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Home My WebLink About2024-07-03 Council PacketPage 1 KENAI Kenai City Council - Regular Meeting July 03, 2024 — 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 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) Legislative Update, Representative Justin Ruffridge, State of Alaska House of Representatives. D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS Resolution No. 2024-32 - Amending City Council Policy No. 20.000 Agenda & Packet - Preparation, Distribution and Publication to Remove Requirements Related to Publishing in a Newspaper of General Circulation. (City Clerk) Resolution No. 2024-33 - Protesting the Issuance of a New Retail Marijuana Store License for Canna Get Happy, LLC, DBA Canna Get Happy, LLC — License No. 37844, Located at 11888 Kenai Spur Hwy #3. (Administration) Resolution No. 2024-34 - Approving an Easement on Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, for the Construction and Maintenance of Seawalls Benefitting Certain Adjacent Upland Properties. (Administration) Resolution No. 2024-35 - Adopting Joint Resolution No. 2024-001 of the Assembly of the Kenai Peninsula Borough and the Councils of the City of Homer, Kachemak, Kenai, Seward, Seldovia, and Soldotna, Supporting the City of Kenai Small Community Air Service Development Grant Proposal to Support Incentives Aimed at Direct Air Services from the Kenai Municipal Airport to Seattle/Tacoma and the Lower 48. (Administration) F. MINUTES *Regular Meeting of June 19, 2024. (City Clerk) Kenai City Council - Regular Meeting Page 1 of 3 July 03, 2024 Page 2 G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - FY2024 Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - FY2025 Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 4. *Action/Approval - Non -Objection to the Renewal of a Beverage Dispensary Liquor License for G & P Inc., DBA: The White Moose - License No. 204. (City Clerk) 5. *Action/Approval - Non -Objection to the Renewal of a Package Store Liquor License for Walmart, Inc., DBA: Wal-Mart Supercenter #4474 - License No. 4878. (City Clerk) 6. *Action/Approval - Non -Objection to the Renewal of a Marijuana Product Manufacturing Facility License for Herban Extracts, LLC, DBA: Herban Extracts, LLC - License No. 14432. (City Clerk) 7. *Action/Approval - Authorizing a Utility Easement Homer Electric Association within Lot 2, Block 5, General Aviation Apron Subdivision No. 1 Amended. (Administration) 8. *Action/Approval - Authorizing an Extension to the Agreement with the Boys and Girls Club of the Kenai Peninsula to Operate a Teen Center within a Designated Area of the Kenai Recreation Center. (Administration) 9. *Action/Approval - Authorizing a Memorandum Agreement to the Boys and Girls Club to Provide Temporary Road Access on City Property During Utility Work. (Administration) COMMISSION REPORTS 1. Council on Aging Commission 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Commission 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 Kenai City Council - Regular Meeting Page 2 of 3 July 03, 2024 Page 3 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. Registration is required to join the meeting remotely through Zoom. Please use the following link to register: https://us02web.zoom.us/meeting/register/tZlIc-CpgzloHtE3Q2uZQ1 Nyfl4JXP2RtKrN Kenai City Council - Regular Meeting Page 3 of 3 July 03, 2024 Page 4 0 KENAI CITY OF KENAI RESOLUTION NO. 2024-32 Sponsored by: City Clerk A RESOLUTION AMENDING CITY COUNCIL POLICY NO. 20.000 AGENDA & PACKET - PREPARATION, DISTRIBUTION AND PUBLICATION TO REMOVE REQUIREMENTS RELATED TO PUBLISHING IN A NEWSPAPER OF GENERAL CIRCULATION. WHEREAS, the City was notified on June 18, 2024, that the Peninsula Clarion would be going from a two -day -a -week publication to a weekly publication on Fridays; and, WHEREAS, City Council meetings are currently advertised in the newspaper on the Saturday preceding the meeting; and, WHEREAS, the deadline to submit an ad in the Saturday publication is the preceding Wednesday by 3:00 p.m.; and, WHEREAS, the new deadline to submit an ad in the Friday publications will now be the preceding Tuesday by 3:00 p.m.; and, WHEREAS, shortening the deadline by one day is extremely restrictive on the City and may cause delays when conducting City business within an acceptable timeline; and, WHEREAS, as a Home -Rule Municipality Alaska Statutes 29.25.020 Ordinance Procedures publication requirements do not apply to the City of Kenai; and, WHEREAS, Kenai Municipal Charter, Section 1-7(d) Interpretation - Definitions, in part establishes that the word "publish(ed)" means a newspaper of general circulation within the City at least one time or by posting on the official City bulletin board; provided that the Council may require that any publication shall be in a newspaper of general circulation; and, WHEREAS, Council Policy No 20.000 Agenda & Packet - Preparation, Distribution and Publication currently requires public hearing notice publication in a newspaper of general circulation; and, WHEREAS, removal of the requirement to publish public hearing and meeting notices in a newspaper of general circulation will permit the City to continue to bring business forward to the Council for action in a timely manner; and, WHEREAS, the Alaska Open Meetings Act, AS 44.62.310(e) in part requires reasonable public notice for all meetings required to be open to the public, that notice may be given by print or broadcast media or posted at the principal office, and shall be provided in a consistent fashion for all meetings. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That City Council Policy No. 20.000 Agenda & Packet - Preparation, Distribution and Publication as amended and attached is hereby adopted. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JULY, 2024. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2024-32 Page 2 of 2 Page 5 Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] JC/ KENAI CITY COUNCIL — 20.000 Page 1 Page 6 AGENDA & PACKET - PREPARATION, DISTRIBUTION AND PUBLICATION Effective Date: August 1, 2009 Last Action Date: February 15, 2023 See Also: Approved by: City Council POLICY — 20.000 Agenda & Packet - Preparation, Distribution and Publication Purpose The purpose of this policy is to ensure a consistent process in preparing, distributing and publish the City Council Agenda's and Packets. Scope This policy identifies the roles of the Administration when preparing the agenda and packet items, the appropriate times for public participation during meetings and the role of the City Clerk when preparing, distributing and publishing the agenda and packet for City Council meetings. Policy A. Agenda Preparation and Format; Public Testimony 1. The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The City Clerk shall circulate a draft agenda to the Mayor, to other Council Members, and to the City Manager. 2. Scheduled Public Comment. The agenda shall include time for "Scheduled Public Comment." Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Scheduled Public Comment". A person who desires to address the Council under Scheduled Public Comment shall make that request in writing on a form provided by the City Clerk a minimum of eight (8) days in advance of the Council meeting. The speaker will be permitted 10 minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves, providing their name and stating if they are a resident or non-resident of the City of Kenai. The person may speak on any topic except: a. items scheduled for consideration on that consent agenda; b. items scheduled for public hearing on that agenda; c. personnel matters; and, d. items upon which litigation involving the person or his/her representative and the City is currently pending. 3. Unscheduled Public Comment. The agenda shall include time for "Unscheduled Public Comment." Any member of the public may address the Council at the time designated on the agenda for "Unscheduled Public Comment". The speaker will be permitted three (3) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves, providing their name and stating if they are a resident or non-resident of the City of Kenai. The person may speak on any topic except: a. items scheduled for consideration on that consent agenda; b. items scheduled for public hearing on that agenda; c. personnel matters; and, 20.000 - Agenda & Packet Preparation, Distribution and Publication Page 1 of 3 Page 7 d. items upon which litigation involving the person or his/her representative and the City is currently pending. 4. Public Hearings; Consent Agenda Testimony. a. Any member of the public present may be heard at public hearings on resolutions and ordinances at the time designated on that agenda for the public hearing or as that time may be extended at the discretion of the Council. Any member of the public present may be heard at a time designated on that agenda to accept public comment on matters appearing on the consent agenda. The agenda shall state that the speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves, providing their name and stating if they are a resident or non-resident of the City of Kenai. The person shall speak to the issue that is the subject of the public hearing or item on the consent agenda. The speaker may elect whether to address any questions from the Council. b. With respect to public testimony in public hearings and relating to items on the consent agenda, persons present at a meeting may give their time over to another speaker present at the meeting; provided, however, that no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf. 5. Citizen Comments. The agenda shall include time for citizen comments. Any member of the public may be heard under an agenda section for "Citizens Comment" under agenda item "Additional Public Comments." The speaker will be permitted five (5) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves by providing their name and stating if they are a resident or non-resident of the City of Kenai. The person may speak on any topic except: a. personnel matters; and, b. items upon which litigation involving the person or his/her representative and the City is currently pending. B. Council Packet Preparation 1. All reports, ordinances, resolutions, contracts, documents, or other matters to be submitted to the Council for a regular meeting shall be submitted to the City Clerk not later than four p.m. on the Thursday preceding the Wednesday meeting. The City Clerk shall prepare the agenda for all of these matters according to the order of business, numbering each item consecutively. 2. Council Members and Administration are each encouraged to submit explanatory memoranda for any action item requiring Council action that person requests be placed on the agenda. C. Agenda and Council Packet Publication and Distribution [1. NOTICE OF THE DATE, TIME AND PLACE, AND PUBLIC HEARING AGENDA ITEMS FOR EACH REGULAR COUNCIL MEETING SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION NO LATER THAN THREE (3) DAYS PRIOR TO EACH REGULAR COUNCIL MEETING.] 1. Notice of date, time and place of meeting will be posted on the City's Facebook page no later than (6) days prior to each regular Council meeting. 2. Notice of the date, time, and place, and the agenda and public hearing notice for each regular Council meeting shall be posted on the City's official bulletin board at City Hall no later than six (6) days prior to each regular Council meeting. 3. The City Clerk shall post a copy of the agenda, public hearing notice, and meeting packet to the City's web site, and shall also provide a copy of the packet to the Kenai Municipal Library, no later than six (6) days prior to each regular Council meeting. 4. Any person and any organization may request a copy of the meeting packet, either by paper or electronic copy. The City Clerk will provide the copy as soon as practical. 20.000 - Agenda & Packet Preparation, Distribution and Publication Page 2 of 3 Page 8 5. "Day" is a calendar day. The day of posting and/or publication and the day of the Council meeting each shall be counted for the purpose of computing compliance with the posting and publication deadlines. 6. "Non -routine agenda items" means scheduled public comments, public hearings, unfinished business items, ordinances for introduction, action items not appearing on the consent agenda, and executive session items. D. Special Meetings The agenda format, preparation, posting, publication, and public participation policies set forth in sections A, B, and C, above, do not apply to special meetings of the Council. Notice of special meetings shall be made under KMC 1.10.060 and the agenda shall be circulated to each member of the Council and to the City Manager at least 24 hours prior to the special meeting where practicable. The City Clerk will prepare the agenda for a special meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The agenda for a special meeting will not include time for Scheduled Public Comment, Unscheduled Public Comment, or Additional Public Comment unless requested by a Council member, the City Manager, or the City Attorney. The agenda shall include time for a public hearing where otherwise required by law for adoption of ordinances and resolutions. Brian Gabriel Sr., Mayor ATTEST: Shellie Saner, MMC, City Clerk Policy History: Ordinance No. 2347-2008; Resolution No. 2010-07; Ordinance No. 3089-2019; Resolution 2023-11 20.000 Agenda & Packet Preparation, Distribution and Publication Page 3 of 3 Page 9 City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 27, 2024 SUBJECT: Resolution No. 2024-32 - Amending City Council Policy No. 20.000 Agenda & Packet - Preparation, Distribution and Publication to Remove Requirements Related to Publishing in a Newspaper of General Circulation. On June 18, 2024 the City was notified that the Peninsula Clarion would be going from a two -day - a -week publication to a weekly publication on Fridays. City Council meetings are currently published in the Saturday publication and in order to meet that publication date the ad must be submitted at 3:00 p.m. on the Wednesday prior. With the change to Friday publications, the City was notified that our ads would now have to be submitted by 3:00 p.m. on Tuesday prior, that is more than a week prior to the meeting and restricts the amount of time staff has to prepare items for public hearings. Kenai Municipal Charter, Section 1-7 establishes in part that "publish(ed) means a newspaper of general circulation within the City at least one time or by posting on the official City bulletin board; provided that the Council may require any publication shall be in a newspaper of general circulation" Currently Council Policy No. 20.000 requires newspaper publication of the date, time, place of meeting and public hearing agenda items. The proposed amendment to the policy would remove the newspaper publishing requirement, leave the official City bulletin board publishing and include noticing the date, time and place of meeting on the City's Facebook page, which is already a current practice. The Facebook post includes a link to the agenda and public hearing notice. Your consideration is appreciated. KENAI CITY OF KENAI RESOLUTION NO. 2024-33 Sponsored by: Administration A RESOLUTION PROTESTING THE ISSUANCE OF A NEW RETAIL MARIJUANA STORE LICENSE FOR CANNA GET HAPPY, LLC, DBA CANNA GET HAPPY, LLC — LICENSE NO. 37844, LOCATED AT 11888 KENAI SPUR HWY #3. WHEREAS, Canna Get Happy, LLC (applicant) submitted an application with the Alaska Alcohol and Marijuana Control Office (AMCO), for consideration by the Marijuana Control Board, and has paid the required fees for the issuance of a new Retail Marijuana Store, License No. 37844, to be used for Canna Get Happy, LLC, located at 11888 Kenai Spur Highway, Suite 3, Kenai, AK 99611; and, WHEREAS, Alaskan Statute 17.38.210 - Local Control, allows for local control of commercial marijuana establishments; and, WHEREAS, the City requires all commercial marijuana establishments in the City to obtain a conditional use permit prior to operation; and, WHEREAS, the City Council must enter any protest to the AMCO within 60 days following receipt of the application; and, WHEREAS, the Kenai City Clerk's Office received a copy of this application on May 13, 2024 and have determined that the last day for the Council to file a protest is July 12, 2024; and, WHEREAS, the Council Meeting on July 3, 2024 is the last scheduled regular meeting of the City Council prior to the expiration of the protest period; and, WHEREAS, Canna Get Happy, LLC does not have a conditional use permit to operate a retail marijuana store in the City; and, WHEREAS, protest by the City Council is in order as Canna Get Happy, LLC has not met the City's requirements to operate in the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council hereby enters its PROTEST for the new Retail Marijuana Store, License No. 37844. Section 2. That a copy of this Resolution may be presented to AMCO as proof that the Kenai City Council, as the local governing body, has stated its protest. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JULY, 2024. Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2024-33 Page 2 of 2 ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: June 27, 2024 SUBJECT: Resolution No. 2024-33 - Protesting the Issuance of a New Retail Marijuana Store License for Canna Get Happy, LLC, DBA Canna Get Happy, LLC — License No. 37844, Located at 11888 Kenai Spur Hwy #3 Staff recommends that the City Council protest the issuance of a License for a Retail Marijuana Store at the property located at 11888 Kenai Spur Highway #3. Pursuant to Kenai Municipal Code (KMC) 14.20.330 Standards for Commercial Marijuana Establishments, a Conditional Use Permit (CUP) is required as permitted and allowed in KMC 14.22.010 Land Use Table and subject to the provisions of this code section. The applicant submitted a CUP application to the Planning Department on February 28, 2024 and it was determined that the subject property does not meet certain buffering distances as required by KMC 14.20.330(f) for consideration of a CUP. Thank you for your consideration. THE STATE 'ALASKA GOVERNOR MIKE DUNLEAVY May 13, 2024 Department of Commerce, kii Community, and Economic Development Alcohol and Marijuana Control Office 550 West Th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 City of Kenai/ Kenai Peninsula Borough VIA Email: micheleturner@kpb.us ; sessert@kpb.us mienkins@kpb.us nscarlett@kpb.us mboehmler@kpb.us ; rraidmae@kpb.us ; slopez@kpb.us ; bcarter@kpb.us mquainton@kpb.us ; cityclerk@kenai.city License Number: 37844 License Type: Retail Marijuana Store Licensee: Canna Get Happy LLC Doing Business As: Canna Get Happy LLC Physical Address: 11888 Kenai Spur Hwy #3 Kenai, AK 99611 Designated Licensee: Sandra Millhouse Phone Number: 907-373-8761 Email Address: sandrahbic@vahoo.com ® New Application ❑ New Onsite Consumption Endorsement Application (Retail Only) AMCO has received a complete application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.025(d)(2). Application documents will be sent to you separately via ZenclTo. 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. 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, 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. 3 AAC 306.010, 3 AAC 306.080, and 3 AAC 306.250 provide that the board will deny an application for a new license if the board finds that the license is prohibited under AS 17.38 as a result of an ordinance or election conducted under AS 17.38 and 3 AAC 306.200, or when a local government protests an application on the grounds that the proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the marijuana establishment, unless the local government has approved a variance from the local ordinance. This application will be in front of the Marijuana Control Board at our June 26th, 2024, meeting. Sincerely, E Joan Wilson, Director amco.localgovemmentonlykalaska. gov o�oy & G t`7 Z 7 AMCO Alcohol and Marijuana Control Office 550 W Th Avenue, Suite Anchorage, AK 9 Page 15 mari'uan .li[ nsin alask h_ tt_psalw_ww.com_ mere_e,alaska,xavLwehlamco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-00: Application Certifications Why is this form needed? This application certifications form is required for all marijuana establishment license applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with A5 17.38 and 3 AAC 306. This form must be completed and submitted to AMCO's Anchorage office by each proposed licensee [as defined in 3 AAC 306.020(b)(2)} before any license application will be considered complete. Section 1 - Establishment Information FntPr information fnr the hUrinPSS SPPkins to hP iICPnSPd- at idPntif od on the iir-ensP anolir-atinn. Licensee: Canna Get Happy, LLC License Number: 137844 License Type: Retail Marijuana Store Doing Business As: Canna Get Happy Premises Address: 11888 Kenai Spur Hwy #3 City: Kenai state: I AK I zlP: 199611 Section 2 - Individual Information Enter information for the individual licensee. Name: Sandra D Millhouse Title: Owner Section 3 - Other Licenses Ownership and financial interest in other licenses: Yes No Do you currently have or plan to have an ownership interest in, or a direct or indirect financial interest in ❑ another marijuana establishment license? f "Yes", which license numbers (for existing licenses) and license types do you own or plan to own? Canna Get Happy, 22327 Canna Get Happy, 20151 [Form MJ-001 (rev 311/2022) FFE 3 ALCOHOL ,irAliliUAl ,,:, (: r)I Of. QFFrCE ,TATP fir Sa ■nee, Page 1 of 3 is i►'%.41Q j��9 AMCU Alcohol and Marijuana Control Office 550 W 71ti Avenue, Suite Anchorage, AK 9 [�il marl uana Iic n in f sk https.,I/www.commerce.alaska.govLweb/amco Phone: 907.269.0350 Alaska Marijuana Control Board `°M40L 0 Form MJ-00: Application Certifications Section 4 - Certifications Read each line below, and then sign your initials in the box to the right of each statement; Initials I certify that I have not been convicted of a felony in any state orthe United States, including a suspended imposition of sentence, for which less than five years have elapsed from the time of the conviction to the date of this application. I certify that l am not currently on felony probation or felony parole. fE I certify that I have not been found guilty of selling alcohol without a license in violation of A5 04.11.010. F�:f I certify that I have not been found guilty of selling alcohol to an individual under 21 years of age in violation of 04.16.051 or A5 04,16.052. i I certify that I have not been convicted of a misdemeanor crime involving a controlled substance, violence against a [97a person, use of a weapon, or dishonesty within the five years preceding this application. I certify that I have not been convicted of a class A misdemeanor relating to selling, furnishing, or distributing marijuana or operating an establishment where marijuana is consumed within the two years preceding this application. I certify that my proposed premises is not within 500 feet of a school ground, recreation or youth center, a building in which religious services are regularly conducted, or a correctlonaI facility, as set forth in 3 AAC 306.010(a). I certify that my proposed premises is not located in a liquor licensed premises. iT� I certify that I meet the residency requirement under A5 43.23 for a permanent fund dividend in the calendar year in which I am initiating this application. fE I certify that all proposed licensees (as defined in 3 AAC 306.020(h){2}j have been listed on my online marijuana establishment license application. Additionally, if applicable, all proposed licensees have been listed on my EE� application with the Division of Corporations. I certify that I understand that providing a false statement on this form, the online application, or any other form provided by AM CO is grounds for denial of my application. 151 [Form MJ-003 (rev 3/1/2022) Page 2 of 3 11, iOFFICE XCOIJOL MIIHEJIJW�W U� o�vL � MiR�,r AMCO Alcohol and Marijuana Control Office 550 W 71h Avenue, Su[te Anchorage, AK page 17 madivana.Iice sin alask httos://www.cornrnerce.alaska.itay/web/amco Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-00: Application Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify and understand that I must operate in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. 1 certify and understand that 1 must operate in compliance with each applicable public health, fire, safety, and tax code and ordinance of this state and the local government in which my premises is located. Initials Read each line below. and then sign your initials in the box to the right of only the applicable statement: initials Only initial next to the following statement if this form is accompanying an application for a marijuana testing facility license: I certifythat I do not have an ownership in, or a direct or indirect financial interest 1n a retail marijuana store, a marijuana cultivation facility, or a marijuana products manufacturing facility. Only initial next to the following statement if this form is accompanying an application for a retail marijuana store, a marijuana cultivation facility. or a marijuana products manufacturing facility license: I certify that I do not have an ownership in, or a direct or indirect financial interest in a marijuana testing facility license. All marijuana establishment license applicants: 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 suff1clent grounds for denying or revoking a Iicense/permit. 1 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. Sandra 0 Millhouse Printed name of licensee (Form MI-ODI (rev 3/1/2022) Pr�IE0� DoLFB 2 8 ''72'. ALCOHOL {NAIii JUiN A CONTROL OFFICE Page 3 of 3 fl�� & iIIRIQ�J�✓ C. �7 AMCO Alaska Marijuana Control Board °"140-L Form MJ-02: Premises Diagram Why is this form needed? Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite Anchorage, AK Page 18 mariluana.licensin lask _erce.at�sk ,ggvlweblamco htips: www.comm Phone: 907-269,0350 A detailed diagram of the proposed licensed premises is required for all marijuana establishment license applications, per 3 AAC 306.020(b)(8). All areas designated as the licensed premises of a single license must be contiguous. All diagrams rnust have the licensed premises area labeled, and outlined or shaded as appropriate. What must be submitted with this form? Applicants must attach multlple diagrams to this form, including (as applicable): ■ Diagram 1: A diagram showing only the licensed premises areas that will be ready to be operational at the time of your preliminary inspection and license issuance; • Diagram 2: If different than Diagram 1, a diagram outlining all areas for which the licensee has legal right of possession (a valid lease or deed), and clearly showing those areas' relationship to the current proposed licensed premises (details of any planned expansion areas do not need to be included, • a complete copy of Form MJ-14: Licensed Premises Diagram Change or Form MJ-31: Walk -Up or Drive -Through Exterior Window Pick -Up Diagram and Operating Plan must be submitted and approved before any planned expansion area may be added to the licensed premises); • Diagram 3: A site plan or as -built of the entire lot, showing all structures on the property and clearly indicating which area(s) will be part of the licensed premises; • Diagram 4: An aerial photo of the entire lot and surrounding lots, showing a view of the entire property and surrounding properties, and clearly indicating which area(s) will be part of the licensed premises (this can be obtainedfrom sources like Google Earth); and • Diagram_5: A diagram of the entire building in which the licensed premises is located, clearly distinguishing the licensed premises from unlicensed areas and/or premises of other licenses within the building. If your proposed licensed premises is located within a building or building complex that contains multiple business and/or tenants, please provide the addresses and/or suite numbers of the other Businesses and/or tenants (a separate diagram is not required for an establishment that is designating the entire building as a single licensed premises). This form, and all necessary diagrams that meet the requirements on Page 2 of this form, must be completed and submitted to AMCO's Anchorage office before any new or transfer license application will be considered complete. Section 1 — Establishment Information Enter information forthe business seeking to be licensed, as identified on the license application. Licensee: Canna Get Happy, LLC MJ license #: F44 License Type: Retail Marijuana Store Doing Business As: Canna Get Happy Premises Address: 11888 Kenai Spur Hwy #3 City: Kenai state: Alaska =lP' 99511 (Form MJ-021 (rev 8/14/2023) License #37844 i1 ❑ rnn •! � I ALCOHOL MARIJIJA%t L;"J;� l I LL OI FICC STATE OF ALASKA Page 1 of 3 Alaska Marijuana Control Board AHCO Form MJ-02: Premises Diagram Section 2 - Required Information For your security, do not include locations of security cameras, motion detectors, panic buttons, and other security devices. However, AMCO will require full coverage of the walk-up or drive -through exterior window area as required by 3 AAC 306.380(b) and (g) for marijuana retail establishments. Items marked with a double asterisks (**j are only required for those retail marijuana establishments that are olso applying for an onsite consumption endorsement. The follo ing details must be included in all diagrams: License number and DBA Legend or key Color coding Licensee! Premises Area Labeled and Shaded, or Outlined as appropriate Dimensions Labels True north arrow The following additional details must be included in Diagram 1: Surveillance room Restricted access areas Storage areas Entrances, exits, and windows, including walk-up or drive -through exterior window for marijuana retail establishments Walls, partitions, and counters Any other areas that must be labeled for specific license or endorsement types ** Serving area(s) **Employee monitoring area(s) "Ventilation exhaust points, if applicable The following additional details must be included in Diagram 2: Areas of ingress and egress Entrances and exits Walls and partitions The following additional details must be included in Diagrams 3 and 4: Areas of ingress and egress VCross streets and points of reference following foowing additional details must be included in Diagram S: Areas of ingress and egress Entrances and exits U ails and partitions Cross streets and points of reference i aLl,vFiut- MACE LLSA �� !] fICE �Tial: 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 dectare that all of the information contained herein, and evidence or other _FF 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. Sandra D Millhouse Printed name of licensee [Form Nil-021 (rev 8/14/2023) Sign'We of licensee License #3784 4 Page 2 of 3 Page 20 ENTRY Vr 0— SECLlI1RY ENTRp L=YolT �cuRmPOMOF IMUE -W 14 uf T- Powr 0, -sift %LWW r. vffm�w 7110 ', 7 11 XTOR411E 1771 LAI -n z m t, ted '-b at ll MGr WeW UIL" Wow MT re sr• PROPOSED FLOOR PLAN 4 SCALE: 3/16'= V-Ir (120-21 CABHOIBPENSIWMACH[NE.Mo vxvx - (EQs)CASH DISEINGMACHINE, M VXV, XQ41 SECJR�BUZR (E") STORAGE REFRIGERATOR, m (EQ4) OFMMROW WRKERATDA. vx.. " (EC,7) WATER HEATERCEQ.7) WAC M441 SALES ROORRE!MtGE11AMR, MD VXVX1 KEYNOTE EXISTING PARTITIONS WINDOW EGl EQUIPMENT TAG Ml I PLUMBING x X FIXT. TAG *X ;� ELEVATION X TAGS Puau ACCESS FRESTRICTED ACCESS AREA TRUE NORTH SURVLILLANrE TV U-C 1 Page 21 TMY _ wnns,oxs .� f, a cawrewr TRC x A F nox 441eae Tnue narr� H TMe�u..wcr N ww ie�ss ecx�as rt rr rr +� vsroA n 7.w rl�ti` It 4 �avr vavr ra wGr � �•n aar va �zns Mwoa 9 �1 d r pc - G or o l._ awry aa„i --� '0' s umeltu o \. F """' i oesxwsner ND pp eox eM,lar4 MALT r wu crtT, ar" uc sAmmo miso� N r-s ur 1 rr xIMP 81W�K9As6%Ift NAM.I11Ni] PROPOSED FLOOR PLAN® �� SCALE 3H8"=1'-0' ^ Oyl1Qr 1 aiv=ra" Page 22 Ex1$TING PArmnorrs -= wxloow Eal ERWPMENT TM P&1 Pl,IAONG FEW. IPG x x X- `x-�+ ELEVATION x® 33' R/W FIRST AVENUE ART N 89,58*30" W 660.00 k SJRMUAWcE ry MENU k w rt INGRESS laadrrq Hack sS.a —� EGRESS uccwsfo . 13.0 PM!"sm f•.��, 1] 'Ito V 41+ Na' UCENSEO . PFFJA65E5 Qy. r, LOTS q. 198c 2f 71(f Of y n� SPA r q , Pw Pali ' ♦�Y�� Sign o ro .. tNa f yp t b 7! � ti. _ .-,i• ,c; ''r iy[e� 4 dye ppp �4Q(}}C 1101,' 3 ,", S Ill �� }]r€C W ?�n� N f r� fit s Polo�xf El Ei y 4 00 ' RAY n�+ g t uPlATED az" t sulfa WAS Nn WslaiEow. l to N OSr OESK1NS11 WASIL{k w ww AS -BUILT PLAN SCALE: lir- -0• PRA�LL- GwuaElwlrPr.ua i1Cf]GEl �rilM SV1aM0 ia1Pp16E SfE91161YJ SPIEi Nw'/, I,NR7 11F7Ni, N199eti +�a=ray E3 SITE PLAN® SCALE: 110" = V-O" 5 I �II` j 7Tr Iss a L, 7, - V k9 ; 1 11 Page 23 x - — EMSTWO PARTITIONS N-NwW c0.1 EOU:PNENT me P9-1 PLUMBING x x FiXT TAG x.,'VIX !'} ELEVATION x TAGS ® TRUF WRTH b• INGRESS EGRESS ®t, N-ro PREP s ®ftommATSYA FEMI ocW—Wll . w DES" PO WXV4574 "SRN-RK 93:dT ILC I.