HomeMy WebLinkAbout2024-09-18 Council PacketKenai City Council - Regular Meeting Page 1 of 3
September 18, 2024
Kenai City Council - Regular Meeting
September 18, 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)
1. Samantha Springer, Kenai Chamber of Commerce & Visitor Center Executive Director, Kenai
Silver Salmon Derby Grand Prize Awards
D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
E. PUBLIC HEARINGS
1. 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)
2. Ordinance No. 3433-2024 - Accepting and Appropriating a Grant from the State of Alaska for
the Purchase of Library Materials. (Administration)
3. 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)
4. 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)
5. 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
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Kenai City Council - Regular Meeting Page 2 of 3
September 18, 2024
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)
6. 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)
F. MINUTES
1. *Regular Meeting of September 4, 2024. (City Clerk)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Issuance of a New Retail Marijuana Store License for
Shackleford Farms LLC., DBA Shackleford Farms LLC - License No. 38593 (City Clerk)
3. *Action/Approval - Confirmation of Mayoral Nomination for a Partial Term Appointment of
Zachary Rohr to the Harbor Commission. (Mayor Gabriel)
4. *Ordinance No. 3438-2024 - Accepting and Appropriating Donations from the Kenai River
Marathon Through the Kenai Community Foundation for the Installation of Bike Racks and Bike
Repair Stations. (Administration)
5. Action/Approval - Confirmation of Mayoral Nomination for a Partial Term Appointment of
Stacie Krause to the Planning & Zoning Commission. (Mayor Gabriel)
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
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
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Kenai City Council - Regular Meeting Page 3 of 3
September 18, 2024
M. EXECUTIVE SESSION
N. PENDING ITEMS
O. ADJOURNMENT
P. INFORMATION ITEMS
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Registration is required to join the meeting remotely through Zoom. Please use the following link to
register:
https://us02web.zoom.us/meeting/register/tZYkduGvrDIrE9ycdgukyx2MGCRF-2RvZz6j
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Sponsored by: Administration
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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.
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Ordinance No. 3432-2024
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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
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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.
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Sponsored by: Administration
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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:
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Ordinance No. 3433-2024
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___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: September 4, 2024
Enacted: September 18, 2024
Effective: September 18, 2024
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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.
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Sponsored by: Administration
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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 –
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Ordinance No. 3434-2024
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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
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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.
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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:
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Ordinance No. 3435-2024
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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.
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Ordinance No. 3435-2024
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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: _________________
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Ordinance No. 3435-2024
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Introduced: September 4, 2024
Enacted: September 18, 2024
Effective: October 18, 2024
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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.
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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,
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Ordinance No. 3436-2024
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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 19
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 20
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 21
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 22
. -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 23
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 24
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 25
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 26
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 27
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 28
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 29
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 30
KENAI CITY COUNCIL – REGULAR MEETING
SEPTEMBER 4, 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
September 4, 2024
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on September 4, 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:
Dave Ross, Acting City Manager
Scott Bloom, City Attorney (remote attendance)
David Swarner, Finance Director
Astrea (Red) Piersee, Senior Services Administrative Assistant
Derek Ables, Airport Manager
Shellie Saner, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the Packet:
Add to item H.15. Discussion - Scheduling Board of Adjustment Appeal Hearings
• Appellant Scheduling Request
• September and October Calendars
MOTION:
Vice Mayor Knackstedt MOVED to approve the agenda and consent agenda with the requested revisions.
Council Member Baisden SECONDED the motion.
The items on the Consent Agenda were read into the record.
Mayor Gabriel opened the floor for public comment on consent agenda items; there being no one wishing
to be heard, the public comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and
will be approved by one motion. There will be no separate discussion of these items unless a council
Page 31
City of Kenai Council Meeting Page 2 of 7
September 4, 2024
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.
[Clerk’s Note: Mayor Gabriel presented Kenai Peninsula Food Bank, Executive Director Greg Meyer and
Development Director Lilly Murray with a Proclamation declaring September 2024 as “Hunger Action
Month”.]
B. SCHEDULED ADMINISTRATIVE REPORTS - None.
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS
Samantha Springer, Executive Director of the Kenai Chamber of Commerce and Visitor Center provided
an update on the Silver Salmon Derby; the 18th Annual Kenai River Marathon; the 39th Annual Fundraiser;
the progress of the new Museum Cultural Coordinator; and noted that Silver Salmon Derby tickets could
be purchased on line this year.
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)
MOTION:
Vice Mayor Knackstedt MOVED to enact Ordinance No. 3430-2024. 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 efforts of the Senior Center staff on the grant; it was reported that DoorDash
would start delivering next week and this was a very competitive grant process.
VOTE:
YEA: Sounart, Knackstedt, Daniel, Gabriel, Askin, Douthit, Baisden
NAY: None
MOTION PASSED.
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)
MOTION:
Vice Mayor Knackstedt MOVED to enact Ordinance No. 3431-2024. Council Member Douthit
SECONDED the motion.
Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public
comment period was closed.
It was reported that this would allow subdivision of the parcel for future resource extraction.
VOTE:
YEA: Knackstedt, Daniel, Gabriel, Askin, Douthit, Baisden, Sounart
NAY: None
MOTION PASSED.
Page 32
City of Kenai Council Meeting Page 3 of 7
September 4, 2024
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)
MOTION:
Vice Mayor Knackstedt MOVED to adopt Resolution No. 2024-41. Council Member Douthit 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.
[Clerk’s Note: Mayor Gabriel disclosed that he is a Cook Inlet Set-Netter and request was to the body
that makes the management decisions for all of the Upper Cook Inlet drainages; the Resolution would
not translate in to any sort of benefit to himself and he did not see any reason to recuse himself. There
were no objections stated by Council Members to Mayor Gabriel’s participation on the resolution.]
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
F. MINUTES
1. *Regular Meeting of August 21, 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 - Purchase Orders and Purchase Order Amendments Requiring Council
Approval in Accordance with KMC 7.15.020. (Administration)
Approved by the consent agenda.
3. *Action/Approval - 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)
Approved by the consent agenda.
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)
Approved by the consent agenda.
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)
Approved by the consent agenda.
6. *Action/Approval - Confirming the Appointment of the October 1, 2024 Election Precinct Boards
for the October 1, 2024 Regular City Election. (City Clerk)
Approved by the consent agenda.
Page 33
City of Kenai Council Meeting Page 4 of 7
September 4, 2024
7. *Action/Approval - Harbor Commission 2024 Work Plan. (Administration)
Approved by the consent agenda.
8. *Ordinance No. 3432-2023 - 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)
Introduced by the consent agenda and Public Hearing set for September 18, 2024.
9. *Ordinance No. 3433-2023 - Accepting and Appropriating a Grant from the State of Alaska for
the Purchase of Library Materials. (Administration)
Introduced by the consent agenda and Public Hearing set for September 18, 2024.
10. *Ordinance No. 3434-2023 - 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)
Introduced by the consent agenda and Public Hearing set for September 18, 2024.
11. *Ordinance No. 3435-2023 - 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)
Introduced by the consent agenda and Public Hearing set for September 18, 2024.
12. *Ordinance No. 3436-2023 - 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)
Introduced by the consent agenda and Public Hearing set for September 18, 2024.
13. *Ordinance No. 3437-2023 - 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)
Introduced by the consent agenda and Public Hearing set for September 18, 2024.
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)
MOTION:
Vice Mayor Knackstedt MOVED to authorize the Memorandum of Agreement with Kenaitze Indian Tribe.
Council Member Douthit SECONDED the motion.
UNANIMOUS CONSENT was requested on the motion.
VOTE: There being no objection; SO ORDERED.
15. Discussion - Scheduling Board of Adjustment Appeal Hearings. (City Clerk)
The Board of Adjustment Appeal Hearings were scheduled for Tuesday, October 15, 2024 at 5:00 p.m.
Page 34
City of Kenai Council Meeting Page 5 of 7
September 4, 2024
I. COMMISSION / COMMITTEE REPORTS
1. Council on Aging Commission
No report, next meeting September 12, 2024.
2. Airport Commission
No report, next meeting September 12, 2024
3. Harbor Commission
No report, September 9, 2024 meeting cancelled.
4. Parks and Recreation Commission
No report, work session schedule for September 5, 2024.
5. Planning and Zoning Commission
No report, next meeting September 11, 2024.
6. Beautification Commission
No report, next meeting September 10, 2024.
J. REPORT OF THE MAYOR
1. Proclamation Declaring September 2024 as “Hunger Action Month”
Mayor Gabriel reported on the following:
• Attending the Grand Opening of The Glaze Donut Shop.
K. ADMINISTRATION REPORTS
1. City Manager - Acting City Manager Ross reported on the following:
• Public Works Director position posted, closing date September 12, 2024.
• Paul Ostrander will be serving as the interim Public Works Director.
• Peet Coots has been promoted to Deputy Fire Chief, internal recruitment for Fire Captain has
begun.
• Julie Scherma has been promoted to Chief Animal Control Officer.
• An offer for the Planning Director position was accepted, more information from City Manager
Eubank at the next meeting.
• Recruitment for the Airport Seasonal Equipment Operator is open.
• City Manager Eubank attended the KPEDD hosted City Manager meeting.
• The meeting with Senator Murkowski to discuss the Air Service Development Grant was
cancelled, her office will reach out next time she is in the area.
• Attending the Kenai Peninsula borough Comprehensive Safety Action Plan Forum with Fire
Chief Teague.
2. City Attorney - No report.
3. City Clerk - City Clerk Saner reported on the following:
• Logic and Accuracy Testing for the October 1, 2024 Municipal Elections will take place at the
Kenai Peninsula Borough Building, September 4 - 6, 20240
• Absentee Voting for the October 1, 2024 City and Borough Election opens on Monday,
September 16, 2024.
Page 35
City of Kenai Council Meeting Page 6 of 7
September 4, 2024
• Taking steps to begin live streaming the Advisory Commission meetings on the City’s
YouTube Channel.
L. ADDITIONAL PUBLIC COMMENTS
1. Citizen Comments (Public comments limited to (5) minutes per speaker)
2. Council Comments
Council Member Douthit reported attending the Old Timer Luncheon and the Grand Opening of Glaze
Donuts; advising High School Students that helping at the Senior Center is a Civics Project; and the
Spruce Bark Beetle trees that were cut were available for fire wood.
Council Member Sounart thanked Public Works Director Scott Curtin for his years of service.
Council Member Askin thanked Public Works Director Scott Curtin for his years of service.
Council member Daniel wished Public Works Director Scott Curtin the best; and reported attending the
Grand Opening of Glaze Donuts.
Council Member Knackstedt noted that the First Friday for the Kenai Fine Art Center and Kenai Chamber
was coming up; attending the Food Bank Soup Supper Fundraiser; and thanked the individuals who
would be serving as the Election Boards.
Mayor Gabriel thanked Public Works Director Scott Curtin for his years of service and reminded everyone
that Friday would be the retirement celebration for Deputy Fire Chief John Harris after 25-years of service.
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)]
MOTION:
Vice Mayor Knackstedt MOVED to enter into executive session to discuss Airport Concession Restaurant
Agreement Terms. [AS 44.62.310(c)(1)]. The executive session will include Mayor Gabriel and City
Council Members; Acting City Manager Ross, Airport Manager Ables and City Attorney Bloom.
Council Member Baisden SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
MOTION:
Vice Mayor Knackstedt MOVED to reconvene into regular session. Council Member Baisden
SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
[Clerk’s Note: The Council entered into executive session at 6:56 p.m. and reconvened into regular session at 7:34
p.m.]
a. Action/Approval: Authorizing Amendments to Kenai Municipal Airport, Restaurant
Concession Agreement.
It was reported that the City Council in Executive Session discussed the Kenai Municipal Airport,
Restaurant Concession Agreement Terms and direction was provided to the City Manager to negotiate.
Page 36
City of Kenai Council Meeting Page 7 of 7
September 4, 2024
N. PENDING ITEMS - None.
O. ADJOURNMENT
P. INFORMATIONAL ITEMS - None.
There being no further business before the Council, the meeting was adjourned at 7:35 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of September 4, 2024.
___________________________________
Michelle M. Saner, MMC
City Clerk
** The student representative may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not
affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student
representative may not move or second items during a council meeting.
Page 37
PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: SEPTEMBER 18, 2024
VENDOR
PERS
PREMERA
HOMER ELECTRIC
INVESTMENTS
VENDOR
DESCRIPTION
PERS
SEPTEMBER PREMIUM
ELECTRIC USAGE
DESCRIPTION
DEPARTMENT
VARIOUS
VARIOUS
VARIOUS
MATURITY DATE
ACCOUNT
LIABILITY
HEAL TH INSURANCE
UTILITIES
AMOUNT
AMOUNT
110,300.78
202,568.24
94,964.35
Effect Int.
