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Home My WebLink About2018-03-21 Council Packet KENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 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) C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.PUBLIC HEARINGS D.1.Ordinance No. 3010-2018 - Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. (City Clerk) Ordinance No. 3010-2018.pdf D.2.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. (Council Members Pettey and Knackstedt) Ordinance No. 3011-2018.pdf D.3.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. (Administration) Ordinance No. 3012-2018.pdf D.4.Resolution No. 2018-15 – Consenting to Vacation of Certain Utility Easements within the Proposed Radar Subdivision 2017 Replat. (Administration) Resolution No. 2018-15.pdf D.5.Resolution No. 2018-16 – Authorizing the Purchase of Real Property Described as a Portion of Government Lot 7, Section Five (5), Township 5 North, Range 11 West, and Designated 1 Kenai City Council Meeting Page 2 March 21, 2018 as Kenai Peninsula Borough Parcel Number 047-119-01, from Lancet Ann Boyer Trust and James E. Johnson Revocable Trust, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will Not be Served by an Appraisal. (Administration) Resolution No. 2018-16.pdf D.6.Resolution No. 2018-17 – Approving an Award of a Professional Services Contract for Engineering the Peninsula Avenue Bluff Erosion Design 2018. (Administration) Resolution No. 2018-17.pdf E.MINUTES E.1.*Regular Meeting of March 7, 2018 03-07-18 Council Minutes - DRAFT.pdf F.UNFINISHED BUSINESS 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. Purchase Orders over $15,000.pdf G.3.Action/Approval – Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk, and City Manager. Calendars.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 H.6.Beautification Committee H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR 2 Kenai City Council Meeting Page 3 March 21, 2018 J.ADMINISTRATION REPORTS J.1.City Manager City Manager's Report.pdf Mid Month Reports.pdf J.2.City Attorney J.3.City Clerk K.ADDITIONAL PUBLIC COMMENT K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker) K.2.Council Comments L.EXECUTIVE SESSION M.PENDING ITEMS INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 - $15,000.pdf Kenai Watershed Forum Sponsorship Request Kenai Watershed Forum.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: 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. 4 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 5 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. 6 7 8 _____________________________________________________________________________________ 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: 9 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 10 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- 11 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: 12 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 13 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. 14 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 15 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. 16 17 _____________________________________________________________________________________ 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 18 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 19 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. 20 _____________________________________________________________________________________ Sponsored by: City Manager CITY OF KENAI RESOLUTION NO. 2018-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONSENTING TO VACATION OF CERTAIN UTILITY EASEMENTS WITHIN THE PROPOSED RADAR SUBDIVISION 2017 REPLAT. WHEREAS, on December 13, 2017, by Resolution No. PZ2017-36, the Planning and Zoning Commission of the City of Kenai recommended that the Kenai Peninsula Borough Planning Commission approve RADAR SUBDIVISION 2017 REPLAT with vacation of certain Utility Easements; and, WHEREAS, on January 8, 2018, the Kenai Peninsula Borough Planning Commission met and approved the Preliminary Plat and Utility Easement Vacation consistent with the recommendation of the Planning and Zoning Commission for the City of Kenai; and, WHEREAS, pursuant to Kenai Municipal Code Section 22.05.110(b) – Determination as to Need for Public Use. Vacation of rights-of-way or easements which may be determined by resolution, which shall contain the new public use for which the property is to be dedicated or the reason the land is no longer needed for public use; and, WHEREAS, ACS, GCI, ENSTAR Natural Gas and Homer Electric Association have submitted statements to the Kenai Peninsula Borough which offer no objection to the removal of these Utility Easements; and, WHEREAS, the Utility Easements listed below are no longer needed for a public use as there is an existing ten foot (10’) Utility Easement located along the perimeter of the proposed Lot One- A, Block Four, RADAR SUBDIVISION 2017 REPLAT. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That following Utility Easements, within the RADAR SUBDIVISION 2017 REPLAT, within the City of Kenai are no longer needed for a public use and that the Council of the City of Kenai consents to these vacations: a) Vacate a ten foot (10’) wide Utility Easement along the Westerly boundary of Lots One through (1-4), Block Four (4); Radar Subdivision, Plat No. K-706, and b) Vacate a ten foot (10’) wide Utility Easement along the Easterly boundary of Lot Five (5), Block Four (4), Radar Subdivision, Plat No. K-706 Section 2. That this resolution takes effect immediately upon adoption. 21 Resolution No. 2018-15 Page 2 of 2 ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, City Clerk 22 ~OO~D;,O~~j~i!\~~--@~&Lr __ --+--1 \ // ___ \~----\ J I ~ 1) OC'IEl.OPMENT OF THIS PARCEL IS SUBXCT TO THE C1TY OF KENAI ZONING STANDARDS. 2) NO PRIVATE ACCESS TO STATE MAINTAINED RIGHT OF WAYS PERMITlEO UNLESS APPROVED BY THE STATE OF ALASKA DEPARTMENT Of TRANSPORTATION. 3) THIS IS A PAPER PlA T. A nEU> SURVEY WAS NOT CONDUCTED FOR THIS PLA Till<G ACTION. All BEARING ANO DISTANCES ARE FROM RECORD INFORMATION. 1) UTILITY EASEMENTS THAT ARE BEING VACATED BY THIS PLAT Yl!'RE APPROVED B Y THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF 2017. /\ f\--\\ \ i\ I \ 1\ I \ I \ \ I \ I V'o. : '~-t I \~ -1 \~ qi \ ?1 ', ~~ "'I ' :.>-,. 11?1 ·' ~ ~I \ r ~ \ \ --z... \ ~ ~ \ 1b~~ \ ~ ~ ~ ;;z_ ~ ,p NORTH \ \ 3) NO AOQ!TIONAL EASEMENTS ARE BEING GRANTED THIS PLAT. All EXISTING EASEMENTS ARE SHOW!< ANO NOTED ON THE ORAl'f\NG. NO PERMANENT STI1UCTURE SHALL BE CONSTRUCTED OR PLACED l'f\THIN A UTILITY EASEMENT WHICH WOULD INTERFERE l'f\TH THE ABILITY OF A UTILITY TO USE THE EASEMENT. IJllMSUBlOO'\QIDED I ' ~ I "" \ "'t.. \ -y~ \ \ <) WASTEWATER Q!SPOSAL· WASTEWATER Tl1EATMENT ANO DISPOSAL SYSTEMS MUST MEET THE REGULATORY REOLIREMENTS OF THE ALASKA DEPARTMENT OF (N"1RONMENTAL CONSERVATION. Pl.AT APPROVAL THIS Pt.AT WAS APPROVE() BY TH£ KENAI PENINSULA BOROUGH Pl.ANNING COMMISSION AT THE MEETING OF KENAI PENINSULA BOROUGH AUTHORIZED OFnC1Al I .._o"· ', z I /" \ 8 I '· \ d I ' ~ r ', ' I #-\ l ~· \ \ ;-!-//\ ,./ ~ v, _.,_'i \ N '(/)\, ~ \ t:; V;,'\ . '· LOT 1A \ / 1'>"6// ,.// \ \ 3 1/1" ALUM . MON . ~<_>,,);.,. BLOCK 4 \ J, ,< ")",. 1.132 AC. ~· \ ov/"'t--o'\ \ "{~..( ,")~~ ~" '> ~At..'"-"' 'i / \ 1™-Cll'C ~ll~E-24 (~RID / :S:f. \"-• ,. ?-z::,, ~· ,,.."" ~'% ,. 'Y // >..1 ,,..,.. ,.,..,.. ,. ~/,".}-~ ,.:_ ~ 1'.'~/,. ~ ,. ,.,~\), '" v ~'</,.'):'~~~':>· ~\ :f.,. , • .., '};" 0 ,. .,., Cl' /\ / \ / ·'),.; .1\'f' / ,. ,. '>~ ~1\\; ~o_. ,./ ~\\~ ~0 / U~'i' ~4 ,.,.,. \ ~ " /!8~0~U.. / ~--111~ / / / / CERTUICATE OF SURVEYOR I HEREBY CEB!lfY THAT I AM PBOPEBL Y REGISTERED ANO LICENSED TO PRACTICE LANO SURVEYING IN THE STATE or ALASKA. THIS Pl.AT REPRESENTS A SURVEY MADE BY ME OR UNDER MY OiRECT SUPER"1SION, THE MONUMENTS SHOW!< HEREON ACTUALLY EXIST AS DESCRIBED. ANO ALL DIMENSIONS ANO OTHER DETAILS ARE CORRECT TO THE NORMAL STANDARDS OF PRACTICE or LANO SURVEYORS IN THE STATE OF ALASKA. ?~~Ii~ ,~-~ ~~ !.~:·.~-~-*-:-:-:~. ~ i·····""iff""'W"'""~ ~?J-·· •• o~~/.fl Jb..~_o,.·.~.l·1 \7~.·~; 'l\~~;;,o;<,·.~~ .,,,,,,,'"llli: \ \ \ 3 1/1" ALUM. MON. Plat• ;~. Dote 2Q r~ __ M J N T VICINI TY MAP 1• • l MILE THIS~ CERTIFICffE OF OWUERSHIP AND DEDICATION YI!' HEREBY CERllfY THAT WE ARE THE Ov.tlERS or THE REAl PROPERTY SHOv.tl ANO DESCRIBED HEREON ANO THAT WE HEREBY ADOPT THIS PLAN or SUBOMSICN ANO BY OUR FREE CONSENT DEDICATE ALL RIGHTS-Of-WAY ANO PUBLIC AREAS TO PUBLIC USE ANO GRANT ALL EASE MENTS TO THE USE SHOWN. USA COATtS PO BOX 1686 KENAI , AK 99611 JOHNNA Oe:CRAY PO aox 1686 KENAI, AK 99611 NOTARY'S ACKllJl:KLEJ)fLJaJJJ:. res, USA COATES ACKNOYt\.EOGEO BEFORE ME Tl-tlS _DAY or ___ 20_ NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES __ 1iJ2rn:t:. S A Cl(NQ WLEPGMEJiI. F'OR: JOHNNA DeGRAY ACKNOWLEDGED BEFORE ME THIS _ DAY or ___ 20_ NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES __ KPB FILE No. RADAR SUBDIVISION 20 1 7 REPLAT A REPLAT Of' LOTS 1-5 BLOCI< 4 RADAR SUBOMSION (K-706) INCLUDING THE VACATION OF UTILITY EASEMENTS OWl<EBS: USA COATES PO BOX 1686 K(NAI, AK 99tU 1 JOHNNA OEGRAY PO BOX 1666 KENAI , AK 9961 1 LOCATED ..,THIN THE NE1/1 SECTION 26, T06N, R12W, SEWARD MERIDI AN, CITY OF KENAI, KENAI RECORDING DISTRICT, KENAI PENINSULA BOROUGH, ALASKA CONTAINING ---ACRES l~'l'E <iRI'I'Y SllRYKYR DI<'. 820 SET NET OB. l<ENAI. AK 99611 SURVEYORS JOe HO: 217225 SUfM:'r£D; H/A PHONE -(to7) 2&J-t047 rAX ---(to7) 2SJ-i011 ;it~)9Ul'W,....ollko.11et PLANNfAS DRAWN: prtQV_ 2, 2017 SH $CAL£: ,. -5Jf ~ I-m :I: >< w 23 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Willie Anderson, Planning Assistant DATE: March 12, 2018 SUBJECT: Resolution 2018-15– Consenting to the Vacation of Certain Utility Easements within the proposed Radar Subdivision 2017 Replat This memorandum introduces Resolutions 2018-15: Vacation of Certain Utility Easements within the proposed Radar Subdivision 2017 Replat. On December 13, 2017, the City of Kenai Planning & Zoning Commission passed Resolution PZ2017-36, recommending approval of the preliminary plat of Radar Subdivision 2017 Replat. This plat reconfigures Lots One through Five (1 – 5), Block Four (4), Radar Subdivision, according to Plat No. K-706, into a larger parcel to be described as Lot One A (1A), Block Four (4), Radar Subdivision 2017 Replat. The resulting parcel would be approximately 1.432 acres and would meet the minimum lot size for the Heavy Industrial zone. Access to the reconfigured Lot One A (1A), Block Four (4), Radar Subdivision 2017 Replat is provided by the Kenai Spur Highway which is a paved State maintained road. The proposed plat shows a right-of-way for Ninilchik Drive; however, this is an unimproved right- of-way and cannot be used for access to the lot until it is developed to City of Kenai road standards. Connections to the City Water and Sewer services are not available to this parcel. The applicant’s construction drawings indicate that the applicant intends to drill a well and install a private DEC approved septic system. An installation agreement is not required. The applicant has requested to vacate a ten foot (10’) utility easement along the Westerly boundary of Lots One through Four (1 - 4), Block Four (4), and along the Easterly boundary of Lot Five (5), Block Four (4), Radar Subdivision. A ten foot (10’) utility will be dedicated along the perimeter of Lot One A (1A), Block Four (4), Radar Subdivision 2017 Replat. The utility companies: namely, ACS, GCI, Enstar Natural Gas and Homer Electric Association have submitted statements to the Kenai Peninsula Borough, which offer no objection to the removal of the Utility Easements. Thank you for your consideration. 24 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS A PORTION OF GOVERNMENT LOT 7, SECTION FIVE (5), TOWNSHIP 5 NORTH, RANGE 11 WEST, AND DESIGNATED AS KENAI PENINSULA BOROUGH PARCEL NUMBER 047-119-01, FROM THE LANCET ANN BOYER TRUST AND JAMES E. JOHNSON REVOCABLE TRUST, FOR THE PUBLIC PURPOSE OF INCLUDING THE PROPERTY IN THE BLUFF EROSION RESTORATION PROJECT AND DETERMINING THAT PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL. WHEREAS, the subject real property is described as: PTN GL 7 BEGIN @ SW CORNER LT 2 BLK 7 EAST ADDN TH S 0 DEG 8'E 302.6 FT TO POB TH S 0 DEG 8'E 202.77 FT TH N 60 DEG 30'E 15 3.33 FT TH N 65 DEG 45'E 590.7 FT TH N25 DEG E 419.79 FT TH N 0 DEG 7'W 80.79 FT TH S 89 DEG 53'20"W 497.46 FT TH S 5 DEG 33'15"E 28. 47 FT TH S 61 DEG 39'30"W 216.93 FT TH S 65 DEG 6'W 105.98 FT TH S66 DEG 40'30"W 322.9 FT & THE POB, SECTION FIVE (5), TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA. WHEREAS, the total purchase price for the subject parcel containing approximately 4.38 acres is $4,200.00, plus estimated closing costs of $510; and, WHEREAS, pursuant to Kenai Municipal Code 22.05.135(a) the City may acquire property needed for a public use on such terms and conditions as the Council shall determine; however, no purchase shall be made until a qualified appraiser has appraised the property and given the Council and independent opinion as to the full and true value thereof unless the Council, upon resolution so finding, determines that the public interest will not be served by an appraisal; and, WHEREAS, the City Council has authorized the City Manager to enter into negotiations with property owners whose parcels have been identified by the Department of the Army, Corps of Engineers as being needed for the construction of erosion-control structures or to provide permanent access to support the bluff stabilization project and the public interest would not be served by an appraisal; and, WHEREAS, the Lower Kenai River has eroded the Kenai River Bluff through the Original Town- site of Kenai at an estimated rate of three feet per year, causing the loss of public and private infrastructure, buildings, and lands; and, WHEREAS, the subject parcel will be included in the project to stabilize the erosion of the bluff at the mouth of Kenai River; and, WHEREAS, funds are available for the subject parcel purchase through Legislative Grant 12-DC- 377. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council hereby authorizes the City Manager to purchase the real property known as a Portion of Government Lot Seven (7), Section Five (5), Township 5 North, Range 11 West, (Kenai Peninsula Borough No. 047-119-01) for the total purchase price of 25 Resolution No. 2018-16 Page 2 of 2 $4,200.00 plus estimated closing costs of $510, on a form approved by the City Attorney, to be retained by the City for public use. Section 2. That the Kenai City Council further finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition for the total purchase price of $4,200.00 plus estimated closing costs of $510, in accordance with the recitals above which are incorporated herein. Section 3. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, City Clerk 26 27 28 29 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Willie Anderson, Planning Assistant DATE: March 12, 2018 SUBJECT: Resolution No. 2018-16 – Purchasing property in the bluff restoration project ______________________________________________________________________ This memorandum provides additional information in support of Resolution No. 2018-16. The proposed Resolution, would appropriate funding for the purchase of real property described as a Portion of Government Lot Seven (7), Section Five (5), Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska consisting of approximately 4.38 acres (Kenai Peninsula Borough Parcel No. 047-119-01) The subject parcel is located along the Kenai River bluff, and has experienced erosion on the Kenai River Bluff. The subject parcel has been identified by the Department of Army, Corps of Engineers as being needed for the construction of erosion-control structures or to provide permanent access to support the bluff stabilization project. The agreed upon purchase price as negotiated with Lancet Ann Boyer and James E. Johnson Revocable Trust, is $4,200 with estimated closing costs of $510.00. Funding for the purchase will be provided through Legislative Grant 12-DC-377. Attached, please find an aerial photograph identifying the subject parcel. Thank you for your consideration. 30 31 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AN AWARD OF A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING THE PENINSULA AVENUE BLUFF EROSION DESIGN 2018 WHEREAS, on March 7, 2018 proposals for engineering the Peninsula Avenue Bluff Erosion Design 2018, were received from Wince-Corthell-Bryson, Larson Engineering & Design, and P.C., Nelson Engineering, PC.; and, WHEREAS, Larson Engineering & Design, P.C., submitted the lowest responsive cost proposal; and, WHEREAS, award of the cost proposal would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the agreement to Larson Engineering & Design, P.C. for the total cost of $19,670.00; and, WHEREAS, sufficient monies are appropriated through Legislative Grant 12-DC-377. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute an agreement for the project entitled “Peninsula Ave Bluff Erosion Design” to Larson Engineering & Design, P.C. for the cost proposal amount of $19,670.00. Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, City Clerk 32 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mike Wesson, Acting Public Works Director DATE: March 8, 2018 SUBJECT: Resolution No. 2018-17 - Awarding a contract to design Peninsula Avenue Bluff Erosion project ____________________________________________________________________________ The purpose of this memo is to recommend adoption of a resolution awarding a contract to design the Peninsula Ave Bluff Erosion project. The following proposals were opened on March 7, 2018. Scope of work to install a buried culvert and related appurtenances including a headwall at the top inlet and energy dissipation at the outlet to prevent future erosion due to overland flow. Long term erosion from the waves/wakes in the river during high tide shall not be considered as part of this design. There are sufficient funds appropriated in this project account. Firm Cost Proposal Wince Corthell Bryson 24,700.00 Larson Engineering & Design, P.C. 19,670.00 Nelson Engineering, PC 23,800.00 33 KENAI CITY COUNCIL – REGULAR MEETING MARCH 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 March 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 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 G.2. Purchase Orders Exceeding $15,000 Add to Item G.5. Ordinance No. 3011-2018 • Memo Requesting Postponement 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. 34 City of Kenai Council Meeting Page 2 of 7 March 7, 2018 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. Bob Frates, Parks & Recreation Director – Showcasing the New Interpretive Display Signs Created for the Wildlife Viewing Platform. Parks and Recreation Department Director, Bob Frates, showcased the display signs made for the wildlife viewing platform, explaining the process and noting Parks and Recreation Commissioner, Joe Halstead, designed the signs. 2. Dean Williams, Commissioner, Alaska Department of Corrections – Wildwood Correctional Work Release Program. Alaska Department of Corrections Commissioner, Dean Williams, explained he wanted to start a conversation regarding improving public safety and a potential for an increase in employment in the community and provided an overview of the work release program he is proposing. He explained the program would help reduce recidivism, the tendency for a convicted criminal to reoffend, by giving them self-worth and something to lose. He noted the only prisoners allowed to be on the work release program were those at the end of their sentence and would be on electronic monitoring living at the facility, as transporting them back and forth to the prison put them at risk for being leveraged by other prisoners for contraband, etc. He pointed out the prisoners were being released back into the community at the end of their sentence one way or the other and statistics showed recidivism was reduced significantly when they had the opportunity to immediately make a living; pointed out that Kenai was uniquely situated for the project with the prison and canneries both being local. B. UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS 35 City of Kenai Council Meeting Page 3 of 7 March 7, 2018 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. MOTION: Council Member Molloy MOVED to enact Ordinance 3009-2018 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided the funds were already budgeted, needed appropriated, and funding was sufficient based on estimates received. It was further clarified most of the work would be accomplished internally, except the lift station in Inlet Woods may be contracted. VOTE: YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Glendening NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2018-13 – Awarding a Professional Services Contract for Engineering of the Kenai Cemetery Expansion 2018. MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-13 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 clarified the initial conceptual design was being utilized and this contract was for a parking lot and well to complete the civil engineering design, so construction could begin hopefully in summer 2018. VOTE: There being no objections, SO ORDERED. 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. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2018-14 and the motion was SECONDED by Council Member Glendening. UNANIMOUS CONSENT was requested. 36 City of Kenai Council Meeting Page 4 of 7 March 7, 2018 Mayor Gabriel opened the public hearing. Mary Jackson, President of the Kenai Elks Corporation, thanked the attorney for his assistance with drafting the resolution and picking up on and adding the whereas clause which noted the Alcohol Beverage Control Board had denied reinstatement or renewal prior to the local governing bodies issuances of non-objections to the reinstatement or renewal. Ms. Jackson also recounted difficulties with communicating with Alcohol and Marijuana Control Office staff and errors made throughout the process. There being no one else wishing to be heard, public comment was closed. Scholarships provided by the local Elks organization and youth and citizen involvement in the community were topics discussed; administration was asked to follow up with individuals receiving the resolution. It was noted time was of the essence because not having the license caused a reduction in income to the lodge. Anger was expressed noting it was wrong for state agencies to treat its customers, citizens, and businesses in a manner where the agencies don’t care what harm is done to them because of procedural errors; also noting the Board only meeting four times a year didn’t set up a system to speed the application processes along. It was suggested that if the recommendation was to deny the application anyway, the organization shouldn’t have been made to go through the process. It was also noted Alaska Statute Title 4 needed addressed by the governor and legislators in favor of positive changes. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.*Regular Meeting of February 7, 2018 Approved by the consent agenda. 2.*Regular Meeting of February 21, 2018 Approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Removed from the agenda during approval of the agenda. 3. *Action/Approval – Non-Objection to Liquor License Transfer for: 37 City of Kenai Council Meeting Page 5 of 7 March 7, 2018 • Kenai Joe’s Approved by the consent agenda. 4. *Ordinance No. 3010-2018 - Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. Introduced by the consent agenda and public hearing set for March 21, 2018. 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. Introduced by the consent agenda and public hearing set for March 21, 2018. 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. Introduced by the consent agenda and public hearing set for March 21, 2018. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – A reminder was provided to the body regarding the upcoming March for Meals fundraiser and the next meeting had been cancelled. 2. Airport Commission – No report; next meeting cancelled. 3. Harbor Commission – No report; next meeting March 12. 4. Parks and Recreation Commission – It was reported there wasn’t a quorum for the meeting, but the Commission was still able to hold their work session on Capital Project goals; next meeting April 5. 5. Planning and Zoning Commission – It was reported that on February 28, the Commission approved a Cultivation Facility - Limited and discussed the possibility of recommending an ordinance to limit the number of marijuana operations allowed in the City. It was also reported a Work Session was being held on March 14 to review the Kenai Peninsula Borough Comprehensive Plan; next meeting March 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: 38 City of Kenai Council Meeting Page 6 of 7 March 7, 2018 • Jessica Perry had been the winner of a Prudential Spirit of Community Award and Maize Potton had been identified as a distinguished finalist; • Visited the PacStar processing plant to see the work release program and noted the additional staff helped to bring fish to Kenai to be processed as opposed to other locations which was beneficial to increase local shared fish tax; • Spent the day rating the Caring for the Kenai submittals noting the contestants would be refining their submissions and a final presentation would be held in April; • Noted the upcoming Choose Respect Walk and requested all non-critical City staff be granted extra time at lunch to participate in the walk; • Planned to attend the upcoming Board of Fish meeting where reconsideration was taking place to consider rotating their meetings. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Toured the PacStar fish processing plant noting its impressive operation; • Had been on the local radio station regarding the Eagle Cam noting the Wildlife Refuge had donated a blog and information on the birds to the Chamber; • Discussed the feasibility of extension of water services to be able to provide water to the Liquid Natural Gas plant noting if the Alaska Gas line Development Corporation wanted to pursue it, the City’s residents would not see negative impacts; • Attended the Board of Fisheries meeting and met with Board members noting sufficient venues was a concern the Board had but he had conversations with local entities and the concern had been alleviated; • Public Works director resigned; wished him well; • Bluff Erosion Project had made it through the Office of Management and Budget and should see approval within weeks; April 30 deadline might be missed; planning team will be putting new milestones in place; • Flying to Texas to watch Allie race and the NCAA championships. 2. City Attorney – No report. 3. City Clerk – J. Heinz reported survey responses were coming in regarding dipnet vendors; also reported a new vendor had been secured for code publishing services and the online code would be changing over soon; added viewers would see more user-friendly transitions between chapters, sections, and content as well as features for sharing. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Vice Mayor Navarre noted he read a proclamation for the Mayor at Job Shadow Day recognizing businesses which provided the shadow opportunity for the students; thanked the body for support of Resolution No. 2018-14. 39 City of Kenai Council Meeting Page 7 of 7 March 7, 2018 Council Member Glendening noted he just returned from vacation; glad to be back. Council Member Boyle thanked the Public Works Director for his service and wished him well, thanked Commissioner Williams for his presentation, and wished Allie luck in her race. Councilor Molloy noted he would be absent on March 21 and requested postponement of Ordinance No. 3011-2018. Also noted a reception for Linda Swarner’s retirement from the Food Bank pointing out Ms. Swarner served on Kenai City Council for 21 years. Council Member Knackstedt noted Doctor Peter Hansen was receiving an award from the hospital for his service to the community; suggested Police Chief Ross be consulted regarding the work release program. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:03 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of March 7, 2018. _____________________________ Jamie Heinz, CMC City Clerk 40 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MARCH 21, 2018 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS PERS VARIOUS LIABILITY 89 ,906.21 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 130,300.16 ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 49,368 .76 INTEGRITY JANITORIAL FEB. SERVICE AT CITY HALL NON-DEPARTMENTAL REPAIR & MAINTENANCE 1,389.00 PRECIOUS JANITORIAL FEB. SERVICE AT LIBRARY LIBRARY REPAIR & MAINTENANCE 2,795.00 PRECIOUS JANITORIAL FEB. SERVICE AT TERMINAL AIRPORT REPAIR & MAINTENANCE 4,495.00 PRECIOUS JANITORIAL FEB. SERVICE AT POLICE POLICE REPAIR & MAINTENANCE 978.00 PRECIOUS JANITORIAL FEB. SERVICE AT VISITOR CENTER VISITOR CENTER REPAIR & MAINTENANCE 928.00 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. 41 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 21, 2018 VENDOR DESCRIPTION DEPT. INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O.# -DEPT. CROWLEY PETROLEUM FY18 DIESEL -OPS 113309 -AIRPORT SADLER PROPERTY 113314 -CONG. MAMAGEMENT FY18-EMERGENCY REPAIRS HOUSING ACCOUNT AMOUNT REASON AMOUNT TOTAL PO AMT COVER REMAINING WINTER 15,000.00 55 ,000.00 COVER REMAINING FY18 12,000.00 62,460 .00 42 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary L. Bondurant – Airport Manager DATE: March 8, 2018 SUBJECT: Increase to Purchase Order for Fuel The purpose of this memo is to request an increase of $15,000 to the purchase order to Crowley Fuel for equipment fuel. The major contributing factor to the increase of this purchase order is due to snow and ice control operations. The original purchase order was $40,000 for equipment fuel which has a balance now of approximately $3,200. We still potentially have another month of winter and four months remaining in this fiscal year. Please contact me if you have any questions. 43 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: March 12, 2018 SUBJECT: Purchase Order Increase to Sadler Property Management The purpose of this memo is to request an increase of $1,200 to the purchase order to Sadler Property Management (Contractor) for the FY18 Contractor’s Fee for Vintage Pointe Manor. The initial purchase order was as follows: FY18 Contractor’s Fee $58,450.08 Emergency Repairs 1,882.63 Repair Parts 927.29 Total $61,260.00 Emergency parts and repairs historically were paid through the department. The current contract dated October 1, 2016, allows these to be paid through the Contractor. As of March 1, there is $83.90 left on the purchase order to cover emergency parts/repairs. I am asking for the increase to cover the remainder of FY18. Thank you for your consideration. 44 45 46 FOR IMMEDIATE RELEASE New Literacy Program Launches at Kenai Municipal Airport Both airplanes and books have the ability to take people on journeys. Now with the help of a new reading program called Read On the Fly, children can take their imagination to the skies while traveling Alaska. On Friday, April 13th a group made up of representatives from the Kenai Municipal Airport, Kenai Library, and a travel journalist will gather to launch the eighth Read On the Fly bookshelf in Alaska. “We are very excited to partner with AKonthe Go and the Kenai Library to provide books to children traveling through the Kenai Airport. Children will be able to either read while waiting for their flight or select a book to read on their trip. This is a wonderful opportunity to promote literacy and allow families to read together,” stated Airport Manager Mary Bondurant. Read On the Fly's goal is to increase literacy among Alaska children by encouraging them to pick up a book instead of an electronic device before, during or after a flight, according to its website, ReadOnTheFly.com. The idea originated from Alaska travel writer and journalist Erin Kirkland of Anchorage. "As a travel writer, I fly through Alaska's airports very frequently, and I noticed, especially in our more rural communities, kids are very much running amok and there's not really anything for them to do. So I started looking at literacy rates, which are pretty low for Alaska. Are our kids ready for school? Not really, especially in the rural areas," Kirkland said. Lack of reading at home and school readiness preparation from preschools are contributing factors, she said. Kids are welcome to take a book from the shelf to keep, with no expectation of returning it, Kirkland added. Books placed on Read On the Fly shelves are donated, with restocking and sorting efforts managed by an all-volunteer force based at Kenai Municipal Airport. Books for the Kenai airport program are sourced from the Kenai Library, or can be donated to the Airport Administrative Office at 305 N. Willow St. Ste. 200 Kenai, AK 99611. The April 13th event will begin promptly at 3 p.m. and will feature children's activities, refreshments and a short presentation and ribbon-cutting ceremony. All families in Kenai are encouraged to attend. Contact: Erica Shinn 305 N. Willow St. Ste. 200, Kenai, AK 99611 eshinn@kenai.city 907-283-8281 47 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: March 2017 SUBJECT: Mid-Month Report; Public Works / Capital Projects • Recruitments – Recruitment for new WWTP operator underway. • WWTP Improvements – An amendment was executed to prepare construction documents. The improvements include installing dissolved oxygen probes, variable speed drive blowers, fine bubble diffusers, and evaluation of other potential energy saving upgrades. • Recoat Existing Reservoir – Close out in progress. Engineer requested a final approval to operate and submitted asbuilt drawings to ADEC and the City. • Fencing Rehab with Access Control –Design in progress. Scope includes bringing security card access to nine gates and possibly gate upgrades. • Small Taxiways and Aircraft Tiedown Rehabilitation – Closeout in progress. Scope included rehabilitating pavements on Taxiways F, G and H and the long-term tie-down apron and addressing FAA comments on taxiway and runway lighting as well as existing and new area lighting. • Terminal Building Rehab Conceptual Plan and Design – The Draft Design Study Report was completed February 2, 2018 and is under review. Scope generally includes HVAC and electrical upgrades, a new roof, better space utilization, and cosmetic improvements. • 2016 Improved Airport Drainage – Closeout in process. Scope included replacing the floatplane pond outfall gate and mitigating ponding areas that attracted wildlife. • Kenai Airport Airfield Marking and Signage 2016 – Closeout in progress. • Dock repair – Bidding Process. Scope includes repairs to damage caused by the earthquake and cathodic protection to mitigate accelerated corrosion of the piling. • Flight Service Station Phase 3 (Interior remodel) – Modification to design in progress. The scope includes break-room upgrades, lockers, painting, carpet, duct and carpet cleaning. This will complete the work required by the FAA lease agreement. • Animal Control Kennel Painting – Closeout in progress. 48 Page 2 of 2 Mid-Month Report • Senior Center Dining Room Atrium Replacement and Roof Repair – Closeout in progress. • Purchase Sander Trucks – Purchase Orders have been provided to the vendors. Delivery anticipated in mid-April 2018. • Purchase Street Sweeper – Specifications in development. • Recreation Center Improvements – Design in progress. Scope includes replacing ageing water heaters with high efficiency heaters, HVAC improvements including replacing Roof Top Units and system upgrades, e.g. thermostat locations and flow balancing. • Recreation Center Management Agreement – Request For Proposal (RFP) documents in development. A meeting was held with the proposal review committee to discuss scoring criteria. • Ryan Creek Culvert Repair – Bidding process. This culvert crosses Frontage Road from Leif Hansen Memorial Park to the drainage that runs next to the Senior Center. • Kenai Cemetery Expansion 2018 – Design contract being finalized. Scope includes grading and seeding, aluminum and chain link fencing, gravel road and walkways, survey monuments, and a well and related appurtenances. • Peninsula Avenue Bluff Erosion 2018 – Resolution submitted for approval to enter into a contract for design services. • USACE Bluff Erosion – See City Manager’s report. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr. is reported by DOT to Bid in 2018. City of Kenai water main replacement crossing KSH at Shotgun/Beaver Loop designed, funded, and will be bid with DOT project. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake – ADOT advises they plan to bid in November 2018, more likely 2019.. • DOT KSH Rehabilitation (Grind and pave) MP 12.25 to 18.52 - ADOT advises they plan to bid and construct in 2018. • DOT Beaver Loop Road and Pedestrian Pathway Project – ADOT advises construction may be possible in 2018, more likely 2019. 49 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant – Airport Manager DATE: March 9, 2018 SUBJECT: March Mid-month Report 2010 Master Plan – The complete master plan along with the mylars was sent to the FAA on January 30, 2018 for signatures. This project will be closed out. 2016 Fencing Rehabilitation – Wince-Corthell-Bryson submitted the 95% plans and specs which are being reviewed by City and Airport Administration. 2017 Terminal Rehabilitation Project – Design Grant – City and Airport Administration met on February 16, 2018 to define the Phase II scope of work. City Administration will meet with WCB to discuss costs. 2017 Snow Removal Equipment – The new multipurpose unit was received the week of March 5th. Oshkosh will be on site March 12, 13 & 14, 2018 for training mechanics and operators. 15th Annual DBE & Subcontractors’ Conference - Airport Manager and Administrative Assistant attended this 2 day conference in Anchorage on February 27 and 28. This was an excellent opportunity to meet with contractors and subcontractors to discuss airport construction opportunities. We met with 8 different DBE companies interested in bidding on the terminal rehabilitation project. Advertising/Marketing of City Lands – Airport and City Administration are working with a representative to place a full-page color ad in the Petroleum News’ annual Explorers magazine that will be out this spring. This magazine has a shelf life of 12 months. In addition to a distribution list of 8,000 subscribers, the magazine will also be displayed at oil and gas conferences in the 50 Page 2 of 2 March Mid-month Lower 48, in addition to all Alaska conferences. We will also have the ad in a PDF file so it can be printed out and used as a flyer at the trade shows or conferences we attend. The headline will read: “Your Commercial Air Transportation Gateway to the Kenai Peninsula and Cook Inlet.” I have also approached the Airport’s advertising concessionaire and asked them to look into installing advertising at the Anchorage Airport that encourages the thousands of tourists travelling through the airport to visit the Kenai Airport and Kenai Peninsula. In-house Activities – Dan Evenson is attending a continuing education class for pesticide application at UAA on March 15th. All airport staff will be attending Hazing training on Tuesday, April 3rd and preparing for the annual visit from the FAA Certification Inspector the week of April 23rd. Airport staff has been very busy with snow and ice control. A couple of winter storms kept the crew working through the night; however, there were no flight cancellations or delays due to poor runway conditions. The crew was very diligent and did an excellent job of keeping the runway conditions up and available for landings. 51 FINANCE DEPARTMENT MID-MONTH REPORT March 2018 To: Mayor Gabriel Council Members Thru: Paul Ostrander, City Manager From: Terry Eubank, Finance Director Date: March 14, 2018 Re: Monthly Report The past month has been a busy one with much of the department’s focus on the preparation of the FY2019 Budget. The Council is tentatively scheduled to receive its first draft of the FY2019 budget on April 4th. There is much work to be done by all City departments in preparing the FY2019 budget over the next month. The department has also been working on the development of a Fund Balance Policy for the City’s Airport, and Water & Sewer Funds\. The Airport and Water & Sewer policies will be used to guide decisions by the administration. The purpose of these policies is to identify a reasonable level of fund balance to protect the City and its services and prevent the accumulation of excess funds through excessive taxes and fees. This is a new step for these funds of the City but a widely accepted practice throughout governments in the US and Canada. Development of a policy is a recommended best practice of the Government Finance Officers Association of the United State and Canada (GFOA) and the National Advisory Council on State and Local Budgeting (NACSLB). 52 Library Mid-Month Report March February Circulation Figures Adult Fiction 1,144 Internet Access 820 Adult Non-Fiction 1,005 iPad use 168 Young Adult Fiction 212 Video 0 Periodicals 65 Room Booking 191 Juvenile Fiction 402 Music 15 Juvenile Non-Fiction 297 DVDs 2,258 Easy Fiction 1,039 Audio books 86 Easy Non-Fiction 263 Miscellaneous 175 Interlibrary Loan 2 Computer Programs Books – Consortium 305 Media – Consortium 128 Total Print 4,734 Total Non-Print 3,841 Total Circulation 2/18 8,575 Downloadable Audio 514 Total Circulation 2/17 8,339 Downloadable EBooks 414 % change +3% In-House circulation 242 Library Door Count……. The people counters are out of order, but should be back online soon. Income Fines $ 843.61 Xerox 168.25 Lost/Damaged 62.90 Test Proctoring Fee 20.00 Printing 338.00 Other 15.00 Total income $ 1,447.76 Library Cards Issued February Clam Gulch 2 ILL 1 Kenai 33 Nikiski 8 Non-Resident 2 Other Peninsula 2 Soldotna 4 Sterling 3 Total 55 53 Page 2 of 2 Library Mid-Month Report In February we had 3 volunteers who put in about 20 hours. There were 19 children’s programs with 317 total in attendance, and 10 adult and family programs with 123 attendees. In February we ordered 1 interlibrary loan items not available through the consortium and received 4 items, we returned 1 items and loaned 14 items to other libraries who are out of state or not in the consortium. 54 PARKS & RECREATION MID-MONTH REPORT March 2018 Total reserved hours at the City of Kenai Multi-Purpose Facility for the month of March is 49.75 hours. A total 54 hours were recorded last season during this time but the rink was kept open two weeks longer. Sufficient snowfall in February allowed the department to continue grooming at the Kenai Nordic Trails. Total grooming hours for the month of February was 97 hours. Total miles groomed was 213.50. Staff also spent a total of 38 hours maintaining sidewalks, 78.5 hours removing snow from fire hydrants and 36 hours maintaining Daubenspeck Family Park skating pond. Current ice thickness is 25.” Employee Alex Koch resigned from his position as Laborer and this position is currently being advertised. We wish Alex the best of luck with his future endeavors. Staff has been busy with budget preparation and getting ready for the Job Fair on March 21. Administrative Assistant, Melanie Beverly, has been working on a short PowerPoint presentation that highlights some of the department’s summer maintenance program and activities. Budget preparation is also underway. Randy Dodge (Operator) will be attending an annual pesticide applicator workshop in Anchorage, Alaska on Wednesday, March 15. This workshop includes opportunities for professionals to learn about Urban Tree Care, Turf Disease, Industry Tools, Alternative Pesticides, recent advances in the industry and more. The department recorded 36 hours of volunteer service in February. These hours were spent assisting with snow removal at Daubenspeck Family Park pond and were provided through the Wildwood Correctional Department. Staff spent some hours cleaning and preparing the City greenhouse for the upcoming growing season. The department will be taking delivery of the flower plugs mid-March. This year the department coordinated with the City of Soldotna, Parks & Recreation Department on the plug order with the goal in mind to lower overall costs. 55 MEMORANDUM TO: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: 3/5/2018 SUBJECT: Police & Communications Department Activity – Month of February 2018 Police handled 603 calls for service. Dispatch received 217 9-1-1 calls, 166 of which came from cell phones. Officers made 36 arrests and wrote 302 reports. Traffic enforcement resulted in 227 warnings, 11 citations for speeding, 3 for seatbelt violations, 9 citations for equipment violations, and 56 citations for “other.” There were 3 DUI arrests (0 felony). Officers investigated 12 motor vehicle crashes. There were 4 collisions involving moose, and there was 1 involving alcohol or drugs. February training included: One new officer attended the two-week DPS academy in Sitka for lateral officers. One officer attended a Taser Instructor Re-Certification course in Anchorage. One officer attended a week long Advanced Law Enforcement Rapid Response Training (ALERRT) in Anchorage. One dispatcher and two officers attended a bleeding control training in Soldotna. Along with assisting school administrators and handling multiple calls in the Kenai schools, the School Resource Officer wrapped up Dare at Kaleidoscope Elementary, with graduation scheduled in early March. 1273 517 1140 551 1135 586 0 500 1000 1500 Total Police Service Calls 911 Calls Received 2018(Jan 1 - Feb 28)2017(Jan1 - Feb 28)2016(Jan 1 - Feb 28) 56 MEMORANDUM TO: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: 3/1/18 SUBJECT: February 2018 Animal Control Monthly Report This month the Kenai Animal Shelter took in 57 animals. Animal intake and disposition: DOGS: INTAKE 30 DISPOSITION 28 Waiver 18 Adopted 13 Stray 7 Euthanized 1 Impound 2 Claimed 13 Protective Custody 1 Field Release 0 Quarantine 0 Transferred to Rescue 1 Other Intakes 2 Other Dispositions 0 CATS: INTAKE 26 DISPOSITION 30 Waiver 13 Adopted 16 Stray 11 Euthanized 1 Impound 0 Claimed 1 Protective Custody 2 Field Release 0 Quarantine 0 Transferred to Rescue 12 Other Intakes 0 Other Dispositions 0 OTHER ANIMALS: INTAKE 1 DISPOSITION 2 Mouse 1 Guinea Pig 2 DOA: 4 OTHER STATISTICS: Dog 1 Licenses (City of Kenai Dog Licenses) 12 Cat 3 Microchips (Dog and Cat) 0 57 Page 2 of 2 4 Citations 4 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 57.45 Volunteer Hours Logged 26 Animals are known borough animals 13 Field Investigations & patrols Statistical Data: 90 2016 YTD Intakes 103 2017 YTD Intakes 112 2018 YTD Intakes 58 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: March 12, 2018 SUBJECT: February Monthly Report February 2018 Home Meals NTS Choice Clients Meals Clients Meals 60+ Service Area 50 724 11 333 60+ Outside Service Area 1 28 1 28 Under 60 + Service Area 1 16 3 104 Under 60+ Outside Service Area 1 13 Subtotals 52 768 16 478 Total 1246 • During the month of February, 74 volunteers donated 1128 hours of their time; 45 individuals used the Social Security Video Service; and, 1,156 congregate meals were served in the dining room. The Senior Center was used for two memorial services. • The Senior Center honored our Volunteers with a fiesta-themed Volunteer Appreciation Dinner on February 1. A Super Bowl party with a staff football toss was held on February 2, complete with a football themed menu. February was Waffle Month and waffles and juice were served by volunteers on Friday mornings. • Kaleidoscope School of the Arts & Sciences performed during the noon hour on February 12. Riverside Harmony sang on February 14 with love songs from the past. • The monthly No-Host Dinner was at the newly reopened New Peking Restaurant in Kenai with 13 in attendance. • All 12 of the staff and two volunteers received CPR/AED/First Aid Training by Kenai’s own EMT Pete Coots. The training was very thorough and mandatory for Medicaid and grant participation. Everyone in attendance was certified and were very positive about the manner and style of the training. • The Department is working on FY19 Budget preparations as well as the Kenai Peninsula Borough and State of Alaska Title III Grants due in March. 59 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MARCH 21, 2018 VENDOR DESCRIPTION DEPT. KENAI AUTO MOOSE COLLISION REPAIRS SHOP WEST COAST PAPER MEAL CONTAINERS TITLE Ill UNITED STATES POSTAL SERVICE POSTAGE FOR METER LIBRARY BOYS & GIRLS CLUB MARCH FACILITY MANAGEMENT RECREATION KLUGE & ASSOCIATES FLIGHT SERVICE STATION UPGRADE NP IMPS. ACCOUNT REPAIR & MAINT. OPERATING SUPPLIES POSTAGE PROFESSIONAL SERVICES CONSTRUCTION DATAMARS MICROCHIPS ANIMAL CONTROL OPERATING SUPPLIES STEVE'S BLINDS BLINDS FOR SENIOR CENTER ATRIUM SR. CTR. IMPS. CONSTRUCTION AMOUNT 7,644.09 3,100.00 3,900.00 10,833.33 6,400.00 3,000.00 4,150.00 60 KENAI 44 129 Sterling Hwy I Soldotna , A K 99669 WATERSHED FORUM Phone (9 07) 260-5449 I Fax (907) 260-5412 I www.kenaiwate rshed.org March 1, 2018 Mayor Brian Gabriel City of Kenai 210 Fidalgo Ave. Kenai AK 99611 Dear Mayor Gabriel, Received MAR 1 3 2018 It's Kenai River Festival time again! The Festival is slated for June 8, 9 & 10 at Soldotna Creek Park. The 2018 Kenai River Festival will take place at Soldotna Creek Park, on the banks of the Kenai River, in downtown Soldotna, June 8-10 . Thi s year's festival will feature hands-on environmental education activities, presentations and , of course, entertainment to promote river stewardship. There is something for EVERYONE. When you invest in the Kenai River Festival, you are investing in the Kenai River, and you are supporting KWF's ongoing restoration, research, and education efforts. With over 10,000 people in attendance at the festival every year, the impact of your sponsorship will be a tremendous benefit to the community and to YOU. Many of the attendee activities that we provide are geared towards youth. We encourage each youth attending to visit each educational booth and receive a stamp on a festival "passport". These passports are then collected at the Kenai Watershed Forum welcome tent and become part of a drawing where we have arumally given away one Apple iPad . This year we are planning to give away two iPads to encourage participation from a broader range of ages ; both pre-teens and teenagers. Would the City of Kenai be interested in sponsoring one of these youth prizes again? The City of Kenai would be recognized on all materials relating to the Passport Acti v ity and on the Festival 's promotional posters and web postings. I've attached a sponsor donation fonn, we are hoping for you to come in at the contributor $3 00 level. The Kenai River Festival is po ss ible only because of local businesses, organizations and individuals like you Thanks in advance for yo ur consideration. Please give me call if you have any questions . N~ Tami Murray Development Director Tami@ Kenaiwatershed.org Working together for healthy watersheds on the Kenai Peninsula Pick.C li ck.G ive. 61 2018 Kenai River Festival -June 8, 9 & 10 SPONSORSHIP OPPORTUNITIES CORPORA TE SPO NSOR $2500 • Company logo on festival t-shirt • Quarter page ad in the fe st ival schedule (l 0,000 printed) • Recogniti on at the event • Logo in ads, newsletters an d on KWF web site • Banner promi nently displayed at the festiva l *Due to printing deadline, corporate s ponsors who choose to have th e ir logos on festi val t-shirts must respond by 5/1/20 18 MAJOR SPONSOR $1500 • Company logo on festiva l t-shirt • R ecognition at the event • Logo in ads, newsletters and on K WF web site • Banner prominently displayed at the fe stival SPONSOR $750 • Recognition at th e e v ent • Logo in ads, ne wslet ters and on KWF web site • Banner prominently di s played at the fest ival CONTRIB UTOR $300 • Recognition at the event • Logo in newsletters • Banner displayed at the festival ST AGE SPONSOR $20 0 • Verbal r ecognit ion during t he concerts at the event • Logo on concert schedule • Banner displayed at the fe stival IN-KIND CONTRIBUTIONS for our Volunteers and a River Fest Raffle (!_o ts of romotional OJ!S) Benefits will be at the value level of the in-kind contribution li sted above. SPONSORNAME: _____________ CONTACTNAME: _________ ~ MAJLING ADDRESS: _____________ _ PHONE NUMBER: ______________ SPONSORSHIP LEVEL: ________ _ FORM OF PAYMENT: Check I Invo ice I C redit Card www .kenaiwatershed.org (secure online pa yment) Please return to: Kena i Watershed Forum• 44129 STERLING HWY• SOLDOTNA, AK 99669 Sponsor online at: www.kenaiwatershed.org • Questi ons? Co ntact Tami @ kenaiwa tershed.org or at 907-260-5449 THANK YOU! A receipt for yo ur tax-deductible donation will be sent to yo u. KENAI WATERSHED FORUM 62 MARCH 21, 2018 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to Item G.3. Schedule a Special Meeting • Email from Council Member Molloy City Clerk Add Item G.4. Action Approval – Non-Objection to Liquor License Transfer for MITAK, LLC, DBA Main Street Tap & Grill City Clerk Add Item G.5. Action Approval – Non-Objection to Issuance of New Liquor License to BPO Elks Lodge #2425 City Clerk From:Bob Molloy To:Jamie Heinz Cc:Bob Molloy; June Peck; Law Office Subject:Re: Special Meeting Dates Date:Friday, March 16, 2018 5:28:49 PM Hi Jamie: Thanks for reaching out. My preference is not to do all 3 the same day. Dates that work for me are: 4/16, 4/17, 4/23, 4/24, 5/07, 5/14. Happy St. Patrick's Day tomorrow and have a good week end - Bob On Mar 16, 2018, at 5:19 PM, Jamie Heinz wrote: Hi Bob, On 3/21, we’ll be trying to set a Special Meeting date for evaluations of the Attorney, Clerk, and Manager. The dates I could make a special meeting work as far as advertising it would be 4/2, 4/3, 4/16, 4/17, 4/23, 4/24, 4/26, 4/30. I’ve seen it scheduled 4/25, 5/9, 4/20. Let me know what dates work for you and I’ll throw them out there as what we need to work with. If we can’t make something work for everyone, we can always postpone to 4/4, when you and Brian will be back to find something that works. Thanks, Jamie Heinz, CMC City Clerk City of Kenai City Clerk’s Office 210 Fidalgo Ave. Kenai, AK 99611 Phone: (907) 283-8231 Fax: (907) 283-5068 Email: jheinz@kenai.city <image001.png> MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: March 21, 2018 SUBJECT: Liquor License Transfer of Ownership The Alcohol and Marijuana Control Office has sent notification that the following licensee is seeking to transfer ownership of its Liquor License No. 4555: Request Transfer to: MITAK, LLC D/B/A: Main Street Tap & Grill Current Licensee: Pink Coyote, Limited 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 Alcohol and Marijuana Control Office and the applicant. The applicant is working to have everything in order so the Alcohol Beverage Control Board can consider the transfer of ownership at their April 4 meeting. They are concerned about negative impacts to their business if it were to be delayed to the ABC Board’s next quarterly meeting. Your consideration is appreciated. "Vt1/~e with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO: 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 ~mie Heinz, City Clerk U March 15, 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. 4555: Applicant: MIT AK , LLC D/B/A: Main Street Tap & Grill Current Licensee: Pink Coyote Limited ~ mr 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. In iti al whether account(s ) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts. 1. Police Department initials ~!have reviewed all reco rds for my department and the applicant is current on obligations or obligations do not exist. 0 The applicant hJIS outstanding obligations and an additional page has been attached . 2. Finance<?szZ,~ initials 'Q I have reviewed all records for my department and the applicant is curre nt on obligations or obligations do not exist. D~e apPlicant has outstanding obligations and an additional page has been attached. 3 . gal ) '1f 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 01,1ts\fln.ding obligations and an additional page has been attached. 4. Lands Management ~initials 0'1 have reviewed all reco rds for my department and the applicant is current on obligations or obligations do not exist. Ghe applicant has outstanding obligations and an additional page has been attached . 5:.fl<inning and Zoning l,J.J.1.!Ciinitials l.iJ I have re viewed all records for my department and the applicant is cu rrent on obligations or obligations do not exist. Ghe applicant has outstandin~bligations and an additional page has been attached . Returned to Clerk's office : O · l · \ ~ Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 March 15, 2018 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us kring@borough.kenai.ak.us License Type: Beverage Dispensary – Tourism License Number: 4555 Licensee: MITAK, LLC Doing Business As: Main Street Tap & Grill ☐ New Application ☒ Transfer of Ownership Application ☐ Transfer of Location Application ☐ Transfer of Controlling Interest Application We have 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 within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your 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 license is prohibited under as a result of an election conducted under AS 04.11.507. AS 04.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant’s proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov ( ( Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohol .licen :;Jng@alsisk.i .gov h ttps://www.commerce.alas ka.gov/w eb/amco Phone : 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application What Is this form? -----1T ... l:ti.s..transfef..lieeASe-apf'lieatitm-femt-is-required-for-alHndividuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 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: Pink Coyote Limited License#: License Type: Beverage Dispensary -Tourism Statutory Reference: Doing Business As: Main Street Tap & Grill Premises Address: 10800 Kenai Spur Highway City: Kenai I State: AK Local Governing Body: City of Kenai ( Kenai Peninsula Borough) Transfer Type: 0 Regular transfer D Transfer with security interest D Involuntary retransfer OFFICE USE ONLY Complete Date: Transaction #: Board Meeting Date: Ucense Years: Issue Date: BRE: [FormAB-01] (rev 10/10/2016) I ZIP: 4555 AS 04.1 1 .400(d) 99611 Pagelof7 Alaska Alcoholic Beverage Co ntrol Board Alcohol and Marijuana Control Office SSO W..,.. Aveme. SUl'le 1600 Anchoniee. AK 99501 ;-lr.t"'!10'.l:c~:-:;;,, .. _·..J. t: •·!. ~~A·:\· 0:.c,1~1 .:.; ·_:~_:;l~s~:.·. :<'·;i\··c\~~ Phone: 907.269.0350 Form AB-01: Transfer License Application Section 2 -Transferee Information Enter Information for the new applicant and/or location seelci"8 t o be licensed. Uc:ensee: MITAK, LLC Dolf1K luslness As: Main Street Tap & Grill Pler1tlsesAddress: 10800 Kenai Spur Highway City: Kenai j State: IAK I ZIP: 199611 Community Council: None Mal'lncAddress: 5200 W. 94th Terr. Suite 107 City: Prarie Village I State: IKS I ZIP: j66207 Yes No Seasonal license? 0 0 If -vg-, write your six-month operating period:--------- Premises to be licensed is: 0 an exlstlng facility Section 3 -Premises Information D a new building D a proposed building The next two questions must be completed by beve@ce dispensary (indudlnc tourism) and package store applicants only: What Is the distance of the shortest pedestrian route from the pub& entrance of the bulkfinl of your proposed premises to the outer boundaries of the nearest school pouncts? lndude the umt of measurement In your answer. 1.s mites What Is the distance of the shortest pedestJ ian route from the pub lic enbance of the buiding of your proposed premises to the public entrance of the nearest c:hutt.h buildlnc? tndude the unit of measurement In JUU! mswer. j.4 miles [Fonn A!Hll] (rev 10/10/2016) Pige2of7 r-. '· \iit Alaska Alcoholic Beverage C•l ntrol Board Alcohol and Marijuana Control Office! 550 W i1' l\vtmlt, Sullci 1600 l\rldloragl!, AK 99501 ;:d:2 f 1:>l.U~\::•sln~·".:'·'' '\~ • . .-c~ i.!il,,, ;)':: .·. w .)9'U1 ul·;cc.u!~)~!'':!~\1\•1·:.~h/.al.lf..n Phontt : 907.269.0350 Form AB-01: Transf er License Application • Section 4 -Sole Propri tor ownership lnfonnatlon This section ml&St be CJD111pleced by any sole pnpletvr who ls 1>11P¥nc few• license. Efltltles should skip to Section s. If more space Is ntieded, please attach a separate sheet with th required lnformatfon. The followtns infotmatfon must be completed for each licensee ~n d each affillate (spouse). this fndlvfd&r.11! ls an: 0 applicant D affiliate Name: Addres.s: .__o_tv_: ______ .....__ ___________ :J State: ZIP: Thls Individual Is an: D applicant Oamllate Name: Address: ,__c_itv_: _____ __..__ __________ J State: ZIP: Section 5 -Entity O w n ership lnfonnatlon this sec:tlon must be completed by anv ~l!, lncludlng a corpom »on, ffmlted Uablllty company (llC), partnership, or llmlled partnership, tha t Is applying tor a llc:ense. Sole proprietors shoultl ~l.lp to Section 6. If more spaco ls needod, please attach a separate sheet with the r\! 1ulrcd lnformaUon. • If the applicant ls a corporation. the following lnfonnation mu ~~ he completed for each stockho~r who owns 101' or more of the stock In the corporaUon, and for each pres/dt!nt, vlce-presl r1 mt ~ and managing o~r. • If the applicant ls a l!mtted l!ab!llty oypn~ the followlnn i1 :formati on must be compl!!led for e ach memberwltll an ownershfp Interest of 101' or more, and for each mana11«. • If the applicant Is a P2!'!nershlp. lndudlng a llmlt!d partn!!Sh!P, lhe follow ing Information must be completed for each partner with an lntl!lf!Sfo/ 101' or man!, and for 1.-ach aenerol partner. Entity OlftdaJ: M\c.'-".Qe l L,vx) Tltlels): Manager "-"'• «lt~~cr j cs.ct '-:\_ 0 (~ i 'h~e: 913-649-0400 Address: 4901 W 133rd #205 City: Leawood I :itate: KS ZIP: 66209 [Fonn AIMl1J (rev 10/10/2016) Page 3ol7 _! Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol !is.en. 11 .. f!.J L ~a .gov htt11s :Uwww .co mmerce .ala~k3.goyjwrb/amc.o Phone: 907.269.0350 Form AB-01: Transfer License Application Entity Official: Title(s): I Phone: I I %owned: I Address: City: I State: I I ZIP: I Entity Official: Title(s): I Phone: I I %owned: I Address: City: j State: I I ZIP: I Entity Official: Title(s): I Phone: I 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 #: 97311 I AK Formed Date: 11/18/2005 Home State: I KS Registered Agent: Robert H. Hume Agent's Phone: 907-276-5152 Agent's Mailing Address: 701 W. 8th Ave Suite 1200 City: Anchorage I State: AK ZIP: I 99501 Residency of Agent: Ye s No Is your corporation or LLCs registered age nt an individual resi dent of the state of Alaska 7 00 [Form AB-01) (rev 10/10/2016) Page 4of 7 ( Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7u. Avenue, Suite 1600 Anchorage, AK 99501 illcohol.licensin g@al aska.gov htto s://www.commerce.alaslsg .cov/w !), 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 indirect 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): Section 7 -Authorization Communication with AMCO staff: Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If "Ye~', disclose the name of the individual and the reason for this authorization: Annalea Lott Manager Main Street Tap & Grill [Form AB-01} (rev 10/10/2016) Yes No 0 0 Page5of7 ( Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W J1h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@a a~k a.gov https ://www .commercc .alas ka.gov/w eb/amco Phone: 907.269.0350 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 licensed entity) have examined this application, approve of the transfer of is license, and find the information on this application to be true, correct, and complete . .--: Annalea Lott Printed name of transferor Subscribed and sworn to before me this 2 (, day of _~-~-~ __ C<_1 ·71----~· 20_!.!_ . .• ,~\\\\\\!!!!' J//t/1; "&,W':" E WJ..( .,.~ ~~~:::;,;;.;:_-~~~~ ~ ··ep·--~··. ~ $} .·~ ~\~~ ~ : .. No ,~ ~ ~~~Pr_rltRYJ ~ ~~·.:~ !<:_./.,,.__~ Notary Public in and for the State of _ .... k,A1-='--'-'::;...kJ. ______ . ~,. ~---.~:.~:..··~" ~ ~, or ,,., .,_s,, .•. ~ M . . . 7-q J.-1 ''QQ//nfil\\\\~~~\'' y comm1ss1on expires :-------- Signature of Notary Public Judilee Forrest Printed name of transferor Subscribed and sworn to before me this.J..:' day of X ·'>-¥~'. ... :,'=j · ~~ ·J I ,20~. ,,\\\\\\\\\lll/IJ!f//111.-· ~ I ;_ ') l"v'\ ~~ PE1ks:''% ---~,---~~-~~--~X~-~"''-------~ ~~ •• ~~ Sfgnature of Notary Public ~ .•<;y -·~. ~ ~l~ -\··~ § f N O TA RY~ ~ ~ ... \PUBLIC/ ~ ~ti\·.. .· .,,._§; -:..., i;:."l-1 ~ •. -:_l" ~ ~~ . ,~··-.. : ... ··t-s~ ·.,,..·,, OF ~\. ~ ···'.Z 'lill !!ill\\\\\~ Notary Public in and for the State ot_1~ __ \ _i.0\_~:...f ___ -_r\ ___ _ , .... ·..... ......<-' -.... My commission expires: '-' I -\..... l -<..j(:...,~ I [Form AS-01} (rev 10/10/2016) Page6 of7 oorn@ITJuwrn@ FEB 2 0 2018 OFF CE Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 akohol.llce nslndi!alj!Ska.gov https:Uwww.commerce.alaslra.gov/web/amco Phone: 907.269.0350 Alaska Afcohollc Beverage Control Board Form AB-01: Transfer License Application Section 9 -Transfe ree Certifications Read each line below, and then slsn your Initials In the box to tho ,.lght 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 Dlvis lc•n of Corporations. I certify that I understand that providing a false statement on this fnr rn or any other form provided by AMCO is grounds for rejection or den ial of this appllcatlon or revocation of any llcem c Issued. I certify that all licensees, agents, and employees who sell or serve ak oholic beverages or check the identification of a patron will complete an approved alcohol server education course, 1; required by AS 04.21.025, and, whlle selling or serving alcohollc beverages, will carry or have available to show a cur rent course card or a photocopy of the card certifying completion of approved alcohol server education course, rf required by 3 AAC 304.465. I agree to provide all Info rmation required by the Alcoholic Bevera ge Control Board in support of this application. Initials As an applicant for a liquor license, I declare under penalty of perju ry I hat I have read and am famiRar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and staw.11ents, is true, correct, and complete. Printed name [Form AB-01) (rev 10/10/2016) Cl.Sb-'\ \Subscribed and sworn to bel<1r c~ me this 1 'l.~ day of fY\ ~ c)/\ .20 U?. JACQUE HAYES No1ary Public. State of Kansas My Appoi111%"t Expires ir('t..9 o"2. l Sfinllt of Notary Publlc Nol .'"' Public in and for the State of '6 G.J\ffi.S My commis sion expires: 1)" / '7.,.. Di/t...z>l l ' ,.. LUl0 Page7of7 ( Alcohol and Marijuana Control Office 550 W 7m Avenue, Suite 1600 Anchorage, AK 99501 .~?=':\hol.f:c~~1Sii1 > h ~p"!.:/it, 1 w .cc:nr.-1~rc2 .tl k.5k2.q ::>'.'/· '?':tt:r;:Q. Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram What is this form? A detailed d iag1 am of the Pl oposed lice11sed p1 emises is 1 equired for all liquor license appllcatlons, 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, fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that dearly shows the location of your proposed p remises 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 submitted with any supplemental diagrams. An AMCO employee may requi re 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. .1 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 license application. Licensee: License Type: Doing Business As: Premises Address: City: [Form AB--02) {rev 06/24/2016) MITAK, LLC I License Number: BEVERAGE DISPENSARY -TOURISM MAIN STREET TAP & GRILL 10800 KENAI SPUR HIGHWAY KENAI I State: IAK 00[§@§0\Y/~·:_2) FEB 2 0 2018 14555 I ZIP: Yes No 00 199611 Page 1 of2 Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcohoi.licensingp,.1s1s~' gov https://www.commercc .al as k1.gov/w1 •b/a mco Phone : 907.269.0350 Section 2 -Detailed Premises Diagram Clearly indicate the boundaries of the prernises..and the proposed licensed area within that propel'ty..-Clearl•/ indiGate-the-intefi,GF-------- 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. Parking Main Street Hotel Parking --' Kenai Spur Highway [Form A~2) (rev 06/24/2016) Pa ge 2 of 2 ( .. : . ' . i I I \.~ h .... OO§@§OW~© [FEB 2020~ A CCHOL IA :,A l ' , RO CH' CE Ail CF AIA i(~ Alaska Alcoholic Beverage Contr-ol Board Altnhol and Morljuano Control Office 550 W 7" Avenue, Suite 1600 Anchorane. AK 99SD1 ;!:.~hy~J:c~~1,,.(f~r ,_: .• 1.:·.!_;.· , !-.l ;,:.,;.://\'J\"."."."£:2i_."ll!_1.C'~t•.1!!_q_:~·.:>.!/•; .• :i;lci1!CO Phone; 907 .269.0350 Form AB~03: Restaurant Designation Permit Application What Is this form? A restaurant designation permit application Is required for a licenser. desiring designation under 3 MC 304.715-3 MC 304.795 as a bona fide restaurant, hotel. or eaUng place for purposes of AS D4.11;.01o(c) or AS 04.16.049. Designation will be granted only to a holder of a beverage di.spl!nsary, dub, recreational site, golf course, or restaurant or eating place license, and only lf1he rC!quirements of 3 MC 304.305, 3 MC 304.725, and 3 MC 304.745, as applicable, are met. f\ detailed floor plan ofthc proposed designated and undesignated areas of the licensed business and a menu or expected menu listing the meals to be offered to patrons must accompany this form. Applicants should review AS 04.16.049-AS 04.16.052 and 3 MC 304.715 -3 AAC 304.795. All fields of this form mu'st be completed. The required $50 permit fee may be made by credit can I, check, or money order. Section 1 -E stabli!!hment lnfonnation Enter information for licensed establishment. Ucensee: License Type: Ucense Number: Doing Business As: Premises Address: City: ZIP: (/t:j1,/ f-h . e L\v'6~_0l · ContactPhone: .__ _____ -1.,!.~Sec~tl"'-'o"""'n'--<2--,;._Typ=rne of~~slgn atlon Requested Contact Name: Thls application is for the request of designation as a bona fide restaurant, hotel, or eating plate for purposes of AS04.16.010(c) or AS 04.16.0119, and for 1lhe request of the following deslgnatlon(s) (check all that apply): Dining after standard closing hours: AS O'l.16.0lO{c) Dining by peisons 16-20 years of age: AS 04.16.0•l9(a)(2) Dining by persons under the age of 16 vears, acoor.1 panied by a person over the age of 21: AS 04.16.049{a)(3) Emplovment for persons 16 or 17 years of age: AS Oll.16.049(c) NOTE : Under AS 04.16.049(d), this pennit is not required to employ a person 18 -20 years of age. OFRCE U.C:f OIVLY tuueDutt: rronsoctlon II: I I BRE: {Form A0-03) (rev 10/10/2016) MAR l 2 2018 I I Alcohol and Marljt1ana Control Office 550 W 7"' Avenue, Suite 1600 Anchorage, AK 99501 o:oor.ol.t'.::e<ls'::>-:f'Ja:as: •. -,., t~ttv.s:!fw~-.· ~· . ..:~t~:"'::c:-w.5~J s!:a . o ... ·J Phone: 907.2&9.0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application Section 3 -Additional lnfonnation Enter aU hows that your establishment intends to be open. Include variances in weekend/weekday hours, and indicate am/pm: .S.1..u1ec/ag ./--hrOIJfj~ -r-hur:sc/°{J l/:oocun ~;/ l';)..'3'!Ja._. F"; </o..'ff a. NL &' "1-ru ~ ~ I I: tJo o W') u,., +.-J ,;2.: aa et. JI'\.. Are any forms of entertainment offered or available within the ficensed business or on the proposed designated portions of the premises? If "Yes", describe the entertainment offered or available: Food and beverage service offered or anticipated is: [i] table service D buffet service D counter service D other If "other", describe the manner of food and beverage service offered or anticipated: Is an owner, manager, or assistant manager 21 years of age or older always present on the premises during business hours? Yes No IKJ D Yes No ~D Blueprints. CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the third page of this form. I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the third page of this form that meet the requirements of this form. [Form A8-03J (revl0/10/2016) .. Yes No 00 Page2of5 a..m --.,...,~·--:--... _..,... .... ........_ .. _ __,.. __ ~~----- MAR l 'l 201S Alaska Alcoholic Beverage Control Board Alcohol and Man]uana Control Office 550 W Jth Avenue, Suite 1600 Anchorage, AK 99501 alcohol.llcenslng@alaska.goy https://www.commerce.alaska.gov/web/amco Phone: 907 .269.0350 Form AB-03: Restaurant Designation Permit Application Section 4 -Detailed Floor Plan Provide a detailed floor plan that meets the requirements listed in Form AB-02 and clearly indicates the proposed designated and undesig nated areas of the licensed business for purposes of this permit application . _J Uptown Motel ,_· __ lni [Form AB--03] (rev 10/10/2016) :"'( ·-.!_. ----· ~~ Kenai Spur Highway 0. 0 0 -I +-' QJ QJ !... ...., V') c ro ~ MAR 1 ~ ~ Holiday Station Page 3 of5 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7'~ Avenue, Suite 1600 Anchorage, AK 99501 aicohol.ilcensing@alaslra .gov https:Uwww.commerce.alaska.gov/web/amco Phone: 907.269.0350 Form AB-03: Restaurant Designation Permit Application Section & -Certlficalklons and Approvals Read each line below, and then sign your Initials In the box to the rlcht of each statement: I have included with this form a detailed floor plan of the proposed designated and undesignated areas of the licensed business for purposes of this application. I understand that this diacram Is different than my licensed premises diagram. t have Included with this form a menu, or an expected menu, llstin1: the meals to be offered to patrons. I certify that the llcense for which I am requesting designation is either a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license. Initials I declare under penalty of perjury that this form, Including all attachments and accompanying schedules and statements, is true, correc and c:ompl Printed name of licensee My commission expires: Subscribed and sworn to before me this ~1day of f\J\ Q.t. cJr\ .20 \ f. Local Government Review (to be completed by an appropriate local t~overnment official): Signature of local government official Date Printed name of local government official Title [Form AB~3] (rev 10/10/2016) JACQU E HAVES Notary Public, State of Kansas My ~J&"qdc~lres Approved Disapproved D D Page4of S MAR l '}. 2ms ( \ • Alcohol and Marijuana Control Office 550 W 71!1 Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce .alaska.gov/w eb/a mco Phone: 907.269.0350 "Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application AMCO Enforcement Review: Signature of AMCO Enforcement Supervisor Printed name of AMCO Enforcement Supervisor Enforcement Recommendations: AMCO Director Review: Approved Di sapproved D D Signature of AMCO Director Printed na me of AMCO Di rector Date limitations: [Form AB-03) (rev 10/1 0/20161 Pag e 5of5 Ask About Our Daily Specials Fresh Ground Hand-Pressed Burgers House-Cut Fries Homemade Soup Made Daily Hand-Breaded Alaskan Cod Homemade Jalapeno Bread Sof t Drinks Coke Diet Coke Sprite Dr. Pepper Barq's Root Beer Minute Maid Lemonade Brewed Iced Tea Ginger Ale Mountain Dew Specialty Drinks Red Bull Sugar-free Blueberry C ranberry Tropical Orange $2 $4 Live Music I DJ Friday & Saturday Night World Tavern Poker Monday & Thursday 5 :30 & 8:00pm Acoustic Wednesday 7 :00 pm WATCH ALL YOUR GAMES HERE ~ m Grill open late Sund ay -Thursday 1 J :OOam to 11 :OOpm Frid ay & Sa tur day 11 :OOam to 2:00am MAIN STREET Tap 8l Grill Take Out Menu (907) 395-0394 10800 Kenai Spur Highway Kenai, Alaska Hand-Pressed Burgers -Fresh-Cut Fries -Homemade Soup We've Got an App for That! Calamari Breaded Calamari strips fried golden and served with our S riracha ranch or jalapeno lime aioli. 12 Clam Strips 12 Clams strips breade d and deep fried served withja lapeno lime a ioli . Shrimp Boat 13 8 breaded shrimp, fried golden and served on a basket offresh-cut fries . Fisherman's Platter 26 Three pieces of beer battered cod, crisp clam s trips, six fried shrimp and • ·•ded calamari strips served with our hou se-made s riracha ranch, eno lime aiol i & tartar sauces. '--" Mozzarella Sticks 10 8 breaded mozzarella sticks served with warm marinara sauce. Wing It! 11 Breaded -Naked -Boneless Choose your wing! Choose you r Sauce' S trawberry Jalapeno -Buffalo -BBQ -Swee t Chili Pineapple Habanero -Kassiks Blonde & Honey Beer Battered 0-Rings 8 A Large Basket of Brew City beer battered onion rings w ith choice of sauce. Potato Skins 12 Fresh potato skins loaded with cheddar & mozzarella cheeses, bacon bits , chives, sour cream & salsa. House-Cut Fries or Tater Tots 6 Basket of our local favorite fresh house-cut fries or crisp golden nuggets. Loaded Fries or Loaded Tots 13 Our fresh-cut fr ies or crisp golden nuggets baked wi th grilled onion, peppers, mushrooms, cheddar & mozzarella cheese and finished with diced tomatoes, >n bits, sour cream and fresh salsa. 'Duffalo Chicken Dip 13 Grilled chicken breast, cheddar & cream cheese with buffalo sauce baked and topped with b lu e cheese crumbles serv ed with fresh tortilla chips . Nachos 15 Seasoned taco beef, cheddar & mozzarella cheeses, grilled peppers & onions , diced tomatoes , black olives, jalapenos , sour cream and fresh salsa. Kenny Quesadilla 13 A large tortilla filled with grilled chicken , onions, green peppe rs, cheddar and mozzarella cheeses gri ll ed golden and served with sour cream and fresh salsa. Sweet Potato Fries or Sweet Potato Tots IO Basket of crispy sweet potato fries or crispy sweet nuggets. Sidewinders 10 Basket of thick-cut twisted seasoned fries served with choice of sauce. Soup & Salad Grilled or Blackened Chicken Salad Grilled or blackened c hicken breast, romaine lettuce, toma to, cucumber, celery and carrots wi th choice of dressing. C hef Salad 13 13 Freshly sliced turke y and ham, cheddar and mozzarella cheese , cucumber , sliced hard-boiled egg, tomato, carrots, croutons and choice of dressing. Chicken Caesar Salad Freshly cut romaine lettuce tossed with diced grilled chicken, parmesean cheese, house-made croutons and Caesar dress ing. House Salad Large romaine salad wi th cucumber, tomato, mushroom and cheddar, topped with homemade croutons and choice of dressing. Soup of the Day 12 8 Homemade soups made daily served with house-made jalapeno cheddar bread. Cup 4 Bowl 6 The Main Attraction New York Steak 29 I 2oz. choice New York steak ch ar grilled to order, baked potato with butter, sour cream and chives, served with vegetable and a salad. Bourbon Street Ribs Half 18 F ull 25 Full or 1/2 rack of St. Louis style ribs, slow roas te d with our sweet citrus bourbon BBQ sauce, served with choice of potato & made to order coleslaw. Beer Battered Fish & Chips 4pc 14 6pc 19 Moist fl akey cod beer battered and fr ied with fr esh-cut fries made to order col es law and homemade tartar sauce. Served as 4 or 6 piece . Grilled Flat Bread Pizza 14 Grilled flat bread layere d with our Alfredo sauce, grilled chicken, mozzarella cheese and artichoke hearts , finished with diced tomato and our fr esh pesto. Grilled Chicken Alfredo Grilled chicken breast, sauteed onion and mushrooms on a bed of fettuccini tossed in our Alfredo sauce, topped with sweet peppers and parmesan cheese. Served with house-made jalapeno cheddar bread. 19 Chicken Chipotle Pasta 18 Grilled chicken breast, fres h spinach, mushroom a nd tomato tossed in our chipotle A lfredo sauce and penne pasta. Served wi th house-made jalapeno cheddar bread. Street Tacos 13 Three flour tortillas fillec\-"lulow rtMtSted seasoned~ p o rk , ·lJlade to order coleslaw, sh redded4 mozzaE~~~brllbh'¥7l'!_"ci laEP"o Ser'ved with fre s h chips and house-made sa ~t -~ --, ~~B 20 ~O~J AL COHOL•::, "" JA CO • HJ Gff'CE ST ATE 0 A LJi ~K~ Burgers & Sandwiches Cheese Burger Deluxe 11 I /3 lb. hand pressed burger, American cheese, lettuce, tomato and onion on a toaste d potato bun, served with pickle and fresh -cut fries. Bacon Cheeseburger $13 Double Bacon Cheeseburger $17 The Main Dip 13 1 /2 lb. hand pressed burger or grilled chicken, grilled peppers, onions, and mushrooms covered in Swiss cheese on a grilled hoagie roll served with a s ide of au jus & fresh-cut fries. Patty Melt 12 1/3 lb. hand-pressed chargrilled burger, grilled onions and Swiss cheese on gr illed rye bread, served with fresh-cut fries. BBQ Pulled Pork Sandwich 12 Slow-roasted pork tossed in our sweet citrus bourbon BBQ sauce served on a grilled potato bun with made to order coleslaw and fres h-cut fries . Grown-Up Grilled Cheese 11 Swiss, American, Cheddar and Mozzarella cheeses, two stri ps of bacon and gri lle d tomato on parmesan encrusted sourdough bread, served with fresh-cut fries . Western Burger 14 I /3 lb. ha nd-pressed burger charbro iled with our sweet citrus bourbon BBQ sauce, bacon, beer battere d onion rings and Swiss cheese on a grilled potato bun, served with fresh-cut fries. Mushroom Swiss Burger 12 113 lb. hand-pressed burger charbroiled and topped with grilled mushrooms and Swiss cheese, served with fresh-cut fr ies. BLT II Bacon, lettuce, tomatoes & mayonnaise on toasted wheat with fresh-cut fries. Black & Rieu Bird 13 Blackened chicken breast smothe red in ble u cheese with lettuce, tomato and onion on a potato bun served with pickle and fresh-cut fries . Black & Rieu Burger 13 1 /3 lb . bla ckened hand-pressed burger, melted bleu cheese, lettuce, tomato and onion on a potato bun , served with pickle and fresh-cut fr ies . Grilled Chicken Burger 13 Grilled chicken breast, melted cheese, lettuce, tomato and onion on a grilled potato bun, served with pickle and fresh-cut fries. Crispy Chicken Burger 11 Tender chicken stri ps , American cheese, le ttuce, tomato and onion on a grilled potato bun, served wi th pickle and fres h-cut fries The Street Club 13 Stacke d high with freshly sliced turkey breast and ham, c ri spy bacon , American and Swiss cheese, lettuce, tomato and mayonnaise on three layers of toasted sourdough bread served with fresh-cut fries . C hicken Strips 11 Four tender c h icken strips served on a basket of fresh-cut fr ies . 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Johni Blankenship, MMC Borough Clerk Office of the Borough Clerk 3/16/2018 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7th Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non-Objection of Transfer Owner Application Business Name : Main Street Tap & Grill - 406 Family Sports Café License Type : Beverage Dispensary/Tourism License Location : 10800 Kenai Spur Hwy, City of Kenai License No. : 4555 Previous Owner Name : Pink Coyote - MITAK LLC Dear Ms. Oates, 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 have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant City of Kenai KPB Finance Department File MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: March 21, 2018 SUBJECT: Issuance of New Liquor License The Alcohol and Marijuana Control Office has sent notification that the following applicant has submitted an application for a new liquor license within the City limits: Applicant: BPO Elks Lodge D/B/A: BPO Elks Lodge #2425 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 Alcohol and Marijuana Control Office and the applicant. The applicant is working to have everything in order so the Alcohol Beverage Control Board can consider issuance of the license at their April 4 meeting. They are concerned about additional negative impacts to their business if it were to be delayed to the ABC Board’s next quarterly meeting. Your consideration is appreciated. Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 March 20, 2018 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us kring@borough.kenai.ak.us License Type: Club License Number: 5644 Licensee: Kenai Elks Lodge #2425 Doing Business As: Kenai Elks Lodge #2425 ☒ New Application ☐ Transfer of Ownership Application ☐ Transfer of Location Application ☐ Transfer of Controlling Interest Application We have 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 within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your 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 license is prohibited under as a result of an election conducted under AS 04.11.507. AS 04.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant’s proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Johni Blankenship, MMC Borough Clerk Office of the Borough Clerk 3/21/2018 Sarah Daulton-Oates Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W 7th Ave, Ste. 1600 Anchorage, Alaska 99501-3567 RE: Non-Objection of New Liquor License Application Business Name : Kenai Elks Lodge #2425 License Type : Club License Location : 205 Barnacle Way, City of Kenai License No. : 5644 Dear Ms. Oates, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection to this New Liquor License application. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr Encl. cc: Applicant City of Kenai KPB Finance Department File ACTION AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 21, 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) 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. 3010-2018 -Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. (City Clerk) 2. POSTPONED TO APRIL 4 . 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 . (Council Members Pettey and Knackstedt) 3. ENACTED UNANIMOUSLY. 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. (Administration) 4 . ADOPTED UNANIMOUSLY. Resolution No. 2018-15 -Consenting to Vacation of Certain Utility Easements within the Proposed Radar Subdivision 2017 Replat. (Administration) Kenai City Council Meeting March 21 , 2018 Page 1 of 3 5. ADOPTED UNANIMOUSLY. Resolution No. 2018-16 -Authorizing the Purchase of Real Property Described as a Portion of Government Lot 7, Section Five (5), Township 5 North , Range 11 West, and Designated as Kenai Peninsula Borough Parcel Number 047-119-01 , from Lancet Ann Boyer Trust and James E. Johnson Revocable Trust, forthe Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will Not be Served by an Appraisal. (Administration) 6. ADOPTED UNANIMOUSLY. Resolution No. 2018-17 -Approving an Award of a Professional Services Contract for Engineering the Peninsula Avenue Bluff Erosion Design 2018 . (Administration) E. MINUTES 1.*Regular Meeting of March 7, 2018 F. UNFINISHED BUSINESS -None. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Bills to be Ratified . 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Purchase Orders Exceeding $15,000. 3 . NO ACTION TAKEN; WILL BE ON APRIL 4 AGENDA. Action/Approval -Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk , and City Manager. 4. APPROVED UNANIMOUSLY. Action/Approval -Non-Objection to Liquor License Transfer for MITAK, LLC , OBA Main Street Tap & Grill . 5. APPROVED UNANIMOUSLY. Action/Approval -Non-Objection to Issuance of New Liquor License to BPO Elks Lodge #2425. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 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. ADMINISTRATION REPORTS 1. City Manager Kenai City Council Meeting March 21 , 2018 Page 2 of 3 2 . City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION -None. M. PENDING ITEMS -None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15 ,000 for Council Review 2. Kenai Watershed Forum Sponsorship Request. The agenda and supporting documents are posted on the City's website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231 . Kenai City Council Meeting March 21 , 2018 Page 3 of 3 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE MARCH 21, 2018 KENAI C ITY 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. 3010-2018 -Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and T raining. (City Clerk) 2. ENACTED UNANIMOUSLY. 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 . (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2018-15 -Consenting to Vacation of Certain Utility Easements within the Proposed Radar Subdivision 2017 Replat. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2018-16 -Authorizing the Purchase of Real Property Described as a Portion of Government Lot 7, Section Five (5), Township 5 North, Range 11 West, and Designated as Kenai Peninsula Borough Parcel Number 047-119-01, from Lancet Ann Boyer Trust and James E. Johnson Revocable Trust , for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will Not be Served by an Appraisal. (Admin istration) 5. ADOPTED UNANIMOUSLY. Resolution No. 2018-17 -Approving an Award of a Professional Services Contract for Engineering the Peninsula Avenue Bluff Erosion Design 2018. (Administration) NOTICE OF PUBLIC HEARING MARCH 21, 2018 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will condu ct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above-noted mee t ing date : 1. O rdinance No. 3010-2018 -Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training . (City Clerk) 2. Ordinance No. 3011-2018 -Amending Kenai Municipal Code Section 14.20 .290 - Appeals -Board of Adjustment, to Amend Stand ing Requirements for Fil ing an Appea l, Fil ing Fee Waivers, Who Makes In itial Determinations on Standing , and Making Other Housekeeping Changes . (Council Members Pe ttey and Knackstedt) 3. Ordinance No. 3012-2018 -Authorizing a Budget Transf er in the Municipal Roadway Improvements Capital Project Fund and Appropriating Funds Transferred from the Municipal Roadway Improvements Cap ital Project Fu nd in the Personal Use Fishery Capital Project Fund for Projects Identified in the City 's 2017 Personal Use Fishery Report. (Administration) 4 . Resolut ion No. 2018-15 -Consenting to Vacation of Certain Uti lity Easements within the Proposed Radar Subdivision 2017 Replat. (Administration) 5 . Resolut ion No. 2018-16 -Authorizing the Purchase of Rea l Property Described as a Portion of Government Lot 7, Section Fi ve (5), Township 5 North , Range 11 West, and Des ignated as Kenai Peninsula Borough Parcel Number 047-119-0 1, from Lancet Ann Boyer Trust and James E. Johnson Revocable Trust, for th e Pub li c Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that Public Interest will Not be Served by an App raisal. (Administration) 6. Resolution No. 2018-17 -Approving an Award of a Profess ional Services Contract for Engineering the Peninsula Avenue Bluff Erosion Design 2018. (Admi ni stration ) The public hearing will commence at 6 :00 p.m., or as soon thereafte r as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai , Alaska, 99611. All interested persons are invited to attend the meeting and participate in the publ ic d iscussion. Written comments may be sent to the Kenai City Council , c/o Kenai City Clerk, 210 Fidalgo Avenue , Kenai , AK , 99611 . J mi Heinz, CMC, City Clerk P d : March 16, 2018