plating process without Council input; and,
WHEREAS, pursuant to Alaska Statute 29.45.140- Hearing and Determination, the
Council has 30 days to veto or consent to the decision of the Kenai Peninsula
Borough's Planning Commission to vacate a right -of -way or easement in the City; and,
WHEREAS, 30 days is not a sufficient amount of time for the Council to consider the
issue of a right -of -way or easement vacation by ordinance; and,
WHEREAS, amending KMC 22.05.110- Determination as to need for public use, to
except dedication of right -of -ways and easements through the plating process and
allow for such determinations in regards to right -of -ways and easements by resolution,
is consistent with the existing City and Borough process and resolves the timing issue
while continuing to allow for reasonable public input and consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
New Text Underlined; (DELETED TEXT
Page 77 of 114
Ordinance No. 2802 -2014
Page 2 of 2
Section 2. Amendment of Section 22.05. 110 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 22.05.110- Determination as to need for public use, is
hereby amended as follows:
22.05. 110 Determination as to need for public use.
(a) Whether land shall be acquired, retained, devoted, or dedicated to a
public use shall be determined by ordinance which shall contain the public use
for which the property is to be dedicated, the legal description of the property,
and the address or a general description of the property sufficient to provide the
public with notice of its location. This rermirement ,4......,....,....1...,. -d
1 VI.GSS.
Whether land previously dedicated to a public use should be dedicated to
a different public use or should no longer be needed for public use shall be
determined by the City Council by ordinance, except in cases of vnrnf ;n„ ..f
which shall contain the new public use for which the V property .y is to be dedicated UI
or the reason the land is no longer needed for public e, theli gall description
of the property, and the address or a general description of the property
sufficient to provide the public with notice of its location.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC I. 15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
December, 2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: December 3, 2014
Adopted: December 17, 2014
Effective: January 16, 2015
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 78 of 114
u
"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: Council Members
FROM: Legal Depai6hent
DATE: November 26, 2014
SUBJECT: Ordinance No. 2802 -2014, Determination as to Need for Public Use
This Ordinance is recommended by the Legal Department to address what I believe is
unintended overly broad language in KMC 22.05.110- Determination as to Need for Public Use,
which requires the City Council to act by ordinance when land is acquired, retained, devoted or
dedicated to a public use and vice versa when such land previously dedicated is no longer
needed. I raised my concerns with this section of Code at the November 19, 2014 Council
meeting indicating my intent to bring forth an ordinance to address it. This section of code
presents two main issues.
First, with regard to dedicating public roads and easements for public use through the plating
process, a very common way of dedicating public right -of -ways, Council typically does not act at
all. The plating process is handled by the City's Planning and Zoning Commission and the
Borough plating authority. A subdivision plat does not go before Council unless an exception or
waiver to City code is requested. Unless Council wishes to separately approve any subdivision
dedicating a road or easement for public use, I recommend this process be excluded from KMC
22.05.110 as provided in the accompanying Ordinance. Council would still act on the dedication
of any other property interest to the City for public use.
The second issue regards vacating a public right -of -way. This is also an issue initially handled by
City and Borough planning commissions, however, Alaska State Statute 29.40.140(b) provides
that after consideration by the Borough, the City Council has 30 days to veto the action. Thirty
days is not enough time to present and act on an ordinance given the City's packet schedule.
Amending code to allow for a resolution in this situation would allow sufficient time for Council
to act and still provide an opportunity for public input. Like dedicating right -of -ways through the
plating process, it does not appear the past practice of the City has been to follow a literal
reading of this section of code.
Your consideration is appreciated.
Y: \Ordinances & Resolutions \Ordinances\2014 \Ordinance No. 2802 -2014 Determination Memo.docx
Page 79 of 114
[PAGE LEFT BLANK INTENTIONALLY]
Page 80 of 114
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2803 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
CHAPTER 4.25- UNIFORM PLUMBING CODE, TO ADOPT THE 2012 EDITION OF THE
UNIFORM PLUMBING CODE, AS AMENDED BY THE STATE OF ALASKA WITH LOCAL
ADMINISTRATIVE AMENDMENTS, WHICH CODE ALSO INCORPORATES THE
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND THE UNIFORM SOLAR
ENERGY CODE.
WHEREAS, the City previously adopted the Uniform Plumbing Code, 2009 Edition, of
the International Association of Plumbing and Mechanical Officials, including
Appendices with certain local amendments; and,
WHEREAS, the International Association of Plumbing and Mechanical Officials has
also adopted Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar
Energy Code which codes are incorporated in the Uniform Plumbing Code by
reference; and,
WHEREAS, the State of Alaska has recently adopted the 2012 Edition of the Uniform
Plumbing Code; and,
WHEREAS, the City of Kenai has a Memorandum of Agreement and Understanding
with the State of Alaska regarding the City's responsibility for the inspection of
electrical and plumbing installations which requires the City to adopt standards no
less stringent than the States; and,
WHEREAS, adoption of the 2012 Edition as provided below will comply with the City's
Agreement with the State and benefit the City through the enforcement of current
standards.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form; That this is a code ordinance.
Section 2. Amendment oI t;
Municipal Code, Chapter 4.25,
Chapter 4.25 PLUMBING CODE
Code, is
New Text Underlined; [DELETED TEXT
Page 81 of 114
1 Code: That Kenai
as follows:
Ordinance No. 2803 -2014
Page 2 of 3
4.25.010 Adoption.
There is hereby adopted for the purpose of establishing rules and regulations
for the qualification of persons engaged in the business of plumbing and the
installation, alteration, or repair of plumbing systems, that certain bound volume
known as the "Uniform Plumbing Code," the "Uniform Swimming Pool, Spa and Hot
Tub Code," and the "Uniform Solar Energy Code," 20[09]12 Edition, of the
International Association of Plumbing and Mechanical Officials, including the
appendices, except for such portions_ [AS ARE HEREINAFTER DELETED, MODIFIED,
OR AMENDED; AND THE SAME IS HEREBY ADOPTED AND INCORPORATED AS
FULLY AS IF SET OUT VERBATIM HEREIN.]
1. Deleted modified or amended by the State of Alaska Omitting State of
Alaska deletions modifications or amendments regarding administrative
procedures, fees and costs• and
2. Deleted modified or amended in this Chapter relating to administrative
procedures, fees and costs (local amendments)
4.25.015 LOCAL AMENDMENTS TO THE 20[09 12 UNIFORM PLUMBING CODE.
[AMEND SECTION 412.3(3) BY ADDING THE FOLLOWING LANGUAGE TO LINE
ONE OF THE SECTION, AFTER THE WORDS "MERCANTILE OCCUPANCIES ":
EXCEPT FOOD SERVICE ESTABLISHMENTS WITH SEATING,
AMEND SECTION 508.5 BY ADDING A NEW SUBSECTION 508.5.1 TO READ:
508.5.1 WHEN A WATER HEATER IS INSTALLED UPON A PLATFORM, SUCH AS
WITHIN A GARAGE, THE WATER HEATER RELIEF VALVE PIPING SHALL
DISCHARGE TO THE FLOOR OVER THE EDGE OF THE PLATFORM.
