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HomeMy WebLinkAbout2018-09-05 Council Packet KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 05, 2018 - 6:00 PM KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A.CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL CONSENT AGENDA (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B.SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) B.1.Branden Bornemann, Executive Director, Kenai Watershed Forum – Update Regarding Water Quality of the Kenai River B.2.Paul Minelga – Deterioration ofWillow Street North of the Airport Terminal Building to the Airport Fire Station C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.PUBLIC HEARINGS D.1.Ordinance No. 3037-2018 – Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Terminal Improvements Capital Project Funds, Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing A Change Order To The Contract Of Wince Corthell-Bryson For Additional Design And Construction Administration Services, And Awarding A Construction Contract For The 2018 Airport Terminal Rehabilitation Project. (Administration) • Substitute Ordinance No. 3037-2018 Ordinance No. 3037-2018.pdf Ordinance No. 3037-2018 Substitute.pdf D.2.Ordinance No. 3038-2018 – Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Airport Improvements Capital Project Fund, Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing Execution Of A 1 Kenai City Council Meeting Page 2 September 05, 2018 Change Order To The Design And Engineering Contract Of Wince Corthell-Bryson For Construction Administration Services, And Awarding A Construction Contract To The 2018 Airport Fencing Rehabilitation With Access Control Project. (Administration) Ordinance No. 3038-2018.pdf Ordinance No. 3038-2018 - 08-31-18 Memo.pdf D.3.Resolution No. 2018-48 – Approving the First One Year Extension to the Agreement for Facility Management Services at the City of Kenai Multi-Purpose Facility. (Administration) Resolution No. 2018-48.pdf D.4.Resolution No. 2018-49 – Authorizing the Purchase of a Street Sweeper from Yukon Equipment, Inc., for the Total Amount of $289,571.00. (Administration) Resolution No. 2018-49.pdf E.MINUTES E.1.*Regular Meeting of August 1, 2018 08-01-18 Council Minutes - DRAFT.pdf E.2.*Regular Meeting of August 15, 2018 08-15-18 Council Minutes - DRAFT.pdf F.UNFINISHED BUSINESS - None. G.NEW BUSINESS G.1.*Action/Approval – Bills to be Ratified. Payments over $15,000.pdf G.2.*Action/Approval – Purchase Orders Over $15,000 Purchase Orders over $15,000.pdf G.3.*Action/Approval – Non-Objection to the Renewal of a Standard Marijuana Cultivation Facility License for Red Run Cannabis Cultivators, LLC, License No. 10052. (City Clerk) Red Run Cultivators Renewal.pdf G.4.*Action/Approval – Non-Objection to Renewal of a Retail Marijuana Store License for Red Run Cannabis Company, LLC, License No. 10056. (City Clerk) Red Run Retail Renewal.pdf G.5.*Ordinance No. 3039-2018 - Amending Kenai Municipal Code Sections 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural Resources, and 14.20.154-Issuance of Permit for Surface Extraction of Natural Resources, to Prohibit Surface Extraction of Natural Resources within the 100 Year and 500 Year Floodplains and Require Appropriate Professional Assistance with Site Plan Submittals. (Administration) Ordinance No. 3039-2018.pdf G.6.*Ordinance No. 3040-2018 - Amending Kenai Municipal Code Section 3.10.060 - Cruelty to Animals, to Require Owners Provide Adequate Care to Their Pets and Provide Clear Exceptions for Government Agencies and Others to Euthanize Animals and Remove Problem Animals When Necessary to Preserve Public Health Safety and Infrastructure. (Mayor Gabriel) 2 Kenai City Council Meeting Page 3 September 05, 2018 Ordinance No. 3040-2018.pdf H.COMMISSION/COMMITTEE REPORTS H.1.Council on Aging 08-09-18 COA Meeting Summary - DRAFT.pdf H.2.Airport Commission H.3.Harbor Commission • Sub-Committee Update H.4.Parks and Recreation Commission 08-02-18 Parks & Rec Summary - DRAFT.pdf H.5.Planning and Zoning Commission 08-08-18 P&Z Minutes - DRAFT.pdf 08-22-18 P&Z Minutes - DRAFT.pdf H.6.Beautification Committee H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR J.ADMINISTRATION REPORTS J.1.City Manager J.2.City Attorney J.3.City Clerk K.ADDITIONAL PUBLIC COMMENT K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker) K.2.Council Comments L.EXECUTIVE SESSION M.PENDING ITEMS M.1.Action/Approval – Field of Flowers Signage (Council Member Knackstedt) [Clerk’s Note: This item was referred to the Beautification Committee and then the Airport Commission.] 3 Kenai City Council Meeting Page 4 September 05, 2018 INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 - $15,000.pdf Thank You from Kenai Watershed Forum KWF Thank You.pdf N.ADJOURNMENT The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. 4 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3037-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE AND TERMINAL IMPROVEMENTS CAPITAL PROJECT FUNDS, ACCEPTING AND APPROPRIATING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION, AUTHORIZING A CHANGE ORDER TO THE CONTRACT OF WINCE CORTHELL-BRYSON FOR ADDITIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES, AND AWARDING A CONSTRUCTION CONTRACT FOR THE 2018 AIRPORT TERMINAL REHABILITATION PROJECT. WHEREAS, the Kenai Municipal Airport terminal building was constructed in 1968, expanded in 1983, and renovated in 1989 and 2001; and, WHEREAS, the 2017 Phase Two Airport Master Plan identified deferred maintenance items, and near and midterm facility requirements needed to rehabilitate the terminal building; and, WHEREAS, upgrading and modernizing the terminal building will enhance the experience of visitors and citizens travelling to and from the Kenai Municipal Airport; and, WHEREAS, it is anticipated that approximately 88% of this project will be grant eligible through the Federal Aviation Administration with the remainder of project costs to be provided by the City of Kenai; and, WHEREAS, sufficient fund balance exists to provide the Airports approximate 12% share of the project; and, WHEREAS, XX bids were received and XXXXXXXXXXXXXXX, is the lowest responsive bid; and, WHEREAS, the change order request by Wince Corthell-Bryson for additional design and construction administration services has been reviewed by City Administration and determined to be fair and reasonable; and, WHEREAS, the recommendation from City Administration is to award the contract for terminal rehabilitation to XXXXXXXXXX for the total cost of $XXX, XXX and execute a change order to the engineering and design contact of Wince-Corthell-Bryson by $XXX, XXX for a total amount of $XXX, XXX. WHEREAS, acceptance of the grant from the Federal Aviation Administration, award of a contract to XXXXXXXXXXXX, the lowest responsive bidder, for rehabilitation of the terminal, and execution of a change order to the design and engineering contract of Wince Corthell-Bryson is in the best interest of the City. 5 Ordinance No. 3037-2018 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 grant funding for $XXX, XXX from the Federal Aviation Administration and to execute a grant agreement and to expend grant funds to fulfill the purpose and intent of this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund: Increase Estimated Revenues – Appropriation of Fund Balance $X, XXX, XXX Increase Appropriations Terminal – Transfer to Other Funds $X, XXX, XXX Terminal Improvements Capital Project Fund: Increase Estimated Revenues – Transfer from Airport Special Revenue Fund $X, XXX, XXX FAA Grant X, XXXX, XXX $XX, XXX, XXX Increase Appropriations – Construction $ XX, XXX, XXX Engineering XXX, XXX $XX, XXX, XXX Section 3. That the City Manager is authorized to execute a construction contract with XXXXXXXXXXX for $XXX, XXX. Section 4. That the City Manager is authorized to execute a change order to the design and engineering contract of Wince-Corthell-Bryson in the amount of $XXX, XXX for additional design and construction administration services. Section 5. 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 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. 6 Ordinance No. 3037-2018 Page 3 of 3 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: August 15, 2018 Enacted: September 5, 2018 Effective: September 5, 2018 7 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant – Airport Manager DATE: August 6, 2018 SUBJECT: Ordinance No. 3037-2018 – Airport Terminal Building Rehabilitation Project ____________________________________________________________________________ City and Airport administration have been working diligently with FAA officials over the past months to strategize funding options for the rehabilitation of the airport terminal building. The Airport received notification on July 19, 2018 that the FAA intends to fully fund the project with conventional airport improvement program monies in FY18; however, this also meant that the project had to be at least 95% designed, advertised, grant application submitted based on the bids, and the City to be administratively prepared to sign the grant offer by September 4, 2018. This opportunity is allowing us to bid the complete project and not push back or phase the project. This project will start in October 2018 with a completion date of December 1, 2019. This project has been a long time coming and will modernize the terminal, address deferred maintenance items, near and midterm facility requirements, and allow passengers a more enjoyable experience when travelling through the Kenai Airport. This project is currently being advertised with bid openings on August 27, 2018. Due to the time constraints, the dollars related to the construction and engineering costs are blank. A substitute ordinance will be presented at the September 5, 2018 City Council meeting with the actual costs based on the bids. Thank you for your consideration. 8 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3037-2018 SUBSTITUTE AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE AND TERMINAL IMPROVEMENTS CAPITAL PROJECT FUNDS, ACCEPTING AND APPROPRIATING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION, AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WINCE-CORTHELL-BRYSON FOR ADDITIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES, AND AWARDING A CONSTRUCTION CONTRACT FOR THE 2018 AIRPORT TERMINAL REHABILITATION PROJECT. WHEREAS, the Kenai Municipal Airport terminal building was constructed in 1968, expanded in 1983, and renovated in 1989 and 2001; and, WHEREAS, the 2017 Phase Two Airport Master Plan identified deferred maintenance items, and near and midterm facility requirements needed to rehabilitate the terminal building; and, WHEREAS, upgrading and modernizing the terminal building will enhance the experience of visitors and citizens travelling to and from the Kenai Municipal Airport; and, WHEREAS, it is anticipated that approximately 94.48% of this project will be grant eligible through the Federal Aviation Administration with the remainder of project costs to be provided by the City of Kenai; and, WHEREAS, sufficient fund balance exists to provide the Airport’s share of the project; and, WHEREAS, three bids were received and Blazy Construction, Inc., was the lowest responsive bidder; and, WHEREAS, the additional Professional Services Proposal submitted by Wince-Corthell-Bryson for additional design and construction administration services has been reviewed by City Administration and determined to be fair and reasonable; and, WHEREAS, the recommendation from City Administration is to award the contract for terminal rehabilitation to Blazy Construction, Inc. for the total cost of $10,985,994 and execute an Amendment to the Professional Services Agreement with Wince-Corthell-Bryson to increase by $466,122 for a total amount, not to exceed $1,192,622 or 10.85% of estimated construction costs; and, WHEREAS, acceptance of the grant from the Federal Aviation Administration, award of a contract to Blazy Construction, Inc., the lowest responsive bidder, for rehabilitation of the terminal, and execution of an Amendment to the Professional Services Agreement with Wince-Corthell-Bryson is in the best interest of the City. 9 Ordinance No. 3037-2018 SUBSTITUTE Page 2 of 3 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 grant funding for $10,619,265 from the Federal Aviation Administration and to execute a grant agreement and to expend grant funds to fulfill the purpose and intent of this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund: Increase Estimated Revenues – Appropriation of Fund Balance $ 1,570,766 Increase Appropriations Terminal – Transfer to Other Funds $ 1,570,766 Terminal Improvements Capital Project Fund: Increase Estimated Revenues – Transfer from Airport Special Revenue Fund $ 1,570,721 FAA Grant 10,619,995 $12,190,716 Increase Appropriations – Construction $11,724,594 Engineering 466,122 $12,190,716 Section 3. That the City Manager is authorized to execute a construction contract with Blazy Construction, Inc. for $10,985,994. Section 4. That the City Manager is authorized to issue a purchase order to Blazy Construction in the amount of $11,485,994 for the contract amount of $10,985,994 and $500,000 of contingency funding, which may be authorized for construction change orders during completion of the project. Section 5. That the City Manager is authorized to execute an Amendment to the Professional Services Agreement with Wince-Corthell-Bryson in the amount of $466,122 for additional design and construction administration services. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such 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. 10 Ordinance No. 3037-2018 SUBSTITUTE Page 3 of 3 Section 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: August 15, 2018 Enacted: September 5, 2018 Effective: September 5, 2018 11 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant – Airport Manager Scott Curtin – Public Works Director DATE: August 30, 2018 SUBJECT: Substitute Ordinance No. 3037-2018 – Airport Terminal Building Rehabilitation Project ____________________________________________________________________________ City and Airport administration have been working diligently with FAA officials over the past months to strategize funding options for the rehabilitation of the airport terminal building. The Airport received notification on July 19, 2018 that the FAA intends to fully fund the project with conventional airport improvement program monies in FY18; however, this also meant that the project had to be at least 95% designed, advertised, grant application submitted based on the bids, and the City to be administratively prepared to sign the grant offer by September 4, 2018. This opportunity is allowing us to bid the complete project and not push back or phase the project. This project will start in October 2018 with a completion date of December 1, 2019. This project has been a long time coming and will modernize the terminal, address deferred maintenance items, near and midterm facility requirements, and allow passengers a more enjoyable experience when travelling through the Kenai Airport. An Invitation to Bid was issued on August 6, 2018, with Bids due on August 29, 2018. The City received three (3) competitive Bids detailed below: o Blazy Construction, Inc. $10,985,994.00 o Dawson Construction, LLC $11,060,000.00 o F-E Contracting, Inc. $11,615,000.00 Blazy Construction, Inc., was found to be the lowest responsive Bidder. 12 Page 2 of 2 Memo of Support for Ordinance No. 3037-2018 This Ordinance shall provide for acceptance of a Grant through the Federal Aviation Administration, Authorization to execute a Construction Contract with Blazy Construction, Inc., with a corresponding Purchase Order and Authorization to execute a Professional Design Services Amendment to Wince-Corthell-Bryson for additional design and construction administration services. The Administration acknowledges the above as being in the best interest of the City. The Council’s support of Substitute Ordinance No. 3037-2018 is respectfully requested. 13 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3038-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUND, ACCEPTING AND APPROPRIATING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION, AUTHORIZING EXECUTION OF A CHANGE ORDER TO THE DESIGN AND ENGINEERING CONTRACT OF WINCE CORTHELL-BRYSON FOR CONSTRUCTION ADMINISTRATION SERVICES, AND AWARDING A CONSTRUCTION CONTRACT TO THE 2018 AIRPORT FENCING REHABILITATION WITH ACCESS CONTROL PROJECT. WHEREAS, the access control system installed in the airport perimeter fence is outdated and unrepairable; and, WHEREAS, airport access control is a fundamental requirement of 49 CFR Part 1542 in order to deter and prevent unauthorized access to airports; and, WHEREAS, replacing and upgrading the current control system will establish a reasonable level of security for ramp and runway access and ensure the airport meets this requirement; and, WHEREAS, the Federal Aviation Administration agreed that the replacement of the access control and the design services are grant eligible; and, WHEREAS, the Administration has received confirmation these services are grant eligible for 93.75% FAA reimbursement, $XXX,XXX, with the remaining 6.25% of project costs, $XXX,XXX to be provided by the City of Kenai; and, WHEREAS, XX bids were received and XXXXXXXXXXXXXXXX, is the lowest responsive bidder; and, WHEREAS, the change order request by Wince Corthell-Bryson for construction administration services has been reviewed by City Administration and determined to be fair and reasonable; and, WHEREAS, the recommendation from City Administration is to award the contract for fencing rehabilitation with access control to XXXXXXXXXXXX for the total cost of $XXX,XXX and execute a change order to the engineering and design contact of Wince-Corthell-Bryson by $XXX,XXX for a total amount of $XXX,XXX, and; WHEREAS, acceptance of the grant from the Federal Aviation Administration, award of a contract to XXXXXXXXXXXX, the lowest responsive bidder, for fencing rehabilitation with access control, and execution of a change order to the design and engineering contract of Wince Corthell-Bryson is in the best interest of the City. 14 Ordinance No. 3038-2018 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 grant funding for $ XXX,XXX from the Federal Aviation Administration and to execute a grant agreement and to expend grant funds to fulfill the purpose and intent of this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund:\ Increase Estimated Revenues – Appropriation of Fund Balance $XX,XXX Increase Appropriations Other Buildings & Areas– Transfer to Other Funds $XX,XXX Airport Improvements Capital Project Fund: Airport Fencing Rehabilitation with Access Control Project Increase Estimated Revenues – Transfer from Airport Special Revenue Fund $ XX,XXX FAA Grant XXX,XXX $XXX,XXX Increase Appropriations – Construction $XX,XXX Engineering XX,XXX $XXX,XXX Section 4. That the City Manager is authorized to execute a construction contract with XXXXXXXXXXX for $XXX,XXX. Section 5. That the City Manager is authorized to execute a change order to the design and engineering contract of Wince-Corthell-Bryson in the amount of $XXX, XXX for construction administration services. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such 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 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. 15 Ordinance No. 3038-2018 Page 3 of 3 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5 day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: August 15, 2018 Enacted: September 5, 2018 Effective: September 5, 2018 16 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant – Airport Manager DATE: August 3, 2018 SUBJECT: Ordinance No. 3038-2018 – Airport Fencing with Access Control Project ____________________________________________________________________________ The Airport received FAA approval to advertise for the above project on July 31, 2018 and gave granting authority with FY18 airport improvement funds. This project will replace an obsolete access control system on nine gates in the airport’s perimeter fence. This is a much needed project that will ensure there is a reasonable level of security preventing unauthorized access to the airfield and allow the Kenai Airport to meet the requirements of 49 CFR Part 1542. This project is currently being advertised with bid openings on August 27, 2018. Due to time constraints related to getting a grant application in and a grant offer by September 5, the dollars related to the construction and engineering costs are blank. A substitute ordinance will be presented at the September 5, 2018 City Council meeting with the actual costs based on the bid. Thank you for your consideration. 17 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant – Airport Manager Scott Curtin – Public Works Director DATE: August 31, 2018 SUBJECT: Ordinance No. 3038-2018 – Airport Fencing with Access Control Project ____________________________________________________________________________ The Airport received FAA approval to advertise for the above project on July 31, 2018 and gave granting authority with FY18 airport improvement funds. This project will replace an obsolete access control system on nine gates in the airport’s perimeter fence. An Invitation to Bid was released on August 6, 2018 with Bids due on August 29, 2018. One (1) Bid was received from Lakloey, Inc., with a Base Bid of $829,000.00 and an Additive Alternate #1 Bid of $154,000.00. Total Combined Bid of $983,000.00. The Bid received was well above the estimated cost for the Project and as such the Administration’s recommendation is to not award the Bid, and postpone the Ordinance indefinitely. 18 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018 - 48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE FIRST ONE YEAR EXTENSION TO THE AGREEMENT FOR FACILITY MANAGEMENT SERVICES AT THE CITY OF KENAI MULTI-PURPOSE FACILITY. WHEREAS, Red Line Sports desires to exercise the first one-year extension of the two available extensions for the Facility Management Services Agreement at the City of Kenai Multi-Purpose Facility and continue providing independent contract work for ice maintenance throughout the 2018-2019 winter season; and, WHEREAS, the recommendation from the City Administration is to extend the Agreement for one year as Red Line Sports has been providing good service to the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a one year extension to the existing Agreement for Facility Management Services at the Kenai Multi-Purpose Facility. Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 19 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: August 28, 2018 SUBJECT: Resolution No. 2018-48 – Approving a One Year Extension for Facility Management Services at the City of Kenai Multi-Purpose Facility ____________________________________________________________________________ The purpose of this correspondence is to recommend to Council the approval of a one-year extension to continue providing independent contract work for ice maintenance at the City of Kenai Multi-Purpose Facility throughout the 2018-2019 winter season. Red Line Sports desires to exercise a one-year extension of the current Agreement. The current Agreement allows for two (2) successive one-year extensions. Red Line Sports has been providing good service to the City and feedback has been positive. If approved, the Agreement would be amended to reflect a contract extension to end on September 27, 2019. Your support of Resolution No. 2018-48 is respectfully requested. Attachment 20 First Extension to Agreement for Facility Management Services FIRST EXTENSION TO AGREEMENT FOR FACILITY MANAGEMENT SERVICES AT THE KENAI MULTI-PURPOSE FACILITY The City of Kenai (Owner), 210 Fidalgo Avenue, Kenai, AK 99611-7794, and Vince Redford d/b/a Red Line Sports (Contractor), a sole proprietorship, 168 Trumpeter Avenue, Soldotna, AK 99669, hereby amend the Agreement for Facility Management Services at the Kenai Multi-Purpose Facility, dated September 27, 2018 (the Agreement) as follows: 1. Paragraph 1 of the Agreement is amended to reflect the first one-year extension of the term of the Agreement by extending the contract term to September 27, 2019. 2. Except as expressly modified or stated herein, all other terms and conditions of the Agreement remain in full force and effect. CITY OF KENAI Dated:__________________ By: _______________________________ Paul Ostrander, City Manager CONTRACTOR Dated:__________________ By: _______________________________ Vince Redford, Owner Red Line Sports 21 First Extension to Agreement for Facility Management Services STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of September, 2018, the foregoing instrument was acknowledged before me by PAUL OSTRANDER, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. ____________________________________ Notary Public for Alaska My Commission Expires:_______________ STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of September, 2018, by VINCE REDFORD. ____________________________________ Notary Public for Alaska My Commission Expires:_______________ Approved as to form: _______________________________ Scott M. Bloom, City Attorney ATTEST: _______________________________ Jamie Heinz, CMC, City Clerk 22 First Extension to Agreement for Facility Management Services Approved by Finance: _______________________________ Terry Eubank, Finance Director 23 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018 - 49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF A STREET SWEEPER FROM YUKON EQUIPMENT, INC., FOR THE TOTAL AMOUNT OF $289,571.00. WHEREAS, the City formally issued an Invitation to Bid on August 1, 2018, with Bids due on August 15, 2018 for the purchase of a Street Sweeper; and WHEREAS, Yukon Equipment, Inc. was found to be the lowest responsive Bidder with a Bid amount of $289,571.00; and WHEREAS, Yukon Equipment, Inc.’s bid meets the bid specification requirements; and, WHEREAS, per the Scheduled Replacements within the Equipment Replacement Fund from the City’s Approved Current Annual Budget, this new sweeper shall replace the existing 1998 Eagle Street Sweeper; and, WHEREAS, the recommendation from the City Administration is to award the bid to Yukon Equipment, Inc.; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a contract with Yukon Equipment, Inc. for a new Street sweeper in the amount of $289,571.00. Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 24 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: August 28, 2018 SUBJECT: Resolution No. 2018–49 Authorize the Purchase of a New Street Sweeper from Yukon Equipment, Inc. ____________________________________________________________________________ The purpose of this memo is to recommend passage of Resolution 2018-49; to authorize a Bid Award to Yukon Equipment, Inc. for the purchase of a new Elgin Street Sweeper in the amount of $289,571.00. This is a planned replacement, and is included in the City’s current Annual Budget, as indicated within the Equipment Replacement Fund. This new sweeper will replace an existing 1998 model. A formal Invitation to Bid was advertised on August 1, 2018, with Bids due on August 15, 2018. Yukon Equipment, Inc. was found to be the lowest responsive Bidder. It should be noted the Equipment Replacement Fund indicated a planned replacement cost of $210,421.00, however this cost was based on the replacement of the existing sweeper which was purchased used from the Airport. The lower used purchase price resulted in a lower calculated replacement cost, which accounts for the difference in actual requested funds. The Equipment Replacement account can fund the amount without adversely affecting future planned replacements. Approval of this Resolution will allow the Public Works Department to continue to effectively maintain our City Streets, minimize sand and debris from blocking storm drains, and eliminate the expenses that are common with maintaining a twenty year old piece of equipment. The administration recommends this planned replacement. Your support for Resolution 2018-49 is respectfully requested. 25 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 1, 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 August 1, 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 (absent) Mike Boyle (telephonic) Glenese Pettey 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 modifications to the packet and agenda: Add to item G.5. Field of Flowers Signage • Photos of Other Various Signs Move item G.5. Field of Flowers Signage to be considered after Scheduled Public Comment MOTION: 26 City of Kenai Council Meeting Page 2 of 9 August 1, 2018 Council Member Molloy MOVED to approve the agenda with the requested revisions to the agenda and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Johna Beech, Kenai Chamber of Commerce and Visitor Center – Second Quarter Update. Johna Beech, President of the Kenai Chamber of Commerce and Visitor Center provided an update on the visitor and website statistics of the second quarter; also reported on events at the visitor center, the Eagle Cam efforts, and the Silver Salmon Derby. C. UNSCHEDULED PUBLIC COMMENTS None. MOTION: Council Member Molloy MOVED to suspend rules and move item D.5. to be considered first 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: YEA: Molloy, Gabriel, Navarre, Boyle, Pettey, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 27 City of Kenai Council Meeting Page 3 of 9 August 1, 2018 D. PUBLIC HEARINGS 5. Resolution No. 2018-45 – Accepting the Proceeds from a $2,000 Caring for the Kenai Project Development Grant Provided by Enstar Natural Gas to Mr. Riley Graves for the Purchase and Deployment of Magnets to Remove Nails and Other Metal Debris from City Beaches. (Administration) [Clerk’s Note: This item was moved to be considered first after a motion to suspend the rules.] MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-45 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing. Katie Quinn spoke about Riley Graves being a great student and very attentive with his project. There being no one else wishing to be heard, public comment was closed. Administration gave an overview of the magnets working well on the beaches and the City’s plan to do more raking after the completion of the dipnet fishery. Riley was thanked for his exceptional project. VOTE: YEA: Molloy, Gabriel, Navarre, Boyle, Pettey, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. Merrill Sikorski, Caring for the Kenai Representative, pointed out the great examples of students and their excellent projects; trying to take the program to other communities. He complimented those that served on the judging panel for the program and the Council for providing an opportunity for Mr. Graves to follow through with his idea. Robin Berry, Enstar Representative, stated he was honored to be a part of the process, adding that it was nice to see a great idea come along; noted he was glad Mr. Graves was able to see his idea turn into an implemented solution. Riley Graves noted he appreciated the opportunity to help his community, adding that he was glad he was also able to help with the grants. G.5. Action/Approval – Field of Flowers Signage. [Clerk’s Note: This item was moved to an earlier point in the agenda during approval of the agenda.] MOTION: 28 City of Kenai Council Meeting Page 4 of 9 August 1, 2018 Council Member Knackstedt MOVED to direct the City Manager to construct and install the Field of Flowers signage as requested by the Airport Commission. Vice Mayor Navarre SECONDED the motion. A positive outcome was requested noting the City had developed the Field of Flowers on property maintained to benefit the Airport. Size, location, wording, and materials were discussed. Mirroring the “Welcome to the City of Kenai,” sign was suggested. It was further suggested that Administration be given latitude. MOTION TO REFER: Council Member Molloy MOVED to amend by postponing and referring the matter to the Beautification Committee and Administration for a recommendation and for other designs to be considered. Council Member Boyle SECONDED the motion. It was pointed out that several Commissions were involved in the creation of the Field of Flowers and the signage was proposed by a single Commission without regard for the other Commissions. It was suggested that beautiful and simplistic would be more appropriate and placement to be on the Lawton Drive side. MOTION TO AMEND THE REFERRAL: Council Member Knackstedt MOVED to amend the amendment by sending the recommendations of the Beautification Committee and Administration to the Airport Commission once developed for a final review. Vice Mayor Navarre SECONDED the motion. There was consensus among City Council that they wanted to see the comments from the others making recommendations and didn’t want them to feel constrained on their comments regarding the signage. VOTE ON THE AMENDMENT TO THE REFERRAL: YEA: Molloy, Gabriel, Navarre, Boyle, Pettey, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDED REFERRAL: YEA: Molloy, Gabriel, Navarre, Boyle, Pettey, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 1. Ordinance No. 3034-2018 - Repealing Kenai Municipal Code Chapters 16.05- General Provisions, and 16.10- Procedure, within Title 16- Public Improvements and Special Assessments and Re-Enacting and Renaming Chapter 16.05- Special Assessment Districts. (Council Member Knackstedt) 29 City of Kenai Council Meeting Page 5 of 9 August 1, 2018 MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3034-2018 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing. There being no one wishing to be heard, public comment was closed. An overview of changes the ordinance would incorporate into the code was provided. It was noted the changes included engineering estimates to be provided, creation of a district, incorporation of an application process, onsite placement of public notices, the types of projects that districts could be created to accomplish, a filing fee, petition timing, and the Council’s ability to match funding. The flow chart was also reviewed. Concerns, including potential barriers to residents and the requirement of trust documents were expressed and clarification was provided on the meaning of a force account and the effect of Council approving a petition report. Appreciation expressed for the flow chart that helped to clarify the process. MOTION TO POSTPONE: Council Member Knackstedt MOVED to postpone to the August 15 Council meeting. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. [Clerk’s Note: Council Member Boyle was excused from the meeting at 7:29 p.m.] 2. Resolution No. 2018-42 – Authorizing the City Manager to Enter Into a Restaurant Concession Agreement for the Kenai Municipal Airport. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-42 and Vice Mayor Navarre SECONDED the motion. Mayor Gabriel opened the public hearing. James Hamilton spoke about his family members moving to Kenai with years of service in the restaurant industry; restoring their love for cooking. He noted they were looking forward to the new business and briefly discussed what food they would be offering and hours of operation. There being no one else wishing to be heard, public comment was closed. Clarification was provided on the payment schedule and the agreement end date was discussed. VOTE: YEA: Molloy, Gabriel, Navarre, Pettey, Knackstedt NAY: 30 City of Kenai Council Meeting Page 6 of 9 August 1, 2018 MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2018-43 – Approving a Second Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City to Enter Into Such Agreement with Corvus Airlines D/B/A Ravn Alaska. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-43. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2018-44 – Approving a Second Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City to Enter Into Such Agreement with Grant Aviation, Inc. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-44 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2018-45 – Accepting the Proceeds from a $2,000 Caring for the Kenai Project Development Grant Provided by Enstar Natural Gas to Mr. Riley Graves for the Purchase and Deployment of Magnets to Remove Nails and Other Metal Debris from City Beaches. (Administration) [Clerk’s Note: This item was moved to the first item considered after the passage of a motion to suspend the rules.] 6. Resolution No. 2018-46 – Approving the Execution of a Lease of Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai and SOAR International Ministries, Incorporated, for the Undeveloped Portion of Tract A, General Aviation Apron Number Two. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-46 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. 31 City of Kenai Council Meeting Page 7 of 9 August 1, 2018 Administration clarified that work associated with the lease was required be completed within two years. VOTE: YEA: Molloy, Gabriel, Navarre, Pettey, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. C. MINUTES 1.*Regular Meeting of July 5, 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 over $15,000. Approved by the consent agenda. 3. *Ordinance No. 3035-2018 – Increasing Estimated Revenues and Appropriations by $2057.58 in the General Fund (FY18) – Police Department for State Traffic Grant Overtime Expenditures. (Administration) Introduced by the consent agenda and public hearing set for August 15, 2018. 4. *Ordinance No. 3036-2018 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. (Administration) Introduced by the consent agenda and public hearing set for August 15, 2018. 5. Action/Approval – Field of Flowers Signage. (Council Member Knackstedt) [Clerk’s Note: This item was moved to an earlier point in the meeting during approval of the agenda.] 6. Action/Approval – Authorize the City Manager to Enter into a Memorandum of Agreement between the Kenai Peninsula Borough and the City of Kenai for Participation in a Multi-Jurisdictional Team to Review and Coordinate Hazard Mitigation Plans. (Administration) Administration provided an overview of the agreement and the responsibilities associated. MOTION: 32 City of Kenai Council Meeting Page 8 of 9 August 1, 2018 Council Member Molloy MOVED to authorize the City Manager to enter into a Memorandum of Agreement between the Kenai Peninsula Borough and the City of Kenai for participation in a multi- jurisdictional team to review and coordinate hazard mitigation plans and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion Clarification was provided that there was no financial obligation associated VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; next meeting August 9. 2. Airport Commission – It was reported that at their July 12 meeting, the Commission discussed the Field of Flowers signage, heard an overview of the airport budget, received training from the City Clerk, recommended approval of the SOAR lease, and heard a status update on the Airport Terminal Rehabilitation Project; next meeting August 9. 3. Harbor Commission – It was reported that at their July 9 meeting, the Commission heard from individuals selling property on the river which might be of interest to the City; next meeting August 6. 4. Parks and Recreation Commission – No report; next meeting August 2. 5. Planning and Zoning Commission – It was reported that on July 25 the Commission approved home occupation permit for a gunsmith business and discussed a report of commercial marijuana facilities in the City; next meeting August 8. 6. Beautification Committee – No report; next meeting September 10. 7. Mini-Grant Steering Committee – It was reported that on July 6 the Committee considered Riley Graves’ application for grant funding to offset the cost of the magnetic rake project; approved the request for grant. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Slower than average fishing year for dipnet and commercial fishing; • Attended a meeting with Governor Walker and Fish and Game Commissioner, Sam Cotton regarding commercial fishing in Cook Inlet; • Mayor Porter was organizing an effort to develop a dog park near Daubenspeck Park. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • The Federal Aviation Administration committed to funding $11.7 million of the Airport Terminal Rehabilitation Project; construction to begin this fall; • Dipnet Fishery revenue down; working internally to make adjustments; 33 City of Kenai Council Meeting Page 9 of 9 August 1, 2018 • The Bluff Erosion Project was on the same schedule with a decision expected in December. 2. City Attorney – No report. 3. City Clerk – J. Heinz provided publications that had been created by the Office of the City Clerk regarding Commission involvement and following along with agendas; noted the candidate-filing period had opened and would be open until August 15 with one candidate certified; Primary Election being August 21. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Council Member Knackstedt thanked Administration for their work to get the Airport Terminal Rehabilitation Project together; noted he supported the idea of a dog park; expressed concern regarding the press’ reporting of the bacteria on the beaches and encouraged the City Manager to help reframe the reporting as the bacteria being a naturally occurring function in the lower river. Vice Mayor Navarre thanked Mayor Porter for her efforts on the dog park project noting Kenai Rotary and corporate sponsors were participating; asked that Mark and Anita Necessary be kept in prayers for their loss. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:22 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 1, 2018. _____________________________ Jamie Heinz, CMC City Clerk 34 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 1 5, 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 August 15, 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 (absent) Glenese Pettey 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 modifications to the packet: Add to item D.3. Resolution No. 2018-47 • Amendment Memo MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions to the packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 35 City of Kenai Council Meeting Page 2 of 10 August 15, 2018 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 None. C. UNSCHEDULED PUBLIC COMMENTS Ryan Tunseth provided an update on his Marijuana Retail Store business which was ready to open pending an inspection from the Alcohol and Marijuana Control Office. He thanked City officials involved with helping him along the permitting and construction process and extended an invitation to Council members to stop by for a tour anytime he was there. He also advised the Council that the next Marijuana Control Board meeting was in October and taking place in Kenai; he encouraged Council to pass a resolution encouraging the Board to enact regulations which would speed up the licensing process. D. PUBLIC HEARINGS 1. Ordinance No. 3035-2018 - Increasing Estimated Revenues and Appropriations by $2057.58 in the General Fund (FY18) – Police Department for State Traffic Grant Overtime Expenditures. (Administration) MOTION: Council Member Molloy MOVED to enact Ordinance No. 3035-2018 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing. There being no one wishing to be heard, public comment was closed. VOTE: YEA: Molloy, Gabriel, Pettey, Navarre, Glendening, Knackstedt NAY: 36 City of Kenai Council Meeting Page 3 of 10 August 15, 2018 MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3036-2018 – Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Ordinance No. 3036-2018 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Molloy, Gabriel, Pettey, Navarre, Glendening, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2018-47 – Approving a Twenty-Year Extension and Amendment to the Annual Rent and Lease Option Terms for the Lease and Concession Agreements for the Kenai Municipal Golf Course and Recreation Area Between the City Of Kenai and Griffin Golf Enterprises. (Administration) MOTION: Vice Mayor Navarre MOVED to adopt Resolution No. 2018-47 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Vice Mayor Navarre MOVED to amend the resolution by replacing the word, “in,” before the words, “Twelfth Amendment to the Lease and Concession Agreement,” with the word, “the,” and replace the word “show,” with the word, “shown,” in section one of the Resolution, and replace the word, “created,” with the word, “credited,” in section two of both lease amendments and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. Administration was thanked for working together with the lessee to develop agreeable terms. Clarification was provided regarding the changes in the lease amendments which included a lease price change and requirements for improvements. Some of the proposed improvements were also discussed. The Griffin family was thanked for their investment in the City of Kenai. 