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Home My WebLink About2023-10-19 Council PacketKenai City Council - Regular Meeting Page 1 of 2 October 19, 2023 Kenai City Council - Regular Meeting October 19, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 2** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Certification of the October 3, 2023 Election Results a. Swearing in of Election Officials. (Term of office for those elected during the October 3, 2023 Regular Election begins on Monday, October 23, 2023.) 4. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. Ordinance No. 3374-2023 - Increasing Estimated Revenues and Appropriations in the Airport Fund for the Purchase of Aviation Fuel Due to Fuel Sales at the Kenai Municipal Airport Float Plane Basin Being in Excess of Budgeted Amounts. (Administration) F. MINUTES 1. *Regular Meeting of October 4, 2023. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License for Cook Inlet Cannabis Co., DBA East Rip - License No. 13382. (City Clerk) 3. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License KRC LLC, DBA Kenai River Cannabis - License No. 17808. (City Clerk) Page 1 Kenai City Council - Regular Meeting Page 2 of 2 October 19, 2023 4. *Ordinance No. 3375-2023 - Accepting and Appropriating Donations from the Kenaitze Indian Tribe to Both the Animal Shelter and the Senior Center. (Administration) 5. *Ordinance No. 3376-2023 - Increasing Estimated Revenues and Appropriations in the General Fund, Parks and Recreation Department for the Purchase of Playground Equipment Utilizing a Grant from Marathon Petroleum. (Administration) 6. Action/Approval - Airport Terminal Landscaping Project Revision - Bronze Bear Project. (Administration) I. 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 J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 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/84392104903 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 843 9210 4903 Passcode: 573806 Meeting ID: 843 9210 4903 Passcode: 573806 Page 2 City of Kenai Regular Election of October 3, 2023 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 3, 2023. Absentee, Questioned & Personal Needs Ballots Voted (In-person, By-Mail, By-Request and Personal Needs) 183 Absentee, Questioned & Personal Needs Ballots Rejected 3 Absentee, Questioned & Personal Needs Ballots Counted 180 Poll Voter Turn Out 639 / 10.02% Total Voter Turn Out 819 / 12.85% Number of Kenai Registered Voters 6375 ******************************************************************************************** FOR CITY COUNCIL, TWO THREE-YEAR TERMS CANDIDATES POLL VOTES RECEIVED ABSENTEE, ETC. VOTES RECEIVED TOTAL VOTES RECEIVED WINGER, Teea M. 262 59 321 KNACKSTEDT, Henry H. 318 119 437 PETTEY, Glenese 238 74 312 DANIEL, Phillip D. (Phil) 256 70 326 Write-In 5 2 7 ________________________________ ________________________________ Brian Gabriel, Sr., Mayor Victoria Askin, Council Member ________________________________ ________________________________ Alex Douthit, Council Member Henry Knackstedt, Council Member ________________________________ ________________________________ Deborah Sounart, Council Member James Baisden, Vice Mayor ________________________________ Teea Winger, Council Member ATTEST: _______________________________ ________________________________ Michelle M. Saner, MMC, City Clerk Date ~ K~NAI Page 3 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3374-2023 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT FUND FOR THE PURCHASE OF AVIATION FUEL DUE TO FUEL SALES AT THE KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN BEING IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the Airport budgeted $20,000 in fiscal year 2024 for the purchase of aviation fuel to be resold at the Airport float plane basin; and, WHEREAS, the demand for aviation fuel significantly increased with a commercial float plane operation utilizing the float plane basin and the budgeted amount was depleted as of September 21, 2023; and, WHEREAS, the float plane basin season is open until the third week of October 2023; and, WHEREAS, in order to provide aviation fuel at the float plane basin for the remainder of fiscal year 2024, the Airport needs to appropriate $15,000 for the purchase of additional fuel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the estimated revenues and appropriations be increased as follows: Airport Fund: Increase Estimated revenues Fuel Sales $15,000 Increase Appropriations Other Buildings and Areas Operating Supplies $15,000 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF OCTOBER, 2023. ___________________________________ Brian Gabriel Sr., Mayor Page 8 Ordinance No. 3374-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: October 4, 2023 Enacted: October 18, 2023 Effective: October 18, 2023 Page 9 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Mary Bondurant, Interim Airport Manager DATE: September 27, 2023 SUBJECT: Ordinance No. 3374-2023 Appropriation of Funds This memo recommends support of Ordinance No. 3374 -2023 appropriating funds into the Float Plane Basin operating supplies budget for aviation fuel. The original FY2024 budget for aviation fuel was $20,000 with an additional $4,000 transferred from another account to ensure the Airport could provide fuel into the third week of October. The basin will then be closed, drained, and reopened in May 2024. This additional $15,000 is necessary for the Airport to purchase and provide fuel to float plane operators from May to June 2024. From July 1, 2023 to September 27, 2023 the Airport has sold 4,722 gallons of aviation fuel with sales totaling $36,172. Authorization of this $15,000 is recommended to meet the fuel demand for the float plane basin users in the spring of 2024. Thank you for your consideration. Page 10 KENAI CITY COUNCIL – REGULAR MEETING OCTOBER 4, 2023 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR JAMES BAISDEN, PRESIDING City of Kenai Council Meeting Page 1 of 6 October 4, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on October 4, 2023, in City Hall Council Chambers, Kenai, AK. Vice Mayor Baisden called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Baisden led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: James Baisden, Vice Mayor Henry Knackstedt Teea Winger Deborah Sounart Alex Douthit Victoria Askin A quorum was present. Absent: Brian Gabriel, Mayor Also in attendance were: **Xinlan Tanner, Student Representative Dave Ross, Acting City Manager Scott Bloom, City Attorney Tony Prior, Fire Chief Scott Curtin, Public Works Director Shellie Saner, City Clerk 3. Agenda Approval Vice Mayor Baisden noted the following additions to the Packet: Add item K.3. City Clerk’s Report • Unofficial Election Results MOTION: Council Member Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Winger SECONDED the motion. The items on the Consent Agenda were read into the record. Vice Mayor Baisden opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. *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 Page 11 City of Kenai Council Meeting Page 2 of 6 October 4, 2023 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. Vice Mayor Baisden presented representatives from the LeeShore Center with a proclamation declaring October 2023 as Domestic Violence Awareness Month. B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS Bob Molloy stated his appreciation for the opportunity to work as an Absentee Voting Official and noted it was great to see how state and local laws were implement; accountability reporting procedures; Americans with Disabilities Act compliance procedures; and voting methods for people who cannot come to the polls. Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center provided an update regarding the Haunted Chamber and reported that there were five seats up for the Chamber Board of Directors. Paul Shadura addressed the Council regarding previous requests by the City Council to the Board of Fisheries to move the Upper Cook Inlet Regulatory meetings from Anchorage to the Kenai/Soldotna area; he thanked staff and Council Members for helping provide previous legislations and correspondence to assist with his request this year. E. PUBLIC HEARINGS 1. Ordinance No. 3371-2023 - Accepting and Appropriating Funds from the Institute of Museum and Library Services, Passed through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for Library Employee Training. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3371-2023. Council Member Askin SECONDED the motion. Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Askin, Winger, Sounart, Knackstedt, Douthit, Baisden NAY: None ABSENT: Gabriel **Student Representative Tanner: Yea MOTION PASSED. 2. Ordinance No. 3372-2023 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Materials. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3372-2023. Council Member Askin SECONDED the motion. Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Page 12 City of Kenai Council Meeting Page 3 of 6 October 4, 2023 Gratitude was expressed to the Library Director for applying and receiving grant funds. VOTE: YEA: Winger, Sounart, Knackstedt, Douthit, Baisden, Askin NAY: None ABSENT: Gabriel **Student Representative Tanner: Yea MOTION PASSED. 3. Ordinance No. 3373-2023 - Amending Kenai Municipal Code 14.20.330 - Standard for Commercial Marijuana Establishments to Prohibit Licensed Retail Marijuana Establishments from Serving Customers through a Walk-Up or Drive-Through Window. (Baisden, Winger, Douthit) MOTION: Council Member Askin MOVED to enact Ordinance No. 3373-2023. Council Member Sounart SECONDED the motion. Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding support of the Ordinance; concerns with the state changing laws that created more enforcement issues within the local municipalities; and concerns with possible consumption in public. VOTE: YEA: Sounart, Knackstedt, Douthit, Baisden, Askin, Winger NAY: None ABSENT: Gabriel **Student Representative Tanner: Yea MOTION PASSED. 4. Resolution No. 2023-60 - Authorizing the Use of Equipment Replacement Fund to Purchase a Second Replacement Ambulance for the Fire Department Fleet Under the Existing Contract with Braun Northwest, and Authorizing a Change Order to the Contract. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-60. Council Member Winger SECONDED the motion. Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the anticipated delivery date of March 2024; the shortened equipment replacement schedule being due to higher call volumes; and the increased call volumes were due to the increased assisted living facilities. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. 5. Resolution No. 2023-61 - Authorizing the Use of the Equipment Replacement Fund for the Purchase of Snow Removal Equipment for the City Streets Department Utilizing a State of Alaska Procurement Contract. (Administration) Page 13 City of Kenai Council Meeting Page 4 of 6 October 4, 2023 MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-61. Council Member Askin SECONDED the motion. Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the availability of the equipment; the City currently does not have this equipment; and it will assist with widening the roads after the initial snow removal, could potentially clear bike paths, and expedite the clearing of cul-de-sacs. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. F. MINUTES 1. *Regular Meeting of September 20, 2023. (City Clerk) G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Ordinance No. 3374-2023 - Increasing Estimated Revenues and Appropriations in the Airport Fund for the Purchase of Aviation Fuel Due to Fuel Sales at the Kenai Municipal Airport Float Plane Basin Being in Excess of Budgeted Amounts. (Administration) Introduced by the consent agenda and Public Hearing set for October 19, 2023. 