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HomeMy WebLinkAbout2024-12-18 Council PacketKenai City Council - Regular Meeting Page 1 of 3 December 18, 2024 Kenai City Council - Regular Meeting December 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) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. Ordinance No. 3445-2024 - Decreasing Estimated Revenues and Appropriation in the Kenai City Municipal Roadway Improvement Capital Project Funds to Transfer Residual Balance from Completed Projects Back to Their Original Funding Sources, and Increasing Estimated Revenues and Appropriation in the Kenai City Water & Sewer, Public Safety, and Airport Improvements Capital Project Funds to Fully Fund Projects Approved in the FY2025 Budget. (Administration) 2. Resolution No. 2024-52 - Reinstating a Player Registration Fee for the City of Kenai City League Basketball to Support More Games During the Season. (Administration) 3. Resolution No. 2024-53 - Approving Extensions and Amendments to Two Agreements with the State of Alaska Division of Forestry and Fire Protection. (Administration) F. MINUTES 1. *Regular Meeting of December 4, 2024. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 3 December 18, 2024 2. *Action/Approval - Non-Objection to Renewal of a Beverage Dispensary Tourism Liquor License for Schilling Alaska, LLC DBA Uptown Motel/Louie’s - License No. 1859. (City Clerk) 3. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing Facility License and a Standard Marijuana Cultivation License for Red Run Cannabis Cultivators, LLC., DBA: Red Run Cannabis Cultivators, LLC. - License No.’s 19372 and 10052; and a Retail Marijuana Store License for Red Run Cannabis Company, LLC., DBA: Red Run Cannabis Company, LLC. – License No. 10056. (City Clerk) 4. *Action/Approval - Special Use Permit to Echo Lake Meats for Use of 20 Square Feet of Terminal Space at the Kenai Municipal Airport. (Administration) 5. *Ordinance No. 3446-2024 - Accepting and Appropriating a Grant from the Alaska Food Coalition to the Kenai Senior Center. (Administration). 6. Action/Approval - Approving a Certificate of Acceptance Notice for Kee’s Turn Subdivision. (Administration) 7. Discussion/Approval - Scheduling a Joint Work Session with the Kenaitze Indian Tribe. (Administration) 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 M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS 1. CIRCAC Director's Report Page 2 Kenai City Council - Regular Meeting Page 3 of 3 December 18, 2024 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/tZMlde6ppzMqH9XOmky_X6zWJB4sCHPvGwnt Page 3 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3445-2024 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATION IN THE KENAI CITY MUNICIPAL ROADWAY IMPROVEMENT CAPITAL PROJECT FUNDS TO TRANSFER RESIDUAL BALANCE FROM A COMPLETED PROJECT BACK TO IT’S ORIGINAL FUNDING SOURCE, AND INCREASING ESTIMATED REVENUES AND APPROPRIATION IN THE GENERAL, AIRPORT, AND WATER AND SEWER FUNDS AND THE WATER & SEWER, PUBLIC SAFETY, AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS TO FULLY FUND PROJECTS APPROVED IN THE FY2025 BUDGET. WHEREAS, $77,739.07 remains in Municipal Roadway Improvements Capital Project Funds from completed capital projects for N. Willow street; and, WHEREAS, transfer of the residual $77,739.07 to the General Fund, the fund from which the funds originated will allow future appropriation of the funds for operations or future capital projects and is in the best interest of the city; and, WHEREAS, the FY2025 Budget estimated residual balances that did not materialize to the level projected and these projected residual balances were a component of FY25 Capital Project Funding; and, WHEREAS, the Water & Sewer Capital Fund estimated a residual amount of $39,610 of which only $9,610.65 materialized; and, WHEREAS, $29,999.35 is needed to fully fund the Capital project for the Broad Street Lift Station; and, WHEREAS, the Public Safety Capital Fund estimated a residual amount of $54,337 of which only $44,968.85 materialized; and, WHEREAS, $9,368.15 is needed to fully fund the Capital project for the Emergency Services Facility Assessment; and, WHEREAS, the Airport Improvements Capital Fund estimated a residual amount of $299,808 of which only $290,563.68 materialized; and, WHEREAS, $9,244.32 is needed to fully fund the Capital project for the purchase of a new Aircraft Rescue Fire Fighting Vehicle; and, WHEREAS, transfer of funds to fully fund these capital projects 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 estimated revenues and appropriations be increased as follows: Municipal Roadway Improvements Capital Project Fund: Increase Estimated Revenues- Appropriation of Fund Balance $77,739.07 Page 4 Ordinance No. 3445-2024 Page 2 of 3 New Text Underlined; [DELETED TEXT BRACKETED] Increase Appropriations – Transfer to General Fund $77,739.07 Section 2. That the estimated revenues and appropriations be increased as follows: Water & Sewer Fund: Increase Estimated Revenues – Appropriation of Fund Balance $9,610.65 Increase Appropriations – Transfer to Water & Sewer Capital Project Fund $9,610.65 Water & Sewer Capital Project Fund: Increase Estimated Revenues – Transfer from Water & Sewer Fund $9,610.65 Increase Appropriations – Broad Street Lift Station Capital Project $9,610.65 Section 3. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Appropriation of Fund Balance $9,368.15 Increase Appropriations – Transfer to Public Safety Capital Project Fund $9,368.15 Public Safety Capital Project Fund: Increase Estimated Revenues – Transfer from General Fund $9,368.15 Increase Appropriations – Emergency Services Facility Assessment Capital Project $9,368.15 Section 4. That the estimated revenues and appropriations be increased as follows: Airport Fund: Increase Estimated Revenues – Appropriation of Fund Balance $9,244.32 Increase Appropriations – Transfer to Airport Improvements Capital Project Fund $9,244.32 Airport Improvements Capital Project Fund: Increase Estimated Revenues – Transfer from Airport Fund $9,244.32 Increase Appropriations – ARFF Vehicle Capital Project $9,244.32 Page 5 Ordinance No. 3445-2024 Page 3 of 3 New Text Underlined; [DELETED TEXT BRACKETED] Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF DECEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 4, 2024 Enacted: December 18, 2024 Effective: December 18, 2024 Page 6 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Officer DATE: November 25, 2024 SUBJECT: Ordinance 3445-2024 Capital Project Fund Balance Transfers The purpose of this memo it to recommend the enactment of Ordinance 3445-2024 that will transfer the remaining balance from a completed project back to the original funding source and transfer funds to capital projects for amounts that were projected during budget that did not materialize. These transfers will allow the residual funds to be appropriated for operations or new capital projects in the future and fully fund current year capital projects. In total $77,739.07 will be returned to the General Fund from the Municipal Roadway Improvement Capital Project Fund after completion of the N. Willow street capital project. During the FY2025 budget process there were a few capital projects that were projected to have residual balances that had additional expenditures resulting in less funds available for other projects. • The Water & Sewer Capital Project Fund projected a residual amount of $39,610 of which only $9,610.65 materialized leaving a difference of $29,999.35 to be appropriated from the Water & Sewer Fund for the Broad Street Lift Station capital project. • The Public Safety Capital Project Fund projected a residual amount of $54,337 of which only $44,968.85 materialized leaving a difference of $9,368.15 to be appropriated from the General Fund for the Emergency Services Facility Assessment capital project. • The Airport Improvements Capital Project Fund projected a residual amount of $299,808 of which only $290,563.68 materialized leaving a difference of $9,244.32 to be appropriated from the Airport Fund for the ARFF Vehicle capital project. With the enactment of Ordinance 3445-2024, funds will be returned to their original funding source related to the N. Willow Street project, where they will reside in fund balance until the passage of future ordinances appropriating the funds for operations or other capital projects. And the projects that were expected to be partially funded by projected budget savings that did not materialize will be fully funded. Your support for the enactment of Ordinance 3445-2024 is respectfully requested. Page 7 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2024-52 A RESOLUTION REINSTATING A PLAYER REGISTRATION FEE FOR THE CITY OF KENAI CITY LEAGUE BASKETBALL TO SUPPORT MORE GAMES DURING THE SEASON. WHEREAS, the City of Kenai City League Basketball has historically charged a player registration fee; and, WHEREAS, the removal of the player registration fee has shifted the financial burden primarily onto team fees, limiting the league's offerings; and, WHEREAS, the absence of a player registration fee has reduced individual accountability, leading to a lack of player commitment, which in turn has caused teams to fold or drop out of the league; and, WHEREAS, at the City League coach and players meeting, participants expressed a desire for more games during the season, which would increase the operating costs of the league; and, WHEREAS, reintroducing a player registration fee would help cover these increasing costs, ensuring the league can meet the demand for more games while maintaining financial sustainability; and, WHEREAS, a player registration fee reinforces individual accountability and signals a player’s commitment to participating, thereby reducing dropouts and ensuring teams are composed of dedicated players. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That a player registration fee of $50.00 will be added to the FY25 Fee Schedule and will be charged to each patron who participates in City League Basketball: Parks and Recreation Fees Multipurpose Facility hourly rate (reservation) $165.00 Kenai Recreation Center Weights/Cardio/Sauna - includes weight/cardio room, shower, sauna and gym. (When using the weight room, must be 16 or older unless accompanied by a guardian) Day Pass: Adults $5.00 Day Pass: College Students, Veterans & Seniors (55 and older) $2.50 High School Students and younger FREE 10 visit punch card: Adults $40.00 10 visit punch card: College Students, Veterans & Seniors (55 and older) $20.00 Monthly Pass: Adults $50.00 Monthly Pass: College Student, Veterans & Senior (55 and older) $25.00 City League Basketball (per team) $325.00 City League Basketball Player Registration (per player) $50 Page 8 Resolution No. 2024-52 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Annual Locker Rental $120.00 Racquetball & Wallyball Court Rentals - per hour and includes showers for participants. Adult Racquetball or Wallyball $15.00 Racquetball or Wallyball Punch Card (10 hours all ages) $120.00 Facility Rental - per hour Gym $50.00 1/2 Gym $25.00 Parks/Gazebos/Gardens Picnic Shelter 8:00 am - 3:00 pm $20.00 4:00 pm - 11:00 pm $20.00 Gazebo 8:00 am - 3:00 pm $25.00 4:00 pm - 11:00 pm $25.00 Community Garden Plot (each) $20.00 Adopt-A-Bench (Maintenance included.) Bench, freight, and installation at actual cost. Actual Cost Personal Use Fishery Personal Use Fishery Day Use Parking 5 am to Midnight (vehicle or up to two atv's) $22.05 Personal Use Fishery Overnight Parking Before noon of the first day to noon of the second day (vehicle or up to two atv's and one tent) $60.64 After noon of the first day to noon of the second day (vehicle or up to two atv's and one tent) $49.61 Personal Use Fishery Camping (one tent) $27.56 Personal Use Fishery Vehicle Drop Off (vehicle or up to two atv's per day) $11.03 Section 2. That this Resolution takes effect immediately upon passage PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF DECEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 9 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: December 9, 2024 SUBJECT: Resolution 2024-52 – Player Registration Fee This memo supports reinstating player registration fees for City League Basketball. During the first preseason player and coach meeting, the league participants expressed a desire for more games. Adding more games means that the league's operating costs will rise, and either team fees would have to be increased or another fee would have to be added to cover these additional costs. Reinstating player registration fees was selected as the best option to cover the cost. Historically, the league has charged a player registration fee. The removal of the fee shifted the financial burden primarily onto team fees. The absence of a registration fee has also reduced individual accountability, resulting in player dropouts and, in some cases, team dissolution. Reinstating the player registration fee would help cover these increased costs, ensuring the league can meet participant requests while maintaining financial sustainability. Moreover, the fee would reinforce player accountability and commitment, fostering a more stable and reliable team environment. Page 10 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2024-53 A RESOLUTION APPROVING EXTENSIONS AND AMENDMENTS TO TWO AGREEMENTS WITH THE STATE OF ALASKA DIVISION OF FORESTRY AND FIRE PROTECTION. WHEREAS, the City executed two agreements with State Division of Forestry and Fire Protection to support spruce bark beetle mitigation, hazard fuel reduction and urban interface mitigation of hazard fuels; and, WHEREAS, the funds for these two agreements have not been fully expended and extensions are needed as the Agreements expire December 31, 2024 and there is still work to; and, WHEREAS, amendments to the Agreements will expand the scope of allowable work; and, WHEREAS, extending and amending the two Agreements are in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council approves the two attached amendments and authorizes the City Manager to execute them on behalf of the City. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18TH DAY OF DECEMBER, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 11 AMENDMENT NO. 1 TO MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY & FIRE PROTECTION AND THE CITY OF KENAI TO SUPPORT URBAN INTERFACE MITIGATION OF HAZARD FUELS ON CITY PROPERTIES (FOREST DRIVE) PURPOSE OF AMENDMENT NO. 1 This Amendment No. 1 (Amendment) is the first amendment to the Memorandum of Agreement (MOA) between the State of Alaska, Department of Natural Resources, Division of Forestry & Fire Protection (DOF); and the City of Kenai (City) to Support Urban Interface Mitigation of Hazard Fuels on City Properties (Forest Drive), dated August 29, 2022, and effective on November 3, 2022 under a supplemental Master Agreement MA 10 230000042-01. The purpose of this Amendment is to extend the expiration date of the MOA until December 31, 2025, extend the due date for the final report, and expand the allowable treatment acreage. Funds authorized by the MOA were not exhausted during the completion of the original scope of work and a balance of the original funding amount remains available for phase 3 work. This Amendment does not increase the remaining balance of the original total funding amount of $385,000. AMENDMENTS Pursuant to the amendment and renewal options in MOA Article 4.D, the parties agree to amend the MOA as follows: Article 3. PROJECT SCOPE AND RESPONSIBILITIES MOA Article 3 originally specified the treatment of 105 acres at areas identified in the CWPP. MOA Article 3 is amended to add the following new paragraph at the end of the section: Page 12 PAGE | 2 AMENDMENT NO.1 TO SUPPORT URBAN INTERFACE MITIGATION OF HAZARD FUELS ON CITY PROPERTIES (FOREST DRIVE) “The parties agree to expand the designated treatment area beyond the original 105 acres, to include additional City-owned property requiring treatment to remove hazardous fuels necessary to address wildland fire hazards.” Article 4.D REPORTING The parties agree to amend Article 4.D by replacing the final report due date with the following: “A final report is due within 60 days after project completion or the Agreement termination date, whichever occurs first.” Article 6. EFFECTIVE DATE AND PERIOD OF PERFORMANCE The State of Alaska Master Agreement MA 10 230000042-01, which supplemented the MOA, set an effective date November 3, 2022, and an expiration date of December 31, 2024. While MOA Article 4.D referenced an expiration date in Article 6, the MOA mistakenly did not include Article 6. The parties agree to insert a new Article 6 to the MOA, as follows: “Article 6 – EFFECTIVE DATE AND PERIOD OF AGREEMENT This Agreement was effective on November 3, 2022. This Agreement will expire on December 31, 2025.” All other terms and conditions of the MOA not expressly amended above remain the same. Upon full execution of this Amendment, the parties agree to amend the MOA as specified. Printed Name Signature Date Coastal Region Fuels Specialist - Division of Forestry & Fire Protection Printed Name Signature Date City Manager, City of Kenai, Signatory Page 13 PAGE | 3 AMENDMENT NO.1 TO SUPPORT URBAN INTERFACE MITIGATION OF HAZARD FUELS ON CITY PROPERTIES (FOREST DRIVE) Printed Name Signature Date Deputy Director - Division of Forestry & Fire Protection Page 14 AMENDMENT NO. 1 TO MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY & FIRE PROTECTION AND THE CITY OF KENAI TO SUPPORT SPRUCE BEETLE AND HAZARD FUELS REDUCTION PURPOSE OF AMENDMENT NO. 1 This Amendment No. 1 (Amendment) is the first amendment to the Memorandum of Agreement (MOA) between the State of Alaska, Department of Natural Resources, Division of Forestry & Fire Protection (DOF); and the City of Kenai (City) to Support Spruce Beetle Mitigation and Hazard Fuels Reduction, dated June 2, 2022. The purpose of this Amendment is to extend the expiration date of the MOA until December 31, 2025, extend the due date for the final report, and confirm that collection sites may be utilized for processing of hazardous fuels materials removed from City-owned properties. Funds authorized by the MOA were not exhausted during the completion of the original scope of work and a balance of the original funding amount remains available. This Amendment does not increase the remaining balance of the original total funding amount of $150,000. AMENDMENTS Pursuant to the amendment and renewal options in MOA Article 9, the parties agree to amend the MOA as follows: Article 3. SCOPE OF WORK MOA Article 3, item 1 in the Scope of Work is amended and replace with the following: “1. Provide one or two collection sites for city residents and other City hazardous fuels removal operations to drop off woody debris.” The parties agree that the use of collections sites as stated above is a clarification, rather than addition of the allowable purposes of the MOA. Page 15 PAGE | 2 AMENDMENT NO. 1 TO SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Article 6. REPORTING The parties agree to amend Article 6 by replacing the final report due date with the following: “A final report is due within 60 days after project completion or the Agreement termination date, whichever occurs first.” Article 8. EFFECTIVE DATE AND PERIOD OF AGREEMENT The parties agree to amend Article 8 by replacing the expiration date of the MOA, as follows: “This Agreement will expire on December 31, 2025.” All other terms and conditions of the MOA not expressly amended above remain the same. Upon full execution of this Amendment, the parties agree to amend the MOA as specified. Printed Name Signature Date Coastal Region Fuels Specialist - Division of Forestry & Fire Protection Printed Name Signature Date City Manager, City of Kenai, Signatory Printed Name Signature Date Deputy Director - Division of Forestry & Fire Protection Page 16 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: December 13, 2024 SUBJECT: Resolution 2024-53 - Approving Extensions and Amendments to Two Agreements with the State of Alaska Division of Forestry and Fire Protection The City previously executed the attached agreements with the State Division of Forestry and Fire Protection to support mitigation of hazard fuels and spruce beetle mitigation. The Agreements expire at the end of the year, however available funding remains and there is still plenty of work to do. The Amendments proposed in this Resolution will extend the term for another year and expand the allowable scope of work that can be accomplished with the funding. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 17 Department of Natural Resources MA 10 230000042 - 1 BILL TO: SHIP TO: Forestry Anchorage Forestry 550 West 7th Avenue Suite 1450 Anchorage, AK 99501-3566 Extended Description: Removal of dead spruce trees that have been affected by spruce bark beetles on parcels identified in the Community Wildfire Protection Plan (CWPP) CERTIFICATION I certify that the facts herein and on supporting documents are correct, that this voucher constitutes a legal charge against funds and appropriations cited, that sufficient funds are encumbered to pay this obligation, or that there is a sufficient balance in the appropriation cited to cover this obligation. I am aware that to knowingly make or allow false entries or alternations on a public record, or knowingly destroy, mutilate, suppress, conceal, remove or otherwise impair the verity, legibility or availability of a public record constitutes tampering with public records punishable under AS 11.56.815-.820. Other disciplinary action may be taken up to and including dismissal. PR O CUR EMENT OFFICER: Initials: Name: MICHAEL BURKHEAD Contact: 907-269-8461 Date: Email: michael.burkhead@alaska.gov SIGNATURES Name: Title: Signature: Date: Name: Title: Signature: Date: Name: Title: Signature: Date: TERMS AND CONDITIONS No. Name Section 002 Appendix A IRIS Master Agreement Function: null Page 2 2 of 2 , Page 19 MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF NATURAL RESOURCESS, Division of Forestry and Fire Protection AND THE CllY OF KENAI TO SUPPORT URBAN INTERFACE MITIGATION OF HAZARD FUELS ON CllY PROPERTIES (FOREST DRIVE) ARTICLE 1: PARTIES The parties of this Agreement are the State of Alaska, Department of Natural Resources, (DNR) Division of Forestry and Fire Protection (DOF) and the City of Kenai. ARTICLE 2: AUTHORITY and GENERAL INTENT AUTHORITIES: Pursuant to AS 41.15.0SS(e), the State Forester can enter into cooperative agreements as specified under that chapter to complete tasks identified in this document. The City of Kenai is a "government agency" that the State Forester can enter into a/this cooperative agreement with. ARTICLE 3: PROJECT SCOPE AND RESPONSIBILITIES PURPOSE: The City of Kenai is to remove dead spruce trees that have been affected by spruce bark beetles on parcels identified in the Community Wildfire Protection Plan (CWPP) and the project proposal submitted to the Division of Forestry and Fire Protection Fuels Program. This scope of work covers the 105 acres described in detail below. Hazard fuel reduction and disposal can take place via hand or mechanical means, by City employees or workers contracted by the City, to the site prescription identified below. THE ALASKA DEPARMTENT OF NATURAL RESOURCES, DIVISION OF FORESTRY AND FIRE PROTECTION WILL: 1. Provide financial compensation for the entire duration of this Agreement, total funding not to exceed $385,000.00. Page 20 4.B -FINANCIAL TERMS 1. DOF will reimburse the City of Kenai for the wages of personnel who assist with the prescribed hazardous fuels treatment, including for personnel to manage and secure the project sites. 2. DOF will reimburse the City of Kenai for contractor expenses incurred in relation to the fuels treatment project. 3. DOF will reimburse for the City of Kenai for equipment expenses incurred in relation to the fuel treatment projects. 4.C -BILLING PROCESS 1. Request for payment shall be submitted on City of Kenai letterhead. Requests shall have verification backup information attached linking to the scope of work outlined in Article 3. Point of Contact for all pay items: Diane Campbell, State of Alaska, Division of Forestry and Fire Protection, 42499 Sterling Highway, Soldotna, AK, 99669, or electronically at diane.campbell@alaska.gov 4.D -REPORTING The City of Kenai will provide quarterly reports and a final project report to the Division of Forestry. Quarterly reports will include information on estimated acres treated, personnel assigned to the project site(s), contractors used, photos that help illustrate the quarterly accomplishments, along with other pertinent information. DOF may use any photos in other reports and/or social media. A final report is due by December 31, 2024 Page 13 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Page 21 execute the same on behalf of their respective organizations. No oral statement by any person shall be interpreted as amending or otherwise affecting the terms of this Agreement. Any party to this Agreement may request that it be amended, whereupon the parties wil I consult to consider such amendment. This Ag reement includes renewal o ptions, to be exercised solel y at the discretion of The Division of Forestr y and Fire Protection. Renewal periods will not extend past one calendar year. If a renewal option is not exercised by DOF, the Agreement shall be considered expired on the expiration date noted in Article 6 and does not require notification of such by DOF. All exercised renewal options shall be executed via written amendment to the Agreement. ARTICLE 8. TERMINATION Either party may terminate this Agreement at any time prior to its expiration date, with or without cause, by giving the other party at least thirty days prior written notice of termination. The party initiating the written notice of termination will not incur any liability or obligation to the terminated party, other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date. The party receiving the written notice of termination will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be established based on payments issued prior to termination and, as appropriate, a refund or bill will be issued. ARTICLE 9: DISPUTES Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final. Page 15 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Page 22 8/29/2022Paul Ostrander ARTICLE 16: ENTIRE AGREEMENT This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Diane Campbell Printed Name Date ~~4Uf1 sinatur e Kenai-Kodiak Area Forester, Division of Forestry -Point of Contact Printed Name Date Signature Date City of Kenai Signatory/Point of Contact Printed Name Date Signature Date Deputy Director, Division of Forestry Michael Burkhead Printed Name Date Signature Date Procurement Specialist Ill, Division of Forestry Page I 8 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Page 23 MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF NATURAL RESOURCESS, Division of Forestry AND THE CITY OF KENAI TO SUPPORT SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION ARTICLE 1. PARTIES The parties of this Agreement are the State of Alaska, Department of Natural Resources, (DNR) Division of Forestry (DOF) and the City of Kenai. ARTICLE 2. PURPOSE The City of Kenai will provide a means of disposal of woody biomass for Kenai area residences in a safe and effective manner. Intent of this agreement is to reduce the potential for escaped debris burns and mitigate spread of the spruce beetle through hazard fuel reduction in accordance with the terms of this Agreement. ARTICLE 3. SCOPE OF WORK The City of Kenai shall provide the following services : Page 11 1. Provide one or two collection sites for city residents to drop off woody debris. 2. Provide management and security at collection locations when open to the public. 3. Chip, grind or burn all woody debris that is received at disposal locations. 4. Provide payment to contractors if or when used on this project. 5. Develop a system to track amount of biomass received and a metric to determine estimated acres treated. 6. Assist Division of Forestry with initial public outreach to inform residents of the collection site and provide updates for continued public information on the project. SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Page 24 ARTICLE 4. CONTRACT COMPENSATION The compensation for the entire duration of this Agreement shall not exceed $150,000.00. The Division of Forestry will reimburse the City of Kenai for the wages of the personnel who chipped, ground, mulched, or burned to dispose of the woody biomass, including cost for personnel to manage and secure the collection sites. DOF will reimburse for the equipment that was used to chip, grind, mulch or burn the material received from the public. DOF will reimburse the City of Kenai for contractor expenses related to chipping or disposal of material collected from the public. ARTICLE 5. Billin g Process Request for payment shall be submitted on City of Kenai letterhead. Requests shall have verification backup information attached linking to the scope of work outlined in Article 3. Request for payment shall be submitted to the DOF point of contacted listed in Article 7. ARTICLE 6. Reportin g The City of Kenai will provide yearly reports and a final project report to the Division of Forestry. Yearly reports will include information on estimated acres treated, personnel assigned to disposal site, contractors used along with other pertinent information. DOF encourages the City of Kenai to include photos that help illustrate the yearly accomplishments and may use these photos in reports and/or social media. A final report is due by December 31 5\ 2024. ARTICLE 7. POINTS OF CONTACT Diane Cam p bel l. Kena i/Kodiak Area Forester State of Alaska Division of Forest ry 42499 Sterling Hi ghwa y Soldotna , AK 99669 diane.cam p bell @alaska.gov Ton y Prior, Fire Chief Cit y of Kenai Fire De partment 105 S. Willow Street Kenai . AK 99611 tprior@kenai.city ARTICLE 8. EFFECTIVE DATE AND PERIOD OF AGREEMENT The effective date of this Agreement is the date of the last signature. This Agreement shall expire on December 3l5t, 2024, unless otherwise amended in accordance with Article 9. ARTICLE 9. CHANGES AND AMENDMENTS Changes and/or amendments to this Agreement shall be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will Page 12 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Page 25 be executed in writing and signed by the authorized representative of each party . The parties signing this Agreement and any subsequent amendment{s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person shall be interpreted as amending or otherwise affecting the terms of this Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendment. This Agreement includes 1 renewal o ption , to be exercised solel y at the discretion of The Division of Forestry. If a renewal option is not exercised by DOF, the Agreement shall be considered expired on the expiration date noted in Article 8 and does not require notification of such by DOF . All exercised renewal options shall be executed via written amendment to the Agreement. ARTICLE 10. TERMINATION Either party may terminate this Agreement at any time prior to its expiration date, with or without cause, by giving the other party at least thirty days prior written notice of termination. The party initiating the written notice of termination will not incur any liability or obligation to the terminated party, other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date. The party receiving the written notice of termination will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be established based on payments issued prior to termination and, as appropriate, a refund or bill will be issued. ARTICLE 11. DISPUTES Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final. ARTICLE 12. WORKPLACE CONDUCT The State of Alaska is an equal opportunity employer and does not discriminate in employment on the basis of race, color, religion, sex, national origin, age. disability, marital status, changes in marital status, pregnancy, and parenthood. This includes behavior such as making threats, abusive language, slurs, unwelcome jokes, teasing and other such verbal or physical conduct. Creating a hostile work environment will not be condoned . This includes verbal or physical conduct of a sexual nature, making unwelcome sexual advances or requests for sexual favors, and unreasonably interfering with the work of others. ARTICLE 13. PARTIES RESPONSIBLE FOR THEIR OWN ACTS The City of Kenai and the State of Alaska, including but not limited to the Alaska Department of Natural Resources and/or the Alaska Division of Forestry, each agree that they will be responsible for their own acts, omissions, or other culpable conduct and neither shall be responsible for the actions or inactions of the other. Each party agrees to defend itself Page I 3 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Page 26 individually from claims, demands, or liabilities arising out of any activities authorized