Page 38
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Shellie Saner, City Clerk
DATE: September 6, 2024
SUBJECT: Action/Approval – Shackleford Farms New Marijuana License
Issuance
The following establishment has submitted applications to the Alcohol and Marijuana Control
Office (AMCO) for the issuance of a new license:
Applicant: Shackleford Farms LLC
D/B/A: Shackleford Farms LLC
License Type: Retail Marijuana Store
License No.: 38593
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicant and they
have satisfied all obligations to the City. With the approval of Council, a letter will be forwarded to
the ABC Board and the applicants stating that the City has no objection to the issuance of their
Retail Marijuana Store License.
Your consideration is appreciated.
Page 39
Department of Commerce,
Community,
and Economic Development Alcohol and Marijuana Control Office
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
August 23, 2024
City of Kenai
Kenai Peninsula Borough
VIA Email: cityclerk@kenai.city; 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;
License Number: 38593
License Type: Retail Marijuana Store
Licensee: Shackleford Farms LLC
Doing Business As: Shackleford Farms LLC
Physical Address: 8847 Kenai Spur Highway
Kenai, AK 99611
Designated Licensee: Nicholas Mann
Phone Number: 719-221-9919
Email Address: Shackleford.farms.llc@gmail.com
☒ New Application ☐ New Onsite Consumption Endorsement Application (Retail Only)
AMCO has received a complete application for a marijuana establishment within your jurisdiction. This notice
is required under 3 AAC 306.025(d)(2). Application documents will be sent to you separately via 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. If the protest is a
“conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set
forth by the regulations, the Marijuana Control Board may approve the license, but require the applicant to
show to the board’s satisfaction that the requirements of the local government have been met before the
director issues the license.
3 AAC 306.010, 3 AAC 306.080, and 3 AAC 306.250 provide that the board will deny an application for a new
license if the board finds that the license is prohibited under AS 17.38 as a result of an ordinance or election
conducted under AS 17.38 and 3 AAC 306.200, or when a local government protests an application on the
grounds that the proposed licensed premises are located in a place within the local government where a local
zoning ordinance prohibits the marijuana establishment, unless the local government has approved a variance
from the local ordinance.
This application will be in front of the Marijuana Control Board at our September 11th- 12th,2024 meeting.
Sincerely,
HE STATE
01ALASKA
GOVERNOR MIKE DUNLEAVY
Page 40
Joan Wilson, Director
amco.localgovernmentonly@alaska.gov
Page 41
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit
Approve
Approve
Approve
Approve
Approve
Approve
Approve
Approve
Approve
by Meghan Thibodeau 8/23/2024 11 :05 :58 AM (Form Submission)
by Tina Williamson 8/26/2024 8:24:27 AM (Finance Asst Review)
• The task was assigned to Tina Williamson. The due date is: September 3, 2024 5:00 PM
8/23/2024 11 :06:00 AM
by Cindy Herr 8/26/2024 11 :35:45 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 11 :06:00 AM
by Joe Fisher 8/27/2024 9 :57 :04 AM (Building Official Review)
" A building permit will be required for the change of use of the space and alterations required and
proposed by the building code . See letter attached
• The task was assigned to Joe Fisher. The due date is: September 3, 2024 5:00 PM
8/23/2024 11 :05:59 AM
by David Ross 8/27/2024 10 :34 :27 AM (Police Department Review)
• The task was assigned to David Ross. The due date is: September 3, 2024 5:00 PM
8/23/2024 11 :06:00 AM
by Max Best 8/30/2024 8:47 :01 AM (Lands Review)
• The task was assigned to Max Best. The due date is: September 3, 2024 5:00 PM
8/23/2024 11 :06:00 AM
by David Swarner 8/30/2024 9 :44 :52 AM (Finance Review)
• The task was assigned to David Swarner. The due date is : September 10, 2024 5:00 PM
8/30/2024 8:47:03 AM
by Max Best 8/30/2024 12:48:13 PM (P&Z Department Review)
• The task was assigned to Max Best. The due date is: September 10, 2024 5:00 PM
8/30/2024 8:47:04 AM
by Scott Bloom 9/3/2024 8 :57:15 AM (Legal Review)
• The task was assigned to Scott Bloom. The due date is: September 10, 2024 5:00 PM
8/30/2024 8:47:03 AM
by Jeremy Hamilton 9/5/2024 6 :09:50 PM (Fire Marshall Review)
• The task was assigned to Jeremy Hamilton. The due date is: September 3, 2024 5:00 PM
8/23/2024 11 :05:59 AM
Page 42
AMCO License Application
Date
8/23/2024
Establishment Information
License Type
Retail Marijuana Store
Licensee
Shackleford Farms LLC
Doing Business As
Shackleford Farms LLC
Premises Address
8847 Kenai Spur Hwy
Contact Information
Contact Licensee
Nicholas Mann
Contact Phone No.
719-221-9919
Additional Contact Information
Name
Phone No.
Documents
City, State
Kenai, AK
Contact Email
Shackleford .farms.llc@gmail .com
Email
Page 43
File Upload
38593 MJ-00 Nicholas .pdf
38593 MJ-01 .pdf
38593 MJ-02 .pdf
38593 MJ-03 .pdf
38593 MJ-07 .pdf
38593 MJ-08 .pdf
38593 MJ-09_Redacted .pdf
38593 Publishers Affidavit.pdf
License #38593 OBA Shackleford Farms LLC Local Government
Notice.pdf
Right of posession Farms FINAL .pdf
Shackleford Farms Entity Documents.pdf
767 .07KB
1.24MB
2 .58MB
346.69KB
652 .77KB
669.46KB
644 .7KB
820.1 KB
340 .95KB
1.69MB
324.29KB
Page 44
AMCO Received 7/24/2024
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage, AK 99501
m ar ijuanaJkensi ng@j!lask a.gov
https ://www .commerce. alas ka ,gov/web/amco
Phone: 907.269.0350
Alaska Marijuana Control Board
Form MJ-00: Application Certifications
Why is this form needed?
This application certifications form is required for all marijuana establishment license applications. Each person signing an
application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306.
This form must be completed and submitted to AMCO's Anchorage office by each proposed licensee (as defined in
3 AAC 306.020(b}(2)) before any license application will be considered complete.
Section 1 -Establishment Information
Enter information for the business seeking to be licensed, as identified on the license application.
Licensee: Shackleford Farms LLC I License Number: I 38593
License Type: Retail Marijuana Store
Doing Business As: Shackleford Farms LLC
Premises Address: 8847 Kenai Spur Highway
City: Kenai l State: I Alaska I ZIP:
Section 2 -Individual Information
Enter information for the individual licensee.
Name: Nicholas Francis Mann
Title: Owner
Section 3 -Other Licenses
Ownership and financial Interest In other licenses:
Do you currently have or plan to have an ownership interest in, or a direct or indirect financial interest in
another marijuana establishment license?
If "Yes", which license numbers (for existing licenses) and license types do you own or plan to own? I standard marijuana cultivation -31826
[Form MJ-00) (rev 3/1/2022)
199611
Yes No
Page1of3
Page 45
AMCO Received 7/24/2024
Alcohol and Marijuana Control Office
550 W 71h Avenue, Suite 1600
Anchorage, AK 99501
ma rij,uana .licensi ng@a laska ,gov
https://www.commerce.alaska.gov/web/amco
Phone: 907.269.0350
Alaska Marijuana Control Board
Form MJ-00: Application Certifications
Section 4 -Certifications
Read each line below, and then sign your Initials In the box to the right of each statement:
I certify that I have not been convicted of a felony in any state or the United States, including a suspended imposition of
sentence, for which less than five years have elapsed from the time of the conviction to the date of this application.
I certify that I am not currently on felony probation or felony parole.
I certify that I have not been found guilty of selling alcohol without a license in violation of AS 04.11.010.
I certify that I have not been found guilty of selling alcohol to an individual under 21 years of age in violation of 04.16.051
or AS 04.16.052.
I certify that I have not been convicted of a misdemeanor crime involving a controlled substance, violence against a
person, use of a weapon, or dishonesty within the five years preceding this application.
I certify that I have not been convicted of a class A misdemeanor relating to selling, furnishing, or distributing marijuana
or operating an establishment where marijuana is consumed within the two years preceding this application.
I certify that my proposed premises is not within 500 feet of a school ground, recreation or youth center, a building in
which religious services are regularly conducted, or a correctional facility, as set forth in 3 AAC 306.0lO(a).
I certify that my proposed premises is not located in a liquor licensed premises.
I certify that I meet the residency requirement under AS 43.23 for a permanent fund dividend in the calendar year in
which I am initiating this application.
I certify that all proposed licensees (as defined in 3 AAC 306.020(b)(2)) have been listed on my online marijuana
establishment license application. Additionally, if applicable, all proposed licensees have been listed on my
application with the Division of Corporations.
I certify that I understand that providing a false statement on this form, the online application, or any other form provided
by AMCO is grounds for denial of my application.
[Form MJ-OOJ (rev 3/1/2022)
Initials
Page2 of3
Page 46
AMCO Received 7/24/2024
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage, AK 99501
mariiuana.licensing@alaska.gov
http'f>:llwww.commerce.alaska.gov/we bla mco
Phone: 907.269 .0350
Alaska Marijuana Control Board
Form MJ-00: Application Certifications
Read each line below, and then sign your Initials In the box to the right of each statement:
I certify and understand that I must operate in compliance with the Alaska Department of labor and Workforce
Development's laws and requirements pertaining to employees.
I certify and understand that I must operate in compliance with each applicable public health, fire, safety, and tax code
and ordinance of this state and the local government in which my premises is located.
Read each line below, and then sign your Initials In the box to the right of only the applicable statement:
Initials
Initials
Only initial next to the following statement if this form is accompanying an application for a marijuana testing facility license:
I certify that I do not have an ownership in, or a direct or indirect financial interest in a retail marijuana store, a marijuana
cultivation facility, or a marijuana products manufacturing facility.
Only initial next to the following statement if this form Is accompanying an application for a retail marijuana store, a
marijuana cultivation facility, or a marijuana products manufacturing facility license:
I certify that I do not have an ownership in, or a direct or indirect financial interest in a marijuana testing facility license.
All marijuana establishment license applicants:
I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete
application, and I know the full content thereof. I declare that all of the informati on 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 applicatlon, 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.
Nicholas Francis Mann
Printed name of licensee Signature of licensee
[Form MJ-00) (rev 3/1/2022) Page3of3
Page 47
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Alcohol & Marijuana Control Office
550 W 7th Avenue. Suite 1600
Anchorage, AK 99501
marijuana.licensing@alaska.gov
https:/lwww.oommerce.alaska.gov/web/amco
Phone: 907 .269.0350
Cover Sheet for Marijuana Establishment Applications
What Is this form?
This cover sheet must be completed and submitted any time a document, payment, or other marijuana establishment application item is
emailed, mailed, or hand-delivered to AMCO's main office.
Items that are submitted without this page will be returned in the manner in which they were received.
Section 1 -Establishment Information
Enter information for the licensed business.
License Type: Retail Marijuana Store I License Number: I 38593
Name of Business: Shackleford Farms LLC
Physical Address: 8847 Kenai Spur Highway, Kenai, AK 99611
Section 2 -Attached Items
List all documents, payments, and other items that are being submitted along with this page.
Submitting Payment? 0 Yes □ No
0 New Application
This Is for a : D Other (specify):
□ Transfer Application □ Renewal Application
Included Documents: MJ-01 Marijuana Establishment Operating Plan
MJ-01-3.3 employee and guest IDs
MJ-01-9.1 24 hour video surveillance sign
MJ-01-9.1 Customer Warnings
MJ-01-9.1 Green Cross Flag
MJ~01-9.1 Logo and Sign
MJ-01-9.1 Marijuana Flag
MJ-01-9.1 No loitering
MJ-01-9.1 No persons under 21
MJ-01-9.1 No Weapons
MJ-01-9.1 Vinyl Sign
Page 48
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Alcohol and Marijuana Control Office
550 W 71" Aven ue, Suite 1600
Anchorage, Al< 99501
marijuana.licensing@alaska.gov
https:Uwww.commerce.alaska.gov/web/amco
Phone: 907.269.0350
Form MJ-01: Marijuana Establishment Operating Plan
Why Is this form needed?
An operating plan is required for all marijuana establishment license applications. Applicants should review Title 17.38 of Alaska
Statutes and Chapter 306 of the Alaska Administrative Code. This form will be used to document how an applicant intends to meet
the requirements of those statutes and regulations. If your business has a formal operating plan, you may include a copy of that
operating plan with your application, but all fields of this form must still be completed per 3 AAC 306.020(c).
