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HomeMy WebLinkAbout2017-08-16 Council Packet Kenai City Council Meeting Page 1 of 4 August 16, 2017 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 16, 2017 – 6:00 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. Administer Oath of Office for Student Representative Brittany Gilman 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) 1. Heather Cavanaugh, Alaska Communications – Update on Alaska Communications’ High-Speed Broadband Network Expansion. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2973-2017 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. .................................................. Pg. 5 2. Ordinance No. 2974-2017 – Accepting and Appropriating a Grant from the United States Department of Transportation Passed Through the State of Alaska Department of Transportation and Public Facilities for the Reduction of Fatalities and Injuries on Roadways. .............................................................................. Pg. 8 3. Ordinance No. 2975-2017 – Appropriating Funds in the Airport Fund, Accepting a Grant From the Federal Aviation Administration and Appropriating Funds in the Airport Capital Project Fund for the Terminal Building Rehabilitation Project and Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for Design Services. ...................................................................................................... Pg. 11 4. Ordinance No. 2976-2017 – Increasing Estimated Revenues and Appropriations by $15,371 in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Airport Fencing Rehabilitation Project. ...................................... Pg. 20 Kenai City Council Meeting Page 2 of 4 August 16, 2017 5.Ordinance No. 2977-2017 – Amending Kenai Municipal Code Sections 14.20.151 –Application for Conditional Use Permit for Surface Extraction of Natural Resources, 14.20.152 – Review of Application, 14.20.153 – Public Hearing, 14.20.154 – Issuance of Permit, 14.20.155 – Operation, 14.20.156 – Yearly Review, 14.20.157 – Termination, 14.20.158 – Amendment or Transfer, to Allow the City Planner to Determine Application Completeness and Making Other Housekeeping Changes................................................................................ Pg. 24 6.Ordinance No. 2978-2017 – Increasing Congregate Housing Fund Estimated Revenues and Appropriations to Provide Repair and Maintenance Funds That Were Inadvertently Omitted from the Funds FY2018 Budget. ....................... Pg. 37 7.Resolution No. 2017-54 – Authorizing a Budget Transfer in the General Fund for the Purchase of Neogov Applicant Tracking Software Licensing and a One-Time Setup and User Training Fee. ....................................................................... Pg. 40 8.Resolution No. 2017-55 – Awarding A Three-Year Contract for Telecommunications Services to Alaska Communications. ........................... Pg. 43 9.Resolution No. 2017-56 – Authorizing an FY2017 Budget Transfer in the Senior Citizen Fund for Personnel Costs in Excess of Budgeted Amounts. ............. Pg. 47 10.Resolution No. 2017-57 – Consenting to a Renewal of Lease of Certain Airport Lands within the Airport Reserve Between the City of Kenai, Lessor, and SOAR International Ministries, Inc., Lessee, on Property Described as Lot 2, Block 3, General Aviation Apron Number One. ........................................................... Pg. 50 11.Resolution No. 2017-58 - Authorizing a Donation to Peninsula Art Guild, Inc. for Completion of Preliminary Design to Renovate and Remodel the Kenai Fine Arts Center, a Facility Owned By the City of Kenai and Leased to the Peninsula Art Guild. ...................................................................................................... Pg. 90 E. MINUTES 1.*Regular Meeting of August 2, 2017 ................................................................ Pg. 93 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. .................................................... Pg. 106 2. *Action/Approval – Purchase Orders Exceeding $15,000. 3. *Action/Approval – Non-Objection of the Marijuana License Renewals for Red Run Cannabis Company, LLC and Red Run Cannabis Cultivators, LLC. ... Pg. 107 4. *Ordinance No. 2979-2017 – Amending KMC 14.20.330 Standards For Commercial Marijuana Establishments, to Change how Buffer Distances are Measured from Commercial Marijuana Establishments to Post-Secondary Schools, Kenai City Council Meeting Page 3 of 4 August 16, 2017 Recreation or Youth Centers, Churches, Correctional Facilities, and Substance Abuse Treatment Facilities and Approving a Policy to Provide Guidance in Measuring Pedestrian Routes. ................................................................... Pg. 126 5. *Ordinance No. 2980-2017 – Declaring that Lot 9, Block 8, Original Townsite of Kenai, According to Plat No. K-2970, Located within Section 5, Township 5 North, Range 11 West, Seward Meridian, also Known as 612 Inlet Street, Kenai, Alaska, whose Last Recorded Owner Under Borough Assessment Records was Billy A McCann, Po Box 92, Kenai, Alaska, Shall be Retained by the City Of Kenai for a Public Purpose. ......................................................................................... Pg. 133 6.Action/Approval – Authorizing the City Manager to Work with the Kenai Chamber of Commerce and Visitor’s Center to enter into a Memorandum of Understanding to operate a Dipnet App. ............................................................................ Pg. 142 7.Action/Approval – Authorizing the City Manager to Work with the Kenai Chamber of Commerce and Visitor’s Center to enter into a Memorandum of Understanding to create and maintain an Eagle Cam. ....................................................... Pg. 146 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission ................................................................................... Pg. 150 4.Parks and Recreation Commission 5. Planning and Zoning Commission ............................................................. Pg. 153 6. Beautification Committee 7.Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1.City Manager ............................................................................................. Pg. 157 2.City Attorney 3.City Clerk K. ADDITIONAL PUBLIC COMMENT 1.Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** Kenai City Council Meeting Page 4 of 4 August 16, 2017 INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2973-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE STATE OF ALASKA FOR THE PURCHASE OF LIBRARY BOOKS . WHEREAS , the City of Kenai received a grant from the State of Alaska, Department of Education & Early Development for the purchase of library books; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Form: That this is a non-code ordinance. Section 2. That the City Manager is authorized to accept a grant from the State of Alaska , Department of Education and Early Development in the amount of$ 7,000 for the purchase of library books 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: General Fund Increase Estimated Revenues: Library -State Grants $7 ,000 Increase Appropriations: . Library -Books $7,000 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 1.15.070(f), this ordinance shall take effect 30 days after adoption. (Emergency ordinances and ordinance making , repealing , transferring , or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time : "That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption ") New T ext Und erl ined ; [DE LETE D TEXT BRACKET ED ] Page 5 of 169 Ordinance No. 2973 -2017 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 161h day of August, 2017. ATTEST: Jamie Heinz , Acting City Clerk Approved by Finance ~ BRIAN GABRIEL SR., MAYOR Introduced : August 2, 2017 Enacted: August 16, 2017 Effective : August 16 , 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 6 of 169 'Vtff~ «1/t~ a Pacf~ Ct'tf «11't~ a rat~ 11 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Te lephone : (907 ) 283 -7535 I Fax : (907) 283 -3 014 www.kenai.city MEMORANDUM TO : THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager? o . Mary Jo Joiner ..... ;A. J J 20 July 2017 Annual State Grant The library has been awarded the annual public library assistance grant by the Alaska State Library. As per the grant award , the amount of $7 ,000 is to be used for the purchase of books and should be deposited in account 001-440-4666 . The library d irector completes an application each year in order to rece ive these funds . Certain mi nimum standards must be met in order to receive this grant. These include reporting requirements on expenditures and collectio n statistics , number of hou rs that the library is open to the public, minimum educational requirements for the Library Director and continuing education requirements Page 7 of 169 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2974-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FOR THE REDUCTION OF FATALITIES AND INJURIES ON ROADWAYS. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic-related overtime funds require no local match and allow the department to show a strong traffic presence within the City of Kenai; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $2 ,615 .67 from 5-15-17 to 6-4-17; and, WHEREAS , the Police Department is requesting appropriation of the grant in the amount of $2 ,615.67 to the department's overtime account. NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form : That this is a non-code ordinance. Section 2. That the City Manager is authorized to accept grant funding from the Alaska Highway Safety Office in the amount of $2,615.67 for expenditures related to police traffic overtime. Section 3. follows: That fiscal year 2017 estimated revenues and appropriations be increased as General Fund Increase Estimated Revenues : Federal Grants -Police $2,615.67 Increase Appropriations: Police -Overtime $2 ,615.67 Section 4. 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 New Text Underlined ; [DELETED TEXT BRACKETED] Page 8 of 169 Ordinance No . 2974-2017 Page 2 of 2 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 5. Effective Date: "That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon enactment. The appropriation and transfer shall be made effective June 30 , 2017 and shall be considered an action of Fiscal Year 2017. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 161h day of August, 2017 . ATTEST:· Jamie Heinz, Acting City Cler~ Approved by Finance _J'i-,--_f:/l.---__ BRIAN GABRIEL SR., MAYOR Introduced: August 2, 2017 Enacted : August 16 , 2017 Effective : August 16 , 2017 New Text Underline d ; [DE LE TED TEXT BRACKETED ] Page 9 of 169 'Utt~ wit~ Q Pu~ ei? 1Uiti a FataH JI 210 FidalgoAve, Kenai.Alaska 99611-n94 Telephone: (907) 283-7535 I Fax: (907} 283-3014 www.kenai.city MEMORANDUM TO: THRO UGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ? o · David Ross -Police Chief ~~ 7-26-2017 Ordinance requesting appropriation -Police Overtime The Kenai Police Department continues to participate in traffic enforcement overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO}. These overtime patrols are not budgeted in the FY17 budget. Actual overtime costs for traffic enforcement around the Memorial Day holiday.that qualifies for AHSO reimbursement, was $2,615.67. AHSO -overtime reimbursements · are deposited into the general fund. The reimbursement should be appropriately attributed to the police overtime account for FY17. Page 10 of 169 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2975-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING FUNDS IN THE AIRPORT FUND, ACCEPTING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION AND APPROPRIATING FUNDS IN THE AIRPORT CAPITAL PROJECT FUND FOR THE TERMINAL BUILDING REHABILITATION PROJECT AND AWARDING A CONTRACT TO WINCE-CORTHELL-BRYSON CONSUL TING ENGINEERS FOR DESIGN SERVICES. WHEREAS, the Kenai Airport terminal building was constructed in 1968, expanded in 1983 and renovated in 1989 and 2001; and WHEREAS, in addition to deferred maintenance projects, such as the replacement of the building roof membrane and rehabilitation of the fire sprinkler system , near and midterm facility requirements were identified in the Phase 2 Master Plan Report for the terminal ; and, WHEREAS, the Airport is requesting funds for the environmental, design, and construction engineering services for the rehabilitation of the terminal building at the Kenai Municipal Airport; and , WHEREAS, Wince-Corthell-Bryson was the highest ranked consultant as a result of the architectural/engineering & construction management services for Kenai Municipal Airport Capital Improvement Projects Request for Proposals; and, WHEREAS, City Administration has reviewed the proposal from Wince-Corthell-Bryson and finds the scope of work to be accurate and the price of$ $440,212 to be fair and reasonable; and, WHEREAS, award to Wince-Corthell-Bryson would be in the best interest of the City; and, WHEREAS, the Federal Aviation Administration has provided their concurrence that the cost and scope is reasonable and relevant; and, WHEREAS , the design grant is FAA eligible and grant funds are available and the City has been awarded a grant totaling $ 521,007 comprised of 93. 75% FAA $ 488,444 and requiring a 6 .25% local share of$ 32,563; and , NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non-code ordinance. Section 2. That the City Manager is authorized to accept a grant from the Federal Aviation Administration in the amount of$ 488,444 and to expend the funds in accordance with the grant provisions. New Text Underlined; [DELETED TEXT BRACKETED] Page 11 of 169 Ordinan ce No . 2975-2017 Page 2 of 2 Section 3. That estimated revenues and appropriations be increased as follows: Airport Fund: Increase Estimated Revenues - Appropriation of Fund Balance Increase Appropriations - Transfer to Airport Capital Project Fund $ 32 .563 $ 32.563 Section 4. That the estimated revenues and appropriations be increased as follows : Airport Capital Project Fund: Increase Estimate Revenues - Federal FAA Grant Transfer from Airport Fund Increase Appropriations: Design and Engineering Administration $488,444 32 ,563 $521,007 $488,444 32 ,563 $521,007 Section 5 . That the City Manager is authorized to execute a professional services agreement to Wince-Corthell-Bryson at a total cost $440,212. Section 6 . 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 judgement 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 perso n o r c ircumstances. The City Council hereby declares that it would have enacted the remainder of this ord inan ce even without such part, provision, or application . Section 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of August, 2 017 . ATTEST: Jamie Heinz, A cting City Clerk Approved by Finance 1 ~ BRIAN GABRIEL SR., MAYOR Introduc ed : August 2, 20 17 Ena cted : August 16 2017 Effective : August 16 , 2017 New Text Un derlined ; [D ELETE D TEXT BRACKETED] Page 12 of 169 'Utt~ «1lti a Pa.r~ e~ «11'ti a Fat~ " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai.city MEMORANDU M TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City~o~nc· Paul Ostrander, City Manager ~ Mary L. Bondurant -Airport Manag July 26, 2017 Ordinance 2975-2017 -Airport Terminal Rehabilitation Project The FY17 Airport Capital Improvement Plan (ACIP) identified a terminal rehabilitation project and the FAA has given notice to move forward with the grant process. The airport terminal building is in need of a new roof and fire sprinkler system in addition to mechanical and electrical upgrades. The master plan process also identified interior/exterior building upgrades, interior flooring , lighting upgrades, and relocation of the airport administration offices, baggage makeup expansion and structural building code upgrades. The planning and design grant will be in phases; the first phase will consist of determining the facility requirements and a phased development plan; phase two will consist of the design and bid process. Construction is anticipated to be in 2018. Wince-Corthell-Bryson submitted a scope of work and proposal that the City and the FAA agree is reasonable. I recommend approval of Ordinance 2975-2017 to support the rehabilitation of the airport terminal building . Please contact me if you have any questions . Page 13 of 169 KENAI MUNICIPAL AIRPORT PASSENGER TERMINAL IMPROVEMENTS 2017-2018 Scope of Work -June 27, 2017 Scope of Work Outline: The consultant will work with the City to develop a scope of work to address the near and midterm terminal facility requirements identified in the Phase Two Master Plan Report giving consideration to potential long term requirements through the twenty year planning period. The scope of work will define the planning and design services required to rehabilitate, upgrade and expand the passenger terminal taking into consideration but not limited to the following criteria: 1. Current airport master plan determinations 2. Stakeholder involvement 3. Update near and midterm facility requirements 4. FAA environmental review 5. Project phasing 6. Project design 7. City and FAA reviews 8. Financial considerations 9. FAA project programming 10 . Project Implementation 11. Construction Administration Environmental Reviews: The 2013 Environmental CATEX is no longer considered valid, by FAA, due to the lapse of time since its completion, as well as the new requirements contained in FAA Order 1050-I F, Environmental Impacts-Policies and Procedures. A new documented CATEX will be required for this project and wi11 be prepared and submitted to FAA for a review process concurrent with the phase one design. The consultant will assist the City in preparation of the CATEX documents. Planning and Design: Under a planning and design grant the project will be broken down into planning and design phases with the first phase provided a firm not to exceed fee and the second phase provided an estimated fee for grant purposes. The second phase will be negotiated prior to notice to proceed once the City has selected the improvements to be completed. Phase One: Based on the approved scope of work, fees for the first phase and a notice to proceed, the consultant will complete the first phase of the project determining the facility requirements and a phased development plan. Kenai Municipal Airport Passenger Terminal Improvements Page 1 Page 14 of 169 Facility requirements: At this time known, near and midterm, Passenger Terminal Facility requirements, based on the determinations found in Chapter 5 -Airport Facility Requirements, of the 2015 Master Plan Phase Two report, are as follows: • Deferred maintenance projects o Terminal building roof membrane replacement • Eval uate roof mechanical systems • Evaluate roof insulation system o Tenninal building fire sprinkler system rehabilitation o Interior/exterior building upgrades • Exterior siding system • Interior flooring, wall repairs and painting • Interior/exterior lighting upgrades • Baggage makeup area expansion for secure and cold storage and overhead door air dams . • Air carrier operations area refurbishment • New second story airport administration area for environmental separation as well as due to displacement by present and future air carrier space requirements • Mechanical/Electrical room expansion for improvements and building code upgrades • Structural building code upgrades • Water, sewer, electrical and telecommunications utility upgrades • Miscellaneous tenninal public amenities o Visual Information Systems o Wireless Computer service and portable kiosks • Tenninal parking garage for afrport manager's airport vehicle, air carrier tugs, and miscellaneous terminal building storage requirements, attached and/or detached. • Terminal pet release area. • A ir carrier equipment parking shelter i.e. deicing equipment, aircraft stairs, etc . The consultant will review, update and define the facility condition and requirements with the City and project stakeholders. At least two stakeholder involvement meetings will be held to review the facility requirements. The consultant will develop conceptual plans for the improvements and assemble m aterial and equipment infonnation necessary to formulate a narrative and conceptual cost estimates for presentation and inclusion in a design study report. The desig n study report and presentation will provide, in addition to the conceptual p lan s, a prioritized breakdown of the facility requirements, an updated code review, and conceptual order of magnitude cost estimate for each component of the facility requirements. The consultant will work wi th the City to develop a near and midterm improvement list for developing a phased improvement plan. The consultant will work with the City and FAA to determine grant el i gible facilities Specific tasks are listed as follows : I . Kickoff meeting with stakeholders 2 . Program development for near and midtenn facility requirements 3 . Update facility conditions inspection 4 . Stakeholder concept design meeting Kenai Municipal Airport Passenger Terminal Improvements Page 2 Page 15 of 169 5. Develop one. at most two, conceptual design drawings for near and midterm facility requirements 6. Update existing code reviews to the 2012 codes 7. Assist City with FAA programming of grant eligible items 8. Prepare design study report from al1 disciplines with order of magnitude cost 9. Stakeholder concept design review meeting Phased Development Plan: The consultant wiJI develop a phased plan addressing the near and midterm needs of the passenger terminal building while providing for the efficient utilization of available funding and potential Jong term expansion requirements of the overall terminal area. The conceptual plans, for the near term improvements will be updated to a schematic stage providing additional detail, material and finish schedules as well as mechanicaVelectrical equipment necessary to support the improvements . The design study report will be updated to provide narratives of the updated plans, materials and equipment as well as the conceptual cost estimate updated with the new information available. At least two stakeholder involvement meetings will be held to review the phased development plan and cost estimates. The consultant will ass ist the City with FAA review and negotiations of grant eligible items. Specific tasks are listed as follows: 1. Develop near term schematic drawings 2. Develop preliminary finish schedules and equipment requirements 3. Update code reviews 4 . Update design study report and cost estimates 5. Stakeholder schematic design review meeting Phase T wo Design and Bid Process: Based on the improvements selected by the City the consultant will establish a firm fee for design development and construction bid documents to be approved by the City and FAA prior to a separate notice to proceed. The consultant will follow the standard design process from the schematic phase, det ermined earlier, through the design development and contract documents for the phase one improvements. All design will be completed in accordance with current building codes and FAA advisory circulars . Specifications and contract forms will be prepared as required by FAA an d F ederal procurement regulations and policies . Design Development will progress the plans with the required detail to provide technical specifications, and construction cost estimates. Following review the contract documents will be completed for the bid phase of the project. Bid phase services will include preparation of the bid advertisement, attending a pre b id conference, the preparation of plan/specification clarifications and any necessary addendums. Kenai Municipal Airport Passenger Terminal Improvements Page 3 Page 16 of 169 The consultant will assist the City with the bid opening, bid evaluations and recommendations as to award. This phase would also include assisting the City through the FAA reviews, grant programming and application process. Specific tasks are listed as follows: I. Design Development: • Review approved schematic design and review comments • Prepare design development drawings to 65% stage • Prepare preliminary specifications and cost estimates • Update design study report • Stakeholder review meeting • Review comments and prepare final design development documents 95% • Prepare final design development specifications and cost estimates • Stakeholder review meeting 2 . Construction Documents: • Review approved design development documents and comments • Prepare final construction documents, specifications and cost estimate • Stakeholder review meeting • Address final review comments and prepare bid ready documents and estimate 3. Bid Phase • Assist City with bid documents and advertisement • Attend pre bid conference • Respond to bidder questions for addendums • Assist City with bid reviews and recommendation of award • Assist City with FAA Grant application Deliverables! All deliverables will be prepared and submitted in conformance with the City of Kenai Contract General Conditions The consultant shall prepare a planning and design study report beginning with the facility requirement study and update. The report will be updated with each subsequent phase. Plans will be prepared using up to date versions of AutoCAD with the deliverables plotted in 22 x 34 and 11 x 17 formats. Electronic files will be provided to the City. Technical Specifications will be prepared using standard architectural formats and the General Conditions prepared using the established FAA approved format currently used by the City on its airport projects. The City will be provided hard copy originals and the WORD files . The design study report, plans, specifications and cost estimates will be submitted for reviews by City, FAA and project stakeholders at the Schematic stage (35%), the Design Development stage (65%) and at the final Construction Bid Document stage (100%). After each review and approval the consultant will revise the documents as requested and proceed to the next stage of development. Kenai Municipal Airport Passenger Terminal Improvements Page4 Page 17 of 169 Construction Administration: The City will apply for a construction grant after bids are opened and a contractor is selected for the project. The consultant shall provide construction contract administration and inspection services to assure compliance with the plans and specifications. Typical tasks during this phase typica11y include the following tasks : Preconstruction meetings Submittal reviews Daily inspections and reports Review and responses to contractor RFI's and DCVR's Contractor payment application reviews Equipment commissioning and certifications Project and grant closeout reports Schedule: A tentative schedule, following a notice to proceed, for the above described work is provided as follows. Stake holder involvement meetings and review periods are included in each phase. Facility Requirements 8 weeks Phased Development Plan 4 weeks Phase One Design and Environmental CATEX 16 weeks Programming and FAA CJP Applications 4 weeks Bid Process, Grant Applications 6 weeks Construction 2018 Design Team: The planning and design team remains as presented in the April 2014 proposal for term architectural, engineering and construction management services for the Kenai Municipal Airport as listed below: Project Managers Architectural Engineering Civil/Structural Mechanical/Electrical Airport Planning Surveying Wince-Corthell-Bryson, Consulting Engineers Klauder and Company, Architects Wince-Corthell-Bryson, Consulting Engineers MBA Consulting Engineers Aries Consultants Whitford Surveying Kenai Municipal Airport Passenger Terminal Improvements Page 5 Page 18 of 169 Estimating Fees and Implementation: The project should be broken down into three phases for fee negotiations and separate notices to proceed. This process will provide the consultant and the City with a firm understanding of the work that will be required for each subsequent phase and at the same time provide the City with more flexibility in managing the phased planning and initial implementation of improvements selected to proceed . The recommended phases are as follows: First Grant FY 2017 1. Faci lity requirements planning and phased development plan 2. Design development and construction documents, environmental and bid process A detailed line item scope of services will be provided for each discipline to affix fees to. Line items will consist of, but not necessarily be limited to, the fo11owing major tasks. • Existing conditions observations and docwnentation • Planning and programming • Concept Designs • Design Study Report • Schematic design (35%) • Finish and Equipment schedules • Design Study Report update • Design development (65%) • Design Study Report update • Construction documents (100%) • Bid Phase Second Grant FY 2018 1. Construction and construction inspection and administration Kenai Municipal Airport Passenger Terminal Improvements Page 6 Page 19 of 169 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2976-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,371 IN THE AIRPORT FUND AND IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR THE 2016 AIRPORT FENCING REHABILITATION PROJECT. WHEREAS , at the direction of the Federal Aviation Administration (FAA) this project has been renamed to the Airport Fencing Rehabilitation Project from the 2016 Security Camera Project; and , WHEREAS, Ordinance 2751-2014, enacted on May 7, 2014, appropriated $25 ,000 for a design/bid package preparation for this projects original scope of work ; and , WHEREAS , Ordinance 2810-2015, enacted on January 21, 2015, appropriated an additional $6,500 due to administrative costs required for the completion of the design/bid package phase of the project; and, WHEREAS, Ordinance 2878-2016, enacted on February 3 , 2016, appropriated an additional $24,016 after City review of the new FAA regulations clarifying procurement by competitive proposals to be in the best interest of the City to change the project from a design/build (performance specifications) to design bid documents with sealed bids ; and , WHEREAS, on further FAA consultation and direction , it has been determined to modify the previously submitted project documents for the security cameras to reduce the number of cameras and to include modifications to upgrade the access control system to the e xisting automatic gates ; and , WHEREAS , Wince-Corthell-Bryson submitted a proposal to provide additional engineering services in the amount of $15,371 which Administration has reviewed and found to be fair and reasonable ; and WHEREAS, the Administration has received confirmation that the costs will be eligible for 93.75% FAA re imbursement upon completion of the grant application and award of a grant. NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Form : That this is a non-code ordinance. Section 2. That estimated revenues and appropriati o ns be increa sed as follows : New Text Underlin ed ; [D ELETE D TEXT BRACKETED] Page 20 of 169 Ordinance No . 2976-2017 Page 2 of 2 Airport Special Revenue Fund Increase Estimated Revenues - Appropriation of Fund Balance Increase Appropriations - Transfer to Capital Projects Fund Airport Fencing Rehabilitation Project Increase Estimated Revenues Transfer from Airport Special Revenue Fund Increase Appropriations Engineering $15 ,371 $15,371 $15,371 $15 ,371 Section 3. That the City Manager is authorized to execute an amendment to Wince-Corthell- Bryson in the amount of $15 ,371 to complete this work. Section 4. Severability: That if any part of provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision , or application directly involved in all controversy in which this judgement shall have been rendered , and shall not affect or impair the val idity 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 5. Effective Date : That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. (Emergency ordinances and ordinance making, repealing , transferring , or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time: "That pursuant to KMC 1.15 .070(f), this ordinance shall take effect upon adoption "). ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 16th day of August, 2017 . ATTEST: Jamie Heinz, Acting City Clerk Approved by Finan ce ~ BRIAN GABRIEL SR , MAYOR Introduced : August 2, 2017 Enacted : August 16 , 2017 Effective : August 16, 20 17 Ne w Text Unde rlined ; [DELETED TEXT BRACKETED! Page 21 of 169 ''l/tt t~ «11r:~ a Po.