by this Agreement or the performance thereof. In any claim arising out of the performance of this Agreement, whether sounding in tort, contract, or otherwise, and whether alleging sole liability, joint liability, vicarious liability, or otherwise, each party shall defend itself but may assert comparative fault, the sole liability of another, or any other defense, affirmative defense, or request for relief. ARTICLE 14. LEGISLATIVE APPROPRIATIONS The State is a government entity, and it is understood and agreed that the State's payments herein provided for may be paid from Alaska State Legislative appropriations; and approval or continuation of an agreement is contingent upon Legislative appropriation. The State reserves the right to terminate the agreement in whole or part if, in its sole judgment, the Legislature of the State of Alaska fails, neglects, or refuses to appropriate sufficient funds as may be required for the State to continue such payments; or if the Executive Branch mandates any cuts or hold backs in spending, or if funds are not budgeted or otherwise available. Further, in the event of non-appropriation, the State shall not be liable for any penalty, expense, or liability; or for general, special, incidental, consequential, or other damages resulting therefrom. ARTICLE 15. FORCE MAJEURE The parties to this contract are not liable for the consequences of any failure to perform, or default in performing, any of their obligations under this Agreement, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the respective party. For the purposes of this Agreement, Force Majeure will mean war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power; lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required; inability to secure materials, machinery, equipment or labor because of priority, allocation or other regulations of any governmental authorities. ARTICLE 16. LAWS AND REGULATIONS Nothing in this Agreement is intended to conflict with the Federal, State, or local laws or regulations. If there are conflicts, this Agreement will be amended to bring it into conformation with applicable laws and regulations. ARTICLE 17. EXPENDITURE OF FUNDS Nothing in this Agreement shall obligate any party in the expenditure of funds or future payments of money in excess of appropriations authorized by law . Page J 4 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Page 27 06/02/22 ARTICLE 18. ENTIRE AGREEMENT This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Date Deputy Director, Division of Forestry 02 '= ~ ,f sjz.on- Date Kenai/Kodiak Area Forester, Division of Forestry Date City of Kenai signatory point of contact Page I 5 SPRUCE BEETLE MITIGATION AND HAZARD FUEL REDUCTION Page 28 KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 4, 2024 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR HENRY KNACKSTEDT, PRESIDING City of Kenai Council Meeting Page 1 of 6 December 4, 2024 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on December 4, 2024, in City Hall Council Chambers, Kenai, AK. Vice Mayor Knackstedt called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Knackstedt led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Henry Knackstedt, Vice Mayor Brian Gabriel, Mayor (remote participation) Sovala Kisena Deborah Sounart Alex Douthit Victoria Askin A quorum was present. Absent: Phil Daniel Also in attendance were: **Xiling Tanner, Student Representative Terry Eubank, City Manager David Swarner, Finance Director Tyler Best, Parks and Recreation Director Lee Frey, Public Works Director Shellie Saner, City Clerk 3. Agenda and Consent Agenda Approval Vice Mayor Knackstedt noted the following additions to the Packet: Add to item H.7. Discussion - Scheduling a Joint Work Session with Kenaitze • Memo and Draft Agenda Add to item 5.1. City Manager’s Report • Kenai River Special Management Advisory Board Meeting Report MOTION: Council Member Askin MOVED to approve the agenda and consent agenda with the requested revisions. Council Member Sounart SECONDED the motion. The items on the Consent Agenda were read into the record. Vice Mayor Knackstedt opened the floor for public comment on consent agenda items; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. Page 29 City of Kenai Council Meeting Page 2 of 6 December 4, 2024 *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED ADMINISTRATIVE REPORTS - None. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. PUBLIC HEARINGS 1. Ordinance No. 3444-2024 - Accepting and Appropriating a Grant from the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans’ Affairs to Hire a Contractor to Add a Cybersecurity Section to the City’s Emergency Operations Plan. (Administration) MOTION: Council Member Askin MOVED to enact Ordinance No. 3444-2024. Council Member Sounart SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. VOTE: YEA: Gabriel, Kisena, Douthit, Askin, Knackstedt, Sounart NAY: None ABSENT: Daniel **Student Representative Tanner: Yea MOTION PASSED. 2. Resolution No. 2024-48 - Approving the Use of the Fleet Replacement Fund for the Purchase of Three Ford Police Interceptors Utilizing the State of Alaska Equipment Fleet Contract. (Administration) MOTION: Council Member Sounart MOVED to adopt Resolution No. 2024-48. Council Member Askin SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported that three vehicles were scheduled for replacement in FY25; this would allow the use of Equipment Replacement Fund; and procurement would be through the State of Alaska Fleet Procurement contract. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. 3. Resolution No. 2024-49 - Authorizing the Acceptance of 2018 and 2020 Copper River and Prince William Sound Salmon Disaster Relief Funds. (Administration) MOTION: Council Member Askin MOVED to adopt Resolution No. 2024-49. Council Member Sounart SECONDED the motion. Page 30 City of Kenai Council Meeting Page 3 of 6 December 4, 2024 Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. 4. Resolution No. 2024-50 - Authorizing the Acceptance of 2018 East Side Set Gillnet and 2020 Upper Cook Inlet Salmon Disaster Relief Funds. (Administration) MOTION: Council Member Sounart MOVED to adopt Resolution No. 2024-50. Council Member Douthit SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Appreciation was stated for the efforts of the Kenai Peninsula Fisherman’s Association on this matter. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. 5. Resolution No. 2024-51 - Adopting an Alternative Allocation Method for the FY25 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Fisheries Management Area 14: Cook Inlet Area. (Administration) MOTION: Council Member Sounart MOVED to adopt Resolution No. 2024-51. Council Member Dothit SECONDED the motion. Vice Mayor Knackstedt opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. It was reported there were two allocation methods; the first included a cumbersome application process; the second, simpler method splits 50% of the funds evenly and allocates the remaining 50% based on population; and the City expect to receive $427. UNANIMOUS CONSENT was requested. VOTE: Motion APPROVED; without objection. F. MINUTES 1. *Regular Meeting of November 20, 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 - Non-Objection to Renewal of a Restaurant/Eating Place Liquor License for Los Compadres Mexican Restaurant LLC, DBA Los Compadres Mexican Restaurant - License No. 5859. (City Clerk) Approved by the consent agenda. Page 31 City of Kenai Council Meeting Page 4 of 6 December 4, 2024 3. *Action/Approval - Ninety Day Extension of Special Use Permit to Cook Inlet Natural Gas Storage Alaska for Vehicle Parking. (Administration) Approved by the consent agenda. 4. *Action/Approval - Special Use Permit for Snow Storage for Schilling Alaska, Inc. (Administration) Approved by the consent agenda. 5. *Action/Approval - Special Use Permit for Snow Storage for Alaska Sure Seal, Inc. (Administration) Approved by the consent agenda. 6. *Ordinance No. 3445-2024 - Decreasing Estimated Revenues and Appropriation in the Kenai City Municipal Roadway Improvement Capital Project Funds to Transfer Residual Balance from Completed Projects Back to Their Original Funding Sources, and Increasing Estimated Revenues and Appropriation in the Kenai City Water & Sewer, Public Safety, and Airport Improvements Capital Project Funds to Fully Fund Projects Approved in the FY2025 Budget. (Administration) Introduced by the consent agenda and Public Hearing set for December 18, 2024. 7. Discussion - Scheduling a Joint Work Session with Kenaitze. (Administration) There was discussion regarding Council Members availability. It was reported that this item will be on the December 18, 2024 agenda after receiving confirmation from the Kenaitze Indian Tribe on the proposed dates. I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Commission No report, next meeting December 12, 2024. 2. Airport Commission No report, next meeting December 12, 2024 3. Harbor Commission No report, next meeting February 10, 2025. 4. Parks and Recreation Commission No report, next meeting canceled. 5. Planning and Zoning Commission No report, next meeting December 11, 2024. 6. Beautification Commission Council Member Askin reported on the December 3, 2024 Work Session. J. REPORT OF THE MAYOR Mayor Gabriel thanked Vice Mayor Knackstedt for filling in and said he was looking forward to getting home. K. ADMINISTRATION REPORTS Page 32 City of Kenai Council Meeting Page 5 of 6 December 4, 2024 1. City Manager - City Manager Eubank reported on the following: • The land sale will take place this Saturday, December 7, 2024; detailed information is available on the City’s website; and over 30 people have initiated the registration process. • Meeting with Alaska Airlines next week to discuss activities and potential interest at the Kenai Airport. • Christmas Comes to Kenai was a great success and there were approximately 1,200 visitors at the Chamber on Friday. • Public Safety Building Program RFP has been released; responses are due January 14, 2025. 2. City Attorney - No report. 3. City Clerk - City Clerk Saner reported on the following: • License renewal notices have been sent to Mobile Food Vendors. L. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) 2. Council Comments Mayor Gabriel stated appreciation for the Kenai River Special Management Area Advisory Report from Parks and Recreation Director Best. Council Member Douthit reported on his contributions to the Christmas Comes to Kenai event; stated the team did an amazing job on the event; this year included live reindeer, inflatables, free pictures with Santa and a Grinch; and noted the parade was one of the longest seen in years. Student Representative Tanner reported there were no events for Kenai Alternative until after winter break; for Connection there will be a family skating and craft day and a Youth Christmas music program held at Heritage Place; and provided an update on sporting and musical events for Kenai Central High School. Council Member Sounart stated how much she enjoyed Christmas Comes to Kenai; and reported that the Kenai Peninsula Orchestra is hosting Christmas concerts in Kenai and Homer. Council Member Askin stated she attended Christmas Comes to Kenai, noting the fireworks were great and her Grandson enjoyed reindeers; and she is looking forward to the Alaska Municipal League Conference next week. Council Member Kisena noted he was out of town for the Thanks Giving Holiday and he was sorry to have missed Christmas Comes to Kenai. Vice Mayor Knackstedt complimented the Parks and Recreation Department, noting the holiday lights were delightful; thanked the administration for the work session; reported attending the Kenai Craft Fair; and said he was looking forward to the Land Auction. M. EXECUTIVE SESSION - None. N. PENDING ITEMS - None. O. ADJOURNMENT P. INFORMATIONAL ITEMS - None. Page 33 City of Kenai Council Meeting Page 6 of 6 December 4, 2024 There being no further business before the Council, the meeting was adjourned at 6:22 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 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 will not affect the outcome of the official council vote. Advisory votes will be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 34 PAYMENTS OVER $35,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: DECEMBER 18, 2024 VENDOR DESCRIPTION PERS PERS HOMER ELECTRIC ELECTRIC USAGE INVESTMENTS VENDOR DESCRIPTION DEPARTMENT VARIOUS VARIOUS MATURITY DATE ACCOUNT LIABILITY UTILITIES AMOUNT AMOUNT 123,580.76 119,573.24 Effect. lnl Page 35 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: December 2, 2024 SUBJECT: Action/Approval – Uptown Motel/Louie’s Liquor License Renewal The following establishment has submitted an application to the Alcohol and Marijuana Control Office (AMCO) for a renewal of license: Applicant: Schilling Alaska, LLC D/B/A: Uptown Motel/Louie’s License Type: Beverage Dispensary Tourism Liquor License License No.: 1859 Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and they have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the liquor license renewal will be forwarded to the ABC Board and the applicants. Your consideration is appreciated. Page 36 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 7, 2024 From: Alcohol.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Schilling Alaska, Inc. DBA: Uptown Motel/Louie’s VIA email: duane@uptownmotel.com CC: None Local Government 1: Kenai Local Government 2: Kenai Peninsula Borough Via Email: micheleturner@kpb.us; jkasper@kpb.us; sessert@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jrasor@kpb.us; cityclerk@kenai.city Community Council: n/a Via Email: Re: Beverage Dispensary - Tourism #1859 Combined Renewal Notice License Number: #1859 License Type: Beverage Dispensary - Tourism Licensee: Schilling Alaska, Inc. Doing Business As: Uptown Motel/Louie’s Physical Address: 47 Spur View Drive, Kenai, AK 99611 Designated Licensee: Schilling Alaska, Inc. Phone Number: (907) 283-3660 Email Address: duane@uptownmotel.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to the local governing body(ies), your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Page 37 Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(ies) will have 60 days to protest the renewal of your license. Your application will be scheduled for the November 19th, 2024 board meeting for Alcoholic Beverage Control Board consideration. The address and call-in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS 04.11.480(a). Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above listed licenses within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsement, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat-Su Borough only) We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above referenced entities regarding the above application, as required under AS 04.11.310(b) and AS 04.