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Home My WebLink About2023-07-05 Council PacketKenai City Council - Regular Meeting Page 1 of 3 July 05, 2023 Kenai City Council - Regular Meeting July 05, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) 1. Kenai Peninsula Economic Development District Quarterly Update, Tim Dillon, Executive Director. 2. Cook Inlet Regional Citizens Advisory Council (CIRCAC), Three-Year Recertification, John Williams, Vice President of CIRCAC. D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. Ordinance No. 3360-2023 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) 2. Ordinance No. 3361-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the 2022 Community Assistance Program, Passed through the State of Alaska, Department of Commerce, Community, and Economic Development for National Floodplain Insurance Program Training. (Administration) 3. Ordinance No. 3362-2023 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds to Provide Supplemental Funding for the Kenai Municipal Airport’s Sand Storage Facility Project and Authorizing a Contract Amendment for Professional Services. (Administration) 4. Ordinance No. 3363-2023 - Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to Establish a Minimum Standard for Public Notification for Commercial Marijuana Establishments and Page 1 Kenai City Council - Regular Meeting Page 2 of 3 July 05, 2023 Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts. (Douthit and Baisden) F. MINUTES 1. *Regular Meeting of June 21, 2023. (City Clerk) 2. *Special Meeting of June 21, 2023 (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Special Use Permit to Kenai Chamber of Commerce and Visitor Center for the Use and Operation of the Moosemeat John Cabin. (Administration) 4. *Action/Approval - Non-Objection to the Renewal of an Outdoor Recreation Lodge Liquor License for The Cannery Lodge, LLC, DBA The Cannery Lodge – License No. 5369 (City Clerk) 5. *Action/Approval - Non-Objection to the Renewal of a Package Store Liquor License for Three Bears Alaska, Inc, DBA Three Bears – License No. 4118 (City Clerk) 6. Discussion/Action - Radio Advertising. (Douthit) I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION 1. Review and Discussion of the City Manager's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Manager. [AS 44.62.310(C)(2)]. Page 2 Kenai City Council - Regular Meeting Page 3 of 3 July 05, 2023 N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 1. Mayoral Letter of Support for CIRCAC's Recertification. 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/88146644808 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 881 4664 4808 Passcode: 555087 Meeting ID: 881 4664 4808 Passcode: 555087 Page 3 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3360-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT RECEIVED THROUGH MADDIE’S FUND TO THE KENAI ANIMAL SHELTER FOR THE CARE OF ANIMALS. WHEREAS, the Kenai Animal Shelter applied for a grant through a 2023 Community Conversations with Maddie’s Fund and received an award of $2,500; and, WHEREAS, Maddie’s Fund is a family foundation that provides grants to animal shelter organizations towards ‘increased community collaborations and live outcomes’; and, WHEREAS, the animal control chief has identified the need for additional staff training and some additional equipment to be purchased with these grant funds; and, WHEREAS, the acceptance of these grant funds to further the mission of the Animal Shelter is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept these grant funds and to expend them as authorized by this ordinance and in line the intentions of the grant. Section 2. That estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Miscellaneous Grants $2,500 Increase Appropriations – Animal Control – Small Tools $1,000 Animal Control – Transportation 1,500 Total $2,500 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. 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. Page 4 Ordinance No. 3360-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF JULY, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: June 21, 2023 Enacted: July 5, 2023 Effective: July 5, 2023 Page 5 MEMORANDUM TO: Mayor Brian Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: June 9, 2023 SUBJECT: Ordinance No. 3360-2023 - Maddie’s Fund grant for Kenai Animal Shelter The Kenai Animal shelter applied for and received a grant after participating in the April 2023 Community Conversations. The Kenai Animal Shelter was awarded $2,500.00 in addition to the $4,375.00 that was awarded earlier in 2023. The Community Conversations was funded by Maddie’s Fund. The Animal Control Chief has identified the need for additional staff training and some additional equipment to be purchased with the grant funds. I am respectfully requesting consideration of the ordinance accepting and designating those funds to the Kenai Animal Shelter as they were intended. About Maddie’s Fund: Maddie's Fund® is a family foundation established in 1994 by Dave and Cheryl Duffield and is the fulfillment of a promise to an inspirational dog, Maddie. She provided them much joy for over ten years and continues to inspire them today. The Foundation has awarded over $265 million in grants toward increased community collaborations and live outcomes, pioneering shelter medicine education and establishing foster care as a standard across the U.S. Maddie’s Fund proudly offers the industry a national voice, important funding opportunities for bold ideas, learning resources and access to collaborate and share innovative solutions. The Foundation invests its resources in a commitment to keeping pets and people together, creating a safety net of care for animals in need and operating within a culture of inclusiveness and humility. #ThanksToMaddie. Page 6 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3361-2023 AN ORDINANCE ACCEPTING AND APPROPRIATING FISCAL YEAR 2023 FUNDS FROM THE 2022 COMMUNITY ASSISTANCE PROGRAM, PASSED THROUGH THE STATE OF ALASKA, DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT FOR NATIONAL FLOODPLAIN INSURANCE PROGRAM TRAINING. WHEREAS, the Planning and Zoning Department received $1,085.89 in federal grant funds from 2022 Community Assistance Program, passed through the State of Alaska, Department of Commerce, Community, and Economic Development, for training travel reimbursement; and, WHEREAS, the funds will be used to reimburse travel costs related to the Planning Director’s attendance at the Managing Floodplain Development through the National Floodplain Insurance Program course; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept these grant funds to fulfill the purpose and intent of this ordinance. Section 2. That estimated revenues and appropriations be increased in the FY2023 Budget as follows: General Fund: Increase Estimated Revenues – Federal Grants – Planning & Zoning $1,085.89 Increase Appropriations – Planning & Zoning – Transportation $1,085.89 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. Page 7 Ordinance No. 3361-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF JULY, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: June 21, 2023 Enacted: July 5, 2023 Effective: July 5, 2023 Page 8 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: June 13, 2023 SUBJECT: Ordinance No. 3361-2023 - National Floodplain Insurance Program Training Grant The State of Alaska, Department of Commerce, Community, and Economic Development received funds from the 2022 Community Assistance Program to pay for National Floodplain Insurance Program (NFIP) training grants for Floodplain Administrators. These funds can be spent on travel and lodging expenses for attendance of a NFIP course. The purpose of this ordinance is to accept and appropriate a grant of $1,085.89 for travel reimbursement on completion of the course Managing Floodplain Development through NFIP. Thank you for your consideration. Page 9 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3362-2023 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS TO PROVIDE SUPPLEMENTAL FUNDING FOR THE KENAI MUNICIPAL AIRPORT’S SAND STORAGE FACILITY PROJECT AND AUTHORIZING A CONTRACT AMENDMENT FOR PROFESSIONAL SERVICES. WHEREAS, the Kenai Municipal Airport (KMA) Sand Storage Facility project was authorized by Council through Ordinance 3155-2020 effective October 7, 2020; and, WHEREAS, the Ordinance authorized a Construction Contract to Orion Construction in the amount of $2,289,000 and awarded Contract Amendment 1 to HDL Engineering Consultants to cover contract administration fees proposed at $190,332 for a total design agreement to date of $456,013; and, WHEREAS, this project has experienced significant delays arising from the COVID pandemic and the supply chain issues created as a result of the pandemic, causing the need for significant additional construction administrative services; and, WHEREAS, this Ordinance provides supplemental funding in the amount of $100,000 to cover the additionally requested construction administrative costs of $132,993 to carry the project through completion anticipated for end of the calendar year 2023; and, WHEREAS, existing contingency funding is available to make up the difference between the $132,993 HDL Engineering Consultants Contract Amendment #2 and the $100,000 in supplemental funding being requested; and, WHEREAS, staff is coordinating with the Federal Aviation Administration (FAA), and expects a significant portion of these costs to be grant eligible and reimbursable to the City; and, WHEREAS, Council will see an additional Ordinance at a later date for appropriation of the Federal Aviation Administration (FAA) grant share once these amounts are known and confirmed; and, WHEREAS, completion of this Ordinance at this time will allow the design team to continue to support the project and charge for their services against the funding being provided with passage of this Ordinance; and, WHEREAS, staff evaluation of the services provided to date and the requested fees for continued services are reasonable given the circumstances surrounding the project; and, WHEREAS, approval of this Ordinance and authorization of Contract Amendment #2 to HDL Engineering Consultants in the amount of $132,993 is in the best interest of the City; and, WHEREAS, total project costs to date will then be $2,289,000 for Construction and $589,006 for Design & Construction Administrative Services for a total project cost of $2,878,006. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the estimated revenues and appropriations be increased as follows: Page 10 Ordinance No. 3362-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Airport Special Revenue Fund: Increase Estimated Revenues – Appropriation of Fund Balance $100,000 Increase Appropriations – Transfer to Airport Improvement Capital Project Fund $100,000 Airport Improvement Capital Project Fund: Increase Estimated Revenues – Transfer from Airport Special Revenue Fund $100,000 Increase Appropriations: KMA Sand Storage Facility (329) – Construction $100,000 Section 2. That the City Manager is authorized to execute Contract Amendment #2 with HDL Engineering Consultants in the amount of $132,993 and increase their existing purchase order 120153 by that same amount. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF JULY, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: June 21, 2023 Enacted: July 5, 2023 Effective: July 5, 2023 Page 11 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: June 14, 2023 SUBJECT: Ordinance 3362-2023 – Supplemental Funding for the Kenai Municipal Airport Sand Storage Facility This Ordinance is intended to provide supplemental funding for the Kenai Municipal Airport (KMA) Sand Storage Facility project to allow the design team to continue to provide services in support of this project. As Council is aware this project has experienced significant time delays. The original contract award to Orion Construction was in October 2020 and significant supply chain challenges became apparent with varying COVID 19 restrictions nationwide. Construction was able to restart this spring with all materials now sourced and available. The concrete foundation was poured on June 14th, 2023 with structural steel on site with planned installation through July. The overall project is expected to be completed by October. To get to this point significant coordination with the Contractor and the design team was required well beyond what a typical project would be under normal circumstances. The requested contract amendment #2 to HDL Engineering in the amount of $132,993 is intended to provide services through the end of the project including closeout with the FAA. They include costs from all of HDL sub-consultants including architectural, structural, mechanical and electrical, as well as their own civil and contract admin fees. The $100,000 supplement requested is enough to cover these costs with existing contingency funds. Staff is working with the FAA on contract change concurrence and intends to bring back to Council at a later date another Ordinance to appropriate the FAA’s grant share. This project remains a priority for the Airport, and staff looks forward to the benefits it will provide going into the next winter season. Council will continue to be kept informed of the projects progress through the department’s midmonth reports. Council’s support of this Ordinance is respectfully requested. Page 12 Page 2 of 2 Page 13 Sponsored by: Council Members Douthit and Baisden New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3363-2023 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.330 - STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS, AND 14.22.010 - LAND USE TABLE, TO ESTABLISH A MINIMUM STANDARD FOR PUBLIC NOTIFICATION FOR COMMERCIAL MARIJUANA ESTABLISHMENTS AND PROHIBIT LIMITED MARIJUANA CULTIVATION FACILITIES IN RESIDENTIAL ZONING DISTRICTS. WHEREAS, property owner notification for proposed commercial marijuana establishments are mailed to all property owners within a five hundred (500) foot periphery of the parcel affected by the proposed action; and, WHEREAS, a limited marijuana cultivation facility is permitted with a Conditional Use Permit in the Rural Residential (RR), Rural Residential 1 (RR-1), Suburban Residential (RS), Suburban Residential 1 (RS- 1), Suburban Residential 2 (RS-2), Urban Residential (RU), General Commercial (CG), Light Industrial (IL), Heavy Industrial (IH), and Limited Commercial (LC) zoning districts; and, WHEREAS, residents have expressed concerns with the proximity of commercial marijuana cultivation facilities near residential neighborhoods and not receiving notices of proposed commercial marijuana cultivation facilities nearby their residence; and, WHEREAS, the prohibition of limited marijuana cultivation facilities in residential zoning districts will preserve and protect the intent of the residential zoning districts and ensure consistency with the Kenai Municipal Code Section 14.20.230 - Home Occupations, which prohibits commercial marijuana establishments as a home occupation; and, WHEREAS, establishing a minimum number of property owners to be notified of proposed commercial marijuana cultivation facility would increase the noticing area and address noticing concerns. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Subsection 14.20.330(c) of Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.330(c), Standards for commercial marijuana establishments, is hereby amended as follows: 14.20.330(c) Standards for commercial marijuana establishments. (c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the conditional use permit application once it has been deemed complete. The public hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the proposed action. The notice area will be expanded until a minimum of thirty (30) different property owners are available for notification. Section 2. Amendment of Section 14.22.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010 is hereby amended as follows: Page 14 Ordinance No. 3363-2023 Page 2 of 9 New Text Underlined; [DELETED TEXT BRACKETED] 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES AL I C RR RR -1 RS RS -1 RS -2 RU CC CG IL IH ED R TS H LC CM U RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/ C21 Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/ C21 Four-Family Dwelling N C18 P C3, 29 P N N P P21 S1 C C C22 N P C S1/ C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/ C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/ C21 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Townhouses4 N C18 C3 C3, 29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N N C C C C C C N N N N N N C N N Page 15 Ordinance No. 3363-2023 Page 3 of 9 New Text Underlined; [DELETED TEXT BRACKETED] COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C C C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited30 N N [C] N [C] N [C] N [C] N [C] N [C] N N C C C N N N C N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C Professional Offices C N C C C N N P P P P P N C P P P Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Page 16 Ordinance No. 3363-2023 Page 4 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricatin g/Assembly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Page 17 Ordinance No. 3363-2023 Page 5 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Communications Towers and Antenna(s), Radio/TV Transmitters/Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Page 18 Ordinance No. 3363-2023 Page 6 of 9 New Text Underlined; [DELETED TEXT BRACKETED] Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/ C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; Page 19 Ordinance No. 3363-2023 Page 7 of 9 New Text Underlined; [DELETED TEXT BRACKETED] i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. 6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met. 10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line; and provided further, that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use; provided, that the following conditions are met: a The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the mortuary. 15 Allowed; provided, that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional use allowed only on privately held property. Not allowed on government lands. 19 Reserved. 20 The airport-related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence Page 20 Ordinance No. 3363-2023 Page 8 of 9 New Text Underlined; [DELETED TEXT BRACKETED] or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the Development Requirements Table for the RU/TSH Zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a dormitory used to house students for a school or educational facility. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X Page 21 Ordinance No. 3363-2023 Page 9 of 9 New Text Underlined; [DELETED TEXT BRACKETED] 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.150 and 14.20.255 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions, 14.20.330—Standards for commercial marijuana establishments. 31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000) feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public libraries). Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5TH DAY OF JULY, 2023. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: June 21, 2023 Enacted: July 5, 2023 Effective: August 4, 2023 Page 22 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Council Members Alex Douthit and James Baisden DATE: June 13, 2023 SUBJECT: Ordinance No. 3363-2023 Amending KMC Sections 14.20.330 and 14.22.010-Standards for Commercial Marijuana Establishments and Land Use Table The Ordinance addresses proposed changes to KMC Sections 14.20.330 and 14.22.010 that establishes a minimum standard for public notification for commercial marijuana establishments and prohibit limited marijuana cultivation facilities in residential zoning districts. Under the current ordinance, property owner notification for a proposed commercial marijuana establishments is mailed to all property owners within five hundred (500) foot periphery of the parcel affected by the proposed action. In addition, a limited marijuana cultivation facility is permitted with a Conditional Use Permit in the Rural Residential (RR), Rural Residential 1 (RR-1), Suburban Residential (RS), Suburban Residential 1 (RS-1), Suburban Residential 2 (RS-2), Urban Residential (RU), General Commercial (CG), Light Industrial (IL), Heavy Industrial (IH), and Limited Commercial (LC) zoning districts. Residents have expressed concerns with the proximity of commercial marijuana cultivation facilities near residential neighborhoods and not receiving notices of proposed commercial marijuana cultivation facilities nearby their residence. The prohibition of limited marijuana cultivation facilities in residential zoning districts will preserve and protect the intent of the residential zoning districts and ensure consistency with the Kenai Municipal Code Section 14.20.230 - Home Occupations, which prohibits commercial marijuana establishments as a home occupation. The establishment of a minimum of 30 different property owners to be notified of proposed commercial marijuana cultivation facility will increase the noticing area and address noticing concerns. Your consideration is appreciated. Page 23 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: June 29, 2023 SUBJECT: Ordinance 3363-2023 Requested Amendment The purpose of this memo is to request an amendment to Ordinance 3363-2023. At the regularly scheduled Planning and Zoning Commission meeting of June 28, 2023, the Commission voted to recommend that the City Council enact Ordinance 3363-2023. The following amendment is respectfully requested: Motion Thank you for your consideration. Add a sixth Whereas that reads: WHEREAS, at its meeting on June 28, 2023, the Planning and Zoning Commission recommended the City Council enact this Ordinance. Page 24 KENAI CITY COUNCIL – REGULAR MEETING JUNE 21, 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 9 June 21, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on June 21, 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 (remote participation) Henry Knackstedt Victoria Askin A quorum was present. Absent: Alex Douthit Also in attendance were: Terry Eubank, City Manager Scott Bloom, City Attorney Lana Metcalf, Acting Finance Director Tyler Best, Parks and Recreation Director Shellie Saner, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item E.4. Public Hearing - Resolution No. 2023-44 • Amendment Memo MOTION: Council Member Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions. Vice Mayor Baisden SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: 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 Page 25 City of Kenai Council Meeting Page 2 of 9 June 21, 2023 member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center provided an update regarding the upcoming events: 38th Annual Fundraiser and the Fourth of July Parade. Brian Olson addressed the Council regarding the upcoming “Cheers to 50-Years” Potters Guild fundraiser event. Marion Nelson addressed the Council regarding the history of the Potters Guild and their Kilns. E. PUBLIC HEARINGS 1. Ordinance No. 3357-2023 - Amending Kenai Municipal Code Section 23.55.045 to Establish an Annual Tool Allowance for Classified Employees Required to Furnish their Own Standard Working Tools. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3357-2023. 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. It was reported that the mechanic positions were required to supply their own tools; the City does replace broken tools and provides some specialty tools; the $1,500 tool allowance was comparable to other places of public employment and consistent with state practices; the City would continue to provide specialty tools; and this would provide the mechanics compensation for maintaining their tools. VOTE: YEA: Baisden, Askin, Gabriel, Winger, Sounart, Knackstedt NAY: None ABSENT: Douthit MOTION PASSED. 2. Ordinance No. 3358-2023 - Increasing Estimated Revenues and Appropriations in the General Fund to Provide Supplemental Funding for the Parks and Recreation Utilities Budget. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3358-2023. 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. VOTE: YEA: Askin, Gabriel, Winger, Sounart, Knackstedt, Baisden NAY: None ABSENT: Douthit MOTION PASSED. Page 26 City of Kenai Council Meeting Page 3 of 9 June 21, 2023 3. Ordinance No. 3359-2023 - Increasing Estimated Revenues and Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to Provide Supplemental Funding to the 2023 North Willow Street Roadway Improvements, 2023 First Avenue Roadway Repairs, and 2023 Miscellaneous Roadway Repairs Projects. (Administration) [KMC 1.15.070(d)] MOTION: Council Member Knackstedt MOVED to introduction Ordinance 3359-2023. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to introduce. VOTE: Motion APPROVED; without objection. MOTION: Council Member Knackstedt MOVED to conduct the second reading or Ordinance 3359-2023. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to conduct the second reading. VOTE: Motion APPROVED; without objection MOTION: Council Member Askin MOVED to enact Ordinance No. 3359-2023. 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 bids for three projects came in higher than anticipated and in excess of the engineers estimates; reviewing bids for other governmental agencies identified that the inflationary environment was increasing costs for everyone; and it is unlikely that costs would go down if the projects were postponed until next year. VOTE: YEA: Gabriel, Winger, Sounart, Knackstedt, Baisden, Askin NAY: None ABSENT: Douthit MOTION PASSED. 4. Resolution No. 2023-44 - Approving a Twelve-Month Extension of Time for Good Cause for the Completion of Permanent Improvements for a Lease Between the City of Kenai and Soar International Ministries, Inc., for Airport Reserve Lands Described as Tract A-1 of General Aviation Apron Subdivision No. 7. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-44. 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 the importance of developing a lot of this value; concerns were noted about tying up a piece of land without a defined timeline for when improvements would begin; and it was noted that similar extensions were recently approved to other lease holders due to current market conditions. Page 27 City of Kenai Council Meeting Page 4 of 9 June 21, 2023 It was reported that $180,000 of improvements were already completed with the grubbing and clearing of the land; and the first hangar building was ordered in summer 2022 and was expected to be delivered in the fall of 2023. VOTE: YEA: Winger, Sounart, Knackstedt, Baisden, Askin, Winger NAY: None ABSENT: Douthit MOTION PASSED. 5. Resolution No. 2023-45 - Authorizing Renewal of the City’s Property, Liability, Workers’ Compensation, Airport and Other Ancillary Policies with the Alaska Municipal League Joint Insurance Association for July 1, 2023 through June 30, 2024. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-45. 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 there was a current hard insurance market, due to lack of insurance providers; and AMLJIA has provided satisfactory coverage since July of 2020. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. 6. Resolution No. 2023-46 - Authorizing a Contract Award to Supply Operational Chemicals for the City’s Water Treatment and Wastewater Treatment Facilities. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-46. 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: Motion APPROVED; without objection. 7. Resolution No. 2023-47 - Authorizing a Contract Award for Street Light Repairs and Maintenance with Utility Locate Services. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2023-47. 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. It was reported the bulk of the service was for utility locate services and the street lights repairs would be addressed as problem locations were identified. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. F. MINUTES Page 28 City of Kenai Council Meeting Page 5 of 9 June 21, 2023 1. *Regular Meeting of June 7, 2023. (City Clerk) G. UNFINISHED BUSINESS 1. Resolution No. 2023-40 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 N. Willow Street Roadway Improvements Project. (Administration) [Postponed at the 06/07/23 meeting to the 06/21/23 meeting] • Substitute Resolution No. 2023-40 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 North Willow Street Roadway Improvements Project. (Administration) [Clerk’s Note: the motion to adopt Resolution 2023-40 was on the floor from the June 7, 2023 regular City Council meeting.] [Clerk’s Note: Council Member Winger declared a possible conflict with Resolution 2023-40 as her husband is employed by Knick Construction, and although it was unlikely that award of the contract would have significant financial impact on her families personal financed, for public perception she thought it best that she abstain from discussion and voting on the resolution. Mayor Gabriel concurred and Council Member Winger abstained from discussion and voting on Resolution 2023-40.] MOTION: Council Member Knackstedt MOVED to amend Resolution No. 2023-40 by Substitute Resolution No. 2023-40. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend by substitute. VOTE: Motion APPROVED; without objection. 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 on the main motion as amended by substitute. VOTE: Main motion as amended APPROVED; without objection. 2. Resolution No. 2023-41 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 First Avenue Roadway Repairs Project. (Administration) [Postponed at the 06/07/23 meeting to the 06/21/23 meeting] • Substitute Resolution No. 2023-41 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 First Avenue Roadway Repairs Project. (Administration) [Clerk’s Note: the motion to adopt Resolution 2023-41 was on the floor from the June 7, 2023 regular City Council meeting.] MOTION: Council Member Knackstedt MOVED to amend Resolution No. 2023-41 by Substitute Resolution No. 2023-41. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend by substitute. VOTE: Motion APPROVED; without objection. 