AMEND SECTION 1213.0 BY ADDING A NEW SUBSECTION 1213.1 TO READ:
1213.1 IN ADDITION TO THE REQUIREMENTS OF THIS CODE FOR GAS PIPING,
THE FACILITIES AND PIPING FOR USE WITH LIQUEFIED PETROLEUM GAS SHALL
MEET THE FOLLOWING REQUIREMENTS:
(A) LIQUEFIED PETROLEUM GAS SHALL NOT SERVE ANY GAS
FIRED APPLIANCE LOCATED IN A PIT OR BASEMENT WHERE
HEAVIER THAN AIR GAS MIGHT COLLECT TO FORM A FLAMMABLE
MIXTURE.
(B) PIPE JOINT COMPOUNDS USED SHALL BE INSOLUBLE IN
LIQUEFIED PETROLEUM GAS.
(C) EVERY VALVE AND APPURTENANCE USED ON SUCH PIPING
SHALL BE DESIGNED AND APPROVED FOR USE WITH LIQUEFIED
PETROLEUM GAS.
(D) RELIEF VALVES SHALL DISCHARGE TO THE EXTERIOR OF
THE BUILDING INTO THE AIR AND SHALL BE AT LEAST FIVE FEET
New Text Underlined; [DELETED TEXT BRACKETED]
Page 82 of 114
Ordinance No. 2803 -2014
Page 3 of 3
HORIZONTALLY FROM ANY OPENING INTO A BUILDING THAT IS
BELOW THE DISCHARGE POINT.
DELETE SECTION 1101.5, SUBSOIL DRAINS, IN ITS ENTIRETY.]
Delete Sections 102.3 Board of Anneals and 102.5 Penalties. Appeals and
Penalties are determined pursuant to KMC Chapter 4.40 -Board of Appeals.
[4.25.070 PROTECTION OF PIPING MATERIALS AND STRUCTURES.
SECTION 313.0 OF THE UNIFORM PLUMBING CODE ADOPTED BY THIS
CHAPTER IS AMENDED TO ADD THE FOLLOWING:
313.13 WATER SERVICE PIPE SHALL HAVE THE THAW WIRE CONNECTED
AT THE WATER MAIN, AND BROUGHT TO THE SURFACE AT THE CURB STOP
OR OTHER CONVENIENT LOCATION. SUCH WIRE SHALL NOT BE SMALLER
THAN 4/0 AWG.]
Section 3. Severabili ty: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
December, 2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: December 3, 2014
Adopted: December 17, 2014
Effective: January 16, 2015
New Text Underlined; DELETED TEXT BRACKETED1
Page 83 of 114
"'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: Sean Wedemeyer, Public Works Director
From: Larry Floyd, Building Official 1 \
Date: November 25, 2014
Subject: Ordinance No. 2803 -2014; Adoption of the 2012 Uniform Plumbing Code
This memo is in support of Ordinance No. 2803 -2014 which will adopt the 2012 edition of the
Uniform Plumbing Code, Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar
Energy Code as amended by the State of Alaska.
The City has historically adopted the latest edition of the Uniform Plumbing Code as the standard
for Plumbing installations in the City of Kenai. Under an agreement with the State of Alaska, the
City of Kenai is obligated to enforce Plumbing standards that are no less stringent than the State
of Alaska's minimum standards. The State of Alaska adopted the 2012 Uniform Plumbing Code
with amendments in October of this year.
I therefore recommend the adoption of these Uniform Codes as amended by the State of Alaska in
order to comply with the conditions of our agreement, to consistently enforce the code standards
in effect throughout the State and to establish the latest Plumbing Code Standards for the City of
Kenai.
Page 84 of 114
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2804 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATION IN THE PERSONAL USE FISHERY
FUND AND AUTHORIZING BUDGETARY TRANSFERS IN THAT FUND FOR REMAINING
FY2015 PROJECTED EXPENDITURES.
WHEREAS, actual revenues in the Personal Use Fishery Fund were in excess or
projected amounts for FY2015 and these additional funds will be needed in preparation
for the 2015 fishery; and,
WHEREAS, budget adjustments are needed to provide for expending of funds as
detailed in 2014 Dip Net Report for the remainder of FY2015; and,
WHEREAS, providing supplemental funding and budget transfers will assist the
administration in preparation for the 2015 fishery and is in the best interest of the
City, City residents and the 2015 fishery participants.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1: Form: That this is a non -code ordinance.
Section 2: That estimated revenues and appropriations be increased as follows:
Personal Use Fishery Fund
Revenues:
Decrease Estimated Revenues:
Beach Parking
($80,242)
Appropriation of Fund Balance
(24,868)
Increase Estimated Revenues:
Beach Camping
125,871
Dock Launch & Park
9,870
Dock Parking Only
868
PERS - On behalf Funding
4.039
$35.538
Expenditures:
Public Safety - Small Tools & Minor Equipment 10,485
Streets - Rentals 10,700
Streets - Contingency 2,500
Parks, Recreation & Beautification - Contingency 5,000
Parks, Recreation & Beautification - Printing & Binding 4,353
Boating Facility - Contingency 2.500
53
Nem Text Underlined; DELETED TEXT BRACKETED]
Page 85 of 114
Ordinance No. 2804 -2014
Page 2 of 3
Section 3: That the following budget revision be made:
Personal Use Fishery Fund
Streets - Overtime
Decrease
820
Public Safety - Overtime
$ 1,612
Public Safety - Medicare
Streets - Supplemental Retirement
Public Safety - Social Security
14
Public Safety - Unemployment Insurance
57
Public Safety - Workers' Compensation Insurance
151
46
Streets - Salaries
Parks, Recreation & Beautification
Streets - Leave
964
Streets - Medicare
295
Streets - PERS
9
Streets - Unemployment Insurance
1,917
Streets - Health Insurance
49
Streets - Operating & Repair Supplies
821
Streets - Repair & Maintenance
1,323
1
Parks, Recreation & Beautification - Salaries
2,990
Parks, Recreation & Beautification - Leave
134
Parks, Recreation & Beautification - Medicare
16
Parks, Recreation & Beautification - PERS
1,978
Parks, Recreation & Beautification - Unemployment Insurance
242
Parks, Recreation & Beautification - Workers' Compensation
133
Parks, Recreation & Beautification - Supplemental Retirement
55
Parks, Recreation & Beautification - Small Tools /Minor Equip.
