The URL can be used to link to this page

Home My WebLink About2023-03-01 Council PacketKenai City Council - Regular Meeting Page 1 of 3 March 01, 2023 Kenai City Council - Regular Meeting March 01, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** www.kenai.city Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) 1. Rasmussen Foundation/State of Alaska Broadband Access and Digital Equity Across Alaska, Associate Emily Pape, MMP of Kallander & Associates. C. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3336-2023 - Accepting and Appropriating an American Rescue Plan Act Grant Passed through the State of Alaska Department of Health and Social Services for Kenai Senior Center Expenditures in Support of its Response to the COVID-19 Public Health Emergency. (Administration) 2. Ordinance No. 3337-2023 - Accepting and Appropriating an Increase from the Kenai Peninsula Borough for the Senior Citizen Program Grant. (Administration) 3. Resolution No. 2023-16 - Amending the Employee Classification Plan by Removing the Data Entry Clerk, Consolidating the Meals Driver and Driver Classes, and Adjusting the Ranges of Driver, Kitchen Assistant, and Cook Positions at the Kenai Senior Center. (Administration) 4. Resolution No. 2023-17 - Authorizing the Use of the Fleet Replacement Fund for the Purchase of Equipment to Upfit Four New Police Vehicles and Authorizing the Sole Source Purchase of a Portion of the Items from Alaska Safety Inc. Utilizing the Contract of Another Government Agency in which the City is Authorized to Participate. (Administration) 5. Resolution No. 2023-18 - Renumbering Kenai City Council Supervisory Sub-Committee Policy No. 2017-02 to Policy No. 20.230. (City Clerk) Page 1D ~ Ki;NAI Kenai City Council - Regular Meeting Page 2 of 3 March 01, 2023 6. Resolution No. 2023-19 - Authorizing the Purchase of Real Property Described as Lots 8 and 9, Block 19, of the Original Townsite of Kenai, According to US Survey 2970B, Record of the Kenai Recording District, Third Judicial District, State of Alaska, and Designated as Kenai Peninsula Borough Parcel Number 04710308 from Billy McCann Et Al. and Glenda Sterling, for the Public Purpose of Including the Property in the Bluff Erosion Restoration Project and Determining that the Public Interest Will Not Be Served by an Appraisal. (Administration) 7. Resolution No. 2023-20 - Authorizing a Budget Transfer in the Visitor Center Improvement Capital Project Fund and Authorizing a Contract Award and Corresponding Purchase Order for the Visitor Center Roof Replacement Project. (Administration) 8. Resolution No. 2023-21 - Authorizing a Contract Award and Corresponding Purchase Order for the Green Strip Playground Equipment Project. (Administration) E. MINUTES 1. *Regular Meeting of February 15, 2023. (City Clerk) F. UNFINISHED BUSINESS 1. Ordinance No. 3332-2023 - Amending Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow a Maximum of Twelve (12) Chicken Hens to be Kept on Certain Lots Less than 40,000 Square Feet within the City of Kenai. (Douthit and Winger) [01/04/23 Introduced by Council; Referred for recommendation to the 01/25/23 Planning and Zoning Commission Meeting; First Public Hearing by Council Scheduled for 02/01/23; 02/01/23 Ref erred to the Planning & Zoning Commission for a Work Session; Second City Council Public Hearing Scheduled for March 1, 2023.] G. 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 Marijuana Product Manufacturing Facility License for Herban Extracts LLC., DBA: Herban Extracts LLC. - License No. 14432. (City Clerk) 4. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License for KRC LLC., DBA: Kenai River Cannabis. - License No. 17808. (City Clerk) 5. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License and a Standard Marijuana Cultivation License for Majestic Gardens LLC., DBA: Majestic Gardens LLC. - License No.’s 15393 and 15395. (City Clerk) 6. *Action/Approval - Non-Objection to the Renewal of a Beverage Dispensary Liquor License for D & E Investments Inc., DBA: The Bow - License No. 1312. (City Clerk) 7. *Action/Approval - Non-Objection to the Transfer of Ownership of a Beverage Dispensary Liquor License and Restaurant Designation Permit for Solitaire LLC., DBA: Pizza Paradisos - License No. 3032. (City Clerk) 8. *Ordinance No. 3338-2023 – Amending Kenai Municipal Code Chapter 1.15 - Rules of Order, to Allow Approval of the Agenda and Consent Agenda in One Motion, Remove Sections that May Conflict with the State of Alaska Open Meetings Act, and Remove any Rules that are Standard Rules as Established in Roberts Rules of Order. (City Clerk) Page 2D Kenai City Council - Regular Meeting Page 3 of 3 March 01, 2023 H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS 1. Resolution No. 2023-15 - Amending the City Council Selecting and Appointing a Qualified Person or Persons to Fill Vacancies on the City Council Policy No. 2021-01 and Renumbering and Renaming to City Council Policy No. 20.220 - Filling Council Vacancies by Appointment. (City Clerk) [Postponed to the March 15, 2023 Regular City Council Meeting] N. ADJOURNMENT O. 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/83177161203 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 831 7716 1203 Passcode: 166921 Meeting ID: 831 7716 1203 Passcode: 166921 Page 3D Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3336-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING AN AMERICAN RESCUE PLAN ACT GRANT PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES FOR KENAI SENIOR CENTER EXPENDITURES IN SUPPORT OF ITS RESPONSE TO THE COVID- 19 PUBLIC HEALTH EMERGENCY. WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law to provide additional support services to older adults and people with disabilities in the community affected by the COVID-19 Public Health Emergency; and, WHEREAS, the State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services received ARPA funds to provide additional support for costs incurred due to the increased demand for services due to the impacts of the COVID-19 Public Health Emergency on elders and care provider services; and, WHEREAS, as the Kenai Senior Center is a current grantee under the State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services, it has been awarded a $35,795.44 increase to the FY23 Nutrition, Transportation, and Services (NTS) grant for services offered beginning July 1, 2022 – June 30, 2023; and, WHEREAS, acceptance of these funds is in the best interest of the City. 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 an increase in the amount of $35,795.44 to the FY23 NTS grant from the State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services for Kenai Senior Center expenditures in support of its response to the COVID-19 Public Health Emergency. Section 2. That the estimated revenues and appropriations be increased as follows: Senior Citizen Fund: Increase Estimated Revenues – Federal Grants $35,795.44 Increase Appropriations Congregate Meals - Operating & Repair Supplies $17,897.72 Home Meals – Operating & Repair Supplies 17,897.72 Total $35,795.44 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares Page 4~ D K~NAI Ordinance No. 3336-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: 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 MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: February 15, 2023 Enacted: March 1, 2023 Effective: March 1, 2023 Page 5D MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kathy Romain, Senior Center Director DATE: February 2, 2023 SUBJECT: Ordinance 3336-2023 The State of Alaska, Department of Health and Social Services, Division of Senior and Disabilities Services received American Rescue Plan Act (ARPA) funds to provide additional support for costs incurred due to the increased demand for services as a result of the COVID-19 Public Health Emergency. The Kenai Senior Center receives a yearly grant from the State of Alaska, under the Title III Nutrition, Transportation, and Services (NTS) Program. We have been given an additional amount of $35,795.44 for FY23. These funds will be utilized to provide additional operating supplies for home and congregate meals. That the estimated revenues and appropriations be increased as follows: Senior Citizen Fund: Increase Estimated Revenues – Federal Grants $35,795.44 Increase Appropriations Congregate Meals - Operating & Repair Supplies $17,897.72 Home Meals - Operating & Repair Supplies 17,897.72 Total $35,795.44 Your support for Ordinance 3336-2023 is greatly appreciated. Page 6D City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3337-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING AN INCREASE FROM THE KENAI PENINSULA BOROUGH FOR THE SENIOR CITIZEN PROGRAM GRANT. WHEREAS, the Kenai Peninsula Borough Assembly established the Senior Citizens Program Grants on June 3, 1986, to award grants to senior citizen centers operating and located within the Kenai Peninsula Borough; and, WHEREAS, the Kenai Senior Center receives a yearly grant from the Kenai Peninsula Borough; and, WHEREAS, the Kenai Peninsula Borough increased the Senior Center Program Grants for FY23 by $16,992; and, WHEREAS, acceptance of these funds is in the best interest of the City. 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 an increase in the amount of $16,922 from the Kenai Peninsula Borough for Kenai Senior Center expenditures. Section 2. That the estimated revenues and appropriations be increased as follows: Senior Citizen Fund: Increase Estimated Revenues – Kenai Peninsula Borough Grant $16,922 Increase Appropriations – Congregate Meals - Operating & Repair Supplies $8,461 Home Meals - Operating & Repair Supplies 8,461 Total $16,922 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor Page 7~ D K~NAI Ordinance No. 3337-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: February 15, 2023 Enacted: March 1, 2023 Effective: March 1, 2023 Page 8D MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kathy Romain, Senior Center Director DATE: February 2, 2023 SUBJECT: Ordinance 3337-2023 The Kenai Senior Center receives yearly funding from the Kenai Peninsula Borough for the Senior Center Program Grant. The Kenai Peninsula Borough Assembly increased the grant amount for the area senior centers by 10% in FY23. The increase to our budget is $16,922 and will be very beneficial towards the Senior Center’s expenditures. Increase Estimated Revenues – Kenai Peninsula Borough Grant $16,922 Increase Appropriations – Congregate Meals - Operating & Repair Supplies $8,461 Home Meals - Operating & Repair Supplies 8,461 Total $16,922 Thank you for your consideration of this ordinance. Page 9D City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-16 A RESOLUTION AMENDING THE EMPLOYEE CLASSIFICATION PLAN BY REMOVING THE DATA ENTRY CLERK, CONSOLIDATING THE MEALS DRIVER AND DRIVER CLASSES, AND ADJUSTING THE RANGES OF DRIVER, KITCHEN ASSISTANT, AND COOK POSITIONS AT THE KENAI SENIOR CENTER. WHEREAS, Ordinance 3269-2022 adopted the annual budget, salary schedule, and employee classification plan for the City’s Fiscal Year 2023; and, WHEREAS, the FY2023 annual budget includes current employee classifications and ranges for multiple positions at the Kenai Senior Center, including Driver, Meals Driver, Data Entry Clerk, Kitchen Assistant, and Cook; and, WHEREAS, consolidation of the Meals Driver and Driver positions into a single Driver class and reallocation of the Data Entry Clerk to a Driver position provides for an additional Driver and improves efficiency and organizational flexibility at the Kenai Senior Center; and, WHEREAS, a position description was drafted to consolidate the Meals Driver, assigned at a range 1 in the City’s Classification Plan and Driver position, assigned at range 6, into a single Driver class; and, WHEREAS, as part of the FY24 budget process, Human Resources reviewed requests for reclassification of comparable positions at the Senior Center, including the Kitchen Assistant and Cook classes to ensure appropriate compensation; and, WHEREAS, to fairly reflect the differences in duties and responsibilities related to compensation for comparable positions in other places of public employment, and to meet the City’s objective to provide an appropriate compensation structure to recruit and retain competent employees, an amendment to the range for the combined Driver position from range 1 to range 4, the Kitchen Assistant from range 2 to range 4, and the Cook from range 6 to range 8 is warranted; and, WHEREAS, these proposed amendments will result in an increase to the FY23 budget of $4,950; and, if a similar staffing allocation were approved through the FY24 budget process, would result in an estimated increase of $14,300 in the Senior Citizens Fund beginning in FY24; and, WHEREAS, due to an increase in grant funding at the Senior Center, supplemental funding is available in the Senior Citizens Fund budget to cover the costs of the proposed amendments in FY23; and, WHEREAS, this amendment ensures that the employee classifications and ranges for multiple Kenai Senior Center positions accurately reflect the duties and responsibilities of the positions comparable to other positions within the City and is adequate to recruit and retain qualified employees. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council amends the Employee Classification Plan by amending the titles and ranges of Kenai Senior Center employee classes as follows: (E) General Services Page 10~ K~NAI Resolution No. 2023-16 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] 502 Assistant Parks & Recreation Director 19 503 Recreation Center Worker 3 504 Parks and Recreation Maintenance Technician 14 505 Parks and Recreation Laborer 6 506 Cook [6]8 508 [MEALS] Driver [6]4 509 Kitchen Assistant [2]4 511 Janitor 3 [512 DATA ENTRY CLERK 1 512 DRIVER 1] Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance _________________ Page 11 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Christine Cunningham, Acting Human Resources Director Kathy Romain, Senior Center Director DATE: February 14, 2023 SUBJECT: Resolution 2023-16 – Amending Senior Center Employee Classifications This resolution requests that City Council amend the City’s Classification Plan to make changes to multiple positions at the Kenai Senior Center, including the removal of the Data Entry Clerk position, which is currently vacant, consolidating two driving classes that have substantially similar duties, and amending the ranges of these positions to allow the City to recruit two Driver positions. The part-time (14-hour) Data Entry Clerk and one of the part-time (14-hour) Driver positions became vacant in December 2022. Since that time, existing staff at the Senior Center have performed the duties of these positions. The Senior Center is not able to utilize volunteers to do the same type of work that would otherwise be performed by employees. The Senior Center Director worked with Human Resources to recommend a proposed change to consolidate the Meals Driver and Driver positions into a single Driver class and reallocate the Data Entry Clerk to a Driver position, with the duties of the Data Entry Clerk to be permanently reassigned to Administrative Assistant II and Administrative Assistant III positions. This proposed change would benefit the City by improving workload distribution and allowing for greater opportunities for cross-training, replacement planning, and flexibility in staffing within the Senior Center. The Meals Driver’s primary responsibility is delivering meals to client homes. The Driver’s primary responsibility is to transport clients. Both positions occasionally cover each other’s duties and are substantially similar in their essential duties and minimum requirements, except that the Meals Driver position requires a certified food handler’s card. The Senior Center is currently authorized to staff one Data Entry Clerk and four part-time Driver positions as follows: Data Entry Clerk (14-Hour) Range 1 (starting pay $13.30 per hour) Meals Driver (14-Hour) Range 6 (starting pay $16.99 per hour) Meals Driver (20-Hour) Range 6 (starting pay $16.99 per hour) Driver (14-Hour) Range 1 (starting pay $13.30 per hour) Driver (14-Hour) Range 1 (starting pay $13.30 per hour) Page 12 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city The proposed combined Driver position description was reviewed, scored, and placed alongside comparable City positions. However, the City’s job evaluation system is less effective for part- time or lower-paid positions that key off minimum wage. The Driver position is similar to positions in other communities, although comparable data is limited. Regional differences are not included and comparison communities do not have a similar government structure. The City has experienced unusual difficulty in recruitment of the lower-paid Driver position as compared to the higher-paid Meals Driver position. To fairly reflect the differences in duties and responsibilities within the City’s Classification Plan related to compensation for comparable positions in other places of public employment and to meet the City’s objective to provide an appropriate compensation structure to recruit and retain an adequate supply of competent employees, classification of the consolidated Driver position at range 4 (starting pay $15.40 per hour) is appropriate. As part of the evaluation of the Driver positions, the Kitchen Assistant and Cook positions were referenced as City positions that received comparable scoring; however, the Kitchen Assistant is currently classified at a range below positions which received higher points in the job evaluation, and the Cook position is classified at a range with positions that score substantially lower. If the recommendation to consolidate and reclassify the Driver positions is approved, the disparity in compensation with duties and responsibilities for these positions would further increase within the City’s Classification Plan. Both the City’s current and proposed compensation structure and related compensation for comparable positions in other places of public employment support a reclassification of these positions to a higher range. The following amendment to the Classification Plan is recommended (New Text Underlined; [DELETED TEXT BRACKETED]): (E) General Services 502 Assistant Parks & Recreation Director 19 503 Recreation Center Worker 3 504 Parks and Recreation Maintenance Technician 14 505 Parks and Recreation Laborer 6 506 Cook [6]8 508 [MEALS] Driver [6]4 509 Kitchen Assistant [2]4 511 Janitor 3 [512 DATA ENTRY CLERK 1 512 DRIVER 1] If approved, these changes would affect existing employees at the Senior Center. In recognition of the experience and longevity of existing employees, it is recommended that employees who are now at a higher range than the proposed range retain their current step and range (e.g., an employee at 6E would stay at 6E and be eligible for step increases and longevity at their current range), and if an existing employee is at a step lower than the proposed range, it is recommended the employee would move to the proposed range and keep their current step (e.g., an employee at 1B would move to 4B). Any new employee would be hired at the minimum step of the new range. Page 13 Page 3 of 3 The proposed changes represent a reclassification and not the creation of a new position nor the removal of a classification of employees participating in PERS. The Data Entry Clerk position is ineligible for benefits and is not eligible for participation in PERS. Only one of the Driver positions is regularly scheduled to work more than 14 hours and is therefore eligible for benefits on a proportional basis and PERS participation. The City may amend or enhance the duties of non- participating positions but may not remove or terminate a participating class of employees, or it would result in a termination study. Typically, requests for reclassification are reviewed as part of the City’s budget process and become effective upon enactment by City Council of the ordinance adopting a budget for the following fiscal year, but they may also be adopted by resolution. Based on the immediate need for drivers at the Senior Center, the Senior Center Director worked with Human Resources and Finance to identify funding to support reclassification in FY23. The proposed changes would result in an increase to the FY23 budget of $4,950 and, due to an increase in grant funding at the Senior Center, supplemental funding is available in the Senior Citizens Fund budget to cover the increase in FY23. If similar staffing levels are approved as part of the FY24 budget, it would result in an increase of $14,300 to the Senior Citizens Fund beginning in FY24. If approved, the Senior Center can begin recruitment to fill two Driver positions immediately. Your consideration is appreciated. Page 14 The City of Kenai I www.kenai.city Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-17 A RESOLUTION AUTHORIZING THE USE OF THE FLEET REPLACEMENT FUND FOR THE PURCHASE OF EQUIPMENT TO UPFIT FOUR NEW POLICE VEHICLES AND AUTHORIZING THE SOLE SOURCE PURCHASE OF A PORTION OF THE ITEMS FROM ALASKA SAFETY INC. UTILIZING THE CONTRACT OF ANOTHER GOVERNMENT AGENCY IN WHICH THE CITY IS AUTHORIZED TO PARTICIPATE. WHEREAS, Resolution 2022-65 authorized the purchase of four new vehicles in 2022 to replace existing police vehicles and those vehicles are expected to arrive in the coming months and will require police equipment to be installed; and, WHEREAS, upfitting the police vehicles requires a number of vendors for things such as push bumpers, light bars, consoles, gun locks, partitions, transport seats, window barriers, decals, winter tires and rims, and other accessories, etc.; and, WHEREAS, the police department has worked closely with the City shop, where the vehicle equipment will be installed, to determine the cost utilizing a number of vendors and it is anticipated that $56,000 should be adequate to complete the upfitting of the four police vehicles; and, WHEREAS, the Kenai City shop has worked with Alaska Safety for a number of years in evaluating, purchasing, and installing many police vehicle accessories; and, WHEREAS, Alaska Safety has contracts with the State of Alaska and with the Municipality of Anchorage to supply many of these police vehicle accessories and provided two quotes to the City of Kenai for the police vehicle equipment utilizing each of those pre-existing government contracts for portions of the needed equipment for $36,959.92; and, WHEREAS, the purchases were planned in the Fleet Replacement Fund where sufficient funding is available; and, WHEREAS, KMC 7.15.070(b)(4) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to use the Fleet Replacement Fund to upfit these four vehicles at an estimated cost of $56,000 inclusive of contingency funds. Section 2. That the City manager is authorized to issue a purchase order in an amount up to $36,959.92 for the purchase police vehicle accessories from Alaska Safety Inc. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF MARCH, 2023. Page 15~ K~NAI Resolution No. 2023-17 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Page 16 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Ross, Police Chief DATE: February 17, 2023 SUBJECT: Resolution 2023-17 - Police Vehicle Equipment Purchasing Resolution 2022-65 previously authorized the ordering of four new vehicles in 2022 to replace existing police vehicles. This resolution would authorize the use of the Fleet Replacement Fund for the equipment necessary to upfit those four vehicles into police vehicles. It would also authorize the purchase of a significant amount of the required equipment from Alaska Safety Inc., utilizing government contracts established between both the State of Alaska and the Municipality of Anchorage for purchases from Alaska Safety Inc. The quotes from Alaska Safety Inc., under those two government contracts, total $36,950.92 and include items such as push bumpers, light bars, consoles, gun locks, partitions, transport seats, window barriers, etc. In addition to those items to be purchase from Alaska Safety, there are a number of other expenses to prepare these vehicles utilizing a number of other vendors. Items needed in addition to the Alaska Safety purchases include; decals and the installation of decals, winter tires and rims, purchase of certain other lights and accessories, etc. The total anticipated cost to upfit the four vehicles is anticipated to be less that $56,000 and this resolution would authorize the use of the Fleet Replacement Fund up to that amount. Thank you for your consideration. Page 17 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Sponsored by: City Clerk New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-18 A RESOLUTION RENUMBERING KENAI CITY COUNCIL SUPERVISORY SUB-COMMITTEE POLICY NO. 2017-02 TO POLICY NO. 20.230. WHEREAS, prior to 2014 Council policies were not given an identification number; and, WHEREAS, after 2014 Council Policies were numbered utilizing the year they were adopted and the order in which they were adopted; and, WHEREAS, development of a consistent Policy numbering system is an important part of policy management; and, WHEREAS, having a system that manages policies in place ensures that policies are easy to find, referenced and that they are kept up to date and organized. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the attached Kenai City Council Supervisory Sub-Committee Policy No. 2017-02 is renumbered to Policy No. 20.230. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 18~ K~NAI Page 1 of 1 CITY COUNCIL – [2017-02] 20.230 SUPERVISORY SUB-COMMITTEE Effective Date: Date: See Also: PRO-20.230; TSK-20.230 Approved by: City Council 20.230 Supervisory Sub-Committee Policy Page 1 of 1 POLICY – 20.230 Supervisory Sub-Committee [A.] Purpose The purpose of this Policy is to establish procedures and duties of the Supervisory Sub-Committee of the City Council for the purpose of facilitating communication and efficiency between the City Council and the City Attorney, City Manager and City Clerk regarding performance and other work matters. [B.] Appointment The Supervisory Sub-Committee will consist of three Councilmembers, including the Mayor, Vice-Mayor and a third Councilmember appointed by the Mayor and confirmed by Council. The appointment of the third member shall occur at the same Council Meeting that committee and commission liaisons are appointed and confirmed, or as soon thereafter as practicable. [C.] Procedures The Supervisory Sub-Committee will meet privately with the City Attorney, City Manager and City Clerk as needed to review performance related matters and/or other work-related matters. Meetings may be with one or more council employees. In the quarter in which the Council completes an annual review of the employees' performance, the Supervisory Sub-Committee shall meet with each employee after the annual performance review. [D.] Duties The Supervisory Sub-Committee shall discuss performance related matters and/or other work-related matters with the City Attorney, City Manager and City Clerk. After each meeting, the Supervisory Sub-Committee shall provide a written report available to the City Council and employee. This report shall be considered a confidential working record for the sole purpose of accumulating data for evaluation reports. Such reports shall be kept outside the employee's personnel file and destroyed after each annual evaluation performed by the City Council. The reports shall be considered unofficial and have no standing other than as a temporary record of items discussed. Such reports are confidential, and shall be sealed and maintained by the City Clerk and are accessible only to the City Council and Council employee. The Supervisory Sub-Committee may take no action, but shall act as an informal liaison between Council and its employee's. The Supervisory Sub-Committee may make reports to Council regarding performance, monitor performance expectations and goals, provide recommendations to employees regarding performance and work place matters and convey direction determined by Council. The City Attorney, City Manager, and City Clerk may contact any Councilmember or the Council as a whole regarding any work-related matter, and also may request meetings on a more frequent basis with the Supervisory Sub-Committee. This Policy does not preclude Councilmembers or the Council as a whole from addressing its employees on performance or other work-related matters by other means. ______________________________________________ Brian Gabriel Sr., Mayor ATTEST: ________________________________________________ Shellie Saner, MMC, City Clerk Policy History: Resolution No.’s 2017-03; 2019-71 Sub; 2023-18 Page 19JC K(;NAI Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-19 A RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY DESCRIBED AS LOTS 8 AND 9, BLOCK 19, OF THE ORIGINAL TOWNSITE OF KENAI, ACCORDING TO US SURVEY 2970B, RECORD OF THE KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, AND DESIGNATED AS KENAI PENINSULA BOROUGH PARCEL NUMBER 04710308 FROM BILLY MCCANN ET AL. AND GLENDA STERLING, FOR THE PUBLIC PURPOSE OF INCLUDING THE PROPERTY IN THE BLUFF EROSION RESTORATION PROJECT AND DETERMINING THAT THE PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL. WHEREAS, the subject real property is described as: Lot 8 and 9, Block 19, of the Original Townsite of Kenai, according to the US Survey 2970B, of the Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS, one of the owners of the property is deceased and the City will likely need to retain outside council to complete acquisition of the property; and, WHEREAS, the total purchase price for the subject parcel containing approximately .3 acres with estimated closing costs, and attorney’s fees should not exceed $10,000; and, WHEREAS, pursuant to Kenai Municipal Code 22.05.135(a) the City may acquire property needed for a public use on such terms and conditions as the Council shall determine; however, no purchase shall be made until a qualified appraiser has appraised the property and given the council an independent opinion as to the full and true value thereof unless the Council, upon resolution so finding, determines that the public interest will not be served by an appraisal; and, WHEREAS, the City Council has authorized the City Manager to enter into negotiations with property owners whose parcels have been identified by the Department of Army, Corps of Engineers as being needed for the construction of erosion-control structures or to provide permanent access to support the bluff stabilization project; and, WHEREAS, the Lower Kenai River has eroded the Kenai River Bluff through the Original Town Site of Kenai at an estimated rate of three feet per year, causing the loss of public and private infrastructure, buildings, and lands; and, WHEREAS, the subject parcel will be included in the project to stabilize the erosion of the bluff at the mouth of the Kenai River; and, WHEREAS, funds are available for the subject parcel purchase through Legislative Grant 12-DC- 77. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council hereby authorizes the City Manager to purchase the real property known as Lot 8 and 9, Block 19, Original Townsite of Kenai, located within Section 5, T5N, R11W, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska. Section 2. That the Kenai City Council further finds the acquisition of the subject parcel to be in Page 20~ K~NAI Resolution No. 2023-19 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] the best interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition for the total costs including estimated closing costs, and attorney’s fees not to exceed $10,000 in accordance it the recitals above which are incorporated. Section 3. Given the low purchase price the Council finds that the public interests will not be served by an appraisal. Section 4. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance _________________ Page 21 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: February 22, 2023 SUBJECT: Resolution 2023–19 – Purchase of Real Property described as Lot 8 and 9, Block 19, of the Original Townsite of Kenai The proposed Resolution authorizes the purchase of real property described as Lot 8 and 9, Block 19, of the Original Townsite of Kenai, according to US Survey 2970B, of the Kenai Recording District, Third Judicial District, State of Alaska. The subject parcel is located along the Kenai River bluff. The subject parcel has been identified by the Department of Army, Corps of Engineers as being needed for the construction of erosion- control structures or to provide permanent access to support the bluff stabilization project. One of the property owners is deceased and the City will need to retain outside council to obtain sufficient title to the property. Further complicating the purchase, the Borough assessment went from $200 in 2021, to $1,800 in 2022. The City is working with the Borough to address this increase. Time is of the essence in the purchase of the property to maintain the timeline for the project. Attached, aerial photograph identifying the subject parcel. Thank you for your consideration. Page 22 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 23 Resolution No. 2023-19 601 Outside Way KPB Parcel ID: 04710308 .1 _ __.I 601 Outside Way ._I _ __.! Parce ls N Map for Reference Only NOT A LEGAL DOCUMENT Date Printed : 2/23/2023 A or---r--r-, --,-----,----,, ~, BO 160 320 Fee t Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-20 A RESOLUTION AUTHORIZING A BUDGET TRANSFER IN THE VISITOR CENTER IMPROVEMENT CAPITAL PROJECT FUND AND AUTHORIZING A CONTRACT AWARD AND CORRESPONDING PURCHASE ORDER FOR THE VISITOR CENTER ROOF REPLACEMENT PROJECT. WHEREAS, a formal Invitation to Bid was released on January 19, 2023 for the Visitor’s Center Roof Replacement Project with bids due on February 6, 2023; and, WHEREAS, the following bids were received, ;and, WHEREAS, an Intent to Award was provided on February 8th, 2023 for E/P Roofing, however on February 15th, 2023 E/P Roofing requested to withdraw their bid; and, WHEREAS, Hanson Roofing, a local contractor known to the City, provided the 2nd lowest bid, and is now recommended for the contract award; and, WHEREAS, upon evaluation of the bids, award of the Base Bid with Additive Alternates #1 & #2 is recommended by the Administration at a total cost of $227,472; and, WHEREAS, supplemental funding is being requested by budget transfer from remaining funds in the Visitor Center HVAC Control Upgrade project in the total amount of $42,000 to allow the Visitor Center Roof Replacement Project to proceed; and, WHEREAS, if approved, the supplemental funding of $42,000 will bring the project budget to $262,000 for the project and is sufficient for design, construction and construction administration services; and, WHEREAS, completion of this project is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the following budget transfer is authorized: Visitor’s Center Improvement Capital Project Fund: Decrease Expenditures: Visitor Center HVAC Control Upgrade Project - Construction $(42,000) Increase Expenditures: Bidders Base Bid Totals Base Bid Add Alt #1 Add Alt #2 Add Alt #3 E/P Roofing $119,900 $9,300 $1,300 $9,300 Hanson Roofing $208,340 $9,472 $9,660 $10,000 Rainproof Roofing $234,350 $9,850 $13,500 $27,985 Page 24~ K~NAI Resolution No. 2023-20 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Visitor Center Roof Replacement Project - Construction $ 42,000 Section 2. That the City Manager is authorized to execute a contract award and corresponding purchase order to Hanson’s Roofing in the amount of $227,472 for the Visitor’s Center Roof Replacement Project. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Page 25 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Director of Public Works DATE: February 19, 2023 SUBJECT: Resolution No. 2023-20 – Visitor Center Roof Replacement The Visitor’s Center existing asphalt shingle roof has reached the end of its intended life. The facility has experienced a few minor roof leaks and some ice damming to date. This project will remove the existing shingles, install new ice and water shield over the entire roof area, and install new Malarkey Legacy Scotchgard asphalt shingles similar to the photos below. Materials will be ordered once contract is executed with work anticipated to take place in May / June 2023. This project has been a challenge for the department. Project was originally bid in July 2022, with only two bids received, both in excess of budgeted amounts. With the new bid release in January we had hoped to take advantage of more favorable market conditions, however with the withdrawal of the low bidder, this was not the case. The re-bid broke out several elements of the project into Additive Alternates, #1 included an upgrade to a heavier shingle with an improved warranty, #2 provided replacement of all flashings with new in lieu of reusing some of the existing, #3 was to install gutters and downspouts which we are electing to not purchase at this time. Supplemental funding is necessary to complete the project, and the Visitor Center HVAC Control Upgrade project, originally funded at $62,000 has only used $8,000 in funds due to Building’s Maintenance staff successfully completing many of the needed repairs in house. The transfer of $42,000 from this project to the Roof Replacement Project will allow the work to move forward and is in the best interest of the City. Council’s approval is respectfully requested. Page 26 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 2 of 2 Page 27 I ii: r, ca ROO F C 2!1'-0" The City of Kenai I www.kenai.city Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2023-21 A RESOLUTION AUTHORIZING A CONTRACT AWARD AND CORRESPONDING PURCHASE ORDER FOR THE GREEN STRIP PLAYGROUND EQUIPMENT PROJECT. WHEREAS, a formal Proposal Quote Request was released on February 1, 2023 with proposals due on February 21, 2023 for the Softball Green Strip Playground Equipment project; and, WHEREAS, the following proposals were received and scored by the evaluation committee, Proposer Score Cost Playcraft Systems 275 $85,000 Northwest Playground Equipment, Inc. 251 $90,606 ; and, WHEREAS, Playcraft Systems was determined to have provided the highest scoring proposal and it is the recommendation of the evaluation committee and the administration that award to Playcraft Systems is in the best interest of the City; and, WHEREAS, this project will replace the existing playground equipment at the Green Strip Park located at 400 Main St. Loop with grant funding provided by the Department of Health & Social Services through a Healthy & Equitable Communities Memorandum of Agreement (MOA) # C0622-584-K. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a contract award and corresponding purchase order to Playcraft Systems in the amount of $85,000. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance _________________ Page 28~ K~NAI MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Director of Public Works DATE: February 19, 2023 SUBJECT: Resolution No. 2023-21 – Softball Green Strip Play Ground Equipment This project will replace the aging playground equipment between the softball fields with new. Funding for this work is provided by COVID related grant funds from the Department of Health & Social Services through the State of Alaska and the Kenai Peninsula Borough. The project costing $85,000, is anticipated to be completed quickly due to the tight deadlines on utilization of these funds. Playground equipment is expected to be installed before May 31, 2023. The Parks & Recreation Department will be assisting with demolition and site prep as well as restoration of grass areas that may become damaged during the installation. Council’s support is respectfully requested. Page 29 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 2 of 2 Page 30 Softba ll G reen Strip Playground NE VI EW STRU CTURE# PROJECT fl DATE R5001555A PCD232BBDOA 2/20/2023 Softba ll Green Strip Playground SW VI EW STRU CTURE# PROJE CT# DATE R5001555A PCD232BBD0A 2/20/2023 HPLAYCRAFY-~1 ,.Wi ►◄•• Ki HPLAYCRAFY-~1 \-◄►◄•◄►i The City of Kenai I www.kenai.city KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 15, 2023 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING City of Kenai Council Meeting Page 1 of 8 February 15, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on February 15, 2023, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor James Baisden, Vice Mayor Teea Winger Deborah Sounart Alex Douthit Victoria Askin Henry Knackstedt A quorum was present. Also in attendance were: **Silas Thibodeau, Student Representative Terry Eubank, City Manager Scott Bloom, City Attorney Linda Mitchel, Planning Director Dave Ross, Police Chief Shellie Saner, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item D.9. Public Hearing – Resolution No. 2023-13 • Substitute Policy No. 20.110 Use of Electronic Devices During Meetings MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions and requested UNANIMOUS CONSENT. Vice Mayor Baisden SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda. Vice Mayor Baisden SECONDED the motion. The items on the Consent Agenda were read into the record. Page 31CJ City of Kenai Council Meeting Page 2 of 8 February 15, 2023 Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. Kenai Permanent Fund Annual Review, 2022 Financial Performance, Financial Projections and Recommended 2023 Asset Allocations for the City’s Permanent Fund, Brandi Niclai and Bill Lierman, from Alaska Permanent Capital Management. Brandy Niclai provided a review of the Permanent Fund Investment reporting overall growth; market review, portfolio review and a strategic review; and discussed the 2023 market outlook which suggested a shift from inflation to slow growth or recession. 2. Project Homeless Connect 2023 Report, Jodi Stuart, Project Homeless Connect Publicity Chair. Jodi Stuart presented an overview of the 2023 Project Homeless Connect event; provided statistical information from the data collected; explained the organizational structure and organizations involved with the with homelessness services; and highlighted the success of the event and its positive impact on the participants. C. UNSCHEDULED PUBLIC COMMENTS - None. D. PUBLIC HEARINGS 1. Ordinance No. 3335-2023 - Increasing Estimated Revenues and Appropriations in the Airport Fund Fiscal Year 2023 Budget for Utility Costs Associated with the Alaska Regional Fire Training Center. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3335-2023. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that with Beacon no longer managing the facility, the City was now responsible for the utilities; some of the utility costs would be recovered through rental from the facility; and Beacon was now a tenant. VOTE: YEA: Winger, Baisden, Gabriel, Douthit, Sounart, Knackstedt, Askin NAY: None **Student Representative Thibodeau: Yea MOTION PASSED, UNANIMOUSLY. 2. Resolution No. 2023-06 - Authorizing the City Manager to Accept a Donation, on Behalf of the City, of Property Described as Lot 4, Block 8 of the Original Townsite of Kenai, Kenai, Alaska from the Trust Agreement of Thelma M. Bagoy, for a Public Purpose and Determining that the Public Interest will Not be Served by an Appraisal. (Administration) Page 32CJ City of Kenai Council Meeting Page 3 of 8 February 15, 2023 MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-06. Vice Mayor Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that the land would be used as an open space; the original letter offering the land was received in 2021 and recently found by new Planning Director Mitchel who contacted the owners and they were still interested in donating the land. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 3. Resolution No. 2023-07 - Designating the Investment and Allocation Plan for the City’s Permanent Funds and Establishing Appropriate Benchmarks to Measure Performance for Calendar Year 2023. (Administration) MOTION: Council Member Askin MOVED to adopt Resolution No. 2023-07. Vice Mayor Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 4. Resolution No. 2023-08 - Repealing City Council Adopted Policy 2018-02 - Procedures for Including Contingency Funding in Contracts. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-08. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2023-09 - Renumbering Kenai City Council Travel Policy No. 2014-02 to Policy No. 20.200. (City Clerk) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-09. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 6. Resolution No. 2023-10 - Renumbering Kenai City Council Public Recognition Policy No. 2014-01 to Policy No. 20.210. (City Clerk) Page 33CJ City of Kenai Council Meeting Page 4 of 8 February 15, 2023 MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-10. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the last update to the policy was in 2016 and increased costs of goods since that time. MOTION TO AMEND: Council Member Douthit MOVED to amend the City of Kenai Public Recognition Policy, paragraph 1 as attached to Resolution 2023-10 by increasing the amount not to exceed from $150 to $200 as follows: “The Council recognizes a public benefit in the recognition, on behalf of the Council and City, of certain events affecting the community, City officials, and employees. Pursuant to this policy, the Mayor is authorized to expend City funds within budgeted amounts not to exceed $[150] 200 per event on gifts and other appropriate items such as flowers. Council must approve by motion the expenditure of any greater amount.” Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the main motion as amended. VOTE: There being no objection; SO ORDERED. 7. Resolution No. 2023-11 - Amending the City Council Agenda and Packet - Preparation, Distribution and Publication Policy No. 2019-01 and Renumbering to Policy No. 20.000. (City Clerk) MOTION: Council Member Askin MOVED to adopt Resolution No. 2023-11. Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 8. Resolution No. 2023-12 - Amending the City Council Procedures for Recording City Council Meetings and Work Sessions Policy No. 2017-03 and Renumbering to Policy No. 20.010. (City Clerk) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-12. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. Page 34 City of Kenai Council Meeting Page 5 of 8 February 15, 2023 9. Resolution No. 2023-13 - Repealing the Unnumbered City Council Electronic Devices During Meetings of the Council Policy and Adopting City Council Policy No. 20.110 Use of Electronic Devices During Meetings. (Gabriel, Baisden, Knackstedt) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-13. Vice Mayor Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend City Council Policy No. 20.110 Use of Electronic Devices During Meetings as attached Resolution No. 2023-13 by Substitute Policy No. 20.110 Use of Electronic Devices During Meetings. Vice Mayor Baisden SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend by Substitute Policy. VOTE: There being no objection; SO ORDERED. UNANIMOUS CONSENT was requested on the main motion as amended by Substitute. VOTE: There being no objection; SO ORDERED. 10. Resolution No. 2023-14 - Amending the City Council Mobile Device Use and Management Policy No. 2017-01 and Renumbering to Policy No. 20.120. (City Clerk) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-14. Vice Mayor Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding when the City established funding for mobile devices the intent was to reduce printing and binding costs of the City; and to discourage the use of paper whenever possible. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 11. Resolution No. 2023-15 - Amending the City Council Selecting and Appointing a Qualified Person or Persons to Fill Vacancies on the City Council Policy No. 2021-01 and Renumbering and Renaming to City Council Policy No. 20.220 - Filling Council Vacancies by Appointment. (City Clerk) MOTION: Council Member Askin MOVED to adopt Resolution No. 2023-15. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. MOTION: Council Member Winger MOVED to Postpone Resolution No. 2023-15 until the March 15, 2023 Regular City Council Meeting. Vice Mayor Baisden SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. Page 35CJ City of Kenai Council Meeting Page 6 of 8 February 15, 2023 E. MINUTES 1. *Regular Meeting of February 1, 2023. (City Clerk) F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Approval of the First Extension to the Agreement with Redline Sports for Management Services at the Kenai Multi-Purpose Facility. (Administration) Approved by the consent agenda. 3. *Ordinance No. 3336-2023 - Accepting and Appropriating an American Rescue Plan Act Grant Passed through the State of Alaska Department of Health and Social Services for Kenai Senior Center Expenditures in Support of its Response to the COVID-19 Public Health Emergency. (Administration) Introduced by the consent agenda and Public Hearing set for March 1, 2023. 4. *Ordinance No. 3336-2023 - Accepting and Appropriating an Increase from the Kenai Peninsula Borough for the Senior Citizen Program Grant. (Administration) Introduced by the consent agenda and Public Hearing set for March 1, 2023. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging February 9, 2023 meeting was cancelled, next meeting March 9, 2023. 