%E I.N.WT3 n fYl I r�yxPdRx 5 Pa .g e 2 4 En5T PARTMON5 WWDM mvwwr FAG NG PLO FPXTTAC MM,kM x TAG$ xRUEWMM N suRVMLOX� N E MENU TV N EGRES4 1 WIK umms U-WrilB Wrog C PAPWNG wr x arAl® mxs + G%% m cEmwim ; WT oCDM POLE PA *" U*l4 NV�A1A NCiil6i PkC�CI: _ 1�WY]fK{ LlL KENA1 SPUR HWY 5 Monday, June 10, 2024 Sent via email: citvclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: New Application for Retail Marijuana Store Business Name License Location License No. Dear Ms. Saner, Michele Turner, CIVIC Borough Clerk Canna Get Happy, LLC Kenai/1 1888 Kenai Spur Hwy #3 Kenai, AK 99611 37844 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, 4 ctLA Michele Turner, CMC Borough Clerk cc: sandradhbic@yahoo.com amco.localgovernmentonly@alaska.gov 0 KENAI CITY OF KENAI RESOLUTION NO. 2024-34 Sponsored by: Administration A RESOLUTION APPROVING AN EASEMENT ON TRACT B, KENAI BLUFF STABILIZATION SUBDIVISION, PARCEL NO. 04701030, FOR THE CONSTRUCTION AND MAINTENANCE OF SEAWALLS BENEFITTING CERTAIN ADJACENT UPLAND PROPERTIES. WHEREAS, on May 15, 2024 the Council enacted Ordinance 3417-2024, approving the purchase of approximately 7.8 acres of beach property described as Tract B, Kenai Bluff Stabilization Subdivision; and, WHEREAS, acquisition of this parcel was subject to an existing easement for a seawall benefitting three adjacent upland parcels; and, WHEREAS, the owners of the remaining adjacent upland parcels, upstream or South East of the existing seawall, desire to construct a contiguous seawall that ties into the existing structure; and, WHEREAS, construction of any improvements within the easement will be required to comply with all local, state and federal laws; and, WHEREAS, the easement will allow for construction, maintenance, repair, access, and potential reconstruction if needed, and require the adjacent properties to be responsible for an adjacent property damage and repair, maintenance and removal of the structures if they fall into disrepair or present a threat to public safety; and, WHEREAS, seawall construction on the subject property is in the best interest of the City, consistent with the public purpose for which the City purchased and retained the property and is intended to protect residential property and improvements; and, WHEREAS, at its meeting on July 1, 2024 the Harbor Commission recommend NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That an Easement on Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, for the construction and maintenance of seawalls benefitting certain adjacent upland properties is hereby approved as attached hereto, or in a materially similar form, and the City Manager is authorized to execute the Easement of behalf of the City. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JULY, 2024. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: June 27, 2024 SUBJECT: Approving An Easement On Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, For The Construction And Maintenance Of Seawalls Benefitting Certain Adjacent Upland Properties. On May 15, 2024 the Council enacted Ordinance 3417-2024, approving the purchase of approximately 7.8 acres of beach property described as Tract B, Kenai Bluff Stabilization Subdivision. The property had a pre-recorded easement for a seawall immediately seaward of three bluff properties adjacent to the property recently purchase by the City. The owners of 6 additional adjacent properties desire to build a sheet pile seawall in front of their properties to tie into the existing structure (see map attached). The City Council recently approved an SUP allowing for the storage of some of the sheet metal on the City's recently acquired property. The seawall is intended to slow erosion by protecting the toe of the bluff. At least one adjacent property owner has secured US Army Corp. of Engineer's permitting. The proposed easement would require the subject adjacent property owners to all get Corp permitting prior to construction, comply with all local federal and state laws in the constructing and maintenance process, require separate specific City administrative approval prior to construction, obligate the property owners to maintain, repair, or remove the seawalls once constructed, and make them liable for any damages related to their construction, maintenance, repair, or removal of the seawalls. Your consideration is appreciated. EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEAWALL This Easement made this day of July, 2024, by the City of Kenai, a Home Rule Municipal Corporation, Grantor, owner of the following described property on which this is easement is created: Tract B, Kenai Bluff Stabilization Subdivision, according to the official plat thereof, filed under Plat Number 2021-32, Records of the Kenai Recording District, Third Judicial District, State of Alaska; Is for the benefit of the following described properties: 1. LOTS 9 AND 10, BLOCK 6, REDOUBT TERRACE SUBDIVISION ADDITION NO. 3, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER PLAT NUMBER 76-96. 2. LOTS 11A AND 12A, BLOCK 6, REDOUBT TERRACE SUBDIVISION ADDITION NO. 5, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER PLAT NUMBER 93-19. 3. LOTS 13 AND 14, BLOCK 6, REDOUBT TERRACE SUBDIVISION ADDITION NO. 7, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER PLAT NUMBER 83-207. All Records of the Kenai Recording District, Third Judicial District, State of Alaska. Purpose: This Easement created by the City of Kenai, is for the sole purposes of: 1. The right, but not obligation of the benefitted property's legal owners, their successors and assigns, to construct a seawall in compliance with all local, state and federal laws within 7 feet of the toe of the bluff on the property as it now, or may exist in the future, on the City's above described property. 2. The right of the benefited property's legal owners, their successors and assigns, to access any constructed seawalls for the purpose of construction, maintenance, repair, reconstruction and removal. Restrictions: 1. Any construction or reconstruction of a seawall by a benefited property owner may only commence after prior separate written approval of the design and location of said seawall by the City or its successors or assigns. 2. A seawall may only be a constructed by a benefited property owner, successors or assigns, directly seaward of the owner's property. 3. Any seawall must be constructed or reconstructed in a manner that does not interfere with the public's right to access public waters or to travel along the beach as protected in the Alaska Constitution, State Statutes and regulations. 4. The right to construct, reconstruct, access, maintain, repair, and remove any seawall is subject to reasonable regulations of the City of Kenai, and the City has the right, but not obligation, to regulate its property, including the location of the seawalls if any, constructed pursuant to this easement, for the benefit of the public, including removal if necessary. Obligations of Benefitted Property Owners that Construct a Seawall Pursuant to the Rights Granted in this Easement: 1. If any of the benefitted property owners construct, or reconstruct a seawall, the property owner, successors and assigns, are obligated to maintain and repair said seawall. The property owner, successor and assigns are further obligated to remove said seawall, if the seawall can no longer be maintained, or repaired, or are not maintained and repaired in a manner that effects public safety. Upon written notice by the City, its successors and assigns that a seawall has falling into disrepair, the seawall must be maintained, repaired or removed within a reasonable amount of time, not to exceed one year. If the property owner, successors or assigns does not remove, repair or maintain the seawall, the City, its successors or assigns, has the right, but not obligation, to remove, maintain, or repair the seawall and place a lien on the subject property for its cost of removal, maintenance or repair or pursue any other legal remedy for recovery of associated costs. Any construction or reconstruction of a seawall pursuant to this easement, is a specific grant by the benefitted property owner, its successors and assigns, of the right of the City, its successors and assigns, to lien the said property for seawall removal, repair or maintenance costs. 2. Any benefitted property owner, successors and assigns, that constructs, maintains, repairs, reconstructs, or removes a seawall, is responsible and liable for all damages associated with such activities, including but not limited to the claims of other property owners. The act of construction or reconstruction of a seawall by the benefitted property owners is an explicit agreement by the property owner, its successors and assigns, to defend, indemnify and hold harmless the City of Kenai, its agents, employees, and officers from any claims, losses, damages, liability, including injury and death or expense in any way related to any act or omission of the befitted property owner, its employees, agents, or invitees arising out of the construction, maintenance, repair, access, reconstruction or removal of said seawall. This easement shall run with the land and shall be binding on the parties, their heirs, successors and assigns forever, or until all benefitted parties agree, in writing, to release this easement or until there is no longer any relevant purpose for this easement. CITY OF KENAI Terry Eubank, City Manager STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of July, 2024, by Terry Eubank, the City Manager of the City of Kenai, a home rule municipality, on behalf of the City. Notary Public for State of Alaska My Commission Expires: view Map Title Vile' . WA MW 1 t 0 250 500 tt jM. Every reasonable effort has been made to ensure the accuracy of these data- However, by accepting this material, you agree that the Kenai Peninsula Borough assumes no liability of any kind arising from the use of this data- The Ma are provided without warranty of any kind, either expressed or implied, including but not limited to time, money or goodwill arising from the use, operation or modification of the data. In using these data, you further agree to idemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of aauracy or correctness of the data, or use of the data. Legend Transportation Mileposts Roads Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained Low / Seasonal Legal Trail Private State Hwy Platted 1 Proposed Parcels and PLSS Tax Parcels 9" Imagery ■ Red: Red ® Green: Green ■ Blue: Blue ■ Red: Red Green: Green Blue: Blue Red: Red Green: Green 6/27/2024 11:33:45 AM 0 KENAI CITY OF KENAI RESOLUTION NO. 2024-35 Sponsored by: Administration A RESOLUTION ADOPTING JOINT RESOLUTION NO. 2024-001 OF THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH AND THE COUNCILS OF THE CITY OF HOMER, KACHEMAK, KENAI, SEWARD, SELDOVIA, AND SOLDOTNA, SUPPORTING THE CITY OF KENAI SMALL COMMUNITY AIR SERVICE DEVELOPMENT GRANT PROPOSAL TO SUPPORT INCENTIVES AIMED AT DIRECT AIR SERVICES FROM THE KENAI MUNICIPAL AIRPORT TO SEATTLE/TACOMA AND THE LOWER 48. WHEREAS, residents of the Kenai Peninsula must travel through Anchorage when traveling by air outside of the State of Alaska; and, WHEREAS, travel times when driving to Anchorage range from two to as much as five hours in good weather conditions; and, WHEREAS, a recent study commissioned by Kenai Municipal Airport shows that the passenger market is sufficient to support nonstop flights to Seattle/Tacoma; and, WHEREAS, the benefits of adding direct flights from Kenai to the lower 48 include increased economic development, reduced traffic and congestion on Alaska Highway 1 and Sterling Highway corridors and less dependence on Anchorage Ted Stevens International Airport; and, WHEREAS, Joint Resolution No. 2024-001 support the efforts of the City of Kenai to apply for grant funding for the purpose of providing incentives aimed at direct air services from the Kenai Municipal Airport to Seattle/Tacoma and the Lower 48. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council adopts and hereby authorizes the Mayor of the City of Kenai to sign Joint Resolution 2024-01. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JULY, 2024. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI Page 32 CITY OF SOLDOTNA CITY OF SEWARD CITY OF HOMER CITY OF SELDOVIA CITY OF KACHEMAK KENAI PENINSULA BOROUGH JOINT RESOLUTION NO. 2024-001 A JOINT RESOLUTION OF THE COUNCILS OF THE CITIES OF KENAI, SOLDOTNA, SEWARD, HOMER, SELDOVIA, KACHEMAK RESPECTIVELY, AND THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH SUPPORTING THE CITY OF KENAI'S SMALL COMMUNITY AIR SERVICE DEVELOPMENT GRANT PROPOSAL TO SUPPORT INCENTIVES AIMED AT DIRECT AIR SERVICE FROM THE KENAI MUNICIPAL AIRPORT TO SEATTLE/TACOMA AND THE LOWER 48. WHEREAS, Communities of the Kenai Peninsula are some of the most isolated in the country, separated from Anchorage Ted Stevens International Airport by distances ranging from 126.5 miles to as much as 226 miles; and, WHEREAS, travel times range from two to as much as five hours in good weather conditions; and, WHEREAS, the Kenai Mountains separate the population of the Peninsula from the rest of Alaska, hampering potential economic growth; and, WHEREAS, a recent study commissioned by the Kenai Municipal Airport shows that the passenger market is large enough to support nonstop flights to Seattle/Tacoma with more than 800 passengers driving between the Kenai area and Anchorage daily for flights; and, WHEREAS, the study indicated the average one-way fare for passengers within the Kenai catchment area is $389, well above the national average for air travel, and is likely suppressing travel to and from the Kenai catchment area; and, WHEREAS, the benefits from additional jet flights to Kenai are multifold including increased economic development in the Kenai Peninsula, reduced traffic and congestion along Alaska Highway 1 and Sterling Highway corridors and less dependence on Anchorage Ted Stevens International Airport. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City of Kenai and the Cities of Soldotna, Seward, Homer, Seldovia, Kachemak, and the Kenai Peninsula Borough, respectively, support the City of Kenai and the Kenai Municipal Airport's Small Community Air Service Development Grant proposal and the respective administrations are authorized to execute letters of support or other necessary documentation in support of the City's request for federal assistance to provide schedule air service from Kenai to Seattle/Tacoma and the lower 48. Section 2. That this Resolution takes effect immediately upon adoption by the City Councils of the City of Kenai, Soldotna, Seward, Homer, Seldovia, and Kachemak and the Kenai Peninsula Borough Assembly. Joint Resolution No. 2024-001 Page 2 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS XXND DAY OF XXXX, 2024. Brian Gabriel Sr., Mayor ATTEST: Michelle M. Saner, MMC, City Clerk PASSED BY THE COUNCIL OF THE CITY OF SOLDOTNA, ALASKA, THIS XXND DAY OF XXXX, 2024. Paul J. Whitney., Mayor ATTEST: Johni Blankenship, MMC, City Clerk PASSED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS XXND DAY OF XXXX, 2024. Sue McClure., Mayor ATTEST: Kris Peck, City Clerk PASSED BY THE COUNCIL OF THE CITY OF HOMER, ALASKA, THIS XXND DAY OF XXXX, 2024. Ken Castner., Mayor ATTEST: Melissa Jacobsen, MMC, City Clerk Joint Resolution No. 2024-001 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF SELDOVIA, ALASKA, THIS XXND DAY OF XXXX, 2024. Jeremiah Campbell., Mayor ATTEST: Liz Diament, City Clerk PASSED BY THE COUNCIL OF THE CITY OF KACHEMAK, ALASKA, THIS XXND DAY OF XXXX, 2024. Connie Isenhour., Mayor ATTEST: Laurie Wallace, City Clerk PASSED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH, ALASKA, THIS XXND DAY OF XXXX, 2024. Brent Johnson., Assembly President ATTEST: Michele Turner, CIVIC, Borough Clerk City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: June 27, 2024 SUBJECT: Resolution No. 2024-35 — Joint Resolution 2024-001 At the Kenai City Council meeting on June 19, Volaire Aviation Consulting presented the results of a Leakage and Retention Study commissioned by the Kenai Municipal Airport. The study reveals that the passenger market is robust enough to support nonstop flights to Seattle/Tacoma, with over 800 passengers driving daily to or from the Kenai area to Anchorage for flights. Implementing this project would reduce road traffic and provide direct travel options to Seattle. The introduction of jet flights to Kenai offers numerous benefits, including a significant boost to economic development in the western Kenai Peninsula, reduced traffic and congestion along the Alaska Highway 1 corridor, and decreased reliance on Anchorage Ted Stevens International Airport. However, the report also identified several challenges in attracting an airline to establish direct flights from Kenai to Seattle/Tacoma. These challenges include a current pilot shortage, increased costs, and fewer airlines. To help address these obstacles, the City's consultant identified a grant opportunity through the Small Community Air Service Development Grant Program (SCASDP). This program, funded by the Airport and Airway Trust Fund (AATF), provides financial assistance to small communities to enhance their air service. The AATF collects revenue from taxes on domestic flight tickets, international arrivals and departures, air cargo, plane fuel, and purchases in loyalty and frequent flier programs. In response, the Administration has reached out to the cities of Soldotna, Seward, Homer, Seldovia, Kachemak, and the Kenai Peninsula Borough for support through a Joint Resolution. Joint Resolution No. 2024-001 endorses the City of Kenai's application for SCASDP grant funding to provide incentives for direct air services from the Kenai Municipal Airport to Seattle/Tacoma and the Lower 48, aiming to enhance economic development and reduce traffic congestion. Your support is respectfully requested. KENAI CITY COUNCIL — REGULAR MEETING Page 36 JUNE 19, 2024 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINIITFS A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on June 19, 2024, 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 Victoria Askin James Baisden A quorum was present. Absent: Alex Douthit Also in attendance were: Terry Eubank, City Manager Scott Bloom, City Attorney David Swarner, Finance Director Linda Mitchell, 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 E.6. Public Hearing — Resolution No. 2024-26 • Aerial Map Add to item E.11. Public Hearing — Resolution No. 2024-31 • Aerial Map Add to item H.7. Action/Approval - Special Use Permit to Shane Morgan for Sheet Pile Storage • Request to remove from consent and Amendment Memo [Clerk's Note: Agenda Item H. 7. Special Use Permit to Shane Morgan for Sheet Pile Storage was removed from the Consent Agenda to be heard at its regular place on the Agenda.] MOTION: City of Kenai Council Meeting Page 1 of 9 June 19, 2024 Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Baisden SECONDED the motion. The items on the Consent Agenda were read into the record. Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED, without objection. *All items listed with an asterisk (*) are considered to be routine and non -controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council 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 Water and Wastewater Rate Study, William Wilks of Parrish, Blessing & Associates, Inc. Mr. Wilks provided a presentation on the rate study for the water and wastewater utility of the City noting, the rate study was a comprehensive analysis of the utility's revenue requirements, including operating costs, capital costs and reserves; presented the results of the study, including a scenario analysis showing the impact of different rate increases; recommended a strategy of modest rate increases starting at five -percent in 2024 and increasing by four -percent annually thereafter; and emphasized the importance of regularly reviewing the rate model to ensure rates are adequate to cover expenses and reserves. 2. Kenai Regional Airport - Leakage and Retention Study, Jack Penning of Volaire Aviation Consulting. Mr. Penning provided a presentation on the air service market in Kenai noting, from 1995 to 2003 the average daily passenger traffic has decreased by 33%; the average fare for passengers flying out of Kenai is $389 compared to the nation average of $185; 95% of passengers flying out of Kenai have connecting flights in Anchorage, indicating they are buying two separate tickets; the airline industry is facing significant challenges, including pilot shortage and rising costs; there is potential for growth in the air service market in Kenai, if fares are lowered to make travel more affordable; and the community can support more flights without damaging current services, there is an opportunity to attract more passengers with lower fairs. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. PUBLIC HEARINGS 1. Ordinance No. 3421-2024 - Increasing Estimated Revenues and Appropriation in the Kenai City Airport Snow Removal Equipment, Visitor Center, and Public Safety Capital Project Funds to Transfer Residual Balance from Completed Projects Back to their Original Funding Sources. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3421-2024. 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. City of Kenai Council Meeting Page 2 of 9 June 19, 2024 VOTE: YEA: Knackstedt, Daniel, Gabriel, Askin, Baisden, Sounart NAY: None ABSENT: Douthit MOTION PASSED. 2. Ordinance No. 3422-2024 - Increasing Estimated Revenues and Appropriations in the General Fund and Public Safety Capital Project Fund for Cost in Excess of Projected Budgeted Amounts for Fire Department Flooring Replacement Phase 2. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3422-2024. Council Member Daniel SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Daniel, Gabriel, Askin, Baisden, Sounart, Knackstedt NAY: None ABSENT: Douthit MOTION PASSED. 3. Ordinance No. 3423-2024 - Increasing Estimated Revenues and Appropriations in the General Fund and Personal Use Fishery Fund for Annual Transfer from Personal Use Fishery Fund to the General Fund for Non -Departmental Expenses. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3423-2024. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that $75,000 was the typical amount transferred annually. VOTE: YEA: Gabriel, Askin, Baisden, Sounart, Knackstedt, Daniel NAY: None ABSENT: Douthit MOTION PASSED. 4. Ordinance No. 3424-2024 - Increasing FY2025 Estimated Revenues and Appropriations in the General Fund and Authorizing Renewal of the City's Property, Liability, Workers' Compensation, Airport and Other Ancillary Policies with the Alaska Municipal League Joint Insurance Association for July 1, 2024 through June 30, 2025. (Administration) [KMC 1.15.070(d)] MOTION: Vice Mayor Knackstedt MOVED to introduce Ordinance No. 3424-2024. Council Member Sounart SECONDED the motion. VOTE ON MOTION TO INTRODUCE: YEA: Daniel, Gabriel, Sounart, Baisden, Askin, Knackstedt NAY: None ABSENT: Douthit MOTION TO INTRODUCE PASSED. City of Kenai Council Meeting Page 3 of 9 June 19, 2024 MOTION: Vice Mayor Knackstedt MOVED to conduct the second reading on Ordinance No. 3424-2024. Council Member Sounart SECONDED the motion. VOTE ON MOTION FOR SECOND READING: YEA: Gabriel, Sounart, Baisden, Askin, Knackstedt, Daniel NAY: None ABSENT: Douthit MOTION FOR SECOND READING PASSED. MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3424-2024. 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. VOTE: YEA: Baisden, Sounart, Knackstedt, Daniel, Gabriel, Askin NAY: None ABSENT: Douthit MOTION PASSED. 5. Resolution No. 2024-25 - Authorizing the Use of the Fleet Replacement Fund for the Purchase of Equipment to Upfit Three New Police Vehicles. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-25. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED, without objection. 6. Resolution No. 2024-26 - Approving a Twelve -Month Extension of Time for Good Cause for the Completion of Permanent Improvements for a Lease Between the City of Kenai and State of Alaska, Division of Forestry for Airport Reserve Lands Described as Lot 4A, FBO Subdivision No.11, Plat No. 2021-44. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-26. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED, without objection. 7. Resolution No. 2024-27 -Authorizing the City Manager to Enter into an ATM Concession Agreement for the Kenai Municipal Airport. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-27. Council Member Sounart SECONDED the motion. City of Kenai Council Meeting Page 4 of 9 June 19. 2024 Page 40 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 location the ATM would be placed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED, without objection. 8. Resolution No. 2024-28 - Amending City Council Policy No. 20.020 Commissions, Committees and Council on Aging Procedures to Amend the Meeting Location for the Airport Commission and Making Other Housekeeping Amendments. (City Clerk) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-28. Council Member Daniel 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 this would relocate the Airport Commission meetings back to Council Chambers and amend the Policy to reflect the changes made to Kenai Municipal Code related to Standing Advisory Commissions. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED, without objection. 9. Resolution No. 2024-29 -Authorizing a Service Agreement for the Personal Use Fishery Dumpsters and Portable Restrooms. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2024-29. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED, without objection. 10. Resolution No. 2024-30 - Authorizing a Contract Award and Corresponding Purchase Order for the 2024 Recreation Center Epoxy Flooring Project. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-30. 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 noted that it was good to see more than one bidder on the project. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED, without objection. 11. Resolution No. 2024-31 - Approving a Twelve -Month Extension of Time for Good Cause for the Completion of Permanent Improvements for a Lease between the City of Kenai and Joel Caldwell for Airport Reserve Lands Described as Lot 3, Block 4, General Aviation Apron Subdivision No. 1, Plat No. 73-68. (Administration) City of Kenai Council Meeting Page 5 of 9 June 19, 2024 Page 41 MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-31. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED, without objection. F. MINUTES *Regular Meeting of June 5, 2024. (City Clerk) G. UNFINISHED BUSINESS 1. Resolution No. 2024-17 - Renaming Cook Inlet View Drive to Cook Inlet Drive. (Sounart) [On 05115124 this item was referred to the Planning and Zoning Commission for recommendation to Council and postponed to 06105124; on 06105124 this item was postponed as amended to the 06119124 City Council meeting.] [Clerk's Note: The motion to adopt Resolution No. 2024-17 was on the floor from the May 15, 2024 City Council meeting.] 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 name is misleading indicating there is a view and attracts tour buses and other users causing congestion and safety concerns for residents; the families living in the area share the same concerns and support changing the name; the sign is a State of Alaska, Department of Transportation Sign (DOT); and the DOT is willing to let the City make the changes to the sign. UNANIMOUS CONSENT was requested on the motion as amended. VOTE: Motion APPROVED, without objection. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Special Use Permit to the State of Alaska, Division of Forestry for Use of 30,000 Square Feet of Apron Space at the Kenai Municipal Airport. (Administration) Approved by the consent agenda. 3. *Action/Approval - Special Use Permit to Echo Lake Meats for Use of 20 Square Feet of Terminal Space at the Kenai Municipal Airport. (Administration) Approved by the consent agenda. 4. *Action/Approval -Special Use Permit to Kenai Aviation Operations, LLC for Use of 1200 Square Feet of Apron Space at the Kenai Municipal Airport. (Administration) Approved by the consent agenda. 5. *Action/Approval - Special Use Permit to Weaver Brothers, Inc. for Trucks and Trailers Storage. (Administration) City of Kenai Council Meeting Page 6 of 9 June 19, 2024 Approved by the consent agenda. 6. *Action/Approval - Special Use Permit to Kenai Chamber of Commerce and Visitor Center - Moose Meat John Cabin. (Administration) Approved by the consent agenda. 7. Action/Approval - Special Use Permit to Shane Morgan for Sheet Pile Storage. (Administration) MOTION: Vice Mayor Knackstedt MOVED to the Special Use Permit to Shane Morgan. Council Member Askin SECONDED the motion. Vice Mayor Knackstedt MOVED to amend the effective date of the Special Use Permit to Shane Morgan from July 3, 2024 to June 20, 2024. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend. VOTE: Motion APPROVED, without objection. It was reported this would allow storage of steel sheet piling; the steel will be used along the property to minimize erosion; and this will allow storage of the steel at a location near the installation site. UNANIMOUS CONSENT was requested on the main motion as amended. VOTE: Motion APPROVED, without objection. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Commission No report, next meeting July 11, 2024. 2. Airport Commission Vice Mayor Knackstedt reported on the June 13, 2024 meeting, next meeting July 11, 2024. 3. Harbor Commission No report, next meeting August 12, 2024. 4. Parks and Recreation Commission Council Member Askin reported on the June 6, 2024 meeting, next meeting August 1, 2024. 5. Planning and Zoning Commission No report, next meeting June 26, 2024. 6. Beautification Commission No report, next meeting September 10, 2024. J. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Thanked Vice Mayor Knackstedt for filling in for him at the last meeting. • Thanked everyone involved for the work on the budget. • Cutting the ribbon at the Bluff Stabilization Project Ribbon Cutting Ceremony. K. ADMINISTRATION REPORTS 1. City Manager - City Manager Eubank reported on the following: City of Kenai Council Meeting Page 7 of 9 June 19, 2024 Page 43 • Attending the Bluff Stabilization Project Ribbon Cutting Ceremony, noting the great turn out. • There will be a Ribbon Cutting Ceremony at Municipal Park for the new inclusive seesaw on June 27, 2024 at 1:00 p.m. • The Kenai Peninsula Borough Ordinance placing a bed tax question on the ballot was tabled at their last meeting and may be brought back up at their July meeting. • A Kenai Peninsula Borough Assembly member is working on expanding the boundaries of the Nikiski Senior Service Area, City representation will be present during the process to clarify the services already being provided by the City. • The Kite Festival was a success. • Public Use Fishery is quickly approaching. • Played a Video of the battery back up system created by the mechanics at our shop for installation in the police cars. 2. City Attorney - No report 3. City Clerk - City Clerk Saner reported on the following: • Upcoming 2024 Election Cycle. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) -None. 2. Council Comments Council Member Sounart reported attending the Bluff Stabilization Project Ribbon Cutting Ceremony, noting it was a beautiful morning. Council Member Askin reported attending the Bluff Stabilization Project Ribbon Cutting Ceremony and having the opportunity to talk with the contractor about the rock testing process. Council Member Daniel reported attending the Bluff Stabilization Project Ribbon Cutting Ceremony and reported he would be absent from the July 3, 2024 meeting. Council Member Knackstedt noted he enjoyed the Bluff Stabilization Project Ribbon Cutting Ceremony. M. EXECUTIVE SESSION 1. Discussion of Potential Payroll Settlement. (AS 44.62.310(c)(1) and AS 44.62.310(c)(3)] MOTION: Vice Mayor Knackstedt MOVED to enter into executive to discuss a potential payroll settlement which may be a subject that immediate knowledge of would clearly have an adverse effect upon the finances of the City and is a matter which by law, municipal charter or ordinance is required to be confidential. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. MOTION: Vice Mayor Knackstedt MOVED to reconvene into regular session. Council Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. City of Kenai Council Meeting Page 8 of 9 June 19, 2024 Page 44 [Clerk's Note: The Council entered into executive session at 8:19 p.m. and reconvened into regular session at 8:40 P.M.] N. PENDING ITEMS - None. O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 8:41 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of June 19, 2024. 