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HomeMy WebLinkAbout2024-01-03 Council PacketKenai City Council - Regular Meeting Page 1 of 3 January 03, 2024 Kenai City Council - Regular Meeting January 03, 2024 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. 3383-2023 - Amending the Official Zoning Map by Rezoning all Parcels within the Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District. (Administration) 2. Ordinance No. 3384-2023 - Cancelling Previously Appropriated Projects, Authorizing a Transfer of Funds from the Wastewater Facility Capital Project Fund to the Water and Sewer Capital Project Fund and Appropriating Supplemental Funds for the Construction of a New Water Pump House at the City’s Water Treatment Facility. (Administration) 3. Resolution No. 2024-01 - Approving the Use of the Fleet Replacement Fund for the Purchase of Two Ford Police Responders Utilizing the State of Alaska Equipment Fleet Contract. (Administration) 4. Resolution No. 2024-02 - Amending the Authorized Staffing Table by Adding a Part Time Administrative Assistant II Position to the Planning and Zoning Department. (Administration) F. MINUTES 1. *Regular Meeting of December 20, 2023. (City Clerk) G. UNFINISHED BUSINESS Page 1 Kenai City Council - Regular Meeting Page 2 of 3 January 03, 2024 H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing Facility License and a Standard Marijuana Cultivation License for Red Run Cannabis Cultivators, LLC., DBA: Red Run Cannabis Cultivators, LLC. - License No.’s 19372 and 10052; and a Retail Marijuana Store License for Red Run Cannabis Company, LLC., DBA: Red Run Cannabis Company, LLC. – License No. 10056 (City Clerk) 3. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License and a Standard Marijuana Cultivation License for Majestic Gardens LLC., DBA: Majestic Gardens LLC. - License No.’s 15393 and 15395. (City Clerk) 4. *Ordinance No. 3385-2024 - Accepting and Appropriating a Donation to the Kenai Community Library for the Purchase of Library Materials and Software for Room and Event Scheduling. (Administration) 5. *Ordinance No. 3386-2024 - Increasing Estimated Revenues and Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to Conduct an Assessment of City Street Lighting. (Administration) 6. *Ordinance No. 3387-2024 - Increasing Estimated Revenues and Appropriations in the General Fund and Public Works Department’s Street Division’s Professional Services Budget to Review and Update the City’s Roadway Improvements Standards. (Administration) 7. Action/Approval - Authorizing the City Manager to Enter into an Agreement with the Kenai Peninsula Borough to Accept Landfill Leachate at the Waste Water Treatment Plant. (Administration) I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION Page 2 Kenai City Council - Regular Meeting Page 3 of 3 January 03, 2024 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/89458619905 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 894 5861 9905 Passcode: 382993 Meeting ID: 894 5861 9905 Passcode: 382993 Page 3 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3383-2023 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP BY REZONING ALL PARCELS WITHIN THE LETZING 1985 SUBDIVISION (PLAT NO. 85-55) AND GOVERNMENT LOT 170 FROM GENERAL COMMERCIAL (CG) TO SUBURBAN RESIDENTIAL (RS) ZONING DISTRICT. WHEREAS, all parcels within the Letzing 1985 Subdivision plat and Government Lot 170 are currently zoned General Commercial (CG); and, WHEREAS, the City of Kenai received a rezone application from the majority of property owners in accordance with KMC 14.20.270 Amendment procedures; and, WHEREAS, the CG zoning district allows for the widest range of commercial and industrial uses compared to other commercial zoning districts and the existing CG zone is not a compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area; and, WHEREAS, the proposed rezone to RS would align with the current low to medium density residential character of the neighborhood; and, WHEREAS, the land use classification is Mixed-Use, which envisioned a compatible mix of residential and commercial uses but it is desired by the property owners and supported by nearby residents that it should be rezoned to residential; and, WHEREAS, the rezone is consistent with the Imagine Kenai 2030 Comprehensive Plan and aligns with the Land Use Plan and addresses Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai; and, WHEREAS, at their regularly scheduled meeting held on November 8, 2023, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the subject properties be rezoned from General Commercial to Suburban Residential zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of City of Kenai Official Zoning Map: That City of Kenai, Official Zoning Map is hereby amended as follows: Rezone all parcels within the Letzing 1985 Subdivision plat (Plat No. 85- 55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) zoning district. 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. Page 4 Ordinance No. 3383-2023 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 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: December 20, 2023 Enacted: January 3, 2024 Effective: February 2, 2024 Page 5 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: December 12, 2023 SUBJECT: Ordinance No. 3383-2023 – Rezone All Parcels Within Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District The property owners, Nancy and Michael Wiles, and Ken Dunbar representing Five D Investments LLC, are the seeking to rezone all parcels within Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district. The purpose of the rezone is to allow additional affordable housing rather than commercial use on the subject parcels. For the parcel located at 103 Birch Street, the property owner intends to subdivide and construct a single-family dwelling unit on each lot. If approved, the zone change would allow a residential use as a principal use, whereas under the existing zoning district, CG, a residential use is only permitted as a secondary use. The proposed rezone area is surrounded by a commercial office/warehouse with outdoor storage to the west, residential uses to the north and east, and a commercial center, known as Swanson Square to the south across First Avenue. The current zoning, CG prohibits single-family and two- family residential uses unless it is a secondary use according to the land use table found in KMC Section 14.22.010. In addition, CG zoning district allows for the widest range of commercial and industrial uses compared to other commercial zoning districts. The existing CG zoning district is not a compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area. While the site plan/landscaping review is intended to provide adequate buffers, transitions, and impacts between commercial/industrial uses and residential uses, this could be further implemented through a suitable zoning designation. The intent of the CG zoning district is not compatible with the existing residential uses in the adjacent RS zoning district to the north and east. There are other restrictive commercial zoning districts that allows residential use as a principal use but it would provide a disconnect between the existing CG zoning district to the west of the proposed rezone area. Page 6 Page 2 of 2 The rezone to RS zone would expand the adjacent RS zoning district, which it is anticipated that it would be developed in junction with the surrounding residential uses to the north and east. Therefore, minimizing potential impacts of commercial development on existing residential uses. As noted by the applicants, there is a need for additional housing and this rezone would allow for residential uses without going through additional planning processes. The existing land use classification states a compatible mix of residential and commercial uses. It is anticipated that this area will become residential uses. In the RS zone, several commercial uses are permitted subject to a Conditional Use Permit. The proposed rezone to RS zone would be consistent with the Mixed-Use land use classification as identified in the Comprehensive Plan. Therefore, an amendment to the land use map in the Comprehensive Plan is not required. The Comprehensive Plan supports this rezoning in the following identified goal: Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai. • Q-4: Promote the siting and design of land uses that are in harmony and scale with surrounding uses. The proposed rezone to RS would align with the current low to medium density residential character of the neighborhood. The proposed rezone to RS zone would make the existing single- family dwelling compliant with the zoning district. Under the existing CG zoning district, the existing residence is considered a non-conforming use since residential use is not permitted to be a principal use. Therefore, any expansions or alterations of the residence would be subject to KMC Section 14.20.050 Nonconforming lots, structures, and uses. On November 8, 2023, the City of Kenai Planning and Zoning Commission voted unanimously to recommend the subject properties be rezoned from General Commercial to Suburban Residential zoning district. Attachments Location Map Letzing 1985 Subdivision (Plat No. 85-55) P&Z Resolution PZ2023-19 Staff Report PZ2023-19 Page 7 Ordinance No. 3383-2023 Rezone from CG to RS 1202, 1204, and 1206 First Avenue And 103 Birch Street N Map for Reference Only NOT A LEGAL DOCUMENT ' A. Date Printed: 12/12/2023 Page 8 Page 9 STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: November 8, 2023 SUBJECT: Resolution PZ2023-19 – Rezone Four (4) Parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District Request The applicants are requesting a rezone of four (4) parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District. Staff Recommendation Adopt Resolution PZ2023-19 recommending approval of a rezone of four (4) parcels from General Commercial (CG) to Suburban Residential (RS) Zoning District. Applicants: Nancy and Michael Wiles Five D Investments LLC 1206 First Avenue c/o Ken Dunbar Kenai, AK 99611 P.O. Box 969 Kenai, AK 99611 Parcel No. 04317028 Address Lot Size Legal Description 1202 First Avenue 0.49-acre Lot 1, Letzring 1985 Subd. of Gov. Lot 169 04317029 1206 First Avenue 0.31-acre Lot 2, Letzring 1985 Subd. of Gov. Lot 169 04317030 1204 First Avenue 0.31-acre Lot 3, Letzring 1985 Subd. of Gov. Lot 169 04317013 103 Birch Street 1.25 acres Govt Lot 170 Current Zoning: General Commercial (GC) Proposed Zoning: Suburban Residential (RS) Current Land Use Single-Family Residence, Accessory Structures, and Vacant Parcels Land Use Plan Mixed-Use Ki;NAI Page 10 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 2 of 6 SUMMARY The applicants are seeking to rezone properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Residential (RS) zoning district. The purpose of the rezone is to allow additional affordable housing rather than commercial use on the subject parcels. For the parcel located at 103 Birch Street, the property owner intends to subdivide and construct a single-family dwelling unit on each lot. In the applicants’ letter, it is indicated that 103 Birch Street would be subdivide and four (4) single-family homes would be constructed. However, Planning staff received the preliminary plat and it shows a 5-lot subdivision. The preliminary plat is subject to compliance with KMC Chapter 14.10 Subdivision Regulations and would come before the Planning & Zoning Commission for review/recommendation at a later time contingent on the decision of the rezone. If approved, the zone change would allow a residential use as a principal use, whereas under the existing zone, CG, a residential use is only permitted as a secondary use. ANALYSIS Pursuant to KMC Section 14.20.270, the initiation of a Zoning Map Amendment may be initiated by a majority of the property owners in the area to be rezone. Furthermore, the area to be rezoned contains a minimum one (1) acre (excluding street or alley rights-of-way) unless the amendment enlarges an adjacent district boundary. Three (3) out of the four (4) parcels are under the same ownership with the remaining parcel owned by a different property owner. Both property owners jointly applied for the rezone; therefore, meeting the initiation of a rezone application. To further support their request, the applicants have provided a list of signatures from surrounding property owners/residents to support their rezone petition. The combined area of the rezone is approximately 2.36 acres, which exceeds the minimum one (1) acre requirement for a zoning map amendment and it would expand the adjacent Suburban Residential zoning district to the north and east of the proposed rezone area. Existing and Proposed Zoning The existing zoning is General Commercial (CG) and the intent as outlined in KMC Section 14.20.120 states the following: The CG Zone is established to provide for areas where a broad range of retail, wholesale, and service establishments is desirable. Uses are regulated to concentrate commercial development to the greatest extent possible and to prevent any uses which would have an adverse effect upon nearby properties. New single- and two (2) family residential uses and other noncommercial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above. Findings: The proposed rezone area is surrounded by a commercial office/warehouse with outdoor storage to the west, residential uses to the north and east, and a commercial center, known as Swanson Square to the south across First Avenue. The current zoning, CG prohibits single-family and two-family residential uses unless it is a secondary use according to the land use table found in KMC Section 14.22.010 as shown below (highlighted in yellow). Page 11 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 3 of 6 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three- Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six- Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. Page 12 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 4 of 6 In addition, CG zone allows for the widest range of commercial and industrial uses compared to other commercial zoning districts. The existing CG zone is not a compatible land use for this area since there are existing residential uses to the north and east of the proposed rezone area and an existing single-family dwelling in the proposed rezone area. While the site plan/landscaping review is intended to provide adequate buffers, transitions, and impacts between commercial/industrial uses and residential uses, this could be further implemented through a suitable zoning designation. The intent of the CG zone is not compatible with the existing residential uses in the adjacent RS zoning district to the north and east. There are other restrictive commercial zoning districts that allows residential use as a principal use but it would provide a disconnect between the existing CG zone to the west of the proposed rezone area. The proposed zoning is Suburban Residential (SR) and the intent as outlined in KMC Section 14.20.090 states the following: The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. Findings: The rezone to RS zone would increase the adjacent RS zoning district, which it is anticipated that it would be developed in junction with the surrounding residential uses to the north and east. Therefore, minimizing potential impacts of commercial development on existing residential uses. As noted by the applicants, there is a need for additional housing and this rezone would allow for residential uses without going through additional planning processes. Comprehensive Plan – Land Use Classification The existing land use classification is Mixed-Use and the intent as outlined in the Imagine Kenai 2030 Comprehensive Plan (“Comprehensive Plan”) states the following: Mixed use is intended for a compatible mix of residential, retail, service, office, public, institutional and recreational uses. Uses are co-located in an integrated way that supports sustainable forms of transport such as public transport, walking and biking, and increases neighborhood amenities. Compatibility issues are addressed through careful site layout and building design. Findings: The existing land use classification states a compatible mix of residential and commercial uses. It is anticipated that this area will become residential uses. In the RS zone, several commercial uses are permitted subject to a Conditional Use Permit (see attached Land Use Table). The proposed rezone to RS zone would be consistent with the Mixed-Use land use classification as identified in the Comprehensive Plan. Therefore, an amendment to the land use map in the Comprehensive Plan is not required. During the 2016 Comprehensive Page 13 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 5 of 6 Plan update, City Council passed Ordinance No. 2908-2016, approving and adopting a revised 2030 Comprehensive Plan updated in 2016, which shows that the draft land use plan map included in the Ordinance packet but it was not carry into the final version of the Comprehensive Plan (see attached draft Land Use Plan map). This is important to note the correct land use classification because it determines whether an amendment to the Comprehensive Plan is required. If it was classified as General Commercial as it is shown in the final version, then the City would need to make the findings for the Comprehensive Plan amendment in addition to the rezone of the zoning district. The Comprehensive Plan supports this rezoning in the following identified goal: Goal 1 – Quality of Life: Promote and encourage quality of life in Kenai.  