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Home My WebLink About2017-09-06 Council Packet Kenai City Council Meeting Page 1 of 4 September 6, 2017 KENAI CITY COUNCIL – REGULAR MEETING SEPTEMBER 6, 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. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Tim Dillon, Executive Director, Kenai Peninsula Economic Development District – City, Borough, and State Economic Update. 2. Johna Beech, Kenai Visitor and Cultural Center – Second Quarter 2017 Statistics Report. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. 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. (Clerk’s Note: This item was postponed to this meeting at the August 16 meeting for the purposes of preparing a substitute ordinance and a second public hearing; a motion to enact is on the floor.).............................. Pg. 20 • Substitute 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, Impose Onsite Clearing Limit Delineations and Making Other Housekeeping Changes. ................................................................................................ Pg. 33 Kenai City Council Meeting Page 2 of 4 September 6, 2017 2. 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, Recreation or Youth Centers, Churches, Correctional Facilities, and Substance Abuse Treatment Facilities and Approving a Policy to Provide Guidance in Measuring Pedestrian Routes. ......................................................................................................... Pg. 42 3. 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. 49 • Substitute Ordinance No. 2980-2017 ................................................... Pg. 58 4. Resolution No. 2017-59 – Authorizing the Use of the Equipment Replacement Fund to Purchase Two Trucks, With Attachments, for the Streets Department to be used as Snow Plows, Dump Trucks, and Sanders Utilizing the Alaska Department of Transportation & Public Facilities Fleet Procurement Contract. ................ Pg. 61 E. MINUTES 1. *Special Meeting of August 11, 2017 .............................................................. Pg. 63 2. *Regular Meeting of August 16, 2017 ............................................................. Pg. 65 F. UNFINISHED BUSINESS 1. 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. (Clerk’s Note: This item was postponed to this meeting at the August 16 meeting; a motion to adopt is on the floor.) .... Pg. 76 G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. .................................................... Pg. 117 2. *Action/Approval – Purchase Orders Exceeding $15,000. ....................... Pg. 118 3. *Ordinance No. 2981-2017 – Amending Kenai Municipal Code, Chapter 1.15 – Rules of Order, to Change Gender Specific Language to Gender Neutral, Provide Consistency in the References to the Chair of a Meeting, and Other Housekeeping Changes. ................................................................................................... Pg. 119 4. *Ordinance No. 2982-2017 – Amending Kenai Municipal Code Section 7.30.010 – Airport Land Sale Permanent Fund, to Eliminate References to the Airport Enterprise Fund which is No Longer Utilized. ............................................. Pg. 128 Kenai City Council Meeting Page 3 of 4 September 6, 2017 5. *Ordinance No. 2983-2017 – Accepting and Appropriating a Donation to the Kenai Parks & Recreation Department for the Purchase of Bleachers. ................ Pg. 131 6. *Ordinance No. 2984-2017 – Amending Kenai Municipal Code Section 23.55.060 – Stand-By Pay, to Amend the Rate of Stand-By Pay and Increasing Water & Sewer Fund Estimated Revenues and Appropriations to Provide Standby Pay for Certified Water and Wastewater Operators that was Not Included in the FY2018 Budget. .................................................................................................................. Pg. 134 7. *Ordinance No. 2985-2017 – Amending Kenai Municipal Code Section 13.20.035- Camping, Fires and Other Activities on City Beaches, to Prohibit the Burning of Pallets and Other Wood Materials Containing Metal Fasteners on City Beaches. .................................................................................................................. Pg. 139 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging ....................................................................................... Pg. 142 2. Airport Commission ................................................................................... Pg. 144 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission ............................................................. Pg. 146 6. Beautification Committee ........................................................................... Pg. 151 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Action/Approval - Hiring, Recruitment, and Contract Discussion and Negotiation for a City Clerk. [Clerk’s Note: Council May Convene into Executive Session to Discuss this Agenda Item which Pursuant to AS 44.62.310(C)(2) May be a Subject that Tends to Prejudice the Reputation and Character of the Applicant and per AS 44.62.310(c)(1) is a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City.] M. PENDING ITEMS – None. N. ADJOURNMENT Kenai City Council Meeting Page 4 of 4 September 6, 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. Tim Dillon Executive Director Kenai Peninsula Economic Development District www.kpedd.org (907)283-3335 City of Kenai 2017 Back to School Overview Page 5 of 153 Kenai Peninsula Economic Development District 501(C)4 Kenai Peninsula Opportunities 501(C)3 Grant Support for the Kenai Peninsula Construction Academy Community Events Funding Sources Kenai Peninsula Borough US Dept. Commerce –Economic Development Administration Community Support for Local Events Business Incubation Center Programs & Reports Comprehensive Economic Development Strategy Situations & Prospects Report Quarterly Reports Business Assistance, Advising & Advocacy Community Support & Advocacy Microloan Program Business Retention & Expansion Industry Outlook Forum Page 6 of 153 CEDS Report Comprehensive Economic Development Strategy5-Year Plan July 2016 –June 2021 University of Alaska Center for Economic Development Annual Update July 2016 –June 2017 Page 7 of 153 Situations & Prospects Report August 2017 Page 8 of 153 3rd Quarter Report Page 9 of 153 Page 10 of 153 Industry Outlook Forum January 10th, 2018 –Soldotna Regional Sports Center Page 11 of 153 Regional Partnerships Infrastructure and Technology Workforce and Human Capital Business Climate and Entrepreneurship Quality of Place Knowledge Creation and Dissemination Page 12 of 153 Thank you Tim Dillon, Executive Director tim@kpedd.org 907-242-9709 Page 13 of 153 GROSS BUSINESS SALES IN CITY OF KENAI Business Type 2012 2015 2016 1-Year Change (2015-2016) 5-Year Change (2012-2016) GRAND TOTAL $571,720,000 $629,610,107 $547,259,387 ($82,350,720) -13% ($24,460,613) -4% Admin, Waste Mgmt $3,090,000 $3,594,258 $3,003,240 ($591,018) -16% ($86,760) -3% Ag, Forestry, Fishing, Hunting $359,000 $228,288 $666,575 $438,287 192% $307,575 86% Arts + Entertainment $738,000 $508,144 $440,179 ($67,965) -13% ($297,821) -40% Construction Contracting $51,662,000 $78,423,212 $33,614,745 ($44,808,467) -57% ($18,047,255) -35% Educational Svs $362,000 $808,026 $869,829 $61,803 8% $507,829 140% Finance + Insurance $584,000 $911,518 $1,001,074 $89,556 10% $417,074 71% Guiding Water+ Guiding Land $719,000 $440,492 $507,000 $66,508 15% ($212,000) -29% Health Care, Social Asst $375,000 $1,636,173 $1,854,372 $218,199 13% $1,479,372 394% Hotel/Motel/B&B $9,659,000 $10,609,145 $9,674,563 ($934,582) -9% $15,563 0% Information $10,750,000 $11,586,551 $9,289,986 ($2,296,565) -20% ($1,460,014) -14% Mgmt of Companies * * * * * * * Manufacturing $22,286,000 $34,336,791 $19,430,593 ($14,906,198) -43% ($2,855,407) -13% Mining/Quarrying $5,001,000 $5,060,106 $5,854,179 $794,073 16% $853,179 17% Prof, Scientific, Technical Svs $14,704,000 $13,212,906 $13,524,951 $312,045 2% ($1,179,049) -8% Public Admin $4,749,000 $5,770,323 $6,143,301 $372,978 6% $1,394,301 29% Remediation Svs * * * * * * * Rental Commercial Prop $611,000 $1,164,817 $1,160,136 ($4,681) * $549,136 90% Rental Non-Residential Prop $4,884,000 $4,087,098 $3,238,252 ($848,846) -21% ($1,645,748) -34% Rental Self-storage + Mini- warehouses * $175,786 $317,896 $142,110 81% * * Rental Personal Prop $845,000 $417,675 $490,802 $73,127 18% ($354,198) -42% Rental Residential Prop $12,220,000 $16,729,929 $15,324,638 ($1,405,291) -8% $3,104,638 25% Restaurant/Bar $14,287,000 $14,829,080 $13,360,908 ($1,468,172) -10% ($926,092) -6% Retail Trade $276,010,000 $287,530,731 $282,517,944 ($5,012,787) -2% $6,507,944 2% Services $8,119,000 $9,886,073 $9,475,465 ($410,608) -4% $1,356,465 17% Telecommunications $1,780,000 $3,054,138 $3,192,890 $138,752 5% $1,412,890 79% Transportation, Warehousing $17,042,000 $13,892,386 $18,360,607 $4,468,221 32% $1,318,607 8% Utilities $34,499,000 $47,727,986 $49,041,560 $1,313,574 3% $14,542,560 42% Wholesale Trade $76,385,000 $62,988,475 $44,885,894 ($18,102,581) -29% ($31,499,106) -41% Other * * $17,665 * * * * Source: Kenai Peninsula Borough Finance Dept * confidential or $0 CITY OF KENAI TAX INFORMATION 11 Year 2012 2015 2016 Sales Tax Rate 3.0% 3% 3% Revenue $6,576,657 $7,136,866 $6,781,037 Property Tax Mill Rate 8.37 8.86 8.86 Assessed Value (real, personal, oil + gas) $740,272,411 $849,304,874 $869,274,331 Revenue $2,558,736 $3,147,836 $3,771,925 Page 14 of 153 Population 2016 Population 1 7,098 2010 Population 1 7,112 2016 Permanent Fund Dividends (zip code 99611, which includes Kenai, Nikiski) 2 12,773 2010 Permanent Fund Dividends (zip code 99611) 2 12,480 PK-12th Grade School Enrollment (all city schools) (2016/2017) 3 1,827 Housing 4 Total Housing Units 3,411 Occupied Housing Units 3,041 Median Value of Owner-Occupied Units $199,600 Median Monthly Rent (For Renters) $900 Income 5 Total Households 3,041 Median Household Income $62,236 Mean Household Income $81,043 Total Families 1,858 Median Family Income $76,944 Mean Family Income $95,495 Per Capita Income $34,627 2017 Kenai Peninsula Situations & Prospects Report Kenai Peninsula Economic Development District www.kpedd.org (907) 283.3335 City of Kenai Sources: 1 - ADOLWD, Population Estm 2010-2016; 2 - AK Dept of Revenue; 3 - AK Dept of Education; 4, 5, 6 - US Census, ACS 2011-2015 5-year estimate; 7-MLS c/o Redoubt Realty; 8-AHFC/ADOLWD Housing Indicators; 9 - CFEC; 10 - ADOLWD Pop By Age & Class 2010-2016; 11 - Alaska Taxable; 12-US BTS; 13- KPB Finance Dept; Photo- City of Kenai website City of Kenai…  Half of all workers in Kenai are employed in one of three sectors: health + education, retail, or natural resource related (fishing, oil & gas, ag) 6  Among Peninsula cities, gross sales are highest in Kenai and have been since 2011 13  102 homes sold in Kenai in 2016 with an average sales price of $209,544 7  25 new homes were built in Kenai in 2016 8  Kenai had the highest population loss on the Peninsula in 2016, dropping 129 people 1  In 2015, Kenai residents landed 6.5 million pounds of fish in Alaska and earned an estimated gross of $6.2 million 9  At the Kenai Airport, almost 93,000 passengers and 1.67 Million pounds of freight arrived in 2015 12 545 1,572 1,820 2,415 635 135 511 1,602 1,850 2,211 747 177 0 to 4 5 to 19 20 to 39 40 to 64 65 to 79 80 + City of Kenai Population by Age Group, 2012 and 2016 10 2012 2016 Unemployed 378 Private wage and salary workers 2,699 Government workers 552 Self-employed 180 Unpaid family workers 38 City of Kenai Labor Force 6 Page 15 of 153 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 2nd Quarter April – June 2017 Page 1 of 4 KVCC Walk in Visitor Count Month/Year # of Visitors April 2017 1,142 May 2017 2,840 June 2017 6,026 Total Visitor Count 10,008 Official Kenai Guide Mailings Month/Year # of Guides April 2017 332 May 2017 988 June 2017 1356 Total Guide Count 2676 Official Kenai Guide Display Racks Location # of Guides Anchorage Brochure Distribution ***** Airport Hotel – Kenai 0 Aspen – Kenai 0 Aspen – Soldotna 0 City Hall 170 Country Foods 239 Diamond M Ranch 96 Everything Bagels – Blazy Mall 160 Kenai Airport 651 Mad Moose Restaurant 158 Paradisos Restaurant 64 Quality Inn 128 Safeway – Kenai 406 Soldotna Inn 80 Sportsmans Warehouse 343 Three Bears 196 Veronica’s 94 Total Guide Count 2785 *Note: In January 2017, we sent 15,000 guides to Anchorage Brochure Distribution to distribute to the following locations throughout the year* Page 16 of 153 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 2nd Quarter April – June 2017 Page 2 of 4 *Note: In January 2017, we sent 15,000 guides to Anchorage Brochure Distribution to distribute to the following locations throughout the year* 3rd Ave Visitor Center 4th Street Mall ANC Guesthouse Anchorage Grand Anchorage Historic Backpacker – Eagle & 4th Clarion Suites Comfort Inn – Railroad Depot Marriott – Downtown Quality Inn – 8th & C Street Ramada – 3rd Ave The Lofts ABC Motorhome ALEX Inn & Suites Comfort Suites – Airport Courtyard by Marriott Executive Suites Longhouse Inn Midnight Sun