What must be covered In an operating plan?
Applicants must identify how the proposed premises will comply with applicable statutes and regulations regarding the following:
• Control plan for persons under the age of 21
• Security
• Business records
• Inventory tracking of all marijuana and marijuana product on the premises
• Employee qualification and training
• Health and safety standards
• Transportation and delivery of marijuana and marijuana products
• Signage and advertising
Applicants must also complete the corresponding operating plan supplemental forms (Form MJ-03, Form MJ-04, Form MJ-05, or
Form MJ-06) to meet the additional operating plan requirements for each license type.
Section 1 -Establishment & Contact Information
Enter information for the business seeking to be licensed, as identified on the license application.
Licensee: Shackleford Farms LLC I MJ License #: 138593
License Type: Retail Marijuana Store
Doing Business As: Shackleford Farms LLC
Premises Address: 884 7 Kenai Spur Highway
City: Kenai I State: J Alaska I ZIP: 199611
Mailing Address: 140 Bidarka Street #1342
City: Kenai ] State : I Alaska 1 ZIP: l 99611
Designated licensee: Nicholas Francis Mann
Main Phone: 719 .221.9919 ] Cell Phone:
1
Email: Shackleford.farms.LLC@gmail .com
[Form MJ-01) (rev 3/1/2022) Pagelofll
Page 49
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
Section 2 -Control Plan for Persons Under the Age of 21
2.1. Describe how the marijuana establishment will prevent persons under the age of 21 from gaining access to any portion of the
licensed premises and marijuana items:
The shop will have a large sign saying "no entry for anyone under 21" on the main entrance in plain view.
Before engaging with any customers that enter the shop they will be required to provide valid ID, compliant with 3 AAC 306.350:
For the purpose of this section. a valid form of photographic identification is
(1) an unexpired, unaltered passport;
(2) an unexpired, unaltered driver's license, instruction permit, or identification card of a state or territory of the United States, the
District of Columbia, or a province or territory of Canada;
(3) an identification card issued by a federal or state agency authorized to issue a driver's license or identification card; or.
(4) a tribal identification card, issued by a federally recognized tribe, that meets the following criteria;
{A) the identification card has a photograph, a signature, and a date of birth; and
(B) the identification card has security features as identified by AS 28.15.111(a){4).
Section 3 -Security
Restricted Access Areas (3 AAC 306.710):
3.1. Describe how you will prevent unescorted members of the public from entering restricted access areas:
As shown on the premises diagram, the general public will only have access to a 1Ox16 foot area
that is separated from the storage and clerk area by a floor to ceiling wall and window.
Entry to the restricted area will be through a single locked door with a 3 AAC 306.710 compliant
sign that says that says "Restricted access area. Visitors must be escorted."
Guests will be admitted in groups no larger than 5
3.2. Describe your recordkeeplng and processes for admitting visitors into and escorting them through restricted access areas:
Visitors would be admitted in groups no larger than 5 by a manager or the owner through the locked
door. After being signed in to a log maintained at the door, they would be required to:
(1) show identification as required in 3 AAC 306.350 to prove that person is 21 years of age or older;
(2) obtain a visitor identification badge before entering the restricted access area; and
(3) be escorted at all times by a licensee, employee, or agent of the marijuana establishment.
[Form MJ-01] (rev 3/1/2022)
Ucense# 38593 Page2of11
Page 50
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
3.3. Provide samples of licensee-produced Identification badges that will be displayed by each licensee, employee, or agent while
on the premises, and of visitor Identification badges that will be wom by all visitors while in restricted access areas:
See Attached
Security Alarm Systems and Lock Standards (3 AAC 306. 715):
3.4. Exterior lighting is required to facilitate surveillance. Describe how the exterior lighting will meet this requirement:
I have 2 lights on the front of the building , one over the entrance for the retail, and the neighboring
building has a rear spotlight that completely illuminates at least 100 feet from the exterior walls of
the building.
[Form MJ-01] (rev 3/1/20221
Ucense# 38593 Page3of11
Page 51
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
3.5. An alarm system Is required for all llcense types that must be activated on all exterior doors and windows when the llcensed
premises Is closed for business. Describe the security alarm system for the proposed premises, explain how It will meet all
regulatory requirements, and outline your policies and procedures regarding the actions to be taken by a licensee, employee, or
agent when the alarm system alerts of an unauthorized breach:
The security system will have sensors on the door, as well as having motion sensors distributed
throughout the building. These will be monitored 24/7 by a third party security firm (Cardoso
Integrated Security) In event of an unauthorized breach, a member of the managerial staff will
attempt to access the camera feeds remotely to ascertain whether or not it is a false alarm. In the
case of a false alarm, the security system would be remotely disabled.
In the case of unauthorized access, police would be contacted while the perpetrator is kept under
surveillance remotely for evidence purposes. Management will contact the Department of
Commerce, Community, and Economic Development by phone and email no more than 24 hours
after such a breach
additionally, the only windows are covered in chain link fencing to restrict unauthorized access
3.6. Describe your policies and procedures for preventing diversion of marijuana or marijuana product, Including by employees:
The entire premises is under 24/7 video surveillance. All transfers will be performed by an
authorized manager or the owner. Marijuana will be held in numbered packages checked in during
the transfer. only one jar/bag/container will be sold from until completely empty. They will be
checked off of the transfer list in succession with a date for reference.
Additionally, there will be weekly audits of the weight and counts compared against the weeks sales
to catch any discrepancies.
3.7. Describe vour policies and procedures for preventln2 lolterlna:
The customer area will not have anywhere to sit, and there will be a visible "No Loitering" sign inside
the retail and on the exterior wall next to the entrance. If a customer is loitering after the sale has
been completed, they will be asked to leave. If they refuse, Kenai Police Department will be
contacted o remove them.
You must be able to certify the statement below. Read the following and then sign your initials in the box to the right:
3.8. I certify that if any additional security devices are used, such as a motion detector, pressure switch, and duress,
panic, or hold-up alarm, to enhance security of the licensed premises, I will have written policies and procedures
describing their use.
[Form MJ-01] (rev 3/1/2022)
Ucense#38593
Initials
Page4of11
Page 52
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
Video Surveillance (3 AAC 306.720):
You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box:
3.9. The video surveillance and camera recording system for the licensed premises covers each restricted access area,
and both the interior and exterior of each entrance to the facility.
3.10. Each video surveillance recording: is preserved for a minimum of 40 days, in a format that can be easily accessed
for viewing (consistent with the Alcohol & Marijuana Control Office's approved format 11st); clearly and accurately
displays the time and date; and is archived in a format that does not permit alteration of the recorded image.
3.11. The surveillance room or area Is clearly defined on the Form MJ-02: Premises Diagram that Is submitted with this
application.
3.12. Surveillance recording equipment and video surveillance records are housed In a designated, locked, and secure
area or In a lock box, cabinet, closet or other secure area where access Is limited to the licensee{s}, an authorized
employee, and law enforcement personnel (Including an agent of the Marijuana Control Board).
Initials
3.13. Describe how the video cameras will be placed to produce a clear view adequate to Identify any Individual Inside the licensed
premises, or within 20 feet of each entrance to the licensed premises:
The entrance to the retail from outside will be covered to a distance of 20 feet. Upon entry to the
retail, the only publicly accessible area will have 2 cameras for easy identification. The clerk area
will have 4 cameras for complete coverage: on the till, full coverage of the marijuana storage cabinet
and workbench, and 2 cameras to cover the rear window and work area. (total of 6 cameras in the
retail establishment)
The exit to the unrestricted internal staff break area will be covered to 20 feet on both the retail and
cultivation side.
3.14. Describe the locked and secure area where video surveillance recording equipment and original copies of surveillance records
will be housed and stored, and how you will ensure the area Is accessible only to authorized personnel, law enforcement, or an
agent of the Marijuana Control Board. If you will be using an offsite monitoring service and offsite storage of video surveillance
records, your response must Include how the offslte faclllty will meet these security requirements:
The security footage for the retail will be routed to the upstairs surveillance room in the cultivation '\._
(lie. 31826) indicated on the site plan (MJ-02 Diagrams Pg . A2.) where the security footage is stored
for the cultivation as well. this room is far removed from the retail and behind 2 locked doors labeled
"authorized personnel only". only the owner or authorized manager will have access to the security
footage and the room it is housed in.
[Form MJ-01) (rev 3/1/20221
Ucense#38593
Page5of11
Page 53
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
Section 4 -Business Records
Review the requirements under 3 AAC 306.755. All licensed marijuana establishments must maintain, in a format that is readily
understood by a reasonably prudent business person, certain business records.
4.1. I certify that the following business records will be maintained and kept on the licensed premises:
a. all books and records necessary to fully account for each business transaction conducted under my license for the
current year and three preceding calendar years (records for the last six months must be maintained on the licensed
premises; older records may be archived on or off-premises);
b. a current employee list setting out the full name and marijuana handler permit number of each licensee,
employee, and agent who works at the marijuana establishment;
c, the business contact Information for vendors that maintain video surveillance systems and security alarm
systems for the licensed premises;
d. records related to advertising and marketing;
e. a current diagram of the licensed premises, including each restricted access area;
f. a log recording the name, and date and time of entry of each visitor permitted Into a restricted access area;
g. all records normally retained for tax purposes;
h. accurate and comprehensive Inventory tracking records that account for all marijuana Inventory activity from
seed or Immature plant stage until the retail marijuana or retail marijuana product Is sold to a consumer, to
another marijuana establishment, or destroyed;
i. transportation records for marijuana and marijuana product, as required by 3 AAC 306.750(f); and
j. registration and Inspection reports of scales registered under the Weights and Measures Act, as required
by 3 AAC 306.745.
Initials
4.2. A marijuana establishment Is required to exercise due diligence In preserving and maintaining all required records. Describe
how you will prevent records and data, Including electronically maintained records, from being lost or destroyed:
all records will be backed up both in an electronic cloud based service, and in duplicate for paper.
The duplicate paper records will be kept off site, providing copies in the event of catastrophic loss.
The cloud based storage will be accessible from any electronic device.
[Form MJ-01] (rev 3/1/2022)
license# 38593 Page6of11
Page 54
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
Section 5 -Inventory Tracking of All Marijuana and Marijuana Product
Review the requirements under 3 AAC 306. 730. All licensed marijuana establishments must use a marijuana inventory tracking
system capable of sharing information with Metre to ensure all marijuana cultivated and sold in the state, and each marijuana
product processed and sold in the state, is identified and tracked from the time the marijuana is propagated from seed or cutting,
through transfer to another licensed marijuana establishment, or use in manufacturing a marijuana product, to a completed sale of
marijuana or marijuana product, or disposal of the harvest batch of marijuana or production lot of marijuana product.
You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box:
5.1. My marijuana establishment wlll be using Metre, and if any other tracking software Is used, it wlll be capable of
sharing Information with Metre.
5.2. All marijuana delivered to a marijuana establishment will be weighed on a scale registered in compliance with
3 AAC 306.745.
5.3. My marijuana establishment wlll use registered scales in compliance with AS 45. 75.080 (Weights and Measures
Act), as required by 3 AAC 306.745.
Section 6 -Employee Quallficatlon and Training
Initials
Review the requirements under 3 AAC 306.700. All licensees, and every employee or agent of the marijuana establishment who
sells, cultivates, manufactures, tests, or transports marijuana or a marijuana product, or who checks the identification of a
consumer or visitor, must obtain a marijuana handler permit from the board before being licensed or beginning employment at a
marijuana establishment.
You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box:
6.1. All licensees, and each employee or agent of the marijuana establishment who sells, cultivates, manufactures,
tests, or transports marijuana or marijuana product, or who checks the Identification of a consumer or visitor,
shall obtain a marijuana handler permit from the board before being licensed or beginning employment at the
marijuana establishment.
6.2. Each licensee, employee, or agent who Is required to have a marijuana handler permit shall keep that person's
marijuana handler permit card In that person's Immediate possession (or a valid copy on file on the licensed
premises) when on the licensed premises.
6.3. Each licensee, employee, or agent who Is required to have a marijuana handler permit shall ensure that that
person's marijuana handler permit card Is valid and has not expired.
Initials
6.4. Describe any In-house training that will be provided to employees and agents {apart from a marijuana handler course):
All routines will be thoroughly taught to each new employee as part of their onboarding process.