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 how the road projects were prioritized; concerns were stated that other roads were in more disrepair; and the 2011 Road Study report was requested. UNANIMOUS CONSENT was requested on the main motion as amended by substitute. Page 29 City of Kenai Council Meeting Page 6 of 9 June 21, 2023 VOTE: Main motion as amended APPROVED; without objection. 3. Resolution No. 2023-42 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 Miscellaneous Roadway Repairs Project. (Administration) [Postponed at the 06/07/23 meeting to the 06/21/23 meeting] • Substitute Resolution No. 2023-42 - Authorizing a Construction Agreement and Corresponding Purchase Order for the 2023 Miscellaneous Roadway Repairs Project. (Administration) [Clerk’s Note: the motion to adopt Resolution 2023-42 was on the floor from the June 7, 2023 regular City Council meeting.] MOTION: Council Member Knackstedt MOVED to amend Resolution No. 2023-42 by Substitute Resolution No. 2023-42. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend by substitute. VOTE: Motion APPROVED; without objection. 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 on the main motion as amended by substitute. VOTE: Main motion as amended APPROVED; without objection. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - FY2023 Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) Approved by the consent agenda. 3. *Action/Approval - FY 2024 Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) Approved by the consent agenda. 4. *Action/Approval - Third Amendment to the Agreement for Janitorial Services with Reborn Again Janitorial Services. (Administration) Approved by the consent agenda. 5. *Action/Approval - Assignment and Assumption of Lease Agreement of Lot 1A FBO Subdivision, South Addition and Lot 2A1 FBO Subdivision, South Addition No. 2 to Schilling Rentals, LLC. (Administration) Approved by the consent agenda. 6. *Action/Approval - Non-Objection to the Renewal of a Recreational Site Liquor License for Peninsula Oilers Baseball Club Inc., DBA Peninsula Oilers – License No. 846 (City Clerk) Approved by the consent agenda. Page 30 City of Kenai Council Meeting Page 7 of 9 June 21, 2023 7. *Action/Approval - Non-Objection to the Renewal of a Beverage Dispensary Liquor License for George Pitsilionis, DBA Pizza Paradisos – License No. 3032 (City Clerk) Approved by the consent agenda. 8. *Action/Approval - Non-Objection to the Renewal of a Package Store Liquor License for Carr- Gottstein Food Co., DBA Oaken Keg #1808 – License No. 3218 (City Clerk) Approved by the consent agenda. 9. *Ordinance No. 3360-2023 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) Introduced by the consent agenda and Public Hearing set for July 5, 2023. 10. *Ordinance No. 3361-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the 2022 Community Assistance Program, Passed through the State of Alaska, Department of Commerce, Community, and Economic Development for National Floodplain Insurance Program Training. (Administration) Introduced by the consent agenda and Public Hearing set for July 5, 2023. 11. *Ordinance No. 3362-2023 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds to Provide Supplemental Funding for the Kenai Municipal Airport’s Sand Storage Facility Project and Authorizing a Contract Amendment for Professional Services. (Administration) Introduced by the consent agenda and Public Hearing set for July 5, 2023. 12. *Ordinance No. 3363-2023 - Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table, to Establish a Minimum Standard for Public Notification for Commercial Marijuana Establishments and Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts. (Administration) Introduced by the consent agenda and Public Hearing set for July 5, 2023. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging No report, next meeting July 13, 2023. 2. Airport Commission No report, next meeting July 13, 2023. 3. Harbor Commission No report, next meeting August 7, 2023. 4. Parks and Recreation Commission No report, next meeting August 3, 2023. 5. Planning and Zoning Commission Council Member Knackstedt reported on the June 14, 2023 meeting; next meeting June 28, 2023, 6. Beautification Committee No report, September 12, 2023. Page 31 City of Kenai Council Meeting Page 8 of 9 June 21, 2023 J. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attending the Employee Appreciation Dinner. • Attending the Alaska Gasline Development Corporation meeting. • Participation the City of Kenai Team during Boys and Girls Club Annual Golf Tournament. • Attending the Tribal Court Grand Re-Opening. • Provided a reminder of the Kenai vs. Soldotna Food Drive challenge. K. ADMINISTRATION REPORTS 1. City Manager - City Manager Eubank reported on the following: • City was in full swing preparing for the upcoming Personal Use Fishery. • Provided an update on the Bluff Stabilization Project. • Attending the Tribal Court Grand Re-Opening. • Attending the Alaska Gasline Development Corporation meeting. 2. City Attorney - No report. 3. City Clerk – City Clerk Saner reported on the following: • Along with the new online interactive map of the cemetery, a new regulations booklet and applications were developed. • Candidate filing packets and nomination petitions would be available mid-July. • Increased activity with Food Truck Vendor Permits. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) 2. Council Comments Council Member Sounart wished everyone a Happy Fourth of July. Council Member Askin wished everyone a Happy Fourth of July; and noted she enjoyed attending the Employee Appreciation dinner. Council Member Winger wished everyone a Happy Solstice and Fourth of July; noted she enjoyed attending the Employee appreciation dinner and the Air Fair; and was looking forward to the Kenai Chamber of Commerce fund raiser. Council Member Knackstedt wished everyone a Happy Summer. M. EXECUTIVE SESSION - None. N. PENDING ITEMS - None. O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 7:29 p.m. Page 32 City of Kenai Council Meeting Page 9 of 9 June 21, 2023 I certify the above represents accurate minutes of the Kenai City Council meeting of June 21, 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 33 KENAI CITY COUNCIL – SPECIAL MEETING JUNE 21, 2023 – 5:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING City of Kenai Council Special Meeting Page 1 of 2 June 21, 2023 MINUTES A. CALL TO ORDER A Special Meeting of the Kenai City Council was held on June 21, 2023, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 5:00 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 (remote participation) Victoria Askin Henry Knackstedt A quorum was present. Absent: Alex Douthit Also in attendance were: Shellie Saner, City Clerk 3. Agenda Approval MOTION: Council Member Knackstedt MOVED to approve the agenda. Council Member Winger SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. B. EXECUTIVE SESSION 1. Review and Discussion of the City Manager's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Manager [AS 44.62.310(C)(2)]. MOTION: Council Member Knackstedt MOVED to enter into executive session to review and discuss evaluation of the City Manager which may be a subject that tends to prejudice the reputation and character of the City Manager. [AS 44.62.30(C)(2)]. Mr. Eubank elected to have the discussion regarding his evaluation take place in executive session. The executive session will include Mayor Gabriel and City Council Members. Vice Mayor Baisden SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. Page 34 City of Kenai Council Special Meeting Page 2 of 2 June 21, 2023 MOTION: Council Member Knackstedt MOVED to reconvene into regular session. Vice Mayor Baisden SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. [Clerk’s Note: The Council entered into executive session at 5:05 p.m. and reconvened into regular session at 5:46 p.m.] Council reconvened in open session and reported that the Council met in executive session to review and discuss the City Manager evaluation. C. ADJOURNMENT There being no further business before the Council, the special meeting was adjourned at 5:47 p.m. I certify the above represents accurate minutes of the Kenai City Council Special meeting of June 21, 2023. ___________________________________ Michelle M. Saner, MMC City Clerk Page 35 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JULY 5, 2023 VENDOR PERS PREMERA INVESTMENTS VENDOR DESCRIPTION PERS JUNE PREMIUM DESCRIPTION DEPARTMENT VARIOUS VARIOUS MATURITY DATE ACCOUNT LIABILITY INSURANCE AMOUNT AMOUNT 99,180 .60 198,379.34 Effect Int. Page 36 Page 37 MEMORANDUM TO: Mayor Gabriel and Member of Council THROUGH: Terry Eubank, City Manager THROUGH: Lana Metcalf, Acting Finance Director FROM: Dan Castimore, IT Manager DATE: June 28, 2023 SUBJECT: FY23 Dell Equipment Order Revision On August 3, 2022 Council approved Resolution 2022-60 awarding a contract for the purchase of Dell equipment to Databit Inc. in the amount of $37,958.85. A contract with Databit Inc. was executed on August 11, 2022. A partial shipment was received later in August. The remaining equipment has still not been received. In May of 2023 it was determined that an employee at Databit Inc. had offered pricing that the company was unable to provide. This employee has been terminated and the City has been working with the CEO of the company to find a resolution. After exploring multiple options, it was determined that the best option for the City was to acquire the remaining equipment from Databit Inc. Databit Inc. has agreed to provide the remaining equipment at their cost and provide a credit for the profit on the original equipment. The new cost will require increasing the PO by $10,534.38 for a new total of $48,493.23. The City got quotes to purchase the remaining equipment from 3 other vendors and all of their costs were higher than Databit. Page 38 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: June 27, 2023 SUBJECT: Action/Approval – Special Use Permit for Kenai Chamber of Commerce and Visitor Center for the Moosemeat John Cabin The Kenai Chamber of Commerce and Visitor Center (KCCVC) has requested a Special Use Permit to use and operate the Moosemeat John Cabin located on approximately 10,000 square feet (100 feet x 100 feet) of Lot 1, Gusty Subdivision No. 8, where