Car Rental Puffin Inn Super 8 Travel Lodge – Barratts Lakeshore Tower Build B Best Western Gold Lion AAA Travel – Arctic & 36th Clippership RV Extended Stay – 34th & Old Seward Golden Nugget RV Homewood Suites Marriott – 32nd & Fai RTO Springhill Suites – 36th & A Springhill Suites – Providence Page 17 of 153 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 2nd Quarter April – June 2017 Page 3 of 4 Website Traffic for www.visitkenai.com Q2 2016 vs Q2 2017  Sessions (total number of sessions to the site)  Users (total number of unique users to the site)  Pageviews (total number of pages viewed on your site)  Pages per Session (average number of pages viewed per session)  Average Session Duration (average session length of all users)  Bounce Rate (percent of single-page sessions)  New Users (percent of total users who came the site for the first time) Page 18 of 153 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 2nd Quarter April – June 2017 Page 4 of 4 Facility Rental/Community Usage Q2 2017 Alaska Support Industry Alliance Luncheons Alaska VA Heathcare System Bob Bird Community Lecture Ducks Unlimited Annual Banquet Elks State Convention Hays Research Group Hilcorp Contractor Meetings KDLL Adventure Series Kenai Chamber Annual Community Awards Luncheon Kenai Chamber Board Meetings Kenai Chamber Luncheons Kenai Historical Society General Membership Meetings Kenai Peninsula Association of Realtors Kenai Peninsula Birding Festival Kenai Peninsula Builders Association Kenai Peninsula Performers Kenai Peninsula Woodturners Opening Reception Kenaitze Indian Tribe Peeps ArtShow Relay for Life Meetings Run into Summer 5k Series Senator Lisa Murkowski Meetings Solar Turbines Veterans MeetUp Page 19 of 153 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 20 of 153 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 21 of 153 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 22 of 153 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 23 of 153 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 24 of 153 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 25 of 153 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 26 of 153 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 27 of 153 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 28 of 153 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 29 of 153 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 30 of 153 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 31 of 153 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 32 of 153 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Council Mem ber Glendening CITY OF KENAI ORDINANCE NO. 2977–2017 (SUBSTITUTE) 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, IMPOSE ONSITE CLEARING LIMIT DELINEATIONS 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 only discuss the application 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 which 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 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 processing of Conditional Use Permits for Surface Extraction of Natural Resources by allowing the City Planner to conduct the Conditional Use Permit application completeness review prior to the application being scheduled for a Public Hearing before the Planning and Zoning Commission; and, WHEREAS, due to Conditional Use Permits being a Quasi-Judicial discretionary decision, the Planning and Zoning Commission can request that the applicant submit additional application materials for their review at their next regular meeting and then postpone their decision to review the materials at their next regular meeting; and, WHEREAS, at the meeting of August 9, 2017 the Planning and Zoning Commission recommended that the Council of the City of Kenai Enact this Ordinance with an amendment Page 33 of 153 Ordinance No. 2977 - 2017 Page 2 of 8 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] that requires an applicant to delineate clearing limits on the site plan and onsite, for inspection by the City Planner. 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. 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]Permit for [S]Surface [E]Extraction of [N]Natural [R]Resources. An application for a [C]Conditional [U]Use [P]Permit 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 (10′) 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) Soil 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; Page 34 of 153 Ordinance No. 2977 - 2017 Page 3 of 8 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (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; (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]Application for Surface Extraction of Natural 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 supplied 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 amended as follows: 14.20.153 – Public Hearing for Surface Extraction of Natural Resources. Page 35 of 153 Ordinance No. 2977 - 2017 Page 4 of 8 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] [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 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]Permit 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; Page 36 of 153 Ordinance No. 2977 - 2017 Page 5 of 8 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (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; (10) The applicant is the owner of the subject property. (11) Clearing limits shall be delineated on the site plan as well as clearly visible onsite and shall be inspected by the City Planner or designee prior to the application being deemed complete. (b) If the Commission determines that all requirements have been met, the Commission shall direct the City Planner [ADMINISTRATIVE OFFICIAL] to issue a [C]Conditional [U]Use [P]Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state. (c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening. If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public 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 – Operation, is hereby amended as follows: 14.20.155 Year Review [OPERATION]. 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 PERMIT, AS SUCH MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THIS CHAPTER. (B) THE PERMIT HOLDER SHALL SUBMIT A YEARLY REPORT TO THE ADMINISTRATIVE OFFICIAL 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. Page 37 of 153 Ordinance No. 2977 - 2017 Page 6 of 8 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (C) NO PART OF THE EXTRACTION OPERATION SHALL BE VISIBLE FROM PUBLIC ROADWAYS OR INHABITED AREAS.] Section 7. Amendment of Section 14.20.156 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.156 – Yearly Review, is hereby amended as follows: 14.20.156 Operation and Reporting[YEARLY REVIEW]. 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 permit, as such may be amended from time to time in accordance with this chapter. (b) 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. (c) If the City Planner determines, based on the yearly review or any other investigation, that the conduct of the operation is not in compliance with the provisions of this chapter, the City Planner may revoke the permit. The City Planner shall not revoke the permit, until the permit holder has been notified of the violation(s) and given a reasonable opportunity to correct the violation(s). In the event that a pit is unused for a period of three (3) years, the City Planner may revoke the Conditional Use Permit. (d) 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 COMPILE A REPORT BASED ON HIS REVIEW AND SHALL SUBMIT HIS 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. (a) No Conditional Use Permit issued hereunder shall be transferred until the proposed transferee has made application for transfer in writing filed with the City 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 the transferee’s proposed operation would mandate. The Commission shall approve the Page 38 of 153 Ordinance No. 2977 - 2017 Page 7 of 8 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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. (b) 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 provisions 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 Section 14.20.158 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.158 – Amendment or Transfer, is hereby deleted as follows: [14.20.157 AMENDMENT OR TRANSFER. (A) 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. (B) 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 ORIGINAL 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 Page 39 of 153 Ordinance No. 2977 - 2017 Page 8 of 8 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 ordinance shall take effect 30 days after adoption. ENACTED 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 Introduced: August 2, 2017 Enacted: August 16, 2017 Effective: September 15, 2017 Page 40 of 153 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Council Member Glendening FROM: City Attorney, Scott M. Bloom DATE: 8/27/17 SUBJECT: Ordinance No. 2977-2017 (Substitute) This memorandum summarizes the material changes in Substitute Ordinance No. 2977-2017 versus the original as introduced. 1. The title is amended to reflect the addition of onsite clearing limit delineations as recommended by the Planning and Zoning Commission, which was not previously addressed in the title. 2. The seventh Whereas Clause is amended to include the Planning and Zoning Commission’s recommendation that the Council enact the Ordinance with an amendment that requires gravel pit clearing limits to be shown on the site plan in the application and physically onsite for inspection by the City Planner prior to approval of the application for completeness. 3. In Section 5 of the Ordinance, subsection (a)(11) is added to KMC 14.20.154 at the recommendation of the Planning and Zoning Commission. 4. Section 7 of the Ordinance, addressing KMC 14.20.156, is amended to change the section title to “Operation and Reporting” from “Operation and Revocation” for accuracy. Subsection (c) is deleted for two reasons: first the language is arguably overly broad; and second it is previously stated in KMC 14.20.154(a)(3). Housekeeping changes are made in subsection (c) to improve clarity. 5. In Section 8, subsection (a) is amended to reflect gender neutrality. 6. Section 9 is amended to comply with legislative formatting. Page 41 of 153 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 42 of 153 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 43 of 153 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 44 of 153 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 45 of 153 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 46 of 153 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 47 of 153 '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 48 of 153 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 49 of 153 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 50 of 153 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 51 of 153 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 52 of 153 • • 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 53 of 153 • • 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 54 of 153 • • 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 55 of 153 • 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 56 of 153 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 57 of 153 tlu:&ityo/ KENAl,AWKA V' Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2980-2017 (SUBSTITUTE) 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 Pe ninsula Borough for unpaid real property ta xes 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 , WHEREAS , the City of Kenai will pay the outstanding balance for property ta xes in the amount of $342 .60 of which $327.54 relates to Kenai Peninsula Borough ta xes and interest and the remaining $15.06 relates to City of Kenai taxes and inte rest; and, WHEREAS , upon the payment of the outstanding balance of property ta xes the Kena i Peninsula Borough will convey the subject parcel to the City of Kenai by quitclaim deed ; and , WHEREAS , the City of Kenai desires to retain the above-referenced ta x-foreclosed property for public purposes , including as a staging area to support bluff erosion control measures and, later for parks and recreation purposes; and, WHEREAS , AS 29.45.460 requires that the City determine by ordinance whether a ta x- foreclosed property s hall be retained for a public purpose and shall provide the former re cord owner, by certified mail , notice of the public hearing on that ordinance; and , WHEREAS , on August 15, 2017 and September 5 , 2017 the City Clerk sent 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 ta x-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 KENAI , ALASKA, as fol lows : New Text Un derline d; [DE LE TE D TEXT BRAC KETED ] Page 58 of 153 Ordinance No. 2980 -2 017 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 Meridian , also known as 612 Inlet Street, Kenai, Alaska, whose last recorded owner under borough assessment records was Billy A Mccann, PO Bo x 92 , Kenai , Alaska , is hereby retained 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, 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 11. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 5 th day of September, 2017. ATTEST: Jamie Heinz, Acting City Clerk Approved by Finance J ~ BRIAN GABRIEL SR., MAYOR Introduced : August 16 , 2017 Enacted : September 6 , 2017 Effective: October 6 , 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 59 of 153 the city of 'Vtfl~ UJ/t/r, a PaJ'~ Ot~ UJ/t/r, a f"u.t«l"e 11 21 O Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city KENAI, ALASKA ~ MEMORANDUM TO: THROUGH : FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager? t..::> • Matt Kelley, City Planner /ll August 31, 2017 Substitute Ordinance No . 2980-2017 The purpose of this communication is to provide additional information to the City Council regarding Substitute Ordinance No 2980-2017 , which is written to declare that tax-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 that when the City requests to retain tax-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 . To comply with this requires a determination to retain 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 tax-foreclosed property . Thus , to comply with AS 29.45.460 , staff sent out public hearing notices to the last owner of record, on August 15, 2017 and on September 5, 2017. Furthermore , 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 . Thus, the City will pay the outstanding balance for property taxes, in the amount of $342.60 of which , $327 .54 relates to Kenai Peninsula Borough taxes and interest and the remaining $15.06 relates to City of Kenai taxes and interest. Lastly , upon payment of the outstanding balance of property taxes the Kenai Peninsula Borough will convey the subject parcel to the City of Kenai by quitclaim deed . Thus , staff is presenting a Substitute Ordinance for consideration by the City Council. To reflect the above discussed information, staff has updated the fourth, fifth, and eighth WHEREAS statements. Thank you for your consideration. Page 60 of 153 thui'7o(, KENAI, ALASKA "V CITY OF KENAI RESOLUTION NO. 2017-59 Sponsored by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND TO PURCHASE TWO TRUCKS, WITH ATTACHMENTS, FOR THE STREETS DEPARTMENT TO BE USED AS SNOW PLOWS, DUMP TRUCKS , AND SANDERS UTILIZING THE ALASKA DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES FLEET PROCUREMENT CONTRACT. WHEREAS, two Streets Department trucks are scheduled to be replaced in fiscal year 20 18 per the Equipment Replacement Fund ; and, WHEREAS , KMC 7.15.070 (b) (4) provides for the purchase of supplies, materials, equipment or contractu a l services purchasable under the contract of another governmental agency in which contract the City is authorized to participate ; and , WHEREAS, the City is utilizing the Alaska Department of Transportation & Public Facilities purchasing contract awarded July 8, 2013 which expires September 29, 2017; and , WHEREAS, Construction Machinery Industrial, LLC (CMI) is the f leet contract vendor for the vehicle chassis and Bob Services is the fleet contract vendor for the vehicle attachments; and, WHEREAS , the recommendation from City Administration is to purchase two trucks and attachments for the total approximate cost of $459,008 . NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That the City Manager is authorized to purchase two trucks with attachments for the total approximate cost of $459,008 from CMI and Bob Services utilizing the Alaska Department of Transportation & Public Facilities fleet purchasing contract. Section 2. Th at this resolution takes effect immediately upon passage . PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 61h day of September, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: Jamie Heinz, Acting City C lerk. Approved by Finance : Page 61 of 153 'Vtfl~e a1/th a Pa.r~ Ct'tj a11'th a h.tfif'e " 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?c:> Sean Wedemeyer, Public Works Director/Capital Projects Manager S!'\W' August29, 2017 Purchase of Two Trucks with Attachments for the Streets Department This purpose of this memo is to recommend adoption of a resolution authorizing the purchase of two trucks for the Streets Department. Two of the Streets Department sanders are scheduled for and in need of replacement. Looking forward we will need a plow truck capable of plowing Beaver Loop Road . The purchase of these trucks and attachments will satisfy both of these needs . Bo t h trucks will be up-fitted to accommodate installation of a plow and belly blade . Both wil l have t ilt bed dump beds allowing them to be utilized year round and protecting the chassis from sa lty sand when used in winter. One plow and one belly blade and two sander uni ts will be purchased . Thank you for your consideration . Page 62 of 153 August 11, 2017 Page 1 of 2 Special City Council Meeting KENAI CITY COUNCIL – SPECIAL MEETING AUGUST 11, 2017 – 12:00 P.M. KENAI CITY COUNCIL CHAMBERS, 210 FIDALGO AVENUE, KENAI, ALASKA, 99611 http://www.kenai.city MINUTES CALL TO ORDER Mayor Gabriel called the meeting to order at approximately 12:00 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 Henry Knackstedt Bob Molloy Jim Glendening Tim Navarre Glenese Pettey Not present: Mike Boyle comprising a quorum of the Council. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Christine Cunningham, Assistant to City Manager 3. Agenda Approval MOTION: Council Member Knackstedt MOVED to approve the agenda and Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. NEW BUSINESS 1. City Council Interviews of City Clerk Applicant Finalists. Page 63 of 153 August 11, 2017 Page 2 of 2 Special City Council Meeting Council conducted interviews in open session of City Clerk candidates in the following order: Arlon Taylor; Jamie Heinz. PUBLIC COMMENTS No Comments. EXECUTIVE SESSION MOTION: Council Member Molloy MOVED to enter into executive session to discuss the interviews of City Clerk applicant finalists pursuant to AS 44.62.310(C)(2)(D)(5) a subject that tends to prejudice the reputation and character of an applicant; and meetings of the governmental body when holding a meeting solely to act upon matters of professional qualifications, and requested the City Attorney and City Manager be available. Councilor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. Council reconvened in open session Council Member Molloy reported the Council provided direction to Administration to prepare a contract for review and enter into employment agreement negotiations with Jamie Heinz for the position of City Clerk. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 2:57 p.m. Minutes prepared and submitted by: _______________________________________ Christine Cunningham, Assistant to City Manager Page 64 of 153 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 16, 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 16, 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 (telephonic) Jim Glendening Glenese Pettey Mike Boyle (telephonic) A quorum was present. Also in attendance were: **Brittany Gilman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, Acting City Clerk 3. Administer Oath of Office for Student Representative Brittany Gilman Mayor Gabriel administered the Oath of Office for Student Representative Brittany Gilman. 4. Agenda Approval Mayor Gabriel noted the following additions to the packet: Add to Item D.7. Resolution No. 2017-54 • Amendment Memo Add to Item D.10. Resolution No. 2017-57 • Memorandum in Support Remove Item G. 2. Purchase Orders Exceeding $15,000. Page 65 of 153 City of Kenai Council Meeting Page 2 of 11 August 16, 2017 Add to Item J. 1. City Manager’s Report • Letter to Kenaitze Indian Tribe Supporting a Transportation Project MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions to the agenda and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 5. 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. Heather Cavanaugh, Alaska Communications – Update on Alaska Communications’ High-Speed Broadband Network Expansion. Heather Cavanaugh, Director of External Affairs and Stan Masneri, District Operations Manager for Alaska Communications, provided an overview on a recently received grant and plans to expand Alaska Communications’ High Speed Broadband Network. After a brief recess, Mayor Gabriel took the liberty of reading a proclamation honoring Dick Morgan, the last surviving member of the City of Kenai Charter Commission, who had recently passed away. C. UNSCHEDULED PUBLIC COMMENTS Jill Schaefer provided an overview of the bed tax and sales tax propositions that had been considered by the Borough Assembly at their recent meeting noting she heard overwhelming remarks from Kenai constituents that, if given the choice, they supported the increase to the sales tax cap instead of the bed tax. Page 66 of 153 City of Kenai Council Meeting Page 3 of 11 August 16, 2017 D. PUBLIC HEARINGS 1. Ordinance No. 2973-2017 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2973-2017 and the motion was SECONDED by Council Member Knacksteddt. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. The library director was thanked for her work in applying for the grant. VOTE: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: **Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2974-2017 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. VOTE: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: **Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: Page 67 of 153 City of Kenai Council Meeting Page 4 of 11 August 16, 2017 Council Member Knackstedt MOVED to enact Ordinance No. 2975-2017 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. Administration provided an overview of the project noting scoping, design, and construction was to be accomplished in three phases and clarified that the mechanical schematic design was included in the scoping phase; anticipated construction to begin in 2018. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by removing the words, “and construction engineering,” in the third whereas clause and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: **Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2976-2017 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. MOTION: Council Member Knackstedt MOVED to amend by removing the sentence in parenthesis in Section 5 and the motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: Page 68 of 153 City of Kenai Council Meeting Page 5 of 11 August 16, 2017 **Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Glendening MOVED to enact Ordinance No. 2977-2017 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. MOTION TO POSTPONE: Council Member Glendening MOVED to postpone to the September 6 meeting where a substitute ordinance and public hearing would be provided and the motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. It was noted that there was an error with the procedure which was being corrected by the postponement. VOTE: There being no objections, SO ORDERED. 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. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2978-2017 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. VOTE: YEA: Molloy, Knackstedt, Gabriel, Pettey, Navarre, Boyle, Glendening NAY: **Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. Page 69 of 153 City of Kenai Council Meeting Page 6 of 11 August 16, 2017 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. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-54 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. MOTION TO AMEND: Council Member Molloy MOVED to amend by the “General Fund” amounts in Section 1 to $17,613.86 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. An annual summary of how the software helped the City was requested. UNANIMOUS CONSENT was requested. VOTE ON THE MAIN MOTION: There being no objection; SO ORDERED. 8. Resolution No. 2017-55 – Awarding A Three-Year Contract for Telecommunications Services to Alaska Communications. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-55 and 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. Administration provided an overview of the services provided by the contract and noted confidence that the bidders knew what they were bidding on. VOTE: There being no objection; SO ORDERED. 9. Resolution No. 2017-56 – Authorizing an FY2017 Budget Transfer in the Senior Citizen Fund for Personnel Costs in Excess of Budgeted Amounts. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-56. The motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. Page 70 of 153 City of Kenai Council Meeting Page 7 of 11 August 16, 2017 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that controls had been put into place to prevent the excess from happening in the future. VOTE: There being no objection; SO ORDERED. 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. MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017-57 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. Administration requested postponement as there had been a request to revisit the terms of the lease. MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone to the next meeting and the motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. 