2. Airport Commission Council Member Askin reported on the February 9, 2023 meeting. 3. Harbor Commission Council Member Douthit reported on the February 6, 2023 work session. 4. Parks and Recreation Commission February 2, 2023 meeting was cancelled, next meeting March 2, 2023. 5. Planning and Zoning Commission Vice Mayor Baisden reported on the February 8, 2023 work session. 6. Beautification Committee Next meeting February 21, 2023. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attending Chamber Luncheon for the Borough Mayor Candidate Forum. • Attending the Retirement Party for former City Manager Paul Ostrander. Page 36CJ City of Kenai Council Meeting Page 7 of 8 February 15, 2023 • Spoke at the Kenai Chamber of Commerce Job Shadow event. J. ADMINISTRATION REPORTS 1. City Manager – City Manager Eubank reported on the following: • The 2023 State of the City was scheduled for April 5, 2023 at the Kenai Chamber Luncheon. • Bluff Erosion Update, two properties were still needed. • Recruitment update for the Human Resource Director and Finance Director. • Meeting with the Boys and Girls Club and reviewing the preliminary designs. • Working to ensure the training schedule at the Fire Training Center is uninterrupted. • Testifying at the Senate Labor and Commerce meeting. • Capital Projects had been entered into CAPSIS. • Discussions regarding summer ice availability and the damage to the Multi-Purpose facility when ice is put in during the summer. • Property, Sales Tax and online Sales Tax numbers were up. 2. City Attorney – None. 3. City Clerk – City Clerk Saner reported on the following: • Reminder about the February 23, 2023 Appreciation Lunch and Training Session. K. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None. 2. Council Comments Council Member Douthit reported on activities at the Chamber of Commerce including a meeting with the Kenaitze and Salamatof Indian Tribes about museum artifacts, and applicants for the Executive Director position. Student Representative Thibodeau reported on various school activities, including baseball practices and the recovery of a player’s back injury, basketball games, junior job shadow day, Sadie Hawkins homecoming dance, honor choir, and E-sports team. Council Member Askin thanked everyone for the great discussion. Council Member Winger reported on the success of local student athletes; reminded the public to be cautious of moose in the area and not to feed them; encouraged support for Matt Brown's Operation Children First program. Council Member Knackstedt stated that he had been out of town for the last two weeks. L. EXECUTIVE SESSION - None. M. PENDING ITEMS 1. Ordinance No. 3332-2023 - Amending Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow a Maximum of Twelve (12) Chicken Hens to be Kept on Certain Lots Less than 40,000 Square Feet within the City of Kenai. (Douthit and Winger) [01/04/23 Introduced by Council; Referred for recommendation to the 01/25/23 Planning and Zoning Commission Meeting; First Public Hearing by Council Scheduled for 02/01/23; 02/01/23 Referred to the Planning & Zoning Commission for a Work Session; Second City Council Public Hearing Scheduled for March 1, 2023.] Page 37CJ City of Kenai Council Meeting Page 8 of 8 February 15, 2023 N. ADJOURNMENT O. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 7:58 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 15, 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 38CJ Sponsored by: Council Members Douthit and Winger New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3332-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTION 3.10.070-LIVESTOCK WITHIN THE CITY LIMITS, TO ALLOW A MAXIMUM OF TWELVE (12) CHICKEN HENS TO BE KEPT ON CERTAIN LOTS LESS THAN 40,000 SQUARE FEET WITHIN THE CITY OF KENAI. WHEREAS, the keeping of chicken hens within the City of Kenai on lots less than forty thousand (40,000) square feet and in the Urban Residential (RU), Suburban Residential 1 (RS1) Suburban Residential 2 (RS2), and Townsite Historic (TSH) zoning districts is currently prohibited; and, WHEREAS, residents have expressed an interest in keeping chicken hens on lots less than forty thousand (40,000) square feet for personal use; and, WHEREAS, outside the RU, RS1, RS2, and TSH zoning districts, a relatively small number of chicken hens may be kept within populated areas of the City without causing an unreasonable risk of nuisance or wild animal attractant if the hens are properly located, contained, managed and maintained; and, WHEREAS, twelve (12) chicken hens or less is a reasonable number to provide a household with eggs without having too high a density of chickens, which could increase the likelihood of causing a nuisance or wild animal attractant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 3.10.070 of Kenai Municipal Code: That Kenai Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended as follows: 3.10.070 Livestock within the city limits. (a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai. (b) No livestock shall be allowed in the RU, RS1, RS2 or TSH zones. ([B]c) Except in the RU, RS1, RS2, or TSH zones, [L]livestock, other than bees, may be kept on lots of forty thousand (40,000) square feet or greater. [NO LIVESTOCK SHALL BE ALLOWED IN THE RU, RS1, RS2 OR TSH ZONES. ANIMALS RAISED FOR A FUR-BEARING PURPOSE ARE NOT ALLOWED IN ANY ZONE. BEEKEEPING WILL BE RESTRICTED AS DESCRIBED IN SUBSECTION (G).] (1) The keeping of chicken hens on lots less than forty thousand (40,000) square feet will be subject to the standards in subsection (k). (2) Animals raised for a fur-bearing purpose are prohibited within the city limits. (3) Beekeeping will be restricted as described in subsection (l). ([C]d) In this section “livestock” is defined as the following animals: (1) Cow Page 39~ K~NAI Ordinance No. 3332-2023 Page 2 of 4 New Text Underlined; [DELETED TEXT BRACKETED] (2) Horse (3) American bison (4) Llama (5) Alpaca (6) Sheep (7) Swine (8) Goat (9) Mule (10) Donkey (11) Ratite (12) Duck (13) Goose (14) Chicken (15) Turkey (16) Rabbit (17) Honey bees (Apis mellifera) ([D]e) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City may charge a permit fee, which fee shall be as set forth in the City’s schedule of fees adopted by the City Council. (2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4-H, Future Farmers of America, or Boy/Girl Scouts on lots not otherwise eligible under this section. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the board of adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City may charge a permit fee, which fee shall be as set forth in the City’s schedule of fees adopted by the City Council. ([E]f) Lots on which livestock are kept on the effective date of the ordinance codified in this section which are not eligible for the keeping of livestock under this section shall be considered a non- conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of the ordinance codified in this section. Offspring of livestock allowed as a non-conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this section or outside of the city limits. Page 40 Ordinance No. 3332-2023 Page 3 of 4 New Text Underlined; [DELETED TEXT BRACKETED] ([F]g) Except as set forth in subsections ([G]h) and (i), below, corrals, pens, hutches, coops, fences or other animal containment structures must have a minimum setback of twenty-five feet (25′) from the property’s side yards, fifty feet (50′) from the front yard, and ten feet (10′) from the back yard. All animal containment structures must be secure and in good repair. (h) The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the RU, RS1, RSL, and TSH zoning districts, subject to the following standards: (1) A maximum of twelve (12) chicken hens may be kept on lots with a permitted principal structure. (2) Chicken hens must be kept in an enclosed shelter or fully fenced-in at all times. (3) Chicken coops, hutches or other fully enclosed shelters may not be located in a front yard or side yard that abuts a street in a residential zoning district and must have a minimum setback of fifteen feet (15’) from the side yards, ten feet (10’) from the rear yard, and twenty- five feet (25’) from residential dwellings on neighboring lots. (4) Fences, corral, pen, or other similar containment structures must have a minimum setback of fifteen feet (15’) from the side yards, twenty-five feet (25’) from the front yard, ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots. (5) All shelters or containment structures must be constructed of durable weather resistant materials, secured, and kept in good repair. (6) No person may slaughter chickens on-site except when in an area of the property not visible to the public or adjoining properties. (7) Chicken hens may not be kept in such a manner as to constitute a public nuisance as defined by Kenai Municipal Code. (8) The keeping of chicken hens must be consistent with terms of this title and does not in or of itself constitute a nuisance or a disturbance. ([G]i) No person may keep honey bees, Apis mellifera, in a manner that is inconsistent with the following requirements or that is inconsistent with any other section of this code. (1) Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adjacent property. To that end, colonies shall be situated at least twenty-five feet (25′) from any lot line not in common ownership; or oriented with entrances facing away from adjacent property; or placed at least eight feet (8′) above ground level; or placed behind a fence at least six feet (6′) in height and extending at least ten feet (10′) beyond each hive in both directions. (2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000) square feet or smaller, nor shall any person keep more than one (1) additional hive for each additional two thousand four hundred (2,400) square feet over ten thousand (10,000) on lots larger than ten thousand (10,000) square feet. (3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy condition to humans or animals. (4) Beekeepers shall take appropriate care according to best management practices when transporting hives of bees. Bees being transported shall have entrance screens or be secured under netting. (5) The term “hive” as used in this section means the single structure intended for the housing of a single bee colony. The term “colony” as used in this section means a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. Page 41 --- Ordinance No. 3332-2023 Page 4 of 4 New Text Underlined; [DELETED TEXT BRACKETED] [(H) A PERSON SEEKING RELIEF FROM THE PROVISIONS OF THIS SECTION MAY APPLY FOR A CONDITIONAL USE PERMIT UNDER KMC 14.20.150.] Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 1ST DAY OF MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: January 4, 2023 First Public Hearing: February 1, 2023 Second Public Hearing: March 1, 2023 Effective: March 31, 2023 Page 42CJ MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Council Member Alex Douthit DATE: December 29, 2022 SUBJECT: Ordinance No. 3332-2023 Amending KMC Section 3.10.070-Livestock Within the City Limits This Ordinance addresses proposed changes to KMC Section 3.10.070 that will allow a relatively small number of chicken hens to be kept on certain lots within the city limits. Under the current ordinance, the keeping of chicken hens on lots less than 40,000 square feet is prohibited. Residents have expressed an interest in keeping chicken hens on lots less than 40,000 square feet to provide a supply of fresh eggs. The raising of chicken hens for their eggs helps to promote food security in our community. The proposed changes will allow a maximum of 12 chicken hens to be kept on lots less than 40,000 square feet except for the following zones: RU, RS1, RS2, and TSH, these four zones uniquely prohibit the keeping of any livestock regardless of lot size. Attached is a map of where chicken hens will be permitted under the proposed amendment. The proposed changes also includes specific conditions under which the keeping of chicken hens will be permitted. Your consideration is appreciated. Page 43 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city This map is for graphic representationonly and the City of Kenai assumes noresponsibility for errors on this map.0120.5 MilesCity of KenaiKMC 3.10.070-Livestock within city limitsProposed Amendment to Allow Chicken Hens onLots Less Than 40,000 SF (3,307)Livestock are PermittedProhibited Zones (RU, RS1, RS2, and TSH)Proposed Amendment to AllowChicken Hens on Certain LotsLess than 40,000 Square FeetPage 441111 1111 1111 CJ A J(? MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: January 23, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Technical Amendment The purpose of this memo is to request technical amendment to Ordinance No. 3332-2023. The following technical amendments are respectfully requested. Motion Thank you for your consideration. Amend Section 1, paragraph c. 1. by replacing the reference to subsection (k), with reference subsection (h); and Amend Section1, paragraph c. 3. By replacing the reference to subsection (L), with reference to subsection (i); and Amend Section 1, paragraph h. by removing RSL from the listed exceptions and replacing with RS2. And renumber the current Sections 2 and 3 to 3 and 4. Page 45 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Victoria Askin, Council Member DATE: January 26, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Amendment Ordinance 3332-2023 should be amended to address the number of chicken hens allowed based on the geographic zone. The keeping of 12 chicken hens on smaller lots within denser areas is excessive for providing eggs for the average household or as household pets. The raising of chicken hens could affect or benefit the community and it is important to balance the number of chicken hens accordingly. The following amendment is proposed. 1) 3.10.070(h)(1) Allow a maximum of 12 chicken hens in the Rural Residential (RR) zone and allow a maximum of six (6) chicken hens in the other zones, except in the prohibited zones. The RR zone is generally located in the outlying and rural areas. Most of lots in the RR zone are surrounded by lots greater than 40,000 square feet where livestock are generally permitted. The keeping of 12 chicken hens would be better suited for lots within the RR zone based how it is dispersed away from the centrally developed area, where it would not significantly affect the surrounding neighbors. The keeping of six (6) chicken hens is a reasonable amount for other zones since it is estimated that three (3) chickens per two (2) household members is the rule of thumb to support egg consumption needs. The other zones, specifically the residential zones are generally located in the dense residential neighborhoods and limiting the number of chicken hens to six (6) would balance the benefits and minimize the potential nuisance. Attached is a map of the proposed amendment. Motion New Text Underlined Thank you for your consideration. Amend Section 1, paragraph h. 1. that reads: A maximum of twelve (12) chicken hens may be kept on lots in the Rural Residential (RR) zone and a maximum of six (6) chicken hens on lots in other allowed zones with a permitted principal structure. Page 46 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 47City of Kenai KMC 3.10.070-Livestock within city limits Proposed Amendment to Allow Up to 12 Chicken Hens in the Rural Residential (RR) Zone and Up to 6 Chicken Hens in other zones on Certain Lots Less than 40,000 Square Feet ---__ _, Proposed Amendment to Allow Up to 12 Chicken Hens on Lots Less Than 40,000 SF in the Rural Residential (RR) Zone Proposed Amendment to Allow Up to 6 Chicken Hens on Lots Less Than 40,000 SF in other Zones Livestock are Permitted -Prohibited Zones (RU, RS1, RS2, and TSH) ..------...---,---------~---.-------,, 0 0.5 2 Miles This map Is for graphic representation only and the City of Kenai assumes no responsibility for errors on this map. CJ A MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Henry Knackstedt, Council Member DATE: January 26, 2023 SUBJECT: Ordinance No. 3332-2023 Comments and Proposed Amendments Ordinance 3332-2023, an amendment to KMC 3.10.070-Livestock within City Limits should be more restrictive to provide low visibility and minimize impacts on the surrounding neighbors and community. The following are my proposed amendments to the Ordinance: 1) 3.10.070(h) Add the Airport Light Industrial (ALI) Zone to the list of zoning districts that prohibits the keeping of any chicken hens. Lots within the Airport Light Industrial Zone are reserved for aviation-related commercial and industrial uses. The keeping of chicken hens should be prohibited in the ALI Zone to be consistent with the intent of the zone. 2) 3.10.070(h)(1) Reduce the number of permitted chicken hens from 12 to 6. The allowance of raising 12 chicken hens would provide a surplus of eggs for the average household. Additionally, fewer chicken hens would produce less waste and may be generally more acceptable to neighbors. 3) 3.10.070(h)(3) and (4) Restrict the location of the enclosed shelters and containment structures to the rear yard. The ordinance provides lenient setback requirements for the location of housing and fencing of chicken hens that may detract from the neighborhood appearance. The Ordinance would potentially allow fencing of chicken hens in the front yard if a house has a setback greater than 25 feet from the front property line; therefore, chicken hens may roam in the front yard under the Ordinance. The potential of unobscured chicken hens in the front yard would diminish the neighborhood streetscape. To minimize the visual impact and nuisance complaints, the location of the housing and fencing for the chicken hens should be limited to the back yard. Attached is a map of the proposed amendment. Page 48 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 2 of 2 Motion New Text Underlined; [DELETED TEXT BRACKETED] Thank you for your consideration. Amend Section 1, paragraph h as follows: (h) The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS1, RS2, and TSH zoning districts, subject to the following standards: Amend Section 1, paragraph h. 1. that reads: (1) A maximum of six (6)[TWELVE (12)] chicken hens may be kept on lots with a permitted principal structure. Amend Section 1, paragraphs h. 3. And h. 4. that reads: (3) Chicken coops, hutches or other fully enclosed shelters must be located in the rear yard [MAY NOT BE LOCATED IN A FRONT YARD OR SIDE YARD THAT ABUTS A STREET IN A RESIDENTIAL ZONING DISTRICT] and must have a minimum setback of fifteen feet (15’) from the side yards, ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots. (4) Fences, corral, pen, or other similar containment structures must be located in the rear yard and have a minimum setback of fifteen feet (15’) from the side yards, [TWENTY- FIVE FEET (25’) FROM THE FRONT YARD,] ten feet (10’) from the rear yard, and twenty- five feet (25’) from residential dwellings on neighboring lots. Page 49 The City of Kenai I www.kenai.city Page 50City of Kenai KMC 3.10.070-Livestock within city limits Proposed Amendment to Allow Up to 6 Chicken Hens on Certain Lots Less than 40,000 Square Feet ...----,., --Proposed Amendment to Allow Up to 6 Chicken Hens on Lots Less Than 40,000 SF Livestock are Permitted 1111 Prohibited Zone for Chicken Hens in the AU Zone -Prohibited Zones (RU, RSl, RS2, and TSH) 0 0.5 2 Miles This map is for graphic representation only and the City of Kenai assumes no responsibility for errors on this map. CJ A MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Alex Douthit, Council Member DATE: February 23, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Amendments After reviewing the public comments on Ordinance No. 3332-2023, the proposed amendments are to limit the keeping of chicken hens to primarily laying eggs, determine flock size based on lot size, and place the burden of proof on the property owner for compliance. The following amendments are respectfully requested. Motion 1 New Text Underlined Amend Section 1, paragraph h. by adding a new line that reads: (X) The term “laying hens” as used in this section means a female chicken that is kept primarily for laying eggs and not for the sole purpose of meat. Page 51 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 2 of 2 Motion 2 New Text Underlined; [DELETED TEXT BRACKETED] Motion 3 New Text Underlined; [DELETED TEXT BRACKETED] Motion 4 New Text Underlined Thank you for your consideration. Amend the following paragraphs in Section 1, where references of “chicken hens” are replaced with “laying hens”. (c)(1) The keeping of [CHICKEN HENS] laying hens on lots less than forty thousand (40,000) square feet will be subject to the standards in subsection (k). (h) The keeping of [CHICKEN HENS] laying hens on lots less than forty thousand (40,000) square feet is allowed, except in the RU, RS1, RSL, and TSH zoning districts, subject to the following standards: (h)(1) A maximum of twelve (12) [CHICKEN HENS] laying hens may be kept on lots with a permitted principal structure. (h)(2) [CHICKEN HENS] Laying hens must be kept in an enclosed shelter or fully fenced-in at all times. (h)(7) [CHICKEN HENS] Laying hens may not be kept in such a manner as to constitute a public nuisance as defined by Kenai Municipal Code. (h)(8) The keeping of [CHICKEN HENS] laying hens must be consistent with terms of this title and does not in or of itself constitute a nuisance or a disturbance. Amend Section 1, paragraph h. 1. that reads: (1) Up to six (6) laying hens may be kept on lots of 10,000 square feet or greater [A MAXIMUM OF TWELVE (12) CHICKEN HENS MAY BE KEPT ON LOTS] with a permitted principal structure. Two (2) additional laying hens are allowed for each additional 5,000 square feet of lot area to a maximum of twelve (12) laying hens. Laying hens are prohibited on lots less than 10,000 square feet. Amend Section 1, paragraph h. by adding a new line that reads: (X) It is the responsibility and burden of the property owner to provide necessary information to the City, potentially including a survey performed by a registered surveyor, to verify conditions of this title are met if reasonably called into question. Page 52 The City of Kenai I www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Meghan Thibodeau, Deputy City Clerk DATE: February 24, 2023 SUBJECT: Ordinance No. 3332-2023 Public Comments To provide a consistent record of all public comment received on Ordinance No. 3332-2023, we have included all written comments that has been submitted for this ordinance, including those that had been included in previous meeting packets or laydown. • Pages 54 - 90: included in February 1, 2023 City Council Packet • Pages 91 - 100: included in February 1, 2023 City Council Laydown • Pages 101 - 162: first being published to Council in this meeting packet (previously published in February 8th and/or February 22nd Planning & Zoning materials) • Pages 163 - 181: first being published in in this meeting packet (not included in any previous meeting materials) By including all public comments on this ordinance, we hope to provide a complete and transparent record of the feedback that has been received from the community. Page 53 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 54 January 18, 2023 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Re: Opposition to Ordinance No. 3332-2023 To: Mayor Gabriel and Kenai City Council Kenai Planning and Zoning Commission Thank you to the City Council for referring this sweeping ordinance (affecting 3,307 parcels) to the Planning and Zoning Commission. This will give the public more opportunity for notice and comment. We wish to express our strong opposition to the passage of Ordinance No . 3332- 2023. Passage of this ordinance will dramatically change the character of our neighborhoods. It severely limits the properties for residents who don't want to reside near chickens. Our guess is the majority of Kenai residents would oppose it if they were aware of it and of the impacts. Most of the City Council was present for the June 20, 2022 Board of Adjustment Hearing (Case No. BA-22-01) where we and others expressed our opposition to our adjacent neighbor's Livestock Permit for Chickens. We purchased our home in Woodland Subdivision in 1988 (zoned Suburban Residential) because we wanted to live in a residential neighborhood. For over two years we witnessed blatant violation of the terms of our neighbor's 2020 permit. It wasn't until a "renewal" was applied for did Animal Control perform inspections in April 2022 and found the applicant violated not only the original permit but also the requested new permit. In addition, fencing and structures violating the setback requirements still have not been removed. This is a prime example of where residents did not comply with their permit. If the current laws can't be managed, new and broader allowances won't be enforced either. Fresh eggs can be purchased locally. We buy eggs at local businesses where sales tax is collected to help support our community. As far as the increased cost of eggs, there is also an in creasing cost to have proper chicken coops, fencing, feed, electricity and other expenses. It seems this ordinance intends to satisfy a few residents at the expense of many. A similar ordinance failed in 2015. 1 Page 55 We can attest that a dozen chickens, or several dozen chickens, are a nuisance in a densely populated subdivision on lots smaller than 40,000 square feet. Along with elevated noise, odors and spread of disease, there is an increased potential for predators, wild and domestic. We think most homeowners affected by this ordinance bought their property knowing that chickens were not a permitted land use and had an expectation that their neighbors wouldn't have chickens either. Passage of this ordinance will pit neighbor against neighbor. Please reject this ordinance. Thank you for your consideration in this matter. Kim and Dave Howard P.O. Box 2823 Kenai, AK 99611 Attachment: Photo from our side yard window, 3/29/22 2 Page 567:45 AM Tue Jan 17 < ••• March 29, 2022 8 :49 PM Q CD ~- lufEdit Page 57 January 19, 2023 Mayor Brian Gabriel and Council Members Planning & Zoning Commission Members City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 RE: ORDINANCE NO. 3332-2023 -Amending Kenai Municipal Code Section 3.10.070-Livestock Within the City Limits, to Allow a Maximum of Twelve (12) Chicken Hens to be Kept on Certain Lots Less Than 40,000 Square Feet Within the City of Kenai. Thank you for reviewing and considering amendments to Kenai Municipal Code 3.10.070, Livestock. I live in Woodland Subdivision, and due to personal experience during 2022 as well as a neighbor's encounter with the ins and outs of the existing ordinance, it is very apparent the Livestock ordinance sorely needs attention, as well as monitoring of the ordinance. My concerns with Ordinance No . 3332-2023 are listed below: (d) -- (d) -- (g) -- (h)(l) -- (h)(3) & (4) -- In the listing of animals defined as "livestock," should (14) Chicken be amended to read "(14) Chicken Hens?" Should "roosters" be added to animals defined as "livestock?" Definition of chickens, i.e., the difference between chicken hens and roosters, was pointed out during the appeal for extending a permit for keeping chickens at Hansen Heritage Homestead during 2022. "All animal containment structures must be secure and in good repair." Fairly subjective. Who will be policing these requirements? "A maximum of twelve (12) chickens may be kept on lots with a permitted principal structure." Add "hens" to "chickens"; perhaps reference where in the Code "permitted principal structure" is defined to assist the public; and, identify whether it would be the Animal Control Officer or Building Official who would be approving the structure. Happy to see setbacks included, but concerned with the statement "and twenty-five feet (25') from residential dwellings on neighboring lots." Should a statement be included that requires a setback of containment structures from neighboring property lines/fences? Also, who will be inspecting/monitoring where and if containment structures have been placed according to Code? Page 58 Mayor and Council Member Planning & Zoning Commission Members January 19, 2023 Page 2 (h)(S) --"All shelters or containment structures must be constructed of durable weather-resistant materials, secured, and kept in good repair." Who will be policing whether these requirements are followed? If it is to be the Chief Animal Control Officer or Building Official, then include that information. (h)(7) --"Chicken hens may not be kept in such a manner as to constitute a public nuisance as defined by Kenai Municipal Code." Should where in the Code public nuisance is defined be added? Who decides if a public nuisance is taking place? Add as (h)(9) --No keeping of chicken hens, roosters, coops, fences, containment shelters, etc. may be situated on city-owned property without a City-approved permit (which could require a survey taken to identify property corners and whether any of the above are trespassing on city-owned property). (This was an issue raised during the Hansen Homestead appeal.) During the Hansen appeal, it was apparent follow-up was lacking as to the permitted number of chickens (six (6) were permitted on the Hansen property and I believe it was reported approximately 30+ were actually counted by City officials existing on the property). Woodland Subdivision is a fairly highly populated subdivision. Even if half of the properties decide to raise chicken hens, that a huge amount of chicken hens in one area of the city. If passed as it is, for Animal Control to properly police the potential amount of chickened properties in Woodland Subdivision, along with the number of other under 40,000 sq. ft. properties within the city this ordinance will affect, plus responsibilities already assigned, I am not sure if tighter restrictions would be needed. And, whether additional staff will be needed which will affect the City's overall and year-around budget. For someone to say, "I want to raise chicken hens in my backyard" takes on year- around responsibilities and issues. Having livestock affects more than just that property. Not everyone lives in a subdivision within the city to now have livestock living next door. City budgetary issues, property values; neighbors with allergies to livestock; avian flu; predatory animals; errant neighborhood dogs; foul/fowl odors, etc. are factors of concern to evaluate when considering Ordinance No . 3332-2023. T~k~u. _~r , ~J:~~ 609 Maple Drive Kenai, AK 99611 1 Linda Mitchell From:Kristine Schmidt <kristine@kenaialaska.us> Sent:Friday, January 20, 2023 3:49 PM To:Linda Mitchell Subject:Chicken Ordinance 3332-2023: for January 25, 2023 P&Z Commission Meeting CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Planning & Zoning Commissioners: I am opposed to the chicken ordinance, Ordinance No. 3332‐2023, as written. I agree with the three letters in your 1/25/23 meeting packet opposing this ordinance. This ordinance is a major disruption to City of Kenai land use rules, and has the potential to harm our (Kenai residents’) quality of life very greatly. Our family lives in Woodland Subdivision, on a very small lot (less than 1/3 acre). Our lot has 5 lots right next to us, and under this ordinance there could be as many as 60 chickens kept right next to our backyard. Kenai residents went through a divisive process on chickens just a few years ago, and the two chicken ordinances were both failed, even the second one, which had only 2 chickens. Ordinance 3332‐2023 allows 12 chickens — that is a chicken farm, not just “backyard chickens.” There are many many other problems with this ordinance. Just one example: there is a bird flu epidemic across the United States, including Alaska, killing millions of birds, especially wild birds, and much of the infection comes from backyard chickens! Do we really want to destroy the wild bird population in Kenai? I will be sending a second letter detailing the many problems with this ordinance before your 1/25/23 meeting. I am also extremely disappointed with the City’s process for consideration of this ordinance. With no notice to Kenai residents, the ordinance was introduced ONE DAY after the Christmas/New Year’s holidays, in the dead of winter, when many Kenai residents are out of town. It was put on the fast track to be heard and enacted within 2 weeks of introduction. Call me cynical, but this process seems designed to ensure that the public who might oppose the ordinance get as little time and input as possible. Luckily, Councilman Knackstedt convinced the City Council to send it to the Planning & Zoning Commission first. However, there is no work session at either City Council or Planning & Zoning Commission scheduled to consider this ordinance and changes to it. Most if not all major ordinance changes like this one go through at least one work session, which allows the public and Council/Commission members to consider amendments. I request that the Planning & Zoning Commission postpone action on Ordinance 3332‐2023 and schedule a work session on it. Thank you for your consideration of these comments. Kristine Schmidt 513 Ash Avenue Kenai, Alaska 99611 (907) 283‐7373 (work) Page 59CJ From:Rachael Gaedeke To:City Clerk Subject:Public comment regarding chicken rearing in Kenai city limits Date:Sunday, January 22, 2023 6:02:00 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To Whom it May Concern: I’m writing to express my support in allowing the citizens of Kenai to be allowed to keep chickens in their backyards. Keeping a small flock of chickens in your own backyard has many benefits from supplying you with fresh, healthy eggs from well-cared-for animals, to giving you great fertilizer for gardening, to providing lively pets—as well as being part of the drive to local, sustainable food systems. Sustainable food systems have always been a top priority for Alaskans. Now more than ever, we need to be able to count on reliable, nutritious food sources. Eggs laid from healthy chickens provide a much needed kitchen staple. Currently the price of eggs is skyrocketing and many grocery stores have empty shelves where their eggs used to be plentiful. Home-raised hens produce eggs that are fresher, better tasting and often more nutritious than their commercially farmed counterparts. Millions of people keep backyard chickens responsibly. Let our children have the opportunity to understand where food comes from and contribute to its production. Please include this email in public comment for the upcoming meeting. Sincerely, Rachael Gaedeke rgaedeke@gmail.com Page 60CJ Page 61 January 24, 2023 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Commissioners: RE: Ordinance No. 3332-2023 Amending KMC 3.10.070 to Allow a Maximum of Twelve (12) Chickens to Be Kept on Lots Less Than 40,000 Square Feet -Except/or RU, RS-1, RS-2 and TSH Zoning Districts I oppose ordinance No. 3332-2023 as written and ask that the Commission recommend to Council that: (1) this ordinance not be enacted as written; (2) the ordinance be amended to also except the RS Zone from its scope; and (3) the Council otherwise postpone action and refer the ordinance back to the Commission for a public work session or sessions for consideration. My spouse and I purchased our home on Ash A venue in Woodland Subdivision, Kenai, Alaska, in 1985. When we bought our home in 1985, our property in Woodland Subdivision was zoned Suburban Residential (RS). We specifically chose to purchase a home in Woodland Subdivision because there were covenants restricting use to residential and there were the protections of the RS Zone. We raised our daughter there and have lived there for the last thirty-eight (38) years. Land Use Inequity in Suburban Residential Zones. The Suburban Residential Zone is intended to provide for medium density residential development and to prohibit uses which would violate the residential character of the environment. The Suburban Residential Zone includes the RS, RS-I, and RS-2 Zones. Our lot is a sm.all lot, 0.31 acre, which is approximately 13,504 s.f. The majority of lots in Woodland Subdivision, properties zoned RS, are of similar size. Some lots in Inlet View Subdivision, property zoned RS-I, are of slightly larger size, approximately 16,500 s.f., but are still small lots. The RS-2 Zone also has small lots. The raising of chickens will have similar impacts on all of these RS Zones, but only properties in RS Zone are subject to the impacts that will be caused by this ordinance as written. There is no explanation of the policy reason supporting excepting all properties in the RS-I and RS-2 Zones while including all properties in the RS Zone. This is arbitrary. As you know, the City's Land Use Table establishes the land uses in the RS Zone (like the other zones) that are Permitted (P), Conditional (C), Secondary (S), and Not Permitted (N). "Chickens" are defined to be "livestock", and "agriculture" includes "raising livestock." The Land Use Table for RS, RS-I and RS-2 Zones all have a "N" for Not Permitted for "general agriculture." Raising 12 chicken hens in small lots can qualify as "general agriculture " in a small lot, and would violate the residential character of the environment. Page 62 Even if the Commission and the Council deem raising 12 chicken hens on a small lot to be not "general agriculture," this ordinance does not distinguish between raising chickens for personal use and for commercial use. There is at least one tenant in Woodland Subdivision who offers eggs for sale, and chicks for individuals who want to raise chickens, through use of social media. That is a retail business. Retail business and wholesale business are both "N" in RS-I and RS-2, but are a C in RS Zone. But this ordinance does not provide that commercial use is prohibited, nor does it require a conditional use permit or any application at all for any use, or the written consent of the property owner who has leased the property to the tenant who is raising livestock. The ordinance should be amended to add the RS Zone to the exceptions, or to limit the lot sizes to lots greater than 20,000 s.f., while also limiting the maximum number of chicken hens to six (6) hens. Other issues. There are many other issues not addressed in this ordinance, such as: Nothing limits containment areas to back yards; Nothing about setbacks from streams and other waters; Free range within a fence is allowed, since enclosed shelters such as coops are optional; Nothing specific about standards for the dimensions, materials, and appearance of a "containment structure" such as a coop, or for protections against bears and other predators; Nothing requiring the containment area to be kept clean and sanitary, and nothing about removal of waste or other issues regarding odor; Nothing about enforcement and resources for enforcement. Thank you for your consideration. Jeremy & Bridget Grieme PO Box 2066 Kenai, AK 99611 bhgrieme@gmail.com January 24, 2023 City of Kenai Planning & Zoning Members and Kenai City Council Members To Whom It May Concern: We are writing to express our support for City Ordinance No. 3332-2023a to allow residents on properties less than 40,000 square feet in size to own up to twelve laying hens to address food security issues. The cost of a dozen eggs has increased sixty-percent in the last few months. This is on top of consistent and drastic rising food costs over the last three years. At last check, a dozen fresh local eggs was selling for $10. Eggs are not isolated in these drastic increases. Allowing residents to keep up to twelve hens on their property to provide eggs for their family would help alleviate the financial burden that rising food costs have on Kenai residents. Chickens require a small amount of space to be healthy and happy. Three square feet per chicken is recommended by Rural Living Today. That means that a thirty-six square foot coop could easily accommodate up to twelve chickens. That equates to a relatively small (6’x6’) coop, which is smaller than most backyard sheds in Kenai neighborhoods. Chickens, unlike dogs and other animals, do not need to be outside and have room to roam – and actually are quite content to not be outside in the winter months. To this end, giving residents the option to keep up to twelve laying hens will not create an eye sore, or reduce the aesthetic appearance of our neighborhoods and homes. Some may raise concerns about the potential noise nuisance that chickens could create in residential neighborhoods. People, such as myself, who choose to live in residential neighborhoods accept the noise that comes with living in close proximity to others. These sources of noise are often dogs, loud vehicles, and even children. A dozen laying hens would not create additional noise pollution or raise it to an unbearable level. Not unlike homeowners who have multiple dogs, it would be chicken owners’ responsibility to be considerate of others and be sure their pets are not interfering with the quality of life for their neighbors. Homeowners who have pets have to perform “poop patrol” to clean up after their pets in their yards. Similarly, chicken owners would clean up after their chickens. Spring time in Alaska is an odorific experience – with or without chickens. I feel confident that home owners can and will do this in a responsible and appropriate way, no different than other pet owners. Alaskans pride themselves on being self-sufficient and providing for themselves and their families. How many members of the council or committee have proudly announced to Page 63CJ friends and family that they harvested a moose or filled the freezer with salmon to feed their family all winter. Eggs are no different, and allowing up to twelve hens reinforces the Alaskan way of life that we are proud of and what sets us apart from other parts of the country. Amending the current ordinance to allow up to twelve laying hens for residents of Kenai would be beneficial for families to provide for themselves and to share with their neighbors. Being an Alaskan is also about never knowing a stranger. Through this amendment, chicken owners will have the opportunity to share eggs with others who are also struggling to make ends meet due to the current economic climate we are experiencing. Mr. Douthit’s proposed amendment is fair, reasonable, and attainable. It is a small change in policy that has the potential to make a huge change for residents. For these reasons, and those outlined above, I urge you to pass this ordinance. Respectfully, Jeremy & Bridget Grieme Page 64CJ Page 65 Planning & Zoning Commission City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 January 24, 2023 Chicken Ordinance No . 3332-2023 Dear Commissioners: I do not support Ordinance 3332-2023, which would allow keeping of 12 chickens in RS (Suburban Residential) zones with very little regulation of this practice to protect the neighbors. Currently, chickens are not allowed on property in RS zones. For some reason, the ordinance singles out RS zones to allow chickens, while keeping a no chicken rule in RU, RS-1 , RS-2 and TSH zones, with no explanation. Also, the RS zone cutrnntly does not permit agriculture such as chicken raising without a conditional use permit, in the Land Use Table.1 My neighborhood, Woodland Subdivision, is zoned RS. My family has lived in the subdivision since 1985. Our subdivision consists of small lots of one-quarter to one-third acre. Allowing large flocks oflUu·egulated chickens would be a nuisance --noise, odor, unsightly sheds and pens --and disturb the quality of life in our neighborhood. There is little to nothing in the ordinance to address these concerns. Just take a look at the photo in your packet (page 38) of what one Woodland Subdivision owner gets to look at out their side window, and ask yourself if this is what you would want to see on five sides around you. 2 Here is a partial list of reasons why you should give this ordinance a "no" recommendation if you have to vote on it Wednesday 1/25/2023. It would be better if you had a work session on the ordinance, to bring out all the issues with it, and address them. 1. The Planning Commission and City Council Voted Down Chicken Ordinances in 2013 and 2015, and Nothing Has Changed. The Planning Commission (6-0) and the Kenai City Council (4-3) voted down a similar unregulated 12-chicken ordinance in 2013, even when the ordinance sponsor agreed to reduce the number of chickens to 6 . The City Council also voted down a similar ordinance two years later, in 2015.3 Nothing has changed since 2013 and 2015 that would make this chicken ordinance any more acceptable. The Commission really needs to review what happened in 2013 and 2015, and the reasons why these ordinances failed. 1 The ordinance does not address the conflict with the land use table. 2 Woodland Subdivision lots are staggered, so there could be five lots with chickens around a lot such as our lot, for a total of 60 chickens. See attached photo; our lot has yellow borders. 3 See, "Kenai Chicken Ordinance Fails Again," Peninsula Clarion 11/6/2015. Page 66 2. Chickens Are A Nuisance And Ordinance 3332-2023 Does Nothing To Reduce Or Prevent the Nuisance . There is nothing in the ordinance that reduces or prevents the well known nuisances of barnyard animals, such as noise, odor, open waste, close proximity to residences, and attractiveness to dangerous predators such as bears. The setbacks are not sufficient. The ordinance merely recites that chicken keeping should not be a public nuisance (undefined). That is not enough. 3. Ordinance 3332-2023 Is Discriminatory, In Ways That Do Not Make Sense. For some unexplained reason, this ordinance singles out the RS zone to allow chickens, but excepts the RU, RS-1, RS-2 and TSH zones -why? The ordinance does not distinguish between large lots in the RS zone, where keeping chickens might be less burdensome on the neighbors, and small lots such as those in Woodland Subdivision -why not? Traditionally the City of Kenai has recognized that there can be more negative impacts on high density subdivisions versus lower density subdivisions in land use decisions -why is this not a consideration in this ordinance?4 The Animal Control Code, Title 3, has substantial regulations on keeping more than 3 dogs, or keeping bees, but few regulations on keeping chickens, which doesn't make sense. I can't see how bees in the summer are more of a problem than having up to 60 chickens living around you, year round. 4. The Price Or Scarcity of Eggs Are Red Herrings . You will no doubt hear that the price or scarcity of eggs are factors in favor of the ordinance. However, the reason for the increase in price or scarcity of eggs involves several factors, all of which are temporary, such as the bird flu pandemic (spread by backyard chickens), and egg farmers holding back product because retailers won't pay the prices they want. These temporary issues will resolve in a short period of time, but the ordinance, if passed, could have a very negative effect on people owning homes in Kenai, over the long term. S. Th e O rd in a n c e Ha s I n s u ff i c i en t Protection For Homeowners/Neighborhoods . This ordinance has little to no regulation to protect adjacent homeowners or neighborhoods from the negative effects of chickens. Even Wasilla, Alaska has chicken keeping regulations that provide some protections, including requiring administrative approval or permits . Some examples of regulations that should be in the ordinance: (a) Prohibit keeping chickens in front yards (allowed under Ord. 332-2023); (b) Require licenses, like dogs ( cmTently required in the Animal Code); (c) Require that the chickens be kept for personal use only, and that the chicken farming can't be spread over multiple lots; (d) Require the homeowner's written consent for tenants keeping chickens; ( e) Regulate the location, number and materials of pens or sheds to reduce nuisances such as noise, odor, waste and unsightliness; (f) Stiff fines for roosters, because of course chicken farmers will keep them too. 4 See, "Kenai Chicken Ordinance Fails Again," Peninsula Clarion 11/6/2015. -2- Page 67 Also, the ordinance is written to be self-enforcing, or complaint-driven. That won't work, especially when you are allowing 3,000+ mor lots to have chicken farms, but no more funding for enforcement. The days when most people recognized a responsibility to be good citizens and obey municipal laws and regulations are over. Now people do what they want until they are caught. That is why permits should be required; so that the Animal Control Office has a handle on where potential problems may arise. 