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HomeMy WebLinkAbout2018-01-03 Council Packet KENAI CITY COUNCIL - REGULAR MEETING JANUARY 03, 2018 - 6:00 PM KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE KENAI, AK 99611 http://www.kenai.city A.CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL 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) B.1.Kenai Senior Connection – Senior Center Atrium Project and March for Meals Donation B.2.Robert Ruffner, Member, Alaska Board of Fisheries – 2014/2016 Integrated Water Quality Monitoring and Assessment Report Integrated Report Highlights Condition of Alaska's Water.pdf B.3.Dean Williams, Commissioner, Alaska Department of Corrections – Wildwood Correctional Work Release Program C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.PUBLIC HEARINGS D.1.Ordinance No. 2992-2017 - Waiving the Requirements of KMC 17.20.010 - Mandatory Connections and Abandonment of Old On-Site Sewer Systems, for 2737 Iliamna Road Ordinance No. 2992-2017.pdf D.2.Ordinance No. 2993-2017 - Amending Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making other Material and Housekeeping Changes Ordinance No. 2993-2017.pdf 1 Kenai City Council Meeting Page 2 January 03, 2018 D.3.Ordinance No. 2994-2017 – Increasing Estimated Revenues and Appropriations in the Senior Citizen Fund for the Donation of a 2018 Subaru Outback Vehicle for the Meals-on-Wheels Program from Subaru of America, Inc. and Meals on Wheels Association of America Ordinance No. 2994-2017.pdf D.4.Resolution No. 2018-01 - Adopting the City of Kenai Capital Improvements Plan Priority Lists for State Funding Requests for the Fiscal Year 2019 Resolution No. 2018-01.pdf E.MINUTES E.1.*Work Session of November 29, 2017 11-29-17 Work Session DRAFT - Land Sale and Leasing.pdf E.2.*Regular Meeting of December 6, 2017 12-06-17 Council Minutes.pdf F.UNFINISHED BUSINESS G.NEW BUSINESS G.1.*Action/Approval – Bills to be Ratified. Bills to be Ratified.pdf G.2.*Action/Approval – Purchase Orders Exceeding $15,000. Purchase Orders over $15,000.pdf G.3.*Action/Approval – Non-Objection to Liquor License Renewals for: • Country Liquor • Uptown Motel/Back Door Lounge • Uptown Motel/Louie’s • The Upper Deck • Fraternal Order of Eagles #3525 Liquor License Renewals.pdf G.4.*Ordinance No. 2995-2018 - Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for Employee Travel and Training Ordinance No. 2995-2018.pdf G.5.*Ordinance No. 2996-2018 – Authorizing a Budget Transfers in the Public Safety Improvements Capital Project Fund and the Animal Control Facility Improvements Capital Project Fund for the Transfer of Remaining Balances from Completed Capital Projects to the City Dock Repair Capital Project Fund and Appropriating such Transfers and Insurance Proceeds Received from the City’s Insurer to Complete Repairs to Damage Sustained from the Magnitude 7.1, January 2016 Southcentral Alaska Earthquake and for the Installation of a New Cathodic Protection System and Other Repairs Ordinance No. 2996-2018.pdf G.6.*Ordinance No. 2997-2018 – Amending Kenai Municipal Code 14.20.330- Standards for Commercial Marijuana Establishments, for Purposes of Consistency with the City’s Land 2 Kenai City Council Meeting Page 3 January 03, 2018 Use Table Ordinance No. 2997-2018.pdf G.7.*Ordinance No. 2998-2018 – Repealing, Renaming and Re-Enacting Kenai Municipal Code Chapter 21.10-Leasing Of Airport Reserve Lands to Encourage Growth, Development and a Thriving Aviation Community Through Responsible Land Policies and Practices Ordinance No. 2998-2018.pdf G.8.Action/Approval – Special Use Permit for the Challenger Learning Center of Alaska to Continue Use of a Donation Kiosk in the Kenai Airport Terminal Special Use Permit for Challenger Learning Center.pdf G.9.Action/Approval – Special Use Permit for Schillings Rentals for Snow Storage Schillings AK - Special Use Permit.pdf G.10.Action/Approval – Set a Board of Adjustment Hearing Date G.11.Action/Approval – Mayoral Appointment of Council Member Bob Molloy to the Supervisory Sub-Committee. Supervisory Sub-Committee.pdf G.12.Discussion – Code Language Change for Disposal of Obsolete or Surplus Goods Obsolete Surplus Memo.pdf H.COMMISSION/COMMITTEE REPORTS H.1.Council on Aging H.2.Airport Commission H.3.Harbor Commission 12-11-17 Harbor Summary - DRAFT.pdf H.4.Parks and Recreation Commission 12-07-17 Parks & Rec Summary - DRAFT.pdf H.5.Planning and Zoning Commission 12-13-17 P&Z Minutes - DRAFT.pdf H.6.Beautification Committee H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR J.ADMINISTRATION REPORTS J.1.City Manager Mid-Month Reports.pdf 3 Kenai City Council Meeting Page 4 January 03, 2018 Land Sale and Leasing Policies and Procedures Comments.pdf J.2.City Attorney J.3.City Clerk K.ADDITIONAL PUBLIC COMMENT K.1.Citizens' Comments (Public comment limited to five (5) minutes per speaker) K.2.Council Comments L.EXECUTIVE SESSION - None M.PENDING ITEMS - None INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 - $15,000.pdf N.ADJOURNMENT 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. 4 1 FOR IMMEDIATE RELEASE — December 15, 2017 CONTACT: Cindy Gilder, Division of Water, (907) 269-3066, cindy.gilder@alaska.gov Integrated Report Highlights Condition of Alaska’s Water Eighteen healthy waters identified. DEC proposing to add the Kenai and Little Susitna Rivers to Alaska’s list of waters that are not meeting all water quality criteria. Public invited to comment. (ANCHORAGE, AK) — The Alaska Department of Environmental Conservation (DEC) has released for public comment the draft 2014/2016 Integrated Water Quality Monitoring and Assessment Report. The federal Clean Water Act requires each state to monitor and report every two years on the quality and status of its waters. This biennial report, called the “Integrated Report,” helps states identify and prioritize waters for watershed protection, data gathering, and pollution restoration. The report for Alaska was prepared by DEC using available water quality data and includes a list of “impaired” waters, the waters in Alaska that do not consistently meet all state water quality criteria. “In placing a waterbody on the list of impaired waters, this opens up a dialog with the public on how best to address the water quality concerns,” stated DEC’s Water Division Director Andrew Sayers-Fay. “For example, Granite Creek in Sitka was added to the impaired waters list in 1996 because of turbidity and sediment concerns. Through collaborative actions with the City and Borough of Sitka, including financial assistance through DEC’s Alaska Clean Water Actions grants, the water quality of Granite Creek was restored, and it is now being removed from the impaired waters list.” In the draft 2014/2016 Integrated Report, eighteen waterbodies that were examined are listed as meeting all water quality standards. The Kenai River on the Kenai Peninsula and Little Susitna River in the Matanuska-Susitna Borough are both proposed to be listed as impaired due to excess turbidity. Turbidity is a measurement of water clarity, and increased turbidity is caused by sediment particles and other organic matter becoming suspended in the water column. The levels of turbidity in these rivers often exceed state water quality standards applicable to recreation and drinking water uses. Under the Clean Water Act and state law, all water bodies are to be protected for all designated uses unless the state follows a separate public process to remove a designated use. “Although the Kenai and Little Susitna Rivers are impaired due to turbidity, the overall health of both rivers is good,” said Sayers-Fay. “We plan to take the time that is needed to gather additional data that would be helpful in better understanding the potential causes of the high turbidity and the degree to which we have a continuing problem. We 5 2 look forward to collaborating with other agencies, local officials, and stakeholders to find workable solutions. It’s a lot easier to fix pollution problems when they are small and isolated and everyone is pulling the same direction.” DEC is also proposing to list the Little Susitna River as threatened by petroleum pollution. Petroleum at the levels measured in the Little Susitna River can be detrimental to aquatic life. Fishing from boats with older, more polluting 2-stroke motors is prohibited in the Little Susitna under a ban passed by the Alaska Board of Fisheries. The 2-stroke motor ban went into effect in January 2017 and is expected to reduce petroleum pollution to levels that meet state water quality standards for petroleum. Once additional water quality sampling confirms the petroleum standard is being met, DEC can remove the Little Susitna River from the impaired list for petroleum contamination. The public has until 5pm AKST January 29, 2018, to comment on DEC’s findings in the draft 2014/2016 Integrated Report. A public meeting is also scheduled for January 4, 2018, in Anchorage. For more information on how to submit comments and for a list of frequently asked questions, see: http://dec.alaska.gov/water/wqsar/waterbody/integratedreport.htm. Below is a summary of the draft 2014/2016 Integrated Report actions: There are five categories to which a waterbody can be assigned:  Categories 1 and 2 are waters for which there is enough information to determine that they have attained all or some of the standards for their designated uses.  Category 3 are waters for which there is not enough information to determine their status .  Category 4 are waters that are impaired, but have waterbody recovery plans.  Category 5 are waters that are impaired and do not yet have a waterbody recovery plan. Category 5 waters are also known as Clean Water Act Section 303(d) impaired waters. Eighteen waters are now proposed to have met standards in Category 2 for some criteria:  Five Unnamed Creeks, near Sweetwater Lake and USFS 3030 Road, where the waters are in attainment of the water quality criteria for a variety of metals.  Chatanika River, north of Fairbanks, where the water is in attainment of the water quality criteria for arsenic and dissolved oxygen.  Chena River in Fairbanks where the water is in attainment of the water quality criteria for sediment.  Chena Slough in Fairbanks is in attainment of the water quality criteria for sediment.  Cottonwood Creek in Wasilla is in attainment of the water quality criteria for dissolved gas, pH, sediment (settleable solids), and turbidity.  Granite Creek in Sitka where the water is in attainment of the water quality criteria for sediment and turbidity.  Kenai River in Kenai where the water is in attainment of the water quality criteria for arsenic, cadmium, chromium, lead, and pH.  Lake Hood and Spenard Lake in Anchorage is in attainment of the water quality criteria for dissolved oxygen.  Little Meadow Creek in the Matanuska-Susitna Borough is in attainment of the water quality criteria for dissolved gas; petroleum hydrocarbons, oils, and grease; pH; sediment; toxic and other deleterious organic and inorganic substances; and turbidity. 6 3  Meadow Creek in the Matanuska-Susitna Borough is in attainment of the water quality criteria for dissolved gas; petroleum hydrocarbons, oils, and grease; pH; sediment; toxic and other deleterious organic and inorganic substances; and turbidity.  Mosquito Lake on the Haines Highway is in attainment of the water quality criteria for dissolved gas, fecal coliform bacteria, and pH.  Noyes Slough in Fairbanks is in attainment of the water quality criteria for sediment standard, but remains impaired from residues and petroleum hydrocarbons.  Udagak Bay on Unalaska Island is in attainment of the water quality criteria for residues.  Wasilla Creek in the Matanuska-Susitna Borough is in attainment of the water quality criteria for dissolved gas; petroleum hydrocarbons, oils, and grease; pH; sediment (settleable solids); and turbidity. Five waters are now in Category 4a under a plan:  Cottonwood Creek in Wasilla was previously in Category 5/Section 303(d) impaired list; the water now has a Total Maximum Daily Load (TMDL) that was developed and approved for fecal coliform bacteria.  Goldstream Creek in Fairbanks was previously in Category 5/Section 303(d) i mpaired list; the water now has a TMDL that was developed and approved for turbidity and total suspended solids.  Hawk Inlet in Southeast Alaska was previously in Category 5/Section 303(d) impaired list; the water now has a TMDL that was developed and approved for cadmium, copper, lead, mercury, and zinc.  Matanuska River near Palmer was previously in Category 5/Section 303(d) impaired list; the water now has a TMDL that was developed and approved for residues/debris.  Slate Creek in Denali National Park was previously in Category 5/Section 303(d) impaired list; the water now has a TMDL that was developed and approved for antimony, arsenic, and iron. One water is now proposed to be place in Category 4b with alternative pollution controls:  Little Susitna River threatened for 8.5 miles due to petroleum hydrocarbons and now has a waterbody recovery plan. Three new waters are proposed for placement in Category 5/Section 303(d) impaired list:  Lake Lucille in the Matanuska-Susitna Borough where two areas of freshwater lake bed sediments have elevated levels of lead and zinc. Lake Lucille is under an existing plan to correct dissolved gas.  Kenai River for 7.5 miles for turbidity.  Little Susitna River for 8.5 miles for turbidity. Little Susitna is also proposed to be listed as threatened from petroleum hydrocarbons from motorized boats. Since a plan is in place to address the petroleum hydrocarbons, the river is also placed in Category 4b. ### 7 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2992-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING THE REQUIREMENTS OF KMC 17.20.010 -MANDATORY CONNECTIONS AND ABANDONMENT OF OLD ON-SITE SEWER SYSTEMS , FOR 2737 ILIAMNA ROAD. WHEREAS, the owner of 2737 lliamna Road , Mike Chivers, has approached the City to request the waiver of KMC 17.20.010-Mandatory Connections and Abandonment of Old On-Site Sewer Systems; and, WHEREAS, the sewer service at the four unit apartment building at 2737 lliamna Road failed; and, WHEREAS, attempts at locating the failure in the sewer line serving this property were unsuccessful; and, WHEREAS, because of the expense and timeliness of installing a sewer main and service line to serve this property, Mike Chivers has requested an exception to the requirements of KMC 17.20.01 O; and , WHEREAS , if the exception is granted, the owner of 2737 lliamna Road will continue to pay a monthly fee equal to the amount he would pay if his property was connected to the City sewer system; and , WHEREAS, this will offset the loss of revenue the City would have received through sewer payments meeting the intent of the code provisions being waived to help the City recoup the costs associated with maintaining sewer mains . 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. The requirements of KMC 17.20.010 are hereby waived for 2737 lliamna Road. Section 3. Mike Chivers will pay the City the monthly fee for sewer service and the City Manager is authorized to execute an agreement memorializing the same Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. 8 Ordinance No. 2992-2017 Page 2 of 2 The City Council hereby declares that it would have enacted the remainder of this ordinance e ven without such part, provision , or application . Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of January 2018. ATTEST: Jamie Heinz, City Clerk BRIAN GABRIEL SR., MAYOR Introduced: December 6, 2017 Enacted : Janua ry 3, 2018 Effective : February 2, 2018 9 'V/t'l'Pfe «J/t/t, a PaJ'~ Ct'tj «J/t/t, a ratw<-e II 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai. city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager?c?. Sean Wedemeyer, Public Works Director/Capital Projects Manager 5}14/ November 6, 2017 Ordinance Waiving KMC 17.20.010 for 2737 lliamna Rd. Mike Chivers has approached the City to request the waiver of KMC 17.20.01 O -Mandatory Connections and Abandonment of Old On-Site Sewer Systems. The request is for 2737 lliamna Rd . An apartment building with four units is located on this parcel. On October 16 one of his tenants made Mr. Chivers aware that sewage was backing up into the build ing . He called Peninsula Pumping who were unsuccessful in clearing the sewer service line . He called Roto-Router who lanced the service line for 300'. They did not find an obstruction . Neither contractor had any suggestions to fix his sewer serv ice line . Mr. Chivers paid for an on- site porta-potty and his tenants ' off-site showers while he searched for a solution. On October 17 Brent Jacobs , Water & Sewer Foreman, met with Mr. Chi vers onsite. It was determined that his service line crossed at least one property line, and was more likely to end in a tank or crib on a different property rather than the City sewer main due to the distance from the main and direction it was heading. Jacobs checked the City ma ins in th e area and found nothing indicating a blockage. Mr. Chivers then met with me, and I explained his options. The solution that would have met all City codes and Alaska Department of Conservation (ADEC) regulations , extending our main 200' down lliamn a Rd., would require months to execute and cost a minimum of $2 5,000 . Another solution I detailed was to run a service line parallel to and within the Righ t of Way. I explained that he could seek permission to do this, but that I woul d have to report it is not in the best interest of the City. The third option I suggested could be a possibility was an on-site septic system. We called ADEC and determined this was a viable option. I exp lained to Mr. Chivers this option would require City Council to waive KMC 17.2 0.010, and that he should contact the City Manager, who was out of the office for the remainder of the week. Believing he had no choice due to time constraints , Mr. Chivers immediately contacted a licensed and bonded engineer and contractor and installed an onsite septic system. 10 Page 2 of 2 Mr. Chivers reports that his tenants are low-income , and that without the approval of th is wa iver they w ill likely become homeless, because he cannot afford to extend the City main, and the City would be required to condemn the building wit hout operating sewer facili ties . He has been paying a sewer bill since 1992, and would cont inue to pay for sewer if granted this waive r . He has been paying for water since 2016, when he co nnected to our main adjacent to his property. Adoption of this ordinance wou ld waive the pro visions of KMC 17 .20.010 . Th is structure will help recoup the costs associated with maintaining the City sewer mains whi le avoiding excessi ve costs for Mr. Chivers. An agreement will be drafted and recorded that will assure that this agreement will go with the property if ownership changes . Your consideration is appreciated . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2994-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE SENIOR CITIZEN FUND FOR THE DONATION OF A 2018 SUBARU OUTBACK VEHICLE FOR THE MEALS ON WHEELS PROGRAM FROM SUBARU OF AMERICA, INC. AND MEALS ON WHEELS ASSOCIATION OF AMERICA. WHEREAS, in celebration of its 501h anniversary, and in keeping with its philosophy of supporting local communities, Subaru of America , Inc. donated 50 new 2018 Subaru Outback vehicles (wrapped with Meals on Wheels America and 'Subaru Loves to Help' co-branding) to select Meals on Wheels programs throughout the country to be used in the delivery of an estimated 53,000 meals to an additional 3 , 700 seniors across 39 states to address the Meals on Wheels network's growing demand for fuel-efficient, versatile and safe delivery vehicles to enable the nation's most vulnerable seniors to live nourished lives with independence and dignity; and, WHEREAS, Subaru, along with Subaru retailers , has supported Meals on Wheels for the last nine years through Share the Love , contributing more than $12 million to Meals on Wheels America and providing more than 1 .7 million nutritious meals, friendly visits , and safety checks to seniors in communities nationwide; and , WHEREAS, the Kenai Senior Center Administrative staff, with the approval of the City Manager, prepared and submitted a grant application to the "Subaru 50 Cars for 50 Years Vehicle Donation" and were , along with Homer Senior Citizens , Inc., awarded a 2018 Subaru Outback valued at $30,605; and, WHEREAS, the donation of the 2018 Subaru Outback will enhance the Kenai Senior Center's Meals on Wheels program by providing the ability to deliver an approximate 30 additional meals per month to its current 1,980 monthly meal deliveries. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. That this is a non-code ordinance. Section 2. That the City Manager is authorized to accept the donation of a 2018 Subaru Outback Vehicle for the Meals-On-Wheels Program from Subaru of America, Inc. and the Meals- On-Wheels Association of America to be used for the delivery of meals to qualifying seniors. 36 Ordinance No. 2994-2017 Page 2 of 2 Section 3. That estimated revenues and appropriation be increased as follows : Senior Citizens Fund Increase estimated revenues - Donations Increase appropriations -Home Meals - Machinery & Equipment $30,605 $30 ,605 Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction , such judgment shall be confined in its operation to the part, provision , or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 3 day of January, 2018 . ATTEST: Jamie Heinz, City Clerk Approved by Finance: BRIAN GABRIEL SR., MAYOR Introduced: December 6, 2017 Enacted: January 3, 2017 Effective: January 3, 2017 37 0 Vi111lje with a Past City with a Future n 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /Fax: 907-283-3014 www .kenai.clty MEM ORAN DU M TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager -:f. c::> · Kathy Romain, Director, Kenai Senior Center t!Jl-- November 29, 2017 Ordinance No. 2994-2017, Increasing Revenues and Appropriations In the Senior Citizen Fund for the Donation of a 2018 Subaru Outback Vehicle for the Meals on Wheels Program from Subaru of America, Inc. and Meals on Wheels Association of America. Subaru of America, Inc. donated 50 new 2018 'Subaru Outback vehicles (wrapped with Meals on Wheels America and 'Subaru Loves to Help' co-branding) to select Meals on Wheels programs throughout the country to be used in the delivery of Meals on Wheels to seniors across 39 states . The Kenai Senior Center had the opportunity to apply to the "Subaru 50 Cars for 50 Years Vehicle Donation" and were subsequently awarded one of two 2018 Subaru Outbacks within the State of Alaska. The second vehicle was awarded to the Homer Senior Citizens, Inc. Representing the City of Kenai Senior Center, I traveled to Anchorage on November 17, 2017 to accept the new vehicle during a celebration event at Continental Subaru and had the pleasure of driving the vehicle back to Kenai that evening . We appreciate the opportunity provided by the City of Kenai, Subaru of America, Inc., and Meals on Wheels of America to apply for the "Subaru 50 Cars for 50 Years Vehicfe Donation" grant and look forward to utilizing the 2018 Subaru Outback in early January, 2018. We appreciate your support of Ordinance No. 2994-2017. 38 39 40 41 42 43 44 45 46 KENAI CITY COUNCIL WORK SESSION NOVEMBER 29, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR GABRIEL, PRESIDING NOTES Council present: B. Gabriel, H. Knackstedt, T. Navarre, G. Pettey, J. Glendening, and B. Molloy Others present: City Manager P. Ostrander, City Manager Assistant C. Cunningham, Deputy City Clerk J. Kennedy, City Attorney S. Bloom, Finance Director T. Eubank, Airport Commissioner G. Feeken, Airport Commissioner P. Minelga, Planning & Zoning Commissioner K. Peterson, and Airport Commissioner C. Henry Mayor Gabriel began the work session at approximately 6:00 p.m. introducing the Council members and advising the work session was called to discuss the Land Sale and Leasing of City Lands. City Manager Ostrander introduced staff present and informed those in attendance that an internal working group was formed to address the Land Sale and Leasing of City Lands. Ostrander explained that this group worked diligently over the course of 8 months and Assistant to the City Manager, Christine Cunningham would present on responsible Land Sale and Leasing Policies and Procedures. City Manager Ostrander added that the goal is a product that makes sense to the current Lessees, to the existing businesses in the City of Kenai, to the businesses that are potentially looking to locate here, and to the City of Kenai itself. Ostrander noted that input from Council, Commissioners, and the public are greatly encouraged. Legislation to be presented to the City Council City Manager hopefully in early January. City Manager Ostrander introduced Donna Logan with the McDowell Group and noted that the two goals are to address those properties off-Airport land and those properties on Airport Reserve. Mayor Gabriel welcomed public comment before the presentations as listed on the agenda, but offered that it could instead be added to the time provided after the presentations. D. Logan provided handouts and presented on the Airport Land Sale Valuation in varying scenarios and added that the financial factors to consider are: 1) How do you Value your Land; 2) Inflation; and 3) Impact on Property Taxes. Logan explained that a financial analysis was done as requested by the City of Kenai and a memo summarizing that was also included in the handouts. Logan provided clarification that a market appraisal or lease value assessment was not done on private sector versus the Airport section; also provided clarification on projections of leasing versus selling and the permanent fund returns and the return rate. Assistant to the City Manager, C. Cunningham provided the Land Sale and Leasing Policies and Practices handouts and presented it. Cunningham explained that the working group focused on recommendations to address a number of issues as well as simplify and streamline the City’s land sale and lease program. She provided background information, where the City of Kenai is now, objectives developed, an action plan representing recommendations, and a timeline. Included in 47 KENAI CITY COUNCIL WORK SESSION NOVEMBER 29, 2017 PAGE 2 C. Cunningham’s handouts and presentation was the draft Municipal Lands Management Plan and Lands Inventory Analysis. Duane Bannock expressed gratitude to City Manager Ostrander for his time and working to thoroughly change what is currently not working. Bannock expressed dissatisfaction in the massive loss of the bowling alley that was sold by the City of Kenai at price substantially under its appraised value and then put together a generous financial plan to sell the property. Bannock also expressed that the selling of the bowling alley completely changes the dynamic of the figures presented and asked that it is considered when weighing the factor of risk to sell or to lease. Airport Commission Member P. Minelga spoke against selling the airport property; asked if an infrastructure analysis was done; suggested the plan goes further than simple land management and it looked like a master plan for future of the City. He noted things to keep in mind included what would be appealing to draw potential new businesses to Kenai and how to market to businesses from the lower 48’s. Rick Baldwin expressed thanks for efforts in what has been developed and the presentations and lease "revolution” coming. Baldwin noted that it gives the chance to make some upgrade decisions knowing the property will not disappear at the end of a lease. Baldwin spoke against the airport investment fund suggesting to move away from that support; and concerned that the 125 percent of fair market value charge sends a price signal that the parcel is really not for sale. Council Member Knackstedt questioned if there will be another work session before presenting to City Council. City Manager Ostrander responded that he hoped to present it to City Council in January and suggested a work session after legislation has a more finalized format. Ostrander emphasized interest in getting feedback from Council and the public. Council Member Molloy commented that the City of Kenai and every piece of land is unique. Molloy thanked the working group tasked with this and noted it gives a really good starting point as to where to go. Councilor Molloy agreed with the need for applicant friendly rules, less regulatory, improvement around the fees, needing protection from excessive rent increases, having predetermined conditions for extensions or renewals of leases, development incentives, etc. Molloy supported having funds put in the budget for IT to put into making everything work on the City of Kenai website. Council Member Navarre expressed appreciation at what was provided as requested by the Council and looks forward to working through this process. Council Member Glendening noted that at some point the Airport will need to stand on its own, boundaries, financial plan, etc. Glendening expressed concern of the reality that many businesses are coming to end of lease and he was glad to see this discussion moving forward to a plan of action. Glendening appreciated the working group looking at the past practices, the current and into the future, and suggested having another work session on this. Council Member Pettey expressed appreciation for the thorough and broad range in the presentations, and for the public attendance and comments as it provided insight. Mayor Gabriel noted that he thinks what was provided today incorporated a lot of concerns that were heard from people over the years. Gabriel expressed a long-term want for economic development, people succeeding, businesses helping businesses, and lease holders having 48 KENAI CITY COUNCIL WORK SESSION NOVEMBER 29, 2017 PAGE 3 incentive to invest in their business without concern when they are at the end of their lease. Mayor Gabriel expressed his support in the working group’s direction. Those that attended and participated in the meeting were thanked by Council. The work session adjourned at approximately 7:50 p.m. Notes prepared by: _______________________________ Jacquelyn Kennedy Deputy Clerk 49 KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 6, 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 December 6, 2017, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Tim Navarre Jim Glendening Glenese Pettey Mike Boyle A quorum was present. Also in attendance were: **Brittany Gilman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the packet: Add to Item D.2 Resolution No. 2017-68 • Corrected Calendar 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. 50 City of Kenai Council Meeting Page 2 of 12 December 6, 2017 4. Election of Vice Mayor MOTION: Council Member Pettey MOVED to nominate Bob Molloy as Vice Mayor and Council Member Boyle SECONDED the motion. MOTION: Council Member Glendening MOVED to nominate Tim Navarre as Vice Mayor and Council Member Knackstedt SECONDED the motion. A secret ballot election took place; City Clerk J. Heinz counted the votes aloud. The results were three votes in favor of Bob Molloy, and four votes in favor of Tim Navarre; Tim Navarre was elected as Vice Mayor. 5. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. It was requested that item G.4. be removed from the consent agenda. 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. Joy Merriner with BDO – FY2017 City of Kenai Comprehensive Annual Financial Report by the City’s External Auditor. [Clerk’s Note: It has been requested to allow 20- 25 minutes to complete this presentation.] Joy Merriner, partner with BDO noted the audit of the City’s finances was uneventful and the City was issued a clean, unmodified opinion which was the best possible. She noted there would be post-employment liabilities required to be reported in the upcoming year, and that there was nothing to report with internal controls which was a testament to the City’s policies and its staff. It was further noted that federal procurement standards were changing in 2018 and may require policy changes. 51 City of Kenai Council Meeting Page 3 of 12 December 6, 2017 2. Johna Beech – President/COO, Kenai Chamber of Commerce – Third Quarter Statistical Report. Johna Beech, President/COO of the Kenai Chamber of Commerce, expressed gratitude for the City’s participation in their “Christmas Comes to Kenai” event; provided an overview of the third quarter Visitor Center statistics noting the number of visitors into the center, guides provided, and facility usage; also revealed the cover for the 2018 Visitor Guide. C. UNSCHEDULED PUBLIC COMMENTS Tim Dillon provided the agenda for the Industry Outlook Forum and encouraged all to attend. D. PUBLIC HEARINGS 1. Ordinance No. 2991-2017 – Amending Various Sections of KMC Title 23-Personnel Regulations, to Provide for ‘Seasonal Employees’ which are Not Currently Addressed in the Kenai Municipal Code. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2991-2017 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. Clarification was provided that this was a new category of employee for staff that work for two departments depending on the season and this provided more stability and rehire rights for employees. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: **Student Representative Gilman: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2017-68 – Establishing the 2018 Dates for Regular Meetings of the City Council. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-68 and the motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. 