1,547
Parks, Recreation & Beautification - Improvements
20,000
Boating Facility - Leave
296
Boating Facility - PERS
1,513
Boating Facility - Unemployment Insurance
129
Boating Facility - Advertising
800
Boating Facility - Printing &Binding
Boating Facility - Improvements
450
12.944
$50,486
Increase
Public Safety - Wages
$ 486
Streets - Overtime
820
Streets - Workers' Compensation
99
Streets - Supplemental Retirement
162
Parks, Recreation & Beautification
- Overtime
2,261
Parks, Recreation & Beautification
- Social Security
185
Parks, Recreation & Beautification
- Health Insurance
926
Parks, Recreation & Beautification
- Operating & Repair Supplies
354
Parks, Recreation & Beautification
- Professional Services
7,115
Parks, Recreation & Beautification
- Printing & Binding
8,307
Parks, Recreation & Beautification
- Rentals
11,454
Parks, Recreation & Beautification
- Machinery & Equipment
345
Boating Facility - Wages
5,625
Boating Facility - Overtime
5,577
Neiv Text Underlined; ]DELETED TEXT BRACKETED]
Page 86 of 114
Ordinance No. 2804 -2014
Page 3 of 3
Boating Facility - Medicare
151
421
Boating Facility - Social Security
309
Boating Facility - Workers' Compensation
Boating Facility - Health Insurance
653
Boating Facility - Supplemental Retirement
54
Boating Facility - Operating & Repair Supplies
733
Boating Facility - Rentals
4.449
50.486
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
December, 2014.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: -�
New Text Underlined; DELETED TEX
Page 87 of 114
Introduced: December 3, 2014
Adopted: December 17, 2014
Effective: December 17, 2014
1'L'Ul
"�i'llaye with a Past, C# with a Ft-,e ""
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014
To: Rick Koch, City Manager
From: Terry Eubank, Finance Director
Date: November 25, 2014
Re: Ordinance 2804 -2014
The purpose of this memo is to recommend passage of Ordinance 2804 -2014. Ordinance 2804-
2014 will appropriate additional revenues received during this year's fishery and provide for
budget adjustments to accomplish remaining operational activities detailed on the attached pages.
Also attached is an updated financial FY15 projection for the Personal Use Fishery Fund. At
year end it is projected the fund will have a remaining fund balance of $24,452.
Page 88 of 114
City of Kenai
Fiscal Year 2015
Financial Projections
Fund: 006 - Personal Use Fishery Fund
* Council Adopted Budget includes annually adopted budget and carryforward encumbrances.
Page 89 of 114
Council*
Adopted
Projected
FY2016
Projected
%
FY 2015
Bu et
Actual
Pro acted
Variance
Available
Revenues
Beach Parking
$ 300,000
$ 219,758
$ 219,704
$ 219,758
$
0.00%
Beach Camping
70,000
195,871
195,783
195,871
0.00%
Dock Launch & Park
91,500
101,370
101,330
101,370
-
0.00%
Dock Parking Only
15,000
15,868
15,868
15,868
-
0.00%
PERS Grant
2,676
6,715
-
6,715
-
0.00 °°
Total Revenue
479,176
539,582
532,685
539,582
0.00%
Expenditures
Public Safety
$ 113,609
$ 122,700
$ 105,519
$ 122,700
$
0.00%
Streets
58,673
67,575
45,781
65,075
2,500
3.70%
Boating Facility
89,727
82,367
76,276
79,867
2,500
3.04%
Parks, Recreation & Beautification
256,646
281,551
238,718
276,551
5,000
1.78%
Total Expenditures
518,655
554,193
466,294
544,193
10,000
1.80%
Contribution To/(From) Fund Balance:
(39,479)
(14,611)
66,391
(4,611)
10,000
Projected Lapse
11,786
10,000
-
-
(10,000
Adjusted(Deficit) /Surplus
(27693)
(4,611)
66,391
4,611
-
Beginning Fund Balance
29,063
29,063
29,063
29,063
Ending Fund Balance
$ 1,370
$ 24,452
$ 95,454
$ 24,452
* Council Adopted Budget includes annually adopted budget and carryforward encumbrances.
Page 89 of 114
City of Kenai
Fiscal Year 2015 Operating Budget
Personal Use Fishery Fund Summary by Line Item
. Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 90 of 114
Council'
Account Expense
Adopted
Projected
FY2015
Projected
%
Number Description
FY2015
Butl a
Actual
Protected
Variance
Available
Salaries and Benefits
0100
Salaries
$ 87,630 $
89,787 $
70,139 $
89,787 $
0.00%
0200
Overtime
39,534
46,580
46,580
46,580
"
0.00%
0250
Holiday Pay
0300
Leave
1,068
343
-
343
-
0.00%
0400
0450
Medicare
Social Security
1,859
1,971
1,679
1,971
0.00%
0500
PERS
5,232
5,781
5,125
5,781
0.00%
0600
Unemployment Insurance
18,838
641
13,430
4,468
13,430
0.00%
0700
Workers Compensation
3,808
70
4,037
-
3,589
70
4,037
-
0.00%
0.00%
0800
Health & Life Insurance
7,946
8,704
6,393
8,704
-
0.00%
0900
Supplemental Retirement
953
1,114
671
1,114
Total Salaries & Benefits
$ 167,509 $
171,817 $
138,644 $
171,817 $
0.00%
0.00%
Maintenance and Operations
2021
Office Supplies
_
2022
Operating & Repair Supplies
20,030
20,164
14,917
20,164
0.00%
2024
Small Tools/Minor Equipment
4,500
13,438
2,953
13,438
-
2025
Snack Bar Supplies
_
_
_
"
2026
Computer Software
_
_
4531
Professional Services
3,500
15,615
2,115
15,615
4532
Communications
2,090
1,515
415
1,515
0.00%
4533
Travel & Transportation
4534
Advertising
800
_
4535
Printing & Binding
6,000
18,210
8,490
18,210
0.00%
0.00%
4536
Insurance
2,025
2,025
2,025
2,025
_
4537
Utilities
996
996
172
996
'_
4538
Repair & Maintenance
-
560
560
560
4539
4540
Rentals
Equip. Fund Pmts.
106,565
_
144,868
_
136,018
144, 868
-
0.00%
4541
Postage
_
_
-
4666
Books
_
_
4667
Dues & Publications
4999
General Contingency
-
10,000
-
5041
Miscellaneous
7,500
7,500
7,500
-
7,500
10,000
10000%
5045
Depreciation
_
_
-
5047
Grants to Agencies
_
-
"
Total Maint and Operations
$ 154,006 $
234,891 $
175,165 $
224,891 $
10,000
4.26%
Capital Outlay & Transfers
8061
Land
8062
Buildings
_
_
-
-
8053
Improvements
45,000
_
_
8064
Machinery & Equipment
26,340
26,685
26,685
26,685
-
0.00%
9090
Transfers
125,800
125,800
125,800
125,800
Total Capital Outlav
and Transfers
$ 197,140 $
152,485 $
152,485 $
152,485 $
Department Total:
$ 518,655 $
559,193 $
466,294 $
549,193 $
10,000
1.79%
. Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 90 of 114
Account E
Expense
Number D
Description
Salaries and Benefits
0100 S
Salaries
0200 O
Overtime
0250 H
Holiday Pay
0300 L
Leave
0400 M
Medicare
0450 S
Social Security
0500 P
PERS
0600 U
Unemployment Insurance
0700 W
Workers Compensation
0800 H
Health & Life Insurance
0900 S
Supplemental Retirement
Total Salaries & Benefits
Maintenance and Operations
2021 O
Office Supplies
2022 O
Operating & Repair Supplies
2024 S
Small Tools /Minor Equipment
2025 S
Snack Bar Supplies
2026 C
Computer Software
4531 P
Professional Services
4532 C
Communications
4533 T
Travel & Transportation
4534 A
Advertising
4535 P
Printing & Binding
4536 I
Insurance
4537 U
Utilities
4538 R
Repair & Maintenance
4539 R
Rentals
4540 E
Equip. Fund Pmts.
