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HomeMy WebLinkAbout2018-03-07 Council Packet KENAI CITY COUNCIL - REGULAR MEETING MARCH 07, 2018 - 6:00 PM KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., 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.Bob Frates, Parks & Recreation Director – Showcasing the New Interpretive Display Signs Created for the Wildlife Viewing Platform B.2.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. 3009-2018 – Increasing Estimated Revenues and Appropriations by $63,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. Ordinance No. 3009-2018.pdf D.2.Resolution No. 2018-13 – Awarding a Professional Services Contract for Engineering of the Kenai Cemetery Expansion 2018. Resolution No. 2018-13.pdf D.3.Resolution No. 2018-14 - Requesting the Alaska Alcohol and Marijuana Control Office/Alcoholic Beverage Control Board Expeditiously Work with the Kenai Elks Lodge #2425 to Reinstate or Renew its Liquor License and Provide Improved Public Outreach and Communication Services. Resolution No. 2018-14.pdf 1 Kenai City Council Meeting Page 2 March 07, 2018 E.MINUTES E.1.*Regular Meeting of February 7, 2018 02-07-18 Council Minutes - DRAFT.pdf E.2.*Regular Meeting of February 21, 2018 02-21-18 Council Minutes - DRAFT.pdf F.UNFINISHED BUSINESS - None. G.NEW BUSINESS G.1.*Action/Approval – Bills to be Ratified. Payments over $15,000.pdf G.2.*Action/Approval – Purchase Orders Exceeding $15,000. G.3.*Action/Approval – Non-Objection to Liquor License Transfer for: • Kenai Joe’s Kenai Joe's - Transfer of Ownership.pdf G.4.*Ordinance No. 3010-2018 - Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. Ordinance No. 3010-2018.pdf G.5.*Ordinance No. 3011-2018 – Amending Kenai Municipal Code Section 14.20.290 – Appeals – Board of Adjustment, to Amend Standing Requirements for Filing an Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing, and Making Other Housekeeping Changes. Ordinance No. 3011-2018.pdf G.6.*Ordinance No. 3012-2018 – Authorizing a Budget Transfer in the Municipal Roadway Improvements Capital Project Fund and Appropriating Funds Transferred from the Municipal Roadway Improvements Capital Project Fund in the Personal Use Fishery Capital Project Fund for Projects Identified in the City’s 2017 Personal Use Fishery Report. Ordinance No. 3012-2018.pdf H.COMMISSION/COMMITTEE REPORTS H.1.Council on Aging H.2.Airport Commission H.3.Harbor Commission H.4.Parks and Recreation Commission H.5.Planning and Zoning Commission 02-14-18 P&Z Minutes - DRAFT.pdf 2 Kenai City Council Meeting Page 3 March 07, 2018 02-28-18 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 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 Kenai Historical Society Newsletter KHS Newsletter Feb 2018.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. 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3009-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $63,850 IN THE WATER AND SEWER CAPITAL PROJECT FUND FOR PROJECTS IDENTIFIED IN THE FY2018 BUDGET. WHEREAS, the adopted FY2018 Budget included funding for two (2) Sewer Department Capital Projects; and, WHEREAS, the two (2) projected identified were: 1. Lift Station Upgrades $25,000 2. Inlet Woods Lift Station Upgrade 38,850 ; and, WHEREAS, capital project funds approved in the City’s Annual Operating Budget must be subsequently appropriated in the associated capital project fund prior to expending of funds; and, WHEREAS, adoption of this ordinance will make the funds available to the department to expend on the approved projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That estimated revenues and appropriations be increased as follows: Water & Sewer Capital Projects Fund: Increase Estimated Revenues: Transfer from Water & Sewer Fund $63,850 Increase Appropriations: Lift Station Upgrades - Construction $25,000 Inlet Woods Lift Station Upgrade – Construction 38,850 $63,850 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. 4 Ordinance No. 3009-2018 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: February 21, 2018 Enacted: March 7, 2018 Effective: March 7, 2018 5 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: February 12, 2018 SUBJECT: Ordinance No. 3009-2018 – Appropriating Sewer Department Capital Projects identified in the FY2018 Operating Budget. ____________________________________________________________________________ The FY2018 Adopted Budget included funding for two (2) Sewer Department Capital Projects. Both projects are related to lift station upgrades. The first project will provide $25,000 for general upgrades to any lift station and the second project provided $38,850 for upgrades to the lift station serving the Inlet Woods Subdivision. Projects appropriated in the City’s Operating Budget require subsequent appropriation in the appropriate capital project fund before funds can be expended. Ordinance 3009-2018 will appropriate these two projects in the Water & Sewer Capital Project Fund allowing the Sewer Department to begin utilizing the funds for the budgeted purpose. Your support is adoption of Ordinance 3009-2018 is respectfully requested. 6 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018-13 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING OF THE KENAI CEMETERY EXPANSION 2018 WHEREAS, on February 13, 2018 proposals were received from McLane Consulting, Inc., Casey Planning & Design, Larson Engineering & Design, PC, Nelson Engineering, PC, and PND Engineering, Inc. ; and, WHEREAS, Nelson Engineering, PC submitted the lowest responsive cost proposal; and, WHEREAS, award of a contract to Nelson Engineering, PC is in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the agreement to Nelson Engineering, PC for the total cost of $17,183; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to award an agreement for the project entitled “Kenai Cemetery Expansion 2018” to Nelson Engineering, PC for the cost proposal amount of $17,183.” Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of MARCH, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, City Clerk 7 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Sean Wedemeyer, Public Works Director DATE: February 23, 2018 SUBJECT: Resolution 2018-13 Awarding a Professional Services Contract for Design of the Kenai Cemetery Expansion Project ____________________________________________________________________________ The purpose of this memo is to recommend adoption of a resolution awarding a contract to design the Kenai Cemetery Expansion project. The following proposals were opened on February 13, 2018. The scope of work includes grading and seeding, aluminum and chain link fencing, gravel road and walkways, survey monuments, and a well and related appurtenances. There are sufficient funds appropriated in this project account. Firm Cost Proposal McLane Consulting, Inc. 27,155.00 Casey Planning & Design 30,991.10 Larson Engineering & Design, P.C. 19,600.00 Nelson Engineering, PC 17,183.00 PND Engineering 28,560.00 8 _____________________________________________________________________________________ Sponsored by: Council Members Tim Navarre and Jim Glendening CITY OF KENAI RESOLUTION NO. 2018-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE ALASKA ALCOHOL AND MARIJUANA CONTROL OFFICE/ ALCOHOLIC BEVERAGE CONTROL BOARD EXPEDITIOUSLY WORK WITH THE KENAI ELKS LODGE #2425 TO REINSTATE OR RENEW ITS LIQUOR LICENSE AND PROVIDE IMPROVED PUBLIC OUTREACH AND COMMUNICATION SERVICES. WHEREAS, the Kenai Elks Lodge #2425 (Kenai Elks) has been a registered non-profit in the City of Kenai since 1970; and, WHEREAS, over the last almost 50 years the Kenai Elks have provided significant monetary contributions and services to the community, including regular on-going events like academic, vocational, and technical scholarships, basketball hoop shoot contests, community wide Easter dinners and egg hunts, Safe-Haven Halloween events, student of the month stipends, Americanism Essay Contests, Veterans Day dinners, Flag Day Ceremonies at the Oilers Park, Memorial Day Services, wounded veterans support through several fishing events, support for the Pioneers of Alaska Kenai Igloo, as well as volunteer and financial support for many other community and school events; and, WHEREAS, the loss of the Kenai Elks in the City will jeopardize the viability of many of the above mentioned programs, cause job loss, and the loss of an important social venue; and, WHEREAS, the Kenai Elks utilized their best efforts as a volunteer organization to apply for reinstatement/renewal of its liquor license with the State of Alaska, at the January 13, 2018 Alcoholic Beverage Control Board Meeting and candidly respond to all request for information; and, WHEREAS, the director of the Alcohol and Marijuana Control Office recommended denial of the reinstatement or renewal despite attempts from the Kenai Elks to work with the Director to address irregularities by both parties, relied on by the Kenai Elk’s to its detriment; and, WHEREAS, the denial of the reinstatement or renewal occurred prior to the Kenai Peninsula Borough’s and City of Kenai’s issuance of a non-objection to the reinstatement or renewal on February 14 and 21, 2018 respectively, depriving the City and Borough of a meaningful opportunity to respond; and, WHEREAS, the Alcoholic Beverage Control Board only has four regular meetings a year where licenses are approved; and, WHEREAS, adding to the difficulty in working with the Alcoholic Beverage Control Board’s meeting schedule, especially for non-profit volunteer organizations, is slow response time to phone and email messages and difficulty in communicating to staff reported by licensees; and, 9 Resolution No. 2018-14 Page 2 of 2 WHEREAS, the City Council, encourages AMCO to work efficiently with licensees and municipalities, and improve outreach and communication in recognition of the limited resources many non-profit volunteer entities have, the positive impact they have on local communities and the value imparted to all agencies and licensees from cooperation and transparency. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council requests the Alcohol and Marijuana Control Office/ Alcohol Beverage Control Board work expeditiously and cooperatively with the Kenai Elks to reinstate, renew, reissue, or issue a new liquor license. Section 2. That copies of this resolution be forwarded to Governor Bill Walker, Senator Peter Micciche, Representative Mike Chenault, Representative Paul Seaton, Representative Gary Knopp, Commissioner of Commerce, Community, and Economic Development Mike Navarre, ABC Chair Bob Klein, ABC Member Rex Leath, ABC Member Robert Evans, ABC Member Thomas Manning and the AMCO Director Erika McConnell. Section 3. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7 day of March, 2018. BRIAN GABRIEL SR., MAYOR TIM NAVARRE, VICE MAYOR ROBERT MOLLOY, COUNCIL MEMBER GLENESE PETTEY, COUNCIL MEMBER JIM GLENDENING, COUNCIL MEMBER MIKE BOYLE, COUNCIL MEMBER HENRY KNACKSTEDT, COUNCIL MEMBER ATTEST: ______________________________________ Jamie Heinz, City Clerk 10 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Council Members Tim Navarre and Jim Glendening DATE: March 1, 2018 SUBJECT: Resolution No. 2018-14 - AMCO Outreach and Communication Services ______________________________________________________________________ In lieu of a Memorandum, please see the attached letter from Mary A. Jackson, dated January 26, 2018. Your consideration is appreciated. 11 Mary A. Jackson PO Box 2935 Soldotna, AK 99669 January 26, 2018 Honorable Governor Bill Walker, State of Alaska Pete Kelly, Senate President Bryce Edgmon, Speaker of the House RE: Alcohol Beverage Control Board Jan 23, 2018 Meeting Gentlemen; I flew to Juneau from Kenai to attend the referenced Board meeting on behalf of Kenai Elks Lodge #2425, where I currently serve as Chair of the Board of Directors and President of the Non-Profit Corporation. However, this letter is my opinion and should not be taken as representative of the Kenai Elks Lodge. I was at Centennial Hall at 8:30am (our issue was slated for 1pm) and the Board meeting was noticed to start at 9am. Shortly before 9am, the four members of the Board who were in Juneau went behind closed doors to a different room with three staff. The CHAR representative, Pete Hanson, asked to attend and was told no. They spent about 15-20 minutes meeting behind closed doors and then called the regular meeting to order. Obviously, I don’t know what took place there, but submit to you that any items they acted on are, in my opinion, suspect, including my issue (Tab 17). Under Tab 5, they cleared the room for an Executive Session. There is no document posted online on this, it simply says “Executive Session – Confidential”. I searched the Administrative Code did not find any reference to an Executive Session. When I sat on a City Council (note please this was 25 years ago!) we were required to say if the Executive Session was concerning personnel or litigation – both of which were deemed confidential and appropriate to an Executive Session. The Board authorized the Director to vote in the case of a tie. This is apparently authorized under 3 AAC 304.025. Conduct of board meetings. What I understand is that a member, who has a conflict of interest in an issue, is required to recuse themselves from participating. While that makes some sense, it does NOT make sense to authorize a paid employee, who is responsible for preparing and presenting recommendations to the Board, to break a tie vote. 12 Page Two (ABC Meeting of Jan 23, 2018) Should not that paid employee also recuse themselves since they have a conflict of interest in protecting their own recommendations? If so, the only time they could break a tie would be if they had NOT made a recommendation. This Board Action seems very inappropriate. The Board spent almost 20 minutes addressing an issue raised by the Enforcement Officer about signage for a “BEER PONG” event. Apparently, the sign/poster had a disclaimer at the bottom that said it was non-alcoholic beer. Staff suggestions was it should clearly state “non-alcoholic” at the top of the poster, not at the bottom in smaller print. REALLY!!! Is the State of Alaska paying people to get that far down into the weeds? The Board clarified no, we don’t need to get that meticulous with things, which I appreciated. But no one asked how much time was involved in checking into this kind of thing. It seems to me that the staff shortfalls on the licensing side could be partially addressed by removing a position from the enforcement side. They seem to have time on their hands. Under Public Comments on Items Not on the Agenda, I tried to address a Temporary Liquor License the Elks Lodge had received in the mail the day before. I was shut down, b ecause we were on Tab 17. My point was that the Temporary License was NOT shown on the agenda. It was very confusing. The Board recessed at 12:30 for lunch, saying they would be back in one hour. At 1:50pm th ey gaveled back in and my issue was up. The Director was given the opportunity to speak first and she explained that the Temporary License was in error. She spoke to her memorandum and her recommendation to not approve reinstatement and renewal. I was then invited to make a presentation. My points were that: 1 – the State had received and deposited our check for the license on December 20, 2016. We had not received a reimbursement so believed we had a license and; 2 – a reported dated May 15, 2017 was posted online and that report, titled “Currently Active Licenses” listed #368 for the Kenai Elks Lodge. We did not have the “white paper” which is the license, which we thought was an error by the State. In October, it came to our attention that the Corporation had been involuntarily dissolved because we didn’t file a bi-annual report. We immediately did that and the Corporation was reinstated on November 13, 2017. We assumed that the Corporate paperwork was holding up the “white paper”. The State asserted that they had sent letters (one to the wrong address) and an email to the Lodge and the Lodge did not respond. 