3. Discussion/Action - Cancelling the December 6, 2023 City Council Meeting to Allow for Council Member Travel to the Alaska Municipal League Conference. (Administration) There was discussion in support of cancelling the December 6, 2023 meeting so that Council Members may attend the Alaska Municipal League (AML) Conference and staff could attend the affiliate meetings that would also be taking place. MOTION: Council Member Askin MOVED to cancel the December 6, 2023 City Council Meeting. Council Member Sounart SECONDED the motion. UNANIMOUS CONSENT was requested on the motion. VOTE: Motion APPROVED; without objection. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging No report, next meeting October 12, 2023. 2. Airport Commission No report, next meeting October 12, 203 3. Harbor Commission Council Member Douthit reported on the September 11, 2023 work session. Page 14 City of Kenai Council Meeting Page 5 of 6 October 4, 2023 4. Parks and Recreation Commission No report, next meeting October 5, 2023 - Joint Work Session with the Beautification Committee. 5. Planning and Zoning Commission Vice Mayor Baisden reported on the September 27, 2023 meeting and reported that the meeting of October 11, 2023 was cancelled. 6. Beautification Committee No report, next meeting October 5, 2023 - Joint Work Session with the Parks and Recreation Commission. J. REPORT OF THE MAYOR Vice Mayor Baisden thanked all of the candidates who ran for City Council. K. ADMINISTRATION REPORTS 1. City Manager - Acting City Manager Ross reported on the following: • Conditional offer was made to Mr. Derek Ables for the Airport Manager position. • Paving is complete on the Miscellaneous Street Repair Project, the 1st Avenue Project; and the North Willow Street Project was about 95% complete. • Design work has begun on the Cemetery Creek culvert replacement project. • Salamatof Native Association has contacted the City regarding working on other culvert replacement projects within the City. 2. City Attorney - No report. 3. City Clerk - City Clerk Saner reported on the following: • Reminded everyone that Wednesday October 18, 2023 is a recognized holiday of the City “Alaska Day” and the next City Coucnil meeting would by on Thursday October 19, 2023. • Provided an update on the number of absentee, personal representative and questioned ballots to be canvassed. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) 2. Council Comments Council Member Douthit reported his attendance at the New Hope Counseling Center Harvest of Hopes fundraiser and the Kenai Fine Art Center Harvest Auction fundraiser. Student Representative Tanner reported on Connection Home School activities: cards for athletes participating in athletic events at other schools; National Honors Society ceremony induction of four new members; second annual forest gathering focused on wildland fire prevention and an upcoming Fuel Your Future meeting. Kenai Central Highschool: Volleyball schedule; Football schedule; Swim Meet schedule and Wrestling schedule. Kenai Alternative School: Planning Thanksgiving and Christmas Events. Council Member Sounart reported attending the Bluff Stabilization signing event; working as an Election Precinct Co-Chair and recommended everyone work at least one election; she thanked all of the candidates for running. Page 15 City of Kenai Council Meeting Page 6 of 6 October 4, 2023 Council Member Askin reported attending the Kenai Fine Art Center Harvest Auction; the Honored American Veterans Afield (HAVA) event; the Bluff Stabilization signing event; she thanked all the election workers for their work. Council Member Winger welcomed Student Representative Tanner and thanked her for her detailed report; reported attending the Bluff Stabilization signing; thanked the election workers and candidates who ran for office; reminded everyone about the Kenai Peninsula Borough meeting regarding salt brine on the roads; reminded everyone the Kenai Slash site would be closing soon and to fire wise their property; and reported working the Kenai River Marathon. Council Member Knackstedt reported attending the Bluff Stabilization signing, the Kenai Fine Art Center Harvest Auction; and noted his appreciation for election workers. M. EXECUTIVE SESSION - None. N. PENDING ITEMS - None. O. ADJOURNMENT P. INFORMATIONAL ITEMS 1. CIRCAC Director's Report There being no further business before the Council, the meeting was adjourned at 7:04 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of October 4, 2023. ___________________________________ Michelle M. Saner, MMC City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 16 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: OCTOBER 19, 2023 VENDOR PERS PREMERA HOMER ELECTRIC INVESTMENTS VENDOR DESCRIPTION PERS OCTOBER PREMIUM ELECTRIC USAGE DESCRIPTION DEPARTMENT VARIOUS VARIOUS VARIOUS MATURITY DATE ACCOUNT LIABILITY INSURANCE UTILITIES AMOUNT AMOUNT 105,837.71 200,089.13 103,115.65 Effect. Int. Page 17 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Shellie Saner, City Clerk DATE: September 18, 2023 SUBJECT: Marijuana License Renewal – East Rip The following establishment submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of marijuana license: Applicant: Cook Inlet Cannabis Co. D/B/A: East Rip License Type: Retail Marijuana Store License No: 13382 Pursuant to KMC 2.40 a review of City accounts has been completed and the applicant has satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the marijuana license renewal will be forwarded to AMCO and applicant. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 18 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 September 8, 2023 Licensee: Cook Inlet Cannabis Co. DBA: East Rip VIA email: ryan@east-rip.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Via Email: cityclerk@kenai.city ; micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; cjackinsky@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jbeauchamp@kpb.us Re: Retail Marijuana Store #13382 Combined Renewal Notice License Number: #13382 License Type: Retail Marijuana Store Licensee: Cook Inlet Cannabis Co. Doing Business As: East Rip Physical Address: 10767 KENAI SPUR HWY SUITE D KENAI, AK 99611 Designated Licensee: Ryan Tunseth Phone Number: 907-398-1233 Email Address: ryan@east-rip.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3 AAC 306.060. At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications. However, the board is required to consider this application HE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 19 independently if you have been issued any notices of violation for this license, if your local government protests this application, or if a public objection to this application is received within 30 days of this notice under 3 AAC 306.065. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2023/2024 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary, the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(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. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. 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 license renewal, 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. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Joan M. Wilson, Director 907-269-0350 ---v(#'5/ 1/1/' 7tf' ~ • Page 20 Action History (UTC-08:00) Pacific Time (US & Canada) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 9/8/2023 1 :51 :40 PM (Form Submission) by David Ross 9/8/2023 3 :34 :16 PM (Police Department Review) • The task was assigned to David Ross . The due date is: September 19 , 2023 5:00 PM 9/8/2023 1 :51 :42 PM by Donald Hendrickson 9/8/2023 3:49:04 PM (Building Official Review) " Cert of occupancy is current and no other building permits are required at this time . • The task was assigned to Donald Hendrickson . The due date is : September 19 , 2023 5:00 PM 9/8/2023 1 :51 :41 PM by Tina Williamson 9/8/2023 4:12:40 PM (Finance Asst Review) • The task was assigned to Tina Williamson . The due date is: September 19, 2023 5:00 PM 9/8/2023 1 :51 :42 PM by Cindy Herr 9/8/2023 4:23:22 PM (Legal Asst Review) " There are no monies owed in restitution or traffic fines. • The task was assigned to Cindy Herr. The due date is: September 19 , 2023 5 :00 PM 9/8/2023 1 :51 :42 PM by Jeremy Hamilton 9/12/2023 4:31 :03 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is : September 19 , 2023 5:00 PM 9/8/2023 1 :51 :41 PM by Linda Mitchell 9/14/2023 10 :43:27 AM (Lands Review) • The task was assigned to Linda Mitchell. The due date is: September 19, 2023 5:00 PM 9/8/2023 1 :51 :42 PM by Linda Mitchell 9/14/2023 10 :43:44 AM (P&Z Department Review) • The task was assigned to Linda Mitchell. The due date is: September 25, 2023 5:00 PM 9/14/2023 10:43:29 AM by David Swarner 9/14/2023 11 :21 :34 AM (Finance Review) • The task was assigned to David Swarner. The due date is: September 25 , 2023 5:00 PM 9/14/2023 10:43:28 AM by Scott Bloom 9/18/2023 9:48 :07 AM (Legal Review) • The task was assigned to Scott Bloom . The due date is: September 25 , 2023 5 :00 PM 9/14/2023 10:43:28 AM Page 21 AMCO License Application Date 9/8/2023 Establishment Information License Type Retail Marijuana Store Licensee Cook Inlet Cannabis Co . Doing Business As East Rip Premises Address 10767 Kenai Spur Hwy, Suite D Contact Information Contact Licensee Ryan Tunseth Contact Phone No. 907-398-1233 Additional Contact Information Name Phone No. Documents File Upload City, State Kenai , AK 13382 East Rip 2023-2024 Renewal Notice.pdf 13382 MJ-20 Ryan .pdf 13382 Online App_Redacted.pdf Contact Email ryan@east-rip .com Email 304.94KB 3 .76MB 145.72KB Page 22 5/11/2023 Recived AMCO AMCO Alcohol and Mar ijuana Cont rol Office 550 W 7th Avenue , Su ite 1600 Anc horage, AK 99501 marijuana . I icensi ng@a laska .gov https ://www.commerce .alaska.gov/web/amco Alaska Marijuana Control Board Phon e: 907.269.0350 Form MJ-20: 2023-2024 Renewal Application Certifications Why is this form needed? Thi s re newa l appli ca ti on cert ifi cat io ns form is req uired for al l mar iju ana estab li shment lic ense renewa l a pplication s. Each perso n signin g an app l ication for a m a riju ana es tabli shm e nt license mu st dec la re that he/she has read and is fami li ar with AS 17.38 and 3 AAC 306 . A perso n other th an a li censee m ay not have direc t o r in direct finan cia l interest (as defined in 3 AAC 30 6.0 lS(e )(l)) i n the business for w hi ch a mar iju ana establ ishment lic ense is issued, per 3 AAC 306.0 lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020 {b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Ente r i nform at ion for the li ce nsed es t a blishm ent, as id entifi ed on t he lic e nse application. Licensee: Cook Inlet Cannabis Co. J License Number: J 13382 License Type: Reta il Marijuana Store Doing Business As: East Rip Premises Address: 10767 Kenai Spur Hwy, Suite D City: Kena i I State: I Alaska I ZIP: I 99511 Section 2 -Individual Information Ente r inform atio n for the i nd ividua l l icensee w ho is co mpl et in g th is form. Name: Ryan Tunseth Title: Director, President, Secretary, Shareholder, Treasurer Section 3 -Violations & Charges Read each lin e below, and then sign your initials in t he box to the right of any app li cab le statements: I certify that I have not been co nv icted of any cr iminal charge in the p revious two ca le nd a r y ea rs. I ce rtify th at I have not committed a ny civi l vi olat io n of AS 04, AS 17.38, or 3 AAC 306 in the previous two ca lend ar years. I cert ify that a noti ce of vio lat ion has not be e n iss ued for t hi s lic e nse b etw ee n July 1, 20 22 and Jun e 30 , 20 23. Sign your initials to the following statement on ly if you are unable to certify one or more of the above statements : I have attached a written explanation for w hy I cannot ce rt ify one or more of t he above state m e nts, w hi ch includ es the type of violation or offense, as re qu i r ed under 3 AAC 306.035 (b). [Form MJ-20] (rev 5/1/2023) Initia ls Initia ls .. Page·l of i ~ Page 23 5/11/2023 Recived AMCO Alaska Marijuana Control Board Al\lCO Form MJ-20: 2023-2024 Renewal Application Certifications Section 5 -Certifications Read each line below, and then sign yo ur initials in the box to the right of each statement: I cert ify th at no perso n other than a li censee listed on my mariju ana esta bli shm en t li cense renewal app li cation has a direct or indirec t fin anci al i nteres t , as defined in 3 AAC 306.0 l S(e)(l), in th e b usi ness for which the mari ju ana estab l ishment l icen se ha s been iss ued. I cert ify that I mee t th e res idency r equ i reme nt und er AS 43.23 or I hav e submitted a residency except io n affid av it (MJ-2 0a) along w ith thi s app li cat ion. I certify that thi s esta b l ishm ent comp lies w ith any app li ca bl e hea lth , fire, safe ty, or tax st at ute, ordinance, reg ulation, o r other law i n the state . I certify that th e lic ense is operated in accordance wit h t he operat ing p lan cur rent ly ap prov ed by the Marijuana Contro l Bo ard. I certify that I am op erating i n com p l iance w ith the Alaska Departm ent of Labo r and Workforce Development's laws an d requirements pert ainin g t o emp loyees. I cert ify that I have not violated any restrict ions perta inin g to th is part icu lar li cense type, and that this license has not bee n operated in vio lation of a condition or restriction imp osed by the Marijuana Co nt ro l Boa rd . Initial this box if you are submitting an orig in al fingerprint card and the app li cable fees to AMCO for AMCO to obta in cr i minal ju sti ce informati on and a national cr i minal hi story record requ ired by AS 17.38.200 and 3 AAC 306.035(d). If I hav e multiple marijuana li ce nses b eing renewe d, I und ers tand one fing e rprint card and f ee wi ll suffi ce for al l marijuana li censes bein g renewed. If mu ltipl e lice nses are held, li st all lic ense numbers below: I h ere by ce rtify that I am the person herein named and sub scr ibing to thi s app licat ion and that I have read t he complete appli cat ion, and I know t h e full content thereof . I declare that al l of the inform at io n conta in ed here in, and ev id enc e or other documents submitted ar e t r ue and correct . I understand that any fa lsification or m isrep resenta tion of any item or respo nse in this app li cation, o r any attac hm ent, o r do cum ents to sup port this app lic ation, is suffi cient grounds for denyin g or revoking a licen se/pe rm it. I furth e r understa nd th at it is a Class A misdemeanor und er A laska Statute 11.56.210 to falsify an app l ication and commit the crime of un sworn falsification. Ryan Tu nseth Printed nam e of li ce nsee Initi als [Form MJ-20] (rev 5/1/2023) . 13382 Page 2 of 2 License# _______ _ Page 24 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Borough Clerk Office of the Borough Clerk Monday, October 9, 2023 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Retail Marijuana Store Business Name : East Rip License Location : Kenai/10767 Kenai Spur Highway Suite D, Kenai, AK 99611 License No. : 13382 Dear Ms. Saner, 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, Michele Turner, CMC Borough Clerk cc: ryan@east-rip.com amco.localgovernmentonly@alaska.gov Page 25 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Shellie Saner, City Clerk DATE: September 8, 2023 SUBJECT: Marijuana License Renewal – Kenai River Cannabis The following establishment submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of marijuana license: Applicant: KRC LLC D/B/A: Kenai River Cannabis License Type: Retail Marijuana Store License No: 17808 Pursuant to KMC 2.40 a review of City accounts has been completed and the applicant has satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the marijuana license renewal will be forwarded to AMCO and applicant. Your consideration is appreciated. Page 26 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 August 30, 2023 Licensee: KRC LLC DBA: Kenai River Cannabis VIA email: kenairivercannabis@yahoo.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Via Email: micheleturner@kpb.us ; tward@kpb.us ; mjenkins@kpb.us ; nscarlett@kpb.us ; cjackinsky@kpb.us; rraidmae@kpb.us ; slopez@kpb.us ; bcarter@kpb.us ; jbeauchamp@kpb.us ; cityclerk@kenai.city Re: Retail Marijuana Store #17808 Combined Renewal Notice License Number: #17808 License Type: Retail Marijuana Store Licensee: KRC LLC Doing Business As: Kenai River Cannabis Physical Address: 14429 Kenai Spur Highway Kenai, AK 99611 Designated Licensee: Clint Pickarsky Phone Number: 907-953-1985 Email Address: kenairivercannabis@yahoo.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3 AAC 306.060. At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications. However, the board is required to consider this application independently if you have been issued any notices of violation for this license, if your local government Page 27 protests this application, or if a public objection to this application is received within 30 days of this notice under 3 AAC 306.065. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2022/2023 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary, the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(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. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. 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 license renewal, 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. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Joan M. Wilson, Director 907-269-0350 Page 28 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 8/30/2023 2:12:25 PM (Form Submission) Approve by Jeremy Hamilton 8/30/2023 2:26:18 PM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: September 8, 2023 5:00 PM 8/30/2023 2:12:26 PM Approve by Donald Hendrickson 8/30/2023 2:37:58 PM (Building Official Review) Past Building permits are closed out and in good standing. The task was assigned to Donald Hendrickson. The due date is: September 8, 2023 5:00 PM 8/30/2023 2:12:27 PM Approve by David Ross 8/30/2023 3:08:05 PM (Police Department Review) The task was assigned to David Ross. The due date is: September 8, 2023 5:00 PM 8/30/2023 2:12:27 PM Approve by Tina Williamson 8/30/2023 5:39:08 PM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: September 8, 2023 5:00 PM 8/30/2023 2:12:27 PM Approve by Cindy Herr 8/30/2023 5:48:41 PM (Legal Asst Review) There are no monies owed for Clint Pickarsky in restitution or traffic fines. The task was assigned to Cindy Herr. The due date is: September 8, 2023 5:00 PM 8/30/2023 2:12:27 PM Approve by Linda Mitchell 8/31/2023 4:40:31 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: September 8, 2023 5:00 PM 8/30/2023 2:12:28 PM Approve by Linda Mitchell 8/31/2023 4:41:43 PM (P&Z Department Review) Compliant with CUP. The task was assigned to Linda Mitchell. The due date is: September 11, 2023 5:00 PM 8/31/2023 4:40:33 PM Approve by David Swarner 8/31/2023 6:22:56 PM (Finance Review) The task was assigned to David Swarner. The due date is: September 11, 2023 5:00 PM 8/31/2023 4:40:32 PM Approve by Scott Bloom 9/7/2023 11:35:34 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: September 11, 2023 5:00 PM 8/31/2023 4:40:32 PM Page 29 AMCO License Application Date License Type Licensee Doing Business As Premises Address City, State Contact Licensee Contact Phone No.Contact Email Name Phone No.Email File Upload 8/6/2023 Establishment Information Retail Marijuana Store KRC LLC Kenai River Cannabis 14429 Kenai Spur Hwy Kenai, AK Contact Information Clint Pickarsky 907- 953-1985 kenairivercannabis@yahoo.com Additional Contact Information Documents 17808 MJ-20.pdf 836.98KB 17808 Kenai River Cannabis 2023-2024 Renewal Notice.pdf 305.75KB 17808 Online App_Redacted.pdf 108.42KB Page 30 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2023-2024 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licenseE! (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application. Licensee: KRC LLC j License Number: j 17808 License Type: Retail Marijuana Store Doing Business As: Kenai River Cannabis Premises Address: 14429 Kenai Spur Highway City: Kenai I State: j AK I ZIP: 199611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form. Name: Clint Pickarsky Title: Managing Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued for this license between July 1, 2022 and June 30, 2023. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). [Form MJ-20) (rev 5/1/2023) Initials Initials Pagel of 2 6/5/2023 AMCO received Page 31 Alaska Marijuana Control Board Form MJ-20: 2023-2024 Renewal Application Certifications Section 5 -Certifications Read each fine below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska ::::: e :i:::::� o falsify an appHcatlon and commit the "lme of ,nswom falslficatlo � f-,;£--l',J,H.;i,t--l-�IIL.!<C--,&,<c.__,r'-----P r int e d name of licensee Initials It£] � Im lfil � � □ [Form MJ-20) (rev 5/1/2023) License# 17808 Page 2 of 2 6/5/2023 AMCO received Page 32 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Borough Clerk Office of the Borough Clerk Wednesday, October 11, 2023 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Retail Marijuana Store Business Name : Kenai River Cannabis License Location : Kenai/14429 Kenai Spur Highway, Kenai, AK 99611 License No. : 17808 Dear Ms. Saner, 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, Michele Turner, CMC Borough Clerk cc: kenairivercannabis@yahoo.com amco.localgovernmentonly@alaska.gov Page 33 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3375-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING DONATIONS FROM THE KENAITZE INDIAN TRIBE TO BOTH THE ANIMAL SHELTER AND THE SENIOR CENTER. WHEREAS, the City of Kenai recently received two donations from the Kenaitze Indian Tribe; one for the Kenai Animal Shelter in the amount of $3,000 and the other to the Kenai Senior Center in the amount of $1,000; and, WHEREAS, the funds designated for the Kenai Animal Shelter will be utilized to support the second Kenai Animal Shelter Animal Fair in the Spring of 2024 and purchase other additional equipment needs at the Shelter; and, WHEREAS, the funds designated for the Senior Center will be utilized to purchase needed kitchen supplies; and, WHEREAS, the acceptance of these donations to further the mission of the Animal Shelter and the Senior Center are in the best interest of the City and its residents. 