~~ Ct'tff «11'th a ru.t~ " 210 F idalgo Ave, Kenai, Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai C~it~ Cou~cil Paul Ostrander, City Manager 7 · Mary L. Bondurant -Airport Manage July 26, 2017 Ordinance 2976-2017 -Airport Fencing Rehabilitation Project The purpose of this memo is to appropriate an additional $15,371 for the FY17 Airport Fencing Rehabilitation Project. This project now only consists of upgrades to the automated gates and access control (card reader) system . The security cameras did not receive approval from the Office of the Secretary of Transportation (OST); however, the FAA is recommending pursuing the gate upgrades and taking advantage of any cost savings that Kenai can benefit from with any infrastructure installation that would make it easier for the City to benefit from with future security camera installation. Security cameras are only eligible now for the purposes of identifying people as they enter access points, not for observation of wide areas such as the airfield. The FAA has confirmed that the additional costs are grant eligible. I recommend approval of Ordinance 2976-2017 to support the fencing rehabilitation project. Please contact me if you have any questions. Page 22 of 169 'Vitt~ t11lt~ Q Po.if~ e~ t11lt~ Q ht~ II 210 Fidalgo Ave , Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax : (907) 283-30 14 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager y?i Mary L. Bondurant -Airport Manage August 4, 2017 Amendment to Ordinance No. 2976-2017 The purpose of this memo is a correction to Ordinance No. 2976-2017 Airport Fencing Rehabilitation Project. On Page 2, Section 5. The second sentence beginning with ("Emergency ordinance") and ending with "upon adoption") should be completely deleted . I apologize for any inconvenience. If you have any questions, please contact me. Attachment: Ordinance No. 2976-2017 Page 23 of 169 fheeitpf, KENAl~KA "V' Sponsored by: Council Member Glendening C ITY O F KENAI ORDINA NCE NO. 2977 • 2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.151 -APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES , 14.20.152 -REVIEW OF APPLICATION , 14.20.153 -PUBLIC HEARING , 14.20 .154 -ISSUANCE OF PERMIT , 14.20 .155 -OPERATION, 14.20.156 -YEARLY REVIEW , 14.20.157 -TERMINATION , 14.20 .158 -AMENDMENT OR TRANSFER , TO ALLOW THE CITY PLANNER TO DETERMINE APPLICATION COMPLETENESS AND MAKING OTHER HOUSEKEEPING CHANGES . WHEREAS , Kenai Municipal Code Section 14.20.152 -Review of Application, presently requires that a Conditional Use Permit application for Surface Extraction of Natural Resources be placed on the agenda of the Planning and Zoning Commission to conduct a completeness review prior to scheduling it for a Publ ic Hearing ; and , WHEREAS , at the completeness re view, the Planning and Zoning Commission can only review t he application for completeness and can therefore only discuss the application and accompanying information ; and , WHEREAS , after the completeness rev iew is completed by the Planning and Zoning Commission, pursuant to Kenai Mun icipal Code Section 14.20.153 -Public Hearing , the application is the n scheduled for the first regular meeting follow ing the meeting at which the initial application review was mad e ; and, WHEREAS , as with other Land Use Pe rmit Applications including , Conditional Use Permi ts , Variances , Enc roachment Perm its and Landscape Site Plans, it is the practice of the City Planner to determine applica t ion completeness and to request additional information tha t may be needed prior to the application being deemed complete and scheduled for a Public Hearing before the Planning and Zoning Commission ; and, WHEREAS , it is in the best interest of the City of Kenai and the Applicant to streamline the process ing of Conditional Use Permits for Surface Extraction of Natural Res o urces by allowing the City Planner to conduct the Condit ional Use Permit application completeness revie w prior to the application being scheduled for a Public Hearing before the Planning and Zoning Commission ; and , WHEREAS , due to Conditional Use Perm its being a Q uasi-J udicial discretiona ry decision, the Plannin g and Zoning Commissio n can reque st that the applicant submit add itional application materials for their review at their next regular meeting and then postpone their decision to review the materials at their next regul a r meeting ; and , WHEREAS , at the meeting of August 9, 2017 the Plannin g an d Zoning Commission recommended that the Council of the City of Kenai this Ordinance . New Text Underlined; [DELETED TEXT BRACKETED] Page 24 of 169 Ordinance No . 2977 -2017 Page 2 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Sect ion 1. Form: That this is a code ordinance. Section 2 . Amendment of Section 14.20.151 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.151 -Application for Conditional Use Permit for Surface Extraction of Natural Resources, is hereby amended as follows : 14.20.151 Application for [C]Conditional [U]Use [P]fermit for [S]§urface [E].5,xtraction of [N]Natural [R]Resources. An application for a [C]Conditional [U]Use [PJ.Eermit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the City Planner [ADMINISTRATIVE OFFICIAL], along with the appropriate fee as set forth in the City's schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: (a) A site plan, drawn to scale , containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten-foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten-foot (1 O') contour intervals ; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation , especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams , lakes, marsh areas, and so forth; (7) Location and nature of other operations, if any, which are proposed to take place on the site . (b) A narrative statement containing the following information: (1) Soi l surveys with reference to the average year-round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation ; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; New Text Un derlined; [DELETED TEXT BRACKETED) Page 25 of 169 Ordinance No. 2977 -2017 Page 3 of 8 (5) Method of fencing or barricading the petition area to prevent casual access; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted ; (9) Plan or program for regarding and shaping the land for future use; (10) Method of backfilling and/or replacing topsoil; ( 11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks , lakes , etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property . Section 3. Amendment of Section 14.20.152 of the Kenai Municipal Code : That Kenai Municipal Code, Section 14.20.152 -Review of Application, is hereby amended as follows: 14.20.152 Review of [A]~pplication for Surface Extraction of Nat ural Resources. The City Planner [ADMINISTRATIVE OFFICIAL SHALL PLACE THE APPLICATION FOR THE CONDITIONAL USE PERMIT ON THE AGENDA OF THE COMMISSION FOR THE FIRST MEETING OF THE COMMISSION FOR WHICH IT IS ELIGIBLE, BASED ON THE DATE OF FILING WITH THE SECRETARY AND THE APPLICABLE RULES OF THE COMMISSION AT THAT TIME. AT THAT MEETING, THE COMMISSION] shall review the application and accompanying information and [SHALL] determine if it meets the requirements of this [C]Chapter. If the requirements have not been met, the City Planner [COMMISSION] shall specify the deficiencies therein and [SHALL] request that a supplement to the application be filed. The City Planner [COMMISSION] may[. IN ITS DISCRETION ,] request additional information pertinent to the particular site to be suppl ied by the applicant. Such additional information shall not be requested unless it can be obtained by the applicant at a reasonable cost. The issue of reasonable cost may be appealed by the applicant directly to the Board of Adjustment before further review of the application by the City Planner [PROCEEDINGS BY THE COMMISSION]. Section 4. Amendment of Section 14.20 .153 of the Kenai Municipal Code: That Kenai Municipal Code , Section 14.20.153 -Public Hearing , is hereby amen d ed as follows : 14.20.153 -Public Hearing for Surface Extr action of Natural Resources. [THE COMMISSION SHALL HOLD A PUBLIC HEARING ON THE APPLICATION AT THE FIRST REGULAR MEETING FOLLOWING THE MEETING AT WHICH THEIR INITIAL REVIEW WAS MADE, IF NO ADDITIONAL INFORMATION IS REQUESTED , OR IF New Text Un der lined; [DELETED TEXT B RA CKETED] Page 26 of 169 Ordinance No . 2977 -2017 Page 4 of 8 ADDITIONAL INFORMATION IS REQUESTED, AT THE FIRST MEETING FOLLOWING A DETERMINATION BY THE COMMISSION THAT THE SUPPLEMENT TO THE APPLICATION CONTAINS THE REQUESTED INFORMATION. THE PUBLIC HEARING AND NOTIFICATION PROCEDURE FOR THIS CONDITIONAL USE PERMIT SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS CHAPTER.] If the application is determined to meet the requirements of this Chapter by the City Planner, a public hearing on the application shall be scheduled in accordance with the requirements of Kenai Municipal Code Section 14.20.280 . In addition to the application, a map showing the approximate location of the proposed surface extraction, and a statement as to the nature of the proposed extraction operation shall be provided to the Commission [INCLUDED]. Section 5. Amendment of Section 14.20.154 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20 .154 -Issuance of Permit, is hereby amended as follows: 14.20.154-Issuance of [P].e_ermit for Surface Extraction of Natural Resources. (a) On the basis of the application with accompanying information, any supplemental information filed , and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met: (1) The application is in substantial compliance with the requirements of this chapter; (2) The boundaries of the proposed excavation at its greatest dimensions, including back slopes , are at least two hundred feet (200 ') from any road or public right-of-way and at least one hundred fifty feet (150 ') from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet (150 ') excavation between sites ; (3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas . If there is not sufficient natural screening , the site plan must provide for artificial screening; ( 4) The site plan provides that back slopes be a minimum of a 2: 1 slope, except for the contiguous working face; (5) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; (6) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; (7) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; (8) The extraction does not destroy the land for the purposes for which it is zoned; (9) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; New Text Unde rlined ; (D ELETED TEXT BRACKETE D] Page 27 of 169 Ordinance No. 2977 -20 17 Page 5 of 8 (10) The applicant is the owner of the subject property. (b) If the Commission determines that all requirements have been met, the Commission shall d irect the City Planner [ADMINISTRATIVE OFFICIAL] to issue a [C]Conditional [U]Use [P]Permit to the applicant. The permit shall be issued for a n indefinite period and shall be subj ect to the provisions of this chapter, and shall so state. (c) The perm it may be expressly conditioned by the Commission upon t he erection of artificial screening . If the permit is so conditioned, the Commission shall specify the type of screen ing to be erected . Such screening shall obscure the entire e xtraction operation from view from any publi c roadway or inhabited area and shall be compatible with the general character of the neighborhood . No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission . (d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter. Section 6. Amendment of Section 14.20 .155 of the Kenai Municipal Code : That Kenai Municipal Code, Section 14.20.155 -Ope rati on , is hereby amended as follows: 14.20.155 Year Review [O PERATION]. The City Planner shall review the operations of the permit holder annually to determine whether such permit holder is in compliance with the provisions of this chapter. The City Planner shall compile a report based on their review and shall submit their report. along with the report of the permit holder as required by this Chapter, to the Commission . [DURING THE PERIOD OF CONDITIONAL USE PERMIT, THE PERMIT HOLDER SHALL COMPLY WITH THE FOLLOWING PROVISIONS: (A) THE PIT SHALL BE OPERATED SUBSTANTIALLY IN ACCORDANCE WITH THE SITE PLAN AND STATEMENTS THAT ACCOMPANIED THE APPLICATION FOR THE CONDITIONAL USE PERM IT , AS SUCH MAY BE AMENDED FROM TIME TO T IME IN ACCORDANCE WITH THIS CHAPTER. (B ) THE PERMIT HOLDER SHALL SUB MI T A YEARL Y REPORT TO THE ADMIN ISTRATIVE OFFICIAL WITHIN THIRTY (30 ) DAYS FOLLOWING THE ANNIVERSARY OF THE ISSUANCE OF THE CONDITIONAL USE PERMIT. SUCH REPORT SHALL SHOW THE AREA WH ICH HAS BEEN CLEARED DURING THE PREVIOUS YEAR , THE CURRENT WORKING AREA AND ANY AREA WHICH HAS BEEN REC LA IM ED OR PARTIALLY RECLAIMED , AND SHALL STATE THE QUANTITY OF MATERIAL WHICH WAS ACTUALLY REMOVED DURING THE PRECEDING WORK YEAR. THE REPORT SHALL ALSO CONTAIN PROJECTIONS OF THE SAME INFORMATION FOR THE NEXT WORK YEAR. (C) NO PART OF THE EXTRACTION OPERATION SHALL BE VISIBLE FROM PUBLIC ROADWAYS OR INHABITED AREAS .] Sect ion 7. Amendment of Section 14.20 .156 of t he Kena i Municipal Code: That Kenai Municipal Code , Sectio n 14.20.156 -Yearl y Review, is hereby amended as follows: New Text Unde rline d ; !DELETED TEXT BRAC KETED] Page 28 of 169 Ordinance No . 2977 -2017 Page 6 of 8 14.20.156 Operation and Revocation [YEARLY REVIEW]. During the period of Conditional Use Permit. the permit holder shall comply with the following provisions: @.} The pit shall be operated substantially in accordance with the site plan and statements that accompanied the application for the conditional use permit. as such may be amended from time to time in accordance with this chapter. f.!21 The permit holder shall submit a yearly report to the City Planner within thirty (30) days following the anniversary of the issuance of the Conditional Use Permit. Such report shall show the area which has been cleared during the previous year. the current working area and any area which has been reclaimed or partially reclaimed, and shall state the quantity of material which was actually removed during the preceding work year. The report shall also contain projections of the same information for the next work year. {Q) No part of the extraction operation shall be visible from public roadways or inhabited areas . .(Ql If the City Planner determines, based on their yearly review or any other investigation undertaken by them . that the conduct of the operation is not in compliance with the provisions of this chapter. they may revoke the permit. They shall not revoke the permit. however. unless and until the permit holder has been notified of the violation and given a reasonable opportunity to correct it. In the event that a pit is unused for a period of three (3) years. the City Planner may revoke the Conditional Use Permit. ~ Appeals from decisions of the City Planner under this section shall be made in accordance with the provisions of this chapter. [THE ADMINISTRATIVE OFFICIAL SHALL REVIEW THE OPERATIONS OF THE PERMIT HOLDER ANNUALLY TO DETERMINE WHETHER SUCH PERMIT HOLDER IS IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER. HE SHALL COMPI LE A REPORT BASED ON HIS REVIEW AND SHALL SUBMIT H IS REPORT, ALONG WITH THE REPORT OF THE PERMIT HOLDER AS REQUIRED BY THIS CHAPTER , TO THE COMMISSION .] Section 8 . Amendment of Section 14.20.157 of the Kenai Municipal Code : That Kenai Municipal Code, Section 14 .20 .157-Termination, is hereby amended as follows : 14.20.157 Amendment or transfer. @.} No Conditional Use Pe rmit issued hereunder shall be t ransferred until the proposed transfe ree has made application for transfer in writing filed with the Ci ty Planner. which application shall state that they intend to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and sta tements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. New Text Under lined ; [DELETED TEXT BRACKETED] Page 29 of 169 Ordinance No . 2977 -2017 Page 7 of 8 .{Q) A permit holder may amend their site plan and statements by filing an application for amendment in writing with the City Planner. The Commission shall approve the application for amendment if the original application would have been approved had it contained the prov is ions of the application for amendment. [14.20.157 TERMINATION. (A) IF THE ADMINISTRATIVE OFFICIAL DETERMINES, BASED ON HIS YEARLY REVIEW OR ANY OTHER INVESTIGATION UNDERTAKEN BY HIM, THAT THE CONDUCT OF THE OPERATION IS NOT IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, HE MAY REVOKE THE PERMIT. HE SHALL NOT REVOKE THE PERMIT , HOWEVER, UNLESS AND UNTIL THE PERMIT HOLDER HAS BEEN NOTIFIED OF THE VIOLATION AND GIVEN A REASONABLE OPPORTUNITY TO CORRECT IT. IN THE EVENT THAT A PIT IS UNUSED FOR A PERIOD OF THREE (3) YEARS, THE ADMINISTRATIVE OFFICIAL MAY REVOKE THE CONDITIONAL USE PERMIT . (B) APPEALS FROM DECISIONS OF THE ADMINISTRATIVE OFFICIAL UNDER THIS SECTION SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.] Section 9 . Deletion of Sectio n 14.20 .158 of the Kenai Municipal Code : That Kenai Municipal Code, Section 14.2 0.158 -Amendment or Transfer, is hereby deleted as follows: [14.20 .157 AMENDMENT OR TRANSFER. ffi} NO CONDITIONAL USE PERMIT ISSUED HEREUNDER SHALL BE TRANSFERRED UNTIL THE PROPOSED TRANSFEREE HAS MADE APPLICATION FOR TRANSFER IN WRITING FILED WITH THE ADMINISTRATIVE OFFICIAL . WHICH APPLICATION SHALL STATE THAT HE INTENDS TO BE BOUND BY THE PLAN AND STATEMENTS CONTAINED IN THE APPLICATION OF THE PERMIT HOLDER OR SHALL CONTAIN THE AMENDMENTS TO THE PLAN HIS PROPOSED OPERATION WOULD MANDATE. THE COMMISSION SHALL APPROVE THE APPLICATION FOR TRANSFER AND IN SO DOING AMEND THE SITE PLAN AND STATEMENTS IF SUCH AMENDMENTS AS ARE CONTAINED IN THE APPLICATION FOR TRANSFER WOULD HAVE BEEN APPROVED HAD THEY BEEN CONTAINED IN THE ORIGINAL APPLICATION . ffil A PERMIT HOLDER MAY AMEND HIS SITE PLAN AND STATEMENTS BY FILING AN APPLICATION FOR AMENDMENT IN WRITING WITH THE ADMINISTRATIVE OFFICIAL. THE COMMISSION SHALL APPROVE THE APPLICATION FOR AMENDMENT IF THE ORIGINA L APPLICATION WOULD HAVE BEEN APPROVED HAD IT CONTAINED THE PROVISIONS OF THE APPLICATION FOR AMENDMENT .] Section 10. 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 perso ns or circumstances. The City Council hereby declares that it would have enacted the rema inder of this ordinance even without such part, provision, or application . New Text Underline d ; [DELETED TEXT BRACKETED] Page 30 of 169 Ordinance No. 2977 -2017 Page 8 of 8 Section 11. Effective Date : That pursuant to KMC 1.15.070(f), this ord inance shall take effect 30 days after adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 161h day of August, 2017. ATTEST: Jamie Heinz, Acting City Clerk BRIAN GABRIEL SR., MAYOR Introduced: August 2 , 2017 Enacted : August 16, 2017 Effective: September 15, 2017 New Text Un derlined; [DELETED TEXT BRA CKETED] Page 31 of 169 TO: THROUGH: FROM: DATE: SUBJECT: 'Vtt!~ «1/t/t, a PaJ't, dt't/ «1/t/t, a h.t«J<-e," 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone : (907) 283-7535 J Fax: (907) 283-3014 www.kenai.city Mayor Brian Gabriel and Kenai City Council Council Member Glendening Matt Kelley, City Planner Al{_ July 26, 2017 Ordinance No. 2977-2017 The purpose of this communication is to provide information to the City Council regarding Ordinance No 2977-2017; which would amend Kenai Municipal Code Sections 14.20.151 - Application for Conditional Use Permit for Surface Extraction of Natural Resources, 14.20.152 - Review of Application, 14.20.153 -Public Hearing, 14.20.154 -Issuance of Permit, 14.20.155 - Operation, 14.20.156 -Yearly Review, 14.20.157 -Termination, 14.20.158 -Amendment or Transfer, to allow the City Planner to determine application completeness and make housekeeping changes. Pursuant to Kenai Municipal Code Section 14.20 .152, a Conditional Use Permit Application for the Surface Extraction of Natural Resources requires the Planning and Zoning Commission to conduct a completeness review of the application and supplemental materials, prior to scheduling it for a Public Hearing . In the past, when conducting a completeness review, the Planning and Zoning Commission is limited to reviewing only the application and supplemental materials and therefore would have to wait to discuss the full project at the next meeting . Pursuant to Kenai Municipal Code Section 14.20.153 -Public Hearing the application is then scheduled for the first regular meeting following the meeting at which the initial application review was made. As is done with other Land Use Permit Applications including Conditional Use Permits, Variances, Encroachment Permits and Landscape Site Plans, it is the practice of the City Planner to determine application completeness and to request additional information that may be needed prior to the application being deemed complete and scheduled for a Public Hearing before the Planning and Zoning Commission. The proposed ordinance would streamline the processing of Conditional Use Permits for Surface Extraction of Natural Resources by requiring that the City Planner conduct the application completeness review prior to the application being scheduled for a Public Hearing before the Planning and Zoning Commission. This would reduce the number of meetings needed for the consideration of a Conditional Use Permit for the Surface Extraction of Natural Resources from two to one. The proposed ordinance would not eliminate the ability of the Planning and Zoning Commission to ask for additional or revised application materials from the applicant and postpone their decision until the next meeting to allow the materials to be submitted and reviewed by the City Planner and the Commission . Thank you for your consideration. Page 32 of 169 TO : THROUGH: FROM: DATE: SUBJECT: 'Vtfl~ «1/ti a PaJ'~ dt'tj «1/ti a Fat~ 11 210 FidalgoAve, Kenai , Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city Mayor Brian Gabriel and Kena i City Council Paul Ostrander, City Manager 7 , D . Matt Kelley, City Planner ~,( August 10, 2017 Ordinance No. 2977-2017 The purpose of this communication is to provide additional information to the City Council regarding - Ordinance No. 2977-2017 . The Ordinance would amend Kenai Municipal Code Sections 14.20.151 - Application for Conditional Use Permit for Surface Extraction of Natural Resources , 14.20.152 -Review of Application , 14.20 .153 -Public Hearing , 14.20 .154 -Issuance of Permit, 14.20 .155 -Operation , 14 .20 .156 -Yearl y Review, 14.20 .157 -Termination , 14.20.158 -Amendment or Transfer, to allow the City Planner to determine application completeness and make hou sekeeping changes . At their regular meeting of August 9, 2017, the Planning and Zoning Commission voted to recommend Resolution No. PZ17-26; a Resolution of the Plannin g and Zoning Commission recommending Ordinance No . 2977-2017 . The Planning and Zoning Commission also recommended an amendment to the subject Ordinance which would amend Section 14.20.154(a) by adding 14.20 .154(a)(11 ) and w ould read : "Cle aring limits shall be delineated on the site plan a s well as clearly visible onsite and shall be in spected by the City Planner prior to the application being deemed complete ." In reviewing the proposed amendment and the proposed Ordinan ce as it is written , the Ordinance seeks to revise the process by wh ich Surface Extraction Cond itional Use Permits are review ed for completeness . Therefore, with respect to the proposed amendment from the Planning and Zoning Commission , Staff recommends that a more comprehensive amendment ordinance be brought back to the City Council for consideration in the future. Under a future more comprehensive ordinance , Staff wou ld review all of the items that are required to be submitted by the applicant for a Condition al Use Perm it , as well as a re view of the requ irement for demonstrating clearing l imits . Sh o uld the City Council wish to amend the Ordinance to incorporate the proposed amendment suggested by the Planning and Zoning Commission , Staff recommends that the Ordinance be postponed to th e meeting of September 6, 20 17 and that a s ubstitute Ordinance be brought back for a Public Hearing . Therefore , staff recommends an amendment to Ordinance No . 2977-2017 by amend ing the seventh WHEREAS t o read : WHEREAS , at the meeting of August 9 , 2017 the Planning and Zoning Commission recommended that the Council of the Cit y of Kenai enact th is Ord inance. Staff therefore further recommends that the following WHEREAS clauses be added to Ordinance No. 2977-2017 : Page 33 of 169 Page 2 of 2 Ordinance No. 2977-2017 Memorandum WHEREAS the Planning and Zoning Commission recommended a further amendment wh ich states: Clearing limits shall be delineated on the site plan as well as clearly visibl e onsite and shall be inspected by the City Planner prior to the application being deemed complete; and , WHEREAS Administration recommends that, a more comprehensive amendment Ord ina nce be brought back to the City Council for review in the future to include a review for the requirement for demonstrating clearing limits. Thank you for your consideration. Page 34 of 169 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ17-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING AN ORDINANCE TO THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.151 -APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES, 14.20.152 -REVIEW OF APPLICATION, 14.20.153 -PUBLIC HEARING, 14.20.154 -ISSUANCE OF PERMIT, 14.20.155 -OPERATION , 14.20.156 -YEARLY REVIEW , 14.20.157 -TERMINATION, 14.20 .158 -AMENDMENT OR TRANSFER, TO ALLOW THE CITY PLANNER TO DETERMINE APPLICATION COMPLETENESS AND MAKING OTHER HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Section 14.20 .152 -Review of Application, presently requires that a Conditional Use Permit application for Surface Extraction of Natural Resources be placed on the agenda of the Planning and Zoning Commission to conduct a completeness review prior to scheduling it for a Public Hearing; and, WHEREAS, at the completeness review, the Planning and Zoning Commission can only review the application for completeness and can therefore on ly discuss the appl ication and accompanying information ; and, WHEREAS, after the completeness review is completed by the Planning and Zoning Commission , pursuant to Kenai Municipal Code Section 14.20 .153 -Public Hearing , the application is then scheduled for the first regular meeting following the meeting at wh ich the initial application review was made ; and, WHEREAS, as with other Land Use Permit Applications including, Conditional Use Permits, Variances , Encroachment Permits and Landscape Site Plans , it is the practice of the City Planner to determine application completeness and to request additional information that may be needed prior to the application being deemed complete and scheduled for a Publ ic Hearing before the Planning and Zoning Commission ; and , WHEREAS , it is in the best interest of the City of Kenai and the Appli can t to stream line t he processing of Conditional Use Permits for Surface Extraction of Natural Resources by allo wi ng the City Planner to conduct the Conditional Use Permit application completeness review prior to the application being scheduled for a Public Hearing before the Plann ing and Zon ing Commission; and, WHEREAS, due to Conditional Use Permits being a Quasi-Judicial discretionary decision , the Planning and Zoning Commission can request that the applicant subm it add itional app li cation materials for their review at their next regular meeting and then postpone their decision to review the materials at their next regular meeting; and , Page 35 of 169 Resolution No. PZ17-26 Page 2 of 2 NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA , THAT AN ORDINANCE BE ENACTED TO AMENDED KENAI MU NI CIPAL CODE SECTIONS 14.20 .151 -APPLICATION FOR CONDITIONAL USE PER MIT FOR SURFACE EXTRA CTION OF NATURAL RESOURCES, 14.20.152 -REVIEW OF APPLICAT ION , 14 .20.153 -PUBLIC HEARING, 14.20 .154 -ISSUANCE OF PERMIT, 14.20 .155 - OPERATION , 14.20.156 -YEARLY REVIEW, 14 .20.157 -TERMINATION , 14.20.158 - AMENDMENT OR TRANSFER, TO ALLOW THE CITY PLANNER TO DETERMINE APPLICATION COMPLETENESS AND MAKING OTHER HOUSEKEEPING CHANGES . PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA , this gth day of August , 2017 . ATTEST : New Text Underlined; IDELETED TEXT BRACKETED] Page 36 of 169 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2978-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, INCREASING CONGREGATE HOUSING FUND ESTIMATED REVENUES AND APPROPRIATIONS TO PROVIDE REPAIR AND MAINTENANCE FUNDS THAT WERE INADVERTENTLY OMITTED FROM THE FUNDS FY2018 BUDGET. WHEREAS , the adopted Repair and Maintenance account amount in the FY2018 Budget for the Congregate Housing Funds was $350 which mistakenly omitted $48 ,200 in needed funds; and, WHEREAS , Repair and Maintenance funds are utilized for the purchase of repair and maintenance services at the facility including but not limited to plumbing and electrical repairs , apartment move-outs and painting when needed, carpet cleaning or replacement, drapery replacement, seasonal maintenance, i.e. outside window and gutter cleaning, seasonal maintenance of sprinklers, maintenance of AEDS, monitoring fire alarms, and inspections ; and , WHEREAS, providing sufficient funds for maintenance of the facility is in the best interest of the residents of Vintage Pointe Manor and the City. NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA , as follows: Section 1. Form: That this is a non-code ordinance . Section 2. That estimated revenues and appropriations be increased as follows : Congregate Housing Fund Increase Estimated Revenues - Appropriation of Retained Earnings Increase Appropriations: Repair & Maintenance $48 ,2 00 $48.200 Section 3. Severability: That if any part or pro vision 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 1.15.0?0(f), this ordinance shall take effect upon adoption . New Text Underlined: [DE LE TED TEXT BRACKE TE D] Page 37 of 169 Ordinance No . 2978-2017 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 161 h day of August, 2017. ATTEST: Jamie Heinz , Acting City Clerk Approved by Finance BRIAN GABRIEL SR., MAYOR Introduced : August 2, 2017 Enacted: August 16, 2017 Effective : August 16, 2017 New Text Underlined; !DELETED TEXT BRACKETED ] Page 38 of 169 'Vt tf~ tt1/t~ a PaJ't, Ct'tf tt11't~ a h.tu.r-e 11 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM : DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Os t rander, City Manager '\?O- Rachael S. Craig July 26, 20 17 Appropriation of Vintage Pointe funds for Repair and Maintenance This memo is in support of appropriating funds for the repair and maintenance budget for Vintage Pointe Manor. During the preparation for the budget , I included items in my draft budget for repair and maintenance. However, the budget I submitted to finance did not include these amounts. Repa ir and maintenance funds in the amoun t of $48,550 are needed to operate and maintain the facility in FY21018. $350 was included in the adopted FY2018 budget necess itating the need for a supplemental appropriation in the amount of $48 ,200 for the remaining funds . The repair and maintenance services reflect repairs and maintenance above the on-site manger's capabilities when a vendor needs to be called to do major repa irs , i.e. plumbing and electrical repairs, apartment move-outs and painting when needed , carpet cleaning or replacement, drapery replacement , seasonal main te nance , i.e. outside window and gutter cleaning, seasonal maintenance of sprinklers, maintenance of AEDS , monitoring fire alarms, and inspections. Please support the ordinance to appropriate repair and maintenance funds for Vintage Pointe Manor's budget 2017-2018. Page 39 of 169 Sponsored by : Administration CITY OF KENAI RESOLUTION NO. 2017-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AUTHORIZING A BUDGET TRANSFER IN THE GENERAL FUND FOR THE PURCHASE OF NEOGOV APPLICANT TRACKING SOFTWARE LICENSING AND A ONE-TIME SETUP AND USER TRAINING FEE. WHEREAS, the City of Kenai does not currently offer a way for job applicants to apply online , requ iring applicants to complete a City of Kenai Application form and submit it to the Peninsula Job Center; and, WHEREAS , recruitment software allows for job postings to reach a greater audience , provides a better experience for applicants, allows for a more automated and standardized recruitment process , and will reduce the demand on staff resources for recruitment ; and , WHEREAS, NeoGov is the best overall recruitment solution to meet the City's needs ; and, WHEREAS , recruitment software was not incl uded in the FY18 budget and requires a transfer within the General Fund from Non-Departmental General Contingency to Computer Software. NOW , THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That the following budget transfer is authorized: General Fund From : To: Non-Departmental - General Contingency Non-Departmental - Computer Software $10,973 $ 10,973 Section 2. enactment. That pursuant to KMC 1.15 .0BO(b) this Resolution shall take effect upon PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 15th day of August, 2017 . BRIAN GABRIEL SR., MAYOR Page 40 of 169 Resolut io n No . 