13 Page Three (ABC Meeting of Jan 23, 2018) I did not dispute the State’s assertion, how would I know if they did or did not send a letter, although I pointed out then and again here, nothing was sent Certified except the initial filing (with a check for $1,400.00) by the Kenai Lodge. The Lodge Secretary said he did not receive notice from the State and I can’t dispute that. Again, none of the State’s letters were certified, including the one saying we no longer had a license. This lack of protocol is unwarranted in my opinion. The cost of a certified letter is minimal and clearly resolves whether it was or was not received or for that matter, whether it was even sent. The State asserted that a phone call was made to the Lodge on August 2, during which the Inspector allegedly said the license had expired and the Lodge needed to stop selling liquor immediately. The State did note that for some “unknown” reason, the Inspector and the Lodge Secretary did not speak. I disputed the date of the phone call, the substance of the phone call and clarif ied the “unknown” reason, which was simply that the Inspector did not return the Lodge Secretary’s call! The Lodge Secretary left a message to do so, after the recording which basically said “due to budgets cuts we are unable to answer your call and will return your call within 3-7 days”. I have no knowledge why a phone call would be placed by the State in August, some five months after a license had supposedly expired. The Board supported, on a four to one vote, the recommendations to deny the reinstatement and renewal, relying as far as I could determine, on the communication s sent from the State to the Lodge, none of which were certified. When I asked how I get my money back, I was advised by a staff member that the board had determined that reimbursements required a request for reimbursement by the submitter. I didn’t know that; if I don’t get the letter saying it wasn’t renewed, how would I know to request a reimbursement? Apparently, we will now receive a request for reimbursement form from AMCO which then needs to be completed and returned. This protocol is very strange. As more background on this issue, I offer the follo wing. On December 12, 2017, an Inspector came to the Lodge, before we were open, and said you don’t have a license. We IMMEDIATELY moved the liquor behind a locked storage area. Two members of the Lodge called AMCO and, again, got the message the “due to budget cuts we are unable to answer your call and will return your call within 3-7 days”. My husband and I were vacationing in Mexico and on December 13 started a series of emails with the state on what had occurred and what we needed to do to rectify it. Those emails are included in TAB 17. 14 Page Four (ABC Meeting of Jan 23, 2018) On December 20, at 4:22pm, the AMCO Director sent an email with paperwork for an application for renewal, which need to be submitted and reviewed by Jan. 5, 2018 for inclusion before the Board meeting. We completed the application (including 3 fingerprints), scanned and sent it back at 3pm the next day, as well as sending the hard copy (express mail) with a check for $500 late filing fee and fees to conduct background checks on three individuals. (It is puzzling why three people are now required when in previous applications only one was required to be finger printed.) On January 9, we had an email advising it was incomplete – we had left out the license number “368” on the sheet authorizing back ground checks for the three required fingerprinted officers. We had included the Treasurer on a page. I hand wrote in “368” and hand deleted the Treasurer, scanned and emailed the revisions and sent a hard copy via express mail on January 10. The reinstatement and renewal made it on the agenda, as TAB 17. The documents for that Agenda were not available online until the following day (Jan. 19). The Director’s recommendation was to NOT authorize the reinstatement and renewal. Here I am today, frustrated with several things. First and foremost is the deposit of our check for a license which was not renewed, but no reimbursement was made by the State. It’s been almost 40 years since I looked at Corbin on Contracts, but I’m pretty sure if you fail to return the money, you have a contract to provide services. It certainly is a reasonable person’s assumption. Second, I relied on information provided online, via the AMCO site, to the public sector dated May 15, 2017 and entitled Currently Active Licenses. That was the ONLY thing that came up online when I typed in “kenai elks” and hit the search button. Again, it is a reasonable person’s assumption that a report issued by the State was correct. Third, the only thing that I could see missing was the ‘white paper”. But on January 22, 2018 we did receive a “white paper” date stamped January 19, which I was told at the meeting on January 23 was in error. Clearly, if the State can issue one in “error” it could equally have NOT issued one, in error. Fourth, and last, the Kenai Elks Lodge is now restricted from a primary revenue source for at least four months. In the meantime, our fixed costs (electric, natural gas, mortgage, etc.) of around $5,000 monthly remain, at a hit of at least $20,000. We are severely limited in our ability to pay expenses as well as make contributions to our community, which were some $750,000 in volunteer time, mileage and direct cash for the past seven years. 15 Page Five (ABC Meeting of Jan 23, 2018) President Kelly and Speaker Edgmon, I understand that the sunset of the Board is before the Legislature as well as bills on Title 4. I respectfully encourage a cautious review. I also respectfully encourage obtaining a legal opinion on whether the Board is required to comply with the Open Meetings Act and whether the Board’s apparent direction to staff to NOT issue reimbursements for denied renewals unless requested by the applicant is authorized and/or in accord with standard protocols for entering into contracts, licenses or agreements. Governor Walker, I respectfully encourage a discussion with your Attorney General as to the authority for executive sessions and whether the Board is required to comply with the Open Meetings Act. I respectfully suggest reviewing the Enforcement Division of AMCO to determine if a position there can be relocated to Licensing. I respectfully suggest removing all online reports by AMCO since they are apparently unreliable. Also, I am confused as to the reporting relationship with the Director and the Board – who hires and who fires? Is the full staff of the Alcohol Division under the direction of the Board? For my part, as a ROW (retired old woman) I intend to pursue this, in the public’s interest. I have held numerous political and civic positions during my 45-year tenure in Alaska and have considerable familiarity with Boards and Commissions. I have zero expectation of relief by the State for my Lodge but believe I have a personal obligation to attend to this so other entities are not faced with the same problems. In closing, thank you for your time and effort in reading this missive and I remain, Sincerely, Mary Jackson – ROW Encl: TAB 17 from ABC Board Meeting Jan. 23, 2018 (6) pages Letter sent via USPO this date and emails this date (Governor’s sent to darwin.peterson@alaska.gov) Copies sent via email to: Senator Pete Micciche Representative Mike Chenault Representative Gary Knopp Commissioner Mike Navarre Pete Hanson, President CHAR 16 KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 7, 2018 – 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 February 7, 2018, 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: 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.6. Ordinance No. 3004-2018 • Historical and Reference Excerpts Add to Item D.10. Resolution No. 2018-06 • Memo and Revised Joint Resolution Add to Item D.7. Consent to a Non-Exclusive Easement to ACS • Map 17 City of Kenai Council Meeting Page 2 of 15 February 7, 2018 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. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Alaska Permanent Capital Management – Kenai Permanent Fund Investment Performance for 2017, Outlook for 2018, and Establishment of the 2018 Investment Allocation and Benchmarks. [Clerk’s Note: It has been requested to allow 20-25 minutes to complete this presentation.] Brandy Niclai presented a review of the status of the Permanent Fund Investments reporting overall growth. Provided a broad picture of the financial market for 2017; noted the portfolio has provided an annual average return of 8.8% since inception; provided a simulation of expected value on a ten-year horizon. B. UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS 1. Ordinance No. 2999-2018 – Increasing / (Decreasing) Estimated Revenues and Appropriations in the Airport Equipment Capital Project Fund and Authorizing Grant Amendments to Adjust Estimated Grant Proceeds as a Result of Proceeds from the Sale of Equipment Previously Purchased with Federal Aviation Administration Grant Funds. 18 City of Kenai Council Meeting Page 3 of 15 February 7, 2018 MOTION: Council Member Knackstedt MOVED to enact Ordinance 2999-2018 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3000-2018 – 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 3000-2018 and 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: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3001-2018 – Repealing and Re-Enacting Kenai Municipal Code Section 7.15.090- Sales, Surplus, Competitive Bidding to Provide Administrative Authority for the Disposal of Certain Surplus or Obsolete Supplies, Materials or Equipment. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3001-2018 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. MOTION TO AMEND: 19 City of Kenai Council Meeting Page 4 of 15 February 7, 2018 Council Member Knackstedt MOVED to amend by replacing “Librarian,” with, “Library Director,” in the three places it appeared throughout the ordinance. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. It was clarified that, “or designee,” was not necessary to go along with the City Manager and Library Director. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 3002-2018 – Increasing / (Decreasing) Estimated Revenues and Appropriations in the Personal Use Fishery Fund for the Remaining FY2018 Expenditures which were Presented in the 2017 Kenai River Personal Use Fishery Report. MOTION: Council Member Navarre MOVED to enact Ordinance No. 3002-2018 and the motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 3003-2018 – Amending Kenai Municipal Code Section 17.10.010- Mandatory Connection and Abandonment of Old Well, and Section 17.20.010- Mandatory Connections and Abandonment of Old On-Site Sewer Systems, to Change the Mandatory Connection Requirements. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3003-2018 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. 20 City of Kenai Council Meeting Page 5 of 15 February 7, 2018 It was noted that the amendment clarified the accessibility requirement regarding the two- hundred-foot connection and provided that if the property owner chose not to hook up to the service, payment to the City would still be required. It was also clarified that Alaska Department of Environmental Conservation waivers would still be required for septic systems. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 6. Ordinance No. 3004-2018 – Amending Kenai Municipal Code Section 1.15.050-Order of Business, to Amend the Use of the Pending Legislation Agenda Item and Make Other Housekeeping Changes. MOTION: Council Member Navarre MOVED to enact Ordinance No. 3004-2018 and the motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted the ordinance wouldn’t accomplish what was desired and a new ordinance would be brought forth. MOTION TO POSTPONE INDEFINITELY: Council Member Navarre MOVED to postpone indefinitely and the motion was SECONDED by Council Member Molloy. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 7. Ordinance No. 3005-2018 – Amending Kenai Municipal Code Chapter 7.10-Sales Tax, to Exempt Public Water and Sewer Utility Services to Residential Housing from the City’s Levy of Sales Tax. MOTION: Council Member Boyle MOVED to enact Ordinance No. 3005-2018 and the motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. 21 City of Kenai Council Meeting Page 6 of 15 February 7, 2018 It was suggested that necessities of life should not be taxed and the City providing the essential service of water and sewer is a tax in and of itself and shouldn’t be taxed further. There was discussion regarding electricity being taxed for wells and pumping services taxed for septic systems and suggested that a more comprehensive look be taken to provide an equitable shift. VOTE: YEA: Boyle NAY: Molloy, Knackstedt, Gabriel, Navarre, Pettey, Glendening MOTION FAILED . 8. Resolution No. 2018-04 – Amending the City of Kenai Public Records Management and Record Retention Policy Adopted on May 17, 2017 by Resolution No. 2017-22 by Amending Retention Lengths on Meeting Packets and Providing for Retention for Business License Records and Making Other Housekeeping Changes. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2018-04 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. 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. 9. Resolution No. 2018-05 - Adopting a Policy to Provide Procedures for Including Contingency in Contracts. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-05 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Administration was thanked for being mindful of the budget. VOTE: There being no objections, SO ORDERED. 10. Resolution No. 2018-06 – Authorizing the City of Kenai Mayor to Sign Kenai Peninsula Borough Joint Resolution No. 2018-001 Requesting the Alaska Board of Fisheries Adopt a Policy to Rotate the Upper Cook Inlet Finfish Meeting Between the Three Principle Communities of Kenai/Soldotna, Palmer/Wasilla, and Anchorage. 22 City of Kenai Council Meeting Page 7 of 15 February 7, 2018 MOTION: Council Member Navarre MOVED to adopt Resolution No. 2018-06 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was clarified that amendments were not needed to the joint resolution because it was an attachment. It was noted that the City Manager and Mayor might attend the meeting the resolution is discussed in person. VOTE: There being no objections, SO ORDERED. 11. Resolution No. 2018-07 – Consenting to the Vacation of Certain Rights-of-Way and Utility Easements within the Proposed Buxton Subdivision, Eagle Rock Addition. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-07 and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. 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. 12. Resolution No. 2018-08 – Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City’s Permanent Funds for Calendar Year 2018. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-08 and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. 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. 13. Resolution No. 2018-09 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Land Lease Application and Renewal Application Fees for Airport Reserve Land. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-09 and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. 23 City of Kenai Council Meeting Page 8 of 15 February 7, 2018 Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted that the economic gains were encouraging and staff was thanked. VOTE: There being no objections, SO ORDERED. 14. Resolution No. 2018-10 – Approving a Standard Lease Form for Leasing Airport Reserve Lands. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-10 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. The attorney was thanked for the clarification of the changes. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of January 17, 2018 Meeting minutes approved by the consent agenda. 2.*Corrected Minutes of May 20, 2014 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS 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. [Clerk’s Note: This Item was Postponed to this Meeting from the January 17, 2018 Meeting; A Motion to Enact is On the Floor.] VOTE: YEA: NAY: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening MOTION FAILED. 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 24 City of Kenai Council Meeting Page 9 of 15 February 7, 2018 Changes. [Clerk’s Note: This Item was Postponed to this Meeting from the January 3, 2018 Meeting; A Motion to Enact is On the Floor.] Staff provided an overview of the goals of the ordinance, a history of the ordinance, the amendments made, and suggested amendments. Staff was thanked for presentation and suggested amendments. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by deleting, “providing visual and sound screening barriers or buffers,” in section 14.25.010(b). Council Member Navarre SECONDED the motion and requested UNANIMOUS CONSENT. Unanimous consent was objected to. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by inserting the words, “providing screening,” before the words, “between uses,” and Council Member Boyle SECONDED the motion. VOTE: YEA: Molloy, Knackstedt, Gabriel, Navarre, Pettey, Glendening NAY: Boyle MOTION PASSED. Objection was removed from the motion to amend. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend by adding the word, “incompatible,” between the words, “between uses,” in all instances in the ordinance. Council Member Boyle SECONDED the motion. The definition of incompatible use was provided. Council Member Glendening withdrew the motion to amend with concurrence of the second. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by inserting a third letter, “P,” in “SWPP,” and adding the words, “prior to clearing activity,” at the end of the sentence in section 14.25.030(j) and Council Member Molloy SECONDED the motion. UNANIMOUS CONSENT was requested. 25 City of Kenai Council Meeting Page 10 of 15 February 7, 2018 VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by deleting section 14.25.085 in its entirety and Council Member Navarre SECONDED the motion. The point was made that all property in the Airport Light Industrial (ALI) zone were City owned and leased and the site plan requirement may make difficult to lease property. It was suggested that there shouldn’t be separate standards for property owners and City owned land. It was noted that site plans could be included in the leasing terms, on areas the public has access to; also noted that Council reviews all leases. Clarification was provided that the intent was to eliminate subjectivity in airport leasing and the lessee should know while shopping that landscaping was preferable as opposed to learning once the site had been chosen. VOTE: YEA: Knackstedt, Navarre, Pettey, Glendening NAY: Boyle, Gabriel, Molloy MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by deleting, “Airport Light Industrial (ALI),” in both instances in section 14.25.100 and Council Member Molloy SECONDED the motion. UNANIMOUS CONSENT was requested. Unanimous consent was objected to. VOTE: YEA: Knackstedt, Navarre, Pettey, Glendening, Gabriel, Molloy NAY: Boyle MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by renaming the title of section 14.25.090, “Prohibited Acts and Penalties.” Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 26 City of Kenai Council Meeting Page 11 of 15 February 7, 2018 MOTION TO AMEND: Council Member Knackstedt MOVED to amend section 14.25.100 to read, “”Land Clearing” for purposes of this chapter means land clearing and/or tree cutting resulting in removal of more than twenty percent (20%) of the trees, shrubs, or natural vegetative cover on properties within the …” and Council Member Navarre SECONDED the motion. It was noted that 20% had been established in June and that allowing 20% gave flexibility where zero tolerance was impactful to development. VOTE: YEA: Knackstedt, Navarre, Pettey, Glendening NAY: Molloy, Boyle, Gabriel MOTION PASSED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the first sentence of section 14.25.090 to read, “No person may conduct land clearing, construct, erect, or maintain any structure, building, fence or improvement, including parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan.” Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend section 14.25.020 to put back removed language, “Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a),” as letter “(d)” of that section and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend section 14.25.100 to add, “Removal of an obstruction for purposes of a survey is not, “Land clearing,” as the last sentence the definition of land clearing. Council Member Boyle SECONDED the motion and requested UNANIMOUS CONSENT. It was clarified that the amendment did not preclude utility easements or bringing utilities to undeveloped lots. 27 City of Kenai Council Meeting Page 12 of 15 February 7, 2018 VOTE: There being no objections, SO ORDERED. MOTION TO POSTPONE: Council Member Navarre MOVED to postpone to the meeting of February 21. Council Member Boyle SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Action/Approval – Non-Objection to Liquor License Renewals for: • Acapulco Mexican Restaurant • Main Street Tap & Grill • American Legion Post #20 Approved by the consent agenda. 4. *Ordinance No. 3006-2018 – Increasing Estimated Revenues and Appropriations by $1,441.42 in the General Fund for the Police Department to Purchase Supplies from Asset Forfeiture Funds Received from the State of Alaska. Introduced by the consent agenda and public hearing set for February 21, 2018. 5. *Ordinance No. 3007-2018 – Appropriating Available Fund Balance to the Multipurpose Facility Capital Project Fund for Facility Improvements Including the Purchase of New Heaters for the Player Benches and Spectator Area. Introduced by the consent agenda and public hearing set for February 21, 2018. 6. *Ordinance No. 3008-2018 – Accepting and Appropriating $1,600.00 from the Kenai Chamber of Commerce and Visitor Center (the Chamber) for a New Camera in Support of the City and the Chamber’s Joint Eagle Camera Project. Introduced by the consent agenda and public hearing set for February 21, 2018. 7. Action/Approval – Consent to Non-Exclusive Easement to ACS of the Northland, Inc., for the Installation of Underground Telecommunication Utilities at Two Locations through Lands Owned by the City of Kenai. 28 City of Kenai Council Meeting Page 13 of 15 February 7, 2018 MOTION: Council Member Molloy MOVED to approve a non-exclusive easement to ACS of the Northland, Inc. for the installation of underground telecommunication utilities at two locations through lands owned by the City of Kenai and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was req uested. It was clarified that road would be returned to standards and staff would ensure that the easement would be non-exclusive. VOTE: There being no objections, SO ORDERED. 8. Action/approval – Council Approval to Implement the “Read on the Fly Program” at the Kenai Municipal Airport. MOTION: Council Member Knackstedt MOVED to approve the implementation of the, “Read on the Fly Program,” at the Kenai Municipal Airport. The motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. It was clarified that all books were reviewed by the program. The request was made that maintenance and upkeep was managed appropriately. VOTE: There being no objections, SO ORDERED. 9. Action/Approval – Authorizing the Issuance of a Request for Proposal for Audit Services. MOTION: Council Member Molloy MOVED to authorize the issuance of a request for proposal for audit services and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Boyle. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No Report; next meeting February 8. 2. Airport Commission – The report from the January 17 meeting was reiterated; next meeting February 8. 3. Harbor Commission – No Report; next meeting February 12. 4. Parks and Recreation Commission – It was noted that at their February 1 meeting the Commission discussed draft FY19/20/21/22 capital improvement projects, prioritizing projects; next meeting March 1. 29 City of Kenai Council Meeting Page 14 of 15 February 7, 2018 5. Planning and Zoning Commission – It was reported that at the January 24 meeting the Commission approved two plats and approved a Conditional Use Permit for a marijuana manufacturing facility; next meeting Feb 14. 6. Beautification Committee – No Report; next meeting April 10. 7. Mini-Grant Steering Committee – No Report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Took granddaughters to the Senior Center for lunch and saw the recently renovated atrium; • Attended the Chamber of Commerce luncheon featuring Senator Murkowski; • Invited by Kenai Peninsula College to meet with the Chancellor and received insight on the college. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Participated in recent interviews, involving himself in the City’s recruitment process; • Spoke on the radio regarding the new leasing policy; • Reviewed the budget process noting changes to the budget process and document; • Working with the Mayor and Vice Mayor on leasing the ten properties off the airport providing an option to purchase; • Went live with NEOGOV® recruitment software; • Corps of Engineers was having trouble reprogramming funding for the Bluff Erosion Project due to federal budget issues. 2. City Attorney – No report. 3. City Clerk – Provided a reminder of an upcoming hearing and holiday. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments - (5 minutes) None. 2. Council Comments All council members thanked City Planner Kelley for his service to the City. Council Member Glendening attended the volunteer appreciation dinner at the Senior Center and the Chamber of Commerce luncheon featuring Senator Murkowski; noted he was heartened about what heard. Councilor Boyle thanked the City Attorney for his help on his ordinance. 30 City of Kenai Council Meeting Page 15 of 15 February 7, 2018 Councilor Molloy noted the Supreme Court of Alaska was coming to Kenai Central High School in March to hear oral argument on State of Alaska vs. Alaska Democratic Party matter. Council Member Knackstedt noted he was working with Caring for the Kenai on their reviews of projects. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:03 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 7, 2018. _____________________________ Jamie Heinz, CMC City Clerk 31 KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 21, 2018 – 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 February 21, 2018, 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 (telephonic) Jim Glendening Glenese Pettey Mike Boyle A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the packet: Remove Item B.2. Overview of the Wastewater Treatment Plant Add to Item D.5. Resolution No. 2018-12 • Amendment Memo • Bannock, Smith, and Olsen comments in support Remove Item G.2. Purchase Orders Exceeding $15,000 MOTION: 32 City of Kenai Council Meeting Page 2 of 11 February 21, 2018 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. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Mayor John Williams – Board of Director’s Report to Cook Inlet Regional Citizens Advisory Council Stakeholders and Carport for the Renovated Firetruck. Mayor Williams discussed commitments he had received from members of the community to assist in construction of the carport for the renovated firetruck as well as ideas for modifications to the plan. He also reported that total construction of the project was anticipated to be $12,000 and asked the City Council to provide $5,000 which would be matched by the Rasmuson Foundation to accomplish the project. 2. Sean Wedemeyer, Public Works Director, City of Kenai – An Overview of the Wastewater Treatment Plant. [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] B. UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS 1. Ordinance No. 3006-2018 – Increasing Estimated Revenues and Appropriations by $1,441.42 in the General Fund for the Police Department to Purchase Supplies from Asset Forfeiture Funds Received from the State of Alaska. 33 City of Kenai Council Meeting Page 3 of 11 February 21, 2018 MOTION: Council Member Knackstedt MOVED to enact Ordinance 3006-2018 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3007-2018 – Appropriating Available Fund Balance to the Multipurpose Facility Capital Project Fund for Facility Improvements Including the Purchase of New Heaters for the Player Benches and Spectator Area. MOTION: Council Member Molloy MOVED to enact Ordinance No. 3007-2018 and 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. Administration was asked to look into the possibility of putting a clock in the facility so those that pay for ice time are able to better monitor their time. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3008-2018 – Accepting and Appropriating $1,600.00 from the Kenai Chamber of Commerce and Visitor Center (the Chamber) for a New Camera in Support of the City and the Chamber’s Joint Eagle Camera Project. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 3008-2018 and the motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was noted the Eagle Camera project was an exciting way to positively market the City. 34 City of Kenai Council Meeting Page 4 of 11 February 21, 2018 VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2018-11 – Authorizing a Budget Transfer within the General Fund – Fire Department for Overtime in Excess of Budgeted Amounts. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-11 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. It was suggested that Administration ensure equitable allocation for the three Fire Department positions that are funded by the Airport Fund. VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2018-12 - Approving an Amended Policy to Include Alternatives for the Sale of Ten Specific City-Owned Airport Fund Leased Lands Outside the Airport Reserve with Substantial Constructed Leasehold Improvements. Mayor Gabriel opened the public hearing. Duane Bannock, representing Schilling Rentals, thanked Administration, Council, and the Land Sale and Policies working group for the thought and effort put into the Resolution and the recently adopted Ordinance. He noted all objectives of the working group were cemented with the exception of one. There being no one else wishing to be heard, public comment was closed. Administration was thanked for their work on the policies and the effort to improve economic development. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2018-12 and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. It was clarified that all actions relevant to the Airport Reserve line had been taken previously. MOTION TO AMEND: 35 City of Kenai Council Meeting Page 5 of 11 February 21, 2018 Council Member Knackstedt MOVED to amend by removing the word, “appraised,” at the beginning of the second paragraph under Sale Conditions, A (ii), replacing the word, “without,” with the word, “excluding,” in Sale Conditions, A (i) and A(ii) and the motion was SECONDED by Council Member Pettey. VOTE ON THE AMENDMENT: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. Appreciation was expressed for the policy. VOTE: YEA: Molloy, Knackstedt, Gabriel, Navarre, Pettey, Glendening NAY: Boyle MOTION PASSED. E. MINUTES – None. F. UNFINISHED BUSINESS 1. 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 Postponed as Amended to this Meeting from the February 7, 2018 Meeting; A Motion to Enact is On the Floor.] Mayor Gabriel opened the public hearing. Krista Timlin spoke in support of the ordinance as amended and in support of further amendments submitted by Councilors Glendening and Molloy noting, in her experience, it was important to exclude from the allowance without requiring a site plan when the property shared a property line with residential. She further noted it might be interpreted as being rare, but, in her experience, the reason given was so someone purchasing the vacant property could visually see what the size of the property was and left a devastating effect on the residents. There being no one else wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend by substituting the, “Land Clearing,” definition in section 14.25.100 with, “(a) “Land Clearing” for purposes of this chapter means: (1) land clearing and/or tree cutting resulting in removal of more than twenty (20%) of the trees, shrubs, or natural vegetative cover on properties within the Central Commercial (CC), Central Mixed Use (CMU), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic 36 City of Kenai Council Meeting Page 6 of 11 February 21, 2018 (TSH), Light Industrial (IL), and Education (ED) zoning districts, except for purposes of construction of single to three family dwellings; and (2) land clearing and/or tree cutting in parcels within the zoning districts listed in subparagraph (1) above resulting in removal of trees, shrubs, or natural vegetative cover within twenty (20) feet of property lines of parcels containing single family to three family dwellings. (3) The following is not “land clearing”: removal of an obstruction for purposes of a survey, and removal of hazardous or invasive trees or shrubs,” and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. Unanimous consent was objected. MOTION TO AMEND THE AMENDMENT: Council Member Navarre MOVED to amend the amendment by deleting, “containing single family to three family dwellings,” from the end of the second subparagraph and the motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE TO AMEND THE AMENDMENT: There being no objections, SO ORDERED. Objection was removed from unanimous consent on the amendment. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting into the second whereas clause, the words, “residential, commercial and industrial,” in between the words, “between,” and, “uses,” by replacing the word, “of” with the word, “among,” and inserting, “, noncommercial, residential,” in between “commercial,” and, “and,” in the last line of the third clause, inserting, “March 8, 2017,” before the date, “March 29, 2017,” and the date, “April 12, 2017,” after the same in the sixth whereas clause, and removing the words, “Airport Light Industrial zoned properties and,” from the ninth whereas clause. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting the words, “residential, commercial and industrial,” in between the words, “between,” and, “uses,” in subparagraph (b) of section 14.25.010. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend section 14.25.040, subparagraph (c) by inserting the sentence, “Small parking lots having less than 40 spaces may be exempted from the parking lot landscaping standards by the administrative official,” after the last sentence of the subparagraph. The motion was SECONDED by Councilor Molloy. 37 City of Kenai Council Meeting Page 7 of 11 February 21, 2018 It was clarified that the intent of the amendment was to provide for trash handling, snow maintenance, and landscaping in legacy Commercial Mixed Use zones that may have smaller parcels. Staff clarified that, with this amendment, a variance process would no longer be req uired and that the decision by the administrative official could be appealed to the Board of Adjustment. VOTE ON THE AMENDMENT: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting the word, “average,” in between the words, “in,” and, “width,” in subparagraph (e)(1) of section 14.25.040. The motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend by inserting the sentences, “Any more than the initial twenty percent (20%) removal of trees shrubs or natural vegetation is prohibited without a landscape/site plan regardless of the time between the land clearing activity. Land clearing which promotes fire protection as encouraged by the Firewise Communities / USA program or other similar cooperative fire protection efforts, may be allowed by the administrative official without a landscape/site plan,” as the second and third sentences in section 14.25.090. The motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. It was noted that the amendments provided a good change to what existed in code and clarified goals in the Comprehensive Plan. Staff and the Commissions and Committees were thanked for their collaborative efforts in problem solving and reaching the solution. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening NAY: MOTION PASSED UNANIMOUSLY. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. 38 City of Kenai Council Meeting Page 8 of 11 February 21, 2018 Removed from the agenda during approval of the agenda. 3. *Action/Approval – Non-Objection to Liquor License Renewals for: • BPO Elks Lodge #2425 • New Peking Restaurant Approved by the consent agenda. 4. *Ordinance No. 3009-2018 – Increasing Estimated Revenues and Appropriations by $63,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. Introduced by the consent agenda and public hearing set for March 7, 2018. 5. Action/Approval – Revise the Beautification Committee Meeting Start Time, Pursuant to Policy, from 7:00 p.m. to 6:00 p.m. MOTION: Council Member Boyle MOVED to revise the Beautification Committee start time from 7:00 p.m. to 6:00 p.m. The motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 6. Action/Approval – Mayoral Nomination of Freddie Perez for Appointment to the Parks and Recreation Commission. MOTION: Council Member Molloy MOVED to confirm the appointment of Freddie Perez to the Parks and Recreation Commission and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. VOTE: There being no objections, SO ORDERED. 7. Action/Approval – City of Kenai Letter to Alaska Department of Environmental Conservation in Response to Kenai River Special Management Area Advisory Board Comments. MOTION: Council Member Molloy MOVED to authorize the City Manager to send the letter he prepared to the Alaska Department of Environmental Conservation in response to the Kenai River Special Management Area Advisory Board comments and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. It was reported that Lisa Gabriel served as the City of Kenai’s representative on the Board and had not been made aware of the letter the Board sent; only a small number of Board members 39 City of Kenai Council Meeting Page 9 of 11 February 21, 2018 were able to review the letter prior to submittal. There was question as to whether or not the decision was properly noticed. Appreciation for the opportunity to submit our own comments was expressed. Staff was thanked for preparing the letter. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – It was reported that at their meeting on February 8 the Council elected a new Chair and Vice Chair; surveys were being revised to be sent out soon; suggested obtaining a key fob to be counted when eating at the Senior Center for accurate counts for grants; looking at a new dishwasher and flooring in the kitchen. It was also reported that March 23 was fundraiser for March for Meals; next meeting, March 8, had been cancelled. 2. Airport Commission – It was reported that at their meeting on February 8, the Commission heard about the recently adopted lease application, were presented with an alternative for constructing signs for Field of Flowers, and reviewed goals and objectives; next meeting March 8. 3. Harbor Commission – It was noted that there wasn’t a quorum at their February 12 meeting; next meeting March 12. 4. Parks and Recreation Commission – No report; next meeting March 1. 5. Planning and Zoning Commission – It was reported that at the February 14 meeting the Commission heard concerns from the public about the Beaver Loop Road rehabilitation project; also heard concerns about a proposed resource extraction on Silver Salmon Drive. The commission authorized the transfer of a Conditional Use Permit for a residential greenhouse and amended the application deadline for a completeness review for the Davidhiser resource extraction Conditional Use Permit application; next meeting February 28. 6. Beautification Committee – No report; next meeting April 10. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended a AK-LNG town hall meeting; • Noted the Kenai Performers were performing Shrek this weekend; • Thanked those that attended the meeting and testified; • Attended the “Love of Reading,” event at Mountain View Elementary School; • Noted he was saddened by the Florida shooting and encouraged the reporting of those showing signs of acting out. 40 City of Kenai Council Meeting Page 10 of 11 February 21, 2018 J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Department mid-month reports were in the packet; • Chief Tucker received the first Cummings Firefighter Award; • Met with the new owner of and working toward a building permit for the Spur Motel property; • Met with Alaska Gas Line Development Corporation regarding the Kenai Spur Highway relocation and possible waterline extension to the Liquid Natural Gas facility; • Reprogramming requests were still waiting for action at the federal level on the Bluff Erosion Project; • Noted he was proud to be a part of the local government where things still get done. 2. City Attorney – S. Bloom provided a reminder that the Supreme Court was to hear oral arguments in the State of Alaska vs. AK Democratic Party on March 29 and noted he was helping with the court system’s outreach with students. 3. City Clerk – J. Heinz reported that outreach to vendors that had operated in the dipnet fishery in the past was ongoing to prepare a recommendation for Council and work on the department’s budget was ongoing. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments All Council Members congratulated Chief Tucker on his award. Vice Mayor Navarre noted good things were happening in Juneau at the legislative level and good discussions were taking place with Alaska Municipal League. Council Member Pettey encouraged the City being proactive to get the gas line to the Kenai Peninsula. Council Member Glendening noted he attended the Chamber of Commerce luncheon, attended a work session in Soldotna regarding upgrades to their indoor athletic facility, and was keeping apprised of the material extraction working group at the Borough. Councilor Molloy followed up on Bloom’s comments regarding the Supreme Court oral arguments beginning at 9:40 a.m. on March 29. Also thanked the Clerk’s Office and Legal Department for a smooth process for the Board of Adjustment hearing and deliberation. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. 41 City of Kenai Council Meeting Page 11 of 11 February 21, 2018 N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:12 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 21, 2018. _____________________________ Jamie Heinz, CMC City Clerk 42 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MARCH 7, 2018 VENDOR DESCRIPTION PERS PERS INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 98,196.32 MATURITY DATE AMOUNT Effect.Int. 43 ''Vtff ~ «1/th a Pa.ft, Ot'tj «1/th a Fatfl.l"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: Mayor Brian Gabriel and Kenai City Council Jamie Heinz, City Clerk March 1, 2018 Liquor License Transfer of Ownership The Alcoholic Beverage Control Board has sent notification that the following licensee is seeking to transfer ownership of its Liquor License No. 626: Request Transfer to: D/B/A: Current Licensee: Kenai Joe's Alaskan Roadhouse Company Kenai Joe's Alaskan Roadhouse Bar & Grill Kenai Joe's Alaskan Roadhouse Company Pursuant to KMC 2.40, a review of City accounts has been completed and the applicant has satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the liquor license transfer of ownership will be forwarded to the ABC Board and the applicant. Your consideration is appreciated . 44 "Vt11aje with a Pas~ City with a Future" the city of KENAl~LASKA "V 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO: FROM : DATE: RE : David Ross, Chief of Police Willie Anderson, Lands Manager Terry Eubank, Finance Department Scott Bloom , Legal Department Willie Anderson, Acting City Planner Jacquelyn Kennedy, Deputy City Clerk February 8, 2018 Liquor License Transfer of Ownership The Alcoholic Beverage Control Board has sent notification that the following applicant is seeking to transfer ownership of its Liquor License No. 626: Applicant: Kenai Joe's Alaskan Roadhouse Company D/B/A: Kenai Joe's Alaskan Roadhouse Bar & Grill Current Licensee : Kenai Joe's Alaskan Roadhouse Company ~ 11111.' 1992 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 thi s memorandum indicating amounts owed and for which accounts. Once ou have com leted our section, lease route to the next de artment. Thanks! 1.~e Department "b £. initials ~I have reviewed all records for my department and the applicant is current on obligations or obli gations do not exist. 0 The appJiCj19!)1a s outstanding obligations and an additional page has been attached. 2. Finance ~ Initials 't:iJ 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. 3~gal S (\ 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 ~itials Lil I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant has outstanding obligations and an additional page has been attached. 5;J2anning and Zoning IA>-'·=!:'initials lLJ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. Orhe applicant ha s outstanding obli gations and an additional page has been attached . Returned to Clerk's office: 45 .: . :_n Office of the Borough Clerk R. o \J 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 714-2388 Fax 2/14/2018 Sarah Daulton-Oates Records & Licensing Superv isor Alcohol & Marijuana Control Office 550 W 7th Ave, Ste. 1600 Anchorage, Alaska 99501-3567 Jo h ni Blanken shi p, MMC Borough Clerk RE : Non-Objection of Transfer Owner Application Business Name License Type License Location License No. Previous Owner Name Dear Ms . Oates, KENA I JOE 'S Beverage Dispensary 800 Cook Ave ., City of Kenai 626 Kenai Joes Alas ka Roadhouse Co This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this Transfer Owner application. Should you hav e any questions, or need additional information, please do not hesitate to let u s know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: App licant City of Kenai KPB Finance Department File 46 THE STATE 01ALASKA GOVERNOR BILL WALKER February 7, 2018 City of Kenai Attn : Jami e Heinz, Deputy City Clerk VIA Email : jhe inz@ kenai.city Cc : cityclerk@kena i.c ity joa nne@boro ugh .kenai .ak.us jb lanken ship@borough.kenai .ak .us kring@borough.kenai.ak .us License Type: Beverage Dispensary Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OF FI CE 550 West 7'" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 I License Number: 1626 Licensee: Kenai Joe 's Alaskan Roadhouse Company Doing Business As: Kenai Joe's D New Application D Transfer of Ownership Appl ication D Transfer of Location Application ~ Transfer of Controlling Interest Application We ha ve received a completed 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 w ithin 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 appl ication referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491-AS 04.11.509 provide that the board will deny a license application if the board finds that the licen se is prohibited under as a result of an election conducted under AS 04.11.507. AS 04.11.420 provides that the board w i ll not issue a license when a local govern ing body protests an application on the grounds that the applicant's proposed licen se d premises are located in a place within the local government where a local zoning ordinance proh ibits the alcohol establishment, unless the local government ha s approved a variance from the local ordinance. Sincerely, Er ika McConnell, Director amco.localgovernmentonly@alaska .gov 47 Alcohol and Marijuana Control Office 550 W 7111 Avenue, Suite 1600 Anchorage, AK 99501 ale h_g!J!.1 r •ri&L I .~ llll.filllwww co mmc ~ .b ~ ~ b/arn Phone: 907.269.0350 ' • · .. -• I Alaska Alcoholic Beverage Control Board ~ I .. / r.,71l o rl\I>~ Form AB-01: Transfer License Application What Is this form? This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review T'rtle 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code. All fields of this form must be completed, per AS 04 .11.260, AS 04.11.280, AS 04.11.290, and 3 AAC 304.105 . This form must be completed and submitted to AMCO's main office, along with all other required forms and documents, before any license application will be considered complete. Section 1 -Transferor Information Enter information for the current licensee and licensed establishment. Licensee: KENAI JOE'S ALASKAN ROADHOUSE COMPANY license#: 626 License Type: BEVERAGE DISPENSARY Statutory Reference: 04.11 .090 Doing Business As: KENAI JOE'S ALASKAN ROADHOUSE BAR AND GRILL Premises Address: 800 COOK AVE . City: KENAI Local Governing Body: CITY OF KENAI Transfer Type: [{] Regular transfer D Transfer with security interest D Involuntary retransfer Complete Date: Board Meeting Date: Issue Date: [Form AB--01) (rev 10/10/2016) I State: AK OFFICE USE ONLY Transaction II: License Years: BRE: I ZIP : 99611 '16~7 I '1~'1 .. !_ ~ 9) rs 0 f2 n\\n re::' Ir\\ I u u--.. ......_... i.....