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. City of Kenai Council Meeting Page 9 of 9 June 19, 2024 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JULY 3, 2024 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PREMERA INVESTMENTS JUNE PREWUM VARIOUS LIABILITY 192,501.63 VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. PURCHASE ORDERS OVER $36,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JULY 3, 2024 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT CONSTRUCTION LILAC LANE ROADWAY 127559 - MUNICIPAL ADMINISTRATIVE NELSON ENGINEERING IMPROVEMENTS ROADWAY SERVICES 10,000,00 48,840.00 PENINSULA REFUSE FY24 DUMPSTER SERVICE 127552 - WWTP TWO MONTH EXTENSION 25,000.00 127,765.02 127001 - BRENNTAG PACIFIC FY24 CHEMICALS WWTPNVATER TWO MONTH EXTENSION 15,000,00 104,722,10 City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: June 25, 2024 SUBJECT: Purchase Order — Nelson Engineering The purpose of this memo is to request Council's authorization to increase Purchase Order 127559 to Nelson Engineering from $38,840 to $48,840 to cover construction administrative services associated with the Lilac Lane Roadway Improvements Project. Council recently awarded the construction agreement for this project to Peninsula Construction at the June 5, 2024 council meeting through passage of Ordinance 3420-2024. The additional fees associated with Nelson's additional efforts were not known at that time, and as such were left out of that Ordinance. The Contractor was provided a Notice to Proceed on June 15th, construction is anticipated to start in early July and continue into the fall with all work expected to be completed this construction season. Submittal reviews and approvals are ongoing. Council's authorization is respectfully requested. City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: June 25, 2024 SUBJECT: Purchase Order - Peninsula Refuse The purpose of the memo is to request a two -month contract extension to Peninsula Refuse LLC's dumpster service agreement for the Public Works Water & Sewer Department. The current agreement for these services is set to expire on June 30, 2024 and will now be August 31, 2024 with this extension. Their current contract for FY2024 services is $102,765.02. This two -month extension will add $25,000 for a new contract total of $127,765.02. As these services will be provided during the FY2025 operations, a new Purchase Order to Peninsula Refuse LLC in the amount of $25,000 will be opened. Staff is preparing an Invitation to Bid to be released in the next few weeks for the Water & Sewer Dumpster Services through June 30, 2026. Council can expect to see legislation to award that agreement at an upcoming council meeting in August. Council's authorization is respectfully requested. City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: June 25, 2024 SUBJECT: Purchase Order — Brenntag Pacific The purpose of the memo is to request a two -month contract extension to Brenntag Pacific's chemical supply agreement for the Public Works Water & Sewer Department. The current agreement for FY2024 chemicals is set to expire on June 30, 2024 and will now be August 31, 2024 with this extension. As the chemicals to be ordered during this time extension are for the FY2025 operations a new Purchase Order to Brenntag Pacific in the amount of $15,000 will be opened. The original contract was $89,722.10 and with this increase of $15,000, the new agreement will be for $104,722.10. Brenntag Pacific has agreed to hold their pricing during this time extension. Staff is preparing an Invitation to Bid to be released in the next few weeks for Chemical supply through June 30th 2026. Council can expect to see legislation to award that agreement at an upcoming council meeting in August. Council's authorization is respectfully requested. FISCAL YEAR 2025 PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: DULY 3, 2024 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT NALGO COMPANY FY25 CHEMICALS WATER OPERATING SUPPLIES 50,000.00 City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: June 25, 2024 SUBJECT: Purchase Order - Nalco This memo is to request approval for our annual Purchase Order to Nalco Company LLC for the supply of proprietary chemicals for the Water Treatment Plant for the 2025 Fiscal Year. Sufficient budget for this purchase resides in the Water Operating Repair & Maintenance Supply account, as authorized through Council's approval of the FY2025 budget. This is a routine annual sole source purchase. Account information below: 010-465-2022 Water Operating Repair & Maintenance Supply - $50,000 The Water Department will be conducting water sampling and testing this fall, which will be open to a competitive process with multiple firms being invited. This is intended to provide multiple vendor options for the Utility to ensure chemicals are being purchased as cost effectively as possible. For this reason the initial purchase order is only being requested for $50,000, there is a possibility a different Vendor will be providing these chemicals after the testing is completed. Council will see additional legislation if that comes to pass. Council's approval is respectfully requested. City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 20, 2024 SUBJECT: Liquor License Renewal — The White Moose The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of license: Applicant: G & P Inc. D/B/A: The White Moose License Type: Beverage Dispensary License No.: 204 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, a letter of non -objection to the liquor license renewal will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. THE STATE 'ALASKA GOVERNOR MIKE DUNLEAVY Page 53 Department of Commerce, Corn and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 May 13, 2024 From: Alcohol.Iicensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Country Liquor LLC DBA: Country Liquor VIA email: gianainc@gmail.com Local Government 1: Kenai Peninsula Borough Local Government 2: Kenai Via Email: micheleturner@kpb.us; sessert@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; mquainton@kpb.us; jkasper@kpb.us; cityclerk@kenai.city Community Council: N/A Via Email: N/A License Number: 204 License Type: Beverage Dispensary Licensee: G & P Inc. Doing Business As: The White Moose Physical Address: 815 Frontage Road Designated Licensee: Joanna Pitsilionis Phone Number: 907-252-6430 Email Address: gianainc@gmail.com ® License Renewal Application Dear Licensee: ❑ Endorsement Renewal Application Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.510, and AS O4.11.520. Your application is now considered complete and will be sent electronically to the local governing body(ies), your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(ies) will have 60 days to protest the renewal of your license. Your application will be scheduled for the April 161h, 2024, board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS 04.11.480(a). Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above listed licenses within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsement, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat -Su Borough only) We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above referenced entities regarding the above application, as required under AS 04.11.310(b) and AS O4.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely, Joan M. Wilson, Director 907-269-0350 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Shellie Saner 5/13/2024 5:58:18 PM (Form Submission) Approve by Cindy Herr 511412024 9:34:39 AM {Legal Asst Review} 0 No monies owed in restitution or traffic fines The task was assigned to Cindy Herr. The due date is: May 22, 2024 5:00 PM 5/13/2024 5:58:20 PM Approve by Tina Williamson 5114/2024 10-13:22 AM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: May 22, 2024 5:00 PM 5/13/2024 5:58:20 PM Approve by David Ross 5/14/2024 12:00:31 PM (Police Department Review) • The task was assigned to David Ross. The due date is: May 22, 2024 5:00 PM 5/13/2024 5:58:19 PM Approve by Scott Curtin 5/16/2024 7:37:51 PM (Building Official Review) The task was assigned to Scott Curtin. The due date is: May 22, 2024 5:00 PM 5/13/2024 5:58:19 PM Approve by Jeremy Hamilton 5/21/2024 11:07:00 AM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is: May 22, 2024 5:00 PM 5/13/2024 5:58.19 PM Approve by Linda Mitchell 6/13/2024 7:40:15 AM (Lands Review) The task was assigned to Linda Mitchell. The due date is: May 22, 2024 5:00 PM 5/13/2024 5:58:20 PM Approve by Linda Mitchell 6/13/2024 7:49:41 AM (P&Z Department Review) • The task was assigned to Linda Mitchell. The due date is: June 24, 2024 5:00 PM 6/13/2024 7:40:17 AM Approve by Scott Bloom 6/13/2024 9:04:24 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: June 24. 2024 5:00 PM 6/1312024 7:40:17 AM Approve by David Swarner 6/20/2024 10:37:27 AM (Finance Review) • The task was assigned to David Swarner. The due date is: June 24, 2024 5:00 PM 6/13/2024 7:40:16 AM AMGO License Application Date 5113/2024 Establishment Information License Type Beverage Dispensary Licensee G&PInc. Doing Business As The White Moose Premises Address City, State 815 Frontage Road Kenai, AK Contact Information Contact Licensee Joanna Pitsilionis Contact Phone No. Contact Email 907-252-6430 gianainc@gma il.com Additional Contact Information Name Phone No. Email Documents File Upload 204 Complete 24-25 Renewal Application Notice.pdf 305.03KB 204 Complete 24-25 Renewal Application.pdf 297.08KB ,-550 W 7hAvenue Anchor Page 57 AMCD alcohol.licensin hops:// www. c o m rrsa rce. al a sk a. goy/wc b/a rn co Phone: 907.269.0350 rryl►-Rot, toscY Alaska Alcoholic Beverage Control Board Farm AB-17: 2024/2025 General Renewal Application ■ This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than January 2, 2024 per AS O4.11.270, 3 AAC 305.050, with all required fees paid in full, or a non-refundable $S00.00 late fee applies. ■ Any complete application for renewal or any fees for renewal that have not been postmarked by February 28, 2024 will be expired per AS 04.11.540, 3 AAC 305.050(e). • All fields of this application must be deemed complete by AMCD staff and must be accompanied by the mandatory fees and all documents required, or the application will be returned without being processed, per A5 04.11.270. • Receipt and/or processing of renewal payments by AMCD staff neither indicates norguarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Section I - Establishment Contact Information Doing Business As: I TV' 6 W A t TE Mod SE- I License #: I 2 oq If your mailing address has changed, write the NEW address below: Mailing Address: (__3� � r I N C + , 6. k I; t City: K-6 IV P [ State: L AS v— A� zlP: Section 2 - Licensee Contact Information Contact Licensee: The individual listed below must be part of the ownership structure of the licensee listed in Section 1. This person will be the designated point of contact regarding this license unless the Optional contact is completed. Contact Licensee:-P P I'C S t LL o► 1 Contact Phone: � A Contact Email: [ A, N A t(Q C ] tA6L w t - p Optional: If you wish for AMCD staff to communicate with anyone other than the Contact Licensee (such as legal counsel) about your license, list their information below: �PdNLes r V t Vf-S Qiz 90-4 7-S2— W 30 Name of Contact: p A, Pt T s iL �oNI Contact Phone: q o-+ qG-3 ZZZ Contact Email: f fArJ A, 1 Ok_^Ql t_ �Lo IV\ Section 3 -for Package Stores ONLY; Written Order Information YES NO Do you intend to sell alcoholic beverages and ship them to another location in response to written solicitation in calendar years 2024 and/or2025? If so, you will need to apply for a Shipping Endorsement here: El El https://accis.elicense365.com/# Section 4 - Ownership Structure Certification A YES NO RCEIVE'D Did the ownership structure of the licensed business change in 2022/2023? [N .BAN 0 21024 If Yes, and you have NOT notified AMCD, list the updated information on form AB-39: Change of Officers and submit with your renewal application. If No, certify the statement below by initialing the box to the right of the statement: I certify that the ownership structure of the business who owns this alcohol license did not change in any way during the calendar years 2022 or 2023. [Form AB-17] (rev 10/9/2023) / D D -;v911284 page 1 of 3 AM(0 Alaska Alcoholic Beverage Control Board -,, ,,��• Form AB-17: 2024/2025 License Renewal Application Page58 Section 5 - License Operation Unless you operated more than 240 hours in 2022 or 2023, check ONEBDHforEACH CALEIVDAn YEAR that hest describes howthisalcoholic beverage license was operated asset forth in AS O4,11.330; 2022 2023 1. The license was only operated during a specified time each year. (Not to exceed 6 months per year) n If your operation dates have changed. list them below: �I to 2. The license was only operated to meetthe minimum requirement of 240 total hours each calendar year. A complete AB-30. Proof of Minimum t7perotian_ Checklist. and all documentation must be provided with this form.El El 3. The license was not operated at all or was not operated for at least the minimum requirement of 240 total ❑ hours each year, during one or bath caIendarye ars. A complete Form AB-29: Waiver of Opera tion Application and corresponding fees must be submitted with this ggagMti_onforench calendar year during which the license was not operated. Section S - Violations and Convictions YES NO Have any Notices of Violation been issued far this license in 2022 or 2023? Has any person orentity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS04.21.010 in 2022 or 2023? D 0 If you checked YES, you MUSTattach a list of all Notices of Violation and/or Convictions per AS 04,11.270(a)(2). If you are unsure if you have received any Notices of Violation, contact the office before submitting this farm. Section 7 —Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 305, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • [agree to provide all information required by the Alcoholic Beverage Control Board at requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license being potentially expired if I do not comply with statutory or regulatory requirements. • I certify that in accordance with AS O4.11.450, no one other than the licensee(s), as defined in AS O4.11.260, has a director indirect financial interest in the licensed business. + 1 certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPQ and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license and have provided all required documents for any new or changes of officers. • I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type asset forth in A5 04.21.025 and 3 AAC 305.700. • 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 a misrepresentatian of any item or response in this application, or any attachment, ar 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. RECEI WED JAN Q 2 2074 [Form AS-17] (rev 10(9f 2023) Page 2 of 3 f.. ..&,• NICO': Alaska Alcoholic Beverage Control Board -.,, ,,.• Form AB-17: 2024/2025 License Renewal Application �p%,401 [ L-l b rS i S, Printed name of licensee Restaurant and Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed AB-36: Recreational Site Statement Tourism applications must include a completed AB-37: Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification Common Carrier applications must include a current safety inspection certificate All renewal and supplemental forms are available online: https://www.commerce.alaska.gov/web/amco/Alcoholl icenseApplicatlon.aspx RTOMD jaN 0 2 2024 FOR OFFICE USE ONLY License Fee: Is Application Fee: $ 300.00 1 Misc. Fee: $ Total Fees Due: i $ [Form AB-17] (rev 10j9/2023) Page 3 of 3 rivision of Corporations, Business and Professional Licensing https://www.comrnerce.alaska.gov/cbp/main/search/entities ENTITY DETAILS Name(s) Type Legal Name Entity Type: Business Corporation Entity #: 64845D Status: Good Standing AFC Formed Date: 9/24/1998 Duration/Expiration: Perpetual Home State: ALASKA Name G & P, INC. Next Biennial Report Due: 1/2/2026 Entity Mailing Address: PO BOX 2917, KENAI, AK 99611 Entity Physical Address: 811 MAfN STREET, KENAI, AK 99611 Registered Agent Agent Name: Joanna Pitsilionis Registered Mailing Address: P❑ BOX 151, KENAI, AK 99611 Registered Physical Address: 811 MAIN ST, KENAI, AK 99611 Officials ElShow Farmer AK Entity # Name Titles Owned Joanna Pitsilioniis Director, President, Secretary, Shareholder, Treasurer 1 ()O.QO Filed Documents Date Filed Type Filing Certificate 9/24/1998 Creation Filing Click to View 9/25/1998 Biennial Report 6/06/2000 Biennial Report Click to View 2/04/2002 Biennial Report Click to View 6/10/2004 Biennial Report Click to View 7/10/2006 Change of Officials Click to View 4/19/2007 Biennial Report Click to View 7/06/2012 Biennial Report Click to View 7/0612012 Biennial Report Click to View 7/06/2012 Biennial Report Click to View 4/16/2014 Biennial Report Click to View 1 of 2 315/2024, 8:34 AM )ivision of Corporations. Business and Professional Licensing Date Filed Type 2/29/2016 Biennial Report 2/23/2018 Biennial Report 8/20/2020 Biennial Report 2/25/2021 Change of Officials 3/09/2022 Biennial Report 3/10/2023 Change of Officials 3/10/2023 Agent Change 1/06/2024 Biennial Report Close Details hnps://www,commerce.alaska.govicbp/main/searchJentitie; Filing Certificate page 61 Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View JW Print Friendly Version 2 of 2 31512024, 8:34 AM O KENAI PENINSULA Borough Office of the Borough Clerk 144 North Binkley Street, Soldotna, AK 99669 1 (P) 907-714-2160 1 (F) 907-714-2388 1 www.kpb.us Wednesday, May 15, 2024 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Non -Objection of Application Licensee/Applicant G & P, Inc. Business Name The White Moose License Type Beverage Dispensary License Location 815 Frontage Road, Kenai, AK 99611, City of Kenai License No. 204 Application Type License Renewal Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, -4 W�' -6 tuA Michele Turner, CIVIC Borough Clerk cc: gianainc@gmail.com; mailto:amco.localgovernmentonly@alaska.gov City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 20, 2024 SUBJECT: Liquor License Renewal — Wal-Mart Supercenter #4474 The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of license: Applicant: Walmart, Inc. D/B/A: Wal-Mart Supercenter #4474 License Type: Package Store License No.: 4878 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, a letter of non -objection to the liquor license renewal will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. THE STATE 'ALASKA GOVERNOR MIKE DUNLEAVY Page 64 Department of Commerce, Com , and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 May 17, 2024 From: Alcohol.