52 City of Kenai Council Meeting Page 4 of 12 December 6, 2017 Explanation was provided that the calendar was discussed at a department head meeting where input was obtained for preparing the calendar; a December meeting was added back to the calendar because it preceded the Christmas holiday enough to not interfere and having two months in a row with only one meeting made planning difficult for staff. It was noted the second meeting in December had been cancelled for holiday vacations; also suggested the calendar had only been used for a year and problems were being anticipated. Gratitude was expressed for the concern for the business of the City going on in July, November and December. It was noted the calendar that was provided was not being adopted, that it was intended for informational purposes; the resolution itself was being adopted. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: **Student Representative Gilman: YEA [Clerk’s Note: Student Representative Gilman was excused from the meeting at 7:09 p.m.] 3. Resolution No. 2017-69 – Adopting an Alternative Allocation Method for the FY18 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2017-69 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2017-70 – Approving a Memorandum of Understanding Between the Third Operations Support Squadron (3 OSS) and the City of Kenai for Installation of Webcams at the Kenai Municipal Airport. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-70 and requested UNANIMOUS CONSENT. 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. Appreciation was expressed to the Airport Manager, FAA, and US Air Force for the collaboration. 53 City of Kenai Council Meeting Page 5 of 12 December 6, 2017 VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2017-71 – Authorizing a Budget Transfer Within the General Fund – Streets Department for Rent of Warehouse Space in Lieu of Adding Salt to Road Sand for Winter Ice Control. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-71 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was clarified that the space being utilized had been utilized seasonally in the past for sand and the intention was to be out of the unit once the department was done sanding for the winter; the Public Works Director was thanked for his explanation. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2017-72 – Authorizing the Purchase of Real Property Described as Lot Four (4), Block Five (5), East Addition Town Site of Kenai, and Designated as Kenai Peninsula Borough Parcel Number 047-115-02, from Larry E. Marsh and Carol J. Marsh, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest Will Not be Served by an Appraisal. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2017-72 and requested UNANIMOUS CONSENT. 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: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of November 1, 2017 Meeting minutes approved by the consent agenda. 2.*Work Session of November 1, 2017 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 54 City of Kenai Council Meeting Page 6 of 12 December 6, 2017 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 2992-2017 - Waiving the Requirements of KMC 17.20.010 - Mandatory Connections and Abandonment of Old On-Site Sewer Systems, for 2737 Iliamna Road. Introduced by the consent agenda and public hearing set for January 3, 2017. 4. *Ordinance No. 2993-2017 - Amending Kenai Municipal Code Chapter 14.25- Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making other Material and Housekeeping Changes. [Clerk’s Note: This item was removed from the Consent Agenda during approval of the Consent Agenda.] MOTION: Council Member Molloy MOVED to introduce Ordinance No. 2993-2017 and set a public hearing for January 3, 2018 and Council Member Boyle SECONDED the motion. Mayor Gabriel opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. It was suggested that Ordinance No. 2960-2017 accomplished the restrictions that were wanted; that the new ordinance repealed everything in the first ordinance, was not pro-development, and didn’t attract new business. It was noted that new ordinance underwent an extensive process seeking comments from committees and commissions, which were reviewed, and some comments added; also noted that it was a step forward on a goal listed in the Comprehensive Plan. Suggestion was made that the intent at the time the first ordinance was adopted was to address the situation for the construction season with the knowledge that a broader ordinance was coming forth. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Pettey, NAY: Navarre, Glendening MOTION PASSED. 55 City of Kenai Council Meeting Page 7 of 12 December 6, 2017 5. *Ordinance No. 2994-2017 – Increasing Estimated Revenues and Appropriations in the Senior Citizen Fund for the Donation of a 2018 Subaru Outback Vehicle for the Meals-on-Wheels Program from Subaru of America, Inc. and Meals on Wheels Association of America. Introduced by the consent agenda and public hearing set for January 3, 2017. [Clerk’s Note: Vice Mayor Navarre was excused from the meeting at 7:49 p.m.] 6. Action/Approval – Second Extension to Facility Management Agreement with the Kenai Chamber of Commerce and Visitor Center. MOTION: Council Member Molloy MOVED to approve the Second Extension to Facility Management Agreement with the Kenai Chamber of Commerce and Visitor Center and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. VOTE: There being no objections, SO ORDERED. 7. Action/Approval – Mayoral Appointment to Committees and Commissions. MOTION: Council Member Knackstedt MOVED to confirm the nomination for reappointment of Paul Minelga to the Airport Commission, Branda Madrid and Shelly Peterson to the Beautification Committee, Al Weeks to the Council on Aging, Mike Dunn to the Harbor Commission, and Grant Wisniewski to the Parks and Recreation Commission, and to confirm the nomination for appointment of Kaye Reed to the Beautification Committee, Don Erwin to the Council on Aging, and Kaye Reed to the Mini-Grant Steering Committee. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 8. Action/Approval – Mayoral Nomination of Victoria Askin for Re-Appointment to the Planning and Zoning Commission. MOTION: Council Member Glendening MOVED to confirm the nomination of Victoria Askin to the Planning & Zoning Commission. The motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 9. Action/Approval – Mayoral Appointment of Council Liaisons to Committees and Commissions. MOTION: 56 City of Kenai Council Meeting Page 8 of 12 December 6, 2017 Council Member Knackstedt MOVED to confirm liaison nominations as presented and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Glendening. VOTE: There being no objections, SO ORDERED. 10. Action/Approval – First Amendment to Kenai Municipal Airport Vending Machine Concession Agreement. MOTION: Council Member Knackstedt MOVED to approve the first amendment to the Kenai Municipal Airport Vending Machine Concession Agreement to Tyler Distributing Company, Inc. and requested UNANIMOUS CONSENT. The motion was SECONDED by Councilor Molloy. VOTE: There being no objections, SO ORDERED. 11. Action/Approval – Set a Board of Adjustment Hearing Date. Clarification was provided on the dates that needed to be met and that a finding was needed in the case the determination was made that travel dates of the Mayor and City Planner was good cause to extend beyond 45 days to consider meeting within 60 days. It was decided a Board of Adjustment hearing would be held on January 16, 2018 at 6:00 p.m. MOTION: Council Member Molloy MOVED to make a finding of good cause that the body was unable to schedule the hearing in the 45-day timeframe due to the schedule of the City Planner who would be presenting for the Planning & Zoning Commission and Administration and requested UNANIMOUS CONSENT. The motion was SECONDED by Councilor Knackstedt. VOTE: There being no objections, SO ORDERED. A reminder was provided that the matter was adjudicatory in nature and the members should refrain from communicating with the applicant and the public in that regard. 12. Discussion – Land Sale and Leasing Policies and Procedures. Clarification was provided that initially, legislation would be coming forth to amend policies and procedures on airport property only followed by introduction of off-airport policies and procedures. Clarification was also provided on the rationale for determining selling prices in recent history. Appreciation was expressed for the work done, specifically the presentation by the Assistant to the City Manager, C. Cunningham. 13. Discussion – Non-Federal Sponsors Self Certification of Financial Capabilities for Decision Document. 57 City of Kenai Council Meeting Page 9 of 12 December 6, 2017 Clarification was provided that, as a part of the bluff stabilization feasibility study report and submittal to the Corps of Engineers headquarters, the Self Certification of Financial Capabilities Document was required. It was noted that the City has the capability of making the match requirement and will be pursuing in-kind and grant options available as well to prevent use of the General Fund as much as possible. 14. Discussion – Dipnet Report. It was noted that because of efforts over the years, operations from the manager’s standpoint was quite easy; the fish were running later; the no-wake zone operated well; the dipnet app provided real time feedback; administration intended to make a slight adjustment to the “no parking” area to alleviate dipnet and commercial fishing parking issues. It was also noted that administration was looking to modify the grant so proceeds from the sale of the adjacent property could be used on both North and South beaches. It was further noted that the fund balance had grown to a level that provided enough of a safeguard to offset operating expenses in case the state closed the fishery early and future revenues from the fishery could support the General Fund, and the Fire Department planned for a boat safety course. It was suggested that changes be made for vendors during the fishery. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – It was noted the meeting summary was in the packet; next meeting January 11. 2. Airport Commission – It was reported that at the November 9 meeting, the Commission discussed signage for the Field of Flowers and the informational memo on construction of Willow Street was appreciated; discussed and recommended approval of a vending machine concession; December meeting cancelled; next meeting January 11. 3. Harbor Commission – It was reported that at the November 6 meeting the Commission continued discussion of defining their roles and responsibilities; next meeting December 11. 4. Parks and Recreation Commission – It was reported that at their November 2 meeting the Commission discussed extending the little library program, reviewed new wildlife interpretive displays for the Wildlife Viewing Platform, and discussed a pallet burning design concept; next meeting December 7. 5. Planning and Zoning Commission – It was reported that at the November 8 meeting the Commission approved a home occupation permit; and denied a Conditional Use Permit for a Retail Marijuana Store, which had been appealed and a Board of Adjustment Hearing set; next meeting December 13. 6. Beautification Committee – No report; next meeting January 9. 7. Mini-Grant Steering Committee – No report. 58 City of Kenai Council Meeting Page 10 of 12 December 6, 2017 I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended Keith Kornelis’ memorial; • Attended Alaska Municipal League conferences where the opioid epidemic and state budget were main topics; • Took his grandkids to the Christmas Comes to Kenai event; • Co-hosted Coffee with the Mayor with the City Manager and appreciated the information the manager provided; noted the event would be moving to quarterly or bi-annual events; • Attended the Kenai Historical Society luncheon where the Kenai Chamber Choir performed; • Thanked the Kenai Senior Center and Mountain View Elementary School for the cookies; • Wished everyone a Merry Christmas. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Was in ongoing discussions with Ron Hyde regarding property uses for the rest of his property; • Noted the Land Sale Leasing Policies and Procedures team members and expressed pride in the work and input provided; • Generator at the Senior Center was put on hold as there were things to consider before pursuing further; • Senior Center Atrium project looked great; • Attended Alaska Municipal Manager’s Association conferences where there was networking with other managers; noted he was thankful for Kenai and its financial position; • A working group was defining the airport terminal project to maximize dollars on that project; • Met with the State Park representative regarding the next Silver Salmon Derby; • Soldotna and Kenai Public W orks departments held a joint meeting for idea sharing; • Appreciated approval for the increase to CH2MHill purchase order for the design on the Wastewater Treatment Plant; getting back to increasing efficiencies; • The Corps of Engineers Director’s Report on the Bluff Erosion Project was still set for 04/30/18; • Finance Director reported that for the first time in some time sales tax revenues had increased in the third quarter. 2. City Attorney – No report. 3. City Clerk – City Clerk J. Heinz reported on the following: • Committees/Commissions will be electing their chairs and vice chairs in January; 59 City of Kenai Council Meeting Page 11 of 12 December 6, 2017 • Attended Alaska Association of Municipal Clerks conference and attended sessions on records management, a marijuana forum, and heard an update from the State Division of Elections on future plans for elections. • The first record shred in several years was taking place this month. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Council Member Pettey thanked the City for the opportunity to attend the Alaska Municipal League conferences for training; noted it had been an honor to serve on the Harbor Commission. Council Member Glendening echoed gratitude to the City for the opportunity to attend the Alaska Municipal League; also attended Coffee with the Mayor. Council Member Molloy attended the Alaska Municipal Attorney Association where he heard from city attorneys and participated in discussions on recall elections as they pertained to the legal aspect of the first amendment, coastal river erosion, marijuana discussions, and a presentation on ethics in criminal investigations on elected officials. Councilor Knackstedt noted he also attended Alaska Municipal League where there was good discussion and networking with other communities; reported that Vice Mayor Navarre had been elected to Second Vice President and Lisa Parker to the regional Director seat. L. EXECUTIVE SESSION 1. Action/Approval - Settlement of Water and Sewer Fees with Habitat for Humanity, a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be Confidential Pursuant to AS 44.62.310(c)(1)(3). MOTION: Council Member Molloy MOVED to enter into executive session to discuss a settlement of water and sewer fees with Habitat for Humanity, which pursuant to AS 44.62.310(C)(1)(3) is a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential, and requested the attendance of the City Manager. Councilor Boyle SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Pettey, Glendening NAY: 60 City of Kenai Council Meeting Page 12 of 12 December 6, 2017 MOTION PASSED UNANIMOUSLY. Council reconvened in open session and Council Member Molloy reported that in Executive Session, Council provided direction to the City Attorney and City Manager regarding a settlement for Habitat for Humanity water and sewer fees. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:33 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 6, 2017. _____________________________ Jamie Heinz, CMC 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. 61 62 63 64 65 66 "Vill~e with a Past, City with a Future" 210 Fidalgo Avenue, Kenai , Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO: David Ross, Chief of Police Willie Anderson, Lands Manager Terry Eubank, Finance Department Scott Bloom, Legal Department Matthew Kelly, City Planner FROM: ~amie Heinz, City Clerk DATE : \J December11 ,2017 RE: Liquor License Renewal t:dt.d --'1111.' 1992 The Alcoholic Beverage Control Board has sent notification that the following applicant has applied for renewal of its Liquor License No. 1308: Applicant: D/B/A: Country Liquor, LLC Country Liquor Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e . water and sewer billings , lease/property payment history, citations, etc.) by the above reference applicant. Initial whether account(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts . Please let me know if you have any questions. Once you have completed your section, please route to the next department. Thanks! 1. Police Department · , initials gJ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The ap ~~has outstanding obligations and an ad ditional page has been attached . 2. Finance ~ initials ~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist 0 The ~pplicant has outstanding obligations and an additional page has been attached . 3~gal • .> 'I initials ~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The applicant has outstanding obligations and an add itional page has been attached. 4. Lands Management IM.f /}._ initials 01 have reviewed all records for my department and the applicant is current on obligations or obligations d o not exist. Orhe applicant has outstan&l ing obligations and an additional page has been attached . 5~ing and Zoning ,1..,./.--initials ~ I have revi ewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outstandin obli Returned to Clerk's office : I 67 THE STATE 01ALASKA GOVERNOR BILL WALKER November 28, 2017 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: jh ei nz@kenai.city Cc: ci t yclerk @kenai.city jo anne @borough .ke nai.ak.us jb lanken ship @borough .k enai.ak.us kr i ng @bo roug h.ken ai.a k.us Department of Co mmerce, Community, and Economic Development ALCOHOL & MARIJUA NA CONTROL OFF IC E 550 West 7•h Avenue, Sui te 1600 Anchorage, AK 99501 Main: 907.269.0350 Re: Notice of 2018/2019 Liquor License Renewal Application License Type: Package Store I License Number: I 1308 Licensee: Country liquor, LLC Doing Business As: Country liquor We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furn ishing the director and the applicant with a clear and concise written statement of rea sons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304 .14S(d). If a protest is filed, the board will deny t he application unless the board finds that the protest is arbitrary, capricious, and unrea sonable. To protest the application refere nced above, please submit your w r itten protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a rea sonable opportunity to defend the application before a meeting of the local governing body. Sincerel y, Erika M cConnell, Direct o r amco.loca lgovernmentonly@a laska.gov 68 AMCO What is this form? Alasl<a Alcoholic Beverage Control Board Package Store License Alcoh ol a11d MM11uanJ Cc••tr ol Ol foc t' '.•SOW 7"' Avenue, ~lJllP ll>O') llnrhor dt;c. /\I'. 9~SOI •, • I'• 4• • ( I 1~· .. ··I I " f'hOM ' 9(;7.269 .0~~·1 Form AB-17b: 2018/2019 Renewal license Application Th1> rt>new<>l licen sc appl1ca l1on form 1~ required for all ind1v1c!.J•1I) or P111 ir it>~ 'f:ck111i; 10 <1pµly f or rt>ncwd' o f "" c x1~t1ng pac l<<igl' ~!Ort' hqurr licensl' th;it v1ill P)p1rP on Dl'ccn11Je1 31, 201 7 All field ~ o f ~hi~ form must b P complete and corrPc l, 01 th e .ippl ic<1t1 on w1 I IJe retJrnecl to y ou 1n tht-manner 1n whi ch 11 was received , p p· A504.:1 270 ano 3 1\AC 304 .lOS The Commu n11y lounc.' field only should be 11c11 f1 ed/complrted by l 1 c1em ee ~ whose esrabli shrnen t s Jre l ocuted within the Municipality of An d 10• et:e or oul~ic~ nf rily 1im1t s w 1t h1n t nP Ma1;mu~ka ·S usitn.1 Bo roug h This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO )'s main office, along with all other required documents and fees, before any renewal licen~e application will b e considered complete. Section 1 -Establishment and Contact Information Ert~r 111l ormnt•<:n !or the b usine~~ ~eeking lo ha ve it s lic ense rcnrwed . If ;iny po p ula~ed 1n lorm ill•On is in corre ct, pleil~t con!act /\IV.CO I lice~see_: __ Country liquor , LLC _ __ _ ; License#: 13 0_s ____ _ license Type: P;ickage St ore __ ___ ___ ___ ~~t~: J\S oa.1 1 150 ------ Doing Bu siness As : . Premises Address: ~a l Governing Body: Community Council : Mailing Address: Cou11t 1v Liquor 140 S Willow Stre et C ity o f Kcn;ii (Ken;ii Peninsula Borough ) None -----~ J:> o 1 ~..,, <--s 1; 1 ,___ci_tv_: ____ _._.,._k=---''-=-v-'-'-ic\"-'-.1 .------__.!_state: .l/[.\J !: ...... ~ ____ z_1r_: __.l_Cf_'t_b.,._} '--) ___,I Ent ,•1 111 form;it1o n for th e individu al w ho will b e des ignated as ttw pr.m;ir y p c mt of con tact rega rdmg tt11S app loca t1on 1h1s 1101\' dual nrn ~t be ~ Jicense11 w h o i s req uired to b ~ li sted in ;i nd Juthorizcd .o sir,n this applir;i11on . Point of Contact: Contact Phone: Contact Email : Seasonal license? Yes -::S-~d(,dS ls,,, _ls.:::"''i~v.-o I ~'o 7 2 ~ <. ~ l:J G I ,r . h , Busmess P one: I .. iS"'') ~"" ':")~cl.ris l ~(( ~--s ~I ~s k.~ No D (n If "Yes", write y our si x -month opernting period:--------------. ~:~:: ·: . . '.- {~orm AB ·l7b) ;1ev lU/lb/.'017) ! ·~e n se ll 1308 Olli\ Co untr y l1 au c 1 69 AMC O Alaska Alcoholic Beverage Control Board Package Store Li cense lllc ohol and Ma:iiuan;i Con tr ol Olf1 ce 550 W 7'" llvc nur, ~1 11 lc 1600 Anchor age, 1\~ 9 9 ~01 Phone: 9 07.26!'.l .0350 Form AB-17b: 2018/2019 Renewal License Application Section 2 -Authorization Communi cati on with AMCO staff: Does any person ott-er than <t licensee nil med in t his applicat ion h;ive aut ho rity to d 1~cus s t :i1s li cense w ith /\MCOstafP If "YesN, disclose the name of the individual and the reason for this authoriiation: Section 3 -Sole Proprietor Ownership Information Ye s r~o D ·~ This section mus t be completed by any sole proprietorship who is applying for license renewal. Entities should skip to Section 4. If more space is needed, pl ease attach a separate sheet with the required information. The fo ll owmg informo tion mus t be completed for each lic e n see and each affiliut c (~pou s e). This individua l is an: 0 applica nt ~-I Name: .. Mailing Address: City: Email: ,....__ Contilct Phone; This individual Is an : D app: ca n~ Name: Mai lin g Address: City: Emil ii : ' I Contact Phone: [FcrmAB·17bJ ll CV 1Jil 6i201/) Lic ense ~1303 OBA C.:i un !J'y liqur• D affiliate - I State: I --------- --- D a ffiliate .. --- I State: I - ----·------- ·-- ~ ZIP: ! I ---- ZIP: -.-.-," _r-: .. 70 Altoh ul d<lll Md ll)U~r" Cl•llrot Olk1; SSO W 7' !\venue , ~uo l t 16JC Anrhoo.ig". •H 9!/~!JJ ·, . , ' Alaska A l co ho lic Beverage Control Bo a rd f • 1. Packa ge Store License Form A B-17b : 2018/2019 Renewal Li cense App lication Secti on 4 -Entity Ownership Information Thi s subsection must be co m plet ed by an y licensee t hat i s a cor pora tion or LlC . Corporati ons a nd llCs are required to be m good stand ing wi th the Alasl<a Di vi si on o f Corporations, Business & Professi o nal Li cen sing (CB PL). You m ay v iew your entity's status or fin d your CBPL entity num ber b y vi sing the following site: l.!J lp,.J ;,.,.. ",iY••_.,,· . .:r. ,, ··l'·l~k._1 .. ••v/1 lip/11 1.1111i>•·.ortl1/1'"1!1tw:. Pa r t ners hi ps m ay sk i p t o t h e se cond h alf of th is p age. Sole p ropriet orshi ps should ski p t o Section 5. I Alaska CBPL Entity#: L ---·---.. -·-··----______ ] Yo u must ensure _!h a.!_ you a r e ab le to certify the followi ng stat e me nt before signing your i n it i al~ i n the box to the right: hu tiil s I cer~1fy that t hi s en t ity ·~ in go ::i d st and ing w i tn CBPL and t l'i:l l ;ill curi c111 c 1Hi ty uliiu .:i l~ .111c st ak eho lders (list ed b elow) ~I ar e a l ~o c wrPntly and ,1ccura t ely listed w ith CB PL ?L--J Th i s subsectio n must be completed by ;inv en t ity, inclu di ng ;i co r po ration, limited liability co mpany (LlC), p artnership, or li mited pa r tnersh ip, that is applying f or renewal. If more sp ace is n e ede d , p lease attach additional co mpleted copi es o f this pa ce. if t he app •ican t is a £Q!J10ration, t he following infom,;it.on nnJ ~t O<' romplPt i'd lor each stockh older who o wns 1 0% or mor e o f the st ock on th e torporauon. and f or e ach preside n t vice-ore sidtnt secre t ory. and m a nagin g of fic er. •f the app.icant i s a limited liabili ty organization, th e fol owt'"IE 1n~orm;i :1on r1ust be c:om;ileted for each memb er w ith an ow n ership i n teres t of 10% o r mare, ;rnd f or eac h manager If the a;:i p1i can 1 1s a partnersh i p. including a limited partner ship, t~<' !o.lo""''f: 1n ror n,1 t ·on m u ~t b e co-,,pleted f or eac h partn er with an inter est of 1 0 % or m ore , ci n d for e ac h general portnc>r Ent ity Offici al Name: I J$ ~'-/ t7\ \/\.." '"": .S ""' \l ,.,.J ~ T it le(s)· f'-'1 "'"'~t ... -·3P .,_ ·0 . ,_ ._ =y ,)JC.,,)-J Phlne : 1 'j' o 1 <_&'"_') 7 4S../ .....J %Ow ned : M a i ling Ad d r e ss: ~O j$ (i X -:?._ ~ I } I L._c_it..:...v : _______ J_Li;~-;"E:-;~1. ~ •. , ~ ~--,-st-a-te_: _,1_ 1_r_!_c_·r=l==~=========z=1P=: ==j =c1='t=6==/====1 : En tity O fficia l N a m~~-l}Z~i /,-,,-;s /_~ ~-F;:~~--i_~,_.. i·~,\ --t~~-:j /=~~--- Title(s): J.\~,JJ v _]oJL__=±.:t Phone : f:7 o~/ ;?6 <_· Lf f°s:.l I %Ow ne d : b6 M allin g Address: '/? o;( 7-6 ·---, I ---------------------------------- Enti ty Offi cial Name: Titl e (s): Ph o ne : %O w n ed : --------------1---- M ai l i ng A d d ress : Ci t y: St at e: ZIP : '.F1,,mA S·l7b1i1 C'v 10/IG/2:l t7 ) • ~e ··se dl308 DSA Cou1H11• L1quo1 71 41cohot ;,nd Ma111uana Control Ollie~ SSO W 7 11 A•c-nue. Sllll f' 160C.. .\nchord gt.', AK 99~01 • .. ,,I .11 •. •._: AMC<> Alaska Alcoholic Beverage Control Board .~ ... .' f ,'I•' •I I' ol :. \ \• ! Pho11e · 907 269 03SO Package Store Licen se Form AB-17b: 2018/2019 Renewal License Application Section 5 -License Operation Check a single boK for each calendar year th;:it best describe~.h~~ ~~!~liquor license _,~as_o~p_e_ra_t_e_d_: _______ 7_0_1_6 __ 2_0_J_7_ The lice n se was rccularly ::>p eratl!d ccntJ :i uou~l y :rroughout eac , year. lor B or more hour~ earll n;iy Tht-hcens~ wa s regularl y operat ed ou n,g a spcol1c se<i sor 1·;ich yea r. for 8 or m o r<' hours e>;ict-d<Jy The IJCense was on ly opernt c c to meel :hP m ini m um requ1re n1ent ol 30 days each yea r 8 hours t.'oC , d.iy If flus bo x •S checker!, o co mplece cop v of form A B-JO · Proof of Minimu m Onno ~ion Ch ecklisc, and o// nrcessw1• documeniatinn nw ~r bl' µrnv1dPCf "·ith this app/;couon l ~ fl DD D D The license wa~ not opP r ;;teri a t all or wa~ not 01~er;ited for ,1 1 IPil\I tht' 111i11i r11um r 1-4uiremr!nt of 3 0 da·1•· e.1cr yr:ir, D D 8 h our s ea ch day, d urhg one or both o f :he calenda: y eil'S 1; ch rs box is cneckcd. o comp/e el' cop~· of Form AB 2!J . W:i1 ver o/ Operation App1icot1o n and corre~ponaing f ees m11si b e subm11tcd wit h this oppl ico1 i on for each colendor year d:mng 1vlllch t/1c /1 crml' wm nnr n pPrnted for o t least the minimum rr.quirPment Section 6 -Violations and Convictions No Applicant violations and convictions In calendar years 2016 ;md 2017: 1'es --'-"-------------------'------------------·-------------- H ~veo any no:rceos o l violat:on (NOVs l beer rss .u:d to th is I censre 1n tl-e cale11 dJr yc<i r ~ 2016 ur 2017' H.1 S ,1ny perso11 o r entity n;u11ed in th i~ a::ipl ica l 1on oeen conv rc:c·o of ii violation o f Tllh' 0 11, oi 3 1\f\C 3011 , or;; 1ocJI o rd1na ncl' Jri c:pte>d undt>r /\S O.J .21.010 ,.. tt>e ca :crd3~ 1•ears 20 ll· or 2017 J DD D~ If "Y e~" tu either of the pre11 ious two questi ons, attach a separate page to this applic;ition l isting ali NOVs and/or convictions . Section 7 -Alcohol Server Education Read the line below, and then sign your i nitials in the box to the right of the st at~:i1e nt : I ccrufy th.1t all licensees, ilf,e :·:~. anc! t>~p :oyccs who sell or sc r \'C alcoholic bev erages o r chC'ck 1dentifican or. of a p,,l r on h.1vl! completed ~n ~l cohol serve· ed~·c~t i o :'l colirse aoo r o,·ec by t he i\BC Bo;iro and keep current. v.:il 1d copre s o r :r1•1r course cornple11011 c.i rds l'll th\! hc t>n wJ p··e n i ~e~ during .ill wor~111p. hours. as required u nder AS 0 -1.21.0 25 and :l AAC 304 4 (15 [Form AB 17bJ (rev 10/•n/~0!71 licen st: ijj3Qll DBI\ C.Juntrv .1qu.;i· ln1 lla1s r .. .;e <i ut s 72 Jlltoliol and M;iriJUMlil 1.w1 trol !lfloc e r,r,o VJ 7' 'Avenut, Su itt: lGO D t.nchorae-: t.K 9!)~01 AMC~() Alaska Alcoholic Beverage Control Board ··:: ... Phone . 907 269.3350 Package Store License r . .., '.11 ''-11'01. o'' Form AB-17b: 2018/2019 Ren ewa l License App licat ion Section 8 -W ritten Orders Written orders in calcnd;ir yeilrs Z016 and ZOl 7 : Did you sell ,1lcoh ohc b cvN,1ge~ ir rc s rion~e to w ritten ord e r~ in calendar yc-;ir, ?O IG "'' 7017' D )?1 Section 9 -Certifications Read each l in e below, and then sign your iniliills in the box to the right of each ~a te_!Tlent : I certify that all current li cen>l'CS ias defined on .I\~ 011.1 1 .2&0) dllU ,1f1 1ha te ~ h ave bee, b t ed on this .;pph rntion I cemty that 1n Jcco r dJncc w th /\S 04 1 1.450 , no onL o l her lhdn the hcensi>c>b) has J dr rc-c! or 1nd•rect fina ncial in terest 111 th e l ice nsed bus1n es-.. I terufy t ha: ! ~ave rioi .illl!rcc thl func u on.11 floor p l ;m or 'Fd u ri>d or exp.1noed the area of tne licensed pr en11ses. and I have not changed t he b.;s 1ncss nilmE' or t he ovmersh•p (including officer~. m anag i>r' pene •ill partner>. or s:;i <enoldcrs) tram wh<Jt is current ly on filf' witn t he /\lcorol c 0C'11c rage Control lloarci . I i:e• toiv on uet1 .i.f t'' ·nyself or· of th~ orennized entity that I urdl'fstand th<it providing J fJlse ~l Jtc'llent o r ttus form o· .i11y other lor m orov1ded by AMCO i > gr ounth fur 1 ejeLl1on or den1JI oi thrs Jpi;hcalion or revoca t ion of any l ·cEnse 1~sued. D LJ 0 D As an c pplrc art for a ho u or licc>nse renewuf, I d ecla r e under peni'lty of peql-ry that I "iWC read Jnd am fam harw1th ,\~ 04 and 3 .l.AC 304 and that tt11S 11p ph cat1on. 111 c lud1ng all accom p11nying ~c hP cl ules ~n d sta l e11·1 e111>, •> u.ie, correc t , and complete-. I agree to pr::-11ide ~II 1"fe>rm.:ition required by t h e A lcoholic Beverage Control Doard in support o f this app1iciltion and .;11der >t ane lhat 1ailure t o du >t' b \' .my ded1l iin ~ 1:1\'en 10 me b r AMCO staff w l'I re:.uh in. lh1> .1pphr;t1 1on being returr>ed to me a~ 1nr c mplete ' I I ' __ . __ ,...::..._' . S1g11a:ur<' ol hcf1hl'i:~ I I . I ----~-'--------~ P·· nl E'rf 11<1'11t' of J.c.,nw1• $ 1500.00 Sif!'loturc o f Notary Public Nolilf ~-.h1bh r 1n and for tno> Stilt <" o· _ . __ _ ... Su b>cribed an d s'w or11 \o bcl ori.' 1lll' tlu~ . __ .iny of _________ . ~O license Fee:. __ . !. Late Fee of L pplication Fee_:Ii}!__.___S_7_~_o_~o-~_ ---__ 1_T~O~T~A_L-_: ~~--_--+J _--'-$-~_7_0 0_._o_o __ -ll -if recei ved or postmarked after 01/02/2018: ! . Miscellaneous Fees : GRAND TOTAL (if different than TOTAL): '.FormAS-l7b j jl'C\· !0'16170 171 !1c"'ns..:i 1''!3 .."IS OS,\ Cvl.n: \' l 1Clt1f"; -j l'.lf.i s '" s 73 KENAI PENINSULA BOROUGH 144 North Bink ley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll-free within the Borough: 1-800-478-4441 Ext. 2160 Email : assemblyclerk@kpb.us 12/8/2017 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7th Ave, Ste. 1600 Anchorage, Al aska 99501-3567 RE: Non-Objection of License Renewal Application Business Name Country Liquor License Type Package Store JOHNI BLANKENSHIP, MMC BOROUGH CLERK License Location 140 S. Willow Street, City of Kenai License No. 1308 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant KPB Finance Department File 74 "Vt1/tlje with a Pas~ City with a Future" 210 Fidalgo Avenue, Kenai , Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO : David Ross, Chief of Police Willie Anderson, Lands Manager Terry Eubank, Finance Department Scott Bloom , Legal Department Matthew Kelly, City Planner FROM: ~Jamie Heinz, City Clerk DATE: December 11 , 2017 RE: Liquor License Renewal ~ ,,II,.' 1992 The Alcoholic Beverage Control Board has sent notification that the following applicant has applied for renewal of its Liquor License No. 2237: Applicant: Schilling Alaska, Inc . D/B/A: Uptown Motel/Back Door Lounge Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e. water and sewer billings, lease/property payment history, citations , etc.) by the above reference applicant. Initial whether account(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts. Please let me know if you have any questions. Once you have completed your section , please route to the next department. Thanks! 1. Police Department }, ,IC . initials ~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The app72 has outstanding obligations and an additional page has been attached . 2. Finance • initials ~have reviewed all records for my department and the applicant is current on obligations or obligations do not exi st. D The agplicant has outstanding obligations and an additional page has been attached. 3~al 7 Or initials ~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The applicant has outstanding obligations and an additional page has been attached. 4~ds Management (#.(./:-initials U:'.J I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outstj'lr;i,ding obligations and an additional page has been attached. S~rming and Zoning /l\l initials ~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outstanding blig ions and n additional page has been attached . Returned to Clerk's office : 7 75 THE STATE 01ALASKA GOVERNOR BILL WALKER November 30, 2017 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough .kenai.ak.us jblanken ship@borough.kenai .ak.us kring@borough.kenai.ak.u s Department of Comm e rce , Community, and Economic Development ALCOHOL & MARIJUANA CO NTROL OFFI CE 550 West 7'h Avenue, Suite 1600 Anc horage, AK 99501 Main : 907.269.0350 Re: Notice of 2018/2019 Liquor License Renewal Application License Type: Beverage Dispensary-Tourism Duplicate J License Number: I 2237 Licensee: Schilling Alaska, Inc. Doing Business As: Uptown Motel/Back Door Lounge We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director am co.lo calgo v ern mentonly@al aska.go v 76 Alaska Alcoholic Beverage Control Board Beverage Dispensary -Tourism License Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov httos://www.commerce .a la ska.gov/web/amco Phone: 907.269.0350 Form AB-17d: 2018/2019 Renewal License Application What is this form? This renewal license appli cation form is required for all individuals or entities seeking to apply for renewal of an existing beverage dispensary-tourism liquor license that will expire on December 31, 2017. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04 .11.270 and 3 AAC 304 .105 . The Community Council field only should be verified/completed by licensees whose es tablis hments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough . This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section 1 -Establishment and Contact Information E . f nter in ormat1on h b . k" t h · r ort e usmess see mg o ave its 1cense renewe d If I t d . f any popu a e 1n orma ti on 1s incorrect, p1ease contact AMCO Licensee: Schilling Alaska, Inc. License#: 2237 License Type: Beverage Dispensary -Tourism Duplicate Statute: AS 04.ll.400(d} Doing Business As: Uptown Motel/Back Door Lounge Premises Address: 18021 Kenai Spu r Hwy Local Governi ng Body: City of Kenai (Kenai Peninsula Bo rough) Community Council: None Mailing Address: '11 S {}u.r View Dy City: }(°el'\(~\ I State: I A-k.. I ZIP: I qq" u Enter information for the individual who will be designated as the primary point of contact regarding this application . Th is individual must be a licensee who is required to be l isted in and authorized to sign th is application Point of Contact: Duaite. gC-l ;.·t itOL~ Contact Phone : ~01 2 -Z-3 3(pb{J I Business Phone: I ctcrz ;zg33~60 Contact Email: dL.lQrte ~ UiJ /()i.th1mokJ( .. eo-rn. Yes ~ Seasonal License? 0 Ll:f If "Yes", write your six-month operating period:----------- (Form AB -17d) (rev 10/16/2017) Page 1 of S Li ce nse #2237 OBA Uptown Motel/Back Door Lounge ------·---------· ·-----· -· 77 Alaska Alcoholic Beverage Control Board Beverage Dispensary-Tourism License Alcohol and Marijuana Control Office 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska .goy/web/amco Phone : 907.269.0350 Form AB-17d: 2018/2019 Renewal License Application Section 2 -AuthorlZation ' Communication with AMCO staff: Does any person other than a licensee named in this application have authority to discuss th is license with AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: Section 3 -Sole Proprietor Ownership Information Yes No This section must be completed by any sole proprietorship who is applying for license renewal. Entities should skip to Section 4 . If more space Is needed, please attach a separate sheet with the required information. The following information must be completed for each licen see and each affiliate (spouse). This individual ls an: 0 applicant D affiliate Name: Mailing Address: City: I State: I I ZIP: I Email: Contact Phone: This individual is an: D applicant D affiliate Name: Mailing Address: City: I State: I I ZIP: I Email: Contact Phone: [Form AB-17d) (rev 10/16/2017) Page2of 5 license #2237 OBA Uptown Motel/Back Door lounge ----------· ·--··--------·--.. -------~-=-....__---------' 78 Alaska Alcoholic Beverage Control Board Beverage Dispensary-Tourism License Alcohol and Marijuana Contro l Office 550 W 7•h Avenue, Suite 1600 Anchorage, AK 99501 a lcohol.licensin g@ alaska.gov https:l/www.co mmerce.alaska .gov/web/amco Phone: 907.269.0350 Form AB-17d: 2018/2019 Renewal License Application Section 4 -Entity Ownersh~p Information This subsection must be completed by any licensee that is a corporation or LLC. Corporations and llCs are required to be in good standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may view your entity's status or find your CBPL entity number by vising the following site: https://www.commerce.alaska.gov/cbp/main/search/entities Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section 5. I Alaska CBPL Entity #: You must ensure that you are able to certify the following statement before signing your Initials in the box to the right: I certify that this entity is in good standing with CBPL a nd that all current entity officials and stakeholders (listed below) are a ls o currently and accurately listed with CBPL. Initials This subsection must be completed by any community or fil!!jty, lndudlng a corporation, limited liability company, partnership, or limited partnership, that Is applying for renewal. If more space is needed, please attach additional completed copies of this page. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If t he applicant is a limited liabllitv organization. the following information must be completed for each member with an ownership interest of 10'6 or more, and for each manager. • If the applicant is a partnership. including a llmlted partnership, the followi ng information mus t be completed for each partner with an Interest o 10% or more, and for each general pattner. rrtle(s): %owned: {OO Mailing Address: City: Entity Official Name: Title(s): Mailing Address: City: / Entity Official Name: / Title(s): / Mailing Address: / City: s/ [Form AB·17d) (rev 10/16/2017) License #2237 OBA Uptown Mot el/Back Door Lounge I Phone: I/ / I/ate= I Phone: I State: I I I r .r r- J , j ZIP: / I %Owned: I I ZIP: I I %Owned: I I ZIP: I Page3ofS ---------·-----··---·---------------=--:::;============~ ·---------- 79 -~01'•~1.;. ~5' . \ ·AMCO Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7•h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licens ing @al aska.gov https://www.co mmerc e.al aska.gov/web /arnco Phone : 907.269.0350 Beverage Dispensary -Tourism License Form AB-17d: 2018/2019 Renewal License Application Section 5 -License Operation Check a single box for each calendar year that best describes how this liquor license was operated: The license was regularly operated continuously throughout each year, for 8 or more hours each day . The license was regularly operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the mini mum requirement of 30 days each year, 8 hours each day. If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checklist, and oil necessary documentation must be provided with this application . The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, 8 hours each day, during one or both of the calendar yea rs. If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this opplicotion for each calendar year during which the license was not operated for at least the minimum requirement. Section 6 -Violations and .Convictions Applicant vlolations and convictions In calendar years 2016 and 2017: Have any notices of violation (NOVs) been issued to this l i censee in the calendar years 2016 or 2017? Has any person or entity named in this application been convicted of a v i olation of Title 04, of 3 AAC 304, or a local ordi nance adopted under AS 04.21.010 in the calendar years 2016 or 2017? 2016 2017 [:(~ D D DD DD Yes D D No If "YeYI' to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 -Alcohol Server Education Read the line below, and then sign your initials In the box to the right of the statement: I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron have completed an alcohol server education course approved by the ABC Board and keep current, valid copi es of their course completion cards on the licensed premises during all working hours, as required under AS 04.21.025 and 3 AAC 304.465. [Form AB-17d) (rev 10/16/2017) license #2237 OBA Uptown Motel/Back Door Lounge ---------------------------~--------· Initials Page4of5 80 -j\,&MA ... . AO . --~~ . o'.. . "f/ "' . ~ ~. . ·7 :AMCO Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1 600 Anchorage, AK 99501 alcoh ol.licensing@alas ka.gov http s://w ww.comm erce.alaska .gov/web/amco Phone : 907.269 .0350 Beverage Dispensary -Tourism License Form AB-17d: 2018/2019 Renewal License Application Section 8 -Certifications Read each line bel ow, and then sign your initials in the box to the right of each statement: I certify t hat all current licensees (as defined in AS 04.11.260) and affiliates have been lis ted on this app li cation . I certify that in accordance with AS 0 4 .11.450, no o ne other than the l ice nsee(s) has a direct o r i ndirect financial interest in the licensed business . I certify that I ha ve not altered the functio nal floor plan or red uced or expanded the ar ea of the licensed premises, a nd I have not changed the busi ness name or the ownershi p (including officers, managers, general partners, or stakeholders) from what is currently on file w ith the Alcoho lic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providi ng a false stat ement on this form or any other form provid e d by AMCO is grounds for rejection or denial of this application or revocation of any license issued . I am su bmitting as pa rt of this application a w ritten statement that meets the attached Tourism Statement Guidelines, for review by the Alcoholic Beverage Control Board . As an applicant for a liquor license renewal, I declare under pe nalty of pe rjury that I have read and am familiar w ith AS 04 and Initials 3 AAC 304, and that this application, including all a ccompanying schedules and statements, is true, correct, and complet e. I agree to provide all i nformation required by t h e Al coholic Beverage Control Board in support of this application and understand th at fa i lure to do so by any deadline given to me by AMCO staff will res u lt in this applicati on being returned to me as incomplete. , &rj¢~~1h My com mission expires: 10 ·' /fi -JO 20 Subscr ibed and sworn to before me this J.. '!.(day of no V 'i!-f/Y h1r . 2o_Ll_. License Fee: I s 2soo.oo I Application Fee: I $ 200.00 I TOTAL: $ 2700.00 Late Fee of $50 0.00 -if received or postmarked after 01/02/2018: Miscellaneous Fees: GRAND TOTAL (i f different than TOTAL): -t i--100- .. ,,, ....... ,, •" QA M '•, .. ~\ . ,,.... , .. \:,.\-. . . . . . . ~~ •,. :'·QJ~ .·"NOTA RY"·. 0 .. ~ : .: PUBLIC '.. ~ : i'REG#161019v06': : ~ : MY COMM ISSIO N f • [Form AB·17d] (rev 10/16/2017) Li cen se #2237 DBA Uptown Motel/Back Door Lounge ' .. , U'/ ·. 1011912020 /::t-Z / Page 5 of 5 .. ,, --</ f'. ........... \>-C'.j .. .. '•, E: OF p._\... •" . ,,, ,,, ,,,,.,.,,,, 81 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll-free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@kpb.us 12/8/2017 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7 th Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non-Objection of License Renewal Application JOHNI BLANKENSHIP, MMC BOROUGH CLERK Business Name Uptown Motel/Back Door Lounge License Type Beverage Dispensary/Tourism-Duplicate License Location 18021 Kenai Spur Hwy, City of Kenai License No. 2237 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewa l application . Should you have any questions, or need additional information, please do not hesitate to let us know . Since rely, Johni Blankenship, MMC Borough Cle r k JB/klr Encl . cc: Applicant KPB Finance Department File 82 "Vt11t:tje with a Past, City with a future" 210 Fidalgo Avenue , Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO : Dav id Ross, Chief of Police Willie Anderson , Lands Manager Terry Eubank, Finance Department Scott Bloom , Leg a l Department Matthew Kelly, City Planner FROM : ~ie Heinz, City Clerk DATE : November 20 , 2017 RE : Liquor License Renewal '1a'f ,1111.' 1992 The Alcoholic Beverage Control Board has sent notification that the foll owi ng applicant has appl ied for renewal of its Liquor License No. 1859: Applicant: D/B/A: Sch illing Alas ka, Inc. Uptown Motel /Lou ie's Pursuant to KMC 2.40 .010, It is determined to be in the public interest that holders of or applica nts fo r licenses issued by the Alcoholic Be verage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review acc ount(s ) maintained b y your department (i.e . w ater and sewer billings , lease/property payment history, citations, etc.) by the above reference applicant. In itial whether accou nt(s) and/or payment plan (s) are current or delinquent. If accounts are delinquent, attach information to th is memorandum indicating amounts ow ed and for which accounts. Please let me know if you have any questions. Once you have completed your section, p lease route to the next department. Thanks! 1. Police Department )> K initials J2() I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 T he applj/tas outstanding obligations and an add itional page has been attached . 2. Finance • initials ~I have reviewed all records for my department and the applicant is current on o bliga tio ns or obligations do not exis t. 0 The as!?ca nt has outstanding obligations and an additional page has been attached. 3 . Legal initials 01 have reviewed all records for my department and the applicant is current on obligatio ns o r obl igations do not exist. 0 The applicant has outstanding ob li gations an d an additional page has been attached . 4. Lands Management ~ initials 0 I have re vi ewed all records for my department and the applicant is current on obl igations or ob ligations do not exi st. Ghe applicant has ou tstaw~ o bligations and an additional pa ge has been attached. 5;.E.e9ning and Zoning /"ljC..-jnitlals L.::11 have reviewed all records for my department and the app lica nt is cu rrent on obligations or ob liga tions do not exist. Ghe applicant has ou tst~~i ng obligations and an additional page has been attached. Returned to Clerk's office : C....)1\, /OJ. 5·/ 7 83 THE STATE 01ALASKA GOVERNOR B I LL WALKER November 16, 2017 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: jheinz@kena i.city Cc: cityclerk@kena i.city joanne@borough .kenai.ak .us jblankenshi p@borough .kena i.ak .us kri ng@borough.kena i .ak.us Department of Comm erce, Community, and Economic Development AL COHOL & MARIJ UANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main : 907.269.0350 Re: Notice of 2018/2019 Liquor License Renewal Application License Type: Beverage Dispensary -Tourism I License Number: I 1859 Licensee: Schilling Alaska , Inc. Doing Business As: Uptown Motel/Louie's We have received a completed renewal application for the above fisted license (see attached application documents) within your jurisd iction. This is the notice required under AS 04 .11.480. A local governing body may protest the approval of an appfication(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the app lication before a meeting of the fo cal governing body, as required by 3 AAC 304.14S(d). If a protest is fifed, the board will deny the applica tion unless the board find s that the protest is arbitrary, capricious, and unreasonable . To protest the application referenced above, please submit your written protest within 60 days, and show proof of serv ice upon the app licant and proof that the applicant has had a rea sonable opportunity to defend the appl ication before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco .loca lgovernmenton ly@alaska .gov 84 Alaska Alcoholic Beverage Control Board Beverage Dispensary-Tourism License Alcohol and Marijuana Control Office 550 W J'h Avenue, Su ite 1600 Anchorage, AK 99501 al cohol.l icen sin g@alaska.gov https ://www.co mme rce.alaska.g ov/web/amco Phone: 907.269.0350 .. ('o ~& ~LO°Y". Form AB-17d: 2018/2019 Renewal License Application What is this form? This renewal license appllcatlon form is required for all Individuals or entitles seeking to apply for renewal of an existing beverage dispensary-tourism liquor license that will expire on December 31, 2017. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105 . The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section 1 -Establishment and Contact Information f f Enter in ormation or the business seekinit to have its license renewed . If any populated information is incorrect, please contact AMCO . licensee; Schilling Alaska. Inc. license#: 1859 License Type: Beverage Dispensary -Tourism Statute: AS 04.11.400(d) Doing Business As: Uptown Motel/Louie's Premises Address: 18021 Kenai Spur Hwy Local Governing Body: City of Kenai (Kenai Peninsula Borough) Community Council: None Mailing Address: City: State: ZIP: Enter information for the individual who will be designated as the primary point of contact regarding this app lication. This individual must be a llcensee who is required to be listed in d authorized to sign this ap lication. Point of Contact: Contact Phone: Business Phone: Contact Email: Yes No Seasonal License? D D If "Yes", write your six-month operating period:----------- [Form A8-17d) (rev 10/16/2017) License #1859 OBA Uptown Motel/Louie's 85 Alaska Alcoholic Beverage Control Board Beverage Dispensary-Tourism License Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov httos:/fwww.commerce.alaska.gov/web/amco Phone: 907.269.0350 Form AB-17d: 2018/2019 Renewal License Application Section 2 -Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If ''Y ~·, disclose the name of the individual and the reason for this authorization: Section 3 -Sole Proprietor Ownership Information This section must be completed by any sole proprietorship who is applying for license renewal. Entitles should skip to Section 4. If more space Is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: D applicant D affiliate Name: Mailing Address: City: I State: I Email: Contact Phone: This individual is an: D applicant D affiliate Name: Mailing Address: City: I State: I Email: Contact Phone: [Form AB·17d] (rev 10/16/2017) License #2237 OBA Uptown Motel/Back Door Lounge -----·--·-·-·----·--·---· -----·-------· ----. --------- I ZIP: I I ZIP: I I NOV "']' .o\LCO HUL MARIJ UM•A ( 'Nl' ' u'f lCE, I MAT _r r..• r _:f. ' 86 -~01-" ~ltt.;t- ~ ~" . ~ ~ . 7 :AMCO Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7th Avenue , Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https ://www.commerce.alaska.gov/web/amco Phone: 907.269 .0350 Beverage Dispensary-Tourism License <'o -~& ~LO°'t,..-Form AB-17d: 2018/2019 Renewal Lic ense Application Section 4 -Entity Ownership Information This subsection must be completed by any licensee that ls a corporation or LLC. Corporations and LLCs are required to be In good standing with the Alaska Division of Corporations; Business & Professional Licensing (CBPL). You may view your entity's status or find your CBPL entity number by vising the following site: https://www.commerce.alaska .gov/cbp/maln/search/entities Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section S. I Alaska CBPL Entity#: You must ensure that you are able to certify the following statement before signing your initials in the box to the right: I certify that this entity is in good standing with CBPL and that a ll current entity officials and stakeholders (listed below) are also currently and accurately listed with CBPL. Initials This subsection must be completed by any community or~ Including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 1096 or more of the stock in the corporation, and for each president, vice-president, secretory, and managing officer. • If the applicant is a limited liability organization, the following information must be completed for each member with an ownership interest of 1096 or more, and for each manager. • If the applicant is a partnership. including a limited partnership. the following information must be completed for each partner with an interest of 1096 or more, and for each general artner. Title(sJ : _v.J.-1,C)J 2~3 ~lo.{;, %owned: lOO Mailing Address: ~ City: ZIP: Entity Official Name: / Title(s): I Phone: I/ I %Owned: I Mailing Address: / City: l~e: I I ZIP: I / Entity Official Name: /' Title(s): / I Phone: I I %Owned: I Mailing Address: / City: / I State: I I ZIP : I -.. I 'I I I .i I " ~ .I [Form AB-17d] (rev 10/16/2017) N V Page 3ofS I license #2237 OBA Uptown Motel/Back Door Lounge l \.C tWL lol Afll:JI Ah\ •,•t I FF .. I ---=lA ~ • ' A<:·-'•A __ _ ---------------------·-..,...------- 87 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7•h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensin g@a laska.gov httos:Uwww.co mmerce.alaska.g ov/web/amco Phone: 907.269.0350 Beverage Dispensary-Tourism License Form AB-17d: 2018/2019 Renewal License Application Section 5 -License Operation Check a single box for each calendar year that best describes how this liquor license was operated: The license was regularly operated continuously throughout each year, for 8 or more hours each day. The license was regularly operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the minimum requirement of 30 days each year, 8 hours each day. If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checklist, and all necessary documentation must be provided with this application . The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, 8 hours each day, during one or both of the calendar years . If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated for at least the minimum requirement . Section 6 -Violations and Convictions Applicant violations and convictions in ~alendar years 2016 and 2017: Have any notices of violation (NOVs) been issued to this licensee In the calendar years 2016 or 2017? Has any person or entity named in this application been convicted of a violation of Title 04, of 3 AAC 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2016 or 2017? 2016 2017 DD Yes D D No If "Ye!/' to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 -Alcohol Server Education Read the line below, and then sign your initials In the box to the right of the statement: I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, as r equired under AS 04.21.025 and 3 AAC 304.465. [FormAB-17d] (rev 10/16/2017) License #2237 OBA Uptown Motel/Back Door lounge Initials Page4ofS 88 .. Alaska Alcoholic Beverage Control Board Alcohol and Marij uana Control Office 550 W 7•h Avenue , Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov httos://www.commerce .alaska.gov/web/amco Phone : 907.269 .0350 Beverage Dispensary-Tourism License ('0"-._ """'~& ·•itoLo~· Form AB-17d: 2018/2019 Renewal License Application Section 8 -Certifications Read each llne below, and then sign your initials in the box to the right of each statement: I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been l isted on this application. I certify that in accordance with AS 04.11.450, no one other than the licensee(s) has a direct or indirect financial interest In the licensed business . I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently on file with the Alcoholic Beverage Control Board . I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any l icense issued . I am submitting as part of this application a written statement that meets the attached Tourism Statement Guidelines, for review by the Alcoholic Beverage Control Board. As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and Initials 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provi de all information required by the Alcoholic Beverage Control Board in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned to me as incomplete .• Si g nature of license e <---~'¢~~f?4h S~ture of NotaPUbtte Ut&V l J .S cJ\.\ \\ \ vl~ Notary Public in and for the State of U /tJ5,kf< Printed name of licensee My commiss ion eKpires: / 0 ·' / fi · ~ 0 20 Subscribed and sworn to before me this J. 'l.fday of Oo ve4n bLF ,2o_Ll_. License Fee: I $ 2500.00 I Application Fee: I $ 200.00 Late Fee of $500.00 -if received or postmarked after 01/02/2018: Miscellaneous Fees: GRAND TOTAL (if different than TOTAL): [Form AB-17d) (rev 10/16/2017) License #2237 OBA Uptown Motel/Back Door Lounge l TOTAL: $ 2700.00 :f-z-.700- ........... ,,, ... •' oA M '•, •• <"-~ •••••• ; Q •• .. 'n..._V.• •• ~, ...... Q;J"/ NOTARY '· •• ~ ~ : : PUB LIC •• ": : :°REG#161019006~ : : ! MY C OMMISSIO~j ,; -:., U';· .. 10119;;10;m/ "r" ~-Paeesots • ..... "'{ }'~· ••••••••• 'r<::) ......... •,, ' OF p..\.. ,•' .,,,,,,,...... v 89 What is this document? Alaska Alcoholic Beverage Control Board Tourism Statement Guidelines Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone : 907.269.0350 A new, transfer, or renewal application for a beverage dispensary -tourism or restaurant I eating place -tourism license must be accompanied by a written statement that expl ains how the establishment encourages tourism and meets the requirements listed under AS 04.11.400(d) and 3 MC 304.325. This document provides guidelines regarding what must be covered in the separate written statement that you'll submit along with your license application. A written statement must be submitted to AMCO's main office before any tourism license application will be considered complete. Mandatory Points to be Included Responses to each of the following points must be included in your written statement. Please provide a separate page and s!.Q..nQ! submit this document as your statement. 1 . Explain how issuance of a liquor license at your establishment has/will encourage tourism. 2 . Explain how the facility was/will be constructed or improved in accordance with this application. 3 . Who operates the facility for which a liquor license is being applied? 4 . Do you offer room rentals to the traveling public? a. If so, how many of these rooms are available? Do any of the rental rooms have kitchen facilities (defined as : a separate sink for food preparation along with refrigeration and cooking appliance devices, including a microwave)? If yes, how many of the rental rooms have kitchen facilities that meet this definiti on? Do you stock alcoholic beverages in guest rooms? b . If not, is your facility located within an airport terminal? 5. Does your establishment include a dining facility? 6. Are additional amenities available to your guests through your establishment (eg : guided tours or trips, rental equipment for guests, other activities that attract tourists)? [Tourism Statement Guidelines) (rev 10/30/2017) v J 90 November 2, 2017 UptowYll Motei LO«lef ~ 'R~Cf.-t'\t 47 Spur View Drive Kenai, AK 99611 907 283 3660 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 Re: 2018/2019 Renewal -License #1859 To Whom It May Concern : Please accept this written statement that explains how this establishment encourages tourism and meets the requirements listed under AS 04.11.400(d) and 3 AAC 304.325 . 1. Louie's Restaurant is advertised as a local establishment featuring not only local breweries and spirits, but also where many other hospitality locations refer guests due to the Alaskan decor and featured Alaskan seafood 2. Louie's Restaurant was built to be a part of the Uptown Motel and features an Alaskan decor including many trophy animal mounts 3. Louie's Restaurant is operated only by employees of the Uptown Motel and Schilling Alaska, Inc 4. The Uptown Motel has 49 rooms available for rent that approach the minimum definition for kitchen facilities (no separate sink). There is no alcoholic beverages stocked in the rooms 5. Louie's Restaurant is a full-'service dining room featuring breakfast, lunch and dinner menus 6. The Front Desk of the Uptown Motel serves as a 'hub' for recreational activities including, but not limited to, guided hunting and fishing excursions, fly-in trip and other packages for the benefit of our visitors Thankyou, ~ ?#J:~J Duane Bannock 91 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll-free within the Borough: 1-800-47 8-4441 Ext. 2160 Email: assemblyclerk@kpb.u s ......... ~ 11/28/2017 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7th Ave, Ste . 1600 Anchorage, Alaska 99501-3567 RE: Non-Objection of License Renewal Application Business Name UPTOWN MOTEL/VIP LOUNGE License Type Beverage Dispensary/Tourism License Location City of Kenai License No. 1859 Dear Ms. Oates, JOHNI BLANKENSHIP, MMC BOROUGH CLERK This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant City of Kenai KPB Finance Department File 92 "Vill~e with a Pas~ City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone : 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO: David Ross, Chief of Police Willie Anderson, Lands Manager Terry Eubank, Finance Department Scott Bloom , Legal Department Matthew Kelly, City Planner FROM C(yV Jamie Heinz, City Clerk DATE : December 14, 2017 RE : Liquor License Renewal !1!12.~ '1111.' 1992 The Alcoholic Beverage Control Board has sent notification that the following applicant has applied for renewal of its Liquor License No. 2993: Applicant: D/B/A: Upper Deck, LLC The Upper Deck Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e. water and sewer billings, lease/property payment history, citations, etc.) by the above reference applicant. In itial whether account(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts. Please let me know if you have any questions. Once you have completed your section , please route to the next department. Thanks! 1. Police Department b·~ initials Bl have reviewed all records for my department and the applicant is current on obligations or obligations do not ex is t. 0 The appli ~ has outstanding obligations and an additional page has been attached. 2. Finance 1:JC.. initials '0 I have reviewed all records for m y department and the applicant is current on obligations or obligations do not exist. 0 The applicant has outstand ing obligations and an additional page has b een attached. 3~al '\1 initials ~ I have revi ewed all reco rds for m y department and the applicant is current on obligations or obligations do not exi st. 0 The applicant has outstanding obligations and an additional page has been attached . 4~ds Management ~initials W I ha ve reviewed all record s for my department and the applicant is current on obligati ons or obl igati ons do not exist. Orhe applicant has outst~nding obligations and an additional page has been attached . 5. Planning and Zoning .11 /l initials a have reviewed all records for my department and the applicant is current on obligations or obl igations do not exist. Orhe applicant has outstanding obligations and an additional page has been attached. Returned to Clerk's office: /2. ~ · l rr 93 THE STATE 01ALASKA GOVERNOR BILL WALKER December 14, 2017 City of Kenai Attn: Jamie Hein z, Deputy City Clerk VIA Email: jheinz@kenai.city Cc: citycle r k@kenai.city joanne@borough.kena i .ak.us j blankenship@borough.kena i.ak.us kring@borough .kenai.ak.us Depa rtment of Comm e rce , Co mmunity, and Economic Devel opment ALCOHO L & MARIJU ANA CONTRO L OFFICE 550 W est 7 <h Aven u e, Suite 1600 An chorage, AK 99501 Main: 907.269.0350 Re: Notice of 2018/2019 Liquor License Renewal Application License Type: Beverage Dispensary-Tourism I License Number: I 2993 Licensee: Upper Deck, LLC Doing Business As: The Upper Deck We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written sta tement of reasons for the protest w ithin 60 days of receipt of this notice, and by allowing the applicant a rea sonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days , and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco .localgovernmentonly@alaska.gov 94 Alaska Alcoholic Beverage Control Board Alcohol a nd M arij uana Contro l Office 550 W 71n Avenue, Su ite 1600 Anchorage, AK 99501 alcohol.licen sing@a laska .gov ht tps://www.co mmerce.alas ka.gov/web/am co Phone: 907.269.0350 Master Checklist: Renewal Liquor License Application License Type: BO I license Number: Doing Business As: The Upper Deck Examiner: ( ·n_r;~ o I Transaction #: Document Received Completed Notes AB-17: Renewal Application 11/20/17 \'2-)\'2- App and License Fees 11/20/17 \i.l 1L- Supplemental Document Received Completed Notes Tourism/Rec Site Statement ,1 \ 7,,µ\ 1 vi I n -- AB -25: Supplier Cert (WS) AB -29: Waiver of Operation AB -30: Minimum Operation Fingerprint Card s & Fees I AB -08a: Crim . History Late Fee Names on FP Cards: Selling alcohol in response to written order (package stores)? Mailing address different than one in database ? In "G ood Standing " with CBPL (sk ip this and next questio n for sole proprietor)? Officers and stoc kholders match CBPL and database (if "No", determine if transfer necessary)? [Master Checklist: Renewal] (rev 11/0 3/2017) 12993 I 1020228 Yes No D D D GJ CJ D 00 Page 1 of1 95 Alaska Alcoholic Beverage Control Board Beverage Dispensary -Tourism License Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, A K 99501 alcohol .licens i ng@alaska.gov https://www.commerce .alaska .gov /web /am co Phone: 907.269.0350 Form AB-17d: 2018/2019 Renewal License Application What is this form? Thi s renewal license application form is required fo r all individuals or entities seeking to apply for rene wa l of an existi ng beverage dispensary-tourism liquor license that w ill expire on December 31, 2017. All fields of this form must be comp lete and co rrect, or the application will be re turned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105 . The Community Council field only should be verified/completed by licen sees whose establishments are located within th e M unici pa lity of Anchorage or outside of city li mits within the Matanuska -Susitna Borough . This form must be compieted correctly and submitted to the Alcohol & Marijuana Control Office {AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section 1 -Establishment and Contact Information Enter information for the business seeking to have its license renewed. If any populated information is inco rrect, please contact AMCO. Licensee: Upper Deck, LLC License#: 2993 License Type: Beverage Dispensa ry -Tourism Statute: AS 04.ll.400(d) Doing Business As: The Upper Deck Premises Address: 305 N Willow Street Local Governing Body: City of Kenai {Kenai Peninsula Borough) Community Council : None Mailing Address : \\ City: State: ZIP: Enter information for the individual who will be designated as th e prima ry po int of conta ct regarding this app lication . This i ndividual must b 1 h · · d b r d · d h · d h. r e a icensee w o 1s require to e 1ste in an aut onze to sign t 1s app 1cat1on. Point of Contact: ~"D \) ~ -\.e. \ v..