2 01 7 -5 4 P age 2 o f 2 ATTEST: Jamie Heinz, Acting City Clerk Approved by Finance 1~ Page 41 of 169 "Vt1/~e with a Past City with a Future" 210 Fidalgo Avenue , Kenai , Alaska 99611-7794 Telephone: 907-283-7535 I Fa x : 907-283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manage~O · Christine Cunningham, Assistant to City Manager/ HRj!t4/ August 8, 2017 Resolution 2017-54 -Purchase of NeoGov Recruitment Software The purpose of this memo is to provide support for Resolution No. 2017-54, authorizing a budget transfer for the purchase of recruitment software and training from NeoGov. The City currently employs 114 permanent full and part time employees as well as an annual average of 30 temporary employees for seasonal work . Over the past three years in which metrics are available , there is a decreasing number of applicants for each vacancy advertised. At this time, the City does not offer a way for applicants to apply online, and requires applicants to complete an application form and submit it to the Peninsula Job Center. This process makes it d ifficult to apply for City jobs as compared to employers that allow applicants to easily apply on line from job boards or using a mobile device . Departments submit internal memos for approval to recruit, schedule interviews over the phone , and mail individual letters to applicants , which creates a lengthy hiring process and increased cost per hire . Recruitment software allows for job postings to reach a greater audience, provides a better experience for applicants , and allows for a more automated and standardized recruitment process, including less data entry, automated responses, and standardized forms and letters . A number of hiring and applicant tracking systems were reviewed, and demonstrations and proposals were obtained for software options including NeoGov, Applicant Pro, and Jobvite . Additionally , recruitment options through Caselle , the City's Accounting software , and Laserfiche, the City 's document management system , were explored. The State of Alaska and the Kenai Peninsula Borough both utilize NeoGov and recommend it. Additionally , Kenai applicants are more likely to be fam iliar with NeoGov, and it appears to be the best overall solution as it is designed specifically for the public sector. An analysis of all potential solutions was not completed in advance of the deadline to submit for inclusion in the FY18 Budget, and recruitment software was not included as a budgeted expense . Page 42 of 169 lhuifJc(, KENAI, ALASKA V" Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2017-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AWARDING A THREE YEAR CONTRACT FOR TELECOMMUNICATIONS SERVICES TO ALASKA COMMUNICATIONS. WHEREAS, the following quotes for monthly telecommunication service was provided by Alaska Communications and General Communications Inc ., Service Alaska General Communications Communications Inc. Metro Ethernet $2 ,034.00 $7,043 .00 Internet $380.00 $3,260.00 PRI with 200 DID blocks $864 .00 $697.85 Total $3,278.00 $11,000.85 ; and, WHEREAS , Alaska Communications submitted the lowest responsive quote; and , WHEREAS, award of the contract for telecommunications services to Alaska Communication s would be in the best interest of the city; and , WHEREAS, the recommendation from City Administration is to si g n a three year contract for telecommunications services with Alaska Communications; and, WHEREAS , e xecuting a contract with Alaska Communi cations doesn't obligate the City to a specific monthly cost; and, WHEREAS , ex ecuting a contract with Alaska Communications will only pre vent the City from purchasing the same services from another vendor for the term of the contract; and , NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Secti on 1. Section 2. That the City Manager is authorized to e xecute a contract for telecommunications services to Alaska Communications for a period of three years . That th is resolution takes effect immediately upon passage. Page 43 of 169 Resolution No. 2017-55 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, th is 16th day of August, 2017. ATTEST: Jamie Heinz, Acting City Clerk Approved by Finance AL BRIAN GABRIEL SR., MAYOR Page 44 of 169 'Vtff~e «1/t/i a Pa~~ tt'tj «1/t/i a f"atar-e 11 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager \7. o . Terry Eubank, Finance Director 1 /. Dan Castimore, IT Manager August 9, 2017 Telecommunications Contract The City of Kenai currently uses Alaska Communications for telephone, internet, and wide area network services. The previous three year contract expired on July 15 ', 2017. I recommend that the City sign a new three year contract with Alaska Communications. By signing a three year contract, the City will receive lower rates and more flexible terms when changing service levels . Alternative pricing was provided by General Communications Inc. (GCI). The pricing from GCI was substantially higher than Alaska Communications. Competitive pricing was requested from General Communications Inc . (GC I). The prices listed below are only a partial list of all of the telecommunication services we use, however these are the most substantial items making up the bulk of the costs. To provide comparison for the remaining items would be difficult, as GCI does not offer equivalent services for all of our requirements such as leased telephone lines. Service Alaska Communications GCI Metro Ethernet $2 ,034 $7,043 Internet $380 $3,260 PRI w 200 DID $864 $697 .85 Total $3,278 $11,000 .85 Page 45 of 169 Page 2 of 2 Subject: Telecommunications Contract By entering into a new three-year contract, the city will no longer pay early termination fees on any of the services that were active at the time of signing . This will allow the city more flexibility in future years as we make changes to existing services. Another benefit of signing a three-year agreement is that the city will receive discounted and fixed rates for most of our services for the term of the contract. Dan Castimore IT Manager Page 46 of 169 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2017-56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AN FY2017 BUDGET TRANSFER IN THE SENIOR CITIZEN FUND FOR PERSONNEL COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the Senior Center has five full-time personnel and seven part-time personnel; and, WHEREAS, in the month of July, 2016, part-time and full-time personnel were needed to provide 24/7 fire patrol while the Vintage Pointe fire panel was being replaced; and , WHEREAS, in December 2016 and January 2017, part-time personnel provided leave coverage for one full-time staff member while on medical leave and another full-time staff member was on vacation; and, WHEREAS , in addition to these unforeseen circumstances, additional hours were worked due to an absence of controls in place to avoid exceeding the personnel budget. Policies have now been put in place to limit additional work hours in the future . WHEREAS, due to these circumstances, FY2017 personnel costs were e xceeded ; and, WHEREAS, unencumbered funds are available from other accounts to cov er additiona l staff hours in t he FY 2017 budget. NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That the following budget transfer is authorized: Senior Citizen Fund From : To : Access - Transportation Pri nting & Binding Repair & Maintenance Congregate Meals - Operating & Repair Supplies Repair & Maintenance Supplies Home Meals- Repair & Maintenance Supplies Choice Waiver - Repair & Maintenance Supplies $ 1,500 1 ,500 1,000 8,500 4 ,000 4 ,000 4 ,670 $25,170 Page 47 of 169 Resolution No . 2017-17 Page 2 of 2 Access - Overtime PERS Congregate Meals - Salaries Overtime PERS Home Meals- Salaries Overtime PERS Transportation - Salaries PERS Choice Waiver - Salaries Overtime PERS $ 335 2 ,000 3,450 560 3,400 2,490 420 2,500 1,700 600 3,605 610 3,500 $25. 170 Section 2. That pursuant to KMC 1.15.080(b) this Resolution shall take effect upon enactment. Section 3. This Resolution shall be applied to the FY2017 Budget . PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, th is 161h da y of August, 2017 . ATTEST : Jamie Heinz, Acting City Clerk Approved by Finance -/ ~ BRIAN GABRIEL SR., MAYOR Page 48 of 169 'Vjfl~ «1/tk, a Pa¥~ &if «1/ti a Fatwce 11 210 FidalgoAve, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEM ORA NDU M TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager '? O ... Kathy Romain, Senior Center Acting Director rJ-V 08/09/2017 Budget Transfer for Personnel Costs FY17 This memo is in reference to Resolution No. 2017-56, requesting a transfer of $25, 170 of unencumbered funds to cover personnel costs which were exceeded during FY2017. In July of 2016, the Vintage Pointe fire panel went down and the Fire Marshall ordered a 24/7 fire watch in the building until it was replaced. The Senior Center Director was directed to provide the 24/7 fire watch with Senior Center personnel. As a result, full-time and part-time staff were used to provide the coverage for approximately two weeks. In September and October of 2016, the Administrative Assistant was out of town for a family emergency and bereavement leave. The part-time Data Entry Clerk filled in extra hours to assist the Director. In December 2016 and January 2017, the full-time Cook was out on medical leave and one of the part-time staff members, a Meals Driver, filled in for the position . As a result, the second Meals Driver covered both meal routes and additional work hours were needed for that driver. In addition to these unforeseen circumstances, additional hours were worked due to an absence of controls in place to avoid exceeding the personnel budget. Policies have now been put in place to limit additional work hours in the future. Due to these circumstances, a budget transfer is required to cover exceeded personnel staffing. Thank you for your consideration in this matter. Page 49 of 169 thedtyo(, KENAI, ALAS KA ~ CITY OF KENAI RESOLUTION NO. 2017-57 Sponsored by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, CONSENTING TO A RENEWAL OF LEASE OF CERTAIN AIRPORT LANDS WITHIN THE AIRPORT RESERVE BETWEEN THE CITY OF KENAI , LESSOR , AND SOAR INTERNATIONAL MINISTRIES, INC ., LESSEE , ON PROPERTY DESCRIBED AS LOT 2, BLOCK 3, GENERAL AVIATION APRON NUMBER ONE. WHEREAS, on November 2, 2004, the City entered into a Lease of Airport Lands with SOAR INTERNATIONAL MINISTRIES, INC. and RICHARD PAGE , Individually, Lessee, for City-owned lands described as follows : Lot 2, Block 3, General Aviation Apron No. 1, according to the amended Plat thereof, filed under Plat No. 2004-20, Records of the Kenai Recording District, Third Judicial District, State of Alaska; and , WHEREAS , the term of the orig inal Lease was 13 years , and expired on June 30 , 2017; and WHEREAS , on June 21 , 2017, the Lessee, SOAR INTERNATIONAL MINISTRIES , INC. submitted an appli c ation to renew the Lease ; and , WHEREAS , the Lessee 's application does not include a proposal to construct new impro vements on the premises , or a proposal to add, delete, or alter a business authorized under said Lease , the ma ximum lease term provided under Kenai Municipal Code 21 .10.090(d )(1) is five years; an d , WHEREAS , on August 9, 2017 , the Planning and Zoning Commission recommended a pproval of the Lease renewal ; and WHEREAS , on August 10, 2017, the Airport Commission recommended ______ of the Lease rene wal. NOW , THEREFORE , BE IT RESOL VED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA : Section 1. That a Lease of Airport Reserve Land s be executed by the CITY OF KENAI , Lessor, and SOAR INTERNATIONAL MINISTRIES, INC . Lessee , on certa in Ai rport Lands described as Lot 2, Block 3, General Aviation Apron No. 1. Furt her, the City Manager is authorized to execute said Le a se of Airport Reserve La nds on behalf of the City. Section 2. That this resolution takes effect immediately upon passage . Page 50 of 169 Resolution No . 2017-57 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA , this 16th day of August , 2017 . BRIAN GABRIEL SR., MAYOR ATTEST : Jamie Heinz, Acting City Clerk Page 51 of 169 1V/tf~ t<J/th, a Pa.r~ Ct'tj t<J/th, a rat~ 11 210 Fidalgo Ave , Kenai, Alaska 99611 -7794 Telephone : (907) 283-7535 I Fax : (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and City Council Paul Ostrander, City Manager 7, O ~ Matthew Kelley, City Planner /f-/L Augusta, 2017 Lease Renewal -Lot 2 , Block 3 , General Aviation Apron No. 1 The purpose of this communication is to provide information to the C ity Council regarding the Lease Renewal of Lot 2, Block 3, General Aviation Apron No. 1 . SOAR Internati ona l Ministries, In c ., currently leases the above-described property located inside the Airport Reserve for "aircraft storage and maintenance". The initial term of the lease was for 13 yea rs and expired on June 30 , 2017. Richard Page, President of SOAR International Ministries, applied to renew the lease for a period of 55 years on June 21 , 2017. KMC 21.10.090(c) outlines the maximum lease term requiremen ts based on total investment. The applicant has requested to renew the term of lease for 55-years with no additional investment. The applicant has indicated that they do not wish to make any additional in v estment into the subject parcel ; therefore, the lease renewal can only be for a period of 5-years. The application has been reviewed by the Airport Manager for conformance wi th the Ai r port Land Use Plan , Airport La yout Plan , Airport Master Plan, FAA regulations, AIP grant assura nces, and airport operations. The Airport Manager re commended entering into a new lease agreement for a maximum term of five years . The application has been reviewed by the City Planner for conformance with the Airport Land Use Plan, municipal zoning , and the Comprehensive Plan . The C ity Planner found that the continued use of the subject parcel as an aircraft hangar is consistent w ith the A irport Light Industrial Comprehensive Plan Land Use designation and the A irport Light Industrial Zone . The Plann ing & Zoning Commission recommended approval of the Lease renew al at their meeting on August 9 , 2017. The Airport Commission will review the lease application at their meeting scheduled for Thursday, August 101h. City Council will be advised of their recommendation at the City Council meeting on August 16, 2017. Page 52 of 169 Memorandum to City Council Lease of Airport Lands -SOAR International Ministries, Inc. Lot 2 , Block 3, General Aviation Apron No. 1 It is my recommendation that the Ke nai City Council , pass Resolution 2017 -5 7 authorizing execution of the Lease of Airport Reserve Lands by the CITY OF KENAI, Lessor, and SOAR IN TERNATIONAL MINISTRIES, INC., Lessee , on certain Airport Lands described as Lot 2, Block 3, General Aviation Apron No . 1. Thank you for your consideration . Page 53 of 169 FOR CITY USE ONLY Date -------CITY OF KENAI · Signature------ 210 Fidalgo A venue, Kenai, Alaska 99611 -7794 (907) 283-7535 Ext. 223 LEASE APPLICATION For Land Inside the Kenai Municipal Airport Rese e RECEI VED CITY OF KENAI JUN 2 I 2017 1. Name of Applicant 1?1 CH A-&.D °PAe:i-e PLANNING DE~RTMENT 2. Business Name SOAR \ "JTEJ?-NfD]cNAL M1N15TY?1E~ 3. Business Type (circle one) so le proprietor partnership~L.L.C. 4 . AK Business License No .. ____ _ 5.MailingAddress \3S: C:S-AA~ITE Pt:)\N=( C...OUR._.J:, !<ENA),. ALAsl:;f\ 9~611 6. Telephone '101-2.83-(')'"'I 7. Email Address R.1cttAi212~ <$) 5QAl2..INT~ATlpNl\L ,0 ~ 8. Kenai Peninsula Borough Sales Tax No. (if applicable) 0 O <:::>, .S-9 'E \I 9. Land Requested : If platted, give legal description LOT '2..-, 8~ 3 ~ frVIA-JTllN lf®N Jkb:i¥.'prt.JG-In~ ND. 73-(,.~ If not platted, attach a site plan showing the proposed dimensions and location on the Airport. 10. Proposed Use of the Property (Be specific) CON1]k)Qe C<.Jf."'2.~NT VSe -A\l2cgA-:Pf :s-rc:::if2,.Ac::,.e AflJ.l) <>tA11,rret-.i.ANce /hJf) fa.lff'ct STQ~ 11. Lease Term Desired 5 S-years 12. If you plan to base or service aircraft on the property, give a . Make, type, & wingspan of the largest aircraft fl Pe@.. NA\JA.Jo f'A -3 \ b. Total number of aircraft you expect to b e based or serviced on the property at one time 13. If you plan to construct improvements or otherwise develop the property: a. Attach a Development Plan (see attached checklist) b. Describe the building type, construction materials, size, etc .. _______________ _ c.:. Construction beginning date-------- d. Construction completion date (maximum of two years) ______ _ e. Estimated total cost of the proposed development & improvements $ ___________ _ 14. If you plan to operate a business on the property, attach a business plan (See application instructions). 15 . If you would like the City to consider any additional infonnation relating to your proposal , please put it in writing and submit it with this application. So/\'2-Wc.0LD L\ \<E It::> Rs;;::"New/ CONTI rJ VE. o~R. Cv R"f2-eNI Le:-A~€ . APPLICANT'S SIGNATURE: ~ci~-....!...!2_~~·~-.------· Date: o'-fts;/.zoa_ T . 1 I fj Printed name: --~l±Af<D L. ffi\....£ ___ it e: {'t?es 1 aeisn: D 1Rlf0-V~ APPLICANT'S SIGNATURE:----·--------- Printed name:------------ PA I D · JUN 2 S 2017' Title: I Date: --- Page 54 of 169 (t) 2 Lot 2, Block 3 GAA SUBD. NO. 1 . _tkeify•/, . KENAl"'lASKA v N W+E s 100' 1 inch equals 104 feet The information depicted here on is for graphic representation only of the best av ailable sources . The City of Ken ai assumes no responsibil ity for errors on thi s map . Date: 8/9/2017 Page 55 of 169 KENAI MUNICIPAL AIRPORT LEASE OF AIRPORT RESERVE LANDS THIS LEASE AGREEMENT entered into this day of , 2017, by and between the CITY OF KENAI, ("City") 210 Fidalgo A venue, Kenai, Alaska 99611-7794, and SOAR INTERNATIONAL MINISTRIES, INC. whose address is 135 Granite Point Court, Kenai, AK 99611 ("Lessee"). 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 del egated 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 Counci l has delegated the responsibility of managing and directing all activities of the City. 5. Contamination -the unpermitted pr esence of any released Hazardou s Substance. 6. Enviromnental Law -any applicable federal , state, or local statute, law, regulation, ordinance, code, pennit, order, decision, judgment of any governmental entity relating to environmental matters, including littering and dumping. 7. FAA -the abbreviati on for the Federal A via ti on Administration. 8 . Hazardous Substance -any substance that is defined under an En v ironmental Law as Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2 , Block 3, General Aviation Apron No. 1 Page 1 of34 Page 56 of 169 hazardous waste, Hazardous Substance, hazardou s material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil. 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 wel l. 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 Di strict, Third Judicial District, State of Alaska and located on the Airport; to wit: Lot 2, Block 3, General Aviation Apron No. 1, according to the amended Plat thereof, filed under Plat No . 2004-20, recorded in the Kenai Recording District, Third Judicial Di strict, State of Alaska. 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, su rvey, soil s, wetlands, access, and suitabi lit y or profitability for any use including those authorized by thi s Lease, its environmental condition, or the presence or absence of Haza rdous 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, tenns, and conditions affecting the City's title to the Premises. A. AUTHORIZED USES: ARTICLE II RIGHTS AND USES 1. USE OF PREMISES: The City auth01izes the Lessee to use the Premises for the following purposes only: Aircraft Storage and Maintenance. 2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing, the Lessee wi ll 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 tenn of this Lease. The Lessee will give Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 2 of34 Page 57 of 169 the City written notice before closing the Lessee's business on the Premises for more than ten consecutive days. The notice must state the reason for the closure and the date on which the Lessee will re-open for business. This provision does not apply to any period during which the Lessee is unable to operate its business as a result of an act or directive of the City, or as a result of a closure of the Airport or loss of the Lessee's buildings on the Premises due to fire or natural disaster or order of public authority. B. RIGHTS RESERVED TO THE CITY: I. RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others any rights and privileges not specifically granted to the Lessee on an exclusive basis. The rights and privileges granted to the Lessee in this Lease are the only rights and privileges granted to the Lessee by this Lease. 2. EASEMENTS: The City reserves the right to make grants to third parties or reserve to the City easements or rights of way through, on, or above the Premises. The City will not grant or reserve any easement or right of way that unreasonably interferes with the Lessee's authorized uses of the Premises. 3. INGRESS , EGRESS AND INSPECTION: The City reserves the right of ingress to and egress from the Premises and the right to enter any part of the Premises, including buildings, for the purpose of inspection or environmental testing at any time. Except in the case of an emergency, all inspections and enviromnental testing will be coordinated with the Les see 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: 1 . Any use of the Premises other than those authorized in this Lease. 2. Any use of the Premises that is in v iolation of a City Ordinance or an Airport regulation. Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2 , Block 3, General Aviation Apron No. 1 Page 3of34 Page 58 of 169 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 pem1it under KMC 14.20. 4 . The disposal on the Premises or the Airport of waste materials generated by the Lessee, including any Hazardous Substance, slash, overburden, and construction waste. 5. The stripping, wasting, or removing any natural material from the Premises without the prior written approval of the City. 6. Erecting structures or allowing growth of natural objects that would constitute an obstruction to air navigation, or allowing any activity on the Premises that would interfere with or be a hazard to the flight of aircraft, or interfere with air navigation or communication facilities, serving the Airport. 7 . Any use or activity that is prohibited by applicable law or regulation. ARTICLE III TERM & HOLDOVER A. TERM: The tenn of this Lease i s for five years , from Jul y 1, 2017 to June 30, 2022. 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 tenn of this Lease, but only creates a month-to-month tenancy, regardle ss of any rent payments accepted by the City. The Lessee's obligations for perfonnance under this Lease wi ll continue during the month-to-month tenancy. The City or Lessee may te1minate the Lessee's holdover with ten days' advance written notice. ARTICLE IV RENTS AND FEES A. RENT: The rent fo r the Premises is $7, 103 .34 per year, as established by the City pursuant K.MC 21.10.100 and as s ubject 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 b y this Lease must be ma de in U.S . dollars. If the annual rent exceeds $2,400.00, 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 Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 4of34 Page 59 of 169 monthly shall result in the City receiving less rent than it would have received had the conversion not taken place. B. RENT PR ORA TED: Rental for any period less than one 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 a ll 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. All taxes and assessments levied in the future by the City, as if Lessee was the legal owner of record of the Premises . 3. 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 A venue, Kenai , Alaska 99611-7794 or any other address the City may designate in writing to the Lessee. E. INTEREST: Beginning the day after payment i s due, all unpaid rents, charges, and fees required under thi s 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 d ispute i s resolved in the Lessee's favor. F. LATE PAYMENT PENALTY: In addition to any interest payable under Provi sion (E) of this Article, each time the Lessee fai l s 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 10 percent of the amount due and unpaid . G. COURTESY BILLINGS: Lessee acknowledges that a n y billing statement is sued 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, tern1ination , 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 reaso nable actual expenses, costs, and attorney fees City may incur, with or without fonnal action , to enforce, defend, or protect Lea se Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 5of34 Page 60 of 169 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 obl igated 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: In years ending in zero and five, rent adjustments will be made. The first rent adjustment shall be made in 2020. 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. J 0.160. Any rent change by the City shall be based on the fair market value of: 1. The Premises in its conditi on on the term beginning date stated in Articl e III or in the case of a l ease renewal or extension, the beginnin g date for the original l ease; plus 2. any improvements made by the City subsequent to that date, the cost of which is not reimbursed by th e 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 ren t 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 es tabli shing the rent under (A) of thi s Article, if the Lessee, as a condition of this Lease, reimburses the City fo r the City's construction costs pursuant to KMC 21.10.110. ARTICLE VI ASSIGNMENT & SUBLETTING A. INVALID WITHOUT CITY'S CONSENT: The Lessee m ay not assign , sublet, or grant a secu rity interest in, by grant or implication, the whole or any part of thi s Lease, the Premises, or any impro vement on the Premises wi thout 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 , notari zed signature of all parties . The Lessee may subm it unsigned DRAFT document s for the C ity'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 Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. I Page 6of34 Page 61 of 169 security interest. All prov isions in thi s Lease extend to and bind the assignees and sub -lessees of the Lessee. B. NO WAIVER OF CONSENT: The City's consent to one assignment, sublease, or security interes t w ill not waive the requirement for the Lesse e to obtain the C ity's con sent to any other assignment, sublease, or security interest. C. ASSIGNEE I LESSEE OBLIGATIONS: An assignment must include a provision statin g that th e Assignee accepts responsibility for all of the Assignor's (Lessee's) obligations under this Lease, including e nvironmental liability and responsibility. However, unless the City sp ecificall y releases the Lessee in writing, the City m ay h o ld th e Lessee responsibl e for performing any obligation under thi s Lease, which an Assignee fails to perform. D. OCCUPANCY BEFORE CITY CONSENT: An Ass ignee o r Sub-Lessee may not occu py the Premi ses before the C ity con sents to th e ass ignment or sublease in writing. E. CONFLICT OF PROVISIONS: In the event of a confl ict between thi s Lea se and an assignment or a subl ease, the term s of thi s Lease control. F. LESSEE NOT R ELI EVED OF OBLIGATIONS: T he City's consent to any subl ease does not reli eve or otherwise alter the Lessee 's obligations und er th is Lease. G. SECURITY ASSIGNMENTS AND FIN ANCING: 1. Subject to the req uirem ents of (A) of thi s Article VI, th e Lessee may assign a securi ty interest in thi s Lease. The securi t y interest may be in the form of a mortgage, deed of trust, assignment or oth er appropriate instrument, provided: a. the security interest pertains only to the Lessee's l easehold interest; b. the security interest does not pertain to or create any interest in City's title to th e Premises; and c. the docum ents providing for the securi ty interest are acceptable to the Ci ty. 2. If the assignment of a securit y interest to which the City has consented sha ll be held by an establi shed lending or fina nc i al institution, including a bank, an establish ed insurance company and qualified pension or profit sharing tru st, and the lending institution acqui res the Lessee's interest in this Lease as a resu lt of a foreclosure action or o th er remedy of the secured party, or through any transfer in lieu of foreclosure, o r through settl eme nt of or ari sing out of any pending or contemplated foreclosure action , th e l ending institution may transfer its interest in this Lease to a nominee or a wholly owned sub sidiary corporation with the prior written consent Leas e Of Airport Lands -SOAR International Ministries , Inc. Lot 2, Block 3, General Avi ati on Apron No. 1 Page 7 of34 Page 62 of 169 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 Lease. 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 b. not accept any surrender or enter into any modification of this Lease without the prior written consent of the holder, which the holder shall not unreasonably delay or withhold. 5. The City will enter into a new lease of the Premises with the holder of a security interest consented to by the City, if the City terminates this Lease prior to its nonnal expiration due to a default by the Lessee. The new Lease shall be for the remainder of the tenn of thi s 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 tennination 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 th e City under thi s Lea se ; 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 tern1ination, 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 ; and Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3 , General Aviation Apron No. 1 Page 8 of34 Page 63 of 169 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 financiall y capable and otherwise qualified to undertake to perfonn and observe the conditions of this Lease or the new lease and the City consents to the assignment. The City's consent will not b e unreasonably withheld. If the security holder asserts that the City is unreasonably 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 ser vices at the Premises a s may be necessary to facilitate the Lessee's compliance with this Lease and the Lessee's u se of the Premises . 3. The Lessee shall comply w ith all regulations or ordinances of the C ity 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 us e of the Airpo1t b y the Lessee. B. SNOW REMOVAL: 1 . 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 rev iew. Upon approval of the Lessee's plan by the Airport Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2 , Block 3 , General Aviation Apron No. 1 Page 9of34 Page 64 of 169 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. 3. Lessee agrees to not allow an accumulation of snow on the Premises that would cause interference with adjoining leaseholders or other users of the Airport. C. UTILITIES. Unless specifically prov ided 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. OPERA TIO NS ON THE AIRPORT: The Lessee will ensure that the Lessee, its employees, guests, contractors, sub-lessees, and vendors that perfonn any activity or function authorized under this Lease shall do so in a manner that en sures the safety of people, the protection of public health and the environment, and the safety and integrity of the Airport and the Premi ses. B. LESSEE'S CONTROL AND RESPONSIBILITY 1. 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, hann 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 nav igation 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 wi ldlife on the Premises. Lease Of Airport Lands -SOAR International Ministties, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 10 of34 Page 65 of 169 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 on the Airport as may be approved or designated in writing by the Airport Manager. ARTICLE IX ENVIRONMENT AL PROVISIONS A. HAZARDOUS SUBSTANCE: 1. The Lessee will conduct it business and/or operation on the Premises in compliance with all environmental laws and permits. If hazardou s substances are handled on the Premises, the Lessee agrees to have properly trained personnel and adequate procedures for safely storing, di spensing, and otherwise handling Hazardous Substances in accordance w ith 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 o n the Premises the Lessee wi ll ind emnify, defend , and hold th e City harmless from any and all claims , judgments, damages , penalties , fine s, costs, liabilities, or losses, including, but not limited to , s um s paid in settl ement of claims, attorney's fees, consultant fees, and expert fees, which arise during or after the tenn 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 wi ll immediate l y notify the City and the Alaska Department of Environmental Conversati on and act, promptly, at its sole expense, to contain the sp ill , repair, any damage, absorb and clean up the spill area, and restore the Premises to a condition sati sfactory to the City and otherwise comply with the app licable portions of any environmental law. 2. In addition to any notices required by this Lease, the Lessee will immediately notify Lease Of Airport Lands -SOAR International Ministries, In c. Lot 2, Block 3, General Aviation Apron No . 1 Page 11of34 Page 66 of 169 and copy the City in writing of any of the following: a. Any pennit, enforcement, clean up , lien , removal or other governmental or regulatory action in stituted, 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 authori zed by thi s Lease, relating to damage, contribution, compensation, loss or injury resulting, from, or claimed to result from any Hazardous Substances in , on, or under the Airport; or c. Any report made by, or on behalf of, the Lessee to any environmental agency arising out of or in connection with any Hazardous Substances in, on, or removed from the Premises, including any complaints, notices, warnings, or asserted violations. 3. Remediation and restoration of the contaminated area must meet all applicable state and federal regulations and must meet the requirements of all governing regulatory authorities. D. ENVIRONMENTAL AUDIT: The Lessee will provide the City with all investigative data , test results, reports , and any other information gathered or analyzed as part of or in relation to any Env ironmental Assessment, characterization or audit on the Premises or the Airport that Lessee perfom1s or causes to be perfonned after the s tarting date of thi s Lea se. The Lessee will submit the data , result, report or infom1ation to the City within 60 day s following the date on which it becomes available to the Lessee. E . RELEASE OF LESSEE: The Ci ty releases the Lessee from liability to the City for Contamination and the presence of Hazardous Substances that existed prior to the commencement date of thi s Lease unless caused or materially contributed to by the Lessee. F. SUR V IV AL OF OBLIGATIONS: The obligations and duties of the City and Lessee under Atiicle IX of this Lease shall survive th e cancellation, te1min a tion or expiration of this Lea se . ARTICLEX Lease Of Airport Lands -SOAR Intern ational Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 12 of34 Page 67 of 169 INDEMNJFICA TION & INSURANCE A. INDEMNIFICATION: 1. The Lessee will indemnify, hold 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, their 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 sub-lessees. 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 b y an attorney on behalf of a co mplainant, any complaint filed in court, and any notice or complaint by any regulatory agency. The City shall have the right, at its option, to paiiicipate cooperatively in the defense of, and settlement negotiations regarding, any such matter, without reliev ing the Lessee of any of its obligations under this provision. 