-.iLI V l:::ll!:::::/ I I A a . -- .JHIV I t> LU HJ i ALCOHO L MARrJUANA CONTRO LiS!fgtci Ff 7 STATE OF.ALASKA 48 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W ih Avenue, Suite 1600 Anchorage, AK 99501 alcohol .l icensing@alaska.gov https://www .commer ce .a la ska .gov /w eb/amco Phone: 907.269.0350 Form AB-01: Transfer License Application Section 2 -Transferee Information Enter information for the new applicant and/or location seeking to be licensed. licensee: KENAI JOE'S ALASKAN ROADHOUSE COMPANY Doing Business As: KENAI JOE'S Premises Address: 800 COOK AVE. City: KENAI I State: I ALASKA I ZIP: 199611 Community Council: Mailing Address: 37070 CANNERY RD City: KENAI j State: j ALASKA I ZIP: j 99611 Designated Licensee: JULIE C . LATTA, Contact Phone: (907)953-2855 I Business Phone: I (901)283-5637 Contact Email: julielatta@ak.net Yes No Seasonal License? D [{] If ''Yes", write your six-month operating period:----------- Premises to be licensed is: [{] an existing facility Section 3 -Premises Information D a new building D a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school rounds? Include the unit of measurement in our answer . . 35 MILES What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to h bl' f h h h b 'Id ' ? I I d h ' f i t e pu rc entrance o t e nearest c urc UI rng nc u et e umt o measurement n your answer. l .35 MILES -~re~~ow~w·· [Form AB-01) (rev 10/10/2016) JAN 1 6 201 8age 2of 7 ALCOHOL MARrJUANA CONTROL OFFICE STATE OF ALASKA 49 Alaska Alcoholic Beverage Co ntrol Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 An chorage, AK 99501 alcohol.licensing@a laska.gov https://www.commerce .alaska.gov/web/amco Phone: 907 .269 .0350 Form AB-01: Transf er License Appl ication Section 4 -Sole Proprietor Ownersh i p Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section S. If more space is needed, please attach a separate sheet with the required information. The following information must be compl eted for each licensee and each affiliate (spouse). This individual is an: D applicant Oaffiliate Name: Address: City: I State: I I ZIP: I This Individual is an: D applicant Oaffiliate Name: Address: City: I State: I I ZIP: I Secti on 5 -Entity Ownership Information This section must be completed by any entity. including a corporation, limited liability company (LLC), partnership, or limited partnership, that Is applying for a license. Sole proprietors should skip to Section 6 . If more space Is n eeded, please attach a separate sheet with the required information. • 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 applicant is a limited liabilitv organization, the following information must be completed fo r each member with an ownership interest of 10% 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 10% or more, and for each general partner. Entity Official: JULIE C. LATIA Ti t le(s): VICE PRESIDENT, SECRETARY I Phone: I (907)953-2855 l % Owned: I 100 Address: 37070 CANNERY RD City: KENAI I State: I ALASKA l ZIP: 199611 I ·~~©r§·OWr§Tg) i'L [Form AB-01] (rev 10/10/2016) I JAN 1 6 20 -nfge ~of' l ALCOHOL MARrJUANA CONTROL OFFICE STATE OF ALASKA 50 Alcohol and Marijuana Control Office 550 W ih Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska .gov https://www.commerce.alaska.gov/web/amco Ph one: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Entity Official: BRENT L. ELKINGTON Title(s): PRESIDENT, TREASURY I Phone: I (901)252-0440 I %Owned: lo Address: 48289 GOLDDUST DR. City: SOLDOTNA I State: jAK I ZIP: j 99669 Entity Official: Title(s): I Phone: I I %Owned: I Address: City: I State: I I ZIP: I Ent ity Official: Title(s): I Phone: l I %Owned: I Address: City: I State: I I ZIP : I This subsection must be completed by any applicant that Is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who Is an Individual resident of the state of Alaska. DOC Entity #: 10012358 j AK Formed Date: 04/19/2013 Home State: j ALASKA Registered Agent: JULIE C. LA TT A Agent's Phone: (907)953-2855 Agent's Mailing Address: 37070 CANNERY RD. City: KENAI I State: ALASKA ZIP : j 99611 Residency of Agent : Yes No Is your corporation o r LLC' s reg istered agent an individ ual resident of the state of Alaska ? 00 -== :ZC:' -ffii[g©r§O\Wr§[Q) I (Form AB-01) (rev 10/10/2016) JAN 1 6 2om ge ~oP ALCOHOL MARIJUANA CO NTROL OFFICE STATE OF ALASKA 51 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W i h Avenue, Suite 1600 Anchorage, AK 99501 alcohol .l icensi ng@a laska .gov https://www .commerce.a la ska .gov /web/a mco Phone: 907.269.0350 Form AB-01: Transfer License Application Section 6 -Other Licenses Ownership and financial Interest In other alcoholic beverage businesses: Does any representative or owner named as a transferee in this application have any direct or ind irect financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? Yes No 00 If "Yes", disclose which lndividual(s) has the financial Interest, what the type of business Is, and If licensed In Alaska, which license number(s) and license type(s): BRENT L. ELKINGTON , ALASKA ROADHOUSE COMPANY OBA ALASKA ROADHOUSE BAR & GRILL -BEVERAGE DISPENSARY LICENSE #0838 ALASKA ROADHOUSE BAR & GRILL IS A DRINKING PLACE SERVING ALCOHOLIC BEVERAGES . JULIE C. LATIA, ALASKA ROADHOUSE COMPANY OBA ALASKA ROADHOUSE BAR & GRILL-BEVERAGE DISPENSARY LICENSE #636 ALASKA ROADHOUSE BAR & GRILL IS A DRINKING PLACE SERVING ALCOHOLIC BEVERAGES. Section 7 -Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discus s this licen se with AMCO staff? 00 If "Yes", disclose the name of the individual and the reason for this authorization: BRENT L. ELKINGTON BRENT L. ELKINGTON WORKS IN OUR COMPANY AND HAS ACCESS TO ANY AND ALL PERTINENT INFORMATION SHOULD AMCO HAVE ANY QUESTIONS. [Form AB-01) (rev 10/10/2016) ge S o 7 .......,..-,......,..,.--=-: _J ALCOHOL MARf;JU ANA CONTR OL uF FI.., STATE OFALASK A 52 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 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 8 -Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling Interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee . I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently lic ensed entity) have examined this application, approve ofz he transf rofthis !!,cense, and find the information on this application to be true, correct, and complete. ... , .) ~ -~ -.:; , -z.. ,/ z Signature of trartsferor / BRENT L(E LKINGTON Printed name of transferor Subscribed and sworn to before me this =)u *'day of \) .1 0 \ \:>.~"r ,20 11 . Notary Public REBECCA UTRUP State of Alaska Signaturt of Notary Public My Commission Expires May 1, 2018 Notary Public in and for the State of_..:.._A.J..·_ 1 .....:\~\wL.t==· ~"------- My comm issi on e xpires: S/ l 1 / io I • / d £:1',-~ --=-::;<~ Signature of transferor JULIE C. LATTA Printed name of transferor I" Subscribed and sworn to before me this_. _( _day of Y> C ~-f\\ I}.('. 1 ,20Ji. Notary Public REBECCA UTRUP State of Alaska My Commission Expires May 1, 2018 [Form AB--01] (rev 10/10/2016) Signature of Notary Public Notary Public in and for the State of _I _, l_C_\ ..... J=K..=--"'---'------ My commission expires: s_I / z c. '!Rl[g ©r§O W[g@ "' ALC OHOL MAA rJUA NA CO NTROL OFFI CE STATE OF AL ASKA 53 Alcohol and Marijuana Control Office 550 W ih Avenue, Suite 1600 Anchorage, AK 99501 alcohol.l icensing@alaska .gov https://www .commerce.alaska .gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 -Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all proposed licensees (as defined in AS 04.11 .260) and affiliates have been listed on this application. I certify that all proposed licensees have been listed with the Division of Corporations. I certify 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 certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS 04.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, If required by 3 AAC 304.465. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. Initials As an applicant for a liquor license, I declare 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. ; t -==-<< Sign'ature of transferee JULIE C. LATTA Printed name : 1-k ...._ Subscribed and sworn to before me this ·)( day of f ( c_ f\ \J t I 20_:__]_. Notary Public REBECCA UTRUP State of Alaska My Comm ission Expires May 1, 2018 [FormAB-01) (rev 10/10/2016) Signature of Notary Public Notary Public in and for the State of ___ {_\_\_it._0.. _____ _ My commission expires : •I 1 I Z ' l ~©~O~~© ·· 1 JAN 1 6 2018 P getof7 ALCOHOL MARrJUANA CONTROL OFFIC E\ STATE OF ALASKA 54 Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram What is this form? Alcohol and Marijuana Control Office 550 W 7U> Avenue, Suite 1600 Anchorage, AK 99501 a lcohol.hcensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS 04.11 .260 and 3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtu r es, and areas of storage, service, con sumption, and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provid e an add itiona l page that clearly shows the location of your proposed premise s within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second page of this form Is not required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The first page must still be completed, attached to, and subm itted wit h any supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed . This form must be completed and submitted to AMCO's main office before any license application will be considered complete. I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second page of this form . Section 1 -Establishment Information Enter information for the business seeking to be licensed, as identified on the lice nse application. Licensee: KENAI JOE'S ALASKAN ROADHOUSE COMPANY I License Number: I 626 License Type: BEVERAGE DISPENSARY Doing Business As : KENAI JOE'S Premises Address: 800 COOK AVE. City: KENAI I State: I AK I ZIP: Yes No 00 199611 [Form AB-02) (rev 06/24/2016) J!\N 1 6 2018 ge 1 of 2 I ALCOHOL MARiJUANA CONTROL OFFICE __ STATE OF AL ASK A 55 Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Section 2 -Detailed Premises Diagram Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 Phone : 907.269.0350 Clearly indicate the boundaries of the premises and the proposed licensed area within that property. Clearly indicate the interior layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars, and fixtures, and outline in red the perimeter of the areas designated for alcohol storage, service, consumption , and manufacturing. Include dimensions, cross- streets, and points of reference in your drawing. You may attach blueprints or other detailed drawings that meet the requirements of this form. , 36 -t;+, I Pit'· f~ I.\ 01 I j( .. \ \ ' I \ '· ·~ ( f "' •.S 1,l.1 C.1 .• ~, .... p.. i l 1--'-----J .• ! ..... ~D - [Form AB-02) (rev 06/24/2016) ~·--1 ,.., \ ·, •. I t,o ++ I ;;[., .. ! ·-1 __, -- f;.l=,. -f-i •.": -:· r J ~ 'I 1....··-:: Tn)\c_.,; -C,oc ~ A v e.(l.Ll.e.. - • ~rs~~.n\'./lr§ro 1 JAN 1 6 2lffr 2 ptz ! ALCO._H_O_L ...,..MA~R~rJ~UA~N7'A c:-::o·NTll()L OFFICE 1' STATE OF ALASKA 56 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3010-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A SCHOLARSHIP FROM THE ALASKA ASSOCIATION OF MUNICIPAL CLERKS FOR EMPLOYEE TRAVEL AND TRAINING. WHEREAS, the Office of the City Clerk has received a $1,550 scholarship from the Alaska Association of Municipal Clerks (AAMC) for travel expenses for the Deputy Clerk to attend training at the Northwest Clerks Institute held in Tacoma, Washington; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept funds in the amount of $1,550 from AAMC for travel expenses for the Deputy Clerk to attend training at the Northwest Clerks Institute and to execute agreements and to expend the funds to fulfill the purpose and intent of this ordinance. Section 2. That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Grants $1,550 Increase Appropriations: City Clerk – Travel & Transportation $1,550 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 upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2018. 57 Ordinance No. 3010-2018 Page 2 of 2 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: March 7, 2018 Enacted: March 21, 2018 Effective: March 21, 2018 58 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: February 23, 2018 SUBJECT: Ordinance No. 3010-2018 – Appropriating a Scholarship from AAMC ______________________________________________________________________ The Alaska Association of Municipal Clerks fundraises continually to offer a number of financial scholarships to its members to attend Northwest Clerks Institute. Completion of the three-year Institute is essential to receive the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks. Funds can be utilized for registration, housing, and travel. Deputy Clerk, Jacquelyn Kennedy, has been awarded funds ($1,550) to attend Northwest Clerks Institute, held at the University of Puget Sound in Tacoma, Washington in June 2018. This ordinance will appropriate the $1,550 scholarship to allow Ms. Kennedy to attend the training. Your consideration is appreciated. 59 60 61 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Council Member Knackstedt Council Member Pettey CITY OF KENAI ORDINANCE NO. 3011-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.290 – APPEALS – BOARD OF ADJUSTMENT, TO AMEND STANDING REQUIREMENTS FOR FILING AN APPEAL, FILING FEE WAIVERS, WHO MAKES INITIAL DETERMINATIONS ON STANDING, AND MAKING OTHER HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code (KMC) Section 14.20.290(a)(5) – Appeals – Board of Adjustment, currently provides that any resident of the City of Kenai may file an appeal of any Planning and Zoning Commission Decision or final decision of an administrative official; and, WHEREAS, while appeals allow residents and others the opportunity to publicly participate in decisions made by the Planning and Zoning Commission and administrative officials, appeals can also be harmful in delaying business growth, development and other actions of property owners; and WHEREAS, it is important to provide a balance between the interests of concerned community members, parties potentially negatively affected by City decisions, and those endeavoring to benefit and move forward from a decision in their favor; and WHEREAS, in creating this balance, it is beneficial to further limit standing for the filing of an appeal to prevent excessive litigation and undue delay of final dispositions; and, WHEREAS, limiting standing in a reasonable manner also creates a stable land use and business environment and conserves City resources; and, WHEREAS, limiting standing to those that rent, lease or own property affected by the decision, or to applicants, or administrative officials, that participated in the initial determination of the Planning and Zoning Commission decision, strikes a reasonable balance between the various interests; and, WHEREAS, KMC Section 14.20.290(c) – Appeals – Board of Adjustment, currently provides that the Board of Adjustment shall resolve any issues of standing or whether a party is “aggrieved”; and, WHEREAS, amending KMC 14.20.290 to provide the City Clerk an opportunity to assist in refining matters of standing will reduce unnecessary expense to the City to conduct Board of Adjustment hearings while continuing to provide a fair and impartial process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: 62 Ordinance No. 3011-2018 Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 1. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.290 – Appeals – Board of adjustment, is hereby amended as follows: 14.20.290 Appeals – Board of [A]Adjustment. (a) Any person(s) aggrieved by a final decision of the administrative official or Commission and a party of record may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. To be a “person(s) aggrieved” by a final decision of the administrative official or Commission the person must be: (1) the applicant for the action taken or determination, or the owner of the property that is the subject of the action or determination under appeal; or (2) the administrative official; or (3) a[N] legal occupant or owner of an interest in real property who shows that the decision of the administrative official or Commission has or could have an adverse effect on the legal occupant or owner’s use or enjoyment of the property or on the value of the property interest asserted. A legal occupant is an occupant with a current rental or lease agreement executed by the owner, or owner’s agent, of the real property in question. [CAN SHOW PROOF OF THE ADVERSE EFFECT THAT THE ACTION OR DETERMINATION HAS OR COULD HAVE ON THE USE, ENJOYMENT, OR VALUE OF THAT REAL PROPERTY.] An interest that is no different from that of the general public is not sufficient to make a person aggrieved. To be a “party of record,” a person, legal entity or government agency, must show that the person, legal entity or government agency participated with either oral or written comments at the hearing before the planning and zoning commission or before the administrative official making a final decision. [; OR (4) ANY PERSON WHO WAS ENTITLED UNDER KMC 14.20.280(C) TO NOTICE BY MAIL OF A PUBLIC HEARING ON AN APPLICATION FOR THE ACTION OR DETERMINATION; OR (5) A RESIDENT OF THE CITY OF KENAI] (b) Appeals from final decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen (15) days of the decision. The appeal notice shall be in writing and must contain: (1) The signature, name, and mailing and physical addresses of the appellant; (2) A description of the action or determination from which the appeal is sought and the date upon which it became a final decision; (3) The reason for the appeal, which must include a description of harm to the appellant, including why the appellant meets the definition of an “aggrieved person”; (4) A statement of the relief requested by the appellant; (5) The street address of the property that is the subject of the action or determination being appealed and the name and address of the owner(s) of the property; (6) The appellant shall pay a filing and records preparation fee as set forth in the City’s schedule of fees adopted by the City Council. An application to proceed with an appeal as an indigent may be filed with the City Clerk’s office on a form provided by the Clerk. The chair of the Board of Adjustment may allow an applicant who 63 Ordinance No. 3011-2018 Page 3 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] qualifies as an indigent a reduced filing fee[,] or a payment plan, [OR A WAIVER OF THE FILING FEE] where the chair is able to make a written finding, based on information provided by the applicant, that payment of the appeal fee would be a financial hardship for the appellant. Based upon the information provided, the fee may be reduced in accordance with the following schedule: Annual income as a percent of current Health and Human Services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1—100% [100] 90% Waiver 101—149% 75% Waiver 150—174% 50% Waiver 175—199% 25% Waiver 200% plus No Waiver Any appellants with income equal to or less than two hundred percent (200%) of the HHS poverty guidelines for Alaska for the year in which the appeal is filed may apply for a payment plan in which the filing fee shall be paid in full within six (6) months of the date of filing. (c) The City Clerk shall reject any notice of appeal that does not comply with the requirements of KMC 14.20.290(a) or (b) and notify the appellant of the reasons for rejection. If a notice of appeal is rejected for reasons other than timeliness, a corrected notice of appeal that complies with this section will be accepted as timely if filed within seven (7) days of the date of the mailing of the notice of rejection. The appellant may appeal the Clerk’s final determination on [THE BOARD OF ADJUSTMENT SHALL RESOLVE ANY ISSUES OF] standing or whether a party is “aggrieved” under KMC 14.20.290(a) to the Board of Adjustment. (d) The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. Members of the Board of Adjustment must be present in person for hearings held on appeals in order to participate in rendering a decision or voting on an appeal. (e) The following act or determinations may not be appealed: (1) a decision to cite or not to cite a person for a violation of the code under KMC 14.20.260 or any other provisions of the code; (2) a decision not to issue an enforcement order under KMC 14.20.260 or any other provision of the code; (3) any recommendation for or against approval of the adoption, revision, or amendment of the zoning code, zoning map, comprehensive plan, any other plan, a rezoning or any other matter involving a recommendation. (f) Procedure. (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-64 Ordinance No. 3011-2018 Page 4 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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) through (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 interested parties and to all property owners within three hundred feet (300′) or the appropriate distance as required by the public hearing 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. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above-mentioned powers, the Board of Adjustment may reverse, remand or affirm, wholly or partly, or may modify the order, requirement, decision or determination, as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All hearings of the Board shall be open to the public. The Board shall issue a written opinion, stating its decision, the reasons for its decision, and the vote of each member entitled to vote upon each question. The Board of Adjustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and may be in consultation with the City Attorney. An electronic recording shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim transcript. The minutes and verbatim transcript shall be made a public record. Copies of the decision shall be promptly posted on the City’s official web site and mailed to all parties participating in the appeal. (Ords. 925, 1554-93, 1650-95, 2082-2005, 2142-2006, 2528-2011, 2743-2014, 2893-2016) 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 enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: 65 Ordinance No. 3011-2018 Page 5 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Jamie Heinz, City Clerk Introduced: March 7, 2018 Enacted: March 21, 2018 Effective: April 20, 2018 66 MEMORANDUM TO: Mayor Gabriel and Kenai City Council FROM: Council Members Pettey and Knackstedt DATE: March 1, 2018 SUBJECT: Ordinance No. 3011-2018 – Amending Kenai Municipal Code to Amend Board of Adjustment Appeals. We recognize the importance in providing residents and others the opportunity to participate in decisions made by the Planning and Zoning Commission and administrative officials. However, excessive appeals can be harmful in delaying business growth, development, and other actions of property owners, and superfluously expends City resources. Amendments proposed in this ordinance strike a balance between concerned community members, business growth and development, and other actions of property owners by limiting standing to applicants, administrative officials, and those which rent, lease, or own property affected by the decision which participated in the initial determination. This is more lenient than what is provided for by the Kenai Peninsula Borough and the cities of Soldotna and Homer. These amendments provide, if you lease or own property in the City, show your property or enjoyment thereof is harmed, and participated in the initial determination of the Planning and Zoning Commission decision, you have standing to appeal. We believe that this will provide a fair process in which legitimate concerns are addressed, where all parties are certain of the issues, and the City’s resources are conserved. In addition to amending the criteria for who has standing to appeal, we are proposing to adjust who makes the initial determination of standing or whether a party is “aggrieved,” by providing the Clerk makes the initial determination on standing, which could then be appealed to the Board of Adjustment. Finally, we are proposing to amend the percentage of fee reduction so the appellant has, “skin in the game.” At this time, our fee is $100 and, even if increased, ten percent of the filing fee combined with the opportunity to pay the fee over six months would not cause an undue hardship for an appellant considering what is at stake in the appeal. Your consideration is appreciated. 67 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: March 1, 2018 SUBJECT: Legal Analysis of Ordinance 3011-2018 ______________________________________________________________________ This memorandum provides a legal analysis of Ordinance 3011-2018. The proposed Ordinance proposes a standard on who has standing to appeal a decision of the Planning and Zoning Commission or final decision of an administrative official that is less stringent than that of the Kenai Peninsula Borough, City of Soldotna and City of Homer. These three municipalities require that for someone to have standing to appeal a planning and zoning decision, they must have participated in the process before the planning and zoning commission either orally or in writing; they must own real property and show that the decision could have an adverse effect on the value, use or enjoyment of the property. The proposed Ordinance provides a more lenient standard than these municipalities in that it does not restrict standing for appeals to those that own real property, but expands the standing to appeal to those that lease or rent property and can show that a decision could impact their ownership interest or use or enjoyment of the property. The City of Homer’s municipal ordinance with regard to standing was generally approved by the Alaska Supreme Court in Griswold v. City of Homer, 252 P.3d 1020 (Alaska 2011) with the following exception. In the described case, the Appellant, Frank Griswold, argued that requiring someone to have participated before the planning and zoning commission in order to have standing to appeal violated due process. Id. at 1029. Because Griswold had appeared before the planning and zoning commission in the case discussed, the Court held that Griswold could not make this argument and never addressed the due process aspect of it in other terms. Id. While the aforementioned municipalities do have this requirement, the Municipality of Anchorage does not. In my opinion, it is a reasonable requirement in that it is not very onerous to provide oral or written comments and it makes sense that an appellant should provide their objection or support to the planning and zoning commission initially, to allow the commission to make an informed decision, to allow the municipality to deal with the issue in a timely and cost effective 68 Page 2 of 2 Ordinance 3011-2018 manner, and to reduce unnecessary delay. It should be noted that while Anchorage does not require property owners to have participated in planning commission hearings to appeal, an appellant in Anchorage must deposit $1000 before the appeal is accepted. 69 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3012-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER IN THE MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL PROJECT FUND AND APPROPRIATING FUNDS TRANSFERRED FROM THE MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL PROJECT FUND IN THE PERSONAL USE FISHERY CAPITAL PROJECT FUND FOR PROJECTS IDENTIFIED IN THE CITY’S 2017 PERSONAL USE FISHERY REPORT. WHEREAS, the City used State of Alaska Department of Commerce, Community and Economic Development Grant Funds to purchase land to build a new South Beach Access Road; and, WHEREAS, the purchase of the land included a residence that was not needed for the project; and, WHEREAS, $50,000 was originally transferred from the Personal Use Fishery Special Revenue Fund for completion of the new South Beach Access Road; and, WHEREAS, after the sale by the City of the residence adjacent to the South Beach Access Road and repayment of the proceeds to the State of Alaska, the State of Alaska Department of Commerce, Community and Economic Development Grant reimbursed the City for all costs associated with the new road construction and the local funds provided to the project are no longer required and may be reallocated to new projects; and, WHEREAS, a budget adjustment is needed to facilitate transferring the $50,000 from the Municipal Roadway Improvements Capital Project Fund to the Personal Use Fishery Capital Project Fund for establishment of new projects; and, WHEREAS, three projects were identified in the City’s 2017 Personal Use Fishery Report who’s recommended funding source would be the $50,000 previously appropriated to the new South Beach Access Road Project; and, WHEREAS, the projects being established include widening and electrical upgrades of South Spruce Street, $36,300, Main Street Camera utility installation, $7,500, and dock ramp excavation, $6,200. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the following budget revision is authorized: Municipal Roadway Improvements Capital Project Fund From – Construction $50,000 70 Ordinance No. 3012-2018 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] To – Transfer to Other Funds $50,000 Section 2. That the estimated revenues and appropriations be increased as follows: Personal Use Fishery Capital Fund: Increase Estimated Revenues – Transfer from Other Funds $50,000 Increase Appropriations – South Spruce St. Widening & Electrical Upgrades – Construction $36,300 Main Street Camera Utility Installation - Construction 7,500 Dock Ramp Excavation - Construction 6,200 $50,000 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 enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: March 7, 2018 Enacted: March 21, 2018 Effective: March 21, 2018 71 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THRU: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: February 23, 2018 SUBJECT: Ordinance No. 3012-2018 – Personal Use Fishery Capital Projects The administration identified three capital projects related to the Personal Use Fishery in the City’s 2017 Personal Use Fishery Report. The three projects include the following: 1. South Spruce Street Widening and Utility Installation $36,300 2. Main Street Camera Utility Installation 7,500 3. Dock Ramp Excavation 6,200 $50,000 The proposed funding source for these projects are funds which originally came from the Personal Use Fishery Special Revenue Fund for the construction of a new South Beach access road. Proceeds from the sale of the house purchased from Arc Properties was repaid to the State and are now available to the City through the Alaska Department of Commerce, Community and Economic Development Grant awarded to the City for construction of the new access and other improvements on the City’s South Beach. The expenditures previously paid with the $50,000 from the Personal Use Fishery Fund have been reimbursed to the City with grant funds leaving the $50,000 available for redirection to new projects. Ordinance 3012-2018 will authorize a budget transfer allowing the funds to be transferred to the Personal Use Fishery Capital Project fund where it will be appropriated for the three projects described above. Your support for Ordinance 3012-2018 is respectfully requested. 72 KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING FEBRUARY 14, 2018 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city 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 the Allegiance. b. Roll Call Commissioners present: J. Twait, V. Askin, G. Greenberg, K. Peterson, B. Springer, D. Fikes, J. Halstead Staff/Council Liaison present: Planning Assistant W. Anderson, City Clerk J. Heinz, City Attorney S. Bloom, City Manager P. Ostrander, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Aksin SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. *Excused absences – None. 2. *APPROVAL OF MINUTES: January 24, 2018 73 ____________________________________________________________________________________ Planning and Zoning Commission Meeting February 14, 2018 Page 2 of 5 Meeting minutes approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) Laura Sievert spoke against the State of Alaska, Department of Transportation, clearing, grubbing, and hydro-seeding to 50 feet on the Beaver Loop Road project noting it was not good for the anadromous fish streams in the area. Expressed concern that the City was adding installation of lights to the project which would add light pollution to the area. Expressed further concern about raising the speed limit in the area. Spoke in favor of the residents in the area being better informed. Curt Wilcox spoke against the Beaver Loop Project as well noting the eco-system already existed and pointed out drainage would go into the Kenai River and removal of trees would create a maintenance problem for the City creating excessive drainage and snow drifts. He also suggested the cost of the project was excessive. Chris Cursey spoke against the Beaver Loop Road project noting that, at the last public meeting, the State couldn’t answer questions because they didn’t know enough about the scope of the project and now expected residents to sign permits to tear up their property. He suggested making the road wider and smoother would make it faster and cause more deaths and suggested resurfacing only. He further noted the State was in a budget crisis and spending $15 million on 3 miles of road was excessive. Bruce Richards spoke against the gravel pit at the end of Silver Salmon Road noting his property bordered the gravel pit but sat eighty feet above the project and didn’t see how it could comply with code. He noted the project was relayed to him as building a pond on some property and it didn’t come out until later that the project was actually 52 acres below the bluff and not the property the house was on. Kathy Haus spoke against granting the gravel pit noting she realized the application hadn’t been completed. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: a. Resolution PZ2018-04 - Application for Transfer of Conditional Use Permit PZ96-73 for a Retail of Plants and Garden Accessories from Residential Greenhouse, from Connie Royal Transferor, to Daniel Foust, Transferee, for the property located at 4806 Strawberry Road, and further described as Tract 1, A Rocking Bar Subdivision. The application was submitted by Daniel Foust, 4806 Strawberry Road., Kenai, Alaska 99611 Planning Assistant Anderson reviewed the staff report, which was provided in the packet, noting 74 ____________________________________________________________________________________ Planning and Zoning Commission Meeting February 14, 2018 Page 3 of 5 it was a greenhouse that was being transferred from the current owner to her son and, based on her review, approval was recommended with the following conditions: • Applicant must comply with all Federal, State, and local regulations; • Applicant shall file an annual report for the Conditional Use Permit set forth in Kenai Municipal Code 14.20.150(f); • If there is a change of use for the above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5). MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2018-04 with staff recommendations and Commissioner Halstead SECONDED the motion. It was clarified that no complaints were on file. VOTE: YEA: Fikes, Askin, Greenberg, Twait, Springer, Peterson, Halstead NAY: MOTION PASSED UNANIMOUSLY. b. Resolution PZ2017-30 - Review of Completeness Review of the application submitted by Dr. Vern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant to Kenai Municipal Code 14.20.152 AND consider scheduling the application for a Public Hearing. Said application affects property located at 4905 Silver Salmon Dr., and further described as a portion of Government Lots 1 and 9, and a portion of the NE ¼ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136) City Manager Ostrander reviewed his memo, which was provided in the packet, noting a public hearing had been expected to be scheduled for October 25, 2017 and, because the applicant hadn’t submitted the requested information in the past four months, it was recommended the Commission amend the motion to set a deadline so the application didn’t sit in perpetuity. It was noted the applicant had requested the deadline of May 14, 2018. MOTION TO AMEND SOMETHING PREVIOUSLY ADOPTED: Commissioner Halstead MOVED to amend a motion previously adopted by requiring the requested additional information be submitted by May 14, 2018 and Commissioner Askin SECONDED the motion. Dates of receipt of additional information, public noticing requirements, public hearing dates, and inability to deny the application without a complete application were discussed. It was noted that if the application was not complete by the deadline given, the Commission could go forward with a public hearing at that time and approve or reject based on information the Commission had. 75 ____________________________________________________________________________________ Planning and Zoning Commission Meeting February 14, 2018 Page 4 of 5 MOTION TO AMEND THE AMENDMENT: Commissioner Fikes MOVED to amend by changing the May 14, 2018 deadline to March 14, 2018 and Commissioner Halstead SECONDED the motion. Commission options and timeframes were discussed. VOTE TO AMEND THE AMENDMENT: YEA: Fikes NAY: Askin, Greenberg, Twait, Springer, Peterson, Halstead MOTION FAILED . VOTE ON THE AMENDMENT: YEA: Fikes, Askin, Greenberg, Twait, Springer, Peterson, Halstead NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND SOMETHING PREVIOUSLY ADOPTED: Commissioner Springer MOVED to amend a motion previously adopted by changing the requirement that the next completeness review would be conducted by the Planning and Zoning Commission and Commissioner Askin SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Fikes, Askin, Greenberg, Twait, Springer, Peterson, Halstead NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None 10. REPORTS: a. City Council – Council Member Knackstedt reviewed the action agenda from the February 7 City Council meeting; b. Borough Planning –Commissioner Fikes reported that, at the Kenai Peninsula Borough Planning & Zoning Commission meeting on February 12, the Commission approved six plats and held a public hearing and approved a Right-of-Way vacation; also considered and adopted an anadromous water district resolution. Further reported that a task force to hear information from public and administration regarding gravel pits in the borough had been developed. c. Administration – City Manager Ostrander reported on the following: 76 ____________________________________________________________________________________ Planning and Zoning Commission Meeting February 14, 2018 Page 5 of 5 • Recruitment had begun for a City Planner; • The budget process was ongoing; • Had received the remainder of funds from the sale of the Dragseth mansion sale and the intent was to utilize funds for improvements to South Beach if the grant could be expanded; • Bluff Erosion Project director report was due late April 2018 but the federal budget being under continuing resolution, the Corps of Engineers was unable to reprogram funds and, if that continued we would see a slipped deadline. 11. ADDITIONAL PUBLIC COMMENT: (3 Minutes) None. 12. INFORMATIONAL ITEMS – None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: February 28, 2018 14. COMMISSION COMMENTS & QUESTIONS Commissioner Halstead asked for clarification regarding the Beaver Loop Road project comments and who could better help the residents; suggested the City Manager find out and disseminate information. Commissioner Greenberg suggested another meeting be held by the Alaska Department of Transportation on the Beaver Loop Road project. Commissioner Peterson thanked staff for assistance, appreciated the new Commission roster, and thanked the Council Liaison for his report. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:15 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC City Clerk 77 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 28, 2018 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA http://www.kenai.city 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 the Allegiance. b. Roll Call Commissioners present: Chair J. Twait, Vice-Chair R. Springer, J. Halstead, K. Peterson, D. Fikes, V. Askin Commissioners absent: G. Greenberg Staff/Council Liaison present: City Manager P. Ostrander, Deputy Clerk J. Kennedy, Planning Assistant W. Anderson, 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. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. e. *Excused absences – Gary Greenberg 78 ____________________________________________________________________________________ Planning and Zoning Commission Meeting February 28, 2018 Page 2 of 5 2. *APPROVAL OF MINUTES: None. 3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. Resolution PZ2018-03 - Application for a Conditional Use Permit to operate an approximately 498 square-foot Marijuana Cultivation Facility, Limited, within an existing approximately 1,252 square foot attached garage; located on the property known as 1817 Sunset Blvd., Kenai, AK 99611, and further described as G. L. 5, Section 26, Township 6 North, Range 12 West. Application submitted by: Jennifer Huffman, d/b/a Grateful Buds LLC, 40095 Lamont St., Kenai, Alaska 99611 City Manager Ostrander reviewed the staff report, which was provided in the packet, noting the subject parcel is bound on the West by Cook Inlet, and on the North and South by single family residences, and on the East by undeveloped property adjacent to the Kenai Spur Highway. Based on the application and review by staff of the criteria required, approval was recommended with the following conditions: • Further development of the property shall conform to all State and local regulations; • A building permit will be required for the remodeling of the Commercial Marijuana Establishment as shown on the submitted floor plan; • Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall submit a copy of an approved Business License issued by the State of Alaska, Department of Commerce, Community and Economic Development; • Prior to operation of the Marijuana Cultivation Facility, Limited, the property owner shall submit a copy of the approved and fully executed license for the Marijuana Cultivation Facility, Limited. The applicant shall comply with all regulations as stipulated by the State of Alaska Marijuana Control Board; • There are to be no signs placed on the subject parcel or on the subject Commercial Marijuana Establishment, which advertise its use on the property; • All security lighting for the Commercial Marijuana shall be downcast and shielded; • At no time shall the Commercial Marijuana Establishment (CME) be open to the public, nor shall the CME be accessible by the public; • Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana Establishment shall not emit an odor that is detectable by the public from outside the Commercial Marijuana Establishment; and • Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an Annual Report to the City of Kenai. Chairman Twait opened the floor for public testimony. Nathan Brass, resident since 2004, next door neighbor to the proposed establishment, expressed opposition. He noted that he did not see anything posted about this until seeing the new sign posted. He noted there were already several marijuana establishments, retail or cultivation 79 ____________________________________________________________________________________ Planning and Zoning Commission Meeting February 28, 2018 Page 3 of 5 facilities being set up in the community. He explained that right next to the dwelling, he owns the two lots. He noted that across the highway a marijuana edibles facility would also be developed. It was noted that the proposed property was purchased in October, yet the LLC license was established in July. Brass explained that they had a house fire last year and if they had known since the purchase of that property it was intended to be a marijuana cultivation facility, he would not have re-built his home and instead built on their property in Kasilof. Brass expressed concern that this would lower their house value as they intended to put it on the market next year. It was further expressed that too many marijuana establishments are being developed in residential areas. With there being no one else wishing to be heard, public comment was closed. It was noted that the Commission was bound by City Ordinance and if all requirements were met, it was their obligation to support it. There was question as to the number of facilities being created and the demand to support them. It was expressed that although some commissioner’s personal opinions were indifferent, they were bound by City code. It was noted that it was of interest to bring before City Council a discussion regarding limiting the number of types of facilities in residential areas, at some point in near future. Ostrander clarified that there was no limit in code of how many establishments could be in an area, just the requirements on the buffer distances as outlined in Kenai Municipal Code Section 14.20.330. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ2018-03 with staff recommendations and Commissioner Askin SECONDED the motion. MOTION TO AMEND: Commissioner Peterson MOVED to amend Resolution No. PZ2018-03 with changing the size of the facility to 500 ft. in all instances it appeared as presented; and Commissioner Halstead SECONDED the motion. VOTE ON AMENDMENT: YEA: Twait, Springer, Halstead, Peterson, Fikes, Askin NAY: MOTION PASSED UNANIMOUSLY. VOTE: YEA: Springer, Halstead, Peterson, Fikes, Askin, Twait NAY: Chairman Twait noted there was a 15-day appeal period. 80 ____________________________________________________________________________________ Planning and Zoning Commission Meeting February 28, 2018 Page 4 of 5 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council – Council Member Knackstedt reviewed the action agenda from the February 21 City Council meeting; it was clarified that the Overview of the Wastewater Treatment Plant by Sean Wedemeyer was removed from the Council agenda for a later presentation date. b. Borough Planning – Commissioner Fikes reviewed the agenda from the February 26 meeting as provided in the packet; noting there was a Homer elementary school site recommendation on the agenda as the current location was a residential home that was built on no foundation so the flooring was unstable and a new location was a priority. She reported that several community members, School Board members and staff were in attendance to that meeting. Commissioner Fikes stated the Borough sided with what was presented by staff, although further from town, it scored higher on the rating scale, most specifically, cost. They hoped to break ground in December 2018. Commissioner Peterson inquired about the controversial gravel pit in Nikiski. Commissioner Fikes stated that it had not come back before the Commission yet. It was clarified that it was proposed to be located across the Nikiski Recreation Center/Pool area. Adding that Alaska Department of Transportation was concerned about the ability to get doubles and single-hull trucks down that road and the unlikelihood of that area being able to accommodate it. c. Administration – City Manager Ostrander reported on the following: • The previous Spur Motel, located on Evergreen Street had new owners and would be submitting a building permit soon with plans to completely renovate the building; • Met with Alaska Gas Line Development Corporation regarding the Kenai Spur Highway relocation and possible waterline extension to the Liquid Natural Gas facility; • The airport terminal renovations bid for renovating interior and exterior was expected in near future; • Bluff Erosion – there was movement on funding, progress made, and should see results soon; • Consultant with Borough Comprehensive Plan wanted to have a work session with the Planning and Zoning Commission. 11. ADDITIONAL PUBLIC COMMENT – None. 12. INFORMATIONAL ITEMS – None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: March 14, 2018 14. COMMISSION COMMENTS & QUESTIONS Commissioner Peterson thanked City Manager Ostrander for providing the City Planning report, 81 ____________________________________________________________________________________ Planning and Zoning Commission Meeting February 28, 2018 Page 5 of 5 Councilor Knackstedt for his report and the audience for their attendance. It was clarified that the City Planner position recruitment would close this Friday; staff would then review applications, set up interviews and hopefully have a decision soon. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:39 p.m. Minutes prepared and submitted by: _____________________________ Jacquelyn Kennedy Deputy Clerk 82 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MARCH 7, 2018 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT LN CURTIS & SONS ARFFFOAM AIRPORT OPERATING SUPPLIES 6,750.00 LN CURTIS & SONS ARFF GEAR FOR 2 AIRPORT SMALL TOOLS 4,204.00 TRINITY GREENHOUSE SUMMER FLOWERS AIRPORT OPERATING SUPPLIES 3,084.91 YUKON EQUIPMENT BROOMS STREETS OPERATING SUPPLIES 5,180.40 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,500.00 AMAZON BOOKS LIBRARY BOOKS 3,000.00 MUL Tl-PURPOSE FERGUSON ENTERPRISES GAS FIRED TUBE HEATERS FACILITY CONSTRUCTION 4,220.40 83 -Fehnmn :1018 :-;c\,slt'ltrr --,1 Kenai H istorical Society P.O . Box t348 Kenai , Alaska 99611 Board of Directors: Officers: President-June Harris Vice Presid e nt -Virginia Wa lt e rs Secretary-Sharon Fi s he r Treasurer-Katherine Thom pson Joe Harris Betty Iclleman Bill Nelson Dave Th ompson Frosty Walters Preserving History I began takin g classes at t he local commun ity co ll ege shortly after I moved to the central Kenai Peninsula. Fo r several se- mes te rs I wa s a fu ll -time student, but th e n began taking part- t ime classes arou nd my working sch edule. Thus it took me eleven years to get a two -yea r degr ee, a nd I missed my gradu- atio n because the d ate co nfli cted with a Ke nai Peninsula H is- torical Soci ety meetin g . My motive in taking classes h ad little lo d o with a d egree since I co uld never decid e what I wa nted lo be when I grew up. I eventua lly came to co nsider my d egree was in "trivia tot", and felt it was the best use of a ll those hours and dollars th a t I could have made. My love of h is tory caused m e to take a number o f hi story and a nthropology clas- ses, but I also came to un dersta nd someth in g about myse l f that I bad not know be fo re-I loved natural sciences. I took whatever cla sses see med to appeal to me at the time, and eventually whatever classes were offered by some of my favor- ite professors: Dr. Alan Boraas, Boyd Shaffer, a nd La nce Pe- terson. I canno t re member th e name of a teache r o f h is tory, but th roug h hi m I probably learned mo re about world history in one semester th an in all the other history classes I'd ever taken combined. Years la ter, my interest in life is still s purred by the opportunity to continu e to lea rn . IN SIDE THIS ISSUE: • PllESERVING HISfORY •THE KENA IPENTNSUl.J\ COMMUN llY COLLEGE hy Darlene Ghcrkc in a 1975 Kenai 11 igh School project ~Narratives of I.he Kenai - Soldotna Community" • ANNOUNCEMENTS ••••••••••••••• KENAI HISTORICAL SOCTE1Y NEWS l..ErfER Written by Sharon Fisher U you wou ld li ke to contribute ideas and information lo the newsletter, please contact me at 776-8254. I we lcome and would ent ertain any ideas you may have for articles, and would appreciate being contacted if you sec errors in the information con- tained in the news lcllcr. .. • 84 140 THE KENAI PENINSULA COMMUNITY COLLEGE by Darlene Gehrke The Kenai Peninsula Conmunity College began fn 1963 and offered classes for adults with all programs fn the evening. The Peninsula Borough SChool Dtstrtct agreed to let the Conlllunity Colle,e use the schools throughout the peninsula, free of charge. The Kenai Peninsula Cmmun1ty College is one of the largest com- munity colleges fn the University of Alaska College system. The col- lege offers; one course in adult basic education, one in anthropology, six tn history, one in home health, one in journalism, three fn music, two in physical education, one in polttfcal science, four in psycholopy one in sociology, one in speech, two in theatre procedure, one in aviation technology, eight in business adm1ntstrat1on, sixteen in of- fice management, thirteen in electronics technology, five in petroleum technology, two in police administration, three fn water wastewater, one in welding, two in biology, two in chemistry, one 1n geology, and three fn mathematics. In addition the college offers several workshops and seminars durf np the spring semester. The classes offered are on the freshmen and soph- omore level. The college campus is located off the Kalifonsky Beach Road ap- proximately three miles from Soldotna Bridge and is equidistant between Kenai and Soldotna. The Mclane Building The first Kenai Peninsula Coamunity College building was named in honor of Enid s. Mclane. . ~ u ! I - u LJ j u J j Ll J LJ J J .~ J J J J J 85 • I ~ i ... I • I ' I I • ~ u I : ~ - I • I I i..J j i I . .... u I I I ! ~ : I w I I ' w Ll u ~ I • I w I : .... I ~ u Enid Stryker was bom in Redmond, Washington and educated at bell fngham Normal School. She came to Ninilchik in 1920 to teach. Two years later Enid married Archie P. Mclane. They homesteaded in Kasilof from 1932 to 1938, and at Kenai from 1942 to 1!145. She again taught at Kas11of in 1949 lmt11 her retiraEnt in 1961. She is the mther of three children and has ten grandchildren and a areat granchild. Mrs. Mclane started the Kastlof Library and Kasilof Museum, and taught at the Kenai Peninsula Collllmmity College. She is now active in the Kenai Historical Society and the Retired Teachers Assocf atton. In 1970 there was a bond issue of 1.5 million to the Board of Regents to start construction of the Enid S. Mclane Building. It was completed in October, 1972. A dedication ceremony of the facility was held with graduation exercises at 3 p.m. Saturday, May 12, 1973. The building fs a single-story building of brick facing, with a two- story mechanical structure. It contains a library, classrooms, a science 1 aboratory and off f ces. The Goodrich Building The second building of the Kenai Peninsula Comnunity College was named for Clarence E. Goodrich. Clarence and his wife, Anna, came to Alaska in the fall of 1956 to see their grandchildren and to retire. They had on·e son, David, who was attending the University of Alaska. Another son, Knight, was living in Anchorage with his family. Before the Goodriches came to Alaska, Clarence was a general building contractor in California. He has a background of Architectural training 141 86 142 and engineering from the University of southern talifornfa. He also attended the College of Husic at the University. Mr. Goodrich is a World War I veteran and a member of the American Legion. He does veterans service work on both medical and veterans loans. In 1972, a bond issue of $750,000 was passed to begin construction of the Goodrich Building. The Clarence E. Goodrich Building was dedicated flay '· 1975. Hr. Goodrich aided in acquiring 508 acres of land for the co 11 ege campus. No campus fn the state has been able to acquire that much land without buying it.· Clarence and Anna donated 160 acres to the University of Alaska in 1973. The land was first owned by their daughter. Francis Damon. Clarence donated her land in memorial of Francis and her son, Larry. who were killed during the 1964 earhtquake. The homestead is located across the road from the college near the highway. Hr. Goodrich then established the Francis Damon Foundation to provide scholarships for University of Alaska students. The Phase III Building The Phase II I Building was designed in 1974 by Ken Minyard. The associate architect was Howard Partch. The building was completed in June, 1976. This building housed a library and a multiple use area that can be partitioned into four classes or two large classrooms. The buildina is .. 650,000 spuare feet in area. The cost was approximately $850.000. It is called the Phase III Building because there has not been a name for it. yet. The building will be given a name when the dedication ceremony ts held. u u J J J u j u u u u u u J J J J u u 87 : . I , I..! i : L.; Bib 1 iography I : : , •eonege Bldg. To Be Name For Goodrich". Cheechato News, Soldotna, : . - I I I : ' ' - ' ' ' i .... l I I . - , • j - ' . ~ i l..i - . I I I I • - I I • ! '. I - ~ ~ ' . ' , - . ' • i - i ; I • - , I I - - ~ I I • - 5/1/75. "Six to Receive Degrees Tonight11 , Anchorage Daily Times. Anchorage, 5/7/75. 11 Kenai Brockel Honored•, Anchorage Datly Times, Anchorage, 5/9/76. "Water Plant Operators Complete Kenai Course 11 , Anchorage Daily Times, Anchorage. "Dedication of the Enid s. Mclane Bldg.•, CoammitY College Information Pubilcation, Anchorage, 4/20/73. •Kenai Peninsula Connunity College Spring Semester 1977--Schedule of Classes", Comunity College Information Publfcatfon, Anchorage. Acknowledgements to: Mr. Clarence E. Goodrich, Dr. dohn Wilsey, and Mr. Tom Wagner. 143 88 K£NAJ H ISTORJCSOClcl"'I' Our e>rwirma1ion Tiierc h.'IS been n I hstoric Soc-icty since 1he dnys before Kcnni becom- ing a city. ·n.e Society w;as fonncd 11 flow years bd'on: Stolchood in 1959, aml 1l~n "Cnl irmcth't' In 1he CM!y 60'!1.. II ~tnrtt'tl in 1he !:Iller part of 1hc 6o's and h:\s mcl l'l'gularly smcc. TI1c Society had :i museum in l'ort KcnQy for some )'t'ars, nnd then continued 10 mrt1 nficr 1hnt clOM.'tl. ·me 11011 ·11rofi1 Sociriy i111plcmc111l'tl nntl opcml cs the Kcnni llis1orir Q1hi1t~ Pnrk, opun for tou n; in lhc s11111111or 111011th R. We hnvo 01'11c1: 8pn<·c 11t 1hc Moo,c111 c111 .foh11 1'n hl11 , bul nrc 1101 open to th e p11hli 1· in thnt building. Our memlK'r m eeting..~ are Scpl ., NO\'., Dec., .Jan., l'cb., Mor .. and April at lhe Kena! ViHi1or Cc111cr. l'or Oct. and Mii)'. we mret "i1h 1hc Kerllli l'cnin.'"l1l11 Iii.' toricnl Nooria1lon. l'le3SC check thc Meet - ings and Announttments sec1ion on this p;IKC for d.ite infonnation. Kenai I listoric Society P.O. Box 1348 Ke nai , AK 996 11 Phon e: 283-194 6 Phon e: n6-8254 E-mni l: ak.k·yaker@y.ihOO.C(lln www.facchook.com/Kcnai· 1 listoric:al..SOCicly MEETINGS AND ANNOUNCEMENTS Kenai His torical Society Monthly Meeting March 4 , 2018-1:30 p.m. Kenai Visitor Cente r 11 I "-"I l'L\l I SI \~II' 1111a 89 MARCH 7, 2018 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Remove Item G.2. Purchase Orders Exceeding $15,000 City Clerk Add to Item G.5. Ordinance No. 3011-2018 • Memo Requesting Postponement on 3/21 Council Member Molloy TO: FROM: DATE: "Vt11aje with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone : 907-283-7535 I FAX: 907-283-3014 www .kenai.city Mayor Gabriel, Council Members Boyle, Glendening, Knackstedt, Navarre, & Pettey Student Representative Gilmvan Council Member Molloy 4 March 7, 2018 SUBJECT: Ordinance No. 3011-2018 Amending KMC 14.20.290 -Appeals - Board of Adjustment This is to respectfully request that, after public hearing and any Council discussion at the Council Meeting of 3-21-18, the Council postpone Ordinance No. 3011-2018 to the first meeting of April, the 4-04-18 Council Meeting, or to a Jater meeting date when all seven (7) council members wil1 be present. Due to demands on my business, I am unable to attend the Co uncil Meeting of 3-21-18. I do have concerns about some of the language of the proposed amendment to paragraph (a), specifically the word "shows" in the portion: " ... shows that the decision of the administrative official or Commission has or could have an adverse effect on the legal occupant or owner's use or enjoyment of the property or on the value of the property interest asserted." I would like the opportunity to offer a suggested amendment, and explain the reasons for the suggested amendment. However, I will not be able to offer a suggested amendment until the packet is due for the 4-04-18 Council Meeting, and my explanation may have to be verbal. Ordinance No. 3011-2018 is not time sensitive. Thank you for the Council's consideration of my request for a postponement at the Council Meeting of 3-21-18. ACTION AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 7, 2018-6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai .city A. CALL TO ORDER 1. Pledge of Allegiance 2 . Roll Call 3 . Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B . SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Bob Frates, Parks & Recreation Director-Showcasing the New Interpretive Display Signs Created for the Wildlife Viewi ng Platform . 2. 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 1. ENACTED UNANIMOUSLY. Ordinance No. 3009-2018 -Increasing Estimated Revenues and Appropriations by $63 ,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. 2. ADOPTED UNANIMOUSLY. Resolution No. 2018-13 -Awarding a Professional Services Contract for Engineering of the Kenai Cemetery Expansion 2018 . 3. ADOPTED UNANIMOUSLY. Resolution No. 2018-14 • Requesting the Alaska Alcohol and Marijuana Control Office/Alcoholic Beverage Control Board Expeditiously Work with the Kenai Elks Lodge #2425 to Reinstate or Renew its Liquor License and Provide Improved Public Outreach and Communication Services . E . MINUTES Ken ai City Council Meeting March 7 , 20 18 Page 1 of 3 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of February 7, 2018 2 . APPROVED BY THE CONSENT AGENDA. *Regular Meeting of February 21 , 2018 F. UNFINISHED BUSINESS -None. G . NEW BUSI NESS 1. APPROVED BY THE CONSENT AGENDA. *Act ion/Approva l -Bills to be Ratified . 2 . REMOVED FROM THE AGENDA. *Action/Approval -Purchase Orders Exceeding $15,000. 3. APPROVED BY THE CONSENT AGENDA. *Act ion/Approval -Non-Objection to Liquor License Transfer for: • Kenai Joe's 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0312112018. *Ordinance No. 3010-2018 -Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. 5 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0312112018. *Ordinance No. 3011-2018 -Amend ing Kenai Municipal Code Section 14 .20.290 - Appeals -Board of Adjustment, to Amend Standing Requirements for Filing an Appeal , Filing Fee Waivers, Who Makes Initial Determinations on Standing , and Making Ot her Housekeeping Changes. 6 . IN TRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0312112018. *Ordinance No. 3012-2 018-Authorizing a Budget Transfer in the Municipal Roadway Improvements Capital Project Fund and Appropriating Funds Transferred from the Municipa l Roadway Improvements Capital Project Fund in the Personal Use Fishery Capital Project Fund for Projects Identified in the City's 2017 Personal Use Fishery Report. H. COMM ISSION/COMM ITTEE REPORTS 1. Council on Ag ing 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J . ADM I NISTRATION REPORTS 1 . City Manager 2 . City Attorney 3. City Clerk Kenai City Council Meeting Ma rch 7, 2018 Page 2 of 3 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -None . M. PENDING ITEMS -None. N. ADJOURNMENT *********************************************************************************************••••••• INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Kenai Historical Society Newsletter of February 2018 The agenda and supporting documents are posted on the City's website at www.kenai.citv. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231. Kenai City Coun cil Meeting Marc h 7 , 2018 Page 3 of 3 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE MARCH 7, 2018 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at the above-referenced meeting . 1. ENACTED UNANIMOUSLY. Ordinance No. 3009-2018-Increasing Estimated Revenues and Appropriations by $63,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. 2 . ADOPTED UNANIMOUSLY. Resolution No. 2018-13 -Awarding a Professional Services Contract for Engineering of the Kenai Cemetery Expansion 2018. 3. ADOPTED UNANIMOUSLY. Resolution No. 2018-14 -Requesting the Alaska Alcohol and Marijuana Control Office/Alcoholic Beverage Control Board Expeditiously Work with the Kenai Elks Lodge #2425 to Reinstate or Renew its Liquor License and Provide Improved Public Outreach and Communication Services. Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk. Please be advised , subject to legal limitations, ordinances and/or resolutions may have been amended by the Council prior to adoption without further public notice. NOTICE OF PUBLIC HEARING MARCH 7, 2018 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kenai wi ll conduct a p ublic hearing on the following Ordinance(s) and /or Resolution(s) on the above-noted meeting date : 1. Ordinance No. 3009-2018 -Increasing Estimated Revenues and Appropriations by $63,850 in the Water and Sewer Capital Project Fund for Projects Identified in the FY2018 Budget. 2. Reso l ution No. 20 18-13 -Awarding a Professional Services Contract for Engineering of the Kenai Cemetery Expansion 2018 . 3. Resolution No. 2018-14 • Requesting the Alaska Alcoho l and Marij uana Control Office/Alcoholic Beverage Control Board Expeditiously Work with the Kenai Elks Lodge #2425 to Reinstate or Renew its Liquor License and Provide Improved Public Outreach and Communication Services . The public hearing will commence at 6:00 p.m ., or as soon thereafter as business permits, in the Kenai City Council Chambers , 210 Fidalgo Avenue, Kenai , Alaska , 99611. All i nterested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 21 O Fida Igo Avenue, Kenai, AK, 99611.