~., \ Contact Phone: C\c. \ 3f\1o · · \ 5"=' f~ I Business Phone: I ClL.' · J b ".J Contact Email: \ L \J L\C\ ~ l \ (i... \'\t;L · ( u ,1) \ Yes No Seasonal License? Dl3J . I If "Yes", write your six-month operating period: (Form AB -17d) (rev 10/16/2017) License #2993 OBA The Upper Deck I ~UV -J :JI! Pa ge 1of 5 96 Alaska Alcoholic Beverage Control Board Beverage Dispensary-Tourism License Alcohol and Marijuana Control Office 550 W 7'" Avenue, Suite 1600 Anchorage, AK 99501 alcohol.llcens i ng@alaska .gov http s://www.commerce.alaska .gov/web/amco Phone: 907.269.0350 Form AB-17d: 2018/2019 Renewal License Application Section 2 -Authorization Communication with AMCO staff: Does any person other than a l ice nsee named in this application have authority to discuss this license with AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: Section 3 -Sole Proprietor Ownership Information Yes No This section must be completed by any sole proprietorship who is applying for license renewal. Entities should sk i p to Section 4 . If more space is needed, please attach a separate sheet with the required Information. The following information must be completed for each licensee and each affiliate (spouse). This Individual Is an: D applicant Name: Mailing Address: City: Email: Contact Phone: Th i s individual is an: D applicant Name: Mailing Address: City: Email: Contact Phone: [Form AB -17d] (rev 10/16/2017) Lice nse #2993 OBA The Upper Deck D affilia te I State: I D affiliate I State: I j ZIP: I I ZIP : I ·rRi~©~O~~@ :~ I ALCOHO L MA RIJUA NA CO NT11 0L OFFICE I STAlE OF ALASKA __ 97 Alaska Alcoholic Beverage Control Board Beverage Dispensary-Tourism License Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensi ng@alaska .gov htt ps ://www.comm erce.a laska .gov/web/amco Phone : 907.269.0350 Form AB-17d: 2018/2019 Renewal License Application Section 4 -Entity Ownership Information This subsecti on must be completed by any licensee that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may view your entity's status or find your CBPL entity number by vising the following site : https://www.co m merce .alaska .gov/cbp/main/search/entities Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section 5 . I Alaska CBPL Entity#: l\C\\u\\ You must ensure that you <tre able to certify the following statement before signiug your initials in the box to the right: I certify t hat t h is entity is in good stand ing with CBPL and that all current entity officials and sta keholders (listed below) are also currently and accurately listed with CBPL. Initials This subsection must be completed by any community or entity, including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page . • If the applicant is a corporation. the following i nformation must be completed for each stockholder who owns 10% or more of the stock in the corporation , and for each president, vice-president, secretary, and managing officer. • If the ap plicant is a limited liability organization, the following informati on must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the applicant is a partnership. i ncluding a limited partnership, the following information must be completed for each partner with an Interest of 10% or more, and for each general partner. Title(s): Mailing Address: City : Entity Official Name: Title(s): Mailing Address: City: Entity Official Name: Title(s): Mailing Address: City: [Form AB-17d] (re v 10/16/2017) License #2993 OBA The Upper Deck \ %Owned: ZIP : Phone: Ct \ J}"\~ , '3 v 2 \ %Owned: State: Phone: %Owned: State: Page 3 of 5 ALC OHO l MA RrJUANA CO NTR Ol OFFI CE I I ___ _§JATE.Q F tL AS~A _ 98 AMCO Alaska Alcoholic Beverage Control Board Beverage Dispensary-Tourism Li cense Alcohol and Marij uana Control Office 550 W 7th Avenue, Su ite 1600 Anchorage, AK 99501 , <.'•1.le !.H~)11 'ft it l~l ~CI ~ !.!lli"'i.fw w""·~QJrn!;!ll•~~sl., c uv/v..~IW!u•C.0 Phone: 907.269.0350 Form AB-1 7 d : 2018/2019 Re n ewal License Applica t ion S e ction 4 -E n tity Ownership Informat i o n This subsection must be completed by any licensee that is a corporation or LLC. Corporations and llCs are required to be in good standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may v iew you r entity's status or find your CBPL entity number by vising the following site: !ittp~:j /www .W!!!...m erce ,a l~\k a:.&2l!fclu!J m.ii1J.L~e.irc h}fil!_ttttl'S Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section 5. I Alaska CBPL Entity #: You must ensure that you are able to certify the following statement before slgni11g your initials in the box to the right: I certify that this entity i s in good standing with CBPL and that all current enti ty officials and stakeholders (listed belowl are also currently and accurately listed with CBPL. In i tia ls This subsection must be completed by any community or entitv. Including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page . • If the app licant is a corporation, th e following information mu st be comp leted fo r ea ch stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the app li cant i s a limited liability organization, the following in formation must be completed for ea ch member with an ownership Interest of 10% or more, and for each manager. o If the applicant i s a partnership. includ ing a limited partnershi p, the following information must be completed for each partner with an interest of 10% or more, and fo r each aeneral portn_e_r_. -----..,...------------------. Entity official Name: \>\ow ~ 'A-~.'--!?,"'-, .:;:~'-'-~i..:::~~--.1-----....------....-------1 ~M_a_i_lln_g_A_d_d_re_ss_: __ ._1_\"-'·J.___.t __ , 4_( __ ~_._ l -'ll._~_1 _....,......'_l _\_l_}~-+------~-~------1 \ City: '< ( State: \ \ ' \ Entity Official Name: Ti t le(s): Mailing Address: City: Entity Official Name: Title(s}: Mailing Addr ess: City: [Form AB -17d) (rev 10/16/20 17) Li cense #2993 OBA The Upper Deck ' ' ' I Phone: -- I State: Phone: State : ( . v. ZIP: I I %Owned: j . I I I I ZIP : ! ·-I %Owned: 99 Alaska Alcoholic Beverage Control Board Alcoho l and Marijuana Con t rol Office 550 W 7•h Avenue , Suite 1600 Anchorage, AK 99501 alcoh ol.li cens1ng@a l aska .gov https://www.commerc e.alaska .gov/web/amco Phone : 907.269.0350 Beverage Dispensary -Tourism License Form AB-17d: 2018/2019 Renewal License Application Section 5 -License Operation Check a single box for each calendar year that best describes how this liquor license was operated: The license was regularly operated continuously throughout eac h yea r, for 8 or more hours each day. The license was regu l arly operated during a specific season each year, for 8 or more hours each day. The license was only operated to meet the minimum re qu i rement of 30 days each yea r, 8 hours each day. If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checklist, and all necessary documentatio n mus t be provided with this application . The license was not operated at all or was not operated for at least the minimum requirement of 30 days each yea r, 8 hours each day, during one or both of the calendar years. If this box is checked, a complete copy of Form AB-29: Waiver of Operation Applicatio n and corresponding fees must be submitted with this application for each calendar year during which the license was not operated for at least the minimum requirem ent. Section 6 -Violations and Convictions Applicant violations and convictions in calendar years 2016 and 2017: Have any notices of violat ion (NOVs) be en iss ued to this licensee in the calen da r years 2016 or 2017? Has any person or entity na med in this application b een co nvicted of a violation of ntle 04, of 3 AAC 304, o r a local ordinance adop ted under AS 04 .21.010 in the calendar years 2016 or 2017? 201 6 2017 El ~ DD DD DD Yes No D 13 D G3 If "Yes" to either of the previous two questions, attach a separate page to this application listi ng all NOVs and/or convictions. Section 7 -Alcohol Server Education Read the line below, and then sign your Initials in the box to the right of the statement: I certify that all licensees, agents, and employees who se ll or serve alcoholic beverages o r check iden t ification of a patr on have co m pl et ed an alcohol server e du cation course approved by the ABC Board and keep curr ent, valid copies of their course co mpletion card s on the licensed premises during all working hours, as required under AS 04.21.025 and 3 AAC 304.465. [Form AB -17d] (rev 10/16/2017) License 112993 OBA The Upper Dec k NO Initials Page 4of S #J.COHOL MA RIJ UANA ::atH Rlll OFFICt __ 2lATE OF ~I ASK 4 100 Alaska Alcoholic Beverage Control Board Alcohol and Marij uana Control Office 550 W 7•h Avenue, Suite 1600 Anchorage, AK 99501 al coho l .licensing@alaska .gov https://www.com m erce .alaska .gov/w eb/amco Phone : 907.269.0350 Beverage Dispensary-Tourism License Form AB-17d: 2018/2019 Renewal License Application Section 8 -Certifications Read each line below, and then sign your initials in the bolC to the right of each statement: I certify that all current licensees (as defined in AS 04 .11.260) and affiliates have been listed on this application. I certify that in accordance with AS 04 .11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business . I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued . I am submitting as part of this application a written statement that meets the attached Tourism Statement Guidelines, for review by the Alcoholic Beverage Control Board . As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and Initials 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned to me as incomplete. Signature of li censee Signature of Notary Public Notary Public in and for the State of __________ _ Printed name of licensee My commissi on expires :-------- Subscri bed and sworn to before me this __ day of _________ ~ 20 __ . License Fee: I $ 2500.00 I Application Fee: I $ 200.00 Late Fee of $500.00 -if received or postmarked after 01/02/2018: Miscellaneous Fees: GRAND TOTAL (if different than TOTAL): [Form AB-17d] (rev 10/16/2017) License #2993 OBA The Upper Deck I TOTAL: $ 2700.00 NOV PageS of S ALCOHOL MAJ\IJU ANA CONTR OL OFF ICE 1 --~S TATE O FAL~~-_ 101 Alcohol and Marijuana Control Office 550 W 7•h Avenue. Suite 1600 Ancho r age, AK 99501 "'li. t •I t 'l OJ f~;k ~.JlOV AMCO Alaska Alcoholic Beverage Control Board Phone: 907.269.0350 Beverage Dispensary-Tourism License Form AB -17d: 2018/2019 Renewal Licens e Application Section 8 -Certifications Read each line below, and then sign your initials in ttie box to the right of each statement: I certify that all current l i censees (as defined in /\5 04.1 1.260) and affiliates have been listed on this application. I certify that in accordance w ith AS 04 .11.450, no one other than the licensee(s) has a direct or indirect financial interest in the l icensed business . I certify that I have not altered the functional floor plan or reduced or expanded the area o f the licensed p remises, and I have not changed the business name or the ownership (including officers. managers, general partners, or stakeholders) from what is currently on file with the Alcoholic Beverage Con t rol Board . I certify on behalf of myself or of the organized entity that I understand that providing a false statement on thi s form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any licens e issu ed . I am subm itting as part of this application a written statement that meets the attached Tourism Statement Guidelines , for revi ew by the Alcoholic Beverage Control Board. License Fee : I $ 2500.00 I Application Fee : I $ 200.00 I TOTAL : late Fee of -if received or postmarked after 01/02/2018: Miscellaneous Fees: GRAND TOTAL (If different than TOTALI: [Form AB·l7d] (rev 10/l6/2017) licen se #2993 OBA The Upper Deck c:-1111 l '1 ALCOH OL MAR IJ UANA CO Nl RO t ()Ffl{"t I __ _filfil OF ALA$KA $ 2700.00 Initials GJ D m '\ 0 . " . . 0 ' 102 Upper Deck LLC Beverage Dispensary License Re newal Tourism Statement The Upper Deck Lounge, located in the Kenai Municipal Airport Term inal, was establ ished in 1990. Our lounge is often the first and last place tourists to our area visit. We do not offer any rooms as we are as previously stated, in the airport terminal; however, we do provide information to our area visitors regarding lodging. Our staff is knowledgeable and often provide travelers information regarding amenities in o u r area. Our establishment does not provid e a dining facility as there is a restaurant located in the terminal. We do provide a l imited menu of food available if the restaurant is closed or the visitor is short on time. The City of Kenai operates the terminal building where the Upper Deck is located. Currently the te r minal is in the initial stages of a major renovation. We are hoping that during that renovation the Upper Deck will see improvements to better manage and serve the travelling public. Laura Peterkin manages the Upper Deck and is charge of all operations. C...l A-Lo. Peterkin pp r Deck, LLC - 103 Upper Deck LLC Beverage Dispensary License Renewal Tourism Statement The Upper Deck Lounge, located in the Kenai Municipal Airport Terminal, was established in 1990. Our lounge is often the first and last place tourists to our area visit. We do not offer any rooms as we are as previously stated, in the airport terminal; however, we do provide information to our area vis itors regarding lodging. Our staff is knowledgeable and often provide travelers information regarding amenities in our area. Our establishment does not provide a dining facility as there is a restaurant located in the terminal. We do provide a limited menu of food available if the restaurant is closed or the visitor is short on time. The City of Kenai operates the terminal building where the Upper Deck is located. Currently the terminal is in the initial stages of a major renovation. We are hoping that during that renovation the Upper Deck will see improvements to better manage and serve the travelling public. Laura Peterkin manages the Upper Deck and i s charge of all operations. Tha?k you for your ~ort. (!:_~(~~ Rodney A. Peterkin Upper Deck, LLC I -m~©~a~~© I I . JtL 1 l 201, I ALCO HOL MARrJUAN A CONTRO t OrFI Cf I -~MJ..Qf~---I 104 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll-free within the Borough: 1-800-4 78-4441 Ext. 2160 Email: assemblyclerk@kpb.us 12/21/2017 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7th Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non-Objection of License Renewal Application Business Name UPPER DECK, THE License Type Beverage Dispensary/Tourism JOHNI BLANKENSHIP, MMC BOROUGH CLERK License Location 305 N Willow Street, City of Kenai License No. 2993 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate t o let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant KPB Finance Department File City of Kenai 105 "Villllje with a Past City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO: David Ross, Chief of Police Willie Anderson, Lands Manager Terry Eubank, Finance Department Scott Bloom , Legal Department Matthew Kelly, City Planner FROM: ~mie Heinz, City Clerk DATE : U. December 19, 2017 RE: Liquor License Renewal ~ ,1111.' 1992 The Alcoholi c Beverage Control Board has sent notification that the following applicant has applied for renewal of its Liquor License No. 337 : Applicant: D/B/A: Fraternal Order of Eagles #3525 Fraternal Order of Eagles #3525 Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintain ed by your department (i.e. water and sewer billings , lease/property payment history, c itations , etc.) by the above reference applicant. Initial whether account(s) and/or payment plan(s) are c urrent or delinquent. If accounts a re delinquent, attach information to thi s memorandum indicating amounts owed and for which accounts. Please let me know if you have any questions. Once you have completed your section, please route to the next department. Thanks! 1. Police Department ]>If?.. initials ~have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. c;J The ap~)J t ha.s ?~!stand ing obligations and an additional page has been attached . ..t£.!_nance ...L.J::. 1mt1als W I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The aP,pJicant has outstanding obligations and an additional page has been attached. 3~al S r{ initials ~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The applicant has outstanding obligations and an additional page has been attached. 4~ds Management W=(..b:=-initials l!O I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outAf ing obligations and an additional page has been attached. 5. Planning and Zoning initials ~ave reviewed a ll record s for my department and the applicant is current on obligations or obligations do not exi st. Orhe applicant ha s outstanding obligations and an additional page has been attached . Returned to C lerk's office : Id.· ;JU •I 106 I llr. TAT [ 0 'ALASKA Crll\ I f{~()lt 1\111 \\\I Kf'H December 18, 2017 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email : jheinz@kenai.city Cc: cityclerk@kena i.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us kring@borough.kenai.ak.us Department of Commerce, Community, a nd Economic Development ALCOHOL & MAR IJUAN A CONTROL OFFICE 550 West 7th Av enue, Suite 1600 Anc horage, AK 99501 Main: 907.269.0350 Re: Notice of 2018/2019 Liquor License Renewal Application License Type: Club I License Number: I 337 Licensee: Frat. Order of Eagles #3525 Doing Business As: Frat. Order of Eagles #3525 We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. Th is is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reason s fo r the protest within 60 days of receipt of this notice, and by allowing the applicant a rea sonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304 .145{d). If a protest is filed, the board will deny the application unless the board finds that the protest is arb itra ry, capricious, and unrea sonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant ha s had a rea sonable opportunity to defend the application before a meet ing of the local go verning body. Si ncerely, : :• ,\I ''".,•' I'. .. ~,..,,.. 1 .U·h/\. ;11 I o./.I ~ ,.<. < Erika McConnell, Director amco.localgovernmentonly@alaska.gov 107 Alcohol and Marijuana Control Office 550 W 7 •h Avenue, Su ite 1600 Anchorage , AK 99501 alcoh ol.licensing@alaska .gov https ://www.c ommerce.alaska gov/web/amco Phone : 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2018/2019 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing liquor license that will expire on December 31, 2017 . All fields of this form must be complete and corr ect, or the appl ication w ill be returned to you in the manner in which it was received , per AS 04 .11.270 and 3 AAC 304 .105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits w ithin the Matanuska -Susitna Borough . TJ - This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Section 1 -Establishment and Contact Information Enter information for the business seeking to have its license renewed . If any populated information is incorrect, please contact AMCO. licensee: Frat. Order of Eagles ##3525 License#: 337 License Type: Club Statute: AS 04.11.110 Doing Business As: Frat Order of Eagles #3525 Premises Address: 5765 Spur Hwy Local Governing Body: City of Kenai (Kenai Peninsula Borough) Community Council: None Mailing Address: City: Ke l'\e\..i I State: ! Al ~skv.. I ZIP: I 99/// ··-····--· -· -------···-·--------~----------------~~ Enter information for the individual who will be designated as the primary po int of contact regarding this application . This individua l must b I h dbl d d h d I e a icensee w o is requ ire to e iste in an aut orize to sign this app ication. Point of Contact : Brett I-l o I+ Contact Phone: 1o7-391l-3:l3 9 I Business Phone: l C/07·-283-4938 Contact-Email : -~ •I " '· . /oEc Seasonal License? l Ye s I No D rgJ If ''Yes", write your six-month operating period:----------- [Form AB·17) (rev 10/16/2017) Page 1of5 License #337 OBA Frat Orde r of Eagles #352 5 108 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7'" Avenue, Suite 1600 Anchorage, AK 99501 alco hol. li cens ing@alaska.gov h ttps ://www.commerce .al as ka.gov/w eb/amco Phone : 907.269.0350 Form AB-17: 2018/2019 Renewal License Application Section 2 -Authorization Communication with AMCO staff: Does any pe rson other than a li cens ee named in this applica tion have authority to discuss this license with AMCO staff? Yes No If ''Yes", disclose the name of the indiviclual and the reason for this at•thorization: ~~~~~~~~~--'-~~~~~~~~~~~~~~~~ Section 3 -Sole Proprietor Ownership Information This section must be completed by any sole proprietorship who is applying for license renewal. Entities should skip to Section 4. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and ea ch affiliate (spouse). This Individual is an: D applicant D affiliate Name: Mailing Address: City: I State: I I ZIP: I Email : Contact Phone : This individual is an: D applicant D affiliate Name: Mailing Address: City: I State : I I ZIP: I Email: Contact Phone: [Form AB -17) (rev 10/16/2017) Page 2 of S Li cense #337 OBA Frat Orde r of Eagles #3525 109 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol .li cens in g@a las ka .gov https ://w ww .commerce .a la ska .gov /web/am co Phone: 907.269.0350 "o & ~OLO~ Form AB-17: 2018/2019 Renewal License Application Section 4 -Entity Ownership Information This subsection must be completed by any licensee that Is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may view your entity's status or find your CBPL entity number by vising the following site: https://www.comme rce .alaska .gov/c bp/ma in /search/e ntiti es Partnerships may skip t o the second half of this page. Sole proprietorships should skip to Section 5. I Alaska CBPL Entity #: I IJ.431 D You must ensure that you are a b le to certify the following statement before signing your initials in the box to the right: I certify th at this entity is in good standing with CBPL and that all current entity officials and stakeholders (listed below) are also currently and accurate ly lis ted with CBPL. Initials This subsection must be completed by any community or entltv. including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the appli cant is a limited liability organization, the following information must be completed for each member with an ownership Interest of 10% or more, and for each manager. • If the applicant is a partnership. in cluding a limited partnership. the following information mu st be completed for each partner with an interest of 10% or more, and for each general partner. Entity Official Name: Title(s): r. f;°c c re ft:( Phone: 907-i.8 3 ·-'t138 %Owned: --e- Malling Address: S-76'6" i< l'\C\.i S IAf° /.lw City: K e f'\e\.'1 State: Al&tsk~ ZIP: 9961/ Entity Officiai r1'ame : ~·f Title(s): Pr. :s; Phone : 1 l' 7-J.'83 ·-'113 & %Owned: -&-- Mailing Address: City: ZIP: Entity Official Name: Title(s): %1 7-29 3 -'I? 38 %Owned: Mailing Add ress: !i7t!i City: State: Alfll..s-ZIP: C/'l t II [Form AB-17) (rev 10/16/2017) Page 3of 5 License #337 OBA Frat Order of Eagles #3525 110 Alaihol and Marijuana Control Offla! 550 W 7'11 Avenue, Suite 1600 Anchorage, AK 99501 aloohol.Bcenslng@alaska.gov httos;/lwww,commerce,alas!ca.grw/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2018/2019 Renewal License Application ·. ~~4~-~~.o,Wn~ip ·lnt0~on .· · : ·: .. · ....... ·· ·· ' • ' • • ' • ' " • • • '• '• .~ • • ' " • • '• • '. •: ',, ' • '• • • • • ~ • • • ' ' I ; ' • .' This subsection must be mmpleted by any licensee that is a corporation or U.C. Corporations and U.Cs are required to be In good standing with the Alaslca Division of Corporations, BuSiness & Professional Licensing (CBPIJ. You may view your entity's status or find your CBPI. entity number by vising the followfng site: https://www.amJmerce.alaska.gov/cbp/main/searchlentilies Partnerships may skip to the sea>nd half of this page. Sole proprietorships should skip to Section 5 . ' I Alaska CBPL Entity#: I 12lf3/ D -· --____ '"'1' ___ ----- You must ensure that you are able to certify the following statement before signing your initials in the bax 1D the right: I certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders (listed below) are also currently and accurately listed with CBPL Initials This subsection must be completed by any mmrnunltv or~ lnducfmg a corporation, Dmited UabHity company, partnership, or Umlled partnership, that is "applying for renewal. If more space is needed, please attach additional completed copies of this page. • If the applicant is a corporation. the following information must be completed for each stodtholder who owns 1°" or more of the stock In the corporation. and for each pft!Sident vfce..pft!Sident seaetrr~ and managing o/fla?r. • If the applicant is a limited 6ab1Utv omanlzatlon. the following information must be completed for each member with on ownetshlp interest of l°" or more, and for each manager. • • If the applicant is a nartnersbip, inducting a &mltl!d partnership, the following information must be completed for each partner with an lnteresto/ ~or more. and for each I partneT. Entity Official Name: S~e.t w jl\ Re I\ oJ cl s· Caty: A 14/ltS k"" ZIP: 9'16// ·-·· --Entity·Ofliciai·Name;·-· · Title(s): -hone: </1)7-J.83-'1138 %Owned: -6)- MaiUng Address: City: ZIP: 'IC/ 61/ Entity Official Name: --. I I I %awned: I Tttle(s): . Phone: . , Malling Address: .. , . I . I I ZIP: I - City: State: ---.. ........ -~G . . ·. :. :: .· : .: . _;·~·; Page3of5 i NOV 1 4 2017 i i [Fonn Alt-17) (rev 10/16/2017) Uoense #337 DBA Frat Order of Eag1es #3525 ~.Le.;; t:.ii. ;: ;!~~1 ::tl~i·;/. 1' \:~f. L:.::_ OFf-:Ci: .... -.. ' 111 Alcohol and Marijuana Control Office 550 W 7•h Avenue, Suite 1600 Anchorage, AK 99501 alcohol .licen sin g@alas k a.gov ht tps ://www.commerce .al aska.gov/w eb/amco Phone : 907.269.0350 Alaska Alcoholic Beverage Control Board "'o & ~OLO~ Form AB-17: 2018/2019 Renewal License Application Section 5 -License Operation Check a single box for each calendar year that best descri bes how this liquor license was operated: The license was regularly operated continuously throughout each year, for 8 or more hours e ach day. The license was regularly operated during a specific season each year, for 8 or more hours each day. The licc:i~c was cr.!y cpcratcd tc m ee t the min i mum requ i rement of 30 days each year, 8 hours each day. If this box is checked, a complete copy of Form AB -3 0: Proof of Minimum Operation Checklist, and all necessary documentation mus t be provided with this application. The license was not operated at all or was not ope rated for at least the minimum requirement of 30 days each year, 8 hours each day, during one or both of the calendar years . If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for ea ch calendar year during which the licens e was not operated for at least the minimum requirement. Section 6 -Violations and Convictions Applicant violations and convictions in calendar years 2016 and 2017: Have any notices of v iolation (NOVs) been i ss ued to this licensee in the calen da r years 2016 or 2017? Ha s any pe rs o n or entity named in this applicati on been convi cted of a vio la tion of Title 04, of 3 AAC 304, or a local ordi nance adopted under AS 04.21.010 in the calendar yea rs 2016 or 2017? 2016 2017 ~~ CD DD DD Yes No 00 D~ If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 -Alcohol Server Education This section must be completed only by the holder of a beverage dispensary, club, or~ license or conditional contractor's permit. The holders of all ot her license types should skip to Section 8. Read the line below, and then sign your initials in the box to the right of the statement: I certify that all licensees, agents, and employees who sell or serv e alcoholic be ve ra ge s or check identification of a pat ro n have completed an alc oh ol serve r edu cation course approved by the ABC Board and keep current. valid copies of their course completion card s on the license d premises during all w orking hours, as re quired under AS 04.21 .025 and 3 AAC 3 04 .465. [Form AB-17) (rev 10/16/2017) Li cense #33 7 OBA Frat Order of Eagles #3525 Initi als Page 4 of 5 112 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol .li censi ng@a laska .gov https://www .commerce.a laska .gov/w eb/amco Phone : 907.269 .0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2018/2019 Renewal License Application Section 8 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all cu rrent licensees (as defined in AS 04.11.260) and affiliates have been listed on this application . I certify that in accordance with AS 04.11 .450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed pr em ises, and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeholders) from what is currently on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or den ial of this application or revocation of any license issued . Initials As an applicant for a liquor license renewal, I decla re under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete . I agree to provide all information required by the Alcoholic Beverage Control Board in support of this appl ication and understand that failure to do so by any deadline given to me by AMCO staff will r es ul t i n thi s application bei ng returned to me as incomplete. Signature of l i censee Signature of Notary Public J3,-e tt r Ho 1·-I- Printed name of licens.\"~\\\\ll lllm1111~ Notary Pu blic in and for the State of ~/~\\~<\~~~k .... o.~----- ~~CA U\r,~. ~~<,.;~ .............. o~~ §I•Y.-• ~"•. ~ §&· -,..,. ~ ;:::: ...... ~ ~" ~ My commission expires: OS ) I q / d<J l'i I I , 20.IJ_. ~ f NOTARY \ ~ ==: IC : s ll\ A \ ~ ,,,_\ PUBL / 1t~scribe d and sworn to before me this JQ.!.:. day of C 0 t 11\ J t \, ::::;...-.. ~ .A .. •''lllt""i§ License Fee: ~ <.P}.··.~ 19 ~ •• ·;,...~~ ~ ~ft"·;·.~\,~J~ ~OF~ 'h/1111111\\\\~ I $ 1200.00 I Application Fee: I $ 200.00 Late Fee of $500.00 -if received or postmarked after 01/02/2018: Miscellaneous Fees : GRANO TOTAL (if different than TOTAL): [Form AB-17) (rev 10/16/20 17) license #337 OBA Frat Order o f Eagl e s #35 25 I TOTAL: $1400.00 Page SofS 113 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Ala ska 99669-7520 PHONE : (907) 714-2160 • FAX: (907) 714-2388 Toll-free within the Borough : 1-800-478-4441 Ext. 2160 Email : assemblyclerk@kpb .us 12/20/2017 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7 th Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE : Non-Objection of License Renewal Application JOHNI BLANKENSHIP, MMC BOROUGH CLERK Business Name FRATERNAL ORDER OF EAGLES License Type Club License Location License No. Dear Ms. Oates, 5765 Spur Hwy City of Kenai 337 This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this License Renewal application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant KPB Finance Department File 114 115 116 117 118 119 120 121 122 123 New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 2997-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.20.330 - STANDARD FOR COMMERCIAL MARIJUANA ESTABLISHMENTS, FOR PURPOSES OF CONSISTENCY WITH THE CITY’S LAND USE TABLE. WHEREAS, on January 20, 2016, the Council enacted Ordinance No. 2870-2016, creating standards and zoning requirements for commercial marijuana establishments in Kenai; and, WHEREAS, Ordinance 2870-2016 created both a new section of code, KMC 14.20.330, and amended the City’s existing Land Use Table, KMC 14.22.010; and, WHEREAS, during the Council’s consideration of the Ordinance on January 20, 2016, more than 20 motions to amend the legislation were made; and, WHEREAS, several motions amending the Land Use Table were approved without complementary motions needed to KMC 14.30.330 for purposes of consistency; and, WHEREAS, these motions included permitting marijuana testing facilities in certain zones, and amending where other types of commercial marijuana establishments were allowed with conditional use permits; and, WHEREAS, it is in the best interest of the City to amend KMC 14.20.330 consistent with the intent of Council’s approved amendment motions and the Land Use Table. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 14.20.330 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.330 – Standards for Commercial Marijuana Establishments, is hereby amended as follows: The purpose of this Section is to establish general standards for Commercial Marijuana Establishments. (a) [A] Commercial Marijuana Establishments [SHALL] may be permitted or [ONLY BE] allowed with a Conditional Use Permit under Kenai Municipal Code Section 14.20.150, as provided in the City of Kenai’s Land Use Table, Kenai Municipal Code 14.22.010, and the provisions of this section. (b) Applicants applying for a Conditional Use Permit must include an area map drawn to scale indicating all land uses on other properties within a 500-foot proximity of the lot upon which the applicant is seeking a Conditional Use Permit. This shall be in additional to the 124 Ordinance No. 2997-2018 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] Conditional Use Permit submission requirements in Kenai Municipal Code Section 14.20.150. (c) A Public Hearing shall be scheduled before the Planning and Zoning Commission to review the Conditional Use Permit application once it has been deemed complete. The Public Hearing shall be scheduled in accordance with the requirements in Kenai Municipal Code Section 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the proposed action. (d) The preparation, packaging, manufacturing, processing or storing of all Marijuana, Marijuana Concentrate or Marijuana Products must be conducted within a fully enclosed secure indoor facility. The growing and cultivating of marijuana must be conducted within a fully enclosed, secure indoor facility or greenhouse with view obscuring rigid walls, a roof and doors, unless a non-rigid greenhouse, or other structure is specifically approved, in which case the cultivation must be enclosed by a sight obscuring wall or fence at least six feet high. (e) All Commercial Marijuana Establishments shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment. (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) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment 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 commercial marijuana establishment from other uses, or available 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, a substance abuse treatment facility providing substance abuse treatment. [(G) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS SECTION, NO PERSON OR LICENSEE MAY CONSTRUCT, BUILD, OPERATE OR OTHERWISE DEVELOP A COMMERCIAL MARIJUANA ESTABLISHMENT ON ANY PARCEL ZONED: RURAL RESIDENTIAL (RR), RURAL RESIDENTIAL-1 (RR-1), SUBURBAN RESIDENTIAL (RS), SUBURBAN RESIDENTIAL-1 (RS-1), SUBURBAN RESIDENTIAL-2 (RS-2), URBAN RESIDENTIAL (RU), TOWNSITE HISTORIC (TSH), CONSERVATION (C), RECREATION (R), CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (GC), EDUCATION ZONE (ED) OR CENTRAL MIXED USE (CMU).] 