They will be taught from a standard operating procedure handbook that will stay on site for
reference. It will include:
-record keeping procedure
-how to sign out a new package from the locked cabinet
-how to finalize a finished package for confirmation by a manager
-how to account for dropped/otherwise unsellable marijuana that needs to be disposed of
-how to count open/close the drawer
-what to do in the event of a robbery/unruly customer
[Form MJ-01) (rev 3/1/2022)
Ucense # 38593 Page7of11
Page 55
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
Section 7 -Health and Safety Standards
Review the requirements under 3 AAC 306.735.
You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box:
7.1.1 understand that a marijuana establishment is subject to inspection by the local fire department, building
inspector, or code enforcement officer to confirm that health or safety concerns are not present.
7.2. l have polfcles regarding health and safety standards (Including: ensuring a person with an Illness or Infection
does not come Into contact with marijuana or marijuana product; good hygienic practices; cleaning and
maintenance of equipment and the premises; pest deterrence; chemical storage; sanitation principles; and
proper handling of marijuana and marijuana product) and will take all reasonable measures and precautions to
ensure that they are met or exceeded.
7.3. I have policies to ensure that any marijuana or marijuana product that has been stored beyond its usable life, or
was stored Improperly, Is not salvaged and returned to the marketplace.
7.4. I have policies to ensure that In the event information about the age or storage conditions of marijuana or
marijuana product Is unreliable, the marijuana or marijuana product will be handled in accordance with
3 AAC 306.735(d).
Answer "Yes" or "No" to each of the following questions:
7.5. Adequate and readily accessible toilet facilities that are maintained and In good repair and sanitary condition
are clearly Indicated on my Form MJ-02: Premises Diagram.
7 .6. Convenient handwashlng facllltles with running water at a suitable temperature are clearly Indicated on my
Form MJ-02: Premises Diagram.
Yes
Initials
No
□
□
7. 7. If you answered "No" to either 7 .s or 7 .6 above, describe how toilet and/or handwashlng facilities are made accessible, as
lqu;,ed by 3 AAC 306.735(bl(Z),
Section 8 -Transportation and Delivery of Marijuana and Marijuana Products
Review the requirements under 3 AAC 306.750.
8.1. Describe how marijuana or marijuana product will be prepared, packaged, and secured for shipment. Include a description of
the type of locked, safe, and secure storage compartments to be used in vehicles transporting marijuana or marijuana product:
Licensed marijuana transport will be done by an authorized member of staff in opaque totes that are
locked shut. The Delivery car is outfitted with a locking wooden box capable of holding 2 25 gallon
totes, which is secured to the frame of the car with bolts only accessible from inside the locked box .
They will have a clipboard with a copy of the metre transport information and an official invoice in
compliance with 3 AAC 306.750
Transfers FROM this retail TO other establishments will be rare. An authorized manager will be
retrieving marijuana from the cultivation (31826) regularly
[Form MJ-011 (rev 3/1/2022)
Ucense#38593
Page8of11
Page 56
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
You must be able to certify each statement below. Read the following and then sign your initials in the corresponding box :
8.2. The marijuana establishment from which a shipment of marijuana or marijuana product originates wlll ensure
that any Individual transporting marijuana shall have a marijuana handler permit required under 3 AAC 306.700.
8.3. The marijuana establishment that originates the transport of any marijuana or marijuana product will use the
marijuana Inventory tracking system to record the type, amount, and weight of marijuana or marijuana product
being transported, the name of the transporter, the time of departure and expected delivery, and the make,
model, and license plate number of the transporting vehicle.
8.4. The marijuana establishment that originates the transport of any marijuana or marijuana product will ensure that
a complete printed transport manifest on a form prescribed by the board must be kept with the marijuana or
marijuana product at all times during transport.
8.5. During transport, any marijuana or marijuana product will be in a sealed package or container in a locked, safe,
and secure storage compartment In the vehicle transporting the marijuana or marijuana product, and the sealed
package will not be opened during transport.
8.6. Any vehicle transporting marijuana or marijuana product will travel directly from the shipping marijuana
establishment to the receiving marijuana establishment, and will not make any unnecessary stops in between
except to deliver or pick up marijuana or marijuana product at any other licensed marijuana establishment.
8.7. When the marijuana establishment receives marijuana or marijuana product from another licensed marijuana
establishment, the recipient of the shipment will use the marijuana Inventory tracking system to report the type,
amount, and weight of marijuana or marijuana product received.
8.8. The marijuana establishment will refuse to accept any shipment of marijuana or marijuana product that Is not
accompanied by the transport manifest.
Section 9 -Signage and Advertising
Review the requirements under 3 AAC 306.770.
Initials
9.1. Describe any signs that you Intend to post on your establishment, including quantity, dimensions, graphics, and location on your
establishment (photos or drawings may be attached):
-The front of the building facing the highway will have a 1 Ox1 O Marijuana leaf painted in order to differentiate it
from the other buildings on the property. the marijuana warnings will also be painted underneath (see notes)
-Mounted above the door will be 2 4X8 foot vinyl signs featuring our logo and the words "Recreational
Cannabis" (attached)
-Easily visible will be "no Loitering" "firearms Prohibited" "no entry under 21", "area under camera surveillance"
and a banner with the 306 .365 customer warnings
-(Pending future city and landlord approval) a double sided 4x8 foot freestanding highway frontage sign with a
copy of the vinyl signs mounted above the door
-During summer months, We will also deploy banners along the highway to alert passing traffic to our
presence. these banners will be of a generic design saying "Marijuana" or green cross imagery.
(see attached)
*** All signs have been approved by the city of Kenai building official***
[Form MJ-01) (rev 3/1/2022)
Ucense# 38593 Page9of11
Page 57
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
9.2. Describe any advertising you intend to distribute for your establishment. Include medium types and business logos (photos or
drawings may be attached):
flyers and stickers of our logo and possibly future radio ads (see notes)
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 unswDn ~als~ifl~ ~
Nicholas Francis Mann _ \_L-:_ d L -
• -.g.:
Printed name of licensee Signature of 1censee
[Form MJ-01) (rev 3/1/2022)
Ucense# 38593 Page10of11
Page 58
AMCO Received 7/24/2024
Alaska Marijuana Control Board
Form MJ-01: Marijuana Establishment Operating Plan
(Additional Space as Needed):
9.1 -the warnings below will be painted under the Marijuana Leaf on the front of the retail:
9.2 -All ads will include our license number, business name, and the required warnings:
(1) "Marijuana has intoxicating effect's and may be habit forming and addictive";
(2) "Marijuana impairs concentration, coordination, and judgment. Do not operate a vehicle or
machinery under its influence.";
(3) "There are health risks associated with consumption of marijuana.";
(4) "For use only by adults twenty-one and older. Keep out of the reach of children.";
(5) "Marijuana should not be used by women who are pregnant or breast feeding.''
Additionally, all printed ads will feature our logo
[Form MJ-01) (rev 3/1/2022}
Ucense#38593
Pagellofll
Page 59
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Page 60
AMCO Received 7/24/2024
Page 61
AMCO Received 7/24/2024
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Page 65
AMCO Received 7/24/2024
CUSTOMER WARNINGS:
3 AAC 306.365
(1) "Consumption of marijuana in
public is prohibited by law."
(2) "Transportation or carriage of
marijuana or marijuana products
on Alaska waterways, including
cruise ships, or by air carrier is
prohibited by federal law."
(3) "Transportation or shipment of
marijuana or marijuana products
outside the State of Alaska is
prohibited by federal law."
(4) "Providing marijuana to
persons under 21 years of age is
prohibited by law."
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AMCO Received 7/24/2024
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Page 67
AMCO Received 7/24/2024
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P.O. Box 664
Donald, OR 97020
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8847 KENAI SPUR HWY
KENAI, AK 99611
6/28/2024
1
Page 76
Page 85
Joe Fisher Building Official
City of Kenai | 210 Fidalgo Avenue | Kenai, AK 99611P: (907)283-8238 | W: www.kenai.city | E: jfisher@kenai.city
From:Joe Fisher
To:Meghan Thibodeau
Subject:RE: Shackleford AMCO license
Date:Monday, September 9, 2024 11:15:44 AM
Attachments:image003.png
image004.wmz
image001.png
Meghan,
Nick did get a building permit and the final inspection was completed today.
From: Meghan Thibodeau <MThibodeau@kenai.city>
Sent: Monday, September 9, 2024 10:02 AM
To: Joe Fisher <jfisher@kenai.city>
Subject: Shackleford AMCO license
Hey Joe,
I saw on the AMCO license approval for Shackleford’s retail store that you approve but he needs a
building permit. Do you think he’ll be able to get one by Oct 16th (the last Council meeting it can be
approved within the 60-day timeframe,) or will it be a conditional approval? Let me know, or give
me a call if you have any questions. Thanks!
Meghan ThibodeauDeputy City Clerk
City of Kenai | 210 Fidalgo Avenue | Kenai, AK 99611P: (907) 283-8249 | W: www.kenai.city | E: mthibodeau@kenai.city
Page 86
144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2160 | (F) 907-714-2388 | www.kpb.us
Office of the Borough Clerk
Thursday, September 5, 2024
Sent via email: cityclerk@kenai.city
Shellie Saner, City Clerk
City of Kenai
RE: New Application for Retail Marijuana Store
Business Name : Shackleford Farms, LLC
License Location : Kenai/8847 Kenai Spur Hwy Kenai, AK 99611
License No. : 38593
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: shackleford.farms.llc@gmail.com
amco.localgovernmentonly@alaska.gov
Page 87
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Shellie Saner, City Clerk
DATE: September 12, 2024
SUBJECT: Action/Approval - Confirmation of Mayoral Nomination for a Partial
Term Appointment of Zachary Rohr to the Harbor Commission
Four vacancies currently exist on the Harbor Commission; an application to the Harbor Commission
was received and is attached for consideration.
Pursuant to Kenai Municipal Code 1.90.010 members are nominated by the Mayor and confirmed
by the City Council. Mayor Gabriel has requested Council confirmation of the following appointment:
• Zachary Jay Rohr for appointment to a partial term ending on December 31, 2026.
Your consideration is appreciated.
Page 88
From:Zachary Jay Rohr
To:City Clerk
Subject:Form submission from: Commission Application (Webform)
Date:Thursday, September 5, 2024 5:03:24 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Submitted on Thursday, September 5, 2024 - 5:03pm
Submitted by anonymous user: 107.152.126.131
Submitted values are:
Date: Mon, 09/09/2024
Name: Zachary Jay Rohr
Resident of City of Kenai?: Yes
If resident, how long?: 14 years
Residence Address:
Mailing Address:
Home Telephone:
Home Fax:
Business Telephone:
Business Fax:
Email address:
May we include your contact information on our website?: No
If not all, what may we include?:
Employer: Hilcorp Alaska LLC
Job Title: Lead Operator
Name of Spouse:
Current Membership Organization: None
Past organizational memberships:
Commissions in which you are interested: Harbor Comission
Why do you want to be involved with this commission?:
Seems like a good place to start. I have never been in public service, but I am a lifelong
Alaskan who loves his community and if I can help make positive impact in it I will. Eager to
learn and help make a difference.
What background, experience, or credentials do you possess to bring the commission
membership?:
I am a lead operator at the Kenai Gas Field, Father of two, Happily married, Navy veteran,
Local business owner, driven.
The results of this submission may be viewed at:
https://www.kenai.city/node/2601/submission/11468
Page 89
Sponsored by: Administration
New Text Underlined; [DELETED TEXT BRACKETED]
CITY OF KENAI
ORDINANCE NO. 3438-2024
AN ORDINANCE ACCEPTING AND APPROPRIATING PROCEEDS FROM THE KENAI RIVER
MARATHON THROUGH THE KENAI COMMUNITY FOUNDATION FOR THE INSTALLATION OF BIKE
RACKS AND BIKE REPAIR STATIONS.
WHEREAS, the Kenai River Marathon, organized by the Kenai Chamber of Commerce, generates
revenue that goes to the Kenai Community Foundation; and,
WHEREAS, the revenue received by the Kenai Community Foundation goes into an account set aside
for improved recreation, trails, and improved health and wellness in the City; and,
WHEREAS, the City has identified a project that would install bike racks and bike repair stations within
the City; and,
WHEREAS, the installation of bike racks and repair stations will promote the use of the trails and parks,
which promotes health and wellness in the City; and,
WHEREAS, acceptance of $28,000 will facilitate the purchase all the supplies and materials for this
project; and,
WHEREAS, acceptance and expenditure of these funds is consistent with the intended use 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 the City Manager is authorized to accept donated funds in the amount of $28,000
and expend these funds consistent with the intended use and this ordinance
Section 2. That the following budget revision is authorized:
General Fund:
Increase Estimated Revenues –
Donation $28,000
Increase Appropriations –
Parks and Recreation - Repair and Maintenance Supplies $28,000
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 90
Ordinance No. 3438-2024
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 2ND DAY OF OCTOBER, 2024.