4541 P
Postage
4666 B
Books
4667 D
Dues & Publications
4999 C
Contingency
5041 M
Miscellaneous
5045 D
Depreciation
5047 G
Grants to Agencies
Total Maint and Operations
Capital Outlay & Transfers
8061 L
Land
8062 B
Buildings
6063 I
Improvements
M f
City of Kenai
Fiscal Year 2015 Year to Date Actual
Fund: D06 - Personal Use Fishery Fund
Department: 21 - Public Safety
Council "
Adopted Projected Year to Date FY2015 Projected %
FY2015 Budget Actual Protected Variance Available
$ 22,362 $ 22,848 $ 16,771 $ 22,846 $ - 0.00%
7,862 6,250 6,250 6,250 - 0.00%
438 424 334 424
1,874 1,817 1,427 1,817
151
608 562 423 562
$ 33,295 $ 31,901 $ 25,205 $ 31,901 $ -
10,485 - 10,485
314 314 314 314
$ 314 $ 10,799 $ 314 $ 10,799 $
8064 ac ery q p -
9090 Transfers Out 801000 80,000 80,000 80.000
Total Capital Outlay
and Transfers $ 80,000 $ 80,000 $ 80,000 $ 80,000 $ -
Department Total: $ 113,609 $ 122,700 $ 105,519 $ 122,700 $ _
" Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 91 of 114
0.00%
0.00%
0.00%
0.00%
0.00%
000%
0.00%
438 424 334 424
1,874 1,817 1,427 1,817
151
608 562 423 562
$ 33,295 $ 31,901 $ 25,205 $ 31,901 $ -
10,485 - 10,485
314 314 314 314
$ 314 $ 10,799 $ 314 $ 10,799 $
8064 ac ery q p -
9090 Transfers Out 801000 80,000 80,000 80.000
Total Capital Outlay
and Transfers $ 80,000 $ 80,000 $ 80,000 $ 80,000 $ -
Department Total: $ 113,609 $ 122,700 $ 105,519 $ 122,700 $ _
" Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 91 of 114
0.00%
0.00%
0.00%
0.00%
0.00%
000%
0.00%
" Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 91 of 114
0.00%
0.00%
0.00%
0.00%
0.00%
000%
0.00%
City of Kenai
Fiscal Year 2015 Year to Date Actual
Fund: 006 - Personal Use Fishery Fund
Department: 33 - Streets
* Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 92 of 114
Council'
Account Expense
Number
Adopted
Projected
Year to Date
FY2015
Projected
%
Description
FY2015
Suclit
Actual
Projected
Variance
Available
Salaries and Benefits
0100 Salaries
0200 Overtime
$ 13,895 $
12.931
$ 8,945 $
12,931 $
-
0.00%
0250 Holiday Pay
-
-
820
820
820
-
0300 Leave
422
127
_
-
127
-
-
0400 Medicare
207
198
138
198
-
0.00%
0450 Social Security
_
-
0.00%
0500 PIERS
0600 Unemployment Insurance
6,117
4,200
1,210
4,200
-
0
0.00%
0700 Workers Compensation
P
71
476
22
577
22
-
0.00%
0800 Health & Life Insurance
3,688
2,867
440
1,807
577
0.00%
0900 Supplemental Retirement
381
543
2,867
-
0
0.00 /o
Total Salaries & Benefits
$ 25,259 $
22,285
281
$ 13,641 $
543
22,285 $
0.00%
_Maintenance and Operations
2021 Office Supplies
2022 Operating & Repair Supplies
11,230
9,346
6,346
9,346
2024 Small Tools/Minor Equipment
-
_
-
"
2025 Snack Bar Supplies
_
2026 Computer Software
4531 Professional Services
4532 Communications
4533 Travel & Transportation
-
4534 Advertising
-
4535 Printing & Binding
_
4536 Insurance
134
134
134
134
4537 Utilities
-
4538 Repair & Maintenance
-
660
4539 Rentals
14,850
25,550
560
17,900
560
25,550
4540 Equip. Fund Pmts.
_
'
4541 Postage
-
_
_
-
4666 Books
_
-
4667 Dues & Publications
_
4999 Contingency
-
2,500
_
5041 Miscellaneous
_
-
2,500
100%
5045 Depreciation
_
-
6047 Grants to Agencies
_
Total Malnt. and Operations
$ 26,214 $
36,090 $
24,940 $
35,590 $
2,500
9.54%
Capital Outlay & Transfers
8061 Land
8062 Buildings
_
_
-
-
-
8063 Improvements
_
8064 Machinery & Equipment
9090 Transfers Out
7,200
7,200
7,200
7,200
Total Capital Outlay
0.00%
and Transfers
$ 7,200 $
7,200 $
7,200 $
7,200 $
0.00%
Department Total:
$ 58,673 $
67,575 $
45,781 $
65,075 $
2,500
3.70%
* Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 92 of 114
City of Kenai
Fiscal Year 2015 Year to Date Actual
Fund: 006 - Personal Use Fishery Fund
Department: 45 - Parks, Recreation & Beautification
. Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 93 of 114
Council
Account
Expense
Adopted
Projected
Year to Date
FY2015
Projected
%
Number
Description
FY2015
Budget
Actual
Proected
Vadance
Available
Salaries and Benefits
$
31,682
$ 28,692
$
19,798
$ 28,692
$ -
0.00%
0100
0200
Salaries
Overtime
25,261
27,522
27,522
27,522
-
0.00%
0250
Holiday Pay
-
-
-
-
0300
Leave
315
831
181
815
-
684
181
815
-
-
0.00%
0400
0450
Medicare
Social Security
2,661
2,846
2,580
2,846
-
0.00%
0500
PERS
6,178
4,200
895
4,200
-
0.00%
0600
Unemployment Insurance
286
44
-
44
-
0.00%
0700
Workers Compensation
1,844
1,711
1,563
1,711
-
0.00%
0800
Health & Life Insurance
1,266
2,192
1,099
2,192
-
0.00%
0900
Supplemental Retirement
260
205
25
205
0.00%
Total Salaries & Benefits
S
70,684
$ 68,408
$
54,166
$ 68,408
$
Maintenance and Operations
2021
2022
Office Supplies
Operating & Repair Supplies
-
6,000
-
6,929
-
4,682
"
6,929
-
0.00%
2024
Small Tools /Minor Equipment
4,500
2,953
2,953
2,953
-
-
2025
Snack Bar Supplies
-
-
-
2026
Computer Software
-
-
-
-
4531
Professional Services
3,500
10,615
2,115
10,615
-
0.00%
4532
Communications
2,090
1,515
415
1,515
-
4533
Travel & Transportation
-
-
-
4534
4535
Advertising
Printing &Binding
4,000
16,660
6,940
16,660
-
0.00%
4536
Insurance
1,336
1,336
1,336
1,336
-
4537
Utilities
996
996
172
996
-
-
4538
4539
Repair & Maintenance
Rentals
-
82,100
-
105,25 4
-
104,054
105,254
-
-
0.00%
4540
Equip. Fund Pmts.