3. As to any amount paid to others for personal injury or property damage with respect to which an act or omission of the City is a legal cause, notwithstanding Paragraph 1 of this section , the Lessee and the City shall reimburse each other according to the principles of comparative fault. If liabilit y to a third party is subject to ap portionment according to comparative fault under this provision, the Lessee and the C it y shall seek in good faith to achi eve non-judicial agreement as apportionment of fault as between themselves. This appo1tionment 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. 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 wi ll be entitled to coverage to the extent of the higher limits. At the time insurance Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 13of34 Page 68 of 169 is obtained by the Lessee, all insurance shall be by a company/corporation rated "A-" or better by A.M. Best. The following policies of insurance are required with the following minimum amounts: 1 . Commercial General Liability, including Premises, all operations, property damage, products and completed operations, and personal injury and death, broad- form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. If this Lease authorizes the Lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must not exclude the Lessee's fuel handling activities. This policy must name the City as an additional insured. 2. Commercial Automobile Coverage with not less than $1 ,000,000 combined single limit per occun-ence. This insurance must cover all owned, hired, and non-owned motor vehicles used by the Lessee. 3. Workers Compensation Insurance. The Lessee will provide and maintain, for all employees, coverage as required under AS 23.30 .045: and where applicable, any other statutory obligations. The policy must waive subrogation against the City. 4. The Lessee will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of in surance, 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 thi s Lease. 6. The Ci ty may, at intervals of not les s than five years from the beginning date of the te1111 of thi s Lease and upon yvritten notice to Lessee, rev ise the insurance requirements r equired under this Lease. City's determination to revi se the insurance requirements will be based on the risks relative to the Lessee's operations , any insurance guidelines adopted b y the Ci ty, and any change in applicable law. 7. If the Lessee subleases all or any portion of the Premi ses under the provis ions of this Lease, the Lessee will require the Sub-Less ee to provide to the insurance coverage required of the Lessee w1der this Article X. Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2 , Block 3, General Aviation Apron No. 1 Page 14of34 Page 69 of 169 ARTICLE XI L AWS & TAXES A. COMP LIANCE WITH LAW: Lessee shall comply wi th all appl icable laws, ordinances, and regul a tions of public authorities now or hereafter in any manner affecting the Airport, the Premises or the sidewalks, alleys, street s, and ways adjacent to the Premises, o r any buildings, structure s, fixtures an d improvements or the use thereof, whether or not any such laws, ordinances, and r egu l ations w hich may be hereafter enacted invo lv e a change of pol icy on the part of the governmental b ody enacting the sa me. Lessee agrees to ho ld City financially harmless: 1. From the consequences of any v iolation of such l aws, ordinances, and /or regulati on s; and 2. From all claims for damages on account of injuries , death, or property damage re sulting from such viol ation. B . UNLAWFUL A CTIVITY : The Lessee sha ll not pennit an y unlawful use, occupati on, business, or trade to be conducted on the Premises co ntrary to any law , ordinance, or regulation, including zo ning ordinances, rules and regulation s. C. LICENSES AND PERMITS: The Lessee will obtain all necessar y li censes and permits, pay all taxes and speci al assess ments l awfully imposed upon the Premi ses, and pay other fees and charges asse ssed under applicable law . Nothing in thi s Lease prevents the Lessee from challenging any taxes or special assessments to th e appropri ate auth ority. D. LI T IGATION : T he KMC , including regul ati on s promul gated thereunder, and th e laws of the State of Alaska wi ll govern in any dispute between the Lessee and City. If a dispute continues after ex haustion of admini stration remedi es, any la wsu it must be brought in the courts of the State of Alask a, in Kenai , Alaska. E. LESSEE TO PAY TAXES : Le ssee shall pay all lawful taxe s and assessments which, during the tem1 of thi s Lease may become a li e n upon or wh ich may be levied by the State, Borough, City, or any other tax levying b ody, upon any taxable possessory right which Lessee may have in or to the Premises or improvements on the Premises by r eason of its use or occupancy or the terms of thi s Lease provi ded , however, th a t nothing in th is provision shall prevent Lessee from contesting any increase in a tax or assessment under any applicable law , ordinance, or regu l ati o n . F. PARTIAL INVALIDITY: If an y term, prov i sion, cond ition, or p at1 of th is Lease is declared by a co urt of competent jmisdiction to be in vali d or unconstitutional, the remaini ng tenns, provis ions, conditi ons, or parts shall continue in fu ll force and effect as though the declaration had not b een m ade. Lease Of Airport Lands -SOAR Internatio nal Ministries , Inc. Lot 2, Block 3, General Aviati on A p ro n No . 1 Page 15of34 Page 70 of 169 ARTICLE XII LEASE TERMINATION A. CANCELLATION: The City may, after 30 days' written notice to the Lessee, cancel this Lease and recover pos sessio n of the Premises if any of the foll owin g violations occur, unless the vio l ation is cured with in the 30 days: 1 . The Lessee fai l s to pay when due the rents, additional rent s, charges, or other sums specified in this Lease, including any increa ses 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 Pr emises fo r any purpose not authorized by this Lease. 4. The Lessee fails to fully perfonn and compl y with any provision in this Lease. 5. The court enters a judgment of inso lvency agains t the Lessee. 6 . A trustee or rece iver i s appointed for the Lessee's assets in a proceeding brought by or against the Lessee, or the Lessee files a voluntary petition in bankruptcy. 7. Failure by the Lessee to comply with an y land development or permanent improvement construction required by thi s 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 abandorunent of the Premises or a portion of the Premises, the City or its agents, servants, or representatives may, immediatel y o r an y time thereafter, re-enter, and resume possessi on of the Premises or portion thereof, and remove a ll persons and property therefrom , without being liable for any damages therefore. No re-entry by the City sha ll be deem ed an acceptance of a surrender of the Lease. C. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee wi ll continu e to pay City rent after the expiration, tennination, or cancellation of this Lea se and to abide by the lease obligations, including providing proof of insurance coverage, through the date Lessee relinquishes possession of and complet ely vacates the Premises. City will consider the Premises comp l etely vacated if the Lessee has; 1. Remediated any environmental contamination for whi ch the Lessee is responsible; and Lease Of Airport Land s -SOAR International Ministries, Inc. Lot 2 , Block 3, General Aviati on Apron No . 1 Page 16of34 Page 71 of 169 2. Restored the Pre mi ses to a neat and clean physical conditi on acceptable to the City. D . R EAS ONABLE CURE: I . In the case of a v iolation that cannot be reasonably cured within 30 days, a Notice of C ancell ati on i ssued by the City to the Lessee under this Article is stayed if, w ithin the 30-day notice period, the Lessee begins and continues ex pediti ou s action to cure the vio lation. The City will detennine if a vi olation cannot be reas onabl y cured w ithin 30 days and what constitutes expeditious action. 2. In the case where, in the City's so le determination, the Lessee's vi o l at ion i s considered an imminent threat to the Airport, public health or safety, or the environn1ent, City will direct the Lessee to stop the acti vi ty immediatel y an d may reduce the period to cure the violati on, or the City m ay correct th e v io lation purs uant to (E) of thi s Article. E. RIGHT OF C ITY TO P ERFORM : 1. If, after 30 da ys follow in g notice th e Less ee fai ls or refuses to perform an y action required b y thi s Lease, the Cit y will have th e right, but not the obligation, to perfonn any or all such actions r equired b y thi s Lease at th e so l e expense of the Lessee. The City will no t take action if the Lessee b egi ns and continues expeditious action to perfonn any action required by this Lease that cannot be reasonabl y completed within 30 days. The City will , at its so l e discretion , determine what co n stitutes expediti ous action and if an action canno t be reasonably performed in 30 days . The City will s ubmit to the Lessee an in vo ice for the expenses incurred by the Ci ty in th e perfomrnnce b y the City of any r eq uired act ion. The Lessee wi ll pa y the amount of each invo ice with in 30 days from issuance. 2. If Le ssee fai ls or r efuses to pe rfonn any action that has been deemed an imminent th reat the City w ill have th e 1i ght, but not the obligation , to perf01m any or all such action s r eq ui red to ex ped iti ously corre ct the immin ent threat. L essee sha ll reimburse the City for any cost, including legal fees and administrative costs rea sonab l y incuiTed by the City in acting to correct the imm inent threat violation. F. W AIYER: A waiver by the City of any default by the Lessee of any provision of th is Lease wi ll not op erate as a wai ver of any sub sequent defau lt. If the City waives a default, the City is not requi red to provide notice to the Lessee to restore or revive any tenn or cond ition under this Lease. The waiver by the City of an y provision in this Lease cannot be enforced or rel ied upon un l ess the wai ver is in wri ting and si gn ed o n behal f of the C ity. The Ci ty's fa ilure to insist upon the stri ct performance b y the Lessee of any provision in this Lease i s not a wa iver or relinquishment for the future , and the prov ision will continue in full force. Lease Of Airport Land s -SOAR In ternati o nal Ministiies, Inc. Lot 2, Block 3, General Avi ation Apron No. 1 Page 17of34 Page 72 of 169 G. AIRPORT CLOSURE: 1. If the City closes the airport to aircraft operations for 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 60 days, but not permanentl y, and thi s Lease is for aviation or d irect aviation support uses, the Lessee may, upon written notice to the C ity, either terminate the Lea se o r retain the Lease and receive a 50 percent rent reducti on or credit for that p ortion of the cl os ure that exceeds 60 days. 3. If the City pennanently closes the Airport to aircraft operati ons and a. thi s Lease i s for aviati on or direct aviation support uses , the Lessee may terminate thi s Agreement by written notice to the C ity; or b. thi s Lease is for non-a viation uses, the Lessee may r equest i n writing to h ave the Lease te1minated. Th e Cit y will consider th e Lessee's request in light of the City's best interest and either te1mi nate the Lease , or deny the Lessee's request in writing. H. DISASTERS: The Lessee or City may cancel thi s Lease upon w1itten notice to th e other paiiy if: 1. th e Premises becomes unusabl e through no fau lt of either party and perfom1ance und er thi s Lease becomes impossible; or 2. the Airport becomes unusable th.rough no fault of either paii y and the performance under thi s Lease becomes imposs ible. If the Le ssee elects in writin g that it w ill continu e to opera te after notice from City to Lessee that the Airport has become unu sable, the Lessee's obligations under the Lea se will continue, but City sha ll b e und er no obl igati on to continue to perfo nn. Cau ses for termination of the Lease under this provision (H) includ e acts of God, the public e nem y, and the United States. I. NATIONAL EMERG ENCY : If the federal government declares a national emergency, n either party m ay ho ld the other liabl e for an y in ability to perfom1 any part of thi s Lease as a r esu lt of the national emergency. Lease Of Airport Lands -SOAR International Mi ni stri es , In c. Lot 2, Bl ock 3, General Aviati on Apron No. 1 Page 18 of34 Page 73 of 169 J. SURRENDER ON TERMINATION: Except as provided otherwise in thi s Article X II , Les s ee shall, on the last day of the term of this Lease (i ncluding any extension or renewal thereof) or upon any earlier tennination of thi s Lease, surrender and deliver up the premises into the possession and use of City without fraud or dela y in good order, condition, and r epair, except fo r reasonable wear and tear si n ce the last neces sa ry repair, replacement, restoration or renewal , free and clear of all lettings and occupancies unless expressly permitted by the Ci ty in writing, and free and clear of all liens and encumbrances other than th ose created by and for loans to the City. K . OWNERSHIP AND DISPOSITION OF IMPROVEMENTS: 1. Ownership of Permanent Improvements: P ermanent Impro vements on the Premises, excluding Site Development Materials, constructed , placed or purchased by the Lessee remain the Lessee 's property as long as thi s Lease r emains in effect, including an y p eri o d of extensio n or holdo ver. 2. Di sposition of Site Development Materials: The Lessee acknowledges that, once placed b y the Lessee, the removal from the Premi ses of the Site Development Materials can damage the Premises, adver sely affect surface water drainage patterns, and d estabili ze adjacent structures. When placed on th e Premises by the Lessee, Site Development Materials, includin g building p ads, parking area , driveways, and similar s tructures: a. become part of the realty and th e property of the C ity of Kenai; b. unless otherwi se directed by th e City, mu st be maintained by the Les se e throughout the tem1 of thi s Lease, including any extens ions and pe1iod holdo ver s; and, c. may not be removed by the Lessee wi thout the prior w1i tten appro va l of the City. 3. Di spos ition of Person a l Property and Permanent Improvements Other Than Si te Development Material s: a. U nless the City otherwise directs as provi ded below, when this Lease expires, tem1inates , or is can cell ed and i s neither extended nor fo ll owed by a su ccessive lease, the departing Lessee may do one or more of th e fo ll owing: 1. Remove Lessee-Owned Pemrnn ent Improvements from the Premises, remed i ate any Contamination fo r which the Lessee i s responsible, an d restore th e Premi ses to a clean and neat physical condition acceptable to the C ity within 60 days after the expiration, Lease Of A irport Lands -SOAR International Ministrie s, Inc. Lot 2, Bl ock 3, General Aviati on Apron No. 1 Page 19 of34 Page 74 of 169 cancellation, or termination date of this Lease ii. with written approval from the City, sell Lessee-Owned Permanent Improvements to the succeeding Lessee, remove all personal property, remediate, any Contamination for which the Lessee is responsible and leave the Premises in a clean and neat physical condition acceptable to the City within 60 days after notice from the City that the City has approved an application for a lease of the Premises by another person or such longer period specified in the notice, but in no event more than 180 days after the expiration, termination, or cancelation date of this Lease; 111. elect to have the City sell Lessee-Owned Permanent Improvements at public auction as provided below, remediate any Contamination for which the Lessee is responsible, and restore the premises to a clean and neat physical condition acceptable to the City. If the City sells Permanent Improvements under this Paragraph for removal from the Premises, the departing Lessee 's obligation under this Paragraph continues until the Premises are remediated and restored to a clean and neat physical condition acceptable to the City after the improvements have been removed. b . If the departing Lessee elects to have the City sell Lessee-Owned Pennanent Improvements at public auction per this Section, the Lessee shall, within 30 days after the expiration, cancellation, or te1111ination of this Lease: 1. submit to the City a w1itten request and authorization to sell the Permanent Improvements by public auction; 1i. provide to the City an executed conveyance document transferring clear title to the Permanent Improvements to the successful bidder at the public auction, along with authorization to the City, as agent for the Lessee for purposes of the sale onl y, to endorse the name of the successful bidder on the conveyance document upon receipt of payment of the successful bid price; and 111. before the date of the public auction, remove all personal property, remediate any Contamination for which the Lessee is responsible and lease the Premises in a neat and clean physical condition acceptable to the City. c. Wben selling Lessee-Owned Permanent Improvements at public auction for the depa11ing Lessee, the City will establish the terms and conditions of the Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2 , Block 3, General Aviation Apron No. 1 Page 20 of34 Page 75 of 169 sale. The City shall pay the Lessee any proceeds of the sale of the Permanent Improvements, less the administrative costs of the public auction and any financial obligation the Lessee owes to the City under this Lease. Payment will be made within a rea sonable time after the City completes the sale transaction and receives the proceeds, but not to exceed 60 days. If all or a portion of the Permanent Improvements do not sell at public auction, the Lessee will remove those Permanent Improvements, remediate any Contamination for which the Lessee is responsible and restore the Premises to a clean and neat physical condition acceptable to the City within 60 days after the auction. d. If the Lessee shows good cause to the City and if it i s not inconsistent with the best interest of the City of Kenai, the City will grant an extension of time that is sufficient to allow the Lessee to remove or sell Lessee-Owned Permanent Improvements, remediate any Contamination for which the Lessee is responsible and to restore the Premises to a clean and neat physical condition acceptable to the City. e. The City will, by written notice, direct any departing Lessee to remove Lessee-owned Permanent Improvements from the Premises, to remediate, consistent with applicable law , any Contamination for which the Lessee is responsible and to restore the Premises to a clean and neat physical condition acceptable to the City if the City detem1ines in writing: 1. that the continued presence of the Pennanent Improvements on the Premises are not consistent with any writt en Airport program or plan required for co mpli ance with applicable federal, state, or local law ; 11. that the continued presence of the Permanent Impro vements on the Premises is not in the best interest of the City of Kenai; or 111. that the Pennanent Impro vements present a hazard to public health or safet y. f. The departing Less ee to whom the City has issued direction under Para graph (e) of this Section shall comply with the City's direction within 60 days after issu ance of the direction and at no cost to the C ity. If the departing Lessee shows good cause to the City, continues to work diligent to comply with City's direction, and if it is not inconsistent with the best interest of the City of Kenai , the Cit y will allow in writing a l onger period that is sufficient to allow the Lessee to comply with the City's direction. A departing Lessee who fails to comply with a direction issued by the City under Paragraph (e) of this Section, shall, within 30 days of being billed by Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 2 1 of34 Page 76 of 169 the City, reimburse the Ci ty for any costs reasonably incurred by the City, including legal fees and administrative costs, to enforce the City's direction or to remove and dispose of unremoved Lessee-Owned Permanent Improvements, remediate any Contamination for wh ich the Lessee is responsible and restore the Premises. g. If the departing Lessee does not timely remove or sell the Lessee-Owned Pem1anent Improvements on the Premises in accordance with the requirements of this Section, any remaining Permanent Improvements and any remaining personal property of the departing Lessee will b e considered pennanently abandoned. The City may sell, lease, demolish, dispose of, remove, or retain the abandoned property for Airport use as the City determines is in the best interest of the City of Kenai. The departing Lessee shall, within 30 days after being billed by the City, reimburse the City for any costs, to demolish , remove, dispose, clear title to, or sell abandoned property and to remediate and restore the Premises. h. After the expiration, termination, or cancellation of the Lease, including any holdover, th e departing Lessee lose s all right to occupy or u se the Premises w ithout the express or implied consent of the City. Except as the City notifies the departing Lessee otherwise in writing, the Ci ty consents to the departing Lessee's continued use and occupancy of the Premises to diligently accomplish the requirement s of this Section. Until the departing Lessee relinquishes possession of and comp letely vacates the Premises under Paragraph 9 of thi s Section and notifie s the City in w1iting that it has relinquished and vacated the Premises, the dep arting Lessee shall perfom1 ilie following as if the Lease were sti ll in effect, L pay rent to the City; IL maintain the Premises; 111. provide the City with evidence of each insurance coverage if any required under the Lease ; and 1v . cease using the Premises other than to diligently accomplish th e requirement s of thi s Section and to comply with the other requirement s of the Lease. J. A depa1ting Lessee will not be considered to have relinquished possession and completel y vacated the Premises until: 1. the departing Lessee has: Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 22 of34 Page 77 of 169 (a) remediated , consistent with applicable law, any Contamination for which the Lessee is responsible; and (b) restored the Premises to a clean and neat physical condition acceptab le to the City; and IL either: (a) removed all of the Lessee's Permanent Improvements and personal property from the premises or so ld the Permanent Improvements and personal property to a succeeding Lessee under the provisions of thi s Lease; or (b) transferred title to the Lessee's Permanent Improvements and personal property that remain on the premises to the City. ARTICLE XIII GENERAL COVENANTS A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands or facilities without the written consent of the City is prohibited. This prohibition shall n ot 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 a nd in good order at the Lessee's own expense, allowing no damage, waste, nor destruction thereof, nor removi n g any material therefrom , without written pennission of the Ci ty. At the expiration of the term fixed , or any earlier termination of the Lease, the Lessee will peaceably and quietl y quit and surrender th e Premises to the City. D . CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the Premi ses by the Lesse e must be compatible with its smrnundings and consistent with the uses authorized under thi s Lea se, as detennined by th e City. The Lessee must obtain the City's written approval before placin g fill m aterial, begimlin g an y land development, or constructing or demolishing any impro vements on the Premises, and before beginning any alterations, modifications, or renovation of existing structures on the Premises. The Lessee must submit to the City detail ed drawings o f the proposed development, alteration, modification, or renovation, to gether with specifications or any other information the City reasonabl y 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 -SOAR International Ministries, Inc. Lot 2, Bl ock 3, General Av iation Apron No. I Page 23of34 Page 78 of 169 E. LEASE SUBORDINATE TO AIRPORT FINANC ING REQUIREMENTS: Lessee agrees that Ci ty may modify thi s 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 ri ghts or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial l oss. 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 c9nstrued as a denial of the right of quiet or peaceable possess10n: 1. any inconvenience caused by public works projects in or about the Premises; and 2. any o ther entries b y the City on the Premises reserved or auth orized 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 th e City and the Lessee is , and shall at all times remain, strictly that of landlord an d tenant, respecti vely. H. DIS CRIMINATION: The Lessee will not discriminate on the grounds of race, color, religion , national origin, ancestry, age, or sex against any patron, employee, applicant for emp loyment, or other person or group of persons in any manner prohibited by federal or state l aw. The Lessee recogni zes the right of the City to take any action necessary to enforce thi s provision, including actions required pursuant to any federal or state la w. I. AFFIRMATIVE ACTION: If required b y 14 CFR Part 152, subpart E, the Lessee wi ll undertake an affinnati ve action program to insure that no person will be excluded from participating in any empl oyment acti vi ti es offered by the Lessee on the grounds of race, creed, color, national origin, or sex. No person ma y 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 fu1ther agrees that it wi ll requ ire its s ub-organi zation(s) provide assurance to the City to th e same effect that they will also undertak e affinn ati ve acti on programs and require assurances from the ir sub-organization(s) as required by 14 CFR, Part 152, subpart E. Tenant shall use the premi ses 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 2 1, Nondi scri minat ion 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 -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. l Page 24 of34 Page 79 of 169 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 i s effective unless in w1iting and signed on behal f 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 C it y shall not be liable to Lessee for any d iminution or depri vation 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 oflaw under the laws of the State of Alaska and of the United States m ade 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 material men's liens obtainable or available under the then existing l aws, to stand against the Premises or improvements on the Premises for any l abor or material furnished to Lessee or claimed to have been furnished to Lessee or t o the Lessee's agents, contractors, or sub-l essees, in connecti on with work of any character perfomrnd or claimed to have been performed on the Premises or improvements by or at the direction or sufferance of Lessee. Provided , however, th e 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 cla imed lien. U pon a final detennination of the li en or claim for lien, the Lessee wi ll immediately pay any judgment r endered with all proper costs and ch arges and shall have such li en relea sed 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 fro m the condemnation or taking, the C ity and the Lessee shall make a good fa ith effort t o agree upon: 1. the di v i sion of the proceeds; 2. the abatement in re nt paya bl e during the t erm or an y extension of the tenn of thi s Lease; and 3 . other adjustments as the parties may agree upon as being just an d equitable under all the circumstances. If, within 30 days after the award h as been paid into Court, the City and Lessee are unable t o agree upon what di v is ion, abatement in rent , and other adjustments as are just and equitable, the dispute shall be dete1mined b y arbitration. Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2 , B lock 3 , General Aviation Apron No. I Page 25of34 Page 80 of 169 N. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to th e 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. 0. NOTI CES: 1. Any notices required by this Lease must be in writing and must be deli v ered personally or mailed b y 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 fi rs t page of this Leas e or to the latest add ress designated in accordance with (2) of this Provision (O); and b. shall be deemed delivered on the date it is deposited in a U .S. general or branch pos t office. 2. The City or the Lessee may, from time to time, designa te a new address at which they w ill recei v e notices by providing the other party with written notice at least 15 days prior to the effectiv e d ate of the change. An address change notice must b e delivered according to the procedure set out in (1) of this Provision (0). P. RETENTION OF R ENTAL: In th e event the City terminates this Lease because of any breach b y th e Lessee, the C ity s hall retain any unused balance of the rental payment last made by th e L essee C it y as partial or tota l liquidated d ama ges fo r the b reach. Q. F IRE PROTECTION: The Lessee wi ll take all r eason abl e precautions to prevent, a nd take a ll necessary action to suppress d estructi ve or unco ntroll ed fires and compl y w ith all laws, regul a tions, and rules promulgated and enforced b y the City for fire protection on the A irport. R. PERSONAL USE OF MATERIALS: N o interest in coal , oil , gas or any other mineral, or in any d eposi t of st one or gravel v aluabl e fo r extra ction or utili zati on is included in th e Premises or in th e 1i ghts granted by this Lease. The Lessee sha ll n ot sell or remove fro m th e Premi ses fo r use el sewh er e any ti mber, stone, gravel , peat moss, top soil or any other materi al valu able for bui lding or co mmer cial purposes . S. APPROVAL OF OTHER AUTHORITIES: The granting of this Lease b y the City does not reli eve th e Lessee of the responsibility to obtain an y li cense or p ermit as may be required by fe deral , s tate, or local law. T. EXECUTION B Y THE PARTIES: This Lease i s of no effect unless signed by the Lessee, o r a du ly authorized representative of Lessee, and an authorized representative of the City . Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 26of34 Page 81 of 169 U. CAPTIONS: The captions of the provisions ofthis Lease are for conveni ence only and do not necessarily define, limit, describe, or construe the contents of any provision. V. RIGHTS OF CONSTRUCTION: Thi s Lease is intended to make public property available for private u se, while at all times protecting the public interest to the greatest extent possible. Following th e rul e that transfers of interest in public property are to be strictly con strued in favor of the public property landlord, all rights granted to the Lessee under thi s Lease wi ll be strictly co nstrued , and all rights of the C ity 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 unders tand s its terms, that the Les see has been fully advised or has had the opportunity of advice by separate legal counsel, and voluntarily executes this Lea se. Lessee also acknowledges and agrees that the rule of interpretation under which a document is co nstrued again st the drafter will not apply to this Lease. X. APPROVAL BY C ITY: Any approval required of th e City b y thi s Lease will not be unreaso nabl y withheld. The City'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: Th e Lessee i s solel y respon sible, at it s so le expense, to confom or estab li sh th e physical location of th e boundaries of th e Premises p1ior to beginning any construction thereon, including cleari ng grubbing, back-fi lling an d envirorunental sampling . Any survey of the Premises shall be perfo tmed 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 perfo rmed on the Premises by, or on behalf of the Lessee. B. IMPROVEMENTS: 1. REQUIRED IMPROVEMENTS : A t no cost to the City, Lessee agr ees to compl ete land development and co nstruct ion of Pennanent Impro vements including N I A , by no l ater than N I A, with an appraised va lu e of at least $NI A. In addi ti o n to the as - buil t draw ings required by this Lease, the Lessee must submit to the Ci ty written evidence that the Lessee ha s completed the land development and constructed improvements on th e Premises with an aggregate cost or investment of not less than $NI A. Th e evidence of cost must be s ubmitted to the City within 60 days of the completion of the d evel opment and improvements, but by no later th an N I A. Lease Of Airport Lands -SOAR International Mini stries, In c. Lot 2, Block 3, Gen eral Avi ati on Apron No. 1 Page 27of34 Page 82 of 169 a. Costs considered toward the aggregate cost of Permanent Improvements include building construction, design, labor, material s, materials shipping, permits, eq uipm ent, soi l testing, environmental baseline report, and environmental assessment directly related to the constructi on; premis es and a s-built surveys; site preparation, including excavation, geotextile fabric, filling , grading, fill materi a l, gravel, and pavement, remediation o f env ironmental contamination (unless Lessee caused or materially contributed to the contamination); and utili ty co nnection costs. b. The cost o f Permanent Impro veme nts excludes: i. wo rk performed b y th e City and not reimbursed by the Lessee; and II. wo rk performed by the Lessee and reimbursed by the C ity. 2 . FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fa il s to complete the required construction within the time allo wed under (B)(I) of this Article, including any extensions granted, the City will execute against and the Lessee w ill forfeit , an y bond or other guarantee given by th e Lessee and, as appl icable, the City will: a. initiate cancellation of the Lease; or b. reduce the tenn of the Lea se to a period t hat is consistent with th e portio n of the required construction timel y co mpl eted . 