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Walmart, Inc. DBA: Wal-Mart Supercenter #4474 VIA email: angie.coleman@walmart.com; complic@wal-mart.com Local Government 1: Kenai Peninsula Borough Local Government 2: Kenai Via Email: micheleturner@kpb.us; ikasper@kpb.us; sessert@kpb.us; mienkins@kpb.us; nscarlett@kpb.us; mienkins@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; mquainton@kpb.us; cityclerk@kenai.city Community Council: N/A Via Email: N/A RE: Package Store License #4878 Combined Renewal Notice License Number: 4878 License Type: Package Store Licensee: Walmart, Inc. Doing Business As: Wal-Mart Supercenter #4474 Physical Address: 10096 Kenai Spur Highway ® License Renewal Application Dear Licensee: ❑ Endorsement Renewal Application Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.510, and AS O4.11.520. Your application is now considered complete and will be sent electronically to the local governing body(ies), your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(ies) will have 60 days to protest the renewal of your license. Your application will be scheduled for the June 25, 2024, board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS 04.11.480(a). Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above listed licenses within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsement, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat -Su Borough only) We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above referenced entities regarding the above application, as required under AS 04.11.310(b) and AS O4.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely, Joan M. Wilson, Director 907-269-0350 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 5/20/2024 1:19-43 PM (Form Submission) Approve by Cindy Herr 5/20/2024 1:33:37 PM (Legal Asst Review) 0 No monies owed In restitution or fines The task was assigned to Cindy Herr. The due date is: May 29, 2024 5:00 PM 5/2012024 1:19:45 PM Approve by Tina Williamson 5/20/2024 2:44:05 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: May 29, 2024 5:00 PM 5/20/2024 1:19:45 PM Approve by Jeremy Hamilton 5/21/2024 11:06:48 AM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is: May 29. 2024 5:00 PM 5120/2024 1:19:44 PM Approve by Ben Lang ham 5/22/2024 10:10:14 AM (Police Department Review) The task was assigned to Ben Langham. The due date is: May 29, 2024 5:00 PM 5/20/2024 1:19:44 PM Approve by Scott Curtin 5/23/2024 5:42:15 PM (Building Official Review) The task was assigned to Scott Curtin. The due date is: May 29. 2024 5:00 PM 5/20/2024 1:19:44 PM Approve by Linda Mitchell 6/13/2024 7:40:08 AM (Lands Review) The task was assigned to Linda Mitchell. The due date is: May 29, 2024 5:00 PM 5/20/2024 1:19:45 PM Approve by Linda Mitchell 6/13/2024 7:53:39 AM (P&Z department Review) The task was assigned to Linda Mitchell. The due date is: June 24, 2024 5:00 PM 6/13/2024 7:40:10 AM Approve by Scott Bloom 6/13/2024 9:04:12 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: June 24, 2024 5:00 PM 6/1312024 7:40:10 AM Approve by David Swarner 6/20/2024 10:37:41 AM (Finance Review) • The task was assigned to David Swarner. The due date is: June 24, 2024 5:00 PM 6/13/2024 7:40:10 AM AMCO License Application Date 5120/2024 Establishment Information License Type Package Store Liquor License Licensee Walmart, Inc. Doing Business As Wal-Mart 5upercenter #4474 Premises Address City, State 10096 Kenai Spur Highway Kenai, AK Contact Information Contact Licensee Angie Coleman Contact Phone No. Contact Email 479-258-6107 angie.coieman@walmart.com Additional Contact Information Name Phone No. Email 479-204-2096 complic@wal-mart.com Documents File Upload 4878 Complete 24-25 Renewal Appiication.pdf 206.77KB 4878 Complete 24-25 Renewal Notice.pdf 293.88KB 4878_2024-05-17 ABC_Non—Obj_Letter.pdf 219.91t13 5/16124, 3.33 PM Workitem Process License Renewal Is this application being made by you for the benefit of someone else? If "YES," indicate below or attach explanation. No Has the applicant, applicant's spouse, partner, officer, director or stockholders, of the licensed entity become disqualified by law or by facts and conditions from holding a license or permit under the Alcohol and Cannabis Control Information System Alcoholic Beverage Code ? If "YES," indicate below or attach explanation. No Have there been changes since your original application that have not been reported on this or previous applications ? If "YES," indicate below or attach explanation. No Dbipdth&Wk cdAwtbtlrdlmtcdic beRegIagnseatidwritten solicitation in the next two No How many hours did you operate in 2022 as set forth in AS O4.11.330? Operated to meet the minimum 240 hrs. How many hours did you operate in 2023 as set forth in AS O4.11.330? Operated to meet the minimum 240 hrs. Are you a seasonal license and has your operation times/dates/seasons changed? No Has any person or entity in this application been convicted of a violatiod aoAStle 04, 3AAC 304 or a local ordanince adopted u 04.21.010 in 2022 or 20232 No Have any Notices of Violation been issued for this license in 2022 or 2023? No years ? License Number: # License Expiration Date: # License Trade Name: 4878 12/31/2023 Wal-Mart Supercenter #4474 Mailing Address: 702 SW 8TH STREET MS 0500 Bentonville, AR 72716 https://accis.elicense365.com/process/workflow? Workitem I D=1630&WorkitemTypel D=1 & WorkitemType=LIC# 1 /1 Document reference ID : 918 Licensing Application Summary Application ID: Applicant Name: License Type applied for: Application Status: Application Submitted On: Entity Information Business Structure: Alaska Entity Number (CBPL): 918 Walmart, Inc. Package Store License(PSL) (AS O4.09.230) In Review 05/16/2024 Corporation 5118OF Entity Contact Information Entity Address: 702 SW 8th St, Bentonville, AR, USA Ownership / Principal Party Details Principal Parent Entity Walmart, Inc. Walmart, Inc. Walmart, Inc. Premises Address Principal Party Carl Douglas Mcmilllon Rachel Brand Emma Waddell Role President Secretary Vice President %Ownership Nearest municipality, city, and/or Kenai borough: Country, State, Zip: AK, United States, Basic Business information Business/Trade Name: Wal-Mart Supercenter #4474 Local Government and Community Council Details City/Municipality Kenai (City of) Borough Kenai Peninsula Borough Ninety Day Sign Requirements Posted the 90 day sign: No Public Notice Posting Attestation and Publishers Affidavit Attestations I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 305.700. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any att Page 71 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. I certify that all proposed licensees have been listed with Division of Corporation, Business, and Professional Licensing. I certify that I and any individual identified in the business entity ownership section of this application, has or will read AS 04 and its implementing regulations. Signature Electronic Signature not collected; application summited based on paper form. Payment Info Payment Type : CC Paymentld: 18e7dd62-c2d0-4bb8-b83d- Receipt Number: 4128cc90267c O KENAI PENINSULA Borough Friday, May 17, 2024 Office of the Borough Clerk 144 North Binkley Street, Soldotna, AK 99669 1 (P) 907-714-2160 1 (F) 907-714-2388 1 www.kpb.us Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Non -Objection of Application Licensee/Applicant Business Name License Type License Location License No. Application Type Dear Ms. Saner, Wal-Mart Stores iNc Wal-Mart Supercenter Package Store 10096 Kenai Spur Hwy, City of Kenai 4878 License Renewal This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, -4 W�' -6 tuA Michele Turner, CIVIC Borough Clerk cc: angie.coleman@walmart.com; mailto:amco.localgovernmentonly@alaska.gov City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Kenai Council Members THROUGH: Shellie Saner, City Clerk FROM: Meghan Thibodeau, Deputy City Clerk DATE: June 27, 2024 SUBJECT: Marijuana License Renewal — Herban Extracts The following establishment submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of marijuana license: Applicant: Herban Extracts, LLC D/B/A: Herban Extracts, LLC License Type: Marijuana Product Manufacturing Facility License No: 14432 Pursuant to KMC 2.40 a review of City accounts has been completed and the applicant has satisfied all obligations to the City. With the approval of Council, a letter of non -objection to the marijuana license renewal will be forwarded to AMCO and applicant. Your consideration is appreciated. THE STATE 'ALASKA GOVERNOR M➢KE DUNLEAVY June 11, 2024 Page 74 Department of Commerce, Com , and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 Licensee: Herban Extracts, LLC DBA: Herban Extracts, LLC VIA email: lisa@lioutfitters.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Via Email: micheleturner@kpb.us ; ikasper@kpb.us ; sessert@kpb.us ; mienkins@kpb.us ; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; mquainton@kpb.us ; cityclerk@kenai.city Community Council: N/A Via Email: N/A Re: Marijuana Product Manufacturing Facility #14432 Combined Renewal Notice License Number: #14432 License Type: Marijuana Product Manufacturing Facility Licensee: Herban Extracts, LLC Doing Business As: Herban Extracts, LLC Physical Address: 14927 Kenai Spur Highway Kenai, AK 99611 Designated Licensee: Lisa Coates Phone Number: 907-252-4755 Email Address: lisa@ljoutfitters.com ® License Renewal Application Dear Licensee: ❑ Endorsement Renewal Application 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 2024/2025 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 mariivana.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 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 6/11/2024 10:48:27 AM (Form Submission) Approve by David Ross 6/11/2024 10:52:21 AM (Police Department Review) The task was assigned to David Ross. The due date is: June 20. 2024 5:00 PM 6/11/2024 10:48:29 AM Approve by Cindy Herr 6/11/2024 11:16:26 AM (Legal Asst Review) OR No monies awed in Kenai fines or restitution. The task was assigned to Cindy Herr. The due date is: June 20, 2024 5:00 PM 6/11/2024 10:48:29 AM Approve 5y Tina Williamson 6/11/2024 1:42:34 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: June 20, 2024 5:00 PM 6/11/2024 10:48:29 AM Approve by Brandon McElrea 6/1312024 4:26:52 PM (Lands Review) • The task was assigned to Linda Mitchell. The due date is: June 20, 2024 5:00 PM 6/1112024 10:48:29 AM • Linda Mitchell reassigned the task to Brandon McElrea 6/13/2024 7:39:55 AM Approve by Scott Bloom B11312024 5:41:06 PM {Legal Review} The task was assigned to Scott Bloom. The due date is: June 24, 2024 5:00 PM 6/13/2024 4:26:53 PM Approve by Brandon McElrea 6/14/2024 119:00 PM (P&Z Department Review) ■ No Code violations. Compliant with current CUP. • The task was assigned to Linda Mitchell. The due date is: June 24, 2024 5:00 PM 6/1312024 4:26:53 PM • Linda Mitchell reassigned the task to Brandon McElrea 6/13/2024 5:10:05 PM Approve by David Swarner 6/20/2024 10:37:19 AM (Finance Review) • The task was assigned to David Swarner. The due date is: June 24. 2024 5'00 PM 6/13/2024 4:26:53 PM Approve by Scott Curtin 6/2512024 3:35:57 PM (Building Official Review) • The task was assigned to Scott Curtin. The due date is: June 20, 2024 5:00 PM 6/11/2024 10!48:28 AM Approve by Jeremy Hamilton 6/27/2024 8:30:18 AM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is: June 20, 2024 5:00 PM 6/11/2024 10A8:28 AM Page 77 AMGO License Application Date 611112024 Establishment Information License Type Marijuana Product Manufacturing Facility Licensee Herban Extracts, LLC Doing Business As Herban Extracts, LLC Premises Address City, State 14927 Kenai Spur Hwy Kenai, AK Contact Information Contact Licensee Lisa Coates Contact Phone No. 907-252-4755 Additional Contact Information Name Contact Email Asa@ljoutfitters.com Phone No. Email Documents File Upload 14432 Combined MJ Renewal Notice.pdf 305.84KB 14432 MJ-20 Buddy.pdf 1.31 MB 14432 MJ-20 Lisa.pdf 1.31 MB 14432 Online App_Redacted.pdf 146.29KB * 31, do M,t*4 O G � 97 AMCO 'qVtROL OWING Alaska Marijuana Control Board Alcohol and Marijuana Contr 550 W 70 Avenue, 5u Page 78 Anchorage, A t Y�Fjul mariluana.licensi alaska. ov hups:llwww.commerce.alaska.Qov/web/a mco Phone: 907.269.0350 Form MJ-20: 2024-2025 Renewal Application Certifications ' Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306, A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.015(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: HERBAN EXTRACTS, LLC License Number: 114432 License Type: Marijuana Product Manufacturing Facility Doing Business As: Herban Extracts, Ilc Premises Address: 14927 Kenai Spur Hwy city: Kenai State: I AK ZIP: 99611 Section 2 - Individual Information =nter information for the individual licensee who is completing this form. Name: Buddy Crowder Title: Member Section 3 - Violations i& Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. 0 1 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. F1 I certify that a notice of violation has not been issued for this license between July 1, 2023 and June 30, 2024. El Sign your initials to the following statement only If You are unable to certify one or more of the above statements: - _Initials I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). (Farm MJ-201 (rev 4/30/2024) Page 1 of 2 AMCO RCVD 5/22/2024 ;f'ay,q�% Alaska Marijuana Control Board AMCO Page 79 Form MJ-20: 2024-2025 Renewal Application Certifications Section 5 — Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials 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 El 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. �. J I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. 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 tabor and Workforce Development's laws and requirements pertaining to employees. u 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 have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation 91 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. Buddy Crowder Printed name of licensee Signatu licensee [Farm Ml-201 (rev 5/1/2023) 14432 ucenseq AMCO RCVD 5/22/ifiof2 o t� �2 7 AMCO Alaska Marijuana Control Board Alcohol and Marijuana Contr Page 80 550 W 70 Avenue, Sui Anchorage, AK 99501 marfluana.iicensi alaska. ov https://www.commerce.alaska-gov/web/amco Phone: 907,269.0350 Form MJ-20: 2024-2025 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.015(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 I - Establishment Information Enter information for the licensed establishment, as identified on the license application Licensee: HERBAN EXTRACTS, LLC License Number: 14432 License Type: Marijuana Product Manufacturing Facility Doing Business As: Herban Extracts, Ilc Premises Address: 14927 Kenai Spur Hwy City: Kenai state: I AK zip: 99611 Section 2 - Individual Information Enter intormation for the individual licensee who is completing this form. Name: Lisa Coates Title: Manager/Member Section 3 - Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued for this license between July 1, 2023 and June 30, 2024. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306,035(b). Form MJ-20j (rev 4/30/2024) AMCO RCVD 5/22/20��e f of z Alaska Marijuana Control Board Page 81 AMCC O Form MJ-20: 2024-2025 Renewal Application Certifications Section 5 - Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials 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. 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 F1 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. certify that I am operating in compliance with the Alaska Department of labor and Workforce Development's laws and requirements pertaining to employees. 