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2019-01-16 Council Packet
KENAI CITY COUNCIL - REGULAR MEETING JANUARY 16, 2019 - 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 RECOGNITION OF VOLUNTEER SERVICES FOR JOANNA HOLLIER 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.Scott Curtin, City of Kenai Public Works Director – Wastewater Treatment 101. WasteWater Presentation.pdf B.2.Johna Beech, Kenai Chamber of Commerce and Visitor Center – Third Quarter Report. KVCC 2018 Q3 Reporting.pdf B.3.Maggie Winston and Jodi Stuart – 2019 Project Homeless Connect Update and Coordinated Entry. PHC - 2019.pdf Alaska Coalition on Homelessness Update 2019.pdf B.4.Kenai Senior Connection – FY19 Budget Donation. C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.PUBLIC HEARINGS D.1.Ordinance No. 3047-2018 – Increasing Estimated Revenues and Appropriations in the General Fund, Public Works Administration Department for the Procurement of Engineering Services to Assess Damage Caused by the November 30, 2018 Southcentral Alaska Earthquake. (Administration) • Substitute Ordinance No. 3047-2018 - Increasing Estimated Revenues and Appropriations in the General Fund, Non-Departmental, Department and the Water & Sewer Fund, Water 1 Kenai City Council Meeting Page 2 January 16, 2019 Department for Payment of a Property Insurance Deductible for Damage to City Facilities Caused by the November 30, 2018 Southcentral Alaska Magnitude 7.0 Earthquake. (Administration) Ordinance No. 3047-2018.pdf Ordinance No. 3047-2018 Substitute.pdf D.2.Resolution No. 2019-01 – Supporting the Biking in Kenai and Soldotna Citizen Group Application to the Alaska Department of Transportation and Public Facilities for Use of Transportation Alternatives Program Funds set for a Pedestrian Pathway along Part of Bridge Access Road in the City of Kenai. (Administration) Resolution No. 2019-01.pdf D.3.Resolution No. 2019-02 – Supporting the Alaska Department of Natural Resources Application to the Alaska Department of Transportation and Public Facilities for Use of Transportation Alternatives Program Funds for the Kenai River Flats Facility Improvement Project in the City of Kenai. (Administration) Resolution No. 2019-02.pdf D.4.Resolution No. 2019-03 – Amending Policy No. 2016-01, Procedures for Commissions, Committees and Council on Aging, to Amend the Meeting Schedule for the Harbor Commission. (City Clerk) Resolution No. 2019-03.pdf D.5.Resolution No. 2019-04 – Supporting the Reappointment of Robert Ruffner to the Alaska Board of Fisheries. (Mayor Gabriel) Resolution No. 2019-04.pdf D.6.Resolution No. 2019-05 – Adopting the City of Kenai Capital Improvement Plan Priority List for State Funding Requests for the Fiscal Year 2020. (Administration) Resolution No. 2019-05.pdf D.7.Resolution No. 2019-06 – Authorizing the Expenditure of up to $1,000,000 in Support of the Pre-Construction Engineering and Design Phase of the Kenai Bluffs Bank Stabilization Project and Authorizing the City Manager to Enter into a Memorandum of Agreement with the U.S. Army Corps of Engineers for the Acceptance of Contributed Funds. (Administration) Resolution No. 2019-06.pdf E.MINUTES E.1.*Regular Meeting of December 19, 2018 12-19-18 Council Minutes - DRAFT.pdf F.UNFINISHED BUSINESS - None. G.NEW BUSINESS G.1.*Action/Approval – Bills to be Ratified. (Administration) Payments over $15,000.pdf G.2.*Action/Approval – Purchase Orders Exceeding $15,000. (Administration) Purchase Orders over $15,000.pdf 2 Kenai City Council Meeting Page 3 January 16, 2019 G.3.*Action/Approval – Non-Objection to a Liquor License Renewal for The Cannery Lodge, LLC, Don Jose’s LLC, and Three Bears Alaska, Inc. (City Clerk) Liquor License Renewals.pdf G.4.*Action/Approval – Non-Objection to a New Marijuana Retail Store for KRC, LLC. (City Clerk) Kenai River Cannabis.pdf G.5.*Ordinance No. 3048-2019 – Amending Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Make Other Housekeeping Amendments. (City Clerk) Ordinance No. 3048-2019.pdf G.6.*Ordinance No. 3049-2019 – Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund for Tenant Requested Improvements to the Automated Flight Service Station. (Administration) Ordinance No. 3049-2019.pdf G.7.Action/Approval – Special Use Permit to Schillings Alaska, Inc. for Snow Storage. (Administration) SUP - Schilling Snow Storage.pdf G.8.Action/Approval – Consenting to Assignment of Lease to Griffin Golf, LLC. (Administration) Lease Assignment - Griffin Golf Course.pdf G.9.Action/Approval – Special Use Permit to Alaska Challenger Center for Space Technology Inc. (Administration) G.10.Action/Approval – First Amendment to Agreement for Guardian Security Systems, Inc. (Administration) First Amendment Security Guard Services.pdf G.11.Discussion – Possible Surface Extraction on City-owned Land Identified as the Southernmost Portion of a 320-acre Parcel Located off Beaver Loop Road Described as SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4 Section 3, T5N, R11W, Seward Meridian, Kenai. (Administration) Discussion - Surface Extraction.pdf H.COMMISSION/COMMITTEE REPORTS H.1.Council on Aging 12-13-18 COA Meeting Summary - DRAFT.pdf H.2.Airport Commission 12-13-18 Airport Summary - DRAFT.pdf H.3.Harbor Commission 12-10-18 Harbor Summary - DRAFT.pdf H.4.Parks and Recreation Commission 12-06-18 Parks & Rec Summary - DRAFT.pdf H.5.Planning and Zoning Commission 3 Kenai City Council Meeting Page 4 January 16, 2019 01-09-19 P&Z Minutes - DRAFT.pdf H.6.Beautification Committee H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR J.ADMINISTRATION REPORTS J.1.City Manager Mid-Month Reports.pdf 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 L.1.Discuss Terms Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, Also Known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS 44.62.310(c)(1)(3) a Matter of Which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be Confidential. Action/Approval – Provide Direction to City Administration Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity). M.PENDING ITEMS - None. INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 - $15,000.pdf Cook Inlet Regional Citizens’ Advisory Council (CIRCAC) Directors Report CIRCAC Board Report.pdf 4 Kenai City Council Meeting Page 5 January 16, 2019 Kenai Historical Society Newsletter – December 2018 KHS Newsletter 12.2018.pdf N.ADJOURNMENT The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. 5 Waste Water Treatment Facility January 16, 2019 Discussion Items: 1) Facility Overview 2) Rough explanation of process; steps through the plant 3) Current Challenges 4) Pending Projects 5) Future Direction Questions: 6 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter July - September 2018 KVCC Walk in Visitor Count Month 2014 2015 2016 2017 2018 July 8,709 9,662 10,661 8,523 7,377 August 6,341 9,269 6,709 6,235 6,594 September 2,605 3,837 3,639 3,950 2,429 Q3 Total 17,655 22,768 21,009 18,708 16,400 Official Kenai Guide Mailings Month 2014 2015 2016 2017 2018 July 537 250 1,765 576 1,100 August 250 0 1,290 638 667 September 336 250 348 672 - Q3 Total 1,123 500 3,403 1,886 1,767 Official Kenai Guide Display Racks Location 2014 2015 2016 2017 2018 Airport Hotel – Kenai 20 - - Aspen – Kenai 100 - - - 75 Aspen – Soldotna 100 - - - 100 Charlotte’s Restaurant - 165 City Hall 35 40 - 0 Country Foods/IGA 100 160 70 166 185 Diamond M Ranch 100 - 96 - 100 Everything Bagels 192 78 46 Kenai Airport 1,100 710 1,212 479 868 Mad Moose Restaurant - Paradisos Restaurant 200 105 112 98 244 Quality Inn 300 20 223 94 140 Safeway – Kenai 400 300 333 474 85 Safeway – Soldotna 400 - 61 Soldotna Inn 100 - 75 - 100 Sportsmans Warehouse 400 430 548 472 614 The Cannery Lodge 200 Three Bears 200 165 337 214 244 Veronica’s 145 138 334 Other 300 Q3 Total Guide Count 3,800 1,925 3,403 2,309 3,561 7 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter July - September 2018 *Note: In January, we send guides to Anchorage Brochure Distribution to distribute to the following locations throughout the year* 3rd Ave Visitor Center 4th Street Mall ANC Guesthouse Anchorage Grand Anchorage Historic Backpacker – Eagle & 4th Clarion Suites Comfort Inn – Railroad Depot Marriott – Downtown Quality Inn – 8th & C Street Ramada – 3rd Ave The Lofts ABC Motorhome ALEX Inn & Suites Comfort Suites – Airport Courtyard by Marriott Executive Suites Longhouse Inn Midnight Sun Car Rental Puffin Inn Super 8 Travel Lodge – Barratts Lakeshore Tower Build B Best Western Gold Lion AAA Travel – Arctic & 36th Clippership RV Extended Stay – 34th & Old Seward Golden Nugget RV Homewood Suites Marriott – 32nd & Fai RTO Springhill Suites – 36th & A Springhill Suites – Providence # of guides sent to Anchorage Brochure Distribution in January 5yr Comparison Anchorage Brochure Distribution 20,000 20,000 20,000 15,000 15,000 8 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter July - September 2018 Website Traffic for www.visitkenai.com Sessions (total number of sessions to the site) Users (total number of unique users to the site) Pageviews (total number of pages viewed on your site) Average Session Duration (average session length of all users) Bounce Rate (percent of single-page sessions) New Users (percent of total users who came the site for the first time) 9 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter July - September 2018 Facility Rental/Community Usage Alaska State Firefighters Conference Luncheon Alaska Oil & Gas Industry Board Meeting Alaska VA Health Care System Eklutna Hilcorp Contractor Meetings Kenai Chamber Board Meetings Kenai Chamber Luncheons Kenai Historical Society General Membership Meetings Kenai Peninsula Association of Realtors Kenai Peninsula Relay for Life Committee Meetings Kenai River Marathon Kenai River Marathon Spaghetti Feed Kenai Young Professional Summit Marathon Petroleum Corp Private Reception Saturday Market Senator Peter Micciche Town Hall Meeting Sew Delicious Fall Art Show 10 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter July - September 2018 2nd Annual KSSD by the Numbers Friday, September 14 – Sunday, September 16, 2018 Friday, September 21 – Sunday, September 23, 2018 Total Fish Weighed: 111 Total Income: $4,095 Total Ticket Sales: $3,095 Adults: 58 – 14 Full/44 Daily Youth: 14 - 2 Full/12 Daily Total Sponsorships: $1,000 HEA - $100 Arby’s - $250 FNBA - $250 Peak Oilfield - $250 Total Expenses: $3,577.01 Tickets & Ad Cost: $851.65 *Note KSRM ads were from the KCCVC pool of ads.* 2018 Staffing Hours: $302.36 5.25 hrs @ $15.45 = $81.25 10.5hrs @ $22.11 = $221.11 Payouts: $2,423 Prize Category % of Total Prize Payout % of Gross Revenues Check Amt Adult -Day 1 6.25% 3.13% $ 97.00 Adult -Day 2 6.25% 3.13% $ 97.00 Adult -Day 3 6.25% 3.13% $ 97.00 Adult -Day 4 6.25% 3.13% $ 97.00 Adult -Day 5 6.25% 3.13% $ 97.00 Adult -Day 6 6.25% 3.13% $ 97.00 Adult- Overall 20.00% 10.00% $ 1,310.00 $ 1,892.00 *Overall rcvd additional $1k to payout* Prize Category % of Total Prize Payout % of Gross Revenues Check Amt Youth-Day 1 4.166% 2.08% $ 65.00 Youth-Day 2 4.166% 2.08% $ 65.00 Youth-Day 3 4.166% 2.08% $ 65.00 Youth-Day 4 4.166% 2.08% $ 65.00 Youth-Day 5 4.166% 2.08% None Youth-Day 6 4.166% 2.08% None Youth-Overall 17.50% 8.75% $ 271.00 $ 531.00 Net: $519.99 11 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter July - September 2018 11th Annual Kenai River Marathon September 30, 2018 Participants: Full Marathon—62 Half Marathon—118 Relay Team—10 (40 participants) 5K—40 Revenue: Registration—$16,214.79 Sponsorship—$8,050 Total—$24,279.79 Expenses: $15,730.36 Net: $8,549.43 Previous Donation Amounts: 2018 — $4,700 2017— $3,000 2016— $0 2015— $5,000 2014—$3,000 2013— $5,000 2012—$2,000 2011—$2,000 12 Kenai Peninsula Project Homeless Connect Brought to you in partnership with the Kenai Peninsula Continuum of Care and the Kenai Peninsula Project Homeless Connect Sub-committee Speakers: Maggie Winston & Jodi Stuart -PR Chairs 13 What is Project Homeless Connect (PHC)? One-day: a community-wide event One-stop: housing, support, and quality of life resources One-goal: ending homelessness City/county or community-led Consumer-centric Outcome-oriented 14 What are the Key Characteristics of Project Homeless Connect? ✓Hospitality: Consumers as Welcomed Guests ✓Immediacy: Same-Day Results for Consumers ✓Community: Voluntary Civic Participation ✓Partnership: Across Agencies and Sectors ✓Excellence: Rigorous Evaluation and Improvement 15 The Ten Essential Elements of Project Homeless Connect 1.Political / Civic Will 2.Partnership 3.Event Execution 4.Planning Team 5.Site Selection 6.Volunteers 7.Resources 8.Consumer Engagement 9. Media 10. Data and Results 16 Mayor and borough official leadership integrates PHC into jurisdictionally- led, community-based 10-Year Plan activities. Jurisdictional leaders and community stakeholders involved in 10-Year Plans activities are a natural connection and foundation and: ❖Re-prioritize local government resources ❖Hasten creation of community partnerships ❖Catalyze media interest ❖Connect provider agencies operating in silos ❖Mobilize corporate / local business resources Political / Civic Will 17 Political / Civic Will: Best Practices in Leadership ➢San Francisco Mayor created the first PHC by taking city staff and programs from City Hall to where homeless consumers live. ➢Jurisdictions adopted PHC to support 10-Year Plan activities that reduce and end homelessness. ➢Lead PHC sponsors now include universities, businesses, communities, faith groups, and professional sports teams. As is the case in the development of 10-Year Plans, partnership of the public and private sectors is essential. They offer complementary resources and access. Government partners include: 1.City agencies 2.County agencies 3.State agencies 4.Federal agencies 18 Services Provided Massage Therapy Hair Cuts Veterinarian Services Housing Services Medical Services Food/Food Pantry Job Services Eye care Vet Services Substance Use Disorder Services Public Assistance Phone Services Showers/Laundry Services 19 Our goal The goal is to move from simply managing homelessness towards really ending it. Data from Project Homeless Connect is used to inform local, state and federal efforts to support ending homelessness. 20 Kenai Peninsula Project Homeless Connect Data 2015 & 2016 2015 Data 48% increase in participation over 2014 189 individuals impacted by PHC 74% currently were experiencing homelessness 47% experience alcohol abuse, developmental disability, drug use, HIV/AIDS, mental health issues, physical disabilities 30% of participants stated they were homeless due to loss of job 2016 Data 38% increase in participation over 2015 213 individuals impacted by PHC 76% currently were experiencing homelessness 46% experience alcohol abuse, developmental disability, drug use, HIV/AIDS, mental health issues, physical disabilities 22% of participants stated they were homeless due to loss of job 21 2017 Data 7% increase in participation over 2016 203 individuals impacted by PHC 58% currently were experiencing homelessness 48% experience alcohol abuse, developmental disability, drug use, HIV/AIDS, mental health issues, physical disabilities 35% of participants stated they were homeless due to loss of job 1% of participants stated they were homeless due to jail/prison release 12% of participants stated they were homeless due to domestic violence 7% of participants stated they were homeless due to substance use disorders/mental health concerns 14% were US Military Veterans 22 2018 Data 119 individuals impacted by PHC 55% experience alcohol abuse, developmental disability, drug use, HIV/AIDS, mental health issues, physical disabilities 23% of participants stated they were homeless due to loss of job 7% of participants stated they were homeless due to jail/prison release 8% of participants stated they were homeless due to domestic violence 5% of participants stated they were homeless due to substance use disorders 12% were US Military Veterans 23 Thank you for allowing us to speak today. At Project Homeless Connect, we believe that no one deserves to lose hope. Questions? 2019 PHC JANUARY 23, 2019 9-3PM SOLDOTNA SPORTS COMPLEX 24 Alaska Coalition on Homelessness Update 25 What is the purpose of the AK Coalition on Housing & Homelessness? The mission: The Alaska Coalition on Housing and Homelessness (AKCH2) is a statewide organization working to develop strategies to increase the availability of affordable housing and eliminate homelessness in our great state. 26 Balance of State Continuum of Care Funded by a combination of HUD and Emergency Solutions Grants (ESG). promote community-wide commitment to the goal of ending homelessness. provide funding for efforts by nonprofit providers, and State and local governments to quickly rehouse homeless individuals and families while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness. promote access to and effect utilization of mainstream programs by homeless individuals and families. optimize self-sufficiency among individuals and families experiencing homelessness. 27 What does that mean for the Kenai Peninsula? AKCH2 carries out the day to day management of the Balance of State Continuum of Care (CoC) Grant Program (AK -501). The Kenai Peninsula Continuum of Care supports the entire peninsula and all residents homeless/near homeless. Provides resources to collaborate and share data with the rest of the State. 28 Why collaborate? On January 22, 2018, the Alaska Coalition on Housing and Homelessness Board adopted the Alaska Balance of State Coordinated Entry Policies and Procedures. 29 Why is this relevant? (HUD) requires the collection of Point in Time (PIT) Count and Housing Inventory Count (HIC)data for one night each year to assist in measuring the extent of homelessness within Alaska. Coordinated entry is designed to make this data more accurate. This data is also used to advocate for federal and state funding to assist Alaska’s homeless. 30 Where do we want to go? Make available options for rapid rehousing Coordinate efforts for re-housing between all agencies Support landlords/employers Create a stable data collection process between agencies Community awareness beyond the Project Homeless Connect Event 31 32 Sponsored by: Admin istra tion CITY OF KENAI ORDINANCE NO. 3047-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, PUBLIC WORKS ADMINISTRATION DEPARTMENT FOR THE PROCUREMENT OF ENGINEERING SERVICES TO ASSESS DAMAGE CAUSED BY THE NOVEMBER 30, 2018 SOUTHCENTRAL ALASKA EARTHQUAKE. WHEREAS, a magnitude 7.0 earthquake struck Southcentral Alaska, just north of Anchorage on November 30, 2018; and, WHEREAS, to date, City personnel have identified moderate damage at two City faci liti es, the City Dock and Water Production Well House #1, and minor damage at other City facilities; and, WHEREAS, the City did purchase an earthquake rider to its property insurance which will cover the repair cost for most items less the policy's $25,000 deductible; and , WHEREAS, contracting with an engineer to assist in damage assessment and design of repairs will expedite the recovery process and the costs are eligible for reimbursement under the City's insurance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows : Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues - Appropriation of Fund Balance Increase Appropriations - Public Works Administration -Professional Services $ __ _ $ __ 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 immediately upon enactment. 33 Ordinance No. 3047-2018 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 161h day of January, 2019. ATTEST: Jamie Heinz, City Clerk Finance BRIAN GABRIEL SR., MAYOR Introduced: December 19 , 2018 Enacted : January 16 , 2019 Effective : January 16 , 2019 New Text Underlined ; [DELETED TEXT BRACKETED] 34 'Vttl~ «1lth a PaJ'~ Ct'tf «1lth a rata?e " 210 Fidalgo Ave, Kenai , Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www. kenai. c ity MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Scott Curtin , Public Works Director December 13 , 2018 Ordinance No. 3047-2018 Procurement of Engineering Services to assess Earthquake Damages The purpose of this memo is to recommend passage of Ordinance No . 3047-2018 to provide funding to obtain professional engineering services to assist with assessment of damages at City facilities caused by the November 30, 2018 7 .0 magnitude earthquake . Two facilities in particular experienced fairly costly damages. The building structure housing the wellhead at Well House #1 has subsided several inches and at the City Dock, several structural concrete cracks have been identified. The Public Works and Finance Department met with an insurance adjuster on December 10, 2018. An Engineer's assessment of the damages will assist the C ity in filing and obta ining an insurance claim for the damages, as well as provide for a path forward in repairing the facilities . Both facilities are in stable condition and pose no immediate threat to the pub lic. Well House #1 is not the City's primary source of water, and the City Dock remains c losed as it has been throughout much of this year. The Public Works & Finance Departments as well as the Administration are in support of this Ordinance. Council's support for Ordinance No. 3047-2018 is respectfully requested. Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3047-2018 SUBSTITUTE AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, NON- DEPARTMENTAL, DEPARTMENT AND THE WATER & SEWER FUND, WATER DEPARTMENT FOR PAYMENT OF A PROPERTY INSURANCE DEDUCTIBLE FOR DAMAGE TO CITY FACILITIES CAUSED BY THE NOVEMBER 30, 2018 SOUTHCENTRAL ALASKA MAGNITUDE 7.0 EARTHQUAKE. WHEREAS, a magnitude 7.0 earthquake struck Southcentral Alaska, just north of Anchorage on November 30, 2018; and, WHEREAS, to date, City personnel have identified moderate damage at two City facilities, the City Dock and Water Production Well House #1, and minor damage at other City facilities; and, WHEREAS, the City did purchase an earthquake rider to its property insurance which will cover the repair cost for most items less the policy’s $25,000 deductible. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $12,500 Increase Appropriations – Non-Departmental – Insurance $12,500 Section 2. That the estimated revenues and appropriations be increased as follows: Water & Sewer Fund: Increase Estimated Revenues – Appropriation of Fund Balance $12,500 Increase Appropriations – Water – Insurance $12,500 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. 35 Ordinance No. 3047-2018 SUBSTITUTE Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk _______ Finance Introduced: December 19, 2018 Enacted: January 16, 2019 Effective: January 16, 2019 36 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: January 9, 2019 SUBJECT: Substitute Ordinance No. 3047-2018 - Appropriation of Insurance Deductible for Damage Caused by the November 30, 2018, 7.0 Magnitude Earthquake. ____________________________________________________________________________ The purpose of this memo is to recommend passage of Substitute Ordinance No. 3047-2018 to provide funding for payment of the City’s insurance deductible resulting from damage caused by the November 30, 2018 7.0 magnitude earthquake. Two facilities in particular experienced fairly costly damages. The building structure housing the wellhead at Well House #1 has subsided several inches and at the City Dock, several structural concrete cracks have been identified. The Public Works and Finance Department met with an insurance adjuster on December 10, 2018. An Engineer’s assessment of the damages will assist the City in filing and obtaining an insurance claim for the damages, as well as provide for a path forward in repairing the facilities. Both facilities are in stable condition and pose no immediate threat to the public. Well House #1 is not the City’s primary source of water, and the City Dock remains closed as it has been throughout much of this year. As originally introduced, Ordinance 3047-2018 would have required the City to procure and contract for engineering services for the damage assessment and repair design. Substitute Ordinance 3047-2018 will provide funding for payment of the City’s deductible for this claim and our insurer will procure the needed engineering services. The City will be involved with selection of the engineer but cost will be paid directly by our insurer. The Administration is in support of this Substitute Ordinance. Council’s support for Substitute Ordinance No. 3047-2018 is respectfully requested. 37 Substitute Ordinance No. 3047-2018 Well House 1 City Dock 38 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019 - 01 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE BIKING IN KENAI AND SOLDOTNA CITIZEN GROUP APPLICATION TO THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FOR USE OF TRANSPORTATION ALTERNATIVES PROGRAM FUNDS FOR A PEDESTRIAN PATHWAY ALONG PART OF BRIDGE ACCESS ROAD IN THE CITY OF KENAI. WHEREAS, the City of Kenai received a request from Biking in Kenai and Soldotna (BIK&S) to support a grant application to nominate a project for inclusion in the Alaska Transportation Alternatives Program funds as outlined in Alaska Department of Transportation and Public Facilities (ADOT&PF) application packet for 2018-2020; and, WHEREAS, a pedestrian path along Bridge Access Road extending from the intersection of Bridge Access Road with Beaver Loop Road to the intersection of Bridge Access Road with the Kenai Spur Highway combined with the existing path along the Kenai Spur Highway and the planned path addition along Beaver Loop Road would create an important connecting loop along main transportation corridors in the area; and, WHEREAS, a pedestrian pathway along Bridge Access Road meets grant application criteria to improve the health and quality of life, safety, intrinsic qualities related to scenic beauty, removes barriers and gaps in the network, and would be a regional amenity; and, WHEREAS, federal monies are available under a Transportation Alternatives Program, administered by ADOT&PF, for the purpose of creating and promoting the planning and development of active transportation facilities and programs in Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Council of the City of Kenai supports the Biking in Kenai and Soldotna application to the Alaska Department of Transportation and Public Facilities for use of Alaska transportation alternative program funds for a pedestrian pathway along part of bridge access road in the City of Kenai Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________ Jamie Heinz, CMC, City Clerk 39 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: January 8, 2019 SUBJECT: Resolution No. 2019-01 – A Resolution of the Council of the City of Kenai, Alaska, Supporting the Biking in Kenai and Soldotna Citizen Group Application to the Alaska Department of Transportation and Public Facilities ____________________________________________________________________________ Biking in Kenai & Soldotna (BIK&S, AK) is a community-led advocacy group that promotes safe bike travel within and between the cities of Kenai and Soldotna, Alaska. This group envisions bike-friendly communities where bicycling is a convenient, routine, safe, and healthy transportation option that contributes to the high quality of life for Kenai Peninsula residents and visitors. BIK&S identified the Moving Ahead for Progress in the 21st Century Act (MAP-21), which authorized the Transportation Alternatives Program (TAP) to provide funding for programs and projects defined as transportation alternatives as a potential source of funding to construct a pedestrian bike path along Bridge Access Road. The attached Exhibit A shows existing bike paths, proposed bike paths, and the route under consideration in this grant application. Constructing this pathway along Bridge Access Road extending from the intersection of Bridge Access Road with Beaver Loop Road to the intersection of Bridge Access Road with the Kenai Spur Highway combined with the existing Unity Trail along the Kenai Spur Highway and the planned pedestrian path with the forthcoming Beaver Loop Road Project construction would create an important connecting loop along main transportation corridors in the area. It would improve safety, health, and quality of life, and would become a regional amenity. If approved by the Kenai City Council, the resolution would state the City of Kenai’s support of BIK&S application for MAP-21 funds to construct a path along Bridge Access Road. 40 OUTSIDE WAYRIVERVIEW DR COHOE AVE SALMON CTMAIN STMAIN STCORAL STCOLUMBIA STCANDLELIGHT DRCANDLELIGHT DRC UN NINGHAM CTERVIN STSAND DOLLAR DR AMES RDANGLER DRBEAVER LOOP RDMINCHUMINA AVE EAGLE STPTARMIGAN STALEENE WAYTIDAL STJULIUSSEN ST DOLCHOK LNCUB CT KIM-N-ANG CTCREEK AVE TOGIAK STRAVEN STH IGH LAND AV EOVER LAND AVE SUSIEANA LN40-FOOT ROWCHILDS AVEBOAT LAUNCH RDBOAT LAUNCH RDCHILDS AVEMUIR AVE LO RA DR VIP DRTRADING BAY RDSENIOR CT GRANITE POINT ST PENINSULA AVE MARINE AVE KENAI SPUR HWY VIP DR RIVERVIEW DRATTLA WAY BARNACLE WAY BLUFF STBROAD STBROAD WAYBROADWAY CTPENINSULA AVE COOK AVE MAIN SREET LOOP RDFRONTAGE RDCAVIAR STSOUTH WILLOW STLAKE STFILDAGO AVE BIDARKA STMAIN STREET LOOP RD BIDARKA STFBO RDNORTH WILLOW STGRANITE POINT CTMAIN STREET LOOP RDSPUR VIEW DR MAGIC CT.WEST TERN AVESPRUCEWOOD RD STP OLO KTSTERLING CTSTERLING CTR CFRONTAGE RDBRID G E AC CESS RD SPUR VIE W DR TERN AVE HARBOR AVEKENAI SPUR HWYWALKER LNAIRPORT WAYNORTH WILLOW STBARON PARK LNHEA ACCESS RD MARATHON RDGEEBEE AVE N BRI DGE ACCESS RDRO G ERS R DPAULA STLAWTON DR NOR M A N S T PA MEL A C T M St. BRIDGE ACCESS ROAD VAN ANTWERP AVEBELUGA DRPRINCESS STMAGIC AVE CRYSTAL STHUTTO STRO G ERS R DLOEWD GODCINDERELLA STCINDERELLA STE PENNY CI TERESA STSHELIKOFF STSOUTH TINKER LNNORTH TINKER LNCOLONIAL DR ALIAK DR LINWOOD LNLAWTON DR BARABARA DRTC AUK ST DEEPWOOD CTALIAK DRMc COLLUM DRCHINIAK STCOLONIAL DRSILVERSMITH LNPINEWOOD LNLINWOOD LNKIANA LN JAMES STLINWOOD LNFO X AVE DOLLY VARDEN STK U LILA P LK E N A I S P U R H W Y STEELHEAD CT CROW CT KAKNU WAYCHINITNA PLALIAK DR CHINIAK STJAPONSKI DRCOTTAGE CICASTLE STLANTERN CI KAKNU WAY KENAI SPUR HWY TUNDRA ROSE LNCOPPER LNBAKER STCOPPER LNCANDLELIGHT DRKIANA LN HIGHBUSH LNLAWTON DR GLACIER STBAKER STDAVIDSON DRRAINBOW DRHIGHBUSH LNALIAK DR BLARNEYROY WAYSHAMROCKSALMON STALIAK DR CLIFFORD AVE GIBSONWAYBUMBLEBEE AVE CLIFFORD AVE MISTY HAVEN LNHIGHBUSH LNMISTY HAVEN LNRANDEE LN HIGHBUSH LNBAKER STCICIBIGHORN CI PEBBLE BEACH CT INDIANWELLS CT BRANNIGANSHILLELAHCICICONE AVEGRAVEL STDEAN STMARGINAL A CCESS RD CONE CIWYATT WAY SWIRES RDMAPES DRSWIRES RDWYATT WAY HOLLIER STDOLCHOK LNBASIN VIEW WAYAMES RDAMES RDBEAVER LOOP RDANGLER DRMUDHEN DR EAGLE STRAVEN STFR O NTA G E R DNORTH FERN STPARKSIDE DRFORGET-ME PRIMROSE PLPRIMROSE PL LUPINE DR -NOT RDFERN STDOGWOOD RD WILDROSE AVEIOWA STNEVADA STEISENHOWER LNTOGIAK ST K E N A I S P UR H WY FI R E WE E D L NSHOTGUN DRNORTH FERN STN O R T H D O G W O O D R D TERN PLI ST. SEIRNOBDP HIL LI P S DR N O R T H LU P IN E D R S T A N DA R D DR RICHFIELD DREAGLE ROCK DR S A ND PI PE R L NRTHOMPSON PLSHELL DR access/water easem ent2006-011437-066' VACATE ROW2009-006759-02006-011437-0 2009-011422-0 VACATE 50' ROWBEAVER LOOP ROAD COLE DRCANDLELIGHT DRPEARSON AVE.COMMERCIAL LOOPK E E'S T E R N WA Y STANDARD CT Generated: Bridge Access Proposed Path and Connectivity to Other Trails . 3,2 50 ' 1/8/2019 PROPOSED FOR GRANT APPLICATION - Pedestrian Path along Bridge Access Road SET FOR 2019 CONSTRUCTION - Pedestrian Path along Beaver Loop Road EXISTING - Unity Trail along Kenai Spur Highway Kenai River Kenai Airport 41 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019 - 02 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE ALASKA DEPARTMENT OF NATURAL RESOURCES APPLICATION TO THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FOR USE OF TRANSPORTATION ALTERNATIVES PROGRAM FUNDS FOR THE KENAI RIVER FLATS FACILITY IMPROVEMENT PROJECT IN THE CITY OF KENAI. WHEREAS, the City of Kenai received a request from the Alaska Department of Natural Resources to support a grant application to nominate a project for inclusion in the Alaska Transportation Alternatives Program funds as outlined in ADOT&PF’s application packet for 2018- 2020; and, WHEREAS, the project will improve and rehabilitate an existing wayside and scenic overlook at the Kenai River Flats, which is located within the Kenai River Special Management Area and within the City of Kenai; and, WHEREAS, the Kenai River Flats wayside is heavily used in the summer months by residents and visitors; and, WHEREAS, the Department of Natural Resources will continue to manage, operate, and maintain the facility after completion of the Kenai River Flats Facility Improvement Project; and, WHEREAS, Federal monies are available under a Transportation Alternatives Program, administered by Alaska Department of Transportation and Public Facilities, for the purpose of creating and promoting the planning and development of active transportation facilities and programs in Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Council of the City of Kenai supports the Alaska Department of Natural Resources application to the Alaska Department of Transportation and Public Facilities for use of Alaska transportation alternative program funds to improve the existing wayside rest and scenic overlook at the Kenai River Flats. Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 42 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: January 8, 2019 SUBJECT: Resolution No. 2019-02 – Supporting the Alaska Department of Natural Resources application to the Alaska Department of Transportation and Public Facilities ____________________________________________________________________________ On December 21, I met with area Park Superintendent Jack Blackwell and Chief Parks Design and Construction Engineer Rys Miranda to discuss a conceptual site plan for the Kenai River Flats day use area (by the Warren Ames Bridge). At that meeting, we discussed the referenced project to resurface the existing wayside parking and turnaround area, construct approximately 500 feet of elevated, light-penetrating (ELP) walkway with four sets of river access stairs, implement an interpretive program to improve safe access, and enhance recreation and tourism opportunities and quality of life while protecting the sensitive riparian habitat. The Kenai River Flats is part of the Kenai River Special Management Area and is managed, operated, and maintained by the Division of Parks and Outdoor Recreation (DPOR) and DPOR would be responsible for all the maintenance of facilities constructed under the project. The total project cost estimate is $1,436,650 with the Exxon Valdez Oil Spill Trustee Council committing funds to meet the required non-federal match. Resolution 2018-02 expresses the support of the Kenai City Council for the proposed project. Your consideration is appreciated. 43 !.Kenai K E N A I S P U R H IG H W A Y BEAVER LOOP ROADBRI DGE ACCESS ROADKALIFORNS KY BE ACH ROADCANNERY ROADCIECHAN SKI ROADFOREST DRIVEKENAI RIVER SMA Name:ADNR-DPOR DCProject:KRSMA: Kenai River FlatsLocation:Section 16, Township 5N,Range 11W, Seward Meridian; USGSQUAD Kenai C-4Waterbody:Kenai RiverSheet:Date:6/25/2018Locaiton and Vicinity Map !. !. !. !.Homer Kenai Seward Anchorage Project Vicinity Pr oject Location 44 _____________________________________________________________________________________ Sponsored by: City Clerk CITY OF KENAI RESOLUTION NO. 2019 - 03 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, AMENDING POLICY NO. 2016- 01, PROCEDURES FOR COMMISSIONS, COMMITTEES AND COUNCIL ON AGING - TO AMEND THE MEETING SCHEDULE FOR THE HARBOR COMMISSION. WHEREAS, historically, the Harbor Commission has met monthly the first Monday after the first Council meeting of the month; and, WHEREAS, on May 2, 2018, City Council authorized the creation of a sub-committee of the Harbor Commission for the purpose of determining roles and responsibilities of the Commission; and, WHEREAS, during discussions regarding roles and responsibilities for the Harbor Commission, the sub-committee recommended to the Harbor Commission that the number of Commission meetings be reduced to eight (8) meetings annually; and, WHEREAS, the Harbor Commission, at its December 10, 2018 meeting, moved to recommend City Council amend their meeting schedule to eight (8) meetings per year in February, March, April, May, June, August, September, and November; and, WHEREAS, Policy No. 2016-01 – Procedures for Commissions, Committees, and Council on Aging needs to be amended to adopt this schedule change. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Council Policy 2016-01: Procedures for Commissions, Committees, and Council on Aging is amended to change the schedule for Harbor Commission meetings to eight (8) meetings per year in February, March, April, May, June, August, September, and November. Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 45 POLICY NO. 2016-01 (Amended): Procedures for Commissions, Committees and Council on Aging Purpose The purpose of this policy is to establish procedures, other than those provided in KMC 1.90, for Commissions, Committees and Council on Aging. Scope This policy applies to all advisory bodies appointed by the City Council. The Planning and Zoning Commission is also regulated by KMC 14.05. Policy 1. Appointment and Reappointments a. An application for consideration of appointment or reappointment to a Commission, Committee or Council on Aging must be submitted to the City Clerk. b. The Mayor nominates an applicant for appointment or reappointment and by motion, the City Council confirms. 