125 Ordinance No. 2997-2018 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] [(H) A PERSON OR LICENSEE MAY APPLY FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION AND OPERATING OF A MARIJUANA TESTING FACILITY IN THE CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (GC) OR CENTRAL MIXED USE (CMU) ZONES.] ([I]g) A person or licensee may apply for a Conditional Use Permit to allow for a Marijuana Cultivation Facility, Standard on lots of forty thousand (40,000) square feet or greater in size, and a Marijuana Cultivation Facility, Limited on any size lot. [IN THE FOLLOWING ZONES: RURAL RESIDENTIAL (RR), RURAL RESIDENTIAL-1 (RR-1), SUBURBAN RESIDENTIAL (RS), SUBURBAN RESIDENTIAL-1 (RS-1), SUBURBAN RESIDENTIAL-2 (RS-2), URBAN RESIDENTIAL (RU), OR LIMITED COMMERCIAL (LC).] ([J]h) A Marijuana Cultivation Facility, Standard, or a Marijuana Cultivation Facility, Limited, shall only be allowed on a lot which has an existing structure consistent with a principal permitted use. ([K]k) A Marijuana Cultivation Facility located in an Accessory Building shall be subject to the setback provisions in Kenai Municipal Code Section 14.24.020 – Development Requirements Table. A Person or Licensee seeking relief from the provisions in the Development Requirements Table may apply for a Variance subject to the provisions of Kenai Municipal Code Section 14.20.180. Section 2. 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 3. 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 17th day of January, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: Jamie Heinz, City Clerk Introduced: January 3, 2018 Enacted: January 17, 2018 Effective: February 16, 2018 126 'Vtff ~ t<1/th a Pa.if~ Ct'tj t<1/th a h.tfl.l"e 11 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone : (907) 283-7535 I Fax : (907) 283-3014 www.kenai .city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai 9~ Council City Attorney, Scott M. Bloom eJ January 3, 2018 Standards for Commercial Marijuana Establishments/Ordinance No . 2997- 2018 Ordinance No. 2997-2018 sponsored by the City Attorney removes conflicting code provisions between KMC 14 .20 .330-Standards for Commercial Marijuana Establishments , and KMC 14.22.010-Land Use Table, consistent with the intent of the City Council. Kenai Municipal Code 14.20.330 was enacted , and KMC 14.22 .010 was amended, by Ordinance 2870-2016 at the Council 's regular meeting on January 20, 2016 which created the City's first standards and zoning requirements for commercial marijuana establ ishments . During Council's consideration of the Ordinance on January 20, 2016 over 20 amendments were made. A few of the amendments made to the Land Use Table were approved without needed complimentary amendments to KMC 14.20.330. The following is a summary of three approved amendments to the Land Use Table on January 20, 2016, and conflicting provisions in KMC 14.20 .330 : 14.22.010 Land Use Table 14.20.330 -Standards Permitting testing facilities in certain Industrial 14.20 .330(a) requires all marijuana establishments have a conditional use Zones oermit Allowing marijuana establishments in General 14.20.330(g) prohibits establishments Commercial Zone with conditional use permit. in General Commercial Zone Allowing retail establishments in Central Mixed Use 14.20.330(g) prohibits establishments Zone in Central Mixed Use Zone The recording and attached minutes of the meeting clearly show that the Council intended to allow commercial marijuana establishments in certain zones either as permitted on conditional uses as reflected in the Land Use Table, and KMC 14.20.330 should be amended to be consistent with the Land Use Table. 127 Page 2 of 2 Standard for Commercial Marijuana Establishments/Ordinance No. 2997-2018 Ordinance 2997-2018 as proposed makes the necessary changes and additional changes , removing zoning prohibitions and delegations from KMC 14.20 .330 in an effort to avoid similar issues in the future caused by having the same information in two places in the code . The sponsor does not recommend referral of this ordinance to the Planning and Zoning Commission because it is only intended to address issues that have already been decided by the City Council with prior input from the Planning and Zoning Commission . Your consideration is appreciated . 128 New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration and Legal CITY OF KENAI ORDINANCE NO. 2998-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING, RENAMING AND RE-ENACTING KENAI MUNICIPAL CODE CHAPTER 21.10-LEASING OF AIRPORT RESERVE LANDS TO ENCOURAGE GROWTH, DEVELOPMENT AND A THRIVING AVIATION COMMUNITY THROUGH RESPONSIBLE LAND POLICIES AND PRACTICES. WHEREAS, the City’s leasing program within the airport reserve has failed to accomplish the City’s goals of encouraging growth and development of the airport within the last several years; and, WHEREAS, what few new leases that have been executed within the airport reserve have all deviated from the City’s existing code; and, WHEREAS, the city manager’s office, the finance director, airport manager, planner and legal department have worked together with consultants and reached out to airport leaseholders, users and financiers for input into improving the City’s airport reserve leasing program; and, WHEREAS, the working group has reviewed other airport leasing programs inside Alaska and in other states, and the recommended program will provide a competitive environment to encourage leasing within the airport reserve in compliance with FAA regulations and deed restrictions; and, WHEREAS, many of the changes are focused on encouraging new leases through a more competitive development schedule and incentives, reducing appeals and conflict between the City and lessees, providing a defined process for beginning, renewing, extending and ending leases, balancing encouragement of new business with security for existing leaseholders, and providing an improved mechanism for rent adjustments; and, WHEREAS, this ordinance will provide an opportunity for existing leaseholders to convert to a new lease; and, WHEREAS, the Planning and Zoning Commission at its meeting of January 10, 2018 recommended ______________; and, WHEREAS, the Airport Commission at its meeting of January 11, 2018 recommended ______________. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Repeal and Reenactment of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 21.10 –Leasing of Airport Reserve Lands, is hereby Repealed in its entirety and Re-enacted as follows: 129 Ordinance No. 2998-2018 Page 2 of 26 New Text Underlined; [DELETED TEXT BRACKETED] [21.10.010 AIRPORT RESERVE LAND. (A) THIS CHAPTER APPLIES TO AIRPORT-OWNED LAND WITHIN THE AIRPORT RESERVE. (B) THE PROVISIONS OF THIS CHAPTER SHALL NOT ALTER OR AMEND THE TERMS OR RIGHTS GRANTED UNDER LEASES EXISTING PRIOR TO THE EFFECTIVE DATE OF THIS CHAPTER. (C) PENDING LEASE APPLICATIONS FOR AIRPORT LAND FILED PRIOR TO THE EFFECTIVE DATE OF THIS CHAPTER SHALL BE PROCESSED AND ISSUED UNDER THE PROVISIONS OF KMC TITLES 21 AND 22 IN EXISTENCE IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS CHAPTER. OTHERWISE THE PROVISIONS OF THIS CHAPTER SHALL APPLY. (ORD. 2180-2006) 21.10.020 LANDS AVAILABLE FOR LEASING. (A) SUBJECT TO THE PROVISIONS OF THIS CHAPTER, CITY-OWNED LAND WITHIN THE AIRPORT RESERVE MAY BE LEASED AS PROVIDED IN THIS CHAPTER UNLESS THE LAND IS IDENTIFIED IN THE LATEST FEDERAL AVIATION ADMINISTRATION- APPROVED AIRPORT LAYOUT PLAN FOR THE AIRPORT OR IN THE LATEST AIRPORT LAND USE PLAN AS BEING REQUIRED FOR THE OPERATION OR SAFETY OF THE AIRPORT, OR FOR THE CONSTRUCTION, PRESERVATION, FUTURE CONSTRUCTION, OR FUTURE EXPANSION OF FACILITIES ON THE AIRPORT, INCLUDING: (1) RUNWAYS, RUNWAY SAFETY AREAS, TAXIWAYS, APRONS, WATER LANES, WATER TAXIWAYS, AND OTHER AIRCRAFT OPERATIONAL AREAS; (2) ACCESS ROADS, PUBLIC STREETS, PARKING LOTS, AND OTHER FACILITIES FOR USE BY MOTOR VEHICLES; AND (3) PUBLIC TERMINAL BUILDINGS. (B) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION: (1) APRON SPACE MAY BE LEASED, BUT ONLY FOR AIRCRAFT FUELING, LOADING, UNLOADING, PARKING AND MANEUVERING PURPOSES; AND (2) LAND REQUIRED FOR THE FUTURE CONSTRUCTION OR FUTURE EXPANSION OF AIRPORT FACILITIES: (I) MAY BE LEASED FOR AN INTERIM PERIOD NOT EXTENDING BEYOND THE DATE ON WHICH THE CITY MANAGER DETERMINES THE LAND WILL BE REQUIRED FOR THE CONSTRUCTION OR EXPANSION, BUT (II) MAY NOT BE LEASED IF THE CITY MANAGER DETERMINES THAT GRANTING THE LEASE W OULD INTERFERE WITH, OR JEOPARDIZE, THE SAFE OPERATION OF THE AIRPORT. (ORD. 2180-2006) 21.10.030 QUALIFICATIONS OF APPLICANTS OR BIDDERS. 130 Ordinance No. 2998-2018 Page 3 of 26 New Text Underlined; [DELETED TEXT BRACKETED] AN APPLICANT OR BIDDER FOR A LEASE IS QUALIFIED IF THE APPLICANT OR BIDDER: (A) IS AN INDIVIDUAL AT LEAST EIGHTEEN (18) YEARS OF AGE; (B) IS A GROUP, ASSOCIATION, OR CORPORATION WHICH IS AUTHORIZED TO CONDUCT BUSINESS UNDER THE LAWS OF ALASKA; OR (C) IS ACTING AS AN AGENT FOR ANOTHER AND HAS QUALIFIED BY FILING WITH THE CITY MANAGER A PROPER POWER OF ATTORNEY OR A LETTER OF AUTHORIZATION CREATING SUCH AGENCY. THE AGENT SHALL REPRESENT ONLY ONE (1) PRINCIPAL TO THE EXCLUSION OF HIMSELF OR HERSELF. THE TERM “AGENT” INCLUDES REAL ESTATE BROKERS AND AGENTS. (ORD. 2180-2006) 21.10.040 APPLICATIONS. (A) ALL APPLICATIONS FOR LEASE OF LANDS SHALL BE SUBMITTED TO THE CITY MANAGER ON FORMS PROVIDED BY THE CITY MANAGER, TOGETHER WITH THE NON-REFUNDABLE FILING FEE AND ANY APPLICABLE DEPOSIT REQUIRED UNDER KMC 21.10.050. THE CITY MANAGER SHALL NOT ACCEPT AN APPLICATION THAT THE MANAGER DETERMINES TO BE INCOMPLETE. UPON RECEIPT OF A COMPLETE APPLICATION, FILING FEE, AND ANY APPLICABLE DEPOSIT, THE CITY MANAGER SHALL CAUSE THE APPLICATION TO BE STAMPED W ITH THE DATE AND TIME OF ITS RECEIPT. (B) WITH EVERY APPLICATION, THE APPLICANT SHALL SUBMIT: (1) A DEVELOPMENT PLAN, SHOWING AND STATING: (I) THE PURPOSE OF THE PROPOSED LEASE, (II) THE USE, NATURE, PROPOSED LOCATION ON THE PREMISES, AND ESTIMATED COST OF IMPROVEMENTS TO BE CONSTRUCTED, (III) THE TYPE OF CONSTRUCTION, (IV) THE ANTICIPATED CONSTRUCTION BEGINNING AND COMPLETION DATES (ORDINARILY TW O (2) YEARS), AND (V) WHETHER THE INTENDED USE AND PROPOSED DEVELOPMENT CONFORMS WITH THE: (A) ZONING ORDINANCE OF THE CITY, (B) COMPREHENSIVE PLAN OF THE CITY, (C) LATEST FEDERAL AVIATION ADMINISTRATION-APPROVED AIRPORT LAYOUT PLAN FOR THE AIRPORT, AND (D) THE LATEST AIRPORT LAND USE PLAN; (2) A BUSINESS PLAN, IF THE APPLICANT PROPOSES TO OPERATE A BUSINESS ON THE PROPOSED PREMISES. THE PLAN MUST INCLUDE: (I) A COMPREHENSIVE DESCRIPTION OF THE PROPOSED BUSINESS, (II) THE NUMBER OF PEOPLE THE APPLICANT EXPECTS TO EMPLOY IN THE BUSINESS DURING ITS FIRST FULL YEAR OF OPERATION; 131 Ordinance No. 2998-2018 Page 4 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (3) A SITE PLAN, IF THE LAND THE APPLICANT DESIRES TO LEASE IS NOT A PLATTED LOT OR TRACT. THE SITE PLAN MUST SHOW THE LOCATION AND DIMENSIONS OF THE PROPOSED LEASE SITE, BUT NEED NOT BE PREPARED BY AN ENGINEER OR SURVEYOR; AND (4) A KPB TAX COMPLIANCE CERTIFICATE AND STATEMENT THAT THE APPLICANT IS CURRENT WITH ANY CHARGES, FEES, RENTS, TAXES OR OTHER SUMS DUE AND PAYABLE TO THE CITY. (C) ANYTIME DURING THE PROCESSING OF A LEASE APPLICATION, THE CITY MANAGER MAY REQUEST, AND THE APPLICANT SHALL SUPPLY, ANY CLARIFICATION OR ADDITIONAL INFORMATION THAT THE CITY MANAGER REASONABLY DETERMINES IS NECESSARY FOR THE CITY TO MAKE A FINAL DECISION ON THE APPLICATION. (ORD. 2180-2006) 21.10.050 FILING FEE AND DEPOSIT. (A) WHEN SUBMITTING AN APPLICATION FOR LEASE OF LAND, THE APPLICANT SHALL PAY THE CITY THE FOLLOWING AS SET FORTH IN THE CITY’S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL: (1) PAY A NON-REFUNDABLE FILING FEE; AND (2) A DEPOSIT TO SHOW GOOD FAITH AND SECURE THE CITY IN PAYMENT OF ANY COSTS, INCLUDING: (A) AN APPRAISAL COST RECOVERY DEPOSIT, AND (B) AN ENGINEERING, SURVEYING AND CONSULTING COST RECOVERY DEPOSIT. (B) IF THE CIT Y DECIDES TO REJECT THE APPLICANT’S APPLICATION AND NOT ENTER INTO A LEASE WITH THE APPLICANT THROUGH NO FAULT OF THE APPLICANT OR FAILURE OF THE APPLICANT TO COMPLY WITH ANY REQUIREMENT OF THIS CHAPTER, ANY DEPOSIT MADE UNDER SUBSECTION (A)(2) OF THIS SECTION SHALL BE RETURNED TO THE APPLICANT. (C) IF THE CITY ENTERS INTO A LEASE WITH THE APPLICANT ANY DEPOSIT MADE BY THE APPLICANT UNDER SUBSECTION (A) OF THIS SECTION WILL BE APPLIED TO THE CITY’S ENGINEERING, APPRAISAL, AND CONSULTING COSTS RELATED TO THE PROCESSING OF THE APPLICANT’S APPLICATION AND ENTERING INTO THE LEASE. THE CITY WILL APPLY ANY UNUSED BALANCE OF A DEPOSIT TO THE RENT PAYABLE UNDER THE LEASE. IF THE CITY’S COSTS EXCEED THE AMOUNT OF ANY DEPOSIT, THE APPLICANT SHALL PAY THE SHORTAGE TO THE CITY AS A CONDITION OF THE LEASE. (D) IF THE APPLICANT FAILS TO COMPLY WITH ANY REQUIREMENT OF THIS CHAPTER, CAUSES INORDINATE DELAY, AS DETERMINED BY THE CITY MANAGER, OR REFUSES TO SIGN A LEASE OFFERED TO THE APPLICANT, THE CITY MANAGER WILL REJECT THE APPLICANT’S APPLICATION AND APPLY ANY DEPOSIT MADE BY THE APPLICANT UNDER SUBSECTION (A) OF THIS SECTION TO THE CITY’S APPRAISAL, ENGINEERING, AND CONSULTING COSTS INCURRED IN CONNECTION 132 Ordinance No. 2998-2018 Page 5 of 26 New Text Underlined; [DELETED TEXT BRACKETED] WITH THE APPLICANT’S APPLICATION. IF THE CITY’S COSTS FOR APPRAISAL, ENGINEERING AND CONSULTING COSTS EXCEED THE DEPOSITS, THE APPLICANT WILL BE RESPONSIBLE FOR THESE COSTS. THE CITY WILL RETURN ANY UNUSED DEPOSIT BALANCE TO THE APPLICANT. (ORDS. 2180-2006, 2528-2011) 21.10.060 NO RIGHT OF OCCUPANCY—APPLICATION EXPIRATION. (A) SUBMITTING AN APPLICATION FOR A LEASE DOES NOT GIVE THE APPLICANT A RIGHT TO LEASE OR USE THE LAND REQUESTED IN THE APPLICATION. (B) IF THE CITY DOES NOT REJECT THE APPLICATION, AN APPLICATION SHALL EXPIRE ON THE EARLIER OF THE FOLLOWING: (1) TWELVE (12) MONTHS AFTER THE DATE STAMPED ON THE APPLICATION UNDER KMC 21.10.040(A) IF THE CITY AND THE APPLICANT HAVE NOT, BY THAT TIME, ENTERED INTO A LEASE, UNLESS THE COUNCIL FOR GOOD CAUSE GRANTS AN EXTENSION FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS; OR (2) THE DEADLINE DATE ESTABLISHED UNDER KMC 21.10.140, INCLUDING ANY EXTENSION OF TIME GRANTED THEREUNDER. (ORD. 2180-2006) 21.10.070 APPLICATION PROCESSING PROCEDURE. (A) INITIAL APPLICATION REVIEW BY: (1) ASSISTANT TO THE CITY MANAGER (FOR APPLICATION COMPLETENESS; CONFORMANCE WITH TITLE 21); (2) AIRPORT MANAGER (FOR CONFORMANCE WITH THE AIRPORT LAND USE PLAN, AIRPORT LAYOUT PLAN, AIRPORT MASTER PLAN, FAA REGULATIONS, AIP GRANT ASSURANCES, AND AIRPORT OPERATIONS); (3) CITY PLANNER (FOR CONFORMANCE WITH THE AIRPORT LAND USE PLAN, COMPREHENSIVE PLAN, MUNICIPAL ZONING, AND FUTURE AIRPORT IMPROVEMENT PROJECTS); AND (4) CITY MANAGER (FOR ADEQUACY OF THE APPLICANT’S BUSINESS PLAN AND CONSTRUCTION FINANCING PLANS). (B) THE ABOVE STAFF SHALL PRESENT TO THE CITY MANAGER THEIR JOINT RECOMMENDATION FOR ACTION ON THE APPLICATION, SUCH AS REJECTION, APPROVAL, OR APPROVAL OF A STAFF ALTERNATIVE. (C) IF THE CITY MANAGER CONCURS WITH THE STAFF RECOMMENDATION, THE MANAGER WILL: (1) ISSUE A REJECTION LETTER, STATING THE REASONS FOR REJECTION; OR (2) REFER THE APPLICATION TO THE AIRPORT COMMISSION AND THE PLANNING AND ZONING COMMISSION FOR REVIEW AND COMMENT, TOGETHER WITH THE MANAGER’S RECOMMENDATION FOR APPROVAL OR APPROVAL OF THE STAFF ALTERNATIVE; AND (3) INFORM THE CITY COUNCIL OF THE MANAGER’S RECOMMENDATION. 133 Ordinance No. 2998-2018 Page 6 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (D) IF THE CITY MANAGER REFERS THE APPLICATION TO THE COMMISSIONS, THE CITY MANAGER WILL CONSIDER THE RECOMMENDATIONS OF THE COMMISSIONS, AND: (1) ISSUE A REJECTION LETTER, STATING THE REASONS FOR REJECTION; OR (2) APPROVE THE APPLICATION OR STAFF ALTERNATIVE, AND DIRECT THE STAFF TO ISSUE THE LEASE; AND (3) INFORM THE CITY COUNCIL OF THE MANAGER’S DECISION TO APPROVE OR REJECT THE APPLICATION; OR (4) OBTAIN THE CITY COUNCIL’S CONCURRENCE IF THE MANAGER’S DECISION TO APPROVE OR REJECT THE APPLICATION IS CONTRARY TO THE RECOMMENDATIONS OF THE COMMISSIONS. (E) AN APPLICANT WHOSE APPLICATION IS REJECTED BY THE CITY MANAGER MAY APPEAL TO THE CITY COUNCIL WITHIN FIFTEEN (15) DAYS FOLLOWING THE DATE ON WHICH THE MANAGER’S REJECTION LETTER WAS HAND DELIVERED OR PLACED IN THE U.S. MAIL. (F) IF ANOTHER COMPLETE AND OTHERWISE APPROVABLE APPLICATION FOR LEASE OF THE SAME PROPERTY IS SUBMITTED BY A DIFFERENT APPLICANT BEFORE THE CITY MANAGER ENTERS INTO A LEASE WITH THE FIRST APPLICANT, THE CITY MANAGER WILL FORWARD THE APPLICATIONS, THE MANAGER’S RECOMMENDATION AND THE COMMISSIONS’ RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL OF THE APPLICATION ANTICIPATED TO BEST SERVE THE INTERESTS OF THE CITY. THE COUNCIL MAY APPROVE ONE OF THE APPLICATIONS OR DIRECT THE CITY MANAGER TO AWARD A LEASE OF THE PROPERTY BY SEALED BID. (G) GROUNDS FOR THE CITY MANAGER TO REJECT AN APPLICATION INCLUDE: (1) THE APPLICANT’S FAILURE TO PROVIDE ANY CLARIFICATION OR INFORMATION REQUIRED UNDER THIS CHAPTER; (2) THE APPLICANT’S PROPOSED DEVELOPMENT OR USE OF THE LAND IS INCONSISTENT WITH: (A) THE ZONING ORDINANCE OF THE CITY, (B) THE COMPREHENSIVE PLAN OF THE CITY, (C) THE LATEST FEDERAL AVIATION ADMINISTRATION-APPROVED AIRPORT LAYOUT PLAN FOR THE AIRPORT, (D) ANY OBLIGATION OF THE CITY UNDER THE AIRPORT SPONSOR GRANT ASSURANCES TO THE FEDERAL AVIATION ADMINISTRATION, (E) THE LATEST AIRPORT LAND USE PLAN, OR (F) A REGULATION OF THE FEDERAL AVIATION ADMINISTRATION APPLICABLE TO THE AIRPORT; 134 Ordinance No. 2998-2018 Page 7 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (3) THE APPLICANT’S PROPOSED DEVELOPMENT OR USE OF THE LAND WOULD VIOLATE A FEDERAL, STATE, OR LOCAL LAW, INCLUDING AN ORDINANCE OR REGULATION OF THE CITY; (4) THE APPLICANT’S FAILURE TO REASONABLY DEMONSTRATE THE FINANCIAL VIABILITY OF THE APPLICANT’S PROPOSED DEVELOPMENT OR OF THE BUSINESS THE APPLICANT PROPOSES TO OPERATE; (5) THE APPLICANT IS IN DEFAULT OF ANY CHARGES, FEES, RENTS, TAXES, OR OTHER SUMS DUE AND PAYABLE TO THE CITY; (6) THE APPLICANT IS IN DEFAULT OF A REQUIREMENT OF ANY LEASE OR CONTRACT WITH THE CITY; (7) THE APPLICATION IS REJECTED BY THE CITY COUNCIL IN FAVOR OF ANOTHER APPLICATION FOR THE SAME LAND UNDER SUBSECTION (F) OF THIS SECTION; (8) THE CITY COUNCIL DECIDES, UNDER SUBSECTION (F) OF THIS SECTION, TO REJECT ALL APPLICATIONS AND AWARD A LEASE OF THE LAND BY SEALED BID; AND (9) THE CITY MANAGER OR THE CITY COUNCIL DETERMINES THAT APPROVAL OF THE APPLICATION IS NOT IN THE BEST INTEREST OF THE CITY. (H) THE CITY COUNCIL MAY WAIVE PROVISIONS OF THIS CHAPTER TO LEASE PROPERTY OR INTERESTS IN REAL PROPERTY W ITH THE UNITED STATES, THE STATE OR AN ALASKA POLITICAL SUBDIVISION WHEN IN THE JUDGMENT OF THE COUNCIL IT IS ADVANTAGEOUS TO THE MUNICIPALITY TO DO SO. (ORD. 2180-2006) 21.10.080 LEASE AMENDMENT OR RENEWAL. (1) AN APPLICATION SUBMITTED BY AN EXISTING TENANT FOR AN AMENDMENT, TERM EXTENSION, OR RENEWAL OF THE TENANT’S LEASE SHALL BE SUBJECT TO THE REQUIREMENTS AND PROCEDURES OF KMC 21.10.010 THROUGH 21.10.070, EXCEPT THAT: (A) KMC 21.10.040(B)(1), (2) AND (3) SHALL NOT APPLY TO AN APPLICATION THAT DOES NOT INCLUDE A PROPOSAL TO CONSTRUCT NEW IMPROVEMENTS ON THE PREMISES; (B) KMC 21.10.040(B)(3) SHALL NOT APPLY TO AN APPLICATION THAT DOES NOT INCLUDE A PROPOSAL TO ADD, DELETE, OR ALTER A BUSINESS AUTHORIZED UNDER THE LEASE; (C) THE APPRAISAL DEPOSIT UNDER KMC 21.10.050(A)(2)(I) SHALL NOT BE REQUIRED FOR AN APPLICATION FOR A LEASE AMENDMENT THAT, IF APPROVED, WILL NOT ALTER THE SIZE OR VALUE OF THE PREMISES; AND (D) THE DEPOSITS UNDER KMC 21.10.050(A)(2)(I) AND (II) SHALL NOT BE REQUIRED FOR AN APPLICATION FOR A LEASE AMENDMENT THAT, IF APPROVED, WILL MAKE ONLY ADMINISTRATIVE CHANGES IN THE LEASE AND 135 Ordinance No. 2998-2018 Page 8 of 26 New Text Underlined; [DELETED TEXT BRACKETED] WILL NOT ALTER THE AUTHORIZED USE, SIZE, OR VALUE OF THE PREMISES OR IF THE CITY MANAGER DETERMINES THE CITY WILL NOT INCUR ANY ENGINEERING, SURVEYING OR CONSULTING COSTS. (2) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE COUNCIL MAY BY RESOLUTION GRANT A LESSEE THE CONTRACTUAL RIGHT TO A LEASE RENEWAL UPON SUCH TERMS AND CONDITIONS AS IT DETERMINES ARE IN THE BEST INTERESTS OF THE CITY. (ORDS. 2180-2006, 2227-2007) 21.10.090 LENGTH OF LEASE TERM. (A) UNLESS THE CITY DETERMINES A SHORTER LEASE TERM IS IN THE BEST INTEREST OF THE CITY, THE LENGTH OF TERM FOR A LEASE GRANTED FOR LAND WITHIN THE AIRPORT RESERVE WILL BE BASED ON THE AMOUNT OF INVESTMENT THE APPLICANT PROPOSES TO MAKE IN THE CONSTRUCTION OF NEW PERMANENT IMPROVEMENTS ON THE PREMISES DURING THE FIRST TWENTY- FOUR (24) MONTHS FOLLOWING THE BEGINNING DATE OF THE LEASE OR LEASE EXTENSION. (B) UNLESS THE CITY DETERMINES A SHORTER LEASE TERM IS IN THE BEST INTEREST OF THE CITY, THE LENGTH OF TERM FOR A LEASE RENEWAL SHALL BE BASED ON A CITY-APPROVED APPRAISAL OF THE VALUE OF THE PERMANENT IMPROVEMENTS ON THE PROPERTY AS SET FORTH IN THE TABLE IN SUBSECTION (D)(1) OF THIS SECTION. THE APPRAISAL SHALL BE PERFORMED BY AN INDEPENDENT APPRAISER CERTIFIED UNDER ALASKA STATUTE 8.87 WITH EXPERIENCE APPRAISING AIRPORT IMPROVEMENTS. THE APPRAISAL SHALL BE PAID FOR BY THE LESSEE. (C) IF THE APPLICANT PROPOSES TO MAKE LESS THAN ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN NEW PERMANENT IMPROVEMENTS ON THE PREMISES, THE MAXIMUM TERM OF A NEW LEASE SHALL BE FIVE (5) YEARS. (D) IF THE APPLICANT PROPOSES TO INVEST ONE HUNDRED THOUSAND DOLLARS ($100,000.00) OR MORE IN NEW PERMANENT IMPROVEMENTS ON THE PREMISES: (1) THE MAXIMUM TERM OF A NEW LEASE OR A RENEWAL OF AN EXPIRING LEASE SHALL BE DETERMINED ACCORDING TO THE FOLLOWING TABLE: APPLICANT’S INVESTMENT/VALUE (IN U.S. DOLLARS) IS AT LEAST MAXIMUM TERM OF YEARS LESS THAN $100,000 5 $100,000—$199,000 15 $200,000—$299,000 20 $300,000—$399,000 25 $400,000—$500,000 30 MORE THAN $500,000 35 136 Ordinance No. 2998-2018 Page 9 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (2) THE MAXIMUM TERM EXTENSION FOR AN EXISTING LEASE SHALL BE ONE (1) YEAR FOR EACH TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) OF ADDITIONAL INVESTMENT, PROVIDED THAT THE TOTAL OF THE REMAINING LEASE TERM AND THE EXTENSION SHALL NOT EXCEED THIRTY-FIVE (35) YEARS. (3) A BONA FIDE THIRD PARTY PURCHASER OF AIRPORT IMPROVEMENTS MAY GET AN EXTENSION FOR AN EXISTING LEASE ACQUIRED WITH IMPROVEMENTS BASED ON A CITY-APPROVED APPRAISAL OF THE IMPROVEMENTS PURCHASED. UNLESS THE CITY DETERMINES A SHORTER LEASE TERM IS IN THE BEST INTEREST OF THE CITY, THE EXTENSION SHALL BE BASED ON THE TABLE IN SUBSECTION (D)(1) OF THIS SECTION PROVIDED NO EXTENSION SHALL EXTEND A LEASE TERM PAST THIRTY-FIVE (35) YEARS. THE APPRAISAL SHALL BE PERFORMED BY AN INDEPENDENT APPRAISER CERTIFIED UNDER. ALASKA STATUTE 8.87 WITH EXPERIENCE APPRAISING AIRPORT IMPROVEMENTS. THE APPRAISAL SHALL BE PAID FOR BY THE LESSEE. (E) IN THE LEASE GRANTED TO THE APPLICANT, THE CITY MANAGER WILL INCLUDE A PROVISION REQUIRING THE APPLICANT TO SUBSTANTIALLY COMPLETE THE PROPOSED PERMANENT IMPROVEMENTS WITHIN A REASONABLE PERIOD OF TIME, CONSIDERING THE COST AND NATURE OF THE IMPROVEMENTS. PROVIDED HOWEVER, THAT THE TIME ALLOWED SHALL NOT ORDINARILY EXCEED TWENTY-FOUR (24) MONTHS AFTER THE EFFECTIVE DATE OF THE LEASE. (F) IN THE LEASE EXTENSION GRANTED TO THE APPLICANT, THE CITY MANAGER WILL INCLUDE A PROVISION REQUIRING THE APPLICANT TO COMPLETE THE ADDITIONAL PROPOSED PERMANENT IMPROVEMENTS WITHIN A REASONABLE TIME PERIOD, CONSIDERING THE COST AND NATURE OF THE IMPROVEMENTS PROVIDED THAT THE TIME PERIOD SHALL NOT ORDINARILY EXCEED TWENTY- FOUR (24) MONTHS AFTER THE EFFECTIVE DATE OF THE LEASE EXTENSION. (G) THE CITY MANAGER WILL INCLUDE A PROVISION IN A LEASE OR LEASE EXTENSION REQUIRING THE LESSEE TO PROVIDE A PERFORMANCE BOND, DEPOSIT, PERSONAL GUARANTEE, OR OTHER SECURITY IF THE MANAGER DETERMINES SECURITY IS NECESSARY OR PRUDENT TO ENSURE THE APPLICANT’S COMPLETION OF THE PERMANENT IMPROVEMENTS WITHIN THE TIME PERIOD SET UNDER SUBSECTIONS (E) OR (F) OF THIS SECTION. THE CITY MANAGER WILL DETERMINE THE FORM AND AMOUNT OF THE SECURITY ACCORDING TO THE BEST INTEREST OF THE CITY, CONSIDERING THE NATURE AND SCOPE OF THE PROPOSED IMPROVEMENTS AND THE FINANCIAL RESPONSIBILITY OF THE APPLICANT. (H) THE APPLICANT SHALL, WITHIN THIRTY (30) DAYS AFTER COMPLETION OF THE PERMANENT IMPROVEMENTS, SUBMIT TO THE CITY MANAGER WRITTEN DOCUMENTATION THAT THE IMPROVEMENTS HAVE BEEN COMPLETED AS REQUIRED UNDER SUBSECTION (E) OR (F) OF THIS SECTION. 137 Ordinance No. 2998-2018 Page 10 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (I) IF THE APPLICANT SHOWS GOOD CAUSE TO THE CITY MANAGER, AND THE MANAGER DETERMINES THE ACTION IS NOT INCONSISTENT WITH THE CITY’S BEST INTEREST, THE MANAGER MAY GRANT AN EXTENSION THAT IS SUFFICIENT TO ALLOW FOR THE COMPLETION OF THE PERMANENT IMPROVEMENTS OR FOR SUBMISSION OF DOCUMENTATION THAT THE PERMANENT IMPROVEMENTS HAVE BEEN COMPLETED UNDER THIS SECTION. NO EXTENSION OR COMBINATION OF EXTENSIONS GRANTED WILL EXCEED TWELVE (12) MONTHS. (J) IF, WITHIN THE TIME REQUIRED UNDER SUBSECTION (E) OR (F) OF THIS SECTION, INCLUDING ANY EXTENSION GRANTED UNDER SUBSECTION (I) OF THIS SECTION, THE APPLICANT FAILS TO COMPLETE THE REQUIRED PERMANENT IMPROVEMENTS, THE CITY MANAGER WILL EXECUTE THE FORFEITURE OF THE PERFORMANCE BOND, DEPOSIT, PERSONAL GUARANTEE, OR OTHER SECURITY POSTED BY THE APPLICANT UNDER SUBSECTION (G) OF THIS SECTION TO THE EXTENT NECESSARY TO REIMBURSE THE CITY FOR ALL COSTS AND DAMAGES, INCLUDING ADMINISTRATIVE AND LEGAL COSTS, ARISING FROM THE APPLICANT’S FAILURE TO COMPLETE THE REQUIRED IMPROVEMENTS, AND INITIATE CANCELLATION OF THE LEASE OR REDUCE THE TERM OF THE LEASE TO A PERIOD CONSISTENT WITH THE PORTION OF THE IMPROVEMENTS SUBSTANTIALLY COMPLETED IN A TIMELY MANNER ACCORDING TO THE BEST INTERESTS OF THE CITY. (K) THE CITY MANAGER SHALL REVIEW RATES, CHARGES AND THE INVESTMENT/VALUE IN THE CHAPTER EVERY FIVE (5) YEARS TO SEE IF ADJUSTMENTS SHOULD BE MADE. (L) WHEN USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS GIVEN: (1) “EXPIRING LEASE” MEANS A LEASE WITH LESS THAN ONE (1) YEAR OF TERM REMAINING; (2) “EXISTING LEASE” MEANS A LEASE WITH AT LEAST ONE (1) YEAR OF TERM REMAINING; (3) “PERMANENT IMPROVEMENT” MEANS A FIXED ADDITION OR CHANGE TO LAND THAT IS NOT TEMPORARY OR PORTABLE; (I) “PERMANENT IMPROVEMENT” INCLUDES; (A) A BUILDING, BUILDING ADDITION, RETAINING WALL, STORAGE TANK, EARTHWORK, FILL MATERIAL, GRAVEL, AND PAVEMENT, AND (B) REMEDIATION OF CONTAMINATION FOR WHICH THE APPLICANT IS NOT RESPONSIBLE; (II) “PERMANENT IMPROVEMENT” EXCLUDES ITEMS OF ORDINARY MAINTENANCE, SUCH AS GLASS REPLACEMENT, PAINTING, ROOF REPAIRS, DOOR REPAIRS, PLUMBING REPAIRS, FLOOR COVERING REPLACEMENT, OR PAVEMENT PATCHING. (ORD. 2180-2006) 138 Ordinance No. 2998-2018 Page 11 of 26 New Text Underlined; [DELETED TEXT BRACKETED] 21.10.100 RENTAL RATE DETERMINATION. (A) BEGINNING IN 2007 AND AT INTERVALS OF APPROXIMATELY FIVE (5) YEARS THEREAFTER, THE CITY MANAGER SHALL RETAIN THE SERVICES OF AN INDEPENDENT, QUALIFIED REAL ESTATE APPRAISER CERTIFIED UNDER ALASKA STATUTE 8.87 TO DETERMINE A ZONE-BASED SQUARE FOOT LEASE RATE FOR ALL LAND WITHIN THE AIRPORT RESERVE THAT IS UNDER LEASE OR AVAILABLE FOR LEASE BASED ON THE FAIR MARKET VALUE OF THE PROPERTY AND THE APPROPRIATE MARKET LEASE RATE FOR PROPERTY WITHIN THE AIRPORT RESERVE. LEASE APPLICATIONS FILED AFTER THE EFFECTIVE DATE OF THIS CHAPTER BUT PRIOR TO COMPLETION OF THE INITIAL LEASE RATE DETERMINATION SHALL HAVE A RENTAL RATE OF EIGHT PERCENT (8%) OF FAIR MARKET VALUE UNTIL THE FIRST JUNE 30 AFTER THE ZONE-BASED SQUARE FOOT LEASE RATE IS ESTABLISHED UNDER THIS SUBSECTION, AFTER WHICH THE LEASE RATE SHALL BE AS ESTABLISHED IN THE ZONE-BASE SQUARE FOOT METHOD DESCRIBED ABOVE. (B) FOLLOWING THE DATE ON WHICH THE CITY MANAGER ACCEPTS THE DETERMINATIONS MADE UNDER SUBSECTION (A) OF THIS SECTION, THE MANAGER SHALL ESTABLISH RENTAL AMOUNTS FOR LEASES AS FOLLOWS: (1) FOR EACH NEW LEASE GRANTED BY THE CITY UNDER THIS CHAPTER, THE RENTAL SHALL BE AS DETERMINED UNDER SUBSECTION(A) OF THIS SECTION; AND (2) FOR LEASES IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS CHAPTER, THE LEASE RATE SHALL BE DETERMINED AS PROVIDED IN THE LEASE. (C) UNDER THIS SECTION, WHEN DETERMINING THE FAIR MARKET VALUE OF THE PREMISES OF AN EXISTING LEASE, AN APPRAISER SHALL APPRAISE THE PROPERTY: (1) IN ITS CONDITION AS OF THE INCEPTION OF THE LEASE; (2) PLUS ANY IMPROVEMENTS OR AMENITIES SUBSEQUENTLY PROVIDED BY THE CITY; BUT (3) EXCLUDING ANY IMPROVEMENTS OR AMENITIES PROVIDED BY THE CITY UNDER KMC 21.10.110, IF LESSEE HAS REIMBURSED THE CITY, OR ENTERED INTO AN AGREEMENT TO REIMBURSE THE CITY, FOR THE COST OF THE IMPROVEMENTS OR AMENITIES. (ORD. 2180-2006) 21.10.110 REIMBURSEMENT FOR CITY-CONSTRUCTED IMPROVEMENTS. (A) THE CITY MANAGER MAY INCLUDE IN A LEASE A REQUIREMENT FOR THE LESSEE TO REIMBURSE THE CITY FOR THE CITY’S COST OF: (1) LAND CLEARING, GRAVEL FILL, UTILITY EXTENSIONS AND OTHER IMPROVEMENTS OR AMENITIES ON OR IN DIRECT CONNECTION WITH THE PREMISES, CONSTRUCTED BY THE CITY PRIOR TO THE EFFECTIVE DATE OF THE LEASE; OR 139 Ordinance No. 2998-2018 Page 12 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (2) LAND CLEARING, GRAVEL FILL, UTILITY EXTENSIONS AND OTHER IMPROVEMENTS OR AMENITIES ON OR IN DIRECT CONNECTION WITH THE PREMISES, WHICH THE CITY AGREES TO CONSTRUCT AS A CONDITION OF THE LEASE, SUBJECT TO CITY COUNCIL APPROVAL. (B) THE LESSEE SHALL REIMBURSE THE CITY FOR THE CITY’S COST OF CONSTRUCTING THE IMPROVEMENTS IN TEN (10) EQUAL ANNUAL PAYMENTS, PLUS INTEREST AT EIGHT PERCENT (8%) PER YEAR ON THE UNPAID BALANCE OR UNDER SUCH TERMS AND CONDITIONS AS THE COUNCIL MAY SET BY RESOLUTION. IF THE LEASE IS FOR LESS THAN TEN (10) YEARS, THE RE-PAYMENT SCHEDULE MAY NOT BE LONGER THAN THE TERM OF THE LEASE. THE LESSEE MAY PAY THE ENTIRE REMAINING BALANCE TO THE CITY AT ANY TIME DURING THE TERM OF THE LEASE. (ORDS. 2180-2006, 2355-2008) 21.10.120 LEASE UTILIZATION. LEASED LANDS SHALL BE UTILIZED FOR PURPOSES WITHIN THE SCOPE OF THE APPLICATION, THE TERMS OF THE LEASE AND IN CONFORMITY WITH THE ORDINANCES OF THE CITY, AND IN SUBSTANTIAL CONFORMITY WITH THE COMPREHENSIVE PLAN AND AIRPORT MASTER PLAN. UTILIZATION OR DEVELOPMENT FOR OTHER THAN THE ALLOWED USES SHALL CONSTITUTE A VIOLATION OF THE LEASE AND SUBJECT THE LEASE TO CANCELLATION AT ANY TIME. FAILURE TO SUBSTANTIALLY COMPLETE THE DEVELOPMENT PLAN FOR THE LAND SHALL CONSTITUTE GROUNDS FOR CANCELLATION. (ORD. 2180-2006) 21.10.130 BIDDING PROCEDURE. WITH THE APPROVAL OF THE CITY COUNCIL, THE CITY MANAGER MAY DESIGNATE A SPECIFIC LOT OR LOTS TO BE LEASED THROUGH COMPETITIVE SEALED BID. IN A SEALED BID OFFERING, THE CITY MANAGER SHALL AWARD THE LEASE TO THE QUALIFIED BIDDER THAT OFFERS THE HIGHEST ONE (1) TIME PREMIUM PAYMENT, IN ADDITION TO THE LEASE RENT ESTABLISHED UNDER THIS CHAPTER. PROVIDED HOWEVER, THAT HIGH BIDDER AND THE BIDDER’S LEASE PROPOSAL SHALL BE SUBJECT TO ALL PROVISIONS OF LEASE APPLICATION REVIEW AND APPROVAL UNDER THIS CHAPTER. (ORD. 2180-2006) 21.10.140 LEASE EXECUTION. WHEN ISSUING A LEASE TO AN APPLICANT, THE CITY MANAGER SHALL HAND DELIVER OR MAIL THE DOCUMENT TO THE APPLICANT. THE APPLICANT SHALL HAVE THIRTY (30) DAYS FROM THE DATE ON WHICH THE LEASE IS HAND DELIVERED TO THE APPLICANT OR DEPOSITED IN THE U.S. MAIL WITHIN WHICH TO EXECUTE AND RETURN THE LEASE TO THE CITY MANAGER. IF THE APPLICANT SHOWS GOOD CAUSE TO THE CITY MANAGER, AND THE MANAGER DETERMINES THE ACTION IS NOT INCONSISTENT WITH THE CITY’S BEST INTEREST, THE MANAGER WILL GRANT AN EXTENSION NOT EXCEEDING THIRTY (30) DAYS FOR THE APPLICANT TO EXECUTE AND RETURN THE LEASE. UPON THE FAILURE OF THE APPLICANT TO TIMELY EXECUTE AND RETURN THE 140 Ordinance No. 2998-2018 Page 13 of 26 New Text Underlined; [DELETED TEXT BRACKETED] LEASE AGREEMENT, THE CITY MANAGER SHALL WITHDRAW THE OFFER OF THE LEASE IN WRITING. (ORD. 2180-2006) 21.10.150 FORM OF LEASE. (A) WHEN LEASING LAND UNDER THIS CHAPTER, THE CITY MANAGER SHALL USE A STANDARD LEASE FORM THAT IS: (1) DRAFTED TO: (I) PROVIDE A REASONABLE BASIS FOR THE LESSEE’S USE OF THE PREMISES, (II) FOSTER THE SAFE, EFFECTIVE, AND EFFICIENT OPERATION OF THE AIRPORT, (III) CONFORM WITH THE APPLICABLE REQUIREMENTS OF THE KMC, INCLUDING THIS CHAPTER, ALASKA STATUTES, FEDERAL AVIATION ADMINISTRATION REGULATIONS, AND OTHER APPLICABLE FEDERAL LAW, AND (IV) PROVIDE FOR THE BEST INTEREST OF THE CITY. (2) APPROVED AS TO FORM BY THE CITY ATTORNEY; AND (3) ADOPTED BY RESOLUTION OF THE CITY COUNCIL. (B) THE CITY MANAGER MAY ENTER INTO A LAND LEASE THAT DEVIATES FROM THE STANDARD FORM ADOPTED UNDER SUBSECTION (A) OF THIS SECTION, IF: (1) THE MANAGER BELIEVES THE ACTION IS IN THE BEST INTEREST OF THE CITY; (2) THE LEASE IS APPROVED AS TO FORM BY THE CITY ATTORNEY; AND (3) THE LEASE IS APPROVED BY RESOLUTION OF THE CITY COUNCIL. (ORD. 2180-2006) 21.10.160 RE-EVALUATION OF RENT. (A) BEGINNING IN 2007 AND EVERY FIVE (5) YEARS THEREAFTER, THE CITY MANAGER SHALL INCREASE OR DECREASE THE RENT CHARGED IN THE LEASE TO THE AMOUNT DETERMINED UNDER KMC 21.10.100. (B) THE CITY MANAGER SHALL CHANGE THE RENT IN A LEASE BY GIVING THE LESSEE WRITTEN NOTICE AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE EFFECTIVE DATE OF THE CHANGE. (C) THE “FAIR MARKET VALUE” OF THE PREMISES SHALL BE EQUAL TO THE THEN- FAIR MARKET RATE FOR SIMILAR COMMERCIAL PROPERTY IN THE CITY OF KENAI, ALASKA (THE “RELEVANT AREA”). CITY SHALL GIVE NOTICE TO LESSEE OF CITY’S ESTIMATION OF THE FAIR MARKET VALUE NOT LATER THAN THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE THEN-APPLICABLE FIVE (5) YEAR PERIOD, AS EVIDENCED AND SUPPORTED BY THE ZONE-BASE SQUARE FOOT LEASE RATE APPRAISAL DONE UNDER KMC 21.10.100(A). IF LESSEE DISAGREES WITH SUCH 141 Ordinance No. 2998-2018 Page 14 of 26 New Text Underlined; [DELETED TEXT BRACKETED] ESTIMATE, IT SHALL ADVISE THE CITY IN WRITING THEREOF WITHIN NINETY (90) DAYS OF LESSEE’S RECEIPT OF SUCH ESTIMATE, AS EVIDENCED AND SUPPORTED BY THE WRITTEN OPINION OF A REAL ESTATE APPRAISER CERTIFIED UNDER ALASKA STATUTE 8.87 WITH EXPERIENCE IN APPRAISING AIRPORT PROPERTY (SELECTED AND PAID FOR BY LESSEE) FAMILIAR WITH THE RELEVANT AREA (THE “SECOND APPRAISER”). THE PARTIES SHALL PROMPTLY MEET TO ATTEMPT TO RESOLVE THEIR DIFFERENCES BETWEEN THE FIRST APPRAISER AND THE SECOND APPRAISER CONCERNING THE FAIR MARKET VALUE OF THE PREMISES. IF CITY AND LESSEE CANNOT AGREE UPON SUCH VALUE THEN, WITH ALL DELIBERATE SPEED, THEY SHALL DIRECT THE FIRST APPRAISER AND THE SECOND APPRAISER TO EXPEDITIOUSLY AND MUTUALLY SELECT A THIRD QUALIFIED REAL ESTATE APPRAISER CERTIFIED UNDER ALASKA STATUTE 8.87 WITH EXPERIENCE IN APPRAISING AIRPORT PROPERTY (SELECTED AND PAID FOR JOINTLY BY THE PARTIES) FAMILIAR WITH THE RELEVANT AREA (THE “THIRD APPRAISER”). WITHIN THIRTY (30) DAYS AFTER THE THIRD APPRAISER HAS BEEN APPOINTED, THE THIRD APPRAISER SHALL DECIDE WHICH OF THE TWO (2) RESPECTIVE APPRAISALS FROM THE FIRST APPRAISER AND THE SECOND APPRAISER MOST CLOSELY REFLECTS THE FAIR MARKET VALUE OF THE PREMISES. THE FAIR MARKET VALUE OF THE PREMISES SHALL IRREBUTTABLY BE PRESUMED TO BE THE VALUE CONTAINED IN SUCH APPRAISAL SELECTED BY THE THIRD APPRAISER, AND THE RENT SHALL BE REDETERMINED BASED ON SUCH VALUE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, RENT SHALL CONTINUE TO BE PAID AT THE THEN-APPLICABLE RATE UNTIL ANY SUCH NEW RENTAL RATE IS ESTABLISHED, AND LESSEE AND CITY SHALL PROMPTLY PAY OR REFUND, AS THE CASE MAY BE, ANY VARIANCE IN THE RENT, WITHOUT INTEREST THEREON ACCRUING TO THE EXTENT TO BE PAID/REFUNDED IN A TIMELY FASHION. (ORD. 2180-2006) 21.10.170 ANNUAL MINIMUM RENTAL. (A) ANNUAL MINIMUM RENTALS SHALL BE COMPUTED FROM THE APPROVED APPRAISED MARKET VALUE UTILIZING THE METHOD AS DESCRIBED IN KMC 21.10.100, 21.10.110, AND 21.10.160. (B) UPON EXECUTION OF THE LEASE, THE LANDS BECOME TAXABLE TO THE EXTENT OF ITS LEASEHOLD INTEREST AND LESSEE SHALL PAY ALL REAL PROPERTY TAXES LEVIED UPON SUCH LEASEHOLD INTEREST IN THESE LANDS, AND SHALL PAY ANY SPECIAL ASSESSMENTS AND TAXES AS IF HE OR SHE WERE THE OWNER OF THE LAND. (C) RENT SHALL BE PAID ANNUALLY IN ADVANCE. THE PAYMENTS SHALL BE PRORATED TO CONFORM TO THE CITY OF KENAI’S FISCAL YEAR BEGINNING JULY 1 AND ENDING JUNE 30. IF THE EQUIVALENT MONTHLY PAYMENT EXCEEDS TWO HUNDRED DOLLARS ($200.00), THEN THE LESSEE SHALL HAVE THE OPTION OF MAKING PAYMENTS ON A MONTHLY BASIS. (D) LESSEE SHALL BE RESPONSIBLE FOR ALL SALES TAXES APPLICABLE TO ITS OPERATIONS OR DUE ON PAYMENTS UNDER THE LEASE. (ORD. 2180-2006) 142 Ordinance No. 2998-2018 Page 15 of 26 New Text Underlined; [DELETED TEXT BRACKETED] 21.10.180 USE PERMITS. SUBJECT TO THE APPROVAL BY THE CITY COUNCIL OF THE TERMS AND RENT, THE CITY MANAGER MAY, WITHOUT SUBJECTING THE PROPERTY TO APPRAISAL OR COMPETITIVE PROCESS, GRANT A PERMIT FOR THE TEMPORARY USE OF REAL PROPERTY OWNED BY THE CITY FOR A PERIOD NOT TO EXCEED ONE (1) YEAR AND FOR ANY PURPOSE NOT IN CONFLICT WITH THE ZONING OF THE LAND. (ORD. 2180- 2006) 21.10.190 ACQUISITION OF REAL PROPERTY. (A) THE CITY, BY AUTHORIZATION OF THE CITY COUNCIL, EXPRESSED IN A RESOLUTION FOR SUCH PURPOSE, MAY PURCHASE, ACQUIRE AN INTEREST IN OR LEASE REAL PROPERTY NEEDED FOR A PUBLIC USE WITHIN THE AIRPORT RESERVE ON SUCH TERMS AND CONDITIONS AS THE COUNCIL SHALL DETERMINE, BUT NO PURCHASE SHALL BE MADE UNTIL A QUALIFIED APPRAISER HAS APPRAISED THE PROPERTY AND GIVEN THE COUNCIL AN INDEPENDENT OPINION AS TO THE FULL AND TRUE VALUE THEREOF; (B) BECAUSE OF THE UNIQUE VALUE OF REAL PROPERTY, THE CITY NEED NOT ACQUIRE OR LEASE REAL PROPERTY BY COMPETITIVE BIDDING. (ORD. 2180-2006)] Chapter 21.10 LEASING AND ACQUISITION OF AIRPORT RESERVE LANDS 21.10.010 Lease of Airport Reserve Land. (a) This chapter applies to City-owned land within the Airport Reserve. (b) The provisions of this chapter shall not alter or amend the terms, obligations or rights granted under leases existing prior to the effective date of this chapter. 