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Home My WebLink About2022-01-05 Council Packet Kenai City Council - Regular Meeting Page 1 of 3 January 05, 2022 Kenai City Council - Regular Meeting January 05, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3261-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of a Hold Locker. (Administration) 2. Ordinance No. 3262-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of Steam Kit Shelving, Library Materials, and Other Items. (Administration) 3. Ordinance No. 3263-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 3 January 05, 2022 4. Ordinance No. 3264-2021 - Accepting and Appropriating Asset Forfeiture Funds Provided to the City of Kenai through the State of Alaska Department of Public Safety. (Administration) 5. Ordinance No. 3265-2021 - Increasing Estimated Revenue and Appropriations in the General Fund and the Parks Improvement Capital Project Fund for Additional Kenai Dog Park Funding. (Vice Mayor Glendening and Council Members Winger and Baisden) 6. Resolution No. 2022-01 - Approving the Purchase of Fifteen Mobile Radios and Associated Programming for the Police and Fire Departments Under Sole Source Purchases from Motorola Solutions Using NASPO Valuepoint Contract Pricing for the Total Price of $83,979.77. (Administration) 7. Resolution No. 2022-02 - Adopting an Alternative Allocation Method for the FY22 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity In FMA 14: Cook Inlet Area. (Administration) 8. Resolution No. 2022-03 - Amending the Employee Classification Plan to Change the Range of the Human Resources Director. (Administration) E. MINUTES 1. *Regular Meeting of December 15, 2021. (City Clerk) F. UNFINISHED BUSINESS 1. Action/Approval - Confirmation of Mayoral Nominations for Appointment to the Planning and Zoning Commission. (Mayor Gabriel) [Clerk's Note: At the December 15, 2021 Meeting, this item was Postponed to this meeting.] G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to Marijuana License Transfer for Herban Extracts, LLC. (City Clerk) 3. *Action/Approval - Non-Objection to Liquor License Renewals for Country Liquor, Wal- Mart Supercenter and American Legion Post 20. (City Clerk) 4. *Action/Approval - Special Use Permit to Schilling Alaska, Inc., d/b/a the Uptown Motel for Snow Storage. (Administration) 5. *Ordinance No. 3266-2022 - Accepting and Appropriating Funds in the Airport Fund, and Accepting Two Grants From the Federal Aviation Administration Under the American Rescue Plan Act of 2021 (H.R. 1319, Public Law 117-2). (Administration) 6. Action/Approval – Kenai Bluff Stabilization Project Thank You Letter (Council Member Pettey) Page 2 Kenai City Council - Regular Meeting Page 3 of 3 January 05, 2022 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 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 M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Thank You Letter to VFW 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. Join Zoom Meeting OR https://us02web.zoom.us/j/87968544334 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 879 6854 4334 Passcode: 274988 Meeting ID: 879 6854 4334 Passcode: 274988 Page 3 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3261-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES THROUGH THE DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, DIVISION OF LIBRARY, ARCHIVES & MUSEUMS FOR THE PURCHASE OF A HOLD LOCKER. WHEREAS, the Kenai Community Library desires to expand its services by installing an external materials hold locker; and, WHEREAS, the Library received a grant from the Institute of Museum and Library Services (IMLS) through the Department of Education and Early Development, Division of Libraries, Archives, and Museums in the amount of $22,300 for the purchase of an external hold locker; and, WHEREAS, an external hold locker is a self-service system that allows patrons to pick up library materials in a convenient, contact-free method; and, WHEREAS, the hold locker will be placed outside the front entrance and will therefore be accessible at all times; and, WHEREAS, it is in the best interest of the City of Kenai and the Kenai Community Library to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant in the amount of $22,300 from the IMLS through the Department of Education and Early Development, Division of Library, Archives & Museums. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Library--Federal Grants $22,300 Increase Appropriations – Library – Machinery and Equipment $22,300 Section 3. That the City Manager is authorized to execute the grant agreement and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Page 4 Ordinance No. 3261-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 5 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: December 6, 2021 SUBJECT: Ordinance 3261-2021- Grant to the Purchase a Hold Locker The purpose of this memo is to request acceptance and appropriation of a $22,300 grant from the Institute of Museum and Library Services (IMLS) through the Department of Education and Early Development, Division of Libraries, Archives, and Museums for the purchase of a self- service hold pickup locker. Located outside the building, the secure locker will give library patrons the flexibility to pick up their reserved materials when it is convenient for them, even when the library is closed. The automated locker can also be utilized by those desiring a contact-less library visit. Thank you for your consideration. Page 6 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3262-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES PASSED THROUGH THE DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, DIVISION OF LIBRARY, ARCHIVES & MUSEUMS FOR THE PURCHASE OF STEAM KIT SHELVING, LIBRARY MATERIALS, AND OTHER ITEMS. WHEREAS, the Library received a grant from the Institute of Museum and Library Services (IMLS) through the Department of Education and Early Development, Division of Libraries, Archives, and Museums in the amount of $6,000; and, WHEREAS, $3,500 will be used to purchase STEAM (Science, Technology, Engineering, Art and Math) kit shelving and programming equipment; and, WHEREAS, $2,500 will be used to purchase library materials; and, WHEREAS, it is in the best interest of the City of Kenai and the Kenai Community Library to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept a grant in the amount of $6,000 from the Institute of Museum and Library Services through the Department of Education and Early Development, Division of Library, Archives & Museums. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Library---Federal Grants $6,000 Increase Appropriations – Library – Books $2,500 Library – Operating/Repair Supplies 3,100 Library – Small Tools/Minor Equipment 400 $6,000 Section 3. That the City Manager is authorized to execute the grant agreement and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Page 7 Ordinance No. 3262-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 8 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: December 6, 2021 SUBJECT: Ordinance 3262-2021 Acceptance of a Grant from the IMLS The purpose of this memo is to request acceptance and appropriation of $6,000 from the Institute of Museum and Library Services (IMLS) through the Department of Education and Early Development, Division of Libraries, Archives, and Museums. Per the grant award, $3,500 will be used for the purchase of STEAM (Science, Technology, Engineering, Art, and Math) kit shelving, a Chromebook charging station, and programming equipment (e.g., amplifiers and a canopy tent), and $2,500 will be used for the purchase of library materials. Thank you for your consideration. Page 9 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3263-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – POLICE DEPARTMENT AND ACCEPTING GRANTS FROM THE UNITED STATES DEPARTMENT OF JUSTICE AND ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION (AMLJIA) FOR THE PURCHASE OF BALLISTIC VESTS. WHEREAS, the Kenai Police Department participates in a Ballistic Vest Partnership (BVP) grant program through the Department of Justice, which covers 50% of the cost of ballistic vests purchased for officers; and, WHEREAS, the City’s current insurance company, AMLJIA, also has a ballistic vest reimbursement program, which covers 50% of the cost of ballistic vest purchased for officers; and, WHEREAS, three ballistic vests were recently purchased for a total of $5,630 and the two programs together will cover 100% of the cost of those ballistic vests. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept and expend United States Department of Justice and AMLJIA grant funds for the purchase of ballistic vests. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants – Police $2,815.00 Miscellaneous Grants 2,815.00 $5,630.00 Increase Appropriations – Police – Small Tools $5,630.00 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 10 Ordinance No. 3263-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 5TH day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC , City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 11 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: November 24, 2021 SUBJECT: Ordinance No. 3263-2021 Accepting Grant Funds for Ballistic Vests The police department participates in the United States Department of Justice’ Ballistic Vest Partnership (BVP), which provides grant funds for half the cost of Officer ballistic vests. The City’s insurance carrier, AMLJIA, also has a grant program by which they cover half the cost of ballistic vests purchased by officers. The Police Department recently purchased five ballistic vests for officers, at a total cost of $5,630 and anticipates that cost to be covered 100% by the two programs. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds for the purpose they were intended. Page 12 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3264-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI THROUGH THE STATE OF ALASKA DEPARTMENT OF PUBLIC SAFETY. WHEREAS, the Kenai Police Department works cooperatively with the State of Alaska Department of Public Safety and participates in the regional drug task force (SCAN) with enforcement efforts that directly impact the City of Kenai and surrounding areas; and, WHEREAS, In August of this year the Kenai Police Department received two asset forfeiture sharing checks totaling $28,889.31 from the State of Alaska Department of Public Safety, related to drug cases where assets or cash were forfeited; and, WHEREAS, the Kenai Police Department intends to use those funds as they were intended, for the furtherance of the administration of justice, through the purchase of law enforcement equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept these asset forfeiture funds from the Alaska Department of Public Safety and to use those funds for the purchase of law enforcement equipment. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues – Asset Forfeiture checks from the State of Alaska $28,889.31 Increase Appropriations – Police – Small Tools $18,817.83 Police – Machinery and Equipment 10,071.48 $28,889.31 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 13 Ordinance No. 3264-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 14 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: December 3, 2021 SUBJECT: Ordinance No. 3264-2021, Accepting Drug Forfeiture Funds The Kenai Police Department received $28,889.31 in asset forfeiture sharing funds from the State of Alaska Department of Public Safety. Those funds were shared with the Kenai Police Department after being forfeited to the State in connection with criminal drug cases, for which the Kenai Police Department participated in the investigation. Funds forfeited in this manner are intended to be used in furtherance of the administration of justice. I am respectfully requesting consideration of the ordinance appropriating $28,889.31 into the General Fund Accounts: Police- Small Tools - $18,817.83 and Police – Machinery & Equipment - $10,071.48 accounts to pay for law enforcement equipment. The primary purchases made with these funds are anticipated to be, an updated video recording system for police interview rooms, and video camera systems for some new police vehicles. Page 15 Sponsored by: Sponsored by Vice Mayor Glendening and Council Members Winger and Baisden CITY OF KENAI ORDINANCE NO. 3265-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUE AND APPROPRIATIONS IN THE GENERAL FUND AND THE PARKS IMPROVEMENT CAPITAL PROJECT FUND FOR ADDITIONAL KENAI DOG PARK FUNDING. WHEREAS, Resolution 2018-52 designated land within the Daubenspeck Family Park for the development of an off-leash dog park; and, WHEREAS, since that time a group of volunteers has worked on fundraising and construction of the dog park; and, WHEREAS, Ordinance 3211-2021 (Substitute) provided $25,000 in available funding from the City’s General fund for the park; and, WHEREAS, despite the prior appropriation and fundraising efforts, additional funds are needed to complete the project; and, WHEREAS, the dog park will be the first of its kind in the City and provide new recreational opportunities for residents and visitors; and, WHEREAS, the park is intended to include access for disabled users; and, WHEREAS, the group of volunteers spearheading the project have requested City assistance in completing some of the more complicated construction aspects of the project including lighting, water supply, security, ADA accessible walkways, and concrete work; and, WHEREAS, it is in the best interest of the City to support the completion of the park by finishing the scope, design work, and the bid process for construction as needed. 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 $63,000 Increase Appropriations – Transfer to Parks Improvement Capital Project Fund $63,000 Page 16 Ordinance No. 3265-2021 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That the estimated revenues and appropriations be increased as follows: Parks Improvement Capital Project Fund: Increase Estimated Revenues – Transfer from General Fund $63,000 Increase Appropriations – Construction – Kenai Community Dog Park $63,000 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 15, 2021 Enacted: January 5, 2022 Effective: January 5, 2022 Page 17 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Vice Mayor Glendening, Councilmembers Winger and Baisden DATE: December 9, 2021 SUBJECT: Ordinance No. 3265-2021, Kenai Dog Park Funding This Ordinance appropriates $63,000 into the Parks Improvement Capital Project Fund in support of completion of the Kenai Dog Park, including design and construction needs. Council has previously dedicated land for this park, with a group of volunteers raising funds and completing work to date. The City has also previously made $25,000 available for the project. The volunteer fundraising efforts are ongoing. To ensure the project is built to the desired standards, it is important for the City to continue working forward with the volunteers to assist in its completion, including managing some of the more complicated aspects of the project. Completion of the park will provide new recreational opportunities for residents and visitors. Your consideration is appreciated. Page 18 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-01 A RESOLUTION OF THE CITY OF KENAI, ALASKA, APPROVING THE PURCHASE OF FIFTEEN MOBILE RADIOS AND ASSOCIATED PROGRAMMING FOR THE POLICE AND FIRE DEPARTMENTS UNDER SOLE SOURCE PURCHASES FROM MOTOROLA SOLUTIONS USING NASPO VALUEPOINT CONTRACT PRICING FOR THE TOTAL PRICE OF $83,979.77. WHEREAS, the City of Kenai received and accepted a grant award from the U.S Department of Homeland Security passed through the State of Alaska Department of Military and Veterans’ Affairs in the amount of $84,000 for the purchase of mobile radios for the Police and Fire Departments (Ordinance 3255-2021); and, WHEREAS, the Police and Fire Departments both have complete inventories of Motorola Radios, have personnel with experience working on and programming the Motorola Radios, and have accessories in place for managing these radios; and, WHEREAS, these funds are sufficient to replace 15 radios, or approximately 45% of those mobile radios used by the Police and Fire Departments and this partial replacement makes purchasing very similar equipment critical to maintenance and operations; and, WHEREAS, a “Sole Source Procurement Method” for the purchase of these radios and accessories from Motorola Solutions has been authorized by the granting authority; and, WHEREAS, Motorola is the only source for the Motorola APX 6500 radios to be purchased and those radios are covered in NASPO Valuepoint contract pricing that is standardized and ensures the lowest price available on the products; and, WHEREAS, KMC 7.15.070(b)(1) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment can only be furnished by a single dealer or which has a uniform price wherever bought. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Police & Fire Departments are authorized to purchase Motorola radios in the amount of $83,979.77. Section 2. That the City Manager is authorized to make sole source purchases, per City Code, in lieu of the City conducting a bid process. Section 3. That the City Manager is authorized to issue two purchase orders totaling $83,979.77 for the purchase of Motorola mobile radios. Section 4. That this resolution takes effect immediately upon passage. Page 19 Resolution No. 2022-01 Page 2 of 2 _____________________________________________________________________________________ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Michelle M. Saner, MMC, City Clerk Page 20 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: December 20, 2021 SUBJECT: Resolution No. 2022-01 – Approving A Sole Source Radio Purchase The City of Kenai applied for and received a grant through the U.S. Department of Homeland Security passed through the State of Alaska Department of Military and Veterans’ Affairs in the amount of $84,000 for the purchase of mobile radios and associated programming for the Police and Fire Departments. The City accepted and appropriated those grant fund under ordinance 3255-2021. This memo is intended to support the resolution for two sole source purchases totaling $83,979.77 for those radios and associated programming from Motorola Solutions. The purchase order covering Fire Department radios will be for $42,000 and the purchase order for Police Department radios will be for $41,979.77. There are a number of reasons to use a sole source with Motorola for this purchase. KPD and KFD are both fully equipped with Motorola radios, and their personnel have experience working on and programming the Motorola radios. The departments also have accessories in place for managing these radios. These funds are sufficient to only replace 15 radios or approximately 45% of the mobile radios in use by the departments. This partial replacement further necessitates the need to purchase like equipment for both maintenance and operations. The mobile radios that are currently in use by both departments (Motorola) have proven extremely reliable, with availability of maintenance from the vendor when required. The Motorola APX6500 radios to be purchased are covered under the NASPO Valuepoint contract that is standardized and ensures the lowest price available on the products. The Granting Authority, The Department of Homeland Security, has approved a sole source procurement for these radios. Page 21 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-02 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY22 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN FMA 14: COOK INLET AREA. WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY22 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2020 from fisheries business activities; and, WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community and Economic Development; and, WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY22 funding available within FMA 14: Cook Inlet Area in agreement with all other municipalities in this area participating in the FY22 Shared Fisheries Business Tax Program. Section 2. That the Kenai City Council by this Resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2019 of fisheries business activity in FMA 14: Cook Inlet Area: • That all municipalities share equally 50% of the allocation; all municipalities share the remaining 50% on a per capita basis. Section 3. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Michelle M. Saner, MMC, City Clerk Page 22 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: December 20, 2021 SUBJECT: Resolution No. 2022-02 Adopting an Alternate Allocation Method for FY22 Shared Fisheries Business Tax The City receives revenue from the State of Alaska for fish tax collected by the State in two different methods. The Department of Revenue (DOR) distributes “Raw Fish Tax,” fisheries business taxes, fishery resource landing taxes, salmon marketing tax, and other seafood taxes from licensed seafood processors, floating processors, and seafood exporters, to eligible municipalities as prescribed in AS 43.77.060. The City’s FY2021 share was $78,289.27 and was based upon 2019 collections by the DOR. The second method by which the City receives fish tax revenue is through the Alaska Department of Commerce Community and Economic Development (ADCCED) Shared Fisheries Business Tax Program. ADCCED receives 50% of the undistributed Raw Fish Tax from the DOR to distribute to impacted communities. For the Cook Inlet Fisheries Management Area, which the City is a part of, the amount to be distributed in FY22 is $21,510.76. Ten communities will receive a portion of that amount with the City of Kenai estimated to receive $1,278.46. There are two methods of allocation for the Shared Fisheries Business Tax. The first method involves a lengthy application process in which the applicants must show the impact to their local community of the fishing industry. Once impact is shown, half of the total amount to be distributed ($10,755.38 for FY2022) is divided equally amongst the communities, and the remaining half ($10,755.38 for FY2022) is distributed based upon the impact shown in their application. The second method permits all communities in Fisheries Management Area to elect an alternate method of allocation. This alternate method eliminates the lengthy community application process. Since inception of the Share Fisheries Business Tax Program in fiscal year 1992, the communities of the Cook Inlet Fisheries Management Area have selected the alternate allocation method. A resolution like 2022-02 has been adopted every year since fiscal year 1992 and is a required step to elect the alternate allocation method. The alternate method elected by the Cook Inlet Fisheries Management Area for FY22 will again include an equal distribution of one-half the total and the remaining half is distributed based upon population of the community. The ten communities in the Cook Inlet Fisheries Management Area Page 23 Page 2 of 2 Resolution 2022-02 Page 2 of 2 are Anchorage, Homer, Kachemak, Kenai, Kenai Peninsula Borough, Seldovia, Seward, Soldotna, Houston, and Palmer. Allocations to each community under the alternative allocation method will be the following: Anchorage $8,263.58 Kenai Peninsula Borough $2,760.85 Homer 1,233.19 Seward 1,147.29 Kachemak 1,090.67 Soldotna 1,196.67 Kenai 1,278.46 Houston 1,136.13 Seldovia 1,081.35 Palmer 1,247.03 Thank you for your consideration. Page 24 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2022-03 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE EMPLOYEE CLASSIFICATION PLAN TO CHANGE THE RANGE OF THE HUMAN RESOURCES DIRECTOR. WHEREAS, Ordinance 2022-2018 created the Human Resources Director position within the Department Head Service at a Range 21, which converts to a Range 26 in the City’s Fiscal Year 2022 Salary Schedule; and, WHEREAS, the Human Resources Department of the City is composed of one employee, the Director, who is responsible for administration of the City’s Human Resource functions as well as a medium-to-high volume of transactional support work; and, WHEREAS, the Human Resources Director position in the City has recently been vacated due to the retirement of the City’s first Human Resources Director; and, WHEREAS, the Human Resources Director job description was reviewed and improved upon to accurately reflect the essential duties and responsibilities of the position since its creation in 2018 to meet the City’s Human Resource needs; and, WHEREAS, the Human Resources Director role compares closely to the Department Head Class positions of Library Director, Planning Director, Senior Center Director, and Parks and Rec Director, all which have been assigned to range 23; and, WHEREAS, after reviewing and updating the job description and comparing the position to other positions in the City within the Department Head Service, an amendment in the range of the Human Resources Director from a 26 to a 23 is warranted; and, WHEREAS, making this amendment ensures that the range for the Human Resource Director accurately reflects the duties and responsibilities of the position comparable to other positions within the City and is adequate to recruit and retain candidates qualified to direct and coordinate the City’s human resource functions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council amends the Employee Classification Plan by changing the range of the Human Resources Director from 26 to 23. Section 2. That this resolution takes effect immediately upon passage. Page 25 Resolution No. 2022-03 Page 2 of 2 _____________________________________________________________________________________ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of January, 2022. __________________________________ BRIAN GABRIEL, SR., MAYOR ATTEST: ______________________________________ Michelle M. Saner, MMC, City Clerk Page 26 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: December 22, 2021 SUBJECT: Resolution 2022-03 – Amending Range of the Human Resources Director This resolution requests that Council amend the City’s Classification Plan by changing the range of the Human Resources Director from 26 to 23. This change aligns the position with other similar roles within the City, including the Senior Center Director, Library Director, Planning Director, and Parks and Recreation Director. The Human Resources Director position was created in 2018 through Ordinance 3022-2018 and will be vacant beginning December 28 with the retirement of the City’s current Human Resources Director. The initial classification has been reviewed based upon the current position description, which has been revised over time to accurately reflect the essential duties and responsibilities of the job, which includes director-level responsibilities as well as a medium-to-high volume of transactional support work and file maintenance, usually performed by support staff. The current position description and recommended classification at a range 23 accurately reflects the duties and responsibilities of the position, is equivalent to other director positions within the City and is comparable to similar positions in other places of public employment. Approval of Resolution 2022-03 will allow the City to hire a qualified candidate at a salary range appropriate for the position. Thank you for your consideration. Page 27 City of Kenai Council Meeting Page 1 of 13 December 15, 2021 KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 15, 2021 – 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 15, 2021, 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 James Baisden Henry Knackstedt Teea Winger Deborah Sounart Glenese Pettey Jim Glendening A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Terry Eubank, Finance Director Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel recognized that this would be the last meeting attended by City Clerk Jamie Heinz, presented her with a gift, and led a round of applause to recognize her service. MOTION: Mayor Gabriel noted the following additions to the packet: Add to item D.2. Ordinance No. 3257-2021 • Written Public Comment Add to item D.4. Ordinance No. 3259-2021 • Amendment Memo Page 28 City of Kenai Council Meeting Page 2 of 13 December 15, 2021 Add to item G.10. City Participation in UCIDA Lawsuit • Homer Resolution Add item G.11. FY2023 Budget Goals Work Session Request • Memo MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions, and requested UNANIMOUS CONSENT. Council Member Pettey SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Pettey SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS – None. C. UNSCHEDULED PUBLIC COMMENTS Carol Freas spoke from her previous experience as a City Clerk, thanking Jamie Heinz for serving the City of Kenai and noting the qualities that made her a great clerk. Susan Smalley also recognized Jamie Heinz’s service to the City, noting that in recent times there has been skepticism directed at election officials and the electoral process. Noted her experience as an election worker, and spoke to the high degree of integrity she observed. Thanked Clerk Heinz for her great work. April Orth noted that she had no criticism of election workers but does have criticism and questions regarding an ordinance which re-wrote parts of the election code, remarking that it is sloppy, huge, indiscernible, and should be re-written. She expressed concern that it may open the door for election fraud. Page 29 City of Kenai Council Meeting Page 3 of 13 December 15, 2021 D. PUBLIC HEARINGS 1. Ordinance No. 3256-2021 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Funds, Authorizing the Acceptance of a Grant from the Federal Aviation Administration for the Kenai Municipal Airport Sand Storage Facility Construction Phase II, and Authorizing a Budget Transfer in the Airport Improvements Capital Project Fund – Kenai Municipal Airport Sand Storage Facility Project to Facilitate the Return of Funds Advanced from the Airport Special Revenue Fund. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance 3256-2021 and Council Member Baisden SECONDED the motion. Mayor G abriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. It was noted that this has been reported on in the Peninsula Clarion. A summary of the project was provided, noting it is largely financial housekeeping. The project was split in two phases for available funding, and the second part appropriates these funds as was planned originally. Noted that the groundwork has started, and the building is planned to go up this summer. VOTE: YEA: Gabriel, Winger, Glendening, Baisden, Pettey, Sounart, Knackstedt NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3257-2021 - Accepting and Appropriating a Collection Equity Award from the Network of the National Library of Medicine Region 5 for the Purchase of Health and Wellness Titles for the Kenai Community Library Collection. (Council Members Knackstedt and Pettey) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3257-2021 and Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. Eileen Bryson explained her history of involvement with the library, noting her volunteer experience and Friends of the Library membership. She noted that Library Director Wolfe does a great job selecting books, and she hopes the Council supports her in this function of her job. Marion Nelson noted that many letters of support had been sent to Council, and encouraged Council to support the Library. Page 30 City of Kenai Council Meeting Page 4 of 13 December 15, 2021 Amy Murrell-Haunold noted that she had submitted written testimony to Council on this ordinance. She explained that selecting books is the Library Director’s job, and for anyone else to do so would be duplication of work and would waste taxpayer money. April Orth noted that the main concerns from the public regarding this ordinance were about the source of the funding and potential strings attached, and the intention was not to censor books. Barb Christian explained how the City’s Library code clarifies how materials should be chosen based on their value and aligns with the purpose of the grant. Kristine Schmidt asked Council to support the ordinance, and thanked City staff for their work obtaining these funds. Christine Hutchison requested clarification why the Library wants to accept the grant funds when the Friends of the Library raised more money. Mary Jo Joiner noted that she had submitted written testimony to Council on this ordinance, and encouraged the Council to accept the grant. Marion Nelson requested clarification regarding what the grant funds can be spend on, versus the Friends of the Library money. There being no one else wishing to be heard, the public comment period was closed. Clarification was provided about what the grant was for, noting that it was silent on titles. It was noted that libraries are great equalizers in the community, and that health and wellness titles become obsolete between 3-5 years or sooner. The health and wellness subjects of the grant were explained, and it was noted that the Library Director will make the decision on what books to purchase. Previously expressed concerns were discussed, and it was explained that the Library Director would not be choosing titles from a list and there were no strings attached to the grant. It was noted that it would not be equitable to our community to have outdated health materials. Director Wolfe was thanked for her expertise. VOTE: YEA: Glendening, Pettey, Baisden, Sounart, Winger, Knackstedt, Gabriel NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3258-2021 - Accepting and Appropriating Funding from the State of Alaska Department of Health and Social Services, Division of Public Health, for the Healthy and Equitable Communities Program, and Authorizing the City Manager to Execute a Memorandum of Agreement for this Funding. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3258-2021 and Council Member Baisden SECONDED the motion. Page 31 City of Kenai Council Meeting Page 5 of 13 December 15, 2021 Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. Clarification was provided that to construct the project as designed would not require approval from landowner, however the landowner’s approval would be needed for an extension of the trail. Administration will seek approval and procure an easement prior to construction. It was clarified that this will establish a capital project fund for this project, and the design of this project will not start for a while so there is time to procure the easement. Noted that capital projects don’t lapse, and carry over year to year. VOTE: YEA: Pettey, Baisden, Sounart, Winger, Knackstedt, Gabriel, Glendening NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 3259-2021 - Increasing Estimated Revenues and Appropriations in the General and Municipal Roadway Improvement Capital Project Funds, and Increasing a Purchase Order to Foster’s Construction for the 2021 Bryson Ave Bluff Erosion Repair Project. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3259-2021 and Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Ordinance No. 3259-2021 to make the following changes: • Amend the fourth Whereas by adding “as well as one additional section of storm water piping totaling thirty-five feet” after the word used. • Amend the fifth Whereas by adding “and the additional section of piping installed totals $16,065 for a total proposed Change Order 1 cost of $69,397.50,” after $53,332.50. • Replace $53,332.50 in Section 1 with $69,397.50. • Replace $363,107.50 where it appears in Section 1 with $379,172.50. • Replace $8,332.50 where it appears in the fifth Whereas and Section 2 with $24,397.50. Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE ON AMENDMENT: There being no objection; SO ORDERED. Clarification was provided on the error corrected by the amendment, and it was noted that the site will be topsoiled and hydroseeded this spring. Noted that effort and magnitude of the job are Page 32 City of Kenai Council Meeting Page 6 of 13 December 15, 2021 impressive. Clarification was provided on the amount of material for backfill, and that the energy dissipater will continue to be monitored for maintenance. VOTE ON MAIN MOTION AS AMENDED: YEA: Baisden, Sounart, Winger, Knackstedt, Gabriel, Glendening, Pettey NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 3260-2021 - Amending Kenai Municipal Code 13.40.010-Definitions, to Maintain Current Regulations on Off-Road Vehicle Use in Kenai After January 1, 2022. (Council Member Knackstedt) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3260-2021 and Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. Alex Douthit noted that he thinks the City could use the new State regulations as a guideline, but suggested Council look into it further and try to get more public comment on it. He also suggested the code be updated to be more user-friendly, and provided recommendations regarding speed limits in certain areas. There being no one else wishing to be heard, the public comment period was closed. Clarification was provided that when the new State regulations take place, the Kenai Police Department will regulate vehicles on City roads based on the new code definitions provided in this ordinance. It was noted that the Borough cannot make the same changes, presenting a situation in which City residents cannot access some recreational areas without breaking the law. It was noted that the proposed City code changes in this ordinance maintain the current public safety rules. The suggestion was made that this code could be revisited in the future, and potentially add an exclusion for the month of July during dipnet season. It was noted that there are time constraints on passing this legislation, but further updates could include lowering of speed limit and clarification for unpaved roads. VOTE: YEA: Pettey, Sounart, Knackstedt, Gabriel, Winger, Glendening, Baisden NAY: MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2021-71 - Amending the Employee Classification Plan to Change the Range of the Parks and Recreation Director. (Administration) MOTION: Page 33 City of Kenai Council Meeting Page 7 of 13 December 15, 2021 Council Member Knackstedt MOVED to adopt Resolution No. 2021-71 and Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. Clarification was provided that this modification would change the classification for Parks & Recreation Director, noting that when reviewing the position description, Administration had found it would be most appropriate in range 23. Clarification was provided on the differences between classified services vs. Department Head services, and that the Parks & Recreation Director position would now be in the Department Head services. It was noted that there has been a candidate selected for the position. Administration had only made minor changes to the job description. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of December 1, 2021. (City Clerk) 2. Approved by the consent agenda. F. UNFINISHED BUSINESS 1. Resolution No. 2021-64 - Awarding an Agreement for the Kenai Waterfront Redevelopment Assessment and Feasibility Study. (Administration) [Clerk's Note: At the November 3, 2021 Meeting, this item was Postponed to this meeting; a motion to enact is on the floor.] It was noted that the resolution had been postponed because the newly seated Council Members had not yet had an opportunity to meet with Administration on this issue and wanted to receive more information before making a decision. Clarification was provided that this would only award a contract to McKinley Research Group, and was not a discussion of appropriation. Concerns were shared about the scope of the waterfront study, that it would look at private property and could be government overreach. The view was expressed that the City should focus only on City lands instead of private property; that if the City studies opportunities for waterfront private property then it should also offer development studies for all private property in the City, which would be a slippery slope. The Request for Proposal (RFP) process prior to this resolution was reviewed, noting that McKinley Research Group’s proposal was determined to be the best of three submissions. It was clarified that this occurred after Council directed Administration to go after an RFP, and the funds for this contract have already been appropriated by ordinance. Page 34 City of Kenai Council Meeting Page 8 of 13 December 15, 2021 The Council discussed the purpose of waterfront development and the feasibility study, noting that there will be no burden on private property owners. Explained what the feasibility study will offer, noting that it is the first step of a process which can help bring people to Kenai. Noting the amount of private land in this area, concerns were expressed whether these landowners will buy into the vision presented by the feasibility study, whether the study would be a loss of taxpayer funds and potentially government overreach. It was noted that support for the project was expressed by private landowners at the City Council work session on this subject, and there had been enthusiasm to partner with the City on a developmental plan. Noted that the City had gone through the proper processes of receiving public feedback, approving funds for the study, and obtaining RFP proposals. It was noted that Council’s waterfront revitalization work session was only one hour long, and that not all private landowners in this area had provided feedback on this issue yet. It was suggested that there are other City-owned lands which should be considered for development, and that the waterfront feasibility study should limit its focus to City assets. Doubt was expressed whether private landowners will agree with the City’s vision of their land, and if not the study could be a loss of funds. It was reiterated that the feasibility study would not require landowners to do anything they don’t want to do, and only presents a possible development strategy. Noted that the consultant will be meeting and working with the property owners to discuss possibilities, and there will be additional public hearing on this subject. Clarification was provided that the initial timeline for waterfront revitalization provided by Administration was a plan for the feasibility study as well as economic incentives. It was noted that work has already been done on some of these incentives, but further progress will be made after working with the feasibility study consultants; the intention is to encourage business ventures beyond just the waterfront area. Clarification was provided that a feasibility study had been done for Airport lands, which provided direction for how the City could incentivize development there. After this study, the City had hired an airport consultant which helped lead to further development. VOTE: YEA: Sounart, Knackstedt, Gabriel, Glendening, Baisden, Pettey NAY: Winger MOTION PASSED. G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. Page 35 City of Kenai Council Meeting Page 9 of 13 December 15, 2021 2. *Ordinance No. 3261-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of a Hold Locker. (Administration) Introduced by the consent agenda and Public Hearing set for January 5, 2022. 3. *Ordinance No. 3262-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of Steam Kit Shelving, Library Materials, and Other Items. (Administration) Introduced by the consent agenda and Public Hearing set for January 5, 2022. 4. *Ordinance No. 3263-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) Introduced by the consent agenda and Public Hearing set for January 5, 2022. 5. *Ordinance No. 3264-2021 - Accepting and Appropriating Asset Forfeiture Funds Provided to the City of Kenai through the State of Alaska Department of Public Safety. (Administration) Introduced by the consent agenda and Public Hearing set for January 5, 2022. 6. *Ordinance No. 3265-2021 - Increasing Estimated Revenue and Appropriations in the General Fund and the Parks Improvement Capital Project Fund for Additional Kenai Dog Park Funding. (Vice Mayor Glendening and Council Members Winger and Baisden) Introduced by the consent agenda and Public Hearing set for January 5, 2022. 7. Action/Approval - Special Use Permit to American Red Cross of Alaska for General Office Space. (Administration) Clarification was provided that the Red Cross has been using approximately 475 square feet of office space on the 2nd floor of the Beacon Facility for the last year at no cost, and issuing them a Special Use Permit for this space would be more appropriate than a lease. Noted that one change is that they are now paying for their utilities. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to American Red Cross of Alaska for General Office Space, and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested. Page 36 City of Kenai Council Meeting Page 10 of 13 December 15, 2021 VOTE: There being no objection; SO ORDERED. 8. Action/Approval - Council Confirmation of Mayoral Nominations to the City's Commissions and Committee. (Mayor Gabriel) MOTION: Council Member Knackstedt MOVED to approve the Mayoral nominations to the City’s Commissions and Committee. Council Member Pettey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. 9. Action/Approval - Confirmation of Mayoral Nominations for Appointment to the Planning and Zoning Commission. (Mayor Gabriel) MOTION: Vice Mayor Glendening MOVED to postpone the Mayoral nominations to appointment to the Planning and Zoning Commission until January 5, 2022, and Council Member Winger SECONDED the motion. VOTE: YEA: Winger, Glendening, Baisden, Sounart NAY: Knackstedt, Gabriel, Pettey MOTION PASSED. 10. Action/Approval - City Participation in UCIDA Lawsuit. (Mayor Gabriel) MOTION: Council Member Winger MOVED to approve the City’s participation in the UCIDA lawsuit, and Council Member Baisden SECONDED the motion. An explanation was provided that the United Cook Inlet Drift Association (UCIDA) lawsuit is in response to the closure of the Exclusive Economic Zone (EEZ) to commercial fishing. It was noted that the EEZ is a section of the Cook Inlet which is managed by the federal government per the Magnusen-Stevens Act. Council has previously passed two resolutions opposing this closure, and Administration suggested they may be interested in filing an amicus brief in support of UCIDA’s lawsuit if they agree with UCIDA’s argument that the federal government’s findings were incorrect that there would be little economic impact to the City of Kenai. The participation of other municipalities were noted, and it was suggested that an amicus brief be filed jointly between them. It was noted that Council understands the vital importance of the fishery and the burden that this closure would put on the community. Page 37 City of Kenai Council Meeting Page 11 of 13 December 15, 2021 Robert Ruffner spoke on behalf of the Alaska Salmon Alliance, and noted that he supports Administration’s summarization of the issue and suggestion to pursue this; noted that the City should respond when they disagree with how these waters are managed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 11. Discussion – FY2023 Budget Goals Work Session Request. (Administration) It was noted that this is a change of budgetary process from previous years, in that this year the goals and priorities for FY23 would be brought to Council as recommendations from Administration to be considered by the Council and public prior to development of the budget. The guidance received would then be formally adopted via resolution, and distributed by the City Manager to Department Heads. Noted it would be a benefit to receive expectations from Council and the public prior to creating the budget document. Clarification was provided that inflationary pressures in this country may lead to potential strains on the budget, and it is imperative to get Council’s thoughts on how to approach these issues. Council scheduled a work session for January 10, 2022 at 5:00 pm. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging – No report. Next meeting January 13, 2021. 2. Airport Commission – Council Member Baisden noted that there was a work session on December 9, 2021. Next meeting January 13, 2022. 3. Harbor Commission – No report. A Special Meeting will be held in January, date to be determined. 4. Parks and Recreation Commission – No report. Next meeting on January 6, 2022 will be a joint meeting with the Beautification Committee. 5. Planning and Zoning Commission – Council Member Winger reviewed the actions of December 8, 2021 meeting. Next meeting December 22, 2021. 6. Beautification Committee – Council Member Sounart reviewed the actions of the December 14, 2021 meeting. Next meeting on January 6, 2022 will be a joint meeting with the Parks & Recreation Commission. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attended a meeting with the sea belt communities to come up with priorities for these communities; Page 38 City of Kenai Council Meeting Page 12 of 13 December 15, 2021 • Administered the Oath of Office to City Clerk Michelle Saner. J. ADMINISTRATION REPORTS 1. City Manager – City Manager Ostrander reported on the following: • Testified along with Vice Mayor Glendening at the Kenai Peninsula Borough Assembly meeting of December 7, 2021 regarding an ordinance that would expand the Borough’s Planning Commission, reviewed the legislative changes; • The Governor’s budget includes $6.5 million for City of Kenai’s bluff stabilization project; thanked Governor Dunleavy and his staff, especially Regional Director Jill Schaefer. 2. City Attorney – No report. 3. City Clerk – Mayor Gabriel noted that it was City Clerk Jamie Heinz last Council meeting, and presented her with a gift. City Clerk Heinz reported on the following: • Expressed appreciation for the City Council and Administration; • Noted that there were funds in the legislative budget for the Kenai Peninsula Economic Development District’s (KPEDD’s) Industry Appreciation Day event which did not occur this year, and asked whether the additional funds could be donated for KPEDD’s Industry Outlook Forum event. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Pettey thanked City Clerk Heinz and wished her best of luck. Wished everyone Merry Christmas and Happy New Year. Council Member Sounart thanked City Clerk Heinz and wished her best of luck. Wished everyone Merry Christmas and Happy New Year. Noted she attended Kenai Central High School choir concert. Vice Mayor Glendening noted that the testimony provided by himself and City Manager Ostrander regarding representation on the KPB Planning Commission was well received, and he was pleased with the response. Wished everyone Merry Christmas and Happy New Year. Council Member Winger thanked City Clerk Heinz and wished her best of luck. Noted upcoming Shop with a Cop event. Discussed a social media initiative to find the person who helped a child after a snow machine accident so that the family can thank them, and noted the importance of wearing helmets. Stated she is looking forward to the upcoming year, and wished everyone Merry Christmas and Happy New Year. Council Member Baisden thanked City Clerk Heinz and noted he looks forward to working with the new City Clerk Shellie Saner. Noted Kenai Central High School’s upcoming basketball tournament, and wished everyone Merry Christmas. Page 39 City of Kenai Council Meeting Page 13 of 13 December 15, 2021 Council Member Knackstedt noted it had been wonderful working with City Clerk Heinz and thanked her for her help. Noted he had provided written testimony to the Assembly regarding the KPB Planning Commission ordinance. Wished everyone Merry Christmas and Happy New Year. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Letter from the Alaska Association of Municipal Clerks 3. CIRCAC Director's Report 4. Thank you letter to GLM 5. Thank you letter to Pioneers of Alaska There being no further business before the Council, the meeting was adjourned at 9:33 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 15, 2021. _____________________________ Meghan Thibodeau Deputy City Clerk Page 40 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: December 8, 2021 SUBJECT: Planning & Zoning Commission Vacancy The Planning & Zoning Commission will have two vacancies as of December 31, 2021 due to terms ending. All requirements pursuant to Code have been met to fill these vacancies. Applications received for consideration are attached to this correspondence. Pursuant to KMC 14.05.015 (b),”… the Mayor shall make nominations only from the list of persons who timely submitted an application…” and, as per KMC 14.15.015 (c), “… The Kenai City Council shall review the Mayor’s nomination no later than the next regular Council meeting following the meeting in which the Mayor made the nomination…” Mayor Gabriel has nominated Jeff Twait and Gwen Woodard for reappointment to the Planning and Zoning Commission. Council shall consider confirmation of t he Mayor’s nominations no later than the January 5, 2022 meeting. Page 41 From:Jeff Twait To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Wednesday, November 10, 2021 6:05:06 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Wednesday, November 10, 2021 - 6:04pm Submitted by anonymous user: 24.237.158.248 Submitted values are: Date Wed, 11/10/2021 Name Jeff Twait Resident of City of Kenai? Yes If resident, how long? 30 years Residence Address 1808 Julie Anna Drive Mailing Address 1808 Julie Anna Drive Home Telephone 9073984624 Home Fax Business Telephone 907-398-4624 Business Fax Email address cornerstonecustomhomedesigns@gmail.com May we include your contact information on our website? Yes If not all, what may we include? Employer Cornerstone Custom Homes & Designs Job Title Owner Name of Spouse Heather Morning Current Membership Organization Kenai Peninsula Builders Association Past organizational memberships Committees or commissions in which you are interested Planning and Zoning Why do you want to be involved with this commission or committee? Help craft planning and zoning policy in our community What background, experience, or credentials do you possess to bring the board, commission, or committee membership? 15 years as a member of the Commission The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9371 Page 42 City of Kenai Committee/Commission Application Revised 08/2020 X:\Forms\Clerk\Committee-Commission Application.doc COMMITTEE/COMMISSION APPLICATION City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: 283-8231 Fax: 283-5068 Email:cityclerk@kenai.city Personal Information Name: Date: Resident of the City of Kenai? Yes No How Long? Name of Spouse: Employer: Job Title: Contact Information Residence Address: Mailing Address: Email Address: Home Phone No.: Home Fax No.: Business Phone No.: Business Fax No.: May we include your contact information on our webpage? Yes No Yes, but not all Please specify what we can include on our webpage: Affiliations Current membership in organizations: Past organizational memberships: City committee or commission in which you are interested: Why do you want to be involved with this Committee or Commission? What background, experience, or credentials do you possess to bring to the commission or committee membership? FOR CITY USE ONLY ROUTING:  Clerk’s Office DISTRIBUTION:  City Council  File Gwen Woodard 11/24/2021 54 years Michael Woodard Retired 702 Cypress Dr 907-283-7708 n Address, home phone Republican Women of the Kenai, Precinct leader #220 Planning & Zoning (continued) I've served on the Commission for nearly a year and have found it gratifying to participate in the future of our community. I don't have the construction background of several of the Commissioners but feel I add the outlook of a local retailer (past) and homeowner. Page 43 From:Victoria J. Askin To:City Clerk Subject:Form submission from: Commission/Committee Application Date:Wednesday, October 13, 2021 8:05:34 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Submitted on Wednesday, October 13, 2021 - 8:05pm Submitted by anonymous user: 209.112.186.112 Submitted values are: Date Wed, 10/13/2021 Name Victoria J. Askin Resident of City of Kenai? Yes If resident, how long? 37 years Residence Address 2520 Watergate Way Mailing Address PO Box 178 Home Telephone 9+07-283-3972 Home Fax 907-283-3972 Business Telephone 907-283-138 Business Fax 907-398-1308 Email address ectt@ptialaska.net May we include your contact information on our website? Yes If not all, what may we include? Employer Hilcorp Alaska LLC Job Title I & E Technician Name of Spouse Marty Current Membership Organization None Past organizational memberships LEPC, Harbor Commission, Planning & Zoning Commissions, City Council Committees or commissions in which you are interested Harbor, Planning & Zoning, Airport, Parks & Rec Why do you want to be involved with this commission or committee? Have served on both Harbor and Planning and Zoning, enjoyed both, Planning and Zoning being my favorite. Harbor is of interest now because of the potential waterfront activity happening in the next year. What background, experience, or credentials do you possess to bring the board, commission, or committee membership? Prior experience along with employment experience that is pertinent to both Harbor and Planning and Zoning. The results of this submission may be viewed at: https://www.kenai.city/node/2601/submission/9201 Page 44 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JANUARY 