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 donated funds and to expend them as authorized by this ordinance and in line with the intentions of the donor. Section 2. That the estimated revenues and appropriations be increases as follows: General Fund: Increase Estimated Revenues – Miscellaneous Donations $3,000 Increase Appropriations – Animal Control – Small Tools $1,500 Animal Control – Operating Supplies 1,500 $3,000 Section 3. That the estimated revenues and appropriations be increases as follows: Senior Citizen Fund: Increase Estimated Revenues – Misc. Donations $1,000 Increase Appropriations – Congregate Meals – Operating Supplies $1,000 Page 34 Ordinance No. 3375-2023 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 1st DAY OF NOVEMBER, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: October 19, 2023 Enacted: November 1, 2023 Effective: November 1, 2023 Page 35 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: October 6, 2023 SUBJECT: Ordinance No. 3375-2023, Donations to Kenai Animal Shelter The Kenai Animal shelter received an unsolicited donation recently from the Kenaitze Indian Tribe for $3,000. A letter that accompanied the donation from the Kenaitze Indian Tribe, Interim Executive Director Chelsea Hendriks, is attached. In 2023 the Animal Shelter utilized some grant funds to host the first annual Kenai Animal Shelter Animal Fair on the green strip in Kenai. This event was a success and the Shelter would like to build on that, and host another fair in 2024. The Animal Control Chief would like to use a portion of these funds to help put on that community event. The Animal Control Chief has also identified some other small tool needs for the remainder of the donated funds. The Animal Shelter is grateful for the support and partnership of the Kenaitze Indian Tribe in the Kenai Animal Shelter’s mission of making the community safer for individuals and animals. I am respectfully requesting consideration of the ordinance accepting and appropriating those donated funds. Page 36 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kathy Romain, Senior Center Director DATE: October 9, 2023 SUBJECT: Ordinance No. 3375-2023, Donations to Kenai Senior Center The Kenai Senior Center received a generous donation of $1,000 from the Kenaitze Indian Tribe. The funds are intended to support our ongoing efforts to provide a warm and inviting environment for our senior population. The Center will be utilizing these funds to purchase essential supplies, further enhancing our commitment to ensuring the comfort and well-being of our seniors. The Kenai Senior Center extends heartfelt gratitude to the Kenaitze Indian Tribe for its support and dedication to our local community. I am respectfully requesting consideration of the ordinance accepting and appropriating these donated funds. Page 38 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3376-2023 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, PARKS AND RECREATION DEPARTMENT FOR THE PURCHASE OF PLAYGROUND EQUIPMENT UTILIZING A GRANT FROM MARATHON PETROLEUM. WHEREAS, the City received a grant of $20,000 from Marathon Petroleum in November of 2022 to purchase an inclusive piece of playground equipment; and, WHEREAS, at the end of the Fiscal Year of 2023, these funds became fund balance in the General Fund; and, WHEREAS, appropriation of $20,000 in General Fund, fund balance in FY23 represents these previously received grant funds; and, WHEREAS, the funds will be used to purchase a piece of playground equipment called an Inclusive Seesaw and surfacing designed to be fully inclusive for kids of all ages and abilities; and, WHEREAS, the equipment will be placed at Municipal Park at the location where a large beetle killed tree was removed in the middle of the playground. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That estimated revenues and appropriations be increased as follows: General Fund: Increase revenues – Appropriation of Fund Balance $20,000 Increase expenditures – Parks & Recreation Machinery & Equipment $20,000 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1st DAY OF NOVEMBER, 2023. Page 40 Ordinance No. 3376-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: October 19, 2023 Enacted: November 1, 2023 Effective: November 1, 2023 Page 41 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: October 12, 2023 SUBJECT: Ordinance No. 3376-2023 During the summer of 2022, a large tree was removed from Municipal Park. This tree had died due to a spruce bark beetle infestation. It was featured in the middle of the playground and looked visually appealing until it died when it became unsightly and unsafe. Over the last decade, there has been a rise in the popularity of inclusive playground equipment so children of all ages and abilities can enjoy playgrounds. The Parks and Recreation Director wrote and applied for a grant for an inclusive piece of playground equipment installed where this tree used to be from Marathon Petroleum. The piece of equipment selected was an Inclusive Seesaw. This equipment provides a form of inclusive play for various ages and abilities. Its access point is off a paved path, which is not provided in any other playground in Kenai, and there is no seesaw feature currently at this playground. In November of 2022, Parks and Recreation was awarded the grant, and the money was donated to the City and recognized as revenue in the General Fund. This funding now resides in General Fund balance and appropriation now, in FY24, is consistent with utilizing the grant for its intended purpose. We want to thank Marathon for their support in purchasing this equipment. Your consideration is appreciated. Page 42 Model Number: 6299 Inclusive Seesaw Bring your community together with GameTime's Inclusive SeeSaw! Our adaptive seats allow four children to rock back and forth as a team. Our unique spring design creates a soothing rocking motion and prevents sudden movements. This seesaw also includes a central pod at trasnfer height that includes Braille and tactile sensory elements. Page 43 FEATURES AND BENEFITS:SPECIFICATIONS Model Number: 6299 Fall Height:3'' ( m) Age Group:2 to 5 Years, 5 to 12 Years, 2 to 5 or 5 to 12 Years Number of Children: 6 GameTime offers a limited lifetime warranty on uprights, hardware, and connections. Visit gametime.com/warranty for full warranty information. Central Pod w/ finger trace and sensory play opportunities Ergonomically designed seats with high back for additional support Gentle rocking system that provides soothing, vestibular feedback Builds strength and coordination Helps instill an inclusive mindset in children Page 44 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Mary Bondurant, Airport Manager DATE: October 6, 2023 SUBJECT: Airport Terminal Landscaping Project Revision – Bronze Bear Project In the beginning stages of planning the Terminal Rehabilitation Project, the Airport Administration worked on concepts for the landscaping needed after the project was complete, including a discussion with the US Fish and Wildlife Service on the possibility of incorporating a bronze wildlife sculpture to welcome passengers and visitors to the Airport. The Terminal Rehabilitation Project removed all existing landscaping and irrigation systems, and landscaping was not eligible to be funded with an Airport Improvement Project. However, a separate landscaping project to finalize exterior improvements and sprinklers was added to the City's Capital Improvement Plan, with a budget of $100,000 for fiscal year 2023. Ordinance 3282- 2022 appropriated an additional $15,000 to obtain a professional landscaping scope and design. The City requested proposals and contracted for landscape design services in 2022 in the amount of $28,255, with design services still ongoing. In August 2023, the US Fish and Wildlife Service reached out regarding the status of the landscape design and met with the Airport Administration and the City Manager’s office to discuss incorporating a bronze wildlife sculpture into the landscape design at the terminal. US Fish and Wildlife provided the attached sketches depicting the bronze statues discussed. The Bronze Bear Project was presented to the Airport Commission at its September 14, 2023 meeting, and the Commission was unanimous in support of the project. If the Council supports the project, the Airport Administration can move forward with incorporating the bronze bear family sculpture garden into the landscape design, identifying grant funding, and forming a fundraising committee to purchase the bronzes on behalf of the City. This bronze bear family sculpture garden will be an exciting addition to the City of Kenai and the Kenai Municipal Airport. Your support is respectfully requested. Attachments Page 45 The Kenai Municipal Airport Bronze Bear Family Sculpture Garden The Concept: To create a bronze wildlife sculpture garden that welcomes passengers and visitors who are departing and arriving at the Kenai Municipal Airport. This one-of-a-kind sculpture garden for Alaska will create an unforgettable experience and memory for all who visit the Kenai Municipal Airport. It will also provide countless photo opportunities that may be shared on an array of social media networks. Last, but not least, the bronze sculptures and accompanying landscaping would bring a degree of art that enhances and amplifies the recent improvements to the airport terminal. The Sculptures: The sculptures and accompanying landscaping capture the essence of the Kenai Peninsula and its wild treasures and beauty. The sculptures consist of a brown bear family (an adult sow and two cubs) caught in still-life poses that play out thousands of times a year on the Kenai Peninsula and many of the places the airport serves. The female bear will have just caught a salmon and is making her way toward one of the cubs on the bank. On the other stream bank, another brown bear cub is standing and making direct eye contact with airport passengers and visitors who are driving up to the terminal or approaching the “departure” doors. See the illustration for additional details. The Landscaping: The landscaping would depict a stream and surrounding stream banks. The (dry) stream would start back in the corner of the outdoor plaza and “flow” towards the existing sidewalk and ramp that leads to the “departure” entrance. Polished river rock, majestic boulders, and driftwood would make up the stream bed in which the sow bear stands. Out of the stream and on opposite stream banks, tall grass, native wildflowers, and some driftwood would be arranged on the banks. A few aspen trees would be near the terminal building in the back, helping to round out the multi-dimensional bronze bear sculpture garden. Cost Estimate: The three bronze bear sculptures are estimated at a total cost of $200,000. The landscaping cost is dependent upon local contractor services and prices are best estimated by local Kenai landscaping specialists. Page 46 Page 47 Page 48 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 27, 2023 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING Planning & Zoning Commission Meeting Page 1 of 4 September 27, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on September 27, 2023, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeff Twait, Chair Gwen Woodard Gary Greenberg Jim Glendening Diane Fikes John Coston (electronic participation) A quorum was present. Absent: Joe Halstead, Vice Chair Also in attendance were: Linda Mitchell, Planning Director Scott Bloom, City Attorney Meghan Thibodeau, Deputy City Clerk James Baisden, City Council Liaison 3. Approval of Agenda and Consent Agenda MOTION: Commissioner Greenberg MOVED to approve the agenda and consent agenda. Commissioner Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; 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. B. APPROVAL OF MINUTES 1. *Regular Meeting of September 13, 2023 Page 49 Planning & Zoning Commission Meeting Page 2 of 4 September 27, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS - None. F. PUBLIC HEARINGS 1. Resolution PZ2023-18 – Granting a Modification to a Condition Listed in Resolution PZ2023-05 for a Conditional Use Permit to Expand the Assisted Living Facility on the Property Located at 701 N. Forest Drive (Parcel ID: 04321030) in the Suburban Residential (RS) Zoning District. MOTION: Commissioner Greenberg MOVED to approve Resolution PZ2023-18. Commissioner Woodard SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet explaining that the applicant is requesting to modify a condition listed in Resolution PZ2023-05 for the expansion of the assisted living facility, which would require the applicant to obtain a minimum 60-foot right-of-way (ROW) easement on the adjacent property for ingress and egress from/to Ponderosa Street. This acquisition has been challenging, and the applicant is seeking a reduction of the ROW easement width from 60 feet to 30 feet to ensure the construction for the expansion can move forward. Zoning and uses of surrounding lots were reviewed; staff recommended approval subject to the conditions in CUPs (Resolutions PZ12-22, PZ15-24, and PZ2023-05) and the following condition: 1. Obtain a minimum 30-foot in width right of way easement on the adjacent property for ingress and egress from/to Ponderosa Street. Chair Twait opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Clarification was provided that the reduction in easement width would still provide adequate space for the applicant’s needs in terms of emergency access and parking; that this access would be secondary to the primary access in the front; and that the applicant would be responsible for snow removal of the easement and not the City. MOTION TO AMEND: Commissioner Woodard MOVED to amend Resolution PZ2023-18 by revising section 1 to read: “That a modification to condition 3 listed in Resolution PZ2023-05 to obtain a 60-foot right-of-way easement is reduced to a 30-foot in width right-of-way easement is granted for a conditional use permit to expand the assisted living facility on the property described as Tract 36A of Killen Estates 2014 Replat, and located at 701 N. Forest Drive.” Commissioner Glendening SECONDED the motion. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: YEA: Glendening, Greenberg, Woodard, Fikes, Twait NAY: None ABSENT: Halstead MOTION PASSED WITHOUT OBJECTION. Page 50 Planning & Zoning Commission Meeting Page 3 of 4 September 27, 2023 [Clerk’s note: Commissioner Coston abstained from discussion and voting on Resolution PZ2023-18 pursuant to KMC 14.05.025(e)] Chair Twait noted the 15-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval - Transfer of Conditional Use Permits (Resolutions PZ12-22, PZ15-24, and PZ2023-05) for an Assisted Living Facility on a Property Described as Tract 36A, Killen Estates 2014 Replat, Located at 701 N. Forest Drive in the Suburban Residential (RS) Zoning District. Approved by the consent agenda. 2. Action/Recommendation – Recommendations to Kenai City Council on Ordinance No. 3373- 2023 – Amendment of KMC Section 14.20.330-Standards for Commercial Marijuana Establishments. MOTION: Commissioner Glendening MOVED to recommend City Council approval of Ordinance No. 3373-2023. Commissioner Woodard SECONDED the motion. Clarification was provided that the City Council had referred Ordinance No. 3373-2023 to the Planning & Zoning Commission for their recommendations on any specific zoning-related considerations. James Baisden spoke in support and explained his reasons for sponsoring the ordinance, and answered questions from the Commission. Discussion ensued. VOTE: YEA: Fikes, Coston, Woodard, Greenberg, Glendening, Twait NAY: None ABSENT: Halstead MOTION PASSED WITHOUT OBJECTION. I. REPORTS 1. City Council – Vice Mayor Baisden reported on the actions of the September 20, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the September 11, 2023 Kenai Peninsula Borough Planning Commission Meeting. 3. City Administration – Planning Director Mitchell reported on the following: • Attended American Planning Association (APA) conference with Commissioner Woodard and Administrative Assistant Beth McDonald. • Currently recruiting for a second part-time Planning assistant. • Intends to bring a draft ordinance amending code for waterfront rezoning before the Commission on November 8th. • Attending a State training for emergency management coordination and notification. • Met with the Borough and participating cities regarding an appropriation for grant funding for the Safe Streets for All program. • Next meeting will include a rezone of commercial area. Page 51 Planning & Zoning Commission Meeting Page 4 of 4 September 27, 2023 J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: October 11, 2023 Commissioner Woodard noted she would be absent. L. COMMISSION COMMENTS AND QUESTIONS Commissioner Glendening noted he looks forward to the Commission, Committees and Council on Aging review. Commissioner Woodard noted she enjoyed her time at the APA conference. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS 1. City of Kenai Commissions, Committees and Council on Aging Review There being no further business before the Commission, the meeting was adjourned at 7:57 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of September 27, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 52 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Mary Bondurant, Interim Airport Manager DATE: October 9, 2023 SUBJECT: Airport Mid-month Report September 2023 2020/2021 Sand/SRE Storage Building – This project has a completion date of October 2023. Operations crew is looking forward to a readily available supply of heated sand instead of breaking into a frozen sand pile and spending valuable time restocking the sand bay. Additional efforts can now be directed to plowing and ice control. In-house Activities • The Airport received approval to hire for the vacant Seasonal Operator position and the applicant will start October 16, 2023. Eleven (11) applications were received for the Temporary Operator positions and eight (8) were interviewed. Three (3) applicants did not meet the minimum qualification of having a valid class B commercial driver’s license. • The Security Program for the Kenai Municipal Airport was updated and Peter S. Duffy, Federal Security Director for the State of Alaska, signed and approved the program on September 22, 2023. The Airport once again has an approved security program approved by TSA under Ꟙ1542.101 of 49, chapter XII. • The Airport’s pre-season winter operations meeting for all airport staff, equipment operators, airport users, tenants and contract snow plowers will be held on October 19, 2023, 9:00a.m., in the City Council Chambers. This is a FAA 139 requirement and gives everyone an opportunity to review the snow and ice control operations on the airport to ensure a safe operating environment. Topics of discussion will include snow and ice control procedures, equipment rules, safety, communications, NOTAM manager, and ground vehicle driving. • Saturday, October 21st, the Kenai Airport Operations Facility will be the location for Kenai Aviation’s 5th Annual Pumpkin drop and chili/cornbread cook-off. The event is from 10am to 5pm and open to the public. Page 53 Page 2 of 2 Airport Mid-Month Report Page 2 of 2 • RAVN Alaska notified the Airport on Friday, October 6 that air and freight service operations at the Kenai Airport would be discontinued after October 20, 2023. City Administration and the Airport will in discussions with the FAA on potential impacts and a plan to move forward. • The Airport will start draining the float plane basin down to one foot of water on Tuesday, October 17. This will expose the heavy aquatic plant growth to a deep freeze and kill it. The Airport has been doing this since 2014 and this method continues to be a successful cost free resolution to eliminate the plants instead of using chemicals. • Airport Administration office will be closed on Wednesday, October 18, 2023 for Alaska Day. Page 54 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubanks, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: October 9, 2023 SUBJECT: September 2023 Monthly Report This month the Kenai Animal Shelter took in 43 animals. Animal intake and disposition: DOGS: INTAKE 21 DISPOSITION 14 Waiver 11 Adopted 4 Stray 7 Euthanized 3 Impound 0 Claimed 5 Protective Custody 0 Field Release 1 Quarantine 2 Transferred 1 Other Intakes 1 Other Dispositions 0 CATS: INTAKE 22 DISPOSITION 21 Waiver 13 Adopted 16 Stray 9 Euthanized 2 Impound 0 Claimed 2 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 1 Other Intakes 0 Other Dispositions 0 Page 55 Page 2 of 2 2 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 28 Field Investigations & patrols 13.75 Volunteer Hours Logged 5 Citations 0 Educational Outreach 2 Microchip Total Animal Contacts: 7 Animals are known borough animals 18 Animals are known City of Kenai 4 Animals are known City of Soldotna 2 Animals are unknown location Statistical Data: 459 2021 YTD Intakes 336 2022 YTD Intakes 404 2023 YTD Intakes OTHER ANIMALS: INTAKE 0 DISPOSITION 4 Guinea Pig 0 Rabbit 1 Bird 0 Bird 2 Other 0 Guinea Pig 1 DOA: 4 OTHER STATISTICS: Dog 1 Licenses (City of Kenai Dog Licenses) 10 Cat 3 Rabies Clinic 0 Rabbit 0 Page 56 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Director DATE: October 10, 2023 SUBJECT: Finance Department, September 2023 Mid-month Report With the end of FY2023, the department is focused on closing the books for 2023 and completion of the City’s Annual Comprehensive Financial Report. This process includes closing of the FY23 financial records, fiscal year end grant reporting, completion of the annual Audit and finally financial statement preparation. The annual audit is scheduled for the week of November 6th. Each year as part of the computer replacement program, the City disposes of surplus computer equipment by making it available for purchase to the public through the library. So far this year the City disposed of 4 laptops, 22 desktops, 20 monitors and 2 printers. Preparation will soon begin for the FY25 annual budget. Historical and future projections are provided to departments in December to assist in their budget preparation and much work takes place in putting this information together. Page 57 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tony Prior, Fire Chief DATE: October 10, 2023 SUBJECT: Fire Department Mid-Month Report – September. September was our busiest month so far this year with calls for service increasing compared to September of 2022. Here are the calls for service break down. September 2022 2023 % change Month totals 137 157 14.6% EMS 102 110 7.8% All Other 35 47 34.3% Year total 1123 1159 3.2% Training: • Crews have been working on Driver/Operator training, focusing on water supply and Tower operations. Also training on Rapid Intervention Teams, and special rescue situations. • Firef ighter Ben Nabinger attended a High/Low Angle Rope Rescue with CMC Rope Rescue in Colorado. • Firefighter Mike Oden attended the Fall Chief’s and Firefighter Conference in Valdez, where department members from around the state gather to learn from instructors from around the country. Projects/Grants: • Captain Summers and B-shift began our painting project of the apparatus bays, now that the floors have been completed. • Shift personnel have completed extinguisher training with our new prop and Fire Marshal Hamilton has begun to train other city personnel in other departments. • Our Firefighter position has closed and we’ve begun testing candidates. • Preparation and scheduling for Fire Safety month in the schools is completed and we are now in the 32nd year of using our Fire Safety House. • We are hoping to have an RFP out this upcoming month for phase 2 of our CWPP projects. Page 58 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: October 12, 2023 SUBJECT: Human Resources Activity – September 2023 Recruitment Human Resources worked with Administration to recruit for the Airport Manager position. The recruitment was successful and Derek Ables will be joining the City as Airport Manager on November 13, 2023. Also filled were part time positions for Administrative Assistant Planning and Zoning, a Library Aide and a Senior Center Driver. Recruitment continues for a Police Officer and a Firefighter as well as a Public Safety Dispatcher. Safety/Training There were no accidents reported for the month of September. Human Resources is working with the City’s Safety Coordinator to participate in a Loss Control Incentive Program, which will involve semi-monthly safety meetings as well as required education for employees. Once completed, this program will result in a 3.7% credit toward the City’s Workers’ Compensation coverage. Special Projects Human Resources will be working with administration and McGrath Human Resources Group to complete a classification study. Additionally, Human Resources and Administration will be conducting a salary and benefits survey internally. Human Resources is also working with the City’s health and life insurance benefits consultant on renewal of employee benefits and preparing for open enrollment to take place in November. We want to offer our employees competitive benefits at a reasonable cost. We expect to receive the consultant's recommendations in October. Page 59 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: October 7, 2023 SUBJECT: Library Report for September 2023 SEPTEMBER 2023 AT A GLANCE Page 60 Page 2 of 2 • Our study and conference rooms were used by 160 individuals/groups for a total of 321 hours. • Last month of the quarter is Reference Tally Month: we answered over 1070 reference and technology questions. • Spooky season is just around the