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 i 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 1 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 ED 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. Lisa Coates Printed name of licensee i ature of licensee [Form MJ-20j (rev 5/1/2023) 14432 AMCO RCVD 5/22/2d�� of z License # O KENAI PENINSULA Borough Page 82 Office of the Borough Clerk 144 North Binkley Street, Soldotna, AK 99669 1 (P) 907-714-2160 1 (F) 907-714-2388 1 www.kpb.us Tuesday, June 18, 2024 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Marijuana Product Manufacturing Facility Business Name Herban Extracts, LLC License Location Kenai/14927 Kenai Spur Highway, Kenai, AK 99611 License No. 14432 Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, 4W414J-A Michele Turner, CMC Borough Clerk cc: Iisa@Ijoutfitters.com amco.localgovernmentonly@alaska.gov City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Linda Mitchell, Planning Director FROM: Brandon McElrea, Planning Technician DATE: June 27, 2024 SUBJECT: Action/Approval — Grant Utility Easement Along the South Boundary of Government Lot 126 Scott Huff, on behalf of Homer Electric Association, Inc. (HEA) has requested for a utility easement within Government Lot 126. HEA received a request from Dan Green, G&S Construction, Inc. to install a new underground electric line between the subject lot and the adjacent lot, described as Lot 1, Block 1, City Park Subdivision, located at 310 S. Spruce Street for the development of Tract A, City Park Subdivision No. 2, located at 320 S. Spruce Street. The proposed easement would be approximately 15 feet wide and 158 feet long, for a total area of +/- 2,370 square feet. The proposed utility easement would allow for electric service to Phase 3 of the Boys and Girls Club development project. Kenai Municipal Code Subsection 22.05.135(b), states that "[r]ights-of-way and easements may be accepted or issued by the City Manager after approval by the City Council for utility lines and services of all types and for necessary rights -of -way easements. This requirement does not apply to rights -of -way or easements dedicated through the City and Borough platting process." If City Council approves the request for a utility easement, then the City Manager will be authorized to sign the Utility Easement Agreement. Thank you for your consideration. Attachments Utility Easement Agreement Map of Proposed Easement HOMER ELECTRIC ASSOCIATION, INC. UTILITY EASEMENT City of Kenai, whose address is 210 Fidalgo Avenue, Suite 200, Kenai, AK 99611, for a good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to Homer Electric Association, Inc., an Alaska non-profit electric cooperative, 3977 Lake Street, Homer, AK 99603 ("HEA"), its successors and assigns, the following described sole and exclusive easement in perpetuity: Within Government Lot 126 according to the Dependent Resurvey and Subdivision of Section 6, Township 5 North, Range 11 West of the Seward Meridian, Alaska as shown on official plat prepared by the US BLM dated April 16, 1954, and part of KPB Tax Parcel 04701008, Kenai Recording District, Third Judicial District, State of Alaska. More particularly described as follows, A 15-foot by approximately 158-foot easement adjoining the south boundary of said Government Lot 126 located between power pole G5-06-5921 and the metal fence. Said easement is +/- 2,370 sq. ft. and shown on EXHIBIT A, attached to and made part of this document. This grant gives HEA the right of ingress and egress together with the right to construct, reconstruct, repair, maintain, operate, upgrade and patrol, for the transmission and distribution of communication services and electric current, wires, cables, poles, and all necessary appurtenances, and to remove, renew, replace, add to any or all of such facilities, through, over, in, under and across the aforesaid premises as may from time to time be necessary or desirable for the exclusive use, occupation, and enjoyment of such right-of-way, and the right to excavate, remove soils or fill on said premises, and the right to cut and keep clear of all trees, shrubbery, under -growth, and other obstructions on said premises as may be reasonably required for the construction, reconstruction, relocation, installation, operation, and maintenance of such facilities, including the trimming or removal of trees within or without the easement described above, which Grantee believes threaten its facilities. Grantor(s) warrant and covenant that Grantor(s) are the owners of the above -described land, have the right to convey this easement, and that HEA shall have quiet and peaceful use of the easement. Any entity to whom HEA is legally or contractually obligated to allow the use of HEA's easements is also hereby warranted and covenanted the right of ingress and egress and the quiet and peaceful use of this easement for the entity's utility purposes. Signed by Grantor(s) this Terry Eubank City Manager — City of Kenai NOTARY ACKNOWLEDGEMENT For: Terry Eubank This instrument was acknowledged before me on this day of , 20. Notary Public for Alaska My Commission Expires: After Recording Return to: Homer Electric Association, Inc. 280 Airport Way Kenai, Alaska 99611 day of 20 HamerElec AssocLion, Inc.c NAME: CITYO KENA• �T iation, IN NAME: CITY OF KENAI i, SUBDIVISION: PARCEL NO: 04701008 (IAM ns MAP 1 OF 3 EXHIBIT A ASEMENT NEED 158' x 15' PARCEL NO. 04701008 UNDERGROUND PRIMARY BASEBALL FIELD x 1 W ZI LLx 1 k� h I k �ENc f -x_ _ IC 135-06-5322 20, HM CLUB HOUSE CITYPARK SUB NO 2 TRACT A LEGAL DESCRIPTION: PARCEL NO: 04701008 LC F— 31' 15' ESMT LOT] I-- W U n IX 135-06-5921 Q- C/1 ROW VARIES Legend New/Retired Pale New/Retired Peds - - New/Retired Junction box AA New/Retired OH Transformer New/Retired PadMount New/Retired Consumer New OH )( Retired OH ��--- New UG �E �E Retired UG Homer Electric Association Inc. 3977 Lake Street, Homer AK 99603 280 Airport Way, Kenai AK 99611 JC 0611912024 Design: Date: City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: June 26, 2024 SUBJECT: Extension To Agreement For Use Of A Designated Area Of The Kenai Recreation Center To Operate A Teen Center This memo requests support for extending the agreement with the Boys and Girls Club of the Kenai Peninsula to operate a teen center in a designated area of the Kenai Recreation Center. On June 16th, 2021, the Council approved Resolution 2021-45, which approved a 3-year agreement for the Boys and Girls Club of the Kenai Peninsula to operate a teen center in a section of the Kenai Recreation Center, with the possibility of a 2-year extension upon mutual agreement of both parties. Boys and Girls Club of the Kenai Peninsula offers teen center services in the upstairs section of the Kenai Recreation Center. This provides teens with a safe place to go during the day in the summer and after school during the winter. The Boys and Girls Club can provide these services at no charge because of an annual grant of $10,000 from the City. The Boys and Girls Club of the Kenai Peninsula and the Administration both support extending the agreement for two years, which would end on June 301".2026. EXTENSION TO AGREEMENT FOR USE OF A DESGINATED AREA OF THE KENAI RECREATION CENTER TO OPERATE A TEEN CENTER The City of Kenai (Owner), whose address is 210 Fidalgo Avenue, Kenai, AK 99611, and Boys and Girls Club of the Kenai Peninsula (User), whose address is 230 South Spruce Street, Kenai, AK 9961, entered into an agreement for use of a designated area of the Kenai Recreation Center and hereby amend this Agreement by extension as follows: Dated: 1.Pursuant to Section 2 of the Agreement, the two year extension is mutually agreed to, extending the term of the Agreement to June 30th, 2026. 2. Except as expressly modified or stated herein, all other terms and conditions of the Agreement remain in full force and effect. CITY OF KENAI BY Terry Eubank, City Manager USER Dated: BY Shanette Wik, CEO Boys and Girls Club of the Kenai Peninsula City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: June 27, 2024 SUBJECT: Memorandum Of Agreement Between The City Of Kenai And Boys And Girls Club Of The Kenai Peninsula In connection with the remodel and construction of new facilities by the Boys and Girls Club of the Kenai Peninsula on their campus located off of South Spruce Street, there will be a need to close South Spruce Street during excavation and tie-in to City water and sewer utilities. Closure is expected to take less than 7 days and will take place between August 5 — 31st. Closure is required due to the location of the utility mains and their depth. An alternate emergency access is being proposed to provide City personnel access to the City's Sewer Treatment Facility, emergency vehicle access, and access for employees and clients of the Leeshore Center. Public access to the City's North Beach via South Spruce Street will be closed during this time. The alternate access is being provided by the Boys and Girls Club, the access will be removed at the completion of the tie in, and the site will be restored to a similar condition as it was prior to the public access, all at no cost to the City. Your support for this memorandum of agreement is respectfully requested. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF KENAI AND BOYS AND GIRLS CLUB OF THE KENAI PENINSULA WHEREAS, the City of Kenai Supports the Boys and Girls Club of the Kenai Peninsula's (Boys and Girls Club) efforts to develop a facility serving the needs of local youth, and; WHEREAS, the Boys and Girls Club is in the process of developing new infrastructure to serve local youth, and; WHEREAS, this new development will require a temporary road closure on South Spruce Street to tie into existing City utility mainlines, and; WHEREAS, South Spruce Street provides the only road access to the City's Waste Water Treatment Plant and Leeshore Center and this access must be maintained, and; WHEREAS, the City and Boys and Girls Club agree that alternate temporary access may be created on adjacent City and Boys and Girls Club property to maintain access to these to facilities. Now therefore, for good and valuable consideration, as provided herein, the City and Boys and Girls Club agree as follows: 1. Contingent on the Boys and Girls Club getting a City right-of-way excavation permit, a City building permit, and coordinating activities with the City of Kenai Police and Fire Department, the Boys and Girls Club may close South Spruce Street for a period of up to 7 days, between August 5th and August 301h, 2024 for the purpose of creating a new connection to City utilities. 2. The Boys and Girls Club must provide temporary alternate access for the City of Kenai employees at the Waste Water Treatment Plant, employees and patrons of the Leeshore Center, and emergency service vehicles. This alternate access may be constructed on city property described as follows: T 5N R 11W SEC 6 Seward Meridian KN GLs 41 & 42, 62-65, 84-90, 105-112, 124-126, 133-135, 149-151, 159-161, 164-166 & PTNS GLs 43,60,66,83 & 90 EXCL THAT PTN DESC. AS: S 0 DEG 13' E 77.88 FT & S86 DEG 5'E 35.09 FT FROM N1/4 COR; TH S 0 DEG 131 683.85 FT; TH N89 DEG 47'E 330 FT; TH N 0 DEG 13'W 660 FT; TH N86 DEG 5'W 330.86 FT TO POB 200 S Spruce Street/301 N Forest Drive, Kenai, Alaska, KPB #04701008 3. The Boys and Girls Club are responsible for all necessary signage related to the road closure and for limiting access as necessary on any temporary access road in coordination with the City of Kenai. 4. The Boys and Girls Club will restore City property to a similar condition as it was prior to the creation of any temporary road access within 15 days of the reopening of South Spruce Street to public access. 5. The Boys and Girls Club and City agrees to work cooperatively to provide reasonable and necessary public notice of any road closure. CITY OF KENAI Terry Eubank, City Manager STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) BOYS AND GIRLS CLUB OF THE KENAI PENINSULA Jeffery Dolifka, President The foregoing instrument was acknowledged before me this day of July, 2024, by Terry Eubank, the City Manager of the City of Kenai, a home rule municipality, on behalf of the City. Notary Public for State of Alaska My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of July, 2024, by Jeff Dolifka, the President of the Boys and Girls Club of the Kenai Peninsula, an Alaska corporation, for and on behalf of the corporation. Notary Public for State of Alaska My Commission Expires: MCA between the City of Kenai and Boys and Girls Club of the Kenai Peninsula Page 2 KENAI AIRPORT COMMISSION — REGULAR MEETING Page 91 JUNE 13, 2024 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GLENDA FEEKEN, PRESIDING ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Airport Commission was held on June 13, 2024, in the Kenai City Council Chambers, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Glenda Feeken, Chair Paul Minelga, Vice Chair James Bielefeld Daniel Knesek James Zirul Joshua Belter A quorum was present. Absent: Jacob Caldwell Also in attendance were: Derek Ables, Airport Manager Sarah Conley, Airport Administrative Assistant Henry Knackstedt, City Council Liaison 3. Agenda Approval Chair Feeken noted the following additions to the packet: Add Item F.7 Discussion/Recommendation — Recommending Council Approve a 1-Year Extension to Joel Caldwell for Lease Improvements. • Memo • Request Letter Add Item L.2 Informational Items • Airport Landscaping MOTION: Commissioner Bielefeld MOVED to approve the agenda with the requested revisions. Commissioner Knesek SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. Airport Commission Meeting Page 1 of 4 June 13, 2024 D. APPROVAL OF MINUTES 1. May 9, 2024 MOTION: Commissioner Bielefeld MOVED to approve the May 9, 2024 Airport Commission minutes, with an amendment to note that Dan Pitts attended the meeting. Commissioner Knesek SECONDED the motion. VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS — None. F. NEW BUSINESS 1. Discussion/Recommendation — Recommending Council Award a Special Use Permit to Kenai Aviation Operations, LLC for 1200 Square Feet of Apron Space for Shipping of Fish. MOTION: Commissioner Bielefeld MOVED to recommend City Council award a Special Use Permit to Kenai Aviation Operations, LLC. Vice Chair Minelga SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 2. Discussion/Recommendation — Recommending Council Award a Special Use Permit to Echo Lake Meats for 20 Square Feet of Terminal Space to Operate a Vending Machine. MOTION: Vice Chair Minelga MOVED to recommend City Council award a Special Use Permit to Echo Lake Meats. Commissioner Bielefeld SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 3. Discussion — Title VI Plan and Community Participation Plan. Airport Manager Ables gave a staff report from information provided in the packet. There was discussion; concerns were expressed about the complexity of the document, how it will affect staff's workload and budget, and whether it is needed. Commissioner Bielefeld spoke in opposition. 4. Discussion/Recommendation —Recommending a 1-Year Extension to the State of Alaska, Department of Natural Resources, Division of Forestry and Fire Protection for Lease Improvements. MOTION: Commissioner Bielefeld MOVED to recommend City Council approve a 1-Year Extension to the State of Alaska, Department of Natural Resources, Division of Forestry and Fire Protection for Lease Improvements. Commissioner Knesek SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. Airport Commission Meeting Page 2 of 4 June 13, 2024 VOTE: There being no objection; SO ORDERED. 5. Discussion/Recommendation — Recommending Council Award a Special Use Permit to the State of Alaska, Department of Natural Resources, Division of Forestry and Fire Protection for 30,000 Square Feet of Apron Space. MOTION: Commissioner Zirul MOVED to recommend City Council award a Special Use Permit to the State of Alaska, Department of Natural Resources, Division of Forestry and Fire Protection. Commissioner Bielefeld SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 6. Discussion/Recommendation — Recommending Council Award a Concession Agreement for ATM Machine Services to Tyler Distributing. MOTION: Commissioner Bielefeld MOVED to recommend City Council award a Concession Agreement for ATM Machine Services to Tyler Distributing. Commissioner Zirul SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 7. Discussion/Recommendation —Recommending Council Approve a 1-Year Extension to Joel Caldwell for Lease Improvements. MOTION: Commissioner Bielefeld MOVED to recommend City Council approve a 1-Year Extension to Joel Caldwell for Lease Improvements. Commissioner Zirul SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Airport Manager — Airport Manager Ables reported on the following: • Reviewed the report provided in the packet. • TSA Security inspection went well. • The Airport held a retirement party for Jim Lackey. • Attended a meeting on post -season ice and snow control. • Air Fair on June 8tn • Commission goals approved at last City Council meeting. • June 19t" City Council meeting will include a presentation on the results of leakage study. • Taxiway Sierra plan submitted. 2. Commission Chair — Chair Feeken reported that she attended the Air Fair and handed out information at the Airport Commission's booth. Airport Commission Meeting Page 3 of 4 June 13, 2024 Page 94 3. City Council Liaison — Council Member Knackstedt reported on recent actions of the City Council. H. ADDITIONAL PUBLIC COMMENTS — None. I. NEXT MEETING ATTENDANCE NOTIFICATION — July 11, 2024 J. COMMISSION QUESTIONS AND COMMENTS New Commissioners were welcomed. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. Airport Administrative Report There being no further business before the Airport Commission, the meeting was adjourned at 6:46 p.m. I certify the above represents accurate minutes of the Airport Commission meeting of June 13, 2024. Meghan Thibodeau Deputy City Clerk Airport Commission Meeting Page 4 of 4 June 13, 2024 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING ,TUNE 12, 2024 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALG0 AVE., KENAI, AK 99611 CHAIR JOE HALSTEAD, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on June 12, 2024, in City Hall Council Chambers, Kenai, AK. Chair Halstead called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Halstead led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Joe Halstead, Chair John Coston, Vice Chair (electronic participation; arrived 7:02 p.