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. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2017-58 and the motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing. Marian Nelson, Board Member, expressed gratitude for consideration of the donation. There being no one else wishing to be heard, public comment was closed. It was noted that the building was likely the oldest building the City owned and investment into the facility was practical. It was also noted that an as-built survey may be required and it was hoped administration would be helpful if that were the case. VOTE: There being no objection; SO ORDERED. Page 71 of 153 City of Kenai Council Meeting Page 8 of 11 August 16, 2017 E. MINUTES 1.*Regular Meeting of August 2, 2017 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] 3. *Action/Approval – Non-Objection of the Marijuana Licence Renewals for Red Run Cannabis Company, LLC and Red Run Cannabis Cultivators, LLC. Approved by the consent agenda. 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, Recreation or Youth Centers, Churches, Correctional Facilities, and Substance Abuse Treatment Facilities and Approving a Policy to Provide Guidance in Measuring Pedestrian Routes. Introduced by the consent agenda and public hearing set for September 6, 2017. 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. Introduced by the consent agenda and public hearing set for September 6, 2017. 9. 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. MOTION: Council Member Molloy MOVED to authorize 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 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. Page 72 of 153 City of Kenai Council Meeting Page 9 of 11 August 16, 2017 Administration noted there had been 8,500 downloads of the app. VOTE: There being no objection; SO ORDERED. 10. 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. MOTION: Council Member Mollooy MOVED to authorize 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 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. It was clarified that there had been no secondary plans in the case the nest was not utilized the following year as the nest had been utilized for the past three years running. VOTE: There being no objection; SO ORDERED. [Clerk’s Note: Council Member Navarre left the meeting at 7:18 p.m.] H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – It was reported that at their August 10 meeting, the Council heard a presentation by Dan Nelson on emergency preparedness and how seniors can volunteer and also discussed goals. The Council was notified of an Open House for Vintage Pointe’s 25th Anniversary; next meeting September 14. 2. Airport Commission – It was reported that at their August 10 meeting the Commission discussed and recommended approval of the SOAR lease renewal and were advised of the plan to provide for an automated airport parking add-on feature for users to extend payment by phone if needed; next meeting September 14. 3. Harbor Commission – It was reported that at their August 7 meeting the Commission continued looking at defining their roles and responsibilities, researched no-wake signs at the mouth of the river, and supported the Landscape Site Plan Ordinance; next meeting September 11. 4. Parks and Recreation Commission – No report; next meeting September 7. 5. Planning and Zoning Commission – It was reported that the Commission met August 9 and discussed and recommended approval of the SOAR lease renewal and held a public hearing prior to recommending approval of a material extraction ordinance and suggesting clearing limits be included with the ordinance; next meeting August 23. 6. Beautification Committee – It was reported that on August 8, a special meeting was held and what did/did not work for flower beds and gardens was discussed; next meeting September 12. 7. Mini-Grant Steering Committee – No report. Page 73 of 153 City of Kenai Council Meeting Page 10 of 11 August 16, 2017 I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • September’s Coffee with the Mayor would be held at the Art Guild. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Prepared a letter of support for the Kenaitze Indian Tribe who was applying for a grant for a fixed route transportation project; • Thanked the Chamber of Commerce for entering into the Memorandums of Understanding and the work they would be doing; • Continued work with State Parks for permitting for a Silver Salmon Derby; • Summarized the legislative update from the Joint Chambers of Commerce Luncheon; • Participated in a surveyed regarding criminal re-entry and recidivism; • Noted the Bluff Erosion Project was still open for public comment. There was no objection to the manager sending the letter of support to the Kenaitze Indian Tribe for the transportation project grant. 2. City Attorney – No Report. 3. City Clerk – Acting City Clerk J. Heinz reported on the following: • Thanked the Council for the opportunity to interview for the City Clerk position and ultimately offering her the position; • Reported the Candidate filing period for City Council closed on August 15 – three candidates would be on the ballot to fill two City Council seats; • Voters wanting to vote in the October 3 election needed to be registered by September 3; • Absentee voting was to begin on September 18. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Johna Beech noted Industry Appreciation Day was August 26 and special awards were being provided this year. 2. Council Comments Council Member Pettey congratulated Student Representative Gilman and welcomed her to Council. Council Member Knackstedt echoed welcoming Student Representative Gilman and Congratulated Kathy Romain on being the new Senior Center Director. Page 74 of 153 City of Kenai Council Meeting Page 11 of 11 August 16, 2017 Council Member Glendening echoed previous comments welcoming Student Representative Gilman and thanked the manager for his answers regarding projects. Student Representative Gilman expressed gratitude for the opportunity to serve as Student Council Representative and noted that she was honored to serve this year. Councilor Molloy echoed others welcoming Student Representative Gilman; thanked department directors for status reports and updates provided in the packet; wished candidates for City Council a good campaign. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:45 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 16, 2017. _____________________________ Jamie Heinz, CMC Acting City Clerk **The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 75 of 153 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 76 of 153 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 77 of 153 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 78 of 153 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 79 of 153 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 80 of 153 (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 81 of 153 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 82 of 153 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 83 of 153 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 84 of 153 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 85 of 153 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 86 of 153 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 87 of 153 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 88 of 153 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 89 of 153 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 90 of 153 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 91 of 153 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 92 of 153 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 93 of 153 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 94 of 153 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 95 of 153 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 96 of 153 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 97 of 153 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 98 of 153 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 99 of 153 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 100 of 153 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 101 of 153 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 102 of 153 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 103 of 153 (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 104 of 153 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 105 of 153 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 106 of 153 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 107 of 153 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 108 of 153 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 109 of 153 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 110 of 153 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 111 of 153 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 112 of 153 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 113 of 153 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 114 of 153 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 115 of 153 TO: THROUGH: FROM: DATE: SUBJECT: 'Vtffa;e «1/ti a Pa~~ Ct'tj «1/ti a h.tal"e 11 210 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?. t...? · Matt Kelley, City Planner /J}f_ August 31 , 2017 Resolution No . 2017-57 This communication provides additional information regarding Resolution No . 2017-57. The Resolution as presented to the City Council on August 16, 2017 was postponed at the request of staff, to allow for a meeting with Dick Page of SOAR International Ministries, Inc . Staff met with Mr. Page on August 25, 2017 to discuss the proposed lease renewal as it was presented to the City Council. In those discussions , it was mutually agreed that both the City and SOAR International Ministries, Inc., understand that the lease may be extended for up to five years under the same terms and conditions of the current lease. It was also agreed that a Second Amendment to Lease would be prepared for Council consideration that would extend the lease one year in anticipation of the City revising its leasing practices . The agreement preserves SOAR International Ministries' ability to pursue a lease extension of at least the remaining four years or alternatively by mutual agreement, a new lease under anticipated new leasing terms. Staff has prepared a Second Amendment to Lease , and would like to request that the City Council postpone Resolution No . 2017-57 to the next regular meeting of September 20, 2017. Staff will then refer the lease amendment to the Planning & Zoning Commission at their meeting of September 13 , 2017 and the Airport Commission at their meeting of September 14, 2017 . Staff will then bring back a Substitute Resolution and a Second Amendment to Lease of Airport Lands for the City Council to consider at their meeting of September 20 , 2017. Thank you for your consideration . Page 116 of 153 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: SEPTEMBER 6, 2017 VENDOR DESCRIPTION PERS PERS PREMERA BLUE CROSS HEAL TH INSURANCE INVESTMENTS VENDOR DESCRIPTION PIPER JAFFRAY U .S . GOVT SECURITY PIPER JAFFRAY U .S. GOVT SECURITY PIPER JAFFRAY U.S. GOVT SECURITY PIPER JAFFRAY U.S. GOVT SECURITY PIPER JAFFRAY U.S . GOVT SECURITY PIPER JAFFRAY U.S . GOVT SECURITY DEPARTMENT VARIOUS VARIOUS MATURITY DATE 8/28/2019 8/30/2022 8/30/2022 8/30 /2019 9/3/2019 51812020 ACCOUNT AMOUNT LIABI LITY 87 ,278 .62 LIABILITY 152 ,588.16 AMOUNT Effect. Int. 245,000.00 1.70% 245,000.00 2.4% 245,000.00 2.35% 245,000.00 1.7 0% 245,000.00 1.75% 245,000 .00 1.75% Page 117 of 153 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF : SEPTEMBER 6, 2017 VENDOR DESCRIPTION DEPT. GMW FIRE PROTECTION FY18 FIRE SYSTEM TESTING VARIOUS ALASKA PUMP & SUPPLY LIFT STATION PUMP SEWER INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # -DEPT. ACCOUNT AMOUNT REPAIR & MAINTENANCE 17,892.00 MACHINERY & EQUIPMENT 18,497.00 REASON AMOUNT TOTAL PO AMT Page 118 of 153 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 2981-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, CHAPTER 1.15 – RULES OF ORDER, TO CHANGE GENDER SPECIFIC LANGUAGE TO GENDER NEUTRAL, PROVIDE CONSISTENCY IN THE REFERENCES TO THE CHAIR OF A MEETING, AND OTHER HOUSEKEEPING CHANGES. WHEREAS, consistent with the ongoing effort to gender neutralize Kenai Municipal Code when opportunities present themselves, several amendments to KMC Chapter 1.15- Rules of Order, are required; and, WHEREAS, KMC Chapter 1.15 – Rules of Order, also has numerous inconsistencies in its references to ‘presiding officer’ and ‘chair’ and amendments are needed to provide consistency and clarity; and, WHEREAS, other housekeeping changes are needed to replace antiquated language and correct scrivener errors. 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. Section 2. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.010 – Presiding Officer, is hereby amended as follows: (a) The Mayor shall preside at all meetings of the Council. He or she shall preserve order and decorum among the Council Members and is responsible for conduct of all meetings in compliance with these rules. He or she may, at any time, take such reasonable action as he or she deems proper to preserve order among the spectators in the Council Chamber during sessions of the Council. He or she may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duly seconded as herein provided. He or she may participate in the debate on any matter. He or she may, at any time, call any member to the Chair during any meeting, such substitution to discontinue when he or she elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. (b) In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the Council to order at any regular or duly called special meeting to elect a president pro tempore from among its numbers; and the president pro tempore shall exercise all powers of Chair[MAN] during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. Page 119 of 153 Ordinance No. 2981-2017 Page 2 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.060 – Motions, is hereby amended as follows: (a) A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained. (b) No appeal from any decision of the Chair [PRESIDING OFFICER] shall be entertained unless it is seconded, and no other business shall be in order until the question on appeal has been decided. The question on appeal is not debatable and shall be put as follows: “Shall the decision of the Chair stand as the judgment of the Council?” It shall be deemed to be decided in the affirmative unless a majority of the votes given are to the contrary. (c) Any member may make a parliamentary inquiry of the Chair[MAN] at any time during the meeting. (d) Any member may make a point of order without a second at any time. The Chair [PRESIDING OFFICER] may speak to points of order in preference to other members, and shall decide all such questions, subject to appeal to the Council by motion duly seconded; and no other business shall be in order until the question on appeal has been decided. (e) When the previous question is moved by any member, all debate on the main question shall be suspended immediately and the Chair [PRESIDING OFFICER] shall put the question to the following form: “The previous question is moved on (specifying the motion on which the previous question is demanded). As many as are in favor of ordering the previous question will so indicate.” If four (4) members vote affirmatively, the affirmative has it, the previous question is ordered, and the Chair[MAN ] will proceed immediately to put to a vote the question on which the previous question was ordered. If less than four (4) members so indicate, the negative has it, the motion is lost, and the question reverts to the immediately pending question, which is again open to debate and amendment as if the previous question has not been demanded. (f) The Chair [PRESIDING OFFICER] shall put all questions in the order in which they are moved unless a subsequent motion shall be previous in its nature, except in naming sums and fixing times, the largest sum and the longest time shall be put first. (g) When a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof at the same meeting or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the Council. (h) A motion to reconsider requires four (4) votes; if such motion thus prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debate on motions to reconsider shall be limited to twenty-five (25) minutes, and no member shall speak more than five (5) minutes. No motion shall be reconsidered more than once. (i) A motion must be reduced to writing if the presiding officer so requires or any member so demands, and no other motion shall be entertained until reasonable time (not over ten (10) minutes) if afforded for compliance with this rule. (j) Any previous vote may be rescinded by vote of four (4) members of the Council at any time, provided the subject matter has not passed out of the control of the Council. Page 120 of 153 Ordinance No. 2981-2017 Page 3 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (k) All motions shall require a second, unless otherwise provided. (l) Any member may require the division of a question when each part is capable of standing alone [THE SENSE OF IT WILL ADMIT]. (m) When a question is under debate, the presiding officer shall receive any of the following motions but no other: (1) To adjourn; (2) To recess; (3) To raise a question of privilege; (4) To call for the order of the day, or the regular order; (5) To lay on the table; (6) For the previous question; (7) To limit or extend limits of debate; (8) To postpone to a certain time; (9) To refer; (10) To postpone indefinitely. (n) When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made; and in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven (7) are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended; the previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in [OTHER] order, provided that business of a nature to be recorded in the journal has been transacted since any previous motion to adjourn has been defeated. No motion or proposition of a subject different to that under consideration shall be admitted under [COLOR OF] an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of any member, and take precedence over all of the business. (o) After a motion is stated or read by the presiding officer, it shall be deemed to be in the possession of the Council, and shall be disposed of by vote, but the mover may withdraw it at any time before decision or amendment, by consent of the second. (p) The motion “to postpone to a certain time” is the motion by which action on a pending question or agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until after a certain event. Section 4. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.070 – Ordinances – Procedure in passing, is hereby amended as follows: (a) Every ordinance shall be introduced in writing and shall be orally read before any vote for passage thereof is taken. After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least five (5) days prior to the time advertised for public hearing. Page 121 of 153 Ordinance No. 2981-2017 Page 4 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (b) At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjourned, all persons interested who appear shall be given an opportunity to be heard. Before the hearing begins, the ordinance shall be read a second time by title or in full. (c) After such hearing, the Council may finally pass such ordinance with or without amendments. The vote on final passage shall be by roll call, and the vote shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. By unanimous consent of all Council[MEN] Members present, such ordinances may be read a second time and then, by the required vote, be passed, on the same day on which they are introduced. All persons present shall be given an opportunity to be heard before the vote on final passage. (e) After final passage, every ordinance shall be published by posting it in full on the Council bulletin board. (f) Emergency ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. All other ordinances shall go into effect one month after passage and publication unless they specify a later time, or unless they are referred to the voters by the referendum. (g) Within a reasonable time after final passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances of the City. Section 5. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.090 – Ordinances and resolutions, is hereby amended as follows: Oral reading in full of an ordinance or resolution may be waived by unanimous consent of all Council[MEN] Members present, but in such case the ordinance or resolution shall be read by title. Section 6. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.100 – Speaking, is hereby amended as follows: (a) A member about to speak shall respectfully address the Chair, and shall not commence to speak until recognized by the Chair [PRESIDING OFFICER]. When two (2) or more members request to speak at the same time, the Chair [PRESIDING OFFICER] shall determine which one is recognized. (b) Every member while speaking shall confine himself or herself to the subject under debate, shall refrain from personalities, and shall not refer to any other member of the Council except in a respectful manner. (c) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parliamentary inquiry or make a point of order. (d) No member shall speak more than twice or for more than ten (10) minutes continuously to any one question, except that one or more additional periods of ten (10) minutes may be Page 122 of 153 Ordinance No. 2981-2017 Page 5 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] granted by unanimous consent. The reading of papers desired by any member shall be read by himself or herself or by the City Clerk within the member’s time limitation unless permission for the Clerk to read such paper outside the time limitation is unanimously granted. Section 7. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.110 – Voting, is hereby amended as follows: (a) The Chair [PRESIDING OFFICER] shall declare all votes; but, if any member doubts a vote, the Chair [PRESIDING OFFICER], without further debate upon the question, shall request the members voting in the affirmative and negative respectively to indicate by show of hands, and he shall declare the result. (b) In all meetings of the City Council, the vote shall be taken by yeas and nays on the passage of all ordinances, resolutions, and authorizations for the payment of money, and on the passage of any motion, order, or resolution when called for by any member of the Council, and such yea and nay vote of each member shall be permanently entered on the record of the proceedings of the Council by the City Clerk. Other voters may be by voice or show of hands. (c) No member shall vote on any question in which he or she is pecuniarily interested directly or indirectly and in which his or her vote may be decisive, except as herein set forth. Should any member desire to intend to have business dealings with the City whereby he or she may derive income and benefits other than those provided as remuneration for his or her official duties, he or she shall file with the City Clerk, in such form as the Clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the interest, direct or indirect, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post a copy of said statement on the Council bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transaction, and the City Clerk may require a deposit to insure payment thereof. The Council shall take no action with regard thereto until at least ten (10) days shall have elapsed after the filing of the statement by the member and until at least seven (7) days shall have elapsed after the publishing and posting of said statement as required herein. (See also Chapter 1.85.) (d) Every member who shall be present when a question is put, when he or she is not disqualified by personal interest, shall vote, unless the Council for special reason excuses him or her. Applications to so excuse must be made before the vote, and shall be decided without debate. (e) Anything to the contrary in these rules notwithstanding, in all cases where an extraordinary majority is not required, and when no motion is before the Council, the Chair may, in lieu of calling for or waiting for a motion to be made, put the question in the following form: “Without objection, it will be so ordered.” If no objection is heard, he or she shall announce: “It is so ordered,” which will have the same effect as if a motion to that effect has been made and voted upon favorably. If a single objection is reasonably expressed when the question is put, the Chair shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regular manner. (KC 1-18) Page 123 of 153 Ordinance No. 2981-2017 Page 6 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 8. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.120 – Voting, is hereby amended as follows: (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writing as a non-emergency ordinance, and may be passed in the same manner as other non-emergency ordinances. (b) Robert’s Rules of Order Newly Revised, 11th Edition, shall govern in all cases to which they are applicable and in which they are not inconsistent with City Charter or ordinance and any special rules of order the Council may adopt. (c) The Council rules shall be observed in all cases unless suspended temporarily for a special purpose of an emergency nature by a vote of five (5) members present. Any member may move, at any time, for the suspension of any rule, and such motion must be seconded to entitle it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the Chair [PRESIDING OFFICER] shall, or any member may, call the member to order; in which case the member so called to order shall immediately cease discussion unless permitted by the Chair [PRESIDING OFFICER] to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, the member shall be at liberty to proceed; if otherwise, the member shall not proceed without leave of the Council to proceed in order. (KC 1-19; Ord. 2614-2012) Section 9. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.130 – Telephonic participation, is hereby amended as follows: (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the Vice-Mayor or president pro tempore shall preside. (b) No more than the first three (3) members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting unless it is a special meeting called to consider an emergency action, in which case all members may participate telephonically. (c) The member shall notify the Clerk’s office as soon as reasonably practical, but not less than two (2) hours prior to the start of the Council meeting that the member proposes to attend by telephone. Such notification shall state the reason for telephonic participation and shall provide the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification within the period of time provided herein shall result in the member’s exclusion from attendance of a Council meeting through telephonic participation. The Clerk shall notify all Council members of the request. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion, voting, constituting a quorum and attendance. Page 124 of 153 Ordinance No. 2981-2017 Page 7 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the Chair [PRESIDING OFFICER] to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone at the member’s expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. (j) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (l) Remarks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, “telephone” means any system for synchronous two (2) way voice communication. “Mayor” includes the Vice-Mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of four (4) regular meetings by teleconference during the twelve (12) month period starting November 1st of each year unless an exception provided below applies and any number of special meetings or work sessions. (o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or extended medical care and treatment or death of the member’s immediate family. (p) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year when the member is traveling on Council approved City business. (q) In this section, “immediate family” means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person’s spouse. Page 125 of 153 Ordinance No. 2981-2017 Page 8 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (r) In this section “City business” means anytime a member is traveling or in a location outside the City on behalf of the City or attending training, as approved by Council and in compliance with the Council Travel Policy. (s) In this section “emergency action” means any action which in the judgment of Council is necessary for the immediate preservation of public peace, health or safety. (Ords. 2130- 2005, 2168-2006, 2203-2006, 2701-2013, 2813-2015) 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 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 ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, Acting City Clerk Introduced: September 6, 2017 Enacted: September 20, 2017 Effective: October 20, 2017 Page 126 of 153 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Jamie Heinz, Acting City Clerk DATE: August 31, 2017 SUBJECT: Ordinance No. 2981-2017 – Gender Neutrality and Chair References When considering Ordinance No. 2971-2017 at the August 2 City Council Meeting, it was noted there were several gender specific references to Council members and several inconsistent references to the meeting chair and presiding officer in KMC Chapter 1.15 – Rules of Order. This ordinance changes gender specific language to gender neutral language and provides consistency to the references to the meeting chair. Your consideration is appreciated. Page 127 of 153 tltu ityof, KENAI, ALASKA ~ CITY OF KENAI ORDINANCE NO. 2982-2017 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 7.30 .010-AIRPORT LAND SALE PERMANENT FUND, TO ELIMINATE REFERENCES TO THE AIRPORT ENTERPRISE FUND WHICH IS NO LONGER UTILIZED. WHEREAS , The City operates a permanent fund which invests the proceeds from the sale of property deeded to the City by the Federal Aviation Administration for the use and benefit of the Kenai Municipal Airport; and, WHEREAS, in July 2008 via Ordinance 2326-2008, a new investment methodology was authorized for the Airport Land Sale Permanent Fund; and, WHEREAS, Ordinance 2326-2008 also established a percent of market value distribution methodology for the fund by which the annual transfer from the permanent fund to the Airport Special Revenue Fund, for airport operations and capital purchases, cannot exceed five (5) percent of the five (5) year average of the fund 's calendar year end market value; and , WHEREAS , KMC 7.30.010 references an Airport Enterprise Fund and should be amended as operations of the airport are accounted for utilizing a special revenue fund; and, WHEREAS, this is essentially a housekeeping amendment as there will be no change in the management of, accounting for, or distributions from the Airport Land Sale Permanent Fund . 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. Section 2. Amendment of Section 7.30.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 7 .30.010 , is hereby amended as follows : 7 .30.010 Airport Land Sale Permanent Fund. (a) A separate fund of the City of Kenai is hereby established as the Airport Land Sale Permanent Fund . The purpose of the fund is to account for the principal proceeds of the sale of Airport Land. Airport Lands shall consist of all land owned by the City of Kenai and held by it for the use or benefit of the Kenai Municipal Airport under the terms of the 1963 Quitclaim Deed from United States of America recorded at Book 27, Page 303 at the Kenai Recording District, Kenai , Alaska . Additionally, any other land owned by the City and acquired with airport funds shall be Airport Lands. (b) The Airport Land Sale Permanent Fund shall be a restricted fund . The establishment of the fund known as the Airport Land Sale Permanent Fund is within the discretion of the Kenai City New Text Underlined ; [DELETED TE XT BRACKETE D] Page 128 of 153 Ordinance No. 2982-2017 Page 2 of 2 Council. Deed restrictions , Federal regulations and grant assurances require that airport funds be used for the use and benefit of the Kenai Municipal Airport. (c) The net proceeds received by the City on closing sale of Airport Lands shall be deposited in the Airport Land Sale Permanent Fund. Where notes are taken in payment for Airport Lands , all [PRINCIPAL] payments on said notes shall be deposited in the Airport Land Sale Permanent Fund . [INTEREST ON NOTES TAKEN IN PAYMENT FOR AIRPORT LANDS SHALL BE TRANSFERRED TO THE AIRPORT ENTERPRISE FUND .] (d) Money placed in the Airport Land Sale Permanent Fund shall not be available for use by the City for any purpose other than for investments in accordance with City ordinances. (e) [INTEREST OR INCOME EARNED BY THE AIRPORT LAND SALE PERMANENT FUND SHALL BE DEPOSITED IN THE AIRPORT ENTERPRISE FUND.] The City Council may, by ordinance , transfer funds from the Airport [ENTERPRISE] Special Revenue Fund to the Airport Land Sale Permanent Fund. After such a transfer, the money will become a part of the Airport Land Sale Permanent Fund to be used only for the investment purposes for which the fund is established . 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. Secti on 4 . Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 20 1h day of September, 2017 . ATTEST: Jamie Heinz , Acting City Clerk BRIAN GABRIEL SR., MAYOR Introduced : September 6, 2017 Enacted : September 20 , 2017 Effective : October 20, 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 129 of 153 1ll/t'f ~ «1/t/i a Pa~~ 0t'tt «1/t/i a Fu.t~ " 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 "t< O . Terry Eubank , Finance Director 1£. August 31 , 2017 Ordinance 2982-2017 The purpose of this memo is to recommend adoption of Ord inance 2982-2017. Ord inance 2982- 2017 will amend KMC 7.30 .010 to reflect current practice and the correct fund title and type . Currently KMC 7.30 .010 references an "Airport Enterprise Fund ". The Kenai Municipal Airport is accounted for as a Special Revenue Fund and not an Enterprise Fund . This change is essentially housekeeping in nature and will not impact any account balances or the methods by which the operations of the Airport are accounted for. KMC 7.30 .010 should have been amended with the 2008 change in investment and distribution methodology . Current practice is to record all investment earnings and land sales in the fund and base distribution on the average five year ending balance . Discussion of dis tributions was no longer needed in 7.30 .010 with the adoption of Ordinance 2326-2008 which created KMC 7.30 .020(f) which defines how distribution are to be made from the fund . This ordinance will remove the distribution provisions from this chapte r. This ordinance completes the changes started with Ord inance 2326-2008 and the changes refle ct current practice. Your support is respectfully requested . Page 130 of 153 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2983-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A DONATION TO THE KENAI PARKS & RECREATION DEPARTMENT FOR THE PURCHASE OF BLEACHERS. WHEREAS, the Kenai Rotary Club received a Community Development Renovation grant from District 5010 in the amount of $1 ,500 ; and, WHEREAS, the Kenai Rotary Club will match the grant award with funds from their club in the amount of $1,500; and, WHEREAS , the Kenai Parks & Recreation Department, pursuant to conditions of acceptance, will utilize the donated funds to assist with the purchase of a set of new bleachers for the adult softball fields. 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 : General Fund Increase Estimated Revenues : Donation $3,000 Increase Appropriations: Parks & Recreation -Machinery & Equipment $3,000 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 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 4 . Effective Date: That pursuant to KMC 1.15.0?0(f), th is ordinance shall take effect upon adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 2017 . New Text Underlin ed; [DELETED TEXT BRACKETED] Page 131 of 153 Ordinance No. 2893-2017 Page 2 of 2 ATTEST: Jamie Heinz, Acting City Clerk BRIAN GABRIEL SR, MAYOR Introduced: September 6, 2017 Enacted : September 20, 2017 Effective: September 20, 2017 New Text Underline d ; [DELETED TEXT BRACKETED] Page 132 of 153 'lftflate «J/t/i a Pa~~ Ot'tj «J/t/i a h.tll.l"e '' MEMORANDUM 210 F idalgo Ave , Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907 ) 283-3014 www.kena i.city TO: Mayor Brian Gabriel and Kenai City Council THROU~ Paul Ostrander, City Manager ? c.::>. FROM:~ Robert J. Frates, Parks & Recreation Director DATE: August 23, 2017 SUBJECT: Ordinance No. 2983-2017 -Kenai Rotary Club Donation Purpose of this correspondence is to recommend acceptance of a gift of funds from the Kenai Rotary Club . The funds will be applied towards the purchase of a new set of bleachers. The Club would like the gift to be used to assist with the cost of two new bleachers for Field #3 located at the adult softball fields . Both the Kenai Softball Association and the Kenai Central High School softball team use this field. The resulting bleacher replacement will increase spectator capacity, safety and comfort; lower maintenance costs are expected as well. Thank you for your consideration. Page 133 of 153 '''" &l•ty 11( /j KENAI, ALASKA ~ Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2984-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.55.060 -STAND-BY PAY, TO AMEND THE RATE OF STAND- BY PAY AND INCREASING WATER & SEWER FUND ESTIMATED REVENUES AND APPROPRIATIONS TO PROVIDE STANDBY PAY FOR CERTIF IED WATER AND WASTEWATER OPERATORS THAT WAS NOT INCLUDED IN THE FY2018 BUDGET. WHEREAS, changes to the State of Alaska Water and Wastewater Operator Certification and Training regulations, 18 AAC 7 4 , became effective on November 26, 2016 and included a requirement for a certified operator to be either onsite at the system or available by radio or telephone , and able to be onsite within one hour at all times; and, WHEREAS, the City does not currently utilize stand-by pay as provided for in the City's Code of Ordinances or require certified water and sewer employees to be on standby; however, employees are required to respond to emergency call outs when available and receive "call -out" pay-a minimum of two hours pay at overtime rates; and, WHEREAS, in order to comply with 18 AAC 7 4 , the City must have a certified operator avai lable to be onsite within one hour; and, WHEREAS , under the FLSA and due to the constraints placed on the employee's freedom , the City must compensate employees who are placed on standby duty; and, WHEREAS , amending the KMC definition of stand-by pay and paying employees placed on stand-by at a rate of 5% computed against Step A of the employee's pay range for each hour in stand-by status w ill allow the City to comply with DEC regulations at a rate comparable to other municipalities ; and , WHEREAS, the adopted FY2018 Budget did not include funds for standby pay , and an increase in the Water & Sewer Fund is necessary to provide for the cost of stand-by pay at the above rate for the remainder of FY2018; and , WHEREAS, providing sufficient funds for stand-by pay for certified water and sewer operators and amending the Kenai Municipal Code will bring the City into compliance with DEC regulations , provide flex ibility for staffi ng , and is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. Form : That th is is co de ordinance. Section 2. Amendment of Section 23.55.060 of the Kena i Municipal Code : That Kenai Municipal Code, Section 14.20.151 -Stand-by Pay, is amended as follows: New Text Underlined ; [DELETED TEXT BRACKETED) Page 134 of 153 Ordinance No. 2984-2017 Page 2 of 3 23.55.060 Stand-by pay. (a) Where employees are [REGULARLY] placed on a stand-by status [ON A DAY WHEN THEY ARE SCHEDULED TO BE OFF DUTY], they shall be entitled to a 5% rate of pay computed against Step A of the pay range of the employee [lWO (2) HOURS PAY] for [SUCH STAND-BY STATUS] each hour in stand-by status. (b) To be eligible for stand-by pay , an employee must formally be placed on stand-by status, with the approval of the City Manager, and the proper documentation indicating such approval placed in the employee 's personnel records . An employee in stand-by status must be available for call-outs [AND]... must be in a location whereby the responsible City personnel can communicate with him or her[.]