corner! Events to check out this month include: o Pumpkin Decorating Contest (week of October 2nd) o Make-A-Monster (October 10th) o Blood on the Clocktower Murder Mystery (October 21st) o Spooky Storytime (October 31st) o Literary Haunted House (October 24th– 31st) HIGHLIGHTS Kids • 8 Story Times – 135 participants • 3 Lego® Clubs – 32 participants • 1 Tech Lab – 5 participants • Lasers in Space – 14 participants Teens • Nintendo Switch club – 3 participants • 4 Chess Clubs – 6 participants Adults • Tech Time – 8 participants • Mini Book Takeaways – 50 participants • Author Visit – 23 participants • Crafternoon Key Rings – 11 participants All Ages • Silver Salmon Scratch Board – 16 participants • LotR Trivia Night – 11 participants SEPTEMBER 2023 PROGRAMMING SEPTEMBER 2023 SERVICE HIGHLIGHTS Page 61 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best Parks and Recreation Director DATE: October 10thth, 2023 SUBJECT: Mid-Month Report-September During September, Parks and Recreation started preparing for the winter season. This includes picking up everything in the parks, closing most bathrooms, winterizing equipment, and saying goodbye to our seasonal staff. Two big events occur for Kenai Parks and Rec every year during the fall. The first is the Kenai River Marathon, which the City hosts with the Kenai Chamber of Commerce. This year, there were over 200 registered runners. These high registration numbers have not been seen since before COVID, and there were runners registered from more than 15 states! The Second event is the Annual Fall Pumpkin Festival. The weather was sunny on the morning of the Festival, and we had a record attendance of over 1,500 participants. The Kenai Community Library holds a pumpkin decorating contest at the event, with almost 100 pumpkins being entered and displayed throughout the event. Towards the end of the event, there is a Pumpkin drop where the Kenai Fire Department comes by and sets up a fire engine ladder for a pumpkin to be dropped from. This year, Council Member Douthit dropped the pumpkin into a pool from almost 100 feet up. Kenai slash site will be open for an extra weekend until October 12 and then closed until late spring. To date, the slash site has collected 124.01 acres. Kenai Rec. Center Visits-September Weight Room/Cardio Room 869 Racquetball 43 Walleyball 14 Shower/Sauna 0 Gymnasium 1587 Other 0 Gym Rental Visits 820 Total Number of Visits 3333 Page 62 Page 2 of 2 Page 63 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: October 11, 2023 SUBJECT: Planning and Zoning – September 2023 Monthly Report General Information • Jhasmine Nicely has accepted the 2nd part-time Administrative Assistant II position and her start date is Monday, October 16th. • Planning staff and Commissioner Woodard attended the 2023 Western Planner/Alaska APA Conference in Anchorage. • The Kenai Peninsula Borough (KPB) is currently updating its flood maps in partnership with the Federal Emergency Management Agency (FEMA). Kenai River Flood Map Appeal Period begins October 11, 2023 and end January 9, 2024. To learn more about the flood map update or appeal process, please visit the website: https://www.kpb.us/river- center/agencies/kenai-river-flood-map-update. Application Summary Planning and Zoning received 12 applications in September, carried over 11 applications, and completed 14 applications. Staff conducted six (6) pre-application meetings with collaboration with the Fire Marshal, Building Official, and/or Public Works Director. Applications No. Received Carried Over Completed In Progress Planning Building Permit 5 1 5 1 Sign Permit 2 1 1 2 Conditional Use Permit 0 1 0 1 Amendment 1 0 1 0 Time Extension 0 0 0 0 Page 64 Page 2 of 5 Transfer 1 0 1 0 Encroachment Permit 0 0 0 0 Landscaping/Site Plan 0 2 1 1 Home Occupation Permit 0 0 0 0 Plat 0 0 0 0 Easement/Right-of-Way 0 1 1 0 Variations/Exceptions 0 1 1 0 Variance 0 0 0 0 Zoning Map/Text Amendment 1 0 0 1 City-Initiated 1 0 1 0 Lands & Leases Purchase 0 0 0 0 New Lease 0 0 0 0 Renewal/Extension 1 0 1 0 Amendment 0 1 0 1 Assignment 0 1 1 0 Development Incentive 0 0 0 0 Special Use Permit 0 1 0 1 Total 12 11 14 7 Code Enforcement and Compliance In September, Planning and Zoning received five (5) new complaints and closed two (2) cases. There is a cumulative total of 23 open cases. Violations No. of Open Cases Carried Over New Closed By Types Abandoned Vehicle(s) 2 2 2 2 Building (e.g., as-built, damaged or decayed) 3 3 0 0 Conditional Use Permit 2 1 1 0 Junk and/or Refuse 5 4 1 0 Junk Vehicle(s) 4 4 0 0 Livestock 1 1 1 1 Signs 1 1 0 0 Recreational Vehicle(s) 0 0 0 0 Zoning (e.g., structures, setbacks, use) 5 4 1 0 Total 23 20 5 2 Page 65 Page 3 of 5 List of Open Cases Property Address Date of Complaint Type of Violation 110 Aleene Way 5/4/2022 Junk Vehicles; Junk and/or Refuse 5264 Kenai Spur Hwy 5/12/2022 Junk and/or Refuse 508 Hemlock Avenue 5/13/2022 Junk and/or Refuse 9168 Kenai Spur Hwy 5/16/2022 Junk Vehicles; Junk and/or Refuse 311 Linwood Lane 6/17/2022 Junk and/or Refuse 1009 Second Avenue 8/12/2022 Zoning (Use) 305 Sterling Court 10/20/2022 Building (On-Hold) 700 Cypress Drive 10/24/2022 Junk Vehicles 345 Dolchok Lane 10/28/2022 Building; Zoning 312 Aspen Street 10/26/2022 Abandoned Vehicles 11888 Kenai Spur Hwy 11/17/2022 Zoning (Use) 12656 Kenai Spur Hwy 12/1/2022 Sign 4315 Lupine Drive 2/8/2023 Junk and/or Refuse 204 Lawton Drive 6/7/2023 Zoning (Home Occupation) 415 Roger Road 6/7/2023 Zoning (Home Occupation) 8525 Kenai Spur Hwy 7/5/2023 Junk Vehicle 418 Birch Street 8/1/2023 Building Marathon Road 8/2/2023 Abandoned Vehicle 418 Birch Street 8/23/2023 Livestock (Chickens) 8847 Kenai Spur Hwy 8/31/2023 Conditional Use Permit 1521 Stellar Drive 9/1/2023 Abandoned Vehicle 415 Birch Street 9/11/2023 Livestock (Chickens) Wildwood Drive 9/12/2023 Abandoned Vehicles 108 N Spruce Street 9/19/2023 Zoning (Use) 701 Maple Street 9/20/2023 Refuse Page 66 Page 4 of 5 Before and After Highlights Abandoned Motorhome and Significant Debris and Junk Off Marathon Road Planning and Zoning Commission Two (2) public meetings were held in the month of September. • Planning and Zoning Commission took actions as follows: o Resolution PZ2023-17 – Recommended Approval for Preliminary Plat – City Park Subdivision 2023 Replat for a Parcel Merger of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision and the Right-of -Way Vacations of Char Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79-156) in the Suburban Residential (RS) and Urban Residential (RU) Zoning Districts. Page 67 Page 5 of 5 o Resolution PZ2023-18 – Granted a Modification to a Condition Listed in Resolution PZ2023-05 for a Conditional Use Permit to Expand the Assisted Living Facility on the Property Located at 701 N. Forest Drive (Parcel ID: 04321030) in the Suburban Residential (RS) Zoning District. o Action – Approved the Transfer of Conditional Use Permits (Resolutions PZ12-22, PZ15- 24, and PZ2023-05) for an Assisted Living Facility on a Property Described as Tract 36A, Killen Estates 2014 Replat, Located at 701 N. Forest Drive in the Suburban Residential (RS) Zoning District. o Action – Recommended Kenai City Council Enact Ordinance No. 3373-2023 – Amendment of KMC Section 14.20.330-Standards for Commercial Marijuana Establishments. Page 68 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: October 6, 2023 SUBJECT: Police & Communications Department Activity – September 2023 Police handled 541 calls for service in Sepetember. Officers made 49 arrests. Traffic enforcement resulted in 370 traffic contacts with 61 traffic citations issued and there were 9 DUI arrests. There were 15 reported motor vehicle collisions in September. Three of those collisions involved a moose and there was one collision involving drugs or alcohol. The last of the Temporary Enforcement Officers completed their 2023 season during the month of September. One officer left employment with the Department in September and there is an active recruitment to fill that vacancy. One dispatcher, that was still in training, resigned from the Department and there is an active recruitment to fill that vacancy. The City Shop continues to prepare four new patrol vehicles purchased in 2023 to be put into service. The Department is also in the process of installing new radios and new in-car video systems into the rest the police fleet of vehicles. These radios and video camera systems were all purchased under Department of Homeland Security grants, and the equipment has all been received by the police department. The School Resource Officer (SRO) is working in the schools and handling a number of police related calls. The SRO also started teaching DARE classes at Mountain View Elementary. 5521 2549 5365 2415 5069 2423 0 2000 4000 6000 Total Police Service Calls 911 Calls Received 2021(Jan 1 - Sep 30)2022(Jan 1 - Sep 30)2023(Jan 1 - Sep 30) Page 69 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: October 2023 SUBJECT: Mid-Month Report; Public Works / Capital Projects Airport Fund Projects: • Kenai Municipal Airport Sand Storage Facility – This project will provide warm storage for operational sand throughout the Airport. Orion Construction is currently under contract in the amount of $2,289,000 with a pending Change Order 2 in the amount of $43,308.03. All utilities have now been brought to the building. All exterior site work is expected to be completed by the end of September. Weather has delayed the progress on the exterior panels which in turn has delayed the start of mechanicals on the interior. The project will not make the targeted substantial completion date of September 30th but is tracking closer to an end of October completion date. Page 70 Page 2 of 10 Public Works Mid-Month Report • Kenai Municipal Airport Runway Rehabilitation Project – This project known as Task 4 within HDL Engineering Consultants LLC term service agreement with the City shall provided an initial assessment of the current condition of the airport runway. This included geotech work, coring numerous locations of the runway. On August 4th, , 2021 HDL Engineering and staff successully completed geotech borings of the runway after hours. On October 13th , 2021 HDL Engineering, City staff and the FAA discussed the findings of the geotech report. On December 6, 2021 the City received the draft Engineer’s Design Report (EDR) along with the draft Geotechnical Report. Ordinance 3278-2022 was approved on April 20th , 2022 to secure HDLs services through Bid Phase with a contract amendment of $781,833 executed on May 6, 2022, bringing the total cost of design to $1,031,833. Project has been stalled at 35% Design as Environmental Compliance requirements are being clarified. Project is currently tracking for Runway Rehab Construction in 2025 with the Taxiways 2026 the following year, however this may slide a year, dependent upon FAA funding. Update: Staff meeting was held in Anchorage with FAA Counterparts to discuss project on 3/8/23. March 27, 2023 staff meeting with DEC to discuss path forward for design services. Project is now moving forward again with Environmental Services toward a 65% design effort. Council approved a purchase order increase to HDL Engineering at the June 7th, 2023 to allow the environmental work to move forward. Airport Manager and Public Works Director met with HDL on 8/9/23 and reviewed the environmental documents status. On October 6, 2023 received email confirmaton that DEC has approved the environmental work plan for the project. • Kenai Municipal Airport (KMA) Terminal Landscaping – A Request for Proposals for Landscape Design Services was released on July 14, 2022 with proposals due on July 28, 2022 where Earthscape LLC was determined to have provided the highest scoring proposal at a cost of $28,255. The Purchase Order to Earthscape LLC was approved by Council at the 9/7/22 council meeting. Design work continues with final design concepts working through the airport commission and airport administration. Contract is billed out to 65% as of July 5, 2023. On July 12, 2023 Earthscape delivered draft 95% design documents, on July 24, 2023 a preliminary cost estimate was provided. Documents are under staff review at this time. 8/4/23 provided comments back to Earthscape regarding a few plant types, working with interim Airport Manager on a few elements including wind screens at entries and possibility of some bronze statues. Page 71 Page 3 of 10 Public Works Mid-Month Report • Kenai Municipal Airport (KMA) Operations Building HVAC Controls Upgrade & Boiler Replacement – This project was released for RFP on July 19, 2022 with proposals due on August 16, 2022. MBA Consulting Engineers was the successful proposer awarded under Resolution 2022-63 approved by Council at the September 7, 2022 Council Meeting. Contract Documents were fully executed with MBA on October 31, 2022 for the contracted amount of $47,726. November 10, 2022 will be the first site meeting with staff and engineering team. Design work is anticipated to continue through the winter months. 