3. APPEARANCE: When completed , all im provements on the Premises must be neat, presentable, a nd compatib le with the auth orized u se of the Premises under this Lease, as dete1mined b y the City. 4 . C ITY APP ROVAL R EQUIRED: T he Lessee must fir st obtain the Ci t y's written approval before beginning any land development, construction or demoliti on of any improvements on the Premi ses , or before begirmin g any alterations, modification s, or r enovati on of existing structures on the Premises. The Lessee must submit to th e C ity detailed drawings of the proposed deve lopment, alterati on, modification, or renovati on. Further, th e Lessee wi ll su bmi t to City evidence of the Lessee's compli ance with the FAA regu l atio n 14 CFR Part 77. 5. CITY APPROVAL WITHHELD: Th e City's approva l of any constructi on, alteration, modification, or r enovati on will not be wi thh eld unless : a. the Lessee fa il s to demonstra te adequate fi n ancial resources to complete the Lease Of Airport Lands -SOAR International Ministries , Inc. Lot 2 , Block 3, General Av iation Apron No. 1 Page 28of34 Page 83 of 169 project ; b. the project plans, specifi cati ons, and agency ap proval s are incomplete; c. th e proposed project would result in a v iolation of an applicable ordinance, regulation , or law; · d. the proposed project would interfere w ith or is i ncompatibl e with the safety, securi ty, maintenance, or operation of the airport; e. the proposed project is incon sistent with the Airport Master Pl an ; f. the pro posed project i s inconsistent with the tenns of the Lease, zoning ordinances, or the City's Compreh en sive Plan; g. the proj ect plans do not make suffic ient provision for drainage, aircraft, vehicle, and equipment parking, or for snow storage; o r h. th e proposed proj ect does n ot conform to generally reco gnized engineeri ng principl es or ap plicabl e fire or building codes . 6. DEMOLITION: Prior to an y d emo liti on of any structure(s) on the Premises, Lessee will deliver to City a wri tten scope of work that, at a minimum, lists the structure(s) th at are to be demoli shed and the timeframe for demoli tion and removal of th e debris from the Airport. C ity will review Lessee's scope for demolition and issue Lessee written approval for th e work to be done. 7. BUILDfNG SETBACK: No building or other permanent structure m ay b e constructed or p laced within 20 feet along the iigh t-of-way of Granite Point Comi and wi thin ten feet of th e rear an d side yard property lin es. Thi s property is not within the building restriction lin e so I believe the remainder of the p aragraph could be d eleted. 8. AS -BUILT ORA WfNGS: W ithin 60 days after completion of construction or placement of improvements up on the Premi ses , the Lessee w ill deli ver to the City a copy of a n as -built drawing, acc eptable to the City, sh owing the locati on and d im ensi o ns of the improvements, gi ving di stances to all Premises ' boundaries. If the Lessee constructs undergro und improvements, the Les see will appropriatel y mark the s urface of the l and with adequ ate surface markers . The type, qu anti ty, and distance b etween such markers will be subj ect to approva l of the C ity . 9. AIRPORT SECURITY FENCING: If an y construction by the Lessee requires a realignment or alter ation of an existing security fe nce on the Premises or boundary Lease Of A irp ort Lands -SOAR International Mi ni stries, Inc. Lot 2, Block 3 , General Aviati on Apron No . 1 Page 29of34 Page 84 of 169 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 a normal function within two 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. If a structure is non-conforming, the requirements of the Kenai Municipal Zoning Code apply (see e.g., KMC 14.20.0SO(d)). If there is any conflict between this Lease and the Kenai Municipal Zoning Code with respect to repairs or reconstruction of non-conforming structures, the requirements of the Code shall prevail. 11. DAMAGE NEAR EXPIRATION: If Lessee's improvements are damaged to the +/-extent that more than 50 percent of the space i s unusable and the damage occurs within five years of the expiration of the tenn of this Lease, Lessee may remove the damaged improvements, restore the Premises and tem1inate this Lease. C. PERFORMANCE BOND: Prior t o beginning the construction of Permanent Improvements required under (B)(l) of this Article, the Lessee shall submit to the City a performance bond, deposit, or other security in the amount of$N/A. The fonn of the bond or other security shall be subject to the City's approval. D. SURRENDER ON TERMINATION: Lessee shall , on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tea r since the l ast necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless ex pres sly pennitted b y the C it y in writing, and free and clear of all liens and encumbrances other than those created by and fo r loans to City. Upon the end of the tenn of this Lease, including any extension or renewal , or any earlier tem1ination 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 s hall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fe e asserted or imposed by any and all govemmental units in connection herewith. Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Aviation Apron No. 1 Page 30of34 Page 85 of 169 E. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three days prior to co mmencing an y construction project valued in excess of $1,000 on the Premises. The Lessee agrees to ass i st in the posting of a notice of non-res ponsibility and maintenance of the n otice on the Premises during construction. Lessee agrees th at in the event the Lessee fails to notify the City as required by this Provision, the Lessee shall ind emnify the C ity against any materialmen's liens as defin ed in AS 34.35 .050 which arise as a result of con struction on the premises. ARTICLE XV SPECIAL PROVISIONS A . C ITY CONSTRUCTED IMPROVEMENTS. 1. ALTERNATIVE ONE -T he City commits to construct improvements after the Lease is signed . a. As part of the exchange of consideration of th is Lease, th e C ity will , at th e City's expense, cau se the following improvements to be constructed on or in connection with the Premi ses: N I A b. The City's total cost of the improvement con s truction shall not exceed $N/ A without the Lessee's written concunence. c. The Lessee shall reimburse th e City for the City's cost of constructing the improvements. The reimbursement shall be made in ten equal annual payments, plus inter est at 8 percent per year on the unp aid balance. The Lessee may pay the entire remaining balance t o th e C ity earli er than due. d . After completing the improvements, the C ity w ill give the Lessee written notice of the City's t otal cost of constru cting the improvements and th e date on w hi c h the Lessee's reimbursem ent payme nts sh a ll begi n , which date shall be no earli er than 60 days after th e date of the City's notice. The Lessee's annu al reimbursement payment for each succeeding yea r shall be made to the Ci ty b y no later than t he anni ver sary of date on which the fir st payment was due. e. Failure b y the Le ssee t o timely reimburse the City as requi red under (b) through ( d) of thi s provision sha ll be grounds for te rmin ati on of this Lease b y the Ci ty. 2. ALTERNATIVE TWO -T he Cit y builds improvements before the Lease i s signed . Lease Of Airport Lands -SOAR International M ini strie s, Inc . Lot 2, Block 3 , General Aviation Apron No . 1 Page 3 1 of 34 Page 86 of 169 a. The Lessee acknowledges th at pri or to th e execution of thi s Lease; the City constructed the fo llowing improvements on or in connection with the Premis es: NIA b. The C ity's total cost to construct the improvem ents was $NI A. c. As part of the consideration of thi s lea se, the Lessee shall reimburse the City for the City's cost of constructing the improvements . The reimbursement shall b e made in ten equal annual payments, plus interest at 8 percent per year on the unpaid balance. The Lessee m ay pay the entire remaining b alan ce to the C ity earlier tha n due. d. The Lessee shall make the first r eimbursement payment to the City by no later than the first anniversary of the Lease tenn beginning date given in Article III of thi s Lease. ·The Lessee's annual reimbursement payment for each succeeding year shall be made to the City b y no l ater than the anniversary of date on whi ch the fir st pa yment was due. e. F a ilure by the Lessee to timel y reimburse the Ci ty as req u ired und er (c) and ( d) of this provision shall be grounds for tennination of this Lease by the City. IN WI TN ESS WHEREOF, the parties hereto have h ereunto set their hands, the day and year stated in the indi v idual acknowl edgments below. CITY: C ity of Kenai Paul Os trander Its : Ci ty Manager LESSEE: Date SOAR MINISTRIES INTERNA TI ON AL, INC. R ichard L. Page Its: Presid ent Date Lease Of Airport Lands -SOAR In ternational Ministries, Inc. Lot 2, Block 3, General Aviati on Apron No. 1 Page 32of34 Page 87 of 169 ACKNOWLEDGMENTS ST A TE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2017, Paul Ostrander, City Manager of the Ci ty of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the vo luntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: _____ _ ST A TE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2017, Richard Page, President of SOAR INTERNATIONAL MINISTRIES, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the vo luntary and authorized executi on of th e foregoing instrument on beh alf of said corporation. Notary Public fo r Alaska My Commission Expires: _____ _ ATTEST: Jamie Heinz, Actin g City Clerk SEAL: ~aseForm: Scott Bloom, C ity Attorn ey Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2 , Block 3, General Aviat ion Apron No. I Page 33of34 Page 88 of 169 After Recording, Return To: ATTN: Kenai City Planner City of Kenai 2 10 Fidalgo A venue Kenai, AK 996 11 Y:\Planning & Zoning\Agreements\2 01 7 072 1 SOAR Le ase L283 GAA (002).docx Lease Of Airport Lands -SOAR International Ministries, Inc. Lot 2, Block 3, General Av iation Apron No. 1 Page 34of34 Page 89 of 169 Sponsored by: Councilor Navarre CITY OF KENAI RESOLUTION NO. 2017·58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AUTHORIZING A DONATION TO PENINSULA ART GUILD, INC . FOR COMPLETION OF PRELIMINARY DESIGN TO RENOVATE AND A REMODEL THE KENAI FINE ARTS CENTER, A FACILITY OWNED BY THE CITY OF KENAI AND LEASED TO THE PENINSULA ART GUILD. WHEREAS, on May 23 , 1995, the City entered into a lease with the Kenai Arts & Humanities Council for City-owned lands identified as a portion of Lot 3, Block 17, Original Townsite of Kenai and the building known as the Fine Arts Center; and, WHEREAS , since May 23, 1995, the rights under the Lease have been assigned to the Peninsula Arts Guild; and , WHEREAS, the City has determined that it is in the public's best interest to lease the Fine Arts Center building to the Peninsula Art Guild for less than fair market value at a rate of $1 per year; and, WHEREAS, a third amendment to the lease extended the term of the Lease to December 31, 2035; and, WHEREAS; Peninsula Art Guild, Inc. has begun preliminary des ign to renovate and remodel the building; and, WHEREAS , the Peninsula Art Guild, Inc. has requested a donation of $4,000 from the City to assist in preliminary design costs ; and, WHEREAS , the renovation and remodeling project will increase the utility and value of a City owned building ; and , WHEREAS, the Acting City Clerk has identified $2,000 in the FY2018 Legislative -Advertising, Miscellaneous advertising, that is available and can be combined with the $2,000 budgeted in Legislative -Grants to Other Agencies, Miscellaneous grants to be identified, to provide the $4,000 donation; and, WHEREAS, the purpose of the preliminary design is to identify the scope of a renovation and remodel and to provide costs estimates for the purpose of soliciting grants for construction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. A grant in the amount of $4,000 be issued to the Peninsula Art Guild, Inc. for completion of preliminary design documents for renovation and remodel of the Kenai Fine Arts Center. Page 90 of 169 Resolution No . 2017-58 Page 2 of 2 Section 2. That pursuant to KMC 1.15.080(b) this Resolution shall take effect upon enactment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA , this 16th day of August, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: Jamie Heinz , Acting City Clerk Approved by Finance __ _ Page 91 of 169 'Vtfftite «J/t/t, a PaJ'~ e~ «J/t/t, a Fat~ JI 210 Fidalgo Ave , Kena i, A laska 99611-7794 Telephone : (907) 283-7535 I Fax: (907 ) 283-3014 www.kenai.city MEMORANDUM TO: FROM : DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Council Member Navarre August 10, 2017 Resolution No . 2017-58 , Authorizing Donation to Peninsula Art Gu ild, Inc. The City leases the Fine Arts Center building to the Peninsula Art Guild , Inc . for one dolla r a year . The Fine Arts Center provides a public benefit to the City and its residents . The Peninsula Art Guild, Inc. is seeking to improve and renovate the building and has requested $4 ,000 from the City for preliminary design work. There is sufficient funding available for this cause , and I respectfully request your support for Resoluti o n No. 2017-58 whi ch will aid the Peninsula Art Guild , Inc. in its endeavor. Page 92 of 169 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 2, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on August 2, 2017, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Tim Navarre Jim Glendening Glenese Pettey Mike Boyle (absent) A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney (telephonic) Jamie Heinz, Acting City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the packet: Add to Item D.9. Resolution No. 2017-53 • KPB Municipal Tax Survey Results Add to Item J.1. City Manager’s Report • Letter to U.S. Army Corps of Engineers Regarding the Bluff Stabilization Project • Correspondence from Dr. Sorhus Regarding his Lawton Acres Proposal MOTION: Page 93 of 169 City of Kenai Council Meeting Page 2 of 13 August 2, 2017 Council Member Molloy MOVED to approve the agenda with the requested additions to the packet and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. John Williams – Restored Fire Truck’s Fourth of July Parade Trophy. Mayor John Williams noted the restoration of the firetruck was almost completed with transmission and brake issues being final projects; also noted the truck had been entered into the Kenai Fourth of July parade and won First Class Overall. He added the project has received tremendous community collaboration. C. UNSCHEDULED PUBLIC COMMENTS Marian Nelson reviewed a professional design fee proposal which had been provided for an as- built and construction document services for renovations and upgrades at the Kenai Fine Arts Center, which was leased from the City; noted K+A Design assisted with the design. Inquired about financial help from the City. D. PUBLIC HEARINGS 1. Ordinance No. 2968-2017 – Appropriating General Fund Balance Funds into General Fund Land Administration-Lands Fund for the Purchase by the City of Kenai’s General Fund of Airport Property Outside the Airport Reserve Constituting Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4, Section 33,T6N, R11W, Seward Meridian, Commonly Referred to as ‘Lawton Acres’ and Deed Restricting the Future Use Of the Property to Parks and Recreational Uses to be Retained by the City for a Public Purpose. [Clerk’s Note: This item was postponed to this meeting from the July 5 meeting for a third public hearing and Airport Commission review and recommendation on July 13. A motion to enact is on the floor.] Page 94 of 169 City of Kenai Council Meeting Page 3 of 13 August 2, 2017 Mayor Gabriel opened the public hearing. Sheryl Main spoke in favor of the ordinance noting she had lived in Nashville and expressed appreciation for planning for green space; enjoyed the green space of the wildflower field and Leif Hansen Park. She added that she wasn’t concerned about the cost of retaining green space. Mike Beck spoke in favor of the ordinance; wasn’t in favor of the dentist office; felt the residents of Kenai would support purchasing the property. Paul Minelga, Airport Commission member, spoke against the ordinance, noting the airport had poor representation from the community. He pointed out that life flights come in and out of the airport and that supplies would come in and out of the airport in the case of a Sterling Highway closure. He added that the airport was an asset and $600,000 was a drop in the bucket to maintenance and operations, especially given increased requirements for modernization. Jim Zirul, Airport Commission member, spoke against the ordinance, noting the property was under-valued for what its commercial value would be; also noted that Conservation didn’t mean green space, but for the property to be retained for the airport to be used at a later time to conserve itself. He added the airport also leases property to help conserve itself. William Nelson spoke in favor the ordinance expressing frustration that the commission would be satisfied with $1.1 million but not with $600,000. Lynette Nickons spoke in favor of the ordinance noting she appreciated the airport. She suggested a new appraisal or a trade of sufficient land. Melissa Frates spoke in favor of the ordinance noting the property as General Commercial was against the Comprehensive Plan; pointed out that Dr. Sorhus removed his proposal to purchase a portion of the property, and suggested a land swap. She suggested two-thirds of the property was unable to be developed. Glenda Feeken, Airport Commission Chair, spoke against the ordinance suggesting there was misconception regarding Wildflower Field and the level of contamination that remained; also suggested the fill that had been placed there might cause more of a problem for development. She pointed out that the entire parcel was developable noting other commercial buildings in town that were on small parcels; also reiterated that the property being zoned Conservation wasn’t intended to be park land, but conserved for airport use. Barbara Christian spoke in favor of the ordinance noting they moved to Kenai 47 years ago and couldn’t find the city back then; encouraged keeping the city centered. She also provided a map of vacant buildings and cleared lots noting they didn’t improve the impression of the City. John Williams spoke against the ordinance suggesting it be “kicked down the road” due to the recession; added that property line setbacks and contamination hindered development. Karl Kircher, principal of Mountain View Elementary school, noted a recent classroom project where students planted lilacs near the gazebo at Wildflower Field on Arbor Day as a lesson in conserving green space in perpetuity. Vivian Terry was provided clarification that the deed restriction mentioned in the ordinance would be added; that it wasn’t something that existed yet. Page 95 of 169 City of Kenai Council Meeting Page 4 of 13 August 2, 2017 There being no one else wishing to be heard, public comment was closed. Administration noted a financial impact analysis had been prepared and had been put into terms of mill rate; also addressed financial impacts to the Airport Fund. It was also explained that there had been an attempt to outline established priorities for the use of the fund balance and encouraged caution using the fund balance in the tough economic times. It was reiterated that use of the funds to purchase the property fell within the fund balance policy. How the expenditure and reduction of the fund balance affected the Bluff Erosion Project and other capital projects was discussed. It was noted it that it was difficult to monetize quality of life and drawing people to live here; the rezoning failures of the property were reiterated. MOTION TO AMEND : Council Member Molloy MOVED to amend Section 5 by inserting $600,000 as the value to appropriate from the Fund Balance and increase the Land Administration – Land Fund by the same amount. The motion failed for lack of a second. Administration’s development of a plan to dispose of City-owned property, fair and equitable treatment of neighborhoods, and the cost of creation and maintenance of parks were considerations noted. The utilization of capital reserves with an uncertain future and ensuring the best and highest use for the property were other considerations noted, as was the current economic climate. VOTE ON THE MAIN MOTION: YEA: Molloy NAY: Knackstedt, Gabriel, Pettey, Navarre, Glendening MOTION FAILED. 2. Ordinance No. 2971-2017 – Amending Kenai Municipal Code Section 1.15.060 - Motions, to Provide for Deferring a Motion or Agenda Item Beyond the Next Meeting. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2971-2017 and the motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was clarified that the Code amendment would bring the practice of deferring motions beyond the next meeting into the Code, which supersedes Robert’s Rules. Page 96 of 169 City of Kenai Council Meeting Page 5 of 13 August 2, 2017 VOTE: YEA: Knackstedt, Glendening, Gabriel, Pettey, Navarre, Molloy NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2972-2017 – Appropriating Funds in the Airport Fund, Accepting a Grant from the Federal Aviation Administration and Appropriating Funds in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment (SRE) – Loader with Attachments and a Multi-Purpose Broom. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2972-2017 and the motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that the FAA was providing a grant of over $1 million leaving approximately $68,000 remaining for the City’s portion. VOTE: YEA: Glendening, Knackstedt, Gabriel, Pettey, Navarre, Molloy NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2017-48 – Awarding an Agreement for Construction of Kenai Animal Control Shelter Flooring Renovation. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-48 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Unanimous Consent was objected to. It was pointed out that the building was no longer owned by the City due to the lease agreement. The lease agreement terms were reviewed; Administration noted alternative terms for the lease would be considered. VOTE: YEA: Knackstedt, Gabriel, Pettey, Navarre, Molloy, Glendening NAY: Page 97 of 169 City of Kenai Council Meeting Page 6 of 13 August 2, 2017 MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2017-49 – Awarding an Agreement for Construction of Kenai Public Safety Building Boiler Replacement. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-49 and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Administration provided an overview of the design, the use of the specific boiler, warranties, maintenance, and the contractor that provided the lowest bid. VOTE: There was no objection; SO ORDERED. 6. Resolution No. 2017-50 – Providing for The Submission to the Qualified Voters of the City of Kenai, at its Regular Election of October 3, 2017, the Advisory Question of Whether the City should use General Funds or General Fund Land for the Purchase of or Trade for Airport Land Commonly Referred to as “Lawton Acres”, which is Airport Land Outside the Airport Reserve Constituting Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4, Section 33,T6N, R11W, Seward Meridian. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2017-50. The motion died for lack of a second. 7. Resolution No. 2017-51 – Accepting and Adopting the 2017 Airport Master Plan. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-51. The motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that the document was a good document though some portions were older as it was completed in phases and it was suggested that a supplement be started in approximately three years. VOTE: There was no objection; SO ORDERED. 8. Resolution No. 2017-52 – Amending the Financing Terms and Purchasing Party for the Sale of Tract A, Dragseth Subdivision 2016 Addition, According to the Official Plat Thereof, Under Plat No. 2016-22, Filed in the Kenai Recording District, Third Judicial District, State of Alaska, Including All Improvements Thereon as Previously Approved in Ordinance No. 2957-2017 (Substitute). Page 98 of 169 City of Kenai Council Meeting Page 7 of 13 August 2, 2017 MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017-52. The motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Administration clarified that the terms were being amended to essentially the same as the originally negotiated terms; also clarified that the balloon payment funds would be received for utilizing with the remaining grant funds within the required timeframe for the grant. VOTE: There was no objection; SO ORDERED. 9. Resolution No. 2017-53 – Supporting Kenai Peninsula Borough Ordinance 2017-17, Establishing an 8 Percent Areawide Sales Tax on Temporary Lodging and Providing for an Exemption of up to 4 Percent of the Levy on Temporary Lodging Within the Boundaries of Cities in The Borough that Levy a Similar Sales Tax in Addition to an Existing General Sales Tax, Subject to Approval by the Voters in the Regular Election on October 3, 2017. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2017-53 and the motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing. Bob McIntosh spoke against the resolution, noting he was against the ordinance as it seemed to put the cities at a disadvantage because the language gives the entire levied tax to the Borough if a City didn’t implement its own tax and he didn’t think it was fair. There being no one else wishing to be heard, public comment was closed. It was noted that the borough had amended their ordinance amending the rate. MOTION TO AMEND : Council Member Molloy MOVED to amend the seventh whereas clause to read, “Whereas, this Resolution of support does not obligate the City to enact a bed tax but if a majority of Borough qualified voters approve Ordinance 2017-17 as amended on the October 3, 2107 Kenai Peninsula Borough ballot, then the City must enact its own bed tax in order to participate in the borough- wide rate of 6% with 3% remitted to the City of Kenai,” and the motion was SECONDED by Council Member Navarre. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by replacing the words, “borough- wide rate of 6% with 3%,” with the words, “City’s exemption share in the borough-wide rate,” and the motion was SECONDED by Council Member Knackstedt. Page 99 of 169 City of Kenai Council Meeting Page 8 of 13 August 2, 2017 VOTE TO AMEND THE AMENDMENT: YEA: Knackstedt, Glendening, Gabriel, Pettey, Navarre, Molloy NAY: MOTION PASSED UNANIMOUSLY. UNANIMOUS CONSENT was requested on the motion to amend. VOTE TO AMEND: There being no objection; SO ORDERED. MOTION TO AMEND : Council Member Molloy MOVED to amend by replacing 8% with 6% and 4% with 3% in every other instance in the document and the motion was SECONDED by Council Member Knackstedt. DIVISION OF THE QUESTION: Council Member Navarre required the division of the question with the resolved statement taken separately from the rest of the resolution. A brief at ease was taken for the Acting City Clerk to confer with Council Member Navarre and the City Attorney. After reconvening the meeting, the division of the question and the motion to amend the percentage amounts were withdrawn. MOTION TO AMEND: Council Member Navarre MOVED to amend the fourth whereas clause to read, “Whereas, under the Borough Ordinance, a bed tax rate would be established and would apply to “temporary lodging,” defined as “a service to provide any lodging of less than one month,” and would include motels, hotels, and bed and breakfasts within the City of Kenai,” the fifth whereas clause to delete the first instance of “4%,” replace the words “rate of 8%” with the words, “bed tax,” and replace the second instance of “4%” with “50%,” and the resolved statement by deleting,”8%,” and replacing “4%” with “50%,” and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. VOTE: There was no objection; SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the title by deleting the words, “eight percent,” and by replacing the word “four” with the word “fifty,” and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. VOTE: There was no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the main motion. VOTE ON THE MAIN MOTION: There was no objection; SO ORDERED. Page 100 of 169 City of Kenai Council Meeting Page 9 of 13 August 2, 2017 E. MINUTES 1.*Regular Meeting of July 5, 2017 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS – None. 1. Ordinance No. 2969-2017 – Amending Kenai Municipal Code Title 24 – Municipal Cemetery, to Update Procedures for Development of Cemetery Regulations and Opening and Closing of Graves, and to Provide Regulations in the Cemetery Regulations Appendix for Columbarium Niches, Marker or Headstone Deposits, and Other Housekeeping Changes. [Clerk’s Note: This item was postponed to this meeting from the July 5 meeting. A motion to amend is on the floor.] The amendment motion from the July 5 meeting was read into the record. Due to the Attorney’s suggested amendment, it was requested that the amendment motion be voted down. VOTE ON THE AMENDMENT: YEA: Glendening NAY: Knackstedt, Gabriel, Pettey, Navarre, Molloy MOTION FAILED . MOTION TO AMEND: Council Member Knackstedt MOVED to amend Section 3 by replacing the word “his” with the word “their,” and amending the last sentence to read, “Opening and closing of graves shall be conducted by a contractor or business licensed and insured in the State of Alaska as an embalmer, funeral director or mortuary establishment.” The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There was no objection; SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Knackstedt, Gabriel, Pettey, Navarre, Molloy, Boyle, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2017-43 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Cemetery Fees. [Clerk’s Note: This item was postponed to this meeting from the July 5 meeting. A motion to adopt is on the floor.] MOTION TO AMEND: Page 101 of 169 City of Kenai Council Meeting Page 10 of 13 August 2, 2017 Council Member Knackstedt MOVED to amend by changing the effective date in Section 3 to September 1, 2017 to match the effective date of Ordinance No. 2969-2017. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There was no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the main motion. VOTE ON THE MAIN MOTION: There was no objection; SO ORDERED. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 2973-2017 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. Introduced by the consent agenda and public hearing set for August 16, 2017. 4. *Ordinance No. 2974-2017 – Accepting and Appropriating a Grant from the United States Department of Transportation Passed Through the State of Alaska Department of Transportation and Public Facilities for the Reduction of Fatalities and Injuries on Roadways. Introduced by the consent agenda and public hearing set for August 16, 2017. 5. *Ordinance No. 2975-2017 – Appropriating Funds in the Airport Fund, Accepting a Grant From the Federal Aviation Administration and Appropriating Funds in the Airport Capital Project Fund for the Terminal Building Rehabilitation Project and Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for Design Services. Introduced by the consent agenda and public hearing set for August 16, 2017. 6. *Ordinance No. 2976-2017 – Increasing Estimated Revenues and Appropriations by $15,371 in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Airport Fencing Rehabilitation Project. Introduced by the consent agenda and public hearing set for August 16, 2017. 7. *Ordinance No. 2977-2017 – Amending Kenai Municipal Code Sections 14.20.151 – Application for Conditional Use Permit for Surface Extraction of Natural Resources, 14.20.152 – Review of Application, 14.20.153 – Public Hearing, 14.20.154 – Issuance of Permit, 14.20.155 – Operation, 14.20.156 – Yearly Review, 14.20.157 – Page 102 of 169 City of Kenai Council Meeting Page 11 of 13 August 2, 2017 Termination, 14.20.158 – Amendment or Transfer, to Allow the City Planner to Determine Application Completeness and Making Other Housekeeping Changes. Introduced by the consent agenda and public hearing set for August 16, 2017. 8. *Ordinance No. 2978-2017 – Increasing Congregate Housing Fund Estimated Revenues and Appropriations to Provide Repair and Maintenance Funds That Were Inadvertently Omitted from the Funds FY2018 Budget. Introduced by the consent agenda and public hearing set for August 16, 2017. 9. Action/Approval – Mayoral Nomination and Council Confirmation of Clyde Crandall to the Harbor Commission. MOTION: Council Member Knackstedt MOVED to confirm the appointment nomination of Clyde Crandall to the Harbor Commission. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. Mr. Crandall’s application was read into the record. VOTE: There being no objection; SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; Next meeting August 10. 2. Airport Commission – It was reported that at their July 13 meeting the Commission discussed the Master Plan and recommended its approval; discussed Lawton Acres ordinance and made a recommendation; next meeting August 10. 3. Harbor Commission – It was reported that at their July 10 meeting the Commission met and elected a new Chair and Vice Chair, postponed consideration of the Landscape Site Plan ordinance to August, and discussed the former no wake zone at the mouth of the river; Next meeting August 7. 4. Parks and Recreation Commission – No report; next meeting September 7. 5. Planning and Zoning Commission – It was reported that the Commission approved a plat for the Dragseth property at their July 26 meeting and postponed Hilcorp’s lease application to their next meeting; next meeting August 9. 6. Beautification Committee – It was reported that on July 11 the Parks and Recreation Commission and the Beautification Committee provided a recommendation on the Landscape Site Plan ordinance; next meeting September 12. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Page 103 of 169 City of Kenai Council Meeting Page 12 of 13 August 2, 2017 Mayor Gabriel reported on the following: • Met with the delegation from Kenai’s Sister City, Akita, Japan. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Attended an Economic Development Forum; • Interviewed and hired a Senior Center Director; • Participating in an effort with Stephanie Queen from the City of Soldotna to retain or attract young people; • Finalizing MOU’s with the Kenai Chamber of Commerce on the Eagle Cam feed and selling ads for the Dipnet App; • Reported that initial results showed dipnet fishery revenues were down; • Reported that the comment period for the Bluff Erosion Project was open until July 21 and a majority of the comments had been positive. 2. City Attorney – No Report. 3. City Clerk – J. Heinz reported on the following: • Lifted the conditional protest on Peninsula Botanicals, LLC; • In soft start phase on PEAK Agenda Management and would continue moving forward; • Attended the “How to Run for Local Office” workshop provided by the Kenai Peninsula Borough Clerk and League of Women Voters; • Reported the Candidate filing period for City Council opened on August 1, and continued through August 15. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Vice Mayor Navarre thanked those that testified throughout the process regarding Lawton Acres. Council Member Knackstedt noted it was his 31st Anniversary. Council Member Pettey echoed Vice Mayor Navarre. Council Member Glendening thanked the City Manager and staff on their attention to items on the agenda; noted Alaska’s GDP was down. L. EXECUTIVE SESSION 1. Review and Discussion of Candidates, Interview Questions, and Interview Dates for the City Clerk Position. [AS 44.62.310(C)(2)(3) a Subject that Tends to Prejudice the Reputation and Character of an Applicant and Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential.] Page 104 of 169 City of Kenai Council Meeting Page 13 of 13 August 2, 2017 MOTION: Council Member Molloy MOVED to convene in executive session to discuss candidates, interview questions, and interview dates, for the City Clerk position, a subject that tends to prejudice the reputation and character of an applicant and matters which law, municipal charter, or ordinance are required to be confidential per AS 44.62.310(C)(2)(3) and requested the City Manager be available and the motion was SECONDED by Council Member Navarre. VOTE: YEA: Gabriel, Knackstedt, Navarre, Pettey, Molloy, Glendening NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and noted interview questions were approved; thanked the City Manager for assembling the packets for the interviews. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:35 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 2, 2017. _____________________________ Jamie Heinz, CMC Acting City Clerk Page 105 of 169 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: AUGUST 16, 2017 VENDOR DESCRIPTION PERS PERS PR EMERA HEAL TH INSURANCE INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 92,286.83 VARIOUS LIABILITY 152,588.16 MATURITY DATE AMOUNT Effect. Int. Page 106 of 169 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Jamie Heinz, Acting City Clerk DATE: August 8, 2017 SUBJECT: Marijuana License Renewals The Alcoholic & Marijuana Control Office has sent notification that the following applicants have requested license renewal: Applicant: Red Run Cannabis Cultivators, LLC Owners: Eric Derleth, Marc Theiler and Roger Boyd D/B/A: Red Run Cannabis Cultivators, LLC License Type: Standard Marijuana Cultivation Facility Applicant: Red Run Cannabis Company, LLC Owners: Eric Derleth, Marc Theiler and Roger Boyd D/B/A: Red Run Cannabis Company, LLC License Type: Retail Marijuana Store Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. A review of City accounts has been completed and the applicants have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the request for the renewal of a Standard Marijuana Cultivation Facility License and a Retail Marijuana Store will be forwarded to the Alcoholic & Marijuana Control Office and the applicant. Your consideration is appreciated. Page 107 of 169 "Vt1/llje with a Past, City with a Future" 210 Fidalgo Avenue , Kenai , Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO : David Ross, Police Chief Terry Eubank, Finance Department Scott Bloom, Legal Department Willie Anderson, Lands Management Matt Kelley, City Planner FROM : ~amie Heinz, Acting City Clerk DATE : July 27, 2017 RE: Standard Marijuana Cultivation Facility License Renewal ' 1992 The Alcoholic & Marijuana Control Office has sent notification that the following applicant has applied for renewal of their license: Applicant: Owners : D/B/A: Red Run Cannabis Company , LLC Roger Boyd, Eric Derleth , and Marc Theiler Red Run Cannabis Company , LLC Pursuant to KMC 2 .40 .010 , It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review records maintained by your department (i.e . water and sewer billings , lease/property payment history, citations , etc.) by the above reference applicant and advise if obligations have been met. Mark the appropriate box below. If obl igations have not been met , attach information to this memorandum indicating what obligations are outstanding and how the obligations can be cured. Please let me know if you have any questions . Thanks. 1. Police Department "}. ~ • initials 0 I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The appo/...f:has outstanding obligations and an additional page has been attached. 2 . Finance • initials ~ I have reviewed all records for my department and the applicant is current on ob ligations or obligations do not exist. 0 The applicant has outstanding obligations and an additional page has been attached . 3. Legal 5 ? initials ~I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The applicant has outstanding obligations and an additional page has been attached . 4~ds Management w...t.rinitials ~ I have reviewed all records for my department and the applicant is cu rrent on obligations or obligations do not exist. Orhe applicant has outstl}l)~obligations and an additional page has been attached . 5:.f!;rhning and Zoning JYl "nitials LiJ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outstanding obligations and an additional page has been attached . Returned to Clerk's office : ~ • '2 · 11 ~ Page 108 of 169 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 July 24, 2017 City of Kenai Attn: Sandra Modigh, City Clerk VIA Email: smodigh@kenai.city License Number: 10052 License Type: Standard Marijuana Cultivation Facility Licensee: Red Run Cannabis Cultivators, LLC Doing Business As: RED RUN CANNABIS CULTIVATORS, LLC Physical Address: 5455 Kenai Spur Highway Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@kenaiattorney.com AMCO has received a complete renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under 3 AAC 306.035(c)(2). To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Erika McConnell Director Page 109 of 169 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https:ljwww.commerce.alaska .gov/web/amco Phone : 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications What is this form? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's main office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application . Licensee: Red Run Cannabis Cultivators, LL C I License Number: I 1 0052 License Type: Standard Cultivation Doing Business As: Red Run Cannabis Cultivators, LLC Premises Address: 5455 Kenai Spur Hwy, Suite A City: Kenai I State: IAK I ZIP: 199611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form. I Name: IEric Derleth Section 3 -Changes to Licensed Marijuana Establishment Read each line below, and then sign your initials in the box to the right of only the applicable statement: I certify that no changes have been made, except for those that have been previously reported or requested on a form prescribed by the Board, to this licensed establishment's business name, ownership, licensed premises diagram, or operating plan, and (for marijuana product manufacturers) that I do not wish to request Board approval for production of any new proposed marijuana products. I certify that a change has been or will be made to one or more of the items l isted above for this establishment, and I understand that an additional form(s) and fee(s) must be submitted to AMCO before any renewal application for this license can be considered complete. I ou have selected the second certi 1cation, lease list an and all o the 1ve t [Form MJ-20) (rev 05/01/2017) M.COt JUN 2 7 20 17 11 "" u;FICE STAl°EOF.ALASKA Initials D Page 1 of2 Page 110 of 169 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licens1n g@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications Section 4 -Certifications Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. Sign your initials to the following statement only if you are unable to certify one or both of the above statements: I have attached a written explanation for why I cannot certify one or both of the above statements, wh ich includes the type of offense, as required under 3 MC 306.035(b)(4). Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 MC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. I certify that I understand that providing a false statement on this form, the online application, or any other form provided by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued . Initials Initials D Initials As an applicant for a marijuana establishment license renewal, l declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 MC 306, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all Information required by the Marijuana Control Board in support of this application and understand that failure to do so by any deadline given to me by AMCO staff ~~Uhikl additional fees or expiration of this license. ~ ,,,•'' \E. EL1,s 1 '•,, ~ ,•' .... ~ .................. /2' ,,,, ~~@!ti ..,,,.,.......-"'-·-~ ... ~,..-... ·· .... ~ ~ -----f,'};,/ 0T11b "\7\ =-===-~ ...., ! ~ "''Ty \ Q • __ ........,.._'-"'-~"""'-zg,.=-::...==------ SignatUre of licensee ~ ~ :; € -•-\ rn ~ Notary Public in andfO theStat;of Alaska : : 'm: Er.1c Derleth : ~\di ,()usuG f § \Jo \~Ji e:,*"_.'t'/ ~ f My commi ss i on expires:c'YO ·()\ · C,)c}I~ -:. Cb "· .. ~ OF jl.\.~/ ~<::> ~ e ',, 0 ................ "' .. ... ~ I'll. t: os11J , .... ... 'Ir)? 11 1 9P· ,,, ( 7 Subscribed and sworn to before me this rv day of c .. H1x.1~111111•••'' • 20 __ . Printed name of licensee [Form MJ-20) (rev 05/01/2017) f1ij f??Bff§iID} aji ~ ; JUN 2 7 2017 l Page 2 of 2 Al.C Oi , •W • vl v~FICE SWE OF.ALASKA Page 111 of 169 Alaska Marijuana Control Board Alcoho l and Marij uana Contro l Office 550 W 7t11 Aven ue, Suite 1600 Ancho rage, AK 99501 marijuana.licensing@a laska.gov https:ljwww.commerce.alaska.gov/web/amco Phone: 907 .269 .0350 Form MJ-20: Renewal Application Certifications What is this form? This renewal appl ication certifications form is requir ed for all marijuana establishment l icense renewal application s. Each person sig n ing an applicati on for a marijuan a establishment license must decl are that he/she has read and is familiar w ith AS 17.38 and 3 AAC 306. A person other than a licensee may not have dir ect or i ndirect financia l interest (as defined i n 3 AAC 306.0lS(e)(l)) in the business for wh i ch a marijuana establish ment l icense is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's main office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter informati on for the licensed establishment, as identified on the license application. Licensee: Red Run Cannabis Cultivators, LLC I license Number: 11 0052 License Type: Standard Cultivation Doing Business As: Red Run Cannabis Cultivators, LLC Premises Address : 5455 Kenai Spur Hwy, Suite A City: Kenai I State: IAK I ZIP: 199611 Section 2 -Individual Information Enter informati on for the individual licensee who is compl eting t h is form. I Name: IMarc Theiler Section 3 -Changes to Licensed Marijuana Establishment Read each line below, and then sign your initials in the box to the right of only the applicable statement: Initia l s I certify that no changes have been made, except for those that h ave been previously r eported or requested on a form ~ prescribed by the Board, to this l icensed establishment 's bus in ess n am e, own ers hi p, li censed premises diagram, or ~ operati ng plan, and (for marijua na product manufacturers) that I do not wish to request Board approval for producti on of any new proposed mar ijuana products. I certify that a change has been or will be made t o one or more of the items listed above for this establishment, and D I understand t h at an addition al form(s) and fee(s) must be submitted to AMCO before any renewa l application for this license can be cons idered complete. [Form MJ·201(rev 05/01/2017) Page 1of2 Page 112 of 169 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana .llcensing@alaska .gov https://w ww .commerce.alaska.gov/web/amco Phone: 907 .269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications Section 4 -Certifications Read each line below, and then sign your initials In the box to the right of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civ i l violation of AS 04, AS 17 .38, or 3 AAC 306 i n t he previous two calendar years. Sign your initials to the following statement only if you are unable to certify one or both of the above statements: I have attached a written explanation for why I cannot certify one or both of t he above statements, which includes the type of offense, as required under 3 AAC 306.035(b)(4). Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued. I certify that t his establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other l aw in the state. I certify that I have not violated any restrictions pertaining to t his particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. I certify that I understand that providing a false statement on this form, the online application, or any other form provided by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued. Initia ls Initials D Initials As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and am familiar w ith AS 17.38 and 3 AAC 306, and that this application, inclu,~Jm~.~11), accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by th~~'riC'e~f~f1.tJ',~I Board i n support of this application and understand that failure to do so by any deadline given to me by AMCO ~}~~ . .rEsal~·iQ~~'~al fees or expiration of this license. ~ / f I _,o<A1?1-\ ~ -':-.....~ ~/C>-=-:: : "-: : -~ Signa::-of licensee \ ~ \\oi ..<:>u~~\V ~) ;ota;:-i)iici;andfOrt e State of Alaska ,, 0 ... ;;,, c;:; •• · ~ /;. ) ,,, ':?. · .. /12' OF p..\.~ .. ·· ,, I'> '',,,~.i-s/·................. ,,•'' My commission expires: ~ ~ ~ 'd-/ '',,, 0n Expires ,,,,, I ,,,,,, JIJ u "" \\\\\ Marc Theiler Printed name of licensee ")'[ ~ht Al~ ,...., Subscribed and sworn to before me this-{!JL-day of _ __.~""-'~....,._,....._V .... L..~------'' 20..!._L. [Form MJ -20) (rev 05/01/2017) ~ fi?fr':~,nW~IQ) l JUN 2 7 2017 L. Page 2 of 2 Page 113 of 169 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@afaska.gov https://www .commerce .alaska .gov /web/amco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications What is this form? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license m ust declare that he/she has read and is familiar w ith AS 17.38 and 3 AAC 306. A person other than a l icensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's main office by each licensee (as defined in 3 AAC 306.020{b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for t he licensed establishment, as identified on the license application. Licen see: Red Run Cannabis Cultivators, LLC I License Number: 11 0052 License Type: Standard Cultivation Doing Business As: Red Run Cannabis Cultivators, LLC Premises Address: 5455 Kenai Spur Hwy, Suite A City: Kenai I State: IAK I ZIP: 199611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form. I Name: I Roger Boyd Section 3 -Changes to Licensed Marijuana Establishment Read each line below, and then sign your initials in the box to the right of only the applicable statement: I certify that no changes have been made, except for those that have been previously reported or requested on a form prescribed by the Board, to t his licensed establishment's business name, ownership, licensed premises diagram, or operating plan, and (for marijuana product manufacturers) that I do not w ish to request Board approval for production of any new proposed marijua na products. I certify that a change has been or will be made to one or more of the items listed above for this establishment, an d I understand t hat an additional form(s) and fee(s) m ust be submitted to AMCO before any renewal application for this license can be considered complete. [Form MJ-20) (rev 05/01/2017) r JUN 2 7 2017 l ALCO h I.I L ufFICE STATEQf.ALASKL Initia ls D Page 1of2 Page 114 of 169 Alcohol and Marijuana Control Office 550 W ]th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907 .269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications Section 4 -Certifications Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. Sign your initials to the following statement only if you are unable to certify one or both of the above statements: I have attached a written explanation for w hy I cannot certify one or both of the above statements, which includes the type of offense, as required under 3 AAC 306.035(b)(4). Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the busi ness for which the marijuana establishment license has been issued . I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated i n violation of a condition or restri ction imposed by t h e Marijuana Control Board. I certify that I understand that providing a fal se statement on this form, the on li ne application, or any other form provide d by or to AMCO is grounds for rejection or denial of t his application or revocation of any license issued. Initials Initials D Initials As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 AAC 306, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by ~l;.\e~~~~t(tr~ntrol Board in support of this application and understand that failure to do so by any deadline given to me by AMf<e~~py.r:es(i!~~;.\ional fees or expiration of this license. JI I I j "OTA'?;.\ ~ -===-~ _!:__ ri ~ : s:: : -·-: : __ .____, __ ,.-;H,~~Vl-:J~-----------Signat~lice~s~" \ ~ \IJ'I,... ~UBL \C / j Notary PGblic in and for the State of Alaska ~ q,_ ·. "/ .L'\'"/ .: / a R B d ~ ~ · .. l'~ f::J'·· .: oger oy ,, -~ ·· ... OF ,.,\.~..... .: ..., ->? ~, '',,, .r/0/J···................ ,l' My commission expires: A '74-::>. ' Printed name of licensee 111 •1 E:xpires ,,,"r I Subscribed and sworn to before me this Eday of JbNi:,"'"'" , 20 / /. [Form MJ-20) (rev 05/01/2017) Page2of2 ~{<"~@~i'llE.© .. JU~ 2 11011 \ I cc1r~ Page 115 of 169 "Vt.'/f"e with a Past City with a Future" 210 Fidalgo Avenue, Kenai , Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO : David Ross, Police Chief Terry Eubank , Finance Department Scott Bloom, Legal Department Willie Anderson , Lands Management Matt Kelley, City Planner FROM: ~amie Heinz, Acting City Clerk DATE: July 27, 2017 RE : Retail Marijuana Store License Renewal b!af ,1111.' 1992 The Alcoholic & Marijuana Control Office has sent notification that the following applicant has applied for renewal of their license: Applicant: Owners: D/B/A: Red Run Cannabis Company, LLC Roger Boyd, Eric Derleth, and Marc Theiler Red Run Cannabis Company, LLC Pursuant to KMC 2.40 .010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review records maintained by your department (i.e. water and sewer billings, lease/property payment history, citations, etc .) by the above reference applicant and advise if obligations have been met. Mark the appropriate box below. If obligations have not been met, attach information to this memorandum indicating what obligations are outstanding and how the obligations can be cured . Please let me know if you have any questions. Thanks. 1. Police Department J>.?-r initials 0 I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The app~~has outstanding obligations and an additional page has been attached . 2. Finance '"f, • initials ~I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The ap,Plicant has outstanding obligations and an additional page has been attached . 3. Legal I 2 initials E'.J I have reviewed all records for my department and the applicant is current on obligations or obligations do not exi st. 0 The applicant has outstanding obligations and an additional page has been attached . 4~ds Management \Ar-t#... initials UG I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Uhe applicant has outsftdlng obligations and an additional page has been attached. S~ning and Zoning ~initials 00 I ha ve reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Uhe applicant has outstanding obligations and an additional page has been attached. Returned to Clerk's office : <6 · i. · I 1 ~ Page 116 of 169 Jamie Heinz From: Sent: To: Cc : Subject: Good Morning Jamie, Ring , Katie <kring@kpb.us > Thursday, July 27, 2017 9:53 AM Jamie Heinz Blankenship, Johni Renewal Applications for Red Run Cannabis Company & Red Run Cannabis Cultivators The Kenai Peninsula Borough has reviewed the tax accounts for: Red Run Cannabis Company-10056 & Red Run Cannabis Cultivators -10052 and determined they are in compliance . If you have any questions, please do not hesitate to contact our office. Thanks. Have a great day! ~R~ 13cr~~ Cl«-~ Su.r~y qo7-7:J-4-2.:J-60 1 Page 117 of 169 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 July 24, 2017 City of Kenai Attn: Sandra Modigh, City Clerk VIA Email: smodigh@kenai.city License Number: 10056 License Type: Retail Marijuana Store Licensee: Red Run Cannabis Company, LLC Doing Business As: RED RUN CANNABIS COMPANY, LLC Physical Address: 5455 Kenai Spur Highway Suite B Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@kenaiattorney.com AMCO has received a complete renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under 3 AAC 306.035(c)(2). To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Erika McConnell Director Page 118 of 169 Alcohol and Marijuana Control Office 550 W ]th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licens1ng@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications What is this form? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015{e){1)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.015{a). This form must be completed and submitted to AMCO's main office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified o n the license application . Licensee: Red Run Cannabis Company, LLC I License Number: j 1 0056 License Type: Retail store Doing Business As: Red Run Cannabis Company, LLC Premises Address: 5455 Kenai Spur Hwy, Suite B City: Kenai I State: jAK I ZIP: j99611 Section 2 -Individual Information Enter information for the individ ual licensee who is completing this form. I Name: I Eric Derleth Section 3 -Changes to Licensed Marijuana Establishment Read each line below, and then sign your initials in the box to the right of only the applicable statement: I certify that no changes have been made, except for those that have been previously reported or requested on a form prescribed by the Board, to this licensed establishment's business name, ownership, licensed premises diagram, or operating plan, and (for marijuana product manufacturers) that I do not wish to request Board approval for production of any new proposed marijuana products. I certify that a change has been or will be made to one or more of the items listed above for this establishment, and I understand that an additional form(s} and fee(s) must be submitted to AMCO before any renewal application for this license can be considered complete. [Form MJ-20) (rev 05/01/2017) L JUN 2 7 2011 l IAL CO!k ,,.,,Ju". .., JL UFFICE STATE OF ALASKA --- Initials D Page l of 2 Page 119 of 169 Alcohol and Marijuana Control Office 550 W Jth Avenue, Suite 1600 Anchorage, AK 99501 mar ijuana .licensing@alaska.gov https:Uwww.c ommerce.alaska .gov/web/amco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications Section 4 -Certifications Read each line below, and then sign your Initials in the box to the r ight of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years . I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. Sign your initials to the following statement onlv if you are unable to certify one or both of the above statements: I have attached a written explanation for why I cannot certify one or both of the above statements, which includes the type of offense, as required under 3 AAC 306.035(b)(4). Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal appl icat i on has a direct or indirect financial interest, as defined in 3 AAC 306 .0lS(e)(l), in the business for which the marijuana establishment license has been issue d. I certify that this establishment complies with any applicable hea lth, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that I have not violated any restricti ons pertaining to this particular l icense type, and that this license has not been operated i n violation of a cond ition or restriction imposed by the Marijuana Control Board. I certify that I understand that providing a false statement on this form, the on line application, or any other form provided by or to AMCO is grounds for rejection or denial of this application or revocation of any l icense issued . Initia ls Initials D In itia ls As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and am familiar wit h AS 17.38 an d 3 AAC 306, and that this application, includ i ng all accompanying schedules and statements, is true, co rrect, and complete. I agree to provide all information required by the Marijuana Control Board in support of this application and understand that failure to do s~oy an deadline given to me by AMCO staff may,f~Hlt in additional fees or expiration of this license. ,,,,,, ,,,,,, --Q?; .......... --:._~,~-.. ~·~.~s;···,,, ~~U ,___.,... • ~ ... _)r,.'f-•• ••• ••• •• ,A_~ --------.. ~-.. ·. -~ , . f Q. ./ 0 TA \. -y \ -::oic:::..-=-=~-.541'-'"--~'Hb......,==------ Signature of licensee ff /:: f ~ ly J-\ % ~ Notary Public in and for the State of Al aska -(/) . -·-. -• : : ,¢ :m: Enc Derleth \ ~ \~;. lts L \V ~/ J My commission expires: oa ·O \. ()'):) t'P -;. J. "·."">-: c::,*:.·· ~ :: e Printed name of licensee I -::., 00 " ... ~ OF 1>-'-:':.·"· ~<:::> .l d ~ .............. "' .. .. ~ ') S' '»;,. ~-O~\\) ,,,.. I -J Subscribed and sworn to before me this _<" __ .::>day of Clf.~ ...... ''''' . 20_1__/.... [Form MJ-20) (rev 05/01/2017) ~ fF SZ If! n~vrR.: lt!J [JUN 2 7 2017 J lALCOh 1.. """ J v ,; "' d UfF ICE ·---.::!.S.;;:TA!.!..!TE OF ALASKA Page 2 of 2 Page 120 of 169 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana .licens1ng@alaska.gov https://www.commerce .alaska.gov/web/amco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications What is this form? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment l icense must declare that he/she has read and is familiar with AS 17 .38 and 3 AAC 306. A person other than a licensee may not have direct or in direct financial interest (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's main office bv each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application . Licensee: Red Run Cannabis Company, LLC I License Number: 11 0056 License Type: Retail store Doing Business As: Red Run Cannabis Company, LLC Premises Address: 5455 Kenai Spur Hwy, Suite B City: Kenai I State: !AK I ZIP: 199611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form . I Name: I Marc Theiler Section 3 -Changes to Licensed Marijuana Establishment Read each line below, and then sign your initials in the box to the right of only the applicable statement: I certify that no changes have been made, except for those that have been previously reported or requested on a form prescribed by the Board, to this licensed establishment's business name, ownership, licensed premises diagram, or operating plan, and (for marijuana product manufacturers) that I do not wish to request Board approval for production of any new proposed marijuana products. I certify that a change has been or will be made to one or more of the items listed above for this establishment, and I understand that an additional form(s) and fee(s) must be submitted to AMCO before any renewal application for this license can be considered complete. ., [Form MJ-20) (rev 05/01/2017) I I l\LC I •1->'1r . .JI -___ _:ATE Or Att,SKA ~ UFFICE -- Initials D Page 1of2 Page 121 of 169 Alcohol and Marijuana Control Office 550 W 7th Avenue, Su ite 1600 Anchorage, AK 99501 marijuana.licens1ng@alaska.gov https:ljwww.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications Section 4 -Certifications Read each line below, and then sign your initials In the box to the right of anv applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. Sign your initials to the following statement onlv if you are unable to certify one or both of the above statements: I have attached a written explanation for why I cannot certify one or both of the above statements, whi ch includes the type of offense, as required under 3 AAC 306.03S{b)(4). Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306 .0lS(e)(l), in the business for which the marijuana establishment license has been issued . I certify that this establishment complies w ith any applicable hea lth, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. I certify that I understand that providing a false statement on this form, the online application, or any other form provided by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued . Initials Initials D Initials As an applicant for a marijuana establishment license renewal , I declare under penalty of unsworn falsification that I have read and am fami liar with AS 17.38 and 3 AAC 306, and that thi s application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Marijuana Control Board in support of this application and understand that failure to do so by any deadline given to me by AMCO staff ~t'e~Urt1in,sidditional fees or expiration of this license. ,,•''r. DcRl.c-.'',,, .l'«:'::. v_ ...................... ~ ;>-,,,, ~761 ' $ «; ..... · ··· ... ~ "''; ~ , .:-,.. oiAL"> \ ~ ---~ :' ~ 'T }-·. ·::-· --~'---_..::. __ ..__ ________ _ Signature of licensee ~ ( -•-\ 3'-Jotary Public in and for the State of Alaska M Th 'I ~ ~ \ '°Us\..\v .J J -1 } arc el er ~ CJ \~.>-e:,*_'5: f My commiss i on expires: R/Z'~ Z.J ,, ':?. ·:Jr~ !>-'-~··· ~ I Printed name of licensee ,,,, '?,>,.$ ·• ...... E!.~ ......... ·· ./ '' St(, ,, --=:~~f:i":~~'!"'!""~-::;::;:i~,,,,, n Expires ,,,,, Subscribed and sworn to before m e~¢A~@j <1 1~{:111111'"' , 2o_ll. [Form MJ-20) (rev 05/01/2017) 2 7 2017 Page 2 of2 I ALCOH .., '" 11Ju,., ul OFFIC E STATE OF ALASKA Page 122 of 169 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana .licens1ng@alaska.gov https :ljwww.commerce .alaska.gov/web/amco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications What is this form? This renewal application certifications form i s required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's main office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application. Licensee: Red Run Cannabis Company, LLC I License Number: 11 0056 License Type: Retail store Doing Business As: Red Run Cannabis Company, LLC Premises Address: 5455 Kenai Spur Hwy, Suite B City: Kenai I State: jAK I ZIP: 199611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form. I Name : I Roger Boyd Section 3 -Changes to Licensed Marijuana Establishment Read each line below, and then sign your initials in the box to the right of only the applicable statement: I certify that no changes have been made, except for those that have been previously reported or requested on a form prescribed by the Board, to this licensed establishment's business name, ownership, licensed premises diagram, or operating plan, and (for marijuana product manufacturers) that I do not wish to request Board approval for production of any new proposed marijuana products. I certify that a change has been or will be made to one or more of the items listed above for this establishment, and I understand that an additional form(s) and fee(s) must be submitted to AMCO before any renewal application for this license can be considered complete. [Form MJ-20) (rev 05/01/2017) [ JUN 2 7 20 17 IALCOH tU•IJU.•. Jl uFFICE. 1 _STATE OF ~l~- Initials D Pagelof2 Page 123 of 169 Alcohol and Marijuana Control Office 550 W ]th Avenue, Suite 1600 Anchorage, AK 99501 manjuana.licensing@alaska.gov https:ljw ww .commerce .alaska .gov /web/a mco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications Section 4 -Certifications Read each line below, and then sign your Initials in the box to the right of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years . I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. Sign your initials to the following statement only if you are unable to certify one or both of the above statements: I have attached a written explanation for why I cannot certify one or both of the above statements, which includes the type of offense, as required under 3 AAC 306.035(b)(4). Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued . I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. I certify that I understand that providing a false statement on this form, the online application, or any other form provided by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued. In itials Initials D Initials As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and am fami lia r with AS 17.38 and 3 AAC 306, and that this application, includi,~/Mln,~fcompa nying schedules and statements, is true, correct, and complete. I agree to provide all information required by the .~'1lj~~tffiJtroJ, Board in support of this application and understand that failure to do so by any deadline given to me by AMCO sta{tb;i'!lyr,estrltifl.a'.~dltl&qal fees or expiration of this license . .:-1.t.t'<:" •. ..~~ ,. -~ d2 AJ_ { (~o~:F/r ·) '\_.~372b Sig~s~" ~~ \U> J:>UB\..'v ~/ N!taryPublicinandfortheStateofAlaska ~ 0 ... 1-~... i ~ B d -:. o_,,. ··.'1)',.. ""~/ ,, ~ Roger Oy 1,,, "?n... ••• ••• ~ OF r,..·· ~ --, f~ '',,, '"'.s-·S'J(:i .......... :··· ,,•''My commission expires: !!<,°'~ ''• '/J Expir e"' ,,, Printed name of licensee ,,,,,,,,,.,,, "'''''\' Subsc r ibed and sworn to before me this~ day of __ r---~.j""-_11........_tN-""_f. ___ ~, 20£1_. [Form MJ-20) (rev 05/01/2017) \1'Hr 1 ra .. m1 MW~ [QJ l JUN 2 7 20 17 1 1 ALC OH "" Ji.;,. .iL OFFICE 1 C:TATi: ni: Al AC:.K A Page 2 of2 Page 124 of 169 Jamie Heinz From: Sent: To: Cc : Subject: Good Morning Jamie, Ring , Katie <kring@kpb.us > Thursday, July 27, 2017 9:53 AM Jamie Heinz Blankenship, Johni Renewal Applications for Red Run Cannabis Company & Red Run Cannabis Cultivators The Kenai Peninsula Borough has reviewed the tax accounts for: Red Run Cannabis Company-10056 & Red Run Cannabis Cultivators -10052 and determined they are in compliance . If you have any questions, please do not hesitate to contact our office. Thanks. Have a great day! ~R~ 13cr~~ Cl«-~ Su.r~y qo7-7:J-4-2.:J-60 1 Page 125 of 169 llie &i!y of, KENAI, ALASKA "V Sponsored by: Council Members Molloy and Boyle CITY OF KENAI ORDINANCE NO. 2979-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.330 STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS , TO CHANGE HOW BUFFER DISTANCES ARE MEASURED FROM COMMERCIAL MARIJUANA ESTABLISHMENTS TO POST-SECONDARY SCHOOLS , RECREATION OR YOUTH CENTERS, CHURCHES, CORRECTIONAL FACILITIES, AND SUBSTANCE ABUSE TREATMENT FACILITIES AND APPROVING A POLICY TO PROVIDE GUIDANCE IN MEASURING PEDESTRIAN ROUTES. WHEREAS, after numerous work sessions and public hearings before the Planning and Zoning Commission and Council , the Council enacted Ordinance No. 2870-2016, regulating Commercial Marijuana Establishments within the City on January 20 , 2016; and , WHEREAS, in the Ordinance the Council adopted buffer distances and means of measurement for the permissible location of Commercial Marijuana Establishments that generally exceeded minimum State requirements and met or exceeded federal guidance ; and , WHEREAS , after approximately one year, experience in administering the City's new regulations indicate that amendments to the measurement methods of buffer distances are needed to avoid unintended application and allow for the reasonable location of Commercial Marijuana Establishments within the City consistent with state and local concern; and , WHEREAS, maintaining a 1,000 foot lineal buffer between Commercial Marijuana Establishments and primary and secondary schools continues to provide sufficient separation for such schools within the City, while allowing for a more lenient and flexible measurement based on pedestrian routes for other property uses of concern from which Commercial Marijuana Establishments are buffered from , allows for a practical and reasonable approach that will make more land available for Commercial Marijuana Establishments; and , WHEREAS, a minimum 200 foot lineal buffer measurement provides a safeguard to ensure that measurements utilizing pedestrian routes do not result in unintended proximity between Commercial Marijuana Establishments and uses buffered from; and , WHEREAS, approving a policy providing detailed guidance on how pedestrian routes are measured is intended to minimize confusion and ambiguity while providing direction to applicants, the public and reviewing authorities. 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 Underlin ed ; [DELETED TEXT BRACKETED] Page 126 of 169 Ordinance No . 2979-2017 Page 2 of 3 Section 2 . Amendment of Section of the Kenai Municipal Code : That Kenai Municipal Code, Section 14.20.330(f) -Standards fo r Commercial Marijuana Establishments, is hereby amended as follows : (f) No [PORTION OF A PARCEL UPON WHICH ANY] Commercial Marijuana Establishment [IS LOCATED] shall be permitted within the following buffer distances: (1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any vocational programs, post-secondary schools including but not limited to trade , technical , or vocational schools, colleges and universities, recreation or youth centers , correctional facilities, churches , and state licensed substance abuse treatment facilities providing substance abuse treatment.:.[; AND,] [(2)] A. Primary and Secondary Schools : Buffer distances shall be measured as the closest lineal d istance from the perimeter of a stand-alone [C]Commercial [M]Marijuana [E].!;.stablishment structure to the outer boundaries of the primary or secondary school[,L B. Other Land Uses : Buffer distances shall be measured as the closest lineal distance from the perimeter of a stand-alone Commercial Marijuana Establishment structure to the outer boundaries of the post-secondary schools including but not limited to trade. technical. or vocational schools . colleges and un iversities recreation or youth center, or the main public entrance of a church , correctional facility, or a substance abuse treatment facility providing substance abuse treatment unless the closest lineal distance is greater than 200 feet and less than 500 feet and crosses a maintained dedicated public right-of-way. in which case the distance shall be measured by the shortest legal and practical pedestrian route as further defined in Council Policy No. 2017-03. The Planning Department's measurement of the shortest legal and practical pedestrian route shall be presumptively valid. and shall only be overturned if it is found to conflict with law. or be unreasonable in light of Counci l Policy No 2017 -03 . C. If the [C]Commercial [M]Marijuana [E].!;_stablishment occupies only a portion of a structure , buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the [C]Commercial [M]Marijuana [E].!;.stablishment from other uses , or ava ilable uses in the structure , or an exterior wall if closer, to the outer boundaries of the school , recreation or youth center, or the main public entrance of a church , [OR] correctional facility[,] or [A] substance abuse treatment facility providing substance abuse treatment. Section 3. Council Policy No . 2017-03 , A Policy Providing Guidance on the Measurement of Pedestrian Routes for Commercial Marijuana Establishment Buffer Distances , is hereby approved as atta c hed hereto . Any future amendments to Policy No . 2017-03 may be approved by Council Resolution . Section 4. Severabili ty : That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction , such judgment shall be confined in its operation to t he part, provision , or app lication 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 c ircumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or appl ication . New Text Und erli ned; [DELETED TE XT BRA CKETED] Page 127 of 169 Ordinance No . 2979-2017 Page 3 of 3 Section 5. Effective Date: That pursuant to KMC 1.15 .070(f), th is ordinance shall take effect 30 days after adopt ion . ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 20th day of September, 2017. ATTEST: City Clerk BRIAN GABRIEL SR, MAYOR Introduced : August 16, 2017 Enacted : September 6, 2017 Effective : September 20, 2017 New Text Underl in ed ; [DE LE TE D TEXT B RACKETED] Page 128 of 169 POLICY NO. 2017-03: A Policy Providing Guidance on the Measurement of Pedestrian Routes for Commercial Marijuana Establishment Buffer Distances Purpose The purpose of this policy is to provide guidance on how "the shortest legal and practical pedestrian route " is to be measured for purposes of buffer distances between Commercial Marijuana Establishments and other land uses, as referenced in KMC 14 .20.330(f). Scope This policy is intended to provide guidance to applicants for Commercial Marijuana Establishment licenses , the public, and reviewing authorities including but not limited to the City Planner, Planning and Zoning Commission , Board of Adjustment and any reviewing court. Policy The shortest lega practical pedestrian route is to be determined as follows: • From the main entrance of the Commercial Marijuana Establishment the route shall be as direct as possible to the outer boundaries of the post-secondary schools including but not limited to trade, technical , or vocational schools, colleges and universities recreation or youth center, or the main public entrance of a church , correctional facility, or a substance abuse treatment facility providing substance abuse treatment -this may not necessarily be the most common walking route. The route may pass through a parking lot and does not have to be on a pedestrian facility , even if one is provided . Temporary obstructions , such as parked cars, shall not be cons idered obstructions . Narrow permanent fixtures , such as light poles and single trees , shall not be considered obstructions. Larger permanent and semi-permanent obstructions, such as buildings , fixed dumpster enclosures , clumps of bushes , impassible clumps of trees , and the like shall be considered obstructions and the measured route shall go around them . • Except for perimeter fencing, obstructions may not be constructed on the lot of the Commercial Marijuana Establishment in order to create a longer pedestrian route. • Semi-permanent obstructions on the Commercial Marijuana Establishment lot that pre-exist the application , such as fences , sheds , or landscaping, may be required to be maintained for the life of the Commercial Marijuana Est ab Ii sh men t , if the obstruction creates a significant and meaningful change to the measurement of the pedestrian route . • Once the public right-of-way is reached , the route shall remain within public property up to the closest lot line of the protected land use (or the edge of a playground or athletic field , including abutting parking lots) or ma in public entrance as applicable. The route shall not trespass through any private property. The route may pass through municipal parks or other municipal lands , so long as such lands are not leased to and under the control of another entity. Page 129 of 169 Kenai City Council Policy No . 2017-03 • Where a sidewalk in the right-of-way is provided , the route shall be measured along the path of the sidewalk. Where no sidewalk is provided , the route shall be measured along the edge of the street. The route shall cross streets as follows : • The route shall cross at right angles to the curb or by the shortest route to the opposite curb. • The route shall never be across controlled access streets, over or through fenced restrictions , or at locations prohibited by a traffic control device. Exceptions must be specifically signed or marked for pedestrian access. • The route shall comply with all state and City legal requirements regard ing pedestrian crossings. The Planning Director shall determine the shortest practicable pedestrian route. Effective Date : Approved By Ordinance 2017-2979 BRIAN GABRIEL SR., MAYOR ATTEST: City Clerk Page 2 of 2 Page 130 of 169 tlr~u't)to(, KENAl~LASKA ~ "Vil/aye with a Pas~ City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: Mayor Gabriel and Council Members Council l\'lembers Boyle and Molloy August 9, 2017 SUBJECT: Ordinance No. 2979-2017, Amending KMC 14.20.330 (to Amend the Measurement Methodology for Buffer Distances), And Approving A Policy To Provide Guidance In Measuring Pedestrian Routes On January 20, 2016, after numerous work sessions and public hearings before the Planning and Zoning Commission and Council, the Council enacted Ordinance No . 2870-2016, regulating Commercial Marijuana Establishments within the City. Since then, experience in administering the City's regulations indicated that amendments to the measurement methods of buffer distances were needed to avoid unintended application and to allow for the reasonable location of Commercial Marijuana Establishments within the City. The effect of this ordinance is to amend the measurement methodology of buffer distances (other than for primary and secondary schools) by allowing for a pedestrian route measurement, as opposed to a lineal crow flies measurement, where the distance from a Commercial Marijuana Establishment ("CME") to the other land use (from which the CME is buffered) is greater than 200 linear feet and crosses a maintained dedicated public right-of-way. The City Manager, City Attorney, and City Planner drafted proposed Policy No. 2017-03, using a policy adopted by the Municipality of Anchorage as a starting point, modified for City of Kenai. This policy will provide guidance to applicants for Commercial Marijuana Establishment licenses, the public, and reviewing authorities including but not limited to the City Planner, Planning and Zoning Commission, Board of Adjustment and any reviewing court, on how "the shortest legal and practical pedestrian route" is to be measured for purposes of buffer distances between Commercial Marijuana Establishments and other land uses . After introduction on 8/16/17 and a first public hearing at Council's 9/6/17 meeting, Council at the 9/6/17 meeting could postpone Ordinance No. 2979-2017 (together with its Policy No. 2017- 03) for a second public hearing at Council's 10/04/17 meeting, and refer Ordinance No . 2979- 2017 to the Planning and Zoning Commission, with the Planning and Zoning Commission to provide Council with the Commission's recommendations for Council's 10/04/17 meeting. In the interim, the Planning and Zoning Commission will have two (2) meetings, on 9/13/17 and 9/27/17, and could have discussions and hold a public hearing before making recommendations to Council for Council's 10/04/17 meeting. We respectfully request Council's support of this ordinance and policy. Page 131 of 169 'ti/ff ate «J/t~ a Pa.f~ e'ti «Jt't~ a Fu.tfl.l"e II 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council City Attorney, Scott M. Bloom 5 f7 August 9, 2017 Commercial Marijuana Establishment Buffers/Ordinance No. 2979-2017 Ordinance No. 2979-2017 sponsored by Council Members Molloy and Boyle liberalizes the existing restrictions on where Commercial Marijuana Establishments can be located in certain circumstances while maintaining existing strict buffer distances for such establishments in relation to primary and secondary schools. The Ordinance amends the measurement methodology of buffer distances (other than for primary and secondary schools) by allowing for a pedestrian route measurement, as opposed to a lineal crow flies measurement, where the distance from a Commercial Marijuana Establishment to the use buffered from , is greater than 200 linear feet and crosse s a maintained dedicated public right-of-way. The proposed Ordinance complies with minimum state requirements for measuring buffers and state and federal laws relating to drug free school zones. The proposed methodology of measurement likewise does not appear to conflict with federal guidance related to state legalized marijuana and is similar in its most liberal application to methodology utilized by the state and other municipalities in Alaska including Anchorage . The proposed measurement methodology, allowing for a buffer measurement based on the shortest legal and practical pedestrian route is arguably open to some interpretation . For this reason, the Ordinance proposes to make the measurement established by the City 's Planning Department presumptively valid and additionally adopts Policy No . 2017-03 for the purpose of providing more detailed guidelines for measurement. The presumption in favor of the Planning Department's measurement means that if there is more than one way to measure the applicable pedestrian route, the route measured by the Planning Department will stand over other measurements proposed by other parties (applicants for conditional use permits, or those opposed) as long as the Planning Department's methodology is reasonable and complies with the law. Policy No. 2017-03 provides more detailed guidance on how to measure pedestrian routes and borrows heavily from rules established by the Municipality of Anchorage that has already applied and modified pedestrian route measurement methodologies. Page 132 of 169 lhuityo/, KENAI, ALASKA "V' CITY OF KENAI ORDINANCE NO. 2980-2017 Sponsored by: Admin istration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THAT LOT 9, BLOCK 8, ORIGINAL TOWNSITE OF KENAI, ACCORDING TO PLAT NO. K-2970 , LOCATED WITHIN SECTION 5, TOWNSHIP 5 NORTH. RANGE 11 WEST, SEWARD MERIDIAN , ALSO KNOWN AS 612 INLET STREET, KENAI, ALASKA, WHOSE LAST RECORDED OWNER UNDER BOROUGH ASSESSMENT RECORDS WAS BILLY A MCCANN , PO BOX 92, KENAI , ALASKA, SHALL BE RETAINED BY THE CITY OF KENAI FOR A PUBLIC PURPOSE. WHEREAS , the City has identified parcels of property foreclosed upon by the Kenai Peninsula Borough for unpaid real property taxes that will serve a public purpose to the City; and , WHEREAS, the subject parcel is Lot 9, Block 8, Original Townsite of Kenai, According to Plat No. K-2970 , also known as 612 Inlet Street, Kenai , Alaska; and , WHEREAS, the subject parcel is further identified as Kenai Peninsula Borough Parcel Number: 047-074-08; and, WH EREAS , on the City of Kenai paid the outstanding ba lance for property taxes in the amount of $342.60 of which $327.54 relates to Kenai Pen insu la Borough taxes and interest and the remaining $15 .06 relates to City of Kenai taxes and in terest; and, WHEREAS, on the Kenai Peninsula Borough conveyed Lo t 9, Block 8, Original Townsite of Kenai , According to Plat No. K-2970 to the City of Kenai by quitclaim deed; and, WHEREAS. the City of Kenai desires to retain the above-referenced tax-foreclosed property for public purposes, including as a staging area to support bluff eros ion control measures and , la ter for parks and recreation purposes; and , WHEREAS, AS 29.45.460 requires that the City determine by ordinance whether a tax- foreclosed property shall be retained for a public purpose and shall provide the former reco rd owner. by certified mail, notice of the public hearing on that ord inance ; and , WH EREAS , on the City Clerk set a copy of the publicized notice of the hearing on this ordinance to the last record of the property owner as the name appears on the Borough assessment rolls by certified mail ; and, WHEREAS. after passage of an ordinance declaring the City 's retention of a tax-foreclosed property for a public purpose, the right of the former record owner to repurchase the property ceases. NOW , THEREFORE . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENA I. ALASKA, as follows: New Text Unde rlined; [DELETED TEXT BRACKETED ] Page 133 of 169 Ordina n ce N o . 2 980 -2 01 7 Page 2of 2 Section 1. Form: That this is a non-code ordinance. Section 2. That Lot 9 , Block 8, Original Townsite of Kenai, according to Plat No . K-2970, located within Section 5, Township 5 North, Range 11 West, Seward Merid ian, also k nown as 612 Inlet Street, Kenai , Alaska , whose last recorded owner under borough assessment records was Billy A Mccann, PO Box 92 , Kenai , Alaska , is hereby reta ined by the City of kenai for a public purpose . 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, provis ion , or application directly in vol ved in all controversy in which this judgment shall ha ve 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 11. Effective Date : That pursuant to KMC 1.15.070(f), this ord inance shall take effect 30 days after adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, t his 5 th day of September, 2017. ATTEST: Jamie Heinz, Acting City Clerk BRIAN GABRIEL SR., MAYOR Introduced : August 16 , 2017 Enacted : Septe m ber 6 , 20 17 Effecti ve: October 6, 2017 New T ext Underli ned; [DELETED T EXT BRACKETED] Page 134 of 169 KPB Parcel No: 047-07 4-08 Owner: Kenai Peninsula Borough Former Owner: Billy A McCann Acreage: .35 Acres Assessed Value: $600.00 Legal: Lot 9, Block 8, Original Townsite of Kenai Zoning: Townsite Histroic ·•· s ~ KENAI~ 0 50 100 200 Feet Page 135 of 169 A L A 2017 -003943-0 S Recording District 302 Kenai ~ 06/0512017 10:47 AM Page 1 of 5 ~11~1m1~1~11111111~m1~~m111~1~1111~~1m111m1~mm 1~ IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDIClAL DISTRICT AT KENAI ) ) ) IN RE: KENAI PENINSULA BOROUGH FORECWSURE OF 2014 DELINQUENT REAL PROPERTY TAX LIENS AND SPECIAL ASSESSMENTS ) _________________ )Case No. 3KN-15-144CI CORRECTED CLERK'S DEED In the matter of foreclosure of delinquent tax liens and special ass.essments by the Kenai Peninsula Borough, Soldotna, Alaska, for the year 2014 and prior lien years, I, De j tdY& 1 Ch eeK_clerk of the Superior Court for the State of Alaska, Third Judicial District, 125 Trading Bay Drive, Suite IOO, Kenai, Alaska 99611, pursuant to the provisions of AS 29.45.450, do hereby convey to the KENAI PENINSUL A BOROUGH, an Alaska municipal corporation, 144 N. Binkley Street, Soldotna, Alaska 99669, all right, title and interest in the properties in the area of the Kenai Peninsula Borough, Kenai Recording District, and not redeemed as provided by law, which properties are described as follows : Lot Sixteen (16), Block Fourteen (14), AURORA HEIGHTS SUB BWCKS 5, 6, 7, 8, 12, 13, & 14, Plat No. K-1510, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01206036) Lot Thirteen (13), Block Three (3) FOREST SUB PART TWO, Plat No . 82-104, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01241027) 3KN-IS-144CI / Corrected Clerk's Deed -2014 taxes Kenai Recording District Page I of5 Page 136 of 169 • • Lot Three (3), MOOSE RUN ESTATES SUB, Plat No. 84-51 , Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01369003) Lot Eighteen ( 18), SPRUCE HA VEN EST A TES _SUB, Plat No. 75-59, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01524010) Lot "C", One (CJ), MERRYWOOD SUB TICEN REP LAT, Plat No. 2013 - 127, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 0171201 l) Lot Twelve "A", (12-A), STIERS SUB, Plat No. 87-26, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01713043) That portion of U.S. Government Lot 39, within Section 14, Township 6 North, Range 12 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska, which lies West of Westerly right-of-way line of North Kenai Road Highway (KPB PIN 01714022) Government Lot Fifty-seven (57). Lying West of North Kenai Road in Section 23, Township 6 North, Range 12 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01719001) Lot Six (6), LOWER SALAMATOF LAKE SUB, Plat No. K-1532, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 01727006) Lot Ninety-seven (97), GRAY CLIFF SUB, Plat 82-80, Kenai Recording District, Third Judicial District. State of Alaska (KPB PIN 02525014) Lot Two-hundred (200), MOOSE POINT SUB, Plat No . 84-65, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 02544509) Lot Twenty-four (24), Block One ( 1 ), BUSH LANES SUB, Plat No. K-1018, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 03902113) 3KN-15-144Cl/ Corrected Clerk 's Deed -2014 taxes Kenai Recording District Page 2 of5 l1llMHIH~~ll lmll l1:~~1 llBIJJ~ Page 2 ors 2017 -003943-0 Page 137 of 169 • • Lots Seventeen (17) and Twenty (20), Block Eight (8), BLACK GOLD ESTATES SUB, AMENDED, Plat No. K-1399, Kenai Recording District, Third Judicial District, State of Alaska (KPB PINS 03904012 and 03904015) Lot Nine (9), Block Eight (8) ORIGINAL TOWNSITE OF KENAI, US SURVEY 2970 A and B, Plat No. K-2970, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 04707408) Lots Twenty-nine {29) and Thirty (30), Block Nine (9), CASTAWAY COVE SUB AMENDED, Plat No. 84-140, Kenai Recording District, Third Judicial District, State o f Alaska (KPB PINS 05525334 and 05525335) Tract "D" Two (0-2), ML STEWART HOMESTEAD KING COUNTRY ADDITION REPLAT, Plat No. 91-63, Kenai Recording · ·District, Third Judicial District, State of Alaska (KPB PIN 05766038) A parcel ofland located in the NE1 /4NE1/4 and Government Lot 6 in Section 22, Township 5 North, Range 9 West, Seward Meridian, which is bounded by the North-South Section Line common to Sections 22 and 23 and Lot 19 in Block 3 of Pine Bluff Subdivision, Plat No. 85-144 and Lot 18A and Tract A-1 of Pine Bluff Subdivision No Two, Plat No. 88-78 and a portion of Fields Road and also being a portion of V. Enberg Property shown in Survey Plat K-1439 and a portion of Tract E as shown on Pine Bluff Subdivision No Two, Plat No. 88-78 and referenced as Note 4 on said plat : Excepting therefrom the following described parcel described in Book 49 of Deeds at page 261 and more particularly described as follows: A parcel ofland located within the NE 1/4 of Sec. 22, T. 5 N., R . 9 W., Seward Meridian Kenai Recording District, Third Judicial District, State of Alaska, more particularly described by metes and bounds as: Beginning at a point on the East Section line of Sec. 22, from which the comer of Sections 14, 15, 22 and 23 , T. 5 N., R. 9 W., S.M. Bears N. 0°02'30" W ., 1193.39 ft., said point being the true point of beginning; thence West 269.80 ft.; thence along a curve to the left, with an arc dist. of 58.56 ft., having a radius of 27 .30 ft. and a delta angle of 90°00'; thence South 69.90 ft .; thence along a curve to the left, with an arc dist. of 58 .56 Ft. having a radius of 37.30 ft., and a delta angle of 90°00'; thence East 269.80 ft .; thence N. 0°02'30" W., 144.50 ft. to the point of beginning ... (KPB PIN 06315056) 3KN-15-144CI/ Corrected Clerk's Deed -2014 ta~es Kenai Recording District Page 3 of5 ~~1n1~~1um1111:J~,1:1111rn~ Page 3 or 5 2017-003943-0 Page 138 of 169 • • Lot Eight (8), BRITTELL SUB 1999 ADON, Plat No. 99-93, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 06387039) Lots Forty-three (43), Forty-four (44), and Forty-five (45), Block Fourteen (14), GREGORY SUB ADON NO 6, Plat No. 74-54, Kenai Recording District, Third Judicial District, State of Alaska (KPB PINS 06544043, 06544044,06544045) Lot Eight (8), Block One (I), POAGE SUB, NO. l, Plat No. 79-161, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 06643019) Lot One" A" (lA), Block "E", LUPINE SUB NO 2, Plat No. 84-296, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 06644401) Lot Six (6), SALMON BERRY ACRES SUB, Plat No. 82-85, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 06647006) Government Lot Eight (8), of Section 9, Township 3 North, Range 12 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 13301008) Lot Six (6), EAST COHOE SUB, Plat No. 84-238, Kenai Recording District, Third Judicial District, State of Alaska (KPB PIN 13307306) This instrument is executed without covenants of any character, express or implied, and the execution thereof shall not in any circumstances impose any liability on the undersigned. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Superior Court for the State of Alaska, Third Judicial District, this ~D day of /VJatj 2017. 3KN-15-144CI/ Corrected Clerk's Deed -2014 taxes Kenai Recording District Page4 of5 CliYtlu~ f1\tl\l-tll~ltfl\\\\1~~llU8l\~ Page 4 of 5 2017 -003943-0 Page 139 of 169 • ST A TE OF ALASKA THIRD JUDICIAL DISTRICT ACKNOWLEDGMENT ) )ss . ) Record in KENAI recording district Return document to : Kenai Peninsula Borough Legal Department 144 N. Binkley St. Soldotn~ AK 99669-7520 3KN-l5-l44CI/ Corrected Clerk's Deed -2014 taxes Kenai Recording District Page 5 of5 • ·.-·:: -.. . 1111.~rn :1111~.~.1111m1:11 111111,m1i1~ Page 5 of 5 2017 -003943-0 Page 140 of 169 TO: THROUGH : FROM: DATE: SUBJEC T : 'Vttf a;-e-«1/t~ a PaiS'~ Ct'tj «1/t~ a rat~ II 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager po. Matt Kelley, City Planner A( August 9, 2017 Ordinance No. 2980-2017 The purpose of this communication is to provide information to the City Council regarding Ordinance No 2980-2017, which is written to declare that ta x-foreclosed parcel , Lot 9, Block 8, Original Townsite of Kenai , According to Plat No. K-2970 , Located within Section 5, Township 5 North, Range 11 West, Seward Meridian , also known as 612 Inlet Street is needed for a public purpose . The subject parcel will be used to support bluff erosion control measures and, later for parks and recreation purposes. Alaska Statue (AS) 29.45.460 requires a determination to reta in ta x-foreclosed property for public purposes by ordinance . This ordinance addresses the requirements of state statue designed , in part to protect the rights of former record owners of ta x-foreclosed property . Pursuant to AS 29.45.460 , once a city enacts an ordinance to retain ta x-foreclosed property for a public purpose , the rights of the former owner of record to repurchase the property ceases . Furthermore, AS 29.45.460 requires that when the City requests to retain a ta x-foreclosed property for public purposes, it must provide the former owner of record with a public notice of its intent to enact an ordinance declaring so . Staff is working to provide the former owner of record with a special public hearing notice , which is anticipated to be sent out on August 17, 2017 to inform them of the public hearing on the subject ordinance. The former owner of record can participate at the public hearing on the ordinance or act before it is enacted to redeem the subject property. Thank you for your consideration. Page 141 of 169 'tt/fl~e a1/t/i o. Po.if~ Ct'tj a1/t/i o. f"u.ttl.P'e 11 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?c? ... August 10, 2017 Dipnet App Memorandum of Understanding with Kenai Chamber of Commerce and Visitor's Center, In c. The Memorandum of Understanding between the Kenai Chamber of Commerce and Visitor's Center In c. (KCCVCI) outlines a cooperative partnership between the City and KCCVCI to operate a successful Dipnet App. KCCVCI is uniquely situated to provide support for the Dipnet App by promoting the sales of advertisements to City of Kenai businesses and to educate Personal Use Fishery participants about activities in the City. This partnership will further our attempts to imp rove the experience of the Personal Use Fishery participants and capitalize on their presence in the City. This Memorandum of Unders tanding will not increase costs to the City but is so le ly intended to improve the effectiveness of the Dipnet App . If authorized through this Action I Approval item, the City Manager will execute a Memorandum of Understanding materially the same as the attached . Page 142 of 169 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF KENAI AND THE KENAI CHAMBER OF COMMERCE AND VISITOR'S CENTER This Memorandum of Understanding (this "MOU" or thi s "Agreement") is e ntered into this __ day of , 2017 by and between the CITY OF KENAI, an Alaska Home Rule Municipal Corporation ("City") whose address is 210 Fidalgo A venue, K en ai, Alaska 99611 and the Kenai Chamber of Commerce and Visitor's Center, Inc. (KCCVCI), an Alaska Nonprofit Corporation whose address is 11471 Kenai Spur Hwy, Kenai , Alaska 99611 (co ll ectively, "Parties"). 1. Purpose of Agreement The purpose of thi s Agreement is to outline a cooperative partnership between the Parties to operate a successful Dipnet App. 2. Mutual Goals 2.1 Sell advertisements exclusively to City of Kenai businesses on Dipnet Ap p - advertisements will appear on both the Dipnet App and on the backside of permit mirror hangers 2.2 Provide community event information to be includ ed on the "What's Happening" tab of the App. Thi s calendar form will provide dipnet participants and users reasons to leave the beach 2.3 Promote Dipnet App on KCCVCI and City webs ite s and social media platforms such as Facebook, Instagram, and Twitter 2 .5 Utilize the Dipnet App to promote City of Kenai businesses, attract customers, and cross-promote (e.g. "Come to Kenai" video, annual v isitor's guide, and Eagle Cam) 2. 7 Generate revenue through advertising sales and other mean s to refine and further develop the Dipnet App and to offset operational costs. 3. General Provisions 3 .1 The Parties agree to work together at all times in good faith , and keep each other informed as to activities of the other. 3.2 Each Party shall be respons ible for all costs and ex p enses associated with the preparation and adoption of this MOU. 3.3 All revenues generated by the Dipnet App during any fiscal year, bein g July 1 to June 30, wi ll be shared between KCCVCI and the C ity of Kenai until the operational costs for each party, excluding personnel costs, of both parties are covered. Additional advertising sales revenues remaining after operational costs are covered will be retai ned b y the KCCVCI. Page 143 of 169 3.4 Activities provided in this MOU are subordinate to those the KCCVCI is required to provide under the Faci lities Management Agreement for the Kenai Visitors and Cultural Center. 