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely, Kyle Helie, Licensing Examiner II For Lizzie Kubitz, Acting Director Page 38 Action History (UTC-08 :00) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/8/2024 11 :25 :31 AM (Form Submission) by Brandon McElrea 11/8/2024 11 :31 :50 AM (Lands Review) • The task was assigned to Brandon McElrea. The due date is: November 19, 2024 5 :00 PM 11/8/2024 11 :25:33 AM by David Ross 11/8/2024 12: 11:47 PM (Police Department Review) • The task was assigned to David Ross . The due date is: November 19, 2024 5:00 PM 11/8/2024 11 :25:32 AM by Joe Fisher 11/8/2024 12:30:57 PM (Building Official Review) • The task was assigned to Joe Fisher. The due date is: November 19, 2024 5 :00 PM 11/8/2024 11 :25:32 AM by Tina Williamson 11/8/2024 1 :50:47 PM (Finance Asst Review) • The task was assigned to Tina Williamson . The due date is: November 19, 2024 5:00 PM 11/8/2024 11 :25:32 AM by Jeremy Hamilton 11/8/2024 3:33:51 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is : November 19, 2024 5:00 PM 11/8/2024 11 :25:32 AM by Cindy Herr 11/8/2024 4:55:48 PM (Legal Asst Review) " There are no monies owed in restitution or fines . • The task was assigned to Cindy Herr. The due date is : November 19, 2024 5:00 PM 11/8/2024 11 :25:33 AM by Kevin Buettner 11/8/2024 4 :59:37 PM (P&Z Department Review) • The task was assigned to Planning_Director. The due date is : November 19, 2024 5 :00 PM 11/8/2024 4:55:50 PM • Kevin Buettner assigned the task to Kevin Buettner 11/8/2024 4:59:29 PM by David Swarner 11/12/2024 11 :59 :25 AM (Finance Review) • The task was assigned to David Swarner. The due date is : November 19 , 2024 5:00 PM 11/8/2024 4 :55:50 PM by Scott Bloom 12/2/2024 5:52 :07 PM (Legal Review) • The task was assigned to City_Attorney. The due date is: November 19, 2024 5 :00 PM 11/8/2024 4 :55:50 PM • Scott Bloom assigned the task to Scott Bloom 12/2/2024 5:52 :04 PM Page 39 AMCO License Application Date 11/8/2024 Establishment Information License Type Beverage Dispensary -Tourism Licensee Schilling Alaska, Inc. Doing Business As Uptown Motel/Louie 's Premises Address 47 Spur View Drive Contact Information Contact Licensee David Schilling Contact Phone No. 907-283-3660 Additional Contact Information Name Duane Bannock Phone No. 907-283-3660 Documents File Upload City, State Kenai , AK Contact Email dave@uptownmotel .com Email duane@uptownmotel .com #1859 Application Summary + License Renewal + AB-37 Tourism Statement.pdf 1021.08KB 267.46KB #1859 Uptown Motel-Louie's Renewal Notice .pdf Page 40 Document reference ID : 1089 Licensing Application Summary Application ID: 1089 Applicant Name: Schilling Alaska , Inc . License Type applied for: Beverage Dispensary Tourism License (BDTL) (AS 04.09.350) Application Status: In Review Application Submitted On: 12/08/2023 Entity Information Business Structure: Corporation Alaska Entity Number (CBPL): 39992D Entity Contact Information Entity Address: 47 Spur View Drive, Kenai , AK, 99611, USA Premises Address Nearest municipality, city, and/or borough: Kenai Country, State, Zip: AK, United States, 99611 Basic Business information Bus iness/Trade Name: Uptown Motel/Louie's Local Government and Community Council Details City/Municipality Borough Kenai (City of) Kenai Peninsula Borough Public Notice Posting Attestation and Publishers Affidavit Attestations I certify that all proposed licensees (as defined in AS 04.11.260) and affiliates have been listed on this application. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued . Page 41 100723356 Page 42 Page 43 Page 44 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2160 | (F) 907-714-2388 | www.kpb.us Office of the Borough Clerk Thursday, November 14, 2024 Sent via email: cityclerk@kenai.city Shellie Saner, City Clerk City of Kenai RE: Non-Objection of Application Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: duane@uptownmotel.com; mailto:amco.localgovernmentonly@alaska.gov Licensee/Applicant : Schilling Alaska, Inc. Business Name : Uptown Motel/Louie's License Type : Beverage Dispensary/Tourism License Location : 18021 Kenai Spur Highway, Kenai, AK 99611, City of Kenai License No. : 1859 Application Type : License Renewal Page 48 MEMORANDUM TO: Mayor Gabriel and Kenai Council Members FROM: Shellie Saner, City Clerk DATE: December 2, 2024 SUBJECT: Marijuana License Renewals – Red Run Cannabis The following establishment submitted applications to the Alcohol and Marijuana Control Office (AMCO) for a renewal of marijuana licenses: Applicant: Red Run Cannabis Cultivators, LLC. D/B/A: Red Run Cannabis Cultivators, LLC License Type: Standard Marijuana Cultivation License No: 10052 Applicant: Red Run Cannabis Cultivators, LLC. D/B/A: Red Run Cannabis Cultivators, LLC. License Type: Marijuana Product Manufacturing Facility License No: 19372 Applicant: Red Run Cannabis Company, LLC. D/B/A: Red Run Cannabis Company, LLC License Type: Retail Marijuana Store License No: 10056 Pursuant to KMC 2.40 a review of City accounts has been completed and the applicant has satisfied all obligations to the City. With the approval of Council, letters of non-objection to the marijuana license renewals will be forwarded to AMCO and applicant. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 49 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 7, 2024 From: marijuana.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Red Run Cannabis Cultivators, LLC DBA: Red Run Cannabis Cultivators, LLC VIA email: marc@redruncannabiscompany.com Local Government: Kenai (city of), Kenai Peninsula Borough Via Email: micheleturner@kpb.us; jkasper@kpb.us; sessert@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jrasor@kpb.us cityclerk@kenai.city Community Council: Via Email: CC: n/a Re: Standard Marijuana Cultivation Facility #10052 Combined Renewal Notice License Number: #10052 License Type: Standard Marijuana Cultivation Facility Licensee: Red Run Cannabis Cultivators, LLC Doing Business As: Red Run Cannabis Cultivators, LLC Physical Address: 5455 Kenai Spur Highway Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3 AAC 306.060. HE STATE 01ALASKA GOVERNOR MIKE DUNLEAVY Page 50 At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications. However, the board is required to consider this application independently if you have been issued any notices of violation for this license, if your local government protests this application, or if a public objection to this application is received within 30 days of this notice under 3 AAC 306.065. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2024/2025 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary, the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat-Su Borough only) AMCO has received a complete renewal application for the above listed license within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To object to the approval of this application pursuant to 3 AAC 306.065, you must furnish the director and the applicant with a clear and concise written statement of reasons for the objection within 30 days of the date of this notice. We recommend that you contact the local government with jurisdiction over the proposed premises to share objections you may have about the application. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for ■ Page 51 this license, the board will consider the application independently. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email marijuana.licensing@alaska.gov. Sincerely, Hunter Carrell For Lizzie Kubitz, Acting Director 907-269-0350 V1~r1 Page 52 Action History (UTC-08 :00) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/8/2024 12 :01 :59 PM (Form Submission) by David Ross 11/8/2024 12: 12:56 PM (Police Department Review) • The task was assigned to David Ross. The due date is: November 19, 2024 5:00 PM 11/8/2024 12:02:00 PM by Brandon McElrea 11/8/2024 12: 17: 15 PM (Lands Review) " CUP Annual Report Current through 2024 . Compliant with all conditions of CUP. No Code violations . • The task was assigned to Brandon McElrea. The due date is: November 19, 2024 5:00 PM 11/8/2024 12:02:01 PM by Joe Fisher 11/8/2024 12:32: 12 PM (Building Official Review) • The task was assigned to Joe Fisher. The due date is: November 19, 2024 5:00 PM 11/8/2024 12:02:00 PM by Tina Williamson 11/8/2024 1 :50:40 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is: November 19, 2024 5:00 PM 11/8/2024 12:02:01 PM by Cindy Herr 11/8/2024 4:57:50 PM (Legal Asst Review) " There are no monies owed in restitution or fines . • The task was assigned to Cindy Herr. The due date is: November 19, 2024 5:00 PM 11/8/2024 12:02:01 PM by Kevin Buettner 11/8/2024 5:01 :56 PM (P&Z Department Review) • The task was assigned to Planning_Director. The due date is: November 19, 2024 5:00 PM 11/8/2024 4:57:51 PM • Kevin Buettner assigned the task to Kevin Buettner 11/8/2024 5:01 :43 PM by David Swarner 11/12/2024 11 :54 :42 AM (Finance Review) • The task was assigned to David Swarner. The due date is: November 19, 2024 5:00 PM 11/8/2024 4:57 :51 PM by Jeremy Hamilton 11/15/2024 5:40 :50 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is: November 19, 2024 5:00 PM 11/8/2024 12:02:00 PM by Scott Bloom 12/2/2024 5:51 :15 PM (Legal Review) • The task was assigned to City_Attorney . The due date is: November 19, 2024 5:00 PM 11/8/2024 4:57 :51 PM • Scott Bloom assigned the task to Scott Bloom 12/2/2024 5:51 :11 PM Page 53 AMCO License Application Date 11/8/2024 Establishment Information License Type Standard Marijuana Cultivation Facility Licensee Red Run Cannabis Cultivators, LLC Doing Business As Red Run Cannabis Cultivators, LLC Premises Address 5455 Kenai Spur Highway Contact Information Contact Licensee Marc Theiler Contact Phone No. 907-953-9453 Additional Contact Information Name Phone No. Documents File Upload 10052 2024-2025 Renewal Notice.pdf City, State Kenai, AK MJ-20 10052 Cultivation -Marc -Signed.pdf MJ-20 10052 Cultivation -Roger -Signed.pdf online app_Redacted .pdf Contact Email marc@redruncannabiscompany.com Email 270.15KB 778 .39KB 469.18KB 146.96KB Page 54 AMCO Alcohol and Marijuana Control Office 550 W Jth Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerc e.alaska.gov/web/amco Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2024-2025 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e}(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application. Licensee: Red Run Cannabis Cultivators, LLC I License Number: I 10052 License Type: Standard Marijuana Cultivation Facility Doing Business As: Red Run Cannabis Cultivators, LLC Premises Address: 5455 Kenai Spur Highway City: Kenai I State: I Alaska I ZIP: Section 2 -Individual Information Enter information for the individual licensee who is completing this form. I Name: I Marc Theiler Member Section 3 -Violations & Charges 199611 Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. l[m I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. � I certify that a notice of violation has not been issued for this license between July 1, 2023 and June 30, 2024. l?"Jbl Sign your initials to the following statement only if you are unable to certify one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements, which includes I' N/ A I the type of violation or offense, as required under 3 AAC 306.035(b). [Form MJ-20] (rev 4/30/2024) Page 1 of 2 AMCO RCVD 6/14/2024 Title: r Page 55 Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Section 5 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l}, in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Marc Theiler Printed name of licensee Signature of licensee Initials N/A [Form MJ-20] (rev 5/1/2023) License# 1 0052 Page2of2 AMCO RCVD 6/14/2024 Page 56 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 [Form MJ-20] (rev 4/30/2024) Page 1 of 2 Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.015(a). This form must be completed and submitted to AMCO’s Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Enter information for the licensed establishment, as identified on the license application. Licensee: License Number: License Type: Doing Business As: Premises Address: City: State: ZIP: Enter information for the individual licensee who is completing this form. Name: Title: Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued for this license between July 1, 2023 and June 30, 2024. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). Section 1 – Establishment Information Section 2 – Individual Information Section 3 – Violations & Charges Red Run Cannabis Cultivators, LLC 10052 Standard Marijuana Cultivation Facility Red Run Cannabis Cultivators, LLC 5455 Kenai Spur Highway Kenai Alaska 99611 Roger Boyd Member N/A DocuSign Envelope ID: 0BA59F1A-DBA0-4150-BE9F-5B92ED58FF5E I I I I I I □ Page 57 [Form MJ-20] (rev 5/1/2023) Page 2 of 2 License #___________________ Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials Section 5 – Certifications I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development’s laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. _______________________________________ Signature of licensee ________________________________________ Printed name of licensee 10052 10052, 10056, 19372 Roger Boyd DocuSign Envelope ID: 0BA59F1A-DBA0-4150-BE9F-5B92ED58FF5E ("";DocuSigned by : ~r,:,,0~~1~. Page 58 Department of Commerce, Community, & Economic Development Alcohol & Marijuana Control Office License #10052 Initiating License Application 6/13/2024 2:20:48 PM Licensee #1 Type: Entity Alaska Entity Number: 10035361 Alaska Entity Name: Red Run Cannabis Cultivators, L LC Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany. com Mailing Address: 5455 Kenai Spur Hwy Kenai, AK 99611 UNITED STATES Entity Official #1 Type: Individual Name: Marc Theiler SSN: Date of Birth: Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany. com Mailing Address: 5455 Kenai Spur Hwy Kenai, AK 99611 UNITED STATES Entity Official #2 Type: Individual Name: Roger Boyd SSN: Date of Birth: Phone Number: 907-398-7848 Email Address: rogerboyd@hotmail.com Mailing Address: 37095 K-Beach Road Kenai, AK 99611 UNITED STATES License Number: 10052 License Status: Active-Operating License Type: Standard Marijuana Cultivation Facility Doing Business As: RED RUN CANNABIS CULTIVATORS, LLC Business License Number: 1032376 Designated Licensee: Marc Theiler Email Address: marc@redruncannabiscompany.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Community Council: Latitude, Longitude: 60.332000, -151.063600 Physical Address: 5455 Kenai Spur Highway Kenai, AK 99611 UNITED STATES Note: No affiliates entered for this license. -- -- Page 59 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2160 | (F) 907-714-2388 | www.kpb.us Office of the Borough Clerk Thursday, November 21, 2024 Sent via email: cityclerk@kenai.city Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Standard Marijuana Cultivation Facility Business Name : Red Run Cannabis Cultivators, LLC License Location : Kenai/5455 Kenai Spur Highway, Kenai, AK 99611 License No. : 10052 License Type : Standard Marijuana Cultivation Facility Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: marc@redruncannabiscompany.com amco.localgovernmentonly@alaska.gov Page 60 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 15, 2024 From: marijuana.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Red run Cannabis Cultivators, LLC DBA: Red Run Cannabis Cultivators, LLC VIA email: marc@redruncannabiscompany.com Local Government: Kenai Peninsula Borough, Kenai (city of) Via Email: micheleturner@kpb.us; jkasper@kpb.us; sessert@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jrasor@kpb.us Community Council: Via Email: CC: n/a Re: Marijuana Product Manufacturing Facility #19372 Combined Renewal Notice License Number: #19372 License Type: Marijuana Product Manufacturing Facility Licensee: Red run Cannabis Cultivators, LLC Doing Business As: Red Run Cannabis Cultivators, LLC Physical Address: 12516 Kenai Spur Hwy Suite A Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any HE STATE 01ALASKA GOVERNOR MIKE DUNLEAVY Page 61 non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3 AAC 306.060. At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications. However, the board is required to consider this application independently if you have been issued any notices of violation for this license, if your local government protests this application, or if a public objection to this application is received within 30 days of this notice under 3 AAC 306.065. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2024/2025 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary, the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat-Su Borough only) AMCO has received a complete renewal application for the above listed license within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To object to the approval of this application pursuant to 3 AAC 306.065, you must furnish the director and the applicant with a clear and concise written statement of reasons for the objection within 30 days of the date of this notice. We recommend that you contact the local government with jurisdiction over the proposed premises to share objections you may have about the application. ■ Page 62 At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application independently. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email marijuana.licensing@alaska.gov. Sincerely, Hunter Carrell For Lizzie Kubitz, Acting Director 907-269-0350 Vl~}i, Page 63 Action History (UTC-08 :00) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/21/2024 12 :13 :26 PM (Form Submission) by Jeremy Hamilton 11/21/2024 12:14:02 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is : December 2, 2024 5:00 PM 11/21/2024 12:13:28 PM by Cindy Herr 11/21/2024 12:19:36 PM (Legal Asst Review) " There are no monies owed in fines or restitution . • The task was assigned to Cindy Herr. The due date is : December 2 , 2024 5 :00 PM 11/21/2024 12:13:29 PM by David Ross 11/21/2024 12 :20:33 PM (Police Department Review) • The task was assigned to David Ross . The due date is : December 2, 2024 5:00 PM 11/21/2024 12:13:28 PM by Brandon McElrea 11/21/2024 12:28:22 PM (Lands Review) " CUP Annual Report Current through 2024. Compliant with all conditions of CUP. No Code violations. • The task was assigned to Brandon McElrea. The due date is: December 2, 2024 5 :00 PM 11/21/2024 12:13 :29 PM by Joe Fisher 11/21/2024 1 :19:34 PM (Building Official Review) • The task was assigned to Joe Fisher. The due date is : December 2, 2024 5:00 PM 11/21/2024 12:13 :28 PM by Tina Williamson 11/21/2024 3:46:04 PM (Finance Asst Review) • The task was assigned to Tina Williamson. The due date is : December 2 , 2024 5:00 PM 11/21/2024 12:13 :29 PM by Scott Bloom 11/21/2024 3:56:46 PM (Legal Review) • The task was assigned to City_Attorney. The due date is: December 2, 2024 5:00 PM 11/21/2024 3:46 :06 PM • Scott Bloom assigned the task to Scott Bloom 11/21/2024 3:56:40 PM by David Swarner 11/21/2024 4 :01 :07 PM (Finance Review) • The task was assigned to David Swarner. The due date is : December 2 , 2024 5:00 PM 11/21/2024 3:46:06 PM by Kevin Buettner 12/2/2024 4:47 :10 PM (P&Z Department Review) • The task was assigned to Planning_Director . The due date is: December 2, 2024 5:00 PM 11/21/2024 3:46:06 PM • Kevin Buettner assigned the task to Kevin Buettner 12/2/2024 4 :47:06 PM Page 64 AMCO License Application Date 11/21/2024 Establishment Information License Type Marijuana Product Manufacturing Facility Licensee Red run Cannabis Cultivators, LLC Doing Business As Red run Cannabis Cultivators, LLC Premises Address 12516 Kenai Spur Hwy Suite A Contact Information Contact Licensee Marc Theiler Contact Phone No. 907-953-9453 Additional Contact Information Name Phone No. Documents File Upload City, State Kenai , AK 19372 2024-2025 Renewal Notice.pdf 19372_2024-11-21_AMCO _Non_ Obj_Ltr_Renewal.pdf Mj 20 Combo 19372.pdf online application_Redacted .pdf Contact Email marc@redruncannabiscompany.com Email 269.74KB 610.24KB 617.68KB 150 .24KB Page 65 AMCO Alcohol and Marijuana Control Office 550 W Jth Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2024-2025 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application. Licensee: Red Run Cannabis Cultivators, LL C I License Number: I 19372 License Type: Marijuana Product Manufacturing Facility Doing Business As: Red Run Cannabis Cult ivators, LLC Premises Address: 12516 Kenai Spur Hwy, Suite A City: Kenai I State: I Alaska I ZIP: 199611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form. I Name, 'Marc Theiler Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. � I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. � I certify that a notice of violation has not been issued for this license between July 1, 2023 and June 30, 2024. I n ·I Sign your initials to the following statement only if you are unable to certify one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements, which includes I N/ A Ithe type of violation or offense, as required under 3 AAC 306.03S(b). [Form MJ-20) (rev 4/30/2024) Page 1 of 2 . Title: Page 66 Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Section 5 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Marc Theiler Printed name of licensee Signature of licensee Initials N/A � [Form MJ-ZO] (rev 5/1/2023) License# 19372 PageZofZ 1 I Page 67 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 [Form MJ-20] (rev 4/30/2024) Page 1 of 2 Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.015(a). This form must be completed and submitted to AMCO’s Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Enter information for the licensed establishment, as identified on the license application. Licensee: License Number: License Type: Doing Business As: Premises Address: City: State: ZIP: Enter information for the individual licensee who is completing this form. Name: Title: Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued for this license between July 1, 2023 and June 30, 2024. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). Section 1 – Establishment Information Section 2 – Individual Information Section 3 – Violations & Charges Red Run Cannabis Cultivators, LLC 19372 Marijuana Product Manufacturing Facility Red Run Cannabis Cultivators, LLC 12516 Kenai Spur Hwy, Suite A Kenai Alaska 99611 Roger Boyd Member N/A DocuSign Envelope ID: 0BA59F1A-DBA0-4150-BE9F-5B92ED58FF5E I I I I I I □ Page 68 [Form MJ-20] (rev 5/1/2023) Page 2 of 2 License #___________________ Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials Section 5 – Certifications I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development’s laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. _______________________________________ Signature of licensee ________________________________________ Printed name of licensee 19372 10052, 10056, 19372 Roger Boyd DocuSign Envelope ID: 0BA59F1A-DBA0-4150-BE9F-5B92ED58FF5E ("";DocuSigned by: ~?.:,0~~1~. Page 69 Department of Commerce, Community, & Economic Development Alcohol & Marijuana Control Office License #19372 Initiating License Application 6/13/2024 2:34:15 PM Licensee #1 Type: Entity Alaska Entity Number: 10035361 Alaska Entity Name: Red Run Cannabis Cultivators, L LC Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany. com Mailing Address: 5455 Kenai Spur Hwy Kenai, AK 99611 UNITED STATES Entity Official #1 Type: Individual Name: Marc Theiler SSN: Date of Birth: Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany. com Mailing Address: 5455 Kenai Spur Hwy Kenai, AK 99611 UNITED STATES Entity Official #2 Type: Individual Name: Roger Boyd SSN: Date of Birth: Phone Number: 907-398-7848 Email Address: rogerboyd@hotmail.com Mailing Address: 37095 K Beach Rd Kenai, AK 99611 UNITED STATES License Number: 19372 License Status: Active-Operating License Type: Marijuana Product Manufacturing Facility Doing Business As: RED RUN CANNABIS CULTIVATORS, LLC Business License Number: 1032376 Designated Licensee: Marc Theiler Email Address: marc@redruncannabiscompany.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Community Council: Latitude, Longitude: 60.561105, -151.287650 Physical Address: 12516 Kenai Spur Hwy Suite A Kenai, AK 99611 UNITED STATES Note: No affiliates entered for this license. -- -- Page 70 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2160 | (F) 907-714-2388 | www.kpb.us Office of the Borough Clerk Thursday, November 21, 2024 Sent via email: cityclerk@kenai.city Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Marijuana Product Manufacturing Facility Business Name : Red Run Cannabis Cultivators, LLC License Location : Kenai/12516 Kenai Spur Hwy Suite A, Kenai, AK 99611 License No. : 19372 License Type : Marijuana Product Manufacturing Facility Dear Ms. Saner, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don’t hesitate to let us know. Sincerely, Michele Turner, CMC Borough Clerk cc: marc@redruncannabiscompany.com amco.localgovernmentonly@alaska.gov Page 71 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 November 7, 2024 From: marijuana.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Red Run Cannabis Cultivators, LLC DBA: Red Run Cannabis Cultivators, LLC VIA email: marc@redruncannabiscompany.com Local Government: Kenai (city of), Kenai Peninsula Borough Via Email: micheleturner@kpb.us; jkasper@kpb.us; sessert@kpb.us; mjenkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jrasor@kpb.us cityclerk@kenai.city Community Council: Via Email: CC: n/a Re: Retail Marijuana Store #10056 Combined Renewal Notice License Number: #10056 License Type: Retail Marijuana Store Licensee: Red Run Cannabis Cultivators, LLC Doing Business As: Red Run Cannabis Cultivators, LLC Physical Address: 5455 Kenai Spur Highway Suite B Kenai, AK 99611 Designated Licensee: Marc Theiler Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany.com ☒ License Renewal Application ☐ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents, AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any HE STATE 01ALASKA GOVERNOR MIKE DUNLEAVY Page 72 non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3 AAC 306.060. At the May 15, 2017 Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications. However, the board is required to consider this application independently if you have been issued any notices of violation for this license, if your local government protests this application, or if a public objection to this application is received within 30 days of this notice under 3 AAC 306.065. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2024/2025 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary, the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat-Su Borough only) AMCO has received a complete renewal application for the above listed license within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To object to the approval of this application pursuant to 3 AAC 306.065, you must furnish the director and the applicant with a clear and concise written statement of reasons for the objection within 30 days of the date of this notice. We recommend that you contact the local government with jurisdiction over the proposed premises to share objections you may have about the application. ■ Page 73 At the May 15, 2017, Marijuana Control Board meeting, the board delegated to AMCO Director the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application independently. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email marijuana.licensing@alaska.gov. Sincerely, Hunter Carrell For Lizzie Kubitz, Acting Director 907-269-0350 Vl~}i, Page 74 Action History (UTC-08 :00) Submit Approve Approve Approve Approve Approve Approve Approve Approve Approve by Meghan Thibodeau 11/8/2024 12 :04 :03 PM (Form Submission) by David Ross 11/8/2024 12: 14:06 PM (Police Department Review) • The task was assigned to David Ross . The due date is: November 19, 2024 5:00 PM 11/8/2024 12:04 :04 PM by Brandon McElrea 11/8/2024 12: 17:06 PM (Lands Review) " CUP Annual Report Current through 2024 . Compliant with all conditions of CUP. No Code violations . • The task was assigned to Brandon McElrea . The due date is : November 19, 2024 5:00 PM 11/8/2024 12:04 :04 PM by Joe Fisher 11/8/2024 12:32:44 PM (Building Official Review) • The task was assigned to Joe Fisher. The due date is: November 19, 2024 5:00 PM 11/8/2024 12:04 :04 PM by Tina Williamson 11/8/2024 1 :50:53 PM (Finance Asst Review) • The task was assigned to Tina Williamson . The due date is: November 19, 2024 5:00 PM 11/8/2024 12:04 :04 PM by Cindy Herr 11/8/2024 4:57:39 PM (Legal Asst Review) " There are no monies owed in restitution or fines . • The task was assigned to Cindy Herr. The due date is: November 19 , 2024 5:00 PM 11/8/2024 12:04 :04 PM by Kevin Buettner 11/8/2024 5:01 :32 PM (P&Z Department Review) • The task was assigned to Planning_Director. The due date is: November 19 , 2024 5:00 PM 11/8/2024 4 :57:41 PM • Kevin Buettner assigned the task to Kevin Buettner 11/8/2024 5:00 :05 PM by David Swarner 11/12/2024 11 :54 :54 AM (Finance Review) • The task was assigned to David Swarner. The due date is : November 19, 2024 5:00 PM 11/8/2024 4 :57:40 PM by Jeremy Hamilton 11/15/2024 5:40 :41 PM (Fire Marshall Review) • The task was assigned to Jeremy Hamilton. The due date is : November 19, 2024 5:00 PM 11/8/2024 12:04:03 PM by Scott Bloom 12/2/2024 5:51 :59 PM (Legal Review) • The task was assigned to City_Attorney . The due date is: November 19 , 2024 5:00 PM 11/8/2024 4 :57:40 PM • Scott Bloom assigned the task to Scott Bloom 12/2/2024 5 :51 :55 PM Page 75 AMCO License Application Date 11/8/2024 Establishment Information License Type Retail Marijuana Store Licensee Red Run Cannabis Cultivators , LLC Doing Business As Red Run Cannabis Cultivators, LLC Premises Address 5455 Kenai Spur Highway Suite B Contact Information Contact Licensee Marc Theiler Contact Phone No. 907-953-9453 Additional Contact Information Name Phone No. Documents File Upload City, State Kenai , AK 10056 2024-2025 Renewal Notice.pdf MJ-20 10056 Retail -Marc -Signed .pdf MJ-20 10056 Retail -Roger -Signed.pdf online application_Redacted .pdf Contact Email marc@redruncannabiscompany.com Email 270.49KB 795 .08KB 469.21 KB 147 .27KB Page 76 AMCO Alcohol and Marijuana Control Office 550 W ]lh Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Alaska Marijuana Control Board Phone: 907.269.0350 Form MJ-20: 2024-2025 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17 .38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a). This form must be completed and submitted to AMCO's Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Section 1 -Establishment Information Enter information for the licensed establishment, as identified on the license application. Licensee: License Type: Doing Business As: Premises Address: Red Run Cannabis Company, LLC I License Number: I 10056 Retail Marijuana Store Red Run Cannabis Company, LLC 5455 Kenai Spur Highway, Suite B City: Kenai I State: I Alaska I z1P: 199611 Section 2 -Individual Information Enter information for the individual licensee who is completing this form. I Name: I Marc Theiler Member Section 3 -Violations & Charges Read each line below, and then sign your initials in the box to the right of any applicable statements: I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued for this license between July 1, 2023 and June 30, 2024. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: I have attached a written explanation for why I cannot certify one or more ofthe above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). [Form MJ-20) (rev 4/30/2024) Initials IN/A I Page1of2 AMCO RCVD 6/14/2024 . Title: Initials Page 77 ��""�"'* �irt"t,,"" J Alaska Marijuana Control Board AMCO Form MJ-20: 2024-2025 Renewal Application Certifications Section 5 -Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.0lS(e)(l), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.03S(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Marc Theiler Printed name of licensee Signature of licensee Initials /Irr I NIA l [Form MJ-20] (rev 5/1/2023) License# 1 0056 Page2of2 AMCO RCVD 6/14/2024 Page 78 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 [Form MJ-20] (rev 4/30/2024) Page 1 of 2 Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Why is this form needed? This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in the business for which a marijuana establishment license is issued, per 3 AAC 306.015(a). This form must be completed and submitted to AMCO’s Anchorage office by each licensee (as defined in 3 AAC 306.020(b)(2)) before any license renewal application will be considered complete. Enter information for the licensed establishment, as identified on the license application. Licensee: License Number: License Type: Doing Business As: Premises Address: City: State: ZIP: Enter information for the individual licensee who is completing this form. Name: Title: Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years. I certify that a notice of violation has not been issued for this license between July 1, 2023 and June 30, 2024. Sign your initials to the following statement only if you are unable to certify one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements, which includes the type of violation or offense, as required under 3 AAC 306.035(b). Section 1 – Establishment Information Section 2 – Individual Information Section 3 – Violations & Charges Red Run Cannabis Company, LLC 10056 Retail Marijuana Store Red Run Cannabis Company, LLC 5455 Kenai Spur Highway, Suite B Kenai Alaska 99611 Roger Boyd Member N/A DocuSign Envelope ID: 0BA59F1A-DBA0-4150-BE9F-5B92ED58FF5E I I I I I I □ Page 79 [Form MJ-20] (rev 5/1/2023) Page 2 of 2 License #___________________ Alaska Marijuana Control Board Form MJ-20: 2024-2025 Renewal Application Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials Section 5 – Certifications I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana establishment license has been issued. I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a) along with this application. I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development’s laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. Initial this box if you are submitting an original fingerprint card and the applicable fees to AMCO for AMCO to obtain criminal justice information and a national criminal history record required by AS 17.38.200 and 3 AAC 306.035(d). If I have multiple marijuana licenses being renewed, I understand one fingerprint card and fee will suffice for all marijuana licenses being renewed. If multiple licenses are held, list all license numbers below: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. _______________________________________ Signature of licensee ________________________________________ Printed name of licensee 10056 10052, 10056, 19372 Roger Boyd DocuSign Envelope ID: 0BA59F1A-DBA0-4150-BE9F-5B92ED58FF5E ("";DocuSigned by: ~r,:,,0~~1~. Page 80 Department of Commerce, Community, & Economic Development Alcohol & Marijuana Control Office License #10056 Initiating License Application 6/13/2024 2:22:19 PM Licensee #1 Type: Entity Alaska Entity Number: 10035362 Alaska Entity Name: Red Run Cannabis Company, LL C Phone Number: 907-953-9453 Email Address: marc@redruncannabiscompany. com Mailing Address: 5455 Kenai Spur Hwy Kenai, AK 99669 UNITED STATES Entity Official #1 Type: Individual Name: Roger Boyd SSN: Date of Birth: Phone Number: 907-398-7848 Email Address: rogerboyd@hotmail.com Mailing Address: 37095 K-Beach Road Kenai, AK 99611 UNITED STATES Entity Official #2 Type: Individual Name: Marc Theiler SSN: Date of Birth: Phone Number: 907-953-9453 Email Address: marc@kenaiattorney.com Mailing Address: 105 Trading Bay Road, Ste 103 Kenai, AK 99611 UNITED STATES License Number: 10056 License Status: Active-Operating License Type: Retail Marijuana Store Doing Business As: RED RUN CANNABIS COMPANY, LLC Business License Number: 1032472 Designated Licensee: Marc Theiler Email Address: marc@redruncannabiscompany.com Local Government: Kenai (City of) Local Government 2: Kenai Peninsula Borough Community Council: Latitude, Longitude: 60.332000, -151.063600 Physical Address: 5455 Kenai Spur Highway Suite B Kenai, AK 99611 UNITED STATES Note: No affiliates entered for this license. -- -- Page 81 144 North Binkley Street, Soldotna, AK 99669 | (P) 907-714-2160 | (F) 907-714-2388 | www.kpb.us Office of the Borough Clerk Thursday, November 21, 2024 Sent via email: cityclerk@kenai.city Shellie Saner, City Clerk City of Kenai RE: Renewal Application for Retail Marijuana Store Business Name : Red Run Cannabis Company LLC License Location : Kenai/5455 Kenai Spur Highway, Suite B, Kenai, AK 99611 License No. : 10056 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: marc@redruncannabiscompany.com amco.localgovernmentonly@alaska.gov Page 82 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: December 9, 2024 SUBJECT: Action/Approval – Special Use Permit to Echo Lake Meats for Use of 20 Square Feet of Terminal Space at the Kenai Municipal Airport Echo Lake Meats is requesting a Special Use Permit for 20 square feet of Airport Terminal space for a vending machine that will sell meat sticks, jerky, and cheese spread. Echo Lake Meats has submitted the Special Use Application and paid the $100 application fee. The Special Use Permit will be effective for 12 months, commencing on January 1, 2025 and ending on December 31, 2025. The Airport Commission reviewed the application at their regularly scheduled meeting on December 12th, and recommended approval. Your support for a Special Use Permit to Echo Lake Meats, LLC is respectfully requested. Page 83 Special Use Permit – Vending Machine Page 1 of 7 SPECIAL USE PERMIT 2025 The CITY OF KENAI (City) grants to Erick Watkins with Echo Lake Meats, LLC (Permittee), whose address is P.O. Box 2536, Soldotna, AK 99669, a Special Use Permit (Permit) for a vending machine inside the Kenai Municipal Airport terminal building subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non-exclusive right to use an area in the terminal approximately 5 feet by 4 feet in size (20 SF) 2. Term. The term of this Permit shall be for 12 months commencing on January 1, 2025 and ending on December 31, 2025. Regardless of the date of signature, this Permit shall be effective as of January 1, 2025. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: In-terminal Concession Certified Activity Report attached. (Exhibit B) The semi-annual fee for Fiscal Year 2025 from January 1, 2025 to June 30, 2025 for this permit is $535.00 ($53.50/SF/Year) plus applicable sales tax based on the City of Kenai Fee Schedule of Rates, Charges, and fees for Fiscal Year 2025. The semi-annual fee for Fiscal Year 2026 from July 1, 2025 to December 31, 2025 for this permit is $535.00 ($53.50/SF/Year) plus applicable sales tax, adjusted for the published City of Kenai Fee Schedule of Rates, Charges and Fees for Fiscal Year 2026. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. Failure to timely make the payment is grounds for termination of this Permit. 4. Use. The use of the Premises by Permittee is for the purpose of placing a vending kiosk to sell meat and cheese products. Use of the Premises by Permittee is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities and is further subject to the following conditions: Page 84 Special Use Permit – Vending Machine Page 2 of 7 Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Airport and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, their guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. 6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee germane to a commercial entity. 8. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee’s insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per- occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee’s fuel handling activities. The policy must name the City as an additional insured. B. Worker’s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide worker’s compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Page 85 Special Use Permit – Vending Machine Page 3 of 7 Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company/corporation currently rated “A-” or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee’s insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by January 1, 2025. The effective date of the insurance shall be no later than January 1, 2025. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 9. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. Page 86 Special Use Permit – Vending Machine Page 4 of 7 10. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City’s staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with or arising from or out of Permittee’s activities on or use of the Premises, Permittee’s access to the Kenai Municipal Airport, and/or Permittee’s exercise of the privileges granted in this Permit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 11. No Discrimination. Permittee shall not discriminate against any person because of the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 12. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 13. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport’s eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City’s grant assurances and federal obligations. 14. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 15. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. Page 87 Special Use Permit – Vending Machine Page 5 of 7 16. No Joint Venture. City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises or elsewhere at the Kenai Municipal Airport. 17. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 18. Personal Property. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit (or any renewal thereof). Personal property placed or used upon the Premises will be removed and/or impounded by the City, if not removed upon termination of this Permit and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 19. Termination; Default. This Permit may be terminated by either party hereto by giving fourteen (14) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than fourteen (14) days, to protect public health and safety or due to a failure of Permittee to comply with conditions or terms of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 20. Definitions. As used in this Permit, “Permittee” means Erick Watkins with Echo Lake Meats LLC, and where the context reasonably indicates, its officers, agents, and employees. “Airport” means the Kenai Municipal Airport. 18. Janitorial and Cleaning Services. Permittee will provide, at its own expense, the day-to-day janitorial cleaning services and supplies necessary to maintain the premises in a clean, neat, and sanitary condition. 19. Security. Permittee will adhere to all applicable responsibilities of the federal airport security program set out in Federal Aviation Regulations Part 107 and the Airport Master Security Program. Permittee will procure any required identification badges should it be necessary to access the premises or Permittee’s operations authorized under this Permit. 20. Smoking. Neither the Permittee employees, nor customers may smoke in or around the terminal except in designated smoking areas. Page 88 Special Use Permit – Vending Machine Page 6 of 7 21. Employee Parking. Employees may use non-exclusive employee vehicle parking spaces at no charge. All employees must register their vehicle(s) in the Airport Manager’s office to receive a vehicle-parking permit to park while on the job. Permittee shall be held accountable for Permittee’s employees’ use of designated vehicle parking facilities and assure that employees comply with all Airport directives. 22. Signs. Permittee may, after consent by the Airport Manager, install signs at its premises identifying its business. Permittee will request the Airport Manager’s advance written approval before installation of any signage. CITY OF KENAI By: Terry Eubank Date Erick Watkins, Echo Lake Meats, LLC By: Erick Watkins Date STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of _____________, 2024, the foregoing instrument was acknowledged before me by Terry Eubank, City Manager, of the City of Kenai, an Alaska municipal corporation, on behalf of the City. ________________________________ Notary Public for Alaska My Commission Expires: ____________ Page 89 Special Use Permit – Vending Machine Page 7 of 7 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of ______________, 2024, the foregoing instrument was acknowledged before me by Erick Watkins, Owner, Echo Lake Meats, LLC. ________________________________ Notary Public for Alaska My Commission Expires: ____________ Approved as to form: ___________________ Scott Bloom City Attorney Page 90 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3446-2024 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT FROM THE ALASKA FOOD COALITION TO THE KENAI SENIOR CENTER. WHEREAS, the Alaska Food Coalition funds grants to member agencies involved in fighting hunger in Alaska; and, WHEREAS, the Kenai Senior Center is a member of the Alaska Food Coalition and has received a grant of $905; and, WHEREAS, the funds will be used to purchase additional shelving for food storage; 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 $905 and to expend the grant funds to fulfill the purpose and intent of this Ordinance. Section 2. That the following budget revision is authorized: Senior Citizen Fund: Increase Revenues – Miscellaneous Grants $905 Increase Appropriations – Small Tools & Minor Equipment $905 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 15TH DAY OF JANUARY, 2025. ___________________________________ Brian Gabriel Sr., Mayor Page 91 Ordinance No. 3446-2024 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: December 18, 2024 Enacted: January 15, 2025 Effective: January 15, 2025 Page 92 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Kathy Romain, Senior Center Director DATE: December 12, 2024 SUBJECT: Ordinance 3446-2024 – An Ordinance Accepting and Appropriating a Grant from the Alaska Food Coalition The Kenai Senior Center is honored to receive a $905 grant from the Alaska Food Coalition. These funds are designated for small-scale, capacity-building initiatives aimed at creating a lasting impact in the fight against food insecurity across Alaska. The grant will be utilized to purchase shelving to enhance food capabilities for the Senior Center. Thank you for your consideration. Page 93 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: December 11, 2024 SUBJECT: Certificate of Acceptance Notice This Action/Approval item requests Council’s approval of the City Manager executing the attached “Certificate of Acceptance Notice.” Robert Ruffner, Planning Director at the Kenai Peninsula Borough will be available to explain from the Borough’s perspective why the City should execute the certificate. My understanding is that a developer that previously developed a subdivision in the City is not satisfied that dedication of a right-of-way on a plat approved by the City and Borough is sufficient to convey title of the right-of-way to the City. The developer believes there may be some retained liability on his part with regard to the right-of-way. While it does not appear the developer’s worries are supported by law or fact, from the perspective of the legal department, I do not see much risk in the City executing the Certificate, and it will apparently resolve a dispute for the Borough that has been consuming significant Borough resources. Page 94 CERTIFICATE OF ACCEPTANCE NOTICE The Kenai Peninsula Borough ("Borough") and the City of Kenai ("City") hereby file this notice of certificate of acceptance. This notice is being filed at the request of the abutting landowner for the purpose of providing said landowner peace-of-mind that the City previously accepted the dedications through the platting process for Plat 2015-25. Pursuant to state law, an offer of dedication is accepted upon official action by the platting authority and recordation of the plat. This Notice has no bearing on the validity of Plat 2015-25 nor any other approved and recorded plats within the Borough or City. Certificate of Acceptance The undersigned official identified by name and title is authorized to re-accept and hereby confirms re-acceptance on behalf of the City of Kenai for public uses and for public purposes of the real property dedicated by the Plat including easements, rights-of-way, alleys, and other public areas shown on Kee's Tern Subdivision Phase 1, According to Plat 2015-25, Kenai Recording District, State of Alaska and identified as follows: Beginning at the brass cap monument found at the Northwest corner of said Plat; Thence N89⁰59’30”E, a distance of 30.00 feet; Thence South, a distance of 102.71 feet; Thence N90⁰00’00”W, a distance of 30.00 feet to the center line of N. Fern Street; Thence N00⁰02’31”W, a distance of 102.71 feet to the point of beginning; Containing 0.07 acre, more or less. The acceptance of lands for public use or public purpose does not obligate the public nor any governing body to construct, operate, or maintain improvements. If there is any discrepancy or conflict between this certificate and Plat 2015-25, Plat 2015-25 controls. ______________________________ Date:____________ By: Terry Eubank, Title: City Manager, City of Kenai ______________________________ Date:____________ By: Peter A. Micciche Title: Mayor, Kenai Peninsula Borough Page 95 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Terry Eubank, City Manager DATE: December 10, 2024 SUBJECT: Discussion/Approval - Scheduling a Joint Work Session with the Kenaitze Indian Tribe The Administration has contacted the Kenaitze Indian Tribe regarding scheduling a joint work session. The Tribal Council has selected Wednesday, January 15, at 3:00 p.m. as their preferred date, with January 16, at 6:00 p.m. as a secondary option. The purpose of this session is to facilitate discussions on mutual interests and explore opportunities for future collaboration. Previous topics have included the Kenai Waterfront Revitalization, Old Town Playground refurbishment, grant opportunities, coordination between Tribal Security and the Kenai Police Department, and supporting Tribal activities. The Tribe will finalize additional discussion items at their meeting on December 19. This session is proposed to take place at the Kenai Visitor and Cultural Center on January 15, 2025, from 3:00 p.m. to 5:00 p.m. If the City Council is available, we will work with the Tribe to finalize the agenda. Thank you for your consideration. Page 96 KENAI COUNCIL ON AGING – REGULAR MEETING NOVEMBER 14, 2024 – 3:00 P.M. KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 CHAIR KEN AYERS, PRESIDING Council on Aging Meeting Page 1 of 3 November 14, 2024 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Council on Aging was held on November 14, 2024, at the Kenai Senior Center, Kenai, AK. Chair Ayers called the meeting to order at approximately 3:00 p.m. 1. Pledge of Allegiance Chair Ayers led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Ken Ayers, Chair Rachael Craig, Vice Chair Velda Geller William Sadler Jim Glendening Kit Hill A quorum was present. Absent: Frances Kilfoyle Barbara Modigh Also in attendance were: Kathy Romain, Senior Center Director Henry Knackstedt, City Council Liaison Lee Frey, Public Works Director 3. Agenda Approval MOTION: Commissioner Glendening MOVED to approve the agenda as presented. Commissioner Hill SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF MINUTES 1. September 12, 2024 MOTION: Commissioner Glendening MOVED to approve the September 12, 2024 Council on Aging minutes. Vice Chair Craig SECONDED the motion. VOTE: There being no objection; SO ORDERED. Page 97 Council on Aging Meeting Page 2 of 3 November 14, 2024 E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Recommending Council Consideration of Council on Aging Commission FY2026 - FY2030 Capital Improvement Project Priority List. MOTION: Commissioner Glendening MOVED to recommend City Council approval of the Council on Aging Commission FY2026 - FY2030 Capital Improvement Project Priority List. Commissioner Hill SECONDED the motion. Director Romain gave a staff report from information provided in the packet. Discussion followed on the information provided. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 2. Discussion/Recommendation - Recommending Council Investigate the Need for Additional Senior Housing. Chair Ayers mentioned he would like to table this motion as it was not written correctly. Discussion followed that the Commission would like to investigate additional senior housing. MOTION: Commissioner Glendening MOVED TO TABLE the item and Commission Craig SECONDED the motion. There was no discussion on the motion. VOTE: There being no objection; SO ORDERED. [Clerk’s Note: A motion to Lay on the Table is a subsidiary motion and is only in order when a main motion is on the floor. The motion to Table was out of order as there was no main motion on the floor; this item will be forwarded to the next agenda as Unfinished Business which was not take up on the agenda in which it was originally placed.] 3. Discussion - Review 2024 Council on Aging Work Plan and selection of Member to Draft the 2024 Work Plan Final Report. Chair Ayers reviewed a work plan regarding the proposed Council on Aging website. Commissioner discussion followed with suggestions as follows: • “Bring a Friend to Lunch” be layered with activities. • Add the Senior Center website to the existing City website. • Senior Housing: Vice Chair Craig discussed the cost of moving out of state and what can the City do to promote senior living. • Research assistance, i.e. intergenerational programs. Note those currently active and identify other opportunities. A letter was written to various educational programs and will be clarified by the City Clerk. Chair Ayers requested a motion to approve a Council on Aging member attend a City Council meeting for the purpose of speaking to the Council regarding the Council on Aging’s interest in exploring additional senior housing in the City of Kenai. He volunteered to do this. MOTION: Page 98 Council on Aging Meeting Page 3 of 3 November 14, 2024 Commissioner Glendening MOVED to approve Chair Ayers attending a City Council meeting for the purpose of addressing the City Council regarding the Council on Aging exploring additional senior housing in the City of Kenai. Vice Chair Craig SECONDED the motion. VOTE: There being no objection; SO ORDERED. MOTION: Chair Ayers MOVED to prepare a report and provide it to the City Council in January with Commissioner Glendening presenting the report to Council. Vice Chair Craig SECONDED the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Senior Center Director – Director Romain reported on the following: • Reviewed the September 30, 2024 Borough Quarterly Report and August and October 2024 Senior Center Monthly Reports which were included in the packet. • Announced a new exercise program in coordination with the City of Kenai Parks and Recreation. 2. Commission Chair – Chair Ayers reported on the following: • He would be meeting with Director Romain to coordinate the efforts related to the items discussed at this meeting. • His term on the Council on Aging would end in January. 3. City Council Liaison – Council Member Knackstedt reported on the recent actions of the City Council. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – December 12, 2024 J. COMMISSION QUESTIONS AND COMMENTS Commissioner Geller asking about the packet being mailed to the correct address. Commissioner Glendening thanked Vice Mayor Knackstedt for his interest in being liaison to the Council on Aging. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. 1st Quarter Report to Kenai Peninsula Borough 2. August & September Monthly Report There being no further business before the Council on Aging, the meeting was adjourned at 4:20 p.m. I certify the above represents accurate minutes of the Council on Aging meeting of November 14, 2024. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 99 KENAI AIRPORT COMMISSION – REGULAR MEETING DECEMBER 12, 2024 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GLENDA FEEKEN, PRESIDING Airport Commission Meeting Page 1 of 3 December 12, 2024 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Airport Commission was held on December 12, 2024, in the Kenai City Council Chambers, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:02 p.m. 1. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Glenda Feeken, Chair Paul Minelga, Vice Chair James Bielefeld James Zirul Dan Knesek A quorum was present. Absent: Cody Whicker Jacob Caldwell Also in attendance were: Derek Ables, Airport Manager Sarah Conley, Airport Administrative Assistant Deborah Sounart, City Council Liaison **Joshua Bolling, Student Representative 3. Agenda Approval MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented. Commissioner Zirul SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF MINUTES 1. November 14, 2024 Regular Meeting Minutes MOTION: Vice Chair Minelga MOVED to approve the November 14, 2024 Airport Commission minutes. Commissioner Bielefeld SECONDED the motion. VOTE: There being no objection; SO ORDERED. Page 100 Airport Commission Meeting Page 2 of 3 December 12, 2024 E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion - 2024 Annual Work Plan Report Airport Manager Ables gave a staff report from information provided in the packet; a typo was noted in the Annual Report Template. 2. Discussion – 2025 Annual Work Plan Goals Airport Manager Ables gave a staff report from information provided in the packet; there was general consensus that the Commission will keep the same work plan goals in 2025. 3. Discussion/Recommendation – Approval of the Special Use Permit to Echo Lake Meats for the use of 20 square feet of space in the Airport Terminal. MOTION: Commissioner Zirul MOVED to recommend City Council approval of the Special Use Permit to Echo Lake Meats for the use of 20 square feet of space in the Airport Terminal. Commissioner Knesek SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Airport Manager – Airport Manager Ables reported on the following: • Brothers Café’s last day operating at the Airport terminal is December 23, 2024. • Debbie’s Bistro plans to open as the new restaurant in the Airport terminal; an Intent to Award was issued to them. 2. Commission Chair – No report. 3. City Council Liaison – Council Member Sounart reported on recent actions of the City Council. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – January 9, 2025 J. COMMISSION QUESTIONS AND COMMENTS Chair Feeken and Vice Chair Minelga noted that they would like to see the terminal conference room used more. Vice Chair Minelga and Commissioner Bielefeld noted that they would like to examine the helicopter landing fee. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. Airport Administrative Report There being no further business before the Airport Commission, the meeting was adjourned at 6:25 p.m. Page 101 Airport Commission Meeting Page 3 of 3 December 12, 2024 I certify the above represents accurate minutes of the Airport Commission meeting of December 12, 2024. ___________________________________ Meghan Thibodeau Deputy City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast last in the roll call order and shall not affect the outcome of the official commission vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a commission meeting. Page 102 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING DECEMBER 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 December 11, 2024 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on December 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 Jeff Twait, Vice Chair Glenese Pettey Sonja Earsley Gwen Woodard A quorum was present. Absent: Diane Fikes Stacie Krause Also in attendance were: Kevin Buettner, Planning Director Deborah Sounart, City Council Liaison Meghan Thibodeau, Deputy City Clerk 3. Approval of Agenda and Consent Agenda MOTION: Commissioner Pettey 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 November 13, 2024 Page 103 Planning & Zoning Commission Meeting Page 2 of 3 December 11, 2024 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS - None. D. UNSCHEDULED PUBLIC COMMENTS - None. E. CONSIDERATION OF PLATS 1. Resolution No. PZ2024-24 – Recommending Approval of Preliminary Plat – FBO Subdivision 2024 Addition for a Replat of Lots 5A and 5B of FBO Subdivision No. 10 Located in the Airport Light Industrial (ALI) Zoning District. MOTION: Vice Chair Twait MOVED to approve Resolution PZ2024-24. Commissioner Woodard SECONDED the motion. Planning Director Buettner provided an overview of the staff report as included in the packet and attached to Resolution No. PZ2024-24, and explained the purpose of the plat was to merge two plats into one so that setback requirements can be met for future development; it was noted that staff’s recommendation is approval. Commissioner Pettey expressed support; further clarification was provided that Edge Surveying recommended the replat on behalf of another private company. UNANIMOUS CONSENT was requested. There being no objection; SO ORDERED. F. PUBLIC HEARINGS – None. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. *Action/Approval – Requesting an Excused Absence for the November 13, 2024 Regular Meeting – Krause Approved by the consent agenda. I. REPORTS 2. Commission Chair – Noted the dangerous road conditions due to weather; encouraged the Commissioners to meet an attending member of the public who was interested in Planning & Zoning. 1. Planning Director – Planning Director Buettner reported on the following: • The regular meeting of December 26, 2024 is cancelled due to lack of agenda items. • Upcoming business in the new year for the Planning & Zoning Commission will include recommendations for code amendments. 3. Kenai Peninsula Borough Planning – No report. 4. City Council Liaison – Council Member Sounart reported on recent actions and activities of the City Council. J. ADDITIONAL PUBLIC COMMENT – None. Page 104 Planning & Zoning Commission Meeting Page 3 of 3 December 11, 2024 K. NEXT MEETING ATTENDANCE NOTIFICATION 1. Next Meeting: January 8, 2025 Commissioner Earsley noted she would be absent. L. COMMISSION COMMENTS AND QUESTIONS 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 7:11 p.m. I certify the above represents accurate minutes of the Planning & Zoning Commission meeting of December 11, 2024. ___________________________________ Meghan Thibodeau Deputy City Clerk Page 105 KENAI BEAUTIFICATION COMMISSION – REGULAR MEETING NOVEMBER 19, 2024 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR SARAH DOUTHIT, PRESIDING Beautification Commission Meeting Page 1 of 3 November 19, 2024 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Beautification Commission was held on November 18, 2024, in the Kenai City Council Chambers, Kenai, AK. Chair Douthit called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Chair Douthit led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Sarah Douthit, Chair Emily Heale Brittney Hoffert Samantha Springer A quorum was present. Absent: Terri Wilson Christina Warner, Vice Chair Sonja Earsley Also in attendance were: Tyler Best, Parks & Recreation Director Victoria Askin, City Council Liaison 3. Agenda Approval MOTION: Commissioner Hoffert MOVED to approve the agenda as presented. Commissioner Springer SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF MINUTES 1. May 14, 2024 MOTION: Commissioner Heale MOVED to approve the May 14, 2024 Beautification Commission minutes. Commissioner Hoffert SECONDED the motion. VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS – None. Page 106 Beautification Commission Meeting Page 2 of 3 November 19, 2024 F. NEW BUSINESS 1. Discussion - Review and work plan goals and prepare a report for the council. Director Best gave a staff report from information provided in the packet; clarification was provided on the current status of projects; Plant Day was suggested as a future goal of the Commission. Chair Douthit volunteered to write the report for Council. 2. Discussion– Review Flower order for FY25 Director Best gave a staff report from information provided in the packet; discussion followed and the Commission provided suggestions for colors and patterns for planting. 3. Discussion – Winter tour date Director Best reported on the winter decor the Parks & Recreation Department have installed; the Commission scheduled the Winter Tour for December 3, 2024. 4. Discussion/Recommendation – Capital Improvement Plan Priority list MOTION: Commissioner Hoffert MOVED to recommend City Council approval of the Capital Improvement Plan Priority list. Commissioner Springer SECONDED the motion. Director Best gave a staff report from information provided in the packet; Commission discussion followed. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Parks & Recreation Director – Director Best reviewed the Midmonth Reports as provided in the packet. 2. Commission Chair – Chair Douthit discussed the little free library on Forest Drive; expressed appreciation for City décor. 3. City Council Liaison – Council Member Askin reported on the recent actions of the City Council. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – January 14, 2025 Commissioner Heale noted that she may be absent or attending remotely. J. COMMISSION QUESTIONS AND COMMENTS Commissioner Hoffert discussed commissioner term reappointments. Commissioner Heale noted she hoped to attend the Winter Tour. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. September Mid-month report 2. October Mid-Month Report Page 107 Beautification Commission Meeting Page 3 of 3 November 19, 2024 There being no further business before the Beautification Commission, the meeting was adjourned at 7:08 p.m. I certify the above represents accurate minutes of the Beautification Commission meeting of November 19, 2024. ___________________________________ Meghan Thibodeau Deputy City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast last in the roll call order and shall not affect the outcome of the official commission vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a commission meeting. Page 108 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Derek Ables, Airport Manager DATE: December 9, 2024 SUBJECT: Airport Mid-month Report November 2024 Second Annual FAA Alaska Office of Airports National Environmental Policy Act Workshop- Airport Management attended this workshop in Anchorage on November 6th. The workshop covered a range of essential topics designed to enhance environmental compliance at the airport. Key discussions included updates on NEPA and the Council on Environmental Quality, with a focus on climate change analysis and environmental justice. Participants reviewed upcoming changes to FAA Order 1050, updated air quality guidance, and explored the latest resources available on the FAA NEPA website, including the most current handbook. Additional sessions provided insights into the process for categorical exclusions, screening criteria for environmental assessments, and best practices for NHPA/Section 106 consultations, featuring project examples and effective planning strategies. Winter Hiring- To enhance operational efficiency and ensure passenger safety during the winter season, the airport has hired seven temporary employees and two seasonal winter employees. These individuals underwent a training program tailored to meet Federal Aviation Administration (FAA) compliance standards, ensuring they are fully equipped to uphold the highest levels of safety and operational excellence. The training covered a range of essential topics, including airport security protocols, emergency response procedures, all designed to align with FAA regulations and guidelines. This initiative reflects the airport’s proactive approach to managing seasonal demands while maintaining its commitment to safety, compliance, and exceptional passenger experiences. By integrating these well-trained team members into its workforce, the airport is prepared to ensure smooth operations throughout the winter season. Page 109 Page 2 of 2 Airport Mid-Month Report Page 2 of 2 0 10000 20000 30000 40000 50000 60000 70000 2021 2022 2023 2024 Tower Operations Total Per Year Year 2021 2022 2023 2024 January 3709 2882 4009 4927 February 3196 3117 2965 4313 March 3908 4069 4874 5192 April 4762 4697 4957 6022 May 5306 5472 6786 6297 June 6872 6072 5660 6998 July 5313 5654 6337 6991 August 5747 5020 6007 7602 September 5218 5215 5950 6118 October 3990 5312 5724 5710 November 3636 3517 3404 5140 December 3018 2907 3699 Total 54675 53934 60372 65310 Page 110 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Dave Ross, Police Chief FROM: Juliana Scherma, Animal Control Chief DATE: December 8th, 2024 SUBJECT: November 2024 Monthly Report This month the Kenai Animal Shelter took in 24 animals. DOGS: INTAKE 12 DISPOSITION 13 Waiver 1 Adopted 7 Stray 9 Euthanized 1 Impound 0 Claimed 5 Protective Custody 1 Field Release 0 Quarantine 1 Transferred 0 CATS: INTAKE 11 DISPOSITION 13 Waiver 8 Adopted 8 Stray 3 Euthanized 2 Impound 0 Claimed 0 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 3 Page 111 Page 2 of 2 2 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 24 Field Investigations & patrols 6 Pet Food Bank Request 0 Volunteer Hours Logged 3 Citations 0 Educational Outreach 15 Microchips Total Animal Contacts: 15 Animals are known borough animals 17 Animals are known City of Kenai 7 Animals are known City of Soldotna 1 Animals are unknown location Statistical Data: 457 2022 YTD Intakes 501 2023 YTD Intakes 352 2024 YTD Intakes During November, notable efforts were made to enhance community engagement and awareness about adoptable animals. We partnered with the Kenai Recreation Center and the Kenai Library to help promote our adoptable animals. We also increased our social media presence in hopes of engaging a broader audience interested in supporting animal adoption and welfare initiatives. And finally, we solidified a partnership with Clear Creek Cat Rescue to help reduce the number of feral cats within our shelter population, thus improving our overall shelter outcomes and making an impactful stride in animal rescue efforts. OTHER ANIMALS: INTAKE 1 DISPOSITION 1 Chinchilla 1 Chinchilla 1 DOA: OTHER STATISTICS: Dog 5 Licenses (City of Kenai Dog Licenses) 8 Cat 1 Rabies Clinic 0 Rabbit Bird Page 112 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Swarner, Finance Director DATE: December 11, 2024 SUBJECT: Finance Department Mid-Month Report – November 2024 The department’s is focused on preparation 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 auditors are scheduled to be here the week of December 16th. Preparation for the FY26 annual budget has begun with a work session on December 4th with Council. The purpose of the December 4th meeting was to establish the goals for the FY2026 budget. Historical and future projections will be provided to departments in December to assist in their budget preparation and much work takes place in putting this information together. Page 113 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Jay Teague, Fire Chief DATE: December 10, 2024 SUBJECT: Fire Department Mid-Month Report – November. For November, we experienced a 9.5% call volume increase from the previous year: November 2023 2024 % change Month totals 137 108 -21.2% EMS 108 89 -17.6% All Other 29 19 -34.5% Year total 1442 1408 -2.4% Training: • Capt. Summers and FF Lehl attended Fire Instructor II training. • Carlile Transportation provided vehicle familiarization and hazardous cargo training. Will finish training all personnel in December. • Engineer Nabinger and FF Turkington represented Kenai at EMS Symposium in Anchorage. Projects/Grants/Misc: • Coordination for EMS training for new hire Brenden Alberts • Completed review of 2025 Medical Operations Manual for Kenai EMS response • AFG Grant research and projects assigned for submission in December(2 projects: Ambulance Power Load Systems and Tower Truck replacement). • IDEA homeschool tours conducted in Station 1 • Personnel reassignments take effect first week of December to balance Paramedic staffing after round of promotions and new hire. Page 114 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Stephanie Randall, Human Resources Director DATE: December 10, 2024 SUBJECT: Human Resources Activity – November 2024 Recruitment • Airport: Onboarded two seasonal and eight temporary equipment operators to support winter operations. • Public Works: Successfully promoted Eric Jean, formerly the City’s Utility Foreman to the Assistant Public Works Director position. Recruitment is now underway to fill the Utility Foreman role. • Parks and Recreation: Successfully hired a Recreation Center Attendant and the department is in the process of interviewing candidates for two additional open positions. • Fire Department: Completed interviews and extended an offer to a new firefighter. • Police Department: Actively recruiting for two Police Officer positions, with several candidates currently in the interview phase. Safety Two accidents were reported in November. There were no employee injuries. Special Projects Human Resources worked with the City’s health and life insurance benefits broker, Parker Smith & Feek to provide information to employees during this year’s benefits open enrollment period. The active enrollment period ran from November 12-22 and offered employees a choice between two options for Medical, Prescription Drug, Vision and Dental plans through Premera, Blue Cross Blue Shield; Additional offerings included Voluntary Life/AD&D coverage, additional supplemental coverages offered through Lincoln Financial, and Flexible Spending Accounts (FSA’s). The City also hosted the following informative sessions for employees in November: • 457(b) Retirement Plan: Our retirement plan specialist, Jeff Spindle, from Mission Square delivered a presentation on the "Basics of the 457(b) Retirement Plan" and held one-on-one consultations afterward. • Employee Benefits: Parker Smith & Feek visited City Hall to present the new plan options and review the full range of benefits available. Page 115 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Katja Wolfe, Library Director DATE: December 5, 2024 SUBJECT: Library Report for November 2024 CIRCULATION 5,881 5,614 6,216 1,446 1,801 2,054 2022 2023 2024 Physical Checkouts November Digital Checkouts November PROGRAMS AND EVENTS 71 19 23 359 490 Everyone Adults Teens Children Babies and Toddlers SERVICES 4705 Visitors 50 New Members 423 Computer Sessions 4926 WiFi Sessions 129 Room Reservations 259 Hours of Use 962 Participants 48 Programs Program Attendance 4,775 1,003 2,054 395 72 Print DVD Digital Other Audio Page 116 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tyler Best, Parks and Recreation Director DATE: November 12th, 2024 SUBJECT: Mid-Month Report-November Parks staff has been working hard to hang Christmas lights and displays throughout the city to create a festive atmosphere for the "Christmas Comes to Kenai" celebration and the Holiday Season. The Staff's new favorite is the fish on the Christmas tree in front of City Hall! The Parks team has begun grooming ski trails for winter recreation, maintaining walking trails at Municipal Park and the skating area at Daubenspeck Pond. These efforts provide diverse opportunities for outdoor activities during the season. The Ski trails were in excellent condition until this warm weather hit, which posed some maintenance challenges, leaving the ski trails in poor condition and the pond unsuitable for skating. Despite these obstacles, the Parks team is doing its best to keep them accessible. Weekly trail updates are provided to the community via social media and the city website. ( see an example below). Additionally, on the Parks and Recreation social media and website, there has been a promotion for the Adopt a Hydrant program, where residents can adopt a hydrant and keep it clear of snow throughout the winter. ( see the form attached) Preparations for next year’s City League Basketball program are progressing steadily. Schedules are being finalized, and team coordination is underway. The player and coach meetings are in November, and the next one is planned for December. The league starts around mid-January. Rec Center Visits November Weight Room/Cardio Room 1219 Racquetball /Wallyball 313 Shower/Sauna 63 Gymnasium 1498 Gym Rental Visits 1306 Total Number of Visits 4485 Page 117 Page 2 of 2 New Inclusive See Saw at Municipal Park Municipal Park Walking Kenai Ski Trails Trails Municipal Park Walking Trails are in poor condition due to recent rain and temperature fluctuations. Expect patches of slippery ice and exposed ground or gravel sections with no snow cover. Conditions at Kenai Ski Trails are similarly poor, and use is not recommended. The snow is soft and nearly at ground level due to the rain. Grooming is currently on hold until conditions improve. Page 118 City of Kenai Adopt-A-Hydrant Program Do you want to serve your community? Then this may be the perfect program for you. During the Winter months, the City of Kenai has over 500 fire hydrants to maintain and to keep clear of snow. The City works hard to keep hydrants clear, but with the large snowfalls that can happen it can be difficult to maintain. We are asking for your help in this endeavor to adopt a fire hydrant. By adopting a fire hydrant, you will be helping emergency services locate and use these hydrants quicker and safer in case of winter emergencies! Page 119 What do you need to do? Locate and identify a hydrant, fill out the form below and send it to the Parks and Recreation Department at Parks@kenai.city or bring it to the Kenai Recreation Center at 227 Caviar, Kenai, Alaska 99669. Questions call the parks department at 907-283-8262. Then every time it snows, we ask that you check your hydrant and make sure it is clear of snow, as shown in the above graphic on the front page. Name: _______________________________________________ Business: (if applicable) __________________________________ Address: ______________________________________________ ______________________________________________________ Phone: ________________________________________________ Email: _________________________________________________ Hydrant Location: __________________________________________________________ __________________________________________________________ Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager THROUGH: Kevin Buettner, Planning Director FROM: Beth McDonald, Planning Assistant DATE: December 10, 2024 SUBJECT: Planning and Zoning – November 2024 Monthly Report General Information • The Planning staff are finalizing a Request for Proposals for 2025 City-owned land appraisal services, to be completed in Spring 2025. • The Planning department, in conjunction with the City Attorney and City Manager, are developing a new Code Enforcement policy with an associated timeline to ensure timely and consistent responses to code violations received by the City. • The Planning Director has been named as the city representative to the KPEDD board. • Planning staff are continuing to review planning policies and procedures to reduce the paperwork burden on residents, business owners, and prospective business owners and to maintain compliance with the zoning code and consistency with the comprehensive plan. Public Inquiry See attached report. *Note: Numbers for November do not include direct calls to the Planning Director or Planning Technician, only those through the general planning line. Application Summary • Lands - See attached report. • Leases – See attached report. • Planning & Zoning – See attached report. Code Enforcement and Compliance In November, Planning and Zoning received two (2) new complaints and six (6) cases were closed. There is a cumulative total of eighteen (20) open cases for 2024. We are still working on the requirements for Cloud Permit, the code enforcement program. Planning and Zoning Commission Page 126 Page 2 of 2 One (1) public meeting was held in the month of November with the following actions/recommendations. • Resolution PZ2024-23 – Granting a Conditional Use Permit to Operate a Gunsmith Within the Existing Building on the Property Described as Lot 14, Block 1 of Leo T Oberts Subdivision, Addition No. 1, Located at 1540 Kittiwake Court, Within the rural Residential (RR) Zoning District. • Action/Approval - Recommending the Kenai City Council Enact an Ordinance - Amending Kenai Municipal Code Section 14.30.030 – General Provisions, to Update the Most Recent Version of the “Flood Insurance Study”. Page 127 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross, Police Chief DATE: December 9, 2024 SUBJECT: Police & Communications Department Activity – November 2024 Police handled 441 calls for service in November and 311 calls were received by dispatch via 911. Officers made 23 arrests. Traffic enforcement resulted in 107 traffic contacts with 31 traffic citations issued and there were 2 DUI arrests. There were 19 reported motor vehicle collisions. One collision involved drug or alcohol and one collision involved a moose. One police supervisor attended a week-long training on Officer Involved Shootings, in Fairbanks. The officer on the Swat team attended one day of training. Six officers attended a one-day Use of Force training in Soldotna. One Investigator attended a week-long Sexual Assault training in Anchorage. The Police Department is still recruiting to fill two officer vacancies and the dispatch center has completed a hiring process to fill one of its vacancies. Pursuant to Kenai Municipal Code section 7.15.090(d)(2), 9,000 rounds of .40 & .45 caliber ammunition were traded to 907 Ammo in exchange for 9mm ammunition (The Department has undergone a transition to 9mm handguns). This notification of disposal is intended to meet the requirements of KMC 7.15.090(d) to report the disposal of police property to the City Manager and City Council. 6477 2919 6106 2862 5505 2964 0 2000 4000 6000 8000 Total Police Service Calls 911 Calls Received 2022(Jan 1 - Nov 30)2023(Jan 1 - Nov 30)2024(Jan 1 - Nov 30) Page 128 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Lee Frey, Public Works Director DATE: December 10, 2024 SUBJECT: Public Works Mid-month Report December 2024 Draft 5-Year Capital Improvement Plan has been provided for the work session. The following projects are planned to start this winter. • Parks & Recreation Master Plan – In development • Emergency Services Facility Assessment – Out for Proposals • Dugout Replacement Construction – Expected to bid in early 2025 • Senior Center Front Entry and Canopy Repair • Vintage Point Kitchen/Bathroom Remodel Design • Harbor Float Replacement • Sewer Lift Station Upgrades • Street Lighting Improvements Multiple capital projects are currently ongoing throughout the City. • Kenai Municipal Airport Runway Rehabilitation Project • Kenai Municipal Airport Operations Building HVAC Controls Upgrade & Boiler Replacement Project • Kenai Municipal Airport Master Plan Update • USACE Kenai Bluff Bank Stabilization Project • Wastewater Plant Digester Blowers Replacements • Water Treatment Plant Pumphouse The guy wire replacement project for the tower at the Public Safety Building was completed in November. The Building Department has issued 50 residential and 40 commercial building permits so far in calendar year 2024. Page 129 Page 2 of 2 Public Works Mid-Month Report The Streets Department continues to manage the constantly changing weather conditions we are experiencing this winter. We have been focusing considerable efforts on sanding with the rain and warm conditions. Page 130 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: December 10, 2024 SUBJECT: November 2024 Monthly Report November brought unusually varied weather, but it didn’t deter seniors from enjoying activities at the center. They participated in a no-host dinner at the Treehouse Restaurant, Thursday pool trips, crafting sessions, a birthday lunch, and a special Veterans Day presentation. The Kenai Senior Center in partnership with Hilcorp, also hosted the annual Hilcorp Thanksgiving luncheon, which welcomed over 200 attendees. 2