21.10.015 Definitions. When used in this Chapter, the following terms shall have the meaning given below: (a) “Aeronautical Use” means any use land within the Airport Reserve that involves, makes possible, or is required for the operation of aircraft or that contributes to or is required for the safety of such operations. It includes, but is not limited to: Air taxi and charter operations; Scheduled or nonscheduled air carrier services; Pilot training; Aircraft rental and sightseeing; Aerial photography; Crop dusting; Aerial advertising and surveying; Aircraft sales and service; Aircraft storage; Sale of aviation petroleum products; Repair and maintenance of aircraft; Sale of aircraft parts; Parachute activities; Ultralight activities; Sport pilot activities; and Military flight operations. (b) “Airport Market Analysis” means an analysis that is conducted by a qualified general real estate appraiser and determines the gross changes that have occurred in the local market since the previous airport-wide appraisal as well as conducting a Lease Rate Analysis. (c) “Airport Reserve” means the City-owned land reserved from sale and designated under KMC 21.05.010 and 21.05.020. (d) “Annual Rent” means an amount paid to the City annually according to the terms of the lease. (e) “City” means the City of Kenai, its elected officials, officers, employees or agents. (f) “Consumer Price Index (CPI)” means the CPI for all Urban Consumers (CPI-U) for Anchorage, Alaska 143 Ordinance No. 2998-2018 Page 16 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (g) “Existing Lease” means a lease with at least one (1) year of term remaining. (h) “Expiring Lease” means a lease with less than one (1) year of term remaining. (i) “Fair Market Value” means the most probable price which a property should bring in a competitive and open market as determined by a qualified independent appraiser, or the value as determined by the latest appraisal adjusted by the change in Consumer Price Index from the date of the latest appraisal. (j) “Lease Extension” means extending the term of an existing lease. (k) “Lease Rate Analysis” means an analysis of data collected from other land leases to determine whether the City’s lease rate percent reflects the market. (l) “Lease Rate Percent” means a percentage when applied to the fair market value of land will establish a rate of rent commensurate with rental rates prevalent in the local area as determined by a qualified real estate appraiser. (m) “Lease Renewal” means a new lease of property currently under lease to an existing lessee or a purchaser. (n) “Non-Aeronautical Use” means any use of airport land that is not an aeronautical use. (o) “Permanent improvement” means a fixed addition or change to land that is not temporary or portable; (1) “Permanent improvement” includes a building, building addition, retaining wall, storage tank, earthwork, fill material, gravel, and pavement, and remediation of contamination for which the applicant is not responsible. (2) “Permanent improvement” excludes items of ordinary maintenance, such as glass replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patching. (p) “Professional Estimate of the remaining useful life of the principle improvement” means an estimate of the number of remaining years that the principle improvement will be able to function in accordance with its intended purpose prepared by a Qualified Real Estate Appraiser, engineer, or architect licensed in Alaska. (q) “Qualified Independent Appraiser” means a general real estate appraiser certified by the State of Alaska under AS 08.87, with experience in appraising airport property. (r) “Site Development Materials” means materials used for preparing a lease site for building construction or to provide a firm surface on which to operate a vehicle or aircraft; “Site Development Materials” include geotextile, fill, gravel, paving, utilities and pavement reinforcement materials. (s) “Site Preparation Work” means work on the leased premises to include clearing and grubbing, unclassified excavation, classified fill and back fill, a crushed aggregate base course and utility extensions. 21.10.020 Lands Available for Leasing. City-owned land within the Airport Reserve may be leased as provided in this Chapter unless: (a) The land is identified in the latest Federal Aviation Administration-approved Airport Layout Plan as being required for the operation or safety of the Airport or for the construction, preservation, future construction, or future expansion of facilities on the Airport, including: (1) Runways, runway safety areas, taxiways, aprons, water lanes, water taxiways, and other aircraft operational areas; (2) Access roads, public streets, parking lots, and other facilities for use by motor vehicles; and (3) Public terminal buildings. 144 Ordinance No. 2998-2018 Page 17 of 26 New Text Underlined; [DELETED TEXT BRACKETED] 21.10.025 Special Use Permits. Airport Reserve Land unavailable for lease may be utilized under a Special Use Permit approved by the City Council. A Special Use Permit may provide for temporary activities such as aircraft fueling, parking, loading and unloading, temporary cargo staging and handling, and maneuvering purposes. Subject to the approval by the City Council of the terms and rent, the City Manager may, without subjecting the property to appraisal or competitive process, grant a Special Use Permit for the temporary use of real property owned by the City for a period not to exceed one (1) year. 21.10.030 Qualifications of Applicants or Bidders. An applicant or bidder for a lease is qualified if the applicant or bidder: (a) Is an individual at least eighteen (18) years of age; (b) Legal entity which is authorized to conduct business under the laws of Alaska; or (c) Is acting as an agent for another and has qualified by filing with the City a proper power of attorney or a letter of authorization creating such agency. 21.10.040 Initial Lease Application. (a) All applications for lease of lands must be submitted to the City on an approved application form provided by the City. Applications will be dated on receipt and payment of the non- refundable application fee as set forth in the City’s schedule of fees adopted by the City Council. (b) The application form must include the following information: (1) The purpose of the proposed lease; (2) The use, nature, type and estimated cost of improvements to be constructed; (3) The dates construction is estimated to commence and be completed (ordinarily a maximum of two (2) years); and (4) A comprehensive description of the proposed business or activity intended. (c) Applications which propose a subdivision shall require the applicant to be responsible for all costs associated with the subdivision, including but not limited to any new appraisal, engineering services, surveying and consulting costs, unless in the sole discretion of the City Council, the City Council determines that the subdivision serves other Airport purposes. If the Council determines that other Airport purposes are served by the subdivision, the City Council may choose in its sole discretion to share in the subdivision costs with the applicant in whatever amount the City Council determines is reasonable given the benefit to the Airport. (d) Anytime during the processing of a lease application, the City may request, and the applicant must supply, any clarification or additional information that the City reasonably determines is necessary for the City to make a final decision on the application. 21.10.050 No Right of Occupancy – Application Expiration. (a) Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application. (b) The application shall expire twelve (12) months after the date the application has been made if the City and the applicant have not, by that time, entered into a lease, unless the City Council for good cause grants an extension for a period not to exceed six (6) months. 21.10.060 Lease Application Review (a) Applications shall be reviewed by City staff for: (1) Application completeness; (2) Conformance with Municipal Ordinances; 145 Ordinance No. 2998-2018 Page 18 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (3) Conformance with the Airport Layout Plan, Airport Master Plan, Federal Aviation Administration regulations applicable to the Airport, Airport Improvement Projects, Airport Sponsor Grant Assurances to the Federal Aviation Administration, and Airport regulations and operations; and, (4) Conformance with the Comprehensive Plan. (b) Based on the initial review and staff recommendation for action, if the City Manager determines the application is complete, the application shall be referred to the Airport Commission and the Planning and Zoning Commission for review and comment, together with the City Manager’s recommendation for approval or rejection. (c) Notice of applications for new leases, renewals or extensions must be published in a newspaper of general circulation within the City. The notice must contain the name of the applicant, a brief description of the land and the date upon which any competing applications must be submitted (thirty (30) days from the date of publication). (d) The recommendations of the City Manager, Airport Commission and Planning and Zoning Commission shall be brought to the City Council. The decision whether or not to lease land or authorize a lease extension or renewal rests in the sole discretion of the City Council. (e) The City Council may waive provisions of this Chapter to lease property or interests in real property with the United States, the State of Alaska or an Alaska political subdivision when in the judgment of the City Council it is advantageous to the City to do so. (f) If the applicant is in default of any charges, fees, rents, taxes, or other sums due and payable to the City or the applicant is in default of a requirement of any lease or contract with the City a lease shall not be entered into until the deficiencies are cured. 21.10.070 Application for Lease Amendment, Extension or Renewal. (a) A request from an existing lessee for a lease amendment, extension or renewal of the lease must be submitted to the City on an application form provided by the City. Applications must be complete and dated on receipt and payment of the non-refundable application fee as set forth in the City’s schedule of fees adopted by the City Council. (b) An application for an amendment must include the following information: (1) The purpose of the proposed amendment; (2) The proposed change in use or activity; and (3) A comprehensive description of the proposed business, if applicable. (c) An application for a lease extension must include the following information: (1) The use, nature, type and estimated cost of additional improvements to be constructed; (2) The dates new construction is estimated to commence and be completed (ordinarily a maximum of two (2) years). (d) An application for a lease renewal must include the following information: (1) For a lease renewal of an existing lease: (A) The use, nature, type and estimated cost of additional improvements to be constructed; (B) The dates new construction is estimated to commence and be completed (ordinarily a maximum of two (2) years). (2) For a lease renewal of an expiring lease: (A) A professional estimate of the remaining useful life of the principle improvement on the property, paid for by the applicant; or (B) A market value appraisal of the principle improvement on the property, paid for by the applicant; or 146 Ordinance No. 2998-2018 Page 19 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (C) The purchase price of improvements in a bill of sale executed by the current lessee and proposed purchaser; and (D) The use, nature, type and estimated cost of additional improvements to be constructed, if applicable. (E) The dates new construction is estimated to commence and be completed (ordinarily a maximum of two (2) years) if applicable. (e) Applications for amendment, extension or renewal shall be processed in accordance with the Lease Application Review provisions of this Chapter. The City has no obligation to amend, renew or extend a lease and may decline to do so upon making specific findings as to why a lease renewal, extension, or amendment is not in the best interest of the City. 21.10.075 Competing Applications. If another complete and otherwise approvable application for a new lease, extension or a renewal is received for the same property within thirty (30) days from the notice of application publication date by a different applicant, City staff shall process the application and forward the application, the City Manager’s recommendation and the Commissions’ recommendations to the City Council for approval of the application anticipated to best serve the interests of the City. The City Council may approve one of the applications, reject all the applications or direct the City Manager to award a lease of the property by sealed bid. An applicant for a renewal or extension may withdraw an application for a renewal or extension at any time prior to a decision by the City Council whether or not to approve such a renewal or extension. 21.10.080 Length of Lease Term. (a) The length of term for an initial lease shall be based on the amount of investment the applicant proposes to make in the construction of new permanent improvements on the premises as provided in the application. The City Council may offer a shorter lease term, if the City Council makes specific findings that a shorter lease term is in the best interest of the City. (b) The maximum term of an initial lease shall be determined according to the following Term Table: 147 Ordinance No. 2998-2018 Page 20 of 26 New Text Underlined; [DELETED TEXT BRACKETED] TERM TABLE Applicant’s Investment/Value ............ Maximum Term of Years $ 7,500… ................................................ 5 15,000 .................................................. 6 22,500 .................................................. 7 30,000 .................................................. 8 37,500 .................................................. 9 45,000 ................................................. 10 52,500 ................................................. 11 60,000 ................................................. 12 67,500 ................................................. 13 75,000 ................................................. 14 82,500 ................................................. 15 90,000 ................................................. 16 97,500 ................................................. 17 105,000 ................................................ 18 112,500 ................................................ 19 120,000 ................................................ 20 127,500 ................................................ 21 135,000 ................................................ 22 142,500 ................................................ 23 150,000 ................................................ 24 157,500 ................................................ 25 165,000 ................................................ 26 172,500 ................................................ 27 180,000 ................................................ 28 187,500 ................................................ 29 195,000 ................................................ 30 202,500 ................................................ 31 210,000 ................................................ 32 217,500 ................................................ 33 225,000 ................................................ 34 232,500 ................................................ 35 240,000 ................................................ 36 247,500 ................................................ 37 255,000 ................................................ 38 262,500 ................................................ 39 270,000 ................................................ 40 277,500 ................................................ 41 285,000 ................................................ 42 292,000 ................................................ 43 300,000 ................................................ 44 307,500 ................................................ 45 (c) The length of term for a lease extension shall be determined according to the Term Table and based on the total amount of the investment provided in the initial lease application and the estimated cost of additional permanent improvements as provided in the 148 Ordinance No. 2998-2018 Page 21 of 26 New Text Underlined; [DELETED TEXT BRACKETED] application for lease extension and provided no extension shall extend a lease term past forty-five (45) years. (d) The length of term for a lease renewal of an existing lease shall be determined according to the Term Table and based on the total amount of the investment provided in the initial lease application and the estimated cost of additional permanent improvements as provided in the application. The renewal term of an existing lease pursuant to a transaction between the current lessee and a new buyer and prospective lessee will be determined by the purchase price of permanent improvements in a bill of sale and the value of proposed additional permanent improvements, if any. The term for renewal of an existing lease cannot exceed 45 years. (e) The length of term for a lease renewal of an expiring lease shall be determined according to a professional estimate of the remaining useful life of the principle improvement on the property, paid for by the applicant or the Term Table and based on the following: (1) The purchase price of real property improvements in a bill of sale executed between the lessee and proposed purchaser; or (2) A market value appraisal of the principle improvement on the property, paid for by the applicant; and (3) The estimated cost of any additional investment the applicant proposes to make in the construction of permanent improvements on the premises as provided in the application. (4) The term for renewal of an expiring lease cannot exceed 45 years. (f) Before the City approves or extends the term of a lease, permit, concession, or other interest for any use of a premises that the City has determined in writing will be needed for airport development in the future, the City will first estimate when the premises will likely be needed for airport development. A term or a term extension for use of those premises may not run beyond the time that the City estimates the premises will become needed for airport development and is subject to further extension only to the extent that need does not arise or is otherwise satisfied or deferred by the City. (g) If the initial lease, term extension, or lease renewal granted to the applicant requires construction of permanent improvements, the lease or term extension shall be subject to the following conditions: (1) The lessee to complete the proposed permanent improvements within a reasonable period of time set by the City, considering the cost and nature of the improvements. Provided however, that the time allowed shall not ordinarily exceed twenty-four (24) months after the effective date of the lease, renewal, or extension. (2) The lessee to provide a performance bond, deposit, personal guarantee, or other security if the City Council determines security is necessary or prudent to ensure the applicant’s completion of the permanent improvements required in the lease, renewal, or extension. The City Council shall determine the form and amount of the security according to the best interest of the City, after a recommendation by the City Manager considering the nature and scope of the proposed improvements and the financial responsibility of the applicant. (3) At no expense to the City, the lessee must obtain and keep in force during the term of the lease, insurance of the type and limits required by the City for the activities on the premises. (4) Within thirty (30) days after completion of the permanent improvements, the lessee shall submit to the City written documentation that the improvements have been completed as required. The City Manager shall make a report to the City Council of completion as soon as reasonably practical. 149 Ordinance No. 2998-2018 Page 22 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (5) If the applicant shows good cause to the City Council, and the City Council determines the action is in the best interest of the City, the City Council may grant an extension of the time allowed to complete permanent improvements by Resolution that is sufficient to allow for the completion of the permanent improvements or for submission of documentation that the permanent improvements have been completed. No extension or combination of extensions granted shall exceed twelve (12) months or cause the total time allowed to complete permanent improvements to exceed thirty-six (36) months. (6) If, within the time required the applicant fails to complete the required permanent improvements the City shall: (A) If the application is for a new lease or lease renewal, execute the forfeiture of the performance bond, deposit, personal guarantee, or other security posted by the applicant under subsection (2) of this section to the extent necessary to reimburse the City for all costs and damages, including administrative and legal costs, arising from the applicant’s failure to complete the required improvements, and initiate cancellation of the lease or reduce the term of the lease to a period consistent with the portion of the improvements substantially completed in a timely manner according to the best interests of the City. (B) If the application is for a lease extension, the City shall terminate the amendment extending the term of the lease or reduce the term of the extension at the City’s sole discretion. 21.10.090 Principles and Policy of Lease Rates. (a) Annual rent shall be computed by multiplying the fair market value of the land by the lease rate percentage for each parcel inside the airport reserve. The annual rent for each parcel inside the airport reserve shall be published in the City’s schedule of fees adopted by the City Council; and (b) The City shall determine the Fair Market Value of all land within the Airport Reserve annually based on the latest appraisal conducted for the City by a qualified real estate appraiser and adjusted annually based on the rate of inflation determined by the Consumer Price Index; and (c) The City shall conduct an Airport Market Analysis once every ten (10) years to determine whether a market adjustment in either fair market value or lease rate percentage is in the best interests of the City; and (d) If the City determines from the Airport Market Analysis that a market adjustment to the lease rate percentage is in the best interests of the City, the new lease percentage shall be utilized to compute annual rents for the next fiscal year; and (e) If the Airport Market Analysis or extraordinary circumstances determine a fair market value adjustment is in the best interests of the City, the City shall retain the services of an independent, real estate appraiser certified under Alaska state statutes with experience in appraising airport property to determine the Fair Market Value of all land within the Airport Reserve and shall use these values to compute annual rents for the next fiscal year. (f) The City shall adjust the annual rent of a lease by giving the lessee written notice at least thirty (30) days in advance of the expiration of the previous adjustment period; and (g) The annual rent of any individual lease may not increase by more than 50% based on CPI in any given five (5) year time period for leases for aeronautical purposes. The annual rent may be adjusted by an Airport Market Analysis or Appraisal resulting in an increase greater than 50 % in any given five year period for all leases; and 150 Ordinance No. 2998-2018 Page 23 of 26 New Text Underlined; [DELETED TEXT BRACKETED] (h) If a lessee disagrees with the proposed change in rent, (excluding CPI determinations, which cannot be appealed) and cannot informally resolve the issue with the City the lessee must: (1) Provide notice of appeal in writing within ninety (90) days supported by the written appraisal of a qualified real estate appraiser, selected and paid for by lessee (the “Second Appraiser”); and (2) The City and the lessee shall promptly meet to attempt to resolve their differences between the First Appraiser and the Second Appraiser concerning the fair market value of the premises or lease rate percentage; and (3) If the City and lessee cannot agree upon such value then, with all deliberate speed, they shall direct the First Appraiser and the Second Appraiser to expeditiously and mutually select a third qualified real estate appraiser, paid for jointly by the parties (the “Third Appraiser”); and (4) Within thirty (30) days after the Third Appraiser has been appointed, the Third Appraiser shall decide which of the two (2) respective appraisals from the First Appraiser and the Second Appraiser most closely reflects the fair market value or lease rate percentage of the premises; and (5) The fair market value or lease rate percentage of the premises shall irrefutably be presumed to be the value contained in such appraisal selected by the Third Appraiser, and the rent shall be re-determined based on such value; and (6) Notwithstanding anything to the contrary herein, rent shall continue to be paid at the then-applicable rate until any such new rental rate is established, and lessee and the City shall promptly pay or refund, as the case may be, any variance in the rent, without interest thereon accruing to the extent to be paid/refunded in a timely fashion. 21.10.100 Temporary Development Incentives (a) The City Council may include in a lease a temporary rent incentive to encourage investment as follows: (1) A credit may be applied toward rent for a maximum of five (5) years. The credit may only include the value of site preparation work on the leased premises to include clearing and grubbing, unclassified excavation, classified fill and back fill, a crushed aggregate base course and utility extensions. (2) An estimate of the value of the work, including a scope of work, prepared by a qualified engineer licensed to work in Alaska must be provided to the City and accepted prior to work being performed. (3) Any changes to the estimate of the value of the work or scope of work must be provided to the City and accepted prior to work being performed. (4) For the credit to be applied, the approved scope of work must be completed. (5) A certification from a qualified engineer that the accepted scope of work has been completed must be provided to the City and accepted at the completion of the site preparation work. (6) Credit will be limited to original qualified engineer’s estimate unless another amount is accepted by the City in advance of work being completed. (7) Once the work is completed as proposed and the qualified engineer’s certification of completion has been received, a credit shall be applied to the lease payments, prorated as necessary for a maximum of five (5) years. 151 Ordinance No. 2998-2018 Page 24 of 26 New Text Underlined; [DELETED TEXT BRACKETED] 21.10.105 Ownership of Improvements. (a) Permanent improvements on the premises, excluding site development materials, constructed, placed, or purchased by the lessee remain the lessee’s property as long as a lease for the premises remains in effect with the lessee, including renewals, any period of extension approved by the City pursuant to the provisions of this Chapter, or any period of holdover. (b) Unless otherwise provided in a land lease or the department otherwise directs under (f) of this section, at the expiration, cancellation, or termination of a lease that is neither extended nor followed by a successive lease, the departing lessee may do one or more of the following: (1) remove lessee-owned permanent improvements from the premises, 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 90 days after the expiration, cancellation, or termination date of the lease; or (2) 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 cancellation date of the lease; (c) If the lessee does not timely remove or sell the lessee-owned permanent improvements on a premises in accordance with the requirements of this section, any remaining permanent improvements and any remaining personal property of the departing lessee will be considered permanently 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. The lessee shall, within 30 days after being billed by the City, reimburse the City for any costs reasonably incurred by the City, including legal and administrative costs, to demolish, remove, dispose, clear title to, or sell the abandoned property and to remediate and restore the premises. (d) Site development materials that a lessee completes or places on a premises become part of the City-owned realty and property of the City upon completion or placement. The lessee (1) Must maintain the site development work and site development materials throughout the term of the lease or successive lease, including any extensions and periods of holdover; and (2) May not remove the site development materials unless the City approves in writing. 21.10.110 Lease Utilization. Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease and in conformity with the ordinances of the City, and in substantial conformity with the Comprehensive Plan and Airport Master Plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time. 21.10.120 Bidding Procedure. With the approval of the City Council, the City Manager may designate a specific lot or lots to be leased through competitive sealed bid. In a sealed bid offering, the City Manager shall award the lease to the qualified bidder utilizing a procurement procedure which may consider qualitative factors in addition to the amount of any one (1) time premium payment to be paid by the successful 152 Ordinance No. 2998-2018 Page 25 of 26 New Text Underlined; [DELETED TEXT BRACKETED] bidder. Provided however, that high bidder and the bidder’s lease proposal shall be subject to all provisions of lease application review and approval under this chapter. 21.10.130 Lease Execution. When issuing a lease to an applicant, the City shall hand deliver or mail the document to the applicant. The applicant shall have sixty (60) days from the date on which the lease is hand delivered to the applicant or mailed within which to execute and return the lease to the City Manager. If the applicant shows good cause to the City Manager, and the Manager determines the action is not inconsistent with the City’s best interest, the Manager shall grant an extension not exceeding sixty (60) days for the applicant to execute and return the lease. Upon the failure of the applicant to timely execute and return the lease agreement, the City Manager shall withdraw the offer of the lease in writing. 21.10.140 Form of Lease. (a) When leasing land under this chapter, the City Manager shall use a standard lease form that is: (1) Drafted to: (A) Provide a reasonable basis for the lessee’s use of the premises, (B) Foster the safe, effective, and efficient operation of the airport, (C) Conform with the applicable requirements of the KMC, including this chapter, Alaska statutes, Federal Aviation Administration regulations, and other applicable Federal law, and (D) Provide for the best interest of the City. (2) Approved as to form by the City Attorney; and (3) Adopted by resolution of the City Council. (b) The City Manager may enter into a land lease that deviates from the standard form adopted under subsection (a) of this section, if: (1) The City Manager believes the action is in the best interest of the City; (2) The lease is approved as to form by the City Attorney; and (3) The lease is approved by resolution of the City Council. 21.10.150 Payments. (a) Upon execution of the lease, the lands become taxable to the extent of its leasehold interest and lessee shall pay all real property taxes levied upon such leasehold interest in these lands, and shall pay any special assessments and taxes as if the lessee was the owner of the land. (b) Rent shall be paid annually in advance. The payments shall be prorated to conform to the City of Kenai’s fiscal year beginning July 1 and ending June 30. The lessee shall have the option of making payments on a monthly basis. (c) Lessee shall be responsible for all sales taxes applicable to its operations or due on payments under the lease. 21.10.160 Acquisition of Real Property. The City, by authorization of the City Council, expressed in a resolution for such purpose, may purchase, acquire an interest in or lease real property needed for a public use within the airport reserve on such terms and conditions as the Council shall determine, but no purchase shall be made except for Fair Market Value as determined by an appraisal performed by a qualified real estate appraiser. 153 Ordinance No. 2998-2018 Page 26 of 26 New Text Underlined; [DELETED TEXT BRACKETED] Section 2. Leaseholders of existing leases may within two years of the effective date of this Ordinance convert their current lease to a new lease form approved by the City Council and governed by the Kenai Municipal Code enacted by this Ordinance, except that the existing lease terms will not be extended only by virtue of the lease conversion. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: Jamie Heinz, City Clerk Introduced: January 3, 2018 Enacted: January 17, 2018 Effective: February 16, 2018 154 'Vitiate (Q/t/t, tl Pa.f~ Ct'tf /Q/t/v tl rat~ II 210 FidalgoAve, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: COPY: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager FROM: Scott Bloom , City Attorney Y~ DATE: January 3, 2018 SUBJECT: Leasing of Airport Reserve Lands/Ordinance No. 2998-2018 This Ordinance is the product of an effort by City administration to develop a leasing program at the airport designed to encourage growth, development and a thriving aviation community . The City manager's office , finance department, planning department, airport administration and legal department worked closely with Steve Pavish , an airport consultant, and a team from the McDowell group throughout the process. The team received input from leaseholders, financial institutions , airport users , City commissions , and the Council. Some of the specific main goals the working group tackled included: 1. Making the leasing program more competitive with other airports to attract new leases and retain existing lease holders; 2 . Reducing large changes in rental rates from year to year; 3. Developing a process for rent increases that reduced controversy and appeals; 4 . Simplifying the application process; 5 . Standardizing the leasing process and providing transparency; and 6. Providing an exit process for leaseholders . These goals were addressed as follows: 1. Reducing development requirements , increasing the length of potential leases, allowing ownership of improvements , providing development incentives, and allowing current lessees to convert to new leases ; 2 . Establishing a process of rental increases based on a consumer price index and implementing a cap on rent increases for aviation related leases ; 3. Eliminating a zone based appraisal process on a five year cycle and moving to a market analysis approach based on a regular ten year cycle ; 155 Page 2 of 5 Subject 4. Eliminating application deposit fees, simplifying the review process and providing clear instruction; 5. Codifying expectations and opportunities, improving readability of the code, providing definitions of key terms; 6 . Providing for lessee ownership of improvements and improving/ simplifying renewal and extension provisions. If Ordinance No. 2998-2018 is enacted by the Council, the sponsors of the Ordinance will bring additional legi s lation forward appropriately revising the City's fee schedule and a new lease form for approval. This Ordinance has been scheduled for review and recommendation by the Planning and Zoning Commission on January 10, 2018 and the Airport Commission on January 11, 2018. The Ordinance repeals and re-enacts the Chapter as a whole because the proposed amendments are so numerous and sections are reorganized in a manner that makes standard line by line legislative formatting almost impossible to follow. Below is a comparative analysis between the new Chapter 21.20 proposed by Ordinance No. 2998-2018 and the existing code: • The title of the Chapter which now reads "Leasing and Acquisition of Airport Reserve Lands" was amended to include the word "acquisition" as the last section of the Chapter, section 21.10.160 provides for City acquisition of airport reserve lands. • 21.10.010-Lease of Airport Reserve Lands, is amended in the title to reflect that it applies to leasing of airport reserve lands. Section (a) is amended to reflect that the City owns the property, not the a irport independently, consistent with the deeds from the FAA that transferred the land to the City for airport purposes. Section (b) was amended to clarify that the code does not alter terms, obligations ... or rights under existing leases enacted before the effective date of the ordin ance . The prior section (c) was deleted in its entirety as conversion of e xi sting leases is addressed in the Ordinance itself (Section 2), and th e legal department's preference is not to codify provisions that are only relevant for a short time period. • 21.10.015 -Definitions, as proposed in the Ordinance is a new section organizing and providing important definitions that did not previously exist in the code. This is intended to provide transparency and clarity for all users . • 21.10.020-Land s Avai lable for Leasing, is primarily just re -worded for clarity and readability. • 21.10.025-Special Use Permits , is a new section of code addressing special use permits. Use permits were previously addressed in 21 .10.180 at the end of the Chapter. The new code sect ion provides additional details on what special use permits are intended for, such as fueling, parking , unloading , and maneuvering . Special use permits cannot exceed on e year. • 21.10.030 -Qualifications of Applicants or Bidders , is materially the same as the existing code providing for qualifications of applicants or bidders for airport reserve leases with minor housekeeping amendments. Consistent with other changes in the proposed Ordinance this section is amended to not require submission material to be provided directly to the City Manager, (power of attorney documents in this case) but instead to the "City" as lease applicatio n forms will designate what departments in the City will receive specific documents . 156 Page 3 of 5 Subject • 21.10.040 -Initial Lease Applications, addresses initial lease applications. The title is amended from the current code section to clarify that it governs only initial lease applications, as opposed to applications for renewal or extension. Subsection (a) deviates from the existing code primarily in that it removes references to the City Manager, provides for fees to be paid as provided in the City's fee schedule, does not include an initial review for comp le teness, and does not require a deposit. Providing for fees in the City's fee schedule instead of in the code allows fees to be adjusted without having to enact a code amendment. An application deposit was removed because it provides a barrier to the application process that is not necessary. Subsection (b) which governs what must be submitted in the initia l lease application requires less information than what is in the existing code. Much of the information required previously, such as conformance with various planning documents will be verified by staff during the review process. Similarly, the new section does not require verification of a business 's good financial standing at the lease application submittal stage. Subsection (c) provides guidance when a subdivision is needed for a lease. This new section provides more detail as to the process for a subdivision then what was previously included in 21.20.040. Rather than requiring a deposit for a subdivision as required in the old KMC 21.10.050, this section makes the lease applicant directly responsible for the costs of the subdivision unless the City Council chooses to share in the cost of a subdivision that has a greater benefit to the Airport. Subsection (d) puts the applicant on notice that the City can request further information or clarification on any subject as needed. • 21.10.050 -No Right of Occupancy -Application Expiration, was previously titled "filing fee and Deposit" in the existing code and addressed filing fees and application deposits . This section is no longer needed because filing fees are in the fee schedule and application deposits are not required. 21.10.050 in the proposed Ordinance addresses application expirations and occupancy rights during the application period as provided in 21.10.060 in the existing code. The differences in 21.10.050 as proposed and 21.10 .060 in the current code are re lative ly minor, with the exception that additiona l time beyond the 12 months and 6 month optional extension is not provided based on time for the applicant to sign as provided for in the new section addressing lease execution 21.10 .130. • 21.10.060-Lease Application Review , in the proposed ordinance is similar to 21 .10.070 in the existing code. The section which addresses review of lease applications has been renamed "Lease Application Review" from "Application processing procedure." Changes were made to simplify and improve clarity in the process so all parties understand what to expect. Major changes in clude: The new section does not specify who in the City reviews specifi c documents. The new section does not provide for the City Manager to be able to reject comp lete applications, but instead provide a recommendation for approval or rejecti on to the Planning and Zoning Commission and Airport Commission. The new section prov ide s for publication of le ase applications with a date provided for which any competing applications must be provided. 157 Page 4 of 5 Subject The new section provides for the leases to be brought to the City Council for approval or rejection along with the City Managers Recommendation and the Commission 's recommendations . The section maintains a waiver provision in the existing code for leases to other governmental entities. • 21.10.070 -Application for Lease Am endment, Extension or Renewal , is similar to the existing code provision 21.10 .080 "Lease amendment or renewal." This new section is much more comprehensive than the existing code and breaks each proposed action out individually. This new section makes a distinction between a renewal of a lease that only has less than one year and renewals with more term remaining. For an expiring lease, a new term can be granted based not only on additional investment, but on the estimated remaining useful life of the property, a market value appraisal or the purchase price of the improvements from a proposed purchaser. The concept is to avoid unnecessary expensive appraisals if possible , and to provide security to an existing lessee who has maintained their property. • 21.10.075 -Competing Applications , is a new section of code addressing the procedure for dealing with competing applications . This is more relevant now that all lease applications will be advertised and open to competition . This allows the City to consider better opportunities for the airport during times of renewal or extension, but also provides security to existing lessee's in that they can withdraw their application prior to any decision by Council if they feel they are in jeopardy of losing their existing rights to a new competing application. • 21.10.080 -Length of Lease Term, replaces the existing 21.10.090 addressing the length of lease terms. The new proposed terms are significantly less onerous on developers. Previously a $99 ,000 development would only provide a five year lease , under the new proposed terms a developer could get a 17 year lease for the same investment. Additionally, terms of 45 years are offered which comply with FAA requirements, while previously a 35 year lease was the most a developer could receive . A 45 year lease under the proposed table would require an investment of $307,500 , while under the old table $500 ,000 or more is required for a 35 year lease. The new term table is competitive with other airport leasing programs , whereas the prior term table was one of the most onerous in the state. The new section of code is intended to be more comprehensive and easier to follow for all parties. It specifically addresses various options for new leases , extensions and renewals. • 21.10.090 -Principles and Policy of Lease Rates , addresses lease rates in compa rison to the existing 21.10.100. Rather than basing lease rates on an appraisal completed every five years, as provided in the existing section , this new section establishes a rate and makes annual adjustments based on Anchorage CPI with a market analysis once every ten years to determine whether adjustments need to be made . This new process is intended to provide more certainty to lessees while providing a reasonable rate of return to the airport. The new process is intended to avoid large rate changes once every five years . The process allows for irregular market analysis's or even an appraisal should market conditions indicate that such an examination is warranted . Fo r example , if the LNG project happens and the market changes dramatically , the City could study the market and make necessary changes to the lease rates to reflect market conditions . There is also a cap in place for aviation related leases as allowed by the FAA (non-aviation leases are required to be at fair market value.) However, the cap only applies to CPI increases and 158 Page 5 of 5 Subject not adjustments that are made when warranted by extraordinary market cha ng es. This new section of code also provides an appeal process when a change to the rent is made by a market analysis or appraisal. A change based on CPI cannot be appealed as it is not a rate developed by the City. • 21.10.100 -Temporary Development Incentives, is a new section of code providing for temporary development ince ntives. It essentially allows the lessee to earn up to five year of lea se credits for site preparation work based on the value of the work as determined by an engineer. Similar opportunities have been offered in recent leases but are not codified . There is an existing code provision, KMC 21.10.110 that addresses the lessee paying the City for certain development costs that the City makes, but this was not carried forward in the new code, as it was not utilized and is less favorable to the City and increases costs for the lessee. • 21.10.105 -Ownership of Improvements, is a new provision which provides that ownership of improvements stays with the lessee and addresses how improvements are disposed of at the end of a lease. The procedures are modeled after the State's leasing program and have been included in the City 's most recent leases but have not been codified. Thi s is another example of lease terms that are more favorable to le ssees and make the City of Kenai 's leas ing program more competitive with other airports. • 21.10.110 -Lease Utilization , is similar to the existing code section 21.10 .120 with the same title . The new section is materially the same as the existing, except for that the last sentence of the existing section is dropped in the new section because cancellation based on failure to complete development is addressed elsewhere in code. • 21.10.120 -Biddin g Procedures, is substa nti a lly the same as what is current ly in 21 .10.130, with the exception that the new code section allows for evaluation of bids based on qualitative factors other than just price . This change allows for se lection of a project that might otherwise be in the best interest of the City or airport even if the direct financia l gain to the Airport is less . • 21.10.130 -Lease Execution , is substantially the same as the existing 21.10.140 other than the time allowed for the applicant to sign the leas is extended by 30 days, from 30 to 60, as it is coun t e rpro ductive to terminate a lease opportunity based on a matter of days if there is a willing le ssee. The time period to complete the lease process from application to executions is still subject to a one year limitation with a possible extension based on 21 .10 .050 (App licati on Expiration). • 21.10.140 -Form of Lease, is materially the same as the existing sectio n 2 1.10 .150 a nd provides guidance while allowing for flexibility in the actual le ase documents. • Existing code sect ions 21.10 .160 -Re-eva lu ation of rent , and 21.10.170 -Annual minimum rental , are deleted in the proposed Ordinance as the relevant parts of these sections are incorporated into the new 21.10.090-Principles and Policy of Lease Rates , as applicab le. Parts of 21 .10.170 are incorporated into the new 21.10.150 -Payments, addressing the ta xa bility of leasehold interests, sales ta xes and lease payment timing . • 21.10.160-Acquisition of Real Property, which provides procedures for purchasing airport reserve land is similar to existing section 21.10.190 of the existing code with the same name , other than subsection (b) of the existing code is dropped going forward as it does not appear to add any value or direction. 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: December 26, 2017 SUBJECT: Supervisory Sub-Committee Nomination Pursuant to Council Policy 2017-02, The Supervisory Sub-Committee will consist of three Councilmembers, including the Mayor, Vice Mayor, and a third Councilmember appointed by the Mayor and confirmed by the Council. The appointment of the third member shall occur at the same Council Meeting that committee and commission liaisons are appointed and confirmed. Kenai Municipal Code 1.90.010 indicates, “….At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council Members as a council liaison to any board, commission or committee.” The nomination of the third member of the Supervisory Sub-Committee was inadvertently omitted at the December 6 meeting and needs to be nominated. Your consideration is appreciated. Supervisory Sub-Committee Mayor Brian Gabriel, Vice Mayor Tim Navarre, Council Member Bob Molloy 175 176 177 KENAI HARBOR COMMISSION MEETING DECEMBER 11, 2017 – 6:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR CHRISTINE HUTCHINSON, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Commission Chair Hutchinson called the meeting to order at 6:00 p.m. Roll was confirmed as follows: Commissioners present: C. Hutchison, G. Greenberg, N. DuPerron, J. Desimone, B. Peters, M. Dunn, C. Crandall Commissioners Absent: None Staff/Council Liaison present: Public Works Assistant K. Feltman, Council Member J. Glendening A quorum was present. 2. AGENDA APPROVAL The agenda was approved as presented. MOTION: Commissioner DuPerron MOVED to approve the meeting agenda; and Commissioner Peters SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. November 6, 2017 MOTION: Commissioner DuPerron MOVED to approve the meeting summary of November 6, 2017; and Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD Jesse Bjorkman of Nikiski, owner of commercial fishing vessel, Fancy Nancy, expressed concern about the mooring situation in the Kenai River and the affect it has on the fishery. He reported that much of the river filled in with mud/silt this last year, creating dry areas in the river channel during low-tide and does not allow boats to float during that time. Bjorkman noted that it caused an unsafe situation for those fishing boats unsuspecting of running aground in areas of the river at low-tide, as it was historically a location to float. Bjorkman requested that the issue be addressed to make sure there is safe moorage for those boats in the river. 178 Harbor Commission Meeting November 6, 2017 Page 2 Bjorkman also requested better policing for dedicated moorings permitted through the Army Corps of Engineers. Bjorkman stated that dedicated moorings are being taken up by commercial fishing operations or individuals that just do not realize that those sites are permitted through the Corps of Engineers. Bjorkman further noted that this past season there was very little organization or policing of that process. Mr. Bjorkman expressed concern on the safety of the Dipnet fishery and the ability for people to participate in Dipnet boat fishery in a safe manner along with commercial fishery, and its regular operation. He emphasized that more enforcement could be used on the river to patrol the No- Wake zone in front of the City dock. He noted it was a constant safety concern and hazard for boats launching at the Dock while commercial boats are maneuvering that same water. He added that it seemed many individuals in both fisheries do not understand their rights of way and applying that process safely. He suggested a permanent enforcement at the City Dock location during summer months. The responsibility for the moorings and where those anchorages are located was asked about. Chairperson C. Hutchison noted that at the next meeting in January, the Commission will hold a work session town-hall meeting and a public meeting notice will be in the newspaper. Hutchison requested that Bjorkman attend and noted that she contacted some stakeholders to attend. It was suggested to invite the Corp of Engineers to the meeting. 5. UNFINISHED BUSINESS a. Discussion – Defining Roles & Responsibilities Commissioner DuPerron recommended to table this discussion until the next meeting. MOTION: Commissioner DuPerron MOVED to postpone the discussion of defining roles and responsibilities until the next scheduled meeting; Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. 6. NEW BUSINESS a. Discussion – FY2018 Dipnet Report The Commission reviewed and discussed the FY2018 Dipnet Report, as provided in the packet. Council Member Glendening noted that the Chamber of Commerce would be helping manage the Dipnet app for personal use fishery and should be more dynamic. It was agreed that it would be beneficial to contact Johnna Beech and request her attendance at the next meeting to provide information about the website and answer questions. It was suggested that the Parks and Recreation Director, Bob Frates or representative from the Parks and Recreations Commission to attend the next meeting to discuss the pedestrian trails, specifically the interest expressed for public access to the mouth of the Kenai River. It could possibly be of interest surrounding the topic of defining roles and responsibilities of the Harbor Commission. 179 Harbor Commission Meeting November 6, 2017 Page 3 7. REPORTS a. Public Works Director – None. b. Commission Chair – Hutchison reported that the City Clerk would develop Public Notices for the upcoming Town-Hall meeting. She noted that she would share that further and contact additional individuals requesting attendance. c. City Council Liaison –Council Member Glendening reported on the action taken at the December 6 City Council meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – January 8, 2018 B. Peters noted he would be absent at the next meeting. 9. COMMISSIONER COMMENTS/QUESTIONS Chairperson Hutchison thanked everyone for attending and reminded them to spread the word about the town hall meeting on January 8. Commission members expressed appreciation to Bjorkman for his comments and information. Council Member Glendening reported that Council Member Molloy will be the new Harbor Commission Liaison for next year. He also expressed his gratitude and encouragement to the Harbor Commission. 10. PERSONS NOT SCHEDULED TO BE HEARD – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:10 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 180 KENAI PARKS & RECREATION COMMISSION DECEMBER 7, 2017 – 7:00 PM CITY HALL COUNCIL CHAMBERS CHAIR CHARLIE STEPHENS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL The meeting was called to order at 7:00 p.m. Roll was confirmed as follows: Commissioners present: C. Stephens, J. Joanis, S. Kisena, T. Wisniewski, N. Widmayer Commissioners absent: J. Halstead Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Member J. Glendening A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Joanis MOVED to approve the agenda as presented; Commissioner W idmayer SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. November 2, 2017 MOTION: Commissioner Widmayer MOVED to approve the meeting summary of November 2, 2017 and Commissioner Joanis SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. PERSONS PRESENT NOT SCHEDULED – None. 6. UNFINISHED BUSINESS – None. 7. NEW BUSINESS a. Discussion – Pedestrian Trails Parks and Recreation Director Frates called attention to the 2011 Draft Pedestrian Trails Plan, including history of the document and provided updates for the various trail segments accomplished to date. Frates stated that considerations should be given for prioritizing the next phase of the trails. He added there is a grant opportunity through Alaska State Parks, but the next 181 Parks and Recreation Commission Meeting December 7, 2017 Page 2 cycle is approximately a year out. Several options and ideas were discussed, including trails near the Kenai Golf Course, north of Ryan’s Creek, and the drainage near Municipal Park. It was recognized that each of these areas provided opportunity for good connectivity, particularly the Municipal Park and areas near the golf course. Director Frates stated that he will incorporate these three trail segments onto a map and any others that Commissioners may have and would bring it to the next meeting for review. The Commission recommended that the Parks and Recreation Department update one of the trail maps to include connective routes utilizing pedestrian paths and the Kenai Spur Highway bike path. It was added that the Bluff Erosion Project may someday create opportunities that do not necessarily exist today. 8. REPORTS a. Parks and Recreation Director – Frates informed on the monthly activity report, specifically noting a Skate with Santa on December 16 at the Multi- purpose facility. Frates also reported on recent maintenance activities, and presented the new interpretive displays for the Bridge Access boardwalk. b. Commission Chair – None. c. City Council Liaison – Glendening reported on City Council meeting updates and current happenings. 9. NEXT MEETING ATTENDANCE NOTIFICATION – January 4, 2018 10. COMMISSION QUESTIONS & COMMENTS Commissioner Joanis inquired about timelines for the Bluff Erosion Project. It was noted that the timelines were being tentatively identified and will be tied to construction plans and funding once the project is approved by the Corps of Engineers. The Kenai Golf Course lease was mentioned and it was suggested that the City should reconsider how the lease is managed. It was noted that participation numbers are down, making it increasingly difficult to meet necessary costs, particularly with the high cost of maintenance involved. Commissioner Joanis complimented and thanked the Parks and Recreation department for the effort and hanging all the holiday decorations in town. 11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None. 12. INFORMATION a. City of Kenai Ice Schedule b. Skate with Santa – December 16 Director B. Frates noted the City of Kenai Ice Schedule and more details about the Skate with Santa were included in the packet. 182 Parks and Recreation Commission Meeting December 7, 2017 Page 3 13. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:30 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 183 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 13, 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: D. Fikes, V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer, J. Twait Staff/Council Liaison present: City Planner M. Kelley, City Clerk J. Heinz, City Attorney S. Bloom, Planning Assistant, W. Anderson, Deputy Clerk, J. Kennedy, and Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. Commissioner Springer requested the removal of the minutes from the consent agenda. 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. 184 Planning and Zoning Commission Meeting December 13, 2017 Page 2 e. *Excused Absences – Fikes. 2. *APPROVAL OF MINUTES: a. *November 8, 2017 [Clerk’s Note: The minutes were removed from the consent agenda during approval of the consent agenda.] MOTION: Commissioner Springer MOVED to approve the minutes and Commissioner Peterson SECONDED the motion. MOTION TO AMEND: Commissioner Springer MOVED to amend the minutes to change his findings in Resolution PZ 2017-33 to read he intended to vote against the conditional use permit, “due to the hardship that the use placed on the other tenants of the building and the fact that there was recreation or youth activities that were traditionally and historically allowed on the City owned properties which were located within the five-hundred foot buffer requirement,” and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Greenberg, Peterson, Askin, Halstead, Springer, Twait NAY: MOTION PASSED UNANIMOUSLY. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) Council Member Jim Glendening reintroduced Council Member Henry Knackstedt as Council Liaison to Planning & Zoning Commission. Larry Tunseth spoke in favor of the marijuana retail store noting the applicants spent hundreds of hours preparing to open the establishment; had done their due diligence and was confident in their intent to remain compliant with the regulations. Gus Linnell applauded the reconsideration of the motion; reiterated his points where the application did not comply with code, disagreeing that the use was in harmony with the Comprehensive Plan and asserting that the use was harmful to public safety, health, or welfare; added there was a conflict between the code and the land use table and suggested the use wasn’t allowed in commercial mixed use pursuant to the code. Amy Jackman spoke in favor of the Conditional Use Permit noting it was not the role of the Commission to deny a permit based on concerns of other tenants and that there was also an 185 Planning and Zoning Commission Meeting December 13, 2017 Page 3 alcohol establishment in the vicinity of the green lot to be considered. Jackman noted the type of people she had seen utilizing retail marijuana stores were employed, middle aged people, who were looking for pain relief to get off man-made opiates; also noted a vast majority were pleasant, happy, clean, well-spoken members of society and encouraged reconsideration. Cathy Hammer spoke against the Conditional Use Permit noting the bar across street couldn’t let a patron leave with a drink and give it to a minor, something that could potentially be done with the marijuana establishment; also noted the greenbelt had been used as park for years and the area had been considered for an event center. Buddy Crowder spoke in favor of the Conditional Use Permit noting the industry would bring tax dollars to the community and that he sees more problems with alcohol than marijuana. Lisa Coates spoke in favor of reconsideration noting the proposed use provided year round employment, an open storefront in a space that that was vacant. Also noted other industry operators were successful and that it would be nice for more operators to come into the City; suggested it would increase the likelihood that some would shop at neighborhood stores while they were in town; noted that Alaska was able to uniquely capitalize on the market since no outside marijuana could come into the state. Heidi Tunseth spoke in favor of the Conditional Use Permit noting she had a business management degree and was confident they would run the business well, they had done hours of research and worked with city professionals to prepare the application; had spent thousands of dollars in legal and startup expenses and their family was relying on approval of the Conditional Use Permit; suggested there had been severe misrepresentations presented at the previous meeting. Cassie Kiel reiterated she was against the Conditional Use Permit noting it was not about the applicants but that she didn’t want the business next to her store suggesting the smell would be an issue due to the drop ceilings in the building, and that her staff was mostly under 21. Ryan Tunseth spoke in favor of reconsideration asking that the application be considered on its own merits; noted some comments had been misleading or false. He noted the wall created a sealed space and his unit would have its own air handling; also noted the mechanical and plumbing were installed per code. He pointed out that the land behind the building was not a park, was called Millennium Square and when received had been zoned mixed use land; further pointed out that no youth program used the space and that an event park for adults was an idea of what the future might hold. He noted that zero property owners objected to the business and suggested that lessees should not be allowed to weigh in on the use. David Blackley spoke against the Conditional Use Permit noting his wife owned a business in Kenai and suggested that he didn’t want to see a marijuana shop on every corner in town as it was not a good image. He noted the location was a high profile location that tourists were going to see and that marijuana wasn’t going to increase the business image. 