3 .5 During and after the Termination of this Agreement, the City of Kenai shall retain and own a ll property rights, including any intellectual property rights associated with the Dipnet App. 3.5 Thi s MOU shall be in effect until terminated by the parties. Each Party shall have the right to terminate the MOU with at least 60 days' advance written notice to the other Party. If the MOU is terminated by either Party, steps shall be taken to ensure that the termination does not affect any prior obligation, project or activity a lready m progress. KENAI CHAMBER OF COMMERCE AND VISITOR'S CENTER Johna Beech, President I COO ATTEST : Jamie Heinz, Acting City Clerk CITY OF KENAI Paul Ostrander, City Manager Date: Page 144 of 169 ACKNOWLEDGMENTS ST A TE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this __ day of 2017 , by Johna Beech, President I COO of the Kenai Chamber of Commerce and Visitor's Center. Notary Public for State of Alaska My Commission Expires: _____ _ STATE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) The forego in g instrument was acknowledged before me this __ day of 2017 , by Paul Ostrander, the City Manager of the City of Kenai, an A laska municipal corporation, for and on behalf of the corporation. Notary Public for State of Alaska My Commission Expires: _____ _ Page 145 of 169 'Vtfltije a1/tli a PaS'~ Ct~ a1/t/i a f"atfl.l"e 11 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager? 0 · August10, 2017 Eagle Cam Memorandum of Understanding with Kenai Chamber of Commerce and Visitor's Center, Inc. The Memorandum of Understanding between the Kenai Chamber of Commerce and Visitor's Center Inc. (KCCVCI) outlines a cooperative partnership between the City and KCCVCI to create and maintain a successful Eagle Cam. The Eagle Cam has the potential to bring significant internet traffic to a hosting website, providing an opportunity to promote the City of Kenai and local businesses. The KCCVCI has the ability through collaboration with other entities and utilization of existing staff to increase the popularity and thus viewership of the Eagle Cam . This Memorandum of Understanding will not increase costs to the City but is intended to improve the user experience of the Eagle Cam and increase internet traffic to the hosting website . If authorized through this Action I Approval item , the City Manager will execute a Memorandum of Understanding materially the same as the attached . Page 146 of 169 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF KENAI AND THE KENAI CHAMBER OF COMMERCE AND VISITOR'S CENTER This Memorandum of Understanding (this "MOU" or this "Agreement ") is entered into this __ day of , 2017 by and between the CITY OF KENAI , an Alaska Home Rule Municipal Corporation ("City") whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611 and the Kenai Chamber of Commerce and Visitor 's Center, Inc. (KCCVCI), an Alaska Nonprofit Corporation whose address is 11471 Kenai Spur Hwy , Kenai, Alaska 99611 (collectively, "Parties "). 1. Purpose of Agreement The purpose of this Agreement is to outline a cooperative partnership between the Parties to create and maintain a successful Eagle Cam hosted on the KCCVCI website. 2. Mutual Goals 2.1 Host the Eagle Cam on the KCCVCI website 2.2 Generate and share effective posts and content daily to engage viewers and build an audience for the Eagle Cam 2.3 Build and execute social media strategy that includes but is not limited to creating a page, group , or profile on platforms such as Facebook, Instagram, and Twitter 2.4 Purchase promotional or targeted ads and/or "boost" social media posts 2.5 Utilize the Eagle Cam to promote Kenai businesses , attract visitors , and cross- promote (e.g. "Come to Kenai" video and annual visitor's guide) 2.6 Display Eagle Cam on both monitors in the Kenai Visitors and Cultural Center and other City facilities 2.7 Collaborate with Kenai National Wildlife Refuge and other education or conservation agencies or groups to obtain and provide educational information related to eagles such as life history, patterns, gestation, and other items of interest to audience 2. 7 Generate revenue through You Tube, advertising sales , and other means to offset operational costs. 3. General Provisions 3.1 The Parties agree to work together at all times in good faith , and keep each other informed as to activities of the other. Page 147 of 169 3 .2 Each Party shall be responsible for all costs and expenses associated with the preparatio n and adoption of thi s MOU. 3.3 A ll revenues gen erated by the Eag le Cam during any fi scal year , being Jul y 1 to June 30, wi ll be shared between KCCVCI and the City of Kenai until the operational co st s for each party, excluding personnel costs, of both parties are covered. Re ve nues beyo nd operational costs shall be utili zed to support community programs as determined by separate document. 3.4 Acti vities provided in thi s MOU are subo rdinate to those the KCCVCI is required to provide under the Faciliti es Management Agreement for the Kenai Visitors and Cu ltur al Center. 3.5 This MOU shall be in effect until terminated by the p arties. Each Party shall h ave the right to terminate the MOU with at least 60 days' advance written notice to the other Party. If the MOU is te rmina te d by either Party, steps shall be taken to ensure that the termination does not affect any prior obligation, project or activity already in p rogr ess. Each party shall po ssess any and all ownership rights, if any, to any property, or inte ll ectua l property, as held prior to execution of this Agreement, upon terminati on of thi s Agreem ent. KENAI CHAMBER OF COMMERCE AND VISITOR'S CENTER Johna Beech, President I COO Date: __________ _ ATTEST: Jamie Heinz, Acting City C lerk CITY OF KENAI Paul Ostrander, City Manager Date: Page 148 of 169 ACKNOWLEDGMENTS ST A TE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this __ day of 2017, by Johna Beech, President I COO of the Kenai Chamber of Commerce and Visitor's Center. Notary Public for State of Alaska My Commission Expires: _____ _ ST A TE OF ALASKA ) ) SS. THIRD JUDICIAL DISTRICT ) T he foregoing instrument was acknowledged before me this __ day of 2017 , by Paul Ostrander, the City Manager of the City of Kenai , an Alaska municipal corporation, for and on behalf of the corporation. Notary Public for State of Alaska My Commi ssion Expires: _____ _ Page 149 of 169 KENAI HARBOR COMMISSION MEETING August 7, 2017 – 6:00 P.M. CITY HALL COUNCIL CHAMBERS VICE-CHAIR NEAL DUPERRON, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Commission Vice-Chair DuPerron called the meeting to order at 6:01 p.m. Roll was confirmed as follows: Commissioners present: G. Greenberg, N. DuPerron, J. Desimone, B. Peters, M. Dunn Commissioners Absent: C. Hutchison Staff/Council Liaison present: Public Works Director S. Wedemeyer, City Planner M. Kelley, Council Member G. Pettey A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Greenberg MOVED to approve the agenda with the removal of Item 3, Election of Chair; Commissioner Peters SECONDED the motion. There were no objections; SO ORDERED. 3. ELECTION OF CHAIR AND VICE CHAIR – Removed from Agenda 4. APPROVAL OF MEETING SUMMARY a. July 10, 2017 MOTION: Commissioner Desimone MOVED to approve the meeting summary of July 10, 2017 and Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. 5. PERSONS SCHEDULED TO BE HEARD – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Discussion – Defining Roles & Responsibilities In the interest of continuing the Glazer’s process to define roles and responsibilities, Commissioners DuPerron and Hutchison contacted Rick Koch’s son who was unable to find any Page 150 of 169 Harbor Commission Meeting May 8, 2017 Page 2 information in his father’s belongings pertaining to the Glazer’s process. The Public Works Director noted he would send the Commissioners some contact information. It was requested this item be put on the next agenda. b. Discussion/Recommendation – Draft Ordinance amending Kenai Municipal Code Chapter 14.25 – Landscaping and Site Plans for all Retention Basins, Commercial, Industrial, and Multi-Family Development and Land Clearing in Certain Zones in the City and Making other Housekeeping Changes. City Planner Kelley offered to answer questions about the ordinance. Support of limited government was voiced and questions were asked about how the ordinance would impact the harbor. Mr. Kelley said the ordinance will affect only undeveloped properties, he spoke about recent changes to code and the proposed changes in the new ordinance. It was suggested that the Commission not make any recommendation. MOTION: Commissioner Duperron MOVED that the Harbor Commission support the Draft Landscape Site- Plan Ordinance and Commissioner Greenberg SECONDED the motion. VOTE: YEA: Greenberg, DuPerron, Desimone NAY Peters, Dunn MOTION PASSED. c. Discussion – “No Wake” signage for the mouth of the Kenai River. It was noted that “No Wake” signs at the mouth of the river were important and would help to reduce erosion. Discussion followed about how to go forward and where the signs would be placed. It was mentioned that a “No Wake” Zone may have a legal description included with it. It was suggested that the Commission look at other harbor’s procedures and sign sizes. Commissioner Desimone noted she would contact Homer Harbormaster and Commissioner DuPerron would contact Seward Harbormaster. It was requested this item be put on the next agenda. 8. REPORTS a. Public Works Director – S. Wedemeyer noted that cathodic protection of the city dock piles was underway and the Spill Prevention Control and Countermeasure (SPCC) plan update was underway as well. He also remarked that dipnet went well. b. Commission Chair – Vice-Chair DuPerron asked for Dipnet Report. c. City Council Liaison – G. Pettey noted she could request the Dipnet Report at Page 151 of 169 Harbor Commission Meeting May 8, 2017 Page 3 the the next meeting. 9. NEXT MEETING ATTENDANCE NOTIFICATION – September 11, 2017 10. COMMISSIONER COMMENTS/QUESTIONS Commissioner Dunn thanked Public Works Director S. Wedemeyer for the “No-Wake” information. Commissioner Desimone noted it was a productive meeting. Commissioner Greenberg remarked that the City did a good job with Dipnet, he noted the beach was very clean. 11. PERSONS NOT SCHEDULED TO BE HEARD Council Member Glendenning noted that the Harbor Commission could provide observation and comments on Dipnet, Bluff Erosion, and Industrial areas in the Harbor; he also noted he had official documents from the Harbor Commission that he would bring to the Public Work s Director. 12. INFORMATION – None. 13. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:58 p.m. Meeting summary prepared and submitted by: _____________________________________ Tawni Eubank, Administrative Assistant Page 152 of 169 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS AUGUST 9, 2017- 7:00 P.M. COMMISSION CHAIR TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: B. Springer, K. Peterson, J. Twait, V. Askin, J. Halstead, G. Greenberg Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Acting City Clerk J. Heinz, and Council Liaison J. Glendening A quorum was present. c. Agenda Approval The following revisions to the agenda and packet were noted: Remove Item 7.a. Discussion/Recommendation – Lease Application for Hilcorp Alaska, LLC. Add to Item 10.a. City Council Report  August 2, 2017 City Council Action Agenda MOTION: Commissioner Peterson MOVED to approve the agenda with the requested revisions to the agenda and packet and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Page 153 of 169 Planning and Zoning Commission Meeting August 9, 2017 Page 2 Commissioner Peterson MOVED to approve the consent agenda; Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. *Excused Absences – D. Fikes 2. *APPROVAL OF MINUTES: a. *July 26, 2017 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. PZ17-26 - A Resolution of the Planning and Zoning Commission Recommending Ordinance No. 2977-2017 to the Council of the City of Kenai, Amending Kenai Municipal Code Sections 14.20.151 – Application for Conditional Use Permit for Surface Extraction of Natural Resources, 14.20.152 – Review of Application, 14.20.153 – Public Hearing, 14.20.154 – Issuance of Permit, 14.20.155 – Operation, 14.20.156 – Yearly Review, 14.20.157 – Termination, 14.20.158 – Amendment or Transfer, to Allow the City Planner to Determine Application Completeness and Making Other Housekeeping Changes. City Planner Kelley reviewed his staff report provided in the packet noting the ordinance essentially provided for the City Planner to make a completeness determination on Natural Resource Extraction Conditional Use Permits, to bring the process in line with the way all other Conditional Use Permits are reviewed. MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ17-26 and Commissioner Askin SECONDED the motion. Commission Chair Twait opened the public hearing; there being no one wishing to be heard, public comment was closed. It was suggested that clearing limits may need to be included in the ordinance while the section of code is being amended. The City Planner noted he had intended on a more comprehensive amendment ordinance for resource extraction Conditional Use Permits in the future. Page 154 of 169 Planning and Zoning Commission Meeting August 9, 2017 Page 3 Options for including clearing limits and time sensitivity of the need for including clearing limits were topics dis cussed. MOTION: Commissioner Greenberg MOVED to amend by adding 14.20.154(a)(11) Clearing limits shall be delineated on the site plan as well as clearly visible onsite and shall be inspected by the City Planner prior to the application being deemed complete and Commissioner Askin SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Peterson, Greenberg, Askin, Twait, Halstead NAY: Springer MOTION PASSED. VOTE ON THE MAIN MOTION: YEA: Springer, Peterson, Greenberg, Askin, Twait, Halstead NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: a. Discussion/Recommendation - Lease Application of Airport Reserve Lands between the City of Kenai and Hilcorp Alaska, LLC, for the properties located at 413 N. Willow Street and 421 N. Willow Street, and further described as Lots 5 and 6, FBO Subdivision, for a term of 35 years. [Clerk’s Note: This item was removed from the agenda during Approval of the Agenda.] 8. NEW BUSINESS: a. Discussion/Recommendation – Lease Renewal by SOAR International Ministries, Inc. for a period of five years on the property located at 110 FBO Road, and further described as Lot 2, Block 3, General Aviation Apron No. 1. Staff explained the applicant had requested a 55 year renewal, but with no additional investment, Kenai Municipal Code only provided for renewal for five years; also noted that staff was in the process of reviewing the City’s leasing practices. MOTION: Commissioner Askin MOVED to recommend to Council to approve a lease renewal to SOAR International Ministries, Inc. for a period of five years and Commissioner Halstead SECONDED the motion. Page 155 of 169 Planning and Zoning Commission Meeting August 9, 2017 Page 4 VOTE: YEA: Springer, Peterson, Greenberg, Askin, Twait, Halstead NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Glendening reviewed the Action Agenda for the August 2 City Council meeting which was provided in the laydown. b. Borough Planning – No Report; Borough Planning Commissioner Absent. c. Administration – City Planner M. Kelley reported on the following:  The City closed on one of the properties identified in the bluff erosion project and another parcel was to close in the near future;  Hilcorp Alaska, LLC was revising their lease application and anticipated it would be before the Commission in September;  Reviewing and updating the code regarding signs was a project on the horizon. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATION AL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: August 23, 2017 Commissioner Peterson noted he would be absent. 14. COMMISSION COMMENTS & QUESTIONS: Peterson thanked Staff and Council for their reports. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:50 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Acting City Clerk Page 156 of 169 'Vttf~ «1/t/i a Pa.$'~ Ct~ «1/t/i a ratfl.l'e JJ 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO : THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ? 0 · Terry Eubank , Finance Director 1 rt: August 9 , 2017 Finance Department, August 2017 Mid-month Report The department has been extremely busy since the beginning of the new fiscal year on July 1st with the 2018 Personal Use Fishery. IT once again assured all shacks were online and ready to process transactions , software enhancements were completed , and City Hall performed daily reconciling activities. In addition to services provided in the past, IT managed the d e velopment of the Kenai Dipnet App which appe ars to be a huge success with much positive feedback from users and increased functionality for City personnel. We have completed the transition of various City departments to online credit card payment acceptance. Customers are not able to utilize this service but transactions previously ran by Ci ty staff using credit card term inals is now done us ing an online service. This upgrade elim inated the need to replace all City credit card terminals at an estimated cost of $5 ,000 . IT is nearing completion of a project to e x pand the City's wireless data network which connects City facilities together. Much of this connectivity is currently provided using a purchased service but will be replaced with City managed hardware at significant savings and e x panded bandwidth . Facilities impacted include the new City Shop , Parks & Recreation, the Airport Terminal, Airport Operations, Animal Control , the Senior Center and Vintage Pointe. This project has also provided the ability to add new cameras and other services requiring connectivity to the City's networ k . With the end of FY2017 department's focus has switched to closing of that year's books and completion of the City's Comprehensive Annual Financial Report . This process includes closing of the FY17 financia l records , fiscal year end g rant reporting , completion of the annual Audit and finally financial statement preparation . The annual aud it is scheduled for the week of October 2nd. Page 157 of 169 ' 1• "1 ._ I ,, ~ 'Vtff~ «1/t~ a Po.$'~ e~ «11't~ a Fu.tfl.l'e IJ 210 Fidalgo Ave , Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city I July Circulation Figures Adult Fiction 1,442 Adult Non-Fiction 1,299 Young Adult Fiction 354 Periodica ls 157 Ju venile Fi ction 673 Ju veni le Non-Fiction 308 Easy Fiction 1,017 Easy Non-Fiction 186 Interlibrary Loan Books -Consortium I Total Print 5,670 Total Circulation 7/17 Total Circulation 7 /16 % change Library Door Count....... 8,957 JULY Income Fines Xerox Lost/Damaged Test Proctoring Fee Printing Other Total income $ 8 14 .33 0 90.49 80.00 26 1.50 5.00 $1,251.32 Internet Access 1,060 iPad use 235 Video 0 Room Booking 193 Music 23 DVDs 1,948 Audio books 130 228 Misce llaneous 6 Computer Program s 186 Media -Consortium Total Non-Print 9,495 Downloadable Audio 8,731 Downloadable EBooks +8.7% In-House circulation Library Cards Issued An c h o r Point Clam Gulch ILL Kas ilo f Kenai Niki ski Non-Res ident Other Peninsula Soldo tna Total 3,825 605 489 July 1 1 l 4 54 13 16 22 -17 129 DProgramsD 50 309 I Page 158 of 169 Page 2 of 2 Library Mid-Month Report In July we had 2 v olunteers who put in about 4 hours. There were 29 children's programs with 484 total in attendance, and 11 adult and family programs with 13 7 attendees. The library pa1tnered with Park and Rec to celebrate the Pathways of Poetry project in the park. In July we ordered 17 interlibrary loan items not available through the consortium and received 16 items, we returned 15 items and loaned 11 items to other libraries who are out of state or not in the consortium. 180,000 160,000 140,000 120,000 100,000 80,000 60,000 4 0,000 20,000 Circul ation 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Page 159 of 169 PARKS & RECREATION MID-MONTH REPORT August2017 July was a busy month for the department. A lot of the department's resources were dedicated to assisting with the Kenai Personal Use Fishery while concurrently maintaining acceptable maintenance standards throughout the park system . One contributing factor that eased the staff workload was the frequent moisture received throughout the month of July. This resulted in less manual turf and flowerbed watering allowing work efforts to be distributed to other needed tasks. Below is a list of maintenance activities completed and/or in progress : • Wildflower garden area watered, as needed. A couple of the flower identification signs re-set. • Staff assisted the Historical Society with fencing off the boat at the Chamber cabin . Staff also removed on old wooden sign post from the Visitors Center lawn. • The Parks & Recreation Department and Sr. Center staff coordinated with Wildwood Corrections on some miscellaneous "sprucing up " around the Sr. Center and Vintage Point facility; erosion control turf seeding performed as well . • Staff assessed various urban trees throughout town for possible removal of cages (moose protection). Cages were removed from trees determined to be mature enough . • A total of ten (10) shelter reservations were recorded during July. Twelve (12) reservations are currently scheduled for the month of August. • Crews re-mulched a number of flowerbed/shrub areas with a greater focus on keeping the beds weeded to acceptable standards . • Cook Inlet Academy will once again be utilizing the Kenai soccer fields for their home games this season . Dates are: Aug. 11 , 18 and 19; September 22 and 23. • Crews removed an old wooden bench from behind the Sr. Center. Unit is scheduled for possible renovation throughout the winter months. • Installation of a batter's box on Field #3 (adult softball) was coordinated with the Kenai Softball Association. Annual Firecracker tournament held on July 41h. • Turf areas treated for weeds in July included North Willow St., Daubenspeck Circle and areas along Mn . Street Loop . • Department coordinated with Wildwood Corrections for invasive weed (Sweet Clover) removal off Commercial Ln . Page 160 of 169 'Ufl'r «1ith fl Pu~ ~~ wit# fl rat«H " 210 Fidatgo Ave, Kenai, Alaska 99~11-n94 Telephone: (907) 283--7535 I Fax: (907) 283-3014 www. kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: '""~· Chief Ross JJ Hendrickson, Animal Control Chie~ 812/17 July 2017 Anlmal Control Monthly Report This month the Kenai Animal Shelter took in ~ ~als. Animal intake and disposition: DOGS: INTAKE 32 DISPOSITION Waiver 5 Adopted Stray 23 Euthanized lmpo~nd 3 Claimed - Protective Custody 0 Field Release Quarantine 1 Transferred to Rescue Other Intakes 0 Other Dispositions ..... CATS: INTAKE 27 DISPOSITION Waiver 21 Adopt~d Stray 4 Euthanized Impound 0 Oalmed Protective Custody 0 ·Field Release Quarantine 0 TranSferred to Rescue Other Intakes 2 other Dispositions OTHER ANIMALS: INTAKE 6 DISPOSITION Guinea Pig 6 Guinea Pig DOA: 16 OTHER STATISTICS: Dog 10 Licenses (City of Kenai Dog Licenses} Cat 6 Microchips (Dog) !!] Citatiom 31 3 4 23 0 - 1 0 28 7 5 0 0 16 0 4 4 3 0 Page 161 of 169 Page2 of 2 -*SUBJECT*** Animal dropped with After Hours (days we are closed but cleaning and with KPD) Volunteer Hours Logged Animals are known borough animals Field Investigations & patrols Page 162 of 169 'Vtff~ «1/th a Pa~~ e~ «1/th a Fatu.l"e" 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone : (907) 283-75351 Fax: (907) 283-3014 www. kenai. city August 2017 -Airport Managers Report 2010 Master Plan -Phase 3 report-Airport Commission recommended Council approve the Airport Master Plan at the July 13, 2017 meeting . The Phase 3 report was forwarded to City Council for review and the master plan was approved at the August 2, 2017 meeting. This project will be closed out. 2016 Small Taxiway & Aircraft Tie down Project -The project has attained substantial completion; the project will be closed after installation of the new apron flood lights. 2016 Fencing Rehabilitation -The Office of the Secretary of Transportation has determined the security camera portion of this project is not FAA grant eligible; however, upgrading the automated gates and the access control system is eligible . The project will continue for the gates. 2016 Improved Airport Drainage -This project is complete and will be closed out. 2016 Airfield Marking Project-This project completed on July 31, 2017 and the close out process will begin. 2017 Terminal Rehabilitation Project -Design Grant -Airport Administration is completing a grant application and Ordinance 2975-2017 will accept the grant from the Federal Aviation Administration at the August 16, 2017 meeting. · 2017 Snow Removal Equipment -The City received the grant offer, Council approved Ordinance 2972-2017 accepting the grant and the equipment has been ordered . In-house: Vehicle Pay Parking -An enhancement is being added to the pay parking. Customers who pay by credit card will have an option to be sent a mobile text message 10 minutes prior to their parking expiring and have the capability to extend their parking remotely should they be delayed in returning. Customers have asked for this option because many experience delays due to flights or work schedules and do not want to receive a parking violation. Page 163 of 169 IVlunicipal Airport FLOAT PLANE BASIN ACTIVITY 2013-2017 -----------------------------------------· OPERATIONS -----------------------------------------· Month 2017 2016 2015 2014 2013 MAY 23 44 57 30 33 JUNE 132 85 124 79 93 JULY 144 151 164 186 168 AUGUST 191 148 182 161 SEPTEMBER 115 71 72 139 OCTOBER CLSD 17 9 67 NOVEMBER CLSD CLSD CLSD 0 Total 23 586 581 558 661 0 n~!_r.:port~ ____ . --------------------------------FUEL SALES -----------------------------------------· Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER Total Slips Rented Private Commerical 2017 $784 $784 2016 $1 ,175 $1 ,656 $3 ,036 $3,647 $3,830 CLSD $13,344 4 0 2015 2014 2013 $8 $1 , 151 $622 $0 $2 ,752 $2 ,636 $1,873 $5,776 $3,517 $1,710 $3, 116 $3 ,285 $1,380 $1 ,820 $1 ,740 $553 $384 $255 $5 ,624 $14,999 $12,055 Rev 5/2015 Page 164 of 169 'Vtf!Ofe tfl/t/i a PaS'~ e~ tfl/t/i a FatU?e II 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax : (907) 283-3014 www. kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ~ p · Sean Wedemeyer, Public Works Director/Capital Projects Manager 5;Vtk/ August, 2017 Mid-Month Report; Public Works I Capital Projects • Recruitments -None active at this time. • WWTP Improvements -A decision must be made to move forward with ammonia mitigation or energy efficiency improvements. • New Reservoir -Closeout in progress . • Recoat Existing Reservoir -Construction in progress . • Public Safety Building Improvements -Contract execution in progress . • Fencing Rehab with Access Control -Ordinance to fund design. • Small Taxiways and Aircraft Tiedown Rehabilitation -Construction in progress . • Terminal Building Rehab Conceptual Plan and Design -Ordinance in packet. • 2016 Improved Airport Drainage -In closeout. • Kenai Airport Airfield Marking and Signage 2016 -In closeout. • Dock repair -Administration to determine scope of work and funding . • Inlet Woods Storm Drains -Closeout in progress . • Flight Service Station Phase 3 (Interior remodel) -Waiting on FAA to complete their project. • Animal Control Kennel Painting -Contract execution in progress. • Senior Center Dining Room Atrium Replacement and Roof Repair -Construction in August. • Purchase Sander Trucks -Specifications in development. • Rec Center Improvements -Design in progress. • Rec Center Management Agreement -Bid documents in development. • USACE Bluff Erosion -See City Manager's report. • DOT KSH Rehab (Widening to 5 lane s ) Phase 1 Swires Rd . to Eagle Rock Dr. to Bid in Sept. 2017. • DOT KSH Rehab (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake -to Bid in 2018 . • DOT KSH Rehab (Grind and pave) MP 12 .2 5 to 18.52 -Possible construction in 2018. • DOT Beaver Loop Road and Pedestrian Pathway Project -Possible construction in 2018, likely 2019. Page 165 of 169 'ti;ff ~ «1/t~· a Pa~~ Ct'tj «11't~ a Fat~ 11 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city August 2017 Mid-Month Report-City of Kenai Fire Department Through the end of July 2017 the Kenai Fire Department has responded to 847 calls for service. This is a 11 % decrease in calls for service as opposed to the same period in 2016 which saw the department responding to 951 calls for service. July is typically a busy month for the department with the influx of visitor for the dip-net personal use fishery. The department during August responded to 8 calls for service directly related to the dip-net fishery. This included medical emergencies, a vehicle fire and boat related incidents. In addition the Kenai Fire and Police Departments conducted 10 patrols to enforce the no-wake zone. The department would like to thank Snug Harbor Seafood who allowed the department to moor our boat at their dock during the fishery. The department's Fire Marshal has completed the quarterly fuel inspections for the vendors on the airport. This includes Crowley Petroleum Distributors , Alaska Oil Sales, and the Kenai Float Plane facility pump . Along with ongoing business inspections a follow-up was conducted with the ongoing asbestos abatement/remodel work going on at Kenai Middle School. We have received 37 carbon monoxide detectors from a donation from the Kenai Rotary Club. This will be in conjunction with a proposed partnership with the American Red Cross to begin installing or replacing smoke and CO detectors in homes in our community . Firefighter Jeremy Hamilton attended the lmagetrend Conference in Minneapolis, MN . lmagetrend is the software program the department uses for our records management system. Engineer Sam Satathite and Fire Chief Jeff Tucker attended the Fire Rescue International Conference in Charlotte , NC. The Fire Rescue International Conference is hosted by the International Association of Fire Chiefs . Engineer Satathite attended the first year of a three year Company Officer Leadership Symposium (COLS) program. COLS provides attendees with vital leadership tools and training and the ability to learn alongside fire officers from across the country. Page 166 of 169 'Utt~ 1t1itft, a Pa.rt, e~ 1t1it/e, fJ. rataH, II 210 F idalgo Av e, Kenai, Alaska 99611-n94 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM : DATE : SUBJECT: Paul Ostrander, City Manager v O · David Ross, Police Chief 'b~ 8/07/2017 Polic e & Co mmunicati ons Department Activity -Month of July 2017 Police handled 1202 calls for service. Dispatch received 435 9-1-1 calls,356 of which came from cell phones. Officers made 64 arrests and wrote 298 reports. Traffic enforcement resulted in 171 warnings, 42 citations for speeding , 20 citations for equipment violations, 6 citations for sealbelt violations, and 75 citations for "other! There was increased traffic enforcement in the month of July partially due to Alaska Highway Safety Office funded overtime around the Fourth of July weekend . There were 7 DUI arrests (0 felony). Officers investigated 9 motor vehicle crashes. There were no collis ions involving moose, and there were none involving a DUI. In July one officer in training began the Department of Public Safety Academy in Sitka. Page 167 of 169 MEMORANDUM 'Vtfl'~ «11'tli a Po.if~ Ot'tj «11'tli a h.trv-e" 210 FidalgoAve, Kenai, Alaska 99611-7794 Telephone : (907) 283-7535 I Fax: (907) 283-3014 www.kenai .city TO: THROUGH: FROM: DATE: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager)? rO - Rachael S. Craig , Senior Center Director August 8, 2017 SUBJECT: July Monthly Report July 2017 NTS Choice Home Meals 60+ Service Area 47 731 13 552 Clients Meals c l ients Meals 60+ Outside Service 2 23 1 23 Area Clients Meals client Meals Under 60+ Service 4 201 Area Clients Meals Under 60+ Outside 2 58 Servi ce Area Clients Meals Subtotals 49 754 20 834 Clients meals Clients Meals Total NTS and Choice Waiver Meals Clients: 69 1,588 The current Choice Waiver meal rate i s $21.15 for a congre gate meal and $21.47 for a home meal a client must be nursing home eligible and meet Medicaid incom e guidelines and appro ved by the state for a care plan . The Nutrition, Transportation and Services Grant all ows for seniors t o make a suggested do nation of $7.00, plus $.70 per meal USDA Grant. Volunteers donated 1,196.46 hours of their time during the month of July . Volunteers served in various ways; i.e. driver, receptionist, instructor, kitchen helper, entertainment, various assistan ce with special events, MASST, dining room volunteer, blood pressure checks, and board members. Seniors were on the Park Strip to run their 4 th of July Booth . They sold hot dogs, pie s and beverages . It was a successful fundraiser. Seniors participated in a polk a dance with Alaska Button Bo x Gang from Anchorage . There w er e 40 seniors at the event . Page 168 of 169 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: AUGUST 16, 2017 VENDOR DESCRIPTION DEPT. AMERICAN BUREAU OF CRANE INSPECTION ANNUAL CRANE INSPECTIONS SHOP SPILLMAN TECHNOLOGIES FY18 ANNUAL MAINTENANCE COMMUNICATIONS CHARTER MACHINE ROLLERS/SPRAY BARS FOR BELT PRESS WWTP CLARK SECURITY DOOR KNOB PARTS WWTP PHYSIO -CONTROL FY18 SERVICE CONTRACT FIRE SATORI GROUP ASBESTOS REMOVAL AT PSB PUBLIC SAFETY NORTHERN SECURITY SUPPLY AMMUNITION POLICE ACCOUNT AMOUNT REPAIR & MAINTENANCE 2 ,547.00 REPAIR & MAINTENANCE 10 ,266.88 MACHINERY & EQUIPMENT 10 ,000.00 OPERATING SUPPLIES 3 ,775.00 PROFESSIONAL SERVICES 6,331 .98 CONSTRUCTION 8,400.00 OPERATING SUPPLIES 3,925.00 Page 169 of 169 AUGUST 16, 2017 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to Item D.7. Resolution No. 2017-54 • Amendment Memo City Manager Add to Item D.10. Resolution No. 2017-57 • Memorandum in Support City Manager Remove item G.2. Purchase Orders Exceeding $15,000. Acting City Clerk Add to Item J.1. City Manager’s Report • Letter to Kenaitze Indian Tribe City Manager Supporting a Transportation Project BRINGING BROADBAND TO THE KENAI PENINSULA TODAY •About Us •About Alaska Communications •Bringing Broadband to the Kenai Peninsula –What –Where –When –Why –How •How You Can Help WE PROMISE As our customer, you can always expect to get the service as promised to you by an Alaska Communications representative. If you are not satisfied, we will work with you to provide a solution that meets your satisfaction. OUR NETWORK INVESTING IN THE KENAI PENINSULA SPEED 10 Mbps download/1 Mbps upload or better COVERAGE TIMING •Testing this fall at selected sites in the Ninilchik area •Advanced Project timelines: 2018 –2025 FUNDING Connect America Fund Connect America Fund HOW YOU CAN HELP •Permitting •Land Leases THANK YOU Heather Cavanaugh, APR Director, External Affairs 907-564-7722 Heather.Cavanaugh@acsalaska.com Stan Masneri District Operations Manager 907-564-1585 Stanley.Masneri@acsalaska.com