95% design documents were received on January 30, 2023. Project cost estimate is over budgeted amounts and staff is coordinating with design team to refine documents. Introducing Ordinance at the 8/16/23 council meeting to appropriate additional funding in support of the project. Staff has begun conversations with the FAA working toward establishment of grant assistance. • Kenai Municipal Airport (KMA) Apron Crack Seal and Seal Coat – Staff received a design proposal from HDL Engineering to evaluate and develop bid ready construction documents in support of this project. Staff is coordinating with the FAA on grant approval. Council will see legislation soon in support of this project. Page 72 Page 4 of 10 Public Works Mid-Month Report General Fund Projects: • USACE Kenai Bluff Bank Stabilization Project – This project encompasses approximately 5000 lineal feet of coastal bluff starting at the mouth of the Kenai river extending upriver along the northern river bank. The bluff in this area varies from 55’-70’ above the toe. A protective armored rock berm with a crest elevation of approximately 12’ in height is planned. The project is approaching execution of a Project Partnership Agreement (PPA) tentatively scheduled for September 25, 2023. Tentative release of an Invitation to Bid (ITB) for Construction is currently tracking for November 20, 2023. Construction is anticipated to continue through the 2024 & 2025 construction seasons. Milestones to date listed below. o Director’s Report April 10, 2019 USACE approved Project Feasibility o Section 221 Agreement MOU July 7, 2020 allows City to conduct design prior to DA o Design Agreement (DA) September 14, 2020 executed but not federally funded o Section 221 Agreement MOU February 11, 2021 allows City to construct prior to PPA o Design Contract executed with HDR Engineering July 6, 2021 o City’s 35% Design submission submitted to USACE on January 25, 2022 o City’s 65% Design submission submitted to USACE on April 28, 2022 o Preliminary Engineering Design (PED) funding arrives on May 17, 2022 o Value Engineering (VE) Workshop held with USACE / Design team June 21-24, 2022 o PED / Construction Federal Funding arrives July 28, 2022 o Advanced Technical Review (ATR) begins October 3, 2022 Page 73 Page 5 of 10 Public Works Mid-Month Report o City of Kenai receives FEMA notification of enrollment in National Flood Insurance Program December 19, 2022, a condition of receiving Federal funding. o Water Resources Development Act (WRDA 2022) late December 2022, this Bill has cost repercussions for the project which ultimately change the cost share between the City and USACE from 65% / 35% to 90% USACE / 10% City. o Project Cost Certification received January 27, 2023, confirming sufficient funding o USACE Headquarters Agreement draft PPA June 6, 2023 received by City o City provides USACE Financial Self-Certification in support of PPA June 15, 2023 o City’s 95% Design Submission after completion of all USACE back checks June 30, 2023 o Project Partnership Agreement (PPA) was successfully signed on September 25, 2023! o Staff is coordinating with USACE for an approximate November 20, 2023 construction bid release. • Community Wildfire Prevention Plan (CWPP) Mitigation – This project will address beetle kill spruce trees on City property. The City has received grant funds in support of this project from the USDA and Alaska Division of Forestry. On November 3rd an Invitation to Bid was released in coordination with the Fire Department and Forest Service to perform mitigation services on approximately 105 acres of land through the No Name Creek Drainage from Redoubt Avenue extending to Cook Inlet. Five Bids were received on 12/13/22 with Doug Koch Professional Tree Service providing the winning bid at a cost of $282,000. Work is anticipated to take place during allowable time frames over the next year. A Resolution to Award this Contract is before Council at the 12/21/22 Council Meeting. Construction Contract was fully executed on February 28th, 2023 and contractor is actively working on project. Much of the North section is now cut with timber and slash still remaining to haul away, Section 4-5 which is largely a hand felling area has started mitigation, as well as the South section near Municipal Park which has had extensive work completed to date. Contractor has been performing well, work will slow down through the summer months per the grant requirements when beetles are known to spread and work will resume later this fall. Update: May 18, 2023 representatives from the USDA Forest Service as granting agency were in town and provided a tour of the work actively taking place. Review of project documents, invoices, drone footage, etc. was completed and received very well. Tree cutting work has now resumed as of September 5, 2023. To date the contactor has invoiced for $142,972.41, approximately 50% of the contracted work. Project has proceeded quickly and remains on time and on budget. While tree cutting was stopped for the summer months, contractor has hauled and stock piled slash that was cut earlier in the season. Contractor has submitted a September invoice in the amount of $15,033.34. Map sections 4-5 are now complete. • Recreation Center Improvements – This project will replace the facilities roof system as well as numerous mechanical root top HVAC units. Formal Invitation to Bid was released on February 23, 2023 with bids due on March 23, 2023. Orion Construction was the successful bidder with a total bid of $1,425,700 as presented to Council through Resolution 2023-25 adopted at the April 5th, 2023 Council meeting. Construction will continue into the fall of 2023. Update: Mechanical HVAC Roof top units remain on order, expected in late December. Project is proceeding well and on schedule. Change Order 1 was executed on August 16, Page 74 Page 6 of 10 Public Works Mid-Month Report 2023 in the total amount of $18,548.96, which included four items including replacement of the facilities electrical meter base at HEA’s request. Total contract to date $1,444,248.96 with $170,026.75 remaining to be completed. • Roadway Improvements – Nelson Engineering was the successful proposer to provide bid ready construction documents for improvements to Wildwood Dr, Willow Ave, First St. as well as multiple smaller misc. repairs. Wildwood Dr will require grant assistance to complete the project. The N. Willow St Roadway Improvements, First Avenue Roadway Repairs, and Misc. Repairs projects were all released for construction bids on May 18th 2023 with Bids due on June 1st, 2023. All three projects received bids in excess of budgeted amounts an there is legislation pending at the June 21st, 2023 Council meeting to provide supplemental funding to award these projects. They are still intended, with Council’s approval, to be completed this construction season. Contracts have now all been executed with Foster Construction receiving a Notice to Proceed on July 19th for the First Ave Repairs and Misc Repairs projects, Knik Construction received their Notice to Proceed for N. Willow St. on July 26th. Knik Construction is expected to mobilize to N. Willow on August 14th, Fosters Construction to mobilize to First Ave approximately August 23rd, 2023. Update: The 2023 Misc Road Repairs and First Avenue Roadway Repairs project are now complete and received Substantial Completion on October 6th. Both projects were completed ahead of schedule and slightly under budget with the Misc Repairs Contract of $260,080 receiving a Final Adjusting Change Order 1 reducing the cost to $255,720.23 and the First Avenue Contract of $205,831 receiving a Final Adjusting Change Order 1 reducing the cost to $181,741. The N. Willow St project is also now complete with the exception of hydroseeding which will be placed in the spring. This project was also completed on time and while final quantities have not been received, costs are expected to be under budget as well. Photo of N. Willow St. below. Page 75 Page 7 of 10 Public Works Mid-Month Report • Multi-purpose Facility – The Building Maintenance Department completed all of the pressure washing and rust prevention coatings in house. That portion of the project was completed on time and on budget and allowed for ice to go back in on schedule. Staff continues to work on ventilation solutions as well as some UV Heat lamps to replace the natural gas heaters suspended from the ceiling near the seating areas. Once a scope of work is finalized by the department these additional items will be released for bids. Currently roughly $71,000 of the $155,000 in funding has been expended. A Proposal Quote Request (PQR) was released on June 30tth with quotes due on July 13th. MBA Consulting Engineers was the only respondent at a cost of $30,580. Design work will cover ventilation, lighting, bleacher radiant heating and will take place through November. Contract documents were fully executed on September 8, 2023. • Cemetery Expansion – This project is located at the corner of First Ave and Float Plane Rd and will provide for additional burial space as the existing adjacent cemetery has reached capacity. The Public Works Department using in house personnel has already cleared, leveled and graded the site, and placed and compacted a gravel sub-base for the parking area. Staff has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These sites are available through the Clerk’s office. Cemetery Phase 2 Fencing was released for bids on July 26th with bids due on August 9th. Council will see legislation for a contract award at the August 16th, 2023 meeting. AAA Fence, Inc was the successful bidder at a cost of $147,595, their contract was fully executed on September 8, 2023, work is expected to be completed yet this year. Fence materials were successfully ordered Contractor is tentatively scheduled to begin installation the week of October 16th. Staff will coordinate with Parks and Rec and the design team to finalize project needs for next year. Parking lot paving will not be completed until next construction season along with HEA power being brought into the property. • Softball Shelter Dugouts – Larsen Engineering has been awarded the design work for the dugouts. Design requirements are being discussed with the engineer, however this project is moving slowly as staff and engineer are heavily involved in other projects. Project will move forward shortly as staff time becomes available. • Lilac Ln. Roadway Improvements – RFP was released on 8/8/23 for Professional Civil Engineering and CA Services to develop bid ready construction documents for this project. Proposals are due on 8/28/23. Council will see legislation to award a professional services agreement at either the 9/6/23 or 9/20/23 council meeting. Design work will take place over the winter for a summer 2024 construction date. This project is located between the Spur Highway and Cook Inlet Dr. Resolution 2023-54 was approved by Council at the September 6, 2023 Council meeting. Nelson Engineering is now actively working on the project design. Test holes have been completed and a site survey is underway. Total contract for design is currently $38,840. Page 76 Page 8 of 10 Public Works Mid-Month Report • Cemetery Creek Culvert Replacement - RFP was released on 8/8/23 for Professional Civil Engineering and CA Services to develop 35% design documents for this project. Proposals are due on 8/28/23. This project is in coordination with the US Fish & Wildlife. Work involves replacement of several aging culverts with fish passage type culverts. 