___________________________________
Brian Gabriel Sr., Mayor
ATTEST:
___________________________________
Michelle M. Saner, MMC, City Clerk
Approved by Finance: _________________
Introduced: September 18, 2024
Enacted: October 2, 2024
Effective: October 2, 2024
Page 91
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Tyler Best, Parks and Recreation Director
DATE: September 9th, 2024
SUBJECT: Ordinance 3438-2024 - Accepting and Appropriating Proceeds from the
Kenai River Marathon Through the Kenai Community Foundation for
the Installation of Bike Racks and Bike Repair Stations
Ordinance 3438-2024 will appropriate proceeds from the Kenai River Marathon donated to the
City by the Kenai Community Foundation. The Kenai River Marathon is an event that is co-hosted
by the City of Kenai and the Kenai Chamber of Commerce. The Kenai Chamber collects
registration fees for the event. The revenue generated by registrations is given to the Kenai
Community Foundation. The Foundation has a specific fund that the money resides in that is set
up to benefit health and wellness within the City of Kenai.
The Parks and Recreation Department has worked with the Kenai Chamber of Commerce and
the Kenai Community Foundation to identify a project that would benefit health and wellness in
the City. The project is to install bike racks at various City facilities and parks. Then bike repair
stations will be added at high-traffic locations next to the bike rack. A picture of a bike rack and
repair station is attached that was recently added to the front of the Kenai Library. The following
locations were selected for locations of a bike rack and repair station: Steve Shearer Memorial
Ball Park, Kenai Rec Center, Kenai Little League Fields, Daubenspeck Family Park, Old Town
Park, Kenai Sports Complex, Visitor Center, and Municipal Park (front). The following locations
were selected for a bike rack: Greenstrip, Dog Park, Library (rear entrance), Beaver Creek Park,
Cunningham Park, and the Bluff Overlook.
Installing bike racks and repair stations promotes health and wellness by giving the residents of
Kenai and visitors a safe place to store and maintain their bicycles while visiting parks and other
City facilities. Your support is respectfully requested.
Page 92
Page 2 of 2
g
Page 93
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Shellie Saner, City Clerk
DATE: September 12, 2024
SUBJECT: Action/Approval - Confirmation of Mayoral Nomination for a Partial
Term Appointment of Stacie Krause to the Planning & Zoning
Commission
The Planning & Zoning Commission currently has a vacancy; all requirements pursuant to Kenai
Municipal Code (KMC) have been met to fill this vacancy. An application was received and is
attached for consideration.
Pursuant to KMC 14.05.015 (b),”… the Mayor shall make nominations only from the list of persons
who timely submitted an application…” and, as per KMC 14.15.015 (c), “… The Kenai City Council
shall review the Mayor’s nomination no later than the next regular Council meeting following the
meeting in which the Mayor made the nomination, at which time the Council shall consider whether
to confirm the nominations.”
Mayor Gabriel has nominated the following for consideration and confirmation of the City Council:
• Stacie Krause for appointment to a partial term ending on December 31, 2025.
Council shall consider confirmation of the Mayor’s nominations no later than the October 2, 2024
meeting.
Page 94
From:Stacie Krause
To:City Clerk
Subject:Form submission from: Commission Application (Webform)
Date:Monday, August 26, 2024 3:43:00 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Submitted on Monday, August 26, 2024 - 3:42pm
Submitted by anonymous user: 216.67.76.138
Submitted values are:
Date: Mon, 08/26/2024
Name: Stacie Krause
Resident of City of Kenai?: Yes
If resident, how long?: 22 years
Residence Address: 1107 Inlet Woods Dr
Mailing Address: 1107 Inlet Woods Dr
Home Telephone: 9074200655
Home Fax:
Business Telephone:
Business Fax:
Email address: welcomehomeak@gmail.com
May we include your contact information on our website?: Yes
If not all, what may we include?:
Employer: Jack White Soldotna Office
Job Title: Associate Broker
Name of Spouse: Kevin Krause
Current Membership Organization: National Association of Realtors, Certified Residential
Specialist
Past organizational memberships:
Commissions in which you are interested: Planning and Zoning
Why do you want to be involved with this commission?:
I've worked in real estate for more than 20 years where I have helped residential and
commercial clients navigate zoning in the city. I believe that balanced and responsible zoning
decisions are key to preserving our community's quality of life and economic vitality.
What background, experience, or credentials do you possess to bring the commission
membership?:
Knowledge of the real estate market and zoning regulations
Experience working with property owners and builders
A desire to support positive growth of our diverse city.
The results of this submission may be viewed at:
https://www.kenai.city/node/2601/submission/11459
Page 95
C. SCHEDULED PUBLIC COMMENTS -None.
D. UNSCHEDULED PUBLIC COMMENTS -None.
E. CONSIDERATION OF PLATS-None.
F. PUBLIC HEARINGS
1. Resolution No. PZ2024-18 -Consideration of a Variance Permit for Reduced Buffer
Distances on the Property Described as Govt. Lots 19, 20 & 21, Section 6, T5N, R11W,
Located at 11888 Kenai Spur Highway Suite #3, in the General Commercial (CG) Zone.
It was noted that the resolution was denying an application for a variance permit.
MOTION:
Commissioner Twait MOVED to approve Resolution PZ2024-18. Commissioner Fikes SECONDED the
motion.
Interim Planning Director Best provided an overview of the staff report as included in the packet and
attached to Resolution No. PZ2024-18; he noted that the application was for a variance permit for
buffering distance within a conditional use permit (CUP) to allow a retail marijuana store; the CUP would
be addressed in a separate public hearing on Resolution PZ2024-19. The criteria for a variance were
reviewed; and it was reported the application did not meet the criteria for a variance and City staff
recommended denial.
Chair Halstead opened the floor for public hearing.
Deneise Isaacs spoke in opposition to the applications; stating that she had previously been denied a
conditional use permit to operate a marijuana store in the same location.
Nancy Wiles spoke in opposition to the applications; highlighted her family's involvement in sports at the
nearby fields; explained that tournaments are large family events and a marijuana establishment should
not be close to the fields.
Ken Dunbar spoke in opposition to the applications and stated that the applicants should have put the
property in escrow subject to receiving all necessary permits.
Teea Winger spoke in opposition to the applications; stating that she conducted a neighborhood poll on
the subject and the results showed the majority of respondents were not in support; expressed concerns
about drugs, homelessness, traffic, ATV use and child safety in the neighborhood.
Jim Glendening spoke in opposition to the applications; provided a history of the City's development of
marijuana laws through community, City and State involvement; and stated there was no reason to
deviate from the established system.
Richard Moses, representative of the applicant, spoke in support of the applications; emphasized that
this was an issue of fairness; stated that a previous City employee had provided assurances that the
applicant was compliant with code.
Sandra Millhouse, applicant, stated that she was unaware the Isaacs had previously been denied a retail
marijuana CUP when she purchased and remodeled the property; she lived in close proximity to the
marijuana store she operated in Wasilla and had not experienced public trespassing; and the previous
Planning Director had told her she had measured wrong.
There being no one else wishing to be heard, the public hearing period was closed.
[Clerk's note: Chair Halstead passed the gavel to Vice Chair Coston and disclosed a potential conflict
with Resolution No. PZ2024-19 and Resolution No. PZ2024-19, as he had received a comment from the
Planning & Zoning Commission Meeting
August14,2024
Page 2 of 5
Page 97
r
public on the proposed marijuana business. Vice Chair Coston ruled he had no conflict and returned the
gavel.]
Clarification was provided on the City's buffer distance requirements; previous Planning decisions on
other marijuana properties; and the City's method of distance measurement.
Commissioner Twait noted that he had not observed homelessness issues related to marijuana
properties, and the City has code in place for handling these issues.
Commissioner Fikes stated that she agreed with staffs finding, and did not support approving a variance
from the established marijuana laws.
VOTE:
YEA: Fikes, Twait, Woodard, Earsley, Coston, Halstead
NAY: None
ABSENT: Pettey
MOTION PASSED WITHOUT OBJECTION.
Chair Halstead noted the 15-day appeal period.
2. Resolution PZ2024-19 -Consideration of a Conditional Use Permit to Operate a Retail
Marijuana Store on the Property Described as Govt. Lots 19, 20 & 21, Section 6, T5N, R11W,
Located at 11888 Kenai Spur Highway Suite #3, in the General Commercial (CG) Zone.
It was noted that the Resolution was denying a Conditional Use Permit for a Retail Marijuana Store.
MOTION:
Commissioner Twait MOVED to approve Resolution PZ2024-19. Commissioner Fikes SECONDED the
motion.
Interim Planning Director Best provided an overview of the staff report as included in the packet and
attached to Resolution No. PZ2024-19; he noted that the application was for a CUP to operate a retail
marijuana store. The criteria for a CUP were reviewed; and it was reported that the application did not
meet the criteria for a CUP and City staff recommended denial.
Richard Moses, representative of the applicant, stated that he was available for questions.
Chair Halstead opened the floor for public hearing.
Deniece Isaacs spoke in opposition to the application; emphasized due diligence and abiding to rules;
and discussed history of previous tenants and owners of the property.
Nancy Wiles spoke in opposition to the application; expressed concerns about increased traffic and drug
activity; and spoke of previous issues with other businesses near the property.
Teea Winger spoke in opposition to the application; expressed concerns about drug activity among the
homeless and in her neighborhood; noted there was no written evidence of what the previous Planning
Director told the applicant; and stated that the neighborhood was not in support of the proposed business.
There being no one else wishing to be heard, the public hearing period was closed.
MOTION TO AMEND:
Commissioner Twait MOVED to amend Criteria 5 to read as following:
Given the preceding Variance Permit application not meeting required criteria (PZ2024-18), staff
believes that pursuant to KMC 14.20.330(f)(2) the findings cannot be made and that the proposed
retail marijuana store consisting of approximately 1,600 square feet would [NOT] be harmful to the
public safety, health, or welfare'.
Commissioner Woodard SECONDED the motion.
Planning & Zoning Commission Meeting
August 14, 2024
Page 3 of 5
Page 98
Commissioner Twait expressed sympathy for the applicant's position; stated that the Commission's role
is to consider the application within Code; and said he was in support of Staff's recommendation to deny
the permit.
Commissioner Halstead stated that the situation is unfortunate; noted that the City's zoning regulations
were developed in the best interest of the community.
VOTE:
YEA: Coston, Earsley, Halstead, Woodard, Fikes, Twait
NAY: None
ABSENT: Pettey
MOTION PASSED WITHOUT OBJECTION.
Chair Halstead noted the 15-day appeal period.
G. UNFINISHED BUSINESS
1. Discussion/Recommendation -Proposal to Reduce the Number of Meetings for Planning
and Zoning Commission. [On 6/12124 this item was postponed.]
Deputy Clerk Thibodeau reviewed the memo provided in the packet, and noted that the City Clerk
recommended postponing this item indefinitely.
MOTION:
Commissioner Twait MOVED to postpone the discussion to reduce the number of Planning and Zoning
Commission Meetings indefinitely. Vice Chair Coston SECONDED the motion.
UNANIMOUS CONSENT was requested.
There being no objection; SO ORDERED.
H. NEW BUSINESS
1. *Action/Approval -Requesting an Excused Absence for the June 26, 2024 Regular Meeting
-Halstead
Approved by the consent agenda.
I. REPORTS
1. Planning Director -Interim Planning Director Best reported on the following:
• The August 28, 2024 Regular Meeting will be cancelled due to lack of agenda items.
• Thanked Planning Technician Brandon McElrea «;ind Administrative Assistant Beth
McDonald on their help during his time as Interim Director.
2 . Commission Chair -None.
3. Kenai Peninsula Borough Planning -Commissioner Fikes reported on recent actions of the
Kenai Peninsula Borough Planning Commission Meeting.
4 . City Council Liaison -Council Member Douthit reported on recent actions of the City Council.
J. ADDITIONAL PUBLIC COMMENT
Jim Glendening thanked the Commission for their work on the public hearing items.
K. NEXT MEETING ATTENDANCE NOTIFICATION
1. Next Meeting: August 28, 2024
Planning & Zoning Commission Meet ing
August 14, 2024
Page 4 of 5
Page 99
r
It was noted this meeting had been cancelled.
L. COMMISSION COMMENTS AND QUESTIONS
Commissioner Woodard thanked Max Best for returning as Interim Planning Director.
Commissioner Twait asked about the Board of Adjustment Hearing date.
M. PENDING ITEMS -None.
N. ADJOURNMENT
0. INFORMATIONAL ITEMS -None.
There being no further business before the Planning & Zoning Commission, the meeting was adjourned
at 8:24 p.m.
I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of August
24, 2024.
Meg~
Deputy City Clerk
Planning & Zoning Commission Meeting
August 14, 2024
Page 5 of 5
Page 100
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
SEPTEMBER 11, 2024 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
CHAIR JOE HALSTEAD, PRESIDING
Planning & Zoning Commission Meeting Page 1 of 3
September 11, 2024
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai Planning & Zoning Commission was held on September 11, 2024, in City
Hall Council Chambers, Kenai, AK. Chair Halstead called the meeting to order at approximately 7:00 p.m.
1. Pledge of Allegiance
Chair Halstead led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Joe Halstead, Chair John Coston, Vice Chair
Glenese Pettey Sonja Earsley
Jeff Twait Diane Fikes
Gwen Woodard
A quorum was present.
Also in attendance were:
Brandon McElrea, Acting Planning Director
Alex Douthit, City Council Liaison
Meghan Thibodeau, Deputy City Clerk
3. Approval of Agenda and Consent Agenda
MOTION:
Commissioner Twait MOVED to approve the agenda and consent agenda. Commissioner Woodard
SECONDED the motion.
The items on the Consent Agenda were read into the record.
Chair Halstead opened the floor for public comment on consent agenda items; there being no one wishing
to be heard, the public comment period was closed.
UNANIMOUS CONSENT was requested.
There being no objection; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission
and will be approved by one motion. There will be no separate discussion of these items unless a
Commission Member so requests, in which case the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda as part of the General Orders.
B. APPROVAL OF MINUTES
1. *Regular Meeting of August 14, 2024
Approved by the consent agenda.
Page 101
Planning & Zoning Commission Meeting Page 2 of 3
September 11, 2024
C. SCHEDULED PUBLIC COMMENTS - None.
D. UNSCHEDULED PUBLIC COMMENTS - None.
E. CONSIDERATION OF PLATS
1. Resolution No. PZ2024-20 – Recommending Approval on Preliminary Plat – Highlands
Subdivision Evans Replat for a Replat of Lots 2 and 3, Block 1 of the Highlands Subdivision
located in the Rural Residential (RR) Zoning District.
MOTION:
Commissioner Twait MOVED to approve Resolution PZ2024-20. Commissioner Fikes SECONDED the
motion.
Acting Planning Director McElrea provided an overview of the staff report as included in the packet and
attached to Resolution No. PZ2024-20, and explained the purpose of the replat was to merge two lots
into a single lot. Staff’s findings were reviewed, and it was noted that staff’s recommendation is approval
subject to the condition specified within the staff report as attached to Resolution No. PZ2024-20.
UNANIMOUS CONSENT was requested.
There being no objection; SO ORDERED.
F. PUBLIC HEARINGS
G. UNFINISHED BUSINESS - None.
H. NEW BUSINESS
1. *Action/Approval – Requesting an Excused Absence for the August 14, 2024 Regular Meeting
– Pettey
Approved by the consent agenda.
2. *Action/Approval – Recommending Approval of a Lease of Airport Reserve Land for the
Property Described as Lot 4, Block 1, FBO Subdivision.
Approved by the consent agenda.
I. REPORTS
1. Planning Director – Acting Planning Director McElrea reported on the following:
• New Planning Director has been hired, first day will be in October; McElrea is Acting
Director in the meantime.
2. Commission Chair – Reported that the appeals have been received for the applications
denied at the previous Planning & Zoning Commission meeting; will be reviewed by the
Board of Adjustment.
3. Kenai Peninsula Borough Planning – Commissioner Fikes reported on recent actions of the
Kenai Peninsula Borough Planning Commission.
4. City Council Liaison – Council Member Douthit reported on recent actions of the City
Council.
J. ADDITIONAL PUBLIC COMMENT – None.
K. NEXT MEETING ATTENDANCE NOTIFICATION
Page 102
Planning & Zoning Commission Meeting Page 3 of 3
September 11, 2024
1. Next Meeting: September 25, 2024
L. COMMISSION COMMENTS AND QUESTIONS
Commissioner Earsley expressed appreciation for Acting Planning Director McElrea.
Commissioner Fikes asked about the decision issued on the previous Board of Adjustment appeal.
Chair Halstead noted that the Kenai Fire Department and Central Emergency Services had a memorial
event honoring firefighters lost on September 11, 2001.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATIONAL ITEMS – None.
There being no further business before the Planning & Zoning Commission, the meeting was adjourned
at 7:19 p.m.
I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of
September 11, 2024.
___________________________________
Meghan Thibodeau
Deputy City Clerk
Page 103
Page 104
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubanks, City Manager
THROUGH: Dave Ross, Police Chief
FROM: Juliana Scherma, Animal Control Chief
DATE: September 10th, 2024
SUBJECT: August 2024 Monthly Report
This month the Kenai Animal Shelter took in 30 animals.
DOGS:
INTAKE 9 DISPOSITION 13
Waiver 3 Adopted 3
Stray 3 Euthanized 1
Impound 0 Claimed 9
Protective Custody 3 Field Release
Quarantine 0 Transferred
Other Intakes 0 Other Dispositions
CATS:
INTAKE 21 DISPOSITION 28
Waiver 9 Adopted 15
Stray 11 Euthanized 6
Impound 0 Claimed 2
Protective Custody 1 Field Release
Quarantine 0 Transferred 5
Other Intakes 0 Other Dispositions
Page 105
Page 2 of 2
1 Animal dropped After Hours (days we are closed but cleaning and with KPD)
15 Field Investigations & patrols
0 Volunteer Hours Logged
0 Citations
0 Educational Outreach
6 Microchip
Total Animal Contacts:
9 Animals are known borough animals
11 Animals are known City of Kenai
13 Animals are known City of Soldotna
0 Animals are unknown location
Statistical Data:
309 2022 YTD Intakes
360 2023 YTD Intakes
284 2024 YTD Intakes
In August the Animal Control Chief resigned, leaving a second vacancy in Animal Control which
is normally staffed by three. Since then we have filled the position of Animal Control Chief and
we are recruiting for an Animal Control Officer. One of the Temporary Enforcement Officers
from the Police Department was willing to extend their season to help at the Animal Shelter
during this period of being short staffed, and is currently working at the Shelter.
At the same time, the Shelter is experiencing significant capacity challenges with high numbers
of animals to take care of. To help deal with these challenges, there is currently a moratorium
in place on accepting animal from outside the City of Kenai or City of Soldotna.
OTHER ANIMALS:
INTAKE 0 DISPOSITION 0
Guinea Pig 0 Rabbit 0
Rabbit 0 Bird 0
Other 0 Guinea Pig 0
DOA:
OTHER STATISTICS:
Dog 0 Licenses (City of Kenai Dog Licenses) 4
Cat 0 Rabies Clinic 0
Rabbit 0
Page 106
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Derek Ables, Airport Manager
DATE: September 9, 2024
SUBJECT: Airport Mid-month Report August 2024
Terminal Landscaping- In August, an extensive landscaping project transformed the surroundings
of the airport terminal, enhancing the aesthetics. For many, the airport is the first thing they see
when coming to Kenai. Now we can showcase the terminal inside and out. The project involved
the installation of lush greenery, including birch trees, shrubs, and flowering plants, strategically
placed, to provide a welcoming environment for travelers. The project also created a space with
driftwood that will allow for the installation of bronze bears in the future. Decorative river rock,
mulch, grass, and curbing were also used to tie the entire project together. The project was
completed with minimal disruption to airport operations, thanks to careful planning of the
landscaping crew.
Winter Hiring- The airport advertised hiring for two seasonal equipment operator positions to help
manage increased operational demands during the winter. These roles are critical for maintaining
the smooth and efficient operation of the airport's grounds, including snow removal, runway
maintenance, and other essential tasks. Successful candidates will operate heavy machinery
such as snowplows, loaders, and sweepers, ensuring the safety and functionality of the airfield in
various weather conditions. These temporary positions offer a unique opportunity to contribute to
the airport's team and gain valuable experience in aviation operations.
Pavement Inspection- The Pavement Management Team from the State Department of
Transportation (DOT) visited the airport to conduct a comprehensive pavement inspection. Their
primary objective was to assess the condition of the airport's runways, taxiways, and aprons. The
team meticulously evaluated the pavement for signs of wear, including cracks, rutting, and other
potential damage that could affect performance. They will assign a Pavement Condition Index
value (PCI) to each area. The inspection data collected will help plan future maintenance plans,
repairs, and possible upgrades, ultimately supporting the safety and efficiency of airport
operations.
Part 139 Inspection- The airport received a closeout letter from the FAA for all findings from the
Inspection in May. This is the official notification that the discrepancies to Title 14 CFR Part 139,
identified during the 2024 periodic certification inspection were corrected. This included identifying
and procuring sand that met the size requirements, and updating the airports wildlife log forms.
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Airport Mid-Month Report
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Sand Storage- The Airport staff has been working with the Engineers and Contractor to complete
the final punch list items for the Sand Storage building. The period of performance (or end of
work) will be September 23, 2024. We will then be able to complete the administrative closeout
of this grant by the due date of December 22, 2024. Operations has also been working with the
streets department to fill it up again in preparation for winter with 1100 yards of sand. That involves
110 truck loads from the storage facility to the airport.
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MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Dave Swarner, Finance Director
DATE: September 9, 2024
SUBJECT: Finance Department Mid-Month Report – August 2024
With the end of FY2024, the department’s focus has switched to closing of that year’s books and
completion of the City’s Annual Comprehensive Financial Report. This process includes closing
of the FY24 financial records, fiscal year end grant reporting, completion of the annual Audit and
finally financial statement preparation. The annual audit is scheduled for the first week of
November.
The Controller position will be vacant beginning 9-20-24, the position is currently posted.
Page 109
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Jay Teague, Fire Chief
DATE: September 9, 2024
SUBJECT: Fire Department Mid-Month Report – August.
For August, we experienced a 6.5% call volume decrease from the previous year.
During the month of August,
August 2023 2024 % change
Month totals 154 144 -6.5%
EMS 130 99 -23.8%
All Other 24 45 87.5%
Year total 1002 1027 2.5%
Training:
• Fire Marshall Hamilton is 50% complete in Fire Officer 1 Course
• All shifts completed training on new meds/protocols
• A Shift (Drafting & Portable Tanks Training)
• B Shift (Drivers training throughout the month to get FF Martin certified for operation of
Engine 3; FF Martin and Turkington both enrolled in Paramedic course, begin Sept.)
• C Shift (Crews working with recent hire FF Nelson to get her signed off on apparatus
and equipment)
• Kenai Fire participated in CISPRI Water Hazmat Exercise
Projects/Grants:
• Crews completed hose testing for three more apparatus.
• Chief Teague received CWPP Grant Info from Scott Curtain.
• Kenaitze tour of the Fire Department.
• A-Shift Crews began repainting stall doors at Station 1.
• Deputy Chief hiring process completed to fill Chief Harris’ vacancy.
• Fire Marshall performed 25 Inspections (16 Fire Inspections; 4 Follow-Up; 3 Site
Inspections; 2 Complaints)
• Fire Prevention/Public Education Events Scheduled for October
• New Ambulances in service
Page 110
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Stephanie Randall, Human Resources Director
DATE: September 11, 2024
SUBJECT: Human Resources Activity – August 2024
Recruitment
Human Resources collaborated with the City Manager’s office to actively recruit for both a
Planning Director and a Public Works Director. The recruitment for the Planning Director was
successful, and Kevin Buettner will be joining the City in this role on October 21, 2024.
Recruitment for the Public Works Director is ongoing, with several applications under review.
In addition, the Chief Animal Control Officer position was successfully filled through an internal
promotion, which has opened a recruitment for an Animal Control Officer.
The Airport has initiated recruitment for two Seasonal Equipment Operator positions, and within
the Fire Department, Pete Coots was promoted to Deputy Fire Chief. As a result, the Fire
Department has launched an internal recruitment to fill the Fire Captain position.
Safety
There was one accident reported in August which did not involve an employee.
Special Projects
Human Resources is working with the City’s health and life insurance benefits consultants on
the renewal of employee benefits and preparing for open enrollment to take place in November.