2. Establishing Subcommittees a. A subcommittee of a commission or committee may be established for a specific function upon approval of Council. 3. Meeting Schedules a. Commission, Committee and Council on Aging meeting schedule is as follows: Commission/ Committee/Council on Aging Meeting Schedule Scheduled Meeting Days Airport Commission Monthly Second Thursday of the month Beautification Committee Meetings held January, April, May, September and October Second Tuesday of the month Council on Aging Monthly Second Thursday of the month Harbor Commission Monthly Meetings held February, March, April, May, June, August, September, and November First Monday after first council meeting of the month Library Commission (Suspended as of 2015, Ordinance No. 2815-2015) N/A N/A Parks & Recreation Commission Monthly, except for July First Thursday of the month Planning & Zoning Commission Twice monthly Second & fourth W ednesdays 46 Kenai City Council Policy No. 2016-01 (Amended) Page 2 of 4 b. All regular meetings will be held in the Kenai City Hall Council Chambers with the exception of the Council on Aging who shall meet at the Senior Center, unless offsite arrangements are approved by the Clerk. Exceptions for subcommittee meetings may be made with the advance notice of the City Clerk. c. Regularly scheduled meetings shall begin at 7:00 p.m. unless otherwise approved by Council via motion, with the exception of the Council on Aging, which begins at 4:30 p.m. d. Commissions, Committees and Council on Aging may, with the City Clerk’s approval and notification to Council and the City Manager, hold special meetings (for a specific purpose) on an as-needed basis. e. Commissions, Committees and Council on Aging meetings may be cancelled by the City Clerk, with notification to Council and the City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of a quorum, etc. f. Any additional commissions or committees established will be set and incorporated into the meeting schedule by the City Council. 4. Minutes & Meeting Recordings a. With exception of the Planning & Zoning Commission, taking notes and electronically recording meetings shall be the responsibility of department liaison to the specific meeting body. The Clerk’s Office shall take notes and record the meeting for the Planning and Zoning Commission. b. Summary minutes will be produced by the Clerk’s Office from the department liaisons notes and provided to the City Council as official records of the meetings. c. Regularly scheduled meetings shall be electronically recorded and with the exception of Planning & Zoning Commission, shall be kept for two years. d. Planning & Zoning Commission meeting recordings shall be kept for 6 years. 5. Work Sessions a. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly scheduled advertised meeting. Notification of scheduled work session shall be provided to City Council and the City Manager. Work session may be requested by Council, the liaison or Chair of the body. b. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. c. At a minimum, work sessions shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five days prior to the meeting. 47 Kenai City Council Policy No. 2016-01 (Amended) Page 3 of 4 6. Basic Meeting Information a. All meetings shall be open to the public. b. At a minimum, meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five days prior to the meeting. c. Meeting agenda’s shall be established by the Chair and the department liaison. Items requiring Committee, Commission or Council on Aging action under applicable municipal code prior to final action by the Council, as distinguished from advisory recommendations, will be referred to the respective body prior to any final Council action. The City Council, by motion, may refer any other item to be placed on an agenda seeking a recommendation from the respective Committee, Commission, or Council on Aging. d. The department liaison shall submit items for the agenda and supporting documentation to the Clerk’s Office one week prior to a meeting, no later than 2:00 p.m. The Clerk’s Office will compile meeting material and distribute. The Planning & Zoning Commission is exempt from this requirement as the Planning Department advertises, compiles meeting material and distributes for its commission. e. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, except as specified in KMC 1.15.060 (Motions), KMC 1.15.100 (Speaking), and KMC 1.15.110 (Voting). f. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one-half of the board/commission (quorum of the whole). g. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion. h. Speaking: In a meeting, members should be recognized by the Chair before speaking. i. When is it a Meeting: If any public business is discussed collectively by four or a majority of members of one body. 7. Council Participation a. Any Council Member may attend a meeting or work session of any Commission, Committee or the Council on Aging. Only the Council Liaison to the respective, Commission, Committee or Council on Aging may speak on behalf of the Council. Participation by Council Members at Commission, Committee or Council on Aging meetings should be limited to introduction of legislation by one Council Legislative Sponsor. Participation by any other Council Members, written or oral, is discouraged. b. Exception: Council Members may fully participate in any joint work session or other meeting with a Commission, Committee, or the Council on Aging when it has been noticed that the City Council will be in attendance, or there has been a specific delegation of authority by the Council for a member(s) to represent the Council. 48 Kenai City Council Policy No. 2016-01 (Amended) Page 4 of 4 Effective Date: Approved by Resolution No. 2016-03 Amended by Resolution No. 2017-24 Amended by Resolution No. 2018-21 Amended by Resolution No. 2019-03 BRIAN GABRIEL SR., MAYOR ATTEST: Jamie Heinz, CMC, City Clerk 49 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 4, 2019 SUBJECT: Resolution No. 2019-03 – Amending Policy No. 2016-01. At its December 10, 2018 meeting, the Harbor Commission requested City Council revise its meeting schedule from monthly meetings to meetings in February, March, April, May, June, August, September, and November on the first Monday of the month after the first Council meeting. To make this change, Policy No. 2016-01 (Amended) – Procedures for Commissions, Committees, and Council on Aging needs to be amended. An excerpt of the minutes of the meeting have been attached to this memo. Your consideration is appreciated 50 51 KENAI HARBOR COMMISSION DECEMBER 10, 2018-6:00 PM KENAI CITY COUNCIL CHAMBERS PRESIDENT PRO TEMPORE BOB PETERS, PRESIDING EXCERPT OF DRAFT MEETING SUMMARY Commissioner Peters called the meeting to order at approximately 6:00 p .m . a. Pledge of Allegiance Commissioner Peters led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. MOTION: B. Peters, G. Greenberg, C. Crandall , M. Dunn, Vice-Chair N. DuPerron (phone) Chair C. Hutchison, J. Desimone Public Works Director S. Curtin, Public Works Assistant K. Feltman, Council Member R. Peterkin Commissioner Crandall MOVED to appoint Commissioner Peters as President Pro Tempore for this meeting and Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. c. Agenda Approval MOTION: Commissioner Greenberg MOVED to approve the agenda and Comm issioner Crandall SECONDED the motion. There were no objections; SO ORDERED. 6 . NEW BUSINESS c. Discussion -Harbor Commission Meeting Schedule Adjustment MOTION: 52 Commissioner DuPerron MOVED to recommend to City Council for eight (8) Harbor Commission meetings a year and Commissioner Crandall SECONDED the motion. MOTION TO AMEND: Commissioner DuPerron MOVED to recommend Harbor Commission meetings not be held in January, July, October and December; Commissioner Crandall SECONDED the motion . VOTE: There being no objections, SO ORDERED. VOTE ON MOTION AS AMENDED: There being no objections, SO ORDERED. I certify the above represents accurate excerpt of the draft meeting summary of the Kenai Harbor Commission meetin of December 10 , 2018. Excerpt of City of Kenai Harbor Commission Meeting Summary Dece mber 10, 2018 Page 2 of 2 _____________________________________________________________________________________ Sponsored by: Mayor Gabriel CITY OF KENAI RESOLUTION NO. 2019 - 04 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE REAPPOINTMENT OF ROBERT RUFFNER TO THE ALASKA BOARD OF FISHERIES. WHEREAS, Robert Ruffner was appointed to the Alaska Board of Fisheries in 2015 with a term expiration of June 30, 2019; and, WHEREAS, commercial fisheries, sport fisheries, personal use fisheries, subsistence fisheries and shore-based fish processing facilities take place and/or are located within the City of Kenai’s Municipal boundaries; and, WHEREAS, it is vitally important that members of the Alaska Board of Fisheries manage fishery resources and habitat for the benefit of all Alaskans both present and future; and, WHEREAS, the reappointment of Mr. Ruffner would provide diversity of interest and points of view in the board of fisheries membership; and, WHEREAS, Mr. Ruffner, during his tenure as the Executive Director of the Kenai Watershed Forum, demonstrated exemplary leadership in building consensus among widely diverse user groups; and, WHEREAS, Mr. Ruffner’s training as a scientist and statistician provide the basis for sound decision-making based on scientific analysis; and, WHEREAS, Mr. Ruffner has been recognized by, and received awards from, the Coastal America Partnership and the United States Fish & Wildlife Service for his efforts and leadership in fish habitat restoration and protection; and, WHEREAS, the City of Kenai has worked closely with Mr. Ruffner and the Kenai Watershed Forum over the past twenty-one years, finding him to be unbiased, possessing keen analytical skills, and committed to sound scientific based decision-making, which will well serve the State of Alaska and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Council of the City of Kenai respectfully asks Governor Dunleavy to reappoint Robert Ruffner to the Alaska Board of Fisheries. Section 2. That a copy of this resolution shall be mailed to Governor Dunleavy. Section 3. That this resolution takes effect immediately upon adoption. 53 Resolution No. 2019-04 Page 2 of 2 ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 54 MEMORANDUM TO: Kenai City Council FROM: Mayor Gabriel DATE: January 7, 2019 SUBJECT: Resolution No. 2019-04 – Endorsing Robert Ruffner’s Reappointment to the Alaska Board of Fisheries. Robert Ruffner was appointed to the Alaska Board of Fisheries in 2015 and his term expires on June 30, 2019. Pursuant to AS 16.05.221(d), the Governor shall appoint a person to fill the vacancy that will arise on the board due to expiration of the term of a member of the board and submit the name of the person to the legislature for confirmation. Because of his expertise and demonstrated leadership with the Kenai Watershed Forum, Mr. Ruffner is an asset to the State of Alaska and the Alaska Board of Fisheries. His reappointment would continue to provide diversity of interest and points of view in the membership of the Board of Fisheries. Your consideration is appreciated. 55 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019-05 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI CAPITAL IMPROVEMENTS PLAN PRIORITY LIST FOR STATE FUNDING REQUESTS FOR THE FISCAL YEAR 2020. WHEREAS, the Capital Improvements Plan (CIP) identifies needed capital projects; and, WHEREAS, the CIP has historically been used to request capital funding from the State of Alaska through their capital budget; and, WHEREAS, the City Council of Kenai, Alaska recognizes the financial challenges facing the State of Alaska, its Governor, and Legislature; and, WHEREAS, the City of Kenai has identified and prioritized capital funding requests, but the City of Kenai is limiting its request for capital funding from the State of Alaska in State Fiscal Year 2020 to the Kenai Bluff Stabilization Project, the City’s number one priority; and, WHEREAS, any funding for this project by the State will be eligible for a match from the United States Army Corps of Engineers at 65% Federal / 35% State; and, WHEREAS, $5,000,000 of State funding for this project would be eligible for over $9,200,000 in Federal funding; and, WHEREAS, despite limiting our request for capital funding from the State of Alaska for the upcoming fiscal year to the Kenai Bluff Stabilization Project, it is important to keep the Governor and Alaska State Legislature apprised of the continued capital needs of the City for possible future state capital funding or if unanticipated funding becomes available for State Fiscal Year 2020. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City of Kenai adopts the attached City of Kenai Capital Improvements Plan Priority List for State Funding Requests for the Fiscal Year 2020. Section 2. That the Council is submitting only one funding request for Fiscal Year 2020, $5,000,000 for the Kenai Bluff Stabilization Project. Section 3. That a copy of this Resolution and attachment be forwarded to Governor Mike Dunleavy and the Alaska State legislature. Section 4. That this resolution takes effect immediately upon passage. 56 Resolution No. 2019-05 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 57 CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITIES FOR STATE FUNDING REQUESTS FOR SFY 2020 PROJECTS IDENTIFIED AND LISTED IN PRIORITY ORDER Page 1 of 5 Prepared by: P. Ostrander PRIORITY NUMBER PROJECT TITLE DESCRIPTION NEEDED FUNDING NOTES/COMMENTS 1 Kenai Bluff Stabilization Project Construct an approximate 5,000 lineal foot erosion control structure on the north shore of the mouth of the Kenai River $5,000,000 Requested for funding during SFY 2020 The Army Corps of Engineers is nearing completion of the feasibility study for the project, paid for through $585,000 of federal monies and $560,000 of local monies provided through a State of Alaska grant. The total cost of the project including design and construction is estimated at $32.5 million. This will require approximately $11,375,000 of funding to match Federal funding of $21,125,000. To date, $4,000,000 of State Grant funds and $585,000 of Federal funds have been committed to the project. Additionally, the residents of the City of Kenai approved the issuance of $2,000,000 in general obligation bonds through ballot proposition. Once the Feasibility Study is completed, Federal funding will be needed for design and construction of the project. Additional State funding could be used to provide the required match for the Federal funds. 2 Wastewater Treatment Plant Upgrades This project will include improvements to address deficiencies at the Wastewater Treatment Plant. Improvements may include treatment process upgrades to lower ammonia effluent discharge to meet APDES levels. It may also include replacement of aging and failing equipment. Upgrades to electric-motor-driven compressor systems would lower operational costs by at least $60,000 per year. $ 2,000,000.00 We have approximately $1.4 million in place with ADEC grant 47555 and matching COK funds to complete some but not all of these important repairs and upgrades. 2 Paving & Improvements to City Streets The City of Kenai maintains approximately 20 miles of gravel surfaced roadways within its municipal boundaries. The cost of maintenance of gravel roadways is high, dust from gravel roadways is a health issue for the elderly & young. The City maintains an ongoing Local Improvement District (LID) program to pave local streets and roads with the City providing a 50% cost share for the improvements. $ 1,000,000.00 The ongoing infrastructure improvements funded by past State of Alaska capital grants has improved the safety and operational efficiency of the City's roadways. The projects have been designed and constructed by local consultants and contractors providing further economic benefits to the area. 58 CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITIES FOR STATE FUNDING REQUESTS FOR SFY 2020 PROJECTS IDENTIFIED AND LISTED IN PRIORITY ORDER Page 2 of 5 Prepared by: P. Ostrander PRIORITY NUMBER PROJECT TITLE DESCRIPTION NEEDED FUNDING NOTES/COMMENTS 3 Improvements to the City of Kenai Recreation Center This project would repair/replace aging, outdated and failing components of the facility. The improvements would include, but not be limited to; HVAC, New Facility Entrance, roof replacement, replacement of spectator seating, locker room reconstruction, fixture replacements, flooring, and other interior remodel/reconstruction. $ 750,000.00 The Kenai Recreation Center is housed in a building that has reached a stage in its life cycle that significant renovations are necessary. After 20-30 years there are many components of the building that need repair or replacement to maintain an acceptable standard of service, and to decrease the rising costs of ongoing operations and maintenence issues in commercial/public buildings. 59 CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITIES FOR STATE FUNDING REQUESTS FOR SFY 2020 PROJECTS IDENTIFIED BUT NOT LISTED IN PRIORITY ORDER Page 3 of 5 Prepared by: P. Ostrander PRIORITY NUMBER PROJECT TITLE DESCRIPTION NEEDED FUNDING NOTES/COMMENTS Kenai - Old Town Pedestrian Walkway System This project would construct approximately 2,000 lineal feet of 4' wide sidewalk @ $185/lf adjacent to roadways. $ 370,000.00 Old Town Kenai is heavily traveled by pedestrian traffic, consisting of local residents, and during the summer approximately 50,000 tourists. Because there are no sidewalks pedestrians share the traveled roadways with vehicles creating an unsafe condition. City of Kenai Indoor Turf Field Facility This project would construct a 100'x200' indoor turf field, possibly as an addition to the existing Kenai Multi-Purpose Facility. The facility would be used by area schools, pre- schools, soccer and other organizations. $ 4,000,000.00 This project has been discussed by the Parks & Recreation Commission and it is my understanding they wish to continue discussion on the subject. This project is certainly worthy of discussion but significant work needs to be accomplished to determine its feasibility. Public Safety Building, renovate/reconstruct/ build addition for evidence room/safe This project would remodel existing facilities and create an addition to the east wing of the public safety building in order to construct a larger, secure evidence safe to meet the needs of the Kenai Police Department. $ 450,000.00 The east wing of the public safety building is comprised of small rooms, with limited efficient use. One of the rooms is an evidence safe, and over time evidence has taken over two more rooms and one garage bay. The overall volume of items requiring storage in an evidence safe is continually growing. The size of the present evidence safe is inadequate to the Departments's needs Public Safety Building, Replace exterior windows with ballistic windows (17) This project would replace 17 existing windows in the Police Department. The City has previously replaced the windows in the dispatch area with ballistic windows to provide safety from gun shots. $ 50,000.00 This improvement is a normal safety precaution for Police Departments throughout the Ubited States and should be accomplished at the Kenai Pubic saftey Building. Because these windows are non-opening it would be essential that HVAC improvements be accomplished prior/during then installation of ballistic windows. Lower Kenai River Drift Boat Pull-Out Project would provide lower river access point for pull-out of drift boats only. Unknown - Greater than $3,500,000 ADNR was supposed to accomplishing a "Needs Assessment Study" in 2011. The study that was performed did not include a needs assessment or address carrying capacity. It's doubtful any funding would be available for this project in advance of a study identifying the "carrying capacity" of the Kenai River, and that State/federal funding would be appropriated to a State Agency that would be responsible for the construction and operation of the facility. 60 CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITIES FOR STATE FUNDING REQUESTS FOR SFY 2020 PROJECTS IDENTIFIED BUT NOT LISTED IN PRIORITY ORDER Page 4 of 5 Prepared by: P. Ostrander PRIORITY NUMBER PROJECT TITLE DESCRIPTION NEEDED FUNDING NOTES/COMMENTS Kenai Multi-Purpose Facility Locker Room Construction This project would construct six locker rooms (4-team, 1- female, 1-referee) at the Kenai Multi Purpose Facility. This would include utilities, bathrooms, shower rooms and related appurtenances. Approximately 5,000 sf $ 1,250,000.00 The Kenai Mullti-Purpose Facility was designed to an ultimate"build-out" which included locker rooms, enhanced seating, building insulation, and heating systems, etc. Without locker rooms which include showers and other appurtenances use of the facility is limited. Kenai Community Library, new "Radio Frequency Indentification (RFID)" System This project would install an automated barcode system that would be able to read a bar code on every item in the Library's collections. This will enhance check-out and check- in, as well as collection inventories. $ 125,000.00 New Soccer Fields Irrigation Project would design and install irrigation system for four soccer fields $ 400,000.00 Bridge Access Road, Pedestrian Pathway This project would construct a pedestrian pathway from the Kenai Spur Highway to Kalifornsky Beach Road along Bridge Access Road. This area is heavily traveled by pedestrians, sight seer's, bicyclists, etc. This project is approximately 2 miles long and would complete the 24 mile Unity Trail that connects Kenai and Soldotna, along both the Spur Highway and Kalifornsky Beach Road. $ 3,000,000.00 The current use of Bridge Access Road by pedestrians and bicyclists is limited to the widened shoulder of the road. This is a safety concern and certainly discourages use of this stretch of the Unity Trail. When this project was pursued previously, there were concerns from the EPA and USF&W. Some of those concerns may be less today than they were in the past. Vehicle Storage Facility for Kenai Senior Center Vehicles This project would construct a six-bay vehicle storage facility at the City maintenance yard. The Kenai Senior Center provides a wide range of services to it's clients, including providing over 50,000 meals annually and transporation services. This requires buses, meal delivery vans, and other vehicles. $ 400,000.00 At present the vehicles are stored outside the center. During the winter this results in vehicles running to maintain heat for trips for the senior clients, reduced vehicle useful-life, and increased operation and maintenance costs. New Fee Shacks and Automated pay parking/camping systems (4) This project would purchase automated pay systems at each vehicle entrance to the City of Kenai's property at the mouth of the Kenai River. The systems would be similar to fee parking systems at Anchorage International Airport. This would provide for hourly/daily parking/camping fees to be assessed. $ 225,000.00 The City has received numerous complaints about fees being based on 24 hour utilization of facilities. This system would allow for the City to establish a tIme-sensitive fee system which would eliminate the practice of allowing no- fee temporary use of facilities for drop-offs and increase fee collection while increasing efficiencies at the fee shacks. 61 CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM (CIP) PRIORITIES FOR STATE FUNDING REQUESTS FOR SFY 2020 PROJECTS IDENTIFIED BUT NOT LISTED IN PRIORITY ORDER Page 5 of 5 Prepared by: P. Ostrander PRIORITY NUMBER PROJECT TITLE DESCRIPTION NEEDED FUNDING NOTES/COMMENTS Outdoor Event Park Stage This project would utilize a portion of the area known as Millenium Square. It would be constructed in three (3) phases. This request (Phase I) focuses on the construction of an outdoor stage with electrical and a lighting system. Project will initially make the area a preferred venue for a variety of small and medium-size events. $ 250,000.00 Currently, the City of Kenai only has one large area to accommodate large venues (4th July, Industry Appreciation, etc.) and is located on Kenai Municipal Airport land. Consequently, the ability to add needed infrastructure to continue accommodating these events is limited due to restrictions within the airport reserve. Kenai Little League Facility Restrooms and Storage Space Project would construct permanent ADA compliant restrooms with a water & sewer connection and additional storage space. The construction would include CMU type construction. $ 100,000.00 Portable restrooms are rented by several user groups each summer to facilitate their respective programs. Additionally,the City of Kenai rents portable units throughout the Kenai Personal Use Fishery. A permanent restroom facility would eliminate reoccurring rental costs for both the City and various user groups. 62 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: January 16, 2019 SUBJECT: Resolution 2019-05 - State Capital Priorities SFY 2020 Resolution 2019-05 adopts the City of Kenai Capital Improvements Plan Priority List for State Funding Request for the Fiscal year 2020. In recognition of the financial difficulties that the State of Alaska is currently facing, this Resolution specifically states that the City of Kenai is limiting our request for capital funding from the State of Alaska to the Kenai Bluff Stabilization Project, which is our number one priority. However, this Resolution also directs administration to provide the Priority List to both the Governor and the State Legislature to keep them apprised of the continuing capital needs of the City as well as allow for consideration of the City’s capital needs should an unforseen funding source become available. Your consideration is appreciated. 63 _____________________________________________________________________________________ Sponsored by: Council Member Knackstedt CITY OF KENAI RESOLUTION NO. 2019 - 06 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE EXPENDITURE OF UP TO $1,000,000 IN SUPPORT OF THE PRE-CONSTRUCTION ENGINEERING AND DESIGN PHASE OF THE KENAI BLUFFS BANK STABILIZATION PROJECT AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS FOR THE ACCEPTANCE OF CONTRIBUTED FUNDS. WHEREAS, the City has designated the Kenai River Bluff Erosion Project its number one federal and state funding priority for a number of years; and, WHEREAS, the Final Integrated Feasibility Report and Environmental Assessment, and Finding of No Significant Impact was provided by the U.S. Army Corps of Engineers (USACE) in November, 2018; and, WHEREAS, the City share of the project, which may be comprised of City, State, or eligible Federal funds, is 35% of project costs associated with design and construction of the project; and, WHEREAS, the estimated cost of the pre-construction engineering and design (PED) phase of the project is $1,000,000, and the City will be covering all of those costs; and, WHEREAS, if the project goes through to construction it is anticipated that the City’s full funding of the PED phase would be credited towards our ultimate cost share of 35% for the total project; and, WHEREAS, the City has received $4,000,000 in grants from the State of Alaska Department of Commerce, Community and Economic Development for the Kenai Bluff Stabilization Project of which approximately $3,400,000 is unspent to date and available to fund the PED phase of the project; and, WHEREAS, the USACE may accept contributed funds from political subdivisions on authorized projects and the USACE is considering the City’s request. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to provide funding to the U.S. Army Corps of Engineers up to $1,000,000 in support of the pre-construction engineering and design phase of the Kenai Bluffs Bank Stabilization Project. Section 2. That the City Manager is authorized to enter into a memorandum of agreement with the U.S. Army Corps of Engineers for the acceptance of contributed funds. Section 3. That this resolution takes effect immediately upon adoption. 64 Resolution No. 2019-06 Page 2 of 2 ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of January, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk _______ Finance 65 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Henry Knackstedt, City Council Member DATE: January 9, 2018 SUBJECT: Resolution No. 2019-06 – Authorizing the Expenditure of up to $1,000,000 in Support of the Pre-Construction Engineering and Design Phase of the Kenai Bluffs Bank Stabilization Project and Authorizing the City Manager to Enter into a Memorandum of Agreement with the U.S. Army Corps of Engineers for the Acceptance of Contributed Funds ____________________________________________________________________________ The City of Kenai has requested accelerated funding for the Pre-Construction Engineering and Design (PED) Phase of the Kenai Bluffs Bank Stabilization Project up to the estimated cost of $1,000,000. If the project goes through to construction, the PED phase contribution would be credited towards the City’s 35% matching requirement. The Director’s Report, the final step in the completion of the Feasibility Report, must be signed by the United States Assistant Secretary of the Army – Civil Works prior to the commencement of the PED Phase. U.S. Army Corps of Engineers Headquarters staff indicate that the Director’s Report is scheduled for signature prior to the end of January 2019. Due to the continuing erosion of the Kenai bluff and construction cost inflationary pressures, it is imperative that the PED Phase begin as quickly as possible after signature, without unnecessary delays. Your consideration is appreciated. 66 KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 19, 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 December 19, 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) Robert Peterkin Glenese Pettey A quorum was present. Also in attendance were: **Tristan Summers, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda and additions to the packet: Remove item D.7. Resolution No. 2018-71 MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions and requested UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion. Clarification was provided that the resolution was being removed from the agenda due to lack of funding available for the project and it would come forth in a future ordinance. VOTE: There being no objections, SO ORDERED. 67 City of Kenai Council Meeting Page 2 of 8 December 19, 2018 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice Mayor Navarre SECONDED the motion. Mayor Gabriel opened for 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. Stormy Brown, City of Kenai Human Resources Director – Human Resources Director Introduction. Stormy Brown introduced herself as the new Human Resources Director noting she had been in the position for about a month and had been making her way to visit all of the departments. 2. Barbara Miranda, Partnership Specialist – Road to 2020 Census Presentation. Barbara Miranda provided an overview of the goals, purpose, response options, complete count committees, and recruitment information for the upcoming 2020 Census. C. UNSCHEDULED PUBLIC COMMENTS Sara Pyhala noted the Biking in Kenai & Soldotna Citizen Group earned a Bronze designation for the cities of Kenai and Soldotna, discussed the application process involved, support they had from the cities, projects they developed prior to applying for the designation, and steps to advance the designation. Caitlin Vadla and Sarah Rhyner discussed community and civic engagement and their efforts to connect people with similar ideas to collaborate to bring the idea to completion. John Edison gave kudos to the City road crews after the recent snow events noting they did an outstanding job. He also noted the City parks looked beautiful and fireworks from the Christmas Comes to Kenai event were fantastic. David Chessick spoke about the City Dock, which was utilized by those on the West side of Cook Inlet and independent fishermen, and how inconvenient it was to have it closed this past summer. Ben Boettger noted he was working on an Alaska Transportation Alternatives Program grant for the Biking in Kenai and Soldotna Citizen Group to develop a trail on Bridge Access Road from Beaver Loop Road to Kenai Spur Highway. He indicated the grant was a pass through grant and required a match from the City. He added he hoped the City would adopt a future resolution agreeing to be sponsor. 68 City of Kenai Council Meeting Page 3 of 8 December 19, 2018 D. PUBLIC HEARINGS 1. Ordinance No. 3046-2018 – Increasing Estimated Revenues and Appropriations in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2019 Airfield Crack Sealing, Marking, and Minor Pavement Repair Project and Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for Design Services. (Administration) • Substitute Ordinance No. 3046-2018 MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3046-2018 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. MOTION TO AMEND: Council Member Knackstedt MOVED to amend by substitution. Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. Clarification was provided on percentage and funding matches. VOTE ON THE MOTION AS AMENDED: YEA: Molloy, Gabriel, Peterkin, Navarre, Pettey, Knackstedt NAY: **Student Representative Summers: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2018-66 – Supporting the Kenai City Manager’s or Designee’s Appointment to the Municipal Advisory Gas Project Review Board, as Supported by the Cities of Seward, Homer, Soldotna, and Seldovia, as the Member Representing the Interest of Cities of the Kenai Peninsula Borough. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-66 and requested UNANIMOUS CONSENT. Vice Mayor Navarre SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Wayne Ogle spoke in support of the resolution noting the Board had been in place for four years and, when the project got going, the Board would ramp up quickly. He also expressed gratitude for the support from all of the cities supporting the terminus of the project in Nikiski. Finally, he 69 City of Kenai Council Meeting Page 4 of 8 December 19, 2018 noted that Kenai was mentioned as a part of project as a water source and Payment In Lieu of Taxes would be discussed by the Board; urged teamwork. VOTE: There being no objections, SO ORDERED. 3. Resolution No. 2018-67 – Amending City Council Policy 2017-01, Procedures for the Use and Management of City Issued Mobile Devices, to Provide Procedures for the Student Representative and Make Other Housekeeping Amendments. (City Clerk) MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-67 and Council Member Peterkin SECONDED the motion. UNANIMOUS CONSENT was requested. 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. 2018-68 – Awarding a Three-Year Contract for Microsoft Software Licensing. (Administration) MOTION: Council Member Molloy MOVED to adopt Resolution No. 2018-68 and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2018-69 – Authorizing a Sole Source Purchase Agreement for Proprietary Water Treatment Chemicals for the City’s Water Treatment Plant to Nalco, an Ecolab Company. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-69 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. Clarification was provided that the vendor was the only supplier of the chemicals the City needed. VOTE: There being no objections, SO ORDERED. 70 City of Kenai Council Meeting Page 5 of 8 December 19, 2018 6. Resolution No. 2018-70 – Authorizing a Purchase Agreement Contract Extension for the Water and Waste Water Treatment Plants’ Chemical Supply to Univar USA, Inc. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2018-70 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. 7. Resolution No. 2018-71 – Authorizing the Award of a Construction Agreement for the Automated Flight Service Station Renovations Phase 3. (Administration) [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] E. MINUTES 1.*Regular Meeting of December 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 – Non-Objection to a Liquor License Renewal for The Bow, 2 Go Mart, and Playa Azul. (City Clerk) Approved by the consent agenda. 3. *Ordinance No. 3047-2018 – Increasing Estimated Revenues and Appropriations in the General Fund, Public Works Administration Department for the Procurement of Engineering Services to Assess Damage Caused by the November 30, 2018 Southcentral Alaska Earthquake. (Administration) Introduced by the consent agenda and public hearing set for 1/16/19. 4. Action/Approval – Action/Approval – Mayoral Nominations for Appointment to Parks and Recreation and Harbor Commissions. (City Clerk) MOTION: 71 City of Kenai Council Meeting Page 6 of 8 December 19, 2018 Council Member Knackstedt MOVED to confirm the Mayor’s nominations of Clyde Crandall for reappointment and Nate Berga for appointment to the Harbor Commission and Jennifer Joanis and Charlie Stephens for reappointment to the Parks and Recreation Commission. Vice Mayor Navarre SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 5. Action/Approval – Second Amendment to Kenai Municipal Airport Vending Machine Concession Agreement. (Administration) MOTION: Council Member Knackstedt MOVED to approve the second amendment to the Kenai Municipal Airport Vending Machine Concession Agreement and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – It was reported that at their December 13 meeting the Council discussed security cameras at the Senior Center; next meeting January 10. 2. Airport Commission – It was reported that at their December 13 meeting the Commission discussed the second amendment to a vending machine concession agreement for Tyler Distributing Company. It was also reported there would be no holiday decorations this year due to construction; next meeting January 10. 3. Harbor Commission – It was reported that at their December 10 meeting the Commission did a final review of potential code revisions, reviewing authority. Also discussed no wake buoys, recommended their schedule be amended, and heard about earthquake damage; next meeting January 7. 4. Parks and Recreation Commission – It was reported that at their December 6 meeting the Commission heard from the Biking in Kenai and Soldotna Citizen Group and discussed a recreation calendar for 2019; next meeting January 3. 5. Planning and Zoning Commission – It was reported that at their December 12 meeting Council Member Molloy presented a letter of recognition to Commissioner Peterson, thanking him for six years of service and approved a plat; next meeting January 9. 6. Beautification Committee – No report; next meeting January 8. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Announced a Work Session scheduled for January 16 at 5:00 p.m. to re-examine investment methodology with Alaska Permanent Capital Management for permanent fund investments; 72 City of Kenai Council Meeting Page 7 of 8 December 19, 2018 • Thanked Council Member Molloy for presenting the letter of recognition to Commissioner Peterson; • Attended the Council Meet & Greet event hosted by the Kenai Chamber of Commerce; thanked the Chamber for organizing the event; and • Noted the upcoming Kenai vs. Soldotna alumni hockey game. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Met with the new Executive Director of the Kenaitze Indian Tribe; • The Airport Terminal Rehabilitation project would need more funding to remove asbestos which had been found but not identified in design; and • Noted he was pursuing accelerated funding for the Bluff Erosion Project, discussing an option where the City fully funded the design so the project is positioned in front of others seeking federal funding; director report to be signed in January. 2. City Attorney – No report. 3. City Clerk –J. Heinz reported on the website redesign noting final touches were being made to the page design; received the proof back on the redesigned visitor guide, which looked great; and an ordinance would be coming forth for amendments to mobile food vendor licensing. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) John Edison noted he was excited to see the airport after its remodel. Mike Dunn thanked the Council Liaisons and the work the Council did for the City. 2. Council Comments All wished everyone a Merry Christmas and Happy New Year. Council Member Knackstedt thanked the Chamber of Commerce for hosting the Meet and Greet with City Council. Council Member Molloy thanked everyone that came to the meeting and spoke during scheduled and unscheduled public comment; thanked Administration for the information that goes into the department reports each month; thanked Council for the hard and diligent work on the matters that came before it this year. Student Representative Summers noted he enjoyed working with Council. Council Member Peterkin also thanked those that came to address Council. Council Member Glendening expressed gratitude for those sharing insight; noted appreciation for his colleagues and their proactive work for the City; thanked staff for their hard work. 73 City of Kenai Council Meeting Page 8 of 8 December 19, 2018 Vice Mayor Navarre also thanked the Chamber of Commerce for hosting the Meet and Greet with Council; noted it had been a great year for the City. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:25 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 19, 2018. _____________________________ Jamie Heinz, CMC City Clerk **The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. 74 75 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JANUARY 16, 2019 VENDOR DESCRIPTION PERS PERS INTEGRITY JANITORIAL NOV. SERVICE AT CITY HALL PRECIOUS JANITORIAL NOV. SERVICE AT LIBRARY PRECIOUS JANITORIAL NOV. SERVICE AT TERMINAL PRECIOUS JANITORIAL NOV. SERVICE AT POLICE DEPARTMENT VARIOUS NON-DEPARTMENTAL LIBRARY AIRPORT POLICE PRECIOUS JANITORIAL NOV. SERVICE AT VISITOR CENTER VISITOR CENTER ENSTAR NATURAL GAS GAS USAGE VARIOUS INVESTMENTS VENDOR DESCRIPTION MATURITY DATE PIPER JAFFRAY U.S . GOVT SECURITY 12/21/2023 PIPER JAFFRAY U .S . GOVT SECURITY 12/4/2023 PIPER JAFFRAY U .S . GOVT SECURITY 11/4/2019 PIPER JAFFRAY U.S . GOVT SECURITY 1/3/2020 PIPER JAFFRAY U.S. GOVT SECURITY 6/30/2020 PIPER JAFFRAY U.S. GOVT SECURITY 1/10/2020 ACCOUNT AMOUNT LIABILITY 95,895.58 REPAIR & MAINTENANC 1,389.00 REPAIR & MAINTENANC 2 ,795.00 REPAIR & MAINTENANC 4 ,495.00 REPAIR & MAINTENANC 978.00 REPAIR & MAINTENANC 928 .00 UTILITIES 27,911 .12 AMOUNT Effect. Int. 247,233.86 3.40% 249,998.13 3 .55% 245,000.00 2.60% 245,000.00 2 .60% 245 ,000.00 2.85% 245 ,000.00 2 .60% 76 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF : JANUARY 16, 2019 VENDOR DESCRIPTION DEPT. UNIVAR CALCIUM CHLORIDE STREETS INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O.# -DEPT. ACCOUNT AMOUNT OPERATING SUPPLIES 21,600.00 REASON AMOUNT TOTAL PO AMT MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin – Public Works Director DATE: January 9, 2019 SUBJECT: Purchase Orders over $15K The purpose of this memo is to request approval for a purchase order over $15K for the purchase of calcium chloride for the City Streets Department. The Streets Department utilizes calcium chloride as dust control on gravel roadways throughout the City. This product is purchased each year by the City. The Kenai Peninsula Borough issued a formal Invitation to Bid on November 27, 2018. In cooperation and coordination with the City of Kenai the calcium chloride was jointly bid to the benefit of both agencies. Five Bids were received by the Borough on December 12, 2018 with NorthStar Supply LLC being the lowest responsive Bidder. Funding for this purchase is provided for within the current budget, account information as detailed below: Account 001 433 2022 General Fund Streets Department Operating & Repair Supplies Purchase Order to NorthStar Supply LLC in the amount of $21,600.00 for the purchase of 80,000lbs of calcium chloride. Approval of this purchase will allow the Streets Department to continue to provide dust control services as part of normal operations. Approval of this purchase is respectfully requested, thank you for your consideration. 77 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 4, 2019 SUBJECT: Liquor License Renewal The following establishments have submitted an application to the Alcohol and Marijuana Control Office for renewal of their liquor license: • The Cannery Lodge, LLC D/B/A The Cannery Lodge • Don Jose’s, LLC D/B/A Don Jose’s Mexican Restaurant • Three Bears Alaska, Inc. D/B/A Three Bears Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and the applicants have satisfied all obligations to the City. With the approval of Council, a letter of non- objection to renewing of the liquor licenses will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. 78 79 "Vt1/a!ft with a Past, CifJ with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283 -7535 I FAX : 907-283-3014 MEMORANDUM TO : FROM : DATE : RE : David Ross , Chief of Police Willie Anderson, Lands Terry Eubank , Finance Department Scott Bloom , Legal Department Elizabeth Appleby, City Planner Jamie Heinz, City Clerk December 11 , 2018 Liquor License Renewal b:*d ,ijji; 199212011 The Alcohol & Marijuana Control Office has sent notification that the following applicant has applied for renewal of their Liquor License #5369 : Applicant: D/B/A : The Cannery Lodge , LLC The Cannery Lodge Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e . water and sewer bill ings, lease/property payment history, citations, etc .) by the above reference applicant. Initial whether account(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts . Please let me know if you have any questions. Once you have completed your section , please route to the next department. Thanks! 1.~1_!9e Department '"!> 2.-initials h.1'1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The ape!iJ;¥~has outstanding obligations and an additiona l page has been attached . 2. Finance £2.._ • initials "@ I have reviewed all records for my department and the applicant is cu rrent on obligations or obligations do not exi st. 0 The app1cant has outstand ing obligations and an add itional page has been attached . 3~al !> initials ~ I have reviewed all records for my department and the app licant is current on obligations or obligations do not exist. 0 The applicant has octs~~g obligations and an add itional page has been attached . 4J:flds Management ~initials l.{J I have reviewed all records fo r my department and the applicant is current on obligations or obligations do not exi st. Uhe applicant has outs~ng obligations and an add itional page has been attached . 5. Planning and Zoning initials (S1 I have reviewed all records for my department and the applicant is current on obligations or obl igations do not exi st. OThe app li cant has outstanding blig tions and an additiona l page has been attached . Returned to Clerk's office: / I Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Seventh Avenue, Suite 1600 Anchorage, AK 99501Main: 907.269.0350 December 7, 2018 City of Kenai Attn: Jamie Heinz, City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us tshassetz@kpb.us Re: Notice of 2019/2020 Liquor License Renewal Application License Type: Outdoor Recreation Lodge License Number: 5369 Licensee: The Cannery Lodge, LLC Doing Business As: The Cannery Lodge We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 80 81 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7•h Avenue, Suite 1600 Anchorage , AK 99501 alcohol.licensing@alaska.gov https ://www.commerce.alaska .gov/web/amco Phone : 907 .269.0350 Master Checklist: Renewal Liquor License Application Doing Business As: The Cannery Lodge I License Number: 15369 License Type: Outdoor Recreation Lodge Examiner: ..._I oM"-' I Transaction #: 1959575 / Document Received Completed Notes AB-17: Renewal Application 11/16/18 JJ /z c., /,,., App and License Fees 11/16/18 U/ 1'1/18 Supplemental Document Received Completed Notes Tourism/Rec Site Statement 44f46l48 AB-25 : Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33 : Restaurant Affidavit COi I COC I 5 Star FP Cards & Fees I AB-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? Mailing address and contact information different than in database (if yes , update database)? In "Good Standing" with CBPL (skip this and next question for sole proprietor)? Officers and stockholders match CBPL and database (if "No", determine if transfer necessary)? LGB 1 Response: LGB 2 Response: D Waive D Protest D Lapsed D Waive D Protest D Lapsed [Master Checklist: Renewal) (rev 09/20/2018) Page 1 ofl 82 What is this form? Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7•h Avenue, Suite 1600 An chorage, AK 99501 alcohol.llcens i ng@ala~ka .gov https://www.commerce.alask a.gov/web/amco Phone : 907.269.0350 Form AB -17: 2019/2020 Renewal License Application This renewal license applicat ion form is required for all individuals or entities seeking to app ly for renewa l of an exist ing liquor license that wi ll expire on December 31, 2018 . All fields of this form must be complete and correct, or the app lication will be returned t o you in the manner in which it was received, per AS 04 .11.270 and 3 AAC 304 .105 . The Community Council field only shou ld be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough . This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees that an application will be considered complete, or that a license will be renewed. Section 1 -Establishment and Contact Information Enter informa tion for the business seeking to have its licen se renewed. If any populated information is incorrect, plea se contact AMCO. Licensee: The Cannery Lodge, LLC License#: 5369 License Type: Outdoor Recreation Lodge Legal Ref.: AS 04.11.225 Doing Business As: The Cannery Lodge Premises Address: 2101 Bowpicker Lane Unit 13 Local Governing Body: City of Kenai (Kenai Peninsula Borough) Community Council: None Mailing Address: PO Box 222029 City: Anchorage I State: I AK I ZIP: 199522 Enter information for the individual who will be designated as the primary po int of contact regarding this appl icat ion . This indiv idual must be a licensee who is requ ired to be listed in and authorized to sign this application Contact Licensee: Ronald Hyde, JR I Contact Phone: 1907-223-1242 Contact Email : Ron.hyde@pacrimlog.com Optional: If you wish for AMCO staff to communicate with individual who is not a licensee named on this form (eg : legal counsel) about this application and other matters pertaining to the license, please provide that person's contact information in the field s below. Name of Contact: Laura Desmond I Contact Phone : 1907-261-9403 Contact Email: laura .desmond@pacrimlog .com [Form AB-17] (rev 09/17 /2018) Page 1of4 83 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewa l License Application Section 2 -Entity or Community Ownership I nformation This top subsection must be completed by any licensee that i s a coroo@t!on or JJ,t. Corpor ations and LlCs are required to be in good stand ing w ith the Alaska Division of Corporations, Business & Professional Licensing (CBP L). This number is neither your EIN/tax ID number, nor your business license number. You may view your entity's status or find your CBPL entlty number by vising the following silt!:! n \ 11.,...,,,. c om~rrcura ILi &0¥/dta/m1ln/wifSblt.ntnl General partnerships and local governments should skip to the second half of this page. licensees who directly hold a license as an individual or individuals should skip to Section 3 . I Alaska CBPL Entity #: 112351 You must ensure that yo u are able to certify the following statement before sign i nc your initials in the box to the r Jaht: In itials I certify that this entity is in good standing w ith CBPL and that all cu r rent en t ity officials and stakeholders (listed below) ~ are also currently and accurately listed with CSPL ~ This subsection must be completed by any community or mmx, including a corporation, limited liability company, partnership, or limited partnership. that is applying to'r renewal. If more space is needed, please attach additional completed copies of this page . • If the applicant is a corporation, the following information must be completed for each stockhDldtr who owns 10% ar""'11! of the stock in the corporation, and for each president. vl~preskttnr, secretary, and managing o/fker. • If the applicant is a limited llabllitv orpn!zat!on, the following Information m ust be completed for each ~mber with an ownership ln~rest of 10% or mare, and for each manager. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an Interest of 10% ar more, and for each general partner. Important Note: The information provided in the below fields (Including spelllng of names, specific titles, and percentages held) must match that which Is listed with CBPL. If one individual holds multiple titles mentioned in the bullets above, all t itles must be listed for I that individual on this application and with CBPL. Fa! ure to list all required titles constitutes an incomplete application. Name of Official: Ronald Hyde, JR Title(s): Manager, CL Mailing Address: 1948 Brandilyn Street City: Anchorage Name of Official: Title(s): Mailing Address: City: Anchorage Name of Official: Title(s): Mailing Address: City: [Form AB-17) (rev 09/17 /2018) license #5369 OBA The Cannery lod11e I Phone: j State: Phone: I 907-223-1242 I %Owned: j 0% I AK I ZIP: I 99516 907-261-9440 %Owned: 100% AK ZIP : 99522 %Owned: Pap2of4 84 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewa l License Application Section 3 -Sole Proprietor Owne rship Information This section must be completed by any licensee who directly holds the license as an !ndMdual or myltlplt jndMduals and is applyin& for license renewal. If m ore space is needed, please attach a separate sheet that includes all of the required information. Entities should skip to Section 4. The following Information must be completed for each licensee and each affiliate (spouse). This individual Is an: 0 applicant 0 affiliate (spouse) Name: I Contact Phone: I M~iling Address: City: j State: I I ZIP: I Email: This individual is an: 0 applicant D affiliate (spouse) Name: I Contact Phone: I Mailing Address: City: I State: I I ZIP: I Email: Secti on 4 -Alcohol Server Education This section must be completed only by the holder of 11 beverace dispensary, club. or I!!!.!! l iunse or conditlonal contractor's permit. The holders of all other license types should skip to Sec1'on S. Read the line below, and then sl n your initials in the box to the ( ht of the statement: I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patr have completed an alcohol server education course approved by the ABC Board and k eep current, valid copies of thei.K~RUll course completion cards on the licensed premises during all worli:i ng hours, as set forth in AS 04 .21.025 and 3 AAC 3;().0jlli!iilii...,-- Section 5 -License Oper11tlon Check a for each c alendar ar that best describes how this II uor llcensa was opera The license was regularly operated continuously throughout each year. The license was regularly operated during a specific season each year. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. If this box is checked, a complete copy of Form AB-30: Proof of Minimum O~ration Checklist, and all necessary documentation must be provided with this application. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both of the calendar years. If this box is checked, a complete copy of Form AB-29: Waiver of O~rotion Application and corrtspondino fees must be submitted with this application for each ca/endor year dvring which the licen se was not operated for at least the minimum requirement, unless a complete copy of the form (including fees} hos already b~n submitted for that year. [Form AB-17] (rev 09/17 /2018) License #5369 OBA The Cannery Lodge 2017 20IB ~IBJ D D DD D D 85 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewal License Application Section 6 -Violations and Convictions Applicant violations and convictions in calendar years 2017 and 2018: Have any notices of violation (NOVs) been is sued to this licensee i n the calendar years 2017 or 2018? Has any person or entity named in this application been co nvicted of a violation of Title 04, of 3 AAC 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2017 or 2018? Yes No D 0 om If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all current licensees (as defined in AS 04 .11.260) and affiliates have been listed on this application, and~h in accordance with AS 04.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, ~ and I have not changed the business name or the ownership (including officers, managers, general partners, or stakeh olders) from what is currently approved and on file with the Alcoholic Beverage Control Board . I certify on behalf o f myself or of the organized entity that I understand that providing a false statement on this form or i ~ any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issue~ As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application , including all accom panying schedules and statements, is true, (orrect, and complete. I agree to provi~e· all-loformation y the Alcoholic Beverage Control Board or AMCO staff in su ~port 7 his application and understand that failure tb d y any de ine given to me by AMCO staff will result in this application bein_g.r.Qt ned to me as incomp lete . . c) &e-< a < ... Chu tvvJ(-=:=> Sign Signature of Notary Public Notary Pub lic in and for the State of _A~la.,.s~k=a ______ _ My commission expires : _8_/_2_5_/_2_0 ___ _ Subscribed and sworn to before me this i1f_ day of j\ ClJ-€ tl( bf r' , 2o_!f_. No £8] If "Yes", write your six-month operating period:------------ License Fee: I $ 1250.00 I Application Fee: I $ 300.00 I TOTAL: $1550.00 Miscellaneous Fees: GRAND TOTAL (if different than TOTAL): [Form AB-17] (rev 09/17/2018) Lice nse 115369 OBA The Cannery Lodge 86 Divi s ion o f Corporations, Bus ine ss a nd Profess iona l Licensing http s://www.comm e rce.alaska.gov/cbp/main/search/e nti t ies 1 of2 Details ENTITY DETAILS Name(s) Type Name Legal Name The Cannery Lodge, LLC Previous Legal Name NANVAQ PEBBLE , LLC Entity Type : Limited Liability Company Entity#: 112351 Status : Good Standing AK Formed Date : 11/18/2007 Duration/Expiration : Perpetual Home State : ALASKA Next Biennial Report Due : 1/2/2021 Entity Mailing Address : P.O . BOX 191025, ANCHORAGE , AK 99519 Entity Physic al Address : 421W.1ST AVENUE, STE . 250 , ANCHORAGE , AK 99501 Registered Agent Agent Name : Roy Longacre Registered Mailing Address : BOX 191025, ANCHORAGE, AK 99519 Registered Physical Address : 6375 KULIS DR , BLDG 23, ANCHORAGE , AK 9950 2 Officials AK Entity# Name Prl Logistics, Inc. RON A L D HYDE Filed Documents Date Filed 11/18/2007 3/14/2008 4/22/2009 Type Creation Filing Agent Resignation Agent Change Titles Member Manager Fil i ng Cl ick to View Click to View Click to View ~Show Former Owned 100 Certificat e 1217/20 18 , 12 :15 PM 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 12/10/2018 Ms. Jamie Heinz City of Kenai Kenai City Hall 210 Fidalgo Ave. Kenai, AK 99611 RE: Non-Objection of Application Dear Ms. Heinz, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/TS Encl. cc: ron.hyde@pacrimlog.com; jheinz@kenai.city; JRodgers@kpb.us Licensee/Applicant : The Cannery Lodge LLC Business Name : Cannery Lodge License Type : Lodge License Location : 2101 Bowpicker Lane Unit 13, City of Kenai License No. : 5369 Application Type : License Renewal 87 88 "Vt1/~e with a Pas~ City with a future" 210 Fidalgo Avenue , Kenai, Alaska 99611-7794 Telephone : 907-283-7535 I FAX : 907-283-3014 MEMORANDUM TO : FROM : DATE: RE : David Ross , Chief of Police Willie And e rson, Lands Terry Eubank , Finance Departme nt Scott Bloom , Legal Department Elizabeth Appleby, City Planner Jamie Heinz, City Clerk December 6, 2018 Liquor License Renewal ltdtd -Cly ,1111' 1992 12011 The Alco hol & Marijuana Control Office has sent notification that the following applicant has applied for renewal of their Liquor License #3039: Appli cant: Don Jose's LLC D/B /A: Don Jose's Mexican Restaurant Pursuant to KMC 2.40.010, It is determined to be in the public intere st that holders of or applica nts for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review acc ount(s) ma intained by your department (i.e. water and sewer billing s, lease/property payment history , citations , etc.) by the above reference applicant. Initial whether account(s) and /or payment pl an(s) are c urrent or delinquent. If accounts are delinque nt, atta ch information to this memorandum ind icating amounts owed and for which accounts. Please let me know if you ha ve any questions. Once you ha ve compl eted your section, please route to the next department. Thanks! 1. Police Department ~ .e-i n itials ~have reviewed all records for my department and the applicant l s curren t on obligations or obli gations do not exist . 0 The ap~has outstanding obligations and an additional page has been attached . 2 . Finance _f.1...:__ i nitials B I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist 0 The ap~l icant has outstanding obligation s and an add1t!o na l page h as b een attached . 3~a l S '"> initials ~ I have revi ewed all records for my department and the applicant is current on obligations or obligations do not exisL 0 The ap plicant has outstanqing obligations and an additional page has been attached . 4~ds Management WL+-tnltials 1XJ I have reviewed all records for my department and the applicant Is current on obliga tions o r obligations do not extsL Orhe applicant has outsta~ing obHgations and an additional page has been attached. 5. Planning and Zoning 6n i nitials liJ I have reviewed all records for my department and the applica nt Is current on o bli gations or obtrgatio ns do not exist. Orhe ap plicant has outstandi n obli ations and an a dd itional page has been attached . Returned to Clerk's office: J { ? lb Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 6, 2018 City of Kenai Attn: Jamie Heinz, City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us tshassetz@kpb.us Re: Notice of 2019/2020 Liquor License Renewal Application License Type: Beverage Dispensary License Number: 3039 Licensee: Don Jose’s LLC Doing Business As: Don Jose’s Mexican Restaurant We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 89 90 Alaska Alcoholic Beverage Control Board Alcohol an d Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchor age, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Ph one: 907.269.0350 Master Checklist: Renewal Liquor License Application Doing Business As : Don Jose's Mexican Restaurant I License Number: 13039 license Type : Beverage Dispensary Examiner: ( ) ' w ,._" • I Transaction #: 1440894 - Document Received Completed Notes AB-17 : Renewa l Application 10/15/2018 {O l 17 App and License Fees 10/15/2018 lD \\~ Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB -25: Supplier Cert (WS) AB-29 : Waive r of Operation 10/15/2018 ll){lS- AB -30: Minimum Operation AB -33: Restaurant Affidavit COi I coc I s Star FP Cards & Fees I AB -08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? Mailing address and contact information different than in database (if yes , update database)? In "Good Standing" with CBPL (skip this and next question for sole proprietor)? Officers and stockholders match CBPL and database (if "No", d etermine if transfer n ece ss ary)? LGB 1 Response: LGB 2 Response : D Wa ive D Protest D Lapsed D Waive D Protest D Lapsed [Master Checklist: Renewal} (rev 0 9/20/2018 ) Page 1 of1 91 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone : 907.269.0350 Form AB-17: 2019/2020 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing liquor license that will expire on December 31, 2018. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105. The Community Council fie ld only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough . This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees that an application will be considered complete, or that a license will be renewed. Section 1 -Establishment and Contact Information Enter information for the business seeking to have its license renewed . If any populated information is incorrect, please contact AMCO. Licensee: Don Jose's, LLC License#: 3039 License Type: Beverage Dispensary Legal Ref.: AS 04.11.090 Doing Business As: Don Jose's Mexican Restaurant Premises Address: 205 S Willow St Local Governing Body: City of Kenai (Kenai Peninsula Borough) Community Council: None Mailing Address: JJ-7 // ?iv/1 u l" AJe City: Hw1c.r I State: I At I ZIP: I c;,&0 3 Enter information for the individual who will be designated as the primary point of contact regarding this application. This individual must be a licensee who is required to be listed in and authorized to sign this application Contact Licensee: "}vx 2c:.. ""'"_) I Contact Phone: I 9(/ 7 . ~CJ-1 /<j(,, Contact Email: .{.c. \ ~""" ~ \ ~ \: ... ~ y r;.."'.;(} Cv""'l Optional: If you wish for AMCO staff to communicate with individual who is not a licensee named on this form (eg : legal counsel) about this application and other matters pertaining to the license, please provide that person's contact information in the fields below. Name of Contact: L /J A A~ K:_ Contact Phone: (;/ 7&' ~ /~ _ 'jf;j-~/ Contact Email: r: · k \ ~-£~ r1~ \·sc_. o-i ~ [Form AB-17] (rev 09/17 /2018) Page 1 of4 92 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewal License Application Section 2 -Entity or Community Ownership Information This top subsection must be completed by any licensee that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Bus iness & Profes si onal Licen sing (CBPL). This number is n eit her your EIN/tax ID number, nor your business license number. You may view your entity's status or find your CBPL entity number by vising the following site: https://www.commerce.alaska .gov/cbp/main/search/entities Ge neral partnerships and local governments should skip to the second half of this page . Licensees who d irectly hold a license as an individual or individuals should skip to Section 3. I Alaska CBPL Entity#: tf S~t1JD You must ensure that you are able to certify the following statement before signing your initials in the box to the right: I certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders (listed below) are also currently and accurately listed with CBPL. Initials This subsection must be completed by any community or entity, including a corporation, limited liability company, partnership, or limited partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page . • If the applicant is a corporation. the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the applicant is a limited liability organization, th e following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the appl icant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. Important Note: The informati on provided in the below fields (including spelling of names, specific titles, and percentages held) must match that which is listed with CBPL. If one individual holds multiple titles mentioned in the bullets above, all titles must be listed for that individual on this application and with CB PL. Failure to lis t all required titles con stitutes an incomplete application. Name of Official: Ju.>c_ ~v-r·w_.> Title(s): /Y1 e"""'~ I Phone: I q'17 --J.~9' 119~ I %Owned: I sl Mailing Address: ) J--1 {,.) Hv/\t er ~ City: fb;'-!.r I State: I A-t I ZIP: I 97c.,03 Name of Official: tY1 t\Cc" c. Title(s): ;neJVlW <fu l -.2 Z 'J ,. 7t<it, %Owned: re; Mailing Address: /27 {,.) ?ivrit-c:-(/ e... City: .,,.,..,(,~ /(_ ZIP: 19tv.3 Name of Official: Title(s): I Phone: I I %Owned: I Mailing Address: City: I State: I I ZIP: I . -r-"""l!i"':'\.-;;;;;;1r 1\ ""'"' u \JI.=>~'-'"" "' - [Form AB-17) (rev 09/17 /2018) (7c~ 15 2~ Page 2 of 4 License #3039 OBA Don Jose's Mexican Restaurant ALCOHUL MMUUAM CJN 1 nuL OFFICE STATE OF ALASKA 93 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewal License Application Section 3 -Sole Proprietor Ownership Information This section must be completed by any licensee who directly holds the license as an individual or multiple individuals and is applying for licen se renewal. If more space is needed, plea se attach a separate sheet that includes all of the required information . Entities shou ld skip to Sec ti on 4. The following information must be completed for each licensee and each affiliate (spouse). This individual is an : D applicant D affiliate (spouse) Name: j Contact Phone: I Mailing Address: City: I State: I I ZIP: I Email: This individual is an : D applicant D affiliate (spouse) Name: j Contact Phone: I Mailing Address: City: I State: I I ZIP: I Email: Section 4 -Alcohol Server Education This section must be completed only by the holder of a beverage dispensary, club, or pub license or conditional contractor's permit. The holders of all other license types should skip to Section 5. Read the line below, and then sign your initials in the box to the right of the statement: Initials I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron ~ have completed an alcoho l server education course approved by the ABC Board and keep current, valid cop ies of their ~ course completion cards on the licensed premises during all working hours, as set forth in AS 04.21.025 and 3 AAC 304.465 . Section 5 -License Operation Check a single box for each calendar year that best describes how this liquor license was operated: The license was regularly operated continuously throughout each year. The license was regularly operated during a specific season each year. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checklist, and all necessary documentation must be provided with this application . The license was not operated at all or was not operated for at least the minimum requ irement of 240 total hours each year, during one or both of the calendar years. If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be sub mitted with this application for each calendar year during which the license was not operated for at least the minimum requirement, unless a complete copy of the form (including fees) has already be en submitted for that year. [Form AB-17] (rev 09/17 /2018) License #3039 OBA Don Jose's Mexican Restaurant OCT 15 201B ALCOHUL w.AniJlJAo~A v•m "'"'-vrFICE STATE OF ALASKA 2017 2018 DD DD DD Page3of4 94 Alaska Alcoholic Beverage Control Board Form AB-17: 2019/2020 Renewal License Application Section 6 -Violations and Convictions Applicant violations and convictions in calendar years 2017 and 2018: Yes No Have any notices of violation (NOVs) been issued to this licensee in the calendar years 2017 or 2018? Ha s any person or entity named in this application been convicted of a violation of Title 04, of 3 AAC 304, or a local ordinance adopted under AS 04.21.010 in the calendar years 2017 or 2018? ~n D B If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all current licensees (as defined in AS 04.11.2 60) and affiliates have been listed on this application, and that in accordance with AS 04.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business . I certify that I have not altered the functional floor plan or reduced or expanded the area of the license d premises, and I have not changed the business name or the ownership (including officers, managers, general partners, or sta ke holders) from what is currently approved and on file with the Alcoholic Beverage Control Board . I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued . Initials Subscribed and sworn to before me this JS-day of ___ o_c_f ______ __, 20_!%_. Yes No Seasonal License? D G2}' If "Yes", write your six-month operating period:------------ License Fee: $ 2500.00 Application Fee: $ 300.00 TOTAL: Miscellaneous Fees: GRAND TOTAL (if different than TOTAL}: [Form AB-17) (rev 09/17 /2018) Page4of4 License #3039 OBA Don Jose's Mexican Re staurant 95 Di vision of Corporations, Business and Professional Licensing Details ENTITY DETAILS Name(s) Type Name Legal Name DON JOSE 'S, LLC Entity Type: Limited Liability Company Entity#: 56813D Status : Good Standing AK Formed Date : 9/28/1995 Duration/Expiration : Perpetual Home State : ALASKA Next Bi enn i al Report Due : 1/2/2021 Entity Mailing Address : 127 W PIONEER AVE , HOMER, AK 99603 Page 1 of 2 Entity Physical Address : 2052 E NORTHERN LIGHTS BLVD, ANCHORAGE, AK 99508 Registered Agent Agent Name : JOSE RAMOS Registered Mailing Address : 127 PIONEER, HOMER, AK 99603 Registered Physical Address : 127 PIONEER, HOMER , AK 99603 Officials AK Entity# Name Jose' Ramos Maria C Ramos Filed Documents Date Filed 10/12/1994 9/28/1995 9/28/1995 12/16/1996 Type Biennial Report Creation Filing Creation Filing Biennial Report Filing Titles Member Member Click to View C lick to View https ://www.commerce.alaska.gov/cbp/main/search/entities DShow Former Owned 51 49 Certificate 10/16/2018 96 Division of Corporations, Business and Professional Licensing Page 2 of2 Date Filed Type Filing Certificate 12/31/1998 B iennial Report Click to View 12/14/2000 Biennial Report Click to V iew 1/03/2003 Biennial Report Click to View 712 012005 B ie n n ial Report Click to View 1 0/1 5/2006 Bienn ial Report Click to View 4 /24/2009 B ienn ial Re port Click to View 3/10/2 011 Biennial Report Click to View 1 1/28/2012 Bie nnial Report Click to View 10/23/2014 Bienn ial Report Click to View 12/2 1/2 016 Bien n ial Report Click to View 1 0/15/2018 Bienn ial Report Click to View Close Details Print Friendly Version https ://www.comrnerce.alaska.gov I cbp/m ain/search/entities 10/16/2018 97 Date : 3-31-18 Licensee : Don Jose's LLC #3311/Beverage Dispen sary AMCO Case#: AB18-0257 oorn©i:gowrn@ r-:------1 l •JCT 20l j I ALCOr.uL •, ~"'~" ~.,·,, w.vfF ICE STAt Cf ALA SKA 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 12/7/2018 Ms. Jamie Heinz City of Kenai Kenai City Hall 210 Fidalgo Ave. Kenai, AK 99611 RE: Non-Objection of Application Dear Ms. Heinz, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/TS Encl. cc: salmonalaska@yahoo.com; jheinz@kenai.city; JRodgers@kpb.us Licensee/Applicant : Don Jose's LLC Business Name : Don Jose's Mexican Restaurant License Type : Beverage Dispensary License Location : 205 S Willow St, City of Kenai License No. : 3039 Application Type : License Renewal 98 99 "Vt1/a!Je with a Pas~ City with a Future" 210 Fidalgo Avenue , Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: RE : David Ross , Chief of Police Willie Anderson , Lands Terry Eubank, Finance Departme nt Scott Bloom, Legal Department Elizabeth Appleby, City Planner Jamie Heinz, City C lerk December 31 , 2018 Liquor License Renewal ltl:e:d mr 199212011 The Alcohol & Marijuana Control Office has sent notification that the following applicant has applied for renewal of their Liquor License #4118: ' Applicant: D/B/A: Three Bears Alaska , Inc. Three Bears Pu rsuant to KMC 2.40.0 10 , It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State o f Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your departme nt (i.e. water and sewer billings, lease/property payment history, citations , etc.) by the above reference applicant. Initial whether account(s) and /or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to th is memorandum ind icating amounts owed and for which accounts . Please let me know if you have any questions. Once you have completed your section, please route to the next department. Thanks! 1. Police Department '~ initials EJi have reviewed all records for my department and the applicant is cu rrent on obligations or obligations do not exist. 0 The app~~nt ..b as outstanding obligations and an additional page has been attached. 2. Finance 'h ·initials ffi have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. 0 The applicant has outstanding obligations and an additional page has been attached . 3. Legal .5'J initials @!have reviewed all records for my department and the a pp licant is current on obligations or obligations do no t exist. 0 The applicant has outstanding obli gations and an additional page has been attached . 4;..,!:ePds Management IA ,.tA../ initials lJ!1 1 have reviewed all records for my department and the ap plicant is current on obl igations or obligations do not exist. Orhe applicant has outst~ obliga tions and an a dditi onal page has been attached . 5. Planning and Zoning initials blJ I have re viewed all records for my department a nd the appli cant is current on obligations or oblig ations do not exist. Orhe applicant has outstanding obl ~tions and an additional page has been attached. Returned to Clerk's office: J ' 3 • f ~ Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 28, 2018 City of Kenai Attn: Jamie Heinz, City Clerk VIA Email: jheinz@kenai.city Cc: cityclerk@kenai.city joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us tshassetz@kpb.us Re: Notice of 2019/2020 Liquor License Renewal Application License Type: Package Store License Number: 4118 Licensee: Three Bears Alaska, Inc. Doing Business As: Three Bears We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 100 101 Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage , AK 99501 alcohol.llcensing@alaska.gov https:Uwww.commerce.alaska .gov/web/amco Phone : 907.269.0350 Master Checklist: Renewal Liquor License Application Doing Business As: Three Bears License Number: 4118 License Type: Package Store Examiner: Transaction #: 999079 Document Received Completed Notes AB -17: Renewal Application 12/20/18 l -L-{~ App and License Fees 12/20/18 1-i-{ J_[) Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB -25 : Supplier Cert (WS) AB -29 : Waiver of Operation AB-30: Minimum Operation AB-33 : Restaurant Affidavit COi I COC IS Star FP Cards & Fees I AB-08a Late Fee Names on FP Cards: Yes No Selling alcohol in respon se to written order (pa ck age stores)? Mailing address and contact information different than in database (if yes, update database)? In "Good Standing" with CBPL (ski p this and next question for sole proprietor)? Officers and stockholders match CBPL and database (if "No", determine if transfer necessary)? LGB 1 Response : LGB 2 Response: D Waive D Protest D Lapsed D Waive D Protest D Lap sed [Master Checklist: Renewal] (rev 09/20/2018) Page 1 ofl 102 What is this form? Alaska Alcoholic Beverage Control Board Package Store License Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol .licensing@alaska.gov https://www.commerce .alaska .gov/web/amco Phone: 907.269.0350 Form AB-17b: 2019/2020 Renewal License Application This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing package store liquor license that will expire on December 31, 2018. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received , per AS 04 .11.270 and 3 AAC 304.105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main office, along with all other required documents and fees, before any renewal license application will be considered complete. Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees that an application will be considered complete, or that a license will be renewed. Section 1 -Establishment and Contact Information Enter information for the business seeking to have its license renewed. If any populated information is incorrect, please contact AMCO. Licensee: Three Bears Alaska, Inc. License#: 4118 license Type: Package Store Statute: AS 04.11.150 Doing Business As: Three Bears Premises Address: 10575 Kenai Spur Hwy Local Governing Body: City of Kenai (Kenai Peninsula Borough) Community Council: None Mailing Address: 44S-N. ?1 -\-\: ""'~--~J? . -S-'c.<2-. \S City: (.;)a_,~: c.Q G._ I State: l A-k I ZIP: 1 9?~~3 Enter information for the individual who will be designated as the primary point of contact regarding this application . This individual must be a licensee who is required to be listed in and authorized to si gn this application. Contact Email: k ~· C.C> ./"\ Optional: If you wish for AMCO staff to communicate with individual who is not a licensee named on this form (eg: legal counsel) about this application and other matters pertaining to the license, please provide that person's contact information in the fields below. Name of Contact: \. -r ' Contact Phone: _JC> <A.""-\. t-C\...) 6 ...s --\:-~ "'-0 Contact Email: [Form AB-17b] (rev 09/17/2018) AMCO DEC .2 0 2018 Page 1 of4 103 /---·~ .. ~ ·~ AMCO Alaska Alcoholic Beverage Control Board '}q,._,,./ Form AB-17b: 2019/2020 Package Store Renewal License Application Section 2 -Entity or Community Ownership Information Thi s top subsection must be comp leted by any licensee that is a corporatio n or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Bus iness & Professional Licensing (CBPL). This number is neither your EIN/tax ID number, nor your business licen se number. You may view your entity's status or find your CBPL entity number by vising the following site: https:ljwww.commerce.alaska.gov/cbp/main/search/entities General partnerships and local governments should skip to the second half of this page . Licensees who directly hold a license as an individual or individuals should ski p to Section 3. I Alaska CBPL Entity #: You must ensure that you are able to certify the following statement before signing your initials in the box to the right: I certify that this entity is in good standing w ith CBPL and that all current entity officials and stakeholders (listed below) are also currently and accurately listed with CBPL. This subsection must be completed by any community or entity, i nclud ing a corporation, limited liability company, partnership, or limited partnersh ip, that is app lying for renewal. If more space is needed, please attach additional completed copies of this page. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the applicant is a limited liability organization, the following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest o/ 10% or more, and for each general partner. Important Note: The information provided in the below fields (includi ng spelling of names, specific titles, and percentages held) must match that which is listed with CBPL. If one individual holds multi ple titles menti oned in the bullets above, all titles must be listed for that individual on this applicafon and with CBPL. Failure t o list all required titles constitutes an incomplete application. Title(s): Mailing Address: City: Name of Official: Title(s): Mailing Address: City: Name of Official : Title(s): Mailing Address: City: [F orm AB-17b) (rev 09/17 /2018) License 114118 DBA Three Bears Phone : c~. State: r.Q State: AMCO DEC 2 0 2018 .'-f.J11 %Owned: ,,_ t--:r- g k ZIP: 7' ?'c; d-3 %Owned: N'A k ZIP: 9? f:-86 %Owned: NA k ZIP: Page 2 of4 104 /.-,, ... . ·~ •,AMCO 1 Alaska Alcoholic Beverage Control Board ~.,.,# Form AB-17b: 2019/2020 Package Store Renewal License Application Section 2 -Entity or Community Ownership Information Th is top subsection must be completed by any licensee that is a corporation or LLC. Corporations and LLCs are required to be in good standing w ith the Alaska Division of Corporations, Business & Professional Licensing {CBPL). This number is n either your EI N/tax ID number, nor your business license number. You may view your entity's status or find your CBPL entity number by vising the following site: https://www.commerce.alaska.gov/cbp/main/search/entities General partnerships and local governments should skip to the second half of this page . Licen se es who directly hold a license as an individual or individuals should skip to Section 3. I Alaska CBPL Entity#: You must ensure that you are able to certify the following statement before signing your initials in the box to the right: I cert ify that this entity is in good stand i ng with CBPL and that all current entity officials and stakehol d ers {listed below) are also currently and accurately lis ted with CBPL. Thi s subsection must be completed by any co mmunity or entity, including a corporation, limited liability company, partnership, or limited partnersh ip, that is applying for renewal. If more space is needed, please attach additional completed copies of this page . • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the applicant is a limited liability organization. the following information must be completed for each member with an ownership interest of 10% or m ore, and for each manager. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 10% or more , and for each general partner. Important Note: The information provided in the below fields (includ ing spe ll ing of names, specific titles, and percentages held) must match that which is listed with CBPL. If one individual holds multip le titles mentioned in the bullets above, all titles must be listed for that individual on this application and with CBP L. Failure to list all required titles constitutes an incomplete appl ication. Title(s): Mailing Address: City: Name of Official: Title(s): Mailing Address: City: Name of Official: Title(s): Mailing Address: City: [Form AB-17b] (rev 09/17/2018) License #4118 OBA Three Bears State: I Phone: I I State: I DEC 2 0 2018 II %Owned: tJA ZIP: 'f?"~_? LLL.. %Owned: ZIP: I %Owned: I I ZIP: I Page2of4 105 ,,.,. .... ~ I ,~ AMCO Alaska Alcoholic Beverage Control Board ,.,.,P Form AB-17b: 2019/2020 Package Store Renewal License Application Section 3 -Sole Proprietor Ownership Information Th is section must be comp leted by any licensee who directly holds the license as an individual or multiple individuals and is applying for license renewal. If more space is needed, please attach a separate sheet that includes all of the requi re d information. Entities should ski p to Section 4. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: D applicant D affiliate (spouse) Name: I Contact Phone: I Mailing Address: City: j State: I I ZIP: I Email: This individual is an: 0 app licant D affiliate (spouse) Name: I Contact Phone: I Mailing Address: City: j State: I I ZIP: I Email: Section 4 -Alcohol Server Education Read the line below, and then sign your initials in the box to the right of the statement: I certify that all licensees, agents, and employees who se l l or serve alcoholic beverages or check identification of a patron have comp leted an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed p remises during all working hours, as set forth i n AS 04.21 .025 and 3 AAC 304.4 Section 5 -License Operation Check a single box for each calendar year that best describes how this liquor license was operated: The license was regularly operated continuously throughout each year. The licen se was regularly operated during a specific seaso n each year. The license was only operated to meet the minimum r equirement of 240 total hours each calendar year. If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checklist, and all necessary documentation must be provided with this application. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both of the ca lendar years . If th is box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated for at least the minimum requirement, unless a complete copy of the form (including fees) has already been submitted for that year. [Form AB-17b] (rev 09/17 /2018) License #4118 OBA Three Bears AMCO DEC 2 0 20t8 2017 2018 ~0 DD DD DD Page3of4 106 Alaska Alcoholic Beverage Control Board Form AB-17b: 2019/2020 Package Store Renewal License Application Section 6 -Written Orders Written orders in calendar years 2019 and 2020: Do you intend to sell alcoholic beverages an d shi p them to another location in response to written solicitation in calendar years 2019 and/or 2020? Section 7 -Violations and Convictions Applicant violations and convictions in calendar years 2017 and 2018: Have any notices of violation (NOVs) been issued to this licensee in the calendar yea r s 2017 or 2018? Has any person or entity named in this app lication been convicted of a violation of Title 04, of 3 AAC 304, or a local ordinance ad opted under AS 04.21.010 in the calendar years 2017 o r 2018? Yes Yes If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 8 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been listed on this application, and that in accordance with AS 04 .11.450, no one other than the licensee(s) has a direct or indirect financial inter est in the licen sed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not cha nge d the business name or the ownership (including officers, managers, genera l partners, or stakeh olde rs) from what is currently ap proved and on file with the Alcoholic Beverage Control (ABC) Board . No No I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or ITT any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issue ~ ignature of Notary Publ c Notary Public in and for the State of /J11c,, ~ l°'-- My commission expires : _ __....~'-"}_.;i---'-J.._7+/_{).:;._:1-__ Subscribed and sworn t o before me this -2.Qday o f ~/Ju,_-:r.x,__ ______ __,, 20_}2_. Yes No Seasonal License? D ~ If "Yes", write your six-month operating period:------------ License Fee: I $ 1500.00 I Application Fee: I $ 300.00 I TOTAL: $1800.00 Miscellaneous Fees: GRAND TOTAL (if different than TOTAL): rAa n1~IA AN_N NELSON ---. ---, .. [Form AB-17b] (rev 09/17/2018) State of Alaska Pag1 4of4 License #4118 DBA Three Bears AMCO My Commiaelon Expfree August 22, 2022 DEC .2 0 20f8 107 Division of Corporations, Business and Professional Licensing Page I of 3 Department of Commerce, Community, and Economic Development CORPORAT IONS, BU SIN ES S & P RO F ESS I O N AL LICENSING State of Alaska I Commerce I Corporations, Business, and Professional Licensing I Search & Database Download I Corporations I Entity Details ENTITY DETAILS Name(s) Type Name Legal Name Three Bears Alaska , Inc. Previous Legal Name L & J ENTERPRISES , IN C. Entity Type: Business Corporation Entity #: 24136D Status : Good Standing AK Formed Date : 5/19/1981 Duration/Expiration : Perpetual Home State : ALASKA Next Biennial Report Due : 1/2/2019 File Biennial Rep o rt Entity Mailing Address: 445 N. PITTMAN ROAD , SUITE B, WASILLA, AK 99623 Entity Physical Address : 445 N. PITTMAN ROAD , SUITE B, WASILLA , AK 99623 Registered Agent Agent Name : JOAN TRAVOSTINO Registered Mailing Address : 1031 W4TH AVE STE 600 , ANCHORAGE , AK 99501 Registered Physic al Address : 1031W4TH AVE STE 600, ANCHORAGE , AK 99501 Officials DShow Former AK Entity # Name BV Portfolio, LLC David Weisz Titles Shareholder Director, President, Shareholder https :/ /www.cornmerce.alaska.gov/cbp/main/Search/Entity Detail/2413 6D Owned 5.22 9.77 12/28/2018 108 Division of Corporations, Business and Professional Licensing Page 2of3 AK E ntity # Name Titles Owned Paul Sonnenberg Director, Vice President Rachel Sanford A s sistant Secretary , T reas urer, Vice President Robin Watkins-Holbert Sharehold er 7 .52 St e phen D. Mie rop Secretary , V ic e Pres ide nt Three Bears Investment Group , Sharehol der 72.56 LLC Filed Documents Date Filed Type Fi ling Certificate 5/19/1981 Creation Fi ling Click to View 11 /2 1/1986 Biennial Report 11/21/1988 Biennial Report 11 /0 1/1990 Biennial Report 12/1 7 /1992 Biennial Report Click to View 12/12/1 994 Biennial Re po rt Click to View 12/19/1996 Biennial Report Click to View 12/15/1 998 Biennial Report Click to View 11 /17/20 00 Bi ennial Report Click to View 6/06/200 3 Election or Resolution to Dissolve Click to View 6/16/2003 Biennial Report Click to View 1/07/2005 Bi ennial Re port C lick to View 6/29/2005 Re stated (NO AMENDMENT) C lick to View Click to View 9/26/2005 Cha nge of Officials Click to View 10/06/2005 Amendment Click to View Click to View 212712007 Change of Officials Click to View 5/09/2007 Agent C hange Click to View 5/09/2007 Biennial Report Click to View 12/15/2008 Biennial Report C lick to View 1/31/2011 Bienn ial Report Cli ck to View 12/19/2012 Certificate of Compliance Click to V iew 12/27/2012 Biennial Report Click to View 12/3112013 Certificate of Compliance C lick to View 3/03/2014 Change of Officials Click to View 3/20/2014 Certificate of Compliance C li ck to View 12/23 /2014 Change of Officials Cl ick to View https ://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/24136D 12/28/2018 109 Division of Corporations, Business and Professional Licensing Page 3of3 Date Filed Type Filing Certificate 12/31/201 4 Biennial Report C lick to V iew 6/04/2015 Certificate of Compliance Click to View 8/06/2015 Certificate of Compliance Click to View 10/23/2015 Change of Officials C li ck to V iew 4/13/2016 Certificate of Compliance Click to V iew 6/17/2016 Certificate of Complia nce Click to View 9/16/2016 Certificat e of Compliance Click to View 12/30/2016 Biennial Report Click to View 1/27/2017 Certificate of Compliance Click to View 3/08/2017 Change of Officials Click to View 10/02/2017 Agent Change Cl ick to V iew 10/16/2017 Certificate of Compliance Cl ick to View 11/13/2017 Change of Officials Click to View COPYRIGHT © STATE OF ALASKA· DEPARTMENT OF COMMERCE. COMMUNITY. AND ECONOMIC DEVELOPMENT · EMAIL THE WEBMASTER https ://www.commerce.alaska .gov/cbp/main/Search/EntityDetail/24136D 12/28/2018 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 1/4/2019 Ms. Jamie Heinz City of Kenai Kenai City Hall 210 Fidalgo Ave. Kenai, AK 99611 RE: Non-Objection of Application Dear Ms. Heinz, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/TS Encl. cc: steve@threebearsalaska.com; jheinz@kenai.city; JRodgers@kpb.us Licensee/Applicant : Three Bears Alaska Inc Business Name : Three Bears License Type : Package Store License Location : 10575 Kenai Spur Hwy, City of Kenai License No. : 4118 Application Type : License Renewal 110 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 4, 2019 SUBJECT: New Retail Marijuana Store The Alcoholic & Marijuana Control Office has sent notification that the following applicant has requested a new Retail Marijuana Store License: Applicant: KRC, LLC Owner: Clint Pickarsky D/B/A: Kenai River Cannabis 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 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 111 112 "Vt1/a3e with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-7535 I FAX: 907-283-3014 MEMORANDUM TO: FROM : DATE : RE : Dav id Ross, Po lice Chief Terry Eubank , Finance Department Scott Bloom , Legal Department Willie Anderson , Lands Management El iza beth Appleby, City Planner Jamie Heinz, City Clerk December 6, 2018 Retail Mariju ana ~ ~€.../ tzad -CIJ '1111.' 1992 The Alcoholi c & Marijuana Control Office has sent notification that the following applicant has reque sted a new license : Applicant: Ow ners: D/B/A: KRC , LLC Cl int Pickarsky Ke nai River Cannab is Pursuant to KMC 2.40.010 , It is determined to be in the public inte rest that holders of or applican ts for lice nse s issued by the Alcoholic Be verage Control Bo ard 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. Please review records mainta ined by your department (i.e. w ater and sewer billi ngs , lease/property payment histo r y, citations , etc.) by the above reference applica nt and advise if obligations ha ve been met. Mark the appropriate box below. If obligations have not been met, attach information to th is memorandum indicating what obligations are outst and ing and how the obligations can be cured . Please let me kno w if you have any questions. T hanks. 1. Police Departme nt "A :g.. I nitials 8 1 have revi ewed all reco rd s for my department and the applicant is cu rren t on obligations or obligations do n ot exist 0 The ap£!fj\nt has outstanding obligations and an additional page has bee n attached 2;..f!pance :..f-!:7--initials ~ I have r eviewed all records for my department and the applicant is current on obllgat1ons or ob ligations do no t exlst. 0 The aJ!l;nt has outstanding oblfgation s and an additiona l page has been attached . 3. Legal i nitials 6 1 have reviewed all records for my department and th e appl ica nt is c urrent on obhgahons or obhgatlons do not exist 0 The applicant has outstanding obligations and an additional page has been attach ed. 4~ds Management ~itials ~ I have reviewed all r ecords for my department and the applica nt ts c urrent on obligations or obligations do not exi sL Llhe applicant has out=:"ing obliga tions and an additional page has been attached. 5. Planning and Zoning ~ initials ~ I have reviewed all records for my department and the applican t Is c urrent on obligations or obligations do not exist. ~e a pplicant has outstanding 0 ~1tgati7 s and an add itional page has been attached . Returned to Clerk's office / d--/ 17 / l} Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 6, 2018 City of Kenai Attn: Jamie Heinz VIA Email: jheinz@kenai.city Kenai Peninsula Borough Attn: Borough Clerk Via Email: tshassetz@kpb.us; jblankenship@kpb.us; micheleturner@kpb.us License Number: 17808 License Type: Retail Marijuana Store Licensee: KRC LLC Doing Business As: KENAI RIVER CANNABIS Physical Address: 14429 Kenai Spur Highway Kenai, AK 99611 Designated Licensee: Clint Pickarsky Phone Number: 907-953-1985 Email Address: kenairivercannabis@yahoo.com ☒ New Application ☐ Transfer of Ownership Application AMCO has received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under 3 AAC 306.025(d)(2). To protest the approval of this application(s) 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 306.010, 3 AAC 306.080, and 3 AAC 306.250 provide that the board will deny an application for a new license if the board finds that the license is prohibited under AS 17.38 as a result of an ordinance or election conducted under AS 17.38 and 3 AAC 306.200, or when a local government protests an application on the grounds that the proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the marijuana establishment, unless the local government has approved a variance from the local ordinance. This application will be in front of the Marijuana Control Board at our December 20-21, 2018 meeting. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov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laska Marijuana Control Board Alcohol & Marijuana Control Office 550 W 7th Avenue , Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https:/Jwww.commerce.alaska.gov/web/amco Phone: 907.269.0350 Cover Sheet for Marijuana Establishment Applications What is this form? This cover sheet must be completed and submitted any time a document, payment, or other marijuana establishment application item is emailed, mailed , or hand-delivered to AMCO's main office. Section 1 -Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: KRC LLC I License Number: 117808 License Type: Retail Marijuana Store Doing Business As: KENAI RIVER CANNABIS Physical Address: 14429 Kenai Spur Highway City: Kenai I State: Designated Clint Pickarsky Licensee: Email Address: kenairivercannabis@yahoo.com Section 2 -Attached Items List all documents, payments, and other items that are being submitted along with this page . Attached Items: Form MJ-01: Marijuana Establishment Operati ng Plan OFFICE USE ONLY Received Date: Payment Submitted YIN : I AK I Zip Code: I 99611 MAY 3 1 2018 /· ALC OHOL ~.!ARIJUA NA CONTRO L OFFICE STATE OF /\L,~SK /\ 116 Alaska Marijuana Control Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marjjuana .licensing@alaska .gov https :Uwww.commerce .alaska .gov/web/amco Phone: 907.2 69.0350 Form MJ-01: Marijuana Establishment Operating Plan What is this form? An operating plan is required for all marijuana establishment license applications. Applicants should review Title 17 .38 of Alaska Statutes and Chapter 306 of the Alaska Administrative Code. This form will be used to document how an applicant i ntends to meet the requirements of those statutes and regu lations. If your business has a formal operating plan, you may include a copy of that operating plan with your application, but all fields of this form must still be completed per 3 AAC 306.020(c). What must be covered in an operating plan? Applicants must identify how the proposed premises will comply with applicable statutes and regulations regarding the following: • Control plan for person s under the age of 21 • Security • Business records • Inventory tracking of all marijuana and marijuana product on the premises • Employee qualification and training • Health and safety standards • Transportation and delivery of marijuana and marijuana products • Signage and advertising Applicants must also complete the corresponding operating plan supplemental forms (Form MJ-03, Form MJ-04, Form MJ-05, or Form MJ-06) to meet the additional operating plan requirements for each license type. Section 1 -Establishment & Contact Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: License Type: Doing Business As: Premises Address: City: Mailing Address: City: Designated Licensee: Main Phone: Email: [Form MJ-01) (rev 12/01/2017) KRC LLC j MJ license #: j 17808 Retail Marijuana Store KENAI RIVER CANNABIS 14429 Kenai Spur Highway Kenai j State: j Alaska j ZIP: j99611 P 0Box1016 Soldotna I State: j Alaska j ZIP: j 99611 Clint Pickarsky 907 -953-1985 Cell Phone: 907 -953-1985 kenairivercannabis@yahoo.com ALCOHO L MARrJ ~lli L OFF ICE STATE OF ALA:;KA 117 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan Section 2 -Control Plan for Per sons Under the Age of 21 2.1 . Describe how the marijuana establishment will prevent persons under the age of 21 from gaining access to any portion of the licensed premises and marijuana items: Kenai River Cannabis will refuse to sell marijuana or marijuana products to any person under the age of 21. Signs will be posted at each entry of the facility and the on doors to the Restricted Access area stating "No one under 21 years of age allowed". The signs will be no less than 12 inches long and 12 inches wide with letters at least 1/2 inches ta ll. Upon entry to the retail store , a valid form of photo ID will be shown to an employee of Kenai River Cannabis in accordance with 3AAC 306 .350. Entry will be denied if a person fails to show ID, or ID appears to be tampered with or altered, or the photo is questionable, or the ID is illegible. Section 3 -Security Restricted Access Areas (3 AAC 306.710): 3 .1. Describe how you will prevent unescorted members of the public from entering restricted access areas: Entrance to each restricted access area will be clearly marked with a sign stating "Restricted Access Area. Visitors must be escorted ." All restricted access areas and premise areas will be secured against unauthorized entry by locked doors and locked cabinets. Premise doors will be commercial grade security lock doors. Interior doors for packaging and office will be solid core wood doors with entry lock latch. In addition, the facility will be equipped with surveillance equipment that will monitor the facility including the restricted access area. 3.2. Describe your record keeping and processes for admitting visitors into and escorting them through restricted access areas: Visitors must be 21 years age or older and present a valid photo ID. They will be required to sign a visitor's log which includes date and time of entry/exit into the restricted area with the employees authorizing entry initialing next to the visitor's name. They must wear a visitor's badge, and be escorted at all times by the licensee, employee, or agent of the business during their visit. No more than 5 visitors will be allowed in the restricted area at one time . [Form MJ-01) (rev 12/01/2017) License# 17808 r -~--=i.=u \:I J.i;;:.J l,., f ll [ MAY 3 1 201a ALCOHOL ~~ARlf~UOANA COIJTROt OFFICE • t FAtASl\A I 118 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan 3.3. Provide samples of licensee-produced identification badges that will be displayed by each licensee, employee, or agent while on the premises, and of visitor identification badges that will be worn by all visitors while in restricted access areas: SEE ATTACHED . Security Alarm Systems and Lock Standards (3 AAC 306.715): 3.4 . Exterior lighting is required to facilitate surveillance. Describe how the exterior lighting will meet this requi rement: Exterior lighting will be positioned against the building and perimeter, and evenly distributed on the building . The li ght fixtures, will keep the outdoor premises, signs, doors, and windows well lit and allow the exterior surveillance camera to record ind ividuals up to twenty feet from all the entry points . [Form MJ-01) (rev 12/01/2017) License# 17808 ALCOHOL rAARIJUANI\ cornr.uL OF FICE STAT~ OF .~L~~KA MJ-01 Operating Plan Page 3, Section 3.3 LICENSE #17808 VISITOR BADGE EMPLOYEE BADGE Clint Pickarsky Owner MHP# 13758 LICENSE #17808 LICENSE#17808 Received by AMCO 11/30/18 119 120 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan 3.5. An alarm system is required for all license types that must be activated on all exteri or doors and windows when the licensed premises is closed for business. Describe the security alarm syst em for t he proposed premises, explain how it will meet all regulatory requirements, and outline your policies and procedures r egarding the actions to be taken by a licensee, employee, or agent when the alarm system alerts of an unauthorized breach: Kenai Alarm , ADT, or equivalent system will monitor all exterior doors and w indows. Any breach of the premise will result in notification of authorized phone number(s) and/or local law enforcement authorities. Kenai Alarm, ADT, or equivalent will provide 24 hour alarm surveillance except during normal business hours . 3.6. Describe your policies and procedures for preventing diversion of marijuana or marijuana product, including by employees: The facility will be equipped with 24 hour surveillance of all customers and employees. All marijuana products will be monitored through the State approved Metre system wh ich tracks marijuana from seed to sale. If a theft is discovered , immediate termination of employment and notification to local law enforcement may be a result. 3.7. Describe your policies and procedures for preventing loitering : A "No Loitering" sign will be placed at the mai n entrance of the building . Employees will frequently make rounds checking to see if there are any individuals loitering on the premise. If so , the employee will ask the person to leave if they are not doing any business with Kenai River Cannabis. You mu st be able to certify the statem ent below . Read the following and then sign your i nitia ls in the box t o the right: Initials (Fonn MJ-01) (rev 12/01/2017) License# 17808 121 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan Video Surveillance (3 AAC 306.720): You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box : 3.9. The video surveillance and camera recording system for the licensed premises covers each restricted access area, and both the interior and exterior of each entrance to the facility. 3.10. Each video surveillance recording: is preserved for a minimum of 40 days, in a format that can be easily accessed for viewing (consistent with the Alcohol & Marijuana Control Office's approved format list); clearly and accurately displays the time and date; and ls archived in a format that does not permit alteration of the recorded image. 3.11. The surveillance room or area is clearly defined on the Form MJ-02: Premises Diagram that is submitted with this application. 3.12. Surveillance recording equipment and video surveillance records are housed in a designated, locked, and secure area or in a lock box, cabinet, closet or other secure area where access is limited to the licensee(s), an authorized employee, and law enforcement personnel (including an agent of the Marijuana Control Board). 3.13. Describe how the video cameras will be placed to produce a clear view adequate to iden · premises, or within 20 feet of each entrance to the licensed premises : Initials 24-hour video surveillance cameras will be placed so that there will be coverage within 20 feet of all entrances and exits of premise area . All doors, safes, checkout counters, and restricted areas will have 24 hour video coverage that will clearly identify the individuals present. 3.14. Describe the locked and secure area where video surveillance recording equipment and original copies of surveillance records will be housed and stored, and how you will ensure the area is accessible only to authorized personnel, law enforcement, or an agent of the Marijuana Control Board. If you will be using an offsite monitoring service and offsite storage of video surveillance records, your response must include how the offsite facility will meet these security requirements: All video surveillance recording equipment will be stored in a locked cabinet in the office within the restricted access area which will only be accessible by authorized personnel, law enforcement, or AMCO agent. Recorded data will be stored for a minimum of forty (40) days in a secure locked cabinet. [Form MJ-01) (rev 12/01/2017) License# 17808 . ----... -.....__~ ~~©@:0\§@:lQ) ~y 3120181 ALC OHOL MAfllj LI AN:. co:;;F;()l OFFICE STA1 E OF! I !$11 A Page5of11 122 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan Section 4 -Business Records Review the requirements und er 3 AAC 306. 755 . All licensed marijuana establishments understood by a reasonably prudent business person, certain business records . a. all books and records necessary to fully account for each business transaction conducted under my license for the current year and three preceding calendar years (records for th e last six months must be maintained on the licen sed premises; older records may be archived on or off-premises); b. a current employee list setting out the full name and marijuana handler permit number of each licensee, employee, and agent who works at the marijuana establishment; c. the business contact information for vendors that maintain video surveillance systems and sec urity alarm systems for the licensed premises; d. records related to advertising and marketing; e. a current diagram of the licensed premises, including each restricted access area; f . a log recording the name, and date and time of entry of each visitor permitted into a restricted access area; g. all records normally retained for tax purposes; h. accurate and comprehensive inventory tracking records that account for all marijuana inventor y activity from seed or Immature plant stage until the retail marijuana or retail marijuana product is so ld to a consumer, to another marijuana establishment, or destroyed; i. transportation records for marijuana and marijuana product, as required by 3 AAC 306.7SO(f); and j . registration and inspection reports of scales registered under the Weights and Measures Act, as required by 3 AAC 306.745 . Initials 4 .2. A marijuana establishment is required to exercise due diligence in preserving and maintaining all required records. Describe how you will prevent records and data, including electronically maintained records, from being lost or destroyed: Business records will be stored at the facility for 6 months from date of creation and then moved offsite to storage . All business records and electronic bank records will be backed up to an external hard drive and stored offsite. Additiona l backups will be stored on local hard drives and company computers. Only ownership and management will have access to business records. [Form MJ-01) (rev 12/01/2017) License# 17808 ~rg©f§owtfilQf-1 fMA v 3 1 2018 I : ALCOHO L MARfJUANA COllTRJ L OFFICE . STATE OF /,I J.!~K A Pag e 6of11 123 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan Section 5 -Inventory Tracking of All Marijuana and Marijuana Product Review the requirements under 3 AAC 306.730. All licensed marijuana establishments must use a marijuana inventory tracking system capable of sharing information with Metre to ensure all marijuana cultivated and sold in the state, and each marijuana product processed and sold in the state, is identified and tracked from the time the marijuana is propagated from seed or cutting, through transfer to another licensed marijuana establishment, or use in manufacturing a marijuana product, to a completed sale of marijuana or marijuana product, or disposal of the harvest batch of marijuana or production lot of marijuana product. You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box : 5 .1 . My marijuana establishment will be using Metre, and if any other tracking software is used, it will be capable of sharing information with Metre. 5.2. All marijuana delivered to a marijuana establishment will be weighed on a scale registered in compliance with 3 AAC 306.745. 5.3 . My marijuana establishment will use registered scales in compliance with AS 45. 75.080 (Weights and Measures Act), as required by 3 AAC 306.745. Section 6 -Employee Qualification and Training Initials Rev iew the requirements under 3 AAC 306. 700. A marijuana establishment and each licensee, employee, or agent of the marijuana establishment who sells, cultivates, manufactures, tests, or transports marijuana or a marijuana product, or who checks the identification of a consumer or visitor, must obtain a marijuana handler permit from the board before being licensed or beginning employment at a marijuana establishment. You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box: 6.1. Each licensee, employee, or agent of the marijuana establishment who sells, cultivates, manufactures, tests, or transports marijuana or marijuana product, or who checks the identification of a consumer or visitor, shall obtain a marijuana handler permit from the board before being licensed or beginning employment at the marijuana establishment. 6 .2. Each licensee, employee, or agent who is required to have a marijuana handler permit shall keep that person's marijuana handler permit card in that person's immediate possession (or a valid copy on file on the licensed premises) when on the licensed premises . 6.3. Each licensee, employee, or agent who is required to have a marijuana handler permit shall ensure that that person's marijuana handler permit card is valid and has not expired. Initials 6.4. Describe any in-house training that will be provided to employees and agents (apart from a marijuana handler course): In addition to the marijuana handler's course, employees will be provided on-the-job training including to pics such as checking for proper ID, retail store procedures, Metre training thru State website , a larm system, security and safety procedures. [Form MJ-01} (rev 12/01/2017) License# 17808 Page 7of11 124 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan Section 7 -Health and Safety Standards Review the requirements under 3 AAC 306.735 . You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box: 7.1. I understand that a marijuana establishment is subject to inspection by the local fire department, building inspector, or code enforcement officer to confirm that health or safety concerns are not present. 7.2 . I have policies regarding health and safety standards (including: ensuring a person with an illness or infection does not come into contact with marijuana or marijuana product; good hygienic practices; cleaning and maintenance of equipment and the premises; pest deterrence; chemical storage; sanitation principles; and proper handling of marijuana and marijuana product) and will take all reasonable measures and precautions to ensure that they are met or exceeded. 7 .3. I have policies to ensure that any marijuana or marijuana product that has been stored beyond its usable life, or was stored improperly, is not salvaged and returned to the marketplace. 7 .4. I have policies to ensure that in the event information about the age or storage conditions of marijuana or marijuana product is unreliable, the marijuana or marijuana product will be handled in accordance with 3 AAC 306.735(d). Initials An swer "Ye s" or "No" to each of the following questions: Yes No 7 .5. Adequate and readily accessible toilet facilities t hat are maintained and in good repair and sanitary condition [2J D are clearly indicated on my Form MJ-02: Premises Diagram. 7.6. Convenient handwashing facilities with running water at a suitable temperature are clearly indicated on my [{] D Form MJ-02: Premises Diagram. 7.7. If you answered "No" to either 7.5 or 7.6 above, describe how toilet and/or handwashing facilities are made accessible, as required by 3 AAC 306.735(b)(2): Section 8 -Transportation and Delivery of Marijuana and Marijuana Products Review the requirements under 3 AAC 306.750. 8.1. Describe how marijuana or marijuana p roduct will be prepared, packaged, and secured for shipment. Include a description of the type of locked, safe, and secure storage compartments to be used in vehicles transporting marijuana or marijuana product: All products transported will be logged on a Trip Manifest. Trip manifest will be filed and stored at the facility for six months and off-site after that. The trip manifest includes the strain name, type of product, batch number of product, amount/weight of product, the name of the tEm~~ departure and expected delivery, ant the make , model, and license plate numb r o e:'tf:a~~gYtl_@ D vehicle . Marijuana flower and products will be in a sealed package/container ( pt 5 IP,~ach) in a locked storage compartment within the vehicle. No products will be directly visi le j The trrlp T 2 J Manifest will be on board with the transporter at all times. ALCO HU 111~;11 JUJ\f',\ co irr:::.iL 0 FICE STATE OF ,;_,'.!' [Fo rm MJ-01) (rev 12/01/2017) License# 17808 Page8of 11 125 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box : 8 .2. The marijuana establishment from which a shipment of marijuana or marijuana product originates will ensure that any individual transporting marijuana shall have a marijuana handl er permit required under 3 AAC 306 .700 . 8 .3 . The marijuana establishment that originates the transport of any marijuana or marijuana product will use the marijuana inventory tracking system to record the type, amount, and weight of marijuana or marijuana product bei ng transported, the name of the transporter, the time of departure and expected delivery, and the make, model, and license p late number of the transporting vehicle . 8.4. The marijuana establishment that originates the transport of any marijuana or marijuana product will ensure that a complete printed transport manifest on a form prescribed by the board must be kept with the marijuana o r mar ijuana product at all times during transport. 8 .5. During transport, any marijuana or marijuana product will be i n a sealed package or container in a locked, safe, and secure storage compartment in the vehicle transporting the marijuana or marijuana product, and the sealed package will not be opened during transport. 8 .6 . Any vehicle transporting marijuana or marijuana product will travel directly from the shipping marijuana establishment to the receiving marijuana establishment, and will not make any unnecessary stops in between except to deliver or pick up marijuana or marijuana product at any other licensed marijuana establishment. 8.7. When the marijuana establishment receives marijuana or marijuana product from another license d marijuana establishment, the recipient of the shipment will use the marijuana inventory tracking system to report the type, amount, and weight of marijuana or marijuana product received. 8.8. The marijuana establishment will refuse to accept any shipment of marijuana or marijuana product that is not aaompanled by the ......... man ... t. a, ~d / Section 9 -Signage and Advertising .__/ Init ials 9.1. Describe any signs that you intend to post on your establishment with your busi ness name, including quantity, dimensio ns, graphi cs, and location on your establishment (photos or drawings may be attached): There wi ll be a total of th ree sig ns le ss than 4800 square inch e s. One sign that w ill be located on the front of the building w ill display the company name Kenai River Cannabis. It will be 48 00 square inches. The other two signs will be posted on the sign post in the front of the facility and will have KRC LLC o n each side le ss than 4 800 square inches. No sign will have any type of enticing advertising t o chi ldren . Pictures of the sign s are attached. ~~©~O~~IQ) !:": I MAY 3 1 2018 ,~.p I Al f'n :1, , .,., ~· ~ .-·- I ,,.._I •-· I 'VL VO ICE --oa ...__ Form MJ-01 rev 12/01 2017 ]( I License# 17808 Pa e9otll g 126 SIGN DESIGN FOR FRONT OF FACILITY WILL BE 4800 SQUARE INCHES . 'l(enai <Rjver Canna6is .. Fst 2018 THIS WILL BE A DOUBLE SIDED SIGN IN THE FRONT OF THE FACILITY . IT WILL SMALLER THAN 4800 SQUARE INCHES. LICENSE #17808 127 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan 9.2. Describe any advertising you intend to distribute of your establishment. Include medium types and business logos (photos or drawings may be attached): Business cards and merchandise such as caps, cups, shirts, hats, etc. Logos will be similar to the sign designs and label designs. 1 d eclare under penalty of unsworn falsification that this form, including all accompanying schedules and statements, is true, correct, and complete. Notary Public Cl;~~e;j~~~e;~ .· Printed name of licensee SHA~%~~~ N tary Public in and or the State of Alaska My Commission Expires April 1 o. J I J r.-..:-----....:--..:..-_;.:.~~ommission expires: 4 0 /-:;).;;>_ Subscribed and sworn to before me this ~ day ot -.;rY/._"--L ..... r=--r.====----'' -20JX_. --!X1~[;' T\17[§'.fB [Form MJ-01) (rev 12/01/2017) License# 17808 MAY J ra2oi0t 1 ALCOH OL MARIJUANA COIHflO L OFFICE STAl E OF /,f.,'.SK A 128 Alaska Marijuana Control Board Form MJ-01: Marijuana Establishment Operating Plan (Additional Space as Needed): [Form MJ-01) (rev 12/01/2017) License# 17808 . ·h~©@:O VJ~[Q) ~ --. I I 'IHI j l \:1~11 )fll' I " ~ r ~ IALCOHU L l~A RIJUANA 1,,01H L:>L OFFICE STATE QF AL: ;.KA 129 What is this form? Alaska Marijuana Contr ol Board Alcohol & Marijua na Co ntrol Office 550 W 7lh Avenue, Suite 1600 Anchorage, AK 99501 marijuana.li censing@alaska.go v https:/lwww.comm erce.alaska.govlweblamco Phone: 907.269.0350 Cover Sheet for Marijuana Establishment Applications This cover sheet 1lll!fil be completed and submitted any time a document, payment, or other marijuana establishment application item is emailed , mailed, or hand-delivered to AMCO 's main office . Section 1 -Establishment Information Enter information for the business seeking to be licensed, as identified on the license application . Licensee: KRC LLC I License Number: j 17808 License Type: Retail Marijuana Store Doing Business As: KENAI RIVER CANNABIS Physical Address: 14429 Kenai Spur Highway City: Kenai j state: IAK Designated Clint Pickarsky Licensee : Email Address: kenairivercannabis@yahoo.com Section 2 -Attached Items List all documents, payments, and other items that are being submitted along with this page. Attached Items: Form MJ-02 : Premises Diagram OFFICE USE ONLY Received Date : Payment Submitted YIN : Transaction#: I Zip Code: 1 99611 AL COHUL r A"IJUANA COllTfiO L OFF ICE STATE QF' AL/SKA 130 Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 marijuana .licensing@alaska .gov https://www.co mmerce.alaska .gov/web/amco Phone : 907.269.0350 Alaska Marijuana Control Board Form MJ-02: Premises Diagram What is this form? A detailed diagram of the proposed licensed premises is required for all marijuana establishment license applications, per 3 AAC 306.020{b)(8). All areas designated as the licensed premises of a single license must be contiguous. What must be submitted with this form? Applicants must attach multiple diagrams to this form, including (as applicable): • Diagram 1: a d iagram showing only the licensed premises areas that will be ready to be operational at the time of your preliminary inspection and license issuance; • Diagram 2: if different than Diagram 1, a diagram outlining all areas for which the licensee has legal right of possession (a valid lease or deed), and clearly showing those areas' relationship to the current proposed licensed premises (details of any planned expansion areas do not need to be included; a complete copy of Form MJ-14 : Licensed Premises Diagram Change must be submitted and approved before any planned expansion area may be added to the licensed premises); • Diagram 3: a site plan or as-built of the entire lot, showing all structures on the property and clearly indicating which area(s) will be part of the licensed premises; • Diagram 4: an aerial photo of the entire lot and surrounding lots, showing a view of the entire property and surrounding properties, and clearly indicating which area(s) will be part of the licensed premises (this can be obtained from sources like Google Earth); and • Diagram 5: a diagram of the entire building in which the licensed premises is located, clearly distinguishing the licensed premises from unlicensed areas and/or premises of other licenses within the bui lding . If your proposed licensed premises is located within a building or building complex that contains multiple business and/or tenants, please provide the addresses and/or suite numbers of the other businesses and/or tenants (a separate diagram is not required for an establishment that is designating the entire building as a single licensed premises). This form, and all necessary diagrams that meet the requirements on Page 2 of this form, must be completed and submitted to AMCO's main office before any new or transfer license application will be considered complete. Section 1 -Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: KRC LLC j MJ License #: j 17808 License Type: Retail Marijuana Store Doing Business As: KENAI RIVER CANNABIS ·-Premises Address: 14429 Kenai Spur Highway in~~r:o~~[Q) City: Kenai J State: J Alaska 11 ZIPiAf i ~9i6::\J1 R I I' I __J I I [Form MJ-02) (rev 01/10/2018) ·---.. v-'siAttoi=' }epge :fo'f~ ''" 131 Alaska Marijuana Control Board Form MJ-02: Premises Diagram Section 2 -Required Information For your security, do not include locations of security cameras, motion detectors, panic buttons, and other security devices. The following details must be included in all diagrams: [] License number and OBA 0 Legend or key [] Color coding [] Dimensions [] Labels [] True north arrow The following additional details must be included in Diagram 1: 0 Surveillance room [] Restricted access areas [] Storage areas [] Entrances, exits, and windows [] Walls, partitions, and counters [] Any other areas that must be labeled for specific license types The following additional details must be included in Diagram 2: [] Areas of ingress and egress [] Entrances and exits [] Walls and partitions The following additional details must be included in Diagrams 3 and 4: [] Areas of ingress and egress 0 Cross streets and points of reference The following additional details must be included in Diagram 5 : 0 Areas of ingress and egress 0 Entrances and exits 0 Walls and partitions 0 Cross streets and points of reference Notary Public SHAUNTEALA GRAHAM State of Alaska My Commission Expires April 10, 2 y commission exp i res : _lf-"-+i-'/_o_/_j.--'~'---- / I Subscribed and sworn to before me this ;)1day of /;1a1-vf . 20 /J. or (R1~©~1\J~[Q) I [Form MJ-02) (rev 01/10/2018) License# 17808 ~ '81 21\l !d I AlCUHou A r J'1N~co. T ~LO FF rce / STATE "Atftf:. A 132 > r- C") g .- ; ' I I ; ' i - ..-... I :::s:: ' ~ c...) - - I ,_ ~.§) !Ml © UiiiJ = ..---? VICINI TY MAP FOR (ANCHORAGE/ALASKA) r\ ~~ \ ~~~ ~. {# _elf D ~Data: ' .-"'P lfOAL: eusH LANES SUB LOT J & 4 8UC t ADDRESS : 14'28 KlNIJSPUR tfNt CITY .STAT!!: Kt:NAI, ALASKA ZONING'OC LOT SIZE; 14,110 S.F. PROP(RTY ID: 011C1224Z & Q3tol24' Pt.AT KN 1011 MAP OF SITE -SCALE: NTS ~ ~-~/\ve ALP INE AVE '?,. ~~,~ THIS PROJECT t % ~.;.,.. 1;_ (' :7- "" ,~,~ z ~ _, u ~ :3 ::J ,...~ ~ ~~ ~ Q~ ~ti !:" ;:; ,$ " *'~ ; 00 c; : ~ l" ~) E HALF INDICATED SCA<£ FOR 11X17 DRAWINGS ( r- e ""' ...., . ~ ~ / n m ~ ., CODE REVIEW I. cooe: 2009 INTERNATIONAL 8 UllOING COO£ AS ADOPTED EXJT &HALL 81! lll.UMtNAlEOIGRffN UOHT), DO MINI/TE l!JY l'HE CITY OF KENAI Al.ASl(A. KMC 4.05,01S ~ITTRY 1.SCOP'f: All EAATPN IMX DU.O ENO. 20 FT OESCRIP'TlC>N.:ALT!RATX>N OF BUIL.DlNG FORM£ALY USED COMMON PATH: 15 FT AS RETAA.ANDGARAOE INTOUCE.NSEOMARIJUANA RETAIL DtSTANCE TO EXIT WHERE MUI. T'ft.E.! lCIJ FT SALU. EGRUS PATMSHAlL BEIU.U..UNAl?DBV'MTH 1 FOOT- tlL OCCUPANT CLASSlflCATIOH: CANDLE AT ALL TIMES WffHDOMINIJTE &AnERY BACKUP AREA FV~IIOJL occ ..... M 2U $TAjftS.NIA 2.5&9SF M(STORAGE) u ,.. • 2.11 RAMPS:~ .... """""""Y) 1.5 TOTAL: S4..2 XI: ACCESSl8UTY ALUAATIONS REOutRE COMP\.Wa ~H A.CCESStekJTY N. SPECIAL DETAK.ED OCCUf'ANCY R£QUIREMElfn 'MTH IU.GAROTC TOk.Et F~!IlES Q!!INl!CING FOUHT.IJ!fi LICENSED MARUUANA (3 MC JO&) ANO PRllMRY flJNCT10N .4'£R ICCIANSIA117.1•20Dlil V. GENERAL Hl!IOHTS ANO ARU.S BUll.DfNO TO IE RESTR)CTEO ACCESS. OWLY RETAIL SPACE 'MU. H OP(H TO THE PU8UC. 21 VEA.RS Of AOf. WJNIUUM. ADDRESS SDENTIACATION EXISTING SIQNS &"'°'U. BE PERwrntO SEPARATELY XII: IN'lVUOlt ENVIRONMENT e,t.$IC Al1.CIYllABLE (\!OST Rf.STRCTIVE tee T$0)), M UGHTING & TUIPERATUAE IAEP 3STORY114.000 SF ALLOWABLE WITH INCll:EAU AREMTOffY• WA M.'NtlrAUMROOM HEIGHT NOTLUI TH/l.N 7-4" VCCEPTK>N. &TOf<AOE, ftEaTROOMS & tcrTCHlN ACTUAL AREAISTOftY: 1 ITI:>ftV I :uoo SF AREAS PERMITTED MINn•.JM HEIOH'T'~1'.fr iiwtiMUtA W\OTH IN AU. OCCUPtEO AA.US NOT LES& 1')tAN Y \I\. TYPESOF CONS T1'UCTION EXCEPTTOACCESS YEP. r TYPf OF CONSTRUCTIOH ftEOUtRfD. VA UNQCCUP!EO SPACES CRAMSPACf OA ATIIC INOt !~EO Aft~ ~ESllTA~~ M~ Min~ PRIMARY STRUCTURAL FAA~: . ...,.,. ~:NfA LOAC BEARING WALLS : 1-tiOUR CRA..-A. SPACES : NIA. St.AB OH GRAD! FLOOR ASS£M8U£S : 1-ttO\JR ROOF ASS EMBUE.S: 1-t<OVR XXVf'I: PLUMINNG FACl.111£5 OCCUPANT GROUP Cl.ASSIACATIOH (AESTRCTIVE)' t.l (19C1'21D:2.I) VCTlAIOR WALL REOUIRlD IUt.TING (l8C TICl2) OCCUPANCY: .._,,....,, DISTANCE RATING(MOST RESTl,ICTIV() .... 2-+<0UR 5'<X<10' 1-HOUR 1 WATlR DISPENS ER PROVIDED IN R!TAll SPACE 1D'CXc3a 1-tfOU,:t 1 SERV*Ce: !UNI< PROVIDED EXTERIOR Wl\U.$ ARE !XISTWO TO REMAIN \IL '1Rl fttstsTAHCl!Re:OUJltE O I WATER.CLOSET& 1 lAVATORV !XISTINOTOREl.WN 1-ttOUR RATED FIRE RESISTAHTCONSTIU.ICTION P!.R t8C 1IOU ·OC:fPT10H ~-ltUl.DtNG TYPf VA P£llt l9C 'lABlf E01 St.PARA.TE F~llT1U Alt HOT R£0UlRE .. TYPE M YM. .. TEfllOR ANlSHES TAD ti IOU & HU OCCUPANCY WHE RE OCCtJPANT LOAD DOES NOT EXCU.D lCl)PER.SONS . $PttlNKU!R(NO) Cl.ASS CWAWCUJNO FJNt.SHE& AfQUIAED CLA.$1 "FLOOAS COM.PlYINOVWT'lt.OCX: FF-t 'PIU. TEST IX: Ai'!. PlllOTECTlON IYITOA WC !506..': PROVIO£ ltHOX IOX.'"'KEY' 90X SHALL&! OF AN APPROVED TYPE USTf.D JN ACCORDANC f WITH Vl 1037, AN D SHALL CONTAIN KfYS TO a.\IN ACC!!8S AS REOU&REO ev THE COO! Of'FICL'.l..' MOUNT KNOX 90X AT er' A.FO IFCSDJ:ARE APPAAATUS ROAOwmtN 150'0FAU. EXTUk>R Wt.US MEASURED av WA.UCJNO DISTAHCE. tFC: CO) NFPA 13 SPRIHICLEft Rf.OVIRf.D (NO) IFC9Q&.1: PORTA.Bl!. FIRE EXn NGUlSH£RS REQUIRED: EvtAY 1S iFC 907• w.NUAL PVU Ff'l Al.ARM RE QI.HR ED INO} X. M!ANS OF EClllESS ..,...., CO DE REVIEW; 2012 IEBC CORRtOOR \r-1on• .SHAU. NOT ae LEss THAH: 38" DOOllS SHALL NOT PROJfCT MORE TlfAN r INTO WIDTM. CHAPTER s If SC; NO CHA.NOE OF use. M ' ,., TO REMAIN f)UT SONS REQUIRED WHERE MULTIPLE. EXIT AfQUIRED INDEX T-1 lndu. Code R-. _..,. P-01 500 FT Pre.tlm!tf M.lp S0-1 5.ce 0esQn & Perting A.01 Spec's , Oocwtwd Types ..,,,.__ Ail SERtES to BE DETERMlf'ED E SERIES TO ee DE.lfRWNED I I I ' I I I I I I I Determi ne "' 0 "' ,.._ ~ '1t w U) z w (.) ::; (.) -' -' (.) (.) ::l~ (.) L: ct: .E ll:.., f ~ ; g J Q. HWF.DF.DDISPLAYREFER(MJ)MJ DISP L A Y C A S EMJ DISPLAY CASEATMSURVEILLANCEEQUIPMENTSAFESAFEFILESSHELVESSHELVESSHELVESHANGERSA-02SHEET NUMBER:Architectural SetPROJECT TITLE:KRC LLC LICENSE #: 17808ADDRESS: 14429 Kenai-Spur Highway Kenai, AK 99611 prepared for: KRC LLCDetermine AECL1613Drawn: Chris HayesDate:Time:3:27 PM903 W. NORTHERN LTS, BLVD # 206ANCHORAGE, AK 99503Office: (907)339-9100Chris@determinedesign.comCopyright: Determine Design LLC has theexclusive right to reproduce, sell and createderivative works from these drawing.11/19/18NOTE: USE HALF INDICATED SCALE FOR 11X17 DRAWINGSNOTFOR CONSTRUCTION49thSTATEOFALASK A DANIEL H. CLIFT14104NO.Sheet Title:ROOM FINISH AND OCCUPANT LOADDOOR SCHEDULEROOMNUMBERAREA(NET)USEOCCUPANT LOADWALL TYPECL'G TYPEWAINSCOTFLOOR BASEFLOOR SURFACEEXITS /REQUIRED(E): EXISTING REMAINGYP: GYPSUM WALL BOARDRB1: 4" RUBBER BASE, BURKE OR SIMILARP1: LATEX ACRYLIC WASHABLE PAINTMR: FIBER REINFORCED PLASTIC PANELING, 48" HEIGHT MIN.V: SHEET VINYLC: CONCRETE SLABA/C: ACOUSTIC CEILING TILEKEY - SYMBOL - LEGENDFLOOR DRAIN (EXISTING)EXIT LIGHTEXTERIOR EXIT LIGHTFIRE EXTINGUISHER,2A:10BC, MOUNT 48" AFF(MEASURED TO GRIP)KBScale: 1/4"=1'-0"Floor Plan1005'10'EMERGENCY LIGHT, 90 MINUTEBATTERY (GREEN LIGHT INCULTIVATION)KNOX BOX, WALL MOUNT @ 66"AFG (IFC 506.1)POINT OF SALEFloor PlanIHM: INSULATING HOLLOW METALHM: HOLLOW METALWD: SOLID CORE WOODMS: METAL SECURITY DOOR1. DOOR CLOSER2. WEATHERSTRIPPING3. KICK PLATE4. FLOOR BOLT5. DOOR STOP6. SIGN: 'MUST BE 21 OR OLDER'7. SIGN: 'RESTRICTED ACCESS AREA'DOORNUMBERSIZEROOMDOOR TYPEFRAME MATERIALSPECIALCOMMENTFRAME TYPEGLASSHARDWARERATING (MIN.)DOOR TYPE36X80E1011ANONE0WD110110ALICENSED PREMISESL: PASSAGELATCHE: ENTRYLOCK/LATCHB: BATHROOMPRIVACYLOCKC: CLASSROOMLOCK; KEY ONLYOPERATION30'-11"38'-11"19'19'19'-6"RETAIL101OFFICE &PACKAGING102104105RESTROOM108MECH107STORAGE106638RETAIL21.3101285OFFICE &PACKAGING2.9102956ROOM3.2104VAULT1091,287ROOM4.310536ROOMN/A10627MECH.N/A10748RESTROOMN/A1083,672TOTAL32.785 VAULTN/A109310MEZZANINE1200E8'-6"4'-5"5'-11"6'-1"33'-7"KBGYP/P1N/ARB12 PROV/1 REQN/ARB12 PROV/1 REQN/ARB12 PROV/1 REQN/ARB12 PROV/1 REQGYP/P1N/ARB12 PROV/1 REQGYP/P1N/ARB12 PROV/1 REQRB1(E)C 2 PROV/1 REQFRPN/A36X80CULTIVATION A1041AWDNONE03,5,7E104NOTE: UNNUMBERED DOORS ARE EXISTING TO REMAIN,CONFIRM LATCH SET HARDWARE NOTED ON PLANBLLE2,3,5,7NEW INSULATED WALL, R-21 MIN.VAPOR BARRIER ON WARM SIDENEW WALLEXISTING WALLWDWDA101OFFICE & PACKAGING(E) MEZZANINE ABOVE(INCLUDED IN LICENSEDPREMISES AND RESTRICTEDACCESS AREA15'(E)GYP(E)A/C(E)A/C(E)A/C(E)C(E)C(E)C(E)C(E)C(E)C200(E)GYP(E)GYP(E)GYP(E)GYP(E) (E) N/A (E) N/AE.P.(E) OVERHEAD DOOR12'x12'70'-11"48'-7"RESTRICTED ACCESS AREAPOST CARD RACK(NON-MJ)CLOTHING(NON-MJ)CLOTHING(NON-MJ)MJ LIGHT-UPDISPLAY CASE (MJ)ACCESSORIES &EDUCATIONAL(NON-MJ)36 INCH TALL GATE36 INCH TALLGATELOCKING FILE CABINET3'11'11'5'5'GYP/P1GYP/P1GYP/P1GYP/P1COMMERCIAL GRADE,SECURITY LOCK DOORCUSTOMER ENTRANCEPATH TO RESTROOMDUPLEX RECEPTACLE(MOUNT 12" AFF MIN.)EMPLOYEE ONLYENTRANCEWINDOWS, PROTECTEDWITH SECURITY BARSLICENSED PREMISES, NOTRESTRICTEDReceived by AMCO 11/30/18133 134 SPECIF ICATIO NS Ot OEHfftAL REQUHlllMIKB A. PAOltCT K>f.NTIACATION. KRC UC I. 'ftOJtCT IUliUWIY· Tt:NAHT NPROYlMlJ(J. C.DUCRIPTIOHOl'°'°'K.ADO~KAAINGPARTIT10NS TO l!.PARATE ltf.TM. OF'f1C£ Ate> 110fllAOE AJIEAS 0 P!JtWT'S AHO fl[I AAE ntE ltUPONSealT"t OFOME.ft TO PU~M'OCONTIU.CTORTOOIJTAk f .CX>OE.& COUPlY~APPUCAll.f. CQODANOREGULATIOHS OF AUTl10fU11U """"'° JVfUSOICllON. &uetMT COPSES OF l ~PECTlON IUPOJl'TS, NOTIClS ANO SIMILAlt COMMUNICA'TlOH$ TOAJtCHfTECT. ,, OUU.NSIOHS Vf.JUt'V DtM!.NSIOHS INDCATfD ON DRA'MNGS ~ FIELO OIMeNsac>NI IEFORE. FA8R.c.4T10NOR OROERINGOF MATf.ltw..&. Q, EXBTINGCX>tlOITIOHS NOTIFY AltCHm.cT OF EXJS'TING CONDITlONS DIFFUNO AlO.,_ THOU tN!X:ATt.0 OM T'Hf DAAWNGS. DO NOT ltlMCIV!. OR AlTER fTRUCTVRAL COMPOHfHT$ Ofll A U. Wl'n10VT ~ 'MUTTEN APPROVAL FOR PlltMIT H, COOR DIMATtoN 1.COOROINATEWOltKOFALL TilAOU 2, PREPARE CCIOAOl~TION ~AVMGS OFWORKWG AREAS 'MTH ct.Oil TOl.fRANCH l. VEM:tFV l..OCA TIOH OF l11lUTIU A.NO txlST1NO COHOl110NS. LADJUSTMf>IT TO utllHKll.R HEAD.~ J . ADJUITMtHT TO UUROE.NCV Al.AIU&. KIA 02 U:IStlNO COHOmONI r«JT USED) 0, CONCft!T! (NOT UHOI OI WOOO. l"LAI TIC, C0MP0Sms (NOT UHD) DOOtt MU:CW..ltl AU. FINISHU TO If ITMM..ESS. CHAot4. Ott 1110iiiio"""'NCiitL. au DOOfll ICHUIUI..! FOft sPfCIFlc H.UICMWlf.cttl.DUUI ,AMNJSH HAll:DWUl:I! 11!5 HCnS a.I DOOft HAJIDNARfact4'00lf IUT PROOUCT&O# tWWt.sat\AGE. ""· '-= PAISAG( LOCK, OOH NOT LOCK OH lmtER SIOf:, fFTMfA lfVf:lt OH:JltATU LATCHIOlT AT All TillU, l ENTRY LOCJCA.ATCH. L.ATat&OlTOf\I ENTRY llDE. EITHEJl LtVf.lt MEAATU LATCH80t.T EXCf'1'WHlN LOCKED RlOM fOR!SS sa. UX:MO POSITION MAY H. RETHNfO OR MAY ltlSET f.V!.AY E.NTlllY, LATCHeotT IS ONLY OPfRATU>VIA kfY OH ENTRY llDf WHl.f LOCKr:O, fOAfSI SIOf. UVf" ALWA.YS ACT!Vf.. B BATHROOM PANAJ:.Y LOCK, EITHER lE.VEfll OPERATES L.ATCHBOLT UNlUI l.OCKl.D FROM EOMIS llOE, LOCK AUTOtU.TlCAUY fllll.EAIEl 'MTH OPE.RATION OF EGRESS SID! llvtR, UWlOUCY KIY UMt.OCKS \ATCH "tOM ENTRY H>E, fOAE.11 l£VUt AlWAYI AC11V£. DOOlt FRALtfl. KO JD'"-EXTfRIOR.. 11 QA IHSU\.ATED HOUOW MEfA"rii'f'fAi6tt HOU.OWM£TAL.PltOYtO!HOUOWWETAL '1tOMCOlD FOf'MeOIHf.fT STEEL. OAOl AS INote.ATED FOR OOOll ANORl!LIT'! FMW:I. PRE FA.BRICATf PRE.m FOR i' ... JU1NNtfANO~. Tl1~TTO MATCHWftU. Tl-dc;.KNESS . KO OOOA FllAMff Niil ACClPTAIU.. MAHUFollC"T'URE. PER coot llC>R ntf APl'UCAT10N. IV TNf.lY DOORI. lt'-'U8UC, OR ~ lOUAL. ""'N•H PltE-AMIHE.D Ollt AEU> PA»CT UPON lil'f1INAJ.. Of19U&.DN) OMClJt'S REP9'ES£H1'A11VL ~ =~H 9CHUIUlf. FOR I PCCtflC: M:IOY FINISH 10 ~ INOT UUX>f 11 DA'....,.fMOTUSE'Dt U AMNl~(NOTUSIO) d~ WALL TYPE WALL MOTEi: 1, VMltE NOTfO PllCMOE 1-'iOUR ASSEM8lV 'UUll>'11 2. \NHf.Rt HOTEO PROVIOf '2.f10Ufll ASSEllCBlY ~""Ulu.11 A KEY -SYMBOL -LEGEND HCTK:>N CALL-OUT HVOHTAICMA \ KHC>NNPOlllr TAIK.E m.J.t .A(21 _--..UfVATION -..,11.;r-- 1IME AUIONIO TO ,..H MATllMLI OM fltf.e:JO"OUD SIXOf'WAU. fWSH DUC1WtlOlf ,... ....... GYPSU 0 -~ w ~ ... ,. 2LAYERSOIW 2S t LAYO W , l LAYVl 1IT l5 2LAYVtS IQ" 40 TYl'f w " ... .. PORTLAND .aANOP\AITUOH MMONRY POR1l.ANDC!.M£NT.aANOPV.s AON ,,.. ,. ,,.. " ,. .. GYfl'IUMIAHO ~ " ... .. ,,.. .. ,GYPSUM IAHO PlAITU OH M!.TAL LATH JIA" 50 ,,... "' 1· IC De termin e (h'MI: Chri9 Hert• 0.:.. .ctl0it9 Tmnr. 1.13PM ~ r; I --~---~~--~---------~-------'"--~--~-----...Ii {-ul NO \:l3f.'rtt--IH_OICA_T_ED_SCA1. __ E_F_Ofl_11_x_17_DRA __ WINGS _______ .~ - .______. l:; ·------- KEN AI SPU R HWY ALLE Y LILACLNSD-1SHEET NUMBER:Architectural SetPROJECT TITLE:KRC LLC LICENSE #: 17808ADDRESS: 14429 Kenai-Spur Highway Kenai, AK 99611 prepared for: KRC LLCDetermine AECL1613Drawn: Chris HayesDate:Time:3:27 PM903 W. NORTHERN LTS, BLVD # 206ANCHORAGE, AK 99503Office: (907)339-9100Chris@determinedesign.comCopyright: Determine Design LLC has theexclusive right to reproduce, sell and createderivative works from these drawing.11/19/18NOTE: USE HALF INDICATED SCALE FOR 11X17 DRAWINGSNOTFOR CONSTRUCTION49thSTATEOFALASK A DANIEL H. CLIFT14104NO.Sheet Title:PARKING REQUIRED:2,589 SF RETAIL STORAGE = 1.3WAREHOUSE (1/2000)638 SF RETAIL = 2.1RETAIL (1/300)730 SF OFFICE/ACC. = 1.8MANUFACTURE (1/500)TOTAL REQUIRED = 5.2PROVIDED: 6ZONING: GENERAL COMMERCIALScale: 1"=20'-0"Parking Facility Layout, Circulation, & Design Plan10020'40'KMC 14 CODE REVIEW - DETAILSSite Design & ParkingSite Data:LEGAL: BUSH LANES SUB LOT 3 &4 BLK 1ADDRESS: 14429 KENAI SPUR HWYCITY, STATE: KENAI, ALASKAZONING: GCLOT SIZE: 14,810 S.F.PROPERTY ID: 03902242 & 03902240PLAT: KN 101875'75'20'120'(E) CANOPY31'-9"23'(E) BUILDING120'(E)GR A V E L (E) NATURALVEGETATION(E)PAVEMENTLINE(E)SIGN POST61(E)4 FT CANOPY10 F T S E T B A C K 5' 5'8'50'72'30'40'30' 30'UNDEVELOPED LOTSUNDEVELOPED LOTSUND E V E L O P E D L O T SLICENSED PREMISES (BUILDING)PROPERTYCUSTOMERENTRANCEEMPLOYEE ONLYENTRANCEReceived by AMCO 11/30/18135 136 NO PROTECTED USES WITHIN 500 FT RADIUS CH I .. '''.'1 KRC LLC I I \ I I \ ~ ------500'---1k r- I-- ~ (fl 6 ~I ?1 ~\ \ I I \ I l l __ ,L L ., ... LICENSE #: 17808 \ \ \ \ \ ~ I I \ ALPINEl\VE ~ % ~ ~ _J -5-~ I GENERAL COMMERCIAL P!IOJ<CT Tm.E; KRC LLC prepared for: KRC LLC Determine DE SIGN LL C AECL1613 r :1 Sh eet Title: 500 FT Prox imity Map Determine ADDRESS: 14429 Kenai Spur Hwy Kenai, AK 99611 NOTE: U SE HALF INDICATED SCALE FOR 8.5X 11 DRAWINGS $Hf[T NUMBER: 137 Goo gl Maps * FACILITY LOCATION : 14429 KENAI-SPUR HWY KENAI , AK 99611 138 What is this form? Alaska Marijuana Control Board Alcohol & Marijuana Control Office 550 W 7111 Avenue , Suite 1600 Anchorage, AK 99501 marij uana.licensing@alaska.gov https:/lwww.commerce.alaska.govlweb/amco Phone: 907.269.0350 Cover Sheet for Marijuana Establishment Applications This cover sheet must be completed and submitted any time a document, payment, or other marijuana establishment application item is emailed , mailed , or hand-delivered to AMCO's main office . .....,......,.,_,..,,:.>......._..'-1<.J ........ '""'"""""'"''""""''""'""""l.I 111 page w!ll be returned in the manner In which they were received. Section 1 -Establishment Information Enter information for the business seeking to be licensed , as identified on the license application. Licensee: KRC LLC I License Number: 117808 License Type: Retail Marijuana Store Doing Business As: KENAI RIVER CANNABIS Physical Address: 14429 Kenai Spur Highway City: Kenai I State: I AK I Zip Code: 199611 Designated Clint Pickarsky Licensee: Email Address : kenairivercannabis@yahoo.com Section 2 -Attached Items List all documents, payments, and other items that are being submitted along with this page . Attached Items: Form MJ-03: Retail Marijuana Store -Operating Plan Supplemental OFFICE USE ONLY Received Date: Payment Submitted YIN : Transaction p: 139 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marjjuana.l1censing@alaska.gov https://www.commerce.alaska .gov/web/amco Alaska Marijuana Control Board Phone: 907 .269.0350 Operating Plan Supplemental Form MJ-03: Retail Marijuana Store What is this form? This operating plan supplemental form is required for all applicants seeking a retail marijuana store license and must accompany Form MJ-01: Marijuana Establishment Operating Plan, per 3 AAC 306.020(b)(ll). Applicants should review Chapter 306: Article 3 of the Alaska Administrative Code. This form will be used to document how an applicant intends to m eet the requirements of the statutes and regulations . If your bu siness has a formal operating plan, you may include a copy of that operating p lan with your application, but all fields of this form must still be completed per 3 AAC 306.020 and 3 AAC 306.315(2). What additional information is required for retail stores? Applicants must identify how the proposed establishment will comply with applicable regulations regarding the following: • Pr ohibitions • Signage and advertising • Displays and sales • Exit packaging and labeling • Security • Waste disposal Thi s form must be completed and submitted to AMCO's main office before any new or transfer applicat ion for a retail marijuana store license will be considered complete. Section 1 -Establishment Information f Enter in ormation f h b . k" ort e usmess see mg to b r d 'd "fi d e 1cense , as t ent1 te h r r on t e 1cense app 1cat1on . Licensee: KRC LLC j MJ license #: j 17808 License Type: Retail Marijuana Store Doing Business As: KENAI RIVER CANNABIS Premises Address: 14429 Kenai Spur Highway City: Kenai I State: I Alaska I ZIP: 199611 [Form MJ-03) (rev 11/07/2017) 140 Alaska Marijuana Control Board Form MJ-03: Retail Marijuana Store Operating Plan Supplemental Section 2 -Overview of Operations 2.1 . Provide an overview of your proposed facility's operations. Include information regard ing the intake and flow of marijuana and marijuana product at your premises, and a description of what a standard customer visit to your establishment would entail: Kenai River Cannabis will be a retail store providing marijuana products to our customers, as well as KRC merchandise (shirts, cups, etc.), and other accessories to use with their marijuana products. Marijuana products will be received via trip manifest from marijuana cultivators and product manufacturing facilities . Upon delivery, marijuana products will be immediately entered in the Metre system in accordance with 3ACC 306.330. When a customer enters the facility, they will be greeted and identification checked. Marijuana products will be in the locked display cases for customers to view . When the customer is ready to purchase, the products will be scanned into the Metre POS cash registers to record the sale of the marijuana products . Section 3 -Prohibitions Review the requirements under 3 AAC 306.310. 3.1 . Describe how you will ensure that the retail marijuana store will not sell, give, distribute, or deliver marijuana or marijuana product to a person who is under the influence of an alcoholic beverage, inhalant, or controlled substance: A sign will be will be displayed stating the Kenai River Cannabis will not sell marijuana products to any person under the influence of alcohol or other drugs. All Kenai River Cannabis employees and managers will be trained to recognize and detect in toxicated customers. If an employee suspects a customer of being impaired , the employee will refuse service , and then ask the person to leave the facility, and have the customer escorted out of the facility if needed. Local law enforcement may be contacted if necessary. 3 .2. I certify that the retail marijuana store will not: a. sell, give, distri bute, deliver, or offer to sell, give, distribute, or deliver marijuana or marijuana R quantity exceeding the limit set out in 3 AAC 306.355; b. sell, give, distribute, deliver, or offer to sell, give, distribute, or deliver marijuana or marijuana product over the internet; c. offer or deliver to a consumer, as a marketing promotion or for any other reason, free marijuana or marijuana product, including a sample; d. offer or deliver to a consumer, as a marketing promotion or for any other reason, alcoholic beverages, free or for compensation ; or e. allow a person to consume marijuana or a marijuana product on the licensed premises. An swer "Yes " o r "No" to the following question: Initials Yes No 3.3. Do you plan to '••••" futu'e app,oval of the M"li••n• Cont<ol Bo"d to pumlt <on,.mptlon bf njl,ijuana' ~ L Fil l or marijuana product in a designated area on the proposed premises? [Fonn MJ-03) (rev 11/07/2017) License# 17808 Page 2 of , ..iFFJCE 141 Alaska Marijuana Control Board Form MJ-03: Retail Marijuana Store Operating Plan Supplemental Section 4 -Signage and Advertising 4.1. I understand and agree to follow the limitations regarding the number, placement, and size of signs on my proposed establishment, set forth in 3 AAC 306.360(a). 4.2. The retail marijuana store will not use giveaway coupons as promotional materials, or conduct promotional activities such as games or competitions to encourage the sale of marijuana or marijuana products. 4.3. All advertising for marijuana or marijuana product will contain the warnings required under 3 AAC 306.360(e). 4.4. I understand and agree to post, in a conspicuous location visible to customers, the notification signs required under 3 AAC 306.365. 4.5. I certify that no advertisement for marijuana or marijuana product will contain any statement or illustration that: a. is false or misleading; b. promotes excessive consumption; c. represents that the use of marijuana has curative or therapeutic effects; d . depicts a person under the age of 21 consuming marijuana; or e. includes an object or character, including a toy, a cartoon character, or any other depiction designed to appeal to a child or other person under the age of 21, that promotes consumption of marijuana. 4 .6. I certify that no advertisement for marijuana or marijuana product will be placed: a. within 1,000 feet of the perimeter of any child-centered facility, including a school, childcare facility, or other facility providing services to children, a playground or recreation center, a public park, a library, or a game arcade that is open to persons under the age of 21; b. on or in a public transit vehicle or public transit shelter; c. on or in a publicly owned or operated property; d. within 1,000 feet of a substance abuse or treatment facility; or e. on a campus for postsecondary education . Section 5 -Displays and Sales 5.1. Describe how marijuana and marijuana products at the retail marijuana store will be displa ed and sold: All marijuana products will be displayed in locking display cases, cabinets, and refrigerators in the restricted area away from customers and only accessible by employees of Kenai River Cannabis. All concentrates and edibles will be prepackaged and labeled and displayed in locked glass cases or in the refrigerator in the restricted area. Marijuana flower will be sold in pre-packaged labeled containers and stored in the restricted area. License# 17808 [Form MJ-03) (rev 11/07/2017) MAY 3 I 2018 .l OFFICE I Alaska Marijuana Control Board Form MJ-03: Retail Marijuana Store Operating Plan Supplemental [Form MJ-03] (rev 11/07/2017) Page 4 of 6 License #___________________ Review the requirements under 3 AAC 306.345. 6.1. Describe how the retail marijuana store will ensure that marijuana and marijuana products sold on its licensed premises will meet the packaging and labeling requirements set forth in 3 AAC 306.345(a): 6.2. Provide a sample label that the retail marijuana store will use to meet the labeling requirements set forth in 3 AAC 306.345(b): Section 6 – Exit Packaging and Labeling Before a product is sold by Kenai River Cannabis, a label will be affixed to the product which will 1) identify the retail marijuana store by name or logo and marijuana license number, 2) provide total estimated amount of THC, 3) contains each of the following statements: "Marijuana has intoxicating effects and may be habit forming and addictive. Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or machinery under its influence. There are health risks associated with consumption of marijuana. For use only by adults twenty-one and older. Keep out of the reach of children. Marijuana should not be used by women who are pregnant or breast feeding." The product will be packaged in an opaque, resalable, child-resistant packaging when the purchaser leaves the retail area. 17808 See Attached. Received by AMCO 11/30/18 142 143 r--0 m z "' m ~ ...... ..... co 0 co l~ In i= I I I I I I , I I I I I o~ I I Q l t::f I •• I I I I I • I I I I I -o I o ' Sold by: Kenai River Ca nnabis Retail Lie IJ. • Cultl\•ator Har\'CSl Dale: 7 --i---. Content C.Ji if,1tloi=Tlc //. ~Ue robe test-___ -=_-=_.Pesticides-used . _____ Fung lclde s_.=-_.=-_::-_::-ncrbael dcs ____ _ Han-est Batch # Marijuana ha s Intoxicating effects and may be habit forming and addictive . Marijuana impairs concentration, coordination, and judgement. Do not operate a vehicle or machinery under its influence. There are health risks associated with consumption of marijuana . For use only by adults twenty-one and older. Keep o ut of the reach of children. Marijuana should not be used by women who are pregnant or brea st feeding. Received by AMCO 11/30/18 144 145 Alaska Marijuana Control Board Form MJ-03: Retail Marijuana Store Operating Plan Supplemental (Additional Space as Needed): [Form MJ-03) (rev 11/07 /2017) License# 17808 !R3l§~~DW~lQ) =·· I MAY 3 I 2018 I A~C OHCL MAf" 'J/1Nt. ccr Tl:J L -Fl '• Si!, .. E 01= AU S!(A ~ Page 6 of 6 144 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 December 10, 2018 Sent via email: jheinz@kenai.city City of Kenai Kenai City Hall RE: New Application for Retail Marijuana Store Business Name : Kenai River Cannabis License Location : Kenai/14429 Kenai Spur Hwy License No. : 17808 Dear Ms. Heinz, 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: kenairivercannabis@yahoo.com 146 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3048-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 5.25, MOBILE FOOD VENDORS, TO REVISE APPLICATION REQUIREMENTS, LICENSE TERMS, AND BUSINESS CONDUCT REQUIREMENTS AND MAKE OTHER HOUSEKEEPING AMENDMENTS. WHEREAS, the City of Kenai began issuing Mobile Food Vendor Licenses in 1978; and, WHEREAS, since the regulations were adopted, the State of Alaska has amended its regulations governing Mobile Food Vendors, compelling changes to Kenai Municipal Code; and, WHEREAS, it is also prudent to amend certain application requirements to require less private information for security purposes; and, WHEREAS, simplifying the license term will make it easier for owners of the mobile food vending units to ensure they are properly licensed; and WHEREAS, appeals to the Board of Adjustment are not provided for with other licenses the City Clerk issues, nor has an appeal ever been brought for a Mobile Food Vendor License and, because the reasons for granting a license and revocation are objective such as tax compliance or valid insurance policies, an appeal process is not necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 5.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.010 – Definitions, is hereby amended as follows: 5.25.010 Definitions. (a) “Mobile food vending unit” means any type of vehicle, [OR] wagon, or trailer, which is designed to be readily movable and from which any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property, within the boundaries of the City. (b) “Operate” means to engage in the business or to conduct the designated business as owner of the business; or as an owner to employ, induce, or otherwise procure another person to operate or conduct the business. (c) “Owner” means all persons having a proprietary interest in the business requiring a license[; OR IN THE CASE OF A CORPORATION, “OWNER” MEANS ALL PERSONS HOLDING MORE THAN THIRTY PERCENT (30%) OF THE VOTING STOCK OF THE CORPORATION]. 147 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. Amendment of Section 5.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.020 – Application for license, is hereby amended as follows: 5.25.020 Application for license. (a) Applications for a mobile food vending unit license shall be made in writing to the City Clerk on forms prescribed and furnished by the Clerk. (b) Applications shall contain the following information: (1) The full name of the applicant; [(2) THE APPLICANT’S SOCIAL SECURITY NUMBER;] [(3)](2) The mailing, residential, and business addresses of the applicant; [(4)](3) The date of the application; [(5)](4) The nature and a description of the food vending unit business or activity to be conducted; [(6)] (5) The type of vehicle, license number, and registration number of the vehicle used as said unit; [(7)] (6) The Kenai Peninsula Borough sales tax registration number of the applicant. (c) With the application, the applicant shall also furnish: (1) [THE ORIGINAL INSPECTION REPORT TO BE COPIED BY THE CLERK, ISSUED TO THE APPLICANT/OWNER BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH AND SANITATION, STATE OF ALASKA;] Copy of current valid permit issued by the Alaska Department of Environmental Conservation, Division of Environmental Health; (2) The [FEE FOR THE CITY LICENSE AS PRESCRIBED HEREIN] Mobile Food Vending fee as provided in the fee schedule; (3) The legible signature of the applicant/owner or person authorized to sign on behalf of the applicant/owner; (4) An affirmation or oath, as may be required by the Clerk, that the information and statements made in connection with the application are true, correct, and complete; (5) Certification by the Kenai Peninsula Borough Finance Department in a tax compliance certificate (provided in application materials) that the owner(s) is current in the payment of any tax to the City of Kenai and the Kenai Peninsula Borough; [(5)](6) A certificate of insurance indicating that the applicant’s operation of a mobile food vending unit is covered by liability insurance as follows: Personal Injury (each occurrence) $100,000 Aggregate Products (each occurrence) $300,000 Property Damage (each occurrence) $50,000 (d) Said insurance policy or policies shall provide for not less than thirty (30) days’ written notice to the City Clerk of cancellation or expiration or substantial change in policy conditions and coverage. Section 3. Amendment of Section 5.25.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.050 – License fee and term, is hereby amended as follows: 148 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 5.25.050 License fee and term. For issuance of a license, an applicant shall pay an annual fee as set forth in the City’s schedule of fees adopted by the City Council. The license shall expire one (1) year from its issuance. [THE CLERK MAY ISSUE A LICENSE WHICH SHALL EXPIRE WITHIN A SHORTER DURATION OF TIME AND THE FEE THEREFOR SHALL BE PROPORTIONATELY REDUCED.] All non-profit organizations shall be exempt from paying the license fee. Said organizations making application should present proof sufficient to the Clerk of its non-profit status. Section 4. Amendment of Section 5.25.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.070 – Appeal, is hereby repealed in its entirety: 5.25.070 [APPEAL.] Repealed [(A) ANY APPLICANT OR LICENSEE DESIRING TO APPEAL FROM THE DECISION OF THE CLERK IN RESTRICTING OR REVOKING ANY LICENSE PROVIDED FOR BY THIS CHAPTER SHALL WITHIN TEN (10) DAYS FROM THE RECEIPT OF A WRITTEN DECISION, AS PROVIDED BY KMC 5.25.060, FURNISH THE CITY MANAGER A WRITTEN NOTICE OF APPEAL, STATING THE ORDER OR DECISION FROM WHICH THE APPEAL IS TAKEN. THE CITY MANAGER, UPON RECEIPT OF SUCH NOTICE OF APPEAL, SHALL SET THE DATE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL. THE CITY MANAGER SHALL, UPON SETTING THE DATE OF THE PUBLIC HEARING BEFORE THE CITY COUNCIL, NOTIFY THE APPELLANT AND THE CLERK OF THE TIME AND PLACE OF SUCH HEARING. (B) THE NOTICE OF THE TIME AND PLACE OF HEARING SHALL BE GIVEN WITHIN TEN (10) DAYS FROM THE DATE OF THE HEARING AND NOT LESS THAN THREE (3) DAYS PRIOR TO THE HEARING. (C) AFTER PUBLIC HEARING HEREINBEFORE REQUIRED, THE CITY COUNCIL SHALL HAVE THE POWER TO MODIFY, REVOKE, RESCIND, OR AFFIRM THE DECISION OF THE CLERK FROM WHICH THE APPEAL IS TAKEN, OR MAY ENTER ITS OWN DECISION AS MAY BE JUSTIFIED UNDER THE CIRCUMSTANCES.] Section 5. Amendment of Section 5.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.080 – Conduct of business, is hereby amended as follows: 5.25.080 Conduct of business. (a) A mobile food vendor may not operate from a location on a public street, alley, or right- of-way for a period of time in excess of one (1) hour, unless the operator acquires written permission from the [CHIEF OF POLICE] City Clerk to operate for a longer period of designated time to provide service to the public [ATTENDING A SPORTING OR RECREATIONAL EVENT]. (b) Notwithstanding the provisions of subsection (a) above, mobile food vendor may not operate on a public street, alley, or right-of-way where such operation would interfere with the normal flow of traffic, cause of safety hazard to pedestrians, or where the stopping or standing of the food vendor’s vehicle would violate State or local traffic regulations, or any other regulations required by Title 13 of the Alaska Administrative Code, entitled “Public Safety.” (c) The mobile food service may not be operated in front of or immediately adjacent to any established business offering the same or similar commodities upon a fixed location. 149 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (d) No person may operate as a mobile food vendor within the boundaries of a City park unless such operation [IS PERMITTED UNDER ORDINANCE OR OTHER LAWFUL AUTHORITY] has been approved by the City Clerk in writing. (e) No person may operate as a mobile food vendor in a way that interferes with other businesses, through excessive noise, odor, or other nuisances. (f) The mobile food vendor must provide for the collection and removal of all waste from the site at the end of each day of operation. (g) The mobile food vendor must operate in compliance with the regulations found in the City’s Sign Code. (h) The mobile food vendor must post in a conspicuous place, able to be observed by the general public, both the permit issued from the Alaska Department of Environmental Conservation and the mobile food vendor license issued by the City of Kenai. 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. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: January 16, 2019 Enacted: February 6, 2019 Effective: March 8, 2019 150 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 8, 2019 SUBJECT: Ordinance No. 3048-2018 – Mobile Food Vendor Amendments The code enacting mobile food vending licensing was developed in 1978 and has remained relatively unchanged since enactment. Given changes over the years in state licensing and identity security it is prudent to update the regulations for the City’s mobile food vending licensing. This ordinance proposes some amendments to the application requirements consistent with the state licensing and requires less private information for security purposes. In addition, this ordinance simplifies the license term to provide for an annual license term and removes the option for a shorter duration which creates duplicate work when the vendor wants to extend operation and expiration dates that need to be tracked. We find these to be an inconvenience to the vendors. At the next meeting it is my intention to bring forth a resolution, to coincide with enactment of this ordinance, to amend the fee schedule for Mobile Food Vending Licensure from $120 per year to $50 per year which is consistent with the fee in Soldotna. Finally, after consultation with the Attorney, we have removed the appeal process because licensure is objective. A license would be revoked for reasons such as lapse in insurance coverage or expired permit from the State of Alaska, Department of Environmental Conservation and these are not reasons subject to opinion that it would be appropriate to appeal. Your consideration is appreciated. 151 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3049-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS CAPITAL PROJECT FUND FOR TENANT REQUESTED IMPROVEMENTS TO THE AUTOMATED FLIGHT SERVICE STATION. WHEREAS, the City of Kenai had a planned Capital Improvement Project for the Automated Flight Service Station Renovations Phase 3; and, WHEREAS, the Federal Aviation Administration (FAA) as tenant, has requested modifications to the original scope of work to improve the services they provide, primarily related to their training facilities; and, WHEREAS, the requested modifications were included within the bid documents released in a formal Invitation to Bid on November 16, 2018, with Bids received on December 14, 2018; and, WHEREAS, Polar North Construction LLC was the lowest responsive bidder at $182,315.00; and, WHEREAS, the estimated additional cost of the requested modifications totals $43,972.26, and the Public Works Department is coordinating with the FAA to receive funds in this amount from the FAA to contribute to the project for its completion; and, WHEREAS, without the additional funding from the FAA the City will not be able to award the project as there is insufficient funds to do so without the additional contribution. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: Airport Improvements Capital Project Fund: Increase Estimated Revenues – Miscellaneous Income $43,972.26 Increase Appropriations – Construction $43,972.26 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. 152 Ordinance No. 3049-2019 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk _______ Finance Introduced: January 16, 2019 Enacted: February 6, 2019 Effective: February 6, 2019 153 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin – Public Works Director DATE: January 9, 2019 SUBJECT: Ordinance No. 3049-2019 The purpose of this memo is to recommend passage of Ordinance No. 3049-2018 requesting an increase to the estimated revenue and appropriations in the Airport Improvements Capital Project Fund in the amount of $43,972.26, for the completion of the Automated Flight Service Station (AFSS) Renovations Phase 3 project. The Public Works Department, in coordination with the Federal Aviation Administration (FAA) as tenant, has incorporated some facility modification requests into the current scope of work for the Phase 3 renovation project. The modifications were primarily focused on expanding existing training room space to accommodate a greater number of students. The City released a formal Invitation to Bid on November 16, 2018 with bids due on December 14, 2018. Five bids were received and Polar North Construction LLC was found to be the lowest responsive bidder at $182,315.00. The estimated costs of the FAA’s requested modifications total $43,972.26, and the Public Works Department is coordinating with the FAA for the City to receive a contribution from the FAA in that amount. As portions of the Federal Government are currently shutdown the timing of this contribution is unknown at this time. The FAA has communicated its strong desire and preference to see this work completed. Thank you for your consideration. 154 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: January 8, 2019 SUBJECT: Action Approval for Schilling Alaska, Inc. – Special Use Permit for Snow Storage ____________________________________________________________________________ Schilling Alaska, Inc. obtained a special use permit for snow storage on 7,500 square feet of City property from January 4, 2018 to May 4, 2018 and from November 1, 2018 to December 31, 2018. The property being used by Schilling is located on the corner of Spur View Drive and Frontage Road, as shown on the attached Exhibit A. Schilling Alaska, Inc. would like to again use this area to store snow from the Uptown Motel and Louie’s Steak & Seafood for six months from January 17, 2019 to May 17, 2019 and from November 1, 2019 to December 31, 2019. The 2018 permit fee was $450 for the six-month period. This was calculated based on fair market value and an estimate of $1.50/square foot multiplied by eight percent. The staff report for the 2018 permit noted the City should not provide areas for snow storage at a reduced rate compared with other private businesses offering a similar type of service. City Administration does not think it is necessary to change the fee from 2018, and recommends a 2019 permit fee of $450 for the six-month period. If Schilling Alaska, Inc. wishes to use the space in 2020, City Administration will again review the permit fee to ensure it is in accordance with the rates of other private businesses offering snow storage. If City Council approves, City Administration would execute the special use permit attached to this memorandum. Thank you for your consideration. 155 SPUR NO. 4 & REPLATNO. 6 U.S.S. 192DAUBENSPECK PROPERTY SPUR SUBD. SENIOR CITIZEN ADDN. RYAN'S CREEK REPLATALEYESKA PART THREESPRUCEWOOD GLEN R/W NA ME CHA NGED BY RES SN91-01 NO. 7 TR. C 4 D3 1 3A 2-C 2-D 1-C 2-A 2-B 1-3A1 2-3A2 1080110801108214710880 10959361 2202201081910819381 170416 2 2 5108211088010959 4122 3 5415 129 193412 2 3 5415 193 4162 2 5 129 170 SENIOR CT FR O N T A G E R D SP U R VIE W D R WEST TERN AVEFRONTAGE RDB RID G E A C C E S S R D S P U R V I E W D R . 160 ' Date: 1/8/2019 The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 1 inch equals 125 feet T5N R11W SEC 5 SEWARD MERIDIAN KN PORTION OF GOVT LOT 5 LYING NORTH OF FAA TRACT PER SPUR SUB SENIOR CITIZEN ADDN& LYING SOU TH OF FRONTAGE RD 7 LYING WEST OF DAUBENSPECK PROPERTY SUB TRACT C & LYING EAST OF SPUR VIEW DR SnowStorageArea Exhibit A 156 157 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants to SCHILLING ALASKA, INC. (PERMITTEE) the non-exclusive right to use 7,500 square feet of area as described below: T5N R11W SEC 5 SEWARD MERIDIAN KN PORTION OF GOVT LOT 5 LYING NORTH OF FAA TRACT PER SPUR SUB SENIOR CITIZEN ADON & LYING SOUTH OF FRONTAGE RD 7 LYING WEST OF DAUBENSPECK PROPERTY SUB TRACT C & LYING EAST OF SPUR VIEW DR and as further shown in the attached Exhibit A 1. TERM . This special use permit shall be for approximately 6 months from January 17, 2019 to May 19, 2019, and from November 1, 2019 to December 31, 2019. 2. PERMIT FEES. The Permittee shall be charged a permit fee of $450.00 plus applicable sales tax. The Permittee shall pay the City the permit fee on or before January 17, 2019. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611 on or before the first of each month. In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: A Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; B. All necessary licenses and permits; all lawful taxes and assessments which , during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax levying body, upon any taxable possessory right which Permittee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date. D. Costs and expenses incident to this Special Use Permit, including but not limited to recording costs. 3. USE. The use by the Permittee of the Premises is limited to the purpose of Snow Storage. This use is subject to City, Borough, and State laws and regulations and the reasonable Special Use Permit -Schilling Alaska, Inc . -2019 Snow Storage Page 1 of 7 158 administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities . Use of the Premises is subject to the following conditions: A. Permittee shall use the Premises only for snow storage. B. Snow must be stored in a manner that will not limit sight lines or create other unsafe driving conditions on adjacent right-of-ways . C. The premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris that remains after the snow has melted in the spring. Failure to do so will result in Permittee being ineligible for future Special Use Permits for snow storage. 0 . Snow must be stored in a manner that will not impact any City snow clearing or moving activities. 4. INSURANCE. Permittee shall secure and keep in force adequate insurance , as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits . If Permittee's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits . A. Garage Liability or Commercial General Liability Insurance, including Premises , all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1 ,000,000 combined single limit. The policy must name the City as an additional insured . B. Worker's Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23 .30.045. Permittee is further responsible to provide Worker's Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C . Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence . This insurance must cover all owned , hired , and non-owned motor vehicles the Permittee uses for snow moving and storage activities to, from, or on the Premises . The policy must name the City as an additional insured. 0 . All insurance required must meet the following additional requirements : i. All policies will be by a company/corporation currently rated "A-" or better by AM . Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates , endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. Special Use Permit -Schilling Alaska, Inc. -2019 Snow Storage Page 2 of 7 159 iii. Permittee shall request a wa iver of subrogation against City from Permittee 's insurer and the waiver of subrogat ion , where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by January 17 , 2019 . The effective date of the insurance shall be no later than January 17, 2019 . vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained . 5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully indemnify, hold harmless , and defend the City of Kenai , its officers , agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties , including reasonable Attorney's fees of or for liability for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents or employees , or any subcontractor under this Permit. The Permittee shall not be requ ired to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission solely due to the independent negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis . Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by sett lement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. "Permittee" and "City" as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, for each party. The term "independent negligence of the City" is negligence other than in the City's selection, administration , monitoring , or controlling of the Perm ittee . 6 . PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens , including mechanic's , laborer's , construction, supplier's, mining, or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises fo r any labor or material furnished to Permittee or to any re lated entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or cla imed lien . Upon the final dete r mination of the lien or claim fo r lien , the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee's own expense . 7. PERSONAL TY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property placed or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be Special Use Permit -Schilling Alaska, Inc . -2019 Snow Storage Page 3 of 7 160 redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers. 8. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement herein contained , or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements . 9 . TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety. The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. 10 . NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 11. ASSIGNMENT. Permittee may not assign , by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City . Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform. 12 . ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 13. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises . 14 . SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of this Permit. 15 . AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. Special Use Permit -Schilling Alaska, Inc. -2019 Snow Storage Page 4 of 7 161 CITY OF KENAI By: ___________ _ Paul Ostrander City Manager Date: SCHILLING ALASKA, INC. By: ____________ _ David Schilling President Date : Special Use Permit -Schilling Alaska, Inc. -2019 Snow Storage Page 5 of 7 162 ACKNOWLEDGMENTS STATEOFA~SM ) ) SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2019, the forego ing 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 ALASM ) ) SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2019, the foregoing instrument was acknowledged before me by David Schilling, Present of Schilling Alaska, Inc., an Alaska limited liability company, on behalf of the company. Notary Public for Alaska My Commission Expires :--------- ATTEST: Jamie Heinz, CMC, City Clerk SEAL : Special Use Permit -Schilling Alaska, Inc. -2019 Snow Storage Page 6 of 7 163 APPROVED AS TO FORM : Scott M. Bloom , City Attorney Special Use Permit -Sch illing Alaska, Inc. -2019 Snow Storage Page 7 of 7 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: January 8, 2019 SUBJECT: Action Approval for Lease Assignments to Griffin Golf, LLC ____________________________________________________________________________ Griffin Golf Enterprises, LLC has requested an assignment of its lease and concession agreements for the Kenai Municipal Golf Course and Recreation Areas to Griffin Golf, LLC. The location of the affected parcels are shown on the attached Exhibit A. City Administration has no objection to the lease assignment. Griffin Golf Enterprises, LLC are in compliance with the terms of their existing leases. The original leases were signed in the 1980s and were most recently amended in 2018. On June 7, 1985, the City entered into a 20-year Lease and Concession Agreement for the construction and operation of a public golf facility with a 10-year option to extend and, in 1987, the City entered into a second lease for an adjacent area with similar terms to the first agreement. On October 21, 2015, the Kenai City Council passed Resolution 2015-60, authorizing an amendment to the leases that provided a second 10-year term with a 10-year option to extend. On August 15, 2018, the Kenai City Council passed Resolution 2018-47, which amended certain terms of the leases in order to incentivize additional investment by reducing the annual rent to $1 per year and extending the term of the lease by 20 years upon completion of new investment. Additional terms specify a percentage of ordinary business income due to City upon completion of the improvements. The Kenai Municipal Golf Course was constructed on lands partially restricted by Section 6(f)(3) of the Land & Water Conservation Fund (LWCF), which requires the property to be maintained in perpetuity for public outdoor recreation. In 1998, the City requested the restriction on adjacent lots located within the Five Irons Heights Subdivision be lifted and placed on the City-owned golf course, which resulted in restrictions under Section 6(f)(3) of the LWCF for the entirety of the Kenai Municipal Golf Course. If City Council approves, City Administration would execute the reassignment of the leases from Griffin Golf Enterprises, LLC to Griffin Golf, LLC. Thank you for your consideration. 164 CANDLELIGHT DRCANDLELIGHT DRPENNY CI TERESA STSHELIKOFF STSOUTH TINKER LNNORTH TINKER LNCOLONIAL DR LINWOOD LNLAWTON DR AUK ST DEEPWOOD CTCOLONIAL DRSILVERSMITH LNPINEWOOD LNLINWOOD LNKIANA LN JAMES STDOLLY VARDEN STKULILA PLK E N A I S P U R H W Y STEELHEAD CT CROW CT KAKNU WAYCHINITNA PLCHINIAK STCOTTAGE CICASTLE STLANTERN CI KAKNU WAY COPPER LNBAKER STCOPPER LNCANDLELIGHT DRKIANA LN HIGHBUSH LNLAWTON DR GLACIER STBAKER STRAINBOW DRHIGHBUSH LNBLARNEYROY WAYSALMON STMISTY HAVEN LNRANDEE LN HIGHBUSH LNBAKER STCIBIGHORN CI PEBBLE BEACH CT INDIANWELLS CT BRANNIGANCIGRAVEL STSWIRES RDaccess/water easement2006-011437-066' VACATE ROW2009-006759-02006-011437-0 2009-011422-0 VACATE 50' ROW1605 210401401205 10 041031215 1217 811 1303 1304 1009 1107 11091105 100820110041006 1108 10611210410211010051003 10410510061002 10 041031215 1217 1200 1202 1204 2132141003 1005 1007 1011 1013 1109 1113 30530330430430393 9 1 2061206 110711031105 208 1012 116 114117119 130213001100 1031105 1205 1104 1307 13081306 1201201 1203 1002 3023002041002 10081 0 0 6 2121014 110410041006100810101012 3051405 1400132213201316 16452142082062042023061009110711091105 100820110041006 1108 10610410211010051003 10510061002 411407324 311 411407410408408B408A9057324 311 30320920730320920713101310 1131131203 1002 302300204206 207205 203206 207205 2031200304942330210031007100910111013110911131201 10151011 2102071008 1010 205206100710051003 100920420310041002 10081 0 0 6 2121014 110410041006100810101012 1112 1121141154109007409907240740740740691364034044039168401903 4021202 1204 2132141003 1005 1007 1009 101310091013 10151011 2102071008 1010 205206100710051003 10092042031004 1208 2082061206 110711031105 208304306303304305303 30430430393 9 19423 3021003 1007 1009 4011109 11119135 11101106 1204 316314313313409408405403320318 317 31 51203 811 813 901815 903 905 810 812 105104104107106106109108108111110110113112919993 2 8 31231192313093109 2 6 3 310313 309308309311309312 30830630630730730630731030593 5 9 3999 2 4 5 92014169025409408405403320318 317 31 51203410408408B408A9057 1303 1304 1061061051021403 1407 1303302 1304 21420820641690253051208 2081011021061650164016451303 1616 307410900740990724073061303302 1304 18121808380405459460455456 1061051021403 14071405407407406913640340440391684019034024014061109111191351110110612043163143133139199932831231192313093109263310313309309311309312308306306307307306307310305935939992459201 109201202202205110202206322 313 322 313 813 901815 903 905 810 812 105104104107106106109108108111110110113112112114115116 114117119 130213001100 1031105 1205 1104 1307 13081306 1202012022042012022043043063034054051051031606202205 1091081071021511101 1515 1500 1405 1407 1406 1121101101081082042021141061301 10213141312114106130110213141312 1314 1720 1706180117081716180317101714180518061712 1712 1711 1720 1706180117081716180317101714180518061712 1712 171113094081606 1303 1304 1303 1304 1510 1512 1602 1604 4104894804794071509 469470380405459460455456 4584033101652 4031630 1305 1307 1311 13101308 1502 3083091506 1507 13094081606 18121808181018101510 1512 1602 1604 4104894584033101652 40316301616 3091305 1307 1311 13101308 1502 3083093061506 4804794071509 4694701675 1675 167013061306 3033023021305 1307 1309 1311 3002042081308 2122082052041507 406404410 1301 1302 312310408402406404410 1301 1302 31231040840217111051031606202 1091081071511101 1515 1500 1405 1407 1406 1121101101081081063033023021305 1307 1309 1311 3002042081308 2122082052041310 1316 1318 13121314207 140013221316 4131902 1904 3154143144131902 1904 1906 315414314214214201695751200695751200206203305108 1091317 1908 1700 1720168016601640 3141031501 814 201Lot 1B Lot 1A . 850 ' Date: 8/7/2018 The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 1 in ch equals 833 feet KENAI MUNICIPALGOLF COURSE ANDRECREATION AREA PARCEL AGovernment Lots 1 & 2Section 3, T6N, R11W PARCEL BLot 3, Portion of Lot 4,Section 3, T5N, R11W, S.M. Parcel AParcel B EXHIBIT A 165 Consent to Assignment of Lease – Kenai Municipal Golf Course and Recreation Area, Parcel A Page 1 of 3 CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment of that certain lease entered into on June 7, 1985, and recorded at Book 265 Pages 720-731 in the Kenai Recording District, Third Judicial District, State of Alaska, as amended by the Thirteenth Amendment to Lease and Concession Agreement on August 27, 2018, and recorded as 2018-007904-0 in the Kenai Recording District, Third Judicial District, State of Alaska, from GRIFFIN GOLF ENTERPRISES, LLC, whose address is P.O. Box 289, Kenai, AK 99611, to GRIFFIN GOLF, LLC, whose address is address is also P.O. Box 289, Kenai, AK 99611, covering the following-described property: Parcel A The unsubdivided remainder of Government Lots 1 and 2, located with the N1/2 N1/2 Section 3, T5N, R11W, S,M, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska containing 71.919 acres, according to Plat No. 97-105 and further described in the attached Exhibit A, is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original lease above-described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. Dated this ____day of ______________, 2019. _____________________________ Paul Ostrander City Manager 166 Consent to Assignment of Lease – Kenai Municipal Golf Course and Recreation Area, Parcel A Page 2 of 3 Approved as to form: _____________________________ Scott Bloom, City Attorney 167 Consent to Assignment of Lease – Kenai Municipal Golf Course and Recreation Area, Parcel A Page 3 of 3 STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ______ day of _____________, 2019, PAUL OSTRANDER, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. ________________________________ Notary Public for Alaska My Commission Expires: ________ Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 168 Consent to Assignment of Lease – Kenai Municipal Golf Course and Recreation Area No. II, Parcel B Page 1 of 3 CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment of that certain lease entered into on May 28, 1987, and recorded at Book 311 Pages 134-143 in the Kenai Recording District, Third Judicial District, State of Alaska, as amended by the Twelfth Amendment to Lease and Concession Agreement on August 27, 2018, and recorded as 2018-007903-0 in the Kenai Recording District, Third Judicial District, State of Alaska, from GRIFFIN GOLF ENTERPRISES, LLC, whose address is P.O. Box 289, Kenai, AK 99611, to GRIFFIN GOLF, LLC, whose address is address is also P.O. Box 289, Kenai, AK 99611, covering the following-described property: Parcel B The unsubdivided remainder of Government Lots 3 and 4, located with the N1/2 N1/2 Section 3, T5N, R11W, S,M, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska containing 71.919 acres, according to Plat No. 97-105 and further described in the attached Exhibit A, is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original lease above-described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. Dated this ____day of ______________, 2019. _____________________________ Paul Ostrander City Manager 169 Consent to Assignment of Lease – Kenai Municipal Golf Course and Recreation Area No. II, Parcel B Page 2 of 3 Approved as to form: _____________________________ Scott Bloom, City Attorney 170 Consent to Assignment of Lease – Kenai Municipal Golf Course and Recreation Area No. II, Parcel B Page 3 of 3 STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ______ day of _____________, 2019, PAUL OSTRANDER, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. ________________________________ Notary Public for Alaska My Commission Expires: ________ Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 171 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary L. Bondurant, Airport Manager DATE: January 11, 2019 SUBJECT: First Amendment to Agreement for Security Guard Services with Guardian Security Systems, Inc. The City of Kenai entered into an Agreement for Airport Security Guard Services with Guardian Security Systems, Inc. for security services at the terminal, vehicle parking lots, aircraft tie down areas, float plane basin, ski strip, perimeter fence line, Kenai Operations Facility, and the Air Traffic Control Tower for a period of three years with the option to extend for an additional two (2) years should the City and Contractor mutually agree in writing. The Contractor requested to renew under the same terms and conditions. The City has a current Certificate of Insurance on file. Airport Commission reviewed the request at the January 10, 2019 meeting and unanimously recommended that Council approve the request to renew. Does Council recommend the City Manager enter into the First Amendment for Security Guard Services with Guardian Security Systems, Inc.? Please contact me if you have any questions. Attachment 172 173 FIRST EXTENSION TO KENAI MUNICIPAL AIRPORT AGREEMENT FOR AIRPORT SECURITY GUARD SERVICES This First Extension to the Kenai Municipal Airport Agreement for Airport Security Guard Services is made as of March 1, 2019, by and between the City of Kenai (Owner), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and Guardian Security Systems, Inc. (Contractor), an Alaska corporation whose address is 2600 Seward Highway, Anchorage, Alaska, 99503. RECITALS Effective March 1, 2016, the City entered into an Agreement for Airport Security Guard Services with Guardian Security Systems, Inc., of Anchorage for Airport Security Guard Services for the facilities at the Kenai Municipal Airport terminal building, vehicle parking lots, aircraft tie down areas, float plane basin, ski strip areas, the airport perimeter fence, the Airport Operations Facility, and the Air Traffic Control Tower. The City and Guardian Security Systems , Inc. wish to extend the Agreement to extend under the same terms and conditions. The City and Guardian Security Systems, Inc. agree as follows: 1. Pursuant to Section II, of the Agreement, Tem1, providing the option of the parties to extend the Agreement by mutual written consent, the Agreement term is extended so that the Agreement will end on February 28, 2020. 2. The parties agree that this First Extension to the Agreement and all obligations under this extension shall be effective as of March 1, 2019, regardless of the date of signatures indicated below. 3. Except as expressly modified or stated herein, all other terms and conditions of the Agreement remain in full force and effect. First Amendment to Agreement --Guardian Security Systems, Inc. 174 CITY OF KENAI Paul Ostrander Its : City Manager ATTEST: Name Title GUARDIAN SECURITY SYSTEMS, INC. Michael Heath Its: Vice President First Amendment to Agreement --Guardian Security Systems, Inc. 175 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The foregoing instmment was acknowledged before me this _ day of ______ , 2019, by Paul Ostrander, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) Notary Public in and for Alaska My Commission expires: __ _ THIS IS TO CERTIFY the foregoing instrument was acknowledged before me this __ day of , 2019, by Michael Heath, Vice President of Guardian Security Systems, Inc., an Alaska corporation, on behalf of the corporation. Approved as to form : Scott M . Bloom City Attorney Notary Public in and for Alaska My Commission expires: __ _ First Amendment to Agreement --Guardian Security Systems, Inc. MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: January 9, 2018 SUBJECT: Possible Surface Extraction on City-owned Land Identified as the Southernmost Portion of a 320-acre Parcel Located off Beaver Loop Road Described as SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4 Section 3, T5N, R11W, Seward Meridian, Kenai ____________________________________________________________________________ The purpose of this memo is to discuss the possibility of making a portion of a 320-acre parcel of City-owned land adjacent to numerous gravel pits accessed from Beaver Loop Road available for surface extraction. The gravel pits have been developed in upland areas overlooking the large lowland area that comprises the majority of the 320-acre parcel. A strip of treed area on the southern boundary of the City’s property is adjacent to three gravel pits. The availability of local gravel sources plays an important role in the encouragement of development. Historically, gravel extraction has been allowed as a conditional use in rural areas, particularly off Beaver Loop Road. Local sources of gravel and fill materials are economically advantageous. Administration is recommending that the City conduct an investigation of the property to determine the viability of the location as a gravel source by hiring a contractor to excavate test holes in the southern approximately 1,000-feet of the parcel. If the investigation determines that there are commercial quantities of gravel available, we would follow up with a public notice to determine if there is interest in acquiring and developing the source. Your consideration is appreciated. 176 CUNNINGHAM CTBARABARA DRTUNDRA ROSE LN GRAVEL STDEAN STMAR G I N AL A CCESS RD CONE CIBEAVER LOOP ROAD 13061912 1872 1832 1569 1568 1792 1857 1952 130213041201722131214021306130713081310130413051323131214021306130713081310130113021300130313031872 1832 1569 1568 1792 1857 1952 1302130417221912 131413122561 2624 2561 2624 2 0 8 12081120 1506 1510 1514 130924001518 2432 2528 2560 2241 2243 2304 1502 1506 1510 1514 2688 2656 131013082657 2688 2656 2657 2369 2497 2369 2497 24001518 2432 2528 2560 2241 2304 1502 123012302785 6957518058312881 2817 2880 2800 1605835 2800A 2785 6957518058312881 2817 2880 2800 1605835 2800A 1301. 820 ' Date: 1/10/2019 The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map. 1 inch e quals 802 feet Southernmost portion of a 320acre parcel described as the SW 1/4 NW 1/4; SW 1/4, and NE 1/4 SE 1/4 Section 3,T5N , R11W (KPB# 04901022) Approximate Area for Consider ation1,000 Feet 177 KENAI COUNCIL ON AGING REGULAR MEETING DECEMBER 13, 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, V. Geller, A. Weeks, L. Nelson, M. Milewski, C. Thornton, S. Bise Members Absent: Vice Chair D. Erwin, B. Modigh Staff/Council Liaison Present: Senior Center Director K. Romain, Council Member J. Glendening A quorum was present. c. Agenda Approval The Senior Center Director requested Item 6a, Council Training, be removed from the agenda. MOTION: Council Member Geller MOVED for approval of the agenda with the removal of Item 6a and Member Milewski 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. August 9, 2018 MOTION: Council Member Thornton MOVED to approve the August 9, 2018 meeting summary and Member Nelson SECONDED the motion. There were no objections; SO ORDERED. b. September 13, 2018 178 Council on Aging Meeting Page 2 of 3 December 13, 2018 MOTION: Council Member Geller MOVED to approve the September 13, 2018 meeting minutes with the correction of the meeting date of September 18 to September 13 on the first page heading. Council Member Milewski SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – Memorial Garden The Senior Center Director informed the membership of a request from the Bill Osborn family to consider placing a greenhouse in the rear of the Senior Center/Vintage Pointe in memory of Osborn, who was a great proponent of the Senior Center gardening, and a long-time member of the Council on Aging as well as the Kenai Senior Connection, Inc. She added the Kenai Senior Connection, Inc. had agreed to be the collector of funds donated toward the project and that donations had already been received in his honor. The Director further noted she had discussed the matter with the Kenai City Manager, who was very supportive. b. Discussion – New Ideas for Senior Assistance Discussion occurred with the following comments: • Move the water fountain to Capital Projects; • Install a camera at the main entrance; and • Forward the item for additional discussion at the January meeting. MOTION: Council Member Geller MOVED to include the items discussed to the January meeting; Member Thornton SECONDED the motion. There were no objections; SO ORDERED. 6. NEW BUSINESS a. Council Training [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] b. Discussion – Green House Funds Bill Osborn Memorial [Clerk’s Note: This item was discussed under Item 5(a) of the agenda.] 7. REPORTS a. Senior Center Director – Romain reported the following: • Senior Center Volunteer Appreciation Luncheon has been scheduled for February 14; and • Joanna Hollier will be honored at a January Council meeting. b. Council on Aging Chair – No report. 179 Council on Aging Meeting Page 3 of 3 December 13, 2018 c. City Council Liaison – Council Member Glendening reported on the actions of December 5 Council meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – January 10, 2019 There were no notifications of expected absences for the January Annual Meeting. 9. COUNCIL MEMBERS COMMENTS AND QUESTIONS Council Member Geller reported the Senior Connection, Inc. was gathering food and toys for donation to the Mountain View Elementary School and the school group would then distribute the food and toys. Council Member Weeks inquired if there were any Peninsula cities opposing the LNG project. Glendening noted the Kenai City Council passed a resolution supporting the project and City Manager Ostrander was heading a committee with regards to the project. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION – None. 12. ADJOURNMENT There being no further business, the Council on Aging meeting adjourned at 5:20 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante Deputy City Clerk 180 KENAI AIRPORT COMMISSION REGULAR MEETING DECEMBER 13, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Feeken called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, J. Bielefeld, P. Minelga, K. Dodge, J. Zirul, D. Pitts Staff/Council Liaison Present: Airport Manager M. Bondurant, Administrative Assistant E. Brincefield, Council Member H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Bielefeld MOVED to approve the agenda and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. October 11, 2018 MOTION: Commissioner Minelga MOVED to approve the meeting summary of October 11, 2018 and Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS 181 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 2 December 13, 2018 a. Action/Approval – Second Amendment to Airport Vending Machine Concession Agreement MOTION: Commissioner Minelga MOVED to recommend Council approve the Second Amendment Airport Vending Machine Concession Agreement with Tyler Distributing; and Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager – Bondurant reported on the following: An update was provided of the Terminal Rehabilitation Project; On December 5th she attended an after-earthquake meeting at the Kenai Peninsula Borough Office of Emergency Management; The Airport would not be decorating for the holidays due to the Terminal Rehabilitation Project; and On December 19th at 3 p.m. there would be an after-earthquake meeting at the Kenai Airport Operations Facility. b. City Council Liaison – Knackstedt reported on the October 17, November 7 and December 5 City Council meetings actions. 8. NEXT MEETING ATTENDANCE NOTIFICATION – January 10, 2019 9. COMMISSIONER COMMENTS AND QUESTIONS Each Commissioner reported on their earthquake experience. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. October 2018 Mid-Month Report b. November 2018 Mid-Month Report c. Final 2018 Float Plane Basin Activity It was noted that activity had increased this summer. d. October 29, 2018 FAA Letter – Awareness and Handling of Diesel Exhaust Fluid 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:40 p.m. Meeting summary prepared and submitted by: ___________________________________ Jacquelyn LaPlante, Deputy City Clerk 182 KENAI HARBOR COMMISSION DECEMBER 10, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS PRESIDENT PRO TEMPORE BOB PETERS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Commissioner Peters called the meeting to order at approximately 6:00 p.m. a. Pledge of Allegiance Commissioner Peters led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: B. Peters, G. Greenberg, C. Crandall, M. Dunn, Vice-Chair N. DuPerron (telephonic) Commissioners absent: Chair C. Hutchison, J. Desimone Staff/Council Liaison present: Public Works Director S. Curtin, Public Works Assistant K. Feltman, Council Member R. Peterkin A quorum was present. MOTION: Commissioner Crandall MOVED to appoint Commissioner Peters as President Pro Tempore for this meeting and Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. c. Agenda Approval MOTION: Commissioner Greenberg MOVED to approve the agenda and Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – (10 minutes) None scheduled. 3. UNSCHEDULED PUBLIC COMMENT Council Member Jim Glendening introduced Council Member Robert Peterkin as the new Harbor Commission Council Liaison. Mr. Glendening further commented in support of having less Harbor Commission meetings, as recommended by the Harbor Commission Sub-Committee. 183 ____________________________________________________________________________________ Harbor Commission Meeting Page 2 of 3 December 10, 2018 4. APPROVAL OF MEETING SUMMARY a. November 13, 2018 MOTION: Commissioner Crandall MOVED to approve the meeting summary of November 13, 2018; and Commissioner DuPerron SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – Finalize Title 11 Code Revisions Two items of the code revisions were clarified and the Public Works Director noted the finalized version of Title 11 would be available at the next Commission Meeting for review and recommendation of approval to City Council. b. Discussion – Kenai Municipal Code Amendments for Wake Signage, Safety Signage and Navigational Buoys The Commission provided input on potential locations of buoys at the mouth of the Kenai River and by the first cannery. Suggestions included No Wake signs during the Dipnet Season, a speed limit sign and horsepower ratings sign. It was suggested to focus on enhancing safety awareness where individuals embark and disembark boats. The Public Works Director summarized Commission recommendations as follows: Post a No Wake sign/buoy at the City Dock, and a slow or minimum wake signage buoy on the corner by Inlet Salmon as well as above it. It was suggested to remove the signage by Inlet Salmon after Dipnet Season. c. Discussion – Harbor Commission Meeting Schedule Adjustment MOTION: Commissioner DuPerron MOVED to recommend to City Council for eight (8) Harbor Commission meetings a year and Commissioner Crandall SECONDED the motion. MOTION TO AMEND: Commissioner DuPerron MOVED to recommend Harbor Commission meetings not be held in January, July, October and December; Commissioner Crandall SECONDED the motion. VOTE: There being no objections, SO ORDERED. VOTE ON MOTION AS AMENDED: There being no objections, SO ORDERED. 6. NEW BUSINESS – None. 184 ____________________________________________________________________________________ Harbor Commission Meeting Page 3 of 3 December 10, 2018 7. REPORTS a. Public Works Director – S. Curtin reported the City Dock was inspected after the recent earthquake and the three-year-old earthquake damage had increased on the concrete and pilings; while the cranes were undamaged. He further reported the City Dock was closed off and that Eagle Rock had significant damage. b. Commission Chair – B. Peters wished everyone Happy Holidays. c. City Council Liaison – R. Peterkin reported on December 5 City Council Meeting actions. 8. NEXT MEETING ATTENDANCE NOTIFICATION – January 7, 2019 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Dunn thanked the Council Liaison for his report. Commissioner Crandall inquired about the Dipnet Report. It was noted it was just released in the December City Council packet. Commissioner Greenberg had questions regarding fish tax and collection. 10. ADDITIONAL PUBLIC COMMENT Council Member Jim Glendening suggested including the 2018 Dipnet Report and Bluff Erosion Stabilization Report in the next Harbor Commission packet. He noted there was a PowerPoint presentation on the City of Kenai website about the Bluff Erosion Bank Stabilization Program that would be beneficial to the Commission. He further suggested including fish tax information as a Harbor Commission information item. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:16 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante Deputy City Clerk 185 KENAI PARKS & RECREATION COMMISSION DECEMBER 6, 2018 – 7:00 PM KENAI CITY COUNCIL CHAMBERS VICE-CHAIR NOEL WIDMAYER, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Vice-Chair Widmayer called the meeting to order at 7:07 p.m. a. Pledge of Allegiance Vice-Chair Widmayer led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: Vice-Chair Widmayer, T. Wisniewski, J. Joanis, J. Dennis Commissioners absent: Chair C. Stephens, S. Kisena, F. Perez Staff/Council Liaison present: Parks & Rec Director B. Frates, Parks and Rec Assistant C. Bannock, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Joanis MOVED to approve the agenda as presented; Commissioner Dennis SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS a. Matt and Sarah Pyhala – Bike Friendly Community Update. The Pyhala’s reported that BIK&S (Biking in Kenai and Soldotna) was awarded the bronze-level status by the League of American Bicyclists. In addition, Kenai/Soldotna was now one of approximately 460 communities around the country sharing this designation. They reported that a lot of work still needed to be done but the designation was good for four years. Anchorage and Sitka were both silver-level and Kenai/Soldotna join Homer on the bronze-level. The Pyhala’s indicated that the survey results were shared and could be found online at bikeleague.org. Additionally, one of the goals of the process was to change the way municipalities approached pedestrian and bike transportation, safety, infrastructure, programs and education. Future plans and ideas included bike paint markers, bike racks and bike friendly community signs. 3. UNSCHEDULED PUBLIC COMMENT John Edison expressed appreciation to the Parks and Recreation Department for their work 186 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 2 of 3 December 6, 2018 around the City, particularly the lights at the Leif Hansen Memorial Park. Mr. Edison also had a few concerns he wanted to share: Bear proof garbage cans often got frozen and difficult to open; There was a trip hazard in the lawn area near the gazebo; holes were in the ground east of the parking lot at scenic bluff overlook; and he encouraged rest stops/benches be placed in key areas around town. Mr. Edison also shared his ideas on how the trails could be promoted to increase usage and make more fun to use. 4. APPROVAL OF MEETING SUMMARY a. September 6, 2018 MOTION: Commissioner Joanis MOVED to approve the meeting summary of September 6, 2018 and Commissioner Dennis SECONDED the motion. There were no objections; SO ORDERED. b. November 1, 2018 MOTION: Commissioner Wisniewski MOVED to approve the meeting summary of November 1, 2018 and Commissioner Dennis SECONDED the motion. Joanis abstained from voting. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. 6. NEW BUSINESS a. Discussion – Parks and Recreation Calendar The Parks and Recreation Director indicated that the department was working on putting together an annual calendar highlighting department functions, and would help market and advertise department activities. The Director shared a draft version and requested members offer any feedback and ideas, particularly content matters and any formatting concepts. Ideas that were generated included: Add websites and logos; and linking to the City websites. The Parks and Recreation Assistant spoke to the process of creating the calendar, either in-house or possibly using an online vendor. It was requested that anyone wishing to proofread and edit should contact her. Commissioners expressed support in the calendar and applauded the department for the work. 7. REPORTS a. Parks and Recreation Director – Frates reported on the following: • The labor position had been filled and the new hire starts on December 20; and • The upcoming events included Skate with Santa and Community Skate. Director Frates thanked staff member C. Bannock for work on the new calendar and he thanked the commission for their work. 187 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 3 of 3 December 6, 2018 b. Commission Chair – Vice-Chair Widmayer commented that maybe bear proof garbage receptacles were not needed at the Leif Hansen Memorial Park. c. City Council Liaison – H. Knackstedt reported on the action agendas of the November 7 and December 5 City Council meetings. He specifically noted that the Parks and Recreation Commission meeting time from 7 p.m. to 6 p.m. was approved, and he reviewed the Commissions/Committees appointments. He expressed appreciation for the meeting discussion and was glad to be a part of it. 8. NEXT MEETING ATTENDANCE NOTIFICATION – January 3, 2019 9. COMMISSION QUESTIONS & COMMENTS Commissioner Kisena inquired about how best a member of the public could go about presenting or sharing an idea. It was noted that any individual could address any of the Commissions/Committees at any meeting, either scheduled or unscheduled. It was added that individuals may also work through respective chairs or contact Administration. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION a. MPF Ice Schedule (December) 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:16 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante Deputy City Clerk 188 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JANUARY 9, 2019 – 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, Vice-Chair D. Fikes, R. Springer, J. Halstead, T. McIntyre Commissioners absent: V. Askin, G. Greenberg Staff/Council Liaison present: City Planner E. Appleby, Deputy City Clerk J. LaPlante, Planning Dept. Assistant W. Anderson, Council Liaison R. Peterkin A quorum was present. c. Administer Oath of Office [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] d. Election of Chair and Vice-Chair MOTION: Commissioner Springer MOVED to re-appoint Commissioner Twait as Chair; Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. MOTION: Commissioner Springer MOVED to appoint Commissioner Fikes as Vice-Chair; Commissioner McIntyre SECONDED the motion. There were no objections; SO ORDERED. e. Agenda Approval Chair Twait noted the following revision to the packet: Remove: 1(c) Administer Oath of Office 189 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 4 January 9, 2019 MOTION: Commissioner Halstead MOVED to approve the agenda with the revision noted and Commissioner Springer SECONDED the motion. There were no objections; SO ORDERED. f. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Commissioner Springer SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. g. *Excused absences – V. Askin, G. Greenberg 2. *APPROVAL OF MINUTES – December 12, 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 a. Resolution PZ2018-30 - Original Preliminary Plat of Thompson Park Donaghe Replat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska 99669, on behalf of the Thomas Donaghe, 3305 Togiak Street, Kenai, Alaska 99611 The City Planner reviewed the staff report as provided in the meeting packet and specifically noted the property owner wanted to eliminate the lot lines between Lots 1 and 2 to create a larger lot for future development. The City Planner reported that staff recommended approval of this preliminary plat, subject to the following conditions: • Further development of the property shall conform to all federal, State of Alaska, and local regulations. MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2018-30 with staff recommendations and Commissioner Springer SECONDED the motion. Chair Twait opened the floor for public testimony. There being no one wishing to be heard, public 190 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 4 January 9, 2019 comment was closed. VOTE: YEA: Twait, Springer, Halstead, McIntyre, Fikes NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS – None. 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS – None. 9. PENDING ITEMS – None. 10. REPORTS a. City Council – Council Member Peterkin reviewed the action agenda from the December 19 City Council Meeting. b. Borough Planning – Vice-Chair Fikes reported the Commission met on December 7 and over 20 plats were reviewed and approved. She specifically noted the manufacturing permit was approved to a current Marijuana Facility in Kasilof; an anadromous water habitat protection permit in Anchor Point was approved; and an announcement was provided by the Gravel Commission Representative, Robert Ruffner, on gravel pit operations, discussing how best to move forward with amendments to Borough Code. The Gravel Commission planned to meet again this summer. Lastly, Fikes noted that the Kenai Peninsula Borough was able to obtain grant funds for Agriculture on the Peninsula and would be creating a Committee, while seeking input from the Kenai Peninsula community on use of funds. c. Administration – City Planner Appleby reported on the following: • She attended the Industry Outlook Forum by the Kenai Peninsula Economic Development District (KPEDD) in Homer today – themes presented were local businesses, bigger projects focused on oil, gas or mining, and natural amenities and quality of life living here; • The American Planning Association (APA) Alaska State Planning Conference begins this weekend on January 13; • The City of Kenai intended to submit a resolution of support for the Pedestrian Pathway along Beaver Loop Road and part of Bridge Access Road. The deadline for the Alaska Transportation Alternatives Program grant was January 31; • The Alaska LNG Project draft Environmental Impact Statement (EIS) was expected next month; and • She planned to focus on the Kenai sign code soon. 191 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 4 January 9, 2019 11. ADDITIONAL PUBLIC COMMENT Jim Glendening thanked the City Planner for the City of Kenai Bicycle Friendly information and commented on the City of Kenai and the Kenai Peninsula Borough’s plans forward. 12. INFORMATIONAL ITEMS a. Startup Week Memorandum b. City of Kenai Bicycle Friendly Community Report Card c. Planning and Zoning Resolutions – Fourth Quarter 2018 d. Building Permits – Fourth Quarter 2018 e. Code Enforcement – Fourth Quarter 2018 The City Planner provided an overview of each of the informational items. 13. NEXT MEETING ATTENDANCE NOTIFICATION – January 23, 2019 14. COMMISSION COMMENTS & QUESTIONS Commissioner McIntyre expressed interest in working closer with the community and looked forward to working on the Planning and Zoning Commission. Commissioner Springer welcomed Tim McIntryre to the Commission. 15. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:50 p.m. Minutes prepared and submitted by: ____________________________ Jacquelyn LaPlante Deputy City Clerk 192 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant, Airport Manager DATE: January 4, 2019 SUBJECT: January Mid-month Report 2018 Terminal Rehabilitation Project – Construction: The project has moved inside the terminal building with additional sections of the lobby contained and blocked off. Avis, Mossy Oak Properties, and Budget were moved to temporary locations at the south end the first week of January 2019. In-house Activities – Snowplowing along with the rains/winds created slick icing conditions and some very challenging winter conditions for the Operations crew; but the runway has remained opened and available to all operations. Airport Administration continues to work with City Administration on revisions to the land leasing policy; specifically lands outside of the airport reserve. Airport staff is compiling FY2020 budget information to be ready for submission to City Administration by February 15, 2019. The final updated Airport Emergency Control Plan (AECP) was submitted to the FAA on January 7, 2019. Thank you to all departments and agencies for their review and comments, and Erica for her diligence in updating the document. Airport Manager will be speaking to Kay Kurka’s class at KCHS on aviation and aviation opportunities in the work place on Wednesday, January 9, 2019. 193 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: January 7, 2019 SUBJECT: December 2018 Monthly Report This month the Kenai Animal Shelter took in 55 animals. Animal intake and disposition: DOGS: INTAKE 28 DISPOSITION 28 Waiver 9 Adopted 19 Stray 14 Euthanized 1 Impound 1 Claimed 4 Protective Custody 0 Field Release 0 Quarantine 0 Transferred to Rescue 4 Other Intakes 4 Other Dispositions 0 CATS: INTAKE 32 DISPOSITION 30 Waiver 21 Adopted 14 Stray 7 Euthanized 2 Impound 0 Claimed 0 Protective Custody 3 Field Release 0 Quarantine 0 Transferred to Rescue 14 Other Intakes 1 Other Dispositions 0 OTHER ANIMALS: INTAKE 4 DISPOSITION 5 Bird 4 Rabbit 1 Bird 4 DOA: 5 OTHER STATISTICS: Dog 2 Licenses (City of Kenai Dog Licenses) 94 Cat 3 Microchips (Dog and Cat) 1 194 Page 2 of 2 Animal Control Mid-Month Report 2 Citations 6 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 50.35 Volunteer Hours Logged 24 Animals are known borough animals 32 Field Investigations & patrols Statistical Data: 858 2016 YTD Intakes 827 2017 YTD Intakes 829 2018 YTD Intakes 195 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: January 8, 2019 SUBJECT: Finance Department Mid-month Report The past month has been a busy one with much of the department’s focus on the preparation of the FY2020 Budget. The Council is tentatively scheduled to receive its first draft of the FY2019 budget in April. There is much work to be done by all City departments over the next couple of months. The department is preparing for a year-end review of the Airport Land Sale and General Land Sale Permanent funds’ performance. The FY19 transfer from the ALSPF to Airport Operations and the GLSPF to the General Fund are being calculated. The amount of these transfers is a function of their December 31, 2018 balances. Representatives from Alaska Permanent Capital Management will be present for a work session prior to the January 16th Council meeting to discuss the 2018 performance of the permanent funds, recommend the asset allocation and benchmarks for 2019, and give a brief discussion on the economy and their projections for 2019. 2018 marked the ten-year anniversary of our current management methodology and a thorough review is warranted in preparation for the next ten-year cycle. This review will look at revenue requirements and estimated levels of risk associated with different revenue assumptions. This level of review is completed once every ten years with annual reviews each of the other nine years. The Department is also working on a number of projects which include: 1. Issuance of a Request for Proposal for insurance coverages. The current contract terms- out on June 30, 2019. 2. Assisting Public Works with the City’s capital plan and development of a vehicle replacement plan. 3. Licensing and installation of point to point wireless infrastructure to facilities outside the central City campus. 196 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Jeff Tucker, Fire Chief DATE: January 10, 2019 SUBJECT: January Mid-Month Report – Kenai Fire Department ____________________________________________________________________________ During the month of December the department hosted a Safe Kids Coalition Car Seat Safety event as well as participating in several station tours by the public. The department also hosted it annual Christmas Party attended by crew members and their families. 2018 saw an overall 2.6% increase in calls for service for the department from 2017. EMS calls were up from 1062 calls in 2017 to 1095 calls in 2018 which equates to a 3.1% increase. 197 Page 2 of 2 In looking at our increasing call volume the department looked back over the last three years to see how many times the department is responding to multiple calls, of any type, at the same time. In 2018 the department had 121 instances where 2 calls were occurring at the same time. In addition the department had 40 instances where 3 or more calls were happening at the same time which accounted for 139 separate calls for service. In the cases where both of the departments ambulances are out and a third EMS call is received a mutual-aid ambulance is requested and KFD personnel will respond in an engine or utility vehicle to access and stabilize the patient prior to transports arrival. The department will continue to track and evaluate this data point. Year Single Overlapping Instances Total Number of Calls Multiple (3 or more) Overlapping Instances Total Number of Calls Total Overlapping Calls for the Year Total Calls for the Year Percentage of Time Multiple Ocurring Calls 2018 121 242 40 139 381 1478 25.80% 2017 113 226 26 85 311 1445 21.50% 2016 132 264 31 110 374 1568 23.80% 198 MEMORANDUM TO: Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Jo Joiner DATE: January 8, 2019 SUBJECT: Library Mid-Month Report ______________________________________________________________________ December Circulation Figures Adult Fiction 1,102 Internet Access 687 Adult Non-Fiction 1,032 iPad use 169 Young Adult Fiction 179 Games 4 Periodicals 58 Room Booking 125 Juvenile Fiction 314 Music 18 Juvenile Non-Fiction 247 DVDs 1,711 Easy Fiction 689 Audio books 63 Easy Non-Fiction 297 Miscellaneous 113 Interlibrary Loan 3 Computer Programs Books – Consortium 226 Media – Consortium 169 Total Print 4,147 Total Non-Print 3,059 Total Circulation 12/18 7,206 Downloadable Audio 634 Total Circulation 12/17 7,889 Downloadable EBooks 535 % change -8% In-House circulation 231 % change in downloadable +19% 199 Page 2 of 2 Library Mid-Month Report Library Door Count……. 6,096 Income Fines $ 534.14 Xerox 283.40 Lost/Damaged 0 Test Proctoring Fee 40.00 Printing 264.50 Other 0.00 Total income $ 1,122.04 In December 5 volunteers worked about 31 hours. There were 12 children’s programs with 220 total in attendance, and 14 adult and family programs with 126634 attendees. In December we ordered 4 interlibrary loan items not available through the consortium and received 4 items, we returned 3 item and loaned 10 items to other libraries who are out of state or not in the consortium. 0 20000 40000 60000 80000 100000 120000 140000 160000 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 Total Circ Library Cards Issued December ILL 2 Kasilof 1 Kenai 16 Nikiski 5 Ninilchik 3 Non-Resident 3 Other Peninsula 4 Soldotna 4 Total 38 200 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: January 8, 2019 SUBJECT: Planning and Zoning December 2018 Report ____________________________________________________________________________ Below are a summary of activity in December 2018 for the Planning and Zoning Department. Planning and Zoning Commission Agenda Items and Resolutions The Planning and Zoning Commission approved of one plat: • Resolution PZ2018-29 Original Preliminary Plat of Kenai Townsite 2018 Addition, submitted by Johnson Surveying, P.O. Box 27, Clam Gulch, Alaska 99568, on behalf of the City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 99611. Lands, Economic Development, and Outreach The temporary lands staff-person is making progress research City-owned lands. The City Planner has made several updates to the data tracking tools to facilitate the work of the temporary lands staff-person. Planning and Zoning staff requested conditional use permit holders to submit annual reports for 2018. City staff met to discuss updates to City Code for Disposition of City General Fund Lands. The City Planner communicated with Bryr Harris, who spoke at the December 5 Kenai City Council meeting, to discuss floodplains and the National Flood Insurance Program (NFIP). The City Planner and other City staff met with Barbara Miranda, who spoke at the December 19 Kenai City Council meeting, to discuss the 2020 Census. 201 Page 2 of 2 Planning and Zoning Mid -Month Report The City Planner met with representatives of the citizen group Biking in Kenai and Soldotna (BIK&S), who spoke at the December 19 Kenai City Council meeting. City staff has been working with the Kenai Chamber of Commerce to update the 2019 City of Kenai Visitors Guide. Plans and Reports The City Planner made initial contact with a consultant who will be assisting the City to update the local hazard mitigation plan. Code Enforcement (Complaint Responses and Community Outreach Measures) 2 cases were opened in December 2018: • 1 – Other • 1 – Use Permit Violation 2 case reports was closed in December 2018: • 2 – Junk or Abandoned Vehicles 202 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: January 10, 2019 SUBJECT: Mid-month Activity Report ____________________________________________________________________________ A total of 106 hours of ice was reserved at the Kenai Multi-purpose Facility for the month of December. To date, 335.75 hours have been booked since October 1. The Kenai Peninsula Winter Games is scheduled January 18-20 and approximately 28 hours of ice has been scheduled for tournament play. The department’s Skate with Santa and Holiday Night Lights skating activity was a success. We are grateful to the Kenaitze Indian Tribe for assisting with this project and the local businesses that contributed food and prizes. Department staff performed 51.25 hours in December removing snow from facility sidewalks and parking lot areas (Daubenspeck Family Park, Kenai Cemetery, Municipal Park, Kenai Golf Course and crew building). Skiing conditions have been decent the past couple weeks. A total of 25 hours (104.9 miles) have been logged since grooming operations started on December 16. Daubenspeck pond has been closed to skating due to insufficient ice thickness. Crews will be out measuring ice this week and we are hopeful we can start maintaining this area soon. The department is working on a 2019 calendar project, Capital Improvement Project list, upcoming budget preparation, flower orders and updating goals & objectives. Administrative Assistant, Carol Bannock, is piecing ideas together for an eventual monthly newsletter. 203 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: January 7, 2018 SUBJECT: Police & Communications Department Activity – December 2018 Police handled 664 calls for service in December. Police calls for service were up approximately 10.5% in 2018 over 2017. Dispatch received 289 9-1-1 calls, 215 of which came from cell phones. Officers made 43 arrests. Traffic enforcement resulted in 94 traffic contacts and 33 traffic citations. There were 3 DUI arrests. Officers investigated 24 motor vehicle crashes. There were two collisions involving moose. There was one collision involving drugs or alcohol. December training included: One supervisor completed the FBI National Academy in Quantico Virginia. One supervisor attended a leadership training conference in Anchorage. The KPD officer on the SERT team attended two days of training. One dispatcher and the dispatch supervisor both participated in online distance learned courses for dispatchers. In addition to handling police calls in various school, the School Resource Officer wrapped up the semester with a DARE graduation at Mountain View Elementary. 9203 3366 8330 3556 7926 3442 0 5000 10000 Total Police Service Calls 911 Calls Received 2018(Jan 1 - Dec 31)2017(Jan1 - Dec 31)2016(Jan 1 - Dec 31) 204 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: December 2018 SUBJECT: Mid-Month Report; Public Works / Capital Projects • WWTP Improvements – The combined Aeration Blower Replacement / DO Probes project Invitation to Bid documents are being finalized, ITB Release is anticipated between January 17-24. The new WWTP Foreman has started work on January 3rd and is being brought up to speed on the project and the facility. • Terminal Building Rehabilitation Project – Blazy Construction was issued a Notice to Proceed on October 1, 2018. The project is approximately 7% complete to date. The submittals process and ordering of equipment is proceeding well. Inside the facility the phased demolition is underway and there is now large areas of the airport, primarily where the rental 205 Page 2 of 3 Mid-Month Report car offices were located, partitioned off. Project Completion date remains scheduled for December 2019 but will likely be pushed back a few weeks once the full extent of the asbestos abatement is better understood. Previously unknown asbestos was discovered within the flooring of the section of the airport dating to 1966. The City and the General Contractor are coordinating with abatement professionals for the proper and safe removal of these materials. Abatement is anticipated to begin in mid-January 2019 and will continue through several phases to minimize disruption to airport operations. • Automated Flight Service Station Renovations Phase 3 (Interior remodel) – Invitations to Bid were released on November 16, 2018 with Bids due on December 14, 2018. Anticipating Construction taking place throughout the first quarter of 2019. Update: Working with FAA on supplemental funding per Ordinance 3049-2019. • Dock repair – The City Dock received some new damages as a result of the November 30, 2018 Earthquake. Public Works and Finance are coordinating with the insurance company to complete an Engineer’s assessment of the damages. Anticipating the current project documents being modified to account for the new damages. Invitations to Bid for this project will likely be March/April 2019. 206 Page 3 of 3 Mid-Month Report • Purchase Street Sweeper – Bid was awarded to Yukon Equipment and Street Sweeper is expected to deliver in Spring 2019. Update: Equipment continues to move through the production process and remains on schedule. • Recreation Center Improvements – Design documents are 100% complete. Project will be released for Bid in January 2019, with completion date by June 30, 2019. • Kenai Cemetery Expansion 2018 – Design Documents are 100% complete. Project will bid late winter for a May 2019 construction start. • Peninsula Avenue Bluff Erosion 2018 – Design Documents are now 100% complete. Project Area continues to be monitored throughout the winter months for additional erosion. Invitations to Bid will be released late winter for a May/June 2019 construction start. • USACE Bluff Erosion – See City Manager’s report. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr. was bid on March 30, 2018. City of Kenai water main replacement crossing KSH at Shotgun/Beaver Loop designed, funded, and will be bid with DOT project. Update: Project has now stopped for winter and will start back up in Spring 2019. • DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake – ADOT advises this project will take place 2019. • DOT Beaver Loop Road and Pedestrian Pathway Project – ADOT advises construction may be possible in 2019. 207 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: January 7, 2019 SUBJECT: December 2018 Monthly Report Congregate Meals Served (Dining Room) 1,139 Home Delivered Meals 1,367 Volunteer Hours (29 individuals) 489 Unassisted Transportation Rides 362 Assisted Transportation Rides 156 Social Security Video Service 42 individuals Senior Center Rentals 3 Total Events Sign Ins (through MySeniorCenter) 2,013 Total Unduplicated Participants (through MySeniorCenter) 190 • December came in with a “burst of Christmas” throughout the Senior Center with decorations, Christmas lights, and plenty of good cheer. The season started with a Movie Night showing the holiday comedy ‘Home Alone’ and we were honored to be entertained by the following groups: Riverside Harmony (Women’s Acapella Choir), the Riverside Band, and the KBeach Elementary Puppet Show. • The Annual Christmas Tea & Cookie Exchange was attended by over 30 ladies and was hosted by Patsy Clifford and daughters Renee Clifford, Norann Kriner and granddaughter Lucy Hollenbeck. This family has graciously hosted this event for over ten years and in spite of our fast- changing world, keep this wonderful tradition alive. • Our Annual Christmas Party was held on Wednesday, December 20 in coordination with our December Birthday Party. Festivities included “My Sweater Screams Louder than Your Sweater” and our Christmas Choir performed. “Breakfast with Santa” was held December 21 and was attended by at least 100 kiddos with their parents or grandparents. The Center was open for a Christmas Potluck on Christmas Day and we ended the year with a New Year’s Eve Breakfast Brunch and Talent Show. Please check out our Facebook page to see updates on all of these events. • Kenai Senior Connection, Inc., sponsored a food drive for seniors in our area. Through the months of November and December, enough food was collected to distribute 16 bags of groceries to seniors in need in our community. The Kenai Senior Connection, Inc. provided hams or turkeys to add to each of the bags. How blessed we are to live in such a giving community! 208 209 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JANUARY 16, 2019 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT PUBLIC SECTOR PERSONNEL CONSULT ANTS COMPENSATION STUDY HUMAN RESOURCES PROFESSIONAL SERVICES 4 ,999.00 ARCTIC OFFICE PRODUCTS OFFICE FURNITURE HUMAN RESOURCES SMALL TOOLS 5 ,783.00 OTIS ELEVATOR ELEVATOR MAINT. CONTRACT AIRPORT REPAIR & MAINTENANCE 2,751 .78 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,500.00 ALASKA MUNICIPAL LEAGUE ONLINE SALES TAX ANALYSIS NON-DEPARTMENT AL PROFESSIONAL SERVICES 4,500.00 MUNICIPAL EMERGENCY SERVICES POSICHECK USB INTERFACE KIT FIRE SMALL TOOLS 3,590.00 LEGACY ELECTRIC ELECTRICAL TO GENERATOR SHOP MACHINERY & EQUIPMENT 6,240.00 PREFERRED PLUMBING INSTALL GASLINE TO GENERATOR SHOP MACHINERY & EQUIPMENT 4,475.00 Directors Report Cook Inlet Regional Citizens Advisory Council Board of Directors Meeting From President John Williams Representing the City of Kenai CIRCAC’s Board of Directors met in Anchorage for what was supposed to be two-days of meetings on the 15th floor of the Anchorage Sheraton Marriott Hotel. We met on Thursday, (summarized later in the report) without a hitch. But Mother Nature had other plans for day two, Friday—a 7.0 magnitude earthquake which struck the city at 8:29 AM, followed by another measuring 5.8 and a series of severe aftershocks. . We were looking forward to remarks from Rear Admiral Matthew Bell, Commander 17 th Coast Guard District, US Coast Guard, who had joined us along with Captain of the Port of Anchorage Sean MacKenzie, Lt. Jake Taylor, Lt. Cmdr. Jon Dale, and Commander Justin Jacobs And we were to receive operation updates from Lori Nelson and Glenn Faulkner with Hilcorp and Harvest Alaska, a progress report from Tim Robertson with Nuka Research on the pipeline infrastructure risk assessment, and review of 2018 environmental monitoring field research from Sue Saupe, CIRCAC’s Director of Science and Research. In attendance were Lt. Bart Buesseler from NOAA Coast Survey, and Ex Officios Jonathan Schick from the Alaska Department of Natural Resources and Kevin Reeve with the Division of Homeland Security and Emergency Management. The earthquake hit as people were beginning to arrive, a half-hour before the meeting was scheduled to start. Staff, Board members, their families and other attendees were scattered throughout the building. Our plans and focus quickly changed to evacuating the building safely, locating each other and staying warm outside as aftershocks rattled the city and surrounding areas. Many people (our Board, staff, U.S. Coast Guard and guests among them) provided coats, gloves and warm blankets to those in need. When hotel maintenance found out our Board Member Rob Lindsey from Kodiak was a skilled diesel mechanic and electrician, he was recruited to try to revive the hotel generator, which he did until it died again and couldn't be revived. We piled into cars and Café Paris which was just across the street and whose owners generously opened the doors and distributed water and snacks sent over by the Sheraton’s staff. All the while, our Executive Director, Mike Munger, was trapped with three other men between floors in a hotel elevator. Thankfully, they were ultimately successful in freeing themselves. We are grateful there were no injuries and all are accounted for. When the building was deemed safe to reenter, several of the Coast Guardsmen and our Director of Administration, Jerry Rombach, performed the extraordinary service of climbing 13 to 15 flights of stairs to retrieve some personal belongings and computers that had been left behind in the conference room. People with items in locked rooms had to wait until later that afternoon. While dealing with our immediate concerns in Anchorage, we were also in touch with Cook Inlet oil industry operators to gather updtaes about potential damage to facilities and infrastructure. We have been able to confirm that Hilcorp, Marathon, Glacier Energy, and BlueCrest Energy’s facilities are intact and operational, with several facilities sustaining very minor damage, and no pollution incidents. 210 Though our plans for our Friday Board Meeting were cancelled, we were able to accomplish several activities the day before, on Thursday. These included updating our five-year strategic plan and receiving what turned out to be a very timely presentation from Alexandria Trainer, Emergency Program Manger for the Anchorage Emergency Operations Center, about how to be best prepared for an emergency in Alaska. More details follow. Strategic Plan Update; meeting our goals CIRCAC’s Director of Science and Research, Sue Saupe, led the discussion to make adjustments to the current 2014-2019 strategic plan. A full review is scheduled for 2019. We adopted the interim changes recommended by our working committees (EMC, Protocol Control and PROPS) with some additional changes put forth during the board meeting. Sue also summarized what has been accomplished so far towards the 8 Board priority goals in the 2014-2019 strategic plan. Status Report of 2014-2019 Council Priorities: Achieved changes and amendments to OPA 90 to improve CIRCAC funding formula Completed a comprehensive Cook Inlet Navigation Risk Assessment Established a Cook Inlet Harbor Safety Committee (a priority recommendation of the Navigation Risk Assessment). Based on our 2012 Position Paper and information compiled in the Cook Inlet Navigational Risk Assessment, called for a Cross-Inlet pipeline to replace crude oil tankers transporting oil from Drift River (project completed 2019) Initiated a Cook Inlet Pipeline Infrastructure Risk Assessment (obtained funding and initiated first steps) Compiled detailed habitat data for all shorelines in our areas of concern; continued integration with Alaska ShoreZone and AOOS; and actively facilitating use of ShoreZone imagery and data in oil spill planning and response Working with Alaska Ocean Observing System (AOOS) to make CIRCAC data more available and integrated with other spatial data; examples include the integrated layers in the Cook Inlet Response Tool, the Geographic Response Information Database (GRID), and compilation of Cook Inlet oceanographic and contaminant data for on-line access (ongoing). Several Council priorities have not been as successfully addressed due, in part, to tighter funding opportunities for projects not possible through our OPA 90-mandated funding. These include obtaining funding for non-OPA 90 activities and developing a sustained program to collect and integrate biological and chemical data in the Cook Inlet region. 211 The Board gets a timely message on emergency preparedness Alexandria Trainer with the Anchorage Emergency Operations Center explained the importance of being prepared for emergencies and having an emergency kit at the ready. And she gave us some things to get started, including an emergency blanket, which came in very handy following the earthquake (see photos). Alexandria also led the Council and staff through a tour and explanation of the workings of the Anchorage Emergency Operations Center which is located at 1305 E Street in Anchorage. The EOC is the primary coordination center for emergencies and disasters that require a multi- agency response. There are stations for each agency so that they can work together to develop and maintain a common operational picture to effectively and efficiently respond to an emergency or disaster that happens within the Municipality of Anchorage, such as the earthquake. Staffing levels depend on the severity and scale of the situation and what’s required to adequately respond. With a Response Level 1 or lower, for example, the EOC staff monitors conditions and activates information sharing networks to ensure contact with involved agencies. Level 2 or higher means that specific municipal agencies and partners may gather at the center to develop a common operational picture. More than 100 people gathered at the EOC on the day of the earthquake, and every station was filled. Pictured: CIRCAC’s Administrative Assistant, Maddie Jamora, ensured Director Carla Stanley stayed warm (Photos by Vaito’a Heaven). Photo above far right: CIRCAC tours the Anchorage EOC (photo by Lynda Giguere). Since we had unfinished business from our cancelled meeting, we were able to wrap up loose ends and pass our budget during a teleconference on December 14. 212 INSIDE THIS ISSUE: • PRESERVING HISTORY • PHOTOS FROM 1950S & 1960S KENAI • NOVEMBER 2018 MEET- ING MINUTES • ANNOUNCEMENTS Officers: President—June Harris Vice President—Virginia Walters Secretary/Treasurer—Sharon Fisher Board of Directors: Joe Harris Betty Idleman Bill Nelson Henry Knackstedt Frosty Walters Jim Glendenning KENAI HISTORICAL SOCIETY NEWSLETTER Written by Sharon Fisher If you would like to contribute ideas and information to the newsletter, please contact me at 776-8254. I welcome and would entertain any ideas you may have for articles, and would appreciate being contacted if you see errors in the information con- tained in the newsletter. Preserving History There are many ways to contribute to the preservation of our local history. All our local organizations should be able to make a contribution of their individual histories to the historic societies of their community. Private businesses should do likewise. Individuals can write their story and include it in a book such as Once Upon the Kenai, or deposit it with a group with which they are involved. Community governments should have an on-going record of the growth as it occurs, and make that available to interested individuals. Historic socie- ties should actively be interviewing and transcribing histories. One amazing source in our community has been the group “A Work in Progress: Growing Up on the Kenai. This website has been collecting amazing amounts of information since its in- ception and I constantly review the postings that I see on their site and store quite a lot of it away for future reference. I con- tinue to hope there will be a publication that comes out of that effort and I wish them success in that direction. One of my favorite contributors to that website is Jim Taylor who has an ever-growing collection of photos and postcards of the Kenai Peninsula. He is also a terrific researcher and repository of the stories behind his collection. He has generously allowed me to save and to use the pictures/stories that he posts, and I cannot thank him enough for that contribution. December 2018 Newsletter Kenai Historical Society P.O. Box 1348 Kenai, Alaska 99611 213 2 The white building next to the Kenai Food Center was the Terminal Café as the runway was right across the road. To the right of the Food Center would be the Terminal Garage. The Food Center was where Paradisos is now. (Jim Tayl9r) The white building on the far left was identified as Hartleys De- partment Store and then Kenai Korners (sp) was the blue building next door. Please let me know if this information is incorrect. Below Photo was from the 50’s before Kenai Food Center was built. (See next page for more photos). 214 3 Above photo—-1950's....Terminal Café and Terminal Garage. So named because it was in close proxim- ity to the airport (across the street). This is before the Kenai Food Mart was built, Paradisos is on this corner now. (Jim Taylor). Does the building on the right in the below photo say “Rainbow Café”? 215 4 Do not miss an opportunity to record the history of the elder members of your family, your organization, or your community. Very soon after Once Upon the Kenai was published, I spent several weekends read- ing it from cover to cover, and realized that in the several years it took to compile the book, many of the contributors had already passed on. I was so grateful at the wisdom of those who had visualized the pro- ject and stuck with it to the end—-preserving forever the stories of our community. 216 5 P.O. Box 1348 Kenai, AK 99611 kenaihistory@gmail.com MINUTES *** NOVEMBER 2018 On Sunday, November 4, 2018, the Kenai Historical Society met at the Kenai Visitor ’s and Convention Center in Kenai. President June Harris opened the meeting at 1:35 p.m. The minutes of the September 2018 meeting were reviewed by the membership and approved with a minor correction. Joe Harris moved, and Virginia Walters seconded a motion to approve the report. The treasure report shows the Alaska USA checking balance stands at $12,718.65 and our Credit Union Money Market account balance is $10,314.62. The Edward Jones Account as of September 30 2018 is $26,383.15 and a cash value of $842.05 and invested amount of $25,541.10 The Kenai Community Foundation balance as of September 2018 stands at $58.860.23 (from $50,000.00 invested just over two years ago). This report was approved unanimously. Old Business: June Harris gave the Cabin Report reporting a Fund Balance of $15,258.68 , with $3,233.25 carryover from summer 2018 ((invoice for August and September not yet received) and $4000.00 from City of Kenai for 2019 salary. June responded to a question from Dave Thompson regarding cabin security, which is still on the table. The broken window in the 3 Scandinavians cabin has been covered and should not be as vulnerable. Payment for the broken window is pending, with one of the two perpetrators having paid their share. New Business: President Harris noted that renewal of our ad in the Visitor’s Guide will be 375.00. Paula Bute moved, and Virginia Walters seconded approval of payment for the ad. An issue with the Civic League Building lease items will be taken up by the Board of Directors at a board meeting on November 17 at 2:00 p.m. at the Moose Meat John cabin. President Harris announced that there will be an election of officers at the January 6, 2019 meeting. Anyone interested in serving should contact one of the officers before that meeting to have their name included in the voting. Annual dues of $10 per member will also be collected. Our next meeting is December 2, 2018, and will be a holiday potluck and entertainment from KCHS. Respectfully submitted by Sharon Fisher, Secretary. 217 KENAI HISTORIC SOCIETY Our Organization There has been a Historic Society since the days before Kenai becom- ing a city. The Society was formed a few years before Statehood in 1959, and then went inactive in the early 60’s. It restarted in the latter part of the 60’s and has met regularly since. The Society had a museum in Fort Kenay for some years, and then continued to meet after that closed. The non-profit Society implemented and operates the Kenai Historic Cabins Park, open for tours in the summer months. We have office space at the Moosemeat John cabin, but are not open to the public in that building. Our member meetings are Sept., Nov., Dec., Jan., Feb., Mar., and April at the Kenai Visitor Center. For Oct. and May, we meet with the Kenai Peninsula Historical Association. Please check the Meet- ings and Announcements section on this page for date information. MEETINGS AND ANNOUNCEMENTS Kenai Historical Society Monthly Meeting January 6, 2019—1:30 p.m. Kenai Visitor Center Election of Officers—2019-20 Annual Dues —- $10 per year PLEASE PLACE STAMP HERE Kenai Historic Society P.O. Box 1348 Kenai, AK 99611 Phone: 283-1946 Phone: 776-8254 E-mail: ak.kyaker@yahoo.com www.facebook.com/Kenai- Historical-Society 218 JANUARY 16, 2019 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Add to item D.1. Resolution No. 2019-01 • Amendment Memo City Manager • Public Correspondence City Clerk Add item D.8. Resolution No. 2019-07 - Amending the Payment Schedule for City Residential Water and Sewer Customers Impacted By the Partial Federal Government Shutdown to Allow for Deferred Payments. • Memo Mayor Gabriel Remove item G.9. Special Use Permit to Alaska Challenger Center for Space Technology Inc. City Manager MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: January 16, 2019 SUBJECT: Resolution No. 2019-01 – Alaska Department of Transportation Amendment ____________________________________________________________________________ According to the Alaska Department of Transportation, several amendments to Resolution No. 2019-01 are necessary to meet the requirements of the grant application and to be eligible to receive Transportation Alternatives Program Funds. The amendments are listed below. • The period in the last whereas should be removed and replaced with “; and,”. • Add a fifth whereas that states: WHEREAS, the City of Kenai acknowledges availability of the required match of no less than 9.03%. • Add a section 2 that states: Section 2. That the City of Kenai hereby assures the Alaska Department of Transportation and Public Facilities that sufficient funding for the local governmental agencies matching contribution for a pedestrian pathway along part of Bridge Access Road in the City of Kenai is available. • Rename the current Section 2 to Section 3. The administration intentionally left this language out of the resolution and does not support these amendments. Committing to fund what at this time is an unknown amount with no ability to back out of that commitment if the cost of the project is higher than anticipated or other problems arise is not in the best interests of the City. Additionally, there is not an identified funding source for this commitment. Capital projects funded during the FY 2019 budget process would have to be deferred or canceled to meet this match requirement. Page 2 of 2 Resolution No. 2019-01 – Alaska Department of Transportation Amendment Funding for a bike path along Bridge Access Road has been included by the City on previous legislative funding requests and is included on this year’s legislative priority list for informational purposes. The merits of this project are clear. Connectivity of trails is an identified goal of the City’s Comprehensive Plan. Goal 5, Objective T-7 specifically states “Actively pursue design and construction of a Kenai River Bridge Access Road and coastal and bluff trail system”. When considering the significant capital needs of the City and the changing landscape at the State level however, the administration can not recommend obligating funds outside of the processes used to establish City-wide operational needs and capital funding priorities. The City has not established that spending capital dollars on a proposed pathway along Bridge Access Road is a higher priority than other projects in the City. The grant application requires that the City accept ownership and maintenance of the bike path in perpetuity. Although administration feels that this requirement could be negotiated with the State at a later date, if the City were to accept responsibility for the long term maintenance of the pathway, this would add another depreciating asset to the City’s inventory; an inventory that the State has helped maintain in the past, but likely will not in the future. The State has not provided capital funding to municipalities for several years, and there is no indication that this will change in the foreseeable future. If the State cuts over 1 billion dollars from its budget this year and intends to maintain that level of funding going forward, municipalities are faced with a new reality whereby infrastructure that the State previously helped to construct and maintain will become the sole responsibility of the municipality. This is a fundamental shift that will require that the City of Kenai take a much more deliberate approach to capital spending. We will need to actively prioritize projects that need funding and develop a strategy to fund those projects. This process has begun but much more work is left to do. As a part of this process, the construction of a pathway along Bridge Access Road should be considered alongside all of the other capital needs of the City. Comments in support of Resolution 2019-01 01-15-2019 Hello Kenai City Council members -- On behalf of the bicycling advocacy group BIK&S (Biking in Kenai and Soldotna), I'd like to provide some information about our efforts to fund the trail proposed in Resolution 2019-01 through the Alaska Department of Transportation's Alaska Transportation Alternatives Program (ATAP) grant.1 We're seeking to connect the new bike and pedestrian path that the Department of Transportation plans to build in spring 2019 along Beaver Loop Road 2 to existing bike path along the Kenai Spur Highway. Our proposal for a separated bike path would follow Bridge Access Road between Beaver Loop's west entrance and the Bridge Access-Kenai Spur intersection. If awarded, the ATAP grant would fund 90.97% of the project by passing along money from the federal government's Moving Ahead for Progress in the 21st Century (MAP- 21) Act. The grant requires a 9.03% match from a local partner. We're hoping Kenai will participate in this role. The application for this year's grant is due January 31. If our project is selected, DOT would fund it from a potential pool of $9.36 million, initiate a project agreement with Kenai in April 2019, and begin implementing the project soon after. The stretch of Bridge Access Road between Beaver Loop and the Kenai Spur Highway - - location of the closest existing separated bike path -- is one of the busiest roads in Kenai city limits, averaging 14,000 vehicles a day in 2017 according to DOT's Average Annual Daily Traffic count 3. This amount of traffic is second only to the Kenai Spur Highway between Airport Way and Main Street Loop, which has a similar average. That busy section of the Spur Highway has separated bike and pedestrian paths on both sides, but Bridge Access has only a 9 foot shoulder to accommodate bike and foot traffic. Though Bridge Access' shoulders are marked as a bike route, they are directly adjacent to the motor vehicle lanes without separation or barrier. We believe the new Beaver Loop path is likely to increase bike and pedestrian traffic in both directions between the west Beaver Loop entrance and the Bridge Access-Kenai Spur intersection. Riding this shoulder is already an uncomfortable experience, especially in high-traffic summer months. The danger will increase with more walkers and bikers following and passing one another on this shoulder. We hope the Kenai City Council will proactively deal with the situation, especially now with the ATAP grant presenting a cost-effective opportunity to do so. In addition to relieving safety concerns, this path would contribute to a quality of life goal stated in Kenai's 2016 Comprehensive Plan, to "encourage healthy lifestyles by providing opportunities and/or facilities for outdoor activities" (Objective Q-9, page 78). By facilitating access to DOT's new Beaver Loop path, it would meet the spirit of the Comprehensive Plan's Objective T-6 (page 83) -- "Ensure a pattern of connecting streets and blocks that allow people to get around easily by foot, bicycle or car when approving new developments" -- and by doing so in the same construction season would meet the spirit of Objective T-5 -- "Transportation improvements needed to serve new developments shall be in place at the time the new developments occur." Finally, it may be a small step toward the Comprehensive Plan's Objective T-7: "Actively pursue design and construction of a Kenai River Bridge Access Road and coastal and bluff trail system." Thank you, Ben Boettger _____________________________________________ 1. ATAP grant http://dot.alaska.gov/stwdplng/atap/index.shtml 2. Bike path along Beaver Loop Road http://www.beaverlooproad.com/ 3. DOT's Average Annual Daily Traffic Count https://www.arcgis.com/home/webmap/viewer.html?webmap=7c1e1029fdb64d7a86449 d55ef05e21c _____________________________________________________________________________________ Sponsored by: Mayor Gabriel CITY OF KENAI RESOLUTION NO. 2019 - 07 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE PAYMENT SCHEDULE FOR CITY RESIDENTIAL WATER AND SEWER CUSTOMERS IMPACTED BY THE PARTIAL FEDERAL GOVERNMENT SHUTDOWN TO ALLOW FOR DEFERRED PAYMENTS. WHEREAS, certain federal employees are not receiving paychecks from the federal government due to the ongoing partial federal government shutdown; and, WHEREAS, it is anticipated that those federal employees not currently receiving paychecks will be paid once the partial federal government shutdown is resolved, which based on previous similar federal budget impasses, should be in the near future; and WHEREAS, the City recognizes the short term economic impact on those federal employees not receiving pay; and, WHEREAS, the City would like to help those affected by allowing for delayed payments of residential water and sewer bills without incurring penalty or interest; and, WHEREAS, while the City’s fee schedule and administrative application provide for a monthly payment, waiving the monthly payment requirement so penalty and interest payments are not accrued for those customers impacted by the ongoing partial federal government shutdown is in the best interest of the residents of the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That residential City water and sewer utility customers that can show they did not receive pay from their federal government employer due to the ongoing partial federal government shutdown may make payments for residential water and sewer accounts beginning for the month of December 2018, throughout the term of the partial government shutdown, within 25 days of the end of the shutdown, for the full amount due, without incurring any penalty or interest. Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16 day of January, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk MEMORANDUM TO: Kenai City Council Members FROM: Brian Gabriel, Mayor DATE: January 15, 2019 SUBJECT: Resolution 2019-07 Proposed assistance to those impacted by partial federal shutdown. ____________________________________________________________________________ The purpose of this memo is to recommend approval of Resolution 2019-07 to assist those impacted by the current and ongoing partial federal shutdown which commenced at midnight EST on Saturday, December 22, 2018. As a result of the partial federal shutdown, impacted federal employees, some of which continue working, are not receiving a paycheck and payment of normal monthly bills may not be possible and/or cause undue stress. In preparing Resolution 2019-07 the administration and I recognized the unique circumstances inflicted upon impacted federal employees by the partial federal shutdown. These employees, based on past federal budget impasses, will likely receive compensation for all hours worked and for hours while on furlough once federal funding is restored. This in all likelihood, is a temporary situation for which the employees will receive full compensation upon resolution of the budget impasse. Resolution 2019-07 recognizes the temporary nature of this situation and will allow those impacted by the partial government shutdown to defer payment of their water and sewer utility bills, beginning with bills issued for the month of December 2018 which become due on January 20, 2019, until such time as the partial shutdown ends. Deferral of such payments will eliminate the assessment of penalty and interest on impacted accounts during the partial federal shutdown and for a period of twenty-five (25) days after the shutdown provided the account is paid in full. KMC 1.75.010 requires the assessment of penalty on amounts unpaid to the City twenty-five (25) days after their due date and this Resolution effectively changes the due date. Your support for Resolution 2019-07 is respectfully requested. Kenai City Council Meeting Page 1 of 4 January 16, 2019 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING JANUARY 16, 2019 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Recognition of Volunteer Services for Joanna Hollier 5. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Scott Curtin, City of Kenai Public Works Director – Wastewater Treatment 101. 2. Johna Beech, Kenai Chamber of Commerce and Visitor Center – Third Quarter Report. 3. Maggie Winston and Jodi Stuart – 2019 Project Homeless Connect Update and Coordinated Entry. 4. Kenai Senior Connection – FY19 Budget Donation. 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. 3047-2018 – Increasing Estimated Revenues and Appropriations in the General Fund, Public Works Administration Department for the Procurement of Engineering Services to Assess Damage Caused by the November 30, 2018 Southcentral Alaska Earthquake. (Administration) • Substitute Ordinance No. 3047-2018 - Increasing Estimated Revenues and Appropriations in the General Fund, Non-Departmental, Department and the Water & Sewer Fund, Water Department for Payment of a Property Insurance Kenai City Council Meeting Page 2 of 4 January 16, 2019 Deductible for Damage to City Facilities Caused by the November 30, 2018 Southcentral Alaska Magnitude 7.0 Earthquake. (Administration) 2. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-01 – Supporting the Biking in Kenai and Soldotna Citizen Group Application to the Alaska Department of Transportation and Public Facilities for Use of Transportation Alternatives Program Funds set for a Pedestrian Pathway along Part of Bridge Access Road in the City of Kenai. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2019-02 – Supporting the Alaska Department of Natural Resources Application to the Alaska Department of Transportation and Public Facilities for Use of Transportation Alternatives Program Funds for the Kenai River Flats Facility Improvement Project in the City of Kenai. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2019-03 – Amending Policy No. 2016- 01, Procedures for Commissions, Committees and Council on Aging, to Amend the Meeting Schedule for the Harbor Commission. (City Clerk) 5. ADOPTED UNANIMOUSLY. Resolution No. 2019-04 – Supporting the Reappointment of Robert Ruffner to the Alaska Board of Fisheries. (Mayor Gabriel) 6. ADOPTED UNANIMOUSLY. Resolution No. 2019-05 – Adopting the City of Kenai Capital Improvement Plan Priority List for State Funding Requests for the Fiscal Year 2020. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2019-06 – Authorizing the Expenditure of up to $1,000,000 in Support of the Pre-Construction Engineering and Design Phase of the Kenai Bluffs Bank Stabilization Project and Authorizing the City Manager to Enter into a Memorandum of Agreement with the U.S. Army Corps of Engineers for the Acceptance of Contributed Funds. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2019-07 – Amending the Payment Schedule for City Residential Water and Sewer Customers Impacted by the Partial Federal Government Shutdown to Allow for Deferred Payments. (Mayor Gabriel) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of December 19, 2018 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase Orders Exceeding $15,000. (Administration) Kenai City Council Meeting Page 3 of 4 January 16, 2019 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-Objection to a Liquor License Renewal for The Cannery Lodge, LLC, Don Jose’s LLC, and Three Bears Alaska, Inc. (City Clerk) 4. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-Objection to a New Marijuana Retail Store for KRC, LLC. (City Clerk) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/06/19. *Ordinance No. 3048-2019 – Amending Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Make Other Housekeeping Amendments. (City Clerk) 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 2/06/19. *Ordinance No. 3049-2019 – Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund for Tenant Requested Improvements to the Automated Flight Service Station. (Administration) 7. APPROVED UNANIMOUSLY. Action/Approval – Special Use Permit to Schillings Alaska, Inc. for Snow Storage. (Administration) 8. APPROVED UNANIMOUSLY. Action/Approval – Consenting to Assignment of Lease to Griffin Golf, LLC. (Administration) 9. REMOVED FROM THE AGENDA. Action/Approval – Special Use Permit to Alaska Challenger Center for Space Technology Inc. (Administration) 10. APPROVED UNANIMOUSLY. Action/Approval – First Amendment to Agreement for Guardian Security Systems, Inc. (Administration) 11. Discussion – Possible Surface Extraction on City-owned Land Identified as the Southernmost Portion of a 320-acre Parcel Located off Beaver Loop Road Described as SW1/4 NW1/4 & SW1/4 & S1/2 SE1/4 & NE1/4 SE1/4 Section 3, T5N, R11W, Seward Meridian, Kenai. (Administration) H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney Kenai City Council Meeting Page 4 of 4 January 16, 2019 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. DIRECTION PROVIDED TO ADMINISTRATION. Discuss Terms Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, Also Known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS 44.62.310(c)(1)(3) a Matter of Which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be Confidential. Action/Approval – Provide Direction to City Administration Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity). M. PENDING ITEMS – None. N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Cook Inlet Regional Citizens’ Advisory Council (CIRCAC) Directors Report 3. Kenai Historical Society Newsletter – December 2018 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.