-
-
-
4541
Postage
-
-
4666
Books
-
-
-
4667
Dues & Publications
-
-
-
5,000
100%
4999
Contingency
-
5,000
-
-
5041
Miscellaneous
7,500
7,500
7,500
7,500
-
-
5045
Depreciation
-
-
-
5047
Grants to Agencies
-
-
Total Maint. and Operations
$
112,022
$ 156,758
$
130,167
$ 153,758
$ 5,000
4.46%
Capital Outlay & Transfers
8061
Land
-
_
8062
Buildings
-
-
-
8063
Improvements
20,000
8064
Machinery & Equipment
26,340
26,685
26,685
26,685
-
-
9090
Transfers Out
27,700
27,700
27,700
27,700
Total Capital Outlay
and Transfers
$
74,040
$ 64,385
$
- 54,385
$ 54,385
$
Department Total:
$
266,646
$ 281,551
$
238,718
$ 276,551
$ 5,000
1.78%
. Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 93 of 114
City of Kenai
Fiscal Year 2015 Year to Date Actual
Fund: 006 - Personal Use Fishery Fund
Department: 60 - Boating Facility
Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 94 of 114
Council
Account Expense
Adopted
Projected
Year to Date
FY2015
Available
%
Number Description
FY2015
Budget
Actual
Protected
Bu. daet
Avaliable
Salaries and Benefits
0100
0200
Salaries
Overtime
$ 19,691 $
25,316
$ 24,625 $
25,316 $
0.00%
0250
Holiday Pay
6,411
_
11,988
_
11,988
11,988
'
0.00%
0300
Leave
331
35
-
35
0400
0450
Medicare
Social Security
383
534
523
534
0.00 °h
0500
PERS
697
1,118
1,118
1,118
0.00%
0600
Unemployment Insurance
6,543
133
5,030
2,363
5,030
0.00%
0700
Workers Compensation
678
4
1,187
-
1,163
4
1,187
0.00%
0800
Health & Life Insurance
2,992
3,645
3,487
3,645
0.00%
0900
Supplemental Retirement
312
366
365
0.00%
Total Salaries & Benefits
$ 38,371 $
49,223
$ 45,632 $
366
49,223 $
0.00%
0.00%
Maintenance and Operations
2021
Office Supplies
2022
Operating & Repair Supplies
2,800
3,889
3,889
3.889
2024
Small Tools/Minor Equipment
_
_
-
0.00%
2025
Snack Bar Supplies
_
_
2026
Computer Software
4531
Professional Services
4532
Communications
4533
Travel & Transportation
-
-
4534
Advertising
800
-
4535
Printing & Binding
2,000
1,550
1,550
1,550
0.00%
4536
Insurance
241
241
241
241
-
0.00%
4537
Utilities
'
4538
Repair & Maintenance
_
_
4539
4540
Rentals
Equip, Fund Pmts.
9,615
-
14,064
14,064
14,064
"
0.00%
4541
Postage
_
_
_
-
4666
Books
_
4667
Dues & Publications
4999
Contingency
-
2,500
5041
Miscellaneous
-
2,500
100.00%
5045
Depreciation
5047
Grants to Agencies
Total Maint and Operations
$ 15,456 $
22,244 $
19,744 $
19,744 $
2,500
16.17%
Capital Outlay & Transfers
8061
Land
8062
Buildings
-
_
-
-
8063
Improvements
25,000
-
8064
Machinery & Equipment
_
_
-
-
-
0.00%
9090
Transfers Out
10,900
10,900
10,900
10,900
Total Capital Outlay
and Transfers
$ 35,900 $
10,900 $
10,900 $
10,900 $
0.00%
Department Total:
$ 89,727 $
82,367 $
76,276 $
79,867 $
_2,500
3.04%
Council Adopted Budget includes annually adopted budget and carryforward encumbrances
Page 94 of 114
Operational Requests - Police
2 Each TEO's to be hired June 1, 2015 for field training prior to fishery. 180 hours each with no overtime.
staff
TEO
Total
A. SMALL TOOLS AND MINOR EQUIPMENT
1. Hard - mounted Radio for Boat
2. 2 each Rescue Skid with seat for Polaris Rangers
006 - 421 -0100 $ 6,077.00
006 - 421 -0400 90.00
006 - 421 -0450 390.00
006 - 421 -0700 139.00
006 - 421 -2024 10, 485.00
Total $ 17,181.00
Rate Per
Hour Hours Total
$ 18.60 360 $ 6,696.00
Page 95 of 114
$ 6,696.00
$ 3,885.00
6,600.00
$ 10,485.00
A. PRINTING
1. DIP NET BROCHURES
2. DEC WATER QUALITY BROCHURES
3. DOOR HANGERS
4. FEE ENVELOPES
B. OPERATING /REPAIR SUPPLIES
5. HANGHOLE BAGS (1,000 /CS)
6. 21P TIES (5,000 /CS)
7. MISC. SIGNS
C. SOFTWARE MODIFICATION AND MAINTENANCE
8. Point of Sale software modifications and improvements
9. Point of Sale upgrade for Ipad Compatability
D. NORTH BEACH PARKING LOT SURVEY
10. Surveying
Operational Request P &R
15,000
$
0.17
15,000
$
0.17
40,000
$
0.10
2,000
$
0.31
30 $ 55.00
2 $ 36.00
E. SIGN INSTALLATION (OLD TOWN, EAGLE ROCK RD, CANNERY RD. & SILVER SALMON)
10. Flat Bed Truck 40 $ 30.00
11. Fuel for Truck 1 $ 125.00
12. Parks & Rec Operator 40 $ 43.13
13. Parks & Rec Temp. Grounds Maintenance Worker 40 $ 13.30
F. Contract administration, hiring, planning, and supervision
14. Parks & Rec. Director
15. Parks & Rec Operator
16, Temporary Administrative Assistant 1
17. PERS On- behalf Funding
G. Utilities
18. Fee Shack Electric
19. Fee Shack Data Connectivity
Total
006- 445 -0100
$ 8,894.00
006 - 445 -0300
181.00
006 - 445 -0400
131.00
006 -445 -0450
266.00
006 - 445.0500
3,305.00
006 - 446 -0600
44.00
006 - 445 -0700
148.00
006 -445 -0800
1,093.00
006 - 445.0900
180.00
006- 445 -4531
8,500.00
006 - 445 -4532
11100.00
006 - 445 -4535
9,720.00
006 - 445 -4537
824.00
006 -445 -4539
1,200.00
006.445 -2022
2,247.00
Total
60
40
177
Page 96 of 114
$ 63.83
$ 43.13
$ 23.38
$ 2,550.00
2,550.00
4,000.00
620.00
$ 9,720.00
$ 550.00
72.00
1,500.0
$ 2,122.00
$ 3,500.00
3,000.00
$ 6,500.00
$ 2,000.00
$ 1,200.00
125.00
1,725.00
532.00
$ 3,582.00
$ 3,830.00
1,725.00
4,138.00
2,292.00
$ 11,985.00
$ 824.00
1,100.00
$ 1,924.00
Operational Requests Streets
Equipment Rental to place signage and construct beach access roads prior to June 30, 2014.