Page 111
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Katja Wolfe, Library Director
DATE: September 10, 2024
SUBJECT: Library Report for August 2024
CIRCULATION
7,575 6,541 7,843
1,604 1,615
2,041
2022 2023 2024
Physical Checkouts August Digital Checkouts August
PROGRAMS AND EVENTS
110
53
13
148
375
Everyone
Adults
Teens
Children
Babies and…
SERVICES
6435 Visitors
57 New Members
562 Computer Sessions
470 AWE Sessions
6763 WiFi Sessions
151 Room Reservations
345 Hours of Use
699 Participants
52 Programs
Program Attendance
5,655 1,578
2,041
430
87
Print DVD Digital Other Audio
Page 112
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Tyler Best, Parks and Recreation Director
DATE: September 9th 2024
SUBJECT: Mid-Month Report-August
In August, one event stands out above the rest: Industry Day! Industry Day took place on August
17th at the Greenstrip in Kenai. This event celebrates all Industries across the Peninsula and is
100 percent free, with food, prizes, and activities provided at no cost to participants. Parks and
Recreation helps plan the event with the local community group that puts it on and supports it by
setting up the event space and cleaning it up afterward.
The Kenai Rec Center has posted closures from September 16th to 22nd and September 30th to
October 6th. This is due to the lobby and locker room floors being redone.
A trail improvement is happening at Daubenspeck Family Park. Currently, at the park, there is a
¼ mile trail with a well-groomed Story walk, except for a part that goes down into a beach area
that can be difficult to traverse. Parks and Recreation will extend the well-groomed part of the trail
along the edge of the beach so it remains easily accessible for walkers of all abilities.
Kenai Rec. Center Visits-June
Weight Room/Cardio Room 969
Racquetball /Wallyball 178
Shower/Sauna 8
Gymnasium 1353
Other 0
Gym Rental Visits 180
Total Number of Visits 2688
New Inclusive See Saw at Municipal Park
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Stripping and priming the floor for the finish
Trail Development at Daubenspeck
Beach
New Trail
Page 114
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
THROUGH: Brandon McElrea, Acting Planning Director
FROM: Beth McDonald, Planning Assistant
DATE: September 10, 2024
SUBJECT: Planning and Zoning – August 2024 Monthly Report
General Information
• Planning Director job has been filled, and his anticipated start date is October 14th.
Public Inquiry
See attached report.
Application Summary
• Lands - See attached report – No changes in August.
• Leases – See attached report – No changes In August.
• Planning & Zoning – See attached report.
Code Enforcement and Compliance
In August, Planning and Zoning received nine (9) new complaints and one (1) case was closed.
There is a cumulative total of twenty-nine (29) open cases for 2024.
Due to other priorities, the implementation of the code enforcement solution was temporarily
placed on-hold. Staff has been in contact with Cloud Permit about the incoming Planning Director.
Planning and Zoning Commission
One (1) public meeting was held in the month of August with the following
actions/recommendations.
• Resolution PZ2024-18 – Approved the Denial of a Variance Permit for Reduced Buffer
Distances on the Property Described as Govt. Lots 19, 20 & 21, Section 6, T5N, R11W,
Located at 11888 Kenai Spur Highway Suite #3, in the General Commercial (CG) Zone.
• Resolution PZ2024-19 – Approved the Denial of a Conditional Use Permit to Operate a
Retail Marijuana Store on the Property Described as Govt. Lots 19, 20 & 21, Section 6,
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T5N, R11W, Located at 11888 Kenai Spur Highway Suite #3, in the General Commercial
(CG) Zone.
• Discussion/Recommendation – Proposal to Reduce the Number of Meetings for
Planning and Zoning Commission. On June 12, 2024, this item was postponed until
August. And on August 14th, this was postponed indefinitely, to be reintroduced by the
future Planning Director, if required.
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Page 120
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: David Ross, Police Chief
DATE: September 3, 2024
SUBJECT: Police & Communications Department Activity – August 2024
Police handled 635 calls for service in August and 383 calls were received by dispatch via 911.
Officers made 41 arrests. Traffic enforcement resulted in 129 traffic contacts with 43 traffic
citations issued and there were 5 DUI arrests. There were 17 reported motor vehicle collisions
in August and none involved drugs or alcohol.
One Dispatcher attended a week-long public safety training conference in Florida. One police
supervisor attended an online Human Trafficking training. The KPD Officer on the SWAT team
attended two days of training. One Officer was recertified as a Taser instructor.
Two new dispatchers continued in field training for the month of August. Two Temporary
Enforcement Officers (TEO) completed their summers with the City in August and one will be
continuing into September at the Police Department. Another TEO agreed to stay on into
September in order to help with a short staffing issue at the Animal Shelter.
The Police Department started the school year with a new School Resource Officer (SRO),
Investigator Josh Hall. He has attended a number of staff meeting and orientations at the
schools to introduce himself and prepare for the year. He has also handled a number of police
related calls in the schools.
4774
2154
4528
2147
4030
2098
0
2000
4000
6000
Total Police Service Calls 911 Calls Received
2022(Jan 1 - Aug 31)2023(Jan 1 - Aug 31)2024(Jan 1 - Aug 31)
Page 121
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
FROM: Paul Ostrander, Interim Public Works Director
DATE: September 2024
SUBJECT: Mid-Month Report; Public Works / Capital Projects
Airport Fund Projects:
• Kenai Municipal Airport Runway Rehabilitation Project – Currently in Preconstruction Design
Phase, with HDL Engineering Consultants currently under contract at a total to date cost of
$1,132,886. This project known as Task 4 within HDL Engineering Consultants LLC term
service agreement will provide bid ready construction documents to rehabilitate Runway
2L/20R as well as Taxiways A/B/C/D/E/K/L/M under a second construction phase. Work is
approaching 65% design completion as of July 31, 2024. On April 1, 2024 the City received
the Environmental Investigation Report conducted by Shannon & Wilson. On May 20th, 2024
a microsoft teams meeting was held in coordination with DEC representatives where the
environmental report was reviewed. On a good note the water and soil sampling conducted
at the airport did not find PFAS above actionable levels. It was requested by DEC to conduct
additional sampling in several ditchline locations to determine if any restrictions would be
necessary within those areas. The additional samplng work will take place during the summer
months. The project continues toward a grant application in 2025 and dependent upon timing
of receipt of grant funds ground breaking may not be until spring 2026 for the runway and
2027 for the taxiway. A contract amendment to HDL is pending in the amount of $48,987 to
cover the additional DEC requested PFAS sampling. The contract amendment to HDL was
approved the week of September 9, 2024. Project continues on time.
• Kenai Municipal Airport (KMA) Terminal Landscaping Project – Moore’s Landscaping was
the successful bidder at a total contract amount of $94,733 as approved by Council on June
5th, 2024 through passage of Resolution 2024-22. Earthscape LLC provided the landscape
design at a cost of $28,255 and has completed their contracted efforts. A Preconstruction
meeting was held at the site on July 29th. 2024. Construction is scheduled to start on August
5th and is expected to take approximately three weeks to complete. Fund raising for the
bronze bears will continue and will complement the work if and when they become available.
This project is now complete. A change order in the amount of $5,733.00 was approved to
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prepare the area for placement of the bronze bears. Total contract amount after the approved
change order was $100,466.00. Photos below show the finished project.
• Kenai Municipal Airport (KMA) Operations Building HVAC Controls Upgrade & Boiler
Replacement Project – This project will replace existing mechanical equipment including
boilers, pumps and controls that have reached the end of their intended life cycle. Project
was not originally started as being grant eligible, however after coordinations with Airport
Managers past and present as well as our FAA counterparts, the project is now grant eliglible
at a 65% FAA and 35% City of Kenai financial cost share. Grant funds are now available, and
the project was formally released for construction bids on July 23, 2024 with bids due on
August 13th. Orion Construction was the successful bidder at a total bid of $699,400. Council
enacted Ordinance 3428-2024 at the August 21st meeting to accept these grant funds and
award a construction agreement. The contract with Orion Construction should be finalized in
the next week. Project is anticipated to run seven months to completion.
• Kenai Municipal Airport (KMA) Apron Crack Seal and Seal Coat Project – Currently awaiting
grant funding to enter construction bid phase. HDL Engineering Consultants currently
contracted at a total of $121,730 in support of the project has finalized the construction bid
documents. The project is awaiting FAA receipt of their anticipated cost share funding which
will be delayed until first quarter 2025. Assuming funds become available at that time the
project will bid in March 2025 for a May 2025 construction start. Map below defines the
anticipated project area.
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• Kenai Municipal Airport (KMA) Master Plan Update – Staff has received word from the FAA
that grant funds are now available for this project. Ordinance 3425-2024 is being introduced
on August 7th with a double reading planned for enactment the same day to meet the FAA’s
grant application deadlines to secure the funding. Phase 1 work will continue over the next
year. HDL Engineering Consultant’s initial contract to date will be $729,445. Airport Master
Plans are typically updated approximately every ten years to clearly communicate the
direction of the airport. Completion of this work allows the City to continue to coordinate and
receive federal grant funds in support of airport operations. Execution of contract
documents is underway.
General Fund Projects:
• USACE Kenai Bluff Bank Stabilization Project – Currently in the construction phase. This
project encompasses approximately 5000 lineal feet of coastal bluff starting at the mouth of
the Kenai river extending upriver along the northern river bank. The bluff in this area varies
from 55’-70’ above the toe. A protective armored rock berm with a crest elevation of
approximately 12’ in height is planned. The Design and Bid phases have now concluded and
Construction is anticipated to continue through the 2024 & 2025 construction seasons.
Milestones to date listed below.
o This project was formally released through USACE for Construction Bids on 11/29/23 with
a Pre-Bid Meeting conducted on 12/12/23.
o On February 7th, 2024 the City received word from USACE that Western Marine
Construction Inc, based out of Seattle, Washington was awarded a construction contract
for $19,321,000 as a firm fixed price. There is an additional construction element related
to an inspection path that was requested, by the City and our design team, to be included
within the project. That element will cost $864,000 and will be funded 100% by the City.
The larger amount has a 90/10 cost share split with the City share costing $1,932,100 +
$864,000 for a total anticipated City share of $2,796,100, USACE total cost share of
$17,388,900.
o Western Marine Construction Inc was provided a Notice to Proceed on February 20, 2024.
o The Initial Construction Kick-off Meeting took place in Anchorage on March 28, 2024.
Contractor currently is not anticipated to mobilize to the site until spring 2025.
o Formal Ribbon Cutting Ceremony was well attended on June 10th, 2024.
o Rock Production continues in Sand Point, AK and is anticipated to be completed by
October 1st with all rock materials needed stockpiled. Photo below is from rock production
activities in July 2024 at the Sand Point location.
o August 12th, 2024 Construction meeting held in Anchorage at HDR’s facility. Rock
production continues. Discussions around measurement of settlement as rock is being
placed was a primary discussion item for the team. Coordination with PacStar and bouy
placements within the river for next year are underway to avoid conflicts next year. Project
continues on time and on budget.
o Survey work is tentatively scheduled to start next Tuesday, September 17, 2024 that
utilizes the tide monitor that was installed at the City Dock earlier this year.
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• Community Wildfire Prevention Plan (CWPP) Mitigation Project Phase One – Doug Koch
Professional Tree Service contracted with the City on February 28, 2023 in the amount of
$282,000 to mitigate 105 acres within the no name creek drainage extending from Redoubt
Avenue down to the City’s North Beach through Municipal Park. Phase One work is now
completed and paid for. As this is a phased project grant closeout will extend for some time
until the other phases are fully completed.
• Multi-purpose Facility Project – Design documents have now been completed and were
received on May 30, 2024. MBA Consulting Engineers have completed their work at a total
cost of $30,580. Design work covers ventilation, lighting, bleacher radiant heating. Currently
project estimates exceed budgeted amounts. The department is coordinating with the
administration on next steps. We will likely be bidding the ventilation and radiant heating
components later this summer, with additional fund raising to complete the lighting portions of
the project. No new update at this time.
• Cemetery Expansion – This project is located at the corner of First Ave and Float Plane Rd
and will provide for additional burial space as the existing adjacent cemetery has reached
capacity. The Public Works Department using in house personnel has already cleared,
leveled and graded the site, and placed and compacted gravel sub-base for the parking area.
Staff has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These sites are
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available through the Clerk’s office. Cemetery Phase 2 Fencing was completed in the fall
2023 by AAA Fence, Inc at a total cost of $147,595. Nelson Engineering has completed the
site paving plan and this work is expected to bid in August 2024.
• Softball Shelter Dugouts – Larsen Engineering has been awarded the design work for the
dugouts. Design requirements are being discussed with the engineer, however this project
is moving slowly as staff and engineer are heavily involved in other projects. Project will
move forward shortly as staff time becomes available. Parks & Rec Director and Public
Works Director had phone conference with design engineer on April 30th. Draft plans were
received on May 30, 2024, final comments are expected to be incorporated prior to June 30,
2024. The Streets Department in order to stretch available funding for the project will be
demolishing the existing structures in late August 2024 and will excavate and install new
foundation gravel base pad for each structure. Project will then be on hold until first quarter
2025 when the project will be released for construction bids with an anticipated construction
start of May 2025.
• Lilac Ln. Roadway Improvements Project – Construction contract documents are routing for
final signatures as of June 12th. To date Nelson Engineering has completed their design
efforts at a total cost of $38,840. Peninsula Construction, the successful bidder at a total cost
of $637,765, as approved by council on June 5th through passage of Ordinance 3420-2024.
Construction mobilization is anticipated for the week of June 24th with work expected to
continue through the summer months. Map below highlights the project area. Paving on the
project is scheduled for September 13 or 14, 2024 and will be completed in one work day.
• Cemetery Creek Culvert Replacement – Currently on hold in design phase awaiting grant
funding. This project is in coordination with the US Fish & Wildlife. Work involves
replacement of several aging culverts with fish passage type culverts. 35% design
documents have been completed and will be used to apply for grant funding. Documents
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Public Works Mid-Month Report
have been provided to the Kenaitze and Salamatof tribes to assist with grant opportunities.
On July 11, 2024 representatives from the Kenaitze tribal association met with the
Administration and discussed upcoming grant opportunities to be pursued in support of this
project. As of July 31, 2024, nothing new to report.
• Community Wildfire Prevention Plan (CWPP) Mitigation Phase Two – Currently in
construction phase. Doug Koch Professional Tree Service was the low bidder on this project
that was released for bids on November 1, 2023 with bids due on November 29, 2023. His
bid in the amount of $177,700 to mitigate 84.75 acres within the Cemetery Creek drainage
extending from Float Plane Basin down to the Lee Shore Center. Resolution 2023-67
awarded the project. Work will continue throughout the next year. Contractor was out of state
for some time, Contract was fully executed on January 29, 2024. Contractor is anticipating
starting work in February 2024. To date 45 of 85 acres has been mitigated with much of the
airport side of the project now complete with the drainage extending down Spruce St. Work
will be shut down for a period over the summer months and will start back up as temperatures
subside.
• Public Safety Building Tower Guy Wire System Upgrade – This project will provide
improvements to our existing communications tower located at the Public Safety Building to
allow additional components to be mounted to the tower. Procurement for this work has been
challenging as they are few companies performing this work in state. Resolution 2024-37 will
be introduced on August 7th, 2024 for approval for a construction contract award. If approved
this work is expected to be completed prior to the winter months. Execution of Contract
documents are now in process.
Water & Sewer Fund Projects:
• Lift Station Renovations – Currently in design phase. Resolution 2021-58 awarded HDL
Engineering agreement in the amount of $59,560 to provide bid ready construction documents
for three lift stations. These locations included the stations at mile posts 13 and 14, which are
near the soccer fields and Spur / Redoubt Ave respectively, as well as a station on Lawton
Drive. These locations are intended to receive new pumps and pump control panels as part
of this project. After determination of which lift stations would receive renovations to start, a
design meeting was held on 12/3/21 to discuss pump and control panel design. Basis of
design memo received on January 6, 2022. Design documents are approaching 95%. Design
is finally approaching completion. Challenges with our current SCADA team required some
changes to different lift station controllers which has now been resolved. Supplemental
funding will be needed to complete these three locations, staff is working on finalizing those
estimated costs, with upcoming legislation to be expected. Construction expected for summer
2024. Resolution 2024-16 in the May 15th council packet is transferring funds in support of
this project. The scope of this project has been modified to focus on the completion of the lift
stations at mile post 13 and 14, and the design team was instructed to cost engineer the
design to reduce costs. This resulted in the identification a component on each lift station
that, if eliminated, reduces cost by $65,000 to $85,000 per station and will not impact
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Public Works Mid-Month Report
functionality. The intent is to complete the mile post 13 and 14 stations within the budgeted
amount of $400,000, however this will require additional design efforts that will delay
construction of this project until the 2025 construction season.
• Wastewater Plant Digester Blowers Replacements – Currently awaiting finalization of grant
application to enter construction bid phase, funds are available. HDL Engineering was
authorized to proceed on design documents for this project through passage of Resolution
2022-29 on May 18, 2022. Design Agreement is currently in the amount of $382,513 and will
provide bid ready construction documents for the replacement of two 40+ year old blowers at
the WWTP. The Department received 35% Design Study Report on September 23, 2022 and
the project is currently moving toward 65% design documents. A grant for this project has
been applied for through Senator Murkowski’s office through the Congressional Directed
Spending (CDS) program. We are awaiting word on if we were successful in receiving grant
funds. This is a high priority project for the department and is anticipated to provide further
energy savings similar to the aeration basin blower replacement project completed a few years
ago. Final 65% plan reviews are being conducted on site with HDL on 12/19/22, bid
documents are expected to be ready 5/1/23 and if funding is in place will be bid immediately,
if not will be delayed until funding arrives. Environmental review process is delayed as we
are not sure of the grant requirements at this time, and may not know until a future grant is
executed. Until then this will be a shovel ready project waiting on funding. May 5th a
Community Grants Webinar was held to discuss the pending grant requirements, the Public
Works Director and HDL Engineering participated in the webinar. Consultants are reviewing
requirements and hope to have the design moving forward shortly. Project will not be able to
be bid until funding formally arrives. Design team is actively working with granting agency.
Construction expected for summer 2024. This project is behind schedule due to difficulties
with grant application process, staff is working to remedy. HDL Engineering is actively working
on environmental requirements associated with the application. Grant documents are nearing
completion and staff intends to submit the application to the EPA the week of September 16,
2024
• Water Treatment Plant Pumphouse – Grant application was successfully submitted to DEC
on April 30th, 2024. This project will construct a new pumphouse building and provide
replacement distribution pumps for the City’s Water System. On August 1, 2023 received
letter that the State of Alaska Department of Environmental Conservation (ADEC) has
awarded the City of Kenai a $1,200,000 loan through the state’s revolving fund program and
that the loan would receive 100% forgiveness in support of this project. Resolution 2023-56
was approved by Council at the September 20, 2023 Council Meeting to allow access to these
funds. Ordinance 3384-2023 is being introduced 12/20/23 to move funding into place for the
design work to proceed. HDL Engineering Consultant’s pending design agreement as
detailed within Resolution 2024-14 up for council approval at the April 17, 2024 meeting totals
$187,461. Currently working on additional grant requested environmental paperwork and
financial statements.
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• WWTP & WTP Electronic Access Gate & Controls – On August 13, 2023 HDL Engineering
provided a proposal under their term agreement to begin design work on the Electronic
Access Gates projects at both the Water and Wastewater Plants. The project identified as
Task 13 under their agreement has a proposed design cost of $24,902. Design work will
continue over the winter months for construction to take place summer 2024. HDL working
under purchase order 127771 is now actively working on this project. No new update.
Senior Citizens Fund Projects:
• Senior Center Front Entry Modifications – Capital Project Manager has completed the
construction bid documents for this work, which is now under review. This work will make
repairs to the automatic doors entering the facility.
Other Projects Informational:
• DOT Kenai Spur Highway to Sports Lake Rd – This project continues to wait for appropriation
of state funds. Reached out to DOT staff on September 13, 2023, no new information provided
at this time. Update July 31, 2024: this project, listed as no. 92 under STIP ID 30549 linked
here https://publicinput.com/stip/#tab-53339
• DOT Bridge Access Road Bike Path – Council passed Resolution 2021-53 on August 4, 2021
authorizing the City Manager execute a memorandum of agreement with DOT for design,
construction, and maintenance of the Kenai Bridge Access Road Pathway project. In speaking
with representatives from DOT the state has not provided funding as yet for this project to
move forward. To date the City has appropriated $294,947 in support of this project which is
intended to provide a 1.2 mile path connecting the paths between the Spur Highway and
Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Per
communications with the DOT, design funding is in place and they are waiting on final
signatures for the Reimbursable Services Agreement (RSA) with DNR. Once the RSA is
approved they will be able to begin design work. Process is expected to be completed by the
end of January. Update: Formal kickoff meeting took place on March 30th with the City
Manager and Public Works Director in attendance. From appearances this design process will
be a slow one, we are not anticipating seeing construction on the path this calendar year. Will
continue to update as more information becomes available. Update: A site meeting will be
taking place between the City, DNR, & DOT on 6/9/22 to review the project. HDL Engineering
appears to conducting surveying services in support of the project, crews were in the area on
6/7/22. On June 29, 2022 the City Manager & Public Works Director met with DOT
representatives and discussed projects. State funding continues to be an issue. Reached out
to DOT staff on September 13, 2023, no new information provided at that time. Update: this
project, listed as No. 126 under STIP ID 33038 is listed as programmed for STIP 24-27 with
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funds indicated within the 2025 construction season on the States website
https://publicinput.com/stip/#tab-53339
• DOT Kenai River Flats Pedestrian Improvements – Update: This is a new project listed on the
States website, identified as project No 91 under STIP ID 33039 at the link above as well.
Intended to construct a walkway along the banks of the Kenai River for ADA compliant access.
This project is listed for 2024 construction within the STIP 24-27 program.
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Terry Eubank, City Manager
THROUGH: Kathy Romain, Senior Center Director
FROM: Astrea Piersee, Administrative Assistant III
DATE: September 4, 2024
SUBJECT: August 2024 Monthly Report
August was a bustling month at the Kenai Senior Center, filled with engaging activities. Mondays
featured afternoon choir practice preparing for their annual fall concert. A lively polka dance,
accompanied by the Button Box Gang’s music, had everyone on their feet, with Howard's Snack
Shack serving up brats and kraut. The Kenai Bell Ringers made an appearance at the Kenai
Peninsula Fair, and a day trip to Homer included a no-host lunch, visits to the Islands and Ocean
Visitors Center, and the Pratt Museum. The month wrapped up with the cherished Old Timers
Luncheon, with 180 in attendance, adding a perfect touch to the busy schedule.
2024 2023
Home Delivered Meals 2090 2062
Individuals 98 87
Dining Room (Congregate) Meals 1792 1165
Individuals 155 236
Transportation (1-way rides) 291 302
Individuals 33 36
Grocery Shopping Assistance 19/35 32/75
Writers Group 9 30
Caregiver Support Group 10 16
Growing Stronger Exercise 268 71
Tai Chi Class 44 42
TOPS Weight Loss Class 63 68
Bluegrass & Music Sessions 60 136
Card Games 168 125
Wii Bowling 25 38
Arts & Crafts 26 25
Total Event Sign-ins * 2139 2339
Individuals * 240 254
Vintage Pointe Manor Vacancies 1 0
*(not including home meals clients)
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Kenai City Council - Regular Meeting Page 1 of 3
September 18, 2024
Kenai City Council - Regular Meeting
September 18, 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)
1. Samantha Springer, Kenai Chamber of Commerce & Visitor Center Executive Director, Kenai
Silver Salmon Derby Grand Prize Awards
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. 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)
2. ENACTED UNANIMOUSLY. Ordinance No. 3433-2024 - Accepting and Appropriating a Grant
from the State of Alaska for the Purchase of Library Materials. (Administration)
3. ENACTED UNANIMOUSLY. 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)
4. ENACTED UNANIMOUSLY. 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)
5. ENACTED UNANIMOUSLY. 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
Kenai City Council - Regular Meeting Page 2 of 3
September 18, 2024
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)
6. ENACTED UNANIMOUSLY. 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)
F. MINUTES
1. *Regular Meeting of September 4, 2024. (City Clerk)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Issuance of a New Retail Marijuana Store License for
Shackleford Farms LLC., DBA Shackleford Farms LLC - License No. 38593 (City Clerk)
3. *Action/Approval - Confirmation of Mayoral Nomination for a Partial Term Appointment of
Zachary Rohr to the Harbor Commission. (Mayor Gabriel)
4. *Ordinance No. 3438-2024 - Accepting and Appropriating Donations from the Kenai River
Marathon Through the Kenai Community Foundation for the Installation of Bike Racks and Bike
Repair Stations. (Administration)
5. APPROVED UNANIMOUSLY. Action/Approval - Confirmation of Mayoral Nomination for a
Partial Term Appointment of Stacie Krause to the Planning & Zoning Commission. (Mayor
Gabriel)
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
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
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September 18, 2024
M. EXECUTIVE SESSION
N. PENDING ITEMS
O. ADJOURNMENT
P. INFORMATION ITEMS
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
Registration is required to join the meeting remotely through Zoom. Please use the following link to
register:
https://us02web.zoom.us/meeting/register/tZYkduGvrDIrE9ycdgukyx2MGCRF-2RvZz6j