35% design documents will be used to apply for grant funding. Two proposals were received by the Department with PND Engineer’s receiving the highest scoring proposal at a total cost of $29,577. PND is now under contract. 9/28/23 a site meet was conducted with PND, City staff, & US Fish & Wildlife to discuss and review the project. 10/11/23-10/12/23 surveyors are on site developing an existing conditions field survey. Water & Sewer Fund Projects: • Lift Station Renovations – Resolution 2021-58 awarded HDL Engineering agreement in the amount of $59,560 to provide bid ready construction documents for three lift stations. These locations included the stations at mile posts 13 and 14, which are near the soccer fields and Spur / Redoubt Ave respectively, as well as a station on Lawton Drive. These locations are intended to receive new pumps and pump control panels as part of this project. After determination of which lift stations would receive renovations to start, a design meeting was held on 12/3/21 to discuss pump and control panel design. Basis of design memo received on January 6, 2022. Design documents are approaching 95%. Design is finally approaching completion. Challenges with our current SCADA team required some changes to different lift station controllers which has now been resolved. • Wastewater Plant Digester Blowers Replacements – HDL Engineering was authorized to proceed on design documents for this project through passage of Resolution 2022-29 on May 18, 2022. Design Agreement is currently in the amount of $382,513 and will provide bid ready construction documents for the replacement of two 40+ year old blowers at the WWTP. The Department received 35% Design Study Report on September 23, 2022 and the project is currently moving toward 65% design documents. A grant for this project has been applied for through Senator Murkowski’s office through the Congressional Directed Spending (CDS) program. We are awaiting word on if we were successful in receiving grant funds. This is a high priority project for the department and is anticipated to provide further energy savings similar to the aeration basin blower replacement project completed a few years ago. Final 65% plan reviews are being conducted on site with HDL on 12/19/22, bid documents are expected to be ready 5/1/23 and if funding is in place will be bid immediately, if not will be delayed until funding arrives. Environmental review process is delayed as we are not sure of the grant requirements at this time, and may not know until a future grant is executed. Until then this will be a shovel ready project waiting on funding. May 5th a Community Grants Webinar was held to discuss the pending grant requirements, the Public Works Director and HDL Engineering participated in the webinar. Consultants are reviewing requirements and hope to have the design moving forward shortly. Project will not be able to be bid until funding formally arrives. Design team is actively working with granting agency. Page 77 Page 9 of 10 Public Works Mid-Month Report • Water Treatment Plant Pumphouse – This project will construct a new pumphouse building and provide replacement distribution pumps for the City’s Water System. On August 1, 2023 received letter that the State of Alaska Department of Environmental Conservation (ADEC) has awarded the City of Kenai a $1,200,000 loan through the state’s revolving fund program and that the loan would receive 100% forgiveness in support of this project. Resolution 2023- 56 is up for Council approval at the September 20, 2023 Council Meeting to allow access to these funds. • WWTP & WTP Electronic Access Gate & Controls – On August 13, 2023 HDL Engineering provided a proposal under their term agreement to begin design work on the Electronic Access Gates projects at both the Water and Wastewater Plants. The project identified as Task 13 under their agreement has a proposed design cost of $24,902. Design work will continue over the winter months for construction to take place next summer. Senior Citizens Fund Projects: • Senior Center Front Entry Modifications – Capital Project Manager is developing scope of work for this project to address operation of automatic entry doors. Congregate Housing Fund Projects: • Vintage Pointe Boiler Replacement – A RFP for design services was released on October 6, 2022 with proposals due on November 3, 2022. Design work will continue into the winter with a construction bid release expected at the end of the first quarter 2023. This project will replace outdated boiler heat systems for the facility as well as providing a direction on backup power generation to support the heating system when grid power is unavailable. No proposals were received, the Department is requesting approval to enter negotiations with RSA Engineering in the hopes of moving the project forward. RSA Engineering is under contract and is expected to start design in early January 2023. On February 3, 2023 RSA Engineering provided draft 65% Design Documents. Staff is currently reviewing. Engineering has a planned site visit for February 15, 2023 scheduled. We are anticipating bid documents being ready for an April Construction Bid release. 100% Design Documents are were received from the RSA Engineering on April 14th. Council approved Resolution 2023-30 on May 3rd to reallocate funds for the project. Invitation to Bid was released on August 2, 2023 with bids due on August 23, 2023. Council approved Resolution 2023-53 at the September 6, 2023 meeting which awarded construction agreement to Orion Construction in the total amount of $503,850. Contract has now been executed and submittals are actively in progress in support of the project. Boiler work is not expected to take place until spring when work will be less impactful on residents. Page 78 Page 10 of 10 Public Works Mid-Month Report Other Projects Information: • DOT Kenai Spur Highway to Sports Lake Rd – This project continues to wait for appropriation of state funds. Reached out to DOT staff on September 13, 2023, no new information provided at this time. • DOT Bridge Access Road Bike Path – Council passed Resolution 2021-53 on August 4, 2021 authorizing the City Manager execute a memorandum of agreement with DOT for design, construction, and maintenance of the Kenai Bridge Access Road Pathway project. In speaking with representatives from DOT the state has not provided funding as yet for this project to move forward. To date the City has appropriated $294,947 in support of this project which is intended to provide a 1.2 mile path connecting the paths between the Spur Highway and Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Per communications with the DOT, design funding is in place and they are waiting on final signatures for the Reimbursable Services Agreement (RSA) with DNR. Once the RSA is approved they will be able to begin design work. Process is expected to be completed by the end of January. Update: Formal kickoff meeting took place on March 30th with the City Manager and Public Works Director in attendance. From appearances this design process will be a slow one, we are not anticipating seeing construction on the path this calendar year. Will continue to update as more information becomes available. Update: A site meeting will be taking place between the City, DNR, & DOT on 6/9/22 to review the project. HDL Engineering appears to conducting surveying services in support of the project, crews were in the area on 6/7/22. On June 29, 2022 the City Manager & Public Works Director met with DOT representatives and discussed projects. State funding continues to be an issue. Reached out to DOT staff on September 13, 2023, no new information provided at this time. • DOT Boat Launch Road Fish Passage Culvert – Council approved a construction easement to allow DOT access to replace the roadway culvert at the intersection of Boat Launch Rd and Bridge Access at the April 5th Council meeting. Work is anticipated to start later this year in coordination with the River Center to minimize impacts to fish entering the watershed. Page 79 1 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Kathy Romain, Senior Center Director FROM: Astrea Piersee, Administrative Assistant III DATE: October 6, 2023 SUBJECT: September 2023 Monthly Report September arrived in full fall fashion bringing plenty of last-minute activities and outings for seniors to get out and engage in within the community. A day trip to Hope and the added weekly Soldotna transportation route were a few of the growing uses of the transportation program. Additionally, seniors were provided transportation opportunities to utilize farmers' market coupons and redeem them at area growers for fresh produce. We hope to continue this program in collaboration with the State of Alaska’s Farmers Market Coupon Program this next June. 2023 2022 Home Delivered Meals 1505 1835 Individuals 99 95 Dining Room (Congregate) Meals 1392 778 Individuals 161 126 Transportation (1-way rides) 314 191 Individuals 35 19 Grocery Shopping Assistance 29/52 10/57 Writers Group 31 9 Caregiver Support Group 23 7 Growing Stronger Exercise 65 32 Tai Chi Class 9 9 TOPS Weight Loss Class 16 14 Bluegrass & Music Sessions 66 56 Card Games 45 41 Wii Bowling 9 8 Arts & Crafts 17 38 Total Event Sign-ins * 2279 1888 Individuals * 228 194 Vintage Pointe Manor Vacancies 1 2 *(not including home meals clients) Page 80 Kenai City Council - Regular Meeting Page 1 of 2 October 19, 2023 Kenai City Council - Regular Meeting October 19, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 2** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. RESULTS OF 10/3/2023 ELECTION CERTIFIED. Certification of the October 3, 2023 Election Results a. Swearing in of Election Officials. (Term of office for those elected during the October 3, 2023 Regular Election begins on Monday, October 23, 2023.) 4. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items 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 ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED WITHOUT OBJECTION. Ordinance No. 3374-2023 - Increasing Estimated Revenues and Appropriations in the Airport Fund for the Purchase of Aviation Fuel Due to Fuel Sales at the Kenai Municipal Airport Float Plane Basin Being in Excess of Budgeted Amounts. (Administration) F. MINUTES 1. *Regular Meeting of October 4, 2023. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License for Cook Inlet Cannabis Co., DBA East Rip - License No. 13382. (City Clerk) Kenai City Council - Regular Meeting Page 2 of 2 October 19, 2023 3. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License KRC LLC, DBA Kenai River Cannabis - License No. 17808. (City Clerk) 4. *Ordinance No. 3375-2023 - Accepting and Appropriating Donations from the Kenaitze Indian Tribe to Both the Animal Shelter and the Senior Center. (Administration) 5. *Ordinance No. 3376-2023 - Increasing Estimated Revenues and Appropriations in the General Fund, Parks and Recreation Department for the Purchase of Playground Equipment Utilizing a Grant from Marathon Petroleum. (Administration) 6. Action/Approval - Airport Terminal Landscaping Project Revision - Bronze Bear Project. (Administration) I. 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 J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 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/84392104903 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 843 9210 4903 Passcode: 573806 Meeting ID: 843 9210 4903 Passcode: 573806