Page 97 of 114
Rate Per
Equipment
Hour
Hours
Total
Vactor Truck
$
120.00
10
$
1,200.00
Flat Bed Truck
$
30.00
10
300.00
Bucket Truck
$
50.00
10
500.00
160 Grader
$
120.00
10
1,200.00
14H Grader
$
120.00
10
1,200.00
10YD Dump Truck
$
60.00
20
1,200.00
Loader
$
60.00
20
1,200.00
4000 Gallon Water Truck
$
50.00
10
500.00
Calcium Chloride Truck
$
35.00
10
350.00
Total
$
7,650.00
Rate Per
Staff
Hour
Hours
Total
Foreman
$
53.80
20
$
1,076.00
Lead Operator
$
50.50
10
$
505.00
Operator 1
$
45.00
110
$
4,950.00
PERS On- Behalf
$
2,113.00
Total
$
8,644.00
Supplies
Miscellaneous Signs
$
3,000.00
Total
$ 19,294.00
006 - 433 -0100
$
3,986.00
006 - 433 -0300
127.00
006 - 433 -0400
60.00
006- 433 -0500
2,990.00
006- 433 -0600
22.00
006 - 433 -0700
137.00
006 - 433 -0800
1,060.00
006 - 433 -0900
262.00
Sub Total Wages & Benefits
$
8,644.00
006- 433 -4539
$
7,650.00
006 - 433 -2022
$
3,000.00
Total
$ 19,294.00
Page 97 of 114
Operational Requests Dock
Manage installation and rerigging of no wake signage.
Rate Per
Staff Hour Hours Total
Foreman $ 53.80 20 $ 1,076.00
PERSOn- Behalf $ 2,515.00
Total
$ 3,591.00
006- 433 -0100
$ 691.00
006- 433 -0300
35.00
006 - 433 -0400
11.00
006 - 433 -0500
2,667.00
006 - 433 -0600
4.00
006- 433 -0700
24.00
006 - 433 -0800
158.00
006 - 433 -0900
1.00
Sub Total Wages & Benefits $ 3,591.00
Page 98 of 114
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2805 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING SUPPLEMENTAL GRANT FUNDING FROM THE FEDERAL
AVIATION ADMINISTRATION AND FROM THE STATE OF ALASKA FOR THE AIRFIELD
MARKING PROJECT.
WHEREAS, the Airport has completed a project to remark its airfield in response to a
letter of correction from the Federal Aviation Administration (FAA) indicating that the
airfield marking were faded and without reflective beads which created a safety issue;
and,
WHEREAS, a final adjusting change order has been issued to the Airport's consultant
for work on the project increasing the allowable federal and state share by $9,296 and
$310 respectively; and,
WHEREAS, FAA funding approval has been received for the change order.
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 additional grant funding
from the Federal Aviation Administration and the State of Alaska in the amounts of
$9,296 and $310 respectively for the Kenai Municipal Airport's Airfield Marking
Project and to execute grant agreements and to expend the grant funds to fulfill the
purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
Airport Improvement Capital Project Fund
Increase Estimated Revenues: $9,296
Federal Grants 310
State Grants $2,60
Increase Appropriations:
Airfield Marking Project
Construction
Page 99 of 114
Ordinance 2805 -2014
Page 2 of 2
Section 4. That pursuant to KMC 1.15.0700 this Ordinance shall take effect
immediately upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
December, 2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: December 3, 2014
Enacted: December 17, 2014
Effective: December 17, 2014
Nee' Text Underlined; [DELETED TEXT BRACKETED
Page 100 of 114
"Villa9e with a Past, C# with a Future
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
/ To: Rick Koch, City Manager
From: Terry Eubank, Finance Director
Date: November 25, 2014
Re: Ordinance 2805 -2014
The purpose of this memo is to recommend passage of Ordinance 2805 -2014. Ordinance 2805-
2014 will appropriate additional federal and state revenues for the Airport's Airfield Marking
Project. Final adjusting change orders increased the design and construction administration
contract by $17,567.50 which increased the projects allowable federal share by $9,296 and the
allowable state share by $310. Sufficient local funds were available in the project to provide the
required 3.125% match and the final adjusting change order and grant increase have been
approved by the FAA.
Page 101 of 114
[PAGE LEFT BLANK INTENTIONALLY]
Page 102 of 114
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2806 -2014
AN ORDINANCE OF THE ESTIMATED COUNCIL O KENAI,
TED REVENUES AND APPROPRIATIONS BY$66,847IN THE AIRPORT FUND
AND IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND AND REDIRECTING
PREVIOUSLY APPROPRIATED AMOUNTS FROM COMPLETED AIRPORT PROJECTS
OR PROJECTS WITH EXCESS AIRPORT MATCHING FUNDS FOR THE SMALL
TAXIWAYS AND AIRCRAFT TIE DOWN REHABILITATION PROJECT.
WHEREAS, the Airport is requesting funds to prepare the design and bidding of a
project for small taxiways and aircraft tie down rehabilitation at the Kenai Municipal
Airport; and,
WHEREAS, the administration has received confirmation these services will be eligible
for 93.75% FAA and 3.125% State of Alaska reimbursement upon completion of the
grant application and award for the small taxiways and aircraft tie down rehabilitation
project; and,
WHEREAS, project design and administration costs are estimated at $139,040 and
will be initially paid using airport funds but $130,350 (93.75 %) will be reimbursed
upon grant award by the FAA and an additional $4,345 will be reimbursed by the
State of Alaska Department of Transportation; and,
WHEREAS, excess Airport matching contributions are available from the Airfield
Marking Project ($10,991) and the Obstruction /Tree Removal Project, ($58,052) for
redirection to this project; and,
WHEREAS, Airport Improvement Capital Project Fund, Fund Balance in the amount of
$3,150 from various other completed projects is available for reappropriation; and,
WHEREAS, the remaining $66,847 is available in the Airport Special Revenue Fund to
complete the initial funding of the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
Section 1. Form. That this is a non -code ordinance.
Section 2. That estimated revenues and appropriations be increased as follows:
Airport Fund
Increase Estimated Revenues: $66.847
Appropriation of Fund Balance
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 103 of 114
Ordinance No. 2806 -2014
Page 2 of 2
Increase Appropriations
Transfer to Capital Projects Fund
$ _ .847
Abort Improvement Capital Proiect Fund
Increase Estimated Revenues:
Transfer from Airport Fund
Appropriation of Fund Balance
$66,847
3.150
$§"97
Increase Appropriations
Engineering
$
Section 3. That previously appropriated fund be redirected as follows:
Airfield Markine Proiect
Decrease authorized funding - Construction
_Obstruction /Tree Removal-
$10,991
Decrease authorized funding - Construction
58.052
$ 043
Small Taxiways and Aircraft Tie Down Rehabilitation
Increase authorized funding - Engineering
Increase authorized funding - Administration
$62'282
6.761
$b9,0-43
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
December 2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: December 3, 2014
Adopted: December 17, 2014
Effective: December 17, 2014
New Teat Underlined: pDE ml ED TEXT BRACKETED
Page 104 of 114
"Villaye with a Past, C# with a Future"
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
go: Rick Koch, City Manager
//-From: Terry Eubank, Finance Director
Date: November 25, 2014
Re: Ordinance 2806 -2014
The purpose of this memo is to recommend passage of Ordinance 2806 -2014. Ordinance 2806-
2014 will appropriate fund for design and administration of a project to rehabilitate the asphalt of
taxiways F, G & H as well as the asphalt in the general aviation tie down area. The project has
been deemed eligible by the FAA for reimbursement. $139,040 is needed for this phase of the
project and must be initially provided using Airport Funds. Upon issuance of the project grant,
which will take place after design and bidding of the work, all project costs will be eligible for
93.75% federal participation and 3.125% state participation.
Funding for the $139,040 will come from a transfer from the Airport Special Revenue Fund in
the amount of $66,847, fund balance in the Airport Capital Project Fund, the result of excess
local funds from completed projects, $3,150, and excess local funds available in ongoing
projects, $10,991 from the Airfield Marking Project and $58,052 from the Obstruction/Tree
Removal Project.
Page 105 of 114
[PAGE LEFT BLANK INTENTIONALLY]
Page 106 of 114
"Villaye with a Past C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1III�1
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
199]
MEMO:
TO: Mayor and City Council Members
FROM: Sandra Modigh, City Clerk
DATE: November 13, 2014
SUBJECT: Planning & Zoning Commission Vacancy
The Planning & Zoning Commission currently has a vacancy due to the resignation of
Henry Knackstedt. All public notice /application requirements pursuant to KMC
14.05.015 have been met by the Clerk's Office.
James Glendening, a current member of the Harbor Commission, has submitted an
application expressing interest in filling the vacancy and completing Knackstedt's term
expiring December 2016. Mayor Porter has requested this applicant be included in the
packet for nomination.
According to KMC 14.05.015 (c), Council shall consider confirmation of this nomination
no later than the December 3rd meeting, but may confirm at the November 19th meeting.
Attachment
Page 107 of 114
CITY OF KENAI
"Village with a past -- City with a future."
BACKGROUND AND PERSONAL DATA -
>, CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS
" RETURN TO:
KENAI CITY CLERK
the aYyof a'yPPROVED 13Y COUNCIL, 210 FIDALGO AVENUE
KENAI, ALASKA KENAI, AK 99611
w/ Date: � 1 i� I k
PHONE: 283 -7535, EXT. 8231
FAX: 283 -5068
DATE:
NAME: T/aM -J / j5llfV ;may
RESIDENT OF THE CITY OF KENAI? Y/ J HOW LONG? 2
RESIDENCE ADDRESS 45 9'�`
MAILING ADDRESS
Home Fax No.
Business Fax No. _
May we include your
Z L4/ A),
Business Telephone
Email Address: _
on our yyv�eb p ge? ALL If not all,
EMPLOYER: _ %�G�/j /� JOB
NAME OF SPOUSE:
Telephone No. ?,P 3 - 7 K 7!—
CURRENT MEMBERSHIP IN ORGANIZATIONS: " L yy/�f G -,'/
PAST ORGANIZATIONAL MEMBERSHIPS:
OR COMMISSIONS IN WHICH YOU ARE INTERESTED: %��/�✓ YiN 9 91/�2oiV'
DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
COMMISSION OR COMMITTEE MEMBERSHIP?
L H� ✓r' a ✓.c/i 3 S y,�i� s o f �/ /.ski �n�du,r >�, / ,�h ,o,<��
C o /7M i
Page 108 of 114
9
T
G
r
W
W
J
U
Z
O
U
K
O
LL
(D
O
O
O
O
W)
I
9
Z
Q
O
O
O
O
N
N
ffl
Z
W
W
LU
LU
m
LU
W
❑
O
W
N
a
2
U
a
a
0
N
M
W
m
W
U
W
❑
LL
O
z
Z
H
W
W
J
U
Z
7
O
Q
F-
z
D
O
a
H
a
W
m
O
O
Z
W
o 0
N O O
� N O
O O N
V C (
W
w
J
IL
(L
U)
U) c7
Z
z (n
z F-
o � ry
M p
m O Q
w
w
z w
z
w
U
0 w Q
J
O U U)
w O w
(1) a J
O
O
w
cD
Z_
Z p
O Q
O
w O
CL
LLI
w
Z O
m
U Q N
W
U
J LU
IL a LU
IL O
a > OU
U) = w
W D O
w m
5 0 M
m Z Q
O � S
Q = U
H
CL
LLJ O W
(n Z Y
Page 109 of 114
[PAGE LEFT BLANK INTENTIONALLY]
Page 110 of 114
ALASKA
STATE
°-o ^P
ELKS ASSOCIATION
November 12, 2014
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
2014 -• 2015 ALASKA STATE ELKS ASSOCIATION, INC
Joel Hembach. President
18850 War Admiral Road
Eagle River, AK 99577 -8329
(907) 696 -7516 or (907)- 350 -0715
JON E. SHENNETr. President Elect MIKE SOUTHCOTT. Trustee Chair
P.O. Box 2642 P.O. Box 4993
Sitka. AK 99835 -2642 Palmer, AK 996454993
KONKAO JACKSON, Vice President
P.O. Box 2935
Soldouma, AK 99669 -2935
PAUL J. WHITNEY, Secretary
231 Knoll Circle
Soldoina. AK 99669 -7352
AL NAGeL, Treasurer
19637 N. Montague Loop -
Eagle River, AK 99577
Kerry Tomlinson -Daum, Trustee
P.O. Box 672
Sitka, AK 99835 -0672
Rick MoureL Trustee
48645 Halibouty Road
Kenai. AK 99611
ROGER R. TRUE, PGER/Alaska Sponsor
251 Thyme Circle
Richland. WA 99352
The Alaska State Elks Association has applied for a renewal of our Gaming Permit to conduct
raffles in the City of Kenai area through our Kenai Elks Lodge 2425. Pursuant to Alaska State Gaming
Regulations we have enclosed a copy of our renewal application.
If there should be any questions feel free to contact me at any time.
Sincerely,
�g L-_2�
Paul J. Whitney, Secretary
Alaska State Elks Association
231 Knoll Circle
Soldoma, AK 99669 -7352
907 - 262 -5667
aseasecretarvDalive.com
w ,A,%v.AlaskaStateE1 ks.org
A FRATERNAL ORGANIZATION
Page 111 of 114
Form 826 1 G
Gaming Permittee AppOfiication 1 2015
Organization Information
Federal EIN I
If renewing, � i gaming permh h
Phone Number
Organizetlon Neme _
07- Rv� "Jr��
A L s I c —
_ 0
erganrraoon nave z5 or more members, as defined In your ar8eles of incorporation urbylaws, who are Akeka residents? W Yas ❑ ND
Members in Charge of Games
Members in charge must be natural persons and active members of the organization or employees of the municipality and desionatad by the ,.,,.�.,;,.,.;....
Members in charge may not be lirsnewl
Legal Questions These questions must be answered. If you answer Yes to either question, see instructions.
❑ Yes ® No Does any member of management, or any person who n
is responsible for gaming activities, have a prohibited D Yesr_y , No Has any member of management, or any person who is
conflict of interest as defined by 15 AAC 160.954? responsible for gaming activities, ever been convicted of
a felony, extortion, or a violation of a law or ordinance of
this state, or another jurisdiction, that is a crime involving
theft or dishonesty, or a violation of gambling laws?
'Ve declare, under penalty of t i sworn Ialsifi,pimt, drat we have examined ffiis appllcadon, including any attachments, and they to the bas
fi our knowledge and belief, n is true and complete. We understand drat any false statement made on the applicadon or any attachments h
wnlshable by law. By oursignatures below, vre, the primary member, the alternate member, andifappficable, the managerof gaming, agree is
flow the Department of Revenue to review any criminal history we may have in accordance with 15AAC 160.034.
ma nn h
rw�,men, uae uNLY Pay online with OTIS at www.tax.alaska.gov or make check
Validation k payable to State of Alaska. New applicants must pay by Permit Fee
check. The permit fee is based on the 2014 estimated
rocs ct. Check Ue a ro date box.
❑ Newapplignt $20
❑ $0- $20,000 $20
� $20,001 - $100,000 $50
Email Address: dortax.gaming @alasks.goy ❑ 5100,001 or more $100
Mail to: Alaska Department of Revenue, PO Box 110420, Juneau AK 99811.0620
0405 -826 Rev 09130!14 - page 1
Page 112 of 114
0)
F.m826 I Gaming Permittee Application 1 2015
laming Permit# Organization Namme
L) 15 �1fJSICASnT�'E K��Il��hil7ti`�S �i�—iir.
� r- ---- t —di A._—,—A% .. F..:f.6m eMnr6 n c raa �haot
Facility Name
Physical Address
City
State
Zip Code
Game type (check all that apply) ® Raffle ❑ Contest of skill ❑ Fish derby E] Dog musher' contest
c C i< -1• . , rS ;
❑ Special draw raffle" ❑ Big Bull Moose Derby ❑ Classic/Other (specify)
AK
Zip Coded
Faclity Type (check one)
❑ owned ❑ Leased ❑ Donated
Game Type (check all that apply)
❑Bingo❑Rame ❑Pull- tabs ❑Animal classic (chicken)'❑ Animal classic (rat racer ❑Caladtapoot"
Facility Name
Physical Address
City
State
AK
Zip Code
Fealty Type (check one)
❑ El ❑ Donated
Game Type (check all that apply)
Bingo ❑ Raffle ❑ Pufl-tabs ❑ Animal classic (ddckenr ❑Animal classic (rat racer ❑ calcutla pool°
owned teased
Bar or Liquor Store Name
w -a aanrh a mnarafa nhaat. • raetricfed came Noe "sea instructions formandatory armcrlmems
Area
Game type (check all that apply) 0 Raffle ❑ Cordest of skill ❑ Fish derby ❑ Dog musher' contest
Cpc i > L -r-
❑ Speciai draw raffle ° ❑ Big Bull Moose Derby ❑ Classid0ther (specify)
Area
Game type (check all that apply) ® Raffle ❑ Contest of skill ❑ Fish derby E] Dog musher' contest
c C i< -1• . , rS ;
❑ Special draw raffle" ❑ Big Bull Moose Derby ❑ Classic/Other (specify)
Manager First Name MI
Manager Last Name
Social Security Number
Daytime Phone Number
Home Mailing Address
Email
Mobile Phone
City
Slate
Zip Coded
Has the manager of gaming passed the test?
Permit # under which test taken
City
State
Zip Code
❑Yes ❑ NO
v_ ._A k.... ., t......r.a.end 4 erg%f. meh vaMd rlicM hMnw
Bar or Liquor Store Name
Physical Address
City
state
Sp Code
AK
Bar or Liquor Store Name
Physical Address
City
State
Zip Code
AK
Bar or Liquor Store Name
Physical Address
City
State
Zip Code
AK
Bar or Liquor Store Name
PhysicalAddress
City
State
AK
Zip Code
Bar or Liquor Store Name
Physical Address
City
State
AK
Zip Code
Operator Information
Designate operator who wiz conduct activities on the organvation's behalf. Attach signed operating contract(s). f more than one operator, operator location, or
fame type, atlach a separate sneet
)peralor License # Operator Facllity Name Game Type(s)
>hysicai Address City State Zip Code
Multiple- Beneficiary Permittee information (nntstr)
Designate the MBP with which the organization has signed a partnership or)oint venture agreement.
MBP Permit# IMBPName Facility Name Game Type(s)
Code
Dedication of Net Proceeds Describe in detail how the organization will use the net proceeds from gaming activities.
Gaming funds are used to help support the Youth Camp, a two week summer camp for 100 boys and
100 gins aged 9 -13, D.A.R.E. Program, Hoop Shoot, a free throw competition For boys and gins aged 7-
113, Soccer Shoot, for boys and girls aged 7 -13, other Youth Activities, Scholarships, Veterans Programs,
Americanism and other state wide activities in support of our communities.
— _ ---- egssoco -r�,.-J/30114 -page
Page 113 of 114
2015 ALASKA GAMING PERMIT APPLICATION
AREA -BASED GAMES
Anchorage Area
Municipality of Anchorage
Anchorage Elks Lodge 2868
RAFFLE
3101 Penland Parkway, Suite A -14
Anchorage, AK 99523
Eagle River Area
Municipality of Anchorage
Eagle River Elks Lodge 2682
RAFFLE
17111 North Eagle River Loop Road
Eagle River, AK 99577
Fairbanks Area
City of Fairbanks
Fairbanks Elks Lodge 1551
RAFFLE
1003 Pioneer Road
Fairbanks, AK 99701
Wasilla Area
Matanuska - Susitna Borough
Palmer Elks Lodge 1842
RAFFLE
2600 North Barrys Resort Road
Wasilla, AK 99645
Valdez Area
City of Valdez
Valdez Elks Lodge 2537
RAFFLE
339 Fairbanks Street (P.O. Box 1607)
Valdez, AK 99686
Homer Area
City of Homer
Homer Elks Lodge 2127
RAFFLE
215 Jenny Lane
Homer, AK 99603
Kenai Area
City of Kenai
Kenai Elks Lodge 2425
RAFFLE
205 Barnacle Way
Kenai, AK 99611
Kodiak Area
City of Kodiak
Kodiak Elks Lodge 1772
RAFFLE
102 West Marine Way (P.O. Box 846)
Kodiak, AK 99615
Soldotna Area
Kenai Peninsula Borough
Soldotna Elks Lodge 2706
RAFFLE
44640 Parkway Avenue
Soldoma, AK 99669
Juneau Area
City & Borough of Juneau
Juneau Elks Lodge 420
RAFFLE
P.O. Box 33239
Juneau, AK 99803
Ketchikan Area
City of Ketchikan
Ketchikan Elks Lodge 1429
RAFFLE
1448 Tongass (P.O. Box 5177)
Ketchikan, AK 99901
Petersburg Area
City of Petersburg
Petersburg Elks Lodge 1615
RAFFLE
301 North First Street (P.O. Box 609)
Petersburg, AK 99833
Page 114 of 114
NOTICE OF PUBLIC HEARING
DECEMBER 3, 2014
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following
Ordinance(s) and /or Resolution(s) on the above -noted meeting date.
1. Ordinance No. 2800 -2014 — Accepting and Appropriating a Donation from Hilcorp
Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving
Dinner.
2. Ordinance No. 2801 -2014 — Accepting and Appropriating a Grant from the State of
Alaska Library for Employee Travel and Training.
3. Resolution No. 2014 -69 — Adopting an Alternative Allocation Method for the FY15
Shared Fisheries Business Tax Program and Certifying that this Allocation Method
Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity
in FMA 14: Cook Inlet.
4. Resolution No. 2014 -70 — Amending Article IV, Rents and Fees of the Lease Form
for Airport Reserve Lands between the City of Kenai and Legacy Electric, LLC for Lot
2, Block 1, General Aviation Apron, Located within the Airport Reserve.
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 the Council prior to adoption
without further public notice.
i�
San Modigh, OMC, City Clerk
Posted: November 26, 2014