6. The Ordinance Does Not Protect Public Safety. In 2013, Larry Lewis from the Alaska Department of Fish and Gan1e testified that backyard chickens were bear attractants. Brett Reid, Kenai Animal Control officer, testified that backyard chickens caused bear and other problems . There is nothing different now. Now there is also a bird flu epidemic worldwide, that is killing millions of birds , especially wild birds. Backyard chickens are a major reason for the spread of bird flu. Many Kenai residents enjoy the wild birds that live here, and Kenai is known throughout Alaska and Outside for its wild birding -we even built a platform on the Kenai River F lats for better birding. It doesn't make sense to risk more bird flu infection by opening up 3,000+ more Kenai lots to infection. These are just a few reasons why Ordinance 3332-2023 is a bad fit for Kenai as written. Please vote "no" on this ordinance. Sincerely, Kristine A. Schmidt 513 Ash A venue Kenai, Alaska 99611 (907) 283-7373 -3 - Page 69 Ke nai chi cken ordin ance fa ils aga in I Penin sul a Cla rion News Sports O utdoo rs and Recreation htt ps ://,v,v,v.p enin sul acl ari on.com/news/kenai-chi cken-ordi CJ. Opinio n Life Arts and Entertainment Jo bs O bituarie Marketpl ace Kenai chicken ordinance fails • again By Ben Boettger Friday, Novemb er 6, 2015 6:07p m I NEWS KE NAI Kenai city council members Terry Bookey and Ryan Marquis introduced an ordinance allowing up to twelve hens to be kept on Kenai residential properties under 40,000 square feet -an activity that currently violates city code. At Wednesday's council meeting, the council voted down the ordinance 4 -3. A simila r chicken ordinance, introduced by then-member Mike Boyle, failed in 2013. Marquis, who declined to run in the recent election and will soon leave the council after two terms, said that voting against the 2013 chicken ordinance was one of his few regrets. "At that time, my primary reason for voting against it was bears being attracted to residential areas because of the chickens," Marquis said. "Since then, I've spent a lot of time walking through residential neighborhoods, and I realize how many people have chickens within the city -I'm assuming illegally -and I haven't heard much about any increased bear activity within the city." Mayor Pat Porter was the first to oppose the ordinance. 11 1 live within 15 feet of my neighbor," Porter said. "The subdivision I live in is really tight quarters, and I cannot imagine having to live next door to chickens. Particularly where they don't have to be fenced off wher e I can't see them, or they can get loose." Asked about bear activity by Porter, Kenai Police Chief Gus Sandahl said that bear repor ts in Kenai have been 11 significantly lower in the past two summers." When Po r ter asked again at a later po int, Sandahl said bear encounters in Kenai have been "minimal." "Maybe it's because we don't have any chickens," Porter said. Chickens can be legally kept in Kenai -on lots greater than 40,000 square feet, or if the owner applies for and receives a conditional use permit from the Planning and Zoning Commission. Kenai City Manager Rick Koch said no chicken per m its had been applied for in his nine years as City Manager. Council membe r Henry Knackstedt is a legal Kenai chicken owner -he said h e keeps about 30 egg-laying hens on about 30 acres. 1'I really haven't had any problems with bears ... " Knackstedt said . 11 1 haven't had any problems with my neighbors because of the size of the lot. The zoning wo rks, because Pm greater t han 40,000 square feet." I of 3 ADVERT ISEMENT l/23/23, 4:40 P M Page 70 Kenai chicken ordinance fails again I Peninsu la Clarion https://www.peninsulaclarion.com/ncws/kenai-chicken-ordilj. Knackstedt said he "spent a lot of time" with the 2013 chicken ordinance as L___J a then-member of the Planning and Zoning commission . According to previous Clarion reporting, the 2013 chicken ordinance was debated by the city council and Planning and Zoning for 7 months . "If ies done right, I don't think anyone would have a problem with (hen- keeping),,, Knackstedt said. « And I think there are people who should have conditional use permits, but don 1 t. It goes on just fine, just like a lot of other things. But when I look at this, it looks like it has Planning and Zoning written all over it... the way it should be managed, supervised. I think neighbors should have a say if they don't want to have chickens next door. I'm conflicted because I think it can be done, but not the way it's written at this point.,, Knackstedt encouraged Marquis and Bookey to send the ordinance to the Planning and Zoning commission, pointing out that «it's a different planning and zoning than we had a few years ago." Council member Tim Navarre said he opposed allowing hen-keeping, not because of bears but because of «health issues that come with chickens." Council member Brian Gabriel said the present permit allowance was sufficient to allow hen-keeping where appropriate. "The fact is that when you get into smaller lot sizes, you run into issues that aren't really relevant to larger lot sizes,>' Gabriel said. «such as proximity to your neighbors. Your neighbors might have dogs on several sides of your chicken coop. The effect on them could be pretty dramatic ... I don't have an objection to chickens, but the idea of having neighbors weigh in on the effects it might have on them in high-density neighborhoods, there's a value to that I don't think we should overlook." Bookey responded to Gabriel. "To address the dogs, I think that's more an issue of property-owners having dogs and not controlling them," Bookey said. "I understand the reasoning and the need for zoning and planning and things like that. But when we continually reference 'your neighbors should have a say in what you do on your property, 1 I think that's true to some extent. But in many, many cases we're putting more value on what the neighbors think I should do on the parcel of land that I own than what I think I should do on the parcel of land that I own." Council members Gabriel, Knackstedt, Navarre, and Mayor Porter voted against chicken legalization. Reach Ben Boettger at ben .boettger@peninsulaclarion.com 2of3 1/23/23,4:40 PM 1 Linda Mitchell From:Deni Oren <mrsoren23@gmail.com> Sent:Tuesday, January 24, 2023 6:19 PM To:City of Kenai Planning Department Subject:Ordinance No. 3332-2023a CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To whom it may concern, Good evening, I am writing to express my support in favor of City of Kenai’s Ordinance No. 3332-2023a; in regards to allowing residents on properties less than 40k square feet in size to own up to 12 laying hens. As a City of Kenai resident I think this is a great idea to help offset some of the food supply issues and food insecurities my fellow neighbors and myself are starting to face in regards to inflation and supply chain issues lately. I do understand the concerns of some when it relates to how the city will pass this in a manner that doesn’t create neighborhood nuisances. But as homeowners, I think this can be done in a responsible and appropriate way just as we are expected to do with any of our pets. I think passing this ordinance would be so beneficial for local residents, not only for just each individual property/homeowner, but as well as for our neighbors who may benefit from receiving or purchasing fresh local eggs when our local stores are depleted. With rising costs of food, lack of food on shelves, it would be a world of difference to be able to offset some of these worries by having a more sustainable way to provide food for our families. I have read through the expectations listed and I find them to be very fair, and do believe it would help to reduce any issues in regards to having the hens. I also believe the allowance of up to 12 hens is perfect for a majority of the properties in the City of Kenai. Thank you for your time and I hope that the City of Kenai takes my support into consideration. Respectfully, Mr. & Mrs. Oren Page 71 From:Nathan Smith To:City Clerk Subject:Ordinance No. 3332-2023 Date:Wednesday, January 25, 2023 1:37:48 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Afternoon, I send you this due to the email address posted( city_council@kenai.city)to send any support or concern continues to reject mine and my wife’s email in support of this email. It comes up with a 550 code which is due to a spam blocker the city uses. This is concerning of itself as how many people attempt to have their voices heard but are met with this Code when attempting to email city council. It would be foolish to not pass this ordinance and allow the citizens of kenai to raise Chickens. This could help provide food to low income families as well as teach children a valuable skill of raising and harvesting their own food. I encourage the council to pass this ordnance and look forward to being allowed to raise my own chickens within city limits. Thank you, Nathan Smith Page 72CJ From:Amanda Smith To:City Clerk Subject:Comment for Ordinance No. 3332-2023 Date:Wednesday, January 25, 2023 2:56:13 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Afternoon, As a resident who would be directly impacted by the proposed amendment of Kenai Municipal Code Section 3.10.070, I am writing to express my support. Removing barriers to individual food security and self-reliance only serves to improve the lives of residents of the City of Kenai. When individuals are able to provide for themselves, their family, and friends, the entire community becomes more economically resilient. This is always important, but has become especially critical during the economic crises that have continued to impact various sectors since the start of Covid-19. With no end in sight for the current economic downturn, I implore you to allow Kenai residents the freedom to feed their families. Sincerely, Amanda Smith Page 73CJ Page 1 of 3 January 26, 2023 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 City Council, and Mayor Gabriel, Subject: Opposition to Ordinance No. 3332-2023 Allowing for Chickens to be Kept on Lots Less Than 40,000 s.f. I urge the city council to NOT support Ordinance No. 3332-2023. I am opposed to Ordinance No. 3332-2023 which would allow chickens to be kept on lots less than 40,000 s.f. in a densely populated residential zone. I live in a residential neighborhood that is zoned RS (Woodland Subdivision, Part 4). I would like the city council to continue to preserve the character and integrity of our residential neighborhoods. Allowing chickens to be kept in a residential neighborhood like the Woodland Subdivision would cause great angst among neighbors. When I bought my house in 1988 I deliberately chose a lot in a residential neighborhood because I didn’t want to live next to farm animals, a pack of sled dogs, a gravel pit, or other disruptive nuisances and I certainly didn’t want to live next door to where chickens could be slaughtered. If I wanted to live in an area with less regulations, I could have bought property outside city limits as there is plenty of lots to pick from. I enjoy the amenities that the City of Kenai has to offer and I don’t want to see the character and integrity our residential neighborhoods compromised. In a memorandum from Council Member Alex Douthit, dated December 29, 2022 two reasons were given for the proposed code changes: 1) Provide a supply of fresh eggs, and 2) Promote food security. I have never had a problem with buying fresh eggs from the local grocery stores, until recently, but the current egg shortage in all likelihood is just temporary. As for food security we first need to understand what it is. One definition of food security is this: “The state of having reliable access to a sufficient quantity of affordable, nutritious food.” By that definition I don’t see a problem in our community. We have four grocery stores in the City of Kenai which seem to provide reliable access to a sufficient quantity of food. If the City of Kenai wants to address food security then maybe it would be better to establish a Food Security Task Force to recommend the best ways to address it. It seems that there are better ways to address this issue without compromising the integrity of our peaceful residential neighborhoods. One way to address food security without impacting one’s neighbors is to grow a garden. To bring further clarity to this issue we need to ask the right question. If you ask the question: Do you want fresh eggs and food security then the answer is yes. But if you ask the question: Are the proposed changes to the city code appropriate for lots less than 40,000 s.f. in a residential zone (RS zone) then the answer is No. The second Whereas in Ordinance 3332-2023 is also misleading. It states that residents have expressed an interest in keeping chickens hens on lots less than forty thousand (40,000) square feet for personal use. While this statement may be technically true it’s really just a few residents that have expressed this interest. There is no massive demand by the residents to raise chickens in residential neighborhoods. This ordinance aims to satisfy the interest of a few residents at the expense of all others. This ordinance reeks of an agenda to be satisfied and appears to be retaliatory in nature due to the last incident involving chickens kept on a residential lot when neighbors expressed opposition to a Livestock Permit for Chickens (Case No. BA-22-01, Board of Adjustment Hearing of June 20, 2022). Page 74CJ Page 2 of 3 The sponsor of this ordinance has clearly demonstrated that he does not know how to balance the interests of residents in the Kenai community. The agenda that is driving this ordinance is simply bias. Ordinance No. 3332-2023, as written, is not a balanced proposal Currently the city code allows for chickens to be raised on 28% of the city’s lots but if this ordinance passes, then it would allow for chickens to be raised on 96% of the city’s lots. This would create a complete imbalance for those who want chickens in their residential neighborhood and those who don’t. Facts and Figures Total number of Kenai city lots is 4,895 Current number of lots allowed to raise chickens is 1,384 (28%) The proposed ordinance would allow an additional 3,307 (68%) lots for raising chickens The result of the proposed ordinance would allow a total of 4,691 (96%) lots for raising chickens These facts and figures can be verified with City Planning Director, Linda Mitchell Inequity Among Subdivisions The Inlet View Subdivision (Rogers Road area) is zoned RS1 and does not allow for raising chickens. But I live in the Woodland Subdivision, Part 4 which is zoned RS and this ordinance would allow for the raising of chickens. However, these two subdivisions have similar profiles (lot sizes, densely populated, street widths, etc.) but yet they are treated differently when it comes to raising chickens. The lot sizes in both of these subdivisions are too small to provide adequate buffers or practical setbacks to protect adjacent neighbors from nuisance activities. The proposed ordinance, as written, would create further inequity among subdivisions with similar profiles. (To create equity among similar subdivisions, see Alternative 1 and 2 below) Reasons not to change the code: 1) The current code already allows for the raising of chickens on and is adequate. 2) There are plenty of parcels outside city limits to raise chickens. 3) The city has no practical way to monitor properties for compliance. A complaint-driven system only pits neighbor against neighbor. This type of system only invites conflict and angst among neighbors. 4) Setback requirement are based on the property lines, which means that the city would need to hire a surveyor before it could determine compliance. This would be cost-prohibitive for the city or any property owner to do. 5) Ordinance No. 3332-2023 is not a balanced proposal. It only considers the will of those who want to raise chickens in a residential area. 6) Ordinance No. 3332-2023 creates a situation where the raising of chickens it is likely to be a breeding place for flies, mosquitoes, vermin, or disease. See KMC 12.10.010 (L) 7) Ordinance No. 3332-2023 invites the potential for more nuisance in our residential neighborhoods. 8) Ordinance No. 3332-2023 would change the character and integrity of our residential neighborhoods that are currently zoned RS. 9) Ordinance No. 3332-2023 creates a situation of competing interest among neighbors, inviting angst and conflict in our neighborhoods. 10) Ordinance No. 3332-2023 invites the potential to attract predators and rodents into our residential neighborhoods. 11) Ordinance No. 3332-2023 invites the potential to attract domestic cats and dogs to prey on neighborhood chickens causing more conflict among neighbors. 12) Ordinance No. 3332-2023 will circumvent the conditional use process. The conditional use process helps to decide if a particular parcel has merit for raising chickens. The proposed ordinance is a blanket proposal which would allow chickens to be raised on almost any lot without consideration. Page 75CJ Page 3 of 3 City of Soldotna The City of Soldotna prohibits the raising of chickens in all residential zones that are less than 1½ acres. City of Soldotna Municipal Code 17.10.365 – Animals: “In the Single, Single-Family/Two-Family and Multi-Family Residential Districts and on properties in the Rural Residential District 1½ acres or less in size, the keeping of farm or wild animals shall be prohibited…” I urge the Kenai City Council to NOT support Ordinance No. 3332-2023 as written and consider some compromise between those who want chickens in their residential neighborhood and those who don’t. I ask the City Council to consider some alternatives. Alternative 1: Amend the proposed ordinance as follows: Prohibit the raising of chickens in Parts 2, 3, and 4 of the Woodland Subdivision. This would be a more balanced proposal and preserve the character and integrity of our neighborhoods. Parts 2, 3, and 4 have a profile that is on par with the Inlet View Subdivision (Rogers Road area) which is zoned RS1 and prohibits the raising of chickens. (See Exhibit A, attached) Alternative 2: It would make more sense to amend the proposed ordinance to prohibit the raising of chickens in RS Zones (Suburban Residential) by inserting the RS Zone into the language below. Also striking the RU Zone from the language below will allow for the raising of chickens in the RU Zones (Rural Residential) as follows: Please amend Section 1, part (b) to read as follows: (b) No livestock shall be allowed in the RS, RU, RS1, RS2 or TSH zones. Please amend Section 1, part (h) to read as follows: (h) The keeping of chickens hens on lots less than 40,000 square feet is allowed, except in the RS, RU, RS1, RS2 and TSH zoning districts, subject to the following standards: Including the RS zone into Section 1, part (b) and part (h) above will help to preserve the character and integrity of our residential neighborhoods and removing the RU zone above allows for those who want to raise chickens in a rural residential area. Alternative 3: Amend the proposed ordinance as follows: Add language that would establish a minimum lot size of 20,000 s.f. to raise chickens. Lots that are 20,000 s.f. will be large enough to sustain more impactful activities while buffering neighboring properties. Such lots are large enough to provide natural buffers and practical setbacks to protect neighboring properties from impactful activities. Any of the above alternatives would seem to be a reasonable balance between those who want chickens in their densely populated residential neighborhood and those who don’t. If no compromise can be made then I urge the city council to NOT support Ordinance No. 3332-2023. Sincerely, Daniel A. Conetta Page 76 Page 77 ex: Q I-v, l&I « .o II. z Flflli AVE LARCH AVE .. gr------0;.;A;,;;K~A.;.:V:.:E;...... ___ J a: ii: a: 0 m a: :::, c( _, EXHIBIT A 0 This map ,s a user gene ra ted static output from an Internet mapping site and is for reference only. Data layers tha t appear on this map may or may not Legend • Mileposts Highways Major Roads Roads Town Medium Volume Town Low/Seasonal; Other Proposed Parcels WOODLAND SUB be accurate, current, or otherwise re liable . It is not to be used for navigat ion Notes DATE PRINTED : 1/25/2023 Page 78 Janua1y 26, 2023 Kenai City Council City of Kenai 210 Fidalgo A venue Kenai, Alaska 99611 Opposition To Chicken Ordinance No. 3332-2023 Dear Council Members: Please vote NO on Ordinance No. 3332-2023 as written. It will be harmful to my small lot (high density) subdivision neighborhood, and has many problems which were brought up during the January 25, 2023 Planning & Zoning Com.mission meeting last night.1 A majority of Commissioners were going to vote against the ordinance because of the problems with it, but then they were convinced by the City Attorney and City Planner to vote for it, on condition that there be a Council/Commission work session, and an amendment for backyard chickens only. Please honor these requests of the Commission: postpone action on the ordinance, hold a work session with the Commission, and adopt amendments to protect homeowners. Last night's Com.mission meeting proved that this ordinance affects 96% of City lots. There is no reason to rush this problematic ordinance through. Dan Canetta made an important point (in his letter and testimony last night): let's have some balance between protecting the quality of life in high density residential subdivisions, and allowing incompatible uses like barnyard animals. At the Commission meeting last night, the only people who testified in favor of the ordinance were renters, and a woman who lives in the RR zone. 2 All except one of those who wrote to the Commission in favor of the ordinance were renters. There hasn't been a stampede of actual homeowners in the RS zone advocating for this ordinance, while several actual homeowners who would be adversely affected have written and testified against the ordinance as written. We Kenai homeowners who live here, located our businesses here, and paid property and sales taxes for decades deserve more consideration than renters, most of whom will be here a short time, and have nothing at stake like a home. I put together a list of problems and potential solutions discussed last night for your information; see next page. I am also providing the Wasilla ordinance. Thank you for considering my comments and materials. Kristine A. Schmidt 513 Ash A venue ,Kenai, Alaska 99611 (907) 283-7373 1 My letters to the Planning & Zoning Commission have details of some problems. 2 I am assuming that people who didn't provide physical addresses or telephone numbers in their letters and emails are renters; as they aren't listed in the Borough property owner database. Page 79 ORDINANCE 3332-2023 • Problem: The ordinance allows lots in the RS (Suburban Residential) zone to have 12 chickens, but exempts RS-1 and RS-2 zones, even though the size and density of lots , and land uses in the three zones are very similar. No property owner living in an RS zone testified or wrote in favor of this before the Commission last night. --Solutions: Exempt the RS zone from the ordinance, but leave in the rural residential (RR) zone; or reduce incompatible uses by limiting lo t sizes to 20,000+ s.f. or limiting number of chickens: for example, no more than 4. • Problem: The ordinance allows chickens to be kept in front yards, which would destroy the residential character of a neighborhood. --Solution: Restrict chickens to the back yard, defined according the City Planner as the area behind the primary residence. • Problem: The ordinance does not state that k eping chickens is for personal use only, not commercial use, although that is supposedly the intent. We are supposed to figure this out by referring to itle 14, the Zoning Code. This is confusing. --Solution: Add specific language that restricts chickens to "personal use only." • Problem: he ordinance does not require an application/license to have chickens, however, City Code does require a license to have a dog. This makes no sense; licensing is simple, easy and would give Animal Control information about where problems could arise. --Solution: add "chicken hens" to KMC 3.20 (requiring dog licenses). • Problem: The ordinance appears to allow free range within an existing fenced yard, but then has setbacks for "enclosed shelters" or "containment structures, which are optional. There are no standards for "enclosed shelters" or "containment structures" such as location, materials, dimensions, appearance, protection against bears and other predators. --Solutions: Require containment within the setbacks, add standards for shelters and structures to avoid eyesores. • Problem: The ordinance does not require proof of homeowner consent; the homeowner may have no idea that their renter is keeping chickens. --Solution: Require written homeowner consent for application/license. 3 Even Wasilla, Alaska requires some kind of permit for keeping chickens. See Wasilla ordinance attached. -2 - Page 80 Code Ordinance By: Planning Introduced: March 12 2018 Public Hearing: April 9 2018 Amended: April 9 2018 Adopted: April 9,2018 Yes: Dryden, Graham Harvey, Ledford O'Barr o: None Absent: Burney City of Wasilla Ordinance Serial No. 18-12 (AM) An Ordinance Of The Wasilla City Council Amending Wasilla Municipal Code Section 16.04.070, Definitions, To Add Def'mitions For "Beehives", "Exotic Animal", "Pet Animal", "Poultry", And "Wild Animal"; Amending Section 16.04.070, Definitions, To Revise The Defmitions For "Agriculture", "Animal Husbandry", And "Farm Animal"; Amending Section 16.16.060, Specific Approval Criteria, To Revise The Criteria That Regulates Farm Animals, Poultry, And Beehives; Amending Section 16.20.020, District Use Chart, To Identify The Appropriate Zoning Districts And Permit Types For Beehives, Exotic Animals Poultr And Wild Animals· And Other Minor Revisions. Section 1. Classification. This ordinance is of a general and permanent nature and shall become part of the city code. Section 2. Amendment of section. WMC 16.04 .070 , Definitions, is hereby amended to read as follows: "Agriculture" i a use involving the commercial growing of vegetation or the raising, controlled breeding, management, or keeping of beehives, farm animals, or poultry. Animals may be bred and raised for utility (e.g. meat, milk, eggs, fur), sport, pleasure, or research. "Animal husbandry" means a use involving the keeping of one or more farm animals. "Beehive" means a man-made housing structure for the keeping of bee colonies and production of honey. City of Wasilla Page 1 of 11 Bold & Underline, added. Strikethrough, deleted Ordinance Serial No . 1 8-12 (AM) Page 81 ''Exotic animal" means any animal not otherwise identified in the definitions provided in this section that is native to a foreign country or of foreign origin or character, or was introduced from abroad and is not native to the state of Alaska. This term specifically includes animals such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, alligators, and water buffalo, and species of foreign domestic cattle, such as Ankole, Gayal, and Yak and any animals regulated bv the State of Alaska Department of Fish and Game. Exotic animals that are typically kept as indoor pets are exempt from this definition. "Fann animal" means an aeeessory ttse iAvolviag a single animal v,ith an adult weight over Pn'O lnmdred fifty (250) pouRds us1:1ally assoeia-ted vrith agrieulture; or any eoffi0iRatioe totaliRg ten ( l 0) poultry or rabbits, three sheep or three goa-ts or other small animals; aut Rot iaeluding domestic dogs and ca-ts. Other animals including the orders Felidae (eats) and Ursidae (bears) which, in the opinioa of the planner may pose a threat to human safety are not a farm animal any domestic species of cattle, sheep, swine, goat, horse, mule, donkey, llama, and alpaca, which are normally and have historically been kept and raised on farms in the United States and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency. This term also includes animals such as rabbits, mink, and chinchilla, when they are used solely for purposes of meat or fur. ''Pet animal" means any animal that has commonly been kept as a pet in family households in the United States, such as, but not limited to, dogs, City of Wasilla Page 2 of 11 Bold & Underline. added. StriketlwougJ:i, deleted Ordinance Serial No. 18-12 (AM) Page 82 cats, guinea pigs, rabbits, and hamsters. This term excludes farm, exotic, and wild animals as defined in this section. "PouJtry" means chickens, doves, ducks, geese, grouse, ptarmigan, pigeons, quail, swans, guinea fowl, peacocks, and turkeys. "Wild animal" means anv animal which is now or historically has been found in the wild, or in the wild state, within the boundaries of the United States, its territories, or possessions. This term includes, but is not limited to, animals such as: Moose, caribou, elk, mink, Dall sheep, deer, bear, coyote, squirrel, fox, and wolf. Also included are any animals regulated by the State of Alaska Department of Fish and Game. Section 3. Amendment of subsection. WMC 16.16.060(E), within Specific approval criteria is hereby amended to read as follows: E. Farm Animals, Poultrv, and Beehives. Farm animals are allowed as an aeeessory use to agriculture ifl the industrial :t:one. In the rural residential and single family residential fl¼fffl animal(s) may be allov,ed as described in the follo'\Ying. Farm animals, poultry, and beehives are allowed as indicated in the District Use Chart in Section 16.20.020(A), as an accessory use subject to the standards below. The uses identified in this section are not subject to the provisions in Title 7. The keeping of these uses consistent with the terms of this Title does not in and of itself constitute a nuisance or a disturbance. A residential use in the RR , R 1 or R2 distriet with a total lot area of forty thousand (40,000) square feet or more may include the keeping of one farm animal as an accessory use, provided that a suitable fence is provided City of Wasilla Page 3 of 11 Bold & Underline, added. Strikethrouga deleted Ordinance Serial No. 18-12 (AM) Page 83 and no stable or building used fer fann animals may be closer than twenty five (25) feet from any mcterior lot line. Two farm animals may be kept provided that a site plan is approved by the planner. ~ A residential use in the RR, Rl or R2 district may include the keeping of three or more fann animals if all of the above is met and the total lot area is eighty thousand (80,000) square feet or more. ~ Up to three dogs are allov1ed per residence. Keeping of more than three dogs more than four months of age is a kennel (see keflflet iR use chart). +. No more than four hives per ten thousand (10 000) square feet of lot area shall be allowed and bee colonies shall be managed in such a mEl:Bfler that their flight path to and from the hive will not bring them into contact with people on adjacent property. To accomplish this, the colonies shall: tr. Be at least t\venty five (25) feet from any exterior lot line not in common o•.vnership and be oriented with entrances facing away from adjacent property; or b-: Be placed behind a fence at least six feet in height and extending at least ten (10) feet beyond the hive in both directions. !: Farm animals. The keeping of farm animals is subject to the following standards: Farm animals are prohibited on lots with a total lot area of less than 40,000 square feet; City of Wasilla Page 4 of 11 Bold & Underline, added. Strikethrough deleted Ordinance Serial o. 18-12 (AM) Page 84 b. A suitable fence must be provided to safely contain the farm animal(s); Stables or buildings used as shelter or storage of food for farm animals must be a minimum of 25 feet from any exterior lot d. All fenced areas, pens, enclosures, stables, shelters, or other similar buildings or uses for a farm animal must be a minimum of 75 feet from the high-water mark of anv water course or body of water, excluding man-made ponds on private property; e. AJJ facilities shall be kept in good repail·, maintained in a clean and sanitary condition, and be free of vermin, obnoxious smells and substances, to the greatest extent feasible. The facilities may not create a nuisance or disturb neighboring residents due to excessive noise, odor, damage, or threats to public health. No storage of manure or other waste materials shall be permitted within SO feet of any exterior lot f:. On lots with a minimum lot area of 40,000 square feet or more in the RR, Rl, or R2 zoning districts, the following farm animals are allowed. Additional farm animals in the quantities indicated below may be allowed for each additional 20,000 square feet of lot area: 1. One farm animal (with an adult weight of 250 pounds or greater); or B o ld & Und e rlin e, added. St rikethro ugh d e leted City of Was il la Page 5 of 11 Ordi nance Serial No. 18 -12 (AM) Page 85 ii. Ten or fewer rabbits or similarly sized farm animals; or iii. TbJ:ee or fewer animals with an adult weight less than 250 pounds. In the Industrial zoning district, farm animals are only allowed as an accessory use to a primarv industrial use; and h. If the applicant does not own the property, written proof of the owner's consent must be submitted with the application. Poultrv. The keeping of poultry is allowed as an accessory use to a residential dwelling and must meet the following standards: !.:. Excessivelv noisy poultry including, but not limited to, roosters, turkeys, guinea fowl, peacocks, or geese are prohibited unless the total lot area is a minimum of 80,000 square feet and the animals and supporting structures and pens are a minimum of 100 feet from an adioining b. All poultry must be contained by a suitable structure, fenced enclosure, pen, and/or fenced area that safely contains the poultry at all times. All structures, enclosures, and pens must meet the following dimensional standards: !: Maximum height of structures, coops, enclosures, or runs is 15 feet in height; All facilities shall be kept in good repair, maintained in a clean and sanitary condition, and be free of vermin, City of Wasilla Page 6 of 11 Bold & Underline, added. Strikethrough, deleted Ordinance Serial No. 18-12 (AM) Page 86 obnoxious smells and substances to the greatest extent feasible. The facility wilJ not create a nuisance or disturb neighboring residents due to excessive, noise, odor, damage, or threats to public health; and iii. Chicken coops or other shelters may not be located in a front yard or side yard that abuts a street in the Rl, R2, and RM zoning districts. £.:, No storage of manure shall be permitted within 50 feet of the exterior lot line; and d. If the applicant does not own the property, written proof of the owner's consent must be submitted with the application. ~ All structures, runs, and enclosures must be a minimum of 25 feet from residential dwellings on neighboring lots. For lots with more than one dwelling on the same lot, the structures, runs, and enclosures must also be a minimum of 25 feet from all other dwellings on the lot except the poultry owners' dwelling. On lots with a total area less than 40,000 square feet, the following additional standards apply: b Maximum of six poultry on lots up to 20,000 square feet and a maximum of 12 poultry on lots greater than 20,000 square feet and less than 40,000 square feet. Poultry under the age of six months do not count towards the allowed numbers; ii. Free-ranging within fenced yards is only allowed under direct supervision by the poultry owner and with consent of all tenants City of W a ilia Page 7 ofl I Bo ld & Und erlin e, ad ded . Strikethrough, deleted O rd inance Seria l No. 1 8-12 (AM) Page 87 and/or property owners who have legal access to the premises at the time of permit application; ~ On lots with a total area of 40,000 square feet or greater, the foUowing additional standards applv: .h Maximum of 15 poultry on lots between 40,000 square but less than 50,000 square feet; an additional three poultry are allowed for each additional full 10,000 square feet of lot area. No proration of the number of poultry is allowed for lots with less than a full 10,000 square feet of lot area. Poultry under the age of six months do not count towards the allowed numbers. h. In the Industrial zoning district, poultry is onJy allowed as an accessory use to a primary industrial use. 3. Beehives. The following standards applv: a. Beehives are allowed in all zoning districts as an accessory use; Four beehives are allowed per 10,000 square feet of lot area. No proration of the number of beehives is allowed for lots with less than a full 10,000 square feet of lot area; Colonies shall be managed in such a manner that the flight path of bees to and from the hive will not bring the bees into contact with people on adiacent property. To that end, colonies shall: !.: Be situated at least twenty-five feet from any lot line not in common ownership; or City of Wasilla Page 8 of 11 Bold & Underline. added. Strikethrough, deleted Ordinance Serial No. 18-12 (AM) Page 88 ii. Oriented with entrances facing away from adjacent property; or iii. Placed at least eight feet above ground level; or Placed behind a fence at least six feet in height and extending at least ten feet beyond each hive in both directions. d. The maximum height for a beehive at ground level is eight feet measured from the base of the beehive, inclusive of any temporary or permanent stand or foundation. Beehives are permitted on rooftops or elevated decks provided that the beehive does not exceed five feet in height above the surface of the rooftop or deck and the rooftop or deck is a minimum of eight feet above ground level; If the applicant does not own the propertv, written proof of the owner's consent must be submitted with the application; and All beekeeping shall comply with applicable laws and regulations. Section 4. Amendment of subsection. WMC 16.20.020(A), within District use chart 1s hereby amended to read as follows: A. The following chart summarize the use allowed and the standard of review for each use. In the commercial and industrial di tricts, more than one building housing a permissible principal use may be erected on a single lot; provided that each building and use shall comply with all applicable requirements of this chapter and other borough, state or federal regulations. City of Wasilla Page 9 of 11 Bold & Underline, added. Strikethrough deleted Ordinance Serial o. 18-12 (AM) Page 89CJ AA = Administrative approval UP = U e pennit CU = Conditional use EX = Excluded Blank = o city approval neces ary Rl R2 RM C RR Single-Multi-I p Districts Rural Residential Commercial Industrial Public Family family Uses Accessory U es AA AA AA AA AA UP AA Agriculture UP EX EX EX EX EX EX Ammal HaseaREiFJ' yp g tW g EX EX EX Beehives 1 AA AA AA UP UP UP EX Exotic Animals EX EX EX EX EX EX EX Farm Animals~ AA UP UP EX EX AA EX Poultry 1 AA AA AA UP UP cu EX Wild Animals EX EX EX EX EX EX EX 1Must comply with specific approval criteria in Section 16.16.060. Bold & Underline, added. Strikethrough deleted Ci ty of Wasilla Page 10 of 11 Ordinance Serial No. 18-12 (AM) Page 90CJ Section 5. Effective date. This ordinance shall take effect upon adoption by the Wasilla City Council. ADOPTED by the Wasilla City Council on April 9 2018. ATTEST: ~ [SEAL] JAMIE EWMAN, MMC City Clerk Bold & Underline, added. StrilEethrough, deleted City of Wasilla Page ll of 11 Ordinance Serial No. 18-12 (AM) From:BreAnna Hamman To:City Clerk Subject:Ordinance 3332-2023 Date:Monday, January 30, 2023 10:38:37 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, My name is BreAnna Hamman and I am a homeowner in the Woodland subdivision. I would like to voice my support for the passing of the city ordinance 3332-2023. I have a neighbor directly next to us, who under a permit has chickens. The chickens have caused no disturbances and are not bothersome. I have been bothered more by the dogs that get left out to bark by my other neighbor. I have had problems with dogs and cats coming onto our property, I have yet had a chicken do so. I believe people should also have access to fresh eggs and poultry. The uncertainty with food shipments these days has added an extra need for local people to harvest their own eggs. All of these reasons and more contribute to why I think the ordinance needs to be passed. Thank you for your time. -BreAnna Hamman Page 91CJ From:Deni Oren To:City Clerk Subject:Ordinance No. 3332-2023a Date:Tuesday, January 31, 2023 10:46:44 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To whom it may concern, Good evening, I am writing to express my support in favor of City of Kenai’s Ordinance No. 3332-2023a; in regards to allowing residents on properties less than 40k square feet in size to own up to 12 laying hens. As a City of Kenai resident I think this is a great idea to help offset some of the food supply issues and food insecurities my fellow neighbors and myself are starting to face in regards to inflation and supply chain issues lately. I do understand the concerns of some when it relates to how the city will pass this in a manner that doesn’t create neighborhood nuisances. But as homeowners, I think this can be done in a responsible and appropriate way just as we are expected to do with any of our pets. I think passing this ordinance would be so beneficial for local residents, not only for just each individual property/homeowner, but as well as for our neighbors who may benefit from receiving or purchasing fresh local eggs when our local stores are depleted. With rising costs of food, lack of food on shelves, it would be a world of difference to be able to offset some of these worries by having a more sustainable way to provide food for our families. I have read through the expectations listed and I find them to be very fair, and do believe it would help to reduce any issues in regards to having the hens. I also believe the allowance of up to 12 hens is perfect for a majority of the properties in the City of Kenai. Thank you for your time and I hope that the City of Kenai takes my support into consideration. Respectfully, Mr. & Mrs. Oren Page 92CJ Glenn & Charlotte Yamada 1806 4th Ave Kenai, AK 99611 907-398-4170 To Whom It May Concern; Hello. Our names are Glenn & Charlotte Yamada, we would like to share our enthusiasm for Ordinance No. 3332-2023! We are most definitely in support of property owners being allowed (a maximum) of 12 chickens on lots less than 40,000 square feet. With the current state of the nation, and so many food shortages, combine that with shipping costs to us- we think it prudent that property owners not be restricted with regards to chickens. So, please pass/amend the Kenai Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow a Maximum of 12 Chicken Hens to be Kept on Certain Lots Less than 40,000 Square Feet within the City of Kenai. In closing, again please pass/amend this code to allow for chickens in city limits. Sincerely, Glenn & Charlotte Yamada Page 93CJ From:Alice Waarvik To:City Clerk Subject:Chickens in city limits Date:Wednesday, February 1, 2023 3:07:05 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, I’m writing in support of Kenai city residents keeping chickens. I’d like to request this email to be included in the public lay down and forwarded to all council members. • The number 1 reason people like chickens: Chickens provide a valuable low-cost food source. Home raised eggs are fresher, better tasting, and more nutritious than commercially farmed eggs. • Chickens provide value as pets and also teach kids about responsibility through caring for an animal. Raising chickens also promotes the humane treatment of food producing animals. • Chickens divert waste from landfills. Lots of household waste is compostable and chickens are happy to eat much of that waste. I’ve researched common complaints that people have about keeping chickens and would like to address a few of those. • A hen's laying song is about 60 decibels so it would take 12 hens producing noise at the exact same time to produce more noise than 1 dog. I believe our city allows for 3 dogs per household. • A chicken's manure should not smell if it’s processed properly. Cat and dog manure are not advised to add to compost because of the risk of spreading disease to a garden, whereas chicken manure is recommended by the US Extension Colleges for use in composting when it is has been aged for 6 months before application. • Backyard chickens can present a health risk to humans from salmonella infections, although not as great as simply preparing a meal with chicken in your kitchen. Wild birds also present this risk as do reptiles like turtles and geckos. Dogs transfer diseases to humans such as worms but we are so used to dogs in our lives that we do not normally think of it as a risk. Before we moved to Kenai, we kept a small backyard flock of chickens. Our chickens not only nourished us with their eggs but enriched our lives in the same way cats and dogs do. They are not just livestock. Chickens are a wonderful hobby that provides companionship, entertainment, comic relief, and food! I look forward to the day we can share our lives with chickens again. Thanks so much! Alice Waarvik Sent from my iPhone Page 94CJ From:Bill Vedders To:City Clerk Subject:No to chickens Date:Wednesday, February 1, 2023 12:23:54 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Please distribute this to all council members. I chose to live in the city for a reason. Chickens are loud, stinky, and a bear attractant. If this passes I could potentially live between 24 chickens! This is not why I decided to live inside the city limits of the peaceful city of Kenai. Bill Vedders 504 Ash Avenue Kenai 907-690-1884 Page 95CJ From:Chelsey Merriman To:City Clerk Subject:Chicken Ordinance Date:Wednesday, February 1, 2023 12:49:22 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To whom it may concern, I support the ordinance on the basis of basic human rights. Anyone should be able to supply food for themselves and/or their family. To deny people the right to supply food for their family is abhorrent. With the supply and demand issues the nation is facing, it would be unwise to deny the ordinance. Thank you for your time and concideration, Chelsey Page 96CJ From:Christina Wood To:City Clerk Subject:Chicken ordinance Date:Wednesday, February 1, 2023 11:35:39 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 12 chickens is not that many. Not everyone is going to get chickens. I have lived on the Peninsula for 19 years and have always had chickens. Nowadays, it's good to provide for yourself (eggs/meat) since we cannot rely on America's availability. I love my fresh eggs and am thankful on this day that we have no issues in obtaining eggs for meals like most people here in AK. Living here... isn't that we take pride in? Being self-reliant? Sincerely, Mrs. Wood Page 97CJ Page 98 Gmail Question Re Ordinance 3332-2023 1 message Joe Google GoogleJoe <j ulietthotelml@gmail .com> To : ado uthit@kenai.city CJ JoeGoogle GoogleJoe <julietthote lml@gmail.com> Tue , Jan 31 , 2023 at 11 :15 PM Hello Kena i C ity Council Member Alex Douthit, Kenai resident Joseph Huard he re ... I have a question about your Ord inance 3332-2023 that I would like you to answer. In you r 12/29/2022 letter introducing this Ordinance to Mayor Gabriel and City Council Members, you stated: "The proposed changes will allow a maximum of 12 chicken hens to be kep t on lots less than 40 ,000 square feet except for the following zones : RU, RS1, RS2. and TSH, these four zones un iquely proh ibit the keeping of any livestock regardless of lot size." I searched but was unable to corroborate your assertion that the" ... RU , RS1 , RS2, and TSH ... zones uniquely proh ibit the keeping of any livestock rega rdless of lot size." Specifically , I searched the Land Use Table found in Kenai Mun icipal Code KMC Section 14.22 .010 , and came up empty. I don 't know where else to look. Would you please cite for me the source or sou rces that support your view that zones RU , RS1 , RS2 , And T SH un iquely prohibit the keep ing of any livestock. T hanks ... Page 99CJ Gmail JoeGoogle GoogleJoe <julietthotelml@gmail.com> Additional Ordinance 3332-2023 Comments and Attachment from Joseph Huard 1 message JoeGoogle GoogleJoe <julietthotelml@gma il.com> To : cityclerk@kenai.city Hello Kenai City Clerk, Kenai City resident Joseph Huard here ... Wed, Feb 1, 2023 at 2 :05 PM Attached is a document I printed off the Woodland Subdivision Facebook site today. The highlighted post within this document--authored by chicken expert and former Woodland Estates resident Lisa Marie Hansen--discusses the level of noise that chicken hens are capable of versus the level of noise chicken roosters are capable of. At the 01 /25 Planning and Zoning Comm ission Regular Meetin g discussion of Ordinance 3332-2023 there was at least one Commission member (Glendening?) who was of the misunderstanding that chicken hens are substantially less noisy than chicken roosters. Lisa Marie Hansen 's 'expert testimony' clears up that misunderstanding. By the way, 'egg songs' isn't an invented phrase , it is indeed a 'real thing'!!! Please include this email , along with its attachment in tonight's City Council Meeting packet ... ~ Hen Noise Vs Rooster Noise.pdf 596K Page 100 Kelsey Robertson I got eggs at Walmart in kenai two days ago for regular price ! They did have a lim ited selection but the prices we re not raised any thank goodness. Like Reply 3w Carly MacDonald $6? Loi more like $10 Like Reply 3w tI) 3 Sarah Rigsby People need to get on board with chickens they are not that bad unless y u have roosters honestly Like Reply 3w Lisa Marie Hansen Sarah Rigsby I mean "egg songs" by hens can be just as loud if not louder than rooster crows . However folks just need to accept animals make noise. Dogs bark, cats meow, etc. these are natural noises . Folks have become so desensitized by what used to be normal. Back in the day almost every backyard had a garde n and chickens . Like Reply 3w Miranda Martin They're even more expensive if you want the cage free, ranch raised call it) kind. __ ___,_ ___ -.::__ Like Reply 3w Carny Snyder Like Reply 3w Sean Seyler Walmart this even ing. Like Reply 3w o·.· 3 Phoebe Ruiz ii It's the city people that move here that don' s. They apparently don't know Alaska is a survival state an some point we will have live s properties Like Reply 44 m 2 \ From:Holly Ward To:City Clerk Subject:Woodland subdivision Date:Wednesday, February 1, 2023 6:20:30 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I support having chickens in the woodland subdivision. I live in woodland for accumulative 8 years and have children. Please allow us to have chickens. Page 101 From:Kristina Hamilton To:City Clerk Subject:Chicken vote Date:Wednesday, February 1, 2023 4:31:17 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello! I live in soldotna off gaswell, I’m aware that chickens are allowed only in certain areas of gaswell meaning I could keep chickens where I live, but my friends 2 minutes away from me cannot. I ask that there’s a law passed allowing people to keep live chickens on the kenai peninsula considering the egg shortage. please consider including my email in the public lay down and to send my email to all council members. Thank you for your time, Anonymous chicken lover Sent from Yahoo Mail for iPhone Page 102 From:Miranda Lee To:City Clerk Subject:Please Include Public Lay down Date:Wednesday, February 1, 2023 6:22:36 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Due to lack of childcare I could not attend the meeting regarding a city ordinance to allow backyard chickens. I would like this included in the public lay down and forwarded to all council members. Please let it be mentioned that in our multigenerational household of 10 people, we support the allowance of keeping live chickens on residential property. The importance of a continuous and sustainable food source is more critical now than ever, as providing basic sustenance for a family has become especially difficult when relying solely on buying food. The eggs provided by the chickens will offer a critical protein source for growing children and adults alike when other proteins (like meats) cannot be purchased at an amount that would adequately nourish a family. We live in the Woodland Subdivision and hope to see household in the neighborhood becoming more sustainable with their their food through chickens and gardens. Thank you for your time and consideration. Respectfully, The household of Levi Wanstall, Miranda Martin, Myron Martin, Cindy Martin, Kris Giles, Kalli Martin, and Chayton Martin (all the adults of our household) Page 103 From:Miranda Lee To:City Clerk; City_Council Subject:Ordinance No 3332-2023 Date:Wednesday, February 1, 2023 7:44:58 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I am writing in regards to the ordinance number 3332-2023 pertaining to allowing chickens on residential property within city limits. My name is Miranda Martin and I represent our household within the Woodland Subdivision, (home-owners) which in comparison to a wide variety of living conditions is not actually that “crowded” as previously mentioned. “Crowded” is subjective… not fact. If you have never had a yard smaller than a tenth of an acre, of course the lot sizes can be considered small and crowded. However, that does not apply to many people. The lot sizes not only can easily sustain a dozen small animals, like chickens, but can even grow substantial food gardens. Space is not a feasible issue. I feel this distinction is important based on previous testimony regarding chickens within our neighborhoods. Please let it be mentioned that in our multigenerational household of 10 people, we support the allowance of keeping live chickens on residential property. The importance of a continuous and sustainable food source is more critical now than ever, as providing basic sustenance for a family has become especially difficult when relying solely on purchasing food. We aren’t asking to slaughter chickens on a residential property. We are asking to peacefully raise chickens with love and attention as to harvest their eggs. Eggs to feed to our children in the many forms possible. For french toast, for scrambled eggs for my toddler, for extra protein in pancakes, to mix in fried rice. It’s easy for members of the community that have the means to make a significant purchase of a large piece of land outside of city limits to offer that as a solution to the need to raise chickens, however, for the general public, such expectations aren’t realistic. Chickens won’t serve the community members that don’t have any financial concerns. This is not who the ordinance pertains to, as such, perhaps their opinions should be considered as such. Opinions on a matter that does not, in fact, negatively affect them in the least. It is probably a safe assumption that these community members have never had to worry about where they or their children were going to get their nourishment from. The eggs provided by the chickens will offer a critical protein source for growing children and adults alike when other proteins (like meats) cannot be purchased at an amount that would adequately nourish a family. When all things are considered, basic physiological needs of our children should NOT be overshadowed by entitled community members who have full bellies, thick wallets and no young children to feed. Page 104 Thank you for your time and consideration. Miranda Martin and household. Page 105 From:mrskwork@aol.com To:City Clerk Subject:Tonight’s meeting regarding chickens Date:Wednesday, February 1, 2023 5:15:22 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. The full City council meeting on chickens I’m asking that it's included in the public lay down and forwarded to all council members. Hope to see the chamber full Hi. We are in full support of allowing chickens inside city limits especially for the Woodland Estates neighborhood. Chickens that lay eggs and/or can be raised for meat In limited numbers (say 12) should be allowed. Not only does it help families help raise awareness to providing food for themselves and neighbors, it’s a wonderful lesson of how to care for and where food comes from for children. Residents should have to provide some form of covered enclosure for chickens to protect from predators and escapement. I hope all those involved in the voting to pass this, remember why we love the freedoms Alaska provides us and why we live here. (We own 5 homes in Woodland Estates so please consider this as 5 yes’s for having chickens) Thank you, Randy and Karen Work Sent from the all new AOL app for iOS Page 106 Page 107February 8 , 2023 Work Session Planning & Zoning Commission Members Subject: Opposition to Ordinance No . 3332-2023 Allowing for Chickens to be Kept on Lots Less Than 40,000 s.f. I am not opposed to the raising chickens or harvesting fresh eggs but I am not supportive of this Ordinance as written which would allow chickens to be raise in a densely populated neighborhood like the Woodland Subdivision and would expand the raising of chickens from 28% to 96% of all lots within the city. This ordinance is not a balanced proposal as it only considers the will of those who want to raise chickens in a residential area at the expense of others. There are more equitable ways to accomplish such changes. To bring further clarity to this issue we need to ask the right question . If you ask the question : Do you want fresh eggs and food security then the answer is yes . But if you ask the question: Are the proposed changes to the city code appropriate for lots less than 40,000 s.f. in a residential zone (RS zone) then the answer is No . When I bought my house in 1988 I deliberately chose a lot in a residential neighborhood because I didn 't want to live next to farm animals, a pack of sled dogs , a gravel pit , or other disruptive nuisances and I certainly didn't want to live next door to where chickens could be slaughtered. If I wanted to live in an area with less regulations I could have bought property outside city limits as there is plenty of lots to choose from. I enjoy the amenities that the City of Kena i has to offer and I don 't want to see the character and integrity our residential neighborhoods compromised. I feel that this ordinance , as written , is a violation of public trust. And here's why: When I bought my house I trusted the zoning to protect the values and integrity of the Woodland Subdivision and I trusted the Land Uses within those zones to be up upheld but I'm now finding out how easily those values can be compromised by an ordinance and a small group of people. Ordinance No. 3332-2023 . as written, is not a balanced proposal Currently the city code allows for chickens to be raised on 28% of the city's lots but if this ordinance passes, then it would allow for chickens to be raised on 96% of the city's lots. This would create a complete imbalance for those who want chickens in their residential neighborhood and those who don 't. Facts and Figures for Number of Lots Total number of Kenai city lots is 4 ,895 Current number of lots allowed to raise chickens is 1,384 (28%) The proposed ordinance would allow an additional 3 ,307 (68%) lots for ra ising chickens The result of the proposed ordinance would allow a total of 4 ,691 (96%) lots for ra ising chickens Facts and Figures for Acreage Total number of acres within the city is 18 ,536 Current number of acres where chickens can be raised in the city is 16 ,682 (90%) Facts and figures can be verified with City Planning Director, Linda Mitchell Page 1 o f 2 Page 108I ask the Planning & Zoning Commission to recommend to the City Council one of the follo~._ __ _, amendments . Alternative A: Amend the proposed ordinance to prohibit the raising of chickens in RS Zones (Suburban Residential) as follows: Please amend Section 1, part (b) to read as follows: (b) No livestock shall be allowed in the RS, RU, RS1, RS2, TSH, and ALI zones. Please amend Section 1, part (h) to read as follows : (h) The keeping of chickens hens on lots less than 40,000 square feet is allowed, except in the RS, RU, RS1, RS2, TSH and ALI zoning districts, subject to the following standards ... : Including the RS zone (Suburban Residential) into Section 1 , part (b) and part (h) above will help to preserve the character and integrity of our residential neighborhoods . And because the RR Zone (Rural Residential) is not included in the above language it will expand the raising of chickens in the RR zone from lots that are 40,000 s.f. or greater to lots that are less than 40,000 s.f. This would seem to be a reasonable compromise as the RR Zone accounts for 72% of Kenai 's total land mass. Alternative B : Amend the proposed ordinance to establish a minimum lot size of 20,000 s.f. to raise chickens. Lots that are 20,000 s.f. or greater will be large enough to provide natural buffers and practical setbacks to protect neighboring properties from impactful activities . Please amend Section 1, part (h) to read as follows: (h) The keeping of chickens hens shall be allowed on lots 20,000 square feet or greater, subject to the following standards ... : Alternative B would reduce the minimum lot size for raising chickens from 40 ,000 s .f. down to 20,000 s.f. This would add an additional 617 lots for raising chickens . In other words this would increase the number of lots to raise chickens from 1,384 lots (28%) to 2001 lots (41 %). Both Alternatives A & B would seem to be a reasonable compromise between those who want to raise chickens and those who don 't want chickens to be raised in their densely populated residential neighborhoods. Sincerely, devrud. a . ~ Daniel A. Canetta Page 2 of 2 - 1 - February 2, 2023 City Council Planning & Zoning Commission City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Councilors and Commissioners: RE: Ordinance No. 3332-2023 Amending KMC 3.10.070 to Allow a Maximum of Twelve (12) Chickens to Be Kept on Lots Less Than 40,000 Square Feet - Except for RU, RS-1, RS-2 and TSH Zoning Districts I am a property owner with my home in Woodland Subdivision Part I. At the minimum, please consider these items for amendments to this ordinance: Except out the RS Zone, just like RS-1 and RS-2 Zones, by adding this exception to proposed 3.10.070(b) and (c); or; Alternatively, except out Woodland Subdivision, or at least Parts I and IV, by adding this exception to proposed 3.10.070(b) and (c); or Allow chicken hens to be kept on lots of 20,000 s.f. or greater, by amending proposed paragraph (c)(1) such as: - “The keeping of chicken hens on lots between twenty thousand (20,000) square feet and forty thousand (40,000) square feet will be subject the standards in subsection (h)” - And also modify proposed subsection (h) accordingly. Provide that the keeping of chickens on lots less than 40,000 square feet is for personal use only, and not for commercial use, by adding that text to the standards listed in subsection (h) Modify proposed paragraph (h)(3) to locate containment structures only in the back yard with appropriate setbacks per code, which was an original recommendation of the Commission; Add more specific standards for the dimensions, materials, and appearance of a “containment structure” such as a coop, including standards for protections against bears and other predators, by adding to proposed subsection (5) of paragraph (h) or adding another subsection; Put the Burden of Proof on the chicken keeper to show that his or her containment structure complies with the standards for a “containment structure.” Do not put the burden on the adjacent property owners or on the City. Page 109 - 2 - Require an application, for lots less than 40,000 square feet; If the applicant is a tenant, require the applicant to submit proof of the owner’s consent; or at a minimum, require proof of owner’s consent if the City receives a complaint; 3.10.040 doesn’t require a person who keeps chickens to destroy diseased chickens infected with diseases like bird flu, and that should be required. Add a standard to paragraph (h) that requires the chicken keeper to destroy chickens infected with disease like bird flu. Thank you for your consideration. Bob Molloy Page 110 From:Kiley Hansen To:City Clerk Subject:Allowing chickens in Kenai Date:Friday, February 3, 2023 9:34:16 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello! I understand that there's currently an ongoing discussion about whether chickens (specifically hens) should be allowed in city limits in Kenai. I live on Fathom dr. and with the cost of eggs and poultry, being able to keep chickens would help those who really need to budget their groceries. Having chickens has a lot of benefits and I believe it would help the community immensely. Thank you so much for considering it. Kiley Hardesty Page 111 Page 112 February 2 2023 Planning & Zoning Commission City of Kenai 210 Fida lgo A venue Kena i, A laska 99611 Ordinance No. 333 2-2 023 (Chic kens) Dear Commissioners: I do not support Ordinance 3332-2023 -it i too broad: "anything goes. This ordinance as written does not provide sufficient limitations to protect the residential character of our neighborhoods in the R zone. Please adopt r easo nable standards that would maintain the quality of life in our neighborhoods. everal amendments have been offered and discussed; many I agre with. Please consider and adopt the following standards. --Remove the R zone from the ordinance, or have a lot size minimum such a 20,000 square feet (1/2 acre)· --Reduce the number of hens from 12 to 6 in the R zone (1 would prefer more like 4)· --Don't allow keeping chickens in front yards (allowed w1der Ord. 3332-2023); --Require licenses like dogs (currently required in the Animal Code); --Limit chickens for personal use only· and provide that chick n farming can t be spread over multiple Jots; --Require the homeowner's written consent for tenants keeping chickens· --Provide standards for the location, number and materials of pens or sheds to reduc nuisances such as noise, odor waste and yesores· --Require that chicken waste be removed promptly. One argument for Ordinance 3332-2023 i.s that other cities in Alaska allow chickens, such as Wasilla, Juneau, Fairbanks, Anchorage, Palmer. I owever, those citie have many mor regulations regarding chickens than Ordinance 3332-2023. For example both Juneau and Wa ilia require administrative approval or a license to keep chickens. Please review these city code regulations and find out what works and what doesn't work. Thank you. incerely, Kristine A. Schmidt • 513 Ash Avenue Kenai, Alaska 99611 (907) 283 -7373 PROPOSED AMENDMENTS TO ORD. 3332-2023 (from City Council/P&Z Commission/Public Comments) 1. Zoning. • Remove Airport Light Industrial zone from allowed zones. (Knackstedt 2/1/23 p. 14). • Remove RS (Suburban residential) zone from allowed zones. -- Many subdivisions in this zone have small lot sizes (1/3 acre or less) and restrictive covenants banning poultry: Central Heights (off Walker Lane), Woodland Parts I-II- III-IV (off North Forest Drive), Redoubt Terrace (off South Forest Drive), Inlet Woods (off Redoubt Ave). • Add to land use table (see Wasilla ordinance). 2. Lot Size/Configuration. • Minimum lot size 20,000 s.f. (1/2 acre). -- Avoids conflict between ordinance and numerous subdivisions with small lot sizes and covenants banning poultry. • Limit to lots with no more than 3 adjacent lots or a maximum number of chickens on adjacent lots (first come first served). -- Because subdivisions with staggered lots may have 5 adjacent lots (60 chickens). • Maximum of one lot/owner – avoid “chicken farm.” 3. Number/Gender. • Limit to 12 in RR zone, reduce to 6 in other zones (Askin-2/1/23 p. 12).1 • Reduce to 6 hens Knackstedt-2/1/23 p. 14). • Reduce from 12 to 4-6. • Specify that roosters are prohibited. 4. Land Use. • Limit to back of house in rear yard (PZC 2/1/23 p. 11). • Limit housing or fencing to rear yard (Knackstedt 2/1/23 pp. 14-15). • Setbacks, not free range with fences. • Limit to personal use, not commercial use. • Setbacks from water bodies (see Wasilla ordinance). • Prohibit storage of manure or waste outside containment structure. 5. Other. • No killing chickens on site. • No keeping chickens or containment structures/fences on City-owned property. • Property owner written consent required. • Standards for containment area/structures (see Wasilla ordinance). 6. Enforcement/Public Safety. • Burden of proof on owner to prove accessory structure setbacks. • Require license (like dogs) or registration with administration like Wasilla. • Require removal of chickens with bird flu. 1 Compiled by Kristine Schmidt, 513 Ash Ave, Kenai 99611 Page 113 Page 114 - DECLARATION AND ESTABLISHMENT OP CONDITIONS, RESTRICTIONS AND COVENANTS FOR WOODLAND SUBDIVISION, PART IV, KENAI, ALASKA This Declaration of Covenante, Conditions, Reetriotionis, and Chargee is made this 1st day of June, 1978, by Hall Construc- tion Compuny, Inc,, an Alaskan Corporation, hereinafter referred to for the purpose of convenience as "Deolarant", WH ERE AS, Oeclnrant is owner of the real property situated ln the State of Alaska, Third Judicial District, Kenai Recording District, legally described as set forth in the attached ''Exhibit A'' which ie incorporated herein by reference, and WHEHEAS, Deolarant hai; ostabli shed a general plan for the improvement and development of said real property and desires to create covenants, conditions and restrictions upon which and subject to whioh that portion of said real property shown and legally described in "Exhibit B", incorporated herein by refer- ence, shall be improved, or sold and conveyed by it, as owner thereof, NOT THEREFORE, Ocolarant does hereby establish and impose upon said Lots described in said "Exhibit !I", provroiaJJ11, conditions, restrictions, covenants, easements and roaervati~n11 upon and subject to which each and all of said Lota as provided for herein shall be held, occupied, leased, eold, and/or con- veyed by Deolnrant or Oeclarant's successors . Said covenants shall run.with said lots for the benefit of said Subdivision and each and every such lot, and for the benefit of each owner of one or more lots therein, and their assigns and successors ln interest, and shall apply to and bind the respective succes- sors in interest of Declo.rant and the ownere of each and every lot in said Subdivision from and after the reoordation of these Declaratl ons, Said prov l siona, condl tions-reat-rioti one, ooven- ante, easements and reservations now mndo applloable to said lots are as follows• 1, LANO USE ANO BUILDINO TYPE No lot or other portion of the real property des- cribed shall be used for any purpose other than described in the following paragraph, - Page 115 r Block Ii Lots 11 through 2l, single family. Block N Lots \1 through 20, single family. Block T Lots through 6, single family, Block u Lota l thro1.1gh 20, single family, 2. DWELLING COST AND QUALITY No dwelling ohall be permitted on any lot nt a coat or l ess than $45,000.00 based upon cost lovols prevail- ln~ on the date these oonditlone, restrictions, and covenants arc re corded, 1 t being the 1 ntent1on and purpose of sUoh con- ditions, restrictions, and covenants to assure thnt all dwel- llnf(R sh11l1 be of a quality or workmanship and materials sub- stantia lly the oame or better than that which can be produoed on the date such conditions, reotrictions, and covenants are recorded at·the minimum coat stated heroin, ). BUILDING LOCATION (~) No building shall be located on any lot nearer to the front line or nearer to tho aide street line than the minimum setback Linea shown on the rccordod plat. In any event, no building shall be located on any lot nearer than 25 feet to the front lino, or nearer than 20 feet to any side street lino. (b) No building shall be located nearer than 5 feet to an interior lot line, except that no aide yard shall be required for a garage or other permitted acoeeaory build· ing located 60 feet or more from the minimum building setback llne, (c) No dwelling ehall be located on any lot nearer than 15 feet to the rear lot line, (d) For the purpose of theee conditione, reetric• tions and covenants, eaves, et epe, and open porches shall not be considered ao a part of the building, provided, however, that this shall not be conntrued to permit any Portion of a building on a lot to encroach upon another lot. Page 116 - tiOOf; /3;,' .. :'AGE~ ►:on..i ~:c cur.!i ~a Diorric1 4. TIME FOH CONSTHUCTION Any and all improvements erected upon any lot in said Subdivision shall be completed with reasonable diligence, 5, SASEMENTS Easements for installation and maintenance of util- tJes, drainage faciliti a, and natural vegetation scrcenin~. are re~erved as shown on the recorded plat. Wilhi these eaa - menta no structure, planting or ocher mate rial shall be placed 01· permitted to remain which may damage or interfere wl th the ins-callation and rnalntenanc of the utilities, or which may ~hanRe the direction of flow of drainage channelo in tho ease- ments , or which may obstruct or retard the flow of water throu~h dral.nai,!e channels in the easements. '!'he eaa•ement area or each lot and JI improvements in JL shaJl be maintained continuoualy by the owner or the lot, e11copt fo thoae improvements for which a public authority or utility company ls responsible. 6. NUISANCl!S No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nu1eanoe to the neighborhood. 7, TEMPORAHY ST l<UCTUR ES No structure of a temporary character, trailer, basement, tent, shack , garage, barn, or other outbuildin~ shall be used on any lot at any tlme ae a residence either temporarily or permanently, 8 , SICNS No ei~e of ~ny kind ohall bo displayed io the public view on any lot except one professional oign of not morn than one square foot, one sign of' not more than f1 ve square feet. advertising "the property for sale or rent, or algno u~ed by owner or a builder ta advert1sa the property durin~ the con- struction and/or sales period for marketln~ Subdivisia, lots. 9. LIVESTOCK AND POULTRY No animals, livestock or poul ry of any kind sha 1 be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. And Page 117 further provided that no more t han one do~ of sled type breed may be ma ntained , and all do ~s sha ll be restrained as necee- sary, to prevent their becom i n ~ nuisances. 10, GA RBAGE AND REFUSE DISPOSAL No lot shall be used or mai ntained as a du mpi ng grourl(J !'01· r·ubb sh, '!'rash or other wast e shnll not be J(ept excepl in sani tary containers, All incinera~oru or otho r oquipment for th e disposal or otor~ge of such m1H erial ahn ll be k ept i n a clean and sanitary condition. 11, WATEH SUPPLY No individual water supply &lsteru shall be perm i b ted on an y lot, 12 , SE~IAG~ ors POSAL No individual sewage dlsposal syHtem shall be per- mitted on any lot, tJ, SIGHT DISTANCE AT INTERSECTIONS No fonoe, wa ll , hodgo or shrub plan in~~ wh lch obstruct eight lines at clevationa of between 2 a nd 6 feet above the roadwars shall be plu oed or per mitted to rema l n on any c ornllr lot w thin the ti' 1angular urea formed by the st r co t property line and a line conne c ting them at pointe 25 feet from tho intersectlon of tho atreet lines, or i n th e case of a rounded property cornor , f rom the Intersection of th e str et property l in e extended, the same s i ght line llmitaLionn sha ll apply to any lot wi thin tO feoi from the inter section or a street property line with the ed~e of a driveway. "o t r ee shal l b p rmitted to rema i n within uuoh diatancee of such 1nteraectlon unle ss the fol iage line ls maintained a eu r- rlr.lcnt height to preven t obatruction of such sir,h t l nes. 14, THEES No owner shall be permitted to completely ol8ar a lot on which standing trees of uize end beau ty exist, Space may b <1 cleared for conetruction, und treas may be thinned so long as maximum nntural beauty and eathetlc valu es of s uc h trees are retained, 15, NESUBOIV SlON The area of the lots herein descr ibed shall no t be Page 118 ... IIOOK /~.i?__PAGR ~-~i.i li.icur,ting Dittri« redu ced 1n size by resubdivision, except that owne r~ of three ('J) con\.lfl.Uo us lots may dlVide the innc>r lot, or m1rl dle lot, thus lncreasin~ the size of the t wo remain i n R lots whlch ahall then be treated for all purposes p er t inent Lo these conditions, restrictions and covenants, as enlarged sinfle lots . t6. TERM Theee conditions, restrictions and covenants are to run w1th the land and shall be binding on all parties and all p ers ons claiming under them for a period of thirty (JO) years om the date these condit l one, restrictions and ov~- nant a are recorded, after which time said c onditions, r~~tric- tion shall be automatically e xtendad fo r s ucoeesive periods of tc-n (tO) years unless an inutrument ·iR7'efl by a major·it)/ o f the then owner s or the lots has been recorded, a.l{r ·eeinr• to chnn~e said conditions, rostrict!one and covenant s \n wh oJP or i.n part, \7, HE1/,EOIES T·O:l VIOL/\'l'IONS • JNVAL!D/\T10NS {a) neclarant may abate Violation. J·or a v lo la- iion 01· breach of any of these conditions, ·resi:rictlons or covenants by any pe rson claim in~ by , throU!):h, or under the Peclarant, or by v l rtu of any J udicial proceedi.n~3, the nealar- ant, and the lot owners, or any or them severally shall have the right to proceed at law or in equl ty to COll\pel a compliance with the terms hereof o to prevent the violat ion or breach of any of them, ln add! ti on to the forelloinp; rl ght, the Uec l ar·an t shall have the right whenever there shall have been built on any lot any structure whioh 1s in violation of these restric· tions, to enter upon the property where such violation or these conditl.ons, res·tr i ctions and cov enants exists and summarl.4' abate or remove the same at tho expense of the owner , and any such entry and abatement or removal shal l not be deemed a trqn- paas , The failure to promptly e~force any of these conc l.l. 1. l oni;, restrictions or covenants shall not bar their enfo1 ·camen t. (b) Kecord Notic e, otwithatanding anythinf contained in thi s article, there shall b no right of re•e ntry · aa provided thereinabove, nor shall there by any ri.Kht to en,• force any remedi es set forth in theso Declarat i ons until ten (10) day s after there is recorded with the 1\ncorder of Kenai Dietrict a Notice of Breach of this l)eclaration , which Notice shall f'ltate I The provieiono hereof which have been breached, a deacription of the lot, the name of the person who has breached these restrictions, the name of the record owner of said lot, and a.n affidnvl t that a copy or sa jd noti.ce was s11 r ved cm any person present, l r any, on the lot , and a copy I I I I Page 119 of sal d notice posted on said l ot or common area. Declarant, or the record Subdi vl sion. a s take in a conspicuous place on Any such Notice must be signed by own er or one or more lots in the (c) Attorneys Pees and Coats . Whenever the D clurant, or an y person ent led to enforce any rights here- under, 11ngages in legal proceedings to enforce ·the same, and prevai ls in said proceedings, the person viol tin~ said res- tricti on s by acceptance of the title to said lot does hereby agr c to pay to the prevailing p rty auoh r easonabl e attor- ney' e fe s and co ui·t costs a s ors awarded by any court. 18, RESERVATIONS Declarant , ite successors and aesiRns, for the purpose of further insuring the developm ent of the real pro- perty which is the s ubject of these cond l tlone, res trictions and covenants, as un area of high stan dards, reaer vee the right• (1) to change, lay out a new, or dlecon inue any street, avenue or way ohown on a flled plat which is not no oooeary for ingre a s or ogress to or from an owner's premises, sub j ect to the approval of the City of Kenai, or the platting authority, or both, if required, (2) to mak e such further exceptions , amendments a11d additions t o these conditions, restric- tion s and covenan ts as it 1hall deem reaaon- ably ne cessary and proper, 19, ASSIGNMENT OF RIGHTS AND POWERS Any and all of the righta a nd po wers and reaerva• tions of the Declarant herein con tained may bo deeded , conveyed and/or assigned to any other corpot·atl on or asaoo i uti on whl oh iH now .organ ited , or which may hereafter be organ! zed, and whi ch will assume the duti e s or Declarant hr under pertalnlnK to the particular rights and powers and resorvati ona aasignad , an d upon any riuc h corporati on or aal!lociation ev i dencing 1 ta consent in wri tin,: to accept such assignment and OG1:1ume such duties, i t shall, to the e xt nt of auoh deed, con veyance or aasi,mment, have the same ri r.hto and powers end be subject to the name obligati ons and duL es as are Riv n to and ass umed by Oeclur nt he r oin I and thereafter, upon th e eale by Dec laz:-an t of 1.111 l ts in "the Subdivision cov e r •d h r l n, Declnrant nhull be r elieved from that 't lme on of the por.formance of any further duty a nd/or obligation hereun der . Page 120 ., I I ,, i. - 20, WAlVE:R 800Jt~ __ PAGe li.>1r.1i fi&cordi.a~ Ducrict Any delay or oml ssl on on th e part of the Dec la rant, or 1 s succes13o r s or assigns , or the owners of other lots or pa rcels in t h e Wo odland Subdivlaion, 1n exerclsl n~ any r l ~hts , powers, reme dy or remedies provided by law or herein, in th ovent or any breach of the oon dltione , reatr1ct1ons nd co ven - ante here n contained, sha l l not be construed ao a waiver there- of or acquiescence therein, and no ri g ht of action shall accrue nor shall any action be brought or ma'ntained by anyone whatso- ever against the Deolarant for on account or its failure to bring any action on account of the breach of these conrlltlons, restrictions and covenants, or for lmpoeing restrictlon u here- in which may be unenforceable, STATC or ALASKA ;JltMtiv ss: -..i:.=-~...::::::~_.,L.:,..:..:...:.J.... ___ and ___________ ....,..,.,.,_ appeored bo!J)_re ,,,e 1 the undeulgnod Notory Publlo I n 11nd for Alaska, on this~ day of tJtiCl-'.M' , 19~, ot J\."■l:0140u. Aloekc1, l know them to be the //1ll: t, ond -;t1!"11U of ,t. !l' i()1 ,, " , an /\la r.kan corpor,aUon. Th'llY aaid thet they knew the c nten u of the foreoo!ng lnstrumont and ocknowledged the same to be the act of aald corporation, done l.iy authority of I ts IJoord,of Dlroctors • WITNESS my hand and ofUclal seal. 0/0739 /7!! . ': Dec ~--~ · 3 .54 PH '78 · .. flt0U[~f £u ii',:~~ ~oo,1Ess ·_~8.;191 ~<t4 t. f..1 . _.. ·. · .. :.y,n,r:·,·;:t /) I •~ .: 'f~;,:ij.f{~:> !Udu<fb U&.: .l&t;i '1•·r/ · .A , Page 121 Hello, long-time City of Kenai and Woodland Subdivision (1078 Walnut Ave) resident Joseph Huard here. I strongly oppose the disaster otherwise known as Ordinace No. 3332-2023 ... Some random thoughts ... Question: Why are there RSl and RS2 zones in the City of Kenai? Answer: Because the residents of the RSl and RS2 zones said 'enough is enough' with the perennial attempts at getting chickens crammed down their throats, so they organized to get rezoned as chicken-free areas. Question: If chickens in the city are so great, why are they banned in the RSl and RS2 zones? Answer: Maybe because chickens in the city are not so great? If I wanted to live among chickens, I would have purchased a home in an area that allowed chickens. But I didn't want to live among chickens, so in 1997 I purchased my home in Kenai in an area that didn't allow chickens. It's a betrayal if I will now be forced to live among chickens. It's not what I signed up for. I know from bitter experience how easily a mismanaged chicken operation can adversely impact the qua l ity of life in a neighborhood. I live right around the corner from the chicken fiasco on Poplar Circle that is now, blessedly, gone. All that remains of the operation is the blue tarp eyesore they left behind. Keep in mind, that enterprise was run by a chicken 'pro'; I can only imagine how badly things might end up when amateurs set up shop around here. I live next door to the smallest lot in the entire Woodland Subdivision at 7,288 sq ft. My lot, at 7,350 sq ft is the second smallest in Woodland. The largest lot contiguous to my lot is 11,278 sq ft. I share a corner post with four other lots. That's five lots sharing one corner post . From my backyard I have a view of six backyards besides my own. Yes I said six. Six backyards with 12 chickens per back yard equals 72 chicken hens. That's a lot of those adorable little mother cluckers I may have to live with. There'll be quite the cloud of bloody chicken feathers floating in the air if all six of my neighbors decide at the same time to start chopping the heads off their adorable chickens. Some people might dismiss the idea that what I describe (72 chickens) could actually happen. These same people tell us how popular chickens would be if only they were allowed in the city. If chickens end up being as popular as they tell us, I could very well end up looking at 100 hens, due to a lack of enforcement of what are, essentially, unenforceable requirements. They say it won't happen, but what if it does happen? Where does that leave me? Barbara Kennedy, in her January 25 testimony in front of the Kenai Planning and Zoning Commission, said where she lives, on North Lupine Ave, 'there are chickens everywhere'. The same thing could happen in Woodland Subdivision. I don't want to see 'chickens everywhere'. It's the Woodland Subdivision, not the Woodland Zoo. Page 122 Predators like the taste of chicken, I'm not sure why, maybe because it tastes like chicken. No chickens means less predators. Dogs bark at chickens. No chickens = less barking. What is it about blue tarps and chicken wire? They always seem to go together (see photo on page 6). Don't like looking at your neighbor's dirty, disgusting chickens? Do you consider them to be a nuisance? Chicken owners refuse to put up privacy fencing? Remember, chickens in and of themselves can not be considered a nuisance if the Ordinance passes. Your option: Put up a tarp (preferably blue). If I decide to sell and I have chickens on either or both sides of me, my property will likely take much longer to sell and I will likely have to settle for a lower amount than I could get otherwise. That's despite all the starry-eyed claims of chicken popularity; most people, if given a choice, simply do not want to live next door to a freaking chicken coop. Chickens have never been a selling point. Anywhere. You don't find real estate agents using chickens as a selling point in their listings. And we all know why. Woodland Subdivision could easily end up having many more chickens than people. And that's with just a few coops. If I wanted to live in an area with more chickens than people I would have bought a farm outside of town. A farm is a place where farmers grow crops and raise livestock, such as chickens. You know. A farm. Not a Woodland Subdivision back yard. We aren't living in the food-insecure Bush. We've got plenty of food security around here. It's called IGA, Walmart, Safeway, Fred Meyer, Arby's, McDonald's, Subway, and most importantly, Taco Bell. I've worked in the Bush. The Bush has food insecurity. The Bush would love to have to suffer under the jack boot heel of our so-called 'food insecurity'. You want food security? Plant a garden. Tomatoes, cucumbers, rhubarb. Just don't plant eggplant. I hate eggplant. First marijuana moves in, next the chickens move in, then it will be the potheads chasing their loose chickens around the neighborhood (and scaring the moose) because they were too stoned to remember to close the door to their chicken pen. Instead of a mere seven politicians deciding on whether to destroy the character of the city, why not instead let we the people decide. Let's vote on it! Or you could instead do what all the previous City Councils did when this issue popped up--they killed it in its cradle. Let's keep the status quo. If people are keeping chickens under the table, they know they'll have to be discreet, and they'll be more likely to want to keep their neighbors happy. If chickens are made legal, unscrupulous people will be able to say EFF OFF to their neighbors, secure in the knowledge that the law is unenforceable. However, if you insist on going forward with this fiasco: 2 Page 123 A permitting process is an absolute must. That way, at least initial compliance with the law is ensured . It won't change the reality that the law will be unenforceable after initial complance is achieved, but at least it's something. The clause in the proposed law that says, 'The keeping of chicken hens ... does not in or of itself constitute a nuisance or a disturbance' needs to be carefully looked at. It was included for a reason. I don't believe dogs and cats enjoy that same kind of protection. I wonder why chickens get that protection and dogs and cats don't. Why are chickens granted 'protected class' status? There has to be a reason. The Kenai City Attorney is tasked with looking out for the City of Kenai's best interests. Among his duties is one that commits him to ensure that any law passed by the City Council has minimal adverse financial impact on the City's coffers. The successful EXCLUSION from the Ordinance of the expensive, time-consuming, logistically night-marish permitting process will be a tremendous victory for the City Attorney and will make the City of Kenai very happy . With a permit process excluded from the Ordinance, the City Attorney will have done a good iob in looking out for the interests of his boss, the City of Kenai. The Kenai City Council is tasked with looking out for the residents of the City of Kenai's best interests. Among its duties is one that commits it to ensure that any law passed by the City Council has minimal adverse quality-of-life impact on the City's residents. The successful INCLUSION in the Ordinance of the quality-of-life-enhancing permitting process will be a tremendous victory for the City Council and will make the residents of the City of Kenai very happy. With a permit process included in the Ordinance, the City Council will have done a good iob in looking out for the interests o[its boss, the residents of the City of Kenai. With the Ordinace soon to be in City Council's hands for final decision, now all the slick, fast- talking City Attorney has to do is relax and play the waiting game to find out if he was able to successfully sneak one past a majority of those gullible rubes on the City Council ... If the City Council wants to make the vast majority of the residents of the City of Kenai supremely ecstatic, then with extreme prejudice they will proceed to nuke from orbit the entire Ordinance, or if not from orbit, at least from the tip of the spire of the Holy Assumption Russian Orthodox Church. It's the only way to be sure ... Let me tell you about the fever dream I had the other night ... Kenai City Council Member Alex Douthit ambles into Kenai City Attorney Scott Bloom's office on a blustery December 2022 morning and says, 'I want chickens, can you help me write up an Ordinance?' Bloom says, 'Sure, I'll help, but keep in mind, I represent the City, and my goal will be to ensure the financial burden on the City is kept to a minimum. Do you want a permitting process?' 3 Page 124 Douthit says, 'Permitting process? Good God no, not if I can get away without one.' Bloom responds, 'Whoopee! You just saved the City a ton of expense and headache.' Bloom then asks, 'How many chickens do you want?' Douthit says, 'Put me in for twelve. I'll get the City Council to settle for six. The City Council will then be able to tell the hayseed constituents that they were able to win a tremendous victory for them, by fighting hard to whittle down the chicken count by fifty percent. Heck, it won't matter anyway--without a permitting process, the entire law will be pretty much completely unenforceable. Am I right, or am I right? BWA-HA-HA-HA-HA-HA! Bloom joins in, 'BWA-HA-HA-HA-HA-HA! Douthit asks, 'When can you get on this?' Bloom replies, 'I'll start to work on this bad-boy as soon as I'm done with my three-hour lunch.' Douthit says, 'Okay, I don't care how you go about it, f just want me some of them thar chickens!' Bloom says, 'Oh by the way, congrats on your getting elected to the City Council. I saw that you attended your first Council meeting on October 19th. Here it is December, and you 're working on your first piece of legislation. Chickens. I don't recall you having run on the Chickens in Every Backyard platform. Or did f miss something?' Douthit replies, 'What, are you kidding? If I tried running on the chicken platform, I would have been defeated in a landslide at the polls. And then I probably would have been tarred and feathered and run out of town on a rail. No, the chickens are for me.' Bloom says, 'Tarred and feathered? You mean like with chicken feathers?' Douthit says, 'Yea, like with chicken feathers. BWA-HA-HA-HA-HA-HA!' Bloom joins in, 'BWA-HA-HA-HA-HA-HA!' Bloom then says, 'So you're one of those 'self-serving politicians' I've heard so much about.' Douthit says, 'Yup, that's me! BWA-HA-HA-HA-HA-HA!' Bloom once again joins in, 'BWA-HA-HA-HA-HA-HA!' After the exchange of a vigorous series of 'high fives', Douthit proceeded on his way and Bloom commenced to grapple with his three-hour lunch. 4 Page 125 I woke up screaming, my sheets drenched in sweat, my heart pounding, body trembling. And so my fever dream came to it's frightening end. You will not be surprised when I tell you that I've been afraid to go to sleep ever since ... Update with a twist: The update: At the 02/01 Kenai City Council meeting my letter to Council, addressing Ordinance 3332-2023, along with its attachment, was placed on the laydown table for public perusal. Included in today's package is said letter, along with it's attachment (see pages 8 and 9). That night, after the City Council meeting was adjourned, the author of the Facebook post shown in the attachment went on Face book and edited her post by removing the post's first sentence, which had read: "I mean 'egg songs' by hens can be just as loud if not louder than rooster crows." The 'Edit History' of her post can be found on page 7 . The twist: I said all that to say this: By her removing the first sentence, it focused my attention on the second sentence, which I never really noticed before, what with the shock I felt when I read her 'admission accablante' in her first sentence that CHICKEN HENS CAN BE JUST AS LOUD IF NOT LOUDER THAN ROOSTER CROWS. Her second sentence reads as follows: "Folks just need to accept animals make noise." Here we have another damning admission. I believe what the author is implying is, 'I don't mind the chicken noise, and neither should you. So you might as well get used to it, because chickens make a LOT of noise.' I'm confident I speak for many when I say this: I accept that animals make noise, I just don't want to have to start getting used to being surrounded by constant noise from my neighbors' chickens. I enjoy my peace and quiet. don't want to have to hear a bunch of chicken hens at times squawking LOUDER than roosters can crow. In conclusion: At the 01/25 Planning and Zoning Commission Regular Meeting, the City of Kenai Chief Animal Control Officer was asked for is opinion on what kind of impact the passing of Ordinance 3332-2023 might have on his ability to do his job. His response: 'I don't have an answer to that ... I don't know what the future holds.' Yikes. Methinks we're about to find ourselves in some big trouble around here. In the words of the immortal Bette Davis, 5 Page 126 'FASTEN YOUR SEATBELTSI IT'S GOING TO BEA BUMPY RIDE' Page 127 ~ V1€W FkJM l'-.'f Nert;;1-1ect<'s -r:t{o~ nf,~n.JA'( Page 128 Edit History ■ Lisa Mar!e Hansen Sarah Rigsby I mean "egg songs" by hens can be just as loud if not louder than rooster crows. However folks just need to accept animals make noise. Dogs bark, cats meow, etc. these are natural noises. Folks have become so desensitized by what used to be normal. Back in the day almost every backyard had a garden and chickens. January 9 at 11 :32 AM Lisa Marie Hansen Sarah Rigsby Folks just need to accept animals make noise. Dogs bark, ca:ts meow, etc. these are natural noises. Folks have become so desensitjzed by what used to be normal. Back in the day almost every backyard had a garden and chickens. February 1 at 10:06 PM Edits to comment s are visible to everyone who can see this comment. 7 Page 129 Gmail JoeGoogle GoogleJoe <julietthotelml@gmail.com> Additional Ordinance 3332-2023 Comments and Attachment from Joseph Huard 1 message JoeGoogle GoogleJoe <j ul ietthotelml@gma il.com> To : cityclerk@kena i.city Hello Kenai City Clerk , Kena i City resident Joseph Huard here ... Wed, Feb 1, 2023 at 2 :05 PM Attached is a document I printed off the Woodland Subdivis ion Facebook si te today. The highl ighted post with in th is document-authored by ch icken expert and former Woodland Estates res ident Lisa Ma ri e Ha nsen-d iscusses the level of noise that chicken hens are capable of versus the level of noise chicke n roosters are capable of. At the 01 /25 Plann ing and Zon ing Comm ission Regular Meeti ng discuss ion of Ord in ance 3332-2023 there was at least one Comm iss ion member (Glenden ing?) who was of the misunderstandi ng that chicke n hens are substantiall y less no isy t han chicken roosters . Lisa Marie Hansen's 'expert testimony' clears up that misunderstand i ng. By the way, 'egg songs ' isn't an invented phrase , it is indeed a 'real th in g'!!! Please include th is ema il , along with its attachmen t in tonight's City Council Meeting packet ... ~ Hen Noise Vs Rooster Noise.pdf 596K Page 130 Kelsey Robertson I got eggs a Walmart in ena i two days ago for regular price 1 They did have a limited selection but the pnces were not ra, ed any than goodness. Ltk R ply Carly MacDonald S ? Loi more like $10 Lik R ply 1 v , Sarah Rrgsby People need to g t on board with ch ickens they re ot that bad un less y u have ■ roo ter honestly llkt-R ply Lisa Marie Hansen Sarah Rigsby I mean •egg songs · by hens can b Just as loud if not louder than rooster crows . Howev r folks Just eed to a cept animals make noise . Dogs bark. cats meow, etc, these are natural noises . Folks have become so desensitized by what us ed to be normal. Back in the day almost every backyard ad a garde and chickens . Ltk Reply Miranda Martin They're even more expensive ,f you want the c ge free call i t ) krnd ke R ply 3w A?Y Carny Snyder tS' ), ,k ply ... 0D \ L-S an S yler --i Walmart this evening 01()0 L--, 0 Phoebe Ruiz i,, It's he city people ha move here that don't want chickens They apparently don 't know Alaska is a survival state and at some point we will have hve stock bac on our properties Ltk Reply 4 0 \ 1 From:Krystal Ruiz <krystalruiz920@gmail.com> Sent:Thursday, February 9, 2023 4:27 PM To:City Clerk Subject:Ordinance No. 3332-2023a CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good afternoon, I’m writing to whomever it may concern, my name is Krystal Ruiz (Phoebe Ruiz is my social media name) it was brought to my attention that a comment of mine on social media was used on the opposing side of Ordinance No. 3332‐2023a. I’d like it publicly known that I am against Joesph Huards opposition, I fully disagree with him. I am in FULL SUPPORT of Ordinance No. 3332‐2023a. My husband Anthony Ruiz and I both are. Below you will see the picture of the comments I am referencing too. Thank you for your time. Krystal Ruiz 907‐215‐0335 Page 131 Page 132K lsey Robertson I got eggs at Walma in k seJect,on but the prices wern ' two d ys go for r gul r pric llk Repl not r i d n th r k oodn Carty acOon Id 6? Loi mo, lik $10 roo n o rd I h ht nl pl lsaM Hn n Sarah Rigsby I mean g son s" by h ns c n be just as lo d if no louder th n roost r cro Howev r fol s just need to ccept n1mals m ke no1s Dogs ar , cats meow, etc. these ar natural noises Folks hav b com so des nsit1zed by what used to b normal. Back in the day almost ev ry backyard had a gard n a d chicken. pl iranda Martin They're e en more expensiv 1f you want the cage free, ranch raised i2.!.. whatever you -call 1t) kind ,,,,..- Uke Reply Camy Snyder Li R ply Sean Seyler Walmart this evening Phoeb Ruiz It's th city people that move h r kno Alaska is a survival state an properties ke pl t 2 f2 11 .. • Page 133 From:Lupine Orlob To:City Clerk Subject:ATT. planning and zoning and council meeting reguarding chickens Date:Friday, February 10, 2023 11:13:56 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. My name is Lupine Orob, I am an OWNER of property in the Woodland subdivision. I have owned my home for over 12 years, I ABSOLUTELY support having chickens in our neighborhood. As a owner who used to have a neighbor with chickens I do know all that it intails and had no problem with it. Many people need chickens for food, eggs, and income. or 4h, help youngers learn about life and earning money with it. obviously a limit/number of them needs to be reasonable, . Please add my email to the ordinance in support of the 12 chickens in city limits..... Thank u for your time, Lupine Orlob Page 134 Page 135 Kenai ity ouncil Planning & Zoning ommission ity of Kenai 210 •idalgo Avenue l enai Alaska 9961 1 •ebruary 13 2023 Ordinance No. 3332-2023 (Chickens) Dear ounci l Members and ommissioners: Attached to this letter is a map showing (in orange highlight) the many small lot subdivlsfons in the Kenai core which hav "no poultry" covenants, together with cites from those ubdivision covenant . 1 ix (6) o· the even (7) subdivisions are in the RS Zone. As you can see, there are at least 927 lots in the Kenai core/R zone with poultry bans.2 There are 2,453 lots in the RS zone; these "1 ou ltry ban" Jots are at feast 38% of the total RS-zo ned lots. The point of this re earch is to how you that many hundreds of people bought residential lot in the Kenai core/R zone ]mowing their lots had poultry bans ; yet there has been no vast outcry from these re identia] lot owners for the ity of Kenai to pass an ordinance like 3332-2023. o far as I have seen in the public comments, there have only been a few RS zone d- lot ow11edoccupa11ts that upport O ·dinance 3332-2023. Please vote rdinance 3332-2023 down a written ; it has too many problems with it as is. Or, at least r move the zone from the ordinance. Thank you for considering my request. Sine rely, Kristine A. chmidt 5 I 3 As l Avenue Kenai, Alaska 99611 (907) 283-7373 1 This is a just a partial list, f the largest subdivisions --what I was able to compl te by today. 2 The 927 lot count does not include In.let View Subdivi ion (off ogers Road) which has a poultry ban covenant but which is zoned R -1, which is excepted from Ordinance 3332-2023. Page 136 Page 137 PARTIAL LIST OF RESIDENTIAL SUBDIVISIONS IN THE KENAI CORE (RS ZONE) WITH POULTRY BANS entral Heights Subdivision, lat No. K-1546 etc.: 86 lots ; small est 6,004 s.f., largest 13 639 .f. Inlet Woods ubdivlsion Part I, Plat No. 84 -2 79: 178 lots , sma lle st 7,455 ·.f., largest 26,500 s.f. Monunsen's Subdivision, Plat No. K -1222 etc.: 187 lots. edoubt Terrace Subdivi ion, Plat No. K-1474 etc.: 180 lots ; small est 7 499 s.f., larges t 25,418s.f Windhaven Estates Phase 1, Plat No. 98-26: 33 lots ; small est 15 000 s.f. l argest 18 ,488 s.f Woodland ubdivision Part I, Plat No. K-1522: 113 lots , smallest 9,773 s.f., largest 22,073 s.f. Woodland Subdivisio n Part II, Plat No. K-1543: SJ lots, smallest 8,2 11 s.f., largest 13,529 s.f. Woodland Subdivision Part III, Plat No . K-1571: 49 lot., smallest 7 ,3 97 s.f., lar gest 10,795 s.f. Woodland ubdivision Part IV, Plat No. 78-208: 50 lots , smallest 7,288 s.f, largest 23,259 s.f. Total residential subdivision. lots listed above with poultry bans: 927 lots Central Heights Subdivision, Developer: M & S Development Company • Subdivision Plat No. K-1546, recorded 5/14/1 968, Kenai Recording District. • ovenants recorded 5/14/1968, Misc. Bool 31 Pag 61, Kenru RecordingDistrict:1 '11. L ive stock and Poultry. No anim a ls, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other hou ·ehold pet may be .kept provided that they are not kept, bred or maintained for any commercial ptu·po e. And further provided that no more than one dog of sled type breed may be maintained, and alJ d g hall be restrained as necessary, to prevent their becoming nuisance ." Inlet Woods Subdivision Part One, Developers: MSM and San L,tr, Inc. • Subdivi sion Plat No. 84-279, recorded 10/23/1984, Kenai Recording District. • Covenants rec rded 8/15/1985, Book 268 Page 636 , Kenai Recording District: "No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pet may be 1 ept p ·ovided that they are not kept, bred or maintained for any commercial purpose." Mommsen's Subdivision Addition No. 1, Developer: Morris Killen • Subdivision Plat No. K-1222 recorded 7/3/J 962 , Kenaj Recording District. • ovenants recorded 4/3/1964, Misc. ook 13 Page 48, Kenai Recording District:2 " 11. LIVESTO KAND POU TRY. No animals livestock or p ultry of any l ind hall be rajsed, bred or kept on any lot, except that dogs , cats or other household pet may be kept provided that they are not kept, bre d or maintained for any commercial purposes. No more than two dog of the "husky" or "sled" type or breed may be l ept r permitted on any lot " 1 These covenru1ts apply to the ntire piece of property owned by the developer, including original subdivision lo ts in Plat No. K-1546 , and later additions, Plat Nos. 83-66 and 88 -5 4. 2 These covenant apply to the entire piece of property owned by the developer, including oridinal subdivision _lot s in Plat No. K -1222, and later additions (many). -1 - Page 138 Reboubt Terrace S ubdivision, Developer: F ourth Avenue Investment Company • Subdivision Plat No. K-1474, recorded 5/31/1967 Kenai Recording District. • ove □ants recorded 5/31/1967, Misc. Book 26 Page 312, Kenai Recording District:3 "13 . Livestock and Poultry. No anima ls, li vestock or poultry of any kind sl a ll be raised, bred or kept on any lo t, except t hat dogs, cats or other household pets may be l ept provid ed that they are not kept, bred or maintained for any commercial purpose. And further provided that no more tl1a11 one dog of sled type breed may be maintained, and a ll do gs shall b e r es trained as necessary, to prevent th i.r bec oming nuisances ." Windhaven Es tates Phase 1, Developer: Clint D. Hall • Subd ivi sion Plat No. 98-26, recorded 6/22/1998 Kenai Recording District. • ovenants recorded 7/22/1998, Book 535 Page 567, Kenai Recording D istrict: "No animal s, livestock or poultry of any kind hall be raised bred or kept on any l ot, except that dogs, cats or other h ou ehold pets, lim ited to tlu: e (3) may be kept provided that they are no t kept, bred or maintained fo r any commercial purpose." Woodland Subdivision Part I, Developer: C ollier Carbon and Chemical Corporation • Subdivision Plat No. K-1522, recorded 12/1 5/1967, Kenai Recording D istrict. • Covenants r ecorded 12/15/1967, Misc. Book 29 Pag 187 , Kena i Recording District: "13. No animal , li vestock or poultry of any kind shall be ra ised, bred or kept on any l ot, except that dog s, cats or other household pets may be kept provided that they are not kept, bred or maintained for any eonm1e rci a l purpose . And further provided that no more than one dog of s led t ype breed may be mainta in ed, and all dogs shall b e restrained as necessary, to prevent their b coming nuisances." Woodland Subdivision Part II, Developer: Collier arbon and Chemical Corporation • Subdivision Plat o. K-1543, recorded 4/18/1968, Kena i Recording District. • ovenants recorded 4/19/1968 , Misc. Book 30 Page 292, Kena i Recording District: "12. LIV TOCK AND POULT Y. No animals, li ve tock or poultry f any kind shall be raised, bred or kept on any l ot , xcept that dogs , cats or other hou e ho ld pets may be kept provided that they a re not kep t, bred or maintained for a ny commercial purpose. And further provjded th at no more than one dog of s led typ e breed may be mainta ined, and all d gs sha ll be rest rained as necessary, to prevent their becoming nuisances." 3 T hese covenants app ly to the entir piece of property owned by the developer, including original subd ivi sion l ot in P l at No. K.~14 74, and later additions, P]at Nos . K-1519, 75-86 76 -96, 81 -134, 83-7, 83-29 , 83-207 94 -49. -2 - Page 139 Woodland Subd ivi sion Part III, Developer: Wood land Development Corporntion • ubdivision Plat No. F -1571 recorded 8/23/1968, Kenai Recording District. • ovenants recorded 8/23/1968, Misc . Book 32 Page 223, Kenai Rec rdin g District: "12. No animals , live locl or poultry of any kind hall be raised, bred or kept on any lot, except that dogs, cats or other h usehold pet may · e kept provided that t hey are not kept, br ed or maintained for any commercia l purpose. And further provided that no m re than one dog of sled type breed may be maintained, and all dog s hall. b restrained a neees ·ary, to prevent their b coming nui ance . " Woodland S ubdi v ision Part IV, Developer: Ha ll onstruction Company Inc. • Subdivision Plat No. 78 -2 08, recorded 12/J /1978 . • ov nant recorded 12/4/J 978, Misc. Book 136 Page 499, Kenai Recording District: "9. . IVE TO KAN POULTRY. No anima ls, livestock or pou ltry of any kind shall be raised, bred or kept on any lol, except that dogs, cats or otl1er hou sehold pets may be k ept prov id d that they a re not kept, bred or maintail ed fo r any commercia l purpose. And fu1ther provided lhat no more than one dog of sled ty p e breed may b maintained a nd a ll do gs shall be restrained as nece sary, to prevent th eir becoming nuisances." - 3 - Page 140 February 15, 2023 City Council, Planning & Zoning Commission City of Kenai Dear Councilors and Commissioners: RE: Ordinance No. 3332-2023 Property owners in Woodland Subdivision, zoned RS (one of the three Suburban Residential Zones), questioned the inequity (and lack of rational basis) for excepting RS-1 and RS-2, but not RS, from KMC 3.10.070 Livestock within city limits, when all three are Suburban Residential Zones. The Land Use Table for RS, RS-1 and RS-2 Zones all have a "N" for Not Permitted for "general agriculture." The minimum lot size in RS and RS-2 is 7,200 s.f., while the minimum lot size in RS-1 is 12,500 s.f. The raising of chickens will have similar impacts on all of these Suburban Residential Zones, but only properties in RS Zone are subject to the impacts that will be caused by this ordinance as written. At a recent council meeting, an answer was offered: that residents in RS-1 and RS-2 Zones had asked for more restrictions. We did not find that answer to be true when we researched the facts of the introduction and passage of the Title 3 livestock ordinance, that was enacted by Substitute Ordinance No. 1864-2000, An Ordinance Of The Council Of The City Of Kenai, Alaska, Prohibiting The Keeping Of Livestock On Certain Lots Within The City Of Kenai (Suggested by the Planning & Zoning Commission). The Minutes and Notes of the P&Z Commission meetings and work sessions show that Ordinance No. 1864-2000 originated at the Commission. These Minutes and Notes do not show that residents of RS-1 and RS-2 Zones requested prohibition. The Commissioners considered zones and lot sizes and what livestock should be allowed in what zones and at what minimum lot sizes. And the Notes of the 4/12/2000 Work Session of the PZC, page 2, contain the following key paragraph: Graves indicated that the list of animals was developed in a brainstorm session and that the list could be changed. Graves addressed Option (d)(1), the circus option and asked if anyone had a problem with it. Discussion took place and it was recommended that RS1, RS2, RU and TSH zones be listed. This would leave the RR and commercial zones available. The intent was to allow livestock, including chickens, in the RR and commercial zones, and to restrict livestock in the zones listed as excepted zones. It doesn't appear that the RS Zone was intentionally excluded from the excepted zones . This appears to be an oversight in the legis lative process , and th is has resulted in an arbitrary outcome that continues in Ord inance 3332-2023 . As Dan Conetta, Dave and Kim Howard, and Kristine Schmidt have also requested , the Commission can recommend to Council, and the Council can amend the ordnance to except the RS Zone from the keeping of ch ickens, j ~1 and RS-2 Zones are ex ~ (sob Molloy , 513 Ash Avenue , Kenai, AK Page 141 CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS APRIL 12, 2000 -7:00 P.M. CHAIRMAN CARL GLICK PRESIDING WORK SESSION The Proposed Livestock Ordinance work session began at 7: 17 p.m. Members Present: Carl, Glick, Phil Bryson, Ron Goecke, Barb Nord, Arny Jackman Members Absent: Donald Erwin, Don Gough Others Present: Councilman Duane Bannock, Chief Animal Control Bill Godek, City Attorney Cary Graves, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper Goecke, who introduced the proposed livestock ordinance again expressed his strong desire to have an ordinance which the Commission ·could refer to when situations arise involving livestock in certain zones and lots under three acres within the City of Kenai. P&Z Commissioners had the following comments regarding the proposed ordinance: • Jackman referenced the list of animals that should not be allowed within the ·City and thought that bees should not be included, as they didn't appear to be a problem to those individuals she knows who have bees. She noted, bees are only kept for a short period during the year. Jackman also felt the lot size should be limited to 1.5 or 2 acres. • Nord also referenced the list and thought that pigeons should be allowed, as they are not a detriment, With regard to lot size, Nord didn't think the lot should be less than 20,000 sq. ft. • Bryson explained the handout provided prior to the work session (which he prepared). He noted, the spreadsheet listed various subdivisions with the total lots less than 14,000 and 20,000 sq. ft. The spreadsheet was discussed in detail. Bryson referred to the draft ordinance included in the packet with options listed. With regard to Option 1, Bryson indicated he was receptive to 20,000 sq. ft or greater. In Option 2, Option 2 .1 to 18,000 sq. ft. This could increase with the number of living units on the parcel. Bryson didn't think livestock should be allowed in the RU, RSl, RS2, and TSH zones. On page two of the draft ordinance, Item (d)(2), Bryson stated he would like RU inserted in the blank to indicate the zone. Further, Bryson would like the permit not to exceed two years (Option 1.2). In regard to Item (d)(3) regarding variances, Bryson Page 142 explained situations where variances may be necessary. Bryson thought Item (e) was reasonable and in Item (i) Option 1, 25' was appropriate on the side yard setback, 50' from the front and 10' from the back. This should also include 50' from the adjacent residences. Bryson pointed out the ordinance did not address pets that may fall on the list of livestock (referring to the list of animals not allowed). With regard to the list, Bryson looked at it with size of animal, odor, noise and safety. Bryson thought buffalo should be changed to bison; Items 11 and 12 should not be on the list; and Items 17, 18 ~d 23 should also be removed. Bryson indicated he was not in support of the ordinance but would try to suggest something workable. • Godek thought that if there was going to be a livestock ordinance, individuals living in rural residential areas could have what they want within reason as they were living in• a RR zone for the purpose of having animals. Godek indicated he added the rare birds as they were becoming more and more popular and could be dangerous if let loose. Godek indicated there is a rather large pigeon population in Kenai and that cats are· a constant complaint at the animal shelter. Godek thought that Bryson's recommendations were very reasonable. Godek provided Commissioners with a list of properties with large animals. • Graves indicated the list of animals was developed in a brainstorm session and the list could be changed. Graves addressed Option (d)(l), the circus option · and asked if anyone had a problem with it. Discussion took place and it was recommended that RSl, RS2, RU and TSH zones be listed. This would leave the RR and commercial zones available. • Kebschull echoed Bryson and Godek's comments regarding lot sizes. After individual comments were made, a lengthy discussion ensued. It was decided that on Attachment A, the list of animals not allowed, Item 3 would be changed to Bison; and Items 17 and 23 would be removed. Rabbits and ducks would remain for now and a public hearing would be scheduled. Prior to closing the work session, Graves requested anyone with ideas or input for the sign code re-write to contact him and noted, the sign code needed to be addressed as variances for signs had become the rule and not the exception. Graves congratulated Kebschull on the grant for economic development. The City had received very positive comments regarding the grant application. Work session ended at 8:20 p.m. Respectfully submitted, Barbara L. Roper, Contract Secretary Page 143 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ00-09 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING THE KENAI MUNICIPAL CODE AT 3.10 BE AMENDED. WHEREAS, the keeping of livestock on small lots within the City of Kenai creates sanitary, hygiene and odor problems; and · WHEREAS, the keeping of livestock on small lots within the City of Kenai in some instances reduces nearby property values; and WHEREAS, restricting the keeping of livestock to lots of adequate size will reduce such problems; and WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of livestock within the City limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 3.10.070 is enacted as follows: 3.10.070 Livestock within the city limits: (a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai. (b) Livestock may be kept on lots of 20,000 square feet or greater. On lots containing two-family or multiple family dwelling units, no livestock shall be allowed on lots containing less than 18,000 square feet per dwelling unit. No livestock shall be allowed in the RU, RSI, RS2 or TSH zones. Animals raised for a fur-bearing purpose are not allowed in any zone. (c) In this section "livestock" is defined as the following animals: 1. Cow 2. Horse 3. American bison 4. Llama 5. Alpaca 6. Sheep 7. Swine 8. Goat 9. Mule 10. Donkey 11. Ratite 12. Duck 13. Goose 14. Chicken 15. Turkey Page 144 (d) (1] Except for the RSl, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City Manager may set a permit fee as set out in KMC 7.15.100. ( d)(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4-H, Future Farmers of America, or Boy/Girl Scouts on lots not otherwise eligible under this ordinance. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. Toe Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. Toe permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the Board of Adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City Manager may set a permit fee as set out in KMC 7.15.100. (d)(3) If two or more lots of continuous frontage are owned or leased by the same person(s) and the combined square footage of such lots otherwise meets the requirements of this ordinance for the keeping of livestock, such lots shall be considered a single lot for purposes of this ordinance. (e) Lots on which livestock are kept on the effective date of this ordinance which are not eligible for the keeping of livestock under this ordinance shall be considered a non-conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of this ordinance. (t) Corrals, pens, hutches, coops or other animal containment structures must have a minimum setback of twenty-five (25) feet from the property's side yards, fifty (50) feet from the front yard, and ten ( 10) feet from the back yard; and must be secure and in good repair. Page 145..._________.I NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS TO THE KENAI CITY COUNCIL THAT KMC 3.10 BEAMENDED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 1.Jl.~y of O')g"f , 2000. ~A✓. Chairman Page 146 ) SUBSTITUTE Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1864-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROHIBITING THE KEEPING OF LIVESTOCK ON CERTAIN LOTS WITHIN THE CITY OF KENAI. WHEREAS, the keeping of livestock on small lots within .the City of Kenai creates sanitary, hygiene and odor problems; and WHEREAS, the keeping of livestock on small lots within the City of Kenai in some instances reduces nearby property values; and WHEREAS, restricting the keeping of livestock to lots of adequate size will reduce such problems; and WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of livestock within the City limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 3.10.070 is enacted as follows: 3.10.070 Livestock within the city limits: (a) Except as otherwise provided in this section,. no person shall keep or maintain livestock within the City of Kenai. (b) Livestock may be kept on lots of 40,000 square feet or greater. No livestock shall be allowed in the RU, RSI, RS2 or TSH zones. Animals raised for a fur-bearing purpose are not allowed in any zone. (c) In this section "livestock" is defined as the following animals: 1. Cow 9. Mule 2. Horse IO.Donkey 3. American bison 11.Ratite 4. Llama 12.Duck 5. Alpaca 13.Goose 6. Sheep 14.Chicken 7. Swine IS.Turkey 8. Goat 16. Rabbit (d) (1] Except for the RSI, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public.exhibitions or Page 147 SUBSTITUTE Ordinance No. 1864 -2000 Page 2 of 3 entertainment events. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City Manager may set a permit fee as set out in KMC 7.15.100. (d)(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4-H, Future Farmers of America, or Boy/ Girl Scouts on lots not otherwise eligible under this ordinance. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the Board of Adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City Manager may set a permit fee as set out in KMC 7.15.100. (e) Lots on which livestock are kept on the effective date of this ordinance which are not eligible for the keeping of livestock under this ordinance shall be considered a non-conforming use ofland under KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of this ordinance. Offspring of livestock allowed as a non-conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this ordinance or outside of the city limits. (f) Corrals, pens, hutches, coops or other animal containment structures must have a minimum setback of twenty-five (25) feet from the property's side yards, fifty (50) feet from the front yard, and ten ( 10) feet from the back yard; and must be secure and in good repair. (g) A person seeking relief from the provisions of this section may apply for a conditional use permit under KMC 14.20.150. (h) This ordinance will come back to the City Council for review 24 months after the effective date . Page 148 ) SUBSTITUTE Ordinance No. 1864 -2000 Page 3 of3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of July, 2000. ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: May 17, 2000 July 19, 2000 August 19, 2000 From:Don Pearce To:City Clerk Subject:Chickens Date:Wednesday, February 15, 2023 2:19:56 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I am writing this e-mail in support of allowing chickens within the city limits of Kenai. Thank you Don Pearce Sent from my iPhone Page 149 From:Dan Wolverton To:City Clerk Subject:Chickens inside of City Limits Date:Wednesday, February 15, 2023 2:59:12 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Sir/Ma’am, As a resident of Kenai, I am writing you to provide my opinion on the matter of raising and keeping Chickens inside of city limits. I have my reservations about this based on concerns of waste, pests, odor, and noise. Although I am not in favor of allowing Chickens to be raised inside City Limits, I believe a compromise could be reached. Maybe Chickens could be allowed for owners of lots/properties in the size of 1 Acre or greater. I think this would allow room for noise and odor dissipation, while making sure pests attracted to waste maintain a distance from neighboring lots. If you wish to display or read this email publicly, I respectfully request you withdraw my contact information. Thank you for your time, Dan Wolverton Page 150 From:Jen Brighton To:City Clerk Subject:chickens in city limits Date:Wednesday, February 15, 2023 3:39:38 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, I am a homeowner in Kenai writing to give my support to having chickens allowed inside city limits. We have raised chickens for 7 years, and our neighbors have chickens as well. Over the years we and they have had several arrangements for the birds, including free ranging and three different coop styles. Chickens do need a place to roost safely (we lost one to a neighborhood dog and a few to eagles), but they are not loud or destructive animals. They help eat bugs and kitchen scraps, and turn out excellent compost for our garden. The only time they have been disruptive was the one year we accidentally got a rooster, but even he was not as loud as the average pet dog. Chickens are environmentally friendly and economically practical. A small flock of 6-8 birds can live happily and healthily in a small space and are appropriate for within city limits. Increasing chicken-raising in the area also brings an economic boost, through sharing or sale of eggs, compost, feed, and chicks. Thank you, Jen Brighton Page 151 From:Loretta Pearce To:City Clerk Subject:Chickens Date:Wednesday, February 15, 2023 4:50:58 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I am writing this to inform you that I am in favor of having chickens. Thank you. Loretta Pearce Page 152 From:Abe Pellegrom To:City Clerk Subject:Chicken Date:Wednesday, February 15, 2023 5:17:17 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Will the city impose a tax on chickens? If I remember correctly the city has a tax for each dog owned by a resident. Who will enforce the rules ? I all about having chickens and livestock. But at what cost ? RedLine welding Abe Pellegrom 907-394-2709 Page 153 From:Antonio Andrade To:City Clerk Subject:Chickens. Date:Wednesday, February 15, 2023 6:33:45 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Please allow chickens within city limits in kenai. Page 154 From:germainepatchett@gmail.com To:City Clerk Subject:Chickens Date:Thursday, February 16, 2023 7:50:21 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, Please allow chickens in Kenai city limits. This is Alaska where we strive to be self sustainable. High tunnels, fishing, hunting, foraging... Chickens are not loud, give great fertilizer and double as meat. It'll help feed supply business as feed will be bought, lumber for coops, caterers, feeders, treats and the list goes on. Please say yes. Germaine Patchett Sent from my LG V20, an AT&T 4G LTE smartphone Page 155 Page 156 February 16, 2023 Kenai Planning and Zoning Commission City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Re: Opposition to Ordinance No. 3332-2023 We wish to express our strong opposition to the passage of Ordinance No. 3332-2023. We purchased our home in Woodland Subdivision in 1988 (zoned Suburban Residential) because we wanted to live in a residential neighborhood. As responsible home buyers, we read the covenants and the zoning for Woodland Subdivision. We think most homeowners affected by this ordinance bought their property knowing that chickens were not a permitted land use and had an expectation that their neighbors wouldn't have chickens either. For 35 years we have paid property taxes on a modest home (Lot is 10,170 s.f.) on a cul-de-sac in a nice neighborhood, raised our children here and now are retired here. Passage of this ordinance will dramatically change the residential character of our neighborhood. There is no question that having chickens next door to us has lessened our property value. We and others expressed opposition to our adjacent neighbor's Livestock Permit for Chickens at the June 20, 2022 Board of Adjustment Hearing (Case No. BA-22-01). It wasn't until a "renewal'' was applied for did Animal Control perform inspections in April 2022 and found the applicant violated not only the original permit but also the requested new permit. In addition, fencing and structures violating the setback requirements still have not been removed. For nearly three years we witnessed blatant violation of the terms of our neighbor's 2020 permit. If the current laws can't be managed, new and broader allowances won't be enforced either! This ordinance severely limits the number of properties for residents who don't want to reside near chickens. Fresh eggs can be purchased locally. We buy eggs at local businesses where sales tax is collected to help support our community. As far as the increased cost of eggs, there is also an increasing cost to have proper ·chicken coops, fencing, feed, electricity and other expenses. 1 Page 157 We can vouch that a dozen chickens, or several dozen chickens, are a public nuisance in a densely populated subdivision on lots smaller than 40,000 square feet. We prefer to enjoy our front, side and back y ard without a dozen or more chickens cackling when the UPS truck shows up or someone walks by, not to mention the squawking as they lay eggs. Along with elevated noise, odors and spread of disease, there is an increased potential for predators, wild and domestic. A press release by the Alaska Dept. of Environmental Protection in October 2022 states at least four backyard flocks had detections of the highly pathogenic avian influenza statewide. It seems this ordinance intends to satisfy a few residents at the expense of many. A similar ordinance failed in 2015. As Kenai taxpayers, we feel enough city resources have been spent on this issue. We don't want any chickens next to us. We should not be forced to live next door to chickens. Enforcement ofthe keeping of chickens parameters in this ordinance should not be complaint driven and the responsibility of the neighbors. We hope the City Council will reject this ordinance entirely. However, if you feel you must take action, please recommend to the City Council to prohibit the keeping of chickens in the RS Zone, like the other residential RS-1 and RS-2 Zones. Thank you for your consideration in this matter. Sincerely, ~ iJ0- Kim and Dave Howard P.O. Box 2823 (703 Poplar Circle) Kenai, AK 99611 2 Page 158 February 16, 2023 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Planning & Zoning Commission, City Council, and Mayor Gabriel, Subject: Opposition to Ordinance No. 3332-2023 Opposition to chickens being raised in RS Zones like the Woodland Subdivision I feel that any ordinance that allows for the raising of chickens in the Woodland Subdivision is a violation of public trust. And here's why: When I bought my house in 1988 I trusted the covenants to protect the values and integrity of the Woodland Subdivision and I trusted our City to honor those covenants. The covenants for the Woodland Subdivision expressly prohibits the raising of poultry. We're not asking the city to enforce the covenants but instead we're asking the city not to pass an ordinance that they know is in direct conflict with our property rights. Passing an ordinance that is in direct conflict with the covenants would cause an obvious dilemma as it provides an avenue for a violation of our covenants. Does the City really want to pass an ordinance that they know is in direct conflict with the covenants of the Woodland Subdivision? I urge the City to comply with our covenants and not compromise the property rights that have been established for our residential neighborhoods. This ordinance, as written, violates the covenants of at least 8 Subdivisions and more than 900 lots. (See comments submitted by Kristine Schmidt) If we want to open up more areas for raising chickens there are more responsible ways to accomplish this without causing a direct conflict with neighborhood covenants. We already have a zoning district that is set up to do just that. This would be the RR Zone (Rural Residential). I urge the city to use our planning tools correctly and not cause a conflict with our covenants. At the February 8 , 2023 Planning & Zoning Work Session there were concerns from three main parties : Party 1: Those who don't want chickens in a densely populated neighborhood (RS Zones). Main Concern: The city will pass an ordinance in direct conflict with the neighborhood covenants which prohibits the raising of poultry and cause an obvious dilemma . Party 2: Those who want to raise chickens . Main Concerns: 1) Open up more areas for raising chickens . 2) The regulations that were discussed at the last work session were overkill. Party 3: The City of Kenai Main Concern : Having a provision for a Conditional Use Permit for smaller lots would become a budgetary problem to administer. I have come up two options that address the concerns of each party as follows: Page 1 of 3 Page 159 Option 1: Amend the proposed ordinance to prohibit the raising of chickens in RS Zones (Suburban Residential) and open up more area in the RR Zone (Rural Residential) for raising chickens as follows: Please amend Section 1, part (b) to read as follows: (b) No livestock shall be allowed in the RS, RU, RS1 , RS2, TSH, and ALI zones. Please amend Section 1, part (h) to read as follows: (h) The keeping of chickens hens on lots less than 40,000 square feet is allowed, except in the RS, RU , RS1, RS2, TSH and ALI zoning districts, subject to the following standards ... : Results of Option 1: Excepting the RS zone (Suburban Residential) from Sections (b) and (h) of the ordinance will avoid a conflict with neighborhood covenants that prohibit the raising of poultry and save the city from causing an obvious conflict with our covenants. And because the RR Zone (Rural Residential) is not included in Section (h) it will lower the threshold for raising chickens in the RR Zone from lots that are 40,000 s.f. or greater to lots that are less than 40,000 s.f. The RR Zone accounts for 72% of Kenai's total land mass and is well suited for raising chickens and livestock while the RS Zone was never intended for this kind of impact. Lots in the RR Zone would need few regulations as they are generally large enough and rural enough to provide natural buffers and practical setbacks to protect neighboring properties. Option 1 would seem to be a reasonable compromise as it would uphold the covenants in our RS Zoned neighborhoods while allowing more lots in the RR Zone to raise chickens. Option 2 : Amend the proposed ordinance to establish a minimum lot size of 20 ,000 s.f. to raise chickens. Also strike the provision for a conditional use permit. Lots that are 20,000 s.f. or greater would need few regulations as they are large enough to provide natural buffers and practical setbacks to protect neighboring properties . Please amend Section 1, part (h) to read as follows: (h) The keeping of chickens hens shall be allowed on lots 20,000 square feet or greater, subject to the following standards ... : The results of Option B for each party would be this: Page 2 of 3 Party 1: For those who don 't want chickens this will avoid a conflict with the covenants that prohibit poultry in their subdivision . Party 2: For those who want to raise chickens this would add an additional 617 lots for raising chickens . Option B would increase the number of lots to raise chickens from 1,384 lots (28%) to 2001 lots (41 %). Party 3: Striking the provision for a conditional use permit will avoid a budgetary problem for the city to administer. Option B will also save the city from promoting an ordinance that is in direct conflict with neighborhood covenants . Page 160 Both Options A and B address the main concerns that were expressed at the February 8, 20P P&Z work session and would be a win-win-win for each party. Both Options A and B also make sensible use of the current zoning districts in a way they were intended to be used . Bob Molloy's letter of February 15, 2023, which is in this packet, also outlines the intent of our residential zoning districts and how to use them in a way they were intended to be used. Sincerely , d~a.~ Daniel A. Canetta Page 3 of 3 From:Brittany Anderson To:City Clerk Subject:Regarding Chickens in Kenai Date:Thursday, February 16, 2023 3:55:54 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, my name is Brittany. I'm an Alaskan resident born and raised. Chickens are source of food for people. Not to mention how great Chickens can be for the land and farming. I'm a definite YES to allowing the people of Kenai to keep Chickens within City Limits. Especially if it can't be provided locally by a store. There should be no reason for Alaskans not to be allowed to keep Chickens. Thanks so much! Get Outlook for iOS Page 161 February 22, 2023 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Planning & Zoning Commission, City Council, and Mayor Gabriel, Subject: Opposition to Ordinance No. 3332-2023 Opposition to chickens being raised in RS Zones like the Woodland Subdivision I live in the Woodland Subdivision and I am opposed to the raising of chickens in our neighborhood. The zoning for our neighborhood was never intended for raising chickens and I would like the city to uphold that intent. There are other zoning districts that are better suited for raising chickens like the RR Zone (Rural Residential). I urge the city to NOT pass this ordinance as it would fundamentally change the character and integrity of our peaceful neighborhood. Sincerely, Carolyn McGee Page 1 of 1 Page 162 Page 163 February 23, 2023 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Kenai City Council and Mayor Gabriel , Subject: Opposition to Ordinance No . 3332-2023, as written Opposition to chickens being ra ised in RS Zones like the Wood land Subd ivision I feel that any ordinance that allows for the raising of chickens in RS Zones like the Woodland Subdivision is a violation of public trust. And here's why : When I bought my house in 1988 I trusted the covenants to protect the values and integrity of the Woodland Subdivision and I trusted our City to honor those covenants . The covenants for Woodland expressly prohibits the raising of poultry. We understand that the city does not enforce covenants but we're not asking the city to enforce the covenants but instead we 're asking the city to not pass an ordinance that they know is in direct conflict with our property rights. Passing an ordinance that undermines our covenants will cause an obvious dilemma as it provides an avenue to violate our covenants. I urge the City to comply with our covenants and not undermine the property rights that have been established for our residential neighborhoods. This ordinance, as written, violates the covenants of at least 8 Subdivisions and more than 900 lots. (See letter of February 13, 2023 by Kristine Schmidt included in this packet) Fortunately , at the February 22 , 2023 Planning & Zoning Commission meeting several amendments were made to the ordinance . The most significant amendment was Motion No. 2 which would prohibit the keeping of chickens in the RS Zone (Suburban Residential). This one amendment alone would resolve many of the problems assoc iated with this ordinance and the angst it has caused for many homeowners. I strongly urge the City Council to accept and enact this amendment as the P&Z Motion No . 2 passed by a vote of 5 to 1. This amendment would uphold the covenants in our RS Zoned neighborhoods while protecting the character and integrity of the Woodland Subdivision. This amendment would also save the city from causing an obvious conflict with our covenants. PS : Bob Molloy's letter of February 15, 2023 in this packet outlines the intent of our residential zoning districts and how they were intended to be used. I urge the city to comply with this intent and uphold the P&Z amendment that prohibits the keeping of chickens in the RS Zones . Sincerely, dtvn-tda . ~ Daniel A. Canetta Page 164 February 23, 2023 Mayor Gabriel and Kena i City Council City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Re: Opposition to Ordinance No. 3332-2023 My husband and I are opposed to the passage of Ordinance No. 3332-2023 as is. We agree with the Planning and Zoning Commission's recommendation to prohibit the keeping of chickens in the RS Zone, like the other residential RS-1 and RS-2 Zones . Two of our previous letters on this issue are included i n the packet for you r consideration . would like to emphas i ze a few key points. 1. When we purchased our home i n Woodland Subdivis ion in 1988, as responsible home buyers, we read the covenan t s and t h e RS zon i ng code. We think most homeowners affected by this ordinance bought the i r property knowing that chickens were not a permitted l and use and had an expectation that their neighbors wouldn't have chickens either. 2. Our modest home (10,170 sq .ft. lot) i s on a cul -de-sac situated whe r e we can see six of our neighbors' back yards . Having livestock such as ch i ckens in densely populated zones on small lots without adequate buffer affects other properties. Passage of th is ordinance will drama t ically change the residentia l characte r of our neighborhood. For nearly three years we 've witnessed b latant vio lation of the terms of our neighbor's 2020 Livestock Permit for Chickens. If the current laws can't be managed, new and broader allowances won't be enforced either. 3. Ch i ckens are a pu bl i c nuisance and a disturbance i n a densely populated subd ivision. We prefer to enjoy our front, side and ou r back yard without a dozen or more chickens cackling when the FedEx truck shows up or someone walks by, not to mention the squawking as they lay eggs. Contrary to what this proposed ordinance says , these sounds do constitute a public nuisance and a disturbance. 1 Page 165 4 . This ordinance, as written, would severely limit the number of properties for residents who don't want to reside near chickens. As Kenai taxpayers, we feel enough city resources have been spent on this issue. We don't want any chickens adjacent to us. We should not be forced to live next door to chickens. Enforcement of the keeping of chickens parameters in this ordinance should not be complaint driven and the responsibility of the neighbors . Please support the Planning and Zoning Commission's recommendation to prohibit the keeping of chickens in the RS Zone, like the other residential RS-1 and RS-2 Zones. Again, thank you for your consideration in this matter. e~ ,;; i l, . /. · "})Av--t. ~~ Kim and Dave Howard P.O. Box 2823 703 Poplar Circle Kenai, AK 99611 2 Page 166 IF THIS CHICKEN FIASCO PASSES, I HOPE/BELIEVE MY BELOVED WOODLAND SUBDIVISION WILL BE EXEMPT DUE TO ITS PROTECTIVE COVENANTS. PERHAPS SOME DAY WE'LL SEE THIS SIGN AT THE WOODLAND SUBDIVISION ENTRANCE: WELCOME TO WOODLAND ESTATES A CERTIFIED 'CHICKEN-FREE' SANCTUARY! ONE OF ONLY A FEW CHICKEN-FREE NEIGHBORHOODS INTHE CITY OF KENAI Page 167 IF THEY HAVE A VOTE THEY HAVE A VOICE! 22 Pilate responded, "Then what should I do with Jesus who is called the Messiah?" They shouted back, "Crucify him!" 23 "Why?" Pilate demanded. "What crime has he committed?" But the mob roared even louder, "Crucify him!" So what is the point? As Cou ncil Members, don't allow the 'mob' who may appear at City Council meetings to unduly influence your good judgement. Don't allow the ir numbers, their over-enthusiasm, their attempts to tug at your heartstrings, their over-exaggerations--their 'shouts'--to steer you into making a rash decision. Don't allow the horde to 'crucify' the City of Kenai. Keep in mind, the City Council page on t he City of Kenai website lists four ways for residents to participate in Council meetings: in-person, telephonically, virtually, and via written testimony. Of those four options, only one is specifically encouraged: written testimony. Many constituents, like myself, who would otherwise appear in-person at City Council meetings, instead provide written testimony because--once again--written testimony is specifically encouraged. As Council Members, your charge is to keep that in mind; to carefully read and consider all written testimony, and not allow yourself to be overly-swayed by more immediate forms of communication . Having said all that, I now say this: It's a travesty having as few as four City Council Members being able to decide on a matter of such great import to the City and its residents based on the input of a small fraction of the entire population who decide to participate in Council Meetings via oral and/or written testimony. It is a farce to allow these few Members ' human failings--human failings we all possess--their personal prejudices, their arbitrariness, there capriciousness, along with their possibly misinformed judgement to--with little notice and in the dead of winter--decide on a matter having such a potentially tremendous impact on the City. Don't allow as few as four people to hang an albatross around the City's neck, an albatross that could stink up the City for years. Instead, let We the People decide on this matter of import via a referendum vote! In the words of Counc il Member Teea W inger: I don't think renters or owners should have a different weight, when all our [sic] residents of Kenai. It's kind of like saying only property owners should get to vote in Kenai and we know that's not how that works. If they have a vote they have a voice . Page 168 Council Member Teea Winger: IF THEY HAVE A VOTE THEY HAVE A VOICE I agree with Council Member Winger: LET WE THE PEOPLE DECIDE VIA REFERENDUM VOTE C:i 1 Page 169 Carol Lease Freas Sarah Rigsby I believe flames are being fanned related to "homeowners opposing" the ordinance. I believe reference to the "maj o rity of homeowners"is of those homeowners who tes ti fied , either in perso n, in writing, or both, opposing the ordinance. Not all homeowners in Woodland have stated their feelings about the ord inance. It would be fa ir to say that the homeowners, aka prope rty owners in Woodland (or other areas of the city this ord inance covers) perhaps have more of a bone in the discussion because, as a property owner, they are pay i ng property taxes that support the city to provide the amenities we have . Renters, certainly not to be slighted, do not pay prope rty taxes. I again urge you to go on lin e to the city's webs ite (or contact the city cle r k's office and request cop ies of the information) and read the ordinance, the t est im ony provided by all those who submitted it, meeting minutes, etc. to get a full picture of the issue. Po i nts have been made on both sides. Attend meetings, provide comments whether written or in person (keep the comments to the point (you have three minutes) and polite. We all have the right to speak and have opinions . Like Reply Sd (!} Bill Vedders Carol Lease Freas renters most definitely pay property taxes. Taxes are figured into rents and renters pay property taxes indirectly. Teea Winger Bill Vedders I don't th i nk rent ers or owners should have a d ifferent weight, when all our res idents of Kenai. It 's kind of l ike saying only property owners should get to vote in Kena i and we know that's not how that works. If they have a vote they have a voice . ~ Carol Lease Freas Bill Vedders good point, though there may be a difference between the amount figured into a rent price and what the property owner actually pays, but a good point. Like Reply 3d @ Bill Vedders Carol Lease Freas all corporate taxes are passed through to the customer. Like Reply 3d Tania Cazares Chuisa Chapman Like Reply Sd Page 170 Fun Facts: I live next door to the smallest lot in the entire Woodland Subdivision at 7,288 sq ft. My lot, at 7,350 sq ft is the second smallest in Woodland. The largest lot contiguous to my lot is 11,278 sq ft. I share a corner post with four other lots . That's five lots sharing one corner post. From my backyard I have a view of six backyards besides my own. Yes, I said six. Six backyards with only six chickens per backyard equals 36 chicken hens. That's a lot of those adorable little mother hens I may have to be putting up with. ---- Page 171 CHICKENS ARE ABOVE PEOPLE IN THE PECKING ORDER If you insist on going forward with the Ordinance 3332-2023 nightmare, one thing you absolutely must do is completely eliminate the addition to the code which reads as follows: KMC 3.10.070 (h)(B) The keeping of chicken hens must be consistent with terms of this title and does not in or of itself constitute a nuisance or a disturbance . Ask yourself: Why does Ordinance 3332 -2023 contain two additions addressing chickens as a potential nuisance? Why isn't KMC 3.10.070 (h)(7) good enough? Why is KMC 3.10.070 (h)(S) included? It is an indisputable fact that chicken hens --in or of themselves --are a 'wild animal attractant'; therefore the replacement of the term 'chicken hens' with the term 'wild animal attractant' in the Ordinance is not inconsistent with the Ordinance's meaning and intent. So, if the keeping of a wild animal attractant (aka chicken hens) in or of itself can not be considered as constituting a nuisance, then whenever chicken hens attract wild predators to the neighborhood--as they surely will--and when those wild predators end up placing children and old folks in danger--as they surely will--then the obvious remedy to the problem --the removal of the innocent, but nonetheless problematic chickens cannot be an option because of this proposed addition. Thus we end up with chickens being above people in the 'pecking order'. This is what we'll end up getting by retaining KMC 3.10.070 (h)(S). l f\J Page 172 HOUSE FOR SALE House For Sale: This cozy Woodland Subdivision home on a cozy lot has chicken coops on both sides of it! City living at its best! Won't be on the market for long! One year later: House For Sale: Yet another drastic price reduction on this lovely Woodland Subdivision home!!! Wake up to the full-throated 'egg songs' coming from the chicken coops on both sides of you!!! Page 173 HENS ARE LOUDER THAN ROOSTERS The Chicken Pro Noted chicken pro, chicken expert, chicken specialist, chicken educator, chicken aficionado, and former r\j Livestock {Chickens) Permit holder on Poplar Circle in Kena i's once exclusive Woodland Subdivision--Lisa (\{") Marie Hansen--knows chickens! l'(\ 0f'\ How 'noted' is she? She's this noted: • District 6 Director at The Marans {Chickens) Club • Last Frontier Poultry Association • Alaska State Representative -District 8 at Serama (Chickens) Council of North America • Member & Ambassador at American Poultry Association • Breeder & Member at The Livestock Conservancy All of the above is accessible on Lisa's public Face book Page. So--when Lisa talks chickens, everyone can rest assured she knows what she's talking about! Now that I have established her 'bono /ides', let's hear what chicken expert Lisa has to say about the level of noise chicken hens make in comparison with the level of noise chicken roosters make. Quoted from her original Woodland Subdivision Facebook reply to Sarah Rigsby: I mean "egg songs" by hens can be just as loud if not louder than rooster crows. However folks just need to accept animals make noise ... Chicken pro Lisa unequivocally states here that chicken hens can be louder than chicken roosters. I personally can attest to that fact--having heard with my own ears and on more than one occasion Lisa's chickens in their full-throated 'egg song' cacophonic ruckus! The Ordinance 3332-2023 Exclusion Ordinance 3332-2023, if enacted into law, will allow chicken hens on lots less than 40,000 sq ft but wi ll continue to forbid chicken roosters on lots less than 40,000 sq ft . Why do roosters remain unwelcome? The consensus is that roosters can disturb the peace and tranquility of a neighborhood by the loudness of their crowing. He nce , the continued ban. Page 174 The Conundrum If roosters are banned because they're too loud, but hens --who--according to chicken expert Lisa Hansen--can get even louder--are not banned, then something is amiss. The Logic To a disinterested third party the inconsistency should be clear: If chicken roosters are banned because of noise, then, ipso facto, chicken hens--who are even noisier--must a Isa be banned. The Elephant in the Room The term 'elephant in the room' defined: a major problem or controversial issue that is obviously present but avoided as a subject for discussion because it is more comfortable to do so. Some people may be avoiding the hen noise vs. rooster noise discussion because of the major problem it presents; it is more convenient to pretend 'the elephant in the room' doesn't exist. And so that is what they do. The Cognitive Dissonance When it comes to the rooster noise versus hen noise conflict, an uncomfortable state of mind may arise among those P&Z Commissioners and City Council Members who take their role seriously and decide to face the issue head-on. logically, they know that if roosters are banned because of noise, then hens, who are noisier according to chicken expert Lisa Hansen, must also be banned. Yet their presupposition is that roosters are loud er than hens . Thus the mental conflict --the cognitive dissonance --that occurs when tackling the hen noise/rooster noise issue. The Solution On the one hand there is a long-held preconception--roosters are louder than hens. On the other hand there is expert testimony that hens are louder than roosters. The conflict cannot go unaddressed; it has to be faced up to, and let the chips fall where they may. Not being experts, one must defer to the expert; the preconception must be allowed to morph into a misconception. The Decision A hard decis ion must be made. Log ic must prevail. The expert must be given her due. Misconceptions must be cast aside. Egos must be deflated a bit. The right thing must be done: Roosters are banned because they can get too loud so Hens must be banned because they can get even louder Page 175 Kelsey Robertson I got eggs at Walmart i selection but the prices Like Reply 3w Carly MacDonald $6? Loi more li ke $10 Like Reply 3w O 3 Sarah Rigsby ,$E ny t ank goodness. ve a lim ited People need to get on board with chickens t y are not that bad unless y u have roosters honestly like Reply 3w Lisa Marie Hansen Sarah Rigsby I mean "egg songs~ by hens can be just as loud if not louder than rooster crows. However folks just need to accept animals make noise . Dogs bark, cats meow, etc. these are natural noises. Folks have become so desensitized by what used to be normal. Back in the day almost every backyard had a garden and chickens. Like Reply 3w Miranda Martin They're even more expensive if you want the cage free, ranch ra i sed call it) kind. __ __._ ___ -.:.__ Like Reply 3w Carny Snyder ~ -~. Like Reply Jw Sean Seyler Walmart th i s evening. 4 s Like Re p ly 3w • .. 3 Phoebe Ruiz -., It's the city people that move he re that don ' s. They apparently don 't know Alaska i s a survival state an some point we will have l iv e SIDC1<-t:~ properties Li ke Reply 44m t. 2 o-F Page 105 Page 176 WHY I LOVE MY WOODLAND SUBDIVISION COVENANTS! My Covenants : • Are registered with the State of Alaska • Are a part of my property Deed • Run w ith the land in perpetuity • Can only be changed by a majority vote of the property owners • Allow me to engage in legal proceedings to enforce them • Prohibit the keeping of poultry • Can not be nullified by the City of Kenai THAT'S WHY I LOVE MY WOODLAND SUBDIVISION COVENANTS! Page 177 COUNCIL MEMBERS WINGER AND DOUTHIT HAVE VIOLATED THE PUBLIC TRUST Instead of acting with restraint--like their fellow City Council Members--Teea Winger and Alex Douthit are vocal cheerleaders on the pro -chicken side. By their actions {see attached), Winger and Douthit demonstrate they are negligent in their obligation to a large number if not a majority of their constituents . As at-large Council Members, their charge is to provide impartial representation to their constituents, yet that is clearly not happening. Question : How does a responsible pro-or anti-chicken Council Member impartially represent their pro-and anti-chicken constituents? Answer: By urging BOTH pro-and anti-chicken people to let their voices be heard at City Council meetings, in letters to the editor, etc . It really is that simple . Unfortunately these two self-interested politicians are actively seeking out ONLY pro -chicken voices to write testimony and appear at the P&Z and KCC meetings. There is nothing wrong with being a pro -or anti-chicken Council Member, and letting your constituents know your stance via newspaper editorial or Facebook comments, etc ., but when you are actively 'rallying the troops' for one side over the other, you have crossed a line--you have reneged on your commitment to represent all Kenai City residents. It is 'conduct unbecoming.' Winger and Douthit, by their actions: Foster mistrust in city government Divide and polarize our city Make them unfit to hold public office Page 1782/22/23, 7 :40 PM (3) Woodland Subdivision Community I Facebook Q Woodland Subdivision Community Q teea winger Teea Winger 2 mutual friends Alex Douthit for Kenai City Council February 8 at 8:07 PM · 0 A dd fr iend If you own a property i n Kenai and are in favor of be ing able to possibly have a few chicke ns In your back yard please come and testify at the next p&z on February 22nd and council meeting on March 1st. At least please send an email to the city clerk! The couple people that keep testifying against it are saying that nobody that owns the i r home is in favor of this . Like ■ Comment ■ Send Holly Ward February 1 at 10:00 PM • 6 Thank you to our ne ighbors who voiced their opinions ton ight on the city chicken ordinance. I apprec iated hearing both concerns and supporti ng v iews and having healthy conversat ions . ■ Like ■ Co m ment Q Hansen Heritage Homestead v Janua,y9 e 38 comments Send Great news ;;; · c for all those livi ng here in our subdivision who was/are wanting a few backyard chickens ! The City of Kenai is holding a meeting about changing the City Ord inance to allowi ng folks to have a max imum of 12 chicken hens (no permit needed)! 1.,;, That means that even if your lot is small you can have some chickens! What a great wi n for the people, especially w ith food security be i ng an i ssue! There should be an upcom ing meeting Feb . 1st. for the public to comment. ... See more -);;: feel ing del ighted . vest s (AO m1msITT1uon1 ~ 'Ordinance No . 3332·2023 -Amending Konal Municipal Code Seclion 3.10.0 70-Liveslock with in the City L,m,ts, to Al low a Ma,clmum ol Twetvo (12) Chlckon Hens lo b e l<e pt o n Cert., n I •-a ,..._ ... t,t,.--"""-"'"'r,•••--r ............ ~t-~-,-.: •-'''•--1 ,·,-.. .... 1,.~\ 2 0 Teea Winger .;.~ 2 mutual friends : Sheryl Main and Lindsay Ouniphin Add Friend O Message 3 .___I____. https://www.facebook .com/groups/448847035266975/search?q=teea winger&filters =eyJycF9jaHJvbm9fc29ydDowljoie1wibmFtZVwi0IwiY2hyb25vc29 ... Page 179 Entoni Deaz Following Teea Winger Hi everyone j ust an update the plann i ng and zoning had a work sess ion last n igh t and will cont inue to work on t h is aga i n Feb 22nd and it will be vo t ed on by counc il March 1st. You have 5 ne ighbors heavily oppos i ng this ordinance, who have friends who serve on both bod ies. The repeated opposed testimony is they don't want chickens and those supporting ch ickens are not property owners. It's important now more than ever we hear from you all aga in ! Please AGAIN email cityclerk@kenai.city to be included in publ ic comments and forward to all counc il, let us know if you OWN the property and support the original ordinance allowing 12hens. Alex and I appreciate your support. •v 1w Phoebe Ruiz ., Teea Winger my husband will be there again !! Unfortunately I will not be again it was a little much for our kiddos but he 'll be there for both of us!! Teea Winger Phoebe Ruiz thank you, can you dm me to let me know your address, if you own or rent, and the lot size. Alex and I won't share but we're hav ing to use this info in argument Phoebe Ruiz i> Teea Winger yes of course Like Reply 1w 0 Toni Reitter iP Teea Winger I PMed you the the other day about some concerns. Like Rep ly lw 0 Teea Winger Toni Reitter thanks for letti ng me know I'll go check my others box . Like Reply 1w «) Nad ia Nichole Teea Winger I am sending you a PM Like Reply 1w Reply to Teea Winger ... ••••• --- Page 180 Teea Winger This will be heard th i s Wednesday 6pm @ City Hall. I encourage you to ema il cityclerk@kenai .city, attend via zoom, or come in person . We've got a lot of Woodland neighbors heavily opposing the passage of th is ord i nance. We need the support to be heard !! Holly Ward Adm i n Group expert +2 Teea Winger thank you ! Like Reply 2w 0 Bre Hamman Teea Winger thank you for the reminder, I ave sent an email in support. Lilce Reply 2w Quaella Leah Where is th is meeting be ing held? Li ke Rep ly 2w 0 Teea Winger Quaella Leah this Wednesday 6pm@ Ke Like Reply 2w Lisa Marie Hansen Quaella Leah 2 10 Fi ldalgo Ave (behind post office) Like Reply 2w 0 2 i City Hall 0 lice department and kind of across from 0 ·--- Page 182PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MARCH 1, 2023 VENDOR PERS REBORN AGAIN JANITORIAL ENSTAR NATURAL GAS INVESTMENTS VENDOR DESCRIPTION PERS FEBRUARY SERVICES GAS USAGE DESCRIPTION DEPARTMENT VARIOUS AIRPORT VARIOUS MATURITY DATE ACCOUNT AMOUNT LIABILITY 101,392.77 REPAIR & MAINTENANCE 4,231 .25 UTILITIES 38 ,769.94 AMOUNT Effect. Int. MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Shellie Saner, City Clerk DATE: February 22, 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 a 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 the AMCO Board and applicant. Your consideration is appreciated. Page 183 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai.city Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 13, 2023 City of Kenai / Kenai Peninsula Borough Via email: jblankenship@kpb.us;micheleturner@kpb.us;jratky@kpb.us; assemblyclerk@kpb.us; mjenkins@kpb.us; maldridge@kpb.us; slopez@kpb.us; ncarver@kpb.us; jvanhoose@kpb.us; bcarter@kpb.us ; cityclerk@kenai.city 13382 Retail Marijuana Store EAST RIP Kenai (City of) Kenai Peninsula Borough 14432 Marijuana Product Manufacturing Facility HERBAN EXTRACTS, LLC Kenai (City of) Kenai Peninsula Borough 15393 Retail Marijuana Store MAJESTIC GARDENS LLC Kenai (City of) Kenai Peninsula Borough 15395 Standard Marijuana Cultivation Facility MAJESTIC GARDENS LLC Kenai (City of) Kenai Peninsula Borough 16474 Limited Marijuana Cultivation Facility GRATEFUL BUD LLC Kenai (City of) Kenai Peninsula Borough 17808 Retail Marijuana Store KENAI RIVER CANNABIS Kenai (City of) Kenai Peninsula Borough ☒ License Renewal Application (no OCE in this list) ☐ Endorsement Renewal Application 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 Page 184 H E STATE 01ALASKA GOVERNOR MIKE DU LEAVY 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 Page 185 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 1/13/2023 5:40:20 PM (Form Submission) Approve by Jeremy Hamilton 1/13/2023 5:43:34 PM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:40:20 PM Approve by Donald Hendrickson 1/17/2023 9:13:08 AM (Building Official Review) Final Inspection for Building Permit completed and Cert Of Occupancy Issued 1/16/2023. All Building Official actions are up to date. The task was assigned to Donald Hendrickson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:40:21 PM Approve by David Ross 1/16/2023 5:48:22 PM (Police Department Review) The task was assigned to David Ross. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:40:21 PM Approve by Tina Williamson 1/13/2023 5:47:21 PM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:40:21 PM Approve by Cindy Herr 1/16/2023 12:35:16 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: January 24, 2023 5:00 PM 1/13/2023 5:40:21 PM Approve by Linda Mitchell 2/16/2023 5:18:13 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:40:22 PM Approve by Terry Eubank 2/17/2023 1:45:54 PM (Finance Review) The task was assigned to Terry Eubank. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:18:14 PM Approve by Scott Bloom 2/16/2023 5:19:10 PM (Legal Review) The task was assigned to Scott Bloom. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:18:15 PM Approve by Linda Mitchell 2/16/2023 5:23:30 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:18:15 PM Page 186 • • 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 1/13/2023 Establishment Information Retail Marijuana Store Cook Inlet Cannabis Co. East Rip 10767 Kenai Spur Hwy, Suite D Kenai, AK Contact Information Ryan Tunseth 907-398-1233 ryan@east-rip.com Additional Contact Information Documents 13382 Entity Documents.pdf 3.53MB 13382 MJ20 Renewal App Cert x 1.pdf 164.07KB 13382 Online Application_Redacted.pdf 149.94KB 13382 POPPP.pdf 3.72MB Page 187 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 Page 188 Page 189Alcohol and Marijuana Contro~ 550 W 7'f' Avenue, SUit~ ..... ___ _. Anchorage, AK 99501 mariluana.rr cens ing@ala ska.go v https;//www.commerce.alaska.gov/web/amco Alaska Marijuana Control Board Phone: 907 .269.0350 Form MJ-20: 2022-2023 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)(lJ) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This fonn must be completed and submitted to AMCO's Anchorage office bv eadl licensee (as defined In 3 AAC 306.020(bl(2)) before any license renewal appllcatlon wlll be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment as identified on the license application Ucensee: Cook Inlet Cannabis Co. I Ucense Number: 113382 Ucense Type: Retail Marijuana Store Doing Business As: East Rip Premises Address: 10767 Kenai Spur Hwy, Suite D City: Kenai I state: I Alaska I ZIP: 199611 Section 2 -lndlvtdual Information E • fo -fo th . d" "d I r nter ,n rmation r e ,n 1vi ua 1censee w o 1s comp1 et1ng IS h . I • th" fo rm. Name: Ryan Tunseth Title: Director, President, Secretary, Shareholder, Treasurer Section 3 -Vlolatlons & Charges Read each line below, and then sip your lnttlals In the box to the rflht 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. ~ your Initials to the following statement onlv If .,..,., are unable to certw., one or more of the above statements: I have attached a written explanation for whv 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). [Fann MJ-ZO] (rev 4/19/2022) Initials Initials Pagelof2 Page 190 A 0 Alaska Marijuana Control Board Form MJ-20: 2022-2023 .Renewal Application Certifications Section 4 -Certification.a Read each line below, and then stan your inltlals In the box to the rfght 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. Initials I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or ~ other law fn 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 vlolated 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. By initialing this box, I certify I have submitted an original fingerprint card and the applicable fees to AMCO for AMCO to obtain aiminal justice information and a national aiminal 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. 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 Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Ryan Tunseth Printed name of licensee Signature of licensee [Form MJ-20) (rev 4/19/20221 Ucense# 13382 PageZofZ 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Acting Borough Clerk Office of the Borough Clerk January 18, 2023 Sent via email: cityclerk@kenai.city City of Kenai Kenai City Hall 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 Acting Borough Clerk cc: ryan@east-rip.com amco.localgovernmentonly@alaska.gov MT/jr Page 191 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Shellie Saner, City Clerk DATE: February 22, 2023 SUBJECT: Marijuana License Renewal - Herban Extracts LLC The following establishment submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of a marijuana license: Applicant: Herban Extracts LLC. D/B/A: Herban Extracts LLC. License Type: Marijuana Product Manufacturing Facility License No: 14432 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 the AMCO Board and applicant. Your consideration is appreciated. Page 192 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai.city Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 13, 2023 City of Kenai / Kenai Peninsula Borough Via email: jblankenship@kpb.us;micheleturner@kpb.us;jratky@kpb.us; assemblyclerk@kpb.us; mjenkins@kpb.us; maldridge@kpb.us; slopez@kpb.us; ncarver@kpb.us; jvanhoose@kpb.us; bcarter@kpb.us ; cityclerk@kenai.city 13382 Retail Marijuana Store EAST RIP Kenai (City of) Kenai Peninsula Borough 14432 Marijuana Product Manufacturing Facility HERBAN EXTRACTS, LLC Kenai (City of) Kenai Peninsula Borough 15393 Retail Marijuana Store MAJESTIC GARDENS LLC Kenai (City of) Kenai Peninsula Borough 15395 Standard Marijuana Cultivation Facility MAJESTIC GARDENS LLC Kenai (City of) Kenai Peninsula Borough 16474 Limited Marijuana Cultivation Facility GRATEFUL BUD LLC Kenai (City of) Kenai Peninsula Borough 17808 Retail Marijuana Store KENAI RIVER CANNABIS Kenai (City of) Kenai Peninsula Borough ☒ License Renewal Application (no OCE in this list) ☐ Endorsement Renewal Application 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 Page 193 H E STATE 01ALASKA GOVERNOR MIKE DU LEAVY 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 Page 194 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 1/13/2023 5:44:23 PM (Form Submission) Approve by Jeremy Hamilton 1/26/2023 11:47:55 AM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:44:23 PM Approve by Donald Hendrickson 1/17/2023 9:24:41 AM (Building Official Review) All Building Official requirements are up to date. C/O issued June 1st 2021 The task was assigned to Donald Hendrickson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:44:24 PM Approve by David Ross 1/16/2023 5:57:40 PM (Police Department Review) The task was assigned to David Ross. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:44:24 PM Approve by Tina Williamson 1/13/2023 5:46:04 PM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:44:24 PM Approve by Cindy Herr 1/16/2023 12:37:47 PM (Legal Asst Review) No monies owed in restitution or traffic fines. The task was assigned to Cindy Herr. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:44:24 PM Approve by Linda Mitchell 2/16/2023 5:44:05 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:44:24 PM Approve by Terry Eubank 2/17/2023 1:44:52 PM (Finance Review) The task was assigned to Terry Eubank. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:44:06 PM Approve by Scott Bloom 2/17/2023 9:09:49 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:44:06 PM Approve by Linda Mitchell 2/21/2023 3:44:14 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:44:07 PM Page 195 • • 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 1/13/2023 Establishment Information Marijuana Product Manufacturing Facility Herban Extracts, LLC Herban Extracts, LLC 14927 Kenai Spur Hwy Kenai, AK Contact Information Buddy Crowder 907-252-4755 buddy@907maryjane.com Additional Contact Information Documents 14432 Entity Documents.pdf 3.42MB 14432 MJ20 Renewal App Cert x 2 .pdf 2.66MB 14432 Online Application_Redacted.pdf 152.71KB 14432 POPPP rev.pdf 2.97MB Page 196 Page 197 AMCO Alcohol a11d Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 ma rl juana.llcensing@4laska.gov https.:ljwww.c.ommerce.alaska .gov[web/amco Alaska Marijuana Control Board Phone: 907 .269.0350 Form MJ-20: 2022-2023 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 marij uana establ ishment 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 ind irect financial interest (as defined in 3 AAC 306 .0lS(e)Cl)) 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)(ZI) before any license renewal application will be consid•red complete. Section 1 -Establishment Information f Enter in ormat1on or t e icense esta is ment, as I ent1 ,e on t e 1cense acohcat,on. f h I d bl h h I' "d ·r, d Licensee: Herban Extracts, LLC I Ucense Number: I 14432 License Type: Marijuana Product Manufacturing Facility Doing Business As: Herban Extracts, LLC Premises Address: 14927 Kenai Spur Highway City: Kenai j stste: I Alaska I ZIP: !99611 Section 2 -Individual lnforMatlon . f Enter in ormat1on ort em 1vi ua 1censee w o 1s completing t 1s orm. h . d" d I I' h . I . h. f Name: Buddy Crowder Title: Manager/Member Section 3 -Violations & Charges Read each line below, and then sign your initials In the bo11 to the right of ani aeeHcabie statements: 1 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 i n the previous two calendar years . I certify that a noti ce of violation has not been issued for this license. Sign your initials to the following statement onlv if you are unable to certify one or more of the abon statements: I have attached a written explanation for why I cannot certify one or more of th~ above statements, which Includes the type of violation or offense, as required under 3 AAC 306.035(b). [Form MJ-20] (rev 4/19/2022) Initials Initials Page 1of2 AMCO eceived 6/8tio22 Page 198 A 1t 'O Alaska Marijuana Control Board Form MJ-20: 2022-2023 Renewal Application Certifications Section 4 -Certifications Read each line below, and then siRn 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 .0lSle)(l), in the business for which the marijuana estab li shment license has been issued. I certify that I meet the residency requirement under AS 43 ,23 or I have submitted a residency exception affidaYlt (MJ -20a) along with this application . I certify that th i s establ ishmen:t 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 l n accordance with the opera ting plan currently approved by the Marijuana Control Board . I certify that I am operating in compliance w i th the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certi fy 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 restrict ion Imposed by the Marijuana Control Board. By initialing this box, I certify I .have submitted 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 mariju ana licenses being renewed , 1 understand one fingerprint card and fee will suffice for all marijuana licenses be i ng renewed. 1::tlple """'" are held, 11 ,1 all 1;cense namber, below : Initials [a:] tzD ·&3c] M [1d 0d . D I hereby certify that I am the person here in named and subscribing to this application and that I have read th e complete @c:] appJicatJon, and I know the full content thereof. I decla re that all of the information conta ined herein, and ev idence or other documents submitted are true and correct . I understand that any fa lsi fi cation or misrepresentation of any item or response in this appl!cation, or any attach ment, 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 Statute 11.56 ,210 to falsify an application and commit the crime of unsworn falsification . Buddy Crowder Pr i nted name of licensee {Form MJ•ZO] (rev 4/19/2022) Ucense # 14432 Page 1 of2 AMCO Reae1v 6/8 /2022 Page 199 AMCO Alcoho l and Marijuana Cont rol Office 550 W 71~ Avenue, Suite 1600 Ancho rage , AK 99501 mar11uana .llcens1 cs@alaska .gov https:/Jwww .commerce alaska,so v/web/am,;g Alaska Marijuana Control Board Phone : 907 .269.0350 Form MJ--20: 2022-2023 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all mar ijuana establishment license renewal applications . Each person signing an applicat ion 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 ir,terest (as defined i n 3 AAC 306.0lS(el(l)) in the bus i ness 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 appllcation. Licensee: Herban Extracts, LLC I Ucanse Number: I 14432 License Type: Marijuana Product Manufacturing Facility Doing Business As: Herban Extracts, LLC Premises Address: 14927 Kenai Spur Highway City: Kenai [ state: l Alaska I ZIP: j99611 Section 2-Individual Information Enter in ormation or t e ,n ividua licensee w o Is completing t h . d h h' f 1s orm. Name: Lisa Coates Title: Manager/Member Sect ion 3 -Violations & Charges Read each line below, and then sign your initials In the box to the right of anx aeellcable statements: I certify that I have not been convicted of any cr i minal charge i n the previous two calendar years . I certify that I have not committed any ci vil violation of AS 04, AS 17 .38, or 3 AAC 306 in the previous two calendar years . I certify that a notice of viola tion has not been Issued for this license. Sign your Initials to the following statement only If you are unable to certify one or rnore 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 .03S(b). [Form MJ-20] (rev 4/19/2022) Initials □ Page lof2 Page 200_..., ,, .... , 'f, C'O Alaska Marijuana Control Board _.I' Form MJ-20: 2022-2023 Renewal Application Certifications Section 4 -Certifications Read each line below, and then sign your Initials in the box to the right of each statement: I certify that no person other than a llcensee listed on my marijuana establishment license renewat 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 tha operating plan currently approved by the Marijuana Control Board. I certify that I am operating in cotnpliance 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 vrolatlon of a condition or restriction Imposed by the Marijuana Control Board. Initials By initialing this box, I certify I have submitted an original fingerprint card and the applicable fees to AMCO for AMCO to □ obtaln criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.03Sjd). 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 l icense numbers betow: I hereby certify that I am the person herein named and subscribing to this applic~ion and that I have read the complete ID applicatlon, and I know the full content thereof. I declare th at all of the ir,formation contained herein, and evidence or other documents submitted are true and correct. I understand that anv falsification or misrepresentation of .any item or _ response in this application, or any attachment, or documents to support this applfcatlon, is sufficient grounds for denying or revoking a license/permit . I f urther understand that it is a Class A misdemeanor under Alaska Statute 11 .56.210 to falsify an appllcatlon and commit the crime of unsworn falsification. ~~ Lisa Coates Printed name of licensee [Forrn MJ-20] (rev 4/19/2022) Ui:ensell 14432 Page 1 of 2 I MC R~cf!ived 6/8 /20 '>2 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Acting Borough Clerk Office of the Borough Clerk January 17, 2023 Sent via email: cityclerk@kenai.city City of Kenai Kenai City Hall RE: Renewal Application for Marijuana Product Manufacturing Facility Business Name : Herban Extracts, LLC License Location : Kenai/14927 Kenai Spur Highway, Kenai, AK 99611 License No. : 14432 Dear Ms. 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 Acting Borough Clerk cc: buddy@907maryjane.com amco.localgovernmentonly@alaska.gov MT/jr Page 201 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Shellie Saner, City Clerk DATE: February 22, 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 a 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 the AMCO Board and applicant. Your consideration is appreciated. Page 202 City of Kenai I 210 !=id algo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 13, 2023 City of Kenai / Kenai Peninsula Borough Via email: jblankenship@kpb.us;micheleturner@kpb.us;jratky@kpb.us; assemblyclerk@kpb.us; mjenkins@kpb.us; maldridge@kpb.us; slopez@kpb.us; ncarver@kpb.us; jvanhoose@kpb.us; bcarter@kpb.us ; cityclerk@kenai.city 13382 Retail Marijuana Store EAST RIP Kenai (City of) Kenai Peninsula Borough 14432 Marijuana Product Manufacturing Facility HERBAN EXTRACTS, LLC Kenai (City of) Kenai Peninsula Borough 15393 Retail Marijuana Store MAJESTIC GARDENS LLC Kenai (City of) Kenai Peninsula Borough 15395 Standard Marijuana Cultivation Facility MAJESTIC GARDENS LLC Kenai (City of) Kenai Peninsula Borough 16474 Limited Marijuana Cultivation Facility GRATEFUL BUD LLC Kenai (City of) Kenai Peninsula Borough 17808 Retail Marijuana Store KENAI RIVER CANNABIS Kenai (City of) Kenai Peninsula Borough ☒ License Renewal Application (no OCE in this list) ☐ Endorsement Renewal Application 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 Page 203 H E STATE 01ALASKA GOVERNOR MIKE DU LEAVY 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 Page 204 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 1/13/2023 5:50:52 PM (Form Submission) Approve by Jeremy Hamilton 1/26/2023 11:55:41 AM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:50:52 PM Approve by Donald Hendrickson 1/17/2023 9:21:08 AM (Building Official Review) All Building Official requirements are up to date. C/O Issued 4/11/2019 The task was assigned to Donald Hendrickson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:50:52 PM Approve by David Ross 1/16/2023 5:55:58 PM (Police Department Review) The task was assigned to David Ross. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:50:53 PM Approve by Tina Williamson 1/16/2023 9:06:27 AM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:50:53 PM Approve by Cindy Herr 1/16/2023 12:38:44 PM (Legal Asst Review) No monies owed in restitution or traffic fines. The task was assigned to Cindy Herr. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:50:53 PM Approve by Linda Mitchell 2/16/2023 5:44:20 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:50:53 PM Approve by Terry Eubank 2/17/2023 1:44:34 PM (Finance Review) The task was assigned to Terry Eubank. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:44:21 PM Approve by Scott Bloom 2/17/2023 9:09:41 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:44:21 PM Approve by Linda Mitchell 2/21/2023 3:43:33 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:44:21 PM Page 205 • • 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 1/13/2023 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 Entity Docs.pdf 1.75MB 17808 MJ20 Renewal App Cert x 2.pdf 1.97MB 17808 Online Application_Redacted.pdf 114.12KB 17808 POPPP.pdf 940.83KB Page 206 AMCO Received 6/10/2022 Page 207 Alcohol and Marijuana CoCJ 550 W 7th Avenue, Anchorage, ma ri iuana .licensing@a laska .gov https :ljwww.co mmerce.alaska.gov/web/amco Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2022-2023 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 estab lishment 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(el(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 I License Number: I 17 808 License Type: Retail Marijuana Store Doing Business As: KENAI RIVER CANNABIS Premises Address: 14429 Kenai Spur Highway City: Kenai I State: [AK I ZIP: [99611 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, 2021 and June 30, 2022. 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 306.03S(b). [Form MJ-20) (rev 5/5/2022) In itia ls Initials □ Page 1 of 2 AMCO Received 6/10/2022 Page 208Alaska Marijuana Control Board Form MJ-20: 2022-2023 Renewal Application Certifications Section 4 -Certifications Read each line 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 renewa l 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. By initialing this box, I certify I have submitted 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 lice nses 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: Initials I hereby certify that I am the person herein named and subscribing to this application and that I have read .the complete [m application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or Cf 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 understa nd that it is a Class A misdemea nor under Alaska Statute 11.56.210 to fa lsify an application and commit the crime of unsworn falsification. Clint Pickarsky Printed name of licensee [Form MJ-ZO] (rev 5/5/2022) License# 17808 Page Z of Z 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Acting Borough Clerk Office of the Borough Clerk January 25, 2023 Sent via email: cityclerk@kenai.city City of Kenai Kenai City Hall 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 Acting Borough Clerk cc: kenairivercannabis@yahoo.com amco.localgovernmentonly@alaska.gov MT/jr Page 209 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Shellie Saner, City Clerk DATE: February 22, 2023 SUBJECT: Marijuana License Renewal - Majestic Gardens The following establishment submitted applications to the Alcohol and Marijuana Control Office (AMCO) for a renewal of marijuana licenses: Applicant: Majestic Gardens LLC. D/B/A: Majestic Gardens LLC. License Type: Retail Marijuana Store License No: 15393 License Type: Standard Marijuana Cultivation License No: 15395 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 the AMCO Board and applicant. Your consideration is appreciated. Page 210 City of Kenai I 210 !=id algo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 13, 2023 City of Kenai / Kenai Peninsula Borough Via email: jblankenship@kpb.us;micheleturner@kpb.us;jratky@kpb.us; assemblyclerk@kpb.us; mjenkins@kpb.us; maldridge@kpb.us; slopez@kpb.us; ncarver@kpb.us; jvanhoose@kpb.us; bcarter@kpb.us ; cityclerk@kenai.city 13382 Retail Marijuana Store EAST RIP Kenai (City of) Kenai Peninsula Borough 14432 Marijuana Product Manufacturing Facility HERBAN EXTRACTS, LLC Kenai (City of) Kenai Peninsula Borough 15393 Retail Marijuana Store MAJESTIC GARDENS LLC Kenai (City of) Kenai Peninsula Borough 15395 Standard Marijuana Cultivation Facility MAJESTIC GARDENS LLC Kenai (City of) Kenai Peninsula Borough 16474 Limited Marijuana Cultivation Facility GRATEFUL BUD LLC Kenai (City of) Kenai Peninsula Borough 17808 Retail Marijuana Store KENAI RIVER CANNABIS Kenai (City of) Kenai Peninsula Borough ☒ License Renewal Application (no OCE in this list) ☐ Endorsement Renewal Application 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 Page 211 H E STATE 01ALASKA GOVERNOR MIKE DU LEAVY 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 Page 212 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 1/13/2023 5:55:11 PM (Form Submission) Approve by Jeremy Hamilton 1/26/2023 11:55:29 AM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:55:12 PM Approve by Donald Hendrickson 2/23/2023 1:13:29 PM (Building Official Review) The task was assigned to Donald Hendrickson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:55:12 PM Approve by David Ross 1/16/2023 5:46:15 PM (Police Department Review) The task was assigned to David Ross. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:55:12 PM Approve by Tina Williamson 1/16/2023 9:07:43 AM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:55:12 PM Approve by Cindy Herr 1/16/2023 12:40:43 PM (Legal Asst Review) No monies owed in restitution or traffic fines. The task was assigned to Cindy Herr. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:55:13 PM Approve by Linda Mitchell 2/16/2023 5:43:48 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:55:13 PM Approve by Terry Eubank 2/17/2023 1:45:09 PM (Finance Review) The task was assigned to Terry Eubank. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:43:49 PM Approve by Scott Bloom 2/17/2023 9:09:54 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:43:49 PM Approve by Linda Mitchell 2/21/2023 3:44:53 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:43:50 PM Page 213 • 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 1/13/2023 Establishment Information Retail Marijuana Store Majestic Gardens LLC Majestic Gardens LLC 12656 Kenai Spur Hwy Kenai, AK Contact Information Deniece M Isaacs 907-953-4872 magicalgardens@alaska.net Additional Contact Information Documents 15393 Entity Documents combined.pdf 1.59MB 15393 MJ20 Renewal App Cert x 2.pdf 3.12MB 15393 Online Application_Redacted.pdf 117.41KB 15393 POPPP.pdf 820.92KB Page 214 Page 215AMCO received 6.14.22, 6.28.22 Alcohol and Marijuana Cont·r' 550 W 711' Avenue, Su, .... ___ _. Anchorage, AK 99501 marijuana,licensing@alaska,gov Al k M 'j C 1 8 d httos://www,comm£!ce.alaska.gov/web/am Q as a ar, uana ontro oar Phone: 907.269.0350 Form MJ-20: 2022-2023 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: Majestic Gardens lie I License Number: I 15393 License Type: Retail Marijuana Store Doing Business As: Majestiac Gardens lie Premises Address: 12656 Kenai Spur Hwy City: Kenai I State: IAK I ZIP: 199611 Section 2 -lndlvldual Information Enter information for the individual licensee who is completing this form Name: Deniece M Isaacs Title: Owner/Member Section 3 -Vlolatlons & Charges Read each line below, and then sign your lnltlals In th• bol( to the right of any apellcable statements: t 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, 2021 and June 30, 2022. Sign your lnltlals to the following statement opJ¥ tf you are unable to certify one or more of thubove statements: I have attached a written e>Cplanation 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/S/2022) Initials Im (ffl ~ Initials Page 1 of 2 Page 216Alaska Marijuana Control Boa~ CO received 6.14.22, 6.28.22 Form MJ-20: 2022-2023 Renewal Application Certifications Section 4 -Certiflcatlona Read each line below, and then sign your lnftlals In the bo,c to the t 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 MC 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 e><ception 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. ~ tB ~ 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 l7ffll operated in violation of a condition or restriction Imposed by the Marijuana Control Board. ~ By inltlaling this bo><, I certify I have submitted 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 fingetprlnt card and fee will suffice for all marljtjana llcenses being renewed. If multiple llcenses are held, list all license numbers below: 115395 Standard Marijuana Cultivalk>n @ 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 dowment5 ta 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 Statute 11.56.210 to falsify an application and commit the crime of unsworn falsiflcatiori. Deniece M Isaacs ~~ Printed name of licensee Signature of licensee · [fonn MJ·ZOJ (rev 5/5/2022) License# 15393 PageZ of1 Page 217o\-t-9 o"" ,.,, ~ ,,_ Alcohol and Marijuana ContrJ AMCO received 6.14.22, 6.28.22 ssow7thAvenue,sul._ ____ _. "'w A co , Anchorage, AK 99501 marHuana,licensjng@alaska.gov httos://www .commerc~.a laskuol{/web/a mco Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2022-2023 Renewal Application Certifications Why is this forrn 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: Majestic Gardens lie I License Number: 115393 License Type: Retail Marijuna Store Doing Business As: Majestic Gardens lie Premises Address: 12656 Kenai Spur Hwy City: Kenai I State: IAK I ZIP: 199611 Section 2 -lndlvldual Information Enter information for the individual licensee who is completing this form ~ Name: Ronald D Isaacs Title: Owner/Member Section 3 -Vlolatlons & Charges Read each line below, and then sign your initials In the box to the right of any appllcableJ;tatements: 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 A5 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, 2021 and June 30, 2022. Sign your Initials to the following statement onlv Jf vou are unable to certlfypne 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 5/5/2022) Page 1 of 2 Page 218Alaska Marijuana Control Boa CO received 6.14.22, 6.28.22 Form MJ-20: 2022 .. 2023 Renewal Application Certifications Section 4 -Certlftcatlona Reitd each line below, and then sftn yc,ur Initials In the box to the right of eKh statement: I certify that no person other than a licensee listed on my marijuana establishment llcense renewal application has a direct or indirect financial Interest, as defined in 3 AAC 306.01S(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 ta,c statute, ordinance, regulation, or other law in the state. I certify that tile license Is operated in accordance with the operating plan currentlv 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. By lnitlallng this box, I certify I have submitted an original fingerprint card and the applicable fees to AMCO for AMCO to obtain crlmlnal justice information and a national criminal history record requ Ired 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 wilt suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: 15395 Standard Marijuana Cultivaiton lnltlals 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 _I·( . ·. 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 aass A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Ronald D Isaacs Printed name of licensee R~,4/ ciA~ Signature of licensee (Form MJ-ZOJ (rev S/5/2022) Uoense# 15393 Page2of2 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Acting Borough Clerk Office of the Borough Clerk January 27, 2023 Sent via email: cityclerk@kenai.city City of Kenai Kenai City Hall RE: Renewal Application for Retail Marijuana Store Business Name : Majestic Gardens LLC License Location : Kenai/12656 Kenai Spur Highway, Kenai, AK 99611 License No. : 15393 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 Acting Borough Clerk cc: majesticgardens@alaska.net amco.localgovernmentonly@alaska.gov MT/jr Page 219 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 1/13/2023 5:53:40 PM (Form Submission) Approve by Jeremy Hamilton 1/26/2023 11:55:23 AM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:53:41 PM Approve by Donald Hendrickson 2/23/2023 1:13:22 PM (Building Official Review) The task was assigned to Donald Hendrickson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:53:41 PM Approve by David Ross 1/16/2023 5:54:17 PM (Police Department Review) The task was assigned to David Ross. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:53:41 PM Approve by Tina Williamson 1/16/2023 9:06:48 AM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:53:41 PM Approve by Cindy Herr 1/16/2023 12:39:59 PM (Legal Asst Review) No monies owed in restitution or traffic fines. The task was assigned to Cindy Herr. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:53:41 PM Approve by Linda Mitchell 2/16/2023 5:43:39 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: January 24, 2023 5:00 PM 1/13/2023 5:53:42 PM Approve by Terry Eubank 2/17/2023 1:45:20 PM (Finance Review) The task was assigned to Terry Eubank. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:43:39 PM Approve by Scott Bloom 2/17/2023 9:09:59 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:43:40 PM Approve by Linda Mitchell 2/21/2023 3:44:58 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:43:40 PM Page 220 • 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 1/13/2023 Establishment Information Standard Marijuana Cultivation Facility Majestic Gardens LLC Majestic Gardens LLC 12656 Kenai Spur Hwy Kenai, AK Contact Information Deniece M Isaacs 907-953-4872 majesticgardens@alaska.net Additional Contact Information Documents 15395 Entity Documents combined.pdf 1.59MB 15395 MJ20 Renewal App Cert x 2 .pdf 3.03MB 15395 Online Application_Redacted.pdf 152.62KB 15395 POPPP.pdf 822.29KB Page 221 Page 222AMCO received 6/28/2022 Alcohol and Marijuana Control ~ sso w 7,h Avenue, Suite 1600 Anchorage, Al< 99501 Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2022-2023 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(eHl)) 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 licen~ (as defined in 3 AAC 306.020{bH2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter in ormation f h I' or t · e Icense d esta 1s ment, as i ent, Ie bl' h .d 'fi d on t · e Icense app Icat1on. h I' I' Licensee: Majestic Gardens lie I Ucense Number: I 15395 License Type: Standard Marijuana Cultivation Doing Business As: Majestic Gardens lie Premises Address: 12656 Kenai Spur Hwy City: Kenai I State: IAK I ZIP: 199611 Section 2 -lndlvidu I Information Enter information for the individual licensee who is competing.this form. Name: Deniece M Isaacs Title: Owner/Member Sec;:tlon 3 -Vlolatlons & Charges Read each line below, and then sign your Initials In the box to the right of anv applicable stjltements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. ~ I certify !hat I have notcommltted any civil violation of AS 04, AS 17 .38, or 3 AAC 306 in the prevl°"s two ca lend a, year,. .@I I certify that a notice of violation has not been issued for this license between July 1, 2021 and June 30, 2022. l)d ~~~t~~'t~ ~ p~ ¼ ~~ Sign your lnltlats to the follo_1111lng statement onl If ou are un bl c rtl one or more of h __ abov.e statemen Initials 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 306.03S(b). ~ [Form MJ-201 (rev S/S/2022) Page 1 of 2 Page 223. .. .. AMCO received 6/28/2022 Alaska Marijuana Control Board Form MJ-20: 2022-2023 Renewal Application Certifications Section 4 -Certification• Read each line below, and then sign your initials ln 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 43.2_3 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. By initialing this box. I certify I have submitted 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. tf multiple licenses are held, list all license numbers below: I 15393 Retail Marijuana Store 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 Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. (. Deniece M Isaacs Printed name of licensee {Form MJ-ZOI (rev 5/5/2022) Ucense # 15395 Initials Page2of2 Page 224AMCO received 6/28/2022 Alcohol and Marijuana Control oJ._ ___ ....., 550 W 7'" Avenue, Suite 1600 Anchorage, AK 99501 Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2022-2023 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 -latabllahment Information E nter in ormatIon or t e ,cense esta . f f h I' d bl' h Is . ment, as 1 IentI , on t e ,cense ace 1catIon. h r r Licensee: Majestic Gardens lie I License Number: I 15395 license Type: Standard Marijuana Cultivation Doing Business As: Majestic Gardens lie Premises Address: 12656 Kenai Spur Hwy City: Kenai I State: !AK I ZIP: 199611 Section 2 -lndlvldual Information Enter information for the individual licensee who is completing this form. Name: Ronald D Isaacs Title: Owner/Member Section 3 -Vlolatlon• & Charges Read each line below, and then sign your Initials In the box to the right of po¥zappllcable 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, 2021 and June 30, 2022. L.a:\-e. -po.yu~ 1-'a..J1s, ye..,& Lrl ado~ 1o a..vo~,d b.t-tf\:1 t~..f~ o..g,q;to 51 n our initials to the foUowln statement on f na I c rtl e.above stateme 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 S/S/2022) Page lof 2 Page 225Alaska Marijuana Control Board AMCO received 6/28/2022 Form MJ-20: 2022-2023 Renewal Application Certifications Section 4 -Certifications Read each line 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 Af, 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 ta1< statute, ordinance, regulation, or other lc1w 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. By initialing this boll, I certify I have submitted 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). tf 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: 115393 Retail Marijuana Store 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 Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Ronald D Isaacs Printed name of licensee ~7t ,.:-· (,,:.cl ~ 4-a. a t -.1._ Signature of licensee Initials i'I [Form MJ-201 (rev 5/5/20221 Ucense# 15395 Page 2 of z 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Acting Borough Clerk Office of the Borough Clerk January 27, 2023 Sent via email: cityclerk@kenai.city City of Kenai Kenai City Hall RE: Renewal Application for Standard Marijuana Cultivation Facility Business Name : Majestic Gardens LLC License Location : Kenai/12656 Kenai Spur Highway, Kenai, AK 99611 License No. : 15395 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 Acting Borough Clerk cc: magicalgardens@alaska.net amco.localgovernmentonly@alaska.gov MT/jr Page 226 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Shellie Saner, City Clerk DATE: February 22, 2023 SUBJECT: Liquor License Renewal - The Bow The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of licenses: Applicant: D & E Investments Inc. D/B/A: The Bow License Type: Beverage Dispensary License No.: 1312 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the liquor license renewal will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. Page 227 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai.city Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 2/1/2023 10:15:14 AM (Form Submission) Approve by Jeremy Hamilton 2/1/2023 10:15:50 AM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: February 10, 2023 5:00 PM 2/1/2023 10:15:15 AM Approve by Donald Hendrickson 2/10/2023 4:17:26 PM (Building Official Review) The task was assigned to Donald Hendrickson. The due date is: February 10, 2023 5:00 PM 2/1/2023 10:15:16 AM Approve by David Ross 2/1/2023 2:29:04 PM (Police Department Review) The task was assigned to David Ross. The due date is: February 10, 2023 5:00 PM 2/1/2023 10:15:16 AM Approve by Tina Williamson 2/1/2023 4:10:50 PM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: February 10, 2023 5:00 PM 2/1/2023 10:15:16 AM Approve by Cindy Herr 2/1/2023 3:28:50 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: February 10, 2023 5:00 PM 2/1/2023 10:15:16 AM Approve by Linda Mitchell 2/16/2023 5:50:33 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: February 10, 2023 5:00 PM 2/1/2023 10:15:17 AM Approve by Terry Eubank 2/17/2023 1:44:24 PM (Finance Review) The task was assigned to Terry Eubank. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:50:34 PM Approve by Scott Bloom 2/17/2023 9:09:30 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:50:34 PM Approve by Linda Mitchell 2/16/2023 5:51:21 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:50:34 PM Page 228 • 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 2/1/2023 Establishment Information Beverage Dispensary D & E Investments Inc The Bow 502 S. Main St Kenai, AK Contact Information Elton McGahan 907-252-5169 emcgahan@hotmail.com Additional Contact Information Karen McGahan 907-252-4989 kmcgahan@outlook.com Documents #1312 Complete Renewal Application with Temp.pdf 4.34MB #1312 LGB Renewal Notice.pdf 260.56KB Page 229 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 31, 2023 City of Kenai Kenai Peninsula Borough Via Email: mjenkins@kpn.us; JVanHoose@kpb.us; jratky@kpb.us; Cjackinsky@kpb.us; MAldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; JBlankenship@kpb.us; assemblyclerk@kpb.us; bcarter@kpb.us; cityclerk@kenai.city Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Beverage Dispensary License 1312 Licensee: D & E Investments Inc Doing Business As: The Bow We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Joan Wilson, Director amco.localgovernmentonly@alaska.gov Page 230 THE STATE 01ALASKA GOVERNOR Mil<£ DU LEAVY l I Page 231 STATE OF ALASKA -ALCOHOLIC BEVERAGE CONTROL BOARD FORM ONTROL UC NS E NUMBER 1312 ISSUED 01/31/2023 ABC BOARD LIQUOR LICENSE TYPE O LICENSE : Beverage Dispen• LICEN • FEE: $2,500.00 1104 DIB /A : The Bow 502 S Main Street Mail Address: D & E Investments Inc 502 S Main St Kenai, AK 99611 04 ·900 (REV 10/20/22 2023 -2024 LICENSIZ R i NEWALAPPLICATION DUE! D EMBER 31 , 2024 (AS 04 . I l.270tb)) E O RARY THIS LICE NSE BXPIRE MIDNIGHT FEBRUARY 28, 2025 UNLESS DATIZD J3 LOW I I CITY/ BOROUGH: Kenai Kenai Peninsula Borough This license cannot be transferred without permis ion of the Alcoholic Beverage Control Board l Special rcstri cti n -see revcr ·c side ISSU D BY ORDER OF THE AL OHOUC B ·VERAGECONTROLBOARD DIRECTOR Tl IIS LI ENSll MU ST BB POS 'l'ED IN A VISlnLB PI..A EO N TJI B PRE MIS ES STATE OF ALASKA -ALCOHOL! BEVERAGE CONTROL B ARD FORM ONTR LICENSE NUMB R XXX ISSUED 01/31/2023 ABC BOARD LIQUOR LICENSE 2023 -2024 1312 L ICEN E R •NEWALAPPLICATION DUE 013 MBER 31 , 2024 (AS 04.l I .270(b)) T MPORA y THIS LICENSE EXPIRE MIDNIGHT FEijRUARY 28, 2025 UN L • S DATED BELOW TYPE OF LICENSE: Beverage Dlsper I LIC NSE FEE: $2,500.00 0/6/A: The Bow 502 S Main Street Mailing Address : D & E Investments Inc 502 S Main St Kenai, AK 99611 !TY I BOROUGH: Kenai Keniill Peninsula Borough This liccn s· ca nnot be transferred without permission of the Alcoholic Bcverngc on trot Board l Special re striction -see reve rse side ISSU D BY ORDER O THE ALCOHOLIC BEVERAGE CONTROL BOARD COPY D IR ECTOR mis LICENS . MUST OE PO BD IN A VI IDL E PLACU ON TM E PREMISES 04 ,900 REV S/9/22) Page 232Alaska Alcoholic Beverage Control Board D 1,-;, 1 AB-17: 2023/2024 License Renewal ApplicatiOlTholandMarljuanaCon[olOflce -.,, SSO W 7 Avenue, ,, Sui te 1600 Anc horag , AK 99501 ltoho l I ce s n la ska. 011 https:IJww w.commercc.a la~ka.eov/web/amco Phone : 907 .269.0350 Alaska Alcoholic Beverage Control Board Form AB-17: 2023/2024 General Renewal Application • Th is form and any req uired supplemental forms must be completed, signed by the licen see, and po st marked no late r tha n 12 /31 /20 22 per AS 04 .11 .270, 3 AAC 304.160, with all required fees paid In full , or a non-refundab le $500 .00 fate fe e appli es . • Any app lica tion for renewal or any fees for renewal that have not been postmarked by 2/28/2023 wlll be e~plred per AS 04 .11 .540,3 AAC 304.160(e ). • All fields of this app lication must be de emed co mpl et e by AMCO staff and mu st be acco mp anied by the required fees and all documents required , or the application will be returned wi thou t being pro cessed, per AS 04 .11.27 0, 3 AAC 304.10S • Recei pt and/or process ing of rene w a~pa yment s by AM CO staff ne ithe r Ind ica te s no r guarantees in any way that an application will be deemed complete, re newed, or that It will be scheduled for the next AB C Board meet ing . Section 1 • Establishment Contact l1Jformation licensee (Owner): D & E Investments In c I Lic ense#: .11312 License Type: Beverage Di spensary Doing Business As : The Bow Local Governing Body: Kenai , Kcnni Pe nin sul a Boroug h - Community Council: If you r malling address has changed, write the NEW address below: Mailing Address: City: State: ZIP : Section 2 -Licensee Contact Information Contact licensee: The Indi vidu al listed belo w mu st be part of the ownershi p st ruc ture of the llcensee li sted in Sectio n 1. This pe rso n will be the de si gn ated point of contact rega rdtng this license, unless t he Option al contact Is co mpleted . Contact Licensee: Contact Phone: Contact Email: Optional: If you wish for AM CO staff to communica t e with any one other than the Contact Licensee (such as legal counsel) about yo ur license, lis t their Information belo w: Name of Contact: Contact Phone: Contact Email: Section 3 -for Package Stores ONLY: Written Order Information Do you Inte nd to sell alcoholic beverages and ship them to another location in response to written solicitatio n In ca lenda r years 2022 and/or20237 MC [Form AB-17] (rev 9/27/2022) NOV 2022 YES NO □□ Page 1 of 3 Page 233Alaska Alcoholic Beverage Control Board Form AB-17: 2023/2024 License Renewal Application Section 4 -Ownership Structure Certification YES NO Did the ownership structure of the licensed buslness change In 2021/2022? □ If Yes, and you have NOT notified AMCO, list th updated Information on form AB-39 : Change of Officers and submit with your renewal application . If No, certify the statement below by lnltiallng the bo,c to the right of the statement. I certify that the ownership structure of the business who owns this alcohol license did not change in any way during the calendar years 2021 or 2022. Section 5 -License Operation he k ONE BOX/or EACH 'ALFNDAR YEAR that best describes how this liquor licehse was operated: 1. The license was operated for more than 240 hours throughout each year. (Year•round) 2 . The llcense was only operated during a specified time each ye ar . (Not to exceed 6 months per year) 1{_your operation dates have changed, list them below: ______________ to _____________ _ 3. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. A complete AB -30: Proof of Minimum Operation Checklist, and o/1 documentation must be provided with this form . 4. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one o r both calendaryears. A complete Form AB -29 : Waiver of OperoUon Applicotlon and carrespondjnq fees must be wbmltted with this app/ir:.otlon for each calendar year during which the license was not operated. If :,,:o.u have.not met the minimum number of hours of oeeration In 2021 ou a e not required o a the fees., however a complete AB-29 is re.quit,ed with Section 2 marked "Other" and COVID is listed as the reason. Section 6 .. Violations and Convictions 2021 □ □ 2022 □ □ □ YES NO Have NY Notices of Violation been issued for this license? D (6J Has ANY person or entity In this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance D 0 adopted under AS 04 .21 .010 in 2021 or 20227 ff you ch eked Y , you MUST um1 o lfst of all Notices of VJo(atlon and/, , CQnvf tions per AS 04. 1l.270(aU21 If you are unsure If you have received any Notices of Violation, contact the office before submitting this form. Section 7 -Certifications As an applicant for a ltquor license renewal, I declare unde r penalty of perjury that I have read and am famil iar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • I agree to provi de all lnformc:1tion required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this applfcatlon and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license being potentially expired if I do not comply with statutory or regulatory requirements . • I certify that in accordance with AS 04.11.450, no one other than the licensee(s), as defined in AS 04 .11.260, has a direct or indirect financial interest in the licensed business . • I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL} and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license, and have provided all required documents for any new or changes of officers . .\MC [Form AB-17) (rev 9/27/2022) NOV 2 2022 Page2of3 Page 234Alaska Alcoholic Beverage Control Board Form AB-17: 2023/2024 License Renewal Application • I cert[fy that all licensees, agents, and employees who se ll or se rv e alcoholic beverages or check Identification of patrons have completed an alc ohol server ed ucation course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed prem1 ses duri ng all working hours, if applicable for this li cense type as set forth In AS 04.21.025 and 3 AAC 304.465 . I hereby certify that I am the person herein named and subscribing to this app lication 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 ot her docum ents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this appl icatfon, 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 Statute 11.56.210 to fa lsify an application and co mmit the crime of unsworn falsification. ~~ Signature of licensee 1(/IREN MCGAHAN Notary Publk Stale of Alaska MV Comml~ston Expire, Oc:t 6, 202551 nature of Notary Pub 1c Notary Public in and for the State of__.U .... !Ct __ s .... t ... uc..,.------ Printed name of licensee ,..,AL ·-My commission expires : uQ[, b) ao a6 , Subsc ribed and sworn to before me this_2Lday of floverAtJ ~~ Restaurant and Eating Place applicati ons must include a completed AB -33: Restaurant Rece ipts Affidavit Recreational Site ap plications must Include c1 completed AB-36: Recreation al Site Statement Tourism applications must Include a completed AB -3 7: Tourism Statement Wholesale applications must Include a completed AB -25: Supplier Certification Common Carrier app li cations must include a current safety Inspection certificate All renewal and su pplemental forms are available online : https://www .c ommerce .alaska.gov/web/amco/ Alcohol Lice nseAppllcatl on .as px FOR OFFICE USE ONLY License Fee: $ Application Fee: $ 300.00 Misc. Fee: $ Total Fees Due: $ J. "· 00 [Form AB -1 7] (rev 9/27/2022) 0 20 2 . 20;7;2._ Page 3 of 3 Page 235 Division of Corp orat ions, Business and Pro fessio nal Lic ensin g http s://www .commerce .alaska .gov/c bp/m ai n/searc h/entitie s - Detai ls ENTITY DETAILS Name(s) Type Lega l Name Name D & E INVESTMENTS , INC. Entity Type : Busin ess Corporat ion Entity #: 55056D Status : Good Standing AK Fonned Date : 12/19/1994 Duration/Expiration : Perpetual Home State : ALASKA Next Biennial Report Due : 1/2/2024 Entity Mailing Address : 502 S. MAIN, KENAI, AK 99611 Entity Physical Address : 502 S. MAIN , KENAI , AK 99611 Registered Agent Officials AK Entity# Agent Name : Elton McGahan Registered Mailing Address : PO BOX 8013, NIKISKI , AK 99635 Registered Physical Address: 47265 MILKY WAY ROAD , NIKISKI, AK 99635 Name DIANN E IRELAND EL TON MCGAHAN Titles Director, Secre tary, Sharehold er, Vice President President, Shareho lder, Treasu rer Filed Documents Date Filed 12/19/1994 2/13/1995 9/03/1996 3/29/2000 2/25/2002 5/03/200 4 2/28/2007 3/06/2007 4/30/2008 I of2 Type Creation Filing Biennial Re port Biennial Report Biennia l Report Biennia l Report Bienn ial Report Bien nial Report Agent Change Biennial Report Fllfng Cli ck to Vie w Click to Vi ew Click to Vi ew Clic k to Vi ew Cli ck to View Click to View Click to View Certificate □Show Former Owned 50.00 50.00 I /3 1/2 023, 2: 19 PM Page 236 Division of Corporations, Business and Profes sional Licensing Data F iled lype 2/11/2009 Entity Address Change 2/15/2011 Biennial Report 3/04/2013 Biennial Report 3/04/2013 Agent Change 8/17/2014 Admin DissolulJon 12/30/2014 Biennial Report 12/30/2014 Reinstatement 4/08/2016 Biennial Report 6/22/2018 Biennial Report 1/16/2020 Biennial Report 10/17/2021 Biennial Report Close Details 2 of2 h ttp s:/ /www.com merce . al aska . gov/ cbp/mai n/search /entities FIiing Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Print Friendly Version Ce rtificate I I Cli ck to Vi ew Cli ck t o View 1/31 /2 023 , 2: 19 PM Page 237 Division of Corporation s, Business and Professional Licensing License Detail LICENSE DETAILS Owners license#: 935197 Business Name: THE BOW Sta tu s: Active I ssue Date: 10/23/2009 E xpiration Date : 12/3112023 Mailing Address : 502 S. MAIN STREET KENAI , AK 99611 Physical Address : 502 S. MAIN STREET KENAI , AK 99611 D & E INV EST MENTS , INC . Activities Line of Business NAICS https ://www.com me rce.alaska .gov/cbp/bu si ness li cense/search/Li cense I I Print Busi ness License Professional Li cense # 72 -Accommodation and Food Services 72 -Accommodation and Food Services 722410 -DRINKING PLACES (ALCOHOLIC BEVERAGES) 722320 -CATERERS Endorsements End# Issue 1 11/2/2018 Renew 10/12/2021 License Lapse(s) Expiration 12/31/2023 Action End A ction Note Address 502 S MAIN ST, KENAI, AK 99611 If this business license lapsed with in the last four yea rs the lapsed per iods will appear below . Lapsed period s are the unlicensed period between an expiration date and renewal date . No Lapses on reco rd for the last 4 years . Close License Detail Print Friendly Version l of I 1/3 1/20 23, 2 :20 PM Page 238 Alaska Business License# 935197 Alaska Department of Commerce, Community, and Economic Development Division of Corporations , Business, and Professional Licensing PO Box 110806, Juneau, AK 998 11-0806 This is to certify that THE BOW 502 S. MAJN STREET, KENAI , AK 99611 owned by D & E INVESTMENTS, INC. is licensed by the department to conduct business for the period October 12, 2021 to December 31 , 2023 for the following line(s) of business : 72 -Accommodation and Food Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the busi ness location. It is not transferable or assignable. Julie Anderson Commiss ioner Page 239 Alaska Business License# 935197 Alaska Department of Commerce, Community, and Economic Development Division of Corporations , Business , and Professional Licensing PO Box 110806 Juneau , AK 99811-0806 This is to certify that THE BOW 502 S. MAIN STREET, KENAI , AK 99611 owned by D & E INVESTMENTS , INC. ENDORSEMENT: 935197 -1 Effective October 12, 2021 through December 31, 2023 This business license has an endorsement for the physical address shown below: 502 S MAIN ST, KENAI , AK 99611 This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States . This license must be posted in a conspicuous place at the business location. It is not transferab le or assignable. Julie Anderson Commiss ioner 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Acting Borough Clerk Office of the Borough Clerk 2/15/2023 Sent via email: cityclerk@kenai.city Kenai City Hall City of Kenai RE: Non-Objection of Application Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Michele Turner, CMC Acting Borough Clerk cc: emcgahan@hotmail.com; mailto:amco.localgovernmentonly@alaska.gov MT/jr Licensee/Applicant : D & E Investments Inc. Business Name : Bow Bar, The License Type : Beverage Dispensary License Location : 502 South Main Street, Kenai, AK 99611, City of Kenai License No. : 1312 Application Type : License Renewal Page 240 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Shellie Saner, City Clerk DATE: February 22, 2023 SUBJECT: Liquor License Transfer of Ownership - Pizza Paradisos The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for the Transfer of Ownership of licenses: Transferor: George Pitsilionis Transferee: Solitaire, LLC. D/B/A: Pizza Paradisos License Type: Beverage Dispensary & Restaurant Designation Permit License No.: 13032 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the liquor license renewal will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. Page 241 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai.city Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 2/1/2023 11:51:30 AM (Form Submission) Approve by Jeremy Hamilton 2/2/2023 8:59:18 AM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: February 10, 2023 5:00 PM 2/1/2023 11:51:31 AM Approve by Donald Hendrickson 2/10/2023 4:06:56 PM (Building Official Review) The task was assigned to Donald Hendrickson. The due date is: February 10, 2023 5:00 PM 2/1/2023 11:51:31 AM Approve by David Ross 2/1/2023 2:28:15 PM (Police Department Review) The task was assigned to David Ross. The due date is: February 10, 2023 5:00 PM 2/1/2023 11:51:32 AM Approve by Tina Williamson 2/1/2023 4:10:24 PM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: February 10, 2023 5:00 PM 2/1/2023 11:51:32 AM Approve by Cindy Herr 2/1/2023 3:31:54 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: February 10, 2023 5:00 PM 2/1/2023 11:51:32 AM Approve by Linda Mitchell 2/16/2023 5:41:51 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: February 10, 2023 5:00 PM 2/1/2023 11:51:32 AM Approve by Terry Eubank 2/17/2023 1:45:31 PM (Finance Review) The task was assigned to Terry Eubank. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:41:52 PM Approve by Scott Bloom 2/17/2023 9:10:04 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:41:52 PM Approve by Linda Mitchell 2/16/2023 5:42:28 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: February 27, 2023 5:00 PM 2/16/2023 5:41:52 PM Page 242 • 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 2/1/2023 Establishment Information Beverage Dispensary Solitaire LLC Pizza Paradisos 815 Frontage Rd Kenai, AK Contact Information Joanna Pitsilionis 907-953-2222 gianainc@gmail.com Additional Contact Information Documents 3032_2022_11_29_Transfer_of_Ownership smaller file size.pdf 4.3MB Page 243 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 29, 2022 City of Kenai, Kenai Peninsula Borough Via Email: cityclerk@kenai.city; mjenkins@kpb.us; jvanhoose@kpb.us; jratky@kpb.us; cjackinsky@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; jblankenship@kpb.us; assemblyclerk@kpb.us; bcarter@kpb.us License Type: Beverage Dispensary License Number: 3032 Licensee: Soltaire LLC Doing Business As: Pizza Paradisos Premises Address 815 Frontage Road ☐ New Application ☒ Transfer of Ownership Application ☐ Transfer of Location Application ☐ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491 – AS 04.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS 04.11.507. AS 04.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant’s proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Joan Wilson, Director Page 244 THE STATE 01ALASKA GOVERNOR Mil<£ DU LEAVY I I Last Name Date Page 2 amco.localgovernmentonly@alaska.gov Page 245 Page 246Alaska Alcoholic Beverage Control Boa rd Alcohol and M~rijuana Contr II 550 W 7'h Avenue, suburr------J Anchorage, AK 99501 alcohol.lic:enslng@alaska.gov h1t1>s://www.cornmerce.alaska.gov/web/amco Phone: 907-269.0350 Form AB-38: Off-Site Warehouse/Storage Application Why is this form needed? Per AS 04.21.060, 3 AAC 304.415, AS 04.16.140 and AS 04.16.130, alcoholic beverages cannot be sold or consurned at an approved storage facility, Alcoholic beverages cannot be removed from the approved storage facility except at the direction of the licensee. A detailed diagram of the proposed Off-Site Warehouse/Storage location is required. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage. If yqur proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second page of this form may not be required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The remaining pages must still be completed, attached to, and submitted with any supplemental diagrams. An AMCO employee may require you to complete the second page ofthis form if additional documentation for your premises diagram Is needed. This form must be completed and submitted to AMCO's Anchorage office for review and consideration before utilizing the space. I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second page of this form. Section 1 -Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: 3 & P, Inc. License Number: 3032 License Type: Beverage Dispensary Doing Business As: Pizza Paradises Off-Site Address: B15 Frontage Road City: Kenai State: fK ZIP: Yes No p9611 Contact Person: Joanna Pitsilionis Contact Phone: 907-953-2.222 Contact Email: Jianainc@gmail.com [Form AB-38] (rev 8/1/2022) Page 1 of 4 MC ece1ve 1 /17/2022 Page 247Alcohol and Marijuana Contr□ 550 W 7'h Avenue, Su Anchorage, AK 99501 alcohol.licenslng@alaska.gov https:ljwww.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-38: Off-Site Warehouse/Storage Application Section 2 -Detailed Premises Diagram Clearly Indicate the boundaries of the premises and the proposed licensed area within that property. Clearly indicate the interior layout of any enclosed areas on the proposed premises. Clearly identify all entrances and exits, walls, bars1 and fixtures, and outline in red the perimeter of the areas designated for alcohol storage, service, consumption, and manufacturing. Include dimensions, cross-streets, and points of reference in your drawing. You may attach blueprints or other detailed drawings that meet the requirements of this form. [Form AB-38) (rev 8/1/2022) Page Z of4 AMCO Received 10/17/2022 Page 248Alcohol and Marijuana Contr II 550 w 7,h Avenue, subuu-----J Anchorage, AK 99501 alcohol.licensing@al11ska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-38: Off-Site Warehouse/Storage Application Section 3 -Off-Site Location Information Yes No Is this location within 200 feet of a school or church grounds? □ ~ Does this location comply with local zoning limitations? ~ □ Will this location be available for Inspection? ~ □ Is the location another licensed premises? □ ~ If yes, provide the license number and OBA: ______________ _ Are you anticipating, or in the process of applying for a liquor license for the location listed above? Describe how the location will be secured? The storage rooms are under lock and key, and only a manager or trained bar tender can access this I!! [Form AB-38] (rev 8/1/2022) Page 3 of 4 AMCO Received 10/17/2022 Page 249~~· Alcohol and Marijuana Contj 550 W 7'h Avenue, S,._ ____ __ Anchorage, AK 99501 ;;.-:. ~ ' ale hol.lic n in I . v htlgs;//www.commerc . laska gov{W!!b{amr:q Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board . .. . . ,.,.,..1'0f~ Form AB-38: Off-Site Warehouse/Storage Application ---Section 4 -Certifications and Approvals Read each line below, and then sign your Initials in the box to the right of each statement: l 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 Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Joanna Pitsillonis Printed name of licensee AMCO Enforcement Review: Approved Initials Denied □ □ Signature of AMCO Enforcement Supervisor Date Printed name of AMCO Enforcement Supervisor Enforcement Recommendations: [Form AB-38] (rev 8/1/2022) Page4of4 AMCO Received 10/17/2022 Page 250.. , CJ ABaska ADcohol and Marijuana ControD Office, Alaska Alcoholic Beverage Control Board Site Plan for Appli~tion for Transfer of Alcoholic Beverage license # _________ _ APIPLICA T: _________________ _ ATI'ACIHMIENTS fOR FORM: AB-02 DETAILED IP EMXSIS DIAGRAM: FIGURE 1 OF 7 . '. ·, . ' /. . . ' ' '' . . ~ · .. ·' ..... ' ''·.' :'·,. ,•' ' . ' . . ~·. .: \ : · .. ' . •' .. . .· • ~ l. • • I' , • ,' ' ,~ ·, / : 2:' ~ ... ~ ... ~..£;..1__;_;,.,,;,~ .· :.'• Areas appearing in "Red" indicate designated spaces in which, "alcohol storage, service, consumption, and manufacturing," occur as required and defined by Form AB-02. Areas appearing in 11White" are designated spaces where the activities defined in AB-02 do not occur. · Areas appearing in "Gray or Black11 are spaces not otherwise included in this application or the identified license. Page 251Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office sso w 71~ Avenue Anchorag Form AB-03: Restaurant Designation Permit Application Why is this form needed? A restaurant designation permit application is required for a licensee desiring designation under 3 AAC 304. 715 -3 AAC 304,795 as a bona fide restaurant, hotel, or eating place for purposes of AS 04.16.0l0(c) or AS 04.16.049. Designation will be granted only to a holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the requirements of 3 AAC 304.305, 3 AAC 304. 725, and 3 AAC 304.745, as applicable, are met. A menu or expected menu listing the meals, including entrees prepared on·site and offered to patrons, and copy of the DEC Food Service Permit (or corresponding DHHS documentation for licenses located in the Municipality of Anchorage) must accompany this form. Applicants should review AS 04.16.049 -AS 04.16.052 and 3 AAC 304.715 -3 AAC 304.795. All fields of this form must be completed. The required $50 permit fee may be made by credit card, check, or money order. Section 1 -Establishment Information Enter information for licensed establishment. Licensee: Solitaire, LLC --License Type: Beverage Dispensary License Number: 3032 Doing Business As: Pizza Paradisos Premises Address: 815 Frontage Road City: Kenai State: IAK ZIP: j99611 Contact Name: Joanna Pitsilionis Contact Phone: 907-953-2222 Section 2 -Type of Designation Requested This application Is for the request of designation as a bona fide restaurant, hotel> or eating place for purposes of AS 04.16.0l0(c) or AS 04.16.049, and for the request of the following designation(s) (check all that apply): l. 2. 3. 4. Dining after standard closing hours: AS 04.16.010( c) Dining by persons 16-20 years of age: AS 04.16.049(a)(2) Dining by persons under the age of 16 years, accompanied by a person over the age of 21: AS 04.16.049(a)(3) Employment for persons 16 or 17 years of age: AS 04.16.049(c) NOTE: Under AS 04.16.049(d), this permit is not required to employ a person 18 -20 years of age. OFFICE USE ONLY Transaction II-. \ 1n/tlals: I (Form AB-03l (rev 2/24/2022) 2~e1of5 Page 252Alcohol and Marijuana Control Office 550 W 71h Avenue, Anchorag alcohol.llc.~11s1r lmos.:/1, w .cuma,~rce alask,a Phone: 907.269,0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application Section 3 -Minor Access Review AS 04.16.049[a)(2); AS 04.16.049(a)(3)i AS 04.16.049(c) List where within the premises minors are anticipated to have access in the course of either dining or employment as designated in Section 2. (Example: Minors will only be allowed in the dining area. OR Minors will only be employed and present in the Kitchen.) Minor customers will only be permitted in the dining area, and restroom areas. Minor employees will only be permitted in the dining area, kitchen area, and restroom areas. Describe the policles, practices and procedures that will be In place to ensure that minors do not gain access to alcohol while dining or emploved at your premises. Storage: All alcohol will be locked in secure storage. This will only be accessible by the restaurant owners, general manager and bar tender. Each of these individuals will be at least 21 years old and will hold on their persons a current TAP or eTIP card verifying that they have been trained to control the distribution and service of alcoholic beverages in Alaska. Access/Service: There will be no alcohol sales or delivery outside the building walls. Dining guests must walk in and out the same door, which controls the transfer of alcohol. An owner or manager is always on site and monitors the consumption of alcohol. Yes No Is an owner, manager, or assistant manager who is 21 years of age or older always present on the premises during business hours? Section 4 -DEC Food Service Permit Per 3 AAC 304.910 for an establishment to qualify as a Bona Fide Restaurant, a Food Service Permit or {for licenses within the Municipality of Anchorage) corresponding Department of Health and Human Services documentation is required. Please follow this link to the DEC Food Safety Website: http:/ /dec.alaska.gov/eh/fss/faod/ Please follow this link to the Municipality Food Safety Website: http://www.muni.org/Departments/health/Admin/environtnent/FSS/Pages/fssfood.aspx IF ou are unable to certi the below statement, lease discuss the matter with the AMCO office: I have attached a copy of the current food service permit for this premises OR the plan review approval. "'Please note, if a plan review approval Is submitted, a final permit will be required before finalization of any permit: or license application. [Form AB-03] (rev 2/24/2022) Page 2of 5 ·p ?Ort Page 253Alcohol and Marijuana Cou· rol f 550 W J1h Avenue, Anchorag alcohol. licenslng@alas a.g01, hUps,//ww .commerce.alaska,goy/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application Section 5 -Hours of Operation Review AS 04.16.0l0(c). Enter all hour-; that your establishment intends to be open. Include variances in weekend/weekday hours, and indicate am/pm: 11 am - 1 Opm Monday through Sunday. Section 6 -Entertainment & Service Review AS 04.11.100(g)(2) Are any forms of entertainment offered or available within the licensed business or within the proposed licensed premises? If "Yes", describe the entertainment offered or available and the hours in which the entertainment may occur: Food and beverage service offered or anticipated Is: 111'1 table service D buffet service let] counter service 0 other If ''other'', describe the manner of food and beverage service offered or anticipated: [Form AB-03) (rev 2/24/2022) s Yes No 00 Page 3 of s Page 254Alcohol and Marijuana Control Office sso w 7th Avenue, Anchorag ,,,.,t='T;;"'rn..::r-https,/1 Alaska Alcoholic Beverage Control Board ) Form AB-03: Restaurant Designation Permit Application Section 7 -Certifications and Approvals Read each line below, and then sign your initials in the box to the right of each statement: There are tables or counters at my establishrneht for consuming food in a dining area on the premises. I have included with this form a menu, or an expected menu, listing the meals to be offered to patrons. This menu includes entrees that are regularly sold and prepared by the licensee at the licensed premises. I certify that the license for which I am requesting designation is either a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license. I have included with this application a copy of the most recent AB-02 or AB-14 for the premises to be permitted. (AB-03 applications that accompany a new or transfer license application will not be required to submit an additional copy of their premises diagram.) 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 Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Joanna Pitsilionis Printed name of licensee Local Government Review ~to be completed by an appropriate local government official): Approved Initial Denied □ □ Signature of local government official Date Printed name of local government official Title [Form AB-03] (rev 2/24/2022) Page 4 of S .P 21 , Page 255Alcohol and Marijuana Control Office 550 W ]th Avenue.,I Anchorag~ !--,---,-----' alcohol.lfcens ng@ las a gov tmps,/1 WW, ommerq,.alaska.gov/w b/ lL Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application AMCO Enforcement Review: Signature of AMCO Enforcement Supervisor Date Enforcement Recommendations: AMCO Director Review: Signature of AMCO Director Date Limitations: [Form AB-03) (rev 2/24/2022) Enforcement Recommendation: Printed name of AMCO Enforcement Supervisor Printed name of AMCO Director Approve Deny □ □ Approved Denied □ □ Pages of S 202i Page 256Permit Number: r sued to: For: For Operation of: Located at: Alaska Food Code 2022 Establishment Permit 6082 Divi ion of Environmental Health Food Safety & Sanitation Program GEORGE PITSILIONIS Plzza Paradisos Bar FN-4 Tavern/Bar 811 Frontage RD STE 1400 Kenai, AK 99611 This permit, issued under the provisions of 18 AA 31, is valid until the noted expiration date or unless suspended or revoked by the department. This pennit is not transferable for change of ownership, facility location, or type of operation. It must be posted in plain view in the establishment and is the property or the State of Alaslrn. Expiration Date: December 31, 2022 Program Manager: ,/ I . s:i J;b. ,: ,,.-----111'. • ,v,-nvr ' I '~ , If you have questions or concerns regarding safe food handling practices call toll free: (in Anchorage call 334-2560) Page 257Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Why is this form needed? Alcohol and Marijuana Control Office 550 W ih Avenue,! Anchorag1 I I e:1.11 enslr '""'~,,.,,""as,.,,.,,.a.=,......... sk,a.goy/weJzlAr:rc Phone: 907.269.0350 A detailed diagram of the proposed licensed premises Is required for all liquor license applications, per AS 04.11.260 and 3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing, If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second page of this form may not be required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The first page must still be completed, attached to, and submitted with any supplemental diagrams. An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form rnust be completed and submitted to AMCO's Anchorage office before any license application will be considered complete. I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second page of this form. Section 1 -Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: Solitaire, LLC I License Number: 13032 License Type: Beverage Dispensary Doing Business As: Pizza Paradisos Premises Address: 815 Frontage Road City: Kenai I State: IAK I ZIP: Yes No 199611 (Form AB-0:Z} (rev 2/28/2022) Page 1 of2 Page 258PIZZA PARADISOS RESTAURANT CJ Alaska Alcohol and Marijuana Control Office, Alaska Alcoholic Beverage Control Board Site Plan for Application for Transfer of Alcoholic Beverage License # _________ _ APPLICANT: _________________ _ ATTACHMENTS FOR FORM: AS-02 DETAILED PRE:MISIS DIAGRAM= FIGURE: 1 OF 7 Areas appearing in "Red" indicate designated spaces in which, "alcohol storage, service, consumption, and manufacturing," occur as required and defined by Form AB-02. Areas appearing in ,,White" are designated spaces where the activities defined in AB-02 do not occur. · Areas appearing in "Gray or Black" are spaces not otherwise included in this application or the identified license. 20,,,; ''EP lL Page 259PIZZA PARADISOS RESTAURANT Alaska Alcohol and Marijuana Control Office, Alaska Alcoholic Beverage Control Board Site Plan for Application for Transfer of Alcoholic Beverage License # _________ _ APPLICANT: _________________ _ ATTACHMENTS FOR FORM: ABM02 DETAILED PREMISIS DIAGRAM: FIGURE 2 OF 7 (Close-up excluding attached structure not otherwise included in this application) 4JV\ • SEP 91 ZOZZ Page 260I Alcohol and Marijuana Control Office sso w ih Avenue.------, Anchorag I ho. ·c l 1tLQ5-//www.ro Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Why is this form needed? This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code. All fields of this form must be completed, per AS 04.11.260, AS 04.11.280, AS 04.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMCO's Anchorage office, along with all other required forms and documents, before any license application will be considered complete. Section 1 -Transferor Information Enter information for the current licensee and licensed establishment. licensee: George Pitsilionis License#: 3032 License Type: Beverage Dispensary Statutory Reference: 04.11.090 Doing Business As: Pizza Paradises Premises Address: 815 Frontage Road City: Kenai I State: AK Local Governing Body: I -·c1hl o+ ~~-Transfer Type: ! t/ I Regular transfer D Transfer with security interest D Involuntary retransfer I Complete Date: II --~ q --U ·7/7-Soard Meetln(J Date: rz...,.,. /"1, _.-;_.7--Issue Date: [Form AB-01) (rev 2/24/2022) OFFICE USE ONl. Y Transaction #: License Years: Examiner: I ZIP: 99611 l t v4~ \ (oC\ ·:r-~3. Page 1of7 ') .. Page 261E Alcohol and Marijuana Control Office SSO W ih Avenue·----. Anchorag W l,1.u;c:~~!!l· &!::~=~~ 11 m.,;/b w y,cQmmeTJ.alas~a vLwel>/amcQ Phone; 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 2 -Transferee Information nter m ormat on or t e new app 1can an or oca 10n see mg 0 e 1cense . . f r t d/ I f k' t b r d Licensee: Solitaire, LLC Dofng Business As: Pizza Paradises Premises Address: 815 Frontage Road City: Kenai I State: jAK I ZIP: 199611 Community Coundl: Mailing Address: P.O. Box 151 City: Kenai I State: jAK I ZIP: 199611 Designated Licensee: Joanna Pitsilionis Contact Phone: 907-953-2222 I Business Phone: 1907-953~2222 Contact Email: gianainc@gmail.com Yes No Seasonal License? D 11(1 If "Yes", write your six-month operating period: __________ _ Section 3 -Premises Information Premises to be licensed is: I,/ I an existing facility D a new building D a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measurement in your answer. 10.2 Miles · · What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the ublic entrance of the nearest church building? Include the unit of measurement in our answer. 0.2 Miles [Form AB-01] (rev 2/24/2022) Page 2 of 7 SFP "I 2022 Page 262Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W i11 Avenuer------, Anchorag h: § ) Form AB-01: Transfer License Application Section 4 -Sole Proprietor Ownership Information This section must be completed by any sole groprietor who Is applying for a license. Entities should skip to Section S. If more space is needed, please attach a separate sheet with the required Information. The following information must be completed for each licensee and each affiliate (spouse), This individual is an: D applicant D affiliate Name: Address: City: I State: I I ZIP: I This indi\/idual is an: D applicant 0 affiliate Name: Address: City: I State: I 1. ZIP: I Section 5 -Entity Ownership Information This section must be completed by any entity. including a corporation, limited liability company (LLC}, partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space Is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the applicant is a limited llabllity organization, the following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the applicant Is a gartnership, including a limited partnership, the following information must be completed for each partner with an Interest of 10% or more, and for each general partner. Entity Official: Joanna Pitsilionis Title(s): Member I Phone: 1907-953-2222 I % Owned: 1100 Address: P.O. Box 151 City: Kenai I State: IAK I ZIP: 199611 (Form AB·Ol] (rev 2/24/2022) 4.Mib Page 3of7 , r Page 263Alcohol and Marijuaha Control Office S50 W ih Avenue.-----, Anchorag lco o. -,,¼•~ httpd/ ~r.ommercP 91a~ka F v/web/amp. Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Entity Official: Title(s): I Phone: I l %Owned: I Address: City: I State: I I ZIP: I Entity Official: Title(s): I Phone: I l %Owned: I Address: City: I State: I I ZIP: I Entity Official: Title(s): I Phone: I 1 %Owned: I Address: City: I State: I I ZIP: I This subsection must be completed by any applicant that is a corporation or LLC. Corporatfons and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who Is an individual resident of the state of Alaska. DOC Entity #: 10203497 I AK Formed Date: 8/8/2022 Registered Agent: Joanna Pitsilionis Agent's Phone: Agent's MailingAddress: PO BOX 151 City: Kenai I State: AK Residency of Agent: Is your corporation or LLC's registered agent an individual resident of the state of Alaska? [Form AB-01] (rev 2/24/2022) Home State: !AK 907-953-2222 ZIP: j99611 .!Witb SF 27 ?nn Yes No Page4of7 Page 264Alcohol and Marijuana Control ot 550 W ih Avenu 011 ) ttm,://!Nww.commg!l€:.alaska,goy/web/am,q Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board . •. Form AB-01: Transfer License Application Section 6 -Other Licenses ownership and financial interest in other alcoholic beverage businesses: Does any representative or owner named as a transferee in this application have any direct or indirect financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? Yes No If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed In Alaska, which license number{s) and license type(s): Joanna Pitsilionis has ownership in Package #643 in Kenai, and Package #2592 in Kenai. + u \.j ,, "D) <j C(IV c.-.k Lr i \) V"V -:fi--i,< q -i..-~ D t c.t.\'h <M-6. lr b ~ av "g ~ Section 7 -Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: The Law Offices of Ernouf & Coffey, P.C. is assisting with the application process. SFP 27 agaa [Form AB.OlJ (rev2/24/2022) PageSof7 Page 265Alcohol and Ma1iuana Contr::J 550 w 7 Avenue. S Anchorage,A _ alcohol.licensing@alqska.gov https://wy{w.commerce.alaska.B911/web/aroco Phone: 90?.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 8 Trans ror Certifications Additional copies of this pa~e may be attached, as needed, for the controlling In erest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current lic:ensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. Signature of transferor George Pitsilionis Printed name of transferor Signature of transferor OFFICfAL SEAL Rlbeeea F. GMman NallyNllc•-of~ Printed name of transferor Signature of Notary Public Notary Public in and for the State of -~ ...... --.n.~~---My commission expires: l'J(p/{) 'l(ll) Z_W Subscribed and sworn to before me this __ day of ____ ~-----20_. Signature of Notary Public Notary Public in and for the State of _________ _ My commission expire$: _______ _ [Form AB·Ol) (rev 2/24/2022) Page6 of 7 Page 266Alcohol and Marijuana Control Offk 550 W 7th Avenue, Anchorag ► I r ·1n ~-ui.::=~==r ~SM go\'/web/amr;o Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 -Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that all proposed licensees (as defined in AS 04.11.260) and affiliates have been listed on this application. I ce"ify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS 04.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. 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 llcense/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. A£~~ Signtfum>ftransferee Joanna Pitsilionis Printed name [Form AB,01) ( rev 2/24/2022) Su Signature of Notary Public Notary Public in and for the State of ~ \ 0.5\(Q . My commission expires: d l 1 ) ~$ · ~ I \ day of &p\:e.~))tl , 2o_m. Page7of7 s r i 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Michele Turner, CMC Acting Borough Clerk Office of the Borough Clerk 1/27/2023 Sent via email: cityclerk@kenai.city Kenai City Hall City of Kenai RE: Non-Objection of Application Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Michele Turner, CMC Acting Borough Clerk cc: gianainc@gmail.co,; mailto:amco.localgovernmentonly@alaska.gov MT/jr Licensee/Applicant : Joanna Pitsilionis Business Name : PIZZA PARADISOS License Type : Beverage Dispensary License Location : 815 Frontage Rd, City of Kenai License No. : 3032 Application Type : Restaurant Designation Permit Transfer of Owner Page 267 Sponsored by: City Clerk New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3338-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE CHAPTER 1.15 - RULES OF ORDER, TO ALLOW APPROVAL OF THE AGENDA AND CONSENT AGENDA IN ONE MOTION, REMOVE SECTIONS THAT MAY CONFLICT WITH THE STATE OF ALASKA OPEN MEETINGS ACT, AND REMOVE ANY RULES THAT ARE STANDARD RULES AS ESTABLISHED IN ROBERTS RULES OF ORDER. WHEREAS, Kenai Municipal Code establishes rules for conducting the legislative business of the City; and, WHEREAS, it is a best practice to review the rules adopted by the City Council to ensure they align with the needs of the City, do not conflict with another rule adopted by the City Council and are not duplicated; and, WHEREAS, the proposed amendments would remove items that conflict with or are duplicated within another adopted rule or law. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section of Kenai Municipal Code, Chapter 1.15: That Kenai Municipal Code, Chapter 1.15 Rules of Order, is hereby amended as follows: Chapter 1.15 Rules of Order 1.15.010 Presiding officer. (a) The Mayor shall preside at all meetings of the Council. He or she shall preserve order and decorum among the Council Members and is responsible for conduct of all meetings in compliance with these rules. He or she may, at any time, take such reasonable action as he or she deems proper to preserve order among the spectators in the Council Chamber during sessions of the Council. He or she may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duly seconded as herein provided. He or she may participate in the debate on any matter. He or she may, at any time, call any member to the Chair during any meeting, such substitution to discontinue when he or she elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. (b) In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the Council to order at any regular or duly called special meeting to elect a president pro tempore from among its numbers; and the president pro tempore shall exercise all powers of Chair during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. 1.15.030 Public meetings. All meetings of the Council shall be open to the public, and all actions of the Council shall be taken in public meetings except as otherwise provided by another provision of law. [HOWEVER, THE MEMBERS OF Page 268~ K~NAI Ordinance No. 3338-2023 Page 2 of 9 New Text Underlined; [DELETED TEXT BRACKETED] THE COUNCIL SITTING AS THE COMMITTEE OF THE WHOLE AND ANY OTHER COMMITTEE OF THE COUNCIL MAY HOLD PRIVATE MEETINGS, AS PROVIDED BY THE CITY CHARTER, SECTION 2-6. THE COUNCIL, BY A VOTE OF FIVE (5) MEMBERS, MAY RESOLVE ITSELF INTO PRIVATE COMMITTEE OF THE WHOLE BY ADOPTING A MOTION THAT THE COUNCIL RESOLVE ITSELF INTO PRIVATE COMMITTEE OF THE WHOLE; AND THE MAYOR OR ANY FOUR (4) COUNCIL MEMBERS MAY CALL A MEETING OF THE PRIVATE COMMITTEE OF THE WHOLE WHEN THE COUNCIL IS NOT IN SESSION. (KC 1-10)] 1.15.040 Agenda. (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda as a “Scheduled Public Comment,” subject to policies and procedures adopted under subsection (j) of this section. Being placed on the “Scheduled Public Comment” [AGENDA ON THE “SCHEDULED PUBLIC COMMENT”] portion of the agenda does not limit or restrict the requester’s ability to speak on a different subject for which public comment is allowed. (d) A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under subsection (j) of this section and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. (e) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to subsections (a) through (d) of this section. A draft agenda shall be circulated to the Mayor and other Council Members and the City Manager. (f) Notice for each Council meeting shall be given to the public under policies and procedures adopted under subsection (j) of this section. Additional public notice of meetings may be given by other means as required by code or at the direction of Council. (g) A meeting packet containing the agenda, all legislative items, and supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. (h) The City Clerk shall cause a copy of the meeting packet to be posted on the City’s website and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under subsection (j) of this section. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under subsection (j) of this section. At least one (1) paper copy of the meeting packet shall be made available to the public at the meeting. (i) The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. (j) The administration shall develop policies and procedures to implement this section, subject to review and approval of Council by resolution or ordinance. (k) Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. 1.15.050 Order of business. Page 269 Ordinance No. 3338-2023 Page 3 of 9 New Text Underlined; [DELETED TEXT BRACKETED] (a) The order of business for every regular meeting of the City Council shall be outlined on an agenda. (b) The following shall be the order of business at the regular meetings of the City Council: (1) Call to Order: pledge of allegiance, roll call, and approval of the agenda and consent agenda [ APPROVAL] (public comment shall be permitted on items included on the consent agenda); (2) Scheduled Administrative Reports; (3) Scheduled Public Comment; ([3] 4) Unscheduled Public Comment; ([4] 5) Public Hearings; ([5] 6) Minutes of Previous Meetings; ([6] 7) Unfinished Business; ([7] 8) New Business; ([8] 9) Commission and Committee Reports; ([9] 10) Report of the Mayor; ([10] 11) Reports from Administration; ([11] 12) Additional Public Comment: citizen comments and Council Member comments; ([12] 13) Executive Session (when applicable); ([13] 14) Pending Legislation; and ([14] 15) Adjournment. (c) Those items on the agenda that are considered routine by the City Manager and the City Clerk shall be identified by an asterisk (or similar notation) next to the item as listed on the agenda and thereby included under that portion of the agenda entitled “Consent Agenda.” [UNLESS A COUNCIL MEMBER REQUESTS THAT AN ITEM ON THE CONSENT AGENDA BE CONSIDERED UNDER THE REGULAR MEETING AGENDA, AND THUS REMOVED FROM THE CONSENT AGENDA, ITEMS LISTED AS PART OF THE CONSENT AGENDA SHALL BE CONSIDERED, INTRODUCED, ADOPTED, ACCEPTED, ETC., AS APPROPRIATE FOR THE ITEM LISTED ON THE AGENDA, BY MOTION OF THE COUNCIL AND ROLL CALL VOTE UNDER “CALL TO ORDER, CONSENT AGENDA APPROVAL.” THOSE ITEMS APPROVED UNDER THE CONSENT AGENDA SHALL APPEAR IN THE COUNCIL MINUTES AS IF ACTED UPON INDIVIDUALLY. THE COUNCIL SHALL CONSIDER AN ITEM REMOVED FROM THE CONSENT AGENDA IN ITS PROPER NUMERICAL ORDER AS INDICATED ON THE REGULAR AGENDA.] (1) The Consent Agenda will be set at the time of the approval of the agenda and a single vote will approve both the agenda and consent agenda. (2) At the time of consideration of the consent agenda, items may be added by the unanimous consent of the Council and any item may be removed by the objection of a single member of the Council. (3) Items removed from the Consent Agenda will be addressed in their proper numerical order of the regular agenda, unless otherwise set by the Council. (4) Adoption of the Consent Agenda will constitute approval of all items on the Consent Agenda by the Council. (d) If the Council desires to transact business out of its regular order, it may do so upon approval of a motion to suspend the rules, which motion must be approved by a two-thirds vote of the Council members in attendance. [IN THE ALTERNATIVE, AS EACH AGENDA ITEM COMES UP, A MAJORITY OF THE COUNCIL CAN AT ONCE LAY IT ON THE TABLE AND THUS REACH ANY QUESTION WHICH IT DESIRES TO DISPOSE OF FIRST.] Page 270 Ordinance No. 3338-2023 Page 4 of 9 New Text Underlined; [DELETED TEXT BRACKETED] (e) The City Clerk shall maintain a list of tabled and pending items. [THIS LIST SHALL BE STRICKEN AT THE END OF THE MEETING AT WHICH THE CERTIFICATION OF A REGULAR ELECTION OF ANY COUNCIL MEMBER TAKES PLACE.] (f) The administration may develop policies and procedures to implement this section, subject to review and approval of Council. (g) Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance, resolution or other Council action as long as there was a good faith effort at compliance by the City Clerk. 1.15.060 Motions. [(A) A MOTION TO AMEND AN AMENDMENT SHALL BE IN ORDER, BUT A MOTION TO AMEND AN AMENDMENT TO AN AMENDMENT SHALL NOT BE ENTERTAINED.] ([B]a) No appeal from any decision of the Chair shall be entertained unless it is seconded, and no other business shall be in order until the question on appeal has been decided. The question on appeal is not debatable and shall be put as follows: “Shall the decision of the Chair stand as the judgment of the Council?” It shall be deemed to be decided in the affirmative unless a majority of the votes given are to the contrary. [(C) ANY MEMBER MAY MAKE A PARLIAMENTARY INQUIRY OF THE CHAIR AT ANY TIME DURING THE MEETING.] ([d]b) Any member may make a point of order without a second at any time. The Chair may speak to points of order in preference to other members, and shall decide all such questions, subject to appeal to the Council by motion duly seconded; and no other business shall be in order until the question on appeal has been decided. [(E) WHEN THE PREVIOUS QUESTION IS MOVED BY ANY MEMBER, ALL DEBATE ON THE MAIN QUESTION SHALL BE SUSPENDED IMMEDIATELY AND THE CHAIR SHALL PUT THE QUESTION TO THE FOLLOWING FORM: “THE PREVIOUS QUESTION IS MOVED ON (SPECIFYING THE MOTION ON WHICH THE PREVIOUS QUESTION IS DEMANDED). AS MANY AS ARE IN FAVOR OF ORDERING THE PREVIOUS QUESTION WILL SO INDICATE.” IF FOUR (4) MEMBERS VOTE AFFIRMATIVELY, THE AFFIRMATIVE HAS IT, THE PREVIOUS QUESTION IS ORDERED, AND THE CHAIR WILL PROCEED IMMEDIATELY TO PUT TO A VOTE THE QUESTION ON WHICH THE PREVIOUS QUESTION WAS ORDERED. IF LESS THAN FOUR (4) MEMBERS SO INDICATE, THE NEGATIVE HAS IT, THE MOTION IS LOST, AND THE QUESTION REVERTS TO THE IMMEDIATELY PENDING QUESTION, WHICH IS AGAIN OPEN TO DEBATE AND AMENDMENT AS IF THE PREVIOUS QUESTION HAS NOT BEEN DEMANDED. (F) THE CHAIR SHALL PUT ALL QUESTIONS IN THE ORDER IN WHICH THEY ARE MOVED UNLESS A SUBSEQUENT MOTION SHALL BE PREVIOUS IN ITS NATURE, EXCEPT IN NAMING SUMS AND FIXING TIMES, THE LARGEST SUM AND THE LONGEST TIME SHALL BE PUT FIRST.] ([G]c) When a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof at the same meeting or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the Council. ([H]d) A motion to reconsider requires four (4) votes; if such motion thus prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debate on motions to reconsider shall be limited to twenty-five (25) minutes, and no member shall speak more than five (5) minutes. No motion shall be reconsidered more than once. ([I]e) A motion must be reduced to writing if the presiding officer so requires or any member so demands, and no other motion shall be entertained until reasonable time (not over ten (10) minutes) if afforded for compliance with this rule. [(J) ANY PREVIOUS VOTE MAY BE RESCINDED BY VOTE OF FOUR (4) MEMBERS OF THE COUNCIL AT ANY TIME, PROVIDED THE SUBJECT MATTER HAS NOT PASSED OUT OF THE CONTROL OF THE COUNCIL.] ([K]f) All motions shall require a second, unless otherwise provided. Page 271 Ordinance No. 3338-2023 Page 5 of 9 New Text Underlined; [DELETED TEXT BRACKETED] [(L) ANY MEMBER MAY REQUIRE THE DIVISION OF A QUESTION WHEN EACH PART IS CAPABLE OF STANDING ALONE.] [(M) WHEN A QUESTION IS UNDER DEBATE, THE PRESIDING OFFICER SHALL RECEIVE ANY OF THE FOLLOWING MOTIONS BUT NO OTHER: (1) TO ADJOURN; (2) TO RECESS; (3) TO RAISE A QUESTION OF PRIVILEGE; (4) TO CALL FOR THE ORDER OF THE DAY, OR THE REGULAR ORDER; (5) TO LAY ON THE TABLE; (6) FOR THE PREVIOUS QUESTION; (7) TO LIMIT OR EXTEND LIMITS OF DEBATE; (8) TO POSTPONE TO A CERTAIN TIME; (9) TO REFER; (10) TO POSTPONE INDEFINITELY.] [(N) WHEN ONE OF THE ABOVE MOTIONS HAS BEEN MADE, NONE OF THE OTHERS INFERIOR TO IT IN THE ORDER IN WHICH THEY STAND ABOVE SHALL BE MADE; AND IN PROCEEDING TO VOTE, MOTIONS PENDING SHALL BE PUT IN THE ORDER OF THEIR RANK AS ABOVE ARRANGED. THE FIRST SEVEN (7) ARE NOT SUBJECT TO DEBATE. A MOTION TO POSTPONE TO A CERTAIN TIME, REFER, AMEND, OR TO POSTPONE INDEFINITELY MAY BE AMENDED; THE PREVIOUS QUESTION MAY BE DEMANDED BEFORE AN AMENDMENT, WHICH MOTION SHALL BE DECIDED WITHOUT DEBATE. A MOTION TO ADJOURN SHALL ALWAYS BE IN ORDER, PROVIDED THAT BUSINESS OF A NATURE TO BE RECORDED IN THE JOURNAL HAS BEEN TRANSACTED SINCE ANY PREVIOUS MOTION TO ADJOURN HAS BEEN DEFEATED. NO MOTION OR PROPOSITION OF A SUBJECT DIFFERENT TO THAT UNDER CONSIDERATION SHALL BE ADMITTED UNDER AN AMENDMENT. W HEN A MATTER HAS BEEN ESPECIALLY ASSIGNED TO BE TAKEN UP AT A FIXED TIME, OR AT A CERTAIN STAGE OF PROCEEDINGS, SUCH MATTER SHALL, AT THE APPOINTED TIME, OR AT ANY TIME SUBSEQUENT THERETO, BE IN ORDER UPON THE CALL OF ANY MEMBER, AND TAKE PRECEDENCE OVER ALL OF THE BUSINESS.] ([O]g) After a motion is stated or read by the presiding officer, it shall be deemed to be in the possession of the Council, and shall be disposed of by vote, but the mover may withdraw it at any time before decision or amendment, by consent of the second. ([P]h) The motion “to postpone to a certain time” is the motion by which action on a pending question or agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until after a certain event. 1.15.070 Ordinances—Procedure in passing. (a) Every ordinance shall be introduced in writing and the title shall be orally read before any vote for passage thereof is taken. After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least five (5) days prior to the time advertised for public hearing. (b) At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjourned, all persons interested who appear shall be given an opportunity to be heard. Before the hearing begins, the ordinance shall be read a second time by title or in full. (c) After such hearing, the Council may finally pass such ordinance with or without amendments. The vote on final passage shall be by roll call, and the vote shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. By Page 272 Ordinance No. 3338-2023 Page 6 of 9 New Text Underlined; [DELETED TEXT BRACKETED] unanimous consent of all Council Members present, such ordinances may be read a second time and then, by the required vote, be passed, on the same day on which they are introduced. All person’s present shall be given an opportunity to be heard before the vote on final passage. (e) After final passage, every ordinance shall be published by posting [IT IN FULL] the title on the Council bulletin board. (f) Emergency ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. All other ordinances shall go into effect one month after passage and publication unless they specify a later time, or unless they are referred to the voters by the referendum. (g) Within a reasonable time after final passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances of the City. 1.15.080 Resolutions. (a) Every resolution shall be introduced in writing and the title shall be orally read before any vote for passage hereof is taken. (b) On any vote for passage of a resolution, all persons interested who appear shall be given an opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments. First reading of any resolution shall be final and no further passage shall be required. After final passage, every resolution shall be [POSTED IN FULL] published by posting the title on the Council bulletin board. Every resolution, unless it shall specify a later date, shall become effective upon final passage. 1.15.090 Ordinances and resolutions. Oral reading in full of an ordinance or resolution may be requested by any member of the Council present [BE WAIVED BY UNANIMOUS CONSENT OF ALL COUNCIL MEMBERS PRESENT, BUT IN SUCH CASE THE ORDINANCE OR RESOLUTION SHALL BE READ BY TITLE]. 1.15.100 Speaking. (a) A member about to speak shall respectfully address the Chair, and shall not commence to speak until recognized by the Chair. When two (2) or more members request to speak at the same time, the Chair shall determine which one is recognized. (b) Every member while speaking shall confine himself or herself to the subject under debate, shall refrain from personalities, and shall not refer to any other member of the Council except in a respectful manner. (c) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parliamentary inquiry or make a point of order. (d) No member shall speak more than twice or for more than ten (10) minutes continuously to any one question, except that one or more additional periods of ten (10) minutes may be granted by unanimous consent. The reading of papers desired by any member shall be read by himself or herself or by the City Clerk within the member’s time limitation unless permission for the Clerk to read such paper outside the time limitation is unanimously granted. 1.15.110 Voting. (a) The Chair shall declare all votes; but, if any member doubts a vote, the Chair, without further debate upon the question, shall request the members voting in the affirmative and negative respectively to indicate by show of hands, and he shall declare the result. Page 273 Ordinance No. 3338-2023 Page 7 of 9 New Text Underlined; [DELETED TEXT BRACKETED] (b) In all meetings of the City Council, the vote shall be taken by yeas and nays on the passage of all ordinances, resolutions, and authorizations for the payment of money, and on the passage of any motion, order, or resolution when called for by any member of the Council, and such yea and nay vote of each member shall be permanently entered on the record of the proceedings of the Council by the City Clerk. Other voters may be by voice or show of hands. (c) No member shall vote on any question in which he or she has a [IS PECUNIARILY] pecuniary interest[ED] directly or indirectly and in which his or her vote may be decisive, except as herein set forth. Should any member desire to intend to have business dealings with the City whereby he or she may derive income and benefits other than those provided as remuneration for his or her official duties, he or she shall file with the City Clerk, in such form as the Clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the interest, direct or indirect, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post a copy of said statement on the Council bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transaction, and the City Clerk may require a deposit to insure payment thereof. The Council shall take no action with regard thereto until at least ten (10) days shall have elapsed after the filing of the statement by the member and until at least seven (7) days shall have elapsed after the publishing and posting of said statement as required herein. (See also Chapter 1.85.) (d) Every member who shall be present when a question is put, when he or she is not disqualified by personal interest, shall vote, unless the Council for special reason excuses him or her. Applications to so excuse must be made before the vote, and shall be decided without debate. (e) Anything to the contrary in these rules notwithstanding, in all cases where an extraordinary majority is not required, and when no motion is before the Council, the Chair may, in lieu of calling for or waiting for a motion to be made, put the question in the following form: “Without objection, it will be so ordered.” If no objection is heard, he or she shall announce: “It is so ordered,” which will have the same effect as if a motion to that effect has been made and voted upon favorably. If a single objection is reasonably expressed when the question is put, the Chair shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regular manner. 1.15.120 Rules of order. (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writing as a nonemergency ordinance, and may be passed in the same manner as other nonemergency ordinances. (b) The most current edition of Robert’s Rules of Order Newly Revised shall govern in all cases to which they are applicable and in which they are not inconsistent with City Charter or ordinance and any special rules of order the Council may adopt. (c) The Council rules shall be observed in all cases unless suspended temporarily for a special purpose of an emergency nature by a vote of five (5) members present. Any member may move, at any time, for the suspension of any rule, and such motion must be seconded to entitle it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the Chair shall, or any member may, call the member to order; in which case the member so called to order shall immediately cease discussion unless permitted by the Chair to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, the member shall be at liberty to proceed; if otherwise, the member shall not proceed without leave of the Council to proceed in order. 1.15.130 Remote electronic participation. Page 274 Ordinance No. 3338-2023 Page 8 of 9 New Text Underlined; [DELETED TEXT BRACKETED] (a) A member of the Council may participate via electronic means in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via electronic means, the Vice-Mayor or president pro tempore shall preside. (b) No more than the first three (3) members to contact the Clerk regarding remote electronic participation in a particular meeting may participate via electronic means at any one (1) meeting unless it is a special meeting called to consider an emergency action, in which case all members may participate via remote electronic participation. (c) The member shall notify the Clerk’s office as soon as reasonably practical, but not less than two (2) hours prior to the start of the Council meeting that the member proposes to attend by remote electronic means. Such notification shall state the reason for remote electronic participation and, if needed, shall provide the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification within the period of time provided herein shall result in the member’s exclusion from attendance of a Council meeting through remote electronic participation. The Clerk shall notify all Council members of the request. (d) At the meeting, the Clerk shall establish the appropriate connection when the call to order is imminent. (e) A member participating by remote electronic means shall be counted as present for purposes of discussion, voting, constituting a quorum and attendance. (f) The member participating by remote electronic means shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection, if necessary. (g) The member participating by remote electronic means may ask to be recognized by the Chair to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by remote electronic means at the member’s expense. (i) If the remote electronic connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. (j) Meeting times shall be expressed in Alaska Time regardless of the time at the location of any member participating by remote electronic means. (k) Participation by remote electronic means shall be allowed for regular, special and work session meetings of the Council. (l) Remarks by members participating by remote electronic means shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, “electronic means” means any system for synchronous two (2) or more way voice and/or virtual communication. “Mayor” includes the Vice-Mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of four (4) regular meetings by remote electronic means during the twelve (12) month period starting November 1st of each year unless an exception provided below applies and any number of special meetings or work sessions. (o) A Council member may attend an additional two (2) meetings by remote electronic means during a twelve (12) month period starting November 1st of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or extended medical care and treatment or death of the member’s immediate family. Page 275 Ordinance No. 3338-2023 Page 9 of 9 New Text Underlined; [DELETED TEXT BRACKETED] (p) A Council member may attend an additional two (2) meetings by remote electronic means during a twelve (12) month period starting November 1st of each year when the member is traveling on Council approved City business. (q) In this section, “immediate family” means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person’s spouse. (r) In this section “City business” means anytime a member is traveling or in a location outside the City on behalf of the City or attending training, as approved by Council and in compliance with the Council Travel Policy. (s) In this section “emergency action” means any action which in the judgment of Council is necessary for the immediate preservation of public peace, health or safety. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15TH DAY OF MARCH, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: March 1, 2023 Enacted: March 15, 2023 Effective: April 14, 2023 Page 276 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: February 22, 2023 SUBJECT: Ordinance No. 3338-2023 - Amending Kenai Municipal Code Chapter 1.15 - Agencies, Officers and Employees - Rules of Order to Allow Approval of the Agenda and Consent Agenda in One Motion, Remove Sections that May Conflict with the State of Alaska Open Meetings Act (AS 44.62.310-.312), and Remove any Rules that are Standard Rules as Established in Roberts Rules of Order. Kenai Municipal Code (KMC) 1.15 establishes rules for conducting City business. Many of the existing rules within KMC 1.15 are standard rules established within Roberts Rules of Order or within a Policy adopted by the City Council. Having one rule located in one place is effective in managing how City business is conducted according to those rules, and may prevent two rules affecting the same action to create a conf lict with one another. The proposed changes to KMC 1.15 would: • The amendment to KMC 1.15.030 would remove language that conflicts with the state of Alaska Open Meetings Act (OMA). (AS 44.62.310-312) OMA requires governmental meetings to be noticed and open to the public. It further defines a meeting as a gathering of the members when more than three members or a majority of the members a present and a matter upon which the governmental body is empowered to act on is considered by the members collectively. OMA defines governmental bodies as councils, boards, commission, committees and any other similar body of public entity; and is applicable to general law and home rule municipalities. • The amendment to KMC 1.15.040 (c) clarifies when a matter may be placed on the agenda by a member of the public and at which time that matter will be taken. • The amendment to KMC 1.15.050 (b) adds a place on the agenda for “Scheduled Administrative Reports” this addition will provide a place on the agenda for reports from individuals who are providing a direct service (contractual or otherwise) to the City and are reporting on those services. • The amendment to KMC 1.15.050 (c) will combine the approval the agenda and consent agenda into one single motion. This will not change the process, it only changes the number of motions being made. Page 277 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 2 of 2 • The amendment to KMC 1.15.050 (d) removes language related to tabling items. The current language within code is a standard rule within Roberts Rules of Order. • The amendment to KMC 1.15.050 (e) removes language regarding pending legislation being stricken. Roberts Rules of Order establishes that items fall to the floor at the close of a session; for the City Council a session ends when there is a change in the body (certification of an election). The new session begins at the meeting following certification. • The amendment to KMC 1.15.050 (g) expands the items that may not be invalidated, to include other items that are regularly acted on by the City Council. • The amendments deleting paragraphs a, c, j, l, m and n from KMC 1.15.060, removes language that are standard rules within Roberts Rules of Order. • The amendment to KMC 1.15.060 (e), would remove the current City practice related to calling the question, “Question”. One of the purposes of Roberts Rules of Order is to establish the rule of the majority while respecting/hearing the voice of the minority. Allowing one person to call the question does not support that purpose. Roberts Rules of order requires that the member has the floor before make the motion “Question”, it then requires a second and a majority vote of the body to call the question. • The amendment to KMC 1.15.070 reflect the current practice that the titles are read and posted. • The amendments to KMC 1.15.080 reflect the current practice that the titles are read and posted. • The amendment to KMC 1.15.090 reflects the current practice regarding reading in full of an ordinance or resolution. Page 278 The City of Kenai I www.kenai.city MARCH 1, 2023 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to item F.1 Ordinance No. 3332-2023 •Planning & Zoning Commission Recommendations Memo •Requested Amendment Memo •Public Comments City Clerk 2 10 11 1 Page 1 of 4 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: February 28, 2023 SUBJECT: Planning & Zoning Commission Recommended Amendments to Ordinance 3332-2023 The Planning and Zoning Commission during their February 22, 2023 Regular meeting recommended the following amendments: Planning & Zoning Commission Recommendation 1 Planning & Zoning Commission Recommendation 2 Amend Section 1, paragraph c. 1. to read: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet will be subject to the standards in subsection (k). This allowance for the keeping of chicken hens does not permit commercial activities where otherwise prohibited or additional permitting or licensing is required.” Clerk’s Note: The recommendation above was approved by vote of: 6-Yea, 0-Nay, 1-Absent. Commissioner Greenberg was absent. Amend Section 1, paragraph h. 1. to read: “Up to four (4) chicken hens may be kept on lots of 24,000 square feet or less [A MAXIMUM OF TWELVE (12) CHICKEN HENS MAY BE KEPT ON LOTS] with a permitted principal structure. One (1) additional chicken hen is allowed for each additional 2,000 square feet of lot area.” Clerk’s Note: The recommendation above was approved by a vote of: 5-Yea, 1-Nay, 1- Absent. Commission. The Nay vote was cast by Commissioner Glendening. 2 Page 2 of 4 Planning & Zoning Commission Recommendation 3 Planning & Zoning Commission Recommendation 4 Planning & Zoning Commission Recommendation 5 Amend Section 1, paragraph h as follows: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS1, RS2, and TSH zoning districts, subject to the following standards:” Clerk’s Note: The recommendation above was approved by a vote of: 6-Yea, 0-Nay, 1-Absent; and is in support of the first amendment as proposed in the Knackstedt January 26, 2023 Comments and Proposed Amendments Memo. Section 1, paragraph h. 3. and h. 4. as follows: “(3) Chicken coops, hutches or other fully enclosed shelters must be located in the rear yard [MAY NOT BE LOCATED IN A FRONT YARD OR SIDE YARD THAT ABUTS A STREET IN A RESIDENTIAL ZONING DISTRICT] and must have a minimum setback of fifteen feet (15’) from the side yards, ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots. (4)Fences, corral, pen, or other similar containment structures must be located in the rear yard and have a minimum setback of fifteen feet (15’) from the side yards, [TWENTY-FIVE FEET (25’) FROM THE FRONT YARD,] ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots.” Clerk’s Note: The recommendation above was approved by a vote of: 6-Yea, 0-Nay, 1-Absent; and is in support of the third amendment as proposed in Knackstedt January 26, 2023 Comments and Proposed Amendment Memo. Amend Ordinance No 3332-2023 to exclude the Suburban Residential RS Zones: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS, RS1, RS2, and TSH zoning districts, subject to the following standards:” Clerk’s Note: The recommendation above was approved by a vote of: 5-Yea, 1-Nay, 1-Absent. The Nay vote was cast by Commissioner Glendening. 3 Page 3 of 4 Planning & Zoning Commission Recommendation 6 Planning & Zoning Commission Recommendation 7 Planning & Zoning Commission Recommendation 8 Amend Section 1, paragraph h. 5. as follows: “All shelters or containment structures must be constructed of durable weather resistant materials, secured, and kept in good repair. The siding and roofing must be constructed with solid and durable construction materials.” Clerk’s Note: The recommendation above was approved by a vote of: 5-Yea, 1-Nay, 1-Absent. The Nay vote was cast by Commissioner Coston. Amend Section 1, paragraph h. by adding a new subparagraph to read as follows: “All feed for chickens must be stored securely to prevent access from rodents and other non- domestic animals.” Clerk’s Note: 1.) The recommendation above was approved by a vote of: 6-Yea, 0-Nay, 1- Absent. 2.) Each newly added subparagraph will be numbered accordingly, following the previous subparagraph number. Subparagraph numbering will be considered technical amendments and completed by the City Clerk. Amend Section 1, paragraph h. by adding a new subparagraph to read as follows: “On lots twenty-four thousand square feet or less, a registration for chicken hens must first be obtained from animal control prior to moving any number of chicken hens onto the property. The registration will require certification that all provisions of this title are complied with.” Clerk’s Note: 1.) The original motion was for twenty thousand square feet. It was changed to twenty-four thousand feet by amendment which was approved by a vote of: 6- Yea, 0-Nay, 1-Absent 2.) The amended recommendation above was approved by a vote of: 6-Yea, 0- Nay, 1-Absent. 3.) Each newly added subparagraph will be numbered accordingly, following the previous number. Numbering will be considered technical amendments and completed by the City Clerk. 4 Page 4 of 4 Planning & Zoning Commission Recommendation 9 The Planning and Zoning Commission recommended City Council enact Ordinance No. 3332- 2023 with the recommended Planning and Zoning Commission amendments by the following vote: Yes: Halstead, Coston, Glendening, Twait No: Fikes, Woodard Absent: Greenberg Vote: 4 Yes, 2 No, 1 Absent - Motion Passed. The following four (4) pages show all primary and secondary, approved and failed motions made during the February 22, 2023 Planning and Zoning Commission Meeting Amend Section 1, paragraph h. by adding a new subparagraph to read as follows: “Chicken coops, hutches or other fully enclosed shelters may not exceed eight feet (8’) in height.” Clerk’s Note: 1.) The recommendation above was approved by a vote of: 4-Yea, 2-Nay, 1- Absent. The Nay votes were cast by Commissioners Glendening and Twait. 2.) Each newly added subparagraph will be numbered accordingly, following the previous subparagraph number. Subparagraph numbering will be considered technical amendments and completed by the City Clerk. 5 New Text Underlined; [DELETED TEXT BRACKETED IN SMALL CAPS] Ord 3332-2023 Motions in order: #1 Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph c. 1. to read: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet will be subject to the standards in subsection (k). This allowance for the keeping of chicken hens does not permit commercial activities where otherwise prohibited or additional permitting or licensing is required.” Commissioner Halstead SECONDED the motion. Vote on Motion: Yes: Woodard, Coston, Glendening, Twait, Halstead, Fikes No: None. Absent: Greenberg Vote on Motion: 6 Yes, 0 No, 1 Absent - Motion Passed. #2 Commissioner Woodard MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 1. to read: “Up to four (4) chicken hens may be kept on lots of 24,000 square feet or less [A MAXIMUM OF TWELVE (12)CHICKEN HENS MAY BE KEPT ON LOTS] with a permitted principal structure. One (1) additional chicken hen is allowed for each additional 2,000 square feet of lot area.” Commissioner Halstead SECONDED the motion. Amend: Commissioner Glendening MOVED to amend the proposed amendment as follows: “A maximum of twelve (12) chicken hens may be kept on lots in the Rural Residential (RR) zones and a maximum of six (6) [UP TO FOUR (4)] chicken hens [MAY BE KEPT] on lots in other allowed zones [OF 24,000 SQUARE FEET OR LESS] with a permitted principal structure. One (1) additional chicken hen is allowed for each additional 2,000 square feet of lot area.” Commissioner Halstead SECONDED the motion to amend the main motion. Vote on Motion to Amend the main motion: Yes: Coston, Glendening No: Twait, Halstead, Fikes, Woodard Absent: Greenberg Vote on the motion to AMEND the main motion: 2 Yes, 4 No, 1 Absent - Motion Failed to Adopt. Vote on the Main Motion: Yes: Twait, Halstead, Fikes, Woodard, Coston No: Glendening Absent: Greenberg Vote on the MAIN motion: 5 Yes, 1 No, 1 Absent - Motion Passed. #3 Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h as follows: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS1, RS2, and TSH zoning districts, subject to the following standards:” Commissioner Halstead SECONDED the motion. Vote on Motion: Yes: Twait, Halstead, Fikes, Woodard, Coston, Glendening No: None. Absent: Greenberg 6 Vote: 6 Yes, 0 No, 1 Absent - Motion Passed. #4 Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 3. and h. 4. as follows: “(3) Chicken coops, hutches or other fully enclosed shelters must be located in the rear yard [MAY NOT BE LOCATED IN A FRONT YARD OR SIDE YARD THAT ABUTS A STREET IN A RESIDENTIAL ZONING DISTRICT] and must have a minimum setback of fifteen feet (15’) from the side yards, ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots. (4) Fences, corral, pen, or other similar containment structures must be located in the rear yard and have a minimum setback of fifteen feet (15’) from the side yards, [TWENTY-FIVE FEET (25’) FROM THE FRONT YARD,] ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots.” Commissioner Halstead SECONDED the motion. Vote on Motion: Yes: Halstead, Fikes, Woodard, Coston, Glendening, Twait No: None. Absent: Greenberg Vote: 6 Yes, 0 No, 1 Absent - Motion Passed. #5 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, to exclude Suburban Residential RS. Commissioner Fikes SECONDED the motion. Amend: Commissioner Woodard MOVED to amend the proposed amendment, to exclude lots under 15,000 square feet in the Suburban Residential RS. Commissioner Glendening SECONDED the motion. Vote on Motion to Amend the main motion: Yes: Twait, Woodard, Glendening No: Halstead, Fikes, Coston Absent: Greenberg 3 Yes, 3 No, 1 Absent - Motion Failed to Adopt. Vote on Motion: Yes: Halstead, Fikes, Woodard, Coston, Twait No: Glendening Absent: Greenberg Vote on the MAIN motion: 5 Yes, 1 No, 1 Absent - Motion Passed. #6 Commissioner Coston MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 5. as follows: “All shelters or containment structures must be constructed of durable weather resistant materials, secured, and kept in good repair. The siding and roofing must be constructed with solid and durable construction materials.” Commissioner Woodard SECONDED the motion. Vote on Motion: Yes: Fikes, Woodard, Glendening, Twait, Halstead No: Coston Absent: Greenberg Vote: 5 Yes, 1 No, 1 Absent - Motion Passed. 7 #7 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 9 as follows: “All feed for chickens must be stored securely to prevent access from rodents and other non-domestic animals.” Commissioner Glendening SECONDED the motion. Vote on Motion: Yes: Coston, Glendening, Twait, Halstead, Fikes, Woodard No: None. Absent: Greenberg Vote: 6 Yes, 0 No, 1 Absent - Motion Passed. #8 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h by adding a new paragraph 10 as follows: “On lots twenty thousand square feet or less, a registration for chicken hens must first be obtained from animal control prior to moving any number of chicken hens onto the property. The registration will require certification that all provisions of this title are complied with.” Commissioner Glendening SECONDED the motion. Amend: Commissioner Glendening MOVED to amend the proposed amendment as follows: “On lots twenty-four (24) thousand square feet or less, a registration for chicken hens must first be obtained from animal control prior to moving any number of chicken hens onto the property. The registration will require certification that all provisions of this title are complied with.” Commissioner Halstead SECONDED the motion to amend the main motion. Vote on Motion to amend the main motion: Yes: Twait, Halstead, Fikes, Woodard, Coston, Glendening No: None. Absent: Greenberg Vote on the motion to AMEND the main motion: 6 Yes, 0 No, 1 Absent - Motion Passed. Vote on main Motion as amended: Yes: Twait, Halstead, Fikes, Woodard, Coston, Glendening No: None. Absent: Greenberg Vote on the MAIN motion as amended: 6 Yes, 0 No, 1 Absent - Motion Passed. #9 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 12 as follows: “Chicken coops, hutches or other fully enclosed shelters may not exceed eight feet (8’) in height.” Commissioner Woodard SECONDED the motion. Vote on Motion: Yes: Fikes, Woodard, Coston, Halstead No: Glendening, Twait Absent: Greenberg Vote: 4 Yes, 2 No, 1 Absent - Motion Passed. 8 #10 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 13 as follows: “All enclosures, coops, hutches, pens, or appurtenances for chicken hens must be fully screened from public view and neighboring properties with fences, walls, obstructions, or natural screening not less than six feet (6’) in height.” Commissioner Coston SECONDED the motion. Vote on Motion: Yes: Halstead, Fikes, Coston No: Glendening, Twait, Woodard Absent: Greenberg Vote: 3 Yes, 3 No, 1 Absent - Motion Failed to Adopt. #11 Commissioner Halstead MOVED to recommend the City Council enact Ordinance No. 3332-2023 with the recommended amendments from the Planning and Zoning Commission. Commissioner Glendening SECONDED the motion. Vote on Motion: Yes: Halstead, Coston, Glendening, Twait No: Fikes, Woodard Absent: Greenberg Vote: 4 Yes, 2 No, 1 Absent - Motion Passed. 9 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Meghan Thibodeau, Deputy City Clerk DATE: February 28, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Amendment The purpose of this memo is to request an amendment to Ordinance No. 3332-2023 based on the Planning and Zoning Commission’s recommendations. The following amendment is respectfully requested. Motion Thank you for your consideration. Add two final WHEREAS which read: WHEREAS, at its meeting on January 25, 2023, the Planning and Zoning Commission recommended enactment of this Ordinance with the following conditions: •That a Planning & Zoning and/or City Council Work Session be scheduled prior to enactment. •Include provisions that containment of chickens be restricted to the back of the house in the rear yard. WHEREAS, at its meeting on February 22, 2023, the Planning and Zoning Commission recommended enactment of this Ordinance with further recommended conditions. 10 From:Henry Knackstedt To:Shellie Saner; Brian G. Gabriel, Sr. Subject:Fwd: Social Media Promotion Date:Friday, February 24, 2023 8:57:27 AM Shellie Please proved the email from Mr Moloy as well as the message from Council Member Douthit in our packet. Henry ---------- Forwarded message ---------- From: Bob Molloy <bob@molloyschmidt.com> Date: Feb 24, 2023 7:58 AM Subject: Social Media Promotion To: Henry Knackstedt <HKnackstedt@kenai.city>,"Brian G. Gabriel, Sr." <BGabriel@kenai.city> Cc: CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good morning Mayor Gabriel and Council Member Knackstedt: I think Council Member Douthit’s message should be “Council Member Douthit looking … “ not “City of Kenai looking” … makes it look like his ad is sponsored by the City His text preceding this ad targets a “select group from Woodland” who has opposed. Divisive. FYi- Bob Sent from my iPhone 11 12 13 14 15 16 17 18 19 20 21 From:Kristen Agosti To:City Clerk Subject:Support for Ordinance No 3332-2023 Allowing Chickens within City Limits Date:Monday, February 27, 2023 3:21:16 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, I am a homeowner in Kenai City limits and strongly desire that it be approved to allow chickens within city limits. Allowing chickens within city limits would be a wonderful improvement to our community. Thank you. Kristen Agosti 22 From:Alexander Agosti To:City Clerk Subject:Ordinance #3332-2023 / Chickens in City Limits Date:Monday, February 27, 2023 3:50:01 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To whom it may concern: ** I am a homeowner residing within Kenai City Limits. As a resident of Kenai and a lifelong Alaskan, food security has always been on the forefront of many local communities. In the wake of a global pandemic, international uncertainty and record inflation we are facing today one of the greatest threats of food insecurity in decades. Geographically, Alaska is further disconnected from the global supply chain, thus making Alaskans increasingly vulnerable to the volatility of the surrounding world. I am writing to express my profound support in FAVOR of ordinance #3332-2023. The ability to source a healthy, sustainable and reliable product at a time of economic and political turmoil is becoming increasingly valuable. I strongly encourage the council to consider this ordinance. Thank you, Alex Agosti Kenai Alaska 23 From:Hack (null) To:City Clerk Subject:Support letter for Amending Livestock Code Date:Tuesday, February 28, 2023 9:29:24 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. JUDSON AND NADIA HACK 606 LAUREL DRIVE KENAI, AK 99611 RE: AMENDING KENAI MUNICIPAL CODE SECTION 3.10.070 – Livestock Within The City Limits To Allow A maximum Of 12 Chicken Hens To Be Kept On Certain Lots Less Than 40,000 Square Feet Within The City Of Kenai Dear Council Chair Twait and Council Members As homeowners in the Woodland Estates, we are writing in favor of approving Kenai City Council Ordnance No. 3332-2023 regarding keeping chicken hens on our property within defined guidelines, as approved by this Council. As others have stated, chickens and their eggs provide a sustained means of food for families during times of depleted resources. Their waste can also be a positive means of environmental sustainment via composting, etc. My family have raised chickens in the past and we are well familiar with the benefits this food source has to offer. Plus, if managed correctly chickens are virtually quiet (as roosters will not be introduced), clean, and environmentally friendly. We are not advocating for any free-range (free to roam) open space cooping, but a well-maintained coop capable of supporting the maximum number of laying hens the Council determines acceptable. In closing, please consider approving the Ordnance without exempting certain neighborhoods simply based on objections from a few within those neighborhoods. Very Respectfully Submitted, Judson and Nadia Hack Sent from my iPhone 24 MORE EXAMPLES OF COUNCIL MEMBERS DOUTHIT AND WINGER VIOLATING THE PUBLIC TRUST DOUTHIT: In addition to the single example of Council Member Douthit's 'pro-chicken cheerleading' which I provided in my testimony entitled, 'COUNCIL MEMBERS WINGER AND DOUTHIT HAVE VIOLATED THE PUBLIC TRUST' (see pages 177-180 of the March 01 KCC Regular Meeting Packet), on the following pages are two more examples of Council Member Douthit actively pushing the pro-chicken side only, instead of urging BOTH pro- and anti- chicken sides to let their voices be heard, like a responsible City Council Member would do. In the first example, (highlighted in green-- see Page 2), Douthit thanks the people providing pro-chicken support and urges the pro-chicken people to keep the support coming. Douthit says: '... Thanks for all the positive support for the chicken ordinance. I feel it is going in the right path and should hopefully come to a positive solution at our March 1 meeting. Make sure a [sic] keep the support up.' The next example (see Page 3), is an 'editorial cartoon' posted on Douthit's 'Alex Douthit For Kenai City Council' Facebook page, which infers disparagingly about those persons living in covenant-restrictive communities who desire to maintain their chicken-free status quo. Douthit says: 'Some times you just need to laugh.' WINGER: On Pages 4 and 5 are two additional examples (highlighted in green) of Council Member Winger's self-interested 'pro-chicken cheerleading'. Like Douthit, she fails to urge BOTH pro- and anti- chicken sides to be heard. Ordinance 3332-2023 Joseph Huard 1078 Walnut Ave Testimony PAGE 1 OF 5 25 26 27 28 29 30 31 32 33 34 STATE OF ALASKA & THE RASMUSON FOUNDATIONBROADBAND &DIGITAL EQUITY WHAT IS THE STATEBROADBAND OFFICE?02 WHY A RASMUSONBROADBAND INITIATIVE?03 TO PROVIDE ALL ALASKANS...THE BROADBANDINITIATIVE GOALSACCESS TO HIGH-SPEED, RELIABLEBROADBANDAT AFFORDABLE PRICESTHROUGH AN EQUITABLE ANDTRANSPARENT PROCESSTHAT ENGAGES COMMUNITIES, ANDRESULTS IN A STRONG GOVERNANCESTRUCTURE THAT ENSURESPROGRAMMATIC GOALS AND BENEFITSARE REALIZED04 05WHAT ISDIGITALEQUITY?The condition in which individuals and communities havethe information technology capacity that is needed for fullparticipation in the society and economy of the UnitedStates.-National Telecommunications and InformationAdministrationDIGITAL EQUITY THE DIGITALEQUITY ACT06AND EDUCATION TO LOWINCOME GROUPSPROVIDES DIGITALSKILLS TRAININGIMPROVES ONLINEACCESSIBILITYEMPOWERS RURALCOMMUNITIESOF SOCIAL SERVICES FORINDIVIDUALS WITHDISABILITIESTO MEASURES AND ADDRESSTHEIR OWN BROADBANDNEEDS 07Each State will identify barriers to digitalequity in the State and strategies forovercoming those barriers.NTIA will distribute Digital Equity CapacityGrants through states and nationalcompetitive grants.THIS PLANNING WILL LEADTO IMPLEMENTATION 08AVAILABLE IN FEDERAL FUNDS FORALASKA BROADBAND$400 - $550MILLION 09LOW-INCOME INDIVIDUALS (AT ORBELOW 150% OF THE POVERTY LEVEL)INDIVIDUALS AGED 60 OR OLDERINCARCERATED INDIVIDUALS, OTHERTHAN THOSE INCARCERATED IN AFEDERAL FACILITYVETERANSINDIVIDUALS WITH DISABILITIESINDIVIDUALS WITH A LANGUAGEBARRIERMEMBERS OF A RACIAL OR ETHNICMINORITY GROUPRURAL ALASKANSCOVEREDPOPULATIONS ALASKA’S DIGITALEQUITY PLAN WILLINCLUDE:A STATEWIDE VISION FOR DIGITAL EQUITY A DIGITAL EQUITY FRAMEWORK AND SCORECARDPLANS FOR DIGITAL LITERACY INNOVATIONPROGRAMS PROPOSED TECHNOLOGY-RELATED APPRENTICESHIPOR OTHER WORKFORCE OPPORTUNITIES INTEGRATION WITH THE STATE’S UPCOMINGECONOMIC DEVELOPMENT STRATEGY,EDUCATIONAL AND HEALTH OUTCOMES, AND CIVICAND SOCIAL ENGAGEMENT ACTION STEPS TO IMPLEMENT THE DIGITAL EQUITYPLAN 10 11PART OF THE STATE BROADBAND PLANDIGITAL EQUITYSTATE DIGITAL EQUITY PLAN+TRIBAL DIGITAL EQUITY PLAN+STATE BROADBAND PLANNING=STATE FIVE-YEARBROADBAND ACTION PLAN 12THE PLANNING PROCESSOutreach to covered populationsData collection and analysisOther planning effortsStrategies that respond to identified needs and gapsConsult with a diverse Digital Equity Working GroupDraft Alaska’s Digital Equity Plan & Receive PublicComment from AlaskansPrepare for Implementation EffortsLISTEN AND UNDERSTANDCONSIDERATIONREFLECTION 13STATEWIDECOMMUNICATIONS LISTENING SESSIONS WITH KEYPOPULATIONS (IN-PERSON ANDVIRTUAL)PUBLIC COMMENT PROCESSES SOCIAL MEDIA, EMAIL, AND OTHERMEDIA TO RAISE AWARENESSLOCAL ADVERTISEMENTS ANDPUBLIC SERVICE ANNOUNCEMENTSPUBLIC PRESENTATIONSPARTNER WITH COMMUNITYANCHOR INSTITUTIONS TO HELPDISTRIBUTE INFORMATION ANDHOST LISTENING SESSIONS 14LISTENINGSESSIONSAPPROXIMATELY 48 PUBLIC MEETINGSTraveling to covered populations across the stateto ensure participation. OCTOBER 2022 – APRIL 2023The majority of listening sessions will take place in Fall 2022 through Spring 2023ATTENDANCE AT REGULARLYSCHEDULED EVENTSCovered populations and key stakeholders WE ARE TRAVELING TO 22+ HUB COMMUNITIES IN 2023CordovaMat-SuNomeKotzebueDillinghamBethelAnchorageFairbanksNorth PoleDeltaHealyKenai PeninsulaENGAGEMENT TOURGlenallenJuneauKetchikanSitkaUnalaskaUtqiagvikValdezKodiakKing Salmon15 EXISTINGDIGITALEQUITYINITIATIVES16THIS MEANS TAKING STOCK OFWHAT INITIATIVES ARE ALREADYWORKING TO INCREASE DIGITALEQUITY, SUCH AS:Digital navigatorsDigital literacy programsAffordability programsEquipment programDeveloping digital content that meets theneeds of covered populationsA required elementof the plan will be an“asset inventory.” 17HOW COMMUNITIESCAN HELPARE THERE CONVENINGS WE CANJOIN TO GET DIGITAL EQUITYINPUT?ARE THERE COVERED POPULATIONSIN YOUR COMMUNITY OR REGIONTHAT MAY BE ESPECIALLYDIFFICULT TO REACH, AND HOWCAN WE HEAR FROM THEM?DO YOU HAVE ANY INITIATIVES TOADDRESS DIGITAL EQUITY? HAVEYOU DONE OR ARE YOU DOING ANYDIGITAL EQUITY PLANNING? HOWCAN WE FIND OUT? 18CONTACTRASMUSON BROADBAND INITIATIVEGENERAL CONTACT - Broadband@Rasmuson.orgEMILY PAPE - Emily@KallanderAssociates.comSTATE OF ALASKA BROADBAND OFFICEGENERAL CONTACT - ced.abo.networkfeedback@alaska.govMELISSA KOOKESH, TRIBAL LIASION - melissa.kookesh@alaska.gov