. and comply with any other requirements of the approved stand-by pay. Section 4. That estimated revenues and appropriations be increased as follows: Water & Sewer Fund Increase Estimated Revenues - Appropriation of Retained Earnings Increase Appropriations: Water: Wages Overtime Medicare PERS Workers' Compensation Total Water Sewer: Wages Overtime Medicare PERS Workers' Compensation Total Sewer Wastewater Treatment Plant Wages Overtime Medicare PERS Workers ' Compensation Total Water Total Water & Sewer Fund $24 ,156 $4,633 250 71 1,075 288 $6 .317 $4,633 250 71 1,075 288 $6,317 $8,408 500 129 1,960 525 $11 ,522 $24, 156 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstance s is adjudged invalid by any court of competent jurisdiction , such New Text Un d e r li n e d ; !DELETED TEXT B RAC KE TED] Page 135 of 153 Ordinance No. 2984-2017 Page 2 of 3 judgment shall be confined in its operation to the part, provision , or application directly invol ved 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 othe r 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 s hall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, th is 201h day of September, 2017. ATTEST : Jamie Heinz, Acting City Clerk Approved by Finance __ J~~----- BRIAN GABRIEL SR., MAYOR Introduced: September 6 , 2017 Enacted: September 20 , 2017 Effective : September 20 , 2017 New Text Underlined; [DELETED TEXT BRACKETED] Page 136 of 153 "Vt1/a3e with a Pas~ Ci-ly with a Future" 210 Fidalgo Avenue, 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 '?.~. Christine Cunningham, Assistant to City Manager/ HR~ August30, 2017 Ordinance No . 2984-2017 -Stand-by Pay The purpose of this memo is to provide support for Ordinance No. 2984-2017, amending Kenai Municipal Code (KMC) section 23 .55.060, Stand-by pay . Changes to the State of Alaska Water and Wastewater Operator Certification and Training regulations, 18 AAC 7 4, became effective November 26, 2016 . The amended regulations specify that a large water treatment, water distribution, wastewater treatment, and wastewater collection system must have an operator certified at a level equal to or greater than the classification of the system, either onsite at the system or available by radio or telephone, and able to be onsite within one hour at all times. At this time, the City employs seven full-time certified operators in the water and sewer and wastewater divisions of the Public Works Department. These employees are required to respond to emergency call outs when available. However, certified operators have not been placed on a stand-by status in the past. If an employee is required to remain on call while not scheduled to work , whether or not the time should be compensated under the Fair Labor Standards Act (FLSA) depends on the constraints on the employee 's freedom. For certified utility operators , being on call means being able to be available by radio or telephone and able to be on-site at the system within one hour at all times. The employee's activities are restricted so that during the time the employee is on stand-by , he or she is prohibited from consuming alcohol or engaging in other activities, such as travel, that would inhibit the employee 's immediate availability. The City's Code currently provides for stand-by pay which would entitle an employee placed on stand-by status to two hours of pay. A recent salary and benefits comparison for public utility positions in which other cities provided information on their stand-by or on-call rates show most cities surveyed pay an hourly rate ranging between $1.50 -3.50 per hour. The 5% rate of pay computed against Step A of the pay range of the employee for each hour in stand-by status proposed in Ordinance No . 2984-2017, averages to approximately $1.60 per hour. The benefit of Page 137 of 153 setting the rate at a percent of the employee 's base pay is that it allows the rate to automatically adjust over time with amendments to the City's sa lary schedule , such as cost-of-living adjustments (COLAs) or re-classifications . Amending the KMC definition of stand-by pay and paying employees placed on stand-by at a rate of 5% computed against Step A of the employee 's pay range for each hour in stand-by status will allow the City to comply with Department of Environmental Conservation (DEC ) regu lations at a rate comparable to other municipalities and with the flexibility to automatically adjust without requiring subsequent changes to the City's Code. Employees who respond to emergency call outs would still be eligible to receive "call-out" pay - a minimum of two hours pay at overtime rates , as provided in the City's Code . The most recent update to the 2016 18 AAC 74 Regulation Changes was published on April 18, 2017 , and a recommendation for an amendment to the KMC section 23.55 .060 -Stand-by pay, was not completed in advance of the deadline to submit for inclusion in the FY18 Budget, and compensation to certified utility operators for stand-by pay was not included in the FY18 Budget. Page 138 of 153 Sponsored by: Administration CITY O F KENAI ORDINANCE NO. 2985-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 13.20 .035-CAMPING, FIRES AND OTHER ACTIVITIES ON CITY BEACHES, TO PROHIBIT THE BURNING OF PALLETS AND OTHER WOOD MATERIALS CONTAINING METAL FASTENERS ON CITY BEACHES. WHEREAS , burning of pallets and other wood materials containing metal fasteners on City beaches often results in nails and screws left behind after the fire is extinguished and abandoned; and , WHEREAS , nails, screws and other metal fasteners left on C ity beaches can not only be unsightly, but present a hazard to vehicles, pedestrians and animals; and , WHEREAS, the City receives complaints about metal fasteners left on the beaches from fires and expends resources to clean the beaches; and, WHEREAS, it is in the best interest of the City to prohibit the burning of pallets and other wood materials containing metal fasteners on City beaches . NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA , as follows : Sectio n 1. Form : That this is a code ordinance. Section 2. Amendment of Section 13.20.035 of the Kenai Municipal Code : That Kenai Municipal Code , Section 13.20 .035-Camping, fires and othe r activit ies on City Beaches , is hereby amended as follows: Camp ing , [F]fires, and [O]Oth er [A]Activities on C ity [B]Beac hes. (a) The intent of this section is to regulate camping , fires and other activi t ies on City beaches that threate n or have the potential to threaten or damage public and private property, use and enjoyment of the beaches, public safety, health and welfare , and other City interes ts. (1) Camping , starting o r maintaining open fires , and parking on City beaches is prohibited as follows : (A) On t hat portion of the South Beach beginning at the line common to the NE ~. and SE ~. of Section 7, Township 5 North , Range 1 1 West, Seward Meridian Alas ka South to the City of Kenai boundary, located on Section 7 and 18 , Township 5 North , Range 11 West, Seward Meridian, as shown on Append ix V of Title 13 of the Kena i Municipal Code . (B) On all City Beaches. the burning of pallets and other wood materials containing metal fasteners. (2) With reasonable public notice , and w ithout furthe r autho riza tion , the City Manager may temporarily close City beaches or portions thereof to camping , starting or maintaining open fires, New Text Underlin ed; [DELETED TEXT B RACKET ED] Page 139 of 153 Ordinance No . 2985-2017 Page 2 of 2 park ing, vehicular access and other similar activities . Causes for such tempo rary closures include but are not lim ited to extreme high tides , cond itions creating high fire dangers, health hazards , high waters or flooding or other risks to public safety, health or welfare or for the maintenance of City owned or managed property. (A) Any temporary closure described in subsection (a)(2) above authorized by the City Manager must be reported to Council at the next Council meeting after the temporary closu re takes effect. (B) Temporary closures authorized by the City Manager as described in subsection (a)(2) above may not exceed thirty (30) days . The Council may extend and modify closures by resolution . (b) "City beaches," for purposes of this section , means the areas of the North and South Beach as shown on Appendix Ill of Title 13 of the Kenai Municipal Code. (c) A violation of this section shall be punishable as provided in KMC 13.05.010. (d) The provisions of this section do not apply to governmental officials in the performance of the ir official duties, or to private property owners otherwise lawfully engaged in activities on their private property. Section 3. Severability : That if any part or provision of this ord inance 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20 th day of October, 2017. ATTEST: Jamie Heinz, Acting City Clerk BRIAN GABRIEL SR., MAYOR Introduced : September 6, 2017 Enacted : September 20, 2017 Effective : October 20, 2017 New Text Underlined; [DELETED TE XT BRACKETED) Page 140 of 153 'Viti'~ «1/t/i a Pacf~ Ct'tf «1/t/i a rat(IJ<1!, II 210 FidalgoAve, 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 Y · O · August 29 , 2017 Prohibition of burning wood materials containing metal fasteners on City beaches The City has received numerous complaints about nails and screws being left on City Beaches from pallet fires, creating a hazard for vehicles , pedestrians and animals. This ordinance will prohibit the burning of wood materials containing metal fasteners on City beaches. Your consideration is appreciated. Page 141 of 153 COUNCIL ON AGING MEETING AUGUST 10, 2017 – 4:30 P.M. KENAI SENIOR CENTER CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Geller called the meeting to order at 4:30 p.m. Roll was confirmed as follows: Members Present: Chair V. Geller, Vice Chair A. Weeks, M. Milewski, J. Hollier, B. Modigh, R. Williams, L. Nelson Members Absent: B. Osborn, G. Alexander Staff/Council Liaison Present: Administrative Assistant K. Romain, Council Member B. Molloy A quorum was present. 2. AGENDA APPROVAL Councilor Williams MOVED to approve the agenda and Council Member Hollier SECONDED the motion. There being no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. April 13, 2017 Councilor Hollier MOVED to approve the April 13, 2017 meeting summary; Council Member Milewski SECONDED the motion. There being no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – a. Scott Walden, Emergency Management Director, Kenai Peninsula Borough – Emergency Preparedness for Seniors Dan Nelson, Program Manager, attended and spoke for Scott Walden. He explained what the Emergency Preparedness for Seniors program included and requested 25-30 hours of senior volunteer participation to: • Assist during informational meetings • Work the call center • Monitor social media, robo-calls, and door-to-door informational campaigning Discussion followed during which it was noted information would be included in the Senior Center’s newsletter related to the preparedness program, the possibility of hosting an outreach class for emergency preparedness for seniors, suggestion of a shelter provided in Kenai, the Senior Center’s emergency plans, etc. 5. UNFINISHED BUSINESS a. Service Animals vs. Emotional Animals at the Senior Center Page 142 of 153 Council on Aging April 13, 2017 Page 2 of 2 It was noted that the policy and procedures for allowing dogs at the Senior Center would be finalized at the September meeting. 