HomeMy WebLinkAbout2023-09-06 Council PacketKenai City Council - Regular Meeting Page 1 of 3
September 06, 2023
Kenai City Council - Regular Meeting
September 06, 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)
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. Ordinance No. 3368-2023 - Increasing Estimated Revenues and Appropriations in the Airport
Special Revenue and Airport Operations Facility Capital Funds to Provide Supplemental
Funding for the Kenai Municipal Airport Operations Facility Boiler and HVAC Controls
Replacement Project. (Administration)
2. Ordinance No. 3369-2023 - Increasing Estimated Revenues and Appropriations in the Airport
Fund to Procure Consumables for Aircraft Rescue and Fire Training Operations at the Alaska
Fire Training Facility. (Administration) [KMC 1.15.070(d)]
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Enactment (Requires Five Affirmative Votes)
3. Resolution No. 2023-53 - Authorizing a Budget Transfer in the Vintage Point Congregate
Housing Improvement Capital Fund, and Authorizing a Construction Agreement and
Corresponding Purchase Order for the Vintage Point Boiler and Controls Replacement Project.
(Administration)
4. Resolution No. 2023-54 - Authorizing a Professional Services Agreement and Corresponding
Purchase Order for the Lilac Lane Roadway Improvements Project. (Administration)
5. Resolution No. 2023-55 - Denying the Requested Exceptions to Kenai Municipal Code Section
14.10.070, Subdivision Design Standards and Granting Exceptions to Kenai Municipal Code
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Kenai City Council - Regular Meeting Page 2 of 3
September 06, 2023
Section 14.10.080, Minimum Improvements Required for Strawberry Hill Estates 2023 Addition
Preliminary Plat. (Administration)
F. MINUTES
1. *Special Meeting of August 11, 2023. (City Clerk)
2. *Regular Meeting of August 16, 2023. (City Clerk)
G. UNFINISHED BUSINESS
1. Resolution No. 2023-49 - Declaring the Rights-of-Way of Char Circle as Dedicated on Park
View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149)
and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79-156)
are No Longer Needed for a Public Purpose and Consenting to Vacation of the Rights-of-Way.
(Administration) [At the 08/02/23 meeting, this item was postponed to 09/06/23.]
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Renewal of a Beverage Dispensary Liquor License
for Kenai Joe’s Taphouse, LLC, DBA Kenai Joe’s Taphouse, LLC – License No. 626. (City
Clerk)
3. *Action/Approval - Non-Objection to the Transfer of Ownership of a Restaurant Eating Place
Liquor License and Restaurant Designation Permit for Jersey Subs AK LLC., DBA: Jersey Subs
AK - License No. 5900. (City Clerk)
4. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing
Facility License for Herban Extracts, LLC., DBA Herban Extracts LLC - License No. 14432. (City
Clerk)
5. *Action/Approval - Special Use Permit for Corvus Airlines, Inc. DBA Ravn Alaska, LLC for Use
of 1,200 Square Feet of Warm Storage of a De-Ice Vehicle. (Administration)
6. *Action/Approval - Consent to Assignment and Assignment and Assumption of Lease
Agreement, of Lot 3, Block 1, General Aviation Apron No. 1 Amended to Vickie L. Tyler.
(Administration)
7. *Ordinance No. 3370-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the
Sign Research Foundation for the Sign Research Foundation Scholarship Program.
(Administration)
8. Discussion - Marijuana Walk/Drive Up Regulations. (Legal)
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
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Kenai City Council - Regular Meeting Page 3 of 3
September 06, 2023
K. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
L. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
M. EXECUTIVE SESSION
N. PENDING ITEMS
O. ADJOURNMENT
P. INFORMATION ITEMS
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Join Zoom Meeting OR
https://us02web.zoom.us/j/82088608349 Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 820 8860 8349 Passcode: 358169 Meeting ID: 820 8860 8349 Passcode: 358169
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Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3368-2023
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
SPECIAL REVENUE AND AIRPORT OPERATIONS FACILITY CAPITAL FUNDS TO PROVIDE
SUPPLEMENTAL FUNDING FOR THE KENAI MUNICIPAL AIRPORT OPERATIONS FACILITY
BOILER AND HVAC CONTROLS REPLACEMENT PROJECT.
WHEREAS, MBA Consulting Engineers, Inc. contracted with the City on October 31, 2022 to develop bid
ready construction documents f or the Kenai Municipal Airport (KMA) Operations Facility Boiler and HVAC
Controls Replacement project; and,
WHEREAS, during the course of their work in developing the project numerous issues relating to the
facility’s mechanical system have come to light; and,
WHEREAS, the scope of the project will now include replacement of both existing boilers, and
replacement of multiple failed zone control valves within the heating system; and,
WHEREAS, this additional scope of work requires appropriation of additional funds in order for the project
to be released for bid; and,
WHEREAS, construction documents have been finalized and the project is ready for bid release pending
Council’s approval of this Ordinance; and,
WHEREAS, completion of this work will significantly reduce the utility costs for this facility and safeguard
the City’s investment in the apparatus equipment stored within this facility; and,
WHEREAS, staff is coordinating with the Federal Aviation Administration to determine if the project is
eligible for Airport Improvement Program grant funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the estimated revenues and appropriations be increased as follows:
Airport Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $350,000
Increase Appropriations –
Transfer to Airport Operations Facility Capital Project Fund $350,000
Airport Operations Facility Capital Project Fund:
Increase Estimated Revenues –
Transfer from Airport Special Revenue Fund $350,000
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Ordinance No. 3368-2023
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
Increase Appropriations:
KMA Operations Facility Boiler & HVAC Controls Replacement Project –
Construction $350,000
Section 2. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6TH DAY OF SEPTEMBER,
2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: August 16, 2023
Enacted: September 6, 2023
Effective: September 6, 2023
Page 5
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 9, 2023
SUBJECT: Ordinance 3368-2023
The Kenai Municipal Airport Operations Facility Boiler and HVAC Controls Replacement project
is now approaching construction bid release. The design team and public works staff have worked
through several ongoing issues with identifying failed zone control valves and their effect on the
building’s control system. The project scope has now grown from the intention of replacing one
boiler and a few control points, to replacing both boilers and restoring all zone controls to working
condition.
The facility and existing equipment were constructed in 2002. We typically hope to get 25 years
out of our commercial boilers and are falling a little short in this case. The additional cost to
continue running the equipment in this manner along with the increased risk to the facility due to
long lead times on equipment replacements were the determining factors in addressing these
concerns now.
The boilers specified for the project are the same make and models used in the Vintage Point
project as well as in current use at the Alaska Regional Fire Training facility. Staff is familiar with
working on these, and the equipment’s newer technology has provided proven energy savings.
The Airport Manager and Public Works Director are coordinating with our FAA counterparts to
establish a grant to assist with paying for these improvements.
The Operations Facility houses equipment of significant cost and importance to the City.
Completion of this project at this time is in the best interest of the City. Council’s approval is
respectfully requested.
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Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3369-2023
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
FUND TO PROCURE CONSUMABLES FOR AIRCRAFT RESCUE AND FIRE TRAINING
OPERATIONS AT THE ALASKA FIRE TRAINING FACILITY.
WHEREAS, the City entered into Memorandum of Agreements (MOA’s) with the State of Alaska -
DOT/PF Statewide Aviation (SWA) and the State of Alaska - DOT/PF Ted Stevens International Airport
(ANC) agreeing to work cooperatively in operation of the Alaska Fire Training for the calendar year 2023;
and,
WHEREAS, a stipulation of the MOA’s is the Airport will bill and SWA and ANC will pay the actual costs
of all training consumables; and,
WHEREAS, the Aircraft Rescue and Fire Fighting training courses scheduled for the month of September
2023 include live fire drills; and,
WHEREAS, the live fire drills require propane, the tank is nearly empty, and there were insufficient funds
budgeted in FY2024 operating supplies at the Alaska Fire Training Facility; and,
WHEREAS, due to time constraints associated with the ARFF training courses starting September 7,
2023, City Administration is requesting introduction and approval of this Ordinance at the meeting of
September 6, 2023; and,
WHEREAS, pursuant to KMC 1.15.070(d) the City may introduce and finally pass on the same day, an
ordinance making, repealing, transferring or otherwise changing an appropriation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. That the estimated revenues and appropriations be increased as follows:
Airport Fund:
Increase Estimated revenues
Appropriation of Fund Balance $25,000
Increase Appropriations
Transfer to Alaska Fire Training Facility – Operating Supplies $25,000
Section 2. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
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Ordinance No. 3369-2023
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6TH DAY OF SEPTEMBER,
2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: September 6, 2023
Enacted: September 6, 2023
Effective: September 6, 2023
Page 8
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: August 28, 2023
SUBJECT: Ordinance No. 3369-2023 Appropriation of Funds
This memo recommends support of Ordinance No. 3369-2023 appropriating funds into Operating
Supplies at the Alaska Regional Fire Training Facility for propane.
There are insufficient funds in the FY2024 operating budget to cover the cost of propane.
Authorization of this $25,000 will provide the propane necessary to conduct the live fire drills
during the month of September 2023.
Thank you for your consideration.
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Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-53
A RESOLUTION AUTHORIZING A BUDGET TRANSFER IN THE VINTAGE POINT CONGREGATE
HOUSING IMPROVEMENT CAPITAL FUND, AND AUTHORIZING A CONSTRUCTION AGREEMENT
AND CORRESPONDING PURCHASE ORDER FOR THE VINTAGE POINT BOILER AND CONTROLS
REPLACEMENT PROJECT.
WHEREAS, a formal Invitation to Bid for the Vintage Point Boiler and Controls Replacement Project was
released on August 2, 2023 with Bids due on August 28, 2023 with the following bids received:
Bidders Base Bid Total Additive Alt 1 Total Bid
Orion Construction, Inc. $ 399,400.00 $ 104,450.00 $ 503,850.00
Norcoast Mechanical $ 450,000.00 $ 114,000.00 $ 564,000.00
Ameresco, Inc. $ 451,927.00 $ 241,800.00 $ 693,727.00
Sturgeon Electric Company, Inc. $ 592,460.00 $ 200,150.00 $ 792,610.00
; and,
WHEREAS, Orion Construction, Inc. was found to be the lowest responsive and responsible bidder; and,
WHEREAS, current funding in support of the project totals approximately $383,000 and this Resolution
transfers an additional $170,000 to award the contract while providing $30,000 in project contingency
and approximately $20,000 in administration costs; and,
WHEREAS, award to Orion Construction, Inc. is in the best interest of the City; and,
WHEREAS, this project also includes the supply and installation of a backup generator for the facility
which was bid as Additive Alternate 1, for which Council provided $100,000 in funding through adoption
of the FY2024 Capital Improvement Plan and passage of the FY2024 Annual Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to reallocate the existing capital projects funds as
detailed below:
Congregate Housing – Congregate Housing Capital Project Fund:
Decrease Expenditures:
Apartment Kitchen / Bathroom Remodel project - Construction $170,000
Increase Expenditures:
Vintage Pointe Boiler Design & Replacement project - Construction $170,000
Section 2. That the City Manager is authorized to execute a construction contract with Orion
Construction, Inc. in the amount of $503,850 and to issue a corresponding purchase order in that same
amount, and that $30,000 shall be available as project contingency for the processing of change orders
and with the remaining funds available for city administration costs.
Section 3. That this Resolution takes effect immediately upon passage.
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Resolution No. 2023-53
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6TH DAY OF SEPTEMBER, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Page 11
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 29, 2023
SUBJECT: Resolution 2023-53
The Vintage Point Boilers & Controls Replacement Project was released for formal bidding on
August 2, 2023 with bids due on August 28, 2023. The project will replace one large boiler, that
is original to the facility and at the end of its useful life, with two new high efficiency condensing
boilers including replacements of the circulation pumps. Additionally, a backup power generator
as previously requested by the Council on Aging, is included with this work and was bid as
Additive Alternate 1.
Bids came in higher than originally anticipated and require the budget transfer included within this
Resolution. Completion of this project is the highest priority for Congregate Housing. The funds
taken from the Kitchen / Bath Remodel project will be restored within the Capital Improvement
Plan as budget and funding allows. Council can expect to see updated information regarding that
project within next years FY2025-2029 Capital Improvement Plan.
The additional costs are largely associated with the need to maintain facility heat and hot water
at all times during construction. The mechanical room is not large enough to install the new boilers
before removing the old one. This requires the use of temporary heat for a period of time until the
new boilers can become operational.
The successful completion of this project is expected to have significant cost savings for the
facility. The newer technology is much more efficient than the old cast iron boiler. The facility now
having two boilers will make servicing of the units less complicated as one unit can be taken down
while the other remains in service. Having two operational boilers also provides improved
resiliency to the facility, limiting the likelihood of emergencies resulting in significant cost impacts
to the residents and the City.
It should also be noted that the two existing water heaters for the facility are not being replaced
with this project at this time. Their current condition was not as bad as the existing boiler. They
will be connected to the new boilers and placed on the Capital Improvement Plan for replacement
four to five years from now.
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Page 2 of 2
Completion of this project is in the best interest of the City. Council’s approval is respectfully
requested. Photos below are of the items used as the basis of design.
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Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-54
A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT AND
CORRESPONDING PURCHASE ORDER FOR THE LILAC LANE ROADWAY IMPROVEMENTS
PROJECT.
WHEREAS, a formal Request for Proposals was released on August 8, 2023 with proposals due on
August 28, 2023 for the Lilac Lane Roadway Improvements project located between the Kenai Spur
Highway and Cook Inlet View Drive; and,
WHEREAS, the following proposals were received and scored by the department:
Firm Name Score Cost
Professional & Tech. Services
(PTS) 232.0 $107,215
Bell & Associates 223.4 $89,000
Nelson Engineering PC 277.6 $38,840
; and,
WHEREAS, Nelson Engineering PC was determined to have provided the highest scoring proposal; and,
WHEREAS, award to Nelson Engineering PC is in the best interest of the City; and,
WHEREAS, funding for this project is provided within the Municipal Roadway Improvements Capital Fund
and through council’s approval of the FY2024 Capital Improvement Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute a contract award and corresponding
purchase order to Nelson Engineering PC in the amount of $38,840.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6TH DAY OF SEPTEMBER, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Page 14
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 29, 2023
SUBJECT: Resolution 2023-54 – Lilac Lane Road Improvements Project
The purpose of this memo is to request Council’s approval to award a professional services
agreement to Nelson Engineering PC in support of the Lilac Lane Roadway Improvements
Project. A formal Request for Proposal (RFP) was released on August 8, 2023 with three
proposals received by the City on August 28, 2023. Nelson Engineering PC was determined to
have provided the highest scoring proposal.
Firms were evaluated and scored on the following criteria:
• Firm Experience / Qualifications 25%
• Key Staff / Subconsultants Experience & Qualifications 25%
• Firm’s Methodology / Approach / Time line 25%
• Cost of Services 25%
Lilac Lane was constructed in 1986, is 1520’ in length and 30’ wide with concrete curb and gutter.
The 2009 Roadway Improvement Survey listed the road in poor condition at that time, and
conditions have only continued to deteriorate since then.
Once under contract, Engineer’s will release surveyors to document current conditions and
grades before winter sets in. Design work will continue over the winter with the intention of
constructing throughout next summer.
Funding for this design work resides within the Municipal Roadway Improvements Capital Fund
approved through the FY2024 Annual Budget.
Council’s support for the project is respectfully requested.
Site map attached.
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Sponsored by: Administration
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CITY OF KENAI
RESOLUTION NO. 2023-55
A RESOLUTION DENYING THE REQUESTED EXCEPTIONS TO KENAI MUNICIPAL CODE SECTION
14.10.070, SUBDIVISION DESIGN STANDARDS AND GRANTING EXCEPTIONS TO KENAI
MUNICIPAL CODE SECTION 14.10.080, MINIMUM IMPROVEMENTS REQUIRED FOR
STRAWBERRY HILL ESTATES 2023 ADDITION PRELIMINARY PLAT.
WHEREAS, Kenai Municipal Code Section (KMC) 14.10.090 Variations and exceptions allows for the
City Council to vary or modify the minimum subdivision requirements, after a report by the Planning and
Zoning Commission so that the subdivider may develop the property in a reasonable manner while at the
same time protecting the public welfare and interests of the City, surrounding areas, and general intent
and spirit of the development requirements when the tract to be subdivided is of unusual shape or size
or is surrounded by such development or unusual conditions that strict application of the improvement
requirements would result in real difficulties, substantial hardship, or injustice; and,
WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Strawberry Hill Estates
2023 Addition on August 23, 2023, including requested variances and exceptions; and,
WHEREAS, the Planning and Zoning Commission passed Resolution No. PZ2023-15 on August 23,
2023, recommending that the City Council deny the requested exceptions to KMC Subsections
14.10.070(a) and 14.10.080(d)(1) from exceeding the maximum block length of 1,400 linear feet and
waive the right-of-way dedication of Devray Street; however, Planning and Zoning Commission
recommends that the City Council approve exceptions to KMC Subsections 14.10.080(c), (e), and (f)
from the requirements of road improvement construction of Devray Street and connecting to City water
and sewer systems; and,
WHEREAS, the Planning and Zoning Commission Resolution PZ2023-15 provided substantial findings
to deny the requested exceptions and support the exceptions presented by staff; and,
WHEREAS, denying an exception to the requirements of KMC Subsections 14.10.070(a) and
14.10.080(d)(1) does not result in real difficulties, substantial hardship, or injustice for the subdivider from
developing the property in a reasonable manner; and,
WHEREAS, granting an exception to the requirements of KMC Subsections 14.10.080(c), (e), and (f) will
allow the subdivider to provide water supply and on-site wastewater systems for the development without
connecting to City water and sewer systems since there’s no connections within reasonable proximity;
furthermore, the subdivider would not have to construct or improve the dedicated right-of-way, Devray
Street since Wortham Avenue will provide adequate right-of-way access for the proposed subdivision
and will be developed to City’s standards for construction; and,
WHEREAS, the Planning and Zoning Commission conditioned its recommendation for exceptions to
include a note on the recorded plat that when an improvement district is formed, the real property involved
will be part of the improvement district without further action by the then owner of the property in question.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That pursuant to KMC 14.10.090, exceptions to KMC Subsections 14.10.070(a) and
14.10.080(d)(1) from exceeding the maximum block length of 1,400 linear feet and waive the right-of-
Page 17
Resolution No. 2023-55
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
way dedication of Devray Street are denied, however the City grants exceptions to the requirement for
City water and sanitary sewer lines to each lot in the subdivision and the construction or improvement of
Devray Street based on the findings stated above.
Section 2. That Council’s action to provide exceptions for the above requests shall be revoked if the
subdivision or individual phases of the subdivision are not completed within the allowable Kenai
Peninsula Borough preliminary plat time extension process.
Section 3. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6TH DAY OF SEPTEMBER, 2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Page 18
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: August 29, 2023
SUBJECT: Resolution 2023-55 – Denying the Requested Exceptions to KMC
Section 14.10.070 Subdivision Design Standards and Granting
Exceptions to the KMC Section 14.10.080 Minimum Improvements
Required for Strawberry Hill Estates 2023 Addition Preliminary Plat
The City received a preliminary plat known as Strawberry Hill Estates 2023 Addition from McLane
Consulting, Inc., on behalf of the property owners, David Bunts and Tracey Bunts for a 13-lot
subdivision with two (2) requested exceptions to KMC Subsections 14.10.070(a) relationship to
Adjoining Street System and 14.10.070(d)(1) Blocks [Length].
On August 23, 2023, the Planning and Zoning Commission passed Resolution PZ2023-15
recommending the approval of the Preliminary Plat for Strawberry Hill Estates 2023 Addition
subject to the following conditions:
1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum
block length of 1,400 linear feet and waive the right-of-way dedication of Devray Street.
2. Recommend Kenai City Council to approve the exceptions from connecting to City water
and sewer systems.
3. Revised Note 4 on the Preliminary Plat to “DEVELOPMENT MUST MEET THE CITY OF
KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS”.
4. Recommend Kenai City Council to approve the exception from the road improvement
construction of Devray Street and requiring the subdivider include a covenant on the
recorded plat that if an improvement district is formed, the real property involved will be a
part of the improvement district without further action by the then owner of the property in
question.
KMC Section 14.10.090 Variations and exceptions allows for the City Council to vary or modify
the minimum subdivision requirements, after a report by the Planning and Zoning Commission so
that the subdivider may develop the property in a reasonable manner while at the same time
protecting the public welfare and interests of the City, surrounding areas, and general intent and
spirit of the development requirements when the tract to be subdivided is of unusual shape or size
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 19
Page 2 of 2
or is surrounded by such development or unusual conditions that strict application of the
improvement requirements would result in real difficulties, substantial hardship, or injustice; and,
This resolution will deny the requested exceptions to exceed the maximum block length of 1,400
linear feet and waive the rights-of-way dedication of Devray Street and grant the exceptions from
connecting to City water and sewer system, and road improvement construction of Devray Street.
Thank you for your consideration.
Attachments
Resolution PZ2023-15
Staff Report
The City of Kenai I www.kenai.city
Page 20
E1/16
TRACT A
KN72-63
TRACT 1
KN73-06 TRACT 1-A
KN73-06
TRACT C
KN75-24
TRACT E
KN75-24
TRACT B
KN78-87TRACT B-1
KN78-87
TRACT F
KN78-87
LOT 11 BLOCK 4
KN83-284
LOT 10 BLOCK 4
KN83-284
LOT 9 BLOCK 4
KN83-284
LOT 8 BLOCK 4
KN83-284
LOT 7 BLOCK 4
KN83-284
LOT 5 BLOCK 5
KN83-284
LOT 9 BLOCK 2
KN83-284
LOT 8 BLOCK 2
KN83-284
LOT 7 BLOCK 2
KN83-284
LOT 9 BLOCK 3
KN89-09
LOT 8 BLOCK 3
KN89-09 LOT 7 BLOCK 3
KN89-09
LOT 2
1.117 AC
LOT 8
1.028 AC
LOT 1
1.118 AC
LOT 3
1.022 AC
LOT 4
1.022 AC
LOT 13
1.028 AC
LOT 12
1.072 AC LOT 10
1.028 AC
LOT 9
1.028 AC
LOT 7
1.028 AC
LOT 6
1.028 AC
LOT 11
1.181 AC
LOT 5
1.255 AC
N89°59'13"W
N0
0
°
0
0
'
4
7
"
E
N89°59'13"W
S00°08'08"E
37.42'N89°59'13"W
195.00'
C1
N0
5
°
2
9
'
0
2
"
E
N89°59'13"W
85.00'
C2
N43
°
2
9
'
3
3
"
E
60.0
0
'
C3
N31
°
2
5
'
3
7
"
E
S89°58'54"E S00°08'08"E
39.03'
S89°58'15"E
S0
0
°
0
7
'
2
0
"
E
11
8
.
1
4
'
S
1
8
°
4
8
'
1
5
"
E
S0
0
°
0
7
'
2
0
"
E
64
.
7
0
'
N89°59'13"W
175.07'
S0
0
°
0
0
'
4
7
"
W
20
8
.
7
1
'
N0
0
°
0
0
'
4
7
"
E
20
8
.
7
1
'
C4
S68°33
'
3
3
"
W
416.45'
347.14'
919.46'
4
5
8
.
3
1
'
208.00'
17
9
.
4
2
'
213.67
'
22
5
.
1
3
'
214
.
2
2
'
S89°59'13"E
"BASIS OF BEARING"
KN72-63
2638.90'
N89°59'13"W
60.00'
FOUND 2" ALCAP
ILLEGIBLE
1997
830.51'
S T R A W B E R R Y RD 50' R/W
N0
0
°
0
8
'
0
8
"
W
35
0
.
0
0
'
D
E
V
R
A
Y
S
T
6
0
'
R
/
W
60' R/W HEREBY DEDICATED
WORTHAM AVE
50
.
0
0
'
50
.
0
0
'
15
8
.
7
1
'
15
8
.
7
1
'
140.36'
22
5
.
9
2
'
N89°59'13"W
106.25'
C5
N0
0
°
0
8
'
0
8
"
W
176.78'30.00'
N0
0
°
0
8
'
0
8
"
W
18
6
.
8
7
'
N89°59'13"W 206.78'N89°59'13"W 275.35'
N0
0
°
0
8
'
0
8
"
W
18
6
.
7
9
'
30.00'245.35'248.86'
20
7
.
0
9
'
C6
N89°59'13"W
111.72'
N0
7
°
4
1
'
4
9
"
E
197.27'
28
4
.
5
4
'
N65
°
2
4
'
5
1
"
W
146.
0
4
'
C7
N1
2
°
5
9
'
1
6
"
E
172.92'
35
3
.
6
7
'
C8
N65
°
2
4
'
5
1
"
W
84.1
9
'
N2
1
°
3
5
'
1
0
"
E
25.07'
1
9
8
.
1
7
'
179.
3
3
'
C10
C
9
N50°
5
9
'
3
4
"
E
2
6
0
.
1
4
'
C
1
1
105.53'
30
6
.
5
3
'
C
1
3
C
1
2
102.47'
187
.
0
2
'
S65
°
2
4
'
5
1
"
E
147.
9
8
'
S2
4
°
3
5
'
0
9
"
W
19
1
.
3
4
'
S89°59'13"E
153.96'C14
S65°24'51"E
14.43'
S30
°
4
0
'
1
1
"
W
184.00'
S0
0
°
0
0
'
4
7
"
W
19
1
.
3
4
'
S89°59'13"E
232.95'
217.06'30.00'
S89°59'13"E
228.18'
S0
0
°
0
8
'
0
8
"
E
165.00'30.00'
10' UTILITY EASEMENT SEE NOTE #2
10' UTILITY EASEMENT SEE NOTE #2
N65
°
2
4
'
5
1
"
W
67.8
2
'
SE1/16 SEC. 6
S89°58'56"E
1319.63'
N0
0
°
0
8
'
0
8
"
W
45
5
.
9
7
'
N89°58'15"W
FOUND 2-1/2"
BRASS CAP
610-S 1972
1319.50'
CS1/16 SEC. 6
FOUND 2-1/2"
BRASS CAP
610-S 1969
N0
0
°
0
8
'
3
6
"
W
13
2
0
.
7
4
'
1/4
SECTION 6
SECTION 7
FOUND 2-1/2"
GLO BRASS CAP
1937
1319.45'
S6
S7
S5
S8
428.94'
FOUND 2-1/2"
GLO BRASS CAP
1937
S1/16
N0
0
°
0
8
'
0
0
"
W
13
2
0
.
2
6
'
SE
C
T
I
O
N
6
SE
C
T
I
O
N
5
50.00'
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
DELTA
9°38'11"
43°28'46"
10°39'20"
12°04'52"
32°49'26"
19°16'54"
5°17'27"
8°35'55"
28°23'14"
1°01'10"
27°25'20"
16°21'37"
36°59'09"
24°34'22"
RADIUS
330.00'
330.00'
270.00'
370.00'
270.00'
330.00'
330.00'
230.00'
230.00'
430.00'
430.00'
370.00'
170.00'
270.00'
LENGTH
55.50'
250.42'
50.21'
78.02'
154.68'
111.05'
30.47'
34.52'
113.95'
7.65'
205.80'
105.65'
109.74'
115.80'
TANGENT
27.82'
131.59'
25.18'
39.15'
79.53'
56.06'
15.25'
17.29'
58.17'
3.83'
104.91'
53.19'
56.86'
58.80'
CHORD BEARING
N 85° 10' 08" W
N 68° 14' 50" W
S 51° 50' 07" E
N 06° 01' 39" W
N 73° 34' 30" W
N 80° 20' 46" W
N 68° 03' 35" W
N 61° 06' 54" W
N 42° 37' 20" W
N 27° 55' 08" W
N 13° 41' 53" W
S 20° 14' 54" E
S 46° 55' 17" E
S 77° 42' 02" E
CHORD LENGTH
55.44'
244.46'
50.14'
77.87'
152.57'
110.53'
30.46'
34.48'
112.79'
7.65'
203.84'
105.29'
107.84'
114.91'
Book No. :Scale: 1" = 60'22-04Date :JAN 2023
KPB File No.2023-xxx
Drawn by :JAH
Project No.222002
ENGINEERING - TESTING
SURVEYING - MAPPING
P.O. BOX 468
SOLDOTNA, AK. 99669
VOICE: (907) 283-4218
FAX: (907) 283-3265
WWW.MCLANECG.COM
STRAWBERRY HILL ESTATES 2023 ADDITION
16.466 AC. M/L SITUATED IN THE SE1/4 OF SECTION 6, TOWNSHIP 5
NORTH, RANGE 10 WEST, SEWARD MERIDIAN, AK, THE CITY OF KENAI,
KENAI PENINSULA BOROUGH AND THE KENAI RECORDING DISTRICT.
DAVID BUNTS
PO BOX 226
STERLING, AK 99672
Plat #
Time M
Rec Dist
Date 20
CERTIFICATE OF OWNERSHIP AND DEDICATION
FOR:
ACKNOWLEDGED BEFORE ME THIS
_______ DAY OF ________________, 2023
MY COMMISSION EXPIRES :_____________
____________________________________
NOTARY PUBLIC FOR THE
STATE OF ALASKA
NOTARY'S ACKNOWLEDGEMENT
1. WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS SHALL BE
PERMITTED ONLY IN CONFORMANCE WITH APPLICABLE
REQUIREMENTS OF 18 AAC 72 AND 18 AAC 80.
2. THE FRONT 10 FEET ADJOINING DEDICATED RIGHTS-OF-WAY IS
ALSO A UTILITY EASEMENT HEREBY GRANTED.
3. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED
WITHIN AN EASEMENT WHICH WOULD INTERFERE WITH THE
ABILITY OF A UTILITY TO USE THE EASEMENT.
4. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14
ZONING CODE REQUIREMENTS.
5. FURTHER DEVELOPMENT OF THE PROPERTY SHALL CONFORM TO
ALL FEDERAL, STATE OF ALASKA AND LOCAL REGULATIONS.
6. NO DIRECT ACCESS TO STATE MAINTAINED RIGHTS-OF-WAY
PERMITTED UNLESS APPROVED BY STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.
7. THIS PARCEL MAY BE AFFECTED BY AN ELECTRIC EASEMENT
GRANTED TO HOMER ELECTRIC ASSOCIATION ON JUNE 5, 1968 IN
MISC. BOOK 31, PAGE 124, KRD, LOCATION NOT DEFINED.
DAVID BUNTS
PO BOX 226, STERLING, AK 99672
JAMES A. HALL
85032-S
PLAT APPROVAL
AUTHORIZED OFFICIAL
THIS PLAT WAS APPROVED BY THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION AT THE MEETING
OF , 2023.
NOTES
1 inch =
GRAPHIC SCALE
0 60
60 ft.
12030
WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE REAL
PROPERTY SHOWN AND DESCRIBED HEREON AND WE HEREBY ADOPT
THIS PLAN OF SUBDIVISION AND BY OUR FREE CONSENT DEDICATE
ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT
ALL EASEMENTS TO THE USE SHOWN.
LEGEND
FOUND PRIMARY MONUMENT AS DESCRIBED
SET 5/8"x30" REBAR w/ 1" STAINLESS
STEEL CAP 85032-S
FOUND 1/2" REBAR
SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER
(S1/2 SE1/4) LYING EAST OF THE KENAI SPUR HIGHWAY, SECTION 6,
TOWNSHIP 5 NORTH, RANGE 10 WEST, SEWARD MERIDIAN, ALASKA
EXCEPTING PLAT No. 73-6, 83-284, 75-24, 78-87, 72-63, 89-9, 84-111,
WARRANTY DEED BOOK 79, PAGE 314 KENAI RECORDING DISTRICT
AND ANY PORTION LYING WITHIN THE RIGHTS-OF-WAY OF ANY AND
ALL PUBLIC OR PRIVATE ROADS AND HIGHWAYS.
TRACEY BUNTS
PO BOX 226, STERLING, AK 99672
DAVID & TRACEY BUNTS
TRACEY BUNTS
PO BOX 226
STERLING, AK 99672
Scale 1" = 1 Mile
VICINITY MAP
THIS
SUBD.
T5N
R1
1
W
R1
0
W
K
E
N
A
I
S
P
U
R
H
W
Y
17
8
16
97
18
12
13
6
KEN
A
I
R
I
V
E
R
CI
T
Y
L
I
M
I
T
S
KENAI T6N
5 41
36 31 32 33
CERTIFICATE OF ACCEPTANCE
CITY MANAGER, CITY OF KENAI
THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO ACCEPT AND
HEREBY ACCEPTS ON BEHALF OF THE CITY OF KENAI FOR PUBLIC PURPOSES THE REAL PROPERTY
TO BE DEDICATED BY THIS PLAT INCLUDING EASEMENTS, RIGHTS-OF-WAY (WORTHAM AVE,
STRAWBERRY RD), ALLEYS, AND OTHER PUBLIC AREAS SHOWN ON THIS PLAT. THE ACCEPTANCE
OF LANDS FOR PUBLIC USE OR PUBLIC PURPOSE DOES NOT OBLIGATE THE PUBLIC OR ANY
GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS.
BY:
DATE
WASTEWATER DISPOSAL
SOIL CONDITIONS, WATER TABLE LEVELS, AND SOIL SLOPES IN THIS SUBDIVISION
HAVE BEEN FOUND SUITABLE FOR CONVENTIONAL ONSITE WASTEWATER
TREATMENT AND DISPOSAL SYSTEMS SERVING SINGLE-FAMILY OR DUPLEX
RESIDENCES AND MEETING THE REGULATORY REQUIREMENTS OF THE KENAI
PENINSULA BOROUGH. ANY OTHER TYPE OF ONSITE WASTEWATER TREATMENT
AND DISPOSAL SYSTEM MUST BE DESIGNED BY A PROFESSIONAL ENGINEER,
REGISTERED TO PRACTICE IN ALASKA, AND THE DESIGN MUST BE APPROVED BY
THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
CODY R. McLANE C.E. 11510 AK DATE
CONTOUR INTERVAL = 4'
~-
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Page 23
STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE:August 18, 2023
SUBJECT: Resolution No. PZ2023-15 – Preliminary Plat – Strawberry Hill Estates
2023 Addition
Request
Staff
Recommendation
The applicant is proposing a preliminary plat to subdivide one (1) parcel
into 13 lots with two (2) requested exceptions to the adjoining street
system and block length standards.
Adopt Resolution No. PZ2023-15 recommending approval of
Preliminary Plat – Strawberry Hill Estates 2023 Addition for the
subdivision of a parcel described by metes and bounds into 13 lots,
deny the requested exceptions, and approve the exceptions to
connecting to City water and sewer systems.
Applicant: McLane Consulting, Inc.
Attn: James Hall
P.O. Box 468
Soldotna, AK 99669
Property Owners: David Bunts and Tracey Bunts
Legal Description: That certain parcel of land located in the South ½ of the Southeast ¼
lying East of the Kenai Spur Highway, in Section 6, Township 5 North,
Range 10 West, Seward Meridian, Excepting Therefrom: Plat Nos. 73-
6, 83-284, 75-24, 78-87, 72-63, 89-9, 84-111, and Corrected Warranty
Deed (Book 79 at Page 314) in the records of the Kenai Recording
District, Third Judicial District, State of Alaska. Further excepting
therefrom, any portion within the rights-of-way of any and all public or
private roads and highways.
Property Address: 801 Devray Street
KPB Parcel No.: 04951027
Lot Size Range: 1.022 – 1.255 acres
No. of Lots: 13
KJ;NAI
Page 24
Resolution No. PZ2023-15
Preliminary Plat
Strawberry Hill Estates 2023 Addition Page 2 of 4
Zoning District: Rural Residential (RR)
Current Use: Vacant
Proposed Use: Residential
Surrounding Uses: North – Vacant Lots; South – Single-Family Residences; West –
Vacant Lots; East – Vacant Lot and Single-Family Residences
BACKGROUND
The proposed preliminary plat would subdivide one (1) parcel located at 801 Devray Street (KPB
Parcel No. 04951027) into 13 lots. The lot size ranges between 1.022 and 1.255 acres.
The applicant has requested for two (2) exceptions to the Kenai Municipal Code (KMC)
Subsections 14.10.070(a) relationship to Adjoining Street System and 14.10.070(d)(1) Blocks
[Length].
KMC Chapter 14.10 Subdivision Regulations states preliminary plats or replats must first be
submitted to the City for review and provide recommendation to the Kenai Peninsula Borough
Planning Commission. Furthermore, KMC Section 14.10.090 Variations and exceptions states
that City Council may vary or modify such requirements in KMC Chapter 14.10 Subdivision
Regulations so that the subdivider may develop their property in a reasonable manner, but at the
same time, the public welfare and interests of the City and surrounding areas are protected and
the general intent and spirit of these regulations preserved.
ANALYSIS
The proposed subdivision meets the development requirements (i.e., lot size and lot width) for
the Rural Residential (RR) zoning district. The proposed preliminary plat generally meets the
subdivision design standards with the exceptions to the requested waivers. The proposed access
is through the 60-foot right-of-way dedication to connect and continue Wortham Avenue from the
west and intersect Strawberry Road to the south. Wortham Avenue is not a city-maintained road.
The applicant is requesting to waive the 60-foot right-of-way dedication of Devray Street, which
is not a City-maintained road. City water and sewer services are not available to the proposed
lots. The proposed subdivision will be subject to the requirements of the Alaska Department of
Environmental Conservation (ADEC) for water supply and on-site wastewater systems. The
Public Works Director reviewed the proposed preliminary plat and had no comments. An
installation agreement is not required.
Lot Size
The subdivision is located in the Rural Residential zoning district, which requires a minimum of
lot size of 20,000 square feet. Each lot is in excess of one (1) acre; therefore, all 13 lots meet the
minimum lot size for the subject zoning district.
Lot Width
The minimum lot width for the subject zoning district is 90 feet, which all 13 lots exceeds the
minimum lot width.
Adjoining Street System and Block Length
Page 25
Resolution No. PZ2023-15
Preliminary Plat
Strawberry Hill Estates 2023 Addition Page 3 of 4
KMC Subsection 14.10.070(a) states the arrangement of streets in the new subdivision shall
make provisions for the continuation of the principal existing streets in adjoining areas. In the
aforementioned subsection, it also states the street arrangement shall be such as not to cause a
hardship to owners of adjoining property when they plat their own land and seek to provide for
convenient access to it. The subject parcel abuts Devray Street (to the north and south), Wortham
Avenue, and Strawberry Road. The applicant states that the extension of Wortham Avenue
through the subdivision gives adequate access to all properties created and adjoining removing
pressure to access adjoining lots from Kenai Spur Highway as the reason for the request to waive
the 60-foot rights-of-way dedication for the continuation of Devray Street. In addition, the applicant
states that not connecting Devray Street removes congestion potential of traffic backup on
Strawberry Road onto Kenai Spur Highway. The waiver of the right-of-way dedication of Devray
Street would require the waiver of exceeding the maximum block length of 1,400 linear feet by
approximately ±300 linear feet. KMC Subsection 14.10.080(d)(1) states that no block shall be
longer than 1,400 feet and where blocks are longer than 1,000 feet, a crosswalk at least 10 feet
in width may be required near the center of the block.
When requesting for variations and exceptions to the KMC Chapter 14.10 Subdivision
Regulations, the tract to be subdivided is of such unusual size or shape or is surrounded by such
development or unusual conditions that the strict application of the requirements contained in the
regulations would result in real difficulties, substantial hardship or injustice. Staff finds that the
requirement of the 60-foot right-of-way dedication of Devray Street would not impose a substantial
hardship or injustice. The right-of-way dedication would allow more convenient access from Kenai
Spur Highway to the subject subdivision as well as several subdivisions to the north such as Three
W’s Subdivision Addition No. 1, Hornaday Property Survey, Strawberry Fields Forever Addition
No. 2, and Strawberry Fields Forever Addition No. 3.
With the requested exception, it would leave the existing dedicated Devray Street to have dead
ends that do not meet the current standards, which shall terminate into an open space (preferable
circular) having a minimum radius of 50 feet.
Public Water and Sewer
KMC Subsections 14.10.080(e) and (f), states that in subdivisions of 10 or more lots, an approved
public water supply and sewer lines shall be provided/installed to serve each lot. This is not
feasible as there are no City water and sewer connections in the surrounding area. Therefore,
these standards require exceptions to the provisions. It would meet the intent for exceptions as it
would cause a substantial hardship or burden on the development of this subdivision.
Summary
Staff finds that the proposed preliminary plat meets the following Title 14 of Kenai Municipal Code
(KMC) sections.
1.Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the
minimum street widths, easements are sufficiently provided for utilities, the proposed
subdivision would provide satisfactory and desirable building site, and on-site water
system and wastewater treatment/disposal system will be subject to the regulatory
requirements of ADEC.
2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet
City standards for minimum lot sizes in the subject zoning district.
Page 26
Resolution No. PZ2023-16
Preliminary Plat
Strawberry Hill Estates 2023 Addition Page 4 of 4
3. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel meet City
standards for minimum lot width and utility easements. Compliance with the maximum lot
coverage, maximum height, and setbacks will be reviewed during the building permit
review.
Staff does not find that the proposed preliminary plat meets the following Title 14 of Kenai
Municipal Code (KMC) section.
1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat does not meet the
dedicated right-of-way for the continuation of the existing streets in adjoining areas and
maximum block length of 1,400 linear feet. The request for the exception could potentially
remove traffic congestion in exchange for convenient and additional access to surrounding
subdivisions. The requested exception does not demonstrate a substantial hardship or
injustice.
STAFF RECOMMENDATION
Staff finds that the proposed preliminary plat for Strawberry Hill Estates 2023 Addition generally
meets the general standards of Kenai Municipal Code, Chapter 14.10 Subdivision Regulations
and Chapter 14.24 Development Requirements Table, and hereby recommends that the
Planning and Zoning Commission recommends approval of Resolution No. PZ2023-15 to Kenai
Peninsula Borough, subject to the following conditions.
1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum
block length of 1,400 linear feet and waive the rights-of-way dedication of Devray Street.
2. Recommend Kenai City Council to approve the exceptions from connecting to City water
and sewer systems.
3. Revised Note 4 on the Preliminary Plat to “DEVELOPMENT MUST MEET THE CITY OF
KENAI CHAPTER 14.20 ZONING CODE REQUIREMENTS”.
ATTACHMENTS
Aerial Map
Application with Certificate of Plat
Preliminary Plat, Strawberry Hill Estates 2023 Addition
Page 27
N A 0
I
PRELIMINARY PLAT
Resolution No. PZ2023-15
801 Devray Street
KPB Parcel ID: 04951027
Cl Subject Property
Map for Reference Only
NOT A LEGAL DOCUMENT
165 330
I
660 Feet
I
Date Printed: 8/18/2023
Page 28
Stewart Pit{e of tli.e 'l(enai (Peninsu{a, Inc.
35681 Kenai Spur Hwy., Unit B
Mclane Consulting, Inc.
PO Box468
Soldotna, AK 99669
Attention: James Hall
Gentlemen:
Soldotna, AK 99669
Tel: (907) 260-8031 Fax: (907) 260-8036
Amendment No. 1: Change effective date
CERTIFICATE TO PLAT
This is a certificate as of July 06, 2023 at 8:00 A.M. for a plat out of the following property:
File Number: 21301
Premium: $250.00
Tax:
That certain parcel of land located in the South one-half of the Southeast one-quarter (S1/2SE1/4) lying East of
the Kenai Spur Highway, in Section 6, Township 5 North, Range 10 West, Seward Meridian, in the records of the
Kenai Recording District, Third Judicial District, State of Alaska.
EXCEPTING THEREFROM:
Hornaday Property Survey, according to Plat No. 73-6, Kenai Recording District, Third Judicial District, State of
Alaska;
Strawberry Hill Estates, according to Plat No. 83-284, Kenai Recording District, Third Judicial District, State of
Alaska;
Tracts E and C Davidson Homestead, according to Plat No. 75-24, Kenai Recording District, Third Judicial
District, State of Alaska;
Tracts B-1 and F Davidson Homestead, according to Plat No. 78-87, Kenai Recording District, Third Judicial
District, State of Alaska;
Tract A Davidson Homestead, according to Plat No. 72-63, Kenai Recording District, Third Judicial District, State
of Alaska;
Strawberry Hill Estates Johnisee Addition, according to Plat No. 89-9, Kenai Recording District, Third Judicial
District, State of Alaska;
Myers/Strawberry Road Right of Way Map, according to Plat No. 84-111, Kenai Recording District, Third Judicial
District, State of Alaska;
That portion conveyed by Corrected Warranty Deed recorded August 23, 1974 in Book 79 at Page 314;
FURTHER EXCEPTING THEREFROM, any portion lying within the rights-of-way of any and all public or private
roads and highways.
The Company certifies that record title is vested in
David Bunts and Tracey Bunts
an estate in fee simple, free from all liens, encumbrances, and objections except for as follows:
1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance
thereof.
2. RESERVATIONS AND EXCEPTIONS as contained in Mineral Patent from the United States of America to
the State of Alaska
Recorded: September 27, 1982
Volume/Page: 194/781
FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance
nor responsibility therefore is implied or assumed.
Certificate to Plat KB1 File No.: 21301
Page 31
E1/16
TRACT A
KN72-63
TRACT 1
KN73-06 TRACT 1-A
KN73-06
TRACT C
KN75-24
TRACT E
KN75-24
TRACT B
KN78-87TRACT B-1
KN78-87
TRACT F
KN78-87
LOT 11 BLOCK 4
KN83-284
LOT 10 BLOCK 4
KN83-284
LOT 9 BLOCK 4
KN83-284
LOT 8 BLOCK 4
KN83-284
LOT 7 BLOCK 4
KN83-284
LOT 5 BLOCK 5
KN83-284
LOT 9 BLOCK 2
KN83-284
LOT 8 BLOCK 2
KN83-284
LOT 7 BLOCK 2
KN83-284
LOT 9 BLOCK 3
KN89-09
LOT 8 BLOCK 3
KN89-09 LOT 7 BLOCK 3
KN89-09
LOT 2
1.117 AC
LOT 8
1.028 AC
LOT 1
1.118 AC
LOT 3
1.022 AC
LOT 4
1.022 AC
LOT 13
1.028 AC
LOT 12
1.072 AC LOT 10
1.028 AC
LOT 9
1.028 AC
LOT 7
1.028 AC
LOT 6
1.028 AC
LOT 11
1.181 AC
LOT 5
1.255 AC
N89°59'13"W
N0
0
°
0
0
'
4
7
"
E
N89°59'13"W
S00°08'08"E
37.42'N89°59'13"W
195.00'
C1
N0
5
°
2
9
'
0
2
"
E
N89°59'13"W
85.00'
C2
N43
°
2
9
'
3
3
"
E
60.0
0
'
C3
N31
°
2
5
'
3
7
"
E
S89°58'54"E S00°08'08"E
39.03'
S89°58'15"E
S0
0
°
0
7
'
2
0
"
E
11
8
.
1
4
'
S
1
8
°
4
8
'
1
5
"
E
S0
0
°
0
7
'
2
0
"
E
64
.
7
0
'
N89°59'13"W
175.07'
S0
0
°
0
0
'
4
7
"
W
20
8
.
7
1
'
N0
0
°
0
0
'
4
7
"
E
20
8
.
7
1
'
C4
S68°33
'
3
3
"
W
416.45'
347.14'
919.46'
4
5
8
.
3
1
'
208.00'
17
9
.
4
2
'
213.67
'
22
5
.
1
3
'
214
.
2
2
'
S89°59'13"E
"BASIS OF BEARING"
KN72-63
2638.90'
N89°59'13"W
60.00'
FOUND 2" ALCAP
ILLEGIBLE
1997
830.51'
S T R A W B E R R Y RD 50' R/W
N0
0
°
0
8
'
0
8
"
W
35
0
.
0
0
'
D
E
V
R
A
Y
S
T
6
0
'
R
/
W
60' R/W HEREBY DEDICATED
WORTHAM AVE
50
.
0
0
'
50
.
0
0
'
15
8
.
7
1
'
15
8
.
7
1
'
140.36'
22
5
.
9
2
'
N89°59'13"W
106.25'
C5
N0
0
°
0
8
'
0
8
"
W
176.78'30.00'
N0
0
°
0
8
'
0
8
"
W
18
6
.
8
7
'
N89°59'13"W 206.78'N89°59'13"W 275.35'
N0
0
°
0
8
'
0
8
"
W
18
6
.
7
9
'
30.00'245.35'248.86'
20
7
.
0
9
'
C6
N89°59'13"W
111.72'
N0
7
°
4
1
'
4
9
"
E
197.27'
28
4
.
5
4
'
N65
°
2
4
'
5
1
"
W
146.
0
4
'
C7
N1
2
°
5
9
'
1
6
"
E
172.92'
35
3
.
6
7
'
C8
N65
°
2
4
'
5
1
"
W
84.1
9
'
N2
1
°
3
5
'
1
0
"
E
25.07'
1
9
8
.
1
7
'
179.
3
3
'
C10
C
9
N50°
5
9
'
3
4
"
E
2
6
0
.
1
4
'
C
1
1
105.53'
30
6
.
5
3
'
C
1
3
C
1
2
102.47'
187
.
0
2
'
S65
°
2
4
'
5
1
"
E
147.
9
8
'
S2
4
°
3
5
'
0
9
"
W
19
1
.
3
4
'
S89°59'13"E
153.96'C14
S65°24'51"E
14.43'
S30
°
4
0
'
1
1
"
W
184.00'
S0
0
°
0
0
'
4
7
"
W
19
1
.
3
4
'
S89°59'13"E
232.95'
217.06'30.00'
S89°59'13"E
228.18'
S0
0
°
0
8
'
0
8
"
E
165.00'30.00'
10' UTILITY EASEMENT SEE NOTE #2
10' UTILITY EASEMENT SEE NOTE #2
N65
°
2
4
'
5
1
"
W
67.8
2
'
SE1/16 SEC. 6
S89°58'56"E
1319.63'
N0
0
°
0
8
'
0
8
"
W
45
5
.
9
7
'
N89°58'15"W
FOUND 2-1/2"
BRASS CAP
610-S 1972
1319.50'
CS1/16 SEC. 6
FOUND 2-1/2"
BRASS CAP
610-S 1969
N0
0
°
0
8
'
3
6
"
W
13
2
0
.
7
4
'
1/4
SECTION 6
SECTION 7
FOUND 2-1/2"
GLO BRASS CAP
1937
1319.45'
S6
S7
S5
S8
428.94'
FOUND 2-1/2"
GLO BRASS CAP
1937
S1/16
N0
0
°
0
8
'
0
0
"
W
13
2
0
.
2
6
'
SE
C
T
I
O
N
6
SE
C
T
I
O
N
5
50.00'
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
DELTA
9°38'11"
43°28'46"
10°39'20"
12°04'52"
32°49'26"
19°16'54"
5°17'27"
8°35'55"
28°23'14"
1°01'10"
27°25'20"
16°21'37"
36°59'09"
24°34'22"
RADIUS
330.00'
330.00'
270.00'
370.00'
270.00'
330.00'
330.00'
230.00'
230.00'
430.00'
430.00'
370.00'
170.00'
270.00'
LENGTH
55.50'
250.42'
50.21'
78.02'
154.68'
111.05'
30.47'
34.52'
113.95'
7.65'
205.80'
105.65'
109.74'
115.80'
TANGENT
27.82'
131.59'
25.18'
39.15'
79.53'
56.06'
15.25'
17.29'
58.17'
3.83'
104.91'
53.19'
56.86'
58.80'
CHORD BEARING
N 85° 10' 08" W
N 68° 14' 50" W
S 51° 50' 07" E
N 06° 01' 39" W
N 73° 34' 30" W
N 80° 20' 46" W
N 68° 03' 35" W
N 61° 06' 54" W
N 42° 37' 20" W
N 27° 55' 08" W
N 13° 41' 53" W
S 20° 14' 54" E
S 46° 55' 17" E
S 77° 42' 02" E
CHORD LENGTH
55.44'
244.46'
50.14'
77.87'
152.57'
110.53'
30.46'
34.48'
112.79'
7.65'
203.84'
105.29'
107.84'
114.91'
Book No. :Scale: 1" = 60'22-04Date :JAN 2023
KPB File No.2023-xxx
Drawn by :JAH
Project No.222002
ENGINEERING - TESTING
SURVEYING - MAPPING
P.O. BOX 468
SOLDOTNA, AK. 99669
VOICE: (907) 283-4218
FAX: (907) 283-3265
WWW.MCLANECG.COM
STRAWBERRY HILL ESTATES 2023 ADDITION
16.466 AC. M/L SITUATED IN THE SE1/4 OF SECTION 6, TOWNSHIP 5
NORTH, RANGE 10 WEST, SEWARD MERIDIAN, AK, THE CITY OF KENAI,
KENAI PENINSULA BOROUGH AND THE KENAI RECORDING DISTRICT.
DAVID BUNTS
PO BOX 226
STERLING, AK 99672
Plat #
Time M
Rec Dist
Date 20
CERTIFICATE OF OWNERSHIP AND DEDICATION
FOR:
ACKNOWLEDGED BEFORE ME THIS
_______ DAY OF ________________, 2023
MY COMMISSION EXPIRES :_____________
____________________________________
NOTARY PUBLIC FOR THE
STATE OF ALASKA
NOTARY'S ACKNOWLEDGEMENT
1. WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS SHALL BE
PERMITTED ONLY IN CONFORMANCE WITH APPLICABLE
REQUIREMENTS OF 18 AAC 72 AND 18 AAC 80.
2. THE FRONT 10 FEET ADJOINING DEDICATED RIGHTS-OF-WAY IS
ALSO A UTILITY EASEMENT HEREBY GRANTED.
3. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED
WITHIN AN EASEMENT WHICH WOULD INTERFERE WITH THE
ABILITY OF A UTILITY TO USE THE EASEMENT.
4. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14
ZONING CODE REQUIREMENTS.
5. FURTHER DEVELOPMENT OF THE PROPERTY SHALL CONFORM TO
ALL FEDERAL, STATE OF ALASKA AND LOCAL REGULATIONS.
6. NO DIRECT ACCESS TO STATE MAINTAINED RIGHTS-OF-WAY
PERMITTED UNLESS APPROVED BY STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.
7. THIS PARCEL MAY BE AFFECTED BY AN ELECTRIC EASEMENT
GRANTED TO HOMER ELECTRIC ASSOCIATION ON JUNE 5, 1968 IN
MISC. BOOK 31, PAGE 124, KRD, LOCATION NOT DEFINED.
DAVID BUNTS
PO BOX 226, STERLING, AK 99672
JAMES A. HALL
85032-S
PLAT APPROVAL
AUTHORIZED OFFICIAL
THIS PLAT WAS APPROVED BY THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION AT THE MEETING
OF , 2023.
NOTES
1 inch =
GRAPHIC SCALE
0 60
60 ft.
12030
WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE REAL
PROPERTY SHOWN AND DESCRIBED HEREON AND WE HEREBY ADOPT
THIS PLAN OF SUBDIVISION AND BY OUR FREE CONSENT DEDICATE
ALL RIGHTS-OF-WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT
ALL EASEMENTS TO THE USE SHOWN.
LEGEND
FOUND PRIMARY MONUMENT AS DESCRIBED
SET 5/8"x30" REBAR w/ 1" STAINLESS
STEEL CAP 85032-S
FOUND 1/2" REBAR
SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER
(S1/2 SE1/4) LYING EAST OF THE KENAI SPUR HIGHWAY, SECTION 6,
TOWNSHIP 5 NORTH, RANGE 10 WEST, SEWARD MERIDIAN, ALASKA
EXCEPTING PLAT No. 73-6, 83-284, 75-24, 78-87, 72-63, 89-9, 84-111,
WARRANTY DEED BOOK 79, PAGE 314 KENAI RECORDING DISTRICT
AND ANY PORTION LYING WITHIN THE RIGHTS-OF-WAY OF ANY AND
ALL PUBLIC OR PRIVATE ROADS AND HIGHWAYS.
TRACEY BUNTS
PO BOX 226, STERLING, AK 99672
DAVID & TRACEY BUNTS
TRACEY BUNTS
PO BOX 226
STERLING, AK 99672
Scale 1" = 1 Mile
VICINITY MAP
THIS
SUBD.
T5N
R1
1
W
R1
0
W
K
E
N
A
I
S
P
U
R
H
W
Y
17
8
16
97
18
12
13
6
KEN
A
I
R
I
V
E
R
CI
T
Y
L
I
M
I
T
S
KENAI T6N
5 41
36 31 32 33
CERTIFICATE OF ACCEPTANCE
CITY MANAGER, CITY OF KENAI
THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO ACCEPT AND
HEREBY ACCEPTS ON BEHALF OF THE CITY OF KENAI FOR PUBLIC PURPOSES THE REAL PROPERTY
TO BE DEDICATED BY THIS PLAT INCLUDING EASEMENTS, RIGHTS-OF-WAY (WORTHAM AVE,
STRAWBERRY RD), ALLEYS, AND OTHER PUBLIC AREAS SHOWN ON THIS PLAT. THE ACCEPTANCE
OF LANDS FOR PUBLIC USE OR PUBLIC PURPOSE DOES NOT OBLIGATE THE PUBLIC OR ANY
GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS.
BY:
DATE
WASTEWATER DISPOSAL
SOIL CONDITIONS, WATER TABLE LEVELS, AND SOIL SLOPES IN THIS SUBDIVISION
HAVE BEEN FOUND SUITABLE FOR CONVENTIONAL ONSITE WASTEWATER
TREATMENT AND DISPOSAL SYSTEMS SERVING SINGLE-FAMILY OR DUPLEX
RESIDENCES AND MEETING THE REGULATORY REQUIREMENTS OF THE KENAI
PENINSULA BOROUGH. ANY OTHER TYPE OF ONSITE WASTEWATER TREATMENT
AND DISPOSAL SYSTEM MUST BE DESIGNED BY A PROFESSIONAL ENGINEER,
REGISTERED TO PRACTICE IN ALASKA, AND THE DESIGN MUST BE APPROVED BY
THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
CODY R. McLANE C.E. 11510 AK DATE
CONTOUR INTERVAL = 4'
~------+-------------------tF----------------------------------------~
I
I
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/ I" ---y----,----------,--~---,.-c--"""1
------------------+--
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Page 33
KENAI CITY COUNCIL – SPECIAL MEETING
AUGUST 11, 2023 – 6:00 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
August 11, 2023
MINUTES
A. CALL TO ORDER
A Special Meeting of the Kenai City Council was held on August 11, 2023, in City Hall Council Chambers,
Kenai, AK.
Council Member Knackstedt called the meeting to order at approximately 6:15 p.m. and called for
nominations of a President Pro Tempore.
Council Member Douthit NOMINATED Council Member Knackstedt to the position of President Pro
Tempore. Council Member Winger SECONDED the motion.
Having no additional nominations and hearing no objections, Council Member Knackstedt was elected
President Pro Tempore for the August 11, 2023 special meeting.
[Clerk’s Note: KMC 1.15.010(b) in the absence of the Mayor and Vice Mayor any member of the City Council may
call the meeting to elect a President Pro Tempore. The President Pro Tempore term ends at the arrival of the Mayor
or Vice Mayor, or at the adjournment of the meeting.]
1. Pledge of Allegiance
President Pro Tempore Knackstedt led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Henry Knackstedt, President Pro Tempore Victoria Askin (remote participation)
Teea Winger Deborah Sounart (remote participation)
Alex Douthit
A quorum was present.
Absent:
Brian Gabriel, Mayor
James Baisden, Vice Mayor
Also in attendance were:
Terry Eubank, City Manager
Scott Bloom, City Attorney
David Swarner, Finance Director
Scott Curtin, Public Works Director
Shellie Saner, City Clerk
3. Agenda Approval
MOTION:
Council Member Winger MOVED to approve the agenda. Council Member Douthit SECONDED the
motion.
UNANIMOUS CONSENT was requested.
VOTE: Motion APPROVED; without objection.
Page 34
City of Kenai Council Special Meeting Page 2 of 2
August 11, 2023
B. PUBLIC HEARINGS
1. Resolution No. 2023-50 - Authorizing the Issuance of Utility Revenue Bonds in a Principal
Amount Not to Exceed One Million Two Hundred Thousand Dollars ($1,200,000) to
Finance the Costs of Planning, Designing and Constructing the City’s Water Treatment
Pump House and Related Capital Improvements; and to Submit the Question of Issuance
of Such Bonds to the Qualified Voters of the City of Kenai at the General Election in and
for the City of Kenai on October 3, 2023. (Administration)
MOTION:
Council Member Winger MOVED to adopt Resolution No. 2023-50. Council Member Douthit SECONDED
the motion.
It was reported that the Federal Infrastructure Bill provided billions of dollars for water and sewer projects
nationally through a revolving loan fund; unique to this revolving loan fund is 100-percent forgiveness,
which presented more like a grant; being title a loan made it problematic for the City as it could trigger
the debt provisions of code requiring a ballot question to be submitted to the eligible voters of the City.
City Staff, State and Federal Officials worked together on amendments to the loan documents that made
it clear that the City would not be incurring any debt; an opinion was received from the City’s bond attorney
that voter authorization was not necessary with the amendments to the documents; and the
Administration was requesting Resolution 2023-50 be postponed indefinitely.
President Pro Tempore Knackstedt opened the floor for public comment. There being no one wishing to
be heard, the public comment period was closed.
There was discussion regarding meeting all of the requirements for 100 percent reimbursement; concerns
were stated regarding the possibility of not receiving full reimbursement.
It was clarified that the City would delay three projects; funding for those three projects would be used
for the City’s Water Treatment Pumphouse and no debt would be incurred.
MOTION:
Council Member Winger MOVED to postpone indefinitely Resolution No. 2023-50. Council Member
Douthit SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to postpone indefinitely.
VOTE: Motion APPROVED; without objection.
C. PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30 minutes
aggregated) - None.
D. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 6:38 p.m.
I certify the above represents accurate minutes of the Kenai City Council Special meeting of August 11,
2023.
___________________________________
Michelle M. Saner, MMC
City Clerk
Page 35
KENAI CITY COUNCIL – REGULAR MEETING
AUGUST 16, 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 6
August 16, 2023
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on August 16, 2023, in City Hall Council Chambers,
Kenai, AK. Vice Mayor Baisden called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Vice Mayor Baisden led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
James Baisden, Vice Mayor Henry Knackstedt
Teea Winger Deborah Sounart
Alex Douthit Victoria Askin
A quorum was present.
Absent:
Brian Gabriel, Mayor
Also in attendance were:
Terry Eubank, City Manager
Scott Bloom, City Attorney
David Swarner, Finance Director
Scott Curtin, Public Works Director
Dave Ross, Police Chief
Linda Mitchell, Planning Director
Shellie Saner, City Clerk
3. Agenda Approval
MOTION:
Council Member Knackstedt MOVED to approve the agenda and consent agenda. Council Member
Winger SECONDED the motion.
The items on the Consent Agenda were read into the record.
Vice Mayor Baisden opened the floor for public comment on consent agenda items; there being no one
wishing to be heard, the public comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and
will be approved by one motion. There will be no separate discussion of these items unless a council
member so requests, in which case the item will be removed from the consent agenda and considered
in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED ADMINISTRATIVE REPORTS - None.
Page 36
City of Kenai Council Meeting Page 2 of 6
August 16, 2023
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS
Marion Nelson addressed the Council regarding the upcoming Annual Harvest Auction; noted that they
were still accepting donations for the outcry and silent auction; and although most donations were art they
accepted other items as well.
E. PUBLIC HEARINGS
1. Ordinance No. 3365-2023 - Increasing Estimated FY2023 Revenues and Appropriations
in the General Fund - Police Department and Accepting a Grant from the Alaska High
Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures.
(Administration)
MOTION:
Council Member Askin MOVED to enact Ordinance No. 3365-2023. Council Member Douthit
SECONDED the motion.
Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the
public comment period was closed.
It was reported that the Police Department participates in the regional drug task force; certain overtime
worked in conjunction with the task force was reimbursable; and this would accept those funds.
VOTE:
YEA: Baisden, Askin, Winger, Sounart, Knackstedt, Douthit
NAY: None
ABSENT: Gabriel
MOTION PASSED; without objection.
2. Ordinance No. 3366-2023 - Increasing Estimated Revenues and Appropriations in the
General Fund - Planning Department to Complete Rezoning of the Kenai Waterfront Area
as Identified in the 2022 Kenai Waterfront Revitalization Assessment. (Knackstedt)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3366-2023. Council Member Winger
SECONDED the motion.
Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the
public comment period was closed.
It was reported that the Waterfront Revitalization Assessment was completed last fall and it seemed to
have a positive public opinion; there is new development taking place in the area, so this appears to be
the appropriate time to begin the rezone of the area.
There was discussion regarding the rezone embracing the existing uses in the area and encourage new
types of use; existing non-conforming uses would be grandfathered in; when a grandfathered use
stopped for more than twelve-months it would be required to meet certain criteria before resuming; and
if a grandfather used were to change to similar use, the new use would need to meet specific criteria and
a determination would be made by the Planning Commission.
VOTE:
YEA: Askin, Winger, Sounart, Knackstedt, Douthit, Baisden
NAY: None
ABSENT: Gabriel
MOTION PASSED; without objection.
Page 37
City of Kenai Council Meeting Page 3 of 6
August 16, 2023
3. Ordinance No. 3367-2023 - Increasing Estimated Revenues and Appropriations in the
General Fund - Street Department for Award of a Contract to Replace Public Sidewalk at
815 Frontage Road. (Administration)
MOTION:
Council Member Askin MOVED to enact Ordinance No. 3367-2023. Council Member Winger
SECONDED the motion.
Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the
public comment period was closed.
There was discussion regarding this project being unique and falling under the threshold that required an
engineering estimate; this project received no bids in 2022; there was only the one bid this year; grant
funding was applied for; and the city would continue pursuing grant funding for similar type projects
throughout the City.
VOTE:
YEA: Winger, Sounart, Knackstedt, Douthit, Baisden, Askin
NAY: None
ABSENT: Gabriel
MOTION PASSED; without objection.
4. Resolution No. 2023-51 - Approving an Amendment to the Lease for a Portion of Lot 3,
Block 17, Original Townsite of Kenai Between the City of Kenai and Peninsula Art Guild,
Inc. to Accommodate an Existing and Proposed New Shed. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2023-51. Council Member Askin
SECONDED the motion.
Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the
public comment period was closed.
There was discussion regarding the existing shed and ground work being very nice; and the new shed
and ground work would be similar and a good addition.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
5. Resolution No. 2023-52 - Authorizing a Contract Award and Corresponding Purchase
Order for the Cemetery Phase 2 Fencing Project. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2023-52. Council Member Sounart
SECONDED the motion.
Vice Mayor Baisden opened the floor for public comment. There being no one wishing to be heard, the
public comment period was closed.
There was discussion regarding the fencing selected complimented the existing cemetery fence; the
engineering estimate was $2000 more than the bid; the creek side would be left open to accommodate
the wildlife traffic in the area; questions as to why the fencing was not being installed on the full parameter;
the proximity of a private home on an adjoining lot with a well; the number of plots that are yet to be
developed; areas that were designated for future columbarium’s; and landscaping plans.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
Page 38
City of Kenai Council Meeting Page 4 of 6
August 16, 2023
F. MINUTES
1. *Regular Meeting of August 2, 2023. (City Clerk)
G. UNFINISHED BUSINESS - None.
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval - Recommending the Kenai Peninsula Borough Assembly Appoint Kenai City
Clerk, Shellie Saner to the Kenai Peninsula Borough Voter Turnout Working Group. (Gabriel)
Approved by the consent agenda.
3. *Ordinance No. 3368-2023 - Increasing Estimated Revenues and Appropriations in the Airport
Special Revenue and Airport Operations Facility Capital Funds to Provide Supplemental Funding
for the Kenai Municipal Airport Operations Facility Boiler and HVAC Controls Replacement
Project. (Administration)
Introduced by the consent agenda and Public Hearing set for September 6, 2023.
4. Action/Approval - Approving Official Bond Amounts for City Manager, City Clerk and Finance
Director. (Administration)
MOTION:
Council Member Knackstedt MOVED to approve $100,000 as the prescribed bonding amount for the City
Manager, City Clerk and Finance Director Positions for FY2024.Council Member Winger SECONDED
the motion.
It was reported that this is a requirement of the Charter for the City Manager, Finance Director and City
Clerk; and the City’s general liability insurance covers all employees for dishonesty up to 1.5 million
dollars.
UNANIMOUS CONSENT was requested on the motion.
VOTE: Motion APPROVED; without objection.
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
Council Member Sounart reported on the August 10, 2023 Work Session, next meeting September 14,
2023.
2. Airport Commission
No report, next meeting September 14, 2023.
3. Harbor Commission
No quorum present, next meeting September 11, 2023.
4. Parks and Recreation Commission
No report, next meeting September 7, 2023.
5. Planning and Zoning Commission
No report, next meeting August 23, 2023.
Page 39
City of Kenai Council Meeting Page 5 of 6
August 16, 2023
6. Beautification Committee
No report, next meeting September 12, 2023.
J. REPORT OF THE MAYOR
Vice Mayor Baisden reported on the following:
• The Triumvirate Theater Ground Breaking scheduled for August 19, 2023.
• Thank you to all of the individuals who filed for elective office.
K. ADMINISTRATION REPORTS
1. City Manager – City Manager Eubank reported on the following:
• Meeting with the Boys and Girls Club and the Evan’s to discuss the Right-of-Way agreement.
• Two candidates were selected for second interviews for the Airport Manager position.
• Legislation coming forward to authorize the City Manager to apply for the Drinking Water Loan.
• Utility work on Bridge Access was being done by Enstar.
• Tentative schedule for the Bluff Stabilization Project signing is October 13, 2023.
2. City Attorney – No report.
3. City Clerk – City Clerk Saner reported on the following:
• Candidate filing period closed August 15, 2023; ballot order has been submitted.
• Student Representative applications should be distributed in the schools on August 18, 2023.
• Accepted an invitation to speak at the September 10, 2023 Kenai Historical Society meeting
regarding the ongoing projects to preserve the history of the Kenai Municipal Cemetery.
L. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None.
2. Council Comments
Council Member Douthit said he was excited to see the interests in running for City Council and noted
he would be moving in to his new business facility by the end of the week.
Council Member Sounart welcomed Finance Director Swarner and hoped everyone’s gardens were doing
well with the weather conditions this year.
Council Member Askin wished all of the election candidates well.
Council Member Winger thanked everyone for the great discussion; noted the mid-month report indicating
that 48-acres were mitigated thanks to the slash site; the construction on Willow Street should be starting
soon; and hoped everyone had a great first day at school.
Council Member Knackstedt recognized candidate Phil Daniel in the audience and noted he would be
getting busy on his campaign.
M. EXECUTIVE SESSION - None.
N. PENDING ITEMS
1. Resolution No. 2023-49 - Declaring the Rights-of-Way of Char Circle as Dedicated on Park View
Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149) and a
Page 40
City of Kenai Council Meeting Page 6 of 6
August 16, 2023
Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79-156) are No
Longer Needed for a Public Purpose and Consenting to Vacation of the Rights-of-Way.
(Administration) [At the 08/02/23 meeting, this item was postponed to 09/06/23.]
O. ADJOURNMENT
P. INFORMATIONAL ITEMS - None.
There being no further business before the Council, the meeting was adjourned at 6:59 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of August 16, 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 41
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
RESOLUTION NO. 2023-49
A RESOLUTION DECLARING THE RIGHTS-OF-WAY OF CHAR CIRCLE AS DEDICATED ON PARK
VIEW SUBDIVISION (PLAT NO. KN 79-156) AND CITY PARK SUBDIVISION NO. 2 (PLAT NO. KN
2007-149) AND A PORTION OF S. SPRUCE STREET AS DEDICATION ON PARK VIEW SUBDIVISION
(PLAT NO. KN 79-156) ARE NO LONGER NEEDED FOR A PUBLIC PURPOSE AND CONSENTING
TO VACATION OF THE RIGHTS-OF-WAY.
WHEREAS, the City received a preliminary plat from McLane Consulting, Inc., on behalf of the Boys &
Girls Club of the Kenai Peninsula for a parcel merger with rights-of-way vacations for Char Circle and a
portion of S. Spruce Street; and,
WHEREAS, on July 26, 2023, the Planning and Zoning Commission passed Resolution PZ2023-13
recommending that Kenai Peninsula Borough Planning Commission approve the preliminary plat for City
Park 2023 Replat with vacation of Char Circle and exclude the portion of S. Spruce Street; and,
WHEREAS, the total area of the right-of-way vacations is approximately 0.719-acre as shown in Exhibit
A; and,
WHEREAS, Kenai Municipal Code Section 22.05.110, Determination as to need for public purpose,
states City Council will determine whether rights-of way is needed for a public purpose by resolution; and,
WHEREAS, the Boys & Girls Club of the Kenai Peninsula has stated the request for the right-of-way
vacations is to enable them to maximize development as presented in Ordinance 3287-2022 for facilities
for youth sports, recreation, education, after school care and other youth activities; and,
WHEREAS, the right-of -way vacations of Char Circle and a portion of S. Spruce Street will not negatively
affect public access; and,
WHEREAS, it is determined that Char Circle and a portion of S. Spruce Street as identified in Exhibit A
are no longer needed for a public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That Char Circle as dedicated on Park View Subdivision (Plat No. KN 79-156) and City
Park Subdivision No. 2 (Plat No. KN 2007-149) and a portion of S. Spruce Street as dedicated on Park
View Subdivision (Plat No. KN 79-156) are no longer needed for a public purpose and consenting to
vacation of the rights-of -way as identified in Exhibit A.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6TH DAY OF SEPTEMBER, 2023.
__________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Page 42
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: July 25, 2023
SUBJECT: Resolution 2023-49 – Consenting to the Right-of-Way Vacations of Char
Circle as Dedicated on Park View Subdivision (Plat No. KN 79-156) and
City Park Subdivision No. 2 (Plat No. KN 2007-149) and a Portion of S.
Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79-
156).
On July 26, 2023, the Planning and Zoning Commission passed Resolution PZ2023-13
recommending the approval of the City Park 2023 Replat subject to the following condition: 1.
Kenai City Council must consent to the right-of-way (ROW) vacations of Char Circle and a portion
of S. Spruce Street are not needed for a public purpose and approve the ROW vacations as
shown on the proposed preliminary plat. The total area of the ROW vacations is approximately
0.719 acre.
As noted in the applicant’s letter of intent, the ROW vacations will not impact the public travel and
will accommodate private access to an adjacent parcel to the south. In addition, the pending
improvements include a new commercial kitchen, multi-purpose field, a 10,000 square foot
clubhouse, and a building expansion for early education center to be opened in 2024.
In accordance with Alaska Statutes § 29.40.140(b), no vacation of a City right-of-way and/or
easement may be made without consent of the City Council. Furthermore, Kenai Municipal Code
Section 22.05.110 states City Council will determined the reason of the land to include but not
limited to rights-of way or easement is no longer needed for a public purpose by resolution. This
resolution will consent to the right-of-way vacations of Char Circle and a portion of S. Spruce
Street.
Thank you for your consideration.
Attachments
Exhibit A – Preliminary Plat, City Park 2023 Replat
Aerial Map
Applicant’s Letter of Intent
Resolution PZ2023-13
Park View Subdivision (Plat No. KN 79-156)
City Park Subdivision No. 2 (Plat No. KN 2007-149)
City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city
Page 43
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: July 28, 2023
SUBJECT: Resolution 2023-49 Planning and Zoning Commission Recommended
Amendment
At the regularly scheduled Planning and Zoning Commission meeting of July 26, 2023, the
Commission unanimously voted to recommend that the City Council approved the right-of-way
vacation of Char Circle and exclude the portion of S. Spruce Street.
If the City Council agrees with the recommendation of the Planning and Zoning Commission the
following amendment to Resolution 2023-49 is in order.
Motion
Thank you for your consideration.
• Amend the Title to read:
“A RESOLUTION DECLARING THE RIGHTS-OF-WAY OF CHAR CIRCLE AS DEDICATED
ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) AND CITY PARK SUBDIVISION NO.
2 (PLAT NO. KN 2007-149) [AND A PORTION OF S. SPRUCE STREET AS DEDICATION
ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) ARE] IS NO LONGER NEEDED FOR
A PUBLIC PURPOSE AND CONSENTING TO VACATION OF THE RIGHT[S]-OF-WAY.”
• Amend the third Whereas clause to read:
“WHEREAS, the total area of the right of way vacation[S] is approximately [0.719]0.39-acre
of Char Circle as shown in Exhibit A; and,”
• Amend the sixth Whereas clause to read:
“WHEREAS, the right-of-way vacation[S] of Char Circle [AND A PORTION OF S. SPRUCE STREET]
will not negatively affect public access; and,”
• Amend the seventh Whereas clause to read:
“WHEREAS, it is determined that Char Circle [AND A PORTION OF S. SPRUCE STREET] as
identified in Exhibit A [ARE] is no longer needed for a public purpose.”
• Amend Section 1, to read:
“That Char Circle as dedicated on Park View Subdivision (Plat No. KN 79-156) and City Park
Subdivision No. 2 (Plat No. KN 2007-149) [AND A PORTION OF S. SPRUCE STREET AS
DEDICATION DEDICATED ON PARK VIEW SUBDIVISION (PLAT NO. KN 79-156) ARE] is no longer
needed for a public purpose and consenting to vacation of the right[S]-of-way as identified in
Exhibit A.”
K(;NAI
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 44
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7.070 AC - SITUATED IN THE NE1/4 SECTION 6, TOWNSHIP 5 NORTH, RANGE
11 WEST, SEWARD MERIDIAN, CITY OF KENAI, KENAI PENINSULA BOROUGH
AND KENAI RECORDING DISTRICT, ALASKA.
Plat #
Time M
Rec Dist
Date 20
1 inch =
GRAPHIC SCALE
0 50
50 ft.
10025
LEGEND
FOUND 2" ALCAP 4928-S
JAMES A. HALL
85032-S
Scale: 1" = 50'Date :APR 2023
KPB File No.2023-xxx
Drawn by :JAH
Project No.232006
ENGINEERING - TESTING
SURVEYING - MAPPING
P.O. BOX 468
SOLDOTNA, AK. 99669
VOICE: (907) 283-4218
FAX: (907) 283-3265
WWW.MCLANECG.COM
CITY PARK SUBDIVISION 2023 REPLAT
BOYS AND GIRLS CLUB OF THE KENAI PENINSULA
OWNER TRACT A KN2007-146
320 S SPRUCE ST, KENAI, AK 99611
A RESUBDIVISION OF TRACT A PARK VIEW SUBDIVISION KN79-156 AND
TRACT A CITY PARK SUBDIVISION No.2 KN2007-146 AND THE
ASSOCIATED R/W VACATION OF CHAR CIRCLE AND S SPRUCE STREET
CERTIFICATE OF OWNERSHIP AND DEDICATION
FOR:
ACKNOWLEDGED BEFORE ME THIS
_______ DAY OF __________________, 2023
MY COMMISSION EXPIRES :________________
_________________________
NOTARY PUBLIC FOR THE
STATE OF ALASKA
NOTARY'S ACKNOWLEDGEMENT
1. WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS SHALL BE
PERMITTED ONLY IN CONFORMANCE WITH APPLICABLE
REQUIREMENTS OF 18 AAC 72 AND 18 AAC 80.
2. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR
PLACED WITHIN AN EASEMENT WHICH WOULD INTERFERE WITH
THE ABILITY OF A UTILITY TO USE THE EASEMENT.
3. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER 14
ZONING CODE REQUIREMENTS.
4. CITY WATER AND SEWER ARE AVAILABLE TO SERVE THE PARCELS.
5. FURTHER DEVELOPMENT OF THE PROPERTY SHALL CONFORM TO
ALL FEDERAL, STATE OF ALASKA AND LOCAL REGULATIONS.
JEFF DOLIFKA - BOARD PRESIDENT
BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, OWNER TRACT A KN2007-146
320 S SPRUCE ST, KENAI, AK 99611
NOTES
I HEREBY CERTIFY THAT BOYS AND GIRLS CLUB OF THE KENAI PENINSULA IS THE
OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND ON BEHALF
OF BOYS AND GIRLS CLUB OF THE KENAI PENINSULA, I HEREBY ADOPT THIS PLAN OF
SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS-OF-WAY AND
PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN.
WASTEWATER DISPOSAL
PLANS FOR WASTEWATER DISPOSAL THAT MEET
REGULATORY REQUIREMENTS ARE ON FILE AT THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
PLAT APPROVAL
AUTHORIZED OFFICIAL
THIS PLAT WAS APPROVED BY THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION AT THE MEETING
OF , 2023.
FOUND 5/8" REBAR
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BOOK:XX-XX
JEFF DOLIFKA
R/W HEREBY VACATED
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OWNER TRACT A KN79-156
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_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-13
A RESOLUTION RECOMMENDING THAT CITY PARK SUBDIVISION 2023 REPLAT
PRELIMINARY PLAT ATTACHED HERETO BE APPROVED.
PROPERTY ADDRESSES: 320 and 330 S. Spruce Street
LEGAL DESCRIPTIONS: Tract A, Park View Subdivision (Plat No. KN 79-156) and Tract
A, City Park Subdivision No. 2 (Plat No. KN 2007-149)
KPB PARCEL NUMBERS: 04701018, -28
WHEREAS, the City of Kenai received a preliminary plat from McLane Consulting, Inc. on behalf
of the property owner, Boys & Girls Club of the Kenai Peninsula; and,
WHEREAS, the plat meets Kenai Municipal Code (KMC) preliminary plat requirements and
development requirements for the Suburban Residential (RS) and Urban Residential (RU) zoning
districts; and
WHEREAS, the street name is referenced correctly; and,
WHEREAS, the merged parcels will have access via S. Spruce Street, which is a City-maintained
road; and
WHEREAS, City water and sewer lines are available to the proposed parcel; and,
WHEREAS, an installation agreement is not required; and,
WHEREAS, the Planning and Zoning Commission recommends City Council approve the
vacation of Char Circle and exclude the portion of S. Spruce Street; and,
WHEREAS, the Planning and Zoning Commission finds:
1. Pursuant to KMC 14.10.070 Subdivision design standards, the plat conforms to the
minimum street widths, easements are sufficiently provided for utilities, the proposed
subdivision would provide satisfactory and desirable building site, and the on-site water
and sewer system will be subject to the regulatory requirements of the Public Works
Department.
2. Pursuant to KMC 14.24.010 Minimum lot area requirements, the proposed parcel meet
City standards for minimum lot sizes in the subject zoning districts.
X
K~NAI
Page 48
Resolution No. PZ2023-13
Page 2 of 2
3. Pursuant to KMC 14.24.020 General Requirements, the proposed parcel meet City
standards for minimum lot width and utility easements. Compliance with the maximum lot
coverage, maximum height, and setbacks will be reviewed during the building permit
review.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of City Park Subdivision 2023 Replat for a parcel merger
of Tract A, City Park Subdivision No. 2 and Tract A, Park View Subdivision with right-of-way
vacation of Char Circle be approved subject to the following condition.
1. Kenai City Council must consent to the vacation of a City right-of-way is not needed for a
public purpose and approve the vacation of Char Circle and exclude the portion of S.
Spruce Street.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 26th day of July, 2023.
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
Meghan Thibodeau, Deputy City Clerk
Page 49
PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: SEPTEMBER 6, 2023
VENDOR
PERS
PREMERA
HOMER ELECTRIC
INVESTMENTS
VENDOR
DESCRIPTION
PERS
SEPTEMBER PREMIUM
ELECTRIC USAGE
DESCRIPTION
DEPARTMENT
VARIOUS
VARIOUS
VARIOUS
MATURITY DATE
ACCOUNT
LIABILITY
INSURANCE
UTILITIES
AMOUNT
AMOUNT
97,688.64
200,045.18
99,464.28
Effect. Int.
Page 52
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Shellie Saner, City Clerk
DATE: August 21, 2023
SUBJECT: Liquor License Renewal – Kenai Joe’s Taphouse
The following establishment has submitted applications to the Alcohol and Marijuana Control
Office (AMCO) for a renewal of licenses:
Applicant: Kenai Joe’s Taphouse, LLC
D/B/A: Kenai Joe’s Taphouse, LLC
License Type: Beverage Dispensary
License No.: 626
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they
have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to
the liquor license renewal will be forwarded to the ABC Board and the applicants.
Your consideration is appreciated.
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 53
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
July 10, 2023
The City of Kenai & Kenai Peninsula Borough
Via Email: cityclerk@kenai.city; micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us;
jratky@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;
Re: Notice of 2023/2024 Liquor License Renewal Application
License Type: Beverage Dispensary License Number: 626
Licensee: Kenai Joe’s Taphouse, LLC
Doing Business As: Kenai Joe’s Taphouse, LLC
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 54
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit
Approve
Approve
Approve
Approve
Approve
Approve
Approve
Approve
Approve
by Meghan Thibodeau 7/19/2023 10 :09:43 AM (Form Submission)
by Cindy Herr 7/19/2023 10:31 :28 AM (Legal Asst Review)
" No monies owed in traffic fines or restitution to the City of Kenai.
• The task was assigned to Cindy Herr. The due date is : July 28, 2023 5 :00 PM 7/19/2023 10:09:45 AM
by Tina Williamson 7/19/2023 11 :46 :02 AM (Finance Asst Review)
• The task was assigned to Tina Williamson . The due date is: July 28 , 2023 5:00 PM
7/19/2023 10 :09:45 AM
by Jeremy Hamilton 7/19/2023 12 :36:23 PM (Fire Marshall Review)
• The task was assigned to Jeremy Hamilton. The due date is : July 28, 2023 5:00 PM
7/19/2023 10 :09:44 AM
by David Ross 7/21/2023 10 :06 :42 AM (Police Department Review)
• The task was assigned to David Ross . The due date is: July 28 , 2023 5:00 PM 7/19/2023 10:09:45 AM
by Linda Mitchell 7/26/2023 11 :28:53 AM (Lands Review)
• The task was assigned to Linda Mitchell. The due date is: July 28, 2023 5 :00 PM
7/19/2023 10 :09:45 AM
by Linda Mitchell 7/26/2023 11 :29:36 AM (P&Z Department Review)
• The task was assigned to Linda Mitchell. The due date is: August 4, 2023 5 :00 PM
7/26/2023 11 :28:55 AM
by David Swarner 8/10/2023 12:56:24 PM (Finance Review)
• The task was assigned to Lana Metcalf. The due date is : August 4, 2023 5:00 PM
7/26/2023 11 :28:54 AM
• Tabby Smallwood reassigned the task to David Swarner 8/10/2023 12 :43 :04 PM
by Scott Bloom 8/10/2023 2:23 :28 PM (Legal Review)
• The task was assigned to Scott Bloom . The due date is: August 4 , 2023 5:00 PM
7/26/2023 11 :28 :54 AM
by Donald Hendrickson 8/21/2023 4 :32 :09 PM (Building Official Review)
• The task was assigned to Donald Hendrickson. The due date is : July 28, 2023 5 :00 PM
7/19/2023 10 :09:44 AM
Page 55
AMCO License Application
Date
7/7/2023
Establishment Information
License Type
Beverage Dispensary
Licensee
Kenai Joe's Taphouse, LLC
Doing Business As
Kenai Joe's Taphouse, LLC
Premises Address
800 Cook Ave
Contact Information
Contact Licensee
Joseph Gilman
Contact Phone No.
907-953-7004
Additional Contact Information
Name
Phone No.
Documents
File Upload
#626 Complete Renewal w Temp.pdf
LGB Renewal Notice 626 .pdf
City, State
Kenai, AK
Contact Email
jegilman@gmail.com
Email
3.84MB
261 .51KB
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
7/27/2023
Sent via email: cityclerk@kenai.city
Kenai City Hall
City of Kenai
RE: Non-Objection of Application
Dear Ms. Saner,
This serves to advise that the Kenai Peninsula Borough has reviewed the above
referenced application and has no objection.
Should you have any questions, or need additional information, please do not hesitate
to let us know.
Sincerely,
Michele Turner, CMC
Borough Clerk
cc: jegilman@gmail.com;
mailto:amco.localgovernmentonly@alaska.gov
MT/jb
Licensee/Applicant : Kenai Joe's Taphouse, LLC
Business Name : Kenai Joe's Taphouse, LLC
License Type : Beverage Dispensary
License Location : 800 Cook Avenue, Kenai, AK 99611, City of Kenai
License No. : 626
Application Type : License Renewal
Page 60
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Shellie Saner, City Clerk
DATE: August 21, 2023
SUBJECT: Liquor License Transfer of Ownership – Jersey Subs AK
The following establishment has submitted applications to the Alcohol and Marijuana Control
Office (AMCO) for a transfer of license:
Applicant: Jersey Subs AK, LLC
D/B/A: Jersey Subs AK
License Type: Restaurant Eating Place Liquor License & Restaurant Designation Permit
License No.: 5900
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they
have satisf ied all obligations to the City. With the approval of Council, a letter of non-objection to
the transfer of ownership will be forwarded to the ABC Board and the applicants.
Your consideration is appreciated.
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 61
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
July 21, 2023
City of Kenai, Kenai Peninsula Borough
Attn: MULTIPLE
License Type: Restaurant Eating Place License Number: 5900
Licensee: Jersey Subs AK LLC
Doing Business As: Jersey Subs AK
Premises Address: 106 South Willow Suite 3
☐ New Application ☒ Transfer of Ownership Application
☐ Transfer of Location Application ☐ Transfer of Controlling Interest Application
We have received a completed application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by
furnishing the director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If
a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary,
capricious, and unreasonable. To protest the application referenced above, please submit your protest
within 60 days and show proof of service upon the applicant.
AS 04.11.491 – AS 04.11.509 provides that the board will deny a license application if the board finds
that the license is prohibited under as a result of an election conducted under AS 04.11.507.
AS 04.11.420 provides that the board will not issue a license when a local governing body protests an
application on the grounds that the applicant’s proposed licensed premises are in a place within the
local government where a local zoning ordinance prohibits the alcohol establishment, unless the local
government has approved a variance from the local ordinance.
Sincerely,
Joan Wilson Director
amco.localgovernmentonly@alaska.gov
HE '.ATE .
01 ALASKA _--------j
GOVERNOR MICHAEL J. DUNLEAVY
I I
~
~
-
Page 62
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit
Approve
Approve
Approve
Approve
Approve
Approve
Approve
Approve
Approve
by Meghan Thibodeau 7/24/2023 3:30:34 PM (Form Submission)
by David Ross 7/24/2023 3:36:32 PM (Police Department Review)
• The task was assigned to David Ross. The due date is: August 2, 2023 5:00 PM 7/24/2023 3:30:35 PM
by Cindy Herr 7/24/2023 3:47:55 PM (Legal Asst Review)
• No monies owed in restitution or traffic fines .
• The task was assigned to Cindy Herr. The due date is: August 2, 2023 5:00 PM 7/24/2023 3:30:36 PM
by Tina Williamson 7/25/2023 9:11 :47 AM (Finance Asst Review)
• The task was assigned to Tina Williamson. The due date is: August 2, 2023 5:00 PM
7/24/2023 3:30:36 PM
by Linda Mitchell 7/25/2023 2:36:28 PM (Lands Review)
• The task was assigned to Linda Mitchell. The due date is: August 2, 2023 5:00 PM
7/24/2023 3:30:36 PM
by Linda Mitchell 7/25/2023 2:36:40 PM (P&Z Department Review)
• The task was assigned to Linda Mitchell. The due date is: August 3, 2023 5:00 PM
7/25/2023 2:36:29 PM
by Scott Bloom 7/25/2023 2:56:39 PM (Legal Review)
• The task was assigned to Scott Bloom. The due date is: August 3, 2023 5:00 PM 7/25/2023 2:36:29 PM
by Lana Metcalf 7/25/2023 3:32 :08 PM (Finance Review)
• The task was assigned to Lana Metcalf. The due date is: August 3, 2023 5:00 PM 7/25/2023 2:36:29 PM
by Jeremy Hamilton 7/26/2023 6:36 :42 PM (Fire Marshall Review)
• The task was assigned to Jeremy Hamilton. The due date is: August 2, 2023 5:00 PM
7/24/2023 3:30:35 PM
by Donald Hendrickson 8/21/2023 4 :32:22 PM (Building Official Review)
• The task was assigned to Donald Hendrickson . The due date is: August 2, 2023 5:00 PM
7/24/2023 3:30:35 PM
Page 63
AMCO License Application
Date
7/24/2023
Establishment Information
License Type
Restaurant Eating Place Liquor License/Restaurant
Designation Permit
Licensee
Jersey Subs AK LLC
Doing Business As
Jersey Subs AK
Premises Address
106 South Willow Suite 3
Contact Information
Contact Licensee
Oil Uhlin
Contact Phone No.
907-513-1938
Additional Contact Information
Name
Phone No.
Documents
File Upload
5900 AB-01.pdf
5900 AB-02 .pdf
5900 AB-03.pdf
5900 LGB Notice.pdf
City, State
Kenai, AK
Contact Email
jerseysubak@gmail .com
Email
4MB
2.26MB
4.48MB
249.66KB
Page 64
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Michele Turner, CMC
Borough Clerk
Office of the Borough Clerk
8/4/2023
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
Borough Clerk
cc: jerseysubsak@gmail.com;
mailto:amco.localgovernmentonly@alaska.gov
MT/jb
Licensee/Applicant : Jessica Nichole Uhlin
Business Name : Jersey Subs
License Type : Restaurant/Eating Places - Public Convenience
License Location : 106 S. Willow Street, Suite #3, Kenai, AK 99611, City of
Kenai
License No. : 5900
Application Type : Transfer of Owner
Page 76
MEMORANDUM
TO: Mayor Gabriel and Kenai Council Members
FROM: Shellie Saner, City Clerk
DATE: August 30, 2023
SUBJECT: Marijuana License Renewal – Herban Extracts
The following establishment submitted an application to the Alcohol and Marijuana Control Office
(AMCO) for a renewal of marijuana license:
Applicant: Herban Extracts, LLC
D/B/A: Herban Extracts, LLC
License Type: Marijuana Product Manufacturing Facility
License No: 14432
Pursuant to KMC 2.40 a review of City accounts has been completed and the applicant has
satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the
marijuana license renewal will be forwarded to AMCO and applicant.
Your consideration is appreciated.
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 77
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
August 15, 2023
From: marijuana.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov
Licensee: HERBAN EXTRACTS, LLC
DBA: HERBAN EXTRACTS, LLC
VIA email: lisa@ljoutfitters.com
CC: n/a
Local Government: Kenai Peninsula Borough, City of Kenai
Via Email: micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us;
cjackinsky@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jbeauchamp@kpb.us;
cityclerk@kenai.city
Community Council: n/a
Via Email:
CC: n/a
BCC: amco.admin@alaska.gov
Re: Retail Marijuana Store #14432 Combined Renewal Notice
License Number: #14432
License Type: Marijuana Product Manufacturing Facility
Licensee: HERBAN EXTRACTS, LLC
Doing Business As: HERBAN EXTRACTS, LLC
Physical Address: 14927 Kenai Spur
Highway
Kenai, AK 99611
Designated Licensee: Lisa Coates
Phone Number: 907-252-4755
Email Address: lisa@ljoutfitters.com
☒ License Renewal Application ☐ Endorsement Renewal Application
Dear Licensee:
HE STATE
01ALASKA
GOVERNOR MIKE DU LEAVY
Page 78
After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes
of 3 AAC 306.035(c).
Your application will now be sent electronically, in its entirety, to your local government, your community
council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any
non-profit agencies who have requested notification of applications. The local government has 60 days to
protest your application per 3 AAC 306.060.
At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the
authority to approve renewal applications. However, the board is required to consider this application
independently if you have been issued any notices of violation for this license, if your local government
protests this application, or if a public objection to this application is received within 30 days of this notice
under 3 AAC 306.065.
If AMCO staff determines that your application requires independent board consideration for any reason,
you will be sent an email notification regarding your mandatory board appearance. Upon final approval,
your 2023/2024 license will be provided to you during your annual inspection. If our office determines that
an inspection is not necessary, the license will be mailed to you at the mailing address on file for your
establishment.
Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any
questions.
Dear Local Government:
AMCO has received a complete renewal application and/or endorsement renewal application for a
marijuana establishment within your jurisdiction. This notice is required under 3 AAC
306.035(c)(2). Application documents will be sent to you separately via ZendTo.
To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and
the applicant with a clear and concise written statement of reasons for the protest within 60 days of the
date of this notice, and provide AMCO proof of service of the protest upon the applicant.
3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a
marijuana establishment license unless the board finds that a protest by a local government is arbitrary,
capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2)
and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control
Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that
the requirements of the local government have been met before the director issues the license.
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the
authority to approve renewal applications with no protests, objections, or notices of violation. However, if
a timely protest or objection is filed for this application, or if any notices of violation have been issued for
this license, the board will consider the application. In those situations, a temporary license will be issued
pending board consideration.
If you have any questions, please email amco.localgovernmentonly@alaska.gov.
Dear Community Council (Municipality of Anchorage and Mat-Su Borough only)
AMCO has received a complete renewal application for the above listed license within your jurisdiction. This notice
is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo.
•
Page 79
To object to the approval of this application pursuant to 3 AAC 306.065, you must furnish the director and
the applicant with a clear and concise written statement of reasons for the objection within 30 days of the
date of this notice. We recommend that you contact the local government with jurisdiction over the
proposed premises to share objections you may have about the application.
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the
authority to approve renewal applications with no protests, objections, or notices of violation. However, if
a timely protest or objection is filed for this application, or if any notices of violation have been issued for
this license, the board will consider the application independently. In those situations, a temporary license
will be issued pending board consideration.
If you have any questions, please email marijuana.licensing@alaska.gov.
Sincerely,
Joan M. Wilson, Director
907-269-0350
Page 80
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit
Approve
Approve
Approve
Approve
Approve
Approve
Approve
Approve
Approve
by Shellie Saner 8/15/2023 2 :08:56 PM (Form Submission)
by David Ross 8/15/2023 3:37:20 PM (Police Department Review)
• The task was assigned to David Ross. The due date is: August 24, 2023 5:00 PM 8/15/2023 2:08:58 PM
by Tina Williamson 8/15/2023 3 :50:25 PM (Finance Asst Review)
• The task was assigned to Tina Williamson. The due date is: August 24, 2023 5:00 PM
8/15/2023 2:08:59 PM
by Cindy Herr 8/15/2023 5:30:45 PM (Legal Asst Review)
• There are no monies owed in restitution or traffic fines .
• The task was assigned to Cindy Herr. The due date is: August 24, 2023 5:00 PM 8/15/2023 2:08:59 PM
by Linda Mitchell 8/16/2023 6:40:44 PM (Lands Review)
• The task was assigned to Linda Mitchell. The due date is: August 24, 2023 5:00 PM
8/15/2023 2:08:59 PM
by Scott Bloom 8/16/2023 6:43 :04 PM (Legal Review)
• The task was assigned to Scott Bloom. The due date is: August 25, 2023 5:00 PM
8/16/2023 6:40:45 PM
by David Swarner 8/17/2023 4 :50:58 PM (Finance Review)
• The task was assigned to David Swarner. The due date is : August 25, 2023 5 :00 PM
8/16/2023 6:40:45 PM
by Donald Hendrickson 8/21/2023 4 :31 :56 PM (Building Official Review)
• The task was assigned to Donald Hendrickson. The due date is : August 24, 2023 5:00 PM
8/15/2023 2:08:58 PM
by Linda Mitchell 8/23/2023 4:58:08 PM (P&Z Department Review)
• The task was assigned to Linda Mitchell. The due date is: August 25, 2023 5:00 PM
8/16/2023 6:40:45 PM
by Jeremy Hamilton 8/30/2023 2:26:28 PM (Fire Marshall Review)
• The task was assigned to Jeremy Hamilton . The due date is: August 24, 2023 5:00 PM
8/15/2023 2:08:58 PM
Page 81
AMCO License Application
Date
8/15/2023
Establishment Information
License Type
Marijuana Product Manufacturing Facility
Licensee
Herban Extracts, LLC
Doing Business As
Herban Extracts , LLC
Premises Address
14927 Kenai Spur Highway
Contact Information
Contact Licensee
Lisa Coates
Contact Phone No.
907-252-4755
Additional Contact Information
Name
Buddy Crowder
Phone No.
907-398-1694
Documents
File Upload
City, State
Kenai, AK
Contact Email
lissa@ljoutfitters .com
Email
lisa@ljoutfitters .com
#14432 Herban Extracts, LLC Combined MJ Renewal Notice .pdf 2 .52MB
Page 82
5/4/2023 AMCO Recieved
Alcohol and Marij uana Cont rol Office
550 W 7th Avenue, Suit e 1600
Anchor age, AK 99501
marijuana .li censing@alaska .gov
https://www.commerce .alaska.gov/web/amco
Alaska Marijuana Control Board Phone: 907.269.0350
Form MJ-20: 2023-2024 Renewal Application Certifications
Why is this form needed?
Th is r en ew al applicat ion ce rtifications form is re quired fo r all mar ijuana est ablish m ent license re newal ap plicati on s. Each perso n
sig ning an applicat i o n for a m arij uana est ablishment lice nse m ust d e cl are t hat he/sh e has r ead and is fami liar with AS 17.38 an d
3 AAC 306. A p e r so n o t her th an a licensee may n ot have direct or ind irect fi nancial in terest (as defined in 3 AAC 306.0 lS(e)(l)) in
the business fo r w hich a marijua na esta blishment license is issue d, pe r 3 AAC 3 06.0l S(a).
This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in
3 AAC 306.020(b)(2)) before any license renewal application will be considered complete.
Section 1 -Establishment Information
E . f nter tn o r matton or t e 1cen se esta ts m en t, as I ent 1 1e on t f h r d bl" h 'd .fi d e 1cense app 1cat1on . h I' r
Licensee: Herban Extracts, LLC J License Number: J 14432
License Type : Marijuana Product Manufacturing Facility
Doing Business As: Herban Extracts , LLC
Premises Address: 14927 Kenai Spur Highway
City: Kenai I State : I Alaska I ZIP: J99611
Section 2 -I ndividual Information
Enter info rmation for the individu al licen see w ho i s completing this form.
Name: Lisa Coates
Title: Manager/Member
Section 3 -Violations & Charges
Read each line below, and then sign your initials in the box to the right of any applicable statements: Initia ls
I cert ify t hat I ha ve not bee n convict ed of any crimina l ch arge in the pr evi o us tw o ca lenda r years. ~
I certify t hat I have not committ ed any civi l v io lat ion of AS 04, AS 17.38, or 3 AAC 306 in t he previ ous t wo calenda r yea r s. ~
I certify that a n ot ice of violation h as not been issued fo r t h is lic ense bet ween July 1, 2022 an d June 30, 2023. ~
Sign your initials to the following statement only if you are unable to certify one or more of the above statements : In it ials
I have attached a written explanation fo r why I cannot certify o ne or more of t he ab ov e statem ents, w hich inc lud es □
th e type of vio latio n o r offense, as r equir ed under 3 AAC 306.0 3 5(b).
[Form MJ •20] (rev 5/1/2023 ) Page 1 of 2
Page 83
5/4/2023 AMCO Recieved
Alaska Marijuana Control Board
Form MJ-20: 2023-2024 Renewal Application Certifications
Section 5 -Certifications
Read each line below, and then sign your initials in the box to the right of each statement:
I certify that no person other than a licensee listed on my marijuana establishment license renewal applica tion has a direct
or indirect financial interest, as defined in 3 AAC 306.0l S(e)(l), in the business for which the marijuana establishment
license has been issued.
I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit
(MJ-20a) along with this application.
I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or
other law in the state.
I certify that the license is operated in accordance with the operating plan curren t ly approved by the
Marijuana Control Board.
I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Dev elopment's laws and
requirements pertaining to employees.
I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been
operated in violation of a condition or restriction imposed by the Marijuana Control Board.
Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain
criminal justice information an d a national criminal history record requ ired by AS 17.38.200 and 3 AAC 306.03S(d). If I
have multipl e marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana
licenses being renewed.
If multiple licenses are held, list all license numbers below:
I hereby certify that I am the person herein named and subscribing to this application and that I have read the
complete application, and I know the full content thereof. I declare that al l of the information contained herein, and
evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation
of any item or response in this application, or any attachment, or documents to su pport this application, is sufficient
grounds for denying or revoking a license/permit. I further understand that it is a Class A m isdemeanor under Alaska
Statute 11.56.210 to falsify an application and commit the crime of unsworn fa lsi fication.
Lisa Coates ~ ~
Printed name of licensee S gnature of licensee
Initials
[Form MJ-20) (rev 5/1/2023)
License# 14432
Page2of2
Page 84
5/4/2023 AMCO Recieved
Alcohol and Ma r ijuana Control Office
550 W 7'~ Avenue, Suite 1600
Anchorage, AK 99501
marijuana.licensing@alaska.gov
https://www.commerce.alaska.gov/web/amco
Alaska Marijuana Control Board Phone: 907.269.0350
Form MJ-20: 2023-2024 Renewal Application Certifications
Why is this form needed?
This r enewal application certificat ions form is requ ired for all mar ijua n a es t ablishment license renewa l application s. Each pe rson
signing an application for a marijuana esta blishment license must declare that he/she has read and is familiar with AS 17.38 and
3 AAC 306. A person other t ha n a licensee may not have direct or indirect financi al interest (as defined in 3 AAC 306.0lS(e)(l )) in
th e business for w hich a ma rijuana esta blish ment license is issu ed, p er 3 AAC 306.0lS(a).
This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in
3 AAC 306 .020(b)(2)) before any license renewal application will be considered complete.
Section 1 -Establishment Information
d f h I Enter information for the licensed establishme nt, as i enti ied on t e icen se application.
Licensee: Herban Extracts , LLC I License Number : I 14432
License Type : Marijuana Product Manufacturing Facility
Doing Business As: Herban Extracts, LLC
Premises Address: 14927 Kenai Spur Highway
City: Kenai I State : I Alaska I ZIP: 199611
Section 2 -Individual Information
En ter inform ation for the individual licensee who is completing this form.
I Name: !Buddy Crowder
Member
Section 3 -Violations & Charges
Read each line below, and then sign you r initials in the box to the right of any applicable statements: Initials
I certify that I have not been convicted of any crimina l charge in the previous t wo ca lenda r years. @
I certify that I have not comm itted any civi l vio lation of AS 04, AS 17 .38, or 3 AAC 306 in the previou s two calendar years. @
I certify that a notice of violation h as not been iss ued for this li cense between Ju ly 1, 2022 and June 30, 2023. ~
Sign your Initials to the following statement only if you are unable to certify one or more of the above statements: Initi als
I have attached a written explanation for why I cannot certify o ne or more of the above statements, which inclu des □
t he t ype of violation or offense, as requi red under 3 AAC 306.0 3S(b).
[Form MJ-20) (rev 5/1/2023) Page 1 of 2
Page 85
5/4/2023 AMCO Recieved
Alaska Marijuana Control Board
Form MJ-20: 2023-2024 Renewal Application Certifications
Section 5 -Certifications
Read each line below, and then sign your initials in the box to the right of each statement:
I certify that no person other t han a licensee listed on my marijuana establishment license renewal applicat ion ha s a direct
or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which t he marij uana establishment
license has been issued.
I certify that I meet the residency requirement under AS 43.23 or I have submitted a res id ency excep t ion affidavit
(MJ-20a) along with this application.
I certify that this establishment complies with any applicable hea lth, fire, safety, or tax statute, ordinance, regulation, or
other law in the state.
I certify that the license is oper ated in accordance with the operating plan curr ently approved by the
Marijuana Control Board .
I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and
requirements pertaining to employees.
I certify that I have not vi olated any restrictions pertaining to this particular license type, and that th is license has not been
operated in violation of a condition or restriction imposed by the Marijuana Control Board .
Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO t o ob tain
criminal justice information an d a national criminal h istory record required by AS 17.38.200 and 3 AAC 30 6.03S(d). If I
have multiple marijuana licenses being renewed, I understand one fingerprint card and f ee will suffice for all marijuana
licenses being renewed.
If m ultiple li censes are held, list all license numbers bel ow :
I hereby certify that I am the person herein named and subscribing to th is application and t hat I have r ead the
complete application, and I know the full content thereof. I declare that all of the information contained herein, and
evidence or other documents submitted are true and correct. I understand that any fals ification or misrepresentati on
of any item or response in this application, or any attachment, or documents to support this application , is sufficient
grounds for denying or rev oking a license/permit. I further understand that it is a Class A m isdemea nor under Alas ka
Statute 11.56.210 to falsify an appl ication and commi t the crime of unsworn falsification .
Buddy Crowder
Printed name of licensee
Initials
Rfil
[Form MJ-20) (rev 5/1/2023)
License# 14432
Page2of2
Page 86
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Michele Turner, CMC Borough Clerk
Office of the Borough Clerk
August 22, 2023
Ms. Shellie Saner
City of Kenai Clerk
210 Fidalgo Ave.
Kenai, AK 99611
RE: Non-Objection of Marijuana License Renewal Application
Business Name : Herban Extracts, LLC
License Type : Marijuana Product Manufacturing Facility
License Location : 14927 Kenai Spur Highway, Kenai, AK 99611
License No. : 14432
Dear Ms. Saner,
This serves to advise that the Kenai Peninsula Borough Finance Department has
reviewed the above referenced application and has no objection to this Marijuana
Renewal Application.
Should you have any questions, or need additional information, please do not hesitate
to let us know.
Sincerely,
Michele Turner, CMC
Borough Clerk
cc: lisa@ljoutfitters.com
amco.localgovernmentonly@alaska.gov
MT/JB
Page 87
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Mary Bondurant, Interim Airport Manager
DATE: August 28, 2023
SUBJECT: Action/Approval Special Use Permit for Corvus Airlines, Inc. DBA
Ravn Alaska, LLC for Use of Warm Storage 1
Ravn Alaska is requesting a Special Use Permit for de-icing vehicle storage from October 1, 2023
to April 30, 2024.
The permit is for 1,200 square feet of Warm Storage 1 for overnight heated storage for $1,200 a
month plus applicable sales tax.
Ravn Alaska is current on all fees owed and we have a current Certificate of Insurance on file.
The Special Use Application Fee of $100 has been paid.
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 88
SPECIAL USE PERMIT 2023-2024
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants to CORVUS AIRLINES, INC, d/b/a RAVN ALASKA, LLC (PERMITTEE) the non-
exclusive right to use 1,200 square feet of area as described below:
Tract A FBO Subdivision consisting of approximately 1,200 square feet in an area described as
Warm Storage 1.
and as further shown in the attached Exhibit A.
1. TERM. This special use permit shall be for approximately seven (7) months from October
1, 2023 to April 30, 2024.
2. PERMIT FEES. The Permittee shall be charged a monthly permit fee of $1,200 plus
applicable sales tax.
The Permittee shall pay the City the permit fee by the 10th day of the preceding month.
Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and
delivered to the City Hall, 21 O Fida Igo Avenue, Kenai, Alaska 99611.
In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties
all levies, assessments, and charges as hereinafter provided:
A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable
in monthly installments whether said fee is paid on a monthly or yearly basis;
B. All necessary licenses and permits; all lawful taxes and assessments which, during
the term hereof may become a lien upon or which may be levied by the State,
Borough, City, or by any other tax levying body, upon any taxable possessory right
which Permittee may have in or to the Premises by reason of its use or occupancy
or by reason of the terms of this Permit, provided however, that nothing herein
contained shall prevent Permittee from contesting any increase in such tax or
assessment through procedures provided by law.
C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent
(10%) of any amount of money owed under this Special Use Permit which are not
paid on or before the due date.
D. Costs and expenses incident to this Special Use Permit, including but not limited to
recording costs.
E. Annual Special Use Permit Application fee of $100. 00 plus applicable sales tax.
3. USE. The use by the Permittee of the Premises is limited to the purpose of Stora ge for De-
ice Vehicle. This use is subject to City, Borough, and State laws and regulations and the
Special Use Permit -Ravn Alaska, LLC -2023/2024 Warm Storage Page 1 of 5
Page 90
reasonable administrative actions of the City for the protection and maintenance of the
Premises and of adjacent and contiguous lands or facilities. Use of the Premises is sub ject
to the followin g conditions:
A. Permittee shall use the Premises only for storage of one de-ice vehicle.
B. The premises shall be returned to its current condition prior to the end of the term of
this Special Use Permit.
4 . INSURANCE. Permittee shall secure and keep in force adequate insurance , as stated
below, to protect City and Permittee. Where specific limits are stated, the limits are the
minimum acceptable limits. If Permittee's insurance policy contains higher limits, the City is
entitled to coverage to the extent of the higher limits.
A. Garage Liability or Commercial General Liability Insurance, including Premises, all
operations, property damage, personal injury and death, broad-form contractual,
with a per-occurrence limit of not less than $1,000,000 combined single limit. The
policy must name the City as an additional insured.
B. Worker's Compensation Insurance with coverage for all employees engaged in work
under this Permit or at the Premises as required by AS 23.30.045. Permittee is
further responsible to provide Worker's Compensation Insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined single
limit per occurrence. This insurance must cover all owned, hired, and non-owned
motor vehicles the Permittee uses for snow moving and storage activities to, from ,
or on the Premises . The policy must name the City as an additional insured .
D. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated "A-" or better by
A.M . Best.
ii. Permittee shall submit to the City proof of continuous insurance coverage in
the form of insurance policies, certificates, endorsements , or a combination
thereof, and signed by a person authorized by the insurer to bind coverage
on its behalf.
iii. Permittee shall request a waiver of subrogation against City from Permittee 's
insurer and the waiver of subrogation, where possible, shall be provided at
no cost to City.
iv . Provide the City with notification at least 30 days before any termination,
cancellation, or material change in insurance coverage of any policy required
hereunder.
Special Use Permit -Ravn Alaska, LLC -2023/2024 Warm Storage Page 2 of 5
Page 91
v. Evidence of insurance coverage must be submitted to City by October 1,
2023. The effective date of the insurance shall be no later than October 1,
2024.
vi. This insurance shall be primary and exclusive of any other insurance carried
by the City of Kenai. This insurance shall be without limitation on the time
within which the resulting loss, damage, or injury is actually sustained .
5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully
indemnify, hold harmless , and defend the City of Kenai, its officers, agents, employees, and
volunteers at its own expense from and against any and all actions, damages , costs, liability,
claims, losses, judgments, penalties, including reasonable Attorney's fees of or for liability
for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents
or employees, or any subcontractor under this Permit. The Permittee shall not be required
to defend or indemnify the City for any claims of or liability for any wrongful or negligent act,
error, or omission solely due to the independent negligence of the City. If there is a claim of
or liability for the joint negligence of the Permittee and the independent negligence of the
City, the indemnification and hold harmless obligation shall be apportioned on a comparative
fault basis. Apportionment shall be established upon final determination of the percentage
of fault. If any such determination is by settlement, the percentage of fault attributed to each
party for purposes of this indemnification provision shall only be binding upon the parties
included in the settlement agreement. "Permittee" and "City" as used in this article include
the employees, agents, officers, directors, and other contractors who are directly
responsible, respectively, for each party. The term "independent negligence of the City" is
negligence other than in the City's selection, administration, monitoring, or controlling of the
Permittee.
6 . PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not
permit any liens, including mechanic's, laborer's, construction, supplier's, mining, or any
other liens obtainable or available under existing law, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Permittee or to any
related entity or claimed entity. The Permittee shall have the right to provide a bond as
contemplated by State of Alaska law and contest the validity or amount of any such lien or
claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will
immediately pay any judgment rendered with all proper costs and charges and shall have
such lien released or judgment satisfied at Permittee's own expense.
7 . PERSONAL TY. Permittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit. Personal property placed or
used upon the Premises and not removed upon termination of this Permit will be removed
and/or impounded by the City. Property removed or impounded by the City may be
redeemed by the owner thereof only upon the payment to the City of the costs of removal
plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or
theft of any personal property of Permittee or its customers.
8. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained, or referred to, shall not constitute or be construed
as a waiver or relinquishment of the right to exercise such terms, conditions, or
requirements.
Special Use Permit -Ravn Alaska, LLC -2023/2024 Warm Storage Page 3 of 5
Page 92
9. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving
30 days advance written notice to the other party. The City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety . The
City may also terminate this Permit immediately, or upon notice shorter than 30 days, due
to a failure of Permittee to comply with conditions and terms of this Permit, which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period to correct the violation or breach.
10. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race , color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to enforce
this requirement.
11 . ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of
this Permit, the Premises, or any improvement on the Premises without the written consent
of the City. Unless the City specifically releases the Permittee in writing, the City may hold
the Permittee responsible for performing any obligation under this permit which an assignee
fails to perform.
12 . ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume
all risks incurred in its activities on the Premises and its exercise of the privileges granted in
this Permit.
13 . NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises.
14. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this
Permit shall survive the cancellation, termination, or expiration of this Permit.
15 . AUTHORITY. By signing this Permit, Permittee represents that is has read this agreement
and consents to be bound by the terms and conditions herein and that the person signing
this Permit is duly authorized by the business to bind the business hereunder.
CITY OF KENAI
By:-------------
Terry Eubank
City Manager
Date:
Corvus Airlines, Inc. dba Ravn Alaska, LLC
By:--------------
Dallas Anthony
Director of Airports
Date:
Special Use Permit -Ravn Alaska, LLC -2023/2024 Warm Storage Page 4 of 5
Page 93
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 Dallas Anthony, Director of Airports of Corvus Airlines, Inc. dba Ravn
Alaska, LLC, an Alaska limited liability company , on behalf of the company.
Notary Public for Alaska
My Commission Expires: ________ _
ATTEST:
APPROVED AS TO FORM:
Scott Bloom, City Attorney
Special Use Permit -Ravn Alaska, LLC -2023/2024 Warm Storage Page 5 of 5
Page 94
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: August 29, 2023
SUBJECT: Action/Approval - Consent to Assignment and Assignment and
Assumption of Lease Agreement, of Lot 3, Block 1, General Aviation
Apron No. 1 Amended to Vickie L. Tyler
David K. Lunt, on behalf of Schilling Rentals, LLC submitted an application and application fee
for an Assignment and Assumption of Lease Agreement from Schilling Rentals, LLC, Assignor
to Vickie L. Tyler, Assignee. The applicant notes that the lease assignment is for financing to
erect a hangar. The applicant plans to erect a 6,000 square foot hangar. A map of the parcel is
attached to this memorandum.
The original Lease of Airport Lands was executed by the City of Kenai, Lessor, and Vernon
Lofstedt and Southcentral Air, Inc., Lessee, on August 19, 1985, for Lot 3, Block 1, General
Aviation Apron and recorded on September 4, 1985, in Book 269 at Pages 985-999c. The subject
Lease was initially issued for a “charter operations and operation and maintenance of aircraft
used in scheduled commuter service” and amended to “hangar and office facility, air cargo
services, maintenance and operation of aircraft, including fueling.” Any changes in use would
require a lease amendment. The term of the lease is for 55 years, expiring on June 30, 2040.
The lease has been assigned over the years, and the most recent Assignment and Assumption
of Lease was from SOAR International Ministries, Inc. to Schilling Rentals, LLC, which was
executed and recorded in 2019. The Lessee is in compliance with the terms and conditions of
the lease.
Section D, paragraph 3 of the Lease of Airport Lands stipulates that “Lessee with City’s written
consent, which will not be unreasonably denied, may assign for other than collateral purposes,
in whole or in part, its rights as lessee hereunder.”
If City Council approves the Consent to Assignment and Assumption of Lease Agreement, the
City Manager will be authorized to sign the Consent to Assignment and the Assignment of Lease
may be executed by the parties.
Thank you for your consideration.
Attachments
Aerial Map
Lease Assignment Application
Draft Consent to Assignment and Assignment and Assumption of Lease Agreement
City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city
Page 96
N
Lease Assignment
Lot 3, Block 1 General Aviation Apron
No. 1 Amended
125 FBO Road
KPB Parcel ID: 04324003
Map for Reference Only
NOT A LEGAL DOCUMENT
! 0...........,..., ,1 A. 120 240 480 Feet
K~NAI
Page 97
Consent to Assignment of Lease – Lot 3, Block 1, General Aviation Apron No. 1, Amended Page 1 of 2
CITY OF KENAI
CONSENT TO ASSIGNMENT
The Assignment of that certain Lease of Airport Lands entered into on August 19, 1985,
and recorded in Book 269 at Pages 985-999c, on September 4, 1985, in the Kenai
Recording District, from SCHILLING RENTALS, LLC (hereinafter called “Assignor”),
whose address is P.O. Box 3426, Kenai, AK 99611, to VICKIE L. TYLER (hereinafter
called “Assignee”), whose address is P.O. Box 109, Kenai, AK 99611, covering the
following-described property:
Lot 3, Block 1, GENERAL AVIATION APRON NO. 1, AMENDED,
according to the official plat thereof, filed under Plat No. 2004-20, in
the Kenai Recording District, Third Judicial District, State of Alaska,
is hereby ACKNOWLEDGED AND CONSENTED TO, subject to the same terms and
conditions as contained in the above-described original Lease of Airport Lands, and any
and all amendments thereto.
This Consent is given by the City of Kenai without waiving any right or action, or releasing
the Assignor from any liability or responsibility under the aforementioned Lease, and does
not relieve the Assignee from the condition requiring the City's approval for any
subsequent sublease or assignment.
Dated this ____day of ______________, 2023.
_ __________________________
Terry Eubank, City Manager
Page 100
Consent to Assignment of Lease – Lot 3, Block 1, General Aviation Apron No. 1, Amended Page 2 of 2
ACKNOWLEDGEMENT
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ______ day of _____________, 2023, Terry Eubank,
City Manager of the City of Kenai, Alaska, being personally known to me or having
produced satisfactory evidence of identification, appeared before me and acknowledged
the voluntary and authorized execution of the foregoing instrument on behalf of said City.
_____________________________
Notary Public for Alaska
My Commission Expires: _________
Approved as to form:
_____________________________
Scott Bloom, City Attorney
After Recording, Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Page 101
Assignment of Lease – Lot 3, Block 1, General Aviation Apron No. 1, Amended Page 1 of 2
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
SCHILLING RENTALS, LLC (hereinafter called "Lessee/Assignor"), whose
address is P.O. Box 3426, Kenai, AK 99611, and who is Lessee under that Assignment
and Assumption of Lease Agreement dated September 20, 2019, assigns all of its
respective rights, title, and interests in the Lease to VICKIE L. TYLER, (hereinafter called
"Lessee/Assignee"), whose address is P.O. Box 109, Kenai, AK 99611, subject to all the
conditions and terms contained in the Lease.
The Lease covers property located in the City of Kenai described as:
Lot 3, Block 1, GENERAL AVIATION APRON NO. 1 AMENDED,
according to the official plat thereof, filed under Plat No. 2004-20, in
the Kenai Recording District, Third Judicial District, State of Alaska.
The Lease of Airport Lands was entered into on August 19, 1985, and is
recorded in Book 269 at Pages 985-999c, on September 4, 1985, in the
Kenai Recording District. The Assignment of Lease from the original lessee
to James A. Munson is recorded in Book 462 at Pages 286-287. The
Assignment of Lease to SOAR International Ministries, Inc. is recorded in
Book 578 at Pages 269-272, in the Kenai Recording District. The
Assignment and Assumption of Lease to Schilling Rentals, LLC is recorded
in the Kenai Recording District at Serial No. 2019-010951-0.
Assignee hereby assumes and agrees to perform all duties and obligations required of
Lessee by the Lease and to pay all outstanding liabilities and outstanding obligations that
may be due and owing, or may have been due and owing, prior to the effective date of
this Assignment and Assumption of Lease Agreement.
This Assignment and Assumption of Lease shall be governed by and construed in
accordance with the laws of the State of Alaska.
ASSIGNOR:
SCHILLING RENTALS, LLC
By: _________________________
Michael K. Schilling
SCHILLING RENTALS, LLC
Page 102
Assignment of Lease – Lot 3, Block 1, General Aviation Apron No. 1, Amended Page 2 of 2
ASSIGNEE:
VICKIE L. TYLER
By: _________________________
Vickie L. Tyler
ACKNOWLEDGEMENTS
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____ day of ________, 2023,
by, ____________________________, (Name), ________________(Title) of
SCHILLING RENTALS, LLC, an Alaska Limited Liability Company, on behalf of the
company.
_____________________________
Notary Public for Alaska
My Commission Expires: _________
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____ day of ________, 2023,
by, ____________________________, (Name), _____________________(Title).
_____________________________
Notary Public for Alaska
My Commission Expires: _________
-
Page 103
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3370-2023
AN ORDINANCE ACCEPTING AND APPROPRIATING FISCAL YEAR 2023 FUNDS FROM THE SIGN
RESEARCH FOUNDATION FOR THE SIGN RESEARCH FOUNDATION SCHOLARSHIP PROGRAM.
WHEREAS, the Planning and Zoning Department received a Sign Research Foundation Scholarship,
which included a free entry to the International Sign Association (ISA) Sign Expo 2023, guided tours of
the tradeshow, full-day Planning for Sign Code Success™ workshop, a two-night hotel stay, and a
$250.00 stipend toward travel costs upon completion of the scholarship program; and,
WHEREAS, the funds will be used to reimburse travel costs related to the Planning Director’s attendance
at the Sign Research Foundation Scholarship Program during the ISA Sign Expo 2023; and,
WHEREAS, it is in the best interest of the City of Kenai to appropriate the scholarship stipend 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 the scholarship stipend 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 –
Miscellaneous Revenue – Planning & Zoning $ 250.00
Increase Appropriations –
Planning & Zoning – Transportation $ 250.00
Section 3. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
Page 104
Ordinance No. 3370-2023
Page 2 of 2
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF SEPTEMBER,
2023.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: September 6, 2023
Enacted: September 20, 2023
Effective: September 20, 2023
Page 105
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: August 29, 2023
SUBJECT: Ordinance No. 3370-2023 – Sign Research Foundation Scholarship
Stipend
The Planning and Zoning Department received a Sign Research Foundation Scholarship, which
included a free entry to the International Sign Association (ISA) Sign Expo 2023, guided tours of
the tradeshow, full-day Planning for Sign Code Success™ workshop, a two-night hotel stay, and
a $250.00 stipend toward travel costs upon completion of the scholarship program. The program
provided the opportunity for high-level collaboration between top tier academics and diverse
practitioners with an interest in the regulation, conspicuity, design, placement, and effectiveness
of sign systems and visual communication elements in an urban environment. The $250
scholarship stipend can be spent on travel and lodging expenses for attendance of the program.
The purpose of this ordinance is to accept and appropriate a scholarship stipend of $250 for travel
reimbursement on completion of the scholarship program.
Thank you for your consideration.
Page 106
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: August 31, 2023
SUBJECT: Marijuana Walk/Drive Up Regulations
During “the Covid Era” the state temporarily allowed retail marijuana establishments to provide
walk/ drive up locations for customers so they did not have to enter the establishments. The State
has recently made the walk/ drive up regulations allowing this activity permanent, with a municipal
option to prohibit or further regulate. Administration wants to make Council aware of this State
action for Council discussion whether it is something the City wants to regulate. This information
was also taken to the Planning and Zoning Commission, which requested a moratorium to allow
more time to look into the issue.
Page 107
1
Shellie Saner
From:AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov>
Sent:Thursday, August 10, 2023 12:19 PM
Cc:Sawyer, Jane Preston (CED); Craig, Carrie D (CED); CED AMCO Enforcement (CED sponsored)
Subject:Marijuana retail walk-up/drive through exterior window pick-up
Attachments:ExteriorWindowPickup.pdf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
The Lt. Governor’s office has filed the regulaƟons of the Alcohol and Marijuana Control Office
(AMCO) that allows for exterior walk‐up and drive through window pick‐up at marijuana retail
establishments. The changes to regulaƟons are found in 3 AAC 306.005; 306.300 ‐ .310;
306.350; 306.380; and 306.995 (aƩached).
3 AAC 306.380(a) states that “Unless prohibited by local law, a licensed retail marijuana store
may serve a consumer through a walk‐up or drive‐through exterior window in compliance with
the requirements of this secƟon.”
This is your noƟce that local governments may pass an ordinance to prohibit or restrict this
acƟvity. If your Council or Assembly do pass such an ordinance, please forward it to us at
AMCO.
ExisƟng licensed retailers who apply for an exterior pick‐up window will need to fill out a
new form with AMCO (MJ‐31) and must have it approved by the local governing body.
New retail applicants who apply for a license and want to include an exterior pick‐up
window will include it in their premises diagram as well as their security and operaƟng
plan on the updated MJ‐02 and MJ‐03 form respecƟvely.
Please contact our office if you have any quesƟons.
Gabriel Gonzales
Local Government Specialist
DCCED - Alcohol and Marijuana Control Office
550 W. 7th Avenue, Suite 1600
Anchorage, AK 99501
(907) 334-2195
gabriel.gonzales@alaska.gov
Page 108
To: The Honorable Nancy Dahlstrom
Our file: 2022200505
July 13, 2023
Page 2 of 2
The October 25, 2022, public notice, January 19, 2023, supplemental public
notice, and the June 13, 2023, certification order all state that this action is not expected
to require an increased appropriation. Therefore, a fiscal note under AS 44.62.195 is not
required.
We have made some technical corrections in accordance with AS 44.62.060. The
corrections are shown on the attached copy of the regulations.
RCP:kmd
CC w/enclosure:
Sincerely
1REGR. TAYLOR
ATTORNEY GENERAL
By:
Rebecca C Digitally signed _by
• Rebecca C , Pohzzotto
Polizzotto Date; 2023.07.13
13;44;18 -08'00'
Rebecca C. Polizzotto
Chief Assistant Attorney General
Legislation, Regulations, and
Legislative Research Section
Joan Wilson, Executive Director AMCO
Department of Commerce, Community, and Economic
Development
Kevin Higgins, Sr. Assistant Attorney General
Department of Law
Kevin Dilg, Assistant Attorney General
Department of Law
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Register 1L-\½ , OCl~V),(,v 2023 COMMERCE, COMMUNITY, AND EC. DEV.
3 AAC 306.005(1) is amended to read:
(1) a retail marijuana store license, granting authority for activities allowed under
AS 17.38.070(a), and subject to the provisions of3 AAC 306.300 -3 AAC 306.380 [3 AAC
306.300 - 3 AAC 306.370] and 3 AAC 306.700 - 3 AAC 306.770;
(Eff. 2/21/2016, Register 217; am 10/17/2018, Register 228; am 9/1/2021, Register 239; am
_j_;J1_j 'lo'l~ . Register 1.fu
Authority: AS 17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
3 AAC 306.305(a)(l) is amended to read:
AS 17.38.200
AS 17.38.900
(1) sell marijuana purchased from a licensed marijuana cultivation facility,
packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.470, and 3 AAC 306.475 in
an amount not exceeding the limit set out in 3 AAC 306.355, to an individual on the licensed
premises or as permitted under 3 AAC 306.380 [3 AAC 306.995] for consumption off the
licensed premises;
3 AAC 306.305(a)(2) is amended to read:
(2) sell a marijuana product purchased from a licensed marijuana product
manufacturing facility, packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.565,
and 3 AAC 306.570, in a quantity not exceeding the limit set out in 3 AAC 306.355, to an
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Register V-t ".\" , Ov~W.y 2023 COMMERCE, COMMUNITY, AND EC. DEV .
individual on the licensed premises or as permitted under 3 AAC 306.380 [3 AAC 306.995] for
consumption off the licensed premises;
(Eff. 2/21/2016, Register 217; em am 4/17/2020 -8/14/2020, Register 234; am l l /24/2020,
Register 23 6 · am _!___1 Ji_! 'lo z; , Registe r 1ft_)
Authority: AS 17.38.010 AS 17.38.150 AS 17.38.200
AS 17.38.070
AS 17.38.121
3 AAC 306.31 0(a)(5) is repealed:
AS 17.38.190
( 5) repealed __!_; _J.z.._/ toi?
AS 17.38.900
(Eff. 2/21/2016, Register 217; am 4/11/2019, Register 230; em am 4/17/2020 -8/14/2020,
Reg ist er 234; am I .I /24/2020 Reg ist er 236 ; am ~ __f±_j Zo1:; , Reg is ter ~
Authority: AS 17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
3 AAC 306.315(a)(2)(A) is amended to read:
AS 17.38.200
AS 17.38.900
(A) each applicable provision of 3 A AC 306.300 -3 AA C 306.380 [3 AAC
306.300 - 3 AAC 306.370] and 3 AAC 306.700 - 3 AAC 306.770;
(Eff. 2/21/2016, Register 217; am 7/27/2017, Register 223; am 1/22/2023, Register 245; am
__!__j J_!____/ ,Zo'l, 1 , Register ~
Authority: AS 17.38.010 AS 17.38.150 AS 17.38.200
2
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Register Vi f , Or}rw,e,t 2023 COMMERCE, COMMUNITY, AND EC. DEV.
AS 17.38.070
AS 17.38.121
AS 17.38.190
3 AAC 306.350(a) is amended to read:
AS 17.38.900
3 AAC 306.350. Identification requirement to prevent sale to person under 21. (a) A
retail marijuana store shall refuse to sell marijuana or a marijuana product or complete a walk-
up or drive-through exterior window order of marijuana or marijuana product to a person
who does not produce a form of valid photographic identification showing that person is 21 years
of age or older.
(Eff. 2/21/2016, Register 217; am 9/24/2021, Register 239; am __!___;J.!__; ~, Register
1:1!.J
Authority: AS 17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
3 AAC 306 is amended by adding a new section to read:
AS 17.38.200
AS 17.38.900
3 AAC 306.380. Walk-up or drive-through exterior window pick-up for retail
marijuana stores. (a) Unless prohibited by local law, a licensed retail marijuana store may serve
a consumer through a walk-up or drive-through exterior window in compliance with the
requirements of this section.
(b) Before accepting orders for sales of marijuana or marijuana products through a walk-
up or drive-through exterior window, a licensed retail marijuana store shall submit an operating
3
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Register Z 11 O c,\o\?e✓ 2023 COMMERCE, COMMUNITY, AND EC. DEV.
plan or modification of an operating plan of the licensed premises to the board for approval. The
operating plan or modified operating plan must depict the walk-up or drive-through exterior
window area and the video surveillance of the walk-up or drive-through exterior window area.
(c) The area immediately outside a walk-up or drive-through exterior window must be
under the licensee's sole possession and control and may not include any public property
including public streets, public sidewalks, or public parking lots.
(d) The licensed retail marijuana store may accept Internet or telephone orders or may
accept orders from the consumer at the walk-up or drive-through exterior window. Internet or
telephone orders must be paid for and picked up in person by the consumer placing the order. All
orders received through the walk-up or drive-through exterior window must be placed by the
consumer from a menu. The retail marijuana store may not display marijuana or marijuana
products at the walk-up or drive-through exterior window.
(e) Before completing a sale at a walk-up or drive-through exterior window, the licensee
or the employee shall physically view and inspect the consumer's photographic identification.
Each person in a vehicle at the drive-through exterior window must be 21 years of age or older,
unless the person is the consumer's own child, grandchild, or ward who is not older than seven
years of age seated or otherwise required by local or state law to be seated in a car seat or booster
seat.
(f) All sales must occur within the licensed premises. This requirement is satisfied if
payment is made through the following means:
(1) by an electronic Internet-based payment platform;
(2) by a mobile payment point-of-sale system;
4
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Register Z 'Ji , Ou\{>\,.e v 2023 COMMERCE, COMMUNITY, AND EC. DEV.
(3) by payment transferred through the walk-up or drive-through exterior window
into the interior of the retail marijuana store.
(g) A walk-up or drive-through exterior window area must be located so as to minimize
compromises to security. For every transfer of marijuana or marijuana product through a walk-up
or drive-through exterior window, the licensed retail marijuana store's video surveillance must
enable the recording of the licensee or the employee verifying the consumer's photographic
identification and the completion of the transaction.
(h) The licensee shall ensure that sales and all interactions at the walk-up or drive-
through exterior window are video recorded and the records are stored in compliance with
3 AAC 306. 720.
(i) Sales of marijuana or marijuana products via a walk-up or drive-through exterior
window are subject to requirements and restrictions imposed by the relevant local government.
(Eff. _j____; j1___/ ~ Register Vil )
Authority: AS 17.38.0 IO
AS 17.38.070
AS 17.38.121
3 AAC 306.995 is repealed:
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS 17.38.900
3 AAC 306.995. Internet and phone orders. Repealed. (Eff. 4/17/2020, Register 234;
am 8/23/2020, Register 235; am 11/24/2020, Register 236; repealed _~_/JL,l,Z1>Z~ , Register
MD
5
Page 118
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
AUGUST 23, 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
August 23, 2023
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on August 23, 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
Gary Greenberg Jim Glendening
John Coston Gwen Woodard
A quorum was present.
Absent:
Diane Fikes
Also in attendance were:
Linda Mitchell, Planning Director
James Baisden, City Council Liaison
Meghan Thibodeau, Deputy City Clerk
3. Approval of Agenda and Consent Agenda
Chair Twait noted the following additions to the Packet:
ACTION ITEM
Add to Item H.1 Discussion/Action - AMCO Adopted Marijuana Regulation Changes
• Recommendation Memo
MOTION:
Commissioner Woodard MOVED to approve the agenda and consent agenda with the requested
additions. Commissioner Coston 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
Page 119
Planning & Zoning Commission Meeting Page 2 of 4
August 23, 2023
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 July 26, 2023
Approved by the consent agenda.
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS - None.
E. CONSIDERATION OF PLATS
1. Resolution PZ2023-16 – Recommending Approval for Preliminary Plat – Strawberry Hill
Estates 2023 Addition for a Subdivision of a Parcel Located at 801 Devray Street (KPB
Parcel No. 04951027) into 13 Lots and Deny the Requested Exceptions to the Subdivision
Design Standards in the Rural Residential (RR) Zoning District.
MOTION:
Vice Chair Halstead MOVED to approve Resolution PZ2023-16. Commissioner Greenberg SECONDED
the motion.
Planning Director Mitchell presented her staff report with information provided in the packet, and it was
noted that the applicant is requesting two exceptions to the standards. Zoning and uses of surrounding
lots were reviewed; staff recommended approval subject to the following conditions:
1. Recommend Kenai City Council to deny the requested exceptions to exceed the maximum block
length of 1,400 linear feet and waive the rights-of-way dedication of Devray Street.
2. Recommend Kenai City Council to approve the exceptions from connecting to City water and
sewer systems.
3. Revised Note 4 on the Preliminary Plat to “DEVELOPMENT MUST MEET THE CITY OF KENAI
CHAPTER 14.20 ZONING CODE REQUIREMENTS”.
Chair Twait opened the floor for public comment.
Applicant David Bunts explained the requested exceptions and responded to questions from the
Commission.
There being no one else wishing to be heard, the public comment period was closed.
MOTION TO AMEND :
Vice Chair Halstead MOVED to amend the Resolution by changing the number to PZ2023-15.
Commissioner Woodard SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion to amend.
There being no objection; SO ORDERED.
MOTION TO AMEND:
Vice Chair Halstead MOVED to amend the Resolution PZ2023-15 by adding the following condition:
4. Recommend Kenai City Council to approve the exception from the road improvement construction
of Devray Street and requiring the subdivider include a covenant on the recorded plat that if an
improvement district is formed, the real property involved will be a part of the improvement district
without further action by the then owner of the property in question.
Commissioner Greenberg SECONDED the motion.
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Planning & Zoning Commission Meeting Page 3 of 4
August 23, 2023
VOTE ON AMENDMENT:
YEA: Coston, Greenberg, Halstead, Twait, Glendening, Woodard
NAY: None
ABSENT: Fikes
MOTION PASSED WITHOUT OBJECTION.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Glendening, Halstead, Woodard, Greenberg, Coston, Twait
NAY: None
ABSENT: Fikes
MOTION PASSED WITHOUT OBJECTION.
F. PUBLIC HEARINGS – None.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. Discussion/Action – Alcohol and Marijuana Control Office (AMCO) Adopted Marijuana
Regulation Changes
Planning Director Mitchell presented her staff report with information provided in the packet.
Ryan Tunseth, owner of East Rip and President of the Alaska Marijuana Industry Association, provided
information about the State regulations and responded to questions from the Commission.
MOTION:
Commissioner Glendening MOVED to recommend that the City Council place a moratorium on allowing
marijuana establishments to continue offering exterior walk‐up and drive through window pick‐up
services, and that they refer the issue back to the Planning & Zoning Commission for further
consideration. Vice Chair Halstead SECONDED the motion.
VOTE:
YEA: Greenberg, Glendening, Halstead, Twait, Woodard, Coston
NAY: None
ABSENT: Fikes
MOTION PASSED WITHOUT OBJECTION.
I. REPORTS
1. City Council – Vice Mayor Baisden reported on the actions of the August 16, 2023 City
Council meeting.
2. Kenai Peninsula Borough Planning – No report.
3. City Administration – Planning Director Mitchell reported on the following:
• Max Best has been hired as a temporary planner to assist with the waterfront revitalization
project rezoning; Mitchell explained next steps on the project including the public process
and development of hybrid zoning design standards.
• New administrative assistant started today; recruitment for second assistant is ongoing.
• A conditional use permit for the Aspen Creek facility development that was previously
approved by the Commission has been delayed due to a condition of the permit; the
applicants will be returning to commission to request a reduced right-of-way easement.
• She has been busy responding to the increase in code violation complaints.
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Planning & Zoning Commission Meeting Page 4 of 4
August 23, 2023
J. ADDITIONAL PUBLIC COMMENT – None.
K. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting: September 13, 2023
L. COMMISSION COMMENTS AND QUESTIONS
Commissioner Glendening inquired why a local business was denied a storefront improvement grant.
Vice Chair Halstead noted the good discussions, and thanked the Commission for asking the right
questions.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATIONAL ITEMS – None.
There being no further business before the Commission, the meeting was adjourned at 8:21 p.m.
I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of August
23, 2023.
___________________________________
Meghan Thibodeau
Deputy City Clerk
Page 122
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: August 31, 2023
SUBJECT: Planning and Zoning – July 2023 Monthly Report
General Information
• Staff attended the “Senior Officials Workshop for All-Hazards Preparedness” Course
conducted by Texas A&M Engineering Extension Service (TEEX).
• The City offered two (2) part-time Administrative Assistant II positions but only one (1)
candidate accepted with the start date of August 22, 2023. The recruitment of the 2nd part-
time position will be reposted.
Storefront & Streetscape Improvement Program
The city received four (4) applications and conditionally approved a grant award of 50%
reimbursement, up to the maximum $10,000 to the following recipients and scope of work.
1. Business Name: Arctic Barnabas Ministries
Property Location: 135 N. Willow Street
Scope of Work: Flower beds to match the new exterior stone façade, seasonal flower
baskets with hangers, seasonal picnic table/bench, sidewalk improvement adjacent to the
building entrance, exterior stone façade, painting of trims and bollards (visible from the
street), and repaving of the lot. For the new paved area to be included in the grant award,
landscaping must be provided along the front entrance façade or additional landscaping
along the street frontage to mitigate the loss of landscaping area.
2. Business Name: C.R. Baldwin
Property Location: 125 N. Willow Street
Scope of Work: Repaving the lot, planting at least two (2) spruce trees, replace the
landscaping areas with new vegetation and borders, and add a border to the existing
planter adjacent to the street frontage to match.
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Page 2 of 5
3. Business Name: AUL, LLC
Property Location: 6384 Kenai Spur Highway
Scope of Work: Painting the front building façade and window trims, and to provide new
landscaping to include, but not limited to, soil, shrubs, rocks, boulders in the existing
landscape area.
4. Business Name: UEI Rentals, LLC
Property Location: 8887 Kenai Spur Highway
Scope of Work: Painting the buildings, add a wood timber accent to building 8887, trim
out windows and doors to match, window replacements of wood windows, and new
landscaping in accordance with the approved landscape/site plan dated January 9, 2023.
Application Summary
Planning and Zoning received 15 applications in July, carried over 17 applications, and completed
15 applications.
Staff conducted five (5) pre-application meetings with collaboration with the Fire Marshal, Building
Official, and/or Public Works Director.
Applications No.
Received
Carried
Over
Completed In Progress
Planning
Building Permit 5 3 5 3
Sign Permit 3 0 2 1
Conditional Use Permit 0 1 0 1
Amendment 0 0 0 0
Time Extension 0 0 0 0
Transfer 1 0 1 0
Encroachment Permit 1 0 1 0
Landscaping/Site Plan 0 4 2 2
Home Occupation Permit 0 0 0 0
Plat 1 3 2 2
Easement/Right-of-Way 0 1 0 1
Variations/Exceptions 0 0 0 0
Variance 0 0 0 0
Zoning Map/Text Amendment 0 0 0 0
City-Initiated 0 1 1 0
Lands & Leases
Purchase 0 1 0 1
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Page 3 of 5
New Lease 0 0 0 0
Renewal/Extension 0 0 0 0
Amendment 1 1 0 2
Assignment 1 0 0 1
Development Incentive 0 1 0 1
Special Use Permit 1 1 1 1
Total 14 17 15 16
Code Enforcement and Compliance
In July, Planning and Zoning received one (1) new complaints. Several complaints were received
for active code cases at 9168 Kenai Spur Highway and 345 Dolchok Lane. There is a cumulative
total of 18 open cases.
Violations No. of
Open Cases
Carried
Over New Closed
By Types
Abandoned Structure(s) 0 0 0 0
Abandoned Vehicle(s) 1 1 0 0
Building (e.g., as-built, damaged or decayed) 2 2 0 0
Conditional Use Permit 0 0 0 0
Junk and/or Refuse 5 5 0 0
Junk Vehicle(s) 4 4 1 1
Livestock 0 0 0 0
Signs 1 1 0 0
Recreational Vehicle(s) 1 1 0 0
Zoning (e.g., structures, setbacks, use) 4 4 0 0
Total 18 18 1 1
List of Open Cases
Property Address Date of Complaint Type of Violation
110 Aleene Way 5/4/2022 Junk Vehicle; Junk and/or Refuse
5264 Kenai Spur Hwy 5/12/2022 Junk and/or Refuse
508 Hemlock Avenue 5/13/2022 Junk and/or Refuse
9168 Kenai Spur Hwy 5/16/2022 Junk Vehicle; Junk and/or Refuse;
311 Linwood Lane 6/17/2022 Junk and/or Refuse
1715 Fourth Avenue 8/25/2022 Junk Vehicle; Junk and/or Refuse
1009 Second Avenue 8/12/2022 Zoning
305 Sterling Court 10/20/2022 Building (On-Hold)
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700 Cypress Drive 10/24/2022 Junk Vehicle(s)
345 Dolchok Lane 10/28/2022 Building; Zoning
312 Aspen Street 10/26/2022 Abandoned Vehicle(s)
11888 Kenai Spur Hwy 11/17/2022 Zoning
12656 Kenai Spur Hwy 12/1/2022 Sign
4315 Lupine Drive 2/8/2023 Junk and/or Refuse
4555 Johnisee Court 4/26/2023 Recreational Vehicle
307 James Street 5/22/2023 Junk in the Right-of-Way
204 Lawton Drive 6/7/2023 Zoning (Home Occupation)
415 Roger Road 6/7/2023 Zoning (Home Occupation)
8525 Kenai Spur Hwy 7/5/2023 Zoning (Home Occupation & Junk Vehicle)
Before and After Highlight
Accumulations of junk vehicles and junk at 1715 Fourth Avenue
Planning and Zoning Commission
Two (2) public meetings were held in the month of July.
• Planning and Zoning Commission took actions as follows:
o Resolution PZ2023-12 – Recommended Approval for Preliminary Plat – Oberts Silver
Salmon Subdivision to Subdivide a Parcel into Two (2) Lots Located at 4805 Silver
Salmon Drive (Parcel ID: 04937013) in the Rural Residential (RR) Zoning District.
o Resolution PZ2023-13 – Recommended Approval for Preliminary Plat – City Park
2023 Replat for a Parcel Merger of Tract A, City Park Subdivision No. 2 and Tract A,
Park View Subdivision and the Right-of-Way Vacations of Char Circle as Dedicated
on Park View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat
No. KN 2007-149) and a Portion of S. Spruce Street as Dedication on Park View
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Subdivision (Plat No. KN 79-156) in the Suburban Residential (RS) and Urban
Residential (RU) Zoning Districts.
o Resolution PZ2023-14 – Recommended Approval for Preliminary Plat – Shoreline
Heights 2023 Addition to Subdivide Tracts A, B, and C of Shoreline Heights 2014
Addition Phase 1 Subdivision into 17 Lots Located at 1540, 1541, and 1610 Pey Drive
(Parcel IDs: 03914131, - 32, and -33) in the Rural Residential (RR) Zoning District.
o Resolution PZ2023-16 – Granting an Encroachment Permit for a Single-Family
Residence to Encroach into the Required (North) Side Yard Setback on the Property
Located at 1436 Pey Drive (Parcel ID: 03914146) in the Rural Residential (RR) Zoning
District.
o Approved the Transfer of Conditional Use Permit PZ2021-15 for Cabin Rentals on a
Property Described as Lot 3, James H. Cowan Estates, located at 1050 Angler Drive
in the Rural Residential (RR) Zoning District.
Page 127
1
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
THROUGH: Kathy Romain, Senior Center Director
FROM: Astrea Piersee, Administrative Assistant III
DATE: August 2, 2023
SUBJECT: July 2023 Monthly Report
In July, a diverse and engaging array of activities was attended, making it a vibrant and
memorable month. The calendar was filled with both indoor and outdoor events, catering to a
wide range of interests. The month kicked off with the 4th of July festivities, including
preparations for the pie booth and the T.O.P.S (Take Off Pounds Sensibly) parade float. The float
featured members of the association's royalty. Seniors also enjoyed a thrilling Seward trip, which included visits to the Sea-life Center, a Kenai Fjords trip, and even ziplining! Furthermore, an exciting new transportation route was introduced on Thursdays, offering convenient trips to the Nikiski pool and trails for pedestrians, along with an afternoon route for weekly shopping in Soldotna. Additionally, the Center expanded transportation services to include a bus service on Fridays for seniors wishing to attend the Center. This month's no-host dinner was held at Two Brothers Café in Cooper Landing. Overall, the activities attended in July offered a perfect blend of entertainment, learning, and community engagement, making it a month to cherish for all who participated. *July marked the release of the client satisfaction survey results for FY 2023. Reporting on the end-of-year client satisfaction survey results is a crucial process that provides valuable insights into the organization’s performance and customer perception. The report aims to report feedback received from clients, evaluate the level of satisfaction with services, and identify areas
for improvement. Reporting on the end-of-year client satisfaction survey results is a valuable
exercise that helps organizations enhance their offerings, build better relationships with clients,
and drive continuous improvement. See the findings attached.
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Page 2 of 7
2023 2022
Home Delivered Meals 1667 1535
Individuals 88 96
Dining Room (Congregate) Meals 1197 676
Individuals 147 115
Transportation (1-way rides) 218 210
Individuals 30 19
Grocery Shopping Assistance 6/60 10/30
Writers Group 33 27
Caregiver Support Group 15 2
Growing Stronger Exercise 344 223
Tai Chi Class 25 48
TOPS Weight Loss Class 29 41
Bluegrass & Music Sessions 76 30
Card Games 123 131
Wii Bowling 28 39
Arts & Crafts 54 46
Total Event Sign-ins * 1973 1696
Individuals * 206 184
Vintage Pointe Manor Vacancies 0 0
*(not including home meals clients)
July Monthly Data
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SEPTEMBER 6, 2023
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET
ACTION ITEM REQUESTED BY
Add to Item G.1
Resolution No. 2023-49
• Postponement Memo
Planning Director
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: David Ross, Acting City Manager
FROM: Linda Mitchell, Planning Director
DATE: September 6, 2023
SUBJECT: Resolution No. 2023-49 – Postponement to September 20, 2023 for
Recommendation from Planning and Zoning Commission Due to
Changes in the Rights-of-Way Vacation Requests
At the August 2, 2023 meeting, Resolution No. 2023-49 was postponed to September 6, 2023 to
provide the applicant additional time to coordinate with the adjacent/affected property owners.
The applicant met with the affected property owners and has submitted a revised preliminary plat
that delineates a change in the right-of-way vacation of Spruce Street. Therefore, a postponement
is requested to bring the matter back to Planning and Zoning Commission at their meeting on
Wednesday, September 13, 2023 for their recommendations on the revised preliminary plat.
We are requesting postponement of this Resolution until September 20, 2023 City Council
meeting.
Thank you for your consideration.
CITY COUNCIL
Resolution No. 2023-49
Exceptions to Preliminary Plat “Strawberry Hill Estates 2023 Addition”
801 Devray Street
September 6, 2023
Preliminary Plat: Subdivision with Two (2) Requested Exceptions
Summary
Current Use Vacant
Proposed Use Residential
Zoning District Rural Residential (RR)
No. of Lots 13
Lot Size Range 1.022-1.255 acres
Surrounding Uses
North Vacant Lots
South Single-Family Residences (SFRs)
West Vacant Lots
East Vacant Lot and SFRs
KMC Section 14.10.090 Variations and Exceptions
“Whenever the tract to be subdivided is of such unusual size or shape or is surrounded
by such development or unusual conditions that the strict application of the
requirements contained in these regulations would result in real difficulties, substantial
hardship or injustice, the City Council, after report by the Planning Commission, may
vary or modify such requirements so that the subdivider may develop his property in a
reasonable manner, but so that at the same time, the public welfare and interests of
the City and surrounding areas are protected and the general intent and spirit of these
regulations preserved.”
Requested Exceptions by Applicant
1. KMC Subsection 14.10.070(a) relationship to Adjoining Street System
“The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal
existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as
they may be deemed necessary by the Commission for public requirements. The width of such streets in new
subdivisions shall be not less than the minimum widths established herein. The street and alley arrangement
shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and
seek to provide for convenient access to it. Offset streets should be avoided. Streets obviously in alignment
with existing streets shall bear the names of the existing streets. All proposed street names shall be checked
against duplication of other street names.”
2. KMC Subsection 14.10.070(d)(1) Blocks Length
“No block shall be longer than one thousand four hundred (1,400) feet. Where blocks are longer than one
thousand (1,000) feet, a crosswalk at least ten (10) feet in width may be required near the center of the block.”
Requested Exceptions by Administration
1.KMC Subsection 14.10.080(e)
“In subdivisions of ten (10) or more lots, an approved public water supply shall be
provided for each lot within the subdivision area. “
2. KMC Subsection 14.10.080(f)
“The subdivider shall install sanitary sewer lines to serve each lot.”
P&Z Commission’s Recommendations
The proposed preliminary plat generally meets the standards of KMC Chapter 14.10
Subdivision Regulations and Chapter 14.24 Development Requirements Table.
Planning and Zoning Commission passed Resolution No. PZ2023-15 on August 23, 2023,
recommending that the City Council deny the requested exceptions to KMC Subsections
14.10.070(a) and 14.10.080(d)(1) from exceeding the maximum block length of 1,400 linear feet
and waive the right-of -way dedication of Devray Street; however, Planning and Zoning
Commission recommends that the City Council approve exceptions to KMC Subsections
14.10.080(c), (e), and (f) from the requirements of road improvement construction of Devray
Street and connecting to City water and sewer systems.
CITY COUNCIL
Resolution No. 2023-49
Exceptions to Preliminary Plat “Strawberry Hill Estates 2023 Addition”
801 Devray Street
September 6, 2023
Kenai City Council - Regular Meeting Page 1 of 3
September 06, 2023
Kenai City Council - Regular Meeting
September 06, 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)
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3368-2023 - Increasing Estimated Revenues and
Appropriations in the Airport Special Revenue and Airport Operations Facility Capital Funds to
Provide Supplemental Funding for the Kenai Municipal Airport Operations Facility Boiler and
HVAC Controls Replacement Project. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3369-2023 - Increasing Estimated Revenues and
Appropriations in the Airport Fund to Procure Consumables for Aircraft Rescue and Fire
Training Operations at the Alaska Fire Training Facility. (Administration) [KMC 1.15.070(d)]
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Enactment (Requires Five Affirmative Votes)
3. ADOPTED UNANIMOUSLY. Resolution No. 2023-53 - Authorizing a Budget Transfer in the
Vintage Point Congregate Housing Improvement Capital Fund, and Authorizing a Construction
Agreement and Corresponding Purchase Order for the Vintage Point Boiler and Controls
Replacement Project. (Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2023-54 - Authorizing a Professional Services
Agreement and Corresponding Purchase Order for the Lilac Lane Roadway Improvements
Project. (Administration)
Kenai City Council - Regular Meeting Page 2 of 3
September 06, 2023
5. ADOPTED UNANIMOUSLY. Resolution No. 2023-55 - Denying the Requested Exceptions to
Kenai Municipal Code Section 14.10.070, Subdivision Design Standards and Granting
Exceptions to Kenai Municipal Code Section 14.10.080, Minimum Improvements Required for
Strawberry Hill Estates 2023 Addition Preliminary Plat. (Administration)
F. MINUTES
1. *Special Meeting of August 11, 2023. (City Clerk)
2. *Regular Meeting of August 16, 2023. (City Clerk)
G. UNFINISHED BUSINESS
1. REFERRED TO PLANNING & ZONING COMMISSION AND POSTPONED TO 9/20/2023.
Resolution No. 2023-49 - Declaring the Rights-of-Way of Char Circle as Dedicated on Park
View Subdivision (Plat No. KN 79-156) and City Park Subdivision No. 2 (Plat No. KN 2007-149)
and a Portion of S. Spruce Street as Dedication on Park View Subdivision (Plat No. KN 79-156)
are No Longer Needed for a Public Purpose and Consenting to Vacation of the Rights-of-Way.
(Administration) [At the 08/02/23 meeting, this item was postponed to 09/06/23.]
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Renewal of a Beverage Dispensary Liquor License
for Kenai Joe’s Taphouse, LLC, DBA Kenai Joe’s Taphouse, LLC – License No. 626. (City
Clerk)
3. *Action/Approval - Non-Objection to the Transfer of Ownership of a Restaurant Eating Place
Liquor License and Restaurant Designation Permit for Jersey Subs AK LLC., DBA: Jersey Subs
AK - License No. 5900. (City Clerk)
4. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing
Facility License for Herban Extracts, LLC., DBA Herban Extracts LLC - License No. 14432. (City
Clerk)
5. *Action/Approval - Special Use Permit for Corvus Airlines, Inc. DBA Ravn Alaska, LLC for Use
of 1,200 Square Feet of Warm Storage of a De-Ice Vehicle. (Administration)
6. *Action/Approval - Consent to Assignment and Assignment and Assumption of Lease
Agreement, of Lot 3, Block 1, General Aviation Apron No. 1 Amended to Vickie L. Tyler.
(Administration)
7. *Ordinance No. 3370-2023 - Accepting and Appropriating Fiscal Year 2023 Funds from the
Sign Research Foundation for the Sign Research Foundation Scholarship Program.
(Administration)
8. Discussion - Marijuana Walk/Drive Up Regulations. (Legal)
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
Kenai City Council - Regular Meeting Page 3 of 3
September 06, 2023
6. Beautification Committee
J. REPORT OF THE MAYOR
K. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
L. ADDITIONAL PUBLIC COMMENTS
1. Citizens Comments (Public comments limited to five (5) minutes per speaker)
2. Council Comments
M. EXECUTIVE SESSION
N. PENDING ITEMS
O. ADJOURNMENT
P. INFORMATION ITEMS
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
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