5, 2022 VENDOR DESCRIPTION PERS PERS REBORN AGAIN JANITORIAL NOVEMBER SERVICES INVESTMENTS VENDOR DESCRIPTION DEPARTMENT VARIOUS AIRPORT MATURITY DATE ACCOUNT AMOUNT LIABILITY 87,241.54 REPAIR & MAINTENANCE 4,231.25 AMOUNT Effect Int. Page 45 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Meghan Thibodeau, Deputy City Clerk DATE: December 13, 2021 SUBJECT: Marijuana License Transfer The Alcohol & Marijuana Control Office has sent notification that the following applicant has requested a license transfer: • Herban Extracts, LLC d/b/a Herban Extracts Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. A review of City accounts has been completed and the applicant has satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the request for the renewal of the Standard Marijuana Cultivation Facility and the Retail Marijuana Store will be forwarded to the Alcohol & Marijuana Control Office and the applicant. Your consideration is appreciated. Page 46 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 11/23/2021 9:51:41 AM (Form Submission) Approve by Jeremy Hamilton 11/23/2021 9:53:36 AM (Fire Marshall Review) Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Decemb er 2, 2021 5:00 PM 11/23/2021 9:51 AM Approve by Scott Curtin 12/1/2021 4:22:12 PM (Building Official Review) Th e task was assign ed to Scott Curti n. Th e du e date i s: Decemb er 2, 2021 5:00 PM 11/23/2021 9:51 AM Approve by Dave Ross 11/23/2021 10:22:49 AM (Police Department Review) Th e task was assign ed to Dave Ross. The d ue d ate is: December 2, 2021 5:00 PM 11/23/2021 9:51 AM Approve by Tina Williamson 11/23/2021 11:45:15 AM (Finance Asst Review) Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Decemb er 2, 2021 5:00 PM 11/23/2021 9:51 AM Approve by Cindy Herr 11/23/2021 12:41:11 PM (Legal Asst Review) There are no monies owed in traffic fines or restitution. Th e task was assign ed to Cin dy Herr. The d ue d ate is: December 2, 2021 5:00 PM 11/23/2021 9:51 AM Approve by Ryan Foster 12/9/2021 5:00:38 PM (Lands Review) Jami e Hei nz reassi gned th e task to Ryan Foster 12/1/2021 1:37 PM Th e task was assign ed to Wilma An derson. Th e du e date i s: Decemb er 2, 2021 5:00 PM 11/23/2021 9:51 AM Approve by Terry Eubank 12/10/2021 11:06:32 AM (Finance Review) Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Decemb er 20, 2021 5:00 PM 12/9/2021 5:00 PM Approve by Scott Bloom 12/10/2021 9:22:49 AM (Legal Review) Th e task was assign ed to Scott Bl oom. Th e du e date i s: Decemb er 20, 2021 5:00 PM 12/9/2021 5:00 PM Approve by Ryan Foster 12/9/2021 5:01:33 PM (P&Z Department Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: December 20, 2021 5:00 PM 12/9/2021 5:00 PM Page 47 AMCO License Application Date Lice nse Type Lice nse e Doing Busine ss As Pre mise s Addre ss City, State Contact Lice nse e Contact Phone No.Contact Email Name Phone No.Email File Upload 11/23/2021 Establishment Information Marijuana Product Manufacturing Facility Herban Extracts LLC Herban Extracts LLC 14927 Kenai Spur Highway Kenai, AK Contact Information Lisa Coates 907-252-4755 buddy@907maryjane.com Additional Contact Information Buddy Crowder 907-617-7669 buddy@907maryjane.com Documents Page 48 14432 DEC Food Safety.pdf 1.18MB 14432 Entity Documents.pdf 3.87MB 14432 MJ-00 Application Certifications.pdf 1.73MB 14432 MJ-07 Public Notice Posting Affidavit.pdf 998.75KB 14432 MJ-08 Local Government Notice Affidavit.pdf 804.32KB 14432 MJ-09 Statement of Financial Interest_Redacted.pdf 4.11MB 14432 MJ-17c Transfer Application.pdf 2.04MB 14432 MJ-17d Unaltered Operating Plan and-or Premises Affidavit.pdf 1.43MB 14432 POPPP.pdf 1.98MB 14432 Publisher's Affidavit.pdf 1.46MB 14432 Transfer Local Government Notice.pdf 265.33KB Page 49 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Seventh Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 19, 2021 City of Kenai Attn: City Clerk VIA Email: cityclerk@kenai.city Kenai Peninsula Borough Attn: Borough Clerk Via Email: jblankenship@kpb.us CC: micheleturner@kpb.us tshassetz@kpb.us sness@kpb.us mjenkins@kpb.us btaylor@kpb.us MAldridge@kpb.us slopez@kpb.us ncarver@kpb.us JVanHoose@kpb.us License Number: 14432 License Type: Marijuana Product Manufacturing Facility Physical Address: 14927 Kenai Spur Highway Kenai, AK 99611 Transferor: Herban Extracts, LLC Doing Business As: Herban Extracts, LLC Designated Licensee: Lisa Coates Phone Number: 907-252-4755 Email Address: buddy@907maryjane.com Transferee: Herban Extracts, LLC Doing Business As: Herban Extracts, LLC Designated Licensee: Buddy Crowder Phone Number: 907-617-7669 Email Address: buddy@907maryjane.com ☐ Transfer of Ownership Application ☒ Transfer of Controlling Interest Page 50 AMCO has received a complete application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.045(c)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the transfer, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license. 3 AAC 306.010, 3 AAC 306.080, and 3 AAC 306.250 provide that the board will deny an application for a marijuana establishment 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 January 19-21, 2022 meeting. Sincerely, Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov Page 51 )8,\j<Zj]8:Zj6MVHj Č .ČČČ(ČČČ £ Č(ČČ hČ 3òùČNČ ¤RÜ Î1ČČ ČČäČ &E5,Z5jJM\5j\8,\jF:.5JZ5j ,jZ5Q,W+^5j.NHQD5\53j./j ,´PČEÒ¥Č EÞ»Èþ5ČÓößPČ//¼,Č rs>ČČzVČU-Ôÿ§[Č ĀM÷-Čgw?Č 5,µ$à°-\ČBČ }t@Č áÉ:"#Õ&M50 &Ê:0$Č D+YA+j#+S9>_+I+jLI[TLDjL+U2j ¶&~!!)))b$#â"#&Ë0$Ą!)#!"Č ·Ö¨Č >{;kx ;?nuČ ¸Č Č 7Č Č9QČ.ČČ QOāČ½LČÍ"×ČČoČ+BČ pAy<AqvČL3Č7ð Č Č ČĂGČøČ+DXČÑČJ.]Č 1ČąČ Č 8*ČS ČñČČ SČ ČČú õ¯ãČ Č92^Č(±ČČ 1©Čû2üČ Č2Č *_Č Ć ČČ¾7Č*ČČD¿O Čï ČC cČ iZjZ55B<J7j\Mj.8,J75j.MJ\WMEF9J7j:J\5W5Z\jM6j,Jj5J\;\ej\8,\jMdJZjH`F\<PG5jE:.5JZ5ZjH`Z\jZb-H<\j QfjO6j^89Zj6MXHj,J3j\85j W5R`<W53jZaQQF5H5J\,Ej3M.`H5J\Zj,J3j655Zj6MWj5,.8jE:.5JZ5j åČ æÀČ ČČ¡iČĊ`çªØýČČ Č Č NČ !<05JZ55j ,@(&<KIC@&)DBK85-K "915JZ5j%aH-5Wj 7 K !:.5JZ5j(gQ5j &@26G&<&K @>+G*DK &<G0&*EGA3<1K&*483FJK M<J7j`Z:J5ZZjZj !K%#!$"KK &W5H<Z5Zj33W5ZZ j K,=&4K"?G@KHJK <\f j .<&4K '\,\5j ?j *&j K H,:Fj !M.,EjMc5WJH5J\j .<'4K Kă4F%Č6ć%óÏČ ÁÝČèF'%é'IêČ6IČHÚ%6Ð4ÂKČÃ8'ČÄČ¹Č 4ÅH'¦ČÆĉ RČ ëČJ8ČÙČeĈČÇČÌ3²ČTČČ<ČČ(Č ¢WČ ČČôČ®ČČC+Č Č 9aČČ º ČG*ČČT ìdČ !:.5JZ55j F,ZC,jJ\:\fj @j $,=F<J7j33W5ZZj :\h j '\,\5j * &j M<J7j`Z<J5ZZjZj bZ<J5ZZj!:.5KZ5j `Z<J5ZZj&8MJ5j 5Z:7J,\54j!<.5JZ55j MJ\,.\jH,<Fj &8MJ5j ÛíČ Yî«UČ@ =l|=mfjċZČ ³¬Č /Č Herban Extracts, LLC 10064893 410 Magic Avenue Kenai Alaska 99611 Herban Extracts, LLC 1058315 907-252-4755 Buddy Crowder buddy@907maryjane.com 907-252-4755 Received by AMCO 5.10.21 Page 52 D_cSNcxtqLS<7>3TSSQMItStcctNmQct[INx~}xIcxtmcqcSQncILbncNxq}It893 }ItS~_b} xmcqcSQ }ItS_c}_IcI}}nct\VxImcNStS@xnS}x}cSx~_xmQlc}xASNbxt"T9RT9I(JRT=#%(*4T(HT9=I'BT9I)IRTS=OT8OHI (96OTI'T T 9I*IRT=TICTNIT9I+IRT(:TI'T9I*IRT$/+6T8T05TII'TTH?BIT=8?5IT=?RT= TI'+HT?&TI'ITD2HT=Q9T K'T=Q9FH',?T,9"=B8I,=9T =BTL'IT9I*IRT9THO8,MTI'THO??689I5T=O89IHT9T!+9&E@F+9IT!HT6(HIT=;T=F8T T GAO(FT"=BT'T*9(P,O6T9I,IST=!!++5T 9I+IST=O89IHT8OHITTHO8-IIT"=FT'T9I+IST61HIT=9TI'+HT"=B8T 6VqxS}INSdtSSQSQ}mISIIN_IQQccxuImNxq}mSSQNx}cSxV`e}I]S "TI'T??5*9IT(HTTNx#TI'T??6.9IT+HTTncrf "TI'T??5+9IT(HTTzI 4wg<XXgOgJo;JsT EgoT 4sJho :Jgmiw^0RRT 1g 4wg<XXgOgJo;JsT EgoT 4sJio :Jjmgw^0RRT 1g 4wg<ZgOgJo;JsT" FgoT# 4sJgo :Jgpgw^0RRT 1g 5wg<WXgOiJo;JsT- EgoT 4sJgo :Jgmiw^0RRT' 2c( 4wg<YYgPgJm;JsT* EgoT 4sJgo- :Jgmgw^0RRT. 1g xIcxt5,HIT'T #, #, #( #, , *#, ,+, ,(, #! #) %,%) SQmcILcmcNxqyIt6+HIT'T#, ,+, *$%!,(#&(, , ,# tS_c{=BTmcqcSQ?I~tS_c? 6+HIT'T!#(#, ,+,(#'(, ,,#,"#(# )5B+J>+C/BJ *+<+0/?J*/;B/?J =a|wT ;+@I6+</0;+2:,>;J J*+03,JE/J (/<+2J BJT D--HJ?>G./?J *+<+0/?J*/;B/?=a|wT BD--I;+?I6+</,>;J J *+02,JE/J (/<+2J BJT! J =a|wT$ $J BJT# %J =a|wT CKU) &J =a|wT+ BJT/ J (J J 9(J !J J 'J <vTR J G7=7J J "J <wTR H7=J <wTR%#J H7= k <wTR&%J <wTR, H7>- Received by AMCO 5.10.21 Page 53 2"(+&6"6""6"6 (+.6"6$.(6 (0"6+.+ ".+ 6 FĦ$ĦĦ#ĦúĦ0Ħ ¹Ħ"ĦĦ@ĦĦ "Ħ. Ħ#Ħ$Ħ° Ħ@ĦÙ(Ħ ÌĦĦ ĦĦ $Ħ 6Ħ äĦ2 Ħ ĦĦ. ºĦĦ%ăèĦ 6,6,%,636 #10,6,6.6 ##6".)-.646#,6#0!*, 6#6#-6/5'-6 ==7&±RĦě&ÓĦĦ !--Ħ HĦ ¡Ħ HĦ ¢Ħ FĦ8ĦĦĦ6ĦĦĦĦ (ĦĦ Ħ< ĦĘĦ ZĦĦ(""ĦQĦ ĄĦ0Ħ %,+¤Ħ" Ħ -Ħ[¨!\aĦ)&!²;!Ħ ĦĦ Ħ-Ħ Ħ')'ę')7éĦ)Ħ ĦA!Ħ '!Ħ7 A'ģ'Ħ §)ĦÔĦ;&ĦIêĜbĦ)ĦĦ Ħ!RNĦĠ7ûĦ&'&;!Ħ&Ħ ĦIĝĦĦ ĦASN Ħ-Ħ Ħ!=Ħ Ħ 4$Ħ Ħ<Ħ>"Ħ Ħ Ħ^ĦĦ ĦDĦ%%+ĦD9i9z9`Ħ#ĦĦ ĦĦđ Ħ.á³ jĦ /Ħ? ĦÅĦ/ĦWĦ ÚĦ´ X"ĦĦ4ĦĦĦ Ħ,gu2ĦĦ ĦĦĒĦÍ6 kĦ 1Ħ *M$ĦĦ1Ħ 6 ĦĦĦ?# OĦĦĦ ĦĦĦL ĦĦ$ĦĦL Ħ#*»Ħ2ġĦ%,+£Ħ ĦPĦ MĦåYĦĦ ĦĦY Ħ : ĦĦ# ĦĦZĦ/µĦ ąlĦ PĦ Ħ#Ħ.ĦĦ ĦW ¼Ħ®$ĦÕĦ, æĦ+ĦĦ ĦüĦÆĦĦë mĦ <Ħ ĆĦĦøì:BĦÎĦĦ ýÛçĖĦ Ħćē¯5:ĈQ ĦTÜ¶CĦ1Ħ ½5Ħ3Ħ8ĦÇĦ"0ĦÏ5*ÐâBĦĔÖĕĦ 1Ħ ×#Ħ3Ħ«3ĦUĦÈ /*Ħ 0Ħ%GĦvnEĦ(Ħ}Ħ%+ĦErĦ cĦ (Ħ ĦØĦ CĦS5ÑĦTĦ >8*OĦ/"Ħ¾Ħ îBdĦ ĦĂėeĦþfĦ ñ3ĦU?.oĦ ¥*(Ħ ĦÉĦXċĦ ĢĦôVVÝĉĊÞõòĦĞùßÿÁĥwĦ ĤĦ,$Ħ ïĦğ>à@ČĦ Ê GJč2Ħ¿ĦĎ0ĦĦJ4ÂĦ Ħ ďĦÀ8Ħ4Ħ ©öĀðĦ hx·ªĦ_āÃĚĦsp|q{tyĦ íã¸KóĐK]Ħ¦¬ÒÄĦ~Ħ÷ËĦĦ Attorney Jana Weltzin and Staff Received by AMCO 5.10.21 Page 54 " " """ "!" " "" " " "" " " " " "" " " 2Ěµ:¦ĚÔ;Ě-ăĚ Ě|Ě 1 Ě/4Ě§ĚĚ |æ Ë& Ěp- Ě¨Ě" "ĚĄd¹Ěďqº >Ě9ô$Ě2Ě Q'8 Û©)ĚW;?Ě50Ě2ĚªĚ !6ĚXĐ.?Ě9WõĚ68?çĚ!7Ě Ěn n8ą èĚ,éĚ07ĚY k@Ù(l&Ě(>w>Ě%Ě0Æ^Ě²đr<l0)"Ě:ÕXö6]Ěxx"Ě R-- ĕĚ Ě!$ĚpÀ<Ě byĚ eĚ Øf ĚÜĚzQĆĚćÇĚf *Ì ĚĚÈg Ěb siĚÍĚ@ĒĚZ ê.Y@BĚ ¶Ě[+ä:Ĉ_Ě HÎĚi»Ě Ěë«÷.Ě & RzAĚtĚm%Ě#Á$v ìĚ Ií!Ě®*ĚÃĚĊ;#ßú%aîĚ '&TAð½ĚcĚñTàatâòĚ """!" !$++%(+ ++ *+ && +)"#'+ +'=øÏ,ÝĚ ¼~oÐq_ùĚ A/Z^ĚĚ 1 r Ě{ ĚÄ Ě+Ě7wĚ¬"Ě%ĘĚĚĚM3ĚĚCãĚ G,y.ĚIēU9\ĚeÞĚS ĚuĚdĚĉ`ĚÂĚE)4/ÖĚ FĚ³ j*(/=h, kĚ`Ėog$ĚJKĚĚ }Vû´ïÑĚS Ěü1u ĚċĚÅ<Ě*Ě{ĚOLĚ]¯"Ě ĚNMKĚ¥BĚ DCĚ ¡ĚĚ GmČvĚHĔU)h[ĚÒáĚ#·Ě ĚÉ¾Ěč°ĎĚ ĚE4ý×5Ě FėĚ\+jþÿ' Ě~å(óĀĚ3N3ĚLĚ }V=Ó±Ě5Ěā1Ě!Ě sĚÚ¿ĚÊĂĚO¢Ě¸#"ĚcĚPJPĚęĚDĚ£¤ĚĚ " " Received by AMCO 5.10.21 Page 55 144 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 1, 2021 Sent via email: jheinz@kenai.city City of Kenai Kenai City Hall RE: Application for Marijuana Product Manufacturing Facility Business Name : Herban Extracts, LLC License Location : Kenai/14927 Kenai Spur Highway, Kenai, AK 99611 License No. : 14432 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: buddy@907maryjane.com Page 56 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Meghan Thibodeau, Deputy City Clerk DATE: December 15, 2021 SUBJECT: Liquor License Renewal The following establishments submitted an application to the Alcohol and Marijuana Control Office for renewal of their liquor licenses: • Country Liquor, LLC D/B/A Country Liquor • Walmart Inc. D/B/A Wal-Mart Supercenter #4474 • American Legion Post 20 D/B/A George H. Plumley Memorial Post 20 American Legion Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisf ied all obligations to the City. With the approval of Council, letters of non-objection to the liquor license renewals will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. Page 57 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 12/7/2021 6:00:12 PM (Form Submission) Approve by Jeremy Hamilton 12/13/2021 10:29:24 AM (Fire Marshall Review) Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Decemb er 16, 2021 5:00 PM 12/7/2021 6:00 PM Approve by Scott Curtin 12/15/2021 4:21:44 PM (Building Official Review) Th e task was assign ed to Scott Curti n. Th e du e date i s: Decemb er 16, 2021 5:00 PM 12/7/2021 6:00 PM Approve by Ben Langham 12/7/2021 6:04:43 PM (Police Department Review) Meghan Thib odeau reassi gned th e task to Ben Lan gham 12/7/2021 6:01 PM Th e task was assign ed to Dave Ross. The d ue d ate is: December 16, 2021 5:00 PM 12/7/2021 6:00 PM Approve by Tina Williamson 12/8/2021 9:33:06 AM (Finance Asst Review) Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Decemb er 16, 2021 5:00 PM 12/7/2021 6:00 PM Approve by Cindy Herr 12/8/2021 9:55:46 AM (Legal Asst Review) No monies owed in traffic fines or restitution. Th e task was assign ed to Cin dy Herr. The d ue d ate is: December 16, 2021 5:00 PM 12/7/2021 6:00 PM Approve by Ryan Foster 12/9/2021 5:03:12 PM (Lands Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: December 16, 2021 5:00 PM 12/7/2021 6:00 PM Approve by Terry Eubank 12/10/2021 11:06:04 AM (Finance Review) Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Decemb er 20, 2021 5:00 PM 12/9/2021 5:03 PM Approve by Scott Bloom 12/10/2021 9:22:37 AM (Legal Review) Th e task was assign ed to Scott Bl oom. Th e du e date i s: Decemb er 20, 2021 5:00 PM 12/9/2021 5:03 PM Approve by Ryan Foster 12/9/2021 5:03:56 PM (P&Z Department Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: December 20, 2021 5:00 PM 12/9/2021 5:03 PM Page 58 AMCO License Application Date Lice nse Type Lice nse e Doing Busine ss As Pre mise s Addre ss City, State Contact Lice nse e Contact Phone No.Contact Email Name Phone No.Email File Upload 12/7/2021 Establishment Information Package Store Country Liquor LLC Country Liquor 140 South Willow Suite C Kenai, AK Contact Information Benjamin Jackinsky 907-283-7651 benjaminjackinsky@acsalaska.net Additional Contact Information Documents 1308 Complete Renewal App.pdf 4.39MB 1308 LGB Renewal Notice.pdf 195.96KB Page 59 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 7, 2021 City of Kenai, Kenai Peninsula Borough Via Email: cityclerk@kenai.city; mjenkins@kpb.us; jvanhoose@kpb.us; sness@kpb.us; cjackinsky@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; jblankenship@kpb.us Re: Notice of 2022/2023 Liquor License Renewal Application License Type: Package Store License Number: 1308 Licensee: Country Liquor LLC Doing Business As: Country Liquor We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by 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, Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 144 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 12/8/2021 Sent via email: jheinz@kenai.city Kenai City Hall City of Kenai 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 cc: benjaminjackinsky@acsalaska.net; jheinz@kenai.city; JVanHoose@kpb.us; SNess@kpb.us; MJenkins@kpb.us Licensee/Applicant : Country Liquor LLC Business Name : Country Liquor License Type : Package Store License Location : 140 S. Willow Street, City of Kenai License No. : 1308 Application Type : License Renewal Page 69 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 12/13/2021 10:06:17 AM (Form Submission) Approve by Jeremy Hamilton 12/13/2021 10:44:46 AM (Fire Marshall Review) Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Decemb er 22, 2021 5:00 PM 12/13/2021 10:06 AM Approve by Scott Curtin 12/15/2021 4:21:31 PM (Building Official Review) Th e task was assign ed to Scott Curti n. Th e du e date i s: Decemb er 22, 2021 5:00 PM 12/13/2021 10:06 AM Approve by Dave Ross 12/13/2021 10:08:54 AM (Police Department Review) Th e task was assign ed to Dave Ross. The d ue d ate is: December 22, 2021 5:00 PM 12/13/2021 10:06 AM Approve by Tina Williamson 12/13/2021 10:36:48 AM (Finance Asst Review) Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Decemb er 22, 2021 5:00 PM 12/13/2021 10:06 AM Approve by Cindy Herr 12/16/2021 2:26:06 PM (Legal Asst Review) No monies owed in restitution or traffic fines. Th e task was assign ed to Cin dy Herr. The d ue d ate is: December 22, 2021 5:00 PM 12/13/2021 10:06 AM Approve by Ryan Foster 12/13/2021 4:59:25 PM (Lands Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: December 22, 2021 5:00 PM 12/13/2021 10:06 AM Approve by Terry Eubank 12/16/2021 2:48:05 PM (Finance Review) Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Decemb er 27, 2021 5:00 PM 12/16/2021 2:26 PM Approve by Scott Bloom 12/17/2021 9:10:25 AM (Legal Review) Th e task was assign ed to Scott Bl oom. Th e du e date i s: Decemb er 27, 2021 5:00 PM 12/16/2021 2:26 PM Approve by Ryan Foster 12/17/2021 3:05:38 PM (P&Z Department Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: December 27, 2021 5:00 PM 12/16/2021 2:26 PM Page 70 AMCO License Application Date Lice nse Type Lice nse e Doing Busine ss As Pre mise s Addre ss City, State Contact Lice nse e Contact Phone No.Contact Email Name Phone No.Email File Upload 12/13/2021 Establishment Information Package Store Walmart Inc. Wal-Mart Supercenter #4474 10096 Kenai Spur Highway Kenai, AK Contact Information David Reading 479-204-2096 complic@wal-mart.com Additional Contact Information Shawn Woods 479-619-5988 shawn.woods@walmart.com Documents #4878 Complete Renewal Packet with Temp.pdf 6.04MB #4878 LGB Renewal Notice.pdf 810.23KB Page 71 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 13, 2021 Kenai Peninsula Borough City of Kenai Via Email: cityclerk@kenai.city; mjenkins@kpb.us; jvanhoose@kpb.us; sness@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us jblankenship@kpb.us; cjackinsky@kpb.us Re: Notice of 2022/2023 Liquor License Renewal Application License Type: Package Store License Number: 4878 Licensee: Walmart Inc Doing Business As: Wal-Mart Supercenter #4474 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, Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 144 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 12/14/2021 Sent via email: jheinz@kenai.city Kenai City Hall City of Kenai 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 cc: heather.gregory@walmart.com; JVanHoose@kpb.us; SNess@kpb.us; MJenkins@kpb.us Licensee/Applicant : Wal-Mart Stores Inc. Business Name : Wal-Mart Supercenter License Type : Package Store License Location : 10096 Kenai Spur Hwy, City of Kenai License No. : 4878 Application Type : License Renewal Page 83 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 12/13/2021 4:21:34 PM (Form Submission) Approve by Jeremy Hamilton 12/14/2021 2:13:57 PM (Fire Marshall Review) Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Decemb er 22, 2021 5:00 PM 12/13/2021 4:21 PM Approve by Scott Curtin 12/15/2021 4:21:12 PM (Building Official Review) Th e task was assign ed to Scott Curti n. Th e du e date i s: Decemb er 22, 2021 5:00 PM 12/13/2021 4:21 PM Approve by Dave Ross 12/13/2021 4:27:00 PM (Police Department Review) Th e task was assign ed to Dave Ross. The d ue d ate is: December 22, 2021 5:00 PM 12/13/2021 4:21 PM Approve by Tina Williamson 12/13/2021 5:26:19 PM (Finance Asst Review) Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Decemb er 22, 2021 5:00 PM 12/13/2021 4:21 PM Approve by Cindy Herr 12/16/2021 5:56:23 PM (Legal Asst Review) The American Legion does not owe any monies in restitution or traffic fines. Th e task was assign ed to Cin dy Herr. The d ue d ate is: December 22, 2021 5:00 PM 12/13/2021 4:21 PM Approve by Ryan Foster 12/13/2021 4:58:21 PM (Lands Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: December 22, 2021 5:00 PM 12/13/2021 4:21 PM Approve by Terry Eubank 12/17/2021 2:59:29 PM (Finance Review) Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Decemb er 27, 2021 5:00 PM 12/16/2021 5:56 PM Approve by Scott Bloom 12/17/2021 9:10:37 AM (Legal Review) Th e task was assign ed to Scott Bl oom. Th e du e date i s: Decemb er 27, 2021 5:00 PM 12/16/2021 5:56 PM Approve by Ryan Foster 12/17/2021 3:05:24 PM (P&Z Department Review) Th e task was assign ed to Ryan Foster. The d ue d ate is: December 27, 2021 5:00 PM 12/16/2021 5:56 PM Page 84 AMCO License Application Date Lice nse Type Lice nse e Doing Busine ss As Pre mise s Addre ss City, State Contact Lice nse e Contact Phone No.Contact Email Name Phone No.Email File Upload 12/13/2021 Establishment Information Club George H Plumley Memorial Post 20 American Legion George H Plumley Memorial Post 20 American Legion 902 Cook Ave Kenai, AK Contact Information Jeffrey P. Klemisch 907-513-8646 jeff.klemisch@aol.com Additional Contact Information Lisa C. Klemisch 907-513-8686 spclee@aol.com Documents #1380 Complete Renewal Packet with Temp.pdf 5.36MB #1380 LGB Renewal Notice.pdf 810.08KB Page 85 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 13, 2021 Kenai Peninsula Borough City of Kenai Via Email: cityclerk@kenai.city; mjenkins@kpb.us; jvanhoose@kpb.us; sness@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us jblankenship@kpb.us; cjackinsky@kpb.us Re: Notice of 2022/2023 Liquor License Renewal Application License Type: Club License Number: 1380 Licensee: George H Plumley Memorial Post 20 American Legion Doing Business As: George H Plumley Memorial Post 20 American Legion 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, Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 144 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 12/14/2021 Sent via email: jheinz@kenai.city Kenai City Hall City of Kenai 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 cc: post20@alaska.net; JVanHoose@kpb.us; SNess@kpb.us; MJenkins@kpb.us Licensee/Applicant : AMERICAN LEGION #20 - Kenai Business Name : AMERICAN LEGION POST #20 License Type : Club License Location : 902 Cook Avenue, Kenai, AK 99611, City of Kenai License No. : 1380 Application Type : License Renewal Page 95 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: December 22, 2021 SUBJECT: Action Approval for Schilling Alaska, Inc. – Special Use Permit for Snow Storage The Uptown Motel is located on property owned by Schilling Alaska, Incorporated (Schilling). Schilling obtained special use permits for the Uptown Motel to store snow on 7,500 square feet of City property in 2018, 2019, 2020, and 2021, and has requested a similar permit for 2022. The permit fee is proposed to be $450.00 for the six-month period covering the months of January, February, March, April, November, and December, 2022. The permit fee of $475.00 is $25.00 more than the fee charged in 2018-2021 to accommodate a CPI adjustment over the past four years. As in past years, Schilling would be required to carry adequate insurance, use the premises only for snow storage, store snow in a manner that would not limit sight lines for drivers or impact City snow clearing, and remove any trash or debris remaining after the snow has melted such that the premises are returned to their initial condition. Schilling was compliant with the terms of their special use permits during 2018, 2019, 2020, and 2021. Schilling has submitted a special use permit application for 2022 and paid the corresponding application fee. If City Council approves, City Administration would execute the special use permit attached to this memorandum. Thank you for your consideration. Page 96 Special Use Permit – Schilling Alaska, Inc. – 2022 Snow Storage Page 1 of 6 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 ADDN & 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 six (6) months from January 1, 2022 to April 30, 2022, and from November 1, 2022 to December 31, 2022. 2. PERMIT FEES. The Permittee shall be charged a permit fee of $475.00 plus applicable sales tax. The Permittee shall pay the City the permit fee on or before January 7, 2021. 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. 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 administrative actions of the City for the protection and maintenance of the Premises and of Page 97 Special Use Permit – Schilling Alaska, Inc. – 2022 Snow Storage Page 2 of 6 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. D. 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. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. 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. Page 98 Special Use Permit – Schilling Alaska, Inc. – 2022 Snow Storage Page 3 of 6 iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, 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 7, 2022.The effective date of the insurance shall be no later than January 17, 2022. 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 required 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 settlement, 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 Permittee. 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 for any labor or material furnished to Permittee or to any related 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 claimed lien. Upon the final determination of the lien or claim for 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. PERSONALTY. 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 Page 99 Special Use Permit – Schilling Alaska, Inc. – 2022 Snow Storage Page 4 of 6 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 agreement 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. Page 100 Special Use Permit – Schilling Alaska, Inc. – 2022 Snow Storage Page 5 of 6 CITY OF KENAI SCHILLING ALASKA, INC. By: ____________________________ By: _______________________________ Paul Ostrander David Schilling City Manager President ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of _________, 20___, the foregoing instrument was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of _________, 20___, the foregoing instrument was acknowledged before me by David Schilling, President of Schilling Alaska, Inc., an Alaska limited liability company, on behalf of the company. Notary Public for Alaska My Commission Expires: Page 101 Special Use Permit – Schilling Alaska, Inc. – 2022 Snow Storage Page 6 of 6 ATTEST: _______________________ Michelle Saner, MMC, City Clerk SEAL: APPROVED AS TO FORM: Scott Bloom, City Attorney Page 102 K~NAI City of Kenai Special Use Permit Application Name of Applicant: Schilling Alaska Inc Mamng Address: 47 Spur View Drive City: Kenai Phone Number(s): Home Phone: ( ) E-mall: (Optional) duane@uptownmotel.com Name to Appear on Pennlt: Uptown Motel Ma lling Address: 47 Spur View Drive City: Kenai State: AK Zip Code: 99611 )907 398 2316 State: AK Zip Code: 99611 Phone Number(s): Home Phone: ( ) Work/ Message Phone: ( )907 398 2316 E-mail : (Optional) duane@uptownmotel.com Type of Applicant: IJ Individual (at least 18 years of age) 0 Partnership IJ Limited Liabili ty Company (LLC) D Other Property Information Legal or physi cal description of the property; T SN R 11W Se<: a &EWARD M&RIDWI KN •1C04T SPUR SUI SEN IOR CITIZEH MlON FM TRACT Description of the proposed business or activity Intended: Used snow storage Is the area to be used In front of or Immediately adjacent to any established business offering the same or similar ucts or services u on a fixed location? 0 NO Would the use under thi s permit lnlerfere with other businesses through excesslve noise . odor, or other nuisances? Cl YES If you answered yes to any of the above questions, please explain: The area seems to be shared by others for used snD\\' storage What Is the term requested (not to exceed one year)?December 2021 -December 2022 Requested Starting Date:December 21 , 2021 Signature: Print Name: For City Use Only: CJ General Fund a Airport Fund g Cl Airport Reserve Land D Outside AlrpOrt Reserve Date: Title : Dale AppDcatlon F City Coundl AetionIR Account Number: 12/21/21 President DATE 1 z--zz.-7 PLANNING DEPARTMENT _ Page 103 SENIOR CTFRONTAGE RDSPUR VIEW DRWEST TERN AVEFRONTAGE RDBRIDGE A C CESS R D SPUR VI E W D R Date: 12/9/2020The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map.T5N R11W SEC 5 SEWARD MERIDIAN KN PORTION OF GOVT LOT 5 LYING NORTH OF FAA TRACT PER SPUR SUB SENIOR CITIZEN ADDN & LYING SOUTH OF FRONTAGE RD 7 LYING WEST OF DAUBENSPECK PROPERTY SUB TRACT C & LYING EAST OF SPUR VIEW DRExhibit ASnowStorageArea.090 180 FeetLegendCity-Owned Subject Parcel OutlineUptown MotelPage 104 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3266-2022 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING FUNDS IN THE AIRPORT FUND, AND ACCEPTING TWO GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION UNDER THE AMERICAN RESCUE PLAN ACT OF 2021 (H.R. 1319, PUBLIC LAW 117-2). WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 was signed into law by the President which includes $8 billion in funds to be awarded as economic assistance to eligible U.S. airports to prevent, prepare for, and respond to the coronavirus disease 2019 (COVID-19) pandemic; and, WHEREAS, to distribute these funds, the FAA has established the Airport Rescue Grants; and WHEREAS, on December 14, 2021, the Kenai Municipal Airport received the Airport Rescue Grant Offer, Grant No. 3-02-0142-070-2022, in the amount of $1,719,887 for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments; and, WHEREAS, on _____, the Kenai Municipal Airport received the Airport Rescue Grant Offer, Grant No. 3-02-0142-_____-2022, in the amount of $_____ to provide relief from rent and minimum annual guarantees to eligible in-terminal airport concessions; and, WHEREAS, keeping the Airport in reliable, safe operation is in the best interest of the City; and, WHEREAS, the executed grant, Grant No. 3-02-0142-070-2022, followed by the city attorney’s certification must be completed no later than January 30, 2022; and, WHEREAS, the executed grant, Grant No. 3-02-0142-_____-2022, followed by the city attorney’s certification must be completed no later than _____. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept Grant No. 3-02-0142-070-2022 in the amount of $1,719,887 for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments, and Grant No. 3-02-0142-_____-2022 in the amount of $_____ for eligible in-terminal airport concessions relief. Section 2. That the estimated revenues and appropriations be increased as follows: Page 105 Ordinance No. 3266-2022 Page 2 of 2 ______________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Airport Fund: Increase Estimated Revenues - Federal Grants $__ ___ Increase Appropriations – Administration: Contingency $1,719,887 Grants to other Agencies XX,XXX $X,XXX,XXX Section 3. That the City Manager is authorized to accept grant funding totaling $_____ from the Federal Aviation Administration and to execute grant agreements and to expend grant funds to fulfill the purpose and intent of this ordinance. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of January, 2022. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Finance: _____________ Introduced: January 5, 2022 Enacted: January 19, 2022 Effective: January 19, 2022 Page 106 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway II, Airport Manager DATE: December 22, 2021 SUBJECT: Ordinance No. 3266-2022 – Kenai Airport ARP Act Grant, Accepting and Appropriating Airport Funds Air travel remains well below pre-pandemic levels (ENA enplanements ↓30% compared to 2019)— airport concessionaires, and the aviation industry as a whole continue to suffer from the many economic consequences of the COVID-19 pandemic. These funds are critical to sustaining the operation of the airport, regulatory compliance, and acceptable service levels. Airport concessionaires are struggling or unable to meet the terms of their lease(s). On December 14, 2021, the Kenai Municipal Airport (ENA) received Airport Rescue Grant Offer, Grant No. 3-02-0142-070-2022, from the Federal Aviation Administration for funds under the American Rescue Plan Act: $1,719,887 – Funds may be used for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. ENA is anticipating a second Airport Rescue Grant Offer, Grant No. 3-02-0142-___-2022, from the Federal Aviation Administration—before the January 12, 2022 deadline allowing a substitute to this ordinance to be advertised—in the amount of $81,591. These funds provide relief from rent and minimum annual guarantees to eligible in-terminal airport concessions. Ordinance 3266-2022 provides legislative action designating authority for acceptance and appropriation of grant funds. Thank you for your consideration. Page 107 December 20, 2021 The Honorable Mike Dunleavy Governor, State of Alaska P.O. Box 110001 Juneau, AK 99811-0001 Re: Kenai Bluff Stabilization Project Dear Governor Dunleavy, On behalf of the citizens of Kenai, the Kenai City Council would like to offer our sincere thanks for your support of the Kenai Bluff Stabilization Project. We greatly appreciate the inclusion of this project in your annual budget, which provides State funding in the amount of $6.5 million to help the City meet its local match of $10.5 million, and moving us closer to mak ing the City’s top priority project for over 30 years a reality. We appreciate the opportunity to prioritize and describe important projects to the State for consideration each year, and we are grateful to you and your team, including Jill Schaefer in the Kenai Peninsula Regional Office, for working with us on our funding request this year. The State funding will help the City to meet its 35% Federal match requirement and proceed with an estimated $30 million project that will immediately save valuable infrastructure, protect against cultural vulnerability, increase safety, and spur investment and economic development in an area of cultural and historical significance to Alaska. State funding to support this project provides the necessary matching funds, allowing the City to leverage over $19.5 million in Federal dollars in economic activity in our State. This provides an outstanding return on the investment of the State’s money, while helping the City save critical infrastructure and drive additional private capital investment in Old Town Kenai, preserving a significant asset that benefits the Kenai Peninsula and the State. Thank you again for your thoughtful attention and support. Sincerely, ___________________________ ___________________________ Brian Gabriel, Mayor Jim Glendening, Vice Mayor ___________________________ ___________________________ Henry Knackstedt, Council Member Glenese Pettey, Council Member Page 108 Page 2 of 2 ___________________________ ___________________________ Teea Winger, Council Member James Baisden, Council Member ___________________________ Deborah Sounart, Council Member Page 109 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING DECEMBER 8, 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, D. Fikes, A. Douthit, G. Woodard, G. Greenberg Commissioners absent: J. Halstead, R. Springer Staff/Council Liaison present: Planning Director R. Foster, Deputy City Clerk M. Thibodeau, Council Liaison T. Winger A quorum was present. 3. Agenda Approval Chair Twait requested that the items under New Business be heard before the item under Unfinished Business. MOTION: Vice Chair Fikes MOVED to approve the agenda with requested revisions to the packet and Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Greenberg MOVED to approve the consent agenda and Vice Chair Fikes 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. Page 110 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 6 December 8, 2021 5. *Excused absences – None B. APPROVAL OF MINUTES 1. *Regular Meeting of November 10, 2021 The minutes were approved by the Consent Agenda. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT Jim Glendening discussed the Kenai Peninsula Borough Assembly’s decision regarding membership and apportionment of Planning Commission members, noting that first-class home rule cities will have a guaranteed seat, the number of Planning Commission seats will increase to 14, and that seats will align with assembly districts. He also explained a proposed amendment that was defeated. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS – None. G. NEW BUSINESS 1. Resolution No. PZ2021-41 - Granting a Request for a Transfer of Conditional Use Permit for the Use of a Hotel, Guide, and Boat Parking in the Rural Residential Zone to Wild Kenai Adventures, LLC, 1105 Angler Drive, Lot 6, Anglers Acres, Subdivision Part 3. MOTION: Vice Chair Fikes MOVED to approve Resolution No. PZ2021-41 and Commissioner Woodard SECONDED the motion. Planning Director Foster reviewed the staff report provided in the packet noting the Conditional Use Permit was for the use of a hotel, guide, and boat parking and would be transferred for the same use to Wild Kenai Adventures, LLC, and recommended approval with the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. The applicant will meet with City staff for on-site inspections when requested. 4. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(l)(5). 5. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 6. All conditions of PZ05-26 will be met. Clarification was provided that the business would continue to be operated under the name of Hi Page 111 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 6 December 8, 2021 Lo Charters. VOTE: YEA: Woodard, Greenberg, Douthit, Fikes, Twait NAY: MOTION PASSED UNANIMOUSLY. 2. Resolution No. PZ2021-42 - Granting a Request for a Transfer of Conditional Use Permit for the Use of a Hotel (Short-Term Recreational Rentals) in the Rural Residential Zone to Wild Kenai Adventures, LLC, 1230 Angler Drive, Lot 1, Block 2, Anglers Acres Subdivision, Addition No.1, PT 2. MOTION: Vice Chair Fikes MOVED to approve Resolution No. PZ2021-42 and Commissioner Douthit SECONDED the motion. Planning Director Foster reviewed the staff report provided in the packet noting the Conditional Use Permit was for the use of a hotel (short-term recreational rentals) and would be transferred for the same use to Wild Kenai Adventures, LLC, and recommended approval with the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 3. The applicant will meet with City staff for on-site inspections when requested. 4. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(l)(5). 5. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 6. All conditions of PZ06-84 (PZ01-11) will be met. The applicants were wished good luck, and it was noted that it is good to see they are maintaining the business name as it has historical value in the area. VOTE: YEA: Greenberg, Douthit, Fikes, Twait, Woodard NAY: MOTION PASSED UNANIMOUSLY. H. UNFINISHED BUSINESS 1. Resolution PZ2021-39 - Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan. [Clerk's Note: At the November 10th Meeting, this Resolution was Postponed to this Meeting; a Motion to Enact is Page 112 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 6 December 8, 2021 On the Floor.] Chair Twait opened for public hearing. Bob Molloy thanked Vice Mayor Glendening and Council Member Winger for trying to provide more time for public outreach on this discussion. He noted that the draft Land Management Plan (LMP) is a great tool for the City and public, but that it is incomplete because it does not include policies and procedures for disposal, and Title 22 of the code is not clear enough on this either. He also noted that some properties have a long history of contention, and recommend additional category for “to be determined” for those. Kristine Schmidt noted that the problem with the LMP is that it is a plan to dispose of property and the City’s current processes for disposal are ad hoc and not well organized. She suggested approving the inventory but postponing disposal recommendation until there is a better plan, and also having a work session to go over these properties and have a dialogue for the public. She noted mistakes she saw in the LMP, including certain parcels which have a divisive history. Jim Glendening explained that State Title 29 explains roles and responsibility of a Planning & Zoning Commission, and that commissioners have a responsibility to engage themselves with the LMP as much as they did the Comprehensive Plan. There being no one else wishing to be heard, the public hearing was closed. The suggestion was made that the names of recommended categories should clarify that “dispose” properties are not needed by the City for a public purpose, and “retain” properties are needed. It was reiterated that the focus of the current document is an inventory of lands and recommendations, and the City has many processes that are required before moving forward with these recommendations and there may be changes to code to update these processes in the future. It was noted that business owners looking to purchase a City-owned lot will have an easier time navigating the policies and procedures for disposal with this inventory. However, it may be so streamlined that it leads people to believe this is a land sale, and it would be good to clarify that is not the case. It was suggested that the City consider the Borough’s process for choosing lands for municipal entitlements to refine our disposal practice. Clarification was provided that there have been some public comments submitted, and more comments have been received through commission meetings. It was reiterated that it is important to keep having conversations about the LMP to receive more comments. It was noted that refinement of semantics and definitions would help people to understand better. Clarification was provided that it is possible to query the data in the GIS system to show which lands are wetlands and slopes, as well as things like water and sewer lines and some electric information. The commission discussed the City’s approach to land sales, and it was noted that sales of City- owned lands are typically consumer-driven and disposal processes begin when a member of the public approaches the City with interest. An exception to this is airport lands, as the Airport Manager does advertise available lease lands through an annual brochure and through booths at aviation conventions. It was noted that when the GIS tool becomes available to the public, it may Page 113 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 6 December 8, 2021 generate more interest. Clarification was provided that public works needs have been in consideration for the recommendations, and is the reason for some of the mixed-use designations. The commission discussed the possibility of holding a work session, and it was noted that dates will be suggested at the next Planning & Zoning Commission meeting. MOTION: Commissioner Douthit MOVED to postpone Resolution No. PZ2021-39 until December 22, 2021 and Commissioner Woodard SECONDED the motion. VOTE: YEA: Twait, Woodard, Greenberg, Douthit, Fikes NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Winger reported on the actions from the December 1, 2021 City Council meeting. Encouraged commissioners to engage the public and get more comment about the LMP. 2. Borough Planning – Vice Chair Fikes reported on the actions from the November 29, 2021 Kenai Peninsula Borough Planning Commission. 3. City Administration – Planning Director Foster reported on the following: • The next Planning & Zoning Commission meeting with include two CUP applications, as well as dates to consider for scheduling a work session; • The Planning Department is working on trying to fill the administrative assistant position; • Informational Items includes a letter stating that a CUP code violation has been remedied; trees were planted by CUP owner to fulfil their approved landscape plan. K. ADDITIONAL PUBLIC COMMENT Jim Glendening noted that there is concern over a piece of property, and suggested that further information be provided during the City Manager’s Report at next Council meeting. L. INFORMATIONAL ITEMS 1. 2022 Commission Meeting Calendar 2. Land Management Plan Comment Forms 3. Letter to JAC Enterprises - Violation Remedied Page 114 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 6 December 8, 2021 M. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: November 22, 2021 N. COMMISSION COMMENTS & QUESTIONS Commissioner Woodard noted she will bring treats for the next meeting. Commissioner Douthit noted that he was appointed to the Chamber of Commerce Board of Directors. Vice Chair Fikes noted she may not be able to attend the next meeting on December 22nd. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:20 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 115 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING DECEMBER 22, 2021 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES A. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of the Allegiance. 2. Roll Call Commissioners present: J. Twait, D. Fikes, A. Douthit, G. Woodard, A. Douthit, J. Halstead, R. Springer Commissioners absent: G. Greenberg Staff/Council Liaison present: Planning Director R. Foster, City Manager P. Ostrander, Deputy City Clerk M. Thibodeau, Vice Mayor J. Glendening A quorum was present. 3. Agenda Approval MOTION: Commissioner Halstead MOVED to approve the agenda and Vice Chair Fikes SECONDED the motion. There were no objections; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda and Vice Chair Fikes 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. 5. *Excused absences – None Page 116 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 2 of 6 December 22, 2021 B. APPROVAL OF MINUTES – None. C. SCHEDULED PUBLIC COMMENT – None. D. UNSCHEDULED PUBLIC COMMENT – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS 1. Resolution PZ2021-43 - Application for a Conditional Use Permit for a Limited Marijuana Cultivation Facility for the property described as Lot 2, Block 9, Valhalla Heights Subdivision Part 1, located at 5345 Kenai Spur Highway, Kenai, Alaska 99611. The application was submitted by Bryce Hoxeng, 5345 Kenai Spur Highway, Unit B, Kenai, Alaska 99611.’ MOTION: Vice Chair Fikes MOVED to approve Resolution No. PZ2021-43 and Commissioner Halstead SECONDED the motion. Michael Welch noted that he is one of the owners of this business, and explained that his business partner lives on this property and is passionate about the business. Mr. Welch explained that he operates a cultivation facility at his own home address and is ready to help his partner to start another. Planning Director Foster presented his staff report with information provided in packet explaining that the applicant wishes to obtain a Conditional Use Permit for a limited marijuana cultivation facility. The criteria for conditional use permits was reviewed; it was noted the application met the criteria and City staff recommends approval subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning construction of any new structures, a building permit must be issue by the Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4. Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(l)(5). 8. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. Page 117 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 3 of 6 December 22, 2021 Chair Twait opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Clarification was provided that once the business is in operation it should not prevent other businesses from operating within a 1,000 foot radius, although it may create a scenario where there is a non-conforming use with any new uses; if the cultivation facility wanted to expand there may be additional requirements. Mr. Welch clarified that the current State requirements for security, noting that he will receive notifications when regulations change. He explained that the 500 square foot area is canopy for the plants. Clarification was provided on how the 500 foot buffer was determined. It was noted that there is no limitations on how many cannabis operations can be within proximity of each other. VOTE: YEA: Fikes, Halstead, Douthit, Woodard, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. Chair Twait noted the fifteen-day appeal period. 2. Resolution PZ 2021-44 - Application for a Conditional Use Permit for a Standard Marijuana Cultivation Facility for the property described as Lot 1, Yragui Subdivision, located at 8847 Kenai Spur Highway, Kenai, Alaska 99611. The application was submitted by Nicholas Mann, 140 Bidarka Street #1342, Kenai, Alaska 99611. MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ2021-44 and Vice Chair Fikes SECONDED the motion. Nicholas Mann, business owner and sole proprietor, noted that he is looking forward to exercising his knowledge of the industry. Planning Director Foster presented his staff report with information provided in packet explaining that the applicant wishes to obtain a Conditional Use Permit for a standard marijuana cultivation facility. The criteria for conditional use permits was reviewed; it was noted the application met the criteria and City staff recommends approval subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to starting operations, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning construction of any new structures, a building permit must be issued by Building Official for the City of Kenai. Any renovations must check in with the Building Official regarding any required building permits. 4. Standards for commercial marijuana establishments per KMC14.20.330 must be maintained. Page 118 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 4 of 6 December 22, 2021 5. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 6. The applicant will meet with City staff for on-site inspections when requested. 7. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(l)(5). 8. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 9. Failure to provide documentation to the City for meeting these conditions shall be grounds for the suspension or revocation of the conditional use permit. Chair Twait opened for public hearing. Nicholas Mann noted that Director Foster did a good job with the staff report presentation. In response to commissioner questions, he clarified that he does not currently have plans to go into retail, and if he did it would not be on this property. He noted that there is a family living in the house, and they will not be providing security for the business. He explained that he currently has an 18-month lease which he may extend, and the property is on City services for utilities. He clarified that he has taken the standard security measures required by the Alcohol and Marijuana Control Board, and provided details about his security system. Katherine Uei, owner of the property, shared that every tenant on this property are all in support of this. There being no one else wishing to be heard, the public hearing was closed. VOTE: YEA: Halstead, Woodard, Springer, Douthit, Fikes, Twait NAY: MOTION PASSED UNANIMOUSLY. Chair Twait noted the fifteen-day appeal period. G. NEW BUSINESS – None. H. UNFINISHED BUSINESS 1. Resolution PZ2021-39 - Recommending the Council of the City of Kenai Approve and Adopt the City of Kenai Land Management Plan. [Clerk's Note: At the December 8th Meeting, this Resolution was Postponed to this Meeting; a Motion to Enact is On the Floor.] Chair Twait opened for public hearing; there being no one wishing to be heard, the public hearing was closed. Director Foster noted that information had been added to the packet on Titles 21 and 22, zoning and additional definitions. Discussion involved how the commission had approached Land Management Plan (LMP) Page 119 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 5 of 6 December 22, 2021 discussions at previous meetings, and how better clarification can be reached with regard to their LMP recommendations and subsequent implementation plan. The goals of LMP presentation to commissions were clarified, and it was noted that the intent was not to develop policies and procedure, and the focus should be more about developing recommendations for parcels to retain for a public purpose or dispose. It was also advised that the commission could recommend to re-zone or subdivide a parcel, which would affect the implementation plan. The commission discussed how the City’s website offers resources for prospective land buyers such as GIS maps and land purchase application which clarify the disposal process of City lands. Director Foster clarifies that when he is approached by interested parties he will share this information, meet with them along with the Building Official and Fire Marshal to share information about the potential application, and discuss anything else required by code such as permits and site plans. It was noted that the lands inventory and GIS tool will make this process much easier. Clarification was provided regarding how competing applications would be handled, and it was noted that the City pays for appraisal and the code specifies the reimbursement process. Dates for a potential work session were discussed; clarification was provided on how motions will be made, and how public comment will be presented for consideration. It was n oted that lands that have already been disposed of will not be moved. Clarification was provided that commission can recommend eliminating property lines to make smaller adjacent parcels into one combined larger lot which could be more desirable; this would take place in implementation plan. It was noted that this could be expensive for the City, and the suggestion was made to wait until an interested party comes forward. The commission decided to hold work session on Jan 20, 2022. The commission requested that Administration provide information about the implementation plan, which would clarify differentiations between it and LMP recommendations. MOTION: Vice Chair Fikes MOVED to postpone Resolution No. PZ2021-39 until January 12, 2022 and Commissioner Woodard SECONDED the motion. VOTE: YEA: Springer, Twait, Halstead, Woodard, Douthit, Fikes NAY: MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. J. REPORTS 1. City Council – Council Member Glendening noted the good discussion, and discussed Page 120 ___________________________________________________________________________________ Planning and Zoning Commission Meeting Page 6 of 6 December 22, 2021 next steps for LMP and implementation plan considerations. Reported on the actions from the December 15, 2021 City Council meeting. 2. Borough Planning – No report. 3. City Administration – Planning Director Foster reported on the following: • Several meetings have been scheduled for January; • January 12, 2022 meeting will include one CUP application; • January 20, 2022 work session will begin at 6:00 pm; • In response to inquiries from the commission, referred to KMC Title 12 Health & Safety which addresses abandoned and dilapidated buildings. K. ADDITIONAL PUBLIC COMMENT Vice Mayor Glendening noted that the City Council is looking for help with the LMP, and really depends on the Planning & Zoning Commission. L. INFORMATIONAL ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. January 12, 2022 N. COMMISSION COMMENTS & QUESTIONS Commissioner Woodard wished everyone a Merry Christmas. Commissioner Halstead thanked Commissioner Woodard for the treats she brought. Vice Chair Fikes thanked Commissioner Woodard for the treats. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:57 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 121 KENAI BEAUTIFICATION COMMITTEE REGULAR MEETING DECEMBER 14, 2021 – 6:00 P.M. KENAI CITY HALL CHAIR LISA GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Gabriel called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Gabriel led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Committee Members present: Chair L. Gabriel, T. Wilson, E. Heale, J. Phillips, S. Douthit Committee Members absent: B. Roland Staff/Council Liaison present: Parks & Recreation Administrative Assistant T. Best, Council Liaison Sounart A quorum was present. c. Agenda Approval MOTION: Committee Member Heale MOVED to approve the agenda and Vice Chair Wilson SECONDED the motion. There were no objections; SO ORDERED. 2. UNSCHEDULED PUBLIC COMMENT – None. 3. OLD BUSINESS a. Discussion – Pumpkin Festival Assistant Best reviewed the 2021 Pumpkin Festival, noting the high attendance. Suggestions for future festivals included more pumpkins in the pumpkin drop, more food trucks and live music. It was noted that the petting zoo was missed in 2021. 4. NEW BUSINESS a. Discussion/Recommendation – 2022 Summer Beautification Assistant Best reviewed the proposed flower order included in the packet. The committee discussed preferred colors and varieties, and how flower selection could be improved by adding more vibrant colors and varying heights. Suggestions included ordering flowers for the Erik Hansen Scout Park and Historic Cabin sign, wildflowers for Doctor’s cabin, and a greenhouse Page 122 __________________________________________________________________________________ Beautification Committee Meeting Page 2 of 2 December 14, 2021 tour for committee members prior to planting of flowers. The committee commented on how they enjoyed the plant day vs. plant week in the past; a hybrid of this may be planned for 2022. Plans for wildflower management were clarified. 5. COMMITTEE MEMBER QUESTIONS AND COMMENTS Committee Member Phillips wished everyone a Merry Christmas, happy New Year and have a great season Committee Member Douthit noted the upcoming joint meeting with the Parks & Recreation Commission. Noted that she enjoys the group and is excited for summer, wished everyone a Merry Christmas. Committee Member Heale inquired about snow clearing from City sidewalks, and noted she would like to see it improved. Vice Chair Wilson noted that she likes the idea of the greenhouse tour, and looks forward to summer. Council Liaison Sounart suggested an annual rotational flower display, and discussed ideas for contrasting flower colors. Chair Gabriel thanked Administrative Assistant Best for his work on the Fall Festival, noted she would like to see the committee more involved in the winter static displays as they have been in the past, and requested a discussion of the Leif Hansen park fountain be on their next meeting agenda. 6. ADDITIONAL PUBLIC COMMENT – None. 7. INFORMATION ITEMS – None. 8. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 6:40 p.m. Meeting summary prepared and submitted by: ___________________________________ Meghan Thibodeau Deputy City Clerk Page 123 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JANUARY 5, 2022 VENDOR DESCRIPTION DEPT. LN CURTIS & SONS TWO SET A RFF TURNOUT GEAR AIRPORT GLACIER CHAIN ·S UPPLY EQUIPMENT CHAINS AIRPORT UNIVERSITY OF AK SOUTHEAST POLICE ACADEMY POLICE ACCOUNT SMALL TOOLS OPERATING SUPPLIES TRANS PORA T ION AMOUNT 5 ,180.00 10,295.98 3,053.00 Page 124 December 21, 2021 VFW Soldotna Post 10046 134 N Birch Street Soldotna, AK 99669 Dear VFW Soldotna Post 10046, On behalf of the Kenai Senior Center, I would like to thank you for the donation of $500.00 to our senior programs. We strive to provide our community seniors with transportation, home and congregate meals, outreach services, and health and wellness activities. Since 1971, the Kenai Senior Center has been providing services to seniors allowing them to safely remain in the home environment as long as possible. Your contribution to our program will help to continue these efforts. Again, thank you for your support of the Kenai Senior Center as we work to meet the needs of the aging in our community. Sincerely, CITY OF KENAI Kathy Romain, Director Kenai Senior Center Page 125 JANUARY 5, 2021 CITY COUNCIL SPECIAL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET: ACTION ITEM REQUESTED BY Add to item D.5. Ordinance No. 3265-2021 • October 18, 2021 Discussion Item - Kenai Dog Park Council Member Pettey Add to item J.1. Land Management Plan Requested Information • Memo City Manager MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: October 18, 2021 SUBJECT: Discussion Item – Kenai Dog Park Pat Porter, former Kenai Mayor, provided a letter to Council on September 26, 2021, requesting Council take action in three areas: 1. Appropriate the Daubenspeck Funding as a grant, removing the expectation of these funds being reimbursed. 2. Consider appropriating additional funding from the Daubenspeck Funds toward finishing this park in the way it should be for its citizens. 3. Consider writing a Tier I grant to the Rasmuson Foundation. This memo is intended to provide background information for Council and to address these three requests. In 2018, the City Council passed Resolution 2018-52, authorizing the use of an approximately 22,500 square-foot area of Daubenspeck Family Park for the construction of a Kenai Dog Park after a formal presentation by the Kenai Dog Park Committee at the Parks and Recreation Commission. The Resolution states a committee of community volunteers have offered to design and construct an off-leash dog park at no expense to the City. Ordinance 3211-2021, adopting the annual budget for FY2021, included a $25,000 grant to the Kenai Community Dog Park from the City’s General Fund. At the May 19, 2021 public hearing on the Ordinance, a letter from Ms. Porter requested the City Council appropriate $25,000 from the Daubenspeck Fund and stated, “every effort will be made to reimburse the Daubenspeck funding.” A motion to amend the Ordinance to appropriate $25,000 from the Daubenspeck Fund for the Kenai Dog Park was made; however, the amendment failed. Funding in the amount of $25,000 from the City’s General Fund was approved. Although Ms. Porter stated that their intent was to return the money to the City, and discussion by Council when considering the motion indicated that Council hoped that the money would be reimbursed, Council included no requirement in the motion that the Kenai Community Dog Park reimburse these grant funds. The City has deposited $21,120 of the $25,000 appropriated for the Kenai Dog Park in the Kenai Community Foundation bank account to pay for fencing. In addition to funds donated by the City, there have been additional private donations of $28,970. Page 2 of 2 In addition to funding, the City has provided support from the Parks and Recreation department on improvements to the property, including drafting the concept plan through the River, Trails and Conservation Assistance program and assisting with volunteer planning meetings, coordination with Peak Oilfield Services and L&J Enterprises for clearing and dirt work and with Salamatof Native Cooperation for dirt work and leveling of area, assisting volunteers with brush clearing, tree pruning and original measuring/staking of the park, removal of approximately 30 beetle-kill trees, mowing grass growing in a cleared area, measuring and staking out property for fence work; meeting with Fireweed Fence to review layout, grubbing out a 15’x25’ area for small dogs, providing an update to the Kenai Rotary Club, and storing donated tires at the City yard along with trash cans that volunteers will paint. It appears that City and community support and fundraising have been successful. Between private donations and the grant from the City, the funding gap between income and budgeted expenditures to complete the park has been reduced to $2,830. Fundraising over the course of the winter will likely close most if not all of this gap, indicating that an additional appropriation is not necessary at this time. In July, the City hired a Temporary Grant W riter who is primarily focused on grant opportunities to fulfill match requirements for our Bluff Stabilization Project and pursuing funding for water and sewer projects that have been identified in the City’s five-year capital improvement plan. Based on the limited amount of additional funds needed to complete the park and the importance of continued focus on funding for the Bluff Stabilization Project and needed water and sewer improvements, tasking the Temporary Grant Writer to apply for a Tier 1 Rasmuson Grant for the Kenai Dog Park is likely not the best utilization of that position. MEMORANDUM TO: Mayor Gabriel, Council Members and City Commissions FROM: Paul Ostrander, City Manager DATE: January 4, 2022 SUBJECT: City of Kenai Land Management Plan Requested Information This memo provides additional information requested by the Planning and Zoning Commission at its December 22, 2021 Regular Meeting to clarify the intent of the City of Kenai Land Management Plan and the best way for Commissioners to make amendments, as well as provide an example of a motion to amend and sample Implementation Plan that Commissions may use as they review and consider recommending adoption of the Land Management Plan. Intent of the Land Management Plan The intent of the Land Management Plan is to catalog the inventory of City-owned lands, including identification of properties needed for a public purpose, and recommendations for lease or sale of individual parcels not needed for a public purpose. The Plan does not provide land policies or procedures or include an implementation plan. The City’s land policies for lease and sale of City- owned land are provided in the Kenai Municipal Code, and the decision whether or not to lease or sell land rests in the sole discretion of the City Council. Any sale or lease of City-owned land would require further Council action. An implementation plan is a separate document outlining action items based on the adopted Land Management Plan. An implementation plan would require Council approval. Motions to Amend All commissioner-suggested amendments received in writing or requested during a scheduled meeting or work session will be compiled by the Planning Director and placed in the proper format for consideration at the meeting in which the commission resolution to adopt the Plan will be considered. If an amendment has not been received in writing, or has not been requested during previous meetings or work sessions, motions to amend the draft Plan may also be made by commissioners at the meeting in which the commission resolution to adopt the Plan will be considered. Amendments related to land ownership changes or clerical errors will not need to be made as motions to amend the Plan. Administration will prepare a memo with these updates and corrections when the Plan is finalized for consideration by City Council. Page 2 of 3 Example: Motion to Amend The following is an example of a recommended amendment provided by a Commissioner that may be made as a motion to amend: Map 8, Page 36, Parcel Numbers 04314103 and 04314104 should be recommended for disposal. These parcels should be retained for a public purpose of future sports facilities. The following amendment is respectfully requested: Amend Section 1 so that it reads: The draft of the City of Kenai Land Management Plan is hereby recommended for adoption with the following amendment: 1. The retention status of parcel numbers 04314103 and 04314104, which appear on Map 8 Kenai Spur Highway North Corridor be changed from Dispose to Retain. Example: Role of Implementation Plan in Process Attached is a table describing the role of the Kenai Municipal Code, Land Management Plan and a sample Implementation Plan in the management of City-owned lands. Attachment A Codification of the General Ordinances of the City of Kenai Title 21 and Title 22 Govern City Airport Reserve Lands and City-Owned Lands Provides land lease and sale policies and practices that encourage responsible growth and development to support a thriving business, residential, recreational and cultural community. Provides process for competitive lease application, and both competitive and non- competitive sale of lands as well as rules governing subdivision, appraisal, annual lease rates and terms, public notice, and review by commissions An inventory of City-owned lands and comprehensive reference document Land Inventory and Retention Recommendations Adopted by a Resolution of the City Council KENAI MUNICIPAL CODE LAND MANAGEMENT PLAN An outline of action items approved by Council based on the adopted Land Management Plan For example: SAMPLE: IMPLEMENTATION PLAN Provides an inventory of City-owned lands with detailed information on each parcel Identifies properties recommended required or not needed for a public purpose Information available to the public NOTE: the decision whether or not to lease or sell City-owned land rests in the sole discretion of the City Council Date Actions Staff Assigned X March 2022 Apply to Borough for removal of restrictive plat notes on City lands Planning March 2022 Request removal of patent restrictions from BLM Planning July 2023 Request FAA release of parcels not needed for a public purpose Airport/ Planning KENAI DOG PARK MASTER PLAN UPDATED DECEMBER 2021 INDEX 1. Introduction 1.1 Project Background 1.2 Project Goals 2. Project Progress 3. Current Status 3.1 Finances 4. Redesign 4.1 Park Area Plan 4.2 Design Elements 4.3 Public Safety and Risk Management 5. Phase I 6. Phase II 7. Phase III 8. Memorandum of Understanding 9. Appendix A –Budget/ Cost Estimates 10. Appendix B –Maps 11. Appendix C -Pavilion Blueprints Image courtesy of https://www.co.dakota.mn.us/parks/parksTrails/DakotaWoods 1. INTRODUCTION Dog ownership across the United States has steadily increased for more than 20 years1. Around 63 Million households in the U.S. report to own at least one pet dog2. With nearly 1 in 2 U.S. households having a pet dog, the necessity and popularity of dog parks is on the rise. Dog parks offer a positive return on investment for municipal parks departments and districts in the form of increased community presence in parks and decreased incidents of dog aggression and noise complaints. Dog parks provide valuable intangible benefits as well, such as their unique ability to foster a sense of community amongst dog owners across demographic boundaries. With dog ownership in the United States increasing across all demographic groups, provisions for municipal dog parks are becoming an important part of community building3. The objective of this plan to establish a fenced in, off leash dog park for well-behaved canine citizens and their human companions to exercise in a clean, safe environment without endangering or annoying people, property or wildlife. The goal is to create a beautiful, well-maintained space open to all dog lovers and friends who will uphold the park’s rules and regulations. The desire is for this to be viewed as a community enrichment project, in partnership with the City of Kenai, designed to satisfy the needs of dog lovers and non-dog lovers alike. 1.“PETS BY THE NUMBERS.” THE HUMANE SOCIETY OF THE UNITED STATES. WWW.ANIMALSHELTERING.ORG 2.“NUMBER OF PET OWNING HOUSEHOLDS IN THE UNITED STATES.” STATISTA. WWW.STATISTA.COM/STATISTICS/198095/PETS-IN-THE-UNITED-STATES-BY-TYPE-IN-2008/ 3.“DOG PARKS LEAD GROWTH IN URBAN PARKS.” TRUST FOR PUBLIC LAND, APRIL 25, 2016. WWW.TPL.ORG 1.1 Project Background Planning for the Daubenspeck Family Park began in 2010. In the initial planning for the park, phase III of the plan included a dog park and water recreation area at the East end of the park. Work officially started on the Kenai dog park in 2018 with the City of Kenai’s Resolution 2018 -52 which authorized the “construction and presence” of a dog park in the Northeast corner of Daubenspeck Park. In 2019 the National Park Service Rivers, Trails and Conservation Assistance Program, in partnership with the City of Kenai, the director of city Parks & Recreation as well as members of the volunteer committee, compiled a concept plan for the dog park. Many of the trees were cleared and the clean up preformed by the volunteer committee and the community. The volunteer committee dissolved in 2019/20 and was reformed in 2021. Since the reformation of the volunteer committee fundraisers have taken place to provide essential funding for the park, presentations have been made to the community and city council and construction has begun on the park and site work has continued.Map 1 1.2 Project Goals 1.To provide a fenced-in, off-leash area. 2.To provide spaces for different types of canines that are catered to their needs/ size. 3.To provide human space that is covered. 4.To provide a welcoming and inviting space that includes seating. 5.To provide a space that has been seeded, that is accessible to all beyond the gate, with groups of vegetation planted while providing for a sanitary environment which may include plastic doggie bag dispensers. 6.To provide rules and regulations for each section of the park to ensure safety and maintenance of the space. 7.To provide a financially sustainable plan that addresses all facets of the space in perpetuity. IMAGE CURTESY OF HTTPS://ABC13.COM/DOG-PARKS-HOUSTON-TOP-10-BEST/486410/ 2. PROJECT PROGRESS Throughout 2021 the volunteer committee was able to hold several community meetings and outreach efforts which garnered support for the dog park both financially and in volunteerism. The committee was able to form a core group of members to meet with city officials to facilitate communications and aid in the construction of the park. Several fund raisers and raffles have been held to earn funds for park construction and amenities. With those funds the cleared area for the park was hydroseeded this fall in the hopes that grass will be able to take over the area in the spring of 2022. The City Counsel also authorized $25,000 in funding from the Daubenspeck fund to assist with the cost of fencing. Fencing began in the fall of 2021 but was halted due to some miscommunication which has led to the redrafting of the park plan. •Reformation of the volunteer committee •Community Outreach Meetings •Public presence •Multiple Fundraisers and donations recieved •Cleared area was hydroseeded •Fencing began WHERE ARE WE NOW? THE CURRENT STATE OF THE PARK AND WHERE WE’RE GOING 3. CURRENT STATUS Although fencing of the dog park began in the fall of 2021, operations were halted at the end of October when it was discovered that the area to be fenced in did not match the concept map. The current area encompasses approximately 40,000 sqft nearly devoid of vegetation due to clearing and does not utilize the available space. Additionally, after receiving the final bill for the fencing that has been completed, this portion of the project is over budget and will need to be reconfigured. The current status of the fencing is noted in the city’s measurements as noted to the right. No additional work is scheduled at this time nor will be until such a time as the redrafted Master Plan is approved. Map 2 3.1 CURRENT FINANCIALS Cash on hand 53% Pending Project Requests 31% Pending Raffle Income 16% Current Cash on Hand - $16,897 Pending Project Requests -$10,000* Pending Raffle Income -$5000** *$10,000 was requested from the Kenai Community Foundation for pavilion construction. Approval pending **Raffle tickets are still being sold. If all tickets sell the income would total $5000 Income to date 0 5000 10000 15000 20000 25000 30000 Income Forms of Income Cash Personal Corporate Daubenspeck Expenditures to date 0 5,000 10,000 15,000 20,000 25,000 30,000 Expenses Expenditures Landscaping Fence Total Income to date = $44,491 Total Expenditures to date = $27,594 4. REDESIGN With the miscommunications that led to the nearly complete clearing of the dog park site of vegetation and unideal placement of fencing, goals 4 and 5 will not be fully met. To meet these goals the park will need to provide varied topography and vegetation. The original conceptual plan provided these elements with a tertiary trail through a small wooded area. That trail is no longer an option as the trees were removed. Replanting the trees is not a financially feasible solution. In addition to correcting the placement of the fence along the southern side of the park, a redesign is necessary to incorporate the elements of the Kenai dog park as promised to the community. Map 3 Map 4 4.1 NEW KENAI DOG PARK AREA PROPOSAL Map 6 Land Use The new park area utilizes an additional 40ft of land that was not included in the original fencing plan to the south of the park. It also expands into a previously unused vegetation screen area which will provide natural vegetation and topography the meet the plan goals Groundwork The new area will need cleared of any dead trees, dangerous conditions and dense underbrush. The area near the lake access also has a slight hill that may need to be addressed to accommodate fencing. Groundwork would be completed by a supervised volunteer group at no cost. Cost Measurements noted in the map to the left were taken in Winter when accurate readings were challenging. Additionally, an easement will need to be provided to the existing park path. With the preliminary figures, the redesign would require an additional 636 feet of 6ft fencing. Based on the fencing that has already been installed, the additional fence would cost approximately $17490* . Map 7 *This estimate includes the cost of finishing the current fence * This figure does not reflect materials already paid for or any more that can be accomplished through volunteerism 4.2 DESIGN ELEMENTS Design elements and site amenities incorporated into a dog park must be functional as well as durable. Functionality of the dog park must relate to the ability to provide off-leash recreation for dogs while maintaining a safe environment for dogs and human visitors alike. Durability is an important factor to consider in selection of materials and amenities used at dog parks. Not only are designed elements in dog parks subject to the weather and the natural elements, but they are also subject to high levels of daily wear and tear due to dogs running, jumping, playing, and relieving themselves. Installation as well as ongoing maintenance of the site contributes to the durability and functionality of its components. Fencing Fencing has been planned as 6ft tall in the large dog/ general use area and a minimum of 4ft in the small dog area. The fence is chain link with gated entries. The fence that was installed was installed by Fireweed Fence company and unless a more suitable alternative presents itself, they will complete the project as well. Funds for the fencing came from the Daubenspeck Fund and funds raised for the dog park. Additional fencing is required to complete the project and additional funds of approximately $15,000 will be needed to do so. Gates Each entry gate will be a 6ft double-gated for safety. The gate (kick plates, spacing, handles) must comply with ADA accessibility requirements. Their will be a separate entrance to the small and large dog areas within the main entrance gate. The ground near and around the gates must not hold water to ensure ADA accessibility and reduce mess. Fireweed fence has installed the gates for the main entrance. ADA compliance will be the responsibility of city officials. There is no current additional cost associated with the gates however, the city and volunteer committee may want to consider adding an additional double gate to the south end of the part near the dog retrieval area. 4.2 DESIGN ELEMENTS (CONT.) Surfacing The lawn of the large dog area has been hydroseeded to provided the dogs a grass surface. However, no surfacing has been done for the small dog area. Additionally, the entrance surface needs to be decided on and addressed. The committee will be responsible for the surfacing of the lawn areas. The city will be responsible for the surfacing of the entryway as it must be in compliance with ADA standards at no more than a 5% grade and a passable, compact surface. It is also important to note that the lawn will require a maintenance plan which includes mowing, rotation and reseeding or overused areas. 4.2 DESIGN ELEMENTS (CONT.) Dog Waste Stations and Receptacles The dog park will require a minimum of four (4) dog waste stations. The waste stations will consist of signage, waste disposal bag dispenser and bags and a waste receptacle. The pet waste receptacles are not the same as trash cans. These are to be 31 gallon galvanized steel round trash cans with lids, mounted to an 8ft U-post. The committee will purchase and install these with fund raised for the park. Each unit is estimated to cost $169+ shipping. Bags cost $55+ shipping per 2,000 bags. The city will be responsible for emptying and maintaining the waste stations. Site Amenities for Play While simply having the opportunity to run off leash and socialize with other dogs is beneficial for our canine companions, added play or design elements can support better quality play and socialization than a turf field alone. Natural options for stimulus include trees, logs, boulders, as well as varied topography and surfaces. Agility equipment and other obstacles can also be added to enrich the experience of both the dog and owner. These elements will be the last added and dependent upon the final layout of the park. The volunteer committee will provide appropriate equipment with the assistance of donations. 4.2 DESIGN ELEMENTS (CONT.) Additional Design Features Memorial Feature –The committee and city may want to consider a memorial feature at a later date. Memorial features are a great benefit to a community. They provide a place for the owner to visit to remember their beloved pet and help that owner feel connected to other members of the community that have also suffered a loss. Memorial features come in different sizes and styles from statues to paving bricks. The volunteer committee would also like to consider allowing community members to purchase an item for the park in memory of their pet. The items being considered are benches, paving stones and plaques. This item will be readdressed in phase 3. Paw Tree –A large Tree sculpture is planned for the back wall of the pavilion. Each paw-shaped leaf will have the name of a major sponsor. The estimate for this project has not been completed. Any required funds will come from donations Benches and Tables Benches will be included in the ark to provide needed seating. This will be separated into 2 separate phases. 4 benches to be installed in phase I and 4 additional benches to be installed in Phase III. Picnic tables are also recommended. However, the tables will be revisited at the completion of the park in phase III to confirm available space before purchase. The committee is responsible for the purchase and installation of benches and table. Funds will come from donations. 4.3 PUBLIC SAFETY AND RISK MANAGEMENT Lighting Lighting must be provided in the park with a minimum of one light pole in each the small and large dog area as well as lighting for the pavilion and entrance. Funding and installation of the lighting and power will the responsibility of the city of Kenai Security Cameras Security Cameras are highly recommended for liability purposes. In the event of a dog-on-dog or dog-on- human incident, having video of the altercation would be beneficial to all parties involved. In the even of an accident, security cameras also can show that the park was in good repair, appropriate signs are posted and reduce any liability the city may have. 3-4 camera are recommended; one for each side of the park, one for the entry and one for the pavilion. Security camera installation, monitoring and maintenance are the responsibility of the city of Kenai. Public Safety issues at dog parks are of concern. It is the goal of public parks to contribute positively to public health in a safe manner. Introducing formally sanctioned areas for canine recreation can detrimentally introduce perceived issues related to dog aggression, illness and vaccinations. The following public and risk management items will reduce and monitor hazardous conditions in order to provide the best possible experience for dogs and dog owners. 4.3 PUBLIC SAFETY AND RISK MANAGEMENT (CONT.) Rules and Regulations Rules signs will be posted at the entrance to the park. Best practices regarding specific rules and regulations posted include: Dogs are required to wear a collar with current license and rabies tags Maximum 2 dogs per owner/handler per visit No female dogs in heat allowed in dog park No puppies under 4 months allowed in dog park Aggressive dogs are not allowed and any dogs exhibiting aggression must be removed by owner immediately Dog leash laws apply up to dog park fenced boundaries Dog leash to be removed inside double gate; dogs shall not wear leashes inside the dog park for their own safety Dogs shall not be left unattended at any time Children under the age of 16 must be accompanied by an adult when inside the dog park No children under the age of (xx) allowed inside the dog park (Age varies; should be determined by City) Owner/handler must fill in any holes dug by their dogs Owner/handler must pick up and dispose of any solid dog waste Owners are legally responsible for their dogs and any injuries/damages caused by their dogs Hours shall be clearly posted Posted procedure for reporting violations of posted rules or of dog bites and other emergencies that occur within the park (may include notice to call 911, to call Animal Control, or other) Requirement that dogs be current on parasite treatment and vaccinations including distemper, and parvovirus Requirement that all dogs using the dog park be altered (i.e. spayed or neutered) Professional dog trainers are prohibited from using park for training purposes unless permission has been secured from the City 4.3 PUBLIC SAFETY AND RISK MANAGEMENT (CONT.) Rules and Regulations (cont.) Signs will be printed in highly visible colors and may Incorporate the City seal onto signs to clearly convey park ownership/management. In addition to the Rules and Regulation signage, other signs will include: Post signs identifying large and small dog park areas, Name of the Park Signage on any added dog play equipment that specifies the equipment is for dog use only Funds for the signage will come from donations. The estimates cost for signage is $700-$1100. The committee will purchase and install signage after approval by city officials. 4.3 PUBLIC SAFETY AND RISK MANAGEMENT (CONT.) Accessibility As a public amenity, the dog park must provide equitable access to park users in compliance with the Americans with Disabilities Act (ADA). At minimum, provisions shall include an unobstructed path of travel between the nearest public access point (sidewalk or accessible parking spots in parking lot) through the double-gated dog park entry and extending into the dog park. In addition to these basic provisions, best practices for universal access and inclusivity from other dog parks include: • Use of surfacing that does not inhibit use by wheelchairs, walkers, or strollers • Provision of a looped path at least 4’ wide and made of compliant surfacing to allow full use of the park to all park users • Ensure access to potable water is available • Accessibility to nearby restroom facilities is recommended • Provide for seating in shaded areas within the dog park and along an accessible path of travel from the dog park entrance The entrance to the park is accessible from the parking area by a path which will need to be modified to be ADA compliant. Additionally, any pathways will need to be ADA compliant as well. The installation, maintenance of ADA pathways will be the responsibility of the city. 4.3 PUBLIC SAFETY AND RISK MANAGEMENT (CONT.) Water Dog and citizen visitors to the park will need a source of water to stay hydrated. Several different water dispensing methods were discussed. A dual fountain/ dog waterer is recommended. This item would provide potable water to dogs and owners alike. Should it not be possible to get water run into the park, a handpump may work. This is largely dependent on the quality of water that would be dispensed. Installation and maintenance of a water feature is the responsibility of the city. Images Courtesy of https://homeguide.com/costs/well-pump-cost and https://www.belson.com/Haws-Barrier-Free-Powder-Coated-Hi-Lo-with-Pet-Bowl-Pedestal-Drinking-Fountain 4.3 PUBLIC SAFETY AND RISK MANAGEMENT (CONT.) Maintenance Standards To ensure the safety of visitors to the park, a positive community impression, and the longevity of the facilities, the dog park will need to be regularly maintained. Site maintenance best practices procedures for municipal dog parks include: Design dog parks to have crushed stone underneath fencing extending 30” horizontally from the base of the fence to discourage digging and protect fencing from landscaping machinery Regular emptying of garbage receptacles and re-lining receptacles Regular site maintenance including removal of garbage, debris, and dog waste Regularly top off dog waste baggies Annual and/or seasonal review of site amenities, fencing, and gates to ensure safety compliance Annual and/or seasonal check of potable water (drinking fountains) Annual and/or seasonal maintenance of trees an other landscape materials Annual maintenance of ground surface treatment Regular rotation of turf areas to allow for turf rest periods The committee will be responsible for at least 3 trash receptacles to be located, one each, in the entrance, large dog area and small dog area. The cost for these the receptacles is $435 each plus shipping. Funds for these receptacles will come from donations. The city will be responsible for all other aspects of maintenance. A STRUCTURED PLAN FINDING THE MOST PRODUCTIVE PATH FORWARD FOR THE COMMUNITY THE CHALLENGES WE FACE Volunteers can not complete the water feature, lights, security cameras, or ADA accessibility. These items must be completed by professionals beyond what the committee can provide. The fence posts for the entry are already installed making it exponentially more difficult to install an ADA accessible walkway with suitable topography and ensure a less than 5% grade. Some of the 6’ fence posts are already installed along the south side of the dog park and will need to be relocated. The winter weather has halted any progress until the spring. The current available funds from donations will only cover a portion of the remaining fencing project. Some of those funds were earmarked for specific projects by the donor. If the entirety of the balance is spent on the fence, we will not have enough funds to complete phase I. PHASE I What Needs Done?Who Will Do It? Scope of Work Groundwork Volunteers Remove hazardous trees and brush from additional land, Prune what will be kept, level ground to ensure safety Fence Committee, Volunteers, Fireweed Fence Remove 6’ posts on southside and extend perimeter, Get new estimate from Fireweed, Correct entrance gate height. Complete 6’ fencing and 4’ fencing. Pavilion Unknown Build the pavilion to specifications Benches Volunteers, Committee Purchase and install 4 benches in the dog park. 2 under the pavilion and one in each separate area Pet Waste receptacles Volunteers, Committee Purchase and install 4 Pet Waste stations in the dog park. 1 in the small dog area and 3 in the large dog area. Including 8’ U-post, mounting and securing the sign, bag dispenser and waste can Trash Cans Volunteers, Committee Purchase and install 4 Trash Cans in the dog park. 1 in the small dog area, 1 under the pavilion and 2 in the large dog area PHASE II What Needs Done?Who Will Do It? Scope of Work Lights City of Kenai Purchase and install safety lighting in the dog park including running power to the park if needed. Install pole lights in at least 2 locations in the park to provide optimal illumination of the small dog area and lawn. Install lighting in and on the pavilion to light the entry way and inside the pavilion. Security Cameras City of Kenai Purchase and install Security cameras. Cameras to be mounted on pole lights and in and on the pavilion ADA Accessibility City of Kenai Complete ground and surface work to ensure that the path from the parking area to the park is less than 5% grade and constructed of a substance that will not hinder the progress of wheelchairs, walkers and strollers. Ensure gate latches are ADA compliant. Ensure ADA compliant surface extends into the park to the main lawn area Water feature City of Kenai Purchase and install a suitable water feature including getting water running to the park if needed. PHASE III What Needs Done?Who Will Do It? Scope of Work Maintenance City of Kenai The city of Kenai will provide park maintenance on going. Lawn care and landscaping, waste removal, plowing, sanding, repairs, etc. Benches Committee, volunteers Purchase and install 4 additional benches. Placement TBD Paw Tree Committee, volunteers, Metal Magic Install Paw Tree on Pavilion wall Tables Committee, volunteers Purchase and install up to 4 Picnic tables. Locations TBD 8. MEMORANDUM OF UNDERSTANDING Item Estimate Qty Total Funds Responsibility Phase Fence 17490*1 Donations Committee I Pavilion $10000**1 KCF****Committee I Dirt Work $0 1 $0 NA Committee I Bench Phase I $500 4 Donations Committee I Bench Phase III $500 4 Donations Committee III Tables $675 TBD Donations Committee III Dog Waste Disposal $169 4 Donations Committee I Pet waste bags $55 2 Donations Committee***! Signage $700-$1100 2 Donations Committee I Memorial UNK 1 ##Donations Committee III Paw Tree UNK 1 ##Donations Committee III Trash Cans $435 3 Donations Committee I Lights UNK 4 ##City City II Cameras UNK 4 ##City City II Water UNK 1 ##City City II ADA Compliance/ Surfacing UNK 1 ##City City II Maintenance Ongoing 1 ##City City III *This estimate includes the cost of finishing the current fence - This figure does not reflect materials already paid for or any more that can be accomplished through volunteerism **$10,000 is a rough estimate based on the blueprints *** The committee will purchase the first two(2) cases of pet waste bags (4,000). The city will be respolsibile for future bags. ****$10,000 is the amount of funds requested and pending approval through the Kenai Community Foundation Kenai City Council - Regular Meeting Page 1 of 4 January 05, 2022 Kenai City Council - Regular Meeting January 05, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes) per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3261-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of a Hold Locker. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3262-2021 - Accepting and Appropriating a Grant from the Institute of Museum and Library Services Passed Through the Department of Education and Early Development, Division of Library, Archives & Museums for the Purchase of Steam Kit Shelving, Library Materials, and Other Items. (Administration) 3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3263-2021 - Increasing Estimated Revenues and Appropriations in the General Fund – Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) Kenai City Council - Regular Meeting Page 2 of 4 January 05, 2022 4. ENACTED UNANIMOUSLY. Ordinance No. 3264-2021 - Accepting and Appropriating Asset Forfeiture Funds Provided to the City of Kenai through the State of Alaska Department of Public Safety. (Administration) 5. ENACTED. Ordinance No. 3265-2021 - Increasing Estimated Revenue and Appropriations in the General Fund and the Parks Improvement Capital Project Fund for Additional Kenai Dog Park Funding. (Vice Mayor Glendening and Council Members Winger and Baisden) 6. ADOPTED UNANIMOUSLY. Resolution No. 2022-01 - Approving the Purchase of Fifteen Mobile Radios and Associated Programming for the Police and Fire Departments Under Sole Source Purchases from Motorola Solutions Using NASPO Valuepoint Contract Pricing for the Total Price of $83,979.77. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2022-02 - Adopting an Alternative Allocation Method for the FY22 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity In FMA 14: Cook Inlet Area. (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2022-03 - Amending the Employee Classification Plan to Change the Range of the Human Resources Director. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of December 15, 2021. (City Clerk) F. UNFINISHED BUSINESS 1. APPOINTMENTS OF GWEN WOODARD AND JEFF TWAIT CONFIRMED. Action/Approval - Confirmation of Mayoral Nominations for Appointment to the Planning and Zoning Commission. (Mayor Gabriel) [Clerk's Note: At the December 15, 2021 Meeting, this item was Postponed to this meeting.] G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified. (Administration) 2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to Marijuana License Transfer for Herban Extracts, LLC. (City Clerk) 3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to Liquor License Renewals for Country Liquor, Wal-Mart Supercenter and American Legion Post 20. (City Clerk) 4. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to Schilling Alaska, Inc., d/b/a the Uptown Motel for Snow Storage. (Administration) 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 1/19/2022. *Ordinance No. 3266-2022 - Accepting and Appropriating Funds in the Airport Fund, and Kenai City Council - Regular Meeting Page 3 of 4 January 05, 2022 Accepting Two Grants From the Federal Aviation Administration Under the American Rescue Plan Act of 2021 (H.R. 1319, Public Law 117-2). (Administration) 6. APPROVED UNANIMOUSLY. Action/Approval – Kenai Bluff Stabilization Project Thank You Letter (Council Member Pettey) 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 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 M. PENDING ITEMS N. ADJOURNMENT O. INFORMATION ITEMS 1. Purchase Orders Between $2,500 and $15,000 2. Thank You Letter to VFW The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Kenai City Council - Regular Meeting Page 4 of 4 January 05, 2022 Join Zoom Meeting OR https://us02web.zoom.us/j/87968544334 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 879 6854 4334 Passcode: 274988 Meeting ID: 879 6854 4334 Passcode: 274988