Q-4: Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Findings: The proposed rezone to RS would align with the current low to medium density residential character of the neighborhood. Existing Use In the proposed rezone area, the only existing principal use is a single-family dwelling on the property located at 1206 First Avenue, which is adjacent to the storage yard for the commercial office/warehouse in the northwest corner of N. Spruce Street and First Avenue. Findings: The proposed rezone to RS zone would make the existing single-family dwelling compliant with the zoning district. Under the existing CG zone, the existing residence is considered a non-conforming use since residential use is not permitted to be a principal use. Therefore, any expansions or alterations of the residence would be subject to KMC Section 14.20.050 Nonconforming lots, structures, and uses. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the rezone were mailed to property owners within a three hundred-foot (300’) periphery of the subject properties. City staff published notice of the public hearing in the Peninsula Clarion, and notification was posted. No public comments have been received as-of-date. This rezone request was previously advertised as a public hearing for Planning & Commission meeting held on October 25, 2023. Due to discrepancies discovered by Planning staff, a staff report and resolution was not included in the packet. Therefore, no action was taken at the public meeting. However, due to the advertisement of the proposal as a public hearing, public testimony was opened and the applicant, Nancy Wiles was present to support the rezone request. In addition, Mr. Keith Shaffer, resident at 104 Birch Street was in support of the rezone to residential. STAFF RECOMMENDATION Based on the findings and analysis in this staff report, Staff recommends the Planning & Zoning Commission recommend approval of the rezone request for the properties located at 1202, 1204, and 1206 First Avenue and 103 Birch Street from General Commercial (CG) to Suburban Page 14 Resolution No. PZ2023-19 Rezone from General Commercial (CG) to Suburban Residential (RS) 1202, -04, -06 First Avenue and 103 Birch Street Page 6 of 6 Residential (RS) zoning district. Planning & Zoning Commission’s recommendation will be forwarded to City Council for consideration. ATTACHMENTS Zoning Map Application Materials Application Letter of Intent Aerial Map Petition Signature List KMC 14.22.010 Land Use Table Draft Land Use Plan Map Page 15 Resolution PZ2023-19 Rezone from CG to RS 1202, 1204, and 1206 First Avenue And 103 Birch Street N Map for Reference Only NOT A LEGAL DOCUMENT Date Printed : 11/8/2023 ' 0.-------.------1 1---------------1 A. 80 160 320 Feet Page 16 RECEIVED CITY O KENAI City of Kenai Rezoning Application Planning Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 9961 ·I (907) 283-8200 planning@kenai .city By: www .ken a i .cily/pla nning Name: N Mailing Address: Phone Number(s): Email: Kenai Peninsula Borough Parcel# (s): Physical Address: Legal Description: Present Zone: Intended Use and/or Reason for Rezoning (attach additional sheets if necessary): The area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights- of-way), unless the amendment enlarges an adjacent zoning district boundary. This proposed amendment to the zoning ordinance is not substantially the same as any other unapproved proposed amendment submitted within the previous 9 months. I understand a public hearing is required as outlined in the Kenai Zoning Code, a $250 fee is required ($265 total after tax), and that this application will be reviewed following Kenai City Code 14.20.270, available at kenai.municipal.codes/KMC/14.20.270. I have included a map of the proposed rezone area and applicable signatures. The proposed Zoning Code and Official Zoning Map Amendments is initiated by (check one): D Kenai City Council D Kenai Planning & Zoning Commission E Petition of majority of the property owners in the area to be rezoned 0 Petition bearing the signatures of 50 registered voters within the City of Kenai D Petition as provided by the Home Rule Charter of the City of Kenai Signature: Printed Name: Date: For City Use Only PZ Resolution Number: lXJYES t$YES '6?J.YES YES Page 17 Rezoning Application Nancy & Michael Wiles 1206 First Avenue Kenai, AK 99611 Ken Dunbar P.O. Bdt969 Kenai, AK 99611 {907) 398-6613 nlwiles@hotmail.com (907) 947-3000 kdunbar@dunbarandsons.com Kenai Peninsula Borough Parcel Numbers/Physical Address/Legal Description: 04317028 04317029 04317030 04317013 1202 First Ave T 6N R 11 W SEC 31 Seward Meridian KN 0850055 letzring 1985 SUB OF GOVT LOT 169 LOT 1 1206 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 letzring 1985 SUB OF GOVT LOT 169 LOT 2 1204 First Ave T 6N R 11W SEC 31 Seward Meridian KN 0850055 Letzring 1985 SUB OF GOVT LOT 169 LOT 3 103 Birch St T 6N R 11 W SEC 31 Seward Meridian KN GOVT LOT 170 Intended Use and/or Reason for Rezoning: As property owners of the above lots, we request they be rezoned from Central Commercial to Suburban Residential. It is our belief that the community is better served with additional affordable housing rather than commercial use in this area. As attested by the 56 neighborhood signatures (as well as our two), our neighbors agree and wish to have homes built in this area. Rezoning to SR would bring this section of the block into alignment with the current neighborhood. Mr. Dunbar wishes to subdivide and build four single family homes on the 103 Birch St. lot. The City would benefit from having the additional tax base of the completed homes, as well as the income from water and sewer utilities. The community would benefit by having affordable rental properties in a convenient location. The Wiles originally purchased 1202 and 1204 First Ave. in order to be able to gift or sell a lot to each of their children in order to build a home or cabin. There is the potential of two more homes being built. They have lived in the home at 1206 First Avenue since 1985. Page 18 1202, 1204, 1206 1st Ave & 103 Birch St M O ----- ·~. ·--~ --- • I • ·-~ C • ~· -~ ~.. . ii , 't .. . .,._ . . Thi~ niap is a user ganernted static oU~)IJt from an Internet mapoing site and Is ror retereoa, ooly. Oat;) layers that appear on 11115 map may or -, not be ocairatl!, wrrent or otherwise renablE, Do not use fer navlqati~n DATE PRINTED: 9/12/2023 • MIieposts City Limits Highways Major Roads Roads Town Medlurn VctJm• -Town Lcwl8Moom:i1; ~her f'ropgocd P~rcels Image ■ Red: Rell ■ G""'n: GrHn • BIU8! Blus 0 Page 19 PETITION TO REZONE \ aTlplateLAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and letzring Subdivision, formerly Government lot 169) The property at 1202, 1204, 1206 First Avenue and the adjoining lot at 103 Birch Street are currently zoned General Commercial. We request this land be rezoned to Suburban Residential to bring it into alignment with the majority of the surrounding area. We welcome the opportunity to have more homes built in our neighbourhood, and see no need for commercial property at this site as there is plenty of land zoned commercial in more appropriate areas of Kenai. Name: G:¾u I f ~14.Y lC.5 Address: JID BircA.. 71 Signature: iJ2e / ,,,K~ Name: k' f,;, 1-rH S riR Fr"LIZ_ Address: ID Lt T31 ~ St, Signatur~~ Name: _'J';//ti.3/. .,l P/?-~ JS Address: /(t)'fJ/_1.&/1-ST, , sq:oatur•A'~ f . eflU-i-l .• ,./ Name: V 't C \-o \ \ o.._ /}::owe, Address: f ll '1S\<ch S\-1 'he,(\~\ A"' Signature: ~ D (iv:...:J',,(_ 2 3 © templatelab.com Page 20 ( PETITION TO REZONE ~ 'DV ~ ",mptate l 8 Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the comer of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name : Giv (1 5 1'; l _s Address: 'Sl () ~'u(Jf+k_ ~{)rt.V<.e s·-1-' /Gv~ l iAI<-~~ L ( l Signature:~---~ Name: t:\.. £t.t,~-A-Htt.cl h -e~ Address: / / o 3 2,•1~:1 /J ve. nue. f(-r::ncu /-1 k. t/rrc,• I I Signature: ,/e ~~:rffo~ Name: G-in (A So.rn ue.} r Address: /ID;;), -rfiJR._J> fl . r6£.r70--l, Signature: Name: ~[~ce,. W~•(...g./'· Address; 41!.f /J-~vfv Sf) -~i-u,~..,, Signature: t)ui,~~C(../ LU~ Name: ~ ~ ;/ W cd4 Address : 2. l Lf !3 ~ ~.M{ Signature: 9"0..;z:;; +/-.. lJ ~ © templatelab.com Page 21 ( PETITION TO REZONE 1 1 einplate LAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name : /l/4 lv'fiJ"f l)Af ~ L,( Address: 1-08 B/12--C H S T(l.£'-&,J Signature/~ ;> Name: WRA Address: z, Signature: r Name: ~l.,.. Loc.,YJJ~ Address, ;;;i_o s ~ SI Signature, ~ I\A;:;:: ~oMrt-J<rlA<e"2-Name: ·t1 1 '" Address: \. J.. O L\ J ruQ, ~ Signature: {>~,~--------- {5 lb l1 © templatelab.com Page 22 PETITION. TO REZO NE r:r "'IBV , . ..:mplateLAB Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of airch Street and First Avenue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: 1(0 ~av+ ,S;pV'-"'-;r'v' Address: }20'1 ~lrd t4v-e ~ Signatu~ Name: ${ \0-S~c\·~<\e,{ Address: 13-0lP Th\rd A,J~ .. Signature :.J)~v--~ .. ~ Name: t!.f64Rl € S /:1+1h,/<+4WI 4 Address: / ;1..e:>-:Z.. Pbc<.eN PA-CG Signature: ~K~ Name: ( V~ ~sm Address: 3o 11 [3vU, A ✓ l-• Signature: ~} ( ~ Name : \tW Address: 30 l 1 b-U.. Jwt,, /~ Signaturett,,,$ /7/,Z Name: ~ q .;+~ Address: 3 C) \ _& tfl. c~ ✓ Signature:~ Q,_, f{ ~-·· f.cJ. ~-:ix l3~} I-<( e,, ~c-.,; © t e mplatelab.com Page 23 ( PETITION_ TO REZONE \a JinplateLAB Sublect Matter: We petition the City of t<enai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. {Government lot 170 and L-etzring Subdivision, formerfy Government Jot 169) ~ t4t1~ Name: ---~ ti e.,r--. Cr-\, Address: D c2 Signature:~~- !{ O"_j/1) /IU'5 Name: I( Address: ) ti B ;// l 5 f Signature: D f I ./4,Jt~ /\ Cl"-(_,/+tt,,~ ,~ Name: Otv1~-eJLt. eobmt.-+s~ Address: Ll D 2. f:>i 'l..C. h. S+. Signature \)~ ~ Name: 4 { f ~v... /G(r""-r Address: '-( Ol {St re~ 5 /- Signature: Name: ploSSo VV\ fvl C &i~ Address: tfoli2 e;, Y-C,,N\ S\- Signature : © templatelab.com Page 24 PETITION TO REZO NE '• JinplateLAB Sublect Matter: We petition the City of Kenai to Amend the Kena; Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (Government tot 170 and Letzring Subdivision, formerly Government lot 169) Na~e: (t~ {)~~ Address: /J.4. (},~ G /1) Id Signa ture: {I(~ a~7 / Nam e: ¼---e.Cl l~·"""' ~~,,( Address: Ill I ~ C) .. r<~a \ 1~'£. qq ~ l / Signatu r e:~ vt/~ Nam e: M 41..cot.n M cg/l~Ae Address: , , I/ r 111 er K6AJ;w::. Signature :~ A'P~(s Name: WflO'h, ~-. Address : \ z_cr;-~'>(h c_J- Signature:~ 31 © templatelab.com Page 25 PETITION TO REZON E ~~ jfnplate LAB Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue. (G.overnment lot 170 and Letzring Subdivision, formerly Government lot 169) Name: G/...ENNA /YL sw~AR.tN {;G""N Address: / D 7 BJ/( Cf-/ St Signature~Jf~ Name: -~ ~ s..p"· ce.-r Address : 120 fo 1 I¼ A 'I -r-/'i---ve Signature: _ -A _ . ~Y-A-,Jl. s l' (. Clk\ Name: /Z.0 6Q.. v-t-~ \ vt,SD"V'. Address : 12-0(o lj f',,1 _A Ve - Signature: ~-LJ ~~~~ N~me: ~t:tf-h l.e.~ (cot,kle) +>, n \:::Q..y-~Oy\ Address : l"l.03 l.{+h A ·../e, kevtA.'\ 1 AK .. Signature: C...~ ~~ 31 40 © templatelab.com Page 26 ( PETITION TO REZO NE Subiect Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner.of Birch Street and First Avenue. (Government lot 170 and letiring Subdivision, formerly Government lot 169) Name: Ul\<.U.. f-,.\. ca~:H ~ Address: '313 c\'-'..di CiV, 1<..<-~: A-,_ ci'l<Ll\ Signatu r-e: -o<'~~~.w&c.._-~-l/1- l/4 Name: ~ZG:C:·r Le__ c~ .,,,..,, ,M<..- Add"ress: Signature: ~,/2.-/ ~/~ l-f ~~::; /J A L ){.(or er" r Name: • /\ 0 mo ft , (_. .. V -~. J4A_ Address: 3 I .2 c· I ll Ci Y I r /\.,,C' /1 J4 I I Signature1 ~ / /,1/~ Name: iA t f 1 fiolE fr Address: 3 / L C II~ 1> r c.., A, l-c;E»4 :r- Signature: -1t/ ,a!f-1t-{ ?-- l{] © templatelab.com Page 27 PETITION TO REZONE Subject Matter: We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and First Avenue·. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: VerV\~ \_~ lSV\,~ Address: )'l.t o ..\""" ~~ \.(t,,ft-~, A\~ 9tt lt l/ Signature: -~ ~-~ Signature: Name: J?DC.U.:> 5~jvJy~ Address-: j 1-l)i, &/ -r'-1 A J f: , K~ ;J/k Signature: ~ ,Y~ ' Name: ew-\~ ~bJJ Address : l:LJ J l{!? ~ /~ r kfL Signature:d,f__ ~ Name: (JADE 1'1-0(C.f).~ Address: 2 (( tJ t f..C µ, .s-<. f<.e;tf,4 • , Ilk; Signature: ~J ~ sO © templatelab.c.om Page 28 PETITION TO REZONE ' . einplateLAB Subject Matter:-We petition the City of Kenai to Amend the Kenai Zoning Code and the Official Map for Property at the corner of Birch Street and Fi rst Aven ue. (Government lot 170 and Letzring Subdivision, formerly Government lot 169) Name: (Y'cv +'-'a L . W\~~ Address: -2.J) ~lvcll\ 5 ~ Signature: ~ I ~ Name: ·('(\ Pr~~--(Y'\ QO'Q..