the KCCVC is located. Since 2013, the KCCVC has allowed the use of the Moosemeat John Cabin during the summer months by the Kenai Historical Society in conjunction with its operations in Old Town Kenai. The Kenai Chamber of Commerce operated on the premises from 1977 until 2012. In 2012, the Kenai Chamber of Commerce merged with the Kenai Convention and Visitor’s Bureau to form the new entity, “Kenai Chamber of Commerce and Visitor Center”. A Special Use Permit (SUP) was granted for the use of the Moosemeat John Cabin for 12 months from July 31, 2022 to July 30, 2023. The KCCVC would like a SUP for the same use of the Moosemeat John Cabin from July 31, 2023 to July 30, 2024. The KCCVC complied with the terms of the SUP for the Moosemeat John Cabin for previous years of issuance. If the City Council approves the Special Use Permit, the City Manager will be authorized to execute the Special Use Permit Agreement for the continued use of the cabin for 12 months to Kenai Chamber of Commerce and Visitor Center. Thank you for your consideration. Attachments Special Use Permit Application Aerial Map Draft Special Use Permit Agreement City of Kenai I 210 ~idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai.cily Page 39 /" ~ K(;NAI Name of Ap plican t: City of Kenai Special Use Peirmit Application Applicant Information !Application Date: Kenai Chamber of Commerce and Visitor Center Mailin g Address: 11471 Kenai Spur Hwy !city: Kenai !state: I AK lzip Code :l 99611 Phone N umbe r(s): Home Phone : ( ) Worl<./ Message Phone: ( )9072831991 E-mail; (O ptional) i nfo@kenaichamber.org Name to Ap pear on Permit: I Kenai Chamber of Commerce and Visitor Center Mailing Address : 11471 Kenai Spur Hwy lcity: Kenai !state: IAK lzip Code :l 99611 Phone Nu mber(s): Home Phone: ( ) Work/ Message Phone: ( )9072831991 E-mail: (Optional) Type of Applicant: D Individual (at lea st 18 years of age) D Partnership l!!I Corporation O Government D Limited Liabilit Com an LLC y p y ( ) D Other Property Information Legal or physical description of the property: <> 0 v<.:\'\. UL 5 \-\oo~+ x took~ 'f>Or,,<rn o~ W I , ~\A.SI-', f'-.>?;;\.,,H,eY\, lld.~-li""' fl.Jo. ~ Description of the proposed business or activity intended: M J h C b ' oosemeat o n a m Is the area to be used in front or or immed iately adjacent lo any established business offering the same or similar products or services upon a fixed location? DYES ~NO Would the use under this permi t interfere with othe r businesses through excessive noise , odor, or other nuisances? DYES ~NO If you answered yes to any of the above questions, please e xplain : What is the term requested (not to exceed one year)? July 30, 2023 -July 31, 2024 Requested Starting Date: Auqust 1, 2023 S ignature: ~~ Date : June 27, 2023 Print Name: Samantha Springer Title: Executive Director For City Use Only: Date Application Fee Received : □ General Fund D Airport Reserve La nd City Council Action/Resolution : o Airport Fund D Outside Airport Reserve Account Number: Page 40 Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 1 of 5 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants the Kenai Chamber of Commerce and Visitor Center (PERMITTEE), the right to use the Premises, identified on the attached Exhibit A to this Permit, and described as: The southeast 100 foot x 100 foot portion of Lot 1, Gusty Subdivision, Addition No. 8, Kenai Recording District, according to Plat No. 91-9, to use and operate the "Moosemeat John" Cabin. 1. Use/Term. Permittee shall have use of the Premises from July 31, 2023 to July 30, 2024. 2. Fee. The Permittee shall not be charged a fee for the use or privilege specified herein. 3. No Exclusivity. The use by the Permittee of the Premises is limited to the purposes specified herein and is not intended to grant any exclusive use to the described Premises except as otherwise provided herein. This use is also subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. 4. Improvements. Permittee shall not make any permanent improvements to the Premises. 5. Preparation of Premises. It is Permittee's responsibility to prepare the Premises and to assure itself to its own satisfaction that the Premises are safe for its purposes. The City does not make any warranty or guaranty of the suitability of the Premises for Permittee's intended purposes. 6. Trash and Debris. The Premises must be returned to its original condition at the end of each use. Clean up and/or repair charges beyond normal wear and tear will be billed to Permittee based upon cost of repair. Debris and trash shall be collected and removed from the Premises by Permittee. Permittee shall alert City (Parks and Recreation Department) of unsightly, unsanitary, dirty or other conditions on the Premises which exist prior to Permittee's use. 7. No Alcohol or Illegal Substances. No possession or consumption of alcoholic beverages, marijuana or illegal substances is permitted on the Premises. 8. No Joint Venture. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 9. Personalty. Any or all personal property placed or used upon lands or in facilities may be removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its invitees to the Premises. Page 42 Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 2 of 5 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Premises. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Permit. 11. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 12. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability Insurance, including Premises, all operations, property damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less than $1,000,000 combined single limit. The policy must name the City as an additional insured. B. Worker's Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide Worker's Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City prior to any use. Page 43 Special Use Permit – Kenai Chamber of Commerce & Visitor Center Page 3 of 5 City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 13. No Discrimination. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 14. Contact Information. The Contact information for the Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: ______________________(Name) ______________________(Title) Kenai Chamber of Commerce & Visitor Center 11471 Kenai Spur Hwy. Kenai, AK 99611 15. Indemnity, Defend, and Hold Harmless Agreement: Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments , penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee's activities on or use of the Premises. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 16. Authority. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the organization to bind the organization hereunder. Page 44 Special Use Permit – Kenai Chamber of Commerce & Visitor Center Page 4 of 5 KENAI CHAMBER OF COMMERCE & VISITOR CENTER CITY OF KENAI By:______________________________ By:_______________________________ ______________ (Name) Date Terry Eubank Date _____________ ___(Title) City Manager ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by Terry Eubank, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____day of ________, 2023, the foregoing instrument was acknowledged before me by _________________ (Name/Title) on behalf of Kenai Chamber of Commerce & Visitor Center. Notary Public for Alaska My Commission Expires: Page 45 Special Use Permit – Kenai Chamber of Commerce & Visitor Center Page 5 of 5 ATTEST: Michelle M. Saner, MMC, City Clerk SEAL: APPROVED AS TO FORM: Scott M. Bloom, City Attorney Page 46 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Shellie Saner, City Clerk DATE: June 28, 2023 SUBJECT: Liquor License Renewal – The Cannery Lodge The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of license: Applicant: The Cannery Lodge, LLC D/B/A: The Cannery Lodge License Type: Outdoor Recreation Lodge License No.: 5369 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicant 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 applicant. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 48 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 May 19, 2023 City of Kenai, Kenai Peninsula Borough Via Email: cityclerk@kenai.city; micheleturner@kpb.us; jratky@kpb.us; tward@kpb.us; mjenkins@kpb.us; jvanhoose@kpb.us; cjackinsky@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; jblankenship@kpb.us; bcarter@kpb.us; g_notify_assemblyclerk@kpb.us Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Outdoor Recreation Lodge License Number: 5369 Licensee: The Cannery Lodge LLC Doing Business As: The Cannery Lodge We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Joan Wilson, Director amco.localgovernmentonly@alaska.gov THE STATE 01ALASKA GOVERNOR MIKE DU LEAVY I I Page 49 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 5/19/2023 12:08:43 PM (Form Submission) Approve by Jeremy Hamilton 6/27/2023 9:52:04 AM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: May 30, 2023 5:00 PM 5/19/2023 12:08:43 PM Approve by Donald Hendrickson 6/28/2023 8:51:46 AM (Building Official Review) The task was assigned to Donald Hendrickson. The due date is: May 30, 2023 5:00 PM 5/19/2023 12:08:43 PM Approve by David Ross 5/19/2023 12:13:03 PM (Police Department Review) The task was assigned to David Ross. The due date is: May 30, 2023 5:00 PM 5/19/2023 12:08:44 PM Approve by Tina Williamson 5/22/2023 9:33:31 AM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: May 30, 2023 5:00 PM 5/19/2023 12:08:44 PM Approve by Cindy Herr 5/22/2023 10:32:58 AM (Legal Asst Review) There are no monies owed for fines or restitution. The task was assigned to Cindy Herr. The due date is: May 30, 2023 5:00 PM 5/19/2023 12:08:44 PM Approve by Linda Mitchell 6/14/2023 3:48:44 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: May 30, 2023 5:00 PM 5/19/2023 12:08:44 PM Approve by Lana Metcalf 6/16/2023 9:32:29 AM (Finance Review) The task was assigned to Lana Metcalf. The due date is: June 23, 2023 5:00 PM 6/14/2023 3:48:44 PM Approve by Scott Bloom 6/14/2023 3:52:01 PM (Legal Review) The task was assigned to Scott Bloom. The due date is: June 23, 2023 5:00 PM 6/14/2023 3:48:45 PM Approve by Linda Mitchell 6/27/2023 9:52:33 