6. NEW BUSINESS a. Review of Goals Topics noted were: Solarium improvement, electric cord coverage at buffet table, generator discussion, heating situation in Center, modernization of computer room, part-time janitorial position. 7. REPORTS a. Senior Center Director – Administrative Assistant Romain reported on the following: • Old-timers luncheon was successful; • Retirement party for Director Craig would be held 9-22-2017; • Vintage Point 25th Anniversary celebration would be held on 9-07-2017; • Commissioner G. Alexander’s resignation from Council on Aging. b. Council on Aging Chair – No report. c. City Council Liaison – B. Molly noted the Bluff Restoration comment period ended, alternatives and funding sources were discussed; Council authorized purchase of lots; and there were two applicants for the City Clerk’s position who would be interviewed. 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 14, 2017 9. QUESTIONS & COMMENTS 10. PERSONS NOT SCHEDULED TO BE HEARD – None 11. INFORMATION - None 12. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 6:00 p.m. Meeting summary prepared and submitted by: _____________________________________ Tawni Eubank Administrative Assistant Page 143 of 153 KENAI AIRPORT COMMISSION August 10, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: J. Bielefeld, P. Minelga, G. Feeken, C. Henry, K. Dodge, J. Zirul, D. Pitts Staff/Council Liaison Present: Airport Manager M. Bondurant, Council Member H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Bielefeld MOVED to approve the agenda and Commissioner Henry SECONDED the motion. There were no objections; SO ORDERED. 2. PERSONS SCHEDULED TO BE HEARD – None. 3. UNSCHEDULED PUBLIC COMMENT Councilor J. Glendening noted he appreciated the comments on Lawton Acres at the City Council Meeting. 4. APPROVAL OF MEETING SUMMARY a. July 13, 2017 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary from July 13, 2017 and Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED. Page 144 of 153 Airport Commission July 13, 2017 Page 2 of 2 5. UNFINISHED BUSINESS - None 6. 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. The Airport Manager summarized her memo, provided in the packet, which recommended approval. MOTION: Commissioner Henry MOVED to recommend to Council to approve the Lease Renewal to SOAR International Ministries, Inc. and Commisioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager – reported on airport projects and thanked Commissioners Zirul, Minelga, and Feeken for attending the August 2nd City Council meeting. b. City Council Liaison – reported on various actions at last Council meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 14, 2017. Airport Manager M. Bondurant noted she may be unable to attend the meeting. 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Feeken noted she would like to see the signs removed from Lawton Acres. 10. ADDITIONAL PUBLIC COMMENT – None 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:15 p.m. Meeting summary prepared and submitted by: _____________________________________ Tawni Eubank Administrative Assistant Page 145 of 153 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS AUGUST 23, 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, D. Fikes, 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 MOTION: Commissioner Halstead MOVED to approve the agenda and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda; Commissioner Springer 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 – K. Peterson Page 146 of 153 Planning and Zoning Commission Meeting August 23, 2017 Page 2 2. *APPROVAL OF MINUTES: a. *August 9, 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: a. PZ17-28 - Original Preliminary Plat of Cook Inlet Shores 2017 Addition and Section Line Easement Vacation, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of Steve Perrizo, 2290 Royal Street, Kenai, Alaska 99611 and Salamatof Native Association, Inc., P.O. Box 2682, Kenai, AK 99611 City Planner Kelley reviewed his staff report provided in the packet noting the plat vacated a section line easement and eliminated a public access point to the beach, but pointed out that the creation of Royal Street nearby provided equal or better access and recommended approval with the following conditions: • Further development of the property shall conform to all Federal, State, and local regulations. MOTION: Commissioner Fikes MOVED to approve Resolution No. PZ17-28 and Commissioner Halstead SECONDED the motion. Commission Chair Twait opened the public hearing; there being no one wishing to be heard, public comment was closed. It was clarified that application had been made to the state for approval of the section line vacation which would take place after the City and the Kenai Peninsula Borough approved it. VOTE: YEA: Fikes, Springer, Greenberg, Askin, Twait, Halstead NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ17-25 - Application for a Conditional Use Permit to redevelop the existing boat launch located at Eagle Rock to be more user friendly and protect vulnerable natural features. Redevelopment is proposed to include: Resurfacing and reconstruction of the Entrance Road; Installation of new Traffic Flow Devices; Construction of a Camp Host Site, Replacement of the Existing Boat Ramp and Installation of New Elevated Walkways; Page 147 of 153 Planning and Zoning Commission Meeting August 23, 2017 Page 3 Development also Includes Installation of Bank Erosion Control Measures and User Interpretative Features. The project is located at 4306 Eagle Rock Drive (KPB Parcel Number 049-060-88), and further described as Tract A, Poore Subdivision. The application was submitted by State of Alaska, Department of Natural Resources, Division of Parks & Outdoor Recreation, 550 W. 7th Ave., Suite 650, Anchorage, Alaska 99501. City Planner Kelley reviewed his staff report provided in the packet noting the Conditional Use Permit would allow improvements to the existing boat launch and parking facility located at Eagle Rock Boat Launch and, based on the review of criteria, found that the permit could be approved with the following conditions: • Further development of the property shall conform to all Federal, State, and local regulations, including those required by the Kenai Peninsula Borough; • Prior to construction or redevelopment, the applicant shall obtain all required Building Permits; • The applicant shall minimize damage to all vegetation and shall revegetate all disturbed areas with native vegetation; • Construction techniques and best management practices shall be utilized to ensure that land disturbing activities do not result in water runoff or sedimentation to the Kenai River; • Pursuant to Kenai Municipal Code Section, 14.20.150(f) the property owner shall submit an Annual Report to the City of Kenai. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-25 and Commissioner Askin SECONDED the motion. Commission Chair Twait opened the public hearing. Loren Flory suggested that without adding extra parking at the boat launch, the project wasn’t necessary. Tracy Poore noted the boat launch opened in 1965 or 1966; suggested the reduction of parking would cause more problems. Jacob Gondeck, Engineer for State Parks, clarified that usage was considered when developing the parking plan; noted the intent to limit RV parking and creating two ADA parking lots while following ASHOE guidelines. Noted that as many parking spaces as possible were incorporated after considering multiple configurations and maximizing the space available due to inability to expand the area. Also clarified that if additional parking were to become available, the flow pattern in existence would be utilized and that they hoped to begin construction early 2018 and be completed by the time fishing season began. Jacques Kosto, Chief Ranger for Kenai Management Area, noted the difficulty in determining the number of parking spots available as the first parked vehicles for the day set the parking configuration; discussed the facility’s daily use. Mr. Kosto also explained the department was hopeful to contract with a private shuttle service to assist with transporting launch users to a nearby parking area in July, which was the only time the launch exceeded capacity. Page 148 of 153 Planning and Zoning Commission Meeting August 23, 2017 Page 4 There being no one else wishing to be heard, public comment was closed. It was clarified that the parking ordinance didn’t set regulations for commercial recreational spaces; also clarified that the City commented on the Department of Transportation’s roadway project, suggesting a solution be put into place to curb or enforce parking in the Right-of-W ay across the highway from Eagle Rock Road. VOTE: YEA: Springer, Fikes, Greenberg, Askin, Twait, Halstead NAY: MOTION PASSED UNANIMOUSLY. Chairman Twait noted the fifteen-day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Glendening reviewed the Action Agenda for the August 16 City Council meeting which was provided in the packet. b. Borough Planning – Kenai Peninsula Borough Planning Commissioner Fikes reviewed actions from the Borough Planning Commission meeting of August 14. c. Administration – City Planner M. Kelley reported on the following: • Asked that Commissioners consider the APA conference in November; • Attended FEMA’s Risk Mapping meeting. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: September 13, 2017 Commissioner Springer noted that he wasn’t going to be attending the September 13 meeting. 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Greenberg thanked the State Parks Department for upgrading Eagle Rock and also noted the Kenai Peninsula Borough Comprehensive Plan Revision team had a booth at Industry Appreciation Day and encouraged the Commissioners to stop by. 15. ADJOURNMENT: Page 149 of 153 Planning and Zoning Commission Meeting August 23, 2017 Page 5 There being no further business before the Commission, the meeting was adjourned at 8:06 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Acting City Clerk Page 150 of 153 KENAI BEAUTIFICATION COMMITTEE AUGUST 8 , 2017 – 7:30 P.M. CITY HALL COUNCIL CHAMBERS CHAIR LISA GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Gabriel called the meeting to order at 7:40 p.m. Roll was confirmed as follows: Members present: Chair L. Gabriel, T. Canady, R. Sierer, B. Madrid, S. Peterson, Members absent: Staff/Council Liaison present: Parks and Recreation Operator R. Dodge, Parks and Recreation Director B. Frates, Council Liaisons J. Glendening & B. Molloy. A quorum was present. 2. AGENDA APPROVAL MOTION: Committee Member Peterson MOVED to approve the agenda and Member Sierer SECONDED the motion. There were no objections; SO ORDERED. 3. BUSINESS a. Discussion – Summer Flowerbeds Committee members reviewed the City’s flower beds and discussed what worked well visually and made suggestions for next year. It was noted that the flowerbeds looked and performed better overall this year, possibly influenced by plant selection, watering and effort to weed and deadhead more frequently. Grass clippings added to beds helped with weed suppression, water retention, and soil temperature. The Committee recommended the following: • Chamber Fire Pit – add trailing nasturtiums, possibly add Mr. Stacky to center of bowl. • Fire Department Bed – less kale, rearrange to prevent blocking out other flowers. • Library – add more blue salvia, create a wave effect, eliminate some of the iris • Lief Hanson Memorial Park – replace mini bells in gazebo baskets, chrysanthemums overpowered begonias, add another type of flower to “town tree” that can be planted between perimeter flowers and the ninebark (chrysanthemums and night sky petunias). • Circle Planters – consider planting intersection planters using same plant and design theme and alternating along Spur Highway. 4. NEXT MEETING ATTENDANCE NOTIFICATION – September 12, 2017 5. PERSONS NOT SCHEDULED TO BE HEARD – None. 6. INFORMATION – None. 7. ADJOURNMENT Page 151 of 153 Beautification Committee Meeting May 9, 2017 Page 2 There being no further business before the Committee, the meeting was adjourned at 8:00 p.m. Meeting summary prepared and submitted by: _____________________________________ Tawni Eubank, Administrative Assistant Page 152 of 153 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCI L MEETING OF: SEPTEMBER 6, 2017 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT FESTIVE OUTFITTERS R-22 REFRIGERANT RECREATION OPERATING SUPPLIES 6 ,358.21 LARSON ENGINEERING CROSSING SPUR HWY AT SHOTGUN RD. WATER PROFESSIONAL SERVICES 6 ,556.00 LN CURTIS & SONS 2 SETS TURN OUT GEAR FIRE SMALL TOOLS 4,504.00 ALASKA INSTRUMENT WONDERWARE SUPPORT RENEWAL W/S/WWTP SOFTWARE 6 ,675.60 ALASKA SURE SEAL CRACK SEALING AIRPORT REPAIR & MAINTENANCE 13,432.50 ALASKA MAP CO . GIS SUPPORT SERVICES P&Z PROFESSIONAL SERVICES 3,000.00 CONSTRUCTION MACHINERY CUTTING EDGES STREETS OPERATING SUPPLIES 5,657.94 FOREMOST PROMOTIONS FIRE PREVENTION SUPPLIES FIRE OPERATING SUPPLIES 3 ,469.81 US POST AL SERVICE POSTAGE FOR METER LIBRARY POSTAGE 3,000.00 Page 153 of 153 SEPTEMBER 6, 2017 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to Item D.4. Resolution No. 2017-59 • Informational Memo City Manager