37 City of Kenai Council Meeting Page 4 of 10 August 15, 2018 VOTE ON THE MAIN MOTION: YEA: Molloy, Gabriel, Navarre, Glendening, Knackstedt, Pettey NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES None. F. UNFINISHED BUSINESS 1. Ordinance No. 3034-2018 - Repealing Kenai Municipal Code Chapters 16.05- General Provisions, and 16.10- Procedure, within Title 16- Public Improvements and Special Assessments and Re-Enacting and Renaming Chapter 16.05- Special Assessment Districts. (Council Member Knackstedt) [Clerk’s Note: This Item was Postponed to this Meeting from the August 1, 2018 Meeting; A Motion to Enact is On the Floor.] Appreciation was expressed for the flow chart and the Attorney’s analysis. There was discussion regarding the requirement for the number of signatures required on the petition proposing the special assessment district, the application fee, and the timing of the payment of the application fee. Concern was expressed that the proposed changes were more complex than the existing regulations and may have some barriers, including the high application fee and multiple steps to the process where there had only been one. There was also concern expressed regarding the perception of government. Clarification was provided that both criteria in section 16.05.120(d) must be met in order for the project to move forward. Clarification was also provided that an exempt property was sufficiently covered in a new section of the proposed ordinance. There was discussion regarding the petition process and how it fit into the overall process; topics included Council’s approval of the petition language to alleviate disputes, the City Clerk providing the petition to the sponsors, and who was responsible for circulating the petition. Clarification was provided that Council was not bound by other legalities with regard to the assessment provisions and could make a policy decision to deviate. Support for the ordinance was expressed noting the process was clarified and provided the City time to focus on and put projects into perspective, and to look into funding options if desired; a smaller percentage of petition signatures was preferred. There was discussion regarding the percentage of petition signatures that should be required. The application fee was discussed. It was noted the City had upfront costs in working with the applicant and suggested it was important for the City to collect an application fee to ensure the property owners had seriously considered the project prior to submitting an application. The Kenai Peninsula Borough fee structure was also discussed. MOTION TO AMEND: 38 City of Kenai Council Meeting Page 5 of 10 August 15, 2018 Council Member Molloy MOVED to amend section 16.05.095 by deleting, “conditioned on the filing of an application fee by the sponsor,” from part a, deleting part b, renumbering part c as part b, and deleting, “After the sponsor submits the non-refundable application fee to City Clerk,” from what would newly be numbered part b so the section would then read, “(a) Council Approval for engineer's or architects estimate. The Council shall determine by resolution whether to approve an order for an engineer's or architects estimate. (b) Engineer's or Architect’s estimate. The City Manager or designee shall obtain an estimate, etc.” The motion failed for lack of a second. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the percentage in section 16.05.120(d) from seventy percent to sixty percent so the section would then read, “In order for the City Council to consider the proposed special assessment district further, the petition must contain the signatures of the owners of record of (a) at least 60 percent of the total number of parcels subject to assessment within the proposed district and (b) at least 50 percent in value of the property to be benefited, in order to be considered by the Council for formation,” and Council Member Glendening SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by deleting, “(a)” and “and (b) at least 50 percent in value of the property to be benefited,” and Council Member Pettey SECONDED the motion. Clarification was provided the effect of the amendment to the amendment was a policy decision, which wasn’t currently addressed in the code and was a method utilized by the Kenai Peninsula Borough to address significant discrepancies in parcel sizes. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Molloy, Gabriel, Navarre NAY: Glendening, Knackstedt, Pettey MOTION FAILED . MOTION TO AMEND THE AMENDMENT: Council Member Molloy MOVED to amend the amendment by adding the word, “assessed” in subsection (b) before the word, “value,” so that the statement would read, “at least 50 percent in assessed value of the property to be benefitted,” and Council Member Knackstedt SECONDED the motion. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Molloy, Gabriel, Navarre, Glendening, Knackstedt, Pettey NAY: MOTION PASSED UNANIMOUSLY. 39 City of Kenai Council Meeting Page 6 of 10 August 15, 2018 UNANIMOUS CONSENT was requested on the amended amendment. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Glendening MOVED to amend the percentage in the third whereas clause from seventy percent to sixty percent. Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend section 16.05.120(h)(4) by deleting, “will only be accepted by the clerk if it is accompanied by a copy of the trust document,” and replacing with, “must be accompanied by a certification that the trustee(s) has the authority to sign on behalf of the trust.” Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend section 16.05.140(f) by deleting, “by force account or by contract, or in any other manner provided by law,” from the statement and replacing with, “in any manner consistent with applicable City Ordinances,” and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Molloy MOVED to amend the special assessment flow chart to remove and replace Resolution with Ordinance in KMC 16.05.095(e) notice inclusions and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Council Member Knackstedt MOVED to amend 16.05.140(e)(8) by inserting the word, “and,” between the words, “design,” and, “construction,” and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: 40 City of Kenai Council Meeting Page 7 of 10 August 15, 2018 Council Member Knackstedt MOVED to amend 16.05.160(a) by inserting the words, “and the,” between the words, “completed,” and, “actual,” in the first line. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Gabriel, Navarre, Glendening, Knackstedt NAY: Molloy MOTION PASSED. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders over $15,000. Approved by the consent agenda. 3. *Action/Approval – Non-Objection to the Issuance of a New Limited Marijuana Cultivation Facility License for Grateful Bud, LLC, License No. 16474. (Administration) Approved by the consent agenda. 4. *Action/Approval – Non-Objection to Issuance of a New Retail Marijuana Store License for Majestic Gardens, LLC, License No. 15393. (Administration) Approved by the consent agenda. 5. *Ordinance No. 3037-2018 – Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Terminal Improvements Capital Project Funds, Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing A Change Order To The Contract Of Wince Corthell-Bryson For Additional Design And Construction Administration Services, And Awarding A Construction Contract For The 2018 Airport Terminal Rehabilitation Project. (Administration) Introduced by the consent agenda and public hearing set for September 5. 6. *Ordinance No. 3038-2018 – Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Airport Improvements Capital Project Fund, Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing Execution Of A Change Order To The Design And Engineering Contract Of Wince Corthell-Bryson For Construction Administration Services, And Awarding A Construction Contract To The 2018 Airport Fencing Rehabilitation With Access Control Project. (Administration) 41 City of Kenai Council Meeting Page 8 of 10 August 15, 2018 Introduced by the consent agenda and public hearing set for September 5. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – It was reported that on August 9 the Council on Aging discussed security cameras in the entry of the Senior Center, new carpeting, and a new dishwasher. It was also reported that Bill Osborn and Joanna Hollier had notified the group that they were resigning from the committee and a luncheon was held to thank them for their service; next meeting September 13. 2. Airport Commission – No report; next meeting September 13. 3. Harbor Commission – It was reported the Commission met on August 6 and heard about property on the river that was for sale; recommended the manager look into the property and provide a report whether it was in the best interest of the City for the City to purchase the property. The Commission also discussed their tour of the dipnet fishery, learned a lot about wakes in the river, and planned to continue discussion on wake signage. It was noted the Rules and Responsibilities Sub-committee met on August 7 but were unsure of the quorum requirements. 4. Parks and Recreation Commission – It was reported that on August 2 the Commission met and heard plans about bike repair stations being installed which were designed by a Kenai Central High School student; next meeting September 6. 5. Planning and Zoning Commission – It was reported that on August 8 the Commission reviewed potential surface extraction code changes and also some permit application requirement changes; also discussed sign code changes and were looking to permit signs in the right-of-way; next meeting August 22. 6. Beautification Committee – No report; next meeting September 10. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attending Alaska Municipal League Summer Mayor’s Conference in Denali. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Administration met with individuals who were selling property on the river and discussed their vision of how the City could create economic development with it; noted a memo about its potential would be provided to Council and the Harbor Commission; • At the September 5 meeting, the Kenai Watershed Forum would be presenting on a number issues with regard to the Kenai River, including turbidity, zinc and copper, and bacteria levels; • Spent the night with the Kenai Fire Department on August 7 which was a great opportunity to get perspective on what they do; 42 City of Kenai Council Meeting Page 9 of 10 August 15, 2018 • An internal group was working with the Chamber of Commerce to revamp the Kenai visitor’s guide; • The Terminal Rehabilitation Project was out to bid and was on a compressed timeline due to the grant funds; staff did an incredible job keeping up with the changing requirements; • Bluff Erosion Project is still on same projected schedule, expecting a signed Director’s Report by December. 2. City Attorney – No report. 3. City Clerk – J. Heinz reported the names of the candidates who would be on the ballot for City Council and noted absentee voting for the Primary Election was ongoing with the Election being held on August 21. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2. Council Comments Council Member Glendening noted he had been on vacation; thanked staff for its attention to the park at Fourth and Birch; noted the Alaska LNG project was asking for communities to advise them what impacts they would see from the project. Council Member Knackstedt thanked Council on Aging member Hollier for her service to the City and briefly discussed her history in Kenai. Council Member Molloy thanked resigning members Osborn and Hollier for their work on Council on Aging; thanked the voters that signed his nominating petition; noted he was looking forward to campaigning. Vice Mayor Navarre noted he had been attending the dog park committee meetings pointing out that the committee was looking at Daubenspeck Park and were ready to schedule work days to clear trees and grub the property; noted he was attending the Alaska Municipal League Board Meeting by telephone; provided a reminder that Industry Appreciation Day was being held on August 25. Mayor Gabriel thanked Council Member Boyle for his service to the City of Kenai. L. EXECUTIVE SESSION – None. M. PENDING ITEMS 1. Action/Approval – Field of Flowers Signage (Council Member Knackstedt) [Clerk’s Note: This item was referred to the Beautification Committee and then the Airport Commission.] N. ADJOURNMENT 43 City of Kenai Council Meeting Page 10 of 10 August 15, 2018 There being no further business before the Council, the meeting was adjourned at 8:11 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 15, 2018. _____________________________ Jamie Heinz, CMC City Clerk 44 PAYMENTS OVER ~15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: SEPTEMBER 5, 2018 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS PERS VARIOUS LIABILITY 78,924.30 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 121,403.35 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. 45 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 5, 2018 VENDOR GMW FIRE PROTECTION DESCRIPTION FY19 FIRE SYSTEMS TESTING , INSPECTION & MONITORING INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION DEPT. VARIOUS P.O. # -DEPT. ACCOUNT AMOUNT REPAIR & MAINTENANCE 17,892.00 REASON AMOUNT TOTAL PO AMT 46 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin – Public Works Director DATE: August 30, 2018 SUBJECT: PO over $15,000-GMW Fire Protection ____________________________________________________________________________ The purpose of this memo is to authorize this year’s annual Purchase Order to GMW Fire Protection for Fire Systems Testing, Inspection, and Monitoring of City facilities. These services, in the amount of $17,892.00, are for year four of a five year contract. Additionally, Council’s approval is requested to execute a change order increasing the PO amount by $3,700.00 to cover the costs associated with a Fire System service call at Vintage Point on July 11, 2018. Total Purchase Order not to exceed $21,592.00. Additional background information as follows: on December 30, 2014, we received bids for the Fire Systems Testing Inspection and Monitoring and GMW Fire Protection was the lowest responsive bidder. The recommendation from administration was to award contract to GMW for the base bid and additive alternates one, two, and three. The base bid included fire alarm panel monitoring, and testing and inspection of the fire alarms, sprinkler systems, kitchen hoods, and fire extinguishers. It also includes an allowance for miscellaneous items to be furnished and installed if found defective or out of date during the annual inspections, e.g. fire alarm panel batteries. This allowance enables us to efficiently remediate common and inexpensive issues discovered during the inspection at a competitively bid price. The additive alternates added three facilities to this procurement that historically had been sole sourced to different contractors. This award consolidated all of the City’s fire alarm panel monitoring into one contract. 47 PO over $15,000-GMW Fire Protection Another change from previous agreements for these services, proposed by Dan Castimore, was the transfer of responsibility for providing communication equipment and telephone lines from the City to the Contractor. As a result of offering a five year contract the low bidder was able to spread out the cost of providing new equipment over the term of the contract, resulting in significant savings to the City. Council’s approval is respectfully requested. 48 MEMORANDUM TO: Mayor and City Council Members FROM: Jamie Heinz, City Clerk DATE: August 21, 2018 RE: Standard Marijuana Cultivation Facility License Renewal The Alcoholic & Marijuana Control Office has sent notification that the following applicant has requested to renew their Standard Marijuana Cultivation Facility License: Applicant: Red Run Cannabis Cultivators, LLC Owners: Marc Theiler, Roger Boyd D/B/A: Red Run Cannabis Cultivators, LLC Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. 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 request for the renewal of the Standard Marijuana Cultivation Facility License will be forwarded to the Alcoholic & Marijuana Control Office and the applicant. Your consideration is appreciated. Attachments 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 49 50 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 August 7, 2018 City of Kenai Attn: Jamie Heinz VIA Email: jheinz@kenai.city jblankenship@kpb.us micheleturner@kpb.us License Number: 10052 License Type: Standard Marijuana Cultivation Facility Licensee: Red Run Cannabis Cultivators, LLC Doing Business As: RED RUN CANNABIS CULTIVATORS, LLC Physical Address: 5455 Kenai Spur Highway Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany.com AMCO has received a complete renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under 3 AAC 306.035(c)(2). To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license may be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Erika McConnell Director 51 Department of Commerce, Community, & Economic Development Alcohol & Marijuana Control Office License #10052 Initiating License Application 7/2/2018 11:56:32 AM Licensee #1 Type: Entity Alaska Entity Number: 10035361 Alaska Entity Name: Red Run Cannabis Cultivators, L LC Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany. com Mailing Address: 5455 Kenai Spur Hwy Kenai, AK 99611 UNITED STATES Entity Official #1 Type: Individual Name: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany. com Mailing Address: 5455 Kenai Spur Hwy Kenai, AK 99611 UNITED STATES Entity Official #2 Type: Individual Name: Roger Boyd Phone Number: 907-953-9453 Email Address: redrunak@gmail.com Mailing Address: 37095 K-Beach Road Kenai, AK 99611 UNITED STATES License Number: 10052 License Status: Active-Operating License Type: Standard Marijuana Cultivation Facility Doing Business As: RED RUN CANNABIS CULTIVATORS, LLC Business License Number: 1032376 Designated Licensee: Marc Theiler Email Address: marc@kenaiattorney.com Local Government: Kenai (City of) Community Council: Latitude, Longitude: 60.332000, -151.063600 Physical Address: 5455 Kenai Spur Highway Kenai, AK 99611 UNITED STATES Note: No affiliates entered for this license. 52 AMCO Received 8/7/201853 AMCO Received 8/7/201854 AMCO Received 8/7/201855 AMCO Received 8/7/201856 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 August 15, 2018 Sent via email: amco.localgovernmentonly@alaska.gov Records & Licensing Supervisor Alcohol & Marijuana Control Office RE: Renewal Application for Standard Marijuana Cultivation Facility Business Name : Red Run Cannabis Cultivators, LLC License Location : Kenai/5455 Kenai Spur Highway, Kenai, AK License No. : 10052 Dear AMCO Staff, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk cc: redrunak@gmail.com; jheinz@kenai.city 57 MEMORANDUM TO: Mayor and City Council Members FROM: Jamie Heinz, City Clerk DATE: August 21, 2018 RE: Retail Marijuana Store License Renewal The Alcoholic & Marijuana Control Office has sent notification that the following applicant has requested to renew their Retail Marijuana Store License: Applicant: Red Run Cannabis Company, LLC Owners: Marc Theiler, Roger Boyd D/B/A: Red Run Cannabis Company, LLC Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. 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 request for the renewal of the Retail Marijuana Store License will be forwarded to the Alcoholic & Marijuana Control Office and the applicant. Your consideration is appreciated. Attachments 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 58 59 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 August 7, 2018 City of Kenai Attn: Jamie Heinz VIA Email: jheinz@kenai.city jblankenship@kpb.us micheleturner@kpb.us License Number: 10056 License Type: Retail Marijuana Store Licensee: Red Run Cannabis Company, LLC Doing Business As: RED RUN CANNABIS COMPANY, LLC Physical Address: 5455 Kenai Spur Highway Suite B Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@kenaiattorney.com AMCO has received a complete renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under 3 AAC 306.035(c)(2). To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license may be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Erika McConnell Director 60 Department of Commerce, Community, & Economic Development Alcohol & Marijuana Control Office License #10056 Initiating License Application 7/2/2018 11:24:48 AM Licensee #1 Type: Entity Alaska Entity Number: 10035362 Alaska Entity Name: Red Run Cannabis Company, LL C Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany. com Mailing Address: 5455 Kenai Spur Hwy Kenai, AK 99669 UNITED STATES Entity Official #1 Type: Individual Name: Roger Boyd Phone Number: 907-953-9453 Email Address: redrunak@gmail.com Mailing Address: 37095 K-Beach Road Kenai, AK 99611 UNITED STATES Entity Official #2 Type: Individual Name: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@kenaiattorney.com Mailing Address: 105 Trading Bay Road, Ste 103 Kenai, AK 99611 UNITED STATES License Number: 10056 License Status: Active-Operating License Type: Retail Marijuana Store Doing Business As: RED RUN CANNABIS COMPANY, LLC Business License Number: 1032472 Designated Licensee: Marc Theiler Email Address: marc@kenaiattorney.com Local Government: Kenai (City of) Community Council: Latitude, Longitude: 60.332000, -151.063600 Physical Address: 5455 Kenai Spur Highway Suite B Kenai, AK 99611 UNITED STATES Note: No affiliates entered for this license. 61 AMCO Received 8/7/201862 AMCO Received 8/7/201863 AMCO Received 8/7/201864 AMCO Received 8/7/201865 AMCO Received 8/7/201866 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 August 15, 2018 Sent via email: amco.localgovernmentonly@alaska.gov Records & Licensing Supervisor Alcohol & Marijuana Control Office RE: Renewal Application for Retail Marijuana Store Business Name : Red Run Cannabis Company LLC License Location : Kenai/5455 Kenai Spur Highway, Kenai, AK License No. : 10056 Dear AMCO Staff, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk cc: eric@trialguy.com; jheinz@kenai.city 67 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3039-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.151-APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES, AND 14.20.154-ISSUANCE OF PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES, TO PROHIBIT SURFACE EXTRACTION OF NATURAL RESOURCES WITHIN THE 100 YEAR AND 500 YEAR FLOODPLAINS AND REQUIRE APPROPRIATE PROFESSIONAL ASSISTANCE WITH SITE PLAN SUBMITTALS. WHEREAS, the Planning and Zoning Commission recommends increasing standards for surface extraction permits to ensure quality applications in desirable locations; and, WHEREAS, quality site plans are necessary to evaluate an application for surface extraction of natural resources; and, WHEREAS, appropriate professional assistance with site plan submittal is intended to ensure the City receives sufficient information to review the conditional use permit; and, WHEREAS, the 2016 City of Kenai Comprehensive Plan states objectives to protect the Kenai River and dunes; and, WHEREAS, all currently permitted gravel pits are outside of the current effective 100 and 500 floodplain for the City of Kenai, and the Planning and Zoning Commission recommends new applications for surface extraction of natural resources continue to be located outside of the floodplain; and, WHEREAS, prohibiting surface extraction of natural resources within the 100 and 500 year floodplain provides adequate protection of the river; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 14.20.151 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural Resources, are hereby amended as follows: A. 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources. An application for a Conditional Use Permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the City Planner, along with the appropriate fee as set forth in the City’s schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: 68 Ordinance No. 3039-2018 Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (a) A site plan, drawn to scale and prepared by the appropriate professional discipline registered or licensed as such by the State of Alaska under Alaska Statute Title 8, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten-foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten-foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; (7) Verification that the proposed surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated by the most current locally- approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels. ([7]8) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year-round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; 69 Ordinance No. 3039-2018 Page 3 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regrading and shaping the land for future use; (10) Method of backfilling and/or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 2. Amendment of Section 14.20.154 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.154-Issuance of Permit for Surface Extraction of Natural Resources, are hereby amended as follows: (a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met: (1) The application is in substantial compliance with the requirements of this chapter; (2) The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least two hundred feet (200') from any road or public right-of-way and at least one hundred fifty feet (150') from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet (150') excavation between sites; (3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening; (4) The surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated by the most current locally-approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels. ([4]5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; ([5]6) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; 70 Ordinance No. 3039-2018 Page 4 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ([6]7) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; ([7]8) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; ([8]9) The extraction does not destroy the land for the purposes for which it is zoned; ([9]10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; ([10]11) The applicant is the owner of the subject property; ([11]12) Clearing limits shall be delineated on the site plan as well as clearly visible onsite and shall be inspected by the City Planner or designee prior to the application being deemed complete. (b) If the Commission determines that all requirements have been met, the Commission shall direct the City Planner to issue a Conditional Use Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state. (c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening. If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood. No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission. (d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2018. BRIAN GABRIEL SR., MAYOR 71 Ordinance No. 3039-2018 Page 5 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: September 5, 2018 Enacted: September 19, 2018 Effective: October 19, 2018 72 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: August 30, 2018 SUBJECT: Ordinance No. 3039-2018 ____________________________________________________________________________ Ordinance 3039-2018 recommends two changes to City Code for surface extraction of natural resource permits: • Requirement for the site plan to be certified or prepared by an appropriate professional discipline; • Requirement for the proposed surface extraction to be located outside of the currently designated 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas. These changes reflect Resolution No. PZ2018-19 passed by the Planning and Zoning Commission at their August 22, 2018 meeting, attached to this memorandum. The added requirement for a site plan ensures developers carefully map and measure the location of their extraction and related activities. The requirement states the site plan must be certified or prepared by an appropriate professional, which leaves flexibility for developers. No currently permitted gravel pits are located within the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as defined by the most current floodplain maps developed by the locally-approved (by the Kenai Peninsula Borough) Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panels. These panels are currently from 1981 and 2016 elevation data. Updated FIRM panels could reflect improved elevation evaluation technology, but the definition of a floodplain should not change. Updated federal maps have to be locally approved to be accepted. Currently, the Kenai Peninsula Borough approves floodplain maps because the City of Kenai does not have a separate floodplain ordinance or participate in the National Flood Insurance Program (NFIP). Attached are the most currently available floodplain maps and maps showing locations of 73 Page 2 of 2 Ordinance No. 3039-2018 all currently permitted gravel pits within the City of Kenai to this memorandum. Developers would check with the City of Kenai to make sure they are outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas, and the maps would be made available on the City website to the public. The City made it a priority to protect the Kenai River and dunes in the 2016 Comprehensive Plan. This Code change will streamline the evaluation process for the City and encourage any new gravel pits to be developed in desirable locations outside of the floodplain. Your consideration is appreciated. 74 BEAVER LOOP RDBRIDGE ACCESS RDM ST AMES RDANGLER DRHOLLIER STCONE AVE BARABARA DRMap 1: Permitted Gravel Pits in the City of Kenai 1,300 '.Generated:7/30/2018 Big Mike'sConstruction Peninsula Commercial Ventures Twin RiverResources M. P. Properties A A Dan'sConstruction D. Yragui Angler EnterprisesEstate ofMavis Cone;leased to Meek'sin the past 75 Map 2: The Floodplain in the City of Kenai 3,900 ' Generated:7/30/2018 Legend 500 Year Flood Boundary Undertermined Flood Risk 100 Year Flood Boundary Coastal High Hazard Areas;Waves over 3 feet in 100 Year Flood . 76 BEAVER LOOP RDBRIDGE ACCESS RDM ST AMES RDANGLER DRHOLLIER STCONE AVE BARABARA DRMap 3: Permitted Gravel Pits and the Floodplain 1,300 ' Generated:7/30/2018 Big Mike'sConstruction Peninsula Commercial Ventures Twin RiverResources M. P. Properties A A Dan'sConstruction D. Yragui Angler EnterprisesEstate ofMavis Cone;leased to Meek'sin the past Legend 500 Year Flood Boundary Area not officially mapped by FEMA 100 Year Flood Boundary Permitted Gravel Pits Coastal High Hazard Areas;Waves over 3 feet in 100 Year Flood . 77 CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION PZ2018-19 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO AMEND KENAI MUNICIPAL CODE SECTIONS 14.2 0 .151-APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES AND 14.20 .154-ISSUANCE OF PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES . WHEREAS , the Planning and Zoning Commission recommends increasing standards for surface extraction permits to ensure quality applications in desirable locations ; WHEREAS, quality site plans are necessary to evaluate an application for surface extraction of natural resources ; WHEREAS, the 2016 City of Kenai Comprehensive Plan states objectives to protect the Kenai River and dunes; WHEREAS , a ll permitted gravel pits are outside of th e current effective Flood In su rance Rate Map panels for the City of Kenai , and th e Planning and Zoning Commission recommends new app li cat ion s for gravel pits continue to be located outside of the floodplain ; NOW, THEREFORE , BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT Section 1. That a n Ordinance be enacted to amend Kenai Municipal Code sections 14.20 .151 as follows : A . 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources. An application for a Co nditional Use Permit to engage in the surface extraction of natural resources s hall be in writing on a form supplied by the City of Kenai and shall be filed with the City Planner, along with the appropriate fee as set forth in the City 's schedule of fees adopted by the City Council. All applications sha ll be accompan ied by the following docu ments and information : (a) A site plan , drawn to scale and certified by the appropriate profes s ional di sc ipline, such as a professional engineer. hydrologist. or registered land surveyor, containing the following : (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than te n-foot ( 1 O') contour intervals ; 78 Resolution No . 2018-19 Page 2 of 5 (3) Proposed finished topographical contours (when extraction is completed) with not less than ten-foot ( 1 O') contour intervals ; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation , especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas , wooded areas, streams, lakes, marsh areas, and so forth; (7) Verification that the proposed surface extraction is outside of the 1 % Annual Chance Flood Zone (100-yearfloodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated Append ix 1; (8) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information : (1) Soil surveys with reference to the average year-round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; ( 4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to pre vent casual access ; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans , if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regrading and shaping the land for future use ; (10) Method of backfilling and/or replacing topsoil ; (11) Proposed future use of the land after resources are extracted , including a proposed development plan showing location of houses, parks , lakes, etc.; (12) Other information which may pertain to the particular site. 79 Resolution No. 2018-19 Page 3 of 5 (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies . (d) Proof that the applicant is the owner of the subject property. B . 14.20.154 Issuance of Permit for Surface Extraction of Natural Resources. (a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met: (1) The application is in substantial compliance with the requirements of this chapter; (2) The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least two hundred feet (200') from any road or public right-of-way and at least one hundred fifty feet (150') from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet (150') excavation between sites; (3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening ; ( 4) The surface extraction is outside of the 1 % Annual Chance Flood Zone ( 100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), or high-hazard coastal areas as indicated Appendix 1. ([4]§) The site plan provides that back slopes be a minimum of a 2:1 slope , except for the contiguous working face; ([5]§.) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; ([6]1) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; ([7].§) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; ([8m) The extraction does not destroy the land for the purposes for which it is zoned; ([9]10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; ([10]11) The applicant is the owner of the subject property; 80 Resolution No . 2018-19 Page 4 of 5 ([11).12.) Clearing limits shall be delineated on the site plan as well as clea rly visible onsite and shall be inspected by the City Planner or designee prior to the application being deemed complete. (b) If the Commission determines that all requirements have bee n met, the Commiss ion shall direct the City Planner to issue a Conditional Use Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state. (c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening . If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood . No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission. ( d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter. C. Appendix 1 D 1% Annual Chance Flood Zone (100 Year Floodplain) 0.2% Annual Chance Flood Zone (500 Year Flood plain) 81 Resolution No. 2018-19 Page 5 of 5 Section 2. That a copy of this Resolution be forwarded to the City Council of Kenai upon passage. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 22"' day of August, 2018. ~ IT , CHAIRPERSON ATTEST: 82 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Mayor Brian Gabriel CITY OF KENAI ORDINANCE NO. 3040-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 3.10.060 - CRUELTY TO ANIMALS, TO REQUIRE OWNERS PROVIDE ADEQUATE CARE TO THEIR PETS AND PROVIDE CLEAR EXCEPTIONS FOR GOVERNMENT AGENCIES AND OTHERS TO EUTHANIZE ANIMALS AND REMOVE PROBLEM ANIMALS WHEN NECESSARY TO PRESERVE PUBLIC HEALTH SAFETY AND INFRASTRUCTURE. WHEREAS, Kenai Municipal Code Section 3.10.060-Cruelty to Animals, generally prohibits cruelty to animals and requires certain standards of care for animals; and, WHEREAS, Kenai Municipal Code 3.05.010- Definitions, defines “animal” as all domestic or domesticated members of the Kingdom Animalia; and WHEREAS, in addition to the existing standards of care, the Kenai Animal Shelter recommends those responsible for animals be required to provide clean water, protection from weather and adequate veterinary care to prevent physical suffering; and, WHEREAS, while killing and trapping animals is generally prohibited in the City, it is important to clarify that humanely killing or euthanizing sick or wounded animals is necessary and allowable as well as trapping or otherwise removing certain animals, domestic or wild, that present a threat to human safety or physical infrastructure; and, WHEREAS, it is also in the best interest of the City to recognize exceptions for the harvest of livestock and the defense of life and property as exceptions to the general prohibition of killing animals in the City; and, WHEREAS, other minor housekeeping amendments are needed to improve the readability and clarity of this code section. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 3.10.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.10.060 - Cruelty to animals, is hereby amended as follows: 3.10.060 - Cruelty to [A] Animals Except as provided below: (a) No person may: (1) Intentionally kill an animal; (2) Intentionally injure, torment, poison, provoke, or otherwise abuse an animal; 83 Ordinance No. 3040-2018 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (3) Maintain an animal without providing food, clean water, and shelter adequate to provide protection from the weather and preserve the animal’s health, and care; (4) [OR] Abandon an animal where it will not be provided proper food, water, shelter, and care; (5) Fail to provide veterinary care, to prevent physical suffering. (6)[(4)] Maintain an animal showing symptoms of infectious or contagious disease without keeping the animal confined in a building or secure enclosure and under proper care. (B) [ SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO: (1) IMPOUNDING, DESTRUCTION, OR OTHER DISPOSITION OF AN ANIMAL IN A HUMANE MANNER AS AUTHORIZED BY LAW; (2) KILLING OR INJURING AN ANIMAL WHERE NECESSARY TO PROTECT A HUMAN BEING OR DOMESTICATED ANIMAL FROM DEATH OR BODILY INJURY; (3) THE HUMANE DESTRUCTION OF AN ANIMAL BY ITS OWNER OR THE OWNER’S AUTHORIZED AGENT.] ([C]b) Animal fighting: (1) No person may cause an animal to fight another animal or human being, whether for amusement [OF HIMSELF OR OTHERS], sport or for financial gain; or (2) Train, or keep for the purpose of training, an animal for exhibition in combat with an animal or human being, (3) No person may permit his premises to be used for the purposes described in paragraph ([C]b)(1) of this subsection, or be present as a spectator at an exhibition described in paragraph ([C]b)(1) of this subsection. ([D]c) Accident involving injury to animal: (1) The driver of a vehicle involved in an accident resulting in injury to an animal shall stop the vehicle as close to the scene of the accident as possible and forthwith inform the owner of the animal of the injury if the animal’s ownership is readily ascertainable, or inform the Animal Control Office of the injury if the animal’s ownership is not readily ascertainable. (2) A driver shall inform the appropriate person under paragraph ([D]c)(1) of this subsection of the time and location of the accident, a description of the injured animal, and the apparent nature of the injury. ([E]d) Animal trapping: (1) No person may use a trap or snare within the City limits that can kill or mangle an animal. ([F]e) Animal harassment: (1) No person may allow any animal which [HE] they own[S] to molest or harass wild or domesticated animals. (f) Exceptions: Notwithstanding any other provision in this section: (1) A government agency, or its agent or contractor, may trap, humanely kill, or otherwise remove any animal, including wild animals, that present a threat to public health, safety or public or private infrastructure. This does not authorize the killing of any animals that may be protected by state or federal law, unless applicable federal, state and local permits are obtained as necessary. 84 Ordinance No. 3040-2018 Page 2 of 3 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (2) An owner of an animal, a veterinary clinic, animal shelter, or government employee may humanely euthanize or otherwise humanely destroy an animal that is suffering and too seriously ill or injured to recover, behaviorally poses a threat to itself or others, requires cost prohibitive treatments, or other circumstances a reasonable person would deem appropriate in the same situation. a. Euthanasia performed by an Animal Control Officer of the Kenai Animal Shelter must be done in compliance with current City of Kenai Animal Control Euthanasia Policy. b. No Animal Control Officer or agent shall be held criminally or civilly liable for any action taken in the enforcement of this Code provided the officer acts lawfully, in good faith and without malice. (3) The owner of livestock may humanely harvest their livestock. (4) A person may kill an animal in defense of life or property. 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 19th day of September, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: September 5, 2018 Enacted: September 19, 2018 Effective: October 19, 2018 85 MEMORANDUM TO: Kenai City Council FROM: Mayor Brian Gabriel DATE: August 22, 2018 SUBJECT: Ordinance No. 3040-2018 ____________________________________________________________________________ My initial interest in this Ordinance was to provide an exception from the general prohibition on trapping animals in the City to allow for trapping or killing problem animals. While KMC 3.05.010 defines “animals” for purposes of Title 3-Animal Control, as domestic animals and my primary concerns is with wild animals, such as beavers, KMC 3.10.060- Cruelty to Animals, currently prohibits all trapping in the City. Occasionally, beaver activity alters the course of waterways jeopardizing roads, culverts, airport property and other infrastructure. Often the only prudent course of action is to remove these animals either by trapping or hunting. The trapping is done by experienced professionals in a manner that reduces reasonable risk to pets with notification and permission from the Department of Fish and Game. Review of my proposed changes by the Legal Department and Animal Control, resulted in further recommended amendments regarding animal care and euthanasia. These changes include an exception from the prohibition on killing animals for the harvest of livestock and protecting oneself and their property from animals. Further, the proposed amendments detail when it is appropriate to humanely end the life of an animal that is injured, ill or otherwise suffering and the process for City employees to do so. Finally there are recommended changes adding to the existing care requirements for animal owners requiring clean water, protection from weather, and appropriate veterinary care be provided to animals. Your consideration is appreciated. 86 KENAI COUNCIL ON AGING REGULAR MEETING AUGUST 9 , 2018 – 4:30 P.M. KENAI SENIOR CENTER CHAIR ROY WILLIAMS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Williams called the meeting to order at 4:30 p.m. a. Pledge of Allegiance Chair Williams led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: Chair R. Williams, Vice Chair D. Erwin, J. Hollier, V. Geller, B. Modigh, L. Nelson, A. Weeks Members Absent: M. Milewski, B. Osborn Staff/Council Liaison Present: Senior Center Director K. Romain, Council Member G. Pettey A quorum was present. c. Agenda Approval MOTION: Council Member Gellar MOVED to approve the agenda and Council Member Modigh SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. May 10, 2018 MOTION: Council Member Geller MOVED to approve the meeting summary of May 10, 2018 as submitted and Council Member Weeks SECONDED the motion. There were no objections; SO ORDERED. 87 Council on Aging Meeting Page 2 of 3 August 9, 2018 5. UNFINISHED BUSINESS The rules were suspended to discuss a previous business item regarding security cameras. The Councilors discussed the suggested security camera purchase and it was noted the cost was approximately $600.00. 6. NEW BUSINESS a. Discussion – Water Fountain Grant Possible grant funding availability was being explored for the purchase of a new water fountain, which would offer the ability to fill bottles. b. Discussion – Memorial Garden Council members discussed the development of a memorial garden at the Senior Center. Comments included the costs involved, space/location for the garden, protection from vandalism, ideas in how the garden could represent patriotic families, recognition for veterans, seniors serving on Council on Aging, and placement of a sculpture or memorial stone identifying the reason for the garden. c. Discussion – Council on Aging Schedule COUNCIL MEMBER HOLLIER LEFT THE MEETING AT 5:00 PM The possibility of changing the meeting schedule from monthly to bi-monthly was discussed. It was clarified the By-Laws require an annual meeting in January. A brief discussion followed. Consensus of the Council on Aging was to keep the meeting schedule monthly and request cancellation through the City Clerk when there were no items for a meeting agenda. 7. REPORTS a. Senior Center Director – Director Romain noted Tawni Eubank had been hired as the new Activities and Volunteer Coordinator. b. Council on Aging Chair – Williams noted his concern whether the Council on Aging was doing all it could do to assist seniors, including providing a presentation related to hearing loss, balance issues, isolation, etc. He requested the members to prepare a list of issues that affected seniors over a long period and bring it to the next meeting for further discussion. c. City Council Liaison – Pettey reported the following: • Participation in the dip net fishery were down from previous years resulting in reduced funds collected at approximately $175,000 less than from previous years which averaged $500,000. • The bluff erosion project was now being reviewed in Hawaii and would then be sent back to Washington, DC. She hoped she would have more news by the September meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 13, 2018 88 Council on Aging Meeting Page 3 of 3 August 9, 2018 It was noted, unless new members are appointed by Kenai City Council before the September meeting, there would be two seats open. No other members noted they would be absent for the September meeting. 9. QUESTIONS & COMMENTS Member Hollier stated her resignation from the Council on Aging, of which she had been a member since 1987. Director Romain reported Member Bill Osborn also resigned from the Council on Aging due to his and his wife moving out of state. It was requested to have a dry erase board or flip chart at the next meeting when discussing issues affecting seniors. Comments noted included the suggestion to have Bluegrass end before 9:30 p.m. by having activities that were prior to bluegrass start earlier (i.e. piano lessons, bridge, etc.); begin discussions of future capital projects; provide pictures to be placed in the bathroom to dress it up a bit; and it was suggested to investigate “seniors working with seniors” grant availability. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 5:40 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 89 KENAI PARKS & RECREATION COMMISSION AUGUST 2, 2018 – 7:00 PM KENAI CITY COUNCIL CHAMBERS CHAIR CHARLIE STEPHENS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Stephens called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Chair Stephens led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: C. Stephens, T. Wisniewski, J. Joanis, S. Kisena, J. Halstead, F. Perez Commissioners absent: N. Widmayer Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Member T. Navarre A quorum was present. c. Agenda Approval MOTION: Commissioner Kisena MOVED to approve the agenda as presented; Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT Jodi Stuart spoke in support of a Kenai Dog Park. She reported there was a rekindled interest from a variety of people for a dog park in Kenai. A brief description was given on why dog parks were important and how it could be a volunteer effort provided that the City of Kenai had a suitable location. Stuart noted some volunteers had already expressed interest in the project and she expressed her interest in collaborating with the City of Kenai to make it happen. 4. APPROVAL OF MEETING SUMMARY a. May 3, 2018 MOTION: Commissioner Kisena MOVED to approve the meeting summary of May 3, 2018 and Commissioner Perez SECONDED the motion. There were no objections; SO ORDERED. 90 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 2 of 3 August 2, 2018 b. June 7, 2018 MOTION: Commissioner Kisena MOVED to approve the meeting summary of June 7, 2018 and Commissioner Perez SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – Scheduling of Parks Tour Staff indicated interest in conducting a Parks Tour sometime in September. It was clarified the tour could occur before the regular scheduled meeting or it could be a separate special meeting. Input from the Commission was requested. After a brief discussion, it was agreed that the tour should take place the night of the regularly scheduled meeting, possibly beginning at 6 p.m. b. Discussion – Future Bike Repair Station Locations A map was provided in the packet indicating all of the potential Bike Repair Station locations in the City of Kenai. It was noted that the Bike Repair Station completed this spring was installed at the Beaver Creek Park. Staff would like to pursue working with the Kenai Central High School (KCHS) Vocational program on possibly getting three or four more bike repair stations constructed. The Commission expressed support. 7. REPORTS a. Parks and Recreation Director – Frates reported on the following: • Carol Bannock was hired as the new Department Administrative Assistant and was getting settled in; • Administration was looking at allowing responsible use of four-wheelers along the Lawton Extension (located at the end of Lawton to Beaver Loop); and • The Summer Maintenance positions have ended and staff did a great job this summer. b. Commission Chair – Stephens noted he visited the North Beach after the Personal Use Fishery and was extremely pleased with the cleanliness. He further noted that someone called him and commented that the security gates on the fee shacks should have been operational through July 31. c. City Council Liaison – Navarre reported on the following: • KCHS Student, Riley Graves Caring for the Kenai project of a Magnetic Beach Sweeper was recognized at the recent City Council meeting; • Administration’s Dip Net Report was pending; • Council requested the proposed Field of Flowers sign first go to the Beautification Committee for discussion and recommendation; and • He noted the wildflowers did not appear to be as prolific and maybe a topic for later discussion. 91 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 3 of 3 August 2, 2018 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 6, 2018 Chair Stephens noted he would be absent. 9. COMMISSION QUESTIONS & COMMENTS Favor was expressed in having no meetings in June and July each summer. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:50 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk 92 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 8 , 2018 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Commission Chair Twait called the meeting to order at 7:01 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of the Allegiance. b. Roll Call Commissioners present: Chair J. Twait, Vice-Chair R. Springer, D. Fikes, K. Peterson, J. Halstead, V. Askin Commissioners absent: G. Greenberg Staff/Council Liaison present: City Planner E. Appleby, Deputy City Clerk J. Kennedy, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval Chair Twait noted the laydown PowerPoint presentation provided to include with Item 8(b). MOTION: Commissioner Halstead MOVED to approve the agenda with the addition of the presentation laydown to Item 8(b) and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 93 ____________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 4 August 8, 2018 e. *Excused absences – G. Greenberg. 2. *APPROVAL OF MINUTES: July 25, 2018 The minutes were approved by the Consent Agenda. 3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None. 5. CONSIDERATION OF PLATS – None. 6. PUBLIC HEARINGS – None. 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS a. Surface Extraction Code Discussion - Discuss potential updates to the surface extraction code to obtain a permit Staff reviewed the currently active permits of surface extraction operations, and provided a recap of the annual report. A series of maps were presented showing the current permitted gravel pits, a map to show individuals interested in a gravel pit locations away from the flood plain risk, and a combined map showing the floodplain areas and the current permitted gravel pits. It was clarified that none of the current permitted gravel pits were in the floodplain. The City Planner recommended to the Commission to consider a Code amendment that would not allow surface extraction of natural resource conditional use permit applications within the 100- year floodplain, 500-year floodplain, or high-hazard coastal areas in currently mapped floodplain areas. Amending the site plan submission requirements for a conditional use permit for surface extraction of natural resources to state the site plan must be certified or prepared by the appropriate professional discipline, likely a surveyor or engineer was also recommended. It was noted this would ensure the City receives a site plan that clearly stated the proposed development, and the applicant had a greater understanding of what they were proposing. Staff noted that similar requirements existed under Code for the Kenai Peninsula Borough and the City of Palmer. The National Flood Insurance Program was referenced and suggested the City of Kenai develop one to have more control. Clarification was provided that a resident was unable to get flood insurance so it would be beneficial for the City of Kenai and residents for a future discussion and plan. Possible options for Code amendments, including waiting until the Kenai Peninsula Borough changes were developed early next year, recommending a moratorium on all gravel extractions, requiring a professional site plan with a conditional use permit application, increasing restrictions to require applicants to propose ends dates on gravel pit operations and only allowing specific hours of operations during summer months versus winter months, were topics discussed. MOTION: Commissioner Askin MOVED to amend the Surface Extraction Code as recommended by staff 94 ____________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 4 August 8, 2018 and bring back to the Commission for review and Commissioner Halstead SECONDED. There were no objections; SO ORDERED. b. Sign Code Discussion – Discuss plans to update the sign code Staff reviewed the specific issues with the current Sign Code, the topics to be addressed in the Sign Code update, and the process. Goals for the sign code update were outlined as follows: • Work with the community to obtain appropriate guidance from residents and businesses; • Make the Code easy to interpret; • Make the Code enforceable; • Make the Code legal (no content-based regulation); and • Create appropriate standards for different categories of signs in different areas of the City of Kenai. Examples of varying signs outside of the City of Kenai for consideration in the Sign Code update were provided. It was recommended to start the process from scratch versus revising the existing code. Staff noted that it was a broad end goal to have updates to the Sign Code by summer 2019 and summarized the plans of the next meeting and moving forward. Commissioners expressed support in revamping the Sign Code, suggested following the City of Soldotna as a template and have a joint work session. The City Planner was thanked for the report. Resident, Kristine Schmidt spoke in opposition of reducing the code restrictions and noted the Beautification Committee and community members should be a part of the process. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Knackstedt reviewed the action agenda from the August 1 City Council Meeting. He specifically noted the City of Kenai was presented with a $2,000 grant from Enstar towards the Beach Sweeper project developed by Riley Graves through the Caring for the Kenai program. b. Borough Planning – Commissioner Fikes reported that the next Commission meeting was scheduled for August 13. c. Administration – City Planner Appleby reported on the following: • She met with the Airport Manager to help in some of the environmental clearances for possible future improvements fire training and the float plane area; • The SOAR lease was approved for development on an airport property parcel; • She attended a luncheon for the LNG plant development and noted the Alaska Gasline Development Corporation was continuing to investigate water source options in Kenai and Nikiski; • The local bike advocacy group submitted the application for a bicycle funding designation and waiting for the results; • The City of Kenai was in the process of recruiting a temporary lands person; and • Staff were exploring ways to make the Kenai Guide electronically available and an 95 ____________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 4 August 8, 2018 audio guide; referencing various audio guides on the Alaska.org website. Appleby noted that she was accepting any high quality photos for unique Kenai points of reference to use in the audio Kenai Guide. 11. ADDITIONAL PUBLIC COMMENT – None. 12. INFORMATIONAL ITEMS – None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: August 22, 2018 Commissioner Peterson noted he would be absent and Commissioner Fikes noted she may be absent. 14. COMMISSION COMMENTS & QUESTIONS Commissioners discussed the outcome of the July 31 Kenai Dog Park meeting, initiated by previous Mayor Pat Porter. Commissioner Halstead thanked Kristine Schmidt for her comments and input regarding the Sign Code. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:00 p.m. Minutes prepared and submitted by: ____________________________ Jacquelyn Kennedy Deputy City Clerk 96 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 22, 2018 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Commission Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Chair Twait led those assembled in the Pledge of the Allegiance. b. Roll Call Commissioners present: Chair J. Twait, G. Greenberg, J. Halstead, V. Askin Commissioners absent: Vice-Chair R. Springer, D. Fikes, K. Peterson Staff/Council Liaison present: City Planner E. Appleby, Deputy City Clerk J. Kennedy, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval Chair Twait noted the following addition to the packet: Add: 6(a) E-mail of Support – John Hammelman MOTION: Commissioner Halstead MOVED to approve the agenda with the addition of the laydown item for 6(a) and Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda 97 ____________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 4 August 22, 2018 as part of the General Orders. e. *Excused absences – R. Springer, D. Fikes, K. Peterson 2. *APPROVAL OF MINUTES: August 8, 2018 The minutes were approved by the Consent Agenda. 3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) Ryan Tunseth provided an update on the status of his marijuana retail store in Kenai. It passed the final inspection and scheduled to open on September 1. Mr. Tunseth invited Commission members to tour the store and ensured that it would be following the committed operating plan. He further noted the next scheduled Marijuana Control Board Meeting would be in Kenai on October 16 - 17. 5. CONSIDERATION OF PLATS – None. 6. PUBLIC HEARINGS a. Resolution PZ2018-19 – A Resolution of the Planning and Zoning Commission recommending the Council of the City of Kenai, Alaska amend Kenai Municipal Code Section 14.20.151 – Application for Conditional Use Permit for Surface Extraction of Natural Resources The City Planner reviewed the memo and resolution, summarizing the changes reflected during the discussion at the August 8 Commission meeting. It was clarified that the two changes for surface extraction of natural resource permits included the requirement for the site plan to be certified or prepared by an appropriate professional discipline and the proposed surface extraction to be located outside of the currently designated 1 percent Annual Chance Flood Zone (100-year floodplain), 0.2 percent Annual Chance Flood Zone (500-year floodplain), or high hazard coastal areas. The City Planner clarified interest was noted at the last meeting to put a moratorium on surface extraction permits until the Kenai Peninsula Borough work group completed their recommendations. She noted if it was of interest, she would develop a resolution for review at the next Commission meeting on September 12. MOTION: Commissioner Halstead MOVED to adopt Resolution No. PZ2018-19 and Commissioner Askin SECONDED the motion. Chair Twait opened the floor for public testimony. Resident, Dale Sandahl spoke in support of Resolution PZ2018-19 and the laydown provided. Resident, Kristine Schmidt spoke in support of the change in code but noted it should also have objective and minimal standards in place (i.e. hours of operations, number of trucks per day, road damage remedy, noise levels, lighting, and safety requirements). 98 ____________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 4 August 22, 2018 There being no one else wishing to be heard, Chair Twait closed public comment. Commissioners expressed support and noted more specificity may be of interest in the future. VOTE: YEA: Twait, Halstead, Askin, Greenberg NAY: MOTION PASSED UNANIMOUSLY. MOTION: Commissioner Askin MOVED to add a Public Hearing agenda item to the September 12 Commission meeting to discuss a moratorium on surface extraction permits and Commissioner Greenberg SECONDED the motion. VOTE: YEA: Halstead, Askin, Greenberg, Twait NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS – None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Knackstedt reviewed the action agenda from the August 15 City Council Meeting. He specifically noted an approval of an amendment for a 20-year extension of the lease for the Kenai Golf Course. b. Borough Planning – None. c. Administration – City Planner Appleby clarified her previous Sign Code update noting the request for a Memorandum of Agreement (MOA) with the State of Alaska would actually be a Formal Enforcement Agreement. Appleby also reported the following: • She met with the Public Works Department and received additional input on the Sign Code; • She followed-up in-person regarding residential code enforcement and had immediate success with compliance compared to just sending letters or phone calls; she plans to continue that method; • She discussed with the Police Department about interacting with neighborhood watch groups; • Working with Parks and Recreation Department to develop a lunch-time trash 99 ____________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 4 August 22, 2018 pick-up on the Kenai trails that will offer an opportunity for people to enjoy the trails more and become more familiar with all the trails in Kenai; • She requested to have a drop-off location available in Kenai for Peninsula Electronics Recycling Day in the Spring 2019; • Recently a survey was sent out for assessing bicycle facilities and the experience of bicyclists in the City of Kenai and she encouraged sharing the link and providing individual input; and • The new Kenai Visitors Guide was coming together with collaboration from several individuals and accepting unique photos, offering photo credit to include in it. 11. ADDITIONAL PUBLIC COMMENT Kristine Schmidt noted the State of Alaska sign code enforcement of political signs in the right-of- way was getting stricter. Ms. Schmidt further commented she was hoping that the Kenai Peninsula Borough GIS parcel viewer would be integrated with the City of Kenai interactive zoning map, and be made available to the public. The City Planner offered to look into what was available on the City of Kenai website and email the link(s). 12. INFORMATIONAL ITEMS – None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: September 12, 2018 Commissioner Askin noted she would be absent. 14. COMMISSION COMMENTS & QUESTIONS Commissioners expressed thanks for the information provided. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:46 p.m. Minutes prepared and submitted by: ____________________________ Jacquelyn Kennedy Deputy City Clerk 100 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: SEPTEMBER 5, 2018 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT T HOMSO N WEST GROUP FY19 WESTLAW DATA BASE LEGAL BOOKS 4 ,956 .60 KCHS BEACH CLEANUP PERSONAL USE FISHERY M ISCELLANEOUS 4,0 00.00 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,50 0.00 HP , INC. DESIGNJET PRINTER VARIOUS SMALL TOOLS 4,82 0.40 MOSCA DESIGNS SNOWFLAKE POLE DISPLAYS RECREATION SMALL TOOLS 3 ,896.00 101 102 ACTION AGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 5, 2018-6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI , AK 99611 http://www .kena i.ci ty 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 wh ich case the item w ill be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders . B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Branden Bornemann, Executive Director, Kenai Watershed Forum -Update Regarding Water Quality of the Kenai River. 2. Paul Minelga-Deterioration of Willow Street North of the Airport Terminal Building to the A irport Fire Station . C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3037-2018-Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Terminal Improvements Capital Project Funds , Accepting And Appropriating A Grant From The Federal Aviation Administration , Authorizing A Change Order To The Contract Of Wince Corthell-Bryson For Additional Design And Construction Admin istration Services, And Awarding A Construction Contract For The 2018 Airport Terminal Rehabilitation Project. (Administration) • Substitute Ordinance No. 3037-2018 2. POSTPONED INDEFINITELY. Ordinance No. 3038-2018 -Increasing Estimated Revenues And Appropriations In The A irport Special Revenue And Airport Improvements Capital Project Fund , Accepting And Appropriating A Grant From The Federal Aviation Administra tion, Authoriz ing Execution Of A Change Order To The Design And Engineering Contract Of Wince Corthell-Bryson For Construction Ke nai C ity Co unci l Meeting S eptember 5, 2018 Page 1 of 3 Administration Services , And Awarding A Construction Contract To The 2018 Airport Fencing Rehabilitation With Access Control Project. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2018-48 -Approving the First One Year Extension to the Agreement for Facility Management Services at the City of Kenai Multi-Purpose Facility. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2018-49 -Authorizing the Purchase of a Street Sweeper from Yukon Equipment, Inc., for the Total Amount of $289,571.00. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 1, 2018 2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 15, 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 Over $15 ,000 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Non-Objection to the Renewal of a Standard Marijuana Cultivation Facility License for Red Run Cannabis Cultivators, LLC, License No . 10052. (City Clerk) 4. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Non-Objection to Renewal of a Retail Marijuana Store License for Red Run Cannabis Company, LLC, License No. 10056. (City Clerk) 5 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0911912018. *Ordinance No. 3039-2018 -Amending Kenai Municipal Code Sections 14.20.151- Application for Conditional Use Permit for Surface Extraction of Natural Resources, and 14.20.154-lssuance of Permit for Surface Extraction of Natural Resources, to Prohibit Surface Extraction of Natural Resources within the 100 Year and 500 Year Floodplains and Require Appropriate Professional Assistance with Site Plan Submittals. (Administration) 6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0911912018. *Ordinance No. 3040-2018 -Amending Kenai Municipal Code Section 3.10.060 - Cruelty to Animals , to Require Owners Provide Adequate Care to Their Pets and Provide Clear Exceptions for Government Agencies and Others to Euthanize Animals and Remove Problem Animals When Necessary to Preserve Public Health Safety and Infrastructure. (Mayor Gabriel) H. COMMISSION/COMMITTEE REPORTS Kenai City Counci l Meeting September 5, 2018 Pa ge 2 of 3 1. Council on Aging 2. Airport Commission 3 . Harbor Commission • Sub-Committee Update 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 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 1. Action/Approval -Field of Flowers Signage (Council Member Knackstedt) [Clerk's Note: This item was referred to the Beautification Committee and then the Airport Commission .] N. ADJOURNMENT **************************************************************************************************** I NFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2 . Thank You from Kenai Watershed Forum The agenda and supporting documents are posted on the City's website at www.kenai.citv. Copies of resolutions and ordinances are available at the City Clerk 's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk 's Office at 907-283-8231. Kenai City Council Meeting Septem ber 5, 2018 Page 3 of 3 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE SEPTEMBER 5, 2018 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at the above-referenced meeting. 1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3037-2018 -Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Terminal Improvements Capital Project Funds , Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing A Change Order To The Contract Of Wince Corthell -Bryson For Additional Design And Construction Administration Services, And Awarding A Construction Contract For The 2018 Airport Terminal Rehabilitation Project. (Administration) • Substitute Ordinance No. 3037-2018 2. ADOPTED UNANIMOUSLY. Resolution No. 2018-48 -Approving the First One Year Extension to the Agreement for Facility Management Services at the City of Kenai Multi- Purpose Facility. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2018-49 -Authorizing the Purchase of a Street Sweeper from Yukon Equipment, Inc., for the Total Amount of $289 ,571 .00. (Administration) Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised , subject to legal limitations , ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. NOTICE OF PUBLIC HEARING SEPTEMBER 5, 2018 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date: 1. Ordinance No. 3037-2018 -Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Terminal Improvements Capital Project Funds, Accepting And Appropriating A Grant From The Federal Aviation Administration, Authorizing A Change Order To The Contract Of Wince Corthell-Bryson For Additional Design And Construction Administration Services , And Awarding A Construction Contract For The 2018 Airport Terminal Rehabilitation Project. (Administration) • Substitute Ordinance No. 3037-2018 2 . Ord i nance No. 3038-2018 -Increasing Estimated Revenues And Appropriations In The Airport Special Revenue And Airport Improvements Capital Project Fund , Accepting And Appropriating A Grant From The Federal Aviation Administration , Authorizing Execution Of A Change Order To The Design And Engineering Contract Of Wince Corthell-Bryson For Construction Administration Services , And Awarding A Construction Contract To The 2018 Airport Fencing Rehabilitation With Access Control Project. (Administration) 3. Resolution No. 2018-48 -Approving the First One Year Extension to the Agreement for Facility Management Services at the City of Kenai Multi-Purpose Facility. (Administration) 4. Resolution No. 2018-49 -Authorizing the Purchase of a Street Sweeper from Yukon Equipment, Inc., for the Total Amount of $289 ,571 .00. (Administration) The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits , in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the pub lic discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611 . Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and/or resolutions may be amended by the Council prior to adoption without further public n tice.