5. CONSIDERATION OF PLATS: a. Resolution No. PZ2017-36 – Original Preliminary Plat of Radar Subdivision 2017 Replat, submitted by Integrity Surveys, Inc. 820 Set Net Dr., Kenai, Alaska 99611, on behalf of 186 Planning and Zoning Commission Meeting December 13, 2017 Page 4 Lisa Coates and Johnna DeGray, P.O. Box 1686, Kenai, Alaska 99611 City Planner Kelley reviewed his staff report, which was provided in the packet, noting the Plat reconfigured smaller lots into a larger parcel and, based on his review, recommended that the plat be approved with the following conditions: • Further development of the property shall conform with all Federal, State, and local regulations; • The City Council for the City of Kenai must approve the vacation of the ten foot (10’) utility easement pursuant to Kenai Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100; • The numbering of the “Notes” section of the plat should be corrected; • Prior to issuance of the building permit, the plat of Radar Subdivision 2017 Replat must be recorded. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ2017-36 with staff recommendations and Commissioner Springer SECONDED the motion. Commission Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. It was clarified that access to the property was off Ninilchik Drive. VOTE: YEA: Greenberg, Peterson, Askin, Halstead, Springer, Twait NAY: MOTION PASSED UNANIMOUSLY. b. Resolution No. PZ2017-38 – Original Preliminary Plat of Candlelight Subdivision Hermann Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, Alaska 99622, on behalf of Rita Victoria Hermann, P.O. Box 1627, Kenai, AK 99611 City Planner Kelley reviewed his staff report, which was provided in the packet, noting the Plat reconfigured two lots into a larger parcel and, based on his review, recommended that the plat be approved with the following conditions: • Further development of the property shall conform with all Federal, State, and local regulations; • Remove the twenty-five foot (25’) building set back as delineated on the plat. MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2017-38 with staff recommendations and Commissioner Halstead SECONDED the motion. Commission Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed. 187 Planning and Zoning Commission Meeting December 13, 2017 Page 5 VOTE: YEA: Greenberg, Peterson, Askin, Halstead, Springer, Twait NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: a. Reconsideration of Resolution No. PZ2017-33 - Application for a Conditional Use Permit to operate an approximately 1,396 square-foot Retail Marijuana Store within an existing approximately 10,560 square-foot commercial building; consisting of an approximately 300 square-foot retail area, marijuana product storage area and an approximately 1,300 square-foot non-marijuana storage basement, located on the property known as 10767 Kenai Spur Highway, Space D, Lot 1-C, Spur Subdivision No. 2, KPB Parcel No. 04705106. Application submitted by: Ryan Tunseth, P.O. Box 1922, Alaska 99611. (Clerk’s Note: At the November 8th meeting, Resolution No. PZ2017-33 failed by a vote of 4 - 2. A consideration of the vote has been requested.) Commission Chair Twait passed the gavel to Commission Vice-Chair Peterson. MOTION TO RECONSIDER: Commissioner Halstead MOVED to reconsider the November 8, 2017 vote of Resolution No. PZ2017-33 and Commissioner Greenberg SECONDED the motion. Commissioner Halstead suggested further discussion of the topic was warranted for due process as the impacts and decision lingered with him for some time after the vote. Requested a vote in favor of reconsideration. VOTE ON THE RECONSIDERATION: YEA: Greenberg, Peterson, Askin, Halstead NAY: Springer MOTION PASSED. The three topics that were at issue were addressed noting the status of the adjacent property was not a park and should not be an issue, there were requirements in place that the smell not be an issue and it was up to the applicant to ensure that, and the tenant complaints were not up to the Commission to decide, but property management instead. It was also suggested that a tobacco shop or liquor store in the location would have been supported, and that marijuana should be considered similarly. Commissioner Springer noted he would be voting no again pointing out that that when the Commission was tasked with drafting regulations for marijuana in the City one regulation was that marijuana uses would be buffered from recreational youth areas and that the adjacent property 188 Planning and Zoning Commission Meeting December 13, 2017 Page 6 to the location had historically been used as recreational youth activity area and was within the buffer area; suggested that when youth used the adjacent property, there would be a code violation. Clarification was provided that the proposed location was 510.8 feet from Leif Hansen Memorial Park. Commissioner Greenberg noted his vote would still be in favor noting buffers were to proximity to parks, the use was permitted per land use table, and smell was a function of licensing; noted the application met all requirements of code. Commissioner Halstead noted in the past the adjacent property may have been used for recreational purposes, but no youth programs were currently using it and it was not specifically a park; pointed out that what used to be versus what is current shouldn’t be a consideration. Commissioner Springer pointed out that the property was not being used for recreational purposes on a regular basis but was from time to time and was concern in meeting the buffer requirement. It was noted that, on occasion, events held at the adjacent property, had had beer gardens. Gratitude was expressed for reconsideration; the open discussion was appreciated. VOTE ON THE RECONSIDERED MOTION: YEA: Greenberg, Peterson, Halstead NAY: Askin, Springer MOTION PASSED. Commission Vice-Chair Peterson noted the 15-day appeal period. Commission Vice-Chair Peterson passed the gavel back to Commission Chair Twait. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Knackstedt noted it was good to be back as the liaison to the Commission and reviewed the Action Agenda for the December 6 City Council meeting which was provided in the packet. b. Borough Planning – There was no report as Borough Commissioner Fikes was absent; it was noted the minutes from the meeting were provided in the packet. c. Administration – City Planner M. Kelley thanked those that attended the American Planning Association Conference; noted sessions he attended included sustainability and 189 Planning and Zoning Commission Meeting December 13, 2017 Page 7 smart cities; provided an update on pending and upcoming projects and advised on his being out of the office over the holiday. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: January 10, 2018 Commission Chair Twait noted he would be absent. 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Askin wished all a Merry Christmas. Commissioner Halstead welcomed Council Member Knackstedt as Council Liaison and again thanked the commissioners for discussing the Conditional Use Permit further. Commissioner Greenberg welcomed Council Member Knackstedt and thanked Council Member Glendening for being the liaison; thanked Commissioner Halstead for bringing forth the reconsideration. Commissioner Springer thanked Council Member Glendening for his service and welcomed Council Member Knackstedt back; noted he appreciated the feedback. Commissioner Peterson noted the discussion on the reconsideration was well handled; echoed other comments on farewell to Council Member Glendening and welcoming Council Member Knackstedt back. Commission Chair Twait echoed other comments on farewell to Council Member Glendening and welcoming Council Member Knackstedt back. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:27 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC City Clerk 190 'Vtff Qje a1/th a Pa.f~ Ct'tj a1/th a h.tal"e " 210 Fidalgo Ave , Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax : (907) 283-3014 www.kenai .city MEMORANDUM TO: FROM: DATE: SUBJECT: 2017 Paul Ostrander, City Manage1'\70. David Ross, Police Chief ~-~· 12/12/2017 Police & Communications Department Activity -Month of November Police handled 550 calls for service. Dispatch received 260 9-1-1 calls, 205 of which came from cell phones. Officers made 36 arrests and wrote 318 reports. Traffic enforcement resulted in 185 warnings, 17 citations for speeding, 31 citations for equipment violations, 2 citation for seatbelt violations , and 89 citations for "other." There were 6 DUI arrests (1 felony). Officers investigated 18 motor vehicle crashes. There were 3 collisions involving moose, and there were 4 involving alcohol or drugs. November training included: The KPD officer on the SERT team spent one day at training . One new officer completed the DPS academy in Sitka. One officer attended Sexual Assault Response Team (SART) training in Homer. All KPD officers participated in Active Shooter training at Kenai Middle School. Our School Resource Officer (SRO) completed the DARE program at Mountain View Elementary with approximately 80 graduates from the class. The police department initiated a 'City of Kenai Police Department' Facebook page. 10000 5000 --, -~··-· ------- Tota I Police Service Calls 911 Calls Received • 2017(Jan 1-Nov 30) • 2016(Janl -Nov 30) • 201S(Jan 1-Nov 30) 191 'tftfltlje t<J/t/z, a PaJ'~ tt'tt t<J/t/z, a Fatfl.l<'e 11 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Chief Ross JJ Hendrickson , Animal Control Chief 12/5/17 November 2017 Animal Control Monthly Report This month the Kenai Animal Shelter took in ~animals. Animal intake and di sposition: DOGS: INTAKE 27 DISPOSITION Waiver 7 Adopted Stray 19 Euthanized Impound 0 Claimed Protective Custody 1 Field Release Quarantine 0 Transferred to Rescue Other Intakes 0 Other Dispositions CATS : INTAKE 35 DISPOSITION Waiver 23 Adopted Stray 12 Euthanized Impound 0 Claimed Protective Cu stody 0 Field Release Quarantine 0 Transferred to Rescue Other Intakes 0 Other Dispositions OTHER ANIMALS : INTAKE 2 DISPOSITION Ferret 1 Ferret Goat 1 Goat DOA: 2 OTHER STATISTICS : Dog 1 Licenses (City of Kenai Dog Licenses) Cat 1 Microchips (Dog and Cat) 26 10 3 10 0 3 0 43 18 3 1 0 21 0 2 1 1 0 0 192 Page 2 of 2 Citations Animal dropped with After Hours (days we are closed but cleaning and with KPD) Volunteer Hours Logged Animals are known borough animals Field Investigations & patrol s Statistical Data: m 2015 YTD Intakes 8 2016 YTD Intakes 3 2017 YTD Intakes 193 "tlttl'tl/e «J/tlv (l Pa~~ Ct'tf «J/tlv (l rat~ II 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907 ) 283-7535 I Fax: (907) 283-3014 www. kenai. city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager p: c::::>. Sean Wedemeyer, Public Works Director/Capital Projects Manager 5 fl \v1 December 2017 Mid-Month Report; Public Works I Capital Projects • Recruitments -Recruitment for Water & Sewer operator underway. • Auction -Discussion item on this agenda . • WWTP Improvements -An amendment was executed to prepare construction documents . The improvements include installing dissolved oxygen probes, variable speed drive blowers , fine bubble diffusers , and evaluation of other potential energy saving upgrades. • Recoat Ex isting Reservoir -Substantially complete. Mitigation of punch list items in progress. • Public Safety Building Improvements -Substantially complete. Closeout in progress. • Fencing Rehab with Access Control -Design in progress. Scope includes bringing security card access to nine gates and possibly gate upgrades . • Small Ta x iways and Aircraft Tiedown Rehabilitation -Closeout in progress. Scope included rehabilitating pavements on Taxiways F, G and H and the long-term tie-down apron and addressing FAA comments on ta x iway and runway lighting as well as e x isting and new area lighting. • Terminal Building Rehab Conceptual Plan and Design -Multiple meetings have been held w ith various participants to continue to define the scope of this project. In general it will include HVAC and electrical upgrades, a new roof, better spa ce utilization , and cosmetic improvements. • 2016 Improved Airport Drainage -Closeout in process . Scope included replac ing the floatplane pond outfall gate and mitigating ponding areas that attracted wildlife. • Kenai Airport Airfield Marking and Signage 2016 -Closeout in progress. • Dock repair -Design in progress . Scope includes repairs to damage caused by the earthquake and cathodic protection to mitigate accelerated corrosion of the piling. An ordinance is in this packet to fund the project. 194 Page 2 of 2 Mid-Month Report • Flight Service Station Phase 3 (Interior remodel) -Will be bid this winter. The scope includes break-room upgrades, lockers, painting , carpet, duct and carpet cleaning . This will complete the work required by the FAA lease agreement. • Animal Control Kennel Painting -Closeout in progress . • Senior Center Dining Room Atrium Replacement and Roof Repair -Closeout in progress. • Purchase Sander Trucks -Purchase Orders have been provided to the vendors . Delivery anticipated in March 2018 . • Purchase Street Sweeper -Specifications in development. • Recreation Center Improvements -Design in progress. Scope includes replacing ageing water heaters with high efficiency heaters, HVAC improvements including replacing Roof Top Units and system upgrades, e.g. thermostat locations and flow balancing . A PO increase is included in this packet. • Recreation Center Management Agreement -Request For Proposal (RFP) documents in development. A meeting was held with the proposal review committee to discuss scoring criteria . • Ryan Creek Culvert Repair -Design in progress. This culvert crosses Frontage Road from Leif Hansen Memorial Park to the drainage that runs next to the Senior Center. • Kenai Cemetery Expansion 2018 -design proposal delivery deadline February 6, 2018. Scope includes grading and seeding, aluminum and chain link fencing, gravel road and walkways, survey monuments , and a well and related appurtenances. • USACE Bluff Erosion -See City Manager's report. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd . to Eagle Rock Dr . is reported by DOT to Bid in January 2018. City of Kenai water main replacement crossing KSH at Shotgun/Beaver Loop designed , funded , and will be bid with DOT project. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake - ADOT advises they plan to bid in November 2018, more likely 2019 .. • DOT KSH Rehabilitation (Grind and pave) MP 12 .25 to 18.52 -ADOT advises they plan to bid and construct in 2018. • DOT Beaver Loop Road and Pedestrian Pathway Project -ADOT advises construction may be possible in 2018, more likely 2019 . 195 ''(;;fl~ «1/t/e, a Po.if~ Ct~ «1/t/e, a h.twc-e 11 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai. city December 2017 -Airport Managers Report 2010 Master Plan -The ALP comments were received from th e FAA on December 7 th and are being reviewed by Administration. 2016 Fencing Rehabilitation -The project is curren tly under design for the automatic gates and the access control system. 2017 Terminal Rehabilitation Project-Design Grant-The Design team held the second meeting with the Airport tenants on December 4, 2017. Three different concepts were presented for review and comment. 2017 Snow Removal Equipment -The SRE equ ipment has been ordered and should be delivered this winter season. The new loader has a delivery date of mid-December and the new multi-purpose unit after the New Year. In-house: Airfield Operations staff have dealt with some difficult winter conditions in addition to heavy fog and a couple of snow events. Maintenance staff were very diligent in efforts to keep the runway open and available ; any cancelled flights were due to the heavy fog. Airport Administration is working with City Administration on the revision to the land leasing policy. There has been many hours spent considering the potential for economic development within the City and supporting the Airport. Administration is also preparing for the FY19 budget process. Read On the Fly Program -Airport Administration is working through the Processes and Procedures for the Read on the Fly project. The program was developed by AKontheGO.com founder and publisher Erin Kirkland in 2016 to encourage reading for children and families traveling through Alaska and airports. Erica Shinn, Administrative Assistant will be the Project Leader and Mary Jo Joyner, Librarian , has agreed to provide books. The Soldotna High School Shop has agreed to build the bookshelf and the Airport w ill provide them with the building supplies. Further information will be provided for the launch date and party!!! 196 Page 2 of 2 December 2017 DBE Outreach -Due to the Airport receiving over $250 ,000 in federal dollars for airport construction projects, the Airport must have a Disadvantaged Business Program and establish DBE goals to encourage disadvantage business enterprise participation in federal projects. In attempting to establish a DBE goal , the Airport is required to consult with minority , women 's and general contractor groups , and other community organizations to share information on the availability of disadvantaged and non- disadvantaged businesses, the effects of discrimination on opportunities for DBEs and the Airport's efforts to establish a level playing field. The Airport and Alaska Small Business Development Center will be hosting a DBE outreach event at the Kenai Public Library on Thursday, December 14, 2017. Fourth Annual Christmas Tree Decorating Contest -The tenants once again have out- done themselves with the tree decorating . The winner of the Fourth Annual Christmas Tree Decorating Contest is Budget Rent a Car. Christmas Carolers -Thank you to Mountain View Elementary students who provided 30 minutes of caroli ng on Wednesday, December 20. All enjoyed their singing! The Airport would like to wish everyone a safe and happy holiday ! 197 'Viti~ «1/th a Po.J'~ Ct~ «11'th a Fat~" 210 FidalgoAve, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kena i.city MEMORANDUM TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?O · Kathy Romain, Senior Center Director December 6, 2017 FROM: DATE: SUBJECT: November Monthly Report November 2017 Home Meals NTS Clients Meals 60+ Service Area 43 729 60+ Outside Service Area 1 35 Under 60 + Service Area Under 60+ Outside Service Area Subtotals 44 764 Total November was a very busy month at the Kenai Senior Center. Choice Clients Meals 12 473 1 35 4 201 2 48 19 757 1521 During the month, 106 volunteers donated 1, 195 hours of the ir time; 38 individuals used the Social Security Video Service; and , 1,204 congregate meals were served i n the din ing room . For our November 9 Veterans Day Celebration , the V FW Post #20 and AMVETS Post #4 Color Guard attended and opened the event and the Mountain View Elementary Choir and Student Council served the seniors lunch and performed patriotic songs. In all , 84 seniors and 37 students actively participated . The 12th Annual Area-Wide Hilcorp Senior Thank sgiving Dinner w as held on the Tuesday before Thanksgiving with 293 seniors (cong regate & home meals) served , along with 20 vol unteers. E very room in the Senior Center was filled! Mountain View Elementary Student Council was once again on hand to help serve our seniors. • The Senior Center was open on Thanksgivi ng for a potluck for seniors and their families. Dave Merrill and his family have volunteered for this e vent for many years. O ver 50 people were able to enjoy a holiday meal together. Senior Center Director Romain attended the 50 Cars for 50 Ye ars Subaru Event at Continental Subaru in Anchorage. The Kenai Senior Center was presented with a new 2018 Subaru Outback for Meals on W heels delivery. W e look forward to utilizing the new vehicle in early January. 198 'lftff ~ «1/t/z, a Pa~~ Ot'tj «1/t/z, a Fatfd'e " 210 FidalgoAve, Kenai , Alaska 99611-7794 · Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city Library Mid-Month Report November I November Circulation Figures Adu lt Fiction 1,037 Adu lt Non-Fiction 995 Young Adult Fiction 185 Periodical s 67 Ju venile F iction 410 Juvenile Non-Fi ction 235 Easy Fiction 765 Easy Non-Fiction 245 Interlibrary Loan 4 Books -Conso1tium 190 I Total Print 4,133 Internet Access iPad u se Video Room Booking Music DVDs Audio books Miscellaneous Computer Program s Media -Consortium Total Non-Print Total Ci rculation 10/17 7,541 Downloadable Audio Total Circulation 10/16 8,377 Downloadable EBooks % change -10 % In-House circulation Note that downloadable use is at 1,001 items . • Library Door Count ...... . 6,774 NOVEMBER Library Cards Issued Income ILL F ines $ 625 .04 Kasilof Xerox 5 .25 Kenai Lost/Damaged 4 8 .98 Niki ski Test Proctoring Fee 40.00 Non-Resident Printin g 460.75 Other P eninsula Other 0.00 Soldotn a Total incom e $1,180.02 Sterlin o Total 691 210 0 161 77 1,920 110 148 91 3,408 521 480 200 November 2 2 2 1 4 2 0 4 0 35 199 Page 2 of 2 Library Mid-Month Report 1 D ProgramsD I In November we had 3 volunteers who put in about 18 hours. There were 15 children's programs with 365 total in attendance, and 17 adult and family programs with 166 attendees . Attendance at programs increased b y 36% over the same month in 2016. In November we ordered 4 interlibrary loan items not availab le through the consortium and received 4 items, we returned 6 items and loaned 13 items to other libraries who are out of state or not in the consortium. 200 'Vtflate «1/tli a fa.if~ er~ «1/t/i a ratu.Pe IJ 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city December 2017 Mid-Month Report-City of Kenai Fire Department Through the month of November 2017 the Kenai Fire Department has responded to 1,322 calls for service. While the calls for service are down slightly from last year the trend l ines continues to show an overall increase in calls for service by the department s ince 2010. 2010 Calls for Service January 1st -November 30th 2011 2012 2013 2014 2015 2016 2017 The department conducted several make-up fire prevention month presentations at local schools due to cancellations due to emergency call outs by staff duri ng the scheduled October presentations. The department conducted several station tours throughout the month of November. It 's a very popular time for indoor field trips. The department hosted a Cub Scout recruitment night at the station . Of course the department part ici pated in Christma s Comes to Kenai by giving Santa a ride on our Towe r truck and we participated in the electric Light Parade . Working with the Kenai Ri ver Brown Bears hockey teams coaching staff the department conducted two days of career exploration for the players. The players toured the stat ions, talked wi th staff and participated in "hands on " training drills. 201 'Vtff~ «1/t/r, a Pail'~ Ct'tj «1/t/r, a Fat~" 210 FidalgoAve, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager '?-L:> . Robert J. Frates, Parks & Recreation Director December 27, 2017 FROM: DATE: SUBJECT: Mid-month Report A total of 122 hours of ice was rented for the month of November. This compares to 110.25 hours during this same time in 2015. Overall, the rink has been busy this season primarily due to an increase in KPHA 's bookings and the Women's Hockey (Queens) program . The department held its first "Skate with Santa" on December 15th from 1 :00-2:30 p.m. and was very successful. A big thanks to P&R staff, Mike Wesson (Santa), Kenai Senior Center and members of the KCHS hockey team for their contributions. Below represents recent tasks and activities : • A total of 33.50 hours were spent maintaining sidewalks (City Hall , Library , Visitors & Cultural Center and Chamber) since the end of November. • A Total of 2 hours were spent measuring ice at Daubenspeck Pond since the end November. Recent measurements indicate sufficient thickness to allow opening a limited portion of the pond for skating . • No Burning Pallet signs installed at North & South Beaches. • Planning and mapping out proposals for future pedestrian trails . • Skate with Santa program held on December 15th located at the MPF. • Director re v iewed RFP plans produced by Public Works for the cemetery ex pansion project. • Director met with individuals interested in Pickle Ball and representative from Boys & Girls Club on potential for future tournament. • Staff member Alex Koch spent a bulk of his hours maintaining snow around City hydrants . • Additional winter lights were installed at the Airport Triangle. • Three pole transformers (holiday decorations) were repaired by Kachemak Electric. 202 Page 2 of 3 Subject • Staff removed snow off front portion of Daubenspeck pond for outdoor skating. Hot mopping will occur over the next couple days to smooth out the ice . • Grooming at the Kenai Nordic Trails have seized unti l further notice due to lack of snow. • Staff started assembling the second bleacher and is almost complete. • Staff replaced a couple swivel wheels to the Zamboni gate at MPF and performed other maintenance tasks at the Recreation Center. • The Director coordinated with Soldotna Parks & Recreation on the 2018 f lower plug order. • Quotes were prepared and requested for the 2018 summer planting of the concrete circle planters and wooden boxes. 203 204 205 206 207 208 209 (This page was intentionally left blank) JANUARY 3, 2018 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Remove Item B.3. Dean Williams, Commissioner, Alaska Department of Corrections • Email City Manager Add to Item D.1. Ordinance No. 2992-2017 • Informational Memo & Maps City Manager Remove Item D.10. Set Board of Adjustment Hearing • Informational Memo City Clerk 1 Jamie Heinz Subject:FW: regrets and plan to meet soon Jamie Heinz, CMC City of Kenai City Clerk From: Paul Ostrander   Sent: Wednesday, January 03, 2018 3:06 PM  To: Jamie Heinz <jheinz@kenai.city>  Subject: FW: regrets and plan to meet soon    From: Williams, Dean R (DOC) [mailto:dean.williams@alaska.gov]   Sent: Wednesday, January 03, 2018 2:49 PM  To: Paul Ostrander <postrander@kenai.city>  Cc: McCloud, Shannon S (DOC) <shannon.mccloud@alaska.gov>; Zener, Michael W (DOC) <michael.zener@alaska.gov> Subject: regrets and plan to meet soon    Paul,    Please pass on my regret at missing the city council meeting this evening.  With very inclement weather in Anchorage  and a flight out of state tonight with somewhat close connections I thought it better that we reschedule.  Sorry about  that.    Can I suggest that we reschedule for the first part of February.  If possible I would like for us to visit the fish plant so  everyone can see the operation.  I think this will go a long ways to advance our conversation.  I think city council  engagement and involvement is critical before I go any further on any work camp designation.  As we start this effort  there will be questions we will need to explore together.  That’s a good thing.     If you have any questions about our history or current operations/plans I suggest that you talk to Superintendent  McCloud and PO Zener.  Both of them are better versed than me on the success of this program in the past and the  upcoming plans for this year.  Again, any work camp designation will be on hold until we explore this together.     Again, regrets for missing today and I look forward to a rescheduled visit and I would love to have interested council  members join us for a tour.    Dean      MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 3, 2018 SUBJECT: Appeal of Planning and Zoning Commission Action Approving a Conditional Use Permit to applicant, Ryan Tunseth, to Operate an Approximately 1,396 Square-Foot Retail Marijuana Store within an Existing Commercial Building, Located at 10767 Kenai Spur Highway, Suite D, Lot 1-C, Spur Subdivision No. 2. An incomplete application to appeal the above-referenced matter was received on December 27, 2017. Pursuant to KMC 14.20.290(c), the applicant has seven days from the date of mailing of the notice of rejection, to submit a corrected notice of appeal. A letter of rejection was mailed to the appellant on Friday, December 29, 2017 and it is anticipated that a corrected notice of appeal will be received by Friday, January 5, 2018. In my staff report, I will be asking the Council to consider scheduling a hearing by poll instead of at the next City Council meeting so as to not delay the process any further. The following information is provided to help in setting a Board of Adjustment hearing date: KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within forty-five (45) days of the filing of the appeal. However, should the forty-fifth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and/or applicant for the action or determination must be sent by certified mail, return receipt requested. FORTY-FIVE DAY END DATE February 20, 2018 (Tuesday after President’s Day) COUNCIL MEETING DATES (within 45-day requirement) Wednesday, January 17, 2018 Wednesday, February 7, 2018 Page 2 of 2 Board of Adjustment - McIntosh Pursuant to KMC 14.20.290 referenced above, the City is required to provide notice of the hearing at least fifteen (15) days prior to the hearing. As such, to poll the Council and comply with the notice requirements, the hearing must be scheduled no sooner than Wednesday, January 24 and no later than Tuesday, February 20, 2018. KMC 14.20.290 allows for an extension, “For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal.” The finding would be provided on all notices. SIXTY-DAY END DATE Tuesday, March 6, 2018 COUNCIL MEETING DATE(S) (within 60-day requirement) Wednesday, February 21, 2018 FRESHWATER  POTENTIAL  THREATS  RANKING  TABLE Potential Threats Across Targets Steep coastal streams Non-glacial mountain rivers Glacial rivers w/o lakes Glacial rivers w/ lakes Lowland groundwater/wetla nd-dominated systems Closed- basin lakes Clearwater connected lakes with associated streams Overall Threat Rank Project-specific threats 1 2 3 4 5 6 7 1 Injurious aquatic invasive species Low High High High High 2 Warmer climate Medium Low Medium Medium Medium Medium 3 Incompatible road development Low Medium Low Medium Low Medium 4 Residential development in riparian zone Medium Medium Medium 5 Hydro development Low Medium Low Low Low Low 6 Incompatible mining Low Low Medium Low 7 Catastrophic spill (vehicle, tank farm, pipeline) Low Medium Low 8 Urbanization/ development outside the riparian zone Low Medium Low 9 Incompatible ORV use Medium Low Threat Status for Targets and Project Low Medium Low Medium High Medium Medium Medium •Many  others  noted,  with  a  low  rank. What is it? TURBIDITY−an expression of the optical properties of a liquid that causes light rays to be scattered and absorbed rather than transmitted in straight lines through a sample. — ASTM, 2003a Wagner, R.J., Boulger, R.W., and Smith, B.A., 2005, Revised guidelines and standard procedures for continuous water-quality monitors: Station operation, record computation, and data reporting: U.S. Geological Survey Techniques and Methods, book 9, chap. B. Kenai Watershed Forum KRPGA Turbidity 3/12/09 Units of Measure • NTU (nephelomentric turbidity units) 7/19/08 Kenai Watershed Forum KRPGA Turbidity 3/12/09 State Water Quality Standards • Standards vary by designated use – Un-designated; most restrictive apply – Source drinking water standards apply • Standard relative to natural conditions – 5 NTU (drinking) 25 (fish and aquatic life) Kenai Watershed Forum KRPGA Turbidity 3/12/09 When is turbidity a “problem” • Aquatic life - ? Some references Lloyd, 1987. D.S. Lloyd, Turbidity as a water quality standard for salmonid habitats in Alaska. North American Journal of Fisheries Management 7 (1987) • Regulatory standards - ? Imprecise language - My interpretation is if 10% of samples over 3 weeks exceed it is not meeting water quality use standards as defined by the SOA Kenai Watershed Forum KRPGA Turbidity 3/12/09 Site map Cook Inlet Skilak Lake RM 23 Left Bank Upstream Monitoring site Kenai River Kenai River Soldotna Bridge Warren Ames Bridge RM 11.5 Right Bank Downstream Monitoring site Logger photos ADEC also has prepared a factsheet on Kenai River issues http://dec.alaska.gov/water/wqsar/waterbody/docs/2014-2016-ir-kenai-river-factsheet-final.pdf Early July concurrent Late July concurrent Late July concurrent Late July concurrent zoom 1 Late July concurrent Late July concurrent zoom 2 Busy Sun Mon Tues