►n.) Glenese Pettey Gwen Woodard Jeff Twait Diane Fikes A quorum was present. Absent: Sonja Barbaza Also in attendance were: Linda Mitchell, Planning Director Brandon McElrea, Planning Technician Alex Douthit, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3, Approval of Agenda and Consent Agenda MOTION: Commissioner Twait MOVED to approve the agenda and consent agenda. Commissioner Woodard SECONDED the motion. The items on the Consent Agenda were read into the record. Chair Halstead opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. *AII items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. APPROVAL OF MINUTES *Regular Meeting of May 29, 2024 Planning & Zoning Commission Meeting Page 1 of 5 .tune 12, 2024 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS - None. F. PUBLIC HEARINGS 1. Resolution No. PZ2024-13 — Granting a Conditional Use Permit for a Day Care Center, Recreation, and Youth Center on the Property Described as Tract A, City Park Subdivision No. 2, Located at 320 and 330 S. Spruce Street Within the Suburban Residential (RS) Zoning District. MOTION: Commissioner Twait MOVED to approve Resolution PZ2024-13. Commissioner Pettey SECONDED the motion. Planning Technician McElrea presented a staff report with information provided in the packet, and explained that the applicant had requested a Conditional Use Permit (CUP) for a Day Care Center, Recreation, and Youth Center. It was noted that this CUP would expand the uses at the existing daycare and gymnasium facility, and allow for the development of a teen center, clubhouse and new parking area; future expansions will include a multi -use field and accessory structures. The criteria for CUPs were reviewed; it was noted that the application met the CUP criteria and City staff recommends approval subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site inspection. Chair Halstead opened the floor for public hearing Ryan Tunseth, Boys and Girls Club board member, spoke in support and explained that the Boys and Girls Club's goal is to develop a large-scale childcare facility and that this has been possible with help from the City. He noted that he and Chris Parker with K+A Designstudios were available for questions. In response to questions from the Commission, Parker provided clarification was provided on the phases of development. Director Mitchell explained that the City land donation of Tract A has a provision that it must be developed or the land will revert back to the City, and that the plat is in the final stages of being recorded; there was discussion on how the development provision would be affected by the parcel merger. Tunseth noted that the Boys & Girls Club has been communicating with neighboring residential property owners and considering their input on how to develop the greenspace between their properties, Shanette Wik, Executive Director, explained that the childcare facility would be for -profit; the hours of operation for childcare, and that food would be provided on -site. There being no one else wishing to be heard, the public hearing period was closed. Commissioner Pettey spoke in support, noting that it would be a great addition to the community. VOTE: YEA: Fikes, Twait, Halstead, Pettey, Woodard NAY: None Planning & Zoning Commission Meeting Page 2 of 5 June 12. 2024 ABSENT: Barbaza MOTION PASSED WITHOUT OBJECTION. [Clerk's note: Commissioner Coston abstained from discussion and voting on Resolution PZ2024-13 pursuant to KMC 14, 05.025(e)] Chair Halstead noted the 15-day appeal period. 2. Resolution PZ2024-14 -Granting a Conditional Use Permit for Cabin Rentals (i.e., Short -Term Rentals) on the Property Described as Lot 3, Block 1, of Scalf Subdivision, Located at 106 N. Tinker Lane Within the Suburban Residential (IRS) Zoning District. MOTION: Commissioner Woodard MOVED to approve Resolution PZ2024-14_ Commissioner Twait SECONDED the motion. Director Mitchell presented a staff report with information provided in the packet, and explained that the applicant had requested a CUP for Cabin Rentals (i.e. short-term rentals) as needed and/or when necessary on an existing fourplex which the owner had previously been using for long-term rentals. It was noted that neighboring properties have been used as short-term rentals and the City had not received complaints about them. The criteria for CUPS were reviewed; it was noted that the application met the CUP criteria and City staff recommends approval subject to the following condition: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit, 2. Upon request, the applicant or applicant's representative shall meet with City staff for an on -site inspection. Applicant Rebecca Ross explained that she has owned this property for many years and has been using it for long-term rentals to hospital staff; the hospital wants to continue but are interested in a short-term rental option. Chair Halstead opened the floor for public hearing; there being no one wishing to be heard, the public hearing period was closed. Commissioner Twait, Commission Pettey and Chair Halstead expressed support for the local ownership and management. There was discussion on whether quiet hours should be added as a condition to the CUP; Mitchell clarified that they were not included in order to stay consistent with the cabin rental property next door, and that revising ❑Ider CUPS to include conditions for quiet hours would not be done without just cause such as unremedied code enforcement issues. Rebecca Ross clarified that her contracts would include 10:00 p.m, to 10:00 a.m. quiet time. MOTION TO AMEND: Commissioner Twait MOVED to amend Resolution PZ2024-14 by adding a condition stating that "Quiet hours are from 10:00 p.m. to 7:00 a.m." Commissioner Pettey SECONDED the motion. Commissioner Fikes noted she would not support the amendment as quiet hours were already included in the rental contract, the use would be primarily residential and hours can be added in the future if issues arise. Commissioner Woodard and Chair Halstead noted their agreement with Commissioner Fikes. VOTE ON AMENDMENT: YEA: Twait NAY: Fikes, Woodard, Pettey, Halstead ABSENT: Barbaza MOTION FAILED. Planning & Zoning Commission Meeting Page 3 of 5 June 12. 2024 VOTE ON MAIN MOTION: YEA: Pettey, Woodard, Halstead, Twait, Fikes NAY: None ABSENT: Barbaza MOTION PASSED WITHOUT OBJECTION. [Clerk's note: Commissioner Coston abstained from discussion and voting on Resolution PZ2024-14 pursuant to KMC 14.05.025[e)] Chair Halstead noted the 15-day appeal period. G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. *ActionlApproval - Requesting an Excused Absence for the May 29, 2024 Regular Meeting - Halstead Approved by the consent agenda. 2. *ActionlApproval - Requesting an Excused Absence for the May 29, 2024 Regular Meeting - Coston Approved by the consent agenda. 3. Disc ussionlRecommendation - Proposal to Amend the Start Time for Planning and Zoning Commission Regular Meetings to 6:30 PM Director Mitchell presented a staff report with information provided in the packet, and explained that this item had been requested by Commissioner Pettey at the previous meeting, and if the Commission voted to change the start time their recommendation would be forwarded to Council who may approve amending the policy. Commissioners Woodard, Fikes, Coston, Twait and Halstead stated opposition to amending the start time; Commissioner Pettey spoke in support. MOTION: Commissioner Pettey MOVED to recommend amending the start time for Planning and Zoning Commission Regular Meetings to 6,30 PM. Commissioner Twait SECONDED the motion. VOTE: YEA: Pettey NAY: Fikes, Twait, Halstead, Coston, Woodard ABSENT: Barbaza MOTION FAILED. 4. Discussion/Recommendation - Proposal to Reduce the Number of Meetings for Planning and Zoning Commission Director Mitchell presented a staff report with information provided in the packet, and explained how the reduction of Planning & Zoning Commission meetings would ease the burden on staff; her recommendation would be to hold regular meetings once per month. There was discussion on how the fourth Wednesday of the month often conflicts with holidays; that reducing the number of regular meetings instead of cancelling them as needed would reduce the cost of newspaper noticing; and that special meetings could be scheduled if the need arises. Planning & Zoning Commission Meeting Page 4 of 5 June 12, 2024 Page 99 The Commission discussed how the change would affect staffs workload and service to the public. It was noted that not all Commissioners were present at this meeting to vote on the change. MOTION: Commissioner Twait MOVED to postpone the recommendation to the July 24, 2024 Regular Meeting. Commissioner Woodard SECONDED the motion. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. I. REPORTS 1. Planning Director — Planning Director Mitchell reported on the following: • Her last day with the City would be July 501; spoke on her role as Planning Director. • Joint Work Session with the City Council on the Comprehensive Safety Action Plan/Safe Streets for All is scheduled for June 191". 2. Commission Chair — No report. 3. Kenai Peninsula Borough Planning — Commissioner Fikes reported on recent actions of the Kenai Peninsula Borough Planning Commission. 4. City Council Liaison — Council Member Douthit reported on recent actions of the City Council. J. ADDITIONAL PUBLIC COMMENT — None. K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: June 26, 2024 L. COMMISSION COMMENTS AND QUESTIONS Commissioners Pettey and Fikes expressed appreciation for Director Mitchell. M. PENDING ITEMS —None. N. ADJOURNMENT O. INFORMATIONAL ITEMS — None. There being no further lousiness before the Planning & Zoning Commission, the meeting was adjourned at 8:43 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of .Tune 12, 2024. Meghan Thibo eau Deputy City Clerk Planning & Zoning Commission Meeting Page 5 of 5 June 12, 2024 NOTICE OF PUBLIC HEARING JULY 3, 2024 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) on the above -noted meeting date: 1. Resolution No. 2024-32 - Amending Council Policy 20.000 Agenda & Packet -Preparation, Distribution and Publication to Remove Requirements Related to Publishing in a Newspaper of General Circulation. (Administration) 2. Resolution No. 2024-33 - Protesting the Issuance of a New Retail Marijuana Store License for Canna Get Happy LLC., DBA Canna Get Happy LLC - License No. 37844, Located at 11888 Kenai Spur Hwy #3. (Administration) 3. Resolution No. 2024-34 - Approving an Easement on Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, for the Construction and Maintenance of Seawalls Benefitting Certain Adjacent Upland Properties. (Administration) 4. Resolution No. 2024-35 - Adopting Joint Resolution No. 2024-001 of the Assembly of the Kenai Peninsula Borough and the Councils of the City of Homer, Kachemak, Kenai, Seward, Seldovia, and Soldotna, Supporting the City of Kenai Small Community Air Service Development Grant Proposal to Support Incentives Aimed at Direct Air Services from the Kenai Municipal Airport to Seattle/Tacoma and The Lower 48. (Administration) The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits. All interested persons are invited to attend the meeting telephonically/virtually or in -person and participate in the public discussion. See the agenda for additional information. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and(o r iut" may be amended by the Council prior to adoption without further public notice. �5heWee San , City Posted: June 26, 202 A .• O .• r� OUNDEO CITY OF KENAI )C171 City Council K E N A I Notice of Meeting and Public Hearings City Hall Council Chambers, 210 Fidalgo Ave, Kenai, AK The following public hearings will be before the Kenai City Council at the July 3, 2024 regular meeting, beginning at 6:00 PM: 1. Resolution No. 2024-32 - Amending Council Policy 20.000 Agenda & Packet - Preparation, Distribution and Publication to Remove Requirements Related to Publishing in a Newspaper of General Circulation. (Administration) 2. Resolution No. 2024-33 - Protesting the Issuance of a New Retail Marijuana Store License for Canna Get Happy LLC., DBA Canna Get Happy LLC - License No. 37844, Located at 11888 Kenai Spur Hwy #3. (Administration) 3. Resolution No. 2024-34 - Approving an Easement on Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, for the Construction and Maintenance of Seawalls Benefitting Certain Adjacent Upland Properties. (Administration) 4. Resolution No. 2024-35 - Adopting Joint Resolution No. 2024-001 of the Assembly of the Kenai Peninsula Borough and the Councils of the City of Homer, Kachemak, Kenai, Seward, Seldovia, and Soldotna, Supporting the City of Kenai Small Community Air Service Development Grant Proposal to Support Incentives Aimed at Direct Air Services from the Kenai Municipal Airport to Seattle/Tacoma and The Lower 48. (Administration) The public is invited to attend and participate. Virtual and telephonic options for participation are available. Additional information is available through the City Clerk's Office or by visiting our website at www.kenai Shellie Saner, MMC, City Clerk Publish: 06/29/2024 CERTIFICATE OF PUBLICATION & POSTING I, Shellie Saner, City Clerk of the City of Kenai, do hereby certify that on the 26' day of June 2024, 1 electronically mailed or caused to be published the foregoing Notice of Meeting to the Peninsula Clarion and requested that this Notice be published in the June 29, 2024 edition of their newspaper. On the 28th day of June, 2024, the full meeting agenda was also posted at Kenai City Hall and on the beget q(www. en._ Shelli"nef, MMW, City Clerk J U LY 3, 2024 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM Add to Item E. 3. Resolution No. 2024-34 • Amendment Memo • Public Comment REQUESTED BY PAGE Administration Administration 2 3 L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: July 2, 2024 SUBJECT: Requested Amendment to Resolution No. 2024-34 - Approving an Easement on Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, for the Construction and Maintenance of Seawalls Benefitting Certain Adjacent Upland Properties. The Harbor Commission during their July 1, 2024 Special Meeting recommended approval of the Resolution. The following amendment is respectfully requested. Motion Amend the seventh whereas clause by filling in the blank with the word approval, the seventh whereas clause to read: "at its meeting on July 1, 2024 the Harbor Commission recommended approval." Thank you for your consideration. K From: Shane B Morgan To: City Council Subject: Resolution #2024-34 Date: Wednesday, July 3, 2024 4:40:47 AM The proposed easement details look quite fair. I would gladly sign and abide by all of the conditions of the proposed agreement. I must applaud efforts of the City Administration and the City Council in helping this come about in such a timely manner. Your coordinated actions in this matter are greatly appreciated and, I am sure, bode well for the future of the City of Kenai. Thank you all. Shane Morgan CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JULY 3, 2024 KENAI CITY COUNCIL REGULAR MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed or took other actions as identified below on the following Ordinance(s) and/or Resolution(s) at the above -referenced meeting. E. PUBLIC HEARINGS 1. ADOPTED WITHOUT OBJECTION. Resolution No. 2024-32 - Amending City Council Policy No. 20.000 Agenda & Packet - Preparation, Distribution and Publication to Remove Requirements Related to Publishing in a Newspaper of General Circulation. (City Clerk) 2. ADOPTED WITHOUT OBJECTION. Resolution No. 2024-33 - Protesting the Issuance of a New Retail Marijuana Store License for Canna Get Happy, LLC, DBA Canna Get Happy, LLC — License No. 37844, Located at 11888 Kenai Spur Hwy #3. (Administration) 3. ADOPTED AS AMENDED WITHOUT OBJECTION. Resolution No. 2024-34 - Approving an Easement on Tract B, Kenai Bluff Stabilization Subdivision, Parcel No. 04701030, for the Construction and Maintenance of Seawalls Benefitting Certain Adjacent Upland Properties. (Administration) 4. ADOPTED WITHOUT OBJECTION. Resolution No. 2024-35 - Adopting Joint Resolution No. 2024-001 of the Assembly of the Kenai Peninsula Borough and the Councils of the City of Homer, Kachemak, Kenai, Seward, Seldovia, and Soldotna, Supporting the City of Kenai Small Community Air Service Development Grant Proposal to Support Incentives Aimed at Direct Air Services from the Kenai Municipal Airport to Seattle/Tacoma and the Lower 48. (Administration) >ar�, UMC, City Clerk July 5, 2024 04'�/.q�9 a ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Canna Get Happy LLC C16 Sandra M llhouse., P.O. Box 874574 Wasilla, AK 99687 III�III�II�III�IIIIIIIIIiI �II"III IIIIII IIIIII 9590 9402 2232 6193 6268 42 2. Article Number (Transfer from service PS A. Signature, ❑ Agent B. eceived by (Printed Name) C. Date. of De livery D. is delivery address different from item 19 ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑Registered MaiITM ❑ Reeggistered Mail Restricted 51 Certified Mail® ❑ Certified Mail Restricted Delivery Del very ❑ Return Receipt for o Collect on Delivery Merchandise Restricted Delivery WSignature ConfirmationTm ❑ Collect on Delivery ❑ Signature Confirmation ❑ insured Mail ❑ Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt