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HomeMy WebLinkAbout2024-09-04 Council PacketKenai City Council - Regular Meeting Page 1 of 3 September 04, 2024 Kenai City Council - Regular Meeting September 04, 2024 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. Ordinance No. 3430-2024 - Accepting and Appropriating a Meals on Wheels of America Grant in Partnership with DoorDash for the Kenai Senior Center Meals on Wheels Delivery Program. (Administration) 2. Ordinance No. 3431-2024 - Increasing Estimated Revenues and Appropriations in the General Fund, Land Administration Department for the Purchase of Survey Services to Subdivide City of Kenai Parcel 04901022. (Administration) 3. Resolution No. 2024-41 - Adopting Joint Resolution No. 2024-002 of the Assembly of the Kenai Peninsula Borough and the Councils of the City of Homer, Kachemak, Kenai, Seward, Seldovia, and Soldotna, Supporting the Kenai Peninsula Economic Development District’s Request that the 2026 and 2027 Cook Inlet Finfish Meetings be Held in Soldotna, Alaska to Provide Resource Stakeholders with the Opportunity to be Present at Public Discussions Affecting the Management of their Resources. (Administration) F. MINUTES 1. *Regular Meeting of August 21, 2024. (City Clerk) G. UNFINISHED BUSINESS Page 1 Kenai City Council - Regular Meeting Page 2 of 3 September 04, 2024 H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Non-Objection to Renewal of a Club Liquor License for George H. Plumley Memorial Post 20 American Legion, DBA George H. Plumley Memorial Post 20 American Legion - License No. 1380 (City Clerk) 4. *Action/Approval - Non-Objection to Renewal of a Beverage Dispensary Tourism Liquor License for Mitak LLC., DBA Main Street Tap & Grill - License No. 4555 (City Clerk) 5. *Action/Approval - Non-Objection to Renewal of a Retail Marijuana Store License for Cook Inlet Cannabis Co., DBA East Rip - License No. 13382 (City Clerk) 6. *Action/Approval - Confirming the Appointment of the October 1, 2024 Election Precinct Boards for the October 1, 2024 Regular City Election. (City Clerk) 7. *Action/Approval - Harbor Commission 2024 Work Plan. (Administration) 8. *Ordinance No. 3432-2024 - Accepting and Appropriating Funds from the Institute of Museum and Library Services, Passed Through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for Library Employee Training. (Administration) 9. *Ordinance No. 3433-2024 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Materials. (Administration) 10. *Ordinance No. 3434-2024 - Amending the Employee Classification Plan by Reclassifying the Capital Projects Manager to a Public Works Assistant Director and Increasing General Fund Estimated Revenues and Appropriations to Reflect the Position’s Support of Public Works Divisions. (Administration) 11. *Ordinance No. 3435-2024 - Amending Kenai Municipal Code Section 23.55.030 (b) – Qualification Pay, to Include Qualification Pay for a Public Works Ass istant Director Holding a Professional Engineer License. (Administration) 12. *Ordinance No. 3436-2024 - Increasing Estimated Revenues and Appropriations in the General Fund Lands Administration Department for Professional Services Associated with the Sale of City-Owned Land, Determining Eleven City-Owned Properties are Not Needed for a Public Purpose, Authorizing the City Manager to Dispose of Properties by Public Outcry Auction, Approving the Terms of Financing to be Offered on the Sale, and Designating Those Parcels as Eligible for a 25% Veterans Discount. (Administration) 13. *Ordinance No. 3437-2024 - Amending Kenai Municipal Code to Revise Requirements Related to Publication in a Newspaper of General Circulation to Address Publication Requirements Which Cannot Be Met Due to the Newspaper Publications Being Reduced to One Day a Week. (City Clerk) 14. Action/Approval - Authorizing a Memorandum of Agreement with the Kenaitze Indian Tribe for Projects to Enhance the Aquatic Organism Passage in Our Local Waterways, Including Improving Fish Passage in Cemetery Creek. (Administration) 15. Discussion - Scheduling Board of Adjustment Appeal Hearings. (City Clerk) Page 2 Kenai City Council - Regular Meeting Page 3 of 3 September 04, 2024 I. 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 1. Proclamation Declaring September 2024 as “Hunger Action Month” K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION 1. Discussion of Airport Concession Restaurant Agreement Terms a Subject which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City. [AS 44.62.310(c)(1)] a. Action/Approval: Authorizing Amendments to Kenai Municipal Airport, Restaurant Concession Agreement. 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/tZcucuCtqzgvGdW4zjnQfXYsAEdIpK9m080_ Page 3 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3430-2024 AN ORDINANCE ACCEPTING AND APPROPRIATING A MEALS ON WHEELS OF AMERICA GRANT IN PARTNERSHIP WITH DOORDASH FOR THE KENAI SENIOR CENTER MEALS ON WHEELS DELIVERY PROGRAM. WHEREAS, the City recognizes the importance of supporting its senior residents by ensuring they have access to nutritious meals; and, WHEREAS, the Kenai Senior Center is a long-standing member of the Meals on Wheels Association of America; and, WHEREAS, Meals on Wheels Association of America has awarded the Kenai Senior Center a grant of $2,500 to facilitate the use of DoorDash for the delivery of meals to seniors in the community; and, WHEREAS, as the City of Kenai is committed to enhancing the quality of life for its senior residents through supportive services and community partnerships. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept a grant in the amount of $2,500 from the Meals on Wheels Association of America partnership with DoorDash for expenditures for the Kenai Senior Center meals on wheels delivery program. Section 2. That the following budget revision is authorized: Senior Citizen Fund: Increase Estimated Revenues – Miscellaneous Grant $2,500 Increase Appropriations – Home Meals – Professional Services $2,500 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 4 Ordinance No. 3430-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 21, 2024 Enacted: September 4, 2024 Effective: September 4, 2024 Page 5 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kathy Romain, Senior Center Director DATE: August 8, 2024 SUBJECT: Ordinance No. 3430-2024 - Accepting and Appropriating a Meals on Wheels of America Grant in Partnership with DoorDash for the Kenai Senior Center Meals on Wheels Delivery Program. Meals on Wheels Association of America, in collaboration with DoorDash, has launched Project DASH, a pilot program aimed at enhancing meal transportations services for seniors. This initiative is designed to support local meal programs by providing delivery options through DoorDash for a limited period. The Kenai Senior Center was invited to apply for this grant and staff successfully secured a $2,500 grant. This funding will allow us to deliver 500 meals to seniors in our community by December 31, 2024, using DoorDash services. We are grateful for this opportunity to enhance our support for seniors through this innovative partnership. Thank you for your consideration. Page 6 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3431-2024 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, LAND ADMINISTRATION DEPARTMENT FOR THE PURCHASE OF SURVEY SERVICES TO SUBDIVIDE CITY OF KENAI PARCEL 04901022. WHEREAS, the City owns a 320-acre parcel, Kenai Peninsula Borough parcel 04901022 located north of Beaver Loop Road and south of the Kenai Spur Highway; and, WHEREAS, the subject parcel is bordered on two sides by current or past operating gravel pits; and, WHEREAS, the subject parcel is zoned Rural Residential which does provide for the surface extraction of natural resources by conditional use permit; and, WHEREAS, the 2016 City of Kenai Comprehensive Plan’s, Land Use Plan designation for the subject parcel is Parks, Recreation and Open Space; and, WHEREAS, the Parks, Recreation and Open Space land use classification indicates “Areas that may be suitable for future natural resource development may be included in this category.”; and, WHEREAS, the City’s adopted Land Management Plan’s retention status for the subject parcel is Mixed – Retain/Dispose requiring subdivision; and, WHEREAS, the highest and best use for the southern edge of the subject parcel is gravel extraction; and, WHEREAS, the resources contained on the subject property are integral in both horizontal and vertical construction projects of the City; and, WHEREAS, pursuant to Kenai Municipal Code 22.05.110 the parcels created by this subdivision would require an Ordinance declaring the parcel(s) as not needed for a public purpose; and, WHEREAS, the City solicited quotes for providing the survey services, two of which were received, the lowest responsive quote was for $15,000, and which is a fair and reasonable price for the work; and, WHEREAS, subdivision of the parcel into 5 parcels, four of which boarder existing gravel pits, for potential future sale for surface extraction of natural resources is consistent with the City’s Land Management Plan, the City’s 2016 Comprehensive Plan’s Land Use Designation, by Conditional Use Permit in the current zone, is likely the highest and best use for the property and is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That estimated revenues and appropriations be increased as follows: General Fund: Increase Revenues – Appropriation of Fund Balance $15,000 Page 7 Ordinance No. 3431-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Increase expenditures – Land Administration – Professional Services $15,000 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 21, 2024 Enacted: September 4, 2024 Effective: September 4, 2024 Page 8 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Max Best, Interim Planning Director DATE: August 14, 2024 SUBJECT: Ordinance No. 3431-2024 - Increasing Estimated Revenues and Appropriations in the General Fund, Land Administration Department for the Purchase of Survey Services to Subdivide City of Kenai Parcel 04901022 The City owns a 320-acre parcel in the Beaver Loop area Administration recommends to subdivide the parcel for future resource extraction. The parcel is currently bordered on two sides with existing permitted resource extraction sites. The Subdivision will consist of four lots along the southern edge ranging in size from 25 to 30 acres with a large remainder tract to the north. In March of 2019 an engineering consultant hired by the City excavated ten test pits and determined the southern portion the site has an adequate quality and quantity of marketable gravel for future construction projects in the City. The parcel is zoned Rural Residential which provides for the surface extraction of natural resources by conditional use permit. The City of Kenai Comprehensive Plan’s, Land Use Plan designation is Parks, Recreation and Open Space which indicates “Areas that may be suitable future natural resource development may be include in this category.” The City’s adopted Land Management Plan’s retention status is Mixed-Retain/Dispose requiring subdivision and states gravel extraction may be feasible along the southern edge of the parcel. Additionally, in accordance with Kenai Municipal Code 22.05.110 the parcels created by this subdivision would require a future Ordinance declaring the parcel(s) as not needed for public purpose prior to any sale. The City solicited quotes for providing survey services for the subdivision of the property and revived two responsive quotes, the lowest being $15,000 which is fair and reasonable for the work. Your consideration is appreciated. Page 9 KPB No. 04901022 Legend Physical Addresses Transportation Mileposts Roads Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained Low / Seasonal Legal Trail Private State Hwy Platted / Proposed Parcels and PLSS Parcels 9" Imagery Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue Red: Red Green: Green Blue: Blue 0 1500 3000 ft NOTE: 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 data 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 indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 8/14/2024 1:58:54 PM Page 10 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2024-41 A RESOLUTION ADOPTING JOINT RESOLUTION NO. 2024-002 OF THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH AND THE COUNCILS OF THE CITY OF HOMER, KACHEMAK, KENAI, SEWARD, SELDOVIA, AND SOLDOTNA, SUPPORTING THE KENAI PENINSULA ECONOMIC DEVELOPMENT DISTRICT’S REQUEST THAT THE 2026 AND 2027 COOK INLET FINFISH MEETINGS BE HELD IN SOLDOTNA, ALASKA TO PROVIDE RESOURCE STAKEHOLDERS WITH THE OPPORTUNITY TO BE PRESENT AT PUBLIC DISCUSSIONS AFFECTING THE MANAGEMENT OF THEIR RESOURCES. WHEREAS, the functions of the Alaska Department of Fish and Game Commissioner are to manage, protect, maintain, improve, and extend the fish, game, and aquatic plant resources of the state in the interest of the economy and general well-being of the state; and, WHEREAS, the Alaska State Legislature created the seven-member Fisheries Board in 1975 with the purpose of conservation and development of fisheries and wildlife resources; and, WHEREAS, the regulatory authority must work alongside all stakeholders, including industry leaders and local, tribal, and borough organizations, to protect the Kenai Peninsula’s natural resources, communicate regulatory needs, and receive critical stakeholder engagement to find best-suited options for the highest economic returns on investment revolving around the Upper Cook Inlet Salmon system; and, WHEREAS, the Kenai Peninsula waterways of the Kenai, Kasilof, and Susitna Rivers and Fish Creek are the entry points to significant sockeye salmon systems in Upper Cook Inlet; and, WHEREAS, the Kenai River and its lakes are the primary sockeye salmon-producing systems in the Cook Inlet; and, WHEREAS, personal use salmon fisheries are essential to the people of the Kenai Peninsula; and, WHEREAS, salmon sport fisheries are essential to the Kenai Peninsula economy; and, WHEREAS, subsistence salmon fisheries are essential for all Kenai Peninsula communities; and, WHEREAS, all users of salmon are dependent on an abundance of salmon; and, WHEREAS, according to the Alaska Department of Fish and Game, more than 1,300 drift and set gillnet limited entry fishing permits have been for the Upper Cook Inlet area, contributing about 10% of salmon permits issued statewide; and, WHEREAS, the Alaska Board of Fish Upper Cook Inlet Finfish Regulatory Meetings provide critical resource updates, including research presentations and staff reports, provide a platform for public testimony, create and or update industry regulations, deliberations from committee members to increase rates of salmon returns, and outline management plans; and, WHEREAS, Joint Resolution No. 2024-002 supports the efforts of the Kenai Economic Development District’s Request that the 2026 and 2027 Cook Inlet Finfish meetings be held in Soldotna, Alaska, to provide resource stakeholders with the opportunity to be present at Public Discussions Affecting the management of their resources. Page 11 Resolution No. 2024-41 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] 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 2024-002. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 4TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 12 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: August 27, 2024 SUBJECT: Resolution 2024-41 - A Resolution Adopting Joint Resolution No. 2024-002 Of The Assembly Of The Kenai Peninsula Borough And The Councils Of The City Of Homer, Kachemak, Kenai, Seward, Seldovia, And Soldotna, Supporting The Kenai Peninsula Economic Development District’s Request That The 2026 And 2027 Cook Inlet Finfish Meetings Be Held In Soldotna, Alaska To Provide Resource Stakeholders With The Opportunity To Be Present At Public Discussions Affecting The Management Of Their Resources This memorandum supports the proposed resolution in support of a Joint Resolution, which advocates for holding the 2026 and 2027 Alaska Board of Fisheries Upper Cook Inlet Finfish Regulatory Meetings in Soldotna, Alaska. This initiative, with its potential to significantly impact Kenai residents and the greater community, ensures that local stakeholders have direct access to vital discussions and decisions affecting our salmon resources. The Kenai and Kasilof rivers are key to the Upper Cook Inlet salmon system, supporting fisheries that are essential to Kenai’s economy and community, including personal use, sport, subsistence, and commercial fisheries. Given the importance of these resources, it is concerning that the last meeting held on the Kenai Peninsula was in 1999, with meetings held in Anchorage instead. This location creates a significant burden for Kenai residents, hindering public participation due to the cost and effort required to attend multi-day meetings in Anchorage. It is crucial that our residents have reasonable access to public meetings on issues impacting their economy, livelihood, and lifestyle. Holding these meetings on the Kenai Peninsula would allow the Alaska Board of Fisheries to engage directly with local stakeholders, including industry leaders, tribal organizations, and local representatives. This would ensure that resource management is informed, balanced, and reflective of diverse community needs. Supporting this Joint Resolution proposed by the Kenai Economic Development District is a strategic step toward ensuring effective and sustainable management of the Kenai Peninsula’s fishery resources. By bringing the meetings to Soldotna, the City will empower local stakeholders, enhance community involvement, and support the long-term health of our salmon fisheries. Page 13 Page 2 of 2 This resolution takes a proactive approach to resource management that is in the best interests of the Kenai’s economy, culture, and environment. Your consideration is appreciated. Page 14 KENAI PENINSULA BOROUGH CITY OF KACHEMAK CITY OF KENAI CITY OF HOMER CITY OF SELDOVIA CITY OF SEWARD CITY OF SOLDOTNA JOINT RESOLUTION NO. 2024-002 A JOINT RESOLUTION OF THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH AND THE COUNCILS OF THE CITIES OF HOMER, KACHEMAK, KENAI, SEWARD, SELDOVIA, AND SOLDOTNA, SUPPORTING THE KENAI PENINSULA ECONOMIC DEVELOPMENT DISTRICT’S REQUEST THAT THE 2026 AND 2027 COOK INLET FINFISH MEETINGS BE HELD IN SOLDOTNA, ALASKA, AND ROTATED THEREAFTER AMONG THE THREE PRIMARY AFFECTED BOROUGHS (ANCHORAGE, MATSU AND KENAI PENINSULA) TO PROVIDE RESOURCE STAKEHOLDERS WITH THE OPPORTUNITY TO BE PRESENT AT PUBLIC DISCUSSIONS AFFECTING THE MANAGEMENT OF THEIR RESOURCES WHEREAS, the functions of the Alaska Department of Fish and Game Commissioner are to manage, protect, maintain, improve, and extend the fish, game, and aquatic plant resources of the state in the interest of the economy and general well-being of the state; and, WHEREAS, the Alaska State Legislature created the seven-member Fisheries Board in 1975 with the purpose of conservation and development of fisheries and wildlife resources; and, WHEREAS, the regulatory authority must work alongside all stakeholders, including industry leaders and local, tribal, and borough organizations, to protect the Kenai Peninsula’s natural resources, communicate regulatory needs, and receive critical stakeholder engagement to find best-suited options for the highest economic returns on investment revolving around the Upper Cook Inlet Salmon system; and, WHEREAS, the Kenai Peninsula waterways of the Kenai, Kasilof, and Susitna Rivers and Fish Creek are the entry points to significant sockeye salmon systems in Upper Cook Inlet; and, WHEREAS, the Kenai River and its lakes are the primary sockeye salmon-producing systems in the Cook Inlet; and, WHEREAS, personal-use salmon fisheries are essential to the people of the Kenai Peninsula; and WHEREAS, salmon sport fisheries are essential to the Kenai Peninsula economy; and WHEREAS, subsistence salmon fisheries are essential for all Kenai Peninsula communities; and WHEREAS, all users of salmon are dependent on an abundance of salmon; and WHEREAS, according to the Alaska Department of Fish and Game, more than 1,300 drift and set gillnet limited-entry fishing permits have been issued for the Upper Cook Inlet area, contributing about 10% of salmon permits issued statewide; and WHEREAS, the Alaska Board of Fish Upper Cook Inlet Finfish Regulatory Meetings provide critical resource updates, including research presentations and staff reports; provide a platform for public testimony; create and/or update industry regulations; facilitate deliberations from committee members to ensure sustainable salmon returns; and outline management plans; and WHEREAS, Joint Resolution No. 2024-002 supports the efforts of the Kenai Peninsula Economic Development District’s Request that the 2026 and 2027 Cook Inlet Finfish meetings be held in Soldotna, Alaska, to provide resource stakeholders with the opportunity to be present at public discussions affecting the management of their resources; Page 15 Joint Resolution No. 2024-002 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH AND THE COUNCILS OF THE CITIES OF HOMER, KACHEMAK, KENAI, SEWARD, SELDOVIA, AND SOLDOTNA: Section 1. That the Kenai Peninsula Borough and the Cities of Homer, Kachemak, Kenai, Seward, Seldovia, and Soldotna, respectively, formally request that the 2026-2027 Upper Cook Inlet Finfish Regulatory Meetings be held in Soldotna, Alaska, and Rotated Thereafter Among the Three Primary Affected Boroughs (Anchorage, Mat-Su and Kenai Peninsula) to provide an opportunity for local stakeholders to attend and provide public testimony regarding the management of the salmon system. Section 2. That this resolution takes effect immediately upon adoption by the City Councils of the Cities of Homer, Kachemak, Kenai, Seward, Seldovia, and Soldotna, and the Kenai Peninsula Borough Assembly. 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 Page 16 Joint Resolution No. 2024-002 Page 3 of 4 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 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. ___________________________________ Bill Fry, Mayor ATTEST: ___________________________________ Laurie Wallace, City Clerk Page 17 Joint Resolution No. 2024-002 Page 4 of 4 PASSED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH, ALASKA, THIS XXND DAY OF XXXX, 2024. _____________________________ ______________________________ Brent Johnson, Assembly President Peter A. Micciche, KPB Mayor ATTEST: ___________________________________ Michele Turner, CMC, Borough Clerk Page 18 2026-2027 Upper Cook Inlet Finfish Regulatory Meeting Location Proposal Prepared for Art Nelson, Executive Director Alaska Board of Fisheries JULY 2024 Kenai Peninsula Economic Development District Kenai Peninsula Borough City of Kenai Kenai Chamber of Commerce City of Soldotna Soldotna Chamber of Commerce PRESENTED BY: Page 19 02 04 03 05 07 09 08 Stakeholders Table Of Contents Transportation Regional Significance Dining Event Facility Contact Information Lodging 01 Proposal Overview Page 20 2026-2027 Upper Cook Inlet Finfish Meetings The Kenai Peninsula Economic Development District supports and advocates for public engagement processes and opportunities for our stakeholders and communities. We formally and respectfully request the Alaska Fish and Game Board of Fish to hold the Upper Cook Inlet Finfish Regulatory meetings for 2026-2027 on the Kenai Peninsula, specifically in Soldotna. This proposal request will outline the history, accommodation, logistic resources, and outlay of permit holders and business operators, as well as resolutions from our municipalities and borough communicating the need for the meeting to be held in Soldotna. As the Board of Fish makes decisions on fish allocation and management for the commercial and sportfishing industries in the region, it is vital to hold the meeting where the stakeholders, business owners, and waters are. For context, it has been over a decade since the Board of Fish has held any public meetings in this region; the last regular Upper Cook Inlet Finfish meeting was in 1999 with in-person BOF work sessions in 2016 and an Upper Cook Inlet Task Force meeting in 2013. KPEDD respectfully requests the Board of Fish to see this as an opportunity to re-engage and re-establish connections through this public process to proceed with its work to make sound judgments and well- informed decisions and develop comprehensive policy with viewpoints and local perspectives considered. MEETING LOCATION PROPOSAL UPPER COOK INLET PROPOSAL | PAGE 1 PROPOSAL SPONSORED BY Mayor Peter Micciche Kenai Peninsula Borough Director Samantha Springer Kenai Chamber of Commerce Mayor Brian Gabriel City of Kenai Mayor Paul Whitney City of Soldotna Director Maddy Olsen Soldotna Chamber of Commerce Director Cassidi Cameron Kenai Peninsula Economic Development District Page 21 Permit/License Type Active in 2023 # Registered Finfish Guides & Charters 197 Drift Gillnets 356 Set Gillnets 672 Purse Seine 68 Total 1,293 Cook Inlet Stakeholders INDIVIDUALS AND ENTITIES AFFECTED BY MEETING DECISIONS 85% of active set net permits and 75% of active drift gillnet permits are owned by Alaska residents. Regional stakeholders require reasonable access to the Upper Cook Inlet Finfish (UCI) Regulatory Meetings, as they are directly affected by decisions made by the Board of Fish. Holding the two-week Board of Fish UCI meetings solely in Anchorage leads to disproportionate representation of special-interest groups that have the resources to attend the meetings and underrepresentation of individual residents of the Kenai Peninsula. Government officials and representatives of these groups have the ability to travel to the Peninsula for meetings as their costs are borne by the organization rather than the individual. The fluidity of these meetings also makes it difficult for residents to make adequate travel accommodations to provide public testimony. The Kenai Peninsula Economic Development District will act as a point of contact, in partnership with the Kenai Peninsula Borough and regional municipalities, to assist in identifying resources and cost savings for the State. KPEDD will strive to ensure that logistical considerations, adequate public facilities, transportation, lodging and experience are met with the upmost care. UPPER COOK INLET PROPOSAL | PAGE 2 Page 22 Commercial fisheries land a combined average of 31.3 million pounds of salmon annually, valued on average at 50.1 million USD annually The Kenai Peninsula waterways of the Kenai, Kasilof, and Susitna Rivers, and Fish Creek are the entry points to major sockeye salmon systems in Upper Cook Inlet The regulatory authority must work alongside industry to protect the Kenai Peninsula’s natural resources, communicate on regulatory needs, and receive necessary stakeholder engagement to find best-suited options for the highest economic returns on investment revolving around the Upper Cook Inlet Salmon system. Holding the 2026 and 2027 Upper Cook Inlet Finfish Regulatory Meetings in Soldotna would provide resource stakeholders with the opportunity to be present at public discussions affecting the management of their resources. The Kenai River and its lakes are the primary sockeye salmon producing systems in the Cook Inlet The Kasilof River and Tustumena Lake is the second-most (sometimes the third-most) productive sockeye salmon producing system in Cook Inlet Upper Cook Inlet REGIONAL SIGNIFICANCE Commercial, sport, subsistence and personal use fisheries are essential to the Kenai Peninsula Economy The value and economic impact goes far beyond the number of permit holders in the region UPPER COOK INLET PROPOSAL | PAGE 3 Page 23 SOLDOTNA FIELD HOUSE UPPER COOK INLET PROPOSAL | PAGE 4 SIZE NEWLY BUILT 40,500 SQ FT MULTI-PURPOSE FACILITY 215' X 115' MEETING AREA WITH REMOVABLE TURF SYSTEM DIVIDER CURTAINS ALLOWING FOR MULTIPLE MEETING SPACES ACCOMMODATIONS LOCATION CENTRALLY LOCATED ON THE KENAI PENINSULA, EASILY ACCESSIBLE BY ROAD AND AIR, WITH MANY AMENITIES AND LODGING OPTIONS NEARBY AUDIO AND VISUAL EQUIPMENT TO SUPPORT MEETINGS AND LARGE EVENTS COMMERCIAL KITCHEN ACCESS FOR FOOD SERVICE SMALL MULTI-PURPOSE ROOM PLUS ADDITIONAL CONFERENCE ROOMS AT THE SOLDOTNA REGIONAL SPORTS COMPLEX FOR BREAKOUT SESSIONS HIGH SPEED WIFI Page 24 UPPER COOK INLET PROPOSAL | PAGE 5 Lodging The newly remodeled Aspen Hotel is located in the heart of downtown Soldotna, less than five minutes from the Soldotna Field House. The Aspen also offers block rates for local event attendees. There are also 3 other lodging options in Soldotna and 6 in Kenai providing accommodations for out-of-town meeting attendees. ASPEN HOTEL - SOLDOTNA https://aspenhotelsak.com/soldotna/ Phone:(907) 260-7736 Address: 326 Binkley Cir, Soldotna, AK 99669 ALASKA ANGLERS INN - SOLDOTNA https://www.anglersinnalaska.com/ Phone:(907) 420-0500 Address: 44715 Sterling Hwy, Soldotna, AK 99669 SOLDOTNA INN - SOLDOTNA https://www.soldotnainn.com/ Phone:(907) 262-9169 Address: 35041 Kenai Spur Hwy, Soldotna, AK 99669 SOLDOTNA INN - SOLDOTNA https://www.soldotnainn.com/ Phone:(907) 262-9169 Address: 35041 Kenai Spur Hwy, Soldotna, AK 99669 Page 25 UPPER COOK INLET PROPOSAL | PAGE 6 Lodging Kenai also offers numerous lodging options, and is less than 15 minutes from the Soldotna event center. A few hotel options include: ASPEN HOTEL - KENAI https://aspenhotelsak.com/kenai/ Phone:(907) 283-2272 Address: 10431 Kenai Spur Hwy, Kenai, AK 99611 QUALITY INN - KENAI https://www.choicehotels.com/alaska/kenai/quality-inn Phone: (907) 283-6060 Address: 10352 Kenai Spur Highway, Kenai, AK, 99611 KENAI AIRPORT HOTEL - KENAI https://www.kenaiairporthotels.com/ Phone:(907) 283-1577 Address: 230 N Willow St, Kenai, AK 99611 UPTOWN MOTEL - KENAI http://www.uptownmotel.com/ Phone:(907) 283-3660 Address: 47 Spur View Dr, Kenai, AK 99611 Page 26 UPPER COOK INLET PROPOSAL | PAGE 7 Transportation Flights operate daily between Anchorage and Kenai through Kenai Aviation and grant Airlines. There are two car rental centers located in the Kenai Airport, Budget and Avis, for local travel to and from the event. Alaska Bus Company provides shuttle services to and from Anchorage, and Alaska Cab offers shuttle services between and around both Kenai and Soldotna. KENAI AVIATION - 15 FLIGHTS FROM ANCHORAGE TO KENAI DAILY https://www.kenaiaviation.com/ Phone:(888) 505-3624 GRANT AVIATION - 30 FLIGHTS FROM ANCHORAGE TO KENAI DAILY https://www.flygrant.com/ Phone:888-359-4726 BUDGET CAR RENTAL - KENAI https://www.budget.com/en/locations/us/ak/kenai/ena Phone:(907) 283-4506 Address: 305 N Willow St Ste 116, Kenai, AK 99611 AVIS CAR RENTAL - KENAI https://www.avis.com/en/locations/us/ak/kenai/ena Phone:(907) 283-7900 Address: 305 N Willow St, Kenai, AK 99611 AK BUS COMPANY - DAILY SHUTTLE BETWEEN ANCHORAGE AND KENAI https://www.alaskabuscompany.com/ Phone:(907)299-6806 Page 27 UPPER COOK INLET PROPOSAL | PAGE 8 Dining There are more than twenty-five restaurants in and near Soldotna, offering a wide range of local favorites. Fine dining options include Addie Camp, the Flats, and Mykel’s. Soldotna also offers casual dining and fast food options for attendees. ADDIE CAMP https://www.whistlehillsoldotna.com/ Phone:(907) 262-2334 43540 Whistle Hill Loop, Soldotna, AK 99669 THE FLATS https://theflatsbistro.com/ Phone:(907) 335-1010 39847 Kalifornsky Beach Rd, Kenai, AK 99611 MYKEL’S https://www.mykels.com/ Phone:(907) 262-4305 Address: 35041 Kenai Spur Hwy, Soldotna, AK 99669 ST. ELIAS BREWING https://www.steliasbrewingco.com/ Phone:(907) 260-7837 Address:434 Sharkathmi Ave, Soldotna, AK 99669 ODIES https://odiesdeli.com/ Phone:(907) 260-9000 44315 Sterling Hwy, Soldotna, AK 99669 Page 28 KENAI PENINSULA ECONOMIC DEVELOPMENT DISTRICT PLEASE CONTACT US WITH ANY QUESTIONS CASSIDI CAMERON EXECUTIVE DIRECTOR CASSIDI@KPEDD.ORG (907)519-8637 Page 29 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 21, 2024 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING City of Kenai Council Meeting Page 1 of 7 August 21, 2024 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on August 21, 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 Alex Douthit Victoria Askin James Baisden A quorum was present. Also in attendance were: **Xinlan Tanner, Student Representative (remote participation) Terry Eubank, City Manager Scott Bloom, City Attorney David Swarner, Finance Director Scott Curtin, Public Works Director Derek Ables, Airport Manager Shellie Saner, City Clerk 3. Agenda Approval MOTION: Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda. 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: There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS - None. Page 30 City of Kenai Council Meeting Page 2 of 7 August 21, 2024 D. UNSCHEDULED PUBLIC COMMENTS Sovala Kisena, candidate for Kenai City Council addressed the Council stating he was looking forward to the opportunity to serve on the City Council; he has seven-years’ experience in local municipalities, working as Risk Manager for the Kenai Peninsula Borough; prior to that worked in health and safety for oilfield companies; and he was looking to bring some of those problem-solving experiences to the City Council. Marion Nelson, Kenai Fine Art Center Board Member provided an update, noting that the Tattoo Art Show was cancelled and she was helping with the Airport Bronze Bear project. E. PUBLIC HEARINGS 1. Ordinance No. 3427-2024 - Increasing Estimated Fiscal Year 2024 Revenues and Appropriations in the General Fund - Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3427-2024. 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. Appreciation was stated for the Police Department participating in the program. VOTE: YEA: Gabriel, Askin, Douthit, Baisden, Sounart, Knackstedt, Daniel NAY: None **Student Representative Tanner: Yea MOTION PASSED. 2. Ordinance No. 3428-2024 - Increasing Estimated Revenue and Appropriations in the Airport Operations Facility Capital Project Fund, Accepting a Grant from the Federal Aviation Administration and Awarding a Construction Agreement for the Kenai Municipal Airport Aircraft Rescue and Fire Fighting Facility Rehabilitation Project. (Administration) • Ordinance No. 3428-2024 Substitute - Increasing Estimated Revenue and Appropriations in the Airport Operations Facility Capital Project Fund, Accepting a Grant from the Federal Aviation Administration and Awarding a Construction Agreement for the Kenai Municipal Airport Aircraft Rescue and Fire Fighting Facility Rehabilitation Project. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3428-2024. 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. MOTION: Vice Mayor Knackstedt MOVED to amend the Ordinance No. 3428-2024 by Ordinance No. 3428-2024 Substitute. Council Member Baisden SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to amend by substitute. VOTE: There being no objection; SO ORDERED. Page 31 City of Kenai Council Meeting Page 3 of 7 August 21, 2024 It was reported this would accept grant funds from the FAA to replace the HVAC equipment at the ARFF Building; this represents 65% of the project cost; and this facility is crucial for maintain compliance with FAA regulations for storage and safekeeping of snow removal assets. VOTE ON MAIN MOTION AS AMENDED: YEA: Askin, Douthit, Baisden, Sounart, Knackstedt, Daniel, Gabriel NAY: None **Student Representative Tanner: YEA MAIN MOTION AS AMENDED PASSED. 3. Ordinance No. 3429-2024 - Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund and Accepting a Grant from the Federal Aviation Administration for the Kenai Municipal Airport Mobile Test Foam System Equipment Purchase. (Administration) MOTION: Vice Mayor Knackstedt MOVED to enact Ordinance No. 3429-2024. 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. It was reported this would accept funds from the FAA to cover 100% of the project for a ARFF vehicle portable test equipment; which allows testing without flowing foam and ensures compliance with FAA regulations. VOTE: YEA: Douthit, Baisden, Sounart, Knackstedt, Daniel, Gabriel, Askin NAY: None **Student Representative Tanner: Yea MOTION PASSED. 4. Resolution No. 2024-38 - Authorizing a Service Agreement for the Fiscal Year 2025 Street Light Repair and Maintenance with Utility Locate Services. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-38. Council Member Askin SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding maintaining a list of problem lights within the City for the public so that the residents could know the City was aware an issue existed and would be addressing it. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2024-39 - Authorizing a Service Agreement for the Fiscal Year 2025 and Fiscal Year 2026 Water Treatment Plant and Wastewater Treatment Plant Dumpster Services. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-39. Council Member Askin SECONDED the motion. Page 32 City of Kenai Council Meeting Page 4 of 7 August 21, 2024 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 that the process had been running for roughly a year; has improved the quality of water leaving the plant; has not resulted in significant utility savings; revenue has been generated processing the leachate from the borough; the high cost of sludge disposal and having no end user for sludge in the area. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 6. Resolution No. 2024-40 - Authorizing a Contract Award to Supply Operational Chemicals for the City’s Water Treatment and Wastewater Treatment Facilities. (Administration) MOTION: Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-40. 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. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. F. MINUTES 1. *Regular Meeting of August 7, 2024. (City Clerk) G. UNFINISHED BUSINESS - None. H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Action/Approval - Authorizing Submission of Comment to NOAA to Determine Whether to List Gulf of Alaska Chinook Salmon Under the Endangered Species Act. (Knackstedt) Approved by the consent agenda. 3. *Action/Approval - Authorizing a Letter of Support of the Kenai Watershed Forum’s Proposal for WaterSMART Cooperative Management Program Phase I Funding. (Administration) Approved by the consent agenda. 4. *Action/Approval - Non-Objection to the Large Resort Endorsement of a Beverage Dispensary Tourism Liquor License for Salamatof Cannery Lodge, LLC - License No. 6111. (City Clerk) Approved by the consent agenda. 5. *Ordinance No. 3430-2023 - Accepting and Appropriating a Meals on Wheels of America Grant in Partnership with DoorDash for the Kenai Senior Center Meals on Wheels Delivery Program. (Administration) Introduced by the consent agenda and Public Hearing set for September 4, 2024. Page 33 City of Kenai Council Meeting Page 5 of 7 August 21, 2024 6. *Ordinance No. 3431-2023 - Increasing Estimated Revenues and Appropriations in the General Fund, Land Administration Department for the Purchase of Survey Services to Subdivide City of Kenai Parcel 04901022. (Administration) Introduced by the consent agenda and Public Hearing set for September 4, 2024. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Commission No report, next meeting September 12, 2024. 2. Airport Commission Vice Mayor Knackstedt reported on the August 8, 2024 meeting, next meeting September 12, 2024. 3. Harbor Commission Council Member Sounart reported on the August 12, 2024 meeting, next meeting September 9, 2024. 4. Parks and Recreation Commission No report, next meeting October 3, 2024. 5. Planning and Zoning Commission Council Member Douthit reported on the August 14, 2024 meeting, next meeting was cancelled. 6. Beautification Commission Council Member Daniel reported on the August 20, 2024 work session, next meeting September 10, 2024. J. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Field of Flowers looks great this year. • Attending: o Ambulance Dedication Ceremony. o Industry Appreciation Days. o Kenai Classic Round Table Discussion. • This would be Student Representative Tanners last meeting and thanked her for her in-depth reports and service. K. ADMINISTRATION REPORTS 1. City Manager - City Manager Eubank reported on the following: • Public Works Director Mr. Curtin's resignation and upcoming relocation out of state. • Recruitment updates for Chief Animal Control Officer, Deputy Fire Chief, and Planning Director positions. • Meeting with the Kenaitze Indian Tribe regarding a grant application for the Cemetery Creek culvert replacement. • Proposal to host the 2026-2027 Upper Cook Inlet Fin Fish regulatory meeting in the Central Peninsula. • Update on Small Community Air Service Development Program (SCASDP) grant application and letters of support received. • Upcoming closures at the Rec Center for floor refinishing and epoxy application. • Commendation of the Senior Center's annual survey results showing high satisfaction. • Planning Director recruitment closed with one qualified applicant being considered. Page 34 City of Kenai Council Meeting Page 6 of 7 August 21, 2024 2. City Attorney - No report. 3. City Clerk - City Clerk Saner reported on the following: • Student Representative applications distributed to schools, application deadline September 13, 2024. • Resignation from the Planning & Zoning Commission, recruitment to begin right away with an application deadline of September 10, 2024. • Resignation from the Harbor Commission effective October 31, 2024, if unfilled the commission will have less than a quorum. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) 2. Council Comments Vice Mayor Knackstedt thanked Student Representative Tanner for her service; reported attendance at the ambulance dedication ceremony and Industry Appreciation Days; and upcoming Food Bank Soup Fundraiser and the Senior Center Old Timers Lunch; he thanked Council for their support on the submission of comments to NOAA. Council Member Baisden thanked Student Representative Tanner, noting she set a high bar for future student representatives. Council Member Daniel thanked Student Representative Tanner and noted that today was the first day of school. Council Member Askin thanked Council Member Sounart for filling in at the Harbor Commission meeting; welcomed new Fire Chief Teague, and thanked Student Representative Tanner, noting she would be missed. Council Member Douthit reported throwing the first pitch at the Oilers game as a result of the City of Kenai winning the King of the River Food Drive this year; helping during the Industry Appreciation Days event; thanked Public Works for Lilac Drive improvements; reminded everyone there were still areas for firewood cutting and to contact the Parks Department. Student Representative Tanner reported it was the first day of school; provided an update on sports activities; thanked everyone for their support this last year, noting this had been an interesting and amazing experience and that she enjoyed working will the Council. M. EXECUTIVE SESSION - None. N. PENDING ITEMS O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. There being no further business before the Council, the meeting was adjourned at 6:57 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 21, 2024. ___________________________________ Michelle M. Saner, MMC City Clerk Page 35 City of Kenai Council Meeting Page 7 of 7 August 21, 2024 ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 36 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: SEPTEMBER 4, 2024 VENDOR DESCRIPTION PERS PERS INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 112,216.74 MATURITY DATE AMOUNT Effect Int. Page 37 PURCHASE ORDERS OVER $35,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 4, 2024 VENDOR DESCRIPTION DEPT. INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # -DEPT. ELECTRICAL SERVICE -SAND HOMER ELECTRIC STORAGE FACILITY 126511 -AP IMPROV. HDL ENGINEERING CONSULTANTS • AIRPORT RUNWAY REHAB PROJECT 122479-AP IM.PROV. ACCOUNT AMOUNT REASON AMOUNT TOTAL PO AMT ADDITIONAL WIRING, EQUIPMENT 5,717.09 48,020.09 ADDITIONAL COSTS IN SUPPORT OF AMEND. 4 48,987.00 1,181,873.00 Page 38 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: August 29, 2024 SUBJECT: Purchase Order Increase – Homer Electric Association The purpose of this memo is to request Council’s approval to increase Homer Electric Associations existing purchase order 126511 from $42,303 to $48,020.09, an increase of $5,717.09. This is for the electrical service and transformer work that was completed in support of the Kenai Municipal Airport’s Sand Storage Facility. This was a late arriving invoice, many months after the work was completed. The additional costs are associated with additional wiring and equipment required to alter the existing utilities to accommodate the new facility, including the rerouting of electrical service to the Forestry Services leased lot on the adjacent property, that had previously run directly through the Sand Storage site. Staff has reviewed these costs with HEA, and have determined them to be fair and reasonable. It is recommended that approving this purchase order is in the best interest of the City. This is the final anticipated expenditure for this project, with final grant closeout paperwork pending final submittal to the FAA. The costs associated with this purchase order increase are also eligible for grant reimbursement. Council’s support is respectfully requested. Page 39 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: August 29, 2024 SUBJECT: Purchase Order Increase – HDL Engineering Consultants LLC The purpose of this memo is to request Council’s approval to increase HDL Engineering Consultants LLC existing purchase order 122479 from $1,132,886 to $1,181,873, an increase of $48,987. This is for additional costs in support of Contract Amendment 4 for the Kenai Municipal Airport Runway Rehab project. Amendment 4 includes work associated with ADEC requested additional PFAS sampling in an adjacent drainage ditch running parallel with the runway. As mentioned previously, while trace amounts of PFAS have been detected on the airport, none of the amounts found were above current actionable levels. This additional sampling is being completed to determine if dewatering work can take place utilizing the drainage area without negative impacts to the overall project. Additional engineer time will be spent in development of a contaminated materials management plan (CMMP) and in developing bid ready construction documents toward a Cured In Place Piping solution for the stormwater piping which extend below the water table, which make replacements more challenging and costly. All of this work is anticipated to be eligible for Federal Aviation Administration grant reimbursement. As of June 30th, 2024 HDL has invoiced $554,349.47 of their total contract. Design documents are closing in on finalized 65% development. The costs associated with this amendment have been determined to be fair and reasonable, and increasing the existing purchase order is in the best interest of the City. Council’s support is respectfully requested. Page 40 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: August 16, 2024 SUBJECT: Action/Approval - George H Plumley Memorial Post 20 American Legion Liquor License Renewal The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of license: Applicant: George H Plumley Memorial Post 20 American Legion D/B/A: George H Plumley Memorial Post 20 American Legion License Type: Club License License No.: 1380 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the liquor license renewal will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 41 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 July 25, 2024 From: Alcohol.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: George H Plumey Memorial Post 20 American Legion DBA: George H Plumey Memorial Post 20 American Legion VIA email: jeff.klemisch@aol.com CC: None Local Government 1: City of Kenai Local Government 2: Kenai Peninsula Borough 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; cityclerk@kenai.city Community Council: n/a Via Email: Re: Club License #1380 Combined Renewal Notice License Number: #1380 License Type: Club License Licensee: George H Plumey Memorial Post 20 American Legion Doing Business As: George H Plumey Memorial Post 20 American Legion Physical Address: 902 Cook Ave, Kenai Designated Licensee: George H Plumey Memorial Post 20 American Legion Phone Number: 907-283-3222 Email Address: jeff.klemisch@aol.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: 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 04.11.510, and AS 04.11.520. 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- HE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 42 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 September 10th, 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 04.11.480. 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 04.11.525. 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 Page 43 Action History (UTC-08:00) Pacific Time (US & Canada) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 7/25/2024 1 :09:03 PM (Form Submission) by Jeremy Hamilton 7/25/2024 2:09:52 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is: August 5, 2024 5:00 PM 7/25/2024 1 :09:04 PM by David Ross 7/25/2024 2:13:15 PM (Police Department Review) • The task was assigned to David Ross. The due date is: August 5, 2024 5:00 PM 7/25/2024 1 :09:04 PM by Tina Williamson 7/25/2024 3:45:17 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is : August 5, 2024 5:00 PM 7/25/2024 1 :09:04 PM by Cindy Herr 7/25/2024 4:42:56 PM (Legal Asst Review) • No monies owed in fines or restitution. • The task was assigned to Cindy Herr. The due date is: August 5, 2024 5:00 PM 7/25/2024 1 :09:05 PM by Brandon McElrea 8/2/2024 9:42:06 AM (Lands Review) • The task was assigned to Max Best. The due date is: August 5, 2024 5:00 PM 7/25/2024 1 :09:05 PM • Max Best reassigned the task to Brandon McElrea 8/2/2024 9: 11 :27 AM by Brandon McElrea 8/2/2024 9:46:02 AM (P&Z Department Review) • No Code violations. • The task was assigned to Max Best. The due date is: August 13 , 2024 5:00 PM 8/2/2024 9:42:07 AM • Max Best reassigned the task to Brandon McElrea 8/2/2024 9:44:34 AM by Scott Bloom 8/2/2024 10:08:33 AM (Legal Review) • The task was assigned to Scott Bloom. The due date is: August 13, 2024 5:00 PM 8/2/2024 9:42:07 AM by David Swarner 8/7/2024 9:49:39 AM (Finance Review) • The task was assigned to David Swarner. The due date is : August 13, 2024 5:00 PM 8/2/2024 9:42:07 AM by Joe Fisher 8/16/2024 4:04 :06 PM (Building Official Review) • The task was assigned to Joe Fisher. The due date is: August 5, 2024 5:00 PM 7/25/2024 1 :09:04 PM Page 44 AMCO License Application Date 7/25/2024 Establishment Information License Type Club License Licensee George H Plumey Memorial Post 20 American Legion Doing Business As George H Plumey Memorial Post 20 American Legion Premises Address 902 Cook Ave, Kenai Contact Information Contact Licensee Jeffrey Klemisch Contact Phone No. 907-283-3222 Additional Contact Information Name Phone No. Documents File Upload City, State Kenai , AK 1380_2024-07-25_ABC_Non_ Obj_Letter.pdf Contact Email jeff.klemisch@aol .com Email Lie #1380 George H Plumley Memorial Post 20 American Legion Renewal Notice.pdf 220.69KB 316 .08KB 320 .03KB Lie . #1380 Application Summary & License Renewal.pdf Page 45 Page 46 Page 47 Page 48 License Renewal ls 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 How many hours did you operate in 2022 as set forth in AS 04.11.330? Operated to meet the minimum 240 hrs. How many hours d i d you operate in 2023 as set forth in AS 04.11.330? 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 violation of Title 04, 3AAC 304 or a local ordanince adopted under AS 04.21.010 in 2022 or 2023.? No Have any Notices of Violation been issued for this license in 2022 or 2023? No License Number: 1380 Mailing Address: 902 Cook Ave. Kenai, ,AK 99611 License Expiration Date: 12/31/2023 License Trade Name: George H Plumley Memorial Post 20 American Legion Page 49 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2160 | (F) 907-714-2388 | www.kpb.us Office of the Borough Clerk Thursday, July 25, 2024 Sent via email: cityclerk@kenai.city Ms. Shellie Saner, City Clerk City of Kenai RE: Non-Objection of Application Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: jeff.klemisch@aol.com; mailto:amco.localgovernmentonly@alaska.gov Licensee/Applicant : AMERICAN LEGION #20 - Kenai Business Name : AMERICAN LEGION POST #20 License Type : Club License Location : 902 Cook Avenue, Kenai, AK 99611, City of Kenai License No. : 1380 Application Type : License Renewal Page 50 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: August 27, 2024 SUBJECT: Action/Approval – Main Street Tap & Grill Liquor License Renewal The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of license: Applicant: Mitak LLC D/B/A: Main Street Tap & Grill License Type: Beverage Dispensary Tourism Liquor License License No.: 4555 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the liquor license renewal will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. Page 51 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 August 23, 2024 From: Alcohol.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Mitak Llc DBA: Main Street Tap & Grill VIA email: lolsen@mitckc.com Local Government 1: Kenai Peninsula Borough Local Government 2: Kenai Via Email: micheleturner@kpb.us; jkasper@kpb.us; sessert@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mjenkins@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; cityclerk@kenai.city Community Council: N/A Via Email: N/A RE: Beverage Dispensary Tourism License #4555 Combined Renewal Notice License Number: 4555 License Type: Beverage Dispensary Tourism Licensee: Mitak Llc Doing Business As: Main Street Tap & Grill Physical Address: 10800 Kenai Spur Highway Licensee Tel. 913-909-9277 ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: 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 04.11.510, and AS 04.11.520. 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. Page 52 Your application will be scheduled for the September 10, 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 04.11.480. 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 04.11.525. 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 Page 53 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by Meghan Thibodeau 8/23/2024 10:42:02 AM (Form Submission) Approve by Jeremy Hamilton 8/23/2024 10:42:44 AM (Fire Marshall Review) The task was assigned to Jeremy Hamilton. The due date is: September 3, 2024 5:00 PM 8/23/2024 10:42:07 AM Approve by Tina Williamson 8/26/2024 8:19:26 AM (Finance Asst Review) The task was assigned to Tina Williamson. The due date is: September 3, 2024 5:00 PM 8/23/2024 10:42:11 AM Approve by Cindy Herr 8/26/2024 11:33:02 AM (Legal Asst Review) There are no monies owed in fines or restitution. The task was assigned to Cindy Herr. The due date is: September 3, 2024 5:00 PM 8/23/2024 10:42:12 AM Approve by Max Best 8/26/2024 11:42:22 AM (Lands Review) The task was assigned to Max Best. The due date is: September 3, 2024 5:00 PM 8/23/2024 10:42:13 AM Approve by Max Best 8/26/2024 11:47:36 AM (P&Z Department Review) The task was assigned to Max Best. The due date is: September 4, 2024 5:00 PM 8/26/2024 11:42:24 AM Approve by Scott Bloom 8/26/2024 11:54:03 AM (Legal Review) The task was assigned to Scott Bloom. The due date is: September 4, 2024 5:00 PM 8/26/2024 11:42:24 AM Approve by David Swarner 8/26/2024 2:40:43 PM (Finance Review) The task was assigned to David Swarner. The due date is: September 4, 2024 5:00 PM 8/26/2024 11:42:23 AM Approve by Joe Fisher 8/26/2024 4:15:57 PM (Building Official Review) The task was assigned to Joe Fisher. The due date is: September 3, 2024 5:00 PM 8/23/2024 10:42:08 AM Approve by David Ross 8/27/2024 10:36:26 AM (Police Department Review) The task was assigned to David Ross. The due date is: September 3, 2024 5:00 PM 8/23/2024 10:42:10 AM Page 54 AMCO License Application Date License Type Licensee Doing Business As Premises Address City, State Contact Licensee Contact Phone No.Contact Email Name Phone No.Email File Upload 8/23/2024 Establishment Information Beverage Dispensary Tourism Mitak LLC Main Street Tap & Grill 10800 Kenai Spur Highway Kenai, AK Contact Information Michael Lindsay Olsen 913- 909-9277 lolsen@mitckc.com Additional Contact Information Documents 4555 Complete 24-25 Renewal Application.pdf 1.24MB 4555 Complete 24-25 Renewal Notice.pdf 293.57KB Page 55   8/23/24, 8:26 AM Workitem Process https://accis.elicense365.com/process/workflow?WorkitemID=2264&WorkitemTypeID=1&WorkitemType=LIC#1/1 Page 56 Document reference ID : 1364 Licensing Application Summary Application ID:1364 Applicant Name:Mitak Llc License Type applied for: Beverage Dispensary Tourism License (BDTL) (AS 04.09.350) Application Status:In Review Application Submitted On:12/18/2023 Entity Information Business Structure:Limited liability company Alaska Entity Number (CBPL):97311 Entity Contact Information Entity Address:5200 W 94th Terr Ste 107, Prairie Village, KS, 66207, USA Ownership / Principal Party Details Principal Parent Entity Principal Party Role %Ownership Mitak Llc Michael Lindsay Olsen Member 100 Premises Address Nearest municipality, city, and/or borough: Kenai Page 57 Country, State, Zip:AK, United States, Basic Business information Business/Trade Name:Main Street Tap & Grill Local Government and Community Council Details City/Municipality Kenai (City of) Borough Kenai Peninsula Borough Public Notice Posting Attestation and Publishers Affidavit Attestations I certify that all proposed licensees (as defined in AS 04.11.260) 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 04.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 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 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. I certify that all proposed licensees have been listed with Division of Corporation, Business, and Professional Licensing. Page 58 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. The proposed changes conform to all applicable public health, fire, and safety laws. I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Signature Electronic Signature not collected; application submitted based on paper form. Payment Info Payment Type : CC Payment Id: 0f27b059-a15a-46ef-bc68-5ee63a6bdf54 Receipt Number: Payment Date: 12/18/2023 8:56:03 AM Page 59 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2160 | (F) 907-714-2388 | www.kpb.us Office of the Borough Clerk Tuesday, August 27, 2024 Sent via email: cityclerk@kenai.city Shellie Saner, City Clerk City of Kenai RE: Non-Objection of Application Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: lolsen@mitckc.com; mailto:amco.localgovernmentonly@alaska.gov Licensee/Applicant : MITAK, LLC Business Name : Main Street Tap & Grill License Type : Beverage Dispensary/Tourism License Location : 10800 Kenai Spur Highway, Kenai, AK 99611, City of Kenai License No. : 4555 Application Type : License Renewal Page 60 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Shellie Saner, City Clerk DATE: August 26, 2024 SUBJECT: Action/Approval - East Rip Marijuana License Renewal The following establishment submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of a marijuana license: Applicant: Cook Inlet Cannabis Co. D/B/A: East Rip License Type: Retail Marijuana Store License No: 13382 Pursuant to KMC 2.40 a review of City accounts has been completed and the applicant has satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the marijuana license renewal will be forwarded to AMCO and applicant. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 61 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 July 26, 2024 From: marijuana.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Cook Inlet Cannabis Co. DBA: EAST RIP VIA email: ryan@east-rip.com CC: n/a Local Government: City of Kenai; Kenai Peninsula Borough Via Email: micheleturner@kpb.us; jkasper@kpb.us; sessert@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us;slopez@kpb.us; bcarter@kpb.us; cityclerk@kenai.city Community Council: Via Email: CC: n/a BCC: amco.admin@alaska.gov Re: Retail Marijuana Store #13382 Combined Renewal Notice License Number: #13382 License Type: Retail Marijuana Store Licensee: Cook Inlet Cannabis Co. Doing Business As: EAST RIP Physical Address: 10767 KENAI SPUR HWY SUITE D KENAI, AK 99611 Designated Licensee: Ryan Tunseth Phone Number: 907-398-1233 Email Address: ryan@east-rip.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). HE STATE 01ALASKA GOVERNOR MIKE DU LEAVY Page 62 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 marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat-Su Borough only) AMCO has received a complete renewal application for the above listed license within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To object to the approval of this application pursuant to 3 AAC 306.065, you must furnish the director and the applicant with a clear and concise written statement of reasons for the objection within 30 days of the date of this notice. We recommend that you contact the local government with jurisdiction over the proposed premises to share objections you may have about the application. • Page 63 At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application independently. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email marijuana.licensing@alaska.gov. Sincerely, Joan M. Wilson, Director 907-269-0350 Page 64 Action History (UTC-08:00) Pacific Time (US & Canada) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 7/26/2024 10 :10:04 AM (Form Submission) by David Ross 7/26/2024 10 :33:47 AM (Police Department Review) • The task was assigned to David Ross. The due date is: August 6, 2024 5:00 PM 7/26/2024 10:10:06 AM by Tina Williamson 7/26/2024 10:38:58 AM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is : August 6, 2024 5:00 PM 7/26/2024 10:10:07 AM by Jeremy Hamilton 7/26/2024 12:27:51 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is: August 6, 2024 5:00 PM 7/26/2024 10:10:06 AM by Cindy Herr 7/30/2024 9:00:24 AM (Legal Asst Review) • No monies owed in fines or restitution to the City of Kenai. • The task was assigned to Cindy Herr. The due date is: August 6, 2024 5:00 PM 7/26/2024 10:10:07 AM by Brandon McElrea 8/2/2024 9:21 :19 AM (Lands Review) • No Code violations . Compliant with current CUP. • The task was assigned to Max Best. The due date is: August 6, 2024 5:00 PM 7/26/2024 10:10:07 AM • Max Best reassigned the task to Brandon McElrea 8/2/2024 9 :10:00 AM by Brandon McElrea 8/2/2024 9:45:18 AM (P&Z Department Rev iew) • No Code violations . Compliant with current CUP. • The task was assigned to Max Best. The due date is: August 13 , 2024 5 :00 PM 8/2/2024 9:21 :21 AM • Max Best reassigned the task to Brandon McElrea 8/2/2024 9:44 :00 AM by Scott Bloom 8/2/2024 10 :08:47 AM (Legal Review) • The task was assigned to Scott Bloom. The due date is: August 13, 2024 5:00 PM 8/2/2024 9:21 :20 AM by David Swarner 8/7/2024 9:50:26 AM (Finance Review) • The task was assigned to David Swarner. The due date is : August 13, 2024 5 :00 PM 8/2/2024 9 :21 :20 AM by Joe Fisher 8/26/2024 4 :15:38 PM (Building Official Review) • The task was assigned to Joe Fisher . The due date is: August 6, 2024 5:00 PM 7/26/2024 10:10 :06 AM Page 65 AMCO License Application Date 7/26/2024 Establishment Information License Type Retail Marijuana Store Licensee Cook Inlet Cannabis Co . Doing Business As East Rip Premises Address 10767 KENAI SPUR HWY SUITE D Contact Information Contact Licensee Ryan Tunseth Contact Phone No. 907-398-1233 Additional Contact Information Name Phone No. Documents File Upload City, State Kenai, AK #13382 EAST RIP Combined MJ Renewal Notice.pdf #13382 MJ-20 .pdf Online Application.pdf Contact Email ryan@east-rip.com Email 298.2KB 467 .04KB 145.93KB Page 66 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 [Form MJ-20] (rev 4/30/2024) Page 1 of 2 Alaska Marijuana Control Board 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. Enter information for the licensed establishment, as identified on the license application. Licensee: License Number: License Type: Doing Business As: Premises Address: City: State: ZIP: Enter information for the individual licensee who is completing this form. Name: Title: 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). Section 1 – Establishment Information Section 2 – Individual Information Section 3 – Violations & Charges Cook Inlet Cannabis Co.13382 Retail Marijuana Store East Rip 10767 Kenai Spur Hwy, Suite D Kenai Alaska 99611 Ryan Tunseth Director, President, Secretary, Shareholder, Treasurer N/A DocuSign Envelope ID: A00E91BF-E850-4586-8FFD-58F02C177782 I I I I I I □ Page 67 [Form MJ-20] (rev 5/1/2023) Page 2 of 2 License #___________________ Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials Section 5 – Certifications I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development’s laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. _______________________________________ Signature of licensee ________________________________________ Printed name of licensee 13382 N/A Ryan Tunseth DocuSign Envelope ID: A00E91BF-E850-4586-8FFD-58F02C177782 G DocuSigned by: ~,:C~ Page 68 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2160 | (F) 907-714-2388 | www.kpb.us Office of the Borough Clerk Wednesday, July 31, 2024 Sent via email: cityclerk@kenai.city Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Retail Marijuana Store Business Name : East Rip License Location : Kenai/10767 Kenai Spur Highway Suite D, Kenai, AK 99611 License No. : 13382 License Type : Retail Marijuana Store Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: ryan@east-rip.com amco.localgovernmentonly@alaska.gov Page 69 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: August 22, 2024 SUBJECT: October 1, 2024 Regular City Election – Precinct Election Boards Pursuant to Kenai Municipal Code 6.20.020(a), the Clerk, subject to approval by the Council shall appoint an election board of at least four judges in a precinct. The following persons have consented to serve as election officials, Council approval is respectfully requested. Kenai No. 1, 07-015 Kenai No. 2, 07-020 Kenai No. 3, 07-025 Carol Freas Jennifer Ticknor Sharron Efta Kit Hill Cleta Elefritz Mike Efta Paul Klaben Darlene Merlo Christine Forbes Joan Seaman Karen Monell Brianna Hammond Michelle Teates Martha "Marti" Pepper Jennie Hammond Virginia Walters Jane Russell Rebecca Lunsford Arlene "Susan" Smalley Raleigh VanNatta Agnes "Marie" Weller Thank you for your consideration. Page 70 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Scott Curtin, Public Works Director DATE: August 29, 2024 SUBJECT: Harbor Commission Work Plan The purpose of this memo is to inform Council of the Harbor Commission’s annual work plan goals and to indicate support for appropriate items. The goals are as follows: 1) Collaborate with DOT to assure future signage can be installed during the future Bridge Access road construction project. 2) Reduce fish waste at dipnet sites 3) Conduct Harbor Use Survey 4) Review the Waterfront Revitalization Plan and provide comments to Council 5) Parking for City Dock and Dipnet areas 6) Explore other sources of income at City Dock and North / South Beach 7) Review the 2030 Comprehensive Plan and provide comments to Council While some of these goals have the potential of extending beyond the current purview of the Harbor Commission, at this early stage of gathering information for discussion, the administration is supportive of these preliminary goals. As these goals are further developed and refined, the administration may have concerns on items that would require an increase to user fees, or items that would require additional burdens on staff time. These issues, if they arise, will be discussed further at a later date. For the purposes of the current work plan, the Administration recommends Council’s approval of the Harbor Commission’s Work Plan. Council’s support is respectfully requested. Page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ignage Colaborate with DOT to assure future signage can be installed during the future bridge access road custruction project. It seems the city boat launch and docks area is very underutilized outside of the dipnetting window. Locals and visitors both love the veiws and the facilties. I think a good oportunity lies outside of the busy dipnetting window, Its a great place for activities and for a future entrance/ exit to the waterfront revitilization project. We know the DOT is in the design faze of bridge access rd, an effort should be made to increase signage; icons such as wildlife veiwing, boatlaunch, partking, photography, etc. These are frequent for other locations all around the state. DOT, Potenitally NOAA Fisheries, and or AWA? The funds needed for this would be very minimal. Page 72 Page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onduct Harbor Use Survey 9 – 12 months 1) Review the 2019 survey where questions were focused toward commercial users. 2) Develop questions that are focused toward all users of harbor (dip net, recreational and commercial users). 3) What would harbor users would like to see or what could be improved. Meet needs of the users of the harbor and facilities. Director of Public Works & Harbor Commission. May need to have a work group within the Harbor Commission. Costs involved with using Survey Monkey, if there are any. Page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upport City Council in moving Waterfront Revitalization Plan fo 6 months to review p 1) Harbor Commission to review the August 2022 Kenai Waterfront Revitalization Assessment and if any updates review those as well. 2) After reviewing, provide input to council on findings and recommendations. Provide a reason for residents and visitors to come to Kenai. Harbor Commission, Director of Public Works and Council Liaison None other that hard copies of August 2022 Kenai Waterfront Revitalization Assessment Page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arking for city dock and dip net areas 12 months Identify if there is a need to improve parking at city dock and expand to off-site parking. Reduce congestion during peak times. Harbor Commission, Director of Public Works and Parks and recreation Commission None Page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xplore other sources of income at city dock and north and sou 12 months Come up with ideas that could provide seasonal income with vendors providing services. Could include ideas such as 1. Drop off fish to be processed by vendors for processing at commercial facility. Dip netters could drop off catch with vendor thereby reducing fish cleaning at dock and on beach. 2. Vendor to provide remote parking with shuttle service Could make it easier for users during peak hours Director of Public Works & Harbor Commission None Page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arbor goals in Imagine Kenai 2030 Comprehensive Plan 6 months to review p Review Comprehensive Plan to see if there are future improvements or goals Provide residents with long term vision of harbor Harbor Commission and City None Page 78 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3432-2024 AN ORDINANCE ACCEPTING AND APPROPRIATING FUNDS FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES, PASSED THROUGH THE STATE OF ALASKA, DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, DIVISION OF LIBRARY, ARCHIVES & MUSEUMS, FOR LIBRARY EMPLOYEE TRAINING. WHEREAS, the Kenai Community Library has been awarded up to $1250 in federal grant funds from the Institute of Museum and Library Services, passed through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for continuing education expenses; and, WHEREAS, the funds will be used to reimburse travel costs related to a staff member’s attendance at the Association for Small & Rural Libraries conference; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept a grant in the amount of up to $1250. Section 2. That the following budget revision is authorized: General Fund: Increase Revenues – Federal Grants -Library $1250 Increase Appropriations – Library—Travel and Transportation $1250 Section 3. That the City Manager is authorized to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. Page 79 Ordinance No. 3432-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: September 4, 2024 Enacted: September 18, 2024 Effective: September 18, 2024 Page 80 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: August 27, 2024 SUBJECT: Ordinance No. 3432-2024 - An Ordinance Accepting And Appropriating Funds From The Institute Of Museum And Library Services, Passed Through The State Of Alaska, Department Of Education And Early Development, Division Of Library, Archives & Museums, For Library Employee Training The State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums receives funds from the Institute of Museum and Library Services to pay for Continuing Education (CE) grants for Alaska library workers. These funds can be spent on travel, lodging, per diem and registration expenses for conferences and workshops. The purpose of this Ordinance is to accept and appropriate a CE grant from the IMLS, passed through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, of up to $1250 to reimburse the City of Kenai for a staff member’s attendance at the annual Alaska Library Association conference. Thank you for your consideration. Page 81 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3433-2024 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT FROM THE STATE OF ALASKA FOR THE PURCHASE OF LIBRARY MATERIALS. WHEREAS, the Kenai Community Library received the FY 2025 Public Library Assistance grant of $1,829 from the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums; and, WHEREAS, the funds will be used to purchase library materials; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept this grant in the amount of $1,829 and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Section 2. That the following budget revision is authorized: General Fund: Increase Estimated Revenues – State Grants - Library $1,829 Increase Appropriations – Library - Books $1,829 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: Page 82 Ordinance No. 3433-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: September 4, 2024 Enacted: September 18, 2024 Effective: September 18, 2024 Page 83 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: August 27, 2024 SUBJECT: Ordinance No. 3433-2024 - An Ordinance Accepting And Appropriating A Grant From The State Of Alaska For The Purchase Of Library Materials The Kenai Community Library has been awarded the annual Public Library Assistance Grant by the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums. The amount for FY 2025 is $1,829. To receive the funds, the library must meet various eligibility requirements, including maintaining a collection, providing Interlibrary Loan and reference services, offering children's programming, and the library director’s participation in continuing education. The grant funds will be used for purchasing library materials. Your consideration is appreciated. Page 84 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3434-2024 AN ORDINANCE AMENDING THE EMPLOYEE CLASSIFICATION PLAN BY RECLASSIFYING THE CAPITAL PROJECTS MANAGER TO A PUBLIC WORKS ASSISTANT DIRECTOR AND INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS TO REFLECT THE POSITION’S SUPPORT OF PUBLIC WORKS DIVISIONS. WHEREAS, pursuant to KMC 23.20.020, the City’s job classification plan must be revised as changing positions require it based on the City Manager’s recommendation and City Council’s approval; and, WHEREAS, these revisions may involve adding, abolishing, consolidating, dividing, or amending existing job classifications; and, WHEREAS, Ordinance 3197-2021 established the Capital Projects Manager position within the Public Works Department at a Range 21, which was subsequently amended to a Range 22; and, WHEREAS, the Capital Projects Manager position will become vacant on October 11, 2024; and, WHEREAS, the Capital Projects Manager has been responsible for overseeing capital projects from inception to completion, with the position’s costs being reimbursed from the Capital Project Funds for the managed projects; and, WHEREAS, Human Resources worked with the Public Works Director to revise the position description to expand the role to include additional responsibilities such as procurement to better meet the City’s Public Works needs; and, WHEREAS, a review of the duties and responsibilities of the Public Works Assistant Director position has been conducted to ensure an amendment to the position classification as a Range 24 fairly reflects the compensation within the City’s classification plan and is competitive with compensation for comparable positions in other places of public employment; and, WHEREAS, the adopted FY2025 Budget did not include funds for a Public Works Assistant Director, and an increase in the General Fund is necessary to fund the position in the amount of $54,740 for the remainder of FY2025, an estimated annual cost of $72,987; and, WHEREAS, this amendment ensures that the title and range for the Public Works Assistant Director position accurately reflect its duties and responsibilities, is comparable to other positions within the City, is adequate to recruit and retain qualified candidates for the position, and is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. The Council amends the Employee Classification Plan by reclassifying the position Public Works Capital Project Manager position as follows: 400 – [CAPITAL PROJECTS MANAGER] Public Works Assistant Director Range [22]24 Section 2. That the following budget revision is authorized: General Fund: Increase Estimated Revenues – Page 85 Ordinance No. 3434-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Appropriation of Fund Balance $54,740 Increase Expenditures – Public Works Administration Salaries $34,780 Leave 535 Medicare 512 PERS 7,769 Workers Comp 74 Unemployment 177 Health/Life 10,021 Supplemental Retirement 872 $54,740 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: September 4, 2024 Enacted: September 18, 2024 Effective: September 18, 2024 Page 86 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: August 26, 2024 SUBJECT: Ordinance 3434-2024 - An Ordinance Amending The Employee Classification Plan By Reclassifying The Capital Projects Manager To A Public Works Assistant Director And Increasing General Fund Estimated Revenues And Appropriations To Reflect The Position’s Support Of Public Works Divisions This Ordinance proposes an amendment to the City’s Employee Classification Plan, specifically reclassifying the Capital Projects Manager position within the Public Works Department. The amendment includes changes to the job title, responsibilities, pay range, and budget appropriations. The current position, classified as “Capital Projects Manager,” was established by Ordinance 3197-2021 to assist the Public Works Director in managing capital projects from inception to completion. The incumbent in this role has announced their retirement, effective October 11, 2024. As part of a recent Public Works Organizational Structure Assessment, it was determined that the role could be expanded to better support the Public Works Department. The revised position, now proposed as “Public Works Assistant Director,” would include additional responsibilities such as procurement and staff supervision. This reclassification would allow the Public Works Director to focus more on core duties and community engagement. The position title would be changed from “Capital Projects Manager” to “Public Works Assistant Director,” with an adjustment to the pay range from 22 to 24, ensuring it remains competitive with similar roles across Alaska. Funding for this position will continue to come from Capital Project Funds; however, it is estimated that only 50% of the position’s cost will be reimbursed, with the remaining 50% covered by the general fund, compared to the previous 100% allocation to capital projects. This change is intended to enhance the efficiency and effectiveness of the Public Works Department, ultimately benefiting the City. Your consideration is appreciated. Page 87 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3435-2024 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE SECTION 23.55.030 (b) – QUALIFICATION PAY, TO INCLUDE QUALIFICATION PAY FOR A PUBLIC WORKS ASSISTANT DIRECTOR HOLDING A PROFESSIONAL ENGINEER LICENSE. WHEREAS, the Public Works Director position initially required registration as a Civil Engineer until 1978, when the City hired an Assistant Engineer, which was reclassified to a City Engineer in 1981; and, WHEREAS, as part of a reorganization to increase efficiency in the Public Works Department, the positions of Public Works Director and City Engineer were reclassified into two Public Works Manager positions in 1998 and further consolidated into a single Public Works Director position without a civil engineer requirement in 2008; and, WHEREAS, the City of Kenai recognizes the significant value, cost-savings, and specialized expertise that a Professional Engineer (PE) license brings to the Public Works Department; and, WHEREAS, the City of Kenai is committed to attracting and retaining a highly qualified individual for the position of Public Works Assistant Director, particularly those who hold a PE license; and, WHEREAS, the adopted FY2025 Budget did not include funds for qualification pay for a professional engineer license, and an increase in the General Fund is necessary to provide for the cost of this qualification pay in the amount of $2,256 for the remainder of FY2025, an estimated annual cost of $3000; and, WHEREAS, it is in the best interest of the City of Kenai to provide additional compensation for employees who meet this higher level of professional qualification, thereby enhancing the overall effectiveness of the Public Works Department. NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 23.55.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 23.55.030 (b), Qualification Pay, is hereby amended as follows: 23.55.030 Qualification Pay. (a) In recognition of professional development, personal time, and effort of the individual to achieve same, the following annual recognition entitlement is authorized, payable on a pro rata monthly basis. (b) This recognition entitlement, except senior officer pay, investigator pay, certified municipal clerk pay, public works assistant director pay, and driver/operator pay, is not considered when calculating hourly rates for annual leave or holiday pay. (1) Police Department. (i) Certification in accordance with State of Alaska Certification Standards as follows: Page 88 Ordinance No. 3435-2024 Page 2 of 4 New Text Underlined; [DELETED TEXT BRACKETED] Intermediate Certification An additional 2.25% of Step A of the Police Officer range. Eligible grades are Police Officer and Police Sergeant. Advanced Certification An additional 3.75% of Step A of the Police Officer range. Eligible grades are Police Officer, Police Sergeant, Police Lieutenant, and Police Chief. (ii) Recognition Pay for Qualified Senior Officers. Senior officer pay is for police officers who have completed five (5) years of service with the City of Kenai subject to an overall evaluation rating of “Meets Expectations” or better, as follows: An additional five percent (5%) of the employee’s current range and step. (iii) Recognition pay for qualified field training officer personnel for officers temporarily assigned field training officer duties for eligible shifts only as follows: Five percent (5%) increase of the employee’s current range and step. (iv) Recognition pay for qualified “investigator” personnel for temporary assignment as an investigator when the assignment is the employee’s primary assignment and the assignment has been approved by the City Manager or designee as follows: Five percent (5%) increase of the employee’s current range and step. (v) Recognition pay for qualified Public Safety Dispatcher personnel for employees temporarily assigned dispatcher training duties for eligible shifts only as follows: An additional five percent (5%) of the employee’s current range and step. (2) Fire Department. (i) Recognition entitlement for an associate degree in fire science is four hundred eighty dollars ($480.00) per year. Eligible grades are fire fighter, engineer, and captain. (ii) Recognition entitlements for EMT certification for eligible grades of fire fighter, engineer, captain, Fire Marshal, Deputy Fire Chief, and Fire Chief are as follows: EMT/EMS Instructor An additional one-half percent (0.5%) of Step A of the Fire Fighter range. EMT III / Advanced Emergency Medical Technician (AEMT) An additional two and one-quarter percent (2.25%) of Step A of the Fire Fighter range. Paramedic An additional five percent (5%) of the employee’s current range and step (included AEMT pay). (iii) Recognition entitlements for driver/operator qualified personnel for eligible grades of fire fighter are as follows: Driver/Operator Qualified An additional 5% of the employee’s current range and step. (3) Water and Sewer Utility. Certification in accordance with the State of Alaska Certification Standards. W & S II $300/year W & S III $480/year (4) City Clerk’s Office. Certification in accordance with International Institute of Municipal Clerks. Page 89 Ordinance No. 3435-2024 Page 3 of 4 New Text Underlined; [DELETED TEXT BRACKETED] Certified Municipal Clerk 2.5% of the employee’s base pay (5) Building Plans Examiner. Recognition pay for certification in accordance with the International Code Council as a Building Plans Examiner beyond the basic requirements of the employee’s position, which provides substantial cost savings or additional benefit to the City, upon recommendation by the department head and approval of the City Manager as follows: An additional two and one-quarter percent (2.25%) of Step A of the employee’s current range and step. (6) Public Works Assistant Director. Recognition pay for holding a license in accordance with the State of Alaska Professional Engineer (PE) license beyond the basic requirements of the employee’s position, which provides substantial benefit to the City, upon recommendation by the department head and approval of the City Manager as follows: An additional five percent (5%) of the employee’s current range and step. Section 2. That the following budget revision is authorized: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $2,256 Increase Expenditures – Public Works Administration Salaries $1,740 Medicare 25 PERS 383 Supplemental Retirement 108 $2,256 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Page 90 Ordinance No. 3435-2024 Page 4 of 4 New Text Underlined; [DELETED TEXT BRACKETED] Introduced: September 4, 2024 Enacted: September 18, 2024 Effective: October 18, 2024 Page 91 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: August 26, 2024 SUBJECT: Ordinance 3435-2024 - An Ordinance Amending Kenai Municipal Code Section 23.55.030 (B) – Qualification Pay, To Include Qualification Pay For A Public Works Assistant Director Holding A Professional Engineer License This Ordinance proposes an amendment to Kenai Municipal Code Section 23.55.030(b) to include qualification pay for the Public Works Assistant Director position when held by an individual with a Professional Engineer (PE) license. Historically, the City of Kenai has recognized the importance of engineering expertise within the Public Works Department. The Public Works Director position initially required registration as a Civil Engineer until organizational changes in 1978, followed by further restructuring in 1998 and 2008. These changes consolidated the roles into a single Public Works Director position, removing the civil engineering requirement. The City recognizes the significant value, cost-savings, and specialized expertise that a PE license brings to the Public Works Department. The addition of qualification pay for a PE license aims to attract and retain highly qualified candidates for the Public Works Assistant Director role, thereby enhancing the department’s efficiency and effectiveness. The adopted FY2025 Budget did not allocate funds for this qualification pay. Therefore, an increase in the General Fund is required to cover the additional cost, estimated at $2,256 for the remainder of FY2025 with an estimated annual cost of $3,000. This ordinance supports the City’s commitment to maintaining a high level of expertise in its Public Works Department by offering additional compensation for a PE license. This incentive aligns with the City’s broader goals of effective public service and professional development. Your consideration is appreciated. Page 92 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3436-2024 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND LANDS ADMINISTRATION DEPARTMENT FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE SALE OF CITY-OWNED LAND, DETERMINING ELEVEN CITY-OWNED PROPERTIES ARE NOT NEEDED FOR A PUBLIC PURPOSE, AUTHORIZING THE CITY MANAGER TO DISPOSE OF PROPERTIES BY PUBLIC OUTCRY AUCTION, APPROVING THE TERMS OF FINANCING TO BE OFFERED ON THE SALE, AND DESIGNATING THOSE PARCELS AS ELIGIBLE FOR A 25% VETERANS DISCOUNT. WHEREAS, the Administration has identified eleven City-owned properties intended for residential use for public sale having access to improved streets, water and sewer utility access or of adequate size for onsite water and wastewater systems, a residential zoning designation, and a recommendation for disposal in the City’s Land Management Plan; and, WHEREAS, the identified properties are: 1. KPB Parcel 06361018, Lot 3, Block 2, Salty Dog Heights Subdivision Part 1 2. KPB Parcel 04521047, Lot 6, Doyle Subdivision 3. KPB Parcel 04513025, Lot 2, Bloc 1, Kaknu Korners Subdivision 4. KPB Parcel 04317003, Government Lot 128 T6N R11W Sec 31 5. KPB Parcel 04310039, Lot 1, Block 3, Evergreen Subdivision Kim Addition 6. KPB Parcel 03910109, Lot 2, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 7. KPB Parcel 03910111, Lot 4, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 8. KPB Parcel 03910112, Lot 5, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 9. KPB Parcel 03906309, Lot 9, Block 11, Carl F. Ahlstrom Subdivision 10. KPB Parcel 03906310, Lot 10, Block 11, Carl F. Ahlstrom Subdivision 11. KPB Parcel 03906311, Lot 11, Block 11, Carl F. Ahlstrom Subdivision; and, WHEREAS, these properties are not needed for a public purpose; and, WHEREAS, sale by public outcry auction is an authorized method of sale pursuant to KMC 22.05.095 (b) (2) (i) and has proven to be a successful method by other local governments; and, WHEREAS, establishing the minimum bid for parcels at the current Kenai Peninsula Borough tax assessment is reasonable and appropriate for a public outcry auction; and, WHEREAS, the Lands Administration Department’s FY2025 Budget did not include funds for professional services related to the sale of City owned land that are estimated at $27,250; and, WHEREAS, to expedite and facilitate the sale, the City Manager is authorized to accept terms for sales and may accept a note secured by a deed of trust for a portion of the purchase price; and, WHEREAS, accepting a note secured by a deed of trust for a portion of the purchase price with reasonable terms requiring a 15% down payment, a fixed interest rate of prime plus 2%, and a maximum term of 10 years are reasonable terms in order to expedite and facilitate the sale of City lands; and, Page 93 Ordinance No. 3436-2024 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, KMC 22.05.095 (d) allows an eligible veteran to a discount of 25% off the purchase price of certain City-owned land intended for the principal use as a single-family dwelling when the land is designated as eligible for the City’s veterans discount prior to sale; and, WHEREAS, as all parcels are zoned with a residential designation, designating as eligible for the City’s veterans discount is appropriate; and, WHEREAS, the sale of these properties by public outcry auction, with financing terms to expedite and facilitate the sale of City lands and designating the parcels as eligible for the City’s veteran’s discount will encourage residential development and is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Form: This is a non-code ordinance. Section 2. That the Council determines that the following properties are no longer needed for a public purpose and are available for sale: 1. KPB Parcel 06361018, Lot 3, Block 2, Salty Dog Heights Subdivision Part 1 2. KPB Parcel 04521047, Lot 6, Doyle Subdivision 3. KPB Parcel 04513025, Lot 2, Bloc 1, Kaknu Korners Subdivision 4. KPB Parcel 04317003, Government Lot 128 T6N R11W Sec 31 5. KPB Parcel 04310039, Lot 1, Block 3, Evergreen Subdivision Kim Addition 6. KPB Parcel 03910109, Lot 2, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 7. KPB Parcel 03910111, Lot 4, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 8. KPB Parcel 03910112, Lot 5, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 9. KPB Parcel 03906309, Lot 9, Block 11, Carl F. Ahlstrom Subdivision 10. KPB Parcel 03906310, Lot 10, Block 11, Carl F. Ahlstrom Subdivision 11. KPB Parcel 03906311, Lot 11, Block 11, Carl F. Ahlstrom Subdivision; and, Section 3. Council authorizes these properties to be sold by public outcry auction to the highest bidder and that the established minimum bid for the parcels will be the current Kenai Peninsula Borough assessed value. Section 4. In order to expedite and facilitate the sale of City-owned lands, the Council authorizes the acceptance of a note secured by a deed of trust for a portion of the purchase price requiring a minimum down payment of 15% of the purchase price, at a fixed interest rate of prime plus 2%, for a maximum term of 10 years, and requiring the buyer to pay all closing costs. Section 5. In recognition of their service to the country, the Council designates these parcels as eligible for the City’s veteran’s discount which provides a 25% discount off the purchase price. Section 6. That estimated revenues and appropriations be increased as follows: General Fund: Increase estimated revenues – Appropriation of Fund Balance $27,250 Increase expenditures – Land Administration – Professional Services $27,250 Section 7. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in Page 94 Ordinance No. 3436-2024 Page 3 of 3 New Text Underlined; [DELETED TEXT BRACKETED] which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 8. Effective Date: That pursuant to KMC 1.15.070(f), section 6 of this ordinance shall take effect immediately upon enactment and the remaining sections shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: September 4, 2024 Enacted: September 18, 2024 Effective: September 18 & October 18, 2024 Page 95 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: August 26, 2024 SUBJECT: Ordinance No. 3436-2024 - An Ordinance Increasing Estimated Revenues And Appropriations In The General Fund Lands Administration Department For Professional Services Associated With The Sale Of City-Owned Land, Determining Eleven City-Owned Properties Are Not Needed For A Public Purpose, Authorizing The City Manager To Dispose Of Properties By Public Outcry Auction, Approving The Terms Of Financing To Be Offered On The Sale, And Designating Those Parcels As Eligible For A 25% Veterans Discount This memorandum supports the proposed Ordinance for the sale of eleven City-owned properties, the establishment of the sale method and terms, and the designation of these properties as eligible for a veteran’s discount. The goal is to effectively manage City land resources and encourage residential development. The Administration has identified eleven City-owned parcels suitable for sale for residential development based on their location, utility access, and residential zoning. These parcels, listed below and on the attached map, are intended for the principal use as a single-family dwelling, not restricted in use or sale, have road access, have been identified as not needed for a public purpose, and are recommended for disposal in the City’s Land Management Plan: 1. KPB Parcel 06361018, Lot 3, Block 2, Salty Dog Heights Subdivision Part 1 2. KPB Parcel 04521047, Lot 6, Doyle Subdivision 3. KPB Parcel 04513025, Lot 2, Block 1, Kaknu Korners Subdivision 4. KPB Parcel 04317003, Government Lot 128 T6N R11W Sec 31 5. KPB Parcel 04310039, Lot 1, Block 3, Evergreen Subdivision Kim Addition 6. KPB Parcel 03910109, Lot 2, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 7. KPB Parcel 03910111, Lot 4, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 8. KPB Parcel 03910112, Lot 5, Block 7, Mommsen’s Subdivision Replat Addition No. 1 & 2 9. KPB Parcel 03906309, Lot 9, Block 11, Carl F. Ahlstrom Subdivision 10. KPB Parcel 03906310, Lot 10, Block 11, Carl F. Ahlstrom Subdivision 11. KPB Parcel 03906311, Lot 11, Block 11, Carl F. Ahlstrom Subdivision The Ordinance outlines the following framework for the sale process, financing terms, and eligibility for a veteran’s discount: Page 96 Page 2 of 2 1. Sale Method and Terms: The ordinance authorizes the sale of these parcels through a public outcry auction, which is a proven method for ensuring competitive pricing and transparency. The minimum bid for each parcel will be set at the current Kenai Peninsula Borough tax assessment value, ensuring a reasonable minimum bid and maximum potential for higher bidding at a public outcry auction. 2. Financing Terms: To facilitate the sale and broaden buyer interest, the ordinance allows the City Manager to accept terms for sales, including notes secured by deeds of trust. Proposed terms include a 15% down payment, a fixed interest rate of prime plus 2%, and a maximum term of 10 years. These terms are designed to balance buyer accessibility with financial prudence. 3. Professional Services Funding: The ordinance provides for professional auction services estimated at $27,250 required for the sale process. Since these funds were not included in the FY2025 Budget, the ordinance increases the General Fund to cover costs. The scope of services would include conducting a live-online simulcast auction, online and print advertising, property postings, marketing, MLS listings, and documentation. 4. Veterans Discount: The ordinance designates these parcels as eligible for the City’s veterans discount pursuant to KMC 22.05.095 (d). This policy supports veterans and encourages residential development on these parcels. The City’s last General Fund land sale, conducted as a sealed bid auction in 2007, included several of the above-listed properties, none of which received bids. The proposed ordinance outlines a more effective and efficient approach that adheres to the sale methods outlined in the City Lands Code. By authorizing the sale of these parcels, setting clear sale terms, and providing necessary professional services, the City will promote residential development, facilitate the successful disposal of surplus land, support community development, and uphold its commitment to supporting veterans. Your consideration is appreciated. Page 97 . -Authorization for Sale of City-Owned Parcels 0 3.5 7 mi NOTE: 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 data 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 indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. Transportation Roads = Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained = Low / Seasonal - • Legal Trail -Private =State Hwy Platted / Proposed 8/28/2024 8:31 :25 AM Page 98 Authorization for Sale of City-Owned Parcels Legend Transportation Mileposts Roads Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained Low / Seasonal Legal Trail Private State Hwy Platted / Proposed Parcels and PLSS Tax Parcels 0 1000 2000 ft NOTE: 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 data 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 indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 8/28/2024 8:19:25 AM Page 99 Authorization for Sale of City-Owned Parcels Legend Transportation Mileposts Roads Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained Low / Seasonal Legal Trail Private State Hwy Platted / Proposed Parcels and PLSS Tax Parcels 0 500 1000 ft NOTE: 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 data 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 indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 8/28/2024 8:21:06 AM Page 100 Authorization for Sale of City-Owned Parcels Legend Transportation Mileposts Roads Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained Low / Seasonal Legal Trail Private State Hwy Platted / Proposed Parcels and PLSS Tax Parcels 0 1000 2000 ft NOTE: 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 data 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 indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 8/28/2024 8:18:31 AM Page 101 Authorization for Sale of City-Owned Parcels Legend Transportation Mileposts Roads Medium Collector Medium Volume - Unmaintained Medium Volume - Maintained Low / Seasonal Legal Trail Private State Hwy Platted / Proposed Parcels and PLSS Tax Parcels 0 450 900 ft NOTE: 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 data 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 indemnify, defend, and hold harmless Kenai Peninsula Borough for any and all liability of any nature arising from the lack of accuracy or correctness of the data, or use of the data. 8/28/2024 8:17:01 AM Page 102 Sponsored by: City Clerk New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3437-2024 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE TO REVISE REQUIREMENTS RELATED TO PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION TO ADDRESS PUBLICATION REQUIREMENTS WHICH CANNOT BE MET DUE TO THE NEWSPAPER PUBLICATIONS BEING REDUCED TO ONE DAY A WEEK. WHEREAS, various sections of Kenai Municipal Code (KMC) require noticing by publication in a newspaper of general circulation; and, WHEREAS, when these requirements were codified the local newspaper of general circulation was published multiple days a week; and, WHEREAS, throughout the years the local newspaper has reduced the number of days a week they publish, the most recent reduction was from two days a week to only one day a week; and, WHEREAS, amendments to KMC are needed to address publication requirements that cannot be met with a one day a week publication of the newspaper of general circulation in our community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 1.10.060 of Kenai Municipal Code: That Kenai Municipal Code, Section 1.10.060 - Agencies, Officers and Employees - The Council - Calling Special Meetings, paragraph (c) is hereby amended as follows: (c) For the purpose of giving notice of a special meeting, reasonable public notice is given if a statement containing the date, time, and place of the meeting, along with the expected subject(s) of discussion, is [PUBLISHED] noticed not less than three [(3)] days before the time of the meeting by posting the statement in a minimum of three [(3)] public places within the City, one of which places shall be the official bulletin board of the City at City Hall. [A COPY OF T]The notice of the special meeting [SHALL] will also be [PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY AND BE] posted to the City’s website. The specific public notice requirements shall not be jurisdictional to the holding of any such meeting at which the Council has determined that circumstances exist to justify calling a special meeting on an emergency basis. Section 2. Amendment of Section 14.05.015 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.05.015 - Planning and Zoning - Planning and Zoning Commission - Appointment to Planning and Zoning Commission, paragraph (a)(2) is hereby amended as follows: (a) Public Notice—Application. (1) Whenever a term of a Commission member is to expire, and whenever a vacancy on the Commission occurs, the City Clerk shall notify the Council and advertise the notice of vacancy and request for applications, along with the deadline for filing an application. The application deadline shall be the same deadline as the Council observes for timely submissions to the City Clerk for inclusion of materials in the City Council meeting packet (as set by the policies and Page 103 Ordinance No. 3437-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] procedures of the Council) for the meeting at which the nomination for appointment is on the Council agenda. (2) The Clerk [SHALL]will advertise the notice at least [TWO (2) TIMES A WEEK FOR ONE (1) WEEK BY PUBLICATION]once in a newspaper of general circulation of the City, if one is published in the City; and by posting on the City’s website, and [BY POSTING] in at least three [(3)] other public places in the City, one [(1)] of which [SHALL] will be the official bulletin board of the City at City Hall. The [LAST DATE OF] newspaper publication [SHALL] will occur [BE] not [LATER] less than seven (7) days before [NOMINATION FOR APPOINTMENT BY THE MAYOR AT A COUNCIL MEETING]the application deadline. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF SEPTEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: September 4, 2024 Enacted: September 18, 2024 Effective: October 18, 2024 Page 104 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: August 26, 2024 SUBJECT: Ordinance No. 3437-2024 - Amending Kenai Municipal Code to Revise Requirements Related to Publication in a Newspaper of General Circulation to Address Publication Requirements Which Cannot be Met Due to the Newspaper Publications Being Reduced to One Day a Week. Kenai Municipal Code publications requirements related to newspaper of general circulation were established when the community had a newspaper which was published multiple days of the week. Throughout the years the number of days a week the local newspaper published has been reduced, with the latest reduction being from two days a week to one day a week. Certain portions of municipal code cannot be met when there is only one publication day per week. The following identifies changes as proposed in the ordinance: • Section 1: Currently as written code requires notice of Special Meeting be published in a newspaper of general circulation, which restricts when the Council may hold a special meeting to the newspaper deadline for the once weekly publication. The proposed amendment would remove the newspaper requirement. Meetings are posted on the City website, once posted notice is sent by email to the subscription list for Council and the meeting is also noticed on the City Facebook page. • Section 2: Currently as written code requires notice of vacancy for a Planning Commission seat to be published two times a week for one week. With the paper only publishing once a week this cannot be met, the proposed amendment will reduce the publication requirement to one time. Page 105 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: August 29, 2024 SUBJECT: Action/Approval – Memorandum of Understanding Between the Kenaitze Indian Tribe and the City of Kenai This memorandum supports the Memorandum of Understanding (MOU) between the Kenaitze Indian Tribe and the City of Kenai for projects to enhance aquatic organism passage in our local waterways, including improving fish passage in Cemetery Creek. The City of Kenai, in partnership with the U.S. Fish and Wildlife Service and the Kenaitze Indian Tribe, plans to replace an existing culvert under a City water main with a fish passage culvert in Cemetery Creek. Identified as a vital rearing habitat for coho and chinook salmon smolt by the U.S. Fish and Wildlife Service, Cemetery Creek is crucial for smolt from upriver before they migrate to the ocean. The current culvert obstructs smolt passage during certain water flow conditions, and replacing it with a fish passage culvert will enhance fish passage. This collaborative effort involves the U.S. Fish and Wildlife Service providing technical direction and funding, the City handling design and construction management, and the Kenaitze Indian Tribe securing federal funding. To date, the project has received $9,838 from the Kenai Silver Salmon Derby proceeds, managed by the Kenai Community Foundation, and an additional $25,000 from the U.S. Fish and Wildlife Service for preliminary design and cost estimation. The Kenaitze Indian tribe has identified a federal funding opportunity for the remaining design and construction of the Cemetery Creek Culvert Replacement Project which has a grant deadline of September 25th. The Kenaitze Indian Tribe and the City share a commitment to restoring and maintaining our aquatic ecosystems. This partnership strengthens our ability to secure grants and funding, ensuring the successful completion of projects like the Cemetery Creek culvert. Your approval will authorize the City Manager to sign the MOU on behalf of the City. Your consideration is greatly appreciated. Page 106 Page 1 of 3 MEMORANDUM OF UNDERSTANDING between the Kenaitze Indian Tribe and the City of Kenai THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by the Kenaitze Indian Tribe (Kenaitze or “the Tribe”) and City of Kenai (“the City”), referred to as “Party” or collectively “the Parties.” WHEREAS, the purpose of this MOU is to document the existing service relationship, roles, and responsibilities for projects to enhance aquatic organism passage within the Kenaitze service area, which comprises the communities of Kenai, Soldotna, Sterling, Nikiski, Ridgeway, Kalifornsky, Cooper Landing, Funny River, and Kasilof; and WHEREAS, Kenaitze is a Federally recognized Indian tribe, serving 2,023 Tribal Members and approximately 4,740 Alaska Native/American Indian (AN/AI) and other community members who reside within the Tribe’s service area; and WHEREAS, the Tribe’s service area spreads across more than 15,000 square miles of rural Alaska and contains nearly 35,000 people, most of whom are non-Native; and WHEREAS, the Tribe’s headquarters, administration, and service offices are all located in Kenai, Alaska, close to the ancestral fishing grounds of the Kahtnuht’ana Dena’ina (Kenaitze) people where the Kenai River empties into Cook Inlet; and WHEREAS, the City of Kenai provides road, water, and sewer utility services to residents and structures located within City limits, an area of approximately 35 square miles that includes 3 miles extending into the waters of Cook Inlet; and WHEREAS, the City of Kenai borders the City of Soldotna to the east, the unincorporated area of Kalifornsky to the south, and the community of Nikiski to the west in the central Kenai Peninsula Borough (KPB), where tourism and seasonal workers increase this population to nearly 100,000 people in summer months; and WHEREAS, the City maintains approximately 62 miles of roads and more than 70 miles of water distribution and sewer collection lines, many of which utilize culverts to cross creeks and streams; and WHEREAS, both the Tribe and the City have observed that the aquatic organism passages intended to enable anadromous fish and other species types to return to inland streams and other freshwater tributaries to spawn, hatch, and mature have over time become obstructed, and would benefit from efforts to remove these obstructions to restore these organisms’ mobility along these waterways, such as at Cemetery Creek; and, WHEREAS, because of the overlapping jurisdictions across the Tribe’s service area, the most effective approach to improving the aquatic organism passage in local streams is to document and support the efforts of the overlapping jurisdictions, such as the City of Page 107 Page 2 of 3 Kenai, rather than duplicate the efforts already in place by creating a parallel system operated by Kenaitze; and NOW THEREFORE, the Parties do mutually agree to pursue future grants and other funding sources that could be utilized to support and complete aquatic organism passage enhancement projects within the Tribe’s service area for the benefit of Tribal Members, AN/AI, and other residents of the central KPB communities of Kenai, Soldotna, Sterling, Nikiski, Ridgeway, Kalifornsky, Funny River, and Kasilof. The Parties also agree to the following: I. Roles, Responsibilities, and Resources A. Role of Kenaitze — The Tribe is responsible for the following: 1. Assist the City in locating and applying for grants and/or other funding opportunities to enhance aquatic organism passage in local creeks and waterways within the City of Kenai; and, 2. Partner with the City of Kenai on grants and/or other funding proposals where an Indian tribal government serving as the lead applicant presents competitive advantages for securing an award; and, 3. Develop a subaward agreement that enables the Tribe to pass any/all award funds through to the City who will advance grant-funded activities that include, but are not limited to, soliciting prospective vendors per their Federally aligned procurement process, policies, and procedures. B. Role of City of Kenai — The City is responsible for the following: 1. Provide Kenaitze with technical assistance, construction oversight, and/or any other applicable services needed to approve and/or implement aquatic organism passage enhancement projects in local creeks and waterways within the City of Kenai; and 4. Partner with Kenaitze on grants and/or other funding proposals where an Indian tribal government serving as the lead applicant presents competitive advantages for securing an award; and, 2. Enter into a subaward agreement that enables the Tribe to pass any/all award funds through to the City who will advance grant-funded activities that include, but are not limited to, soliciting prospective vendors per their Federally aligned procurement process, policies, and procedures. The Parties acknowledge that aquatic organism passage enhancement projects to Tribal lands and facilities located outside of City limits will be serviced by KPB and the other incorporated cities within the Kenaitze service area per existing agreements. II. Administration 1. Amendment: The procedures, terms, and conditions of this MOU may be modified at any time by joint written consent of the Parties. 2. Termination: Any Party may terminate this Agreement at any time by giving written notice to the other Parties not less than thirty (30) days in advance of the effective date of termination. Page 108 Page 3 of 3 If any Party proposes termination of this Agreement, the Party proposing termination will consult with the other Parties to seek alternatives to termination. Should such consultation result in an agreement on an alternative to termination, the Parties will proceed in accordance with that agreement. 3. Duration: This MOU shall remain in effect for a period of five (5) years after the date it takes effect unless it is terminated prior to that time. This Agreement becomes effective when the authorizing Parties sign the Agreement. III. Principal Contacts The principal contacts for this MOU follow: Kenaitze Indian Tribe Rudy Wilson, Interim Executive Director P.O. Box 988 Kenai, Alaska 99611 907-335-7200 City of Kenai Terry Eubank, City Manager 210 Fidalgo St Kenai, Alaska 99611 907-283-8222 Kenaitze Indian Tribe and the City of Kenai, the authorizing signer on behalf of the City of Kenai Public Works Department, voluntarily enter into this Agreement by affixing their respective signatures here on the dates set forth below. __________________________________________________ __________________ Rudy Wilson, Interim Executive Director Date Kenaitze Indian Tribe __________________________________________________ __________________ Terry Eubank, Manager Date City of Kenai Page 109 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: August 28, 2024 SUBJECT: Appeal to the Board of Adjustment - Appeal of a Planning and Zoning Commission Action Denying an Application of a Variance Permit for a Marijuana Retail Store to be Located at 11888 Kenai Spur Hwy., #3, Kenai, Alaska. An application to appeal the above-referenced matter was received on August 28, 2024. KMC 14.20.290(f)(1), "Appeals - Board of Adjustment" in part provides: • The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within 45-days of the filing of the appeal; the Board of Adjustment may for good cause hold the hearing up to 60-days after the filing of the appeal. • Should the 45th day fall on a weekend or municipal holiday, the hearing may be scheduled for the next following weekday, which is not a municipal holiday. • Notice of time and place of hearing shall be mailed to all parties interested and to all property owners within 300-feet of the property involved at least 15-days prior to the hearing. The following information is provided to help in setting a Board of Adjustment hearing date: • To Comply with the 15-day prior noticing requirements, the soonest a hearing could be scheduled would be Monday, September 23, 2024, with notices being sent on Friday, September 6, 2024. • Forty-Five Day End Date: Saturday, October 12, 2024 per KMC 14.20.290(f)(1) extends to Monday, October 14, 2024. Meetings within the 45-days: Wednesday, October 2, 2024. Note: October 2, 2024 is the day immediately following the local municipal election. • Sixty-Day End Date: Sunday, October 27, 2024 (KMC 14.20.290(f)(1) establishes the Board for good cause may hold the hearing up to 60-days after the filing of the appeal.) Meetings within the 60-days: Wednesday, October 16, 2024 Note: Absentee In-Person Voting will be taking place in the lobby outside of Council Chambers September 16, 2024 through October 2, 2024. Page 110 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: August 28, 2024 SUBJECT: Appeal to the Board of Adjustment - Appeal of a Planning and Zoning Commission Action Denying an Application for a Conditional Use Permit to Troy and Sandra Mill House to Operate a Retail Marijuana Store Located at 11888 Kenai Spur Hwy., #3, Kenai, Alaska. An application to appeal the above-referenced matter was received on August 28, 2024. KMC 14.20.290(f)(1), "Appeals - Board of Adjustment" in part provides: • The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within 45-days of the filing of the appeal; the Board of Adjustment may for good cause hold the hearing up to 60-days after the filing of the appeal. • Should the 45th day fall on a weekend or municipal holiday, the hearing may be scheduled for the next following weekday, which is not a municipal holiday. • Notice of time and place of hearing shall be mailed to all parties interested and to all property owners within 300-feet of the property involved at least 15-days prior to the hearing. The following information is provided to help in setting a Board of Adjustment hearing date: • To Comply with the 15-day prior noticing requirements, the soonest a hearing could be scheduled would be Monday, September 23, 2024, with notices being sent on Friday, September 6, 2024. • Forty-Five Day End Date: Saturday, October 12, 2024 per KMC 14.20.290(f)(1) extends to Monday, October 14, 2024. Meetings within the 45-days: Wednesday, October 2, 2024. Note: October 2, 2024 is the day immediately following the local municipal election. • Sixty-Day End Date: Sunday, October 27, 2024 (KMC 14.20.290(f)(1) establishes the Board for good cause may hold the hearing up to 60-days after the filing of the appeal.) Meetings within the 60-days: Wednesday, October 16, 2024 Note: Absentee In-Person Voting will be taking place in the lobby outside of Council Chambers September 16, 2024 through October 2, 2024. Page 111 PROCLAMATION WHEREAS, hunger and poverty are issues of grave concern in the United States, the State of Alaska, and the City of Kenai; and, WHEREAS, the City of Kenai of is committed to taking steps to raise awareness about the need to combat hunger in Kenai and to provide additional resources that citizens of Kenai need; and, WHEREAS, the City of Kenai, Alaska is committed to working with the Kenai Peninsula Food Bank in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and, WHEREAS, more than 23,800 individuals on the Kenai Peninsula rely on food provided by the members of the Kenai Peninsula Food Bank annually; and, WHEREAS, Kenai Peninsula Food Bank distributed more than a million pounds of food in 2023 through its network of food pantries, soup kitchens, shelters and other community organizations; and, WHEREAS, the Kenai Peninsula Food Bank will launch a campaign in the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in our local community. NOW, THEREFORE, I, BRIAN GABRIEL, SR., MAYOR OF THE CITY OF KENAI, ALASKA, hereby recognize September 2024 as: “Hunger Action Month” in the City of Kenai and encourage all citizens to dedicate themselves to learning about how to reduce food insecurity; and further encourage everyone to support food security programs in our community, including the Kenai Peninsula Food Bank. DATED: This 4th day of September, 2024. ____________________________________________________ Brian Gabriel, Sr., Mayor ATTEST: ___________________________________________________ Michelle M. Saner, MMC, City Clerk Page 112 SEPTEMBER 4, 2024 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to Item H.15. Discussion - Scheduling Board of Adjustment Appeal Hearings •Appellant Scheduling Request City Clerk 2 •September & October Calendars City Clerk 3 1 From:Richard Moses To:City Clerk Cc:Meghan Thibodeau; Scott Bloom Subject:MIllhouse Appeal to the Board of Adjustment (our file 8592-35214) Date:Wednesday, September 4, 2024 10:33:58 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To whom it may concern: My client and I are both available for a hearing any day between October 7 and October 25. Unfortunately, my client will be unable to attend a hearing between September 23 and October 6 due to pre-planned travel. My client is willing to stipulate that good cause exists under the KMC to extend the hearing past 45 days and up to 60 days in order to accommodate her aforementioned travel. Sincerely, Richard R. Moses Attorney Holmes Weddle & Barcott, PC 701 W 8th Ave, Ste 700 Anchorage, AK 99501 (907) 274-0666 rmoses@hwb-law.com Disclaimer: This electronic message contains information from the law firm of Holmes Weddle & Barcott, P.C. and is confidential or privileged. The information is intended solely for the use of the individual or entity named above. If you are not the intended recipient, donot read, distribute, reproduce or otherwise disclose this transmission or any of its contents. If you have received this electronic message in error, please notify us immediately via e-mail or by telephone at (907) 274-0666 (Anchorage) or (206) 292-8008 (Seattle). 2 September 2024 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7:00 PM Planning & Zoning Meeting 26 27 28 29 30 3 October 2024 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Regular Election Day 2 Council Meeting 3 6:00 PM Parks & Recreation Meeting 4 5 6 7 8 9:00 AM - ?? Canvass Board 6:00 PM Beautification Meeting 9 7:00 PM Planning & Zoning Meeting 10 6:00 PM Airport Meeting 11 12 13 14 15 16 Council Meeting 17 18 City Holiday 19 20 21 22 23 7:00 PM Planning & Zoning Meeting 24 25 26 27 28 29 30 31 4 Kenai City Council - Regular Meeting Page 1 of 3 September 04, 2024 Kenai City Council - Regular Meeting September 04, 2024 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3430-2024 - Accepting and Appropriating a Meals on Wheels of America Grant in Partnership with DoorDash for the Kenai Senior Center Meals on Wheels Delivery Program. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3431-2024 - Increasing Estimated Revenues and Appropriations in the General Fund, Land Administration Department for the Purchase of Survey Services to Subdivide City of Kenai Parcel 04901022. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2024-41 - Adopting Joint Resolution No. 2024- 002 of the Assembly of the Kenai Peninsula Borough and the Councils of the City of Homer, Kachemak, Kenai, Seward, Seldovia, and Soldotna, Supporting the Kenai Peninsula Economic Development District’s Request that the 2026 and 2027 Cook Inlet Finfish Meetings be Held in Soldotna, Alaska to Provide Resource Stakeholders with the Opportunity to be Present at Public Discussions Affecting the Management of their Resources. (Administration) F. MINUTES 1. *Regular Meeting of August 21, 2024. (City Clerk) G. UNFINISHED BUSINESS Kenai City Council - Regular Meeting Page 2 of 3 September 04, 2024 H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. *Action/Approval - Non-Objection to Renewal of a Club Liquor License for George H. Plumley Memorial Post 20 American Legion, DBA George H. Plumley Memorial Post 20 American Legion - License No. 1380 (City Clerk) 4. *Action/Approval - Non-Objection to Renewal of a Beverage Dispensary Tourism Liquor License for Mitak LLC., DBA Main Street Tap & Grill - License No. 4555 (City Clerk) 5. *Action/Approval - Non-Objection to Renewal of a Retail Marijuana Store License for Cook Inlet Cannabis Co., DBA East Rip - License No. 13382 (City Clerk) 6. *Action/Approval - Confirming the Appointment of the October 1, 2024 Election Precinct Boards for the October 1, 2024 Regular City Election. (City Clerk) 7. *Action/Approval - Harbor Commission 2024 Work Plan. (Administration) 8. *Ordinance No. 3432-2024 - Accepting and Appropriating Funds from the Institute of Museum and Library Services, Passed Through the State of Alaska, Department of Education and Early Development, Division of Library, Archives & Museums, for Library Employee Training. (Administration) 9. *Ordinance No. 3433-2024 - Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Materials. (Administration) 10. *Ordinance No. 3434-2024 - Amending the Employee Classification Plan by Reclassifying the Capital Projects Manager to a Public Works Assistant Director and Increasing General Fund Estimated Revenues and Appropriations to Reflect the Position’s Support of Public Works Divisions. (Administration) 11. *Ordinance No. 3435-2024 - Amending Kenai Municipal Code Section 23.55.030 (b) – Qualification Pay, to Include Qualification Pay for a Public Works Assistant Director Holding a Professional Engineer License. (Administration) 12. *Ordinance No. 3436-2024 - Increasing Estimated Revenues and Appropriations in the General Fund Lands Administration Department for Professional Services Associated with the Sale of City-Owned Land, Determining Eleven City-Owned Properties are Not Needed for a Public Purpose, Authorizing the City Manager to Dispose of Properties by Public Outcry Auction, Approving the Terms of Financing to be Offered on the Sale, and Designating Those Parcels as Eligible for a 25% Veterans Discount. (Administration) 13. *Ordinance No. 3437-2024 - Amending Kenai Municipal Code to Revise Requirements Related to Publication in a Newspaper of General Circulation to Address Publication Requirements Which Cannot Be Met Due to the Newspaper Publications Being Reduced to One Day a Week. (City Clerk) 14. APPROVED UNANIMOUSLY. Action/Approval - Authorizing a Memorandum of Agreement with the Kenaitze Indian Tribe for Projects to Enhance the Aquatic Organism Passage in Our Local Waterways, Including Improving Fish Passage in Cemetery Creek. (Administration) 15. BOARD OF ADJUSTMENT MEETING SCHEDULED FOR 10/15/2024 AT 5:00 P.M. Discussion - Scheduling Board of Adjustment Appeal Hearings. (City Clerk) Kenai City Council - Regular Meeting Page 3 of 3 September 04, 2024 I. 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 1. Proclamation Declaring September 2024 as “Hunger Action Month” K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION 1. Discussion of Airport Concession Restaurant Agreement Terms a Subject which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City. [AS 44.62.310(c)(1)] a. Action/Approval: Authorizing Amendments to Kenai Municipal Airport, Restaurant Concession Agreement. 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/tZcucuCtqzgvGdW4zjnQfXYsAEdIpK9m080_