AM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: June 23, 2023 5:00 PM 6/14/2023 3:48:45 PM • Page 50 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 5/19/2023 Establishment Information Outdoor Recreation Lodge The Cannery Lodge, LLC The Canner Lodge LLC 2270 Royal Street Kenai, AK Contact Information Ronald Hyde, Jr. 907-223-1242 ron.hyde@pacrimlog.com Additional Contact Information Documents 5369 23-24 Complete Renewal Application.pdf 3.12MB 5369 LGB Renewal Notice.pdf 261.32KB Page 51 STATEMENT OF OPERATION THE CANNERY LODGE 2022 SUMMARY In 2013 PRL acquired this commercial use facility in Kenai, Alaska {PRL's Cook Inlet Operations Center and Kenai Campus) in tidewater on the Kenai River. The setting is a historical cannery site at the old Libby, McNeil, and Libby Cannery. The Cannery was eventually sold to Columbia Wards in 1950, becoming Wards _Cove Packing in the 1980s. PRL extensively remodeled the various historic cannery buildings over the past seven years. The facility includes an administration building with an event center, four lodging facilities with 31 rooms for client personnel and guests, a kitchen and dining facility for guests, a small venue event center Hyde-out, several outdoor event areas including a covered stage and amphitheater, an outdoor deck and lawn venue with a Spirit House, a Command Center for clients to operate from in an office setting, a garage and warehouse, a Helipad, and a permanent commercial dock on the Kenai River. The Cannery Lodge opened in early 2015 and is 100% owned and operated by PRL Logistics, Inc. The Cannery Lodge holds the lodge liquor license to sell and dispense alcohol for guests, and for private catered events such as weddings, hoiiday dinner parties, corporate annual meetings, outdoor concerts, and corporate retreats. Club membership opportunities for PRL's clients and the community began in March 2017 to provide access to the bar and event center and use of lodging and other outdoor recreational options. Club member activities are variable. The Cannery Lodge applied for and received a (RDP) Restaurant Designation Permit for this facility in September 2020. The lodge is generally open eight months out of the year {May through December), however, special events at the lodge in the off-season period are booked for clients as well. Operational personnel are onsite during all operations. The access to the campus is secured with a key-code lock at the front gate. The secure entrance and driveway are exclusively used by The Cannery Lodge. Offsite parking and shuttle services to the parking areas are available if required. The Event Center is located on the 2nd floor of the Old Ad min buildi;ig with a capacity of 75-100 people and contains a portable bar with approximately 2200 sq. feet of space. The pt floor Cannery Club opened in March 2017 in the Old Ad min building and has a full-service bar and seating for 20 guests with approximately 900 sq. feet of space. Additional locations on the campus serving alcohol are at the "Hyde Out" which can be catered for small private events of 3·0-3.5 guests, an outdoor venue with a deck overlooking the river with a small "Spirit Shack" for dispensing food and liquor. The outdoor venue space and Spirit Shack are used for weddings, concerts, and corporate parties with a capacity of approximately 300 guests. The covered stage area has a grass amphitheater with seating for 250 guests and is used seasonally for summer concerts or other events. This covered stage area may be serviced by personnel in the Spirit Shack or by a portable bar at the stage site. Several bartenders and several servers work PRL Logistics, Inc. and The Cannery Lodge, LLC PO Box 530, Kenai, AK 99611; Page 55 these functions. All personnel involved have required TAPS training and a bar manager is the administrator for these operations. Hours of operation for these various facilities are variable within the legal liquor service periods of operation. Indoor/outdoor music events may be scheduled during the season, The indoor concerts are generally held in the 2nd floor reception area and the outdoor concert events held in summer at the outdoor stage generally between the hours of 4pm and 11pm. Age Restrictions: It is possible that guests under the age of 21 may be in attendance with the members/guests. This age exception would be for private invitation only members/client events with ticket sales or private events utilizing the campus. Tickets for concerts are not sold individually to guests under the age of 21. Proper identification is required at point of sale in accordance with the liquor license; ID's may also be checked at the entrance to the concert events with wristbands issued. Concert security is determined by the type of event and the requirements of the specific performers but generally off-duty police or a private security company provides this service. The facility does not have firearms on the premises. No complaints or police engagements occurred during this past season. Change·of Operation in 2022 occurred when PRL sold to the Salamatof Tribe the existing real estate where the Cannery Lodge is situated. The property was replated prior to the sale. The current Cannery Lodge property applicable to the liquor license is now known 2.s Tract "B", KENAI LANDING SUBDIVISION 2021 ADDITION, according to Plat No. 2021-72, Kenai Recording District, Third Judicial District, State of Alaska and, Lot One (1), KENAI LANDING SUBDIVISION 2021 ADDITION, according to Plat No. 2021-72, Kenai Recording District, Third Judicial District, State of Alaska. PRL has an existing lease agreement with Salamatof Tribe and is operating under a Management Agreement betw~en the parties that has been approved by the Alcohol Licensing division until such time as Salamatof receives a new liquor license under Salamatof Cannery Lodge which is currently in process. For Additional Information see websites: www.thecannerylodge.com diiJ__/ Ronald B. Hyde, Jr. President PRL Logistics and Member Manager of The Cannery Lodge, LLC PRL Logistics, Inc. and The Cannery Lodge, LLC PC> Box 530, Kenai, AK 99611; Page 56 144 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 6/6/2023 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: ron.hyde@pacrimlog.com; mailto:amco.localgovernmentonly@alaska.gov MT/tw Licensee/Applicant : The Cannery Lodge, LLC Business Name : Cannery Lodge License Type : Lodge License Location : 2101 Bowpicker Lane Unit 13, Kenai, AK 99611, City of Kenai License No. : 5369 Application Type : License Renewal Page 57 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Shellie Saner, City Clerk DATE: June 29, 2023 SUBJECT: Liquor License Renewal – Three Bears The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of license: Applicant: Three Bears Alaska, Inc. D/B/A: Three Bears License Type: Package Store License No.: 4118 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicant 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 applicant. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 58 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 June 15, 2023 Kenai, Kenai Peninsula Borough Via Email: micheleturner@kpb.us; jratky@kpb.us; tward@kpb.us; mjenkins@kpb.us; jvanhoose@kpb.us; cjackinsky@kpb.us; maldridge@kpb.us; slopez@kpb.us; jblankenship@kpb.us; bcarter@kpb.us; g_notify_assemblyclerk@kpb.us; cityclerk@kenai.city Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Package Store License Number: 4118 Licensee: Three Bears Alaska, Inc. Doing Business As: Three Bears We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Joan Wilson, Director amco.localgovernmentonly@alaska.gov THE STATE 01ALASKA GOVERNOR MIKE DU LEAVY I I Page 59 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 6/16/2023 2:56:08 PM (Form Submission) Approve by Jeremy Hamilton 6/16/2023 2:57:26 PM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: June 27, 2023 5:00 PM 6/16/2023 2:56:08 PM Approve by Donald Hendrickson 6/28/2023 8:51:57 AM (Building Official Review) The task was assigned to Donald Hendrickson. The due date is: June 27, 2023 5:00 PM 6/16/2023 2:56:09 PM Approve by David Ross 6/19/2023 9:28:30 AM (Police Department Review) The task was assigned to David Ross. The due date is: June 27, 2023 5:00 PM 6/16/2023 2:56:09 PM Approve by Tina Williamson 6/16/2023 5:48:06 PM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: June 27, 2023 5:00 PM 6/16/2023 2:56:09 PM Approve by Cindy Herr 6/19/2023 11:58:45 AM (Legal Asst Review) No monies owed in restitution or traffic fines. The task was assigned to Cindy Herr. The due date is: June 27, 2023 5:00 PM 6/16/2023 2:56:10 PM Approve by Linda Mitchell 6/26/2023 4:19:27 PM (Lands Review) The task was assigned to Linda Mitchell. The due date is: June 27, 2023 5:00 PM 6/16/2023 2:56:10 PM Approve by Lana Metcalf 6/29/2023 4:54:08 PM (Finance Review) The task was assigned to Lana Metcalf. The due date is: July 5, 2023 5:00 PM 6/26/2023 4:19:28 PM Approve by Scott Bloom 6/26/2023 5:00:31 PM (Legal Review) The task was assigned to Scott Bloom. The due date is: July 5, 2023 5:00 PM 6/26/2023 4:19:28 PM Approve by Linda Mitchell 6/26/2023 4:19:37 PM (P&Z Department Review) The task was assigned to Linda Mitchell. The due date is: July 5, 2023 5:00 PM 6/26/2023 4:19:28 PM • Page 60 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 6/16/2023 Establishment Information Package Store Three Bears Alaska, Inc. Three Bears 10575 Kenai Spur Highway Kenai, AK Contact Information Steve Mierop 907-397-4311 steve@threebears.store Additional Contact Information Joan Travostino 907-252-7839 travostino.joan@dorsey.com Documents 4118_2023-06-16_Letter_Of_Non_Objection.pdf 132.13KB LGB Notice #4118.pdf 293.34KB Three Bears #4118.pdf 5.42MB Page 61 144 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 6/16/2023 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: steve@threebearsalaska.com; mailto:amco.localgovernmentonly@alaska.gov MT/tw Licensee/Applicant : Three Bears Alaska, Inc. Business Name : Three Bears License Type : Package Store License Location : 10575 Kenai Spur Highway, Kenai, AK 99611, City of Kenai License No. : 4118 Application Type : License Renewal Page 65 A. CALL TO ORDER KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 14, 2023 -7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING MINUTES A Regular Meeting of the Kenai Planning & Zoning Commission was held on June 14, 2023, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeff Twait, Chair Gary Greenberg John Coston Gwen Woodard A quorum was present. Absent: None Also in attendance were: Joe Halstead, Vice Chair Jim Glendening Diane Fikes Linda Mitchell, Planning Director Meghan Thibodeau, Deputy City Clerk Henry Knackstedt, Council Member 3. Approval of Agenda and Consent Agenda Chair Twait noted the following additions to the Packet: Add to item 1.3 City Administration Report • 2022 Conditional Use Permits Annual Report Review Add to item 0.2 Informational Items • King of the River Food Drive Flyer MOTION: Vice Chair Halstead MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing , . to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. Planning & Zoning Commission Meeting June 14, 2023 Page 1 of 4 Page 66 *All items listed with an asterisk(*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of May 24, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS -None. D. UNSCHEDULED PUBLIC COMMENTS Will Jahrig provided an update on the progress of the Restaurant/Brewery development at 800 Childs Avenue. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-10 -Recommending Approval for Preliminary Plat -Reutov Subdivision to Subdivide a Parcel into Four (4) Lots Located at 106 Lawton Drive (Parcel ID: 04902008) in the Suburban Residential (RS) Zoning District. MOTION: Vice Chair Halstead MOVED to approve Resolution PZ2023-10. Commissioner Coston SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet explaining that the applicant intends to subdivide the parcel into four lots. Zoning and uses of surrounding lots were reviewed; staff recommended approval to Kenai Peninsula Borough, subject to the following conditions: 1. Update the City of Kenai's City Manager name under the Certificate of Acceptance section. 2. Place the following note on the plat: The 20-foot wide access portion of the flag lots (Lots 3 and 4) must be unobstructed and maintained for emergency access. Discussion ensued. VOTE: YEA: Fikes, Glendening, Woodard, Twait, Greenberg, Halstead, Coston NAY: None MOTION PASSED UNANIMOUSLY. F. PUBLIC HEARINGS 1. Resolution PZ2023-09-Granting a Conditional Use Permit (CUP) to Allow for Lodging on the Property Located at 1534 Stellar Drive (Parcel ID: 04714032) in the Suburban Residential (RS) Zoning District. MOTION: Vice Chair Halstead MOVED to approve Resolution PZ2023-09. Commissioner Glendening SECONDED the motion. Planning Director Mitchell clarified the definition of lodging in Kenai Municipal Code, and presented her staff report with information provided in the packet explaining that the applicant had been running a lodging operation for a few years without knowing it required a conditional use permit (CUP). The criteria Planning & Zoning Commission Meeting June 14, 2023 Page 2 of 4 Page 67 I for CUPs were reviewed; it was noted the application met the criteria and City staff recommends approval subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on-site inspection. 3. Quiet hours are from 10:00 p.m. to 6:00 a.m. Applicant Mary Kennedy noted that she had submitted a statement into the packet, and would be available for questions. Chair Twait opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Support was expressed; it was noted that the applicant had put in a good faith effort to comply with code. In response to questions from the commission, Mary Kennedy clarified that she is not collecting sales tax but has been paying it to the Kenai Peninsula Borough; apologized for not being aware of the CUP requirement and expressed appreciation for Director Mitchell for helping her through the process; noted that she doesn't advertise but does list her property on AirBNB and VRBO; explained how a group with travel trailers had booked her property last summer, and she had made neighbors aware beforehand and provided them with her contact information in case of issues; noted that her property has been consistently booked in previous years; discussed how she mitigates potential guest issues with a security camera and communication with neighbors; and clarified she has had no homeowner's insurance claims. VOTE: YEA: Glendening, Woodard, Greenberg, Fikes, Twait, Halstead, Coston NAY: None MOTION PASSED UNANIMOUSLY. G. UNFINISHED BUSINESS -None. H. NEW BUSINESS 1. *Action/Approval -Requesting an Excused Absence for the May 24, 2023 Regular Meeting -Coston. Approved by the consent agenda. 2. *Action/Approval -Time Extension for Compliance with Conditions in Resolution PZ2022- 14 for a Restaurant/Brewery on the Property Located at 800 Childs Avenue (Parcel ID: 04901138) in the Heavy Industrial (IH) Zoning District. Approved by the consent agenda. I. REPORTS 1. City Council -Council Member Knackstedt reported on the actions of the June 7, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning -Commissioner Fikes reported on the actions of the June 12, 2023 Kenai Peninsula Borough Planning Commission Meeting. 3. City Administration -Planning Director Mitchell reported on the following: Planning & Zoning Commission Meeting June 14, 2023 Page 3 of 4 Page 68 • Storefront and Streetscape Improvement grant applications have been out since last week; two completed applications recieved. Explained program process. • FY2024 budget includes travel expenses for commissioners who want to the American Planning Association conference in Anchorage on September 20, 2023. • There will be a work session prior to the regular meeting on June 28th • • Reviewed the 2022 Conditional Use Permits Annual Report provided in laydown; asked commissioners to review and noted that it is within the purview of commission to revoke permits. J. ADDITIONAL PUBLIC COMMENT -None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: June 28, 2023 Vice Chair Halstead noted he would be absent from the June 28th meeting. L. COMMISSION COMMENTS AND QUESTIONS M. PENDING ITEMS -None. N. ADJOURNMENT 0. INFORMATIONAL ITEMS 1. Kenai Public Open House Flyer There being no further business before the Commission, the meeting was adjourned at 7:56 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of June 14, 2023. Me~~ Deputy City Clerk Planning & Zoning Commission Meeting June 14, 2023 Page 4 of 4 Page 69 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 28, 2023 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING Planning & Zoning Commission Meeting Page 1 of 4 June 28, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on June 28, 2023, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Jeff Twait, Chair Joe Halstead, Vice Chair Gwen Woodard Jim Glendening John Coston Diane Fikes A quorum was present. Absent: Joe Halstead, Vice Chair Gary Greenberg Also in attendance were: Linda Mitchell, Planning Director Meghan Thibodeau, Deputy City Clerk Alex Douthit, Council Member 3. Approval of Agenda and Consent Agenda MOTION: Commissioner Woodard MOVED to approve the agenda and consent agenda. Commissioner Fikes SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Twait opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES 1. *Regular Meeting of June 14, 2023 Page 70 Planning & Zoning Commission Meeting Page 2 of 4 June 28, 2023 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution PZ2023-11 – Recommending Approval for Preliminary Plat – Baron Wood Subdivision 2023 Replat to Consolidate Lots 1 and 2, of Baron Wood Subdivision into one (1) lot. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2023-11. Commissioner Fikes SECONDED the motion. Planning Director Mitchell presented her staff report with information provided in the packet. Zoning and uses of surrounding lots were reviewed; staff recommended approval subject to the following conditions: 1. Revised the scale to an engineer scale (e.g., nearest tenth of a foot). 2. Verify the 15-foot utility easement is corresponding to the correct recorded document. Discussion ensued. VOTE: YEA: Fikes, Woodard, Glendening, Coston, Twait NAY: None ABSENT: Halstead, Greenberg MOTION PASSED. F. PUBLIC HEARINGS 1. Action/Approval – Recommending the Kenai City Council Enact Ordinance No. 3363-2023 – Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Establishments, and 14.22.010 - Land Use Table to establish a minimum standard for public notification for commercial marijuana establishments and prohibit limited marijuana cultivation facilities in residential zoning districts. MOTION: Commissioner Woodard MOVED to recommend that the City Council enact Ordinance No. 3363-2023. Commissioner Fikes SECONDED the motion. Director Mitchell explained that the ordinance is Council-sponsored and proposes to amend the current marijuana establishment code. Chair Twait opened for public hearing. Alex Douthit explained his reasons for sponsoring the Ordinance. There being no one else wishing to be heard, the public hearing was closed. Discussion ensued. The commission requested that administration review buffer regulations related to State-licensed daycare facilities. VOTE: Page 71 Planning & Zoning Commission Meeting Page 3 of 4 June 28, 2023 YEA: Fikes, Coston, Woodard, Twait, Glendening NAY: None ABSENT: Halstead, Greenberg MOTION PASSED. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval – Requesting an Excused Absence for the June 28, 2023 Regular Meeting - Halstead. Approved by the consent agenda. I. REPORTS 1. City Council – Council Member Douthit reported on the actions of the June 21, 2023 City Council meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the June 26, 2023 Kenai Peninsula Borough Planning Commission Meeting. 3. City Administration – Planning Director Mitchell reported on the following: • Updated data on the 2022 Conditional Use Permit (CUP) annual report; notified commission of active CUPs with missing reports. • Update on King of the River Food Drive, and ways to donate. • Deadline approaching for commissioners to sign up to attend the American Planning Association Conference in Anchorage on September 20, 2023. • Attended the joint Kenai-Soldotna Chamber of Commerce luncheon on a fixed-route transportation plan. • Attended the open house for the FEMA map update, representing Kenai. J. ADDITIONAL PUBLIC COMMENT – None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: July 12, 2023 L. COMMISSION COMMENTS AND QUESTIONS Commissioner Fikes noted she may be absent or participating on Zoom at the July 12, 2023 meeting. Commissioner Glendening noted that he may be absent for the next meeting as well. M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS – None. There being no further business before the Commission, the meeting was adjourned at 7:45 p.m. Page 72 Planning & Zoning Commission Meeting Page 4 of 4 June 28, 2023 I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of June 28, 2023. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 73 June 29, 2023 Rear Admiral Megan Dean Commander - I 7th Coast Guard District United States Coast Guard RE: Docket Number USCG-2023-0392 Admiral Dean: I am writing in full support of recertification of the Cook Inlet Regional Citizens Advisory Council (CIRCAC). Since its creation in 1990, CIRCAC has been Cook Inlet's most effective organization for promoting programs to prevent spills, enhance safety in both marine transportation and oil facilities operations, and protect Cook Inlet's waters, shorelines, cultural, natural and wildlife resources. Not only does CIRCAC advocate for better regulatory oversight and safety measures, they contribute concrete solutions on how to achieve those goals. This includes conducting risk assessments, sharing data, developing applicable tools and strategies, evaluating best available technology, engaging the public, and thoroughly reviewing contingency plans and regulations that prioritize prevention while promoting safety. No other organization has focused as much attention for as many years to identifying, assessing and mitigating risks in this region. CIRCAC has been proactive in working with the Alaska Department of Environmental Conservation (ADEC) on a suite of regulatory updates, approved in 2021. CIRCAC worked with the agency, industry partners and through various public outreach campaigns to educate and support updates that strengthened the state's spill response rules. Working with industry and multiple local, state and federal agencies, CIRCAC has expanded its Ice Camera Network. The information provided by these cameras has significantly reduced the risk of an incident in Cook Inlet's dynamic winter conditions and highlights CIRCAC's ability to develop partnerships and share information. CIRCAC's science program provides valuable data about coastal habitats, physical oceanography and oil behavior. They recently entered a three-year agreement with the Bureau of Ocean Energy Management (BOEM) to compile historical contaminants data from Cook Inlet into an integrated database for online access. CIRCAC continues to provide its stakeholders and the public an avenue through which they can work with industry and regulators to ensure safe operations in the region. Page 74 Page 2 of 2 CIRCAC's accomplishments in the last three years include, but are certainly not limited to: • Updated Alaska ShoreZone visual data with new surveys along the outer Kenai Peninsula coast • Received study plan approval from BOEM for data needs for model validation in Cook Inlet • Advocated for a strengthening of oil spill prevention and response regulations • Increased public outreach efforts through new, local advertising, exhibits and expanding audiences for its newsletter, website, and social media • Expanded Geographic Response Information Database (GRID) in scope and accessibility • Participated on and provide expertise to the Cook Inlet Harbor Safety Committee • Expanded the Cook Inlet Ice Monitoring Camera Network with modem video technology Since its inception, CIRCAC has formed and strengthened partnerships and encouraged consensus decision-making. Through this process, CIRCAC brings a varied group of stakeholders together to create environmental monitoring and oil spill prevention programs to promote safe production and transportation of oil in Cook Inlet. I strongly urge the U.S. Coast Guard to recertify CIRCAC so that it can continue to build on its work and positively impact the future of Cook Inlet. Sincerely, Brian Gabriel, Sr. Mayor Page 75 JULY 5, 2023 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to Item E.4 Ordinance No. 3363-2023 • Amendment Memo Knackstedt 2 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Henry Knackstedt, Council Member DATE: July 5, 2023 SUBJECT: Ordinance 3363-2023 Requested Amendment Ordinance 3363-2023, an amendment to KMC Section 14.20.330(c) to establish a minimum standard for public notification for commercial marijuana establishments should be clearly defined that the property owner(s) of at least 30 properties will be notified since there may be multiple property owners for a property. The following amendment is respectfully requested. Motion Thank you for your consideration. Amend Section 1, paragraph c as follows: (c) A public hearing shall be scheduled before the Planning and Zoning Commission to review the conditional use permit application once it has been deemed complete. The public hearing shall be scheduled in accordance with the requirements in KMC 14.20.280, except that notification shall be mailed to all real property owners on record on the Borough Assessor’s records within a five hundred (500) foot periphery of the parcel affected by the proposed action. [THE NOTICE AREA WILL BE EXPANDED UNTIL A MINIMUM OF THIRTY (30) DIFFERENT PROPERTIES OWNERS ARE AVAILABLE FOR NOTIFICATION.] The notice periphery will be expanded until a minimum of thirty (30) properties are available for notification. CIRCAC PRESENTATION BEFORE THE KENAICITY COUNCIL JULy 5T" 2023 1... Thank you Mayor Gabriel and council for allowing us the time this evening to talk with you and also for supporting our COOK INLET REGIONAL CITIZENS COUNCIL (CIRCAC) for more than 30 years. I have been pleased to have served as your Representative to the organization for nearly half that time. 2... Introduction.... With me tonight is our Public Relations Director, Shaylon Cochran. Shaylon will fill in for your understanding some facts about the organization. 3....Its been a while since our last presentation, some of you are new to council so a brief introduction is due, 4... Our Organization was created by Congress under the OIL POLUTION ACT of 1990 after the EXXON VALDEZ Accident created so much damage to our Alaskan waters. Our purpose is to monitor all phases of OIL DRILLING, PRODUCTION, and TRANSPORTATION of oil throughout the greater COOK INLET REAGON, in addition we have done several millions of Dollars worth of research through out the region. In support of this work We were placed under the OVERSITE of the United States Coast Guard and as such are required to be recertified by them every 3 years. We have without exception been granted that Certification since 1991. 5...... Our purpose here this evening is to seek your support for our Recertification from the United States Coast Guard, With that I will ask Shaylon to fill in some details for you... Please feel free to ask questions of us as they may come to mind. Shaylon, if you will............ Kenai City Council - Regular Meeting Page 1 of 3 July 05, 2023 Kenai City Council - Regular Meeting July 05, 2023 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) 1. Kenai Peninsula Economic Development District Quarterly Update, Tim Dillon, Executive Director. 2. Cook Inlet Regional Citizens Advisory Council (CIRCAC), Three-Year Recertification, John Williams, Vice President of CIRCAC. D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED WITHOUT OBJECTION. Ordinance No. 3360-2023 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) 2. ENACTED WITHOUT OBJECTION. Ordinance No. 3361-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the 2022 Community Assistance Program, Passed through the State of Alaska, Department of Commerce, Community, and Economic Development for National Floodplain Insurance Program Training. (Administration) 3. ENACTED WITHOUT OBJECTION. Ordinance No. 3362-2023 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds to Provide Supplemental Funding for the Kenai Municipal Airport’s Sand Storage Facility Project and Authorizing a Contract Amendment for Professional Services. (Administration) 4. ENACTED AS AMENDED WITHOUT OBJECTION. Ordinance No. 3363-2023 - Amending Kenai Municipal Code Sections 14.20.330 - Standards for Commercial Marijuana Kenai City Council - Regular Meeting Page 2 of 3 July 05, 2023 Establishments, and 14.22.010 - Land Use Table, to Establish a Minimum Standard for Public Notification for Commercial Marijuana Establishments and Prohibit Limited Marijuana Cultivation Facilities in Residential Zoning Districts. (Douthit and Baisden) F. MINUTES 1. *Regular Meeting of June 21, 2023. (City Clerk) 2. *Special Meeting of June 21, 2023 (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Special Use Permit to Kenai Chamber of Commerce and Visitor Center for the Use and Operation of the Moosemeat John Cabin. (Administration) 4. *Action/Approval - Non-Objection to the Renewal of an Outdoor Recreation Lodge Liquor License for The Cannery Lodge, LLC, DBA The Cannery Lodge – License No. 5369 (City Clerk) 5. *Action/Approval - Non-Objection to the Renewal of a Package Store Liquor License for Three Bears Alaska, Inc, DBA Three Bears – License No. 4118 (City Clerk) 6. Discussion/Action - Radio Advertising. (Douthit) I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION 1. Review and Discussion of the City Manager's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Manager. [AS 44.62.310(C)(2)]. Kenai City Council - Regular Meeting Page 3 of 3 July 05, 2023 N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 1. Mayoral Letter of Support for CIRCAC's Recertification. 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/88146644808 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 881 4664 4808 Passcode: 555087 Meeting ID: 881 4664 4808 Passcode: 555087