£_ Address; \ )-0 7 )'~ f/v--l ~fv1~ Signature: Person lodging this petition is: Name: fv&i\ C· W \ \e., °S' . Add ress: r:;iJ -80 \-Av~ l< ~M \ A k 9~ I/ Signature: <if~ L uJ ~ Person lodging this petiv on is: . )_ Name : K81/HBl1 L._., Du11t1J{}C/r , Address: F✓o, ~)C 9b </' /{~(), #(,{ 99C✓ Signature: ~~"'----- s5 © templat elab.com Page 29 KMC 14.22.010, Land use table Page 1 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See N N C C C C C C N N N N N N C N N Page 30 KMC 14.22.010, Land use table Page 2 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. KMC 14.20.200) COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C C C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited30 N N N N N N N N N C C C N N N C N Marijuana Cultivation Facility, Standard30 N N N N N N N N N C C C N N N C N Marijuana Product Manufacturing Facility30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility30 N N N N N N N N C C P P N N N C C Professional Offices C N C C C N N P P P P P N C P P P Page 31 KMC 14.22.010, Land use table Page 3 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Restaurants C N C N C N N C P P P C N C C C P Retail Business C N26 C N C N N C P P P P S24 S24 C C P Retail Marijuana Store30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C P20 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Page 32 KMC 14.22.010, Land use table Page 4 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C12 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N Communications Towers and Antenna(s), Radio/TV Transmitters/Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Page 33 KMC 14.22.010, Land use table Page 5 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C C C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 U.S.C. Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 U.S.C. Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: Page 34 KMC 14.22.010, Land use table Page 6 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. 6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met. 10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. Page 35 KMC 14.22.010, Land use table Page 7 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line; and provided further, that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use; provided, that the following conditions are met: a The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the mortuary. 15 Allowed; provided, that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional use allowed only on privately held property. Not allowed on government lands. 19 Reserved. 20 The airport-related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the Development Requirements Table for the RU/TSH Zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a dormitory used to house students for a school or educational facility. Page 36 KMC 14.22.010, Land use table Page 8 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.150 and 14.20.255 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from Page 37 KMC 14.22.010, Land use table Page 9 of 9 The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions, 14.20.330—Standards for commercial marijuana establishments. 31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000) feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of worship, a public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public libraries). (Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001, 1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005, 2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011, 2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019 (Substitute), 3363-2023) The Kenai Municipal Code is current through Ordinance 3363-2023, passed July 5, 2023. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (907) 283-7535 Hosted by Code Publishing Company, A General Code Company. Page 38 Fo r e s t D r 20 1 6 C i t y K e n a i C o m p r e h e n s i v e P l a n Pu b l i c H e a r i n g D r a f t 61 Ju l y 2 0 1 6 Ma 7. Land Use Plan -General Commercial D Central Commercial Low Density Residential -Airport Industrial -Mixed Use -Industrial Institutional Parks, Recreation & Open Space Data Source: City of Kenai _,,,.-· 2016 I ·-·-·-·, t ' \ j ,·"' 0.5 2 Miles Date: 10/14/2016 Page 39 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3384-2023 AN ORDINANCE CANCELLING PREVIOUSLY APPROPRIATED PROJECTS, AUTHORIZING A TRANSFER OF FUNDS FROM THE WASTEWATER FACILITY CAPITAL PROJECT FUND TO THE WATER AND SEWER CAPITAL PROJECT FUND AND APPROPRIATING SUPPLEMENTAL FUNDS FOR THE CONSTRUCTION OF A NEW WATER PUMP HOUSE AT THE CITY’S WATER TREATMENT FACILITY. WHEREAS, the Water and Sewer Utility’s number one capital priority in the 2024-2028 Capital Plan was construction of a new pumphouse at the Utilities Water Treatment Facility; and, WHEREAS, construction of the pumphouse was contingent on receiving grant funds; and, WHEREAS, on August 1, 2023 the City was notified the project was eligible for a $1,200,000 loan from the Alaska Drinking Water Fund and loan forgiveness of $1,200,000; and, WHEREAS, with the assistance of Bond Counsel, it was determined that if the City paid for the cost of construction and then sought reimbursement that the City would not incur debt: and, WHEREAS, the City has identified other projects which may be canceled to provide the needed funding to pay for the upfront cost of construction; and, WHEREAS, projects in the Wastewater Facility Capital Project Fund to be canceled include design of a remodel of the Wastewater Facility Operations Building, $300,000, Wastewater Facility Aeration Basin Recoating, $90,000, and Wastewater Facility Pump House Recoating, $40,000; and, WHEREAS, canceling of the projects in the Wastewater Facility Capital Project Fund will provide for a transfer of $400,000 to the Water and Sewer Capital Project Fund and the return of $30,000 to the Water and Sewer Special Revenue Fund; and, WHEREAS, projects in the Water and Sewer Capital Project Fund to be canceled include the project to design disinfectant generation equipment, $100,000, and the project for improvements at the utilities Reservoir #1, $300,000; and, WHEREAS, the $400,000 in funds made available from canceling projects in the Water and Sewer Capital Project Fund will be combined with the $400,000 being transferred from the Wastewater Facility Capital Project Fund, $400,000 to supplement the $400,000 previously appropriated for the design of a new pump house for a total project budget of $1,200,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the following previously appropriated projects in the Wastewater Facility Capital Project Fund are canceled: 1. Wastewater Facility Operations Building Remodel Design $300,000 2. Wastewater Facility Aeration Basin Recoating 90,000 3. Wastewater Facility Pump House Recoating 40,000 $430,000 Page 40 Ordinance No. 3384-2023 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That the following previously appropriated projects in the Water and Sewer Capital Project Fund are canceled: 1. Disinfectant Generation Equipment Design $100,000 2. Reservoir #1 Pumphouse Improvement 300,000 $400,000 Section 3. That the following transfers in the Wastewater Facility Capital Project Fund are authorized: Transfer to Water and Sewer Capital Project Fund $400,000 Transfer to Water and Sewer Special Revenue Fund 30,000 $430,000 Section 4. That estimated revenues and appropriations be increased as follows: Water and Sewer Capital Project Fund: Increase/Decrease revenues: Appropriation of Fund Balance $400,000 Transfer from Wastewater Facility Capital Project Fund 400,000 $800,000 Increase/Decrease expenditures – Water Treatment Pumphouse Project – Construction $800,000 Section 5. 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 6. 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 3RD DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 20, 2023 Enacted: January 3, 2024 Effective: January 3, 2024 Page 41 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: December 13, 2023 SUBJECT: Ordinance No. 3384–2023 Water Pump House The purpose of this memo is to clarify the prioritization of funds in the Water and Sewer Capital Project Funds. As Council has already been informed, the department was successful in applying for and receiving a $1,200,000 grant in support of our Water Pump House project. This project is intended to resolve a primary deficiency within our water distribution system. Our city does not have a water tower to provide constant water pressure. Our system is dependent upon pumps to provide and maintain that pressure. These pumps operate off of electricity, and a loss or interruption in power, results in a rapid drop in water pressure. This project will provide a new structure to house multiple new distribution pumps, controls and all appurtenances including back up power. Preliminary design work had already been completed at the time the water treatment plant was developed a little over a decade ago. This structure did not go forward at that time due to a lack of funding. Those drawings are being updated to todays codes as well as to comply with grant requirements. Regarding the projects that are being canceled to support this work, the Wastewater Operations Facility remains a high priority and the design for this project will be moved to FY2025 in the upcoming draft of the Capital Improvement Plan. The Disinfectant Generation Equipment and Airport Reservoir project will also move forward at later dates and will be detailed within the upcoming Capital Improvement Plan to reflect the change. The Aeration Basin Recoating project was intended to be completed with internal department staff. This project has not been able to move forward due to staff time constraints and will be evaluated for a future project to be bid out to contractors. The WWTP Pump House Recoating project was completed, with staff using a small amount of operational funds. The $40,000 allocated to this work is no longer needed. Transferring of these funds in support of the Water Pump House Project is in the best interest of the City. The Design work will continue through the winter with an Invitation to Bid tracking for a 2nd quarter 2024 release. Council’s support is respectfully requested. Page 42 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2024-01 A RESOLUTION APPROVING THE USE OF THE FLEET REPLACEMENT FUND FOR THE PURCHASE OF TWO FORD POLICE RESPONDERS UTILIZING THE STATE OF ALASKA EQUIPMENT FLEET CONTRACT. WHEREAS, the City evaluated its utility vehicles within its fleet to determine the efficiency of current vehicles and replacement needs; and, WHEREAS, the City fleet replacement plan calls for the replacement of three police vehicles in FY24, two police trucks and one SUV, and the police trucks are currently available under a State Of Alaska Equipment Fleet Contract; and, WHEREAS, the Police Department requests to order/purchase two Ford Police Responders (trucks) for a total estimated cost of $106,458; and, WHEREAS, funds for this purchase are available in the Fleet Replacement Fund and this purchase; and, WHEREAS, Kenai Municipal Code 7.15.070(b)(4) allows the City to purchase equipment without competition if the equipment is purchased under the contract of another governmental agency in which the City is authorized to participate; and, WHEREAS, in past years the City of Kenai has purchased Police Department vehicles through the State of Alaska Equipment Fleet Contract and this purchase is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to use the Fleet Replacement Fund for the purchase of two police vehicles at an estimated cost of $106,458. Section 2. That the City Manager is authorized to use State of Alaska Equipment Fleet Contract for the purchase of two Ford Police Responders (trucks) from Kendall Ford for an estimated cost of $106,458, in accordance with KMC 7.15.070(b)(4). Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance:______________ Page 43 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Ross, Police Chief DATE: December 22, 2023 SUBJECT: Resolution 2024-01 - Purchase of Police Vehicles with Fleet Replacement Fund This Resolution authorizes the purchase of two Ford Police Responders (Trucks) for use as police vehicles utilizing the City’s Fleet Replacement Fund for the purchase. Additionally, it authorizes the purchase of the vehicles through Kendal Ford, under the Alaska State equipment fleet contract for police vehicles. The total cost of the two vehicles is $106,458. In accordance with the City’s fleet replacement plan, the police department was scheduled to replace three police vehicles in FY24. The replacement plan calls for two trucks and one SUV to be purchased in FY24. The State of Alaska fleet contract pricing has recently become available on the Ford Police Responder (Truck). We anticipate evaluating SUV options under the State contract in the near future, and therefore the purchase of an SUV is not included in this resolution. KMC 7.15.070(b)(4) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another government agency in which contract the City is authorized to participate. Thank you for your consideration. Page 44 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2024-02 A RESOLUTION AMENDING THE AUTHORIZED STAFFING TABLE BY ADDING A PART TIME ADMINISTRATIVE ASSISTANT II POSITION TO THE PLANNING AND ZONING DEPARTMENT. WHEREAS, Ordinance 3353-2023 adopted the annual budget, salary schedule, employee classification plan and authorized staffing table for the fiscal year commencing July 1, 2023 and ending June 30, 2024; and, WHEREAS, KMC 23.20.020 allows for amendment to the employee classification plan by adoption of the annual budget ordinance or by resolution; and, WHEREAS, the annual budget includes current authorized staffing for a full-time Administrative Assistant III in the Planning and Zoning Department; and, WHEREAS, adding an additional part-time Administrative Assistant II will improve efficiency and organizational flexibility in the Planning and Zoning Department; and, WHEREAS, a position description was created for the Administrative Assistant II, assigned at a range 14 in the City’s Classification Plan; and, WHEREAS, the addition of a part-time Administrative Assistant II will not result in an increase to the current FY24 budget due to staffing vacancies; and, WHEREAS, if this staffing allocation were approved through the FY25 budget process, would result in an estimated increase of $27,000 in the Planning and Zoning salaries budget beginning in FY25 and beyond; and, WHEREAS, changes in staffing traditionally occur during the annual budget process but because of current vacancies the request is being brought forward at this time; and, WHEREAS, this amendment ensures that the Planning and Zoning Department will be sufficiently staffed comparable with other departments within the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council amends the Authorized Personnel Staffing Table by adding the part time Administrative Assistant II to the Planning and Zoning Department as follows: Planning & Zoning FTE Department Planning Director 0.7 Administrative Assistant III 1.0 Administrative Assistant II 0.5 Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor Page 45 Resolution No. 2024-02 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance _________________ Page 46 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director Linda Mitchell, Planning and Zoning Director DATE: December 22, 2023 SUBJECT: Resolution 2024-02 – Amending Authorized Staffing in the Planning and Zoning Department This resolution amends the Authorized Personnel Staffing Table to address ongoing workload challenges in the Planning and Zoning Department by adding a part-time Administrative Assistant II at pay range 14. A full-time Administrative Assistant III position was approved in the Planning and Zoning Department as part of the FY24 budget. However, due to recruitment challenges, Human Resources worked with the Planning Director to explore alternative staffing solutions. This resulted in the creation of two part-time Administrative Assistant II positions at a range 14. One of the part-time positions was successfully filled. After evaluating the structure of the Planning and Zoning department, Human Resources analyzed the duties and responsibilities of positions with the department and collaborated with the Planning Director to revise the Administrative Assistant III job description to include responsibilities of a Planning Technician. This updated role is similar to comparable positions in other places of public employment and other Administrative Assistant III positions within the City that are classified at a range 15. The Administrative Assistant III/Planning Technician position will provide necessary technical support, improve responsiveness to residents and businesses in the community, and ensure the department's continued ability to carry out its essential functions. This amendment would add the existing part-time Administrative Assistant II to the Authorized Personnel Staffing Table and increase the full time equivalent (FTE) for the Planning and Zoning Department by .5. Due to staffing vacancies within the department, the addition of a part-time position will not result in an increase to the current FY24 budget; however, it would result in an estimated increase of $27,000 in the Planning and Zoning salaries budget beginning in FY25 Passage of this resolution will allow the Planning and Zoning Department to immediately begin recruitment to fill the Administrative Assistant III/Planning Technician position. Your consideration is appreciated. Page 47 KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 20, 2023 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING City of Kenai Council Meeting Page 1 of 8 December 20, 2023 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on December 20, 2023, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Henry Knackstedt, Vice Mayor Phil Daniel Deborah Sounart James Baisden Victoria Askin A quorum was present. Absent: Alex Douthit Also in attendance were: **Xinlan Tanner, Student Representative Terry Eubank, City Manager Scott Bloom, City Attorney (remote participation) David Swarner, Finance Director Linda Mitchel, Planning Director Scott Curtin, Public Works Director Derek Ables, Airport Manager Dave Ross, Police Chief Shellie Saner, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add to Item H. 3. *Action/Approval - Special Use Permit to Beacon Occupational Health and Safety Services. • Airport Commission Recommendation Memo. Add Item H. 14. *Action/Approval - Letter Supporting KPEDD’s Application to EDA for a Three-Year Partnership Planning Program. MOTION: Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Askin SECONDED the motion. The items on the Consent Agenda were read into the record. Page 48 City of Kenai Council Meeting Page 2 of 8 December 20, 2023 Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS 1. Services Provided by the LeeShore Center, Cheri Smith, Executive Director Cheri Smith, Executive Director of the LeeShore Center addressed the Council regarding the History of the LeeShore Center noting the center incorporated as a nonprofit in 1979; was build with volunteer donated materials and the shelter doors opened in 1985. The center operates a 35-bed shelter and a 25- bed transitional housing facility, providing services from Clam Gulch to Moose Pass; the shelter services men, women and children; and are a part of the Sexual Assault Response Team for our community. D. UNSCHEDULED PUBLIC COMMENTS Marion Nelson, Kenai Fine Art Center Board President addressed the Council explaining the different types of shows; the Call for Art; and the upcoming shows in 2024. Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center provided an update on the year end wrap up; pending corrections to the Old Town Walking Tour; the Moose Meat Johns Cabin being closed for the foreseeable future do to needed repairs to make it safe for the public; and summarized some of the upcoming 2024 events. E. PUBLIC HEARINGS 1. Ordinance No. 3381-2023 - Repealing Kenai Municipal Code Appendices - Public Record Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of Public Records and Re-Enacting Kenai Municipal Code 10.40 - Access to Public Records. (Baisden) MOTION: Council Member Baisden MOVED to enact Ordinance No. 3381-2023. Council Member Sounart SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that the re-enacted code would combine what was previously located in the appendices and code and update it and the more substantial changes included a section for response by departments which codified current practices related to fire and police requests; litigation disclosure; denials must include reference to the law protecting the record from disclosure; and appeals would now go to the Superior Court instead of to Council. VOTE: YEA: Gabriel, Daniel, Sounart, Knackstedt, Baisden, Askin NAY: None ABSENT: Douthit **Student Representative Tanner: Yea MOTION PASSED. Page 49 City of Kenai Council Meeting Page 3 of 8 December 20, 2023 2. Ordinance No. 3382-2023 - Amending Kenai Municipal Code Chapter 7.05 Taxation of Real and Personal Property to Provide an Exemption on the First $100,000 of Assessed Valuation Other Than Motor Vehicles and Watercraft Owned by Each Taxpayer and Making Housekeeping Changes. (Gabriel, Knackstedt, Baisden, Daniel, Askin, Sounart, Douthit) MOTION: Council Member Baisden MOVED to enact Ordinance No. 3382-2023. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center addressed the Council regarding the letter of support included in the packet from the Kenai Chamber of Commerce. There being no one else wishing to be heard, the public comment period was closed. It was reported that residents of the Kenai Peninsula Borough and City of Soldotna already had this exemption; it would resulted in property tax relief of roughly $435 per year, an overall decrease to the City of $35,000; however, would be an investment by the City in our local businesses. There was discussion regarding how this would benefit the City. VOTE: YEA: Daniel, Sounart, Knackstedt, Baisden, Askin, Gabriel NAY: None ABSENT: Douthit **Student Representative Tanner: Yea MOTION PASSED. 3. Resolution No. 2023-66 - Adopting an Alternative Allocation Method for the FY24 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Fisheries Management Area 14: Cook Inlet Area. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2023-66. Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the amount being down and that the funding had never been a major revenue source. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 4. Resolution No. 2023-67 - Authorizing a Contract Award and Corresponding Purchase Order for the 2023 Community Wildfire Protection Plan Mitigation Phase Two Project. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2023-67. Council Member Sounart SECONDED the motion. Page 50 City of Kenai Council Meeting Page 4 of 8 December 20, 2023 Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that the Forest Service did not want trees cut when the beetles were active; trees cut on steep terrain would remain where they fell and trees on level terrain would be removed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2023-68 - Declaring a Portion of Outside Way as Dedicated on Townsite of Kenai (US Survey 2970) is No Longer Needed for a Public Purpose and Consenting to Vacation of the Right-Of-Way. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2023-68. Council Member Baisden SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that a similar request was received and approved in 1994; however, the paperwork was never filed with the Kenai Peninsula Borough; this would create a street on the back side; and this would require the full 60-feet vacation. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 6. Resolution No. 2023-69 - Naming the Dedicated Right-Of-Way on the Preliminary Plat for Kenai Townsite Oiler’s 2024 Addition “Oiler’s Street.” (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2023-69. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Support for the name was stated. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. F. MINUTES 1. *Regular Meeting of November 15, 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 - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) Approved by the consent agenda. Page 51 City of Kenai Council Meeting Page 5 of 8 December 20, 2023 3. *Action/Approval - Special Use Permit to Beacon Occupational Health and Safety Services for Use of Office Space at the Alaska Regional fire Training Facility. (Administration) Approved by the consent agenda. 4. *Action/Approval - Special Use Permit to Alaska Sure Seal for Snow Storage. (Administration) Approved by the consent agenda. 5. *Action/Approval - Special Use Permit to Schillings Alaska, Inc. for Snow Storage. (Administration) Approved by the consent agenda. 6. *Action/Approval - Confirmation of Mayoral Nominations for Partial Term Appointments to the Council on Aging and Beautification Committee. (Gabriel) Approved by the consent agenda. 7. *Ordinance No. 3383-2023 - Amending the Official Zoning Map by Rezoning all Parcels within the Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District. (Administration) Introduced by the consent agenda and Public Hearing set for January 3, 2024. 8. *Ordinance No. 3384-2023 - Cancelling Previously Appropriated Projects, Authorizing a Transfer of Funds from the Wastewater Facility Capital Project Fund to the Water and Sewer Capital Project Fund and Appropriating Supplemental Funds for the Construction of a New Water Pump House at the City’s Water Treatment Facility. (Administration) Introduced by the consent agenda and Public Hearing set for January 3, 2024. 9. Action/Approval - Authorizing Memorandum of Agreement with the Kenai Peninsula Borough for Tourism Promotion. (Administration) MOTION: Vice Mayor Knackstedt MOVED to authorize the Memorandum of Agreement. Council Member Baisden SECONDED the motion. It was reported the Kenai Peninsula Borough Code prohibited promotion of tourism within the City’s and this agreement is the mechanism needed for the borough to do so. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 10. Discussion - Schedule a Budget Goals Work Session. (Administration) A Budget Goals Work Session was scheduled for January 3, 2024 at 4:30 p.m. 11. Discussion - Scheduling a CIP Work Session. (Administration) A Capital Improvement Project Work Session was scheduled for January 17, 2024 at 4:30 p.m. 12. Discussion - Scheduling a Joint Work Session with Kenaitze Indian Tribe. (Administration) A Joint Work Session with the Kenaitze Indian Tribe was scheduled for January 18, 2023 at 6:00 p.m. The Work Session would be held at the Tyotkas Elder Center located at 1000 Mission Avenue in Old Town Kenai. Page 52 City of Kenai Council Meeting Page 6 of 8 December 20, 2023 13. Discussion/Action - Virtual Meeting Participation. (City Clerk) There was discussion regarding the analytic data provided noting zero participation during the meetings of advisory bodies and although there are more attendees during meetings of City Council and Planning & Zoning Commission the actual participation is very low; the Zoom platform being the most commonly used platform for public meetings; and the value of written comments being submitted. Options discussed included discontinued use for public participation; however, keeping some type of software option available for staff or members of the body to participate remotely when unable to attend in person; requiring public to sign up in advance of a meeting; allowing only public participation by individuals directly affected by the land ownership. General direction was given to the Clerk to draft a policy that would remove virtual participation by the public from meetings of the advisory bodies; maintain virtual participation options for members of the advisory bodies, presenters or staff required; and include webinars for meetings of the City Council and Planning & Zoning Commission. 14. *Action/Approval - Letter Supporting KPEDD’s Application to EDA for a Three-Year Partnership Planning Program. (Administration) Approved by the consent agenda. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging No report, next meeting January 11, 2024. 2. Airport Commission Vice Mayor Knackstedt reported on the December 14, 2023 meeting. 3. Harbor Commission No report, next meeting February 12, 2024. 4. Parks and Recreation Commission No report, next meeting January 4, 2024. 5. Planning and Zoning Commission No report, next meeting December 27, 2023. 6. Beautification Committee No report, next meeting January 9, 2024. J. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attending the Senior Center Thanksgiving Lunch sponsored by Hilcorp; Christmas Comes to Kenai; LeeShore Volunteer Appreciation Dinner; the Alaska Municipal League Conference; the Alaska Conference of Mayors; the Kenai Senior Connections Lunch honoring Buck Steiner for 25-years of service on the board; and the Wreaths Across America fundraiser. • Receiving and invitation Mayor Dave Bronson of Anchorage to join the Southcentral Mayors’ Energy Coalition to consider the energy needs of Southcentral Alaska; the coalition would explore options to meet the energy needs, while assessing costs and the availability of natural resources and communicate those findings back to their constituents. Page 53 City of Kenai Council Meeting Page 7 of 8 December 20, 2023 K. ADMINISTRATION REPORTS 1. City Manager – City Manager Eubank reported on the following: • Provided an update on the Bluff Stabilization project noting it had been released for bids by the Army Corps of Engineers. • Attending the Municipal Managers Conference and the Alaska Municipal League Conference. • Working on the Old Town Walking Path with the Rotary Club. • Emergency Service Employees receiving a Life Saver Award, the Officers were on site within 3 minutes of the call. • Reminded everyone that Christmas Day would be the 20th Anniversary of the death of Officer John Watson. 2. City Attorney – City Attorney Bloom reported on the following: • Thanked the Council for the opportunity to attend the Alaska Municipal Attorney Conference. 3. City Clerk – City Clerk Saner reported on the following: • Commission Survey had closed and the results would be presented to each commission during the review process beginning in January. • Next meeting for the Voter Turn Out Working Group would be December 21, 2023. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) - None. 2. Council Comments Student Representative Tanner reported on Connection activities including Ice Skating; Food Baskets; Holiday Movie; Moose Hunt Education. Kenai Alternative High School activities including Funding your Future event; Annual Grinch Day. Kenai Central High School sports update. Council Member Sounart noted that she had been busy practicing and participating in school music concert and the Kenai Peninsula Orchestra and Choir were back together after four years. She wished everyone a Merry Christmas and Happy New Year. Council Member Askin noted attending the Senior Center Thanksgiving Lunch hosted by Hilcorp; Christmas Comes to Kenai; and the Alaska Municipal League Conference (AML) stating she had attended the session on opioids and it was frightening how much of it was in Alaska. She thanked our Fire Fighters and Police Officers, stating she would never forget Officer John Watson and wished everyone a Merry Christmas and Happy New Year. Council Member Daniel thanked all of our First Responders, noting how much kids loved it when the Resource Officers are in the schools for the DARE program. He reported attending the Alaska Municipal League Conference and the benefits of hearing from other communities in our state and the issues they are facing. He wished everyone a Merry Christmas and Happy New Year Council Member Baisden wished everyone a Merry Christmas and stated the importance of remembering Officer John Watson. Vice Mayor Knackstedt noted attending the LeeShore Center Volunteer Appreciation; and the Alaska Municipal League Conference. M. EXECUTIVE SESSION - None. N. PENDING ITEMS - None. Page 54 City of Kenai Council Meeting Page 8 of 8 December 20, 2023 O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 8:33 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 20, 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 55 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JANUARY 3, 2024 VENDOR DESCRIPTION PERS PERS ENSTAR NATURAL GAS GAS USAGE INVESTMENTS VENDOR DESCRIPTION DEPARTMENT VARIOUS VARIOUS MATURITY DATE ACCOUNT LIABILITY UTILITIES AMOUNT AMOUNT 112,627.54 41,398.45 Effect. Int. Page 56 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members THROUGH: Shellie Saner, City Clerk FROM: Meghan Thibodeau, Deputy City Clerk DATE: December 18, 2023 SUBJECT: Marijuana License Renewals – Red Run Cannabis The following establishment submitted applications to the Alcohol and Marijuana Control Office (AMCO) for a renewal of marijuana licenses: Applicant: Red Run Cannabis Cultivators, LLC. D/B/A: Red Run Cannabis Cultivators, LLC License Type: Marijuana Product Manufacturing Facility License No: 19372 License Type: Standard Marijuana Cultivation License No: 10052 Applicant: Red Run Cannabis Company, LLC. D/B/A: Red Run Cannabis Company, LLC License Type: Retail Marijuana Store License No: 10056 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 57 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 8, 2023 Licensee: Red Run Cannabis Cultivators, LLC DBA: Red Run Cannabis Cultivators, LLC VIA email: marc@redruncannabiscompany.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Via Email: micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jbeauchamp@kpb.us cityclerk@kenai.city Re: Marijuana Product Manufacturing Facility #19372 Combined Renewal Notice License Number: #19372 License Type: Marijuana Product Manufacturing Facility Licensee: Red Run Cannabis Cultivators, LLC Doing Business As: Red Run Cannabis Cultivators, LLC Physical Address: 12516 Kenai Spur Hwy Suite A Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3 AAC 306.060. At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications. However, the board is required to consider this application HE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 58 independently if you have been issued any notices of violation for this license, if your local government protests this application, or if a public objection to this application is received within 30 days of this notice under 3 AAC 306.065. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2023/2024 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary, the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Joan M. Wilson, Director 907-269-0350 ---v(#'5/ 1/1/' 7tf' ~ • Page 59 Action History (UTC-08:00) Pacific Time (US & Canada) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/8/2023 5 :15 :45 PM (Form Submission) by Tina Williamson 11/8/2023 5 :16:59 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: November 17, 2023 5:00 PM 11/8/2023 5:15 :47 PM by Cindy Herr 11/9/2023 12 :42:32 PM (Legal Asst Review) "There are no monies owed in traffic fines or restitution . • The task was assigned to Cindy Herr. The due date is : November 17, 2023 5:00 PM 11/8/2023 5:15:47 PM by David Ross 11/9/2023 4 :56:56 PM (Police Department Review) • The task was assigned to David Ross . The due date is : November 17, 2023 5 :00 PM 11/8/2023 5:15:46 PM by Jeremy Hamilton 11/16/2023 12:28:09 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton . The due date is : November 17, 2023 5:00 PM 11/8/2023 5:15:46 PM by Linda Mitchell 12/4/2023 5:52:30 PM (Lands Review) • The task was assigned to Linda Mitchell. The due date is: November 17, 2023 5 :00 PM 11/8/2023 5:15:47 PM by Linda Mitchell 12/4/2023 5:53:08 PM (P&Z Department Review) • The task was assigned to Linda Mitchell. The due date is: December 13, 2023 5 :00 PM 12/4/2023 5:52:31 PM by David Swarner 12/5/2023 9 :07 :44 AM (Finance Review) • The task was assigned to David Swarner. The due date is : December 13 , 2023 5:00 PM 12/4/2023 5:52:31 PM by Scott Bloom 12/6/2023 9:02:18 AM (Legal Review) • The task was assigned to Scott Bloom . The due date is : December 13, 2023 5 :00 PM 12/4/2023 5:52:31 PM by Donald Hendrickson 12/15/2023 1: 14 :40 PM (Building Official Review) • The task was assigned to Donald Hendrickson . The due date is : November 17, 2023 5:00 PM 11/8/2023 5:15:46 PM Page 60 AMCO License Application Date 11/8/2023 Establishment Information License Type Marijuana Product Manufacturing Facility Licensee Red Run Cannabis Cultivators, LLC Doing Business As Red Run Cannabis Cultivators, LLC Premises Address 12516 Kenai Spur Highway, Suite A Contact Information Contact Licensee Marc Theiler Contact Phone No. 907-953-9453 Additional Contact Information Name Roger Boyd Phone No. 907-398-7848 Documents File Upload 19372 MJ-20 Marc.pdf 19372 MJ-20 Roger.pdf 19372 Online App_Redacted.pdf City, State Kenai, AK Contact Email marc@redruncannabiscompany.com Email rogerboyd@hotmail .com 884.77KB 874.54KB 146.13KB 19372 Red Run Cannabis Cultivators, LLC 2023-2024 Renewal Notice.pdf 306.02KB Page 61 5/24/2023 Recived AMCO Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 ma ri juana .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 ren ewal application ce rtificati ons form is r eq uired for all mariju ana establ ishmen t l icen se renewal app lications. Each p er so n sign ing an applicati on for a ma r ijuana esta blis hment li ce nse must declare that he/she h as read an d is familiar with AS 17.38 and 3 AAC 30 6. A person other t han a licensee may not have di rect o r indirect fi nancial inter est (as defin ed in 3 AAC 306.0 l S(e)(l)) in t he bu siness for which a mariju ana establishme nt li cense is i ssued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal app lication will be considered complete. Section 1 -Esta blishment I nformation Enter infor mation for t he license d establis hment, as ident ified o n the license application. Licensee: Red Run Cannabis Cultivators , LLC I License Number: I 19372 License Type: Marijuana Product Manufacturing Faci lity Doing Business As: Red Run Cannabis Cultivators , LLC Premises Address : 5455 Kenai Spur Highway, Suite A City: Kenai I State : I Alaska I z1P: 199611 Section 2 -Individual I nformation Enter infor mat ion for t he in dividual licensee who is co mpleting this for m. I Name: I Marc Theiler Member Section 3 -Violati ons & Charges Read each line below, and then sign your initials in the box to the right of any applicab le statements : I certify t hat I h ave not been con victed of any crimin al charge in the previous t wo calendar yea r s. I certify that I have not com mitted any civil vio lation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar year s. I certify t hat a notice of violat ion has not been issued for this license betw ee n Jul y 1, 2022 and Ju ne 30, 2023. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: I have attached a written expl anation for w hy I cannot certify one or more of the above stat ement s, which includes t he t y pe of violatio n or offense, as req ui red under 3 AAC 30 6.035 (b). [Form MJ-20) (rev 5/1/2023) In itia ls Initials □ Page 1 of 2 Page 62 5/24/2023 Recived AMCO 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 renewa l appl ica tion has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been i ssued. 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 applica ble health, fire, safety, or tax statute, ordinance, regulation , or other law in the state. I certify that the licens e is op erated in accordance with t he operating plan cu rrently approved by the Marijuana Control Board. I certify that I am operating in complia nce with the Alaska Department of Labor an d Workforce Development's laws and requirements pertaining to employees . I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.03S(d). If I have multiple marijuana licenses being r enewed, 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 subsc ribing to this app lication and that I have read the complete application, and I know the full content thereof. I declare that all of the information co nta ined herein, and evidence or other documents submitt ed are true and correct. I understand that any falsification or misrepresentation of any item o r response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand th at it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and comm it the crime of unsworn falsification. Marc Theiler Printed name of licensee Signature of lice nsee Initials [Form MJ-20] (rev 5/1/2023) License# 19372 Page2of2 Page 63 5/24/2023 Recived AMCO Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.l icen si ng@al aska .gov https://www.commerce.alaska.gov/web/amco Alaska Marijuana Control Board Phone : 907.269.0350 Form MJ-20: 2023-2024 Renewal Application Certifications Why is this form needed? This renewal application certificati ons form is r equired for all marijuana establishment license renewal applications. Each per son sign ing an application for a ma rijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial inter est (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establ ishment li cense is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application. Licensee: Red Run Cannabis Cultivators , LLC I License Number: I 19372 License Type: Marijuana Product Manufacturing Facility Doing Business As: Red Run Cannabis Cultivators, LLC Premises Address : 5455 Kenai Spur Highway, Suite A City: Kenai I State: I Alaska I z1P: 199611 Section 2 -Individual Information Enter information for the indivi dual licensee who is completing this form. I Name: I Roger Boyd Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not comm itted any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the pr evious two calendar years. I certify that a notice of violati on has not been issued for this license between July 1, 2022 and Jun e 30, 2023. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: I have attached a written explanation for why I cannot certify one or more of the above statements, which include s the type of violation or offense, as required under 3 AAC 306.035(b). [Form MJ-20] (rev 5/1/2023) In itials Initials □ Page 1 of 2 Page 64 5/24/2023 Recived AMCO 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 estab lishme nt license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued. I certify that I meet the resi d ency requirement under AS 43.23 or I have sub mitted a residency exception affidavit (MJ -20a) along with this application. I certify that this establishment complies with any applicable health, fire, saf ety, or tax statute, ordinance, regu lation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the M arijuana 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 empl oyees. I certify that I have not violated any r estrictions 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 to obtain crimi nal justi ce information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint ca rd and fee will suffice for all marijuana lice nses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are tru e and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this app lication, is sufficient grounds for denying or r evoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Stat ute 11.56.210 to falsify an application and commit the crim e of unsworn falsification. Roger Boyd Printed name of licensee Initials [Form MJ-20) (rev 5/1/2023) License# 19372 Page 2 of 2 Page 65 144 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 Tuesday, November 14, 2023 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Marijuana Product Manufacturing Facility Business Name : Red Run Cannabis Cultivators, LLC License Location : Kenai/12516 Kenai Spur Hwy Suite A, Kenai, AK 99611 License No. : 19372 Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: marc@kenaiattorney.com amco.localgovernmentonly@alaska.gov Page 66 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 8, 2023 Licensee: Red Run Cannabis Cultivators, LLC DBA: Red Run Cannabis Cultivators, LLC VIA email: marc@redruncannabiscompany.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Via Email: micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jbeauchamp@kpb.us; cityclerk@kenai.city Re: Standard Marijuana Cultivation Facility #10052 Combined Renewal Notice License Number: #10052 License Type: Standard Marijuana Cultivation Facility Licensee: Red Run Cannabis Cultivators, LLC Doing Business As: Red Run Cannabis Cultivators, LLC Physical Address: 5455 Kenai Spur Highway Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3 AAC 306.060. At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications. However, the board is required to consider this application independently if you have been issued any notices of violation for this license, if your local government HE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 67 protests this application, or if a public objection to this application is received within 30 days of this notice under 3 AAC 306.065. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2023/2024 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary, the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Joan M. Wilson, Director 907-269-0350 --.,,U'5/ry' Jtj' ~ • Page 68 Action History (UTC-08:00) Pacific Time (US & Canada) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/8/2023 4 :21 :36 PM (Form Submission) by David Ross 11/8/2023 5:07:25 PM (Police Department Review) • The task was assigned to David Ross. The due date is: November 17, 2023 5:00 PM 11/8/2023 4:21 :38 PM by Tina Williamson 11/8/2023 5 :18:39 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: November 17, 2023 5:00 PM 11/8/2023 4:21 :38 PM by Cindy Herr 11/9/2023 12 :39:25 PM (Legal Asst Review) "There are no monies owed in traffic fines or restitution . • The task was assigned to Cindy Herr. The due date is: November 17, 2023 5:00 PM 11/8/2023 4:21 :39 PM by Linda Mitchell 11/15/2023 11:49 :47 AM (Lands Review) • The task was assigned to Linda Mitchell. The due date is: November 17, 2023 5 :00 PM 11/8/2023 4:21 :39 PM by Linda Mitchell 11/15/2023 11 :50 :31 AM (P&Z Department Review) • The task was assigned to Linda Mitchell. The due date is: November 24, 2023 5 :00 PM 11/15/2023 11:49:49 AM by David Swarner 11/15/2023 12:05:22 PM (Finance Review) • The task was assigned to David Swarner. The due date is: November 24, 2023 5:00 PM 11/15/2023 11:49:48 AM by Scott Bloom 11/15/2023 3:39 :11 PM (Legal Review) • The task was assigned to Scott Bloom. The due date is: November 24, 2023 5:00 PM 11/15/2023 11:49:49 AM by Jeremy Hamilton 11/16/2023 12:38:38 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is : November 17, 2023 5:00 PM 11/8/2023 4:21 :37 PM by Donald Hendrickson 12/15/2023 1: 14 :25 PM (Building Official Review) • The task was assigned to Donald Hendrickson . The due date is : November 17, 2023 5:00 PM 11/8/2023 4:21 :38 PM Page 69 AMCO License Application Date 11/8/2023 Establishment Information License Type Standard Marijuana Cultivation Faciltity Licensee Red Run Cannabis Cultivators, LLC Doing Business As Red Run Cannabis Cultivators, LLC Premises Address 5455 Kenai Spur Highway Contact Information Contact Licensee Marc Theiler Contact Phone No. 907-953-9453 Additional Contact Information Name Roger Boyd Phone No. 907-398-7848 Documents File Upload 10052 MJ-20 Marc.pdf 10052 MJ-20 Roger.pdf 10052 Online App_Redacted.pdf City, State Kenai, AK Contact Email marc@redruncannabiscompany.com Email rogerboyd@hotmail.com 878.32KB 881 .07KB 145.8KB 10052 Red Run Cannabis Cultivators, LLC 2023-2024 Renewal Notice.pdf 305.9KB Page 70 5/24/2023 Recived AMCO Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licens ing@alaska .gov https://www .commerce.a laska.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 en ewa l application certifications form is r equired for all marijuana establi shment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17 .38 and 3 AAC 306. A person other than a licensee may not have direct o r ind irect financial interest {as defined in 3 AAC 306.0lS(e)(l)) i n the business for w hich a marijuana establishment license is issued, per 3 AAC 306.0lS{a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306 .020(b)(2)) before any license renewal application will be considered complete . Section 1 -Establishment Information Enter information for t h e licensed establishment, as identified on the license application. Licensee: Red Run Cannabis Cultivators, LLC I License Number: I 10052 License Type: Standard Marijuana Cultivation Facility Doing Business As: Red Run Cannabis Cultivators, LLC Premises Address: 5455 Kenai Spur Highway City: Kenai I State: I Alaska I ZIP: 199611 Section 2 -Individual Information Enter informat ion for the individual li ce nsee who is completing this form. I Name: I Marc Theiler Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify t h at I have not been convicted of any crimi nal charge in the previous two calendar years. I certify that I have not comm itted any civil vio lation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued for this license between July 1, 2022 and June 30, 2023. Sign your initials to the following statement only if you are unable to certify one or more of the above statements : I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation o r offense, as r equired under 3 AAC 306.03S{b). [Form MJ-20] {rev 5/1/2023) Initials Initials □ Page 1 of2 Page 71 5/24/2023 Recived AMCO 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 application has a direct or Indirect financial interest, as defined in 3 AAC 306.0lS(e){l), in the business for which the marijuana esta blish ment license has been issu ed. I certify that I meet the residency requirement under AS 43.23 or I have submitted a resi dency exception affidavit (MJ-20a) along with this application. I certify that this establis hment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in comp li ance with the Alaska Department of Labor and Wor kforce Development's laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a co ndition or restriction Imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.03S(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are h eld, list all license numbers below: I,. /00,/6 I hereb y certify that I am the person herein named and subscribing to this application and that I have read the co mpl et e application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this applica tion, is sufficient grounds for denying or r evoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Marc Theiler Printed name of li censee ~f licensee Initials [Form MJ-20] (rev 5/1/2023) License# 10052 Page 2 of 2 Page 72 5/24/2023 Recived AMCO Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensi ng@a iaska .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 certifications form is requ ired for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establis hment license must decla re that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as d efined in 3 AAC 306.0lS(e)(l)) in the bu siness for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed esta blishment, as identified on the l icense application. Licensee : Red Run Cannabis Cultivators , LLC I License Number : I 10052 License Type: Standard Marijuana Cultivation Facility Doing Business As: Red Run Cannabis Cultivators, LLC Premises Address: 5455 Kenai Spur Highway City: Kenai I State: I Alaska I ZIP: 199611 Section 2 -Individual Information Enter information for the individual licensee w ho is comp leting this form . I Name, I Roger Boyd Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not been co nvicted of any criminal charge in the previous two calenda r years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previou s two ca lendar yea r s. I certify that a notice of violation has not been issued for this license between July 1, 2022 and June 30, 2023. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation o r offense, as required under 3 AAC 306.035(b). [Form MJ-20) (rev 5/1/2023) Initial s Initial s □ Page 1 of Z Page 73 5/24/2023 Recived AMCO 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 application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued . I certify that I meet the r esidency requirement under AS 43.23 or I have submitt ed a residency exception affidavit (MJ-20a) al ong 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 cu rrently 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 requ irements 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 th is 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 r equired by AS 17.38.200 and 3 AAC 306.03S(d ). If I have multiple marijuana licenses be ing renewed, I understand one fingerprint card and fee will suffi ce for all marijuana licenses being renewed . If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Roger Boyd Printed name of licen see 1gnature o 1censee Initials rnJ IBJ] □ [Form MJ-20] (rev 5/1/2023) License# 1 0052 Page 2 of 2 Page 74 144 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 Tuesday, November 14, 2023 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Standard Marijuana Cultivation Facility Business Name : Red Run Cannabis Cultivators, LLC License Location : Kenai/5455 Kenai Spur Highway, Kenai, AK 99611 License No. : 10052 Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: marc@kenaiattorney.com amco.localgovernmentonly@alaska.gov Page 75 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 8, 2023 Licensee: Red Run Cannabis Company, LLC DBA: Red Run Cannabis Company, LLC VIA email: marc@redruncannabiscompany.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Via Email: micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jbeauchamp@kpb.us; cityclerk@kenai.city Re: Retail Marijuana Store #10056 Combined Renewal Notice License Number: #10056 License Type: Retail Marijuana Store Licensee: Red Run Cannabis Company, LLC Doing Business As: Red Run Cannabis Company, LLC Physical Address: 5455 Kenai Spur Highway Suite B Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3 AAC 306.060. At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications. However, the board is required to consider this application independently if you have been issued any notices of violation for this license, if your local government HE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 76 protests this application, or if a public objection to this application is received within 30 days of this notice under 3 AAC 306.065. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2023/2024 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary, the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Sincerely, Joan M. Wilson, Director 907-269-0350 --.,,U'5/ry' Jtj' ~ • Page 77 Action History (UTC-08:00) Pacific Time (US & Canada) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/8/2023 4 :23 :32 PM (Form Submission) by David Ross 11/8/2023 5:08:29 PM (Police Department Review) • The task was assigned to David Ross. The due date is: November 17, 2023 5:00 PM 11/8/2023 4:23 :33 PM by Tina Williamson 11/8/2023 5 :18:50 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: November 17, 2023 5:00 PM 11/8/2023 4:23 :34 PM by Cindy Herr 11/9/2023 12 :43:33 PM (Legal Asst Review) "There are no monies owed in traffic fines or restitution . • The task was assigned to Cindy Herr. The due date is: November 17, 2023 5:00 PM 11/8/2023 4:23:34 PM by Linda Mitchell 11/15/2023 11 :52 :36 AM (Lands Review) • The task was assigned to Linda Mitchell. The due date is: November 17, 2023 5:00 PM 11/8/2023 4:23:34 PM by Linda Mitchell 11/15/2023 11 :52 :46 AM (P&Z Department Review) • The task was assigned to Linda Mitchell. The due date is: November 24, 2023 5:00 PM 11/15/2023 11:52:37 AM by David Swarner 11/15/2023 12:05:45 PM (Finance Review) • The task was assigned to David Swarner. The due date is: November 24, 2023 5:00 PM 11/15/2023 11:52:36 AM by Scott Bloom 11/15/2023 3:39 :02 PM (Legal Review) • The task was assigned to Scott Bloom. The due date is: November 24, 2023 5:00 PM 11/15/2023 11:52:37 AM by Jeremy Hamilton 11/16/2023 12:28:22 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is: November 17, 2023 5:00 PM 11/8/2023 4:23:33 PM by Donald Hendrickson 12/15/2023 1: 14 :32 PM (Building Official Review) • The task was assigned to Donald Hendrickson . The due date is: November 17, 2023 5:00 PM 11/8/2023 4:23:33 PM Page 78 AMCO License Application Date 11/8/2023 Establishment Information License Type Retail Marijuana Store Licensee Red Run Cannabis Company, LLC Doing Business As Red Run Cannabis Company, LLC Premises Address 5455 Kenai Spur Highway, STE B Contact Information Contact Licensee Marc Theiler Contact Phone No. 907-953-9453 Additional Contact Information Name Roget Boyd Phone No. 907398-7848 Documents File Upload 10056 MJ-20 Marc.pdf 10056 MJ-20 Roger.pdf 10056 Online App_Redacted.pdf City, State Kenai , AK Contact Email marc@redruncannabiscompany.com Email rogerboyd@hotmail .com 871.21KB 879 .38KB 98.25KB 10056 Red Run Cannabis Company, LLC 2023-2024 Renewal Notice.pdf 305 .92KB Page 79 5/24/2023 Recived AMCO Alcoho l and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 mari juana.licensing@alaska .gov https://www.commerce.alaska.gov/web/am co Alaska Marijuana Control Board Phone : 907 .269.0350 Form MJ-20: 2023-2024 Renewal Application Certifications Why is this form needed? Thi s renewal application certifications form is required for all marijuana establishment license renewal applications. Each person sign ing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect fin ancial interest (as defin ed in 3 AAC 306.0lS(e)(l)) in the business for w hich a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establ ishment, as identified on the license application. Licensee: Red Run Cannabis Company, LLC I License Number: 110056 License Type: Retail Marijuana Store Doing Business As: Red Run Cannabis Company, LLC Premises Address: 5455 Kenai Spur Highway, Suite B City: Kenai I State : I Alaska I z1P: 199611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form. I Namec I Marc Theiler Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not been convi cted of any criminal charge in the previous two ca lendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of vi olation h as not been issued for this license between July 1, 2022 and June 30, 2023. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: I have attached a written explanation for w hy I cannot certify one or more of t he above statements, which includes the type of v iolation or offense, as required under 3 AAC 306.035(b). [Form MJ-20) (rev 5/1/2023) Initials Initials Page 1 of 2 Page 80 5/24/2023 Recived AMCO 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 li cense renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or ta x statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am oper ating in compliance with the Alaska Department of Labor and Workforce Development's laws and requ irements pertaining to empl oyees. 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 obtai n criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed . If multiple li censes are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained here in, and evidence or other documents submitted ar e true and correct. I understand that any falsification or misrepresentation of any item or response in this appli cation, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn fa lsi fication. Marc Theiler Printed name of licensee Signature of licensee Initia ls [Form MJ-20] (rev 5/1/2023) License# 10056 Page 2 of 2 Page 81 5/24/2023 Recived AMCO Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 mari juana .licensing@alaska .gov https ://www .commerce .alaska.gov/web/amco Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2023-2024 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an app lication for a marijuana establishment license must declare that he/she has read and i s familiar with AS 17 .38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) i n the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete . Section 1 -Establishment Information Enter information for the licensed establishment as identified on the license application. , Licensee: Red Run Cannabis Company, LLC I License Number: 11 0056 License Type: Retail Marijuana Store Doing Business As: Red Run Cannabis Company, LLC Premises Address: 5455 Kenai Spur Highway, Suite B City: Kenai I State: I Alaska I z1P: I 99611 Section 2 -Individual Information Enter information for the individual licen see who is completing this form. I Name, I Roger Boyd Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not bee n convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued fo r this license between July 1, 2022 and June 30, 2023. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). [Form MJ-20] (rev 5/1/2023) Initials [@] [iJ fil]] Initials □ Page 1 of 2 Page 82 5/24/2023 Recived AMCO 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 ma rijua na establishment license renewal application has a direct or indirect financia l interest, as defined in 3 AAC 306.0lS(e){l), in t he business for which the marijuana establishment licen se has been issued. I certify that I meet the resi dency req uirement under AS 43.23 or I have submitted a residency exception affidavit (MJ -20a) along with this application . I certify that this establishm ent complies with any appl i cable health, fire, saf ety, or tax statute, ordinance, regulation, or other law in the st ate. I certify that the license is operat ed in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in complian ce with the Alaska Department of Labor and Workforce Development's laws and requ irements pertaining to employees. I certify that I have not violated any restrictions perta ining to this particular license type, and that this license has not been operated in violation of a co ndit ion or restriction imposed by t he Marijuana Control Board . Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.2 00 and 3 AAC 306.03S(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint ca rd and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information co ntained herein, and evidence or other documents submitted are tr ue and correct. I understand that any falsification or misrepresentation of any item or response in this applicat ion, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permi t. I further understand that it i s a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Roger Boyd Printed name of licensee Initials [E] [[] mJ OC] [E] □ [Form MJ-20) (rev 5/1/2023) License# 1 0056 Page 2 of 2 Page 83 144 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 Tuesday, November 14, 2023 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Retail Marijuana Store Business Name : Red Run Cannabis Company LLC License Location : Kenai/5455 Kenai Spur Highway, Suite B, Kenai, AK 99611 License No. : 10056 Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: marc@kenaiattorney.com amco.localgovernmentonly@alaska.gov Page 84 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members THROUGH: Shellie Saner, City Clerk FROM: Meghan Thibodeau, Deputy City Clerk DATE: December 28, 2023 SUBJECT: Marijuana License Renewals – Majestic Gardens The following establishment submitted applications to the Alcohol and Marijuana Control Office (AMCO) for a renewal of marijuana licenses: Applicant: Majestic Gardens, LLC. D/B/A: Majestic Gardens, LLC. License Type: Retail Marijuana Store License No: 15393 License Type: Standard Marijuana Cultivation License No: 15395 Pursuant to KMC 2.40 a review of City accounts has been completed and the applicant has satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the marijuana license renewal will be forwarded to 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 85 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 14, 2023 From: marijuana.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Majestic Gardens llc DBA: MAJESTIC GARDENS LLC VIA email: majesticgardens@alaska.net CC: n/a Local Government 1: City of Kenai Local Government 2: Kenai Peninsula Borough Via Email : cityclerk@kenai.city; micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jbeauchamp@kpb.us Community Council: n/a Via Email: CC: n/a BCC: amco.admin@alaska.gov Re: Retail Marijuana Store #15395 Combined Renewal Notice License Number: #15395 License Type: Retail Marijuana Store Licensee: Majestic Gardens llc Doing Business As: MAJESTIC GARDENS LLC Physical Address: 12656 Kenai Spur Hwy Kenai, AK 99611 Designated Licensee: Deniece M Isaacs Phone Number: 907-398-3267 Email Address: majesticgardens@alaska.net ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: HE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 86 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 87 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 88 Action History (UTC-08:00) Pacific Time (US & Canada) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/8/2023 5 :18:44 PM (Form Submission) by Tina Williamson 11/8/2023 5 :19:54 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: November 17, 2023 5:00 PM 11/8/2023 5:18 :46 PM by Cindy Herr 11/9/2023 12 :41 :47 PM (Legal Asst Review) "There are no monies owed in traffic fines or restitution . • The task was assigned to Cindy Herr. The due date is : November 17, 2023 5:00 PM 11/8/2023 5:18:46 PM by David Ross 11/9/2023 4 :56:17 PM (Police Department Review) • The task was assigned to David Ross . The due date is : November 17, 2023 5 :00 PM 11/8/2023 5:18:45 PM by Jeremy Hamilton 11/16/2023 12:27:53 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton . The due date is : November 17, 2023 5:00 PM 11/8/2023 5:18:45 PM by Donald Hendrickson 12/15/2023 1: 15 :55 PM (Building Official Review) • The task was assigned to Donald Hendrickson . The due date is : November 17, 2023 5:00 PM 11/8/2023 5:18:45 PM by Linda Mitchell 12/26/2023 5 :08:37 PM (Lands Review) • The task was assigned to Linda Mitchell. The due date is: November 17, 2023 5 :00 PM 11/8/2023 5:18:46 PM by Linda Mitchell 12/26/2023 5 :12:51 PM (P&Z Department Review) • The task was assigned to Linda Mitchell. The due date is: January 4, 2024 5 :00 PM 12/26/2023 5 :08:39 PM by David Swarner 12/26/2023 7 :45:25 PM (Finance Review) • The task was assigned to David Swarner. The due date is : January 4, 2024 5 :00 PM 12/26/2023 5 :08:38 PM by Scott Bloom 12/28/2023 10:07 :59 AM (Legal Review) • The task was assigned to Scott Bloom . The due date is : January 4, 2024 5 :00 PM 12/26/2023 5 :08:39 PM Page 89 AMCO License Application Date 11/8/2023 Establishment Information License Type Retail Marijuana Store Licensee Majestic Gardens, LLC Doing Business As Majestic Gardens, LLC Premises Address 12656 Kenai Spur Hwy Contact Information Contact Licensee Deniece M Isaacs Contact Phone No. 907-398-3267 Additional Contact Information Name Ronald D Isaacs Phone No. 907-953-4872 Documents File Upload City, State Kenai, AK Contact Email majesticgardens@alaska.net Email isaacs@a la ska. net #15395 Majestic Gardens LLC Combined MJ Renewal Notice.pdf 15393 MJ-20 Deniece .pdf 306.6KB 1.6MB 1.59MB 110.85KB 15393 MJ-20 Ronald.pdf 15393 Online Application .pdf Page 90 144 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 Tuesday, November 14, 2023 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Retail Marijuana Store Business Name : Majestic Gardens LLC License Location : Kenai/12656 Kenai Spur Highway, Kenai, AK 99611 License No. : 15393 Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: majesticgardens@alaska.net amco.localgovernmentonly@alaska.gov Page 95 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 8, 2023 From: marijuana.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Majestic Gardens llc DBA: MAJESTIC GARDENS LLC VIA email: majesticgardens@alaska.net CC: n/a Local Government 1: City of Kenai Local Government 2: Kenai Peninsula Borough Via Email : cityclerk@kenai.city; micheleturner@kpb.us; tward@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jbeauchamp@kpb.us Community Council: n/a Via Email: CC: n/a BCC: amco.admin@alaska.gov Re: Standard Marijuana Cultivation Facility #15395 Combined Renewal Notice License Number: #15395 License Type: Standard Marijuana Cultivation Facility Licensee: Majestic Gardens llc Doing Business As: MAJESTIC GARDENS LLC Physical Address: 12656 Kenai Spur Hwy Kenai, AK 99611 Designated Licensee: Deniece M Isaacs Phone Number: 907-398-3267 Email Address: majesticgardens@alaska.net ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: HE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 96 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 97 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 98 Action History (UTC-08:00) Pacific Time (US & Canada) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/14/2023 4 :55 :34 PM (Form Submission) by David Ross 11/14/2023 5:08: 18 PM (Police Department Review) • The task was assigned to David Ross. The due date is: November 23, 2023 5:00 PM 11/14/2023 4:55:35 PM by Cindy Herr 11/15/2023 9 :30:05 AM (Legal Asst Review) " There are no monies owed in fines or restitution . • The task was assigned to Cindy Herr. The due date is: November 23, 2023 5:00 PM 11/14/2023 4:55:35 PM by Tina Williamson 11/15/2023 9:38 :12 AM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: November 23, 2023 5:00 PM 11/14/2023 4:55:35 PM by Jeremy Hamilton 11/16/2023 12:27:39 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is: November 23, 2023 5:00 PM 11/14/2023 4:55:34 PM by Donald Hendrickson 12/15/2023 1: 16 :06 PM (Building Official Review) • The task was assigned to Donald Hendrickson . The due date is: November 23, 2023 5:00 PM 11/14/2023 4:55:35 PM by Linda Mitchell 12/26/2023 5 :12:18 PM (Lands Review) • The task was assigned to Linda Mitchell. The due date is: November 23, 2023 5:00 PM 11/14/2023 4:55:36 PM by Linda Mitchell 12/26/2023 5 :12:38 PM (P&Z Department Review) • The task was assigned to Linda Mitchell. The due date is: January 4, 2024 5:00 PM 12/26/2023 5:12:19 PM by David Swarner 12/26/2023 7 :45:40 PM (Finance Review) • The task was assigned to David Swarner. The due date is: January 4, 2024 5:00 PM 12/26/2023 5:12:19 PM by Scott Bloom 12/28/2023 10:07 :48 AM (Legal Review) • The task was assigned to Scott Bloom. The due date is: January 4, 2024 5:00 PM 12/26/2023 5:12:19 PM Page 99 AMCO License Application Date 11/14/2023 Establishment Information License Type Standard Marijuana Cultivation Facility Licensee Majestic Gardens LLC Doing Business As Majestic Gardens LLC Premises Address 12656 Kenai Spur Hwy Contact Information Contact Licensee Deniece M Isaacs Contact Phone No. 907-398-3267 Additional Contact Information Name Ronald D Isaacs Phone No. 907-252-9777 Documents File Upload City, State Kenai , AK Contact Email majesticgardens@alaska.net Email acdisaacs@alaska.net #15395 Majestic Gardens LLC Combined MJ Renewal Notice -.pdf 306.61 KB #15395 Majestic Gardens LLC Combined MJ Renewal Notice .pdf 306 .6KB 15395 -Majestic Gardens LLC x2 (tax delinquency with response).pdf 1.67MB 15395 MJ-20 Deniece .pdf 1.62MB 15395 MJ-20 Ronald.pdf 2.18MB 15395 Online Application.pdf 147 .83KB Page 100 AMCO Received 6/27/23 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska .gov https:ljwww .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 renewa l application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application. Licensee: Majestic Gardens lie I License Number: 115395 License Type: Standard Maruijuana Cultivations Facility Doing Business As: Majestic Gardens lie Premises Address: 12656 Kenai Spur Hwy City: Kenai I State: IAK I ZIP: I 99611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form. Name: Ronald D Isaacs Title: Owner/Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued for this license between Ju ly 1, 2022 and June 30, 2023. S~ ~, ;n~I~~~ ~:±.~. ~;.~~~o!": ~ a~na~~=~o,e ofthe above statements, I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). A 'Q)OVb [Form MJ-20) (rev 5/1/2023) Initia ls ROI Initials Page 1 of 2 Page 103 AMCO Received 6/27/23 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 application has a direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: 11'53~.3 15398 Majestic Gardens lie I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Ronald 0. Isaacs Printed name of licensee Signature of licensee [Form MJ-20] (rev 5/1/2023) 15395 License# ______ _ Initials ROI □ Page2 of2 Page 104 144 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 Thursday, November 16, 2023 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Standard Marijuana Cultivation Facility Business Name : Majestic Gardens LLC License Location : Kenai/12656 Kenai Spur Highway, Kenai, AK 99611 License No. : 15395 Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: magicalgardens@alaska.net amco.localgovernmentonly@alaska.gov Page 105 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3385-2024 AN ORDINANCE ACCEPTING AND APPROPRIATING A DONATION TO THE KENAI COMMUNITY LIBRARY FOR THE PURCHASE OF LIBRARY MATERIALS AND SOFTWARE FOR ROOM AND EVENT SCHEDULING. WHEREAS, the Kenai Community Library received monetary donations from various donors through the Friends of the Kenai Community Library totaling $6,500; and, WHEREAS, up to $3,500 will be spent on the implementation of event and room scheduling software to enhance the Library’s ability to efficiently manage and organize library events and activities; and, WHEREAS, $3,000 will be spent on print and digital collection items, as well as supplies for the Library’s ‘Library of Things’ collection; and, WHEREAS, acceptance of these donations to further the mission of the Kenai Community Library is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept these donated funds and to expend them as authorized by this ordinance and in line with the intentions of the donors. Section 2. That estimated revenues and appropriations are increased as follows: General Fund: Increase Estimated Revenues – Donations - Library $6,500 Increase Appropriations – Books - Library $3,000 Computer Software - Library 3,500 $6,500 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. Page 106 Ordinance No. 3385-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 17TH DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: January 3, 2024 Enacted: January 17, 2024 Effective: January 17, 2024 Page 107 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: December 26, 2023 SUBJECT: Ordinance No. 3385-2024 Donation to the Kenai Community Library This memo requests acceptance and appropriation of $6,500 from various donors through the Friends of the Kenai Community Library to be spent on the following: • Up to $3,500 will be spent on the implementation of event and room scheduling software. The introduction of this software will significantly enhance our ability to efficiently manage and organize library events and activities. The software will offer a user-friendly interface for both library staff and patrons, allowing for seamless study room reservations and streamlined event planning. • $3,000 will be spent on print and digital collection items, as well as supplies for the Library’s Library of Things collection. We appreciate the generosity of the donors! Thank you for your consideration. Page 108 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3386-2024 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND AND MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL FUND TO CONDUCT AN ASSESSMENT OF CITY STREET LIGHTING. WHEREAS, the Public Works Department annually quotes Street Light Repair and Maintenance Services; and, WHEREAS, due to the age of the existing infrastructure, and the recurring number of street lighting issues within the City, the Department is seeking assistance from professional engineering services to conduct an assessment to identify deficiencies and direct future capital improvement projects; and, WHEREAS, the Department will be provided a detailed assessment to ensure resources are directed to the areas of greatest need. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $80,000 Increase Appropriations - Transfer to Municipal Roadway Improvement Capital Project Fund $80,000 Municipal Roadway Improvement Capital Project Fund: Increase Estimated Revenues – Transfer from General Fund $80,000 Increase Appropriations: Street Lighting Assessment Project – Construction $80,000 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. Page 109 Ordinance No. 3386-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 17TH DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: January 3, 2024 Enacted: January 17, 2024 Effective: January 17, 2024 Page 110 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: December 26, 2023 SUBJECT: Ordinance 3386-2024 Street Light Assessments This memo requests Council’s approval to begin assessment of the City’s Street Lighting. As Council is aware, the aging street lighting infrastructure, much of which is now 40-50 years old, continues to be challenging to maintain. The Capital Improvement Plan has had a preliminary project moving forward to begin addressing the deficiencies. The FY2025 Capital Improvement Plan will include funding for design and construction of a project to be identified within this assessment. This Ordinance will provide funding now to ensure funds are being directed toward the areas of greatest need. The assessment will include the review of the existing electrical services and lighting control panels, light fixtures and poles, wiring condition and location. It is anticipated that the number of street lighting maintenance projects that will be identified will take several years to fund and complete. Council will see updates to the Capital Improvement Plan as these projects are identified and phased accordingly to meet budgetary requirements. This is a priority project for the department. Reliable street lighting continues to be a high expectation from our citizens. Completion of this work now will assist the department in meeting this need. Council’s approval is respectfully requested. Page 111 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3387-2024 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND AND PUBLIC WORKS DEPARTMENT’S STREET DIVISION’S PROFESSIONAL SERVICES BUDGET TO REVIEW AND UPDATE THE CITY’S ROADWAY IMPROVEMENTS STANDARDS. WHEREAS, this Ordinance provides funding for professional services to assist the Public Works Department with the review and update of the City’s roadway improvement standards, much of which is detailed within Kenai Municipal Code Title 18 Streets and Sidewalks; and, WHEREAS, completion of this work now is intended to ensure the City remains current in its standard requirements and reasonably consistent with neighboring municipalities; and, WHEREAS, the Department anticipates releasing a request for proposals to various civil engineering firms; and, WHEREAS, the intended result of the project is an updated list of standards, which will likely require future code amendments; and, WHEREAS, the revised standards will be made available to all contractors as part of the permitting process and would be included within any future subdivision installation agreements that would require roadway improvements as part of their project; and, WHEREAS, consistent and well-defined standards will assist developers in project formation and execution creating a friendlier environment in which to conduct business in the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $25,000 Increase Appropriations: Streets – Professional Services $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. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. Page 112 Ordinance No. 3387-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 17TH DAY OF JANUARY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: January 3, 2024 Enacted: January 17, 2024 Effective: January 17, 2024 Page 113 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: December 26, 2024 SUBJECT: Ordinance 3387-2024 Roadway Standards This memo requests funding to update the City’s roadway improvement standards. With the recent completion of several City roadway improvement projects as well as several new subdivision projects within the City, it has become apparent that our roadway standards and corresponding Kenai Municipal Code are in need of updating to provide clarifications. It is the department’s intent to coordinate with a local engineering firm, which will be competitively sought, to review and assess our current standards against other local competing government agencies. The standard revisions will provide clarity to contractors and owners considering development in the area, while ensuring the City receives consistency in its roadways regardless of who is performing the work. These standards would be provided during our permitting process to applicants as well as within any subdivision agreements that require roadway improvements to be completed as part of the work. It is very likely that a code amendment update to Kenai Municipal Code Title 18 will be presented to Council at a later date. Council’s support is respectfully requested. Page 114 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: December 26, 2023 SUBJECT: Action / Approval Leachate Disposal Agreement This memo requests Council’s authorization to enter into a Leachate Disposal Agreement with the Kenai Peninsula Borough, where the City of Kenai’s Waste Water Treatment Plant will receive leachate from the Central Peninsula Landfill. Representatives from the Borough approached the Public Works Department and the Administration and requested our assistance in supporting the Borough while they worked through an upcoming Leachate Evaporator project that would limit their facility’s ability to manage leachate during construction on their own. Leachate is the result of rainwater / snow melt that comes into contact with the landfills solid waste, in this case primarily made up of everyone’s household trash. The landfill has a lined cell that prevents leachate from soaking into the ground. Generally, the landfills evaporator manages this material by vaporizing the liquid leachate. Based on the amount of rain fall and snow received in recent years as well as the size of their existing evaporator, maintaining leachate at targeted levels has been challenging for the Borough. This agreement will allow the City to take up to 10,000 gallons of leachate per day at an agreed upon rate of $.10/gal. This amount, which equates to less than 2% of the waste water plants total daily flows, is expected to have minor impacts. We anticipate a slight increase to our operating and utility costs to effectively manage this material. Staff has discussed this with our Engineering team as well as representatives from the State of Alaska Department of Environmental Conservation. Routine lab work will continue as normal to ensure all of our discharges remain within compliance with our permit. With that said our facility is the safest place to process this material. Our activated sludge waste water plant has the best biological processes locally to safely manage this material. The fees being charged with this agreement, will help offset the new rate increase the Landfill will be charging for sludge disposal. Our existing rates were $45/ton for sewage sludge being received by the landfill. New rates in effect January 1st, 2024 are $135/ton, which could result in approximately $50,000 in additional charges to the City. Page 115 Page 2 of 2 It is noted this agreement will continue as long as it remains in both party’s best interest. In the event the WWTP exceeds allowable limits on any requirement of our permit, flows will be reduced to an acceptable level, or may be stopped altogether if necessary. Authorization of this agreement is in the best interest of our community. Council’s authorization is respectfully requested. Page 116 1 | Page MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF KENAI AND THE KENAI PENINSULA BOROUGH This Memorandum of Agreement (MOA) is made between the City of Kenai (City) and the Kenai Peninsula Borough (KPB) (collectively, the Parties) for the purpose of allowing the KPB Solid Waste Department to dispose of leachate from the Central Peninsula Landfill (CPL) into the City sewer system. BOTH PARTIES MUTUALLY AGREE THAT: 1. KPB’s CPL is under an Alaska Department of Environmental Conservation (ADEC) directive to reduce the amount of leachate stored at the CPL. KPB is taking long-term and short-term steps to address the leachate problem. Part of the short-term solution is to haul leachate to the City’s sewer system for disposal. NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: 1. KPB’s Solid Waste Department will be allowed to haul (via contractor) leachate for disposal into the City of Kenai wastewater collection system in quantities approved by the City prior to each delivery at a rate of $.10 per gallon not to exceed a maximum of 10,000 gallons per day. 2. KPB will, on a monthly basis, provide the City with a Leachate Disposal Report for billing purposes, showing – at a minimum – the date and amount of leachate disposed into the City’s wastewater collection system, and such other information as the City may request. KPB or its contractor will notify designated City prior to each time KPB’s contractor’s trucks begin to offload leachate into the City’s wastewater collection system. The City will determine the dumping location within the City’s collection system and amount it is willing to accept. 3. The City of Kenai will restrict the contractor’s discharge into the collection system to a 1- ½”-2” connection to avoid overwhelming lift station pumps and potential backups downstream in the system. The City and KPB understand this will result in tanker trucks needing some time to fully discharge, likely one to two hours. The City reserves the right to discontinue KPB’s disposal service and terminate this MOA, for any reason, with 24 hours’ notice. Page 117 2 | Page 4. The actual amount of leachate per day must be approved by the City by written notification via email to the KPB Solid Waste Department prior to disposal and the leachate disposal amount may be increased or decreased at the sole discretion of the City by written notification (including email or text) to the KPB Solid Waste Department. 5. KPB will be responsible for any spills and subsequent clean up at the disposal location caused by their actions, as well as any damaged caused to the disposal site and any other City infrastructure or equipment. KPB will require its contractor to provide the City with the following prior to the start of any work done pursuant to this MOA: Insurance. During the term of this agreement the Contractor shall maintain a policy of workers' compensation and employers' liability insurance as required by law. Contractor shall also be required to carry Commercial general liability with minimum coverage of $1,000,000 and automobile liability insurance with minimum coverage of $1,000,000 combined single limit bodily injury and property damage per occurrence. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. The commercial general liability insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained. Certificate(s) of Insurance shall be provided by Contractor and all subcontractors, or their Insurance Companies and/or their Agents, naming the City of Kenai as an additional insured for the work specified in this contract with a waiver of subrogation for commercial general liability insurance and automobile liability insurance. The certificates of insurance must reference the specific contract by name. Workers compensation insurance must be endorsed for waiver of subrogation against the City. Such insurance shall be by a company/corporation currently rated “A-“or better by A.M. Best. If providing professional services, $1,000,000 against any claim arising out of professional liability/errors or omissions of Consultant and/or Consultant's subcontractors must be provided 6. KPB warrants that the leachate being disposed is produced from a non-hazardous waste landfill that is permitted by the Alaska Department of Environmental Conservation. KPB hosts Hazardous Waste Collection Events to provide disposers a means for disposal of hazardous materials, thereby minimizing the likelihood for any hazardous materials being disposed of in the landfill. Annual chemical analysis of the leachate is completed in July of each year and results from this analysis will be sent to the City for review. Disposal of leachate through a municipal biological wastewater treatment system is currently the most common means of leachate treatment and disposal across the nation. KPB recognizes that metals concentration of KPB’s leachate is comparable to the metals concentration of the City wastewater but on a mass basis, may have an impact on the sludge produced for disposal at the landfill. 7. Indemnity. The KPB shall, subject to appropriation, indemnify, hold harmless, and defend the City at its own expense from and against any and all claims, losses, damages or expenses, including reasonable attorney’s fees, of, or liability for any wrongful or negligent acts (including the disposal of any chemicals, compounds materials or substances into the City’s sewer system that violates any local state or federal law), errors, or omissions, of the Page 118 3 | Page KPB or its contractor, its officers, agents or employees, or any subcontractor under this agreement. The KPB 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 contractor and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall be determined upon final determination of 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. “KPB” and “City” as used in this article include the employees, agents, officers, directors, and other contractors who are directly responsible, respectively, to each. The term “independent negligence of the City” is negligence other than in the City’s selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor’s work. 8. This MOA may be executed in counterparts, and may be executed using verified electronic signatures in compliance with AS 09.80, each of which when so executed will constitute an original and all of which together constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by their duly authorized representatives on the day and the year first above written. ATTEST: CITY OF KENAI By: Terry Eubank, City Manager Print Name Date: ATTEST: KENAI PENINSULA BOROUGH By: Peter A. Micciche, KPB Mayor Print Name Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Todd K. Sherwood, Deputy Borough Attorney Date: Page 119 Kenai City Council - Regular Meeting Page 1 of 3 January 03, 2024 Kenai City Council - Regular Meeting January 03, 2024 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 WITHOUT OBJECTION. Ordinance No. 3383-2023 - Amending the Official Zoning Map by Rezoning all Parcels within the Letzing 1985 Subdivision (Plat No. 85-55) and Government Lot 170 from General Commercial (CG) to Suburban Residential (RS) Zoning District. (Administration) 2. ENACTED WITHOUT OBJECTION. Ordinance No. 3384-2023 - Cancelling Previously Appropriated Projects, Authorizing a Transfer of Funds from the Wastewater Facility Capital Project Fund to the Water and Sewer Capital Project Fund and Appropriating Supplemental Funds for the Construction of a New Water Pump House at the City’s Water Treatment Facility. (Administration) 3. ADOPTED WITHOUT OBJECTION. Resolution No. 2024-01 - Approving the Use of the Fleet Replacement Fund for the Purchase of Two Ford Police Responders Utilizing the State of Alaska Equipment Fleet Contract. (Administration) 4. ADOPTED WITHOUT OBJECTION. Resolution No. 2024-02 - Amending the Authorized Staffing Table by Adding a Part Time Administrative Assistant II Position to the Planning and Zoning Department. (Administration) F. MINUTES 1. *Regular Meeting of December 20, 2023. (City Clerk) Kenai City Council - Regular Meeting Page 2 of 3 January 03, 2024 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing Facility License and a Standard Marijuana Cultivation License for Red Run Cannabis Cultivators, LLC., DBA: Red Run Cannabis Cultivators, LLC. - License No.’s 19372 and 10052; and a Retail Marijuana Store License for Red Run Cannabis Company, LLC., DBA: Red Run Cannabis Company, LLC. – License No. 10056 (City Clerk) 3. *Action/Approval - Non-Objection to the Renewal of a Retail Marijuana Store License and a Standard Marijuana Cultivation License for Majestic Gardens LLC., DBA: Majestic Gardens LLC. - License No.’s 15393 and 15395. (City Clerk) 4. *Ordinance No. 3385-2024 - Accepting and Appropriating a Donation to the Kenai Community Library for the Purchase of Library Materials and Software for Room and Event Scheduling. (Administration) 5. *Ordinance No. 3386-2024 - Increasing Estimated Revenues and Appropriations in the General Fund and Municipal Roadway Improvements Capital Fund to Conduct an Assessment of City Street Lighting. (Administration) 6. *Ordinance No. 3387-2024 - Increasing Estimated Revenues and Appropriations in the General Fund and Public Works Department’s Street Division’s Professional Services Budget to Review and Update the City’s Roadway Improvements Standards. (Administration) 7. APPROVED WITHOUT OBJECTION. Action/Approval - Authorizing the City Manager to Enter into an Agreement with the Kenai Peninsula Borough to Accept Landfill Leachate at the Waste Water Treatment Plant. (Administration) I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments Kenai City Council - Regular Meeting Page 3 of 3 January 03, 2024 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/89458619905 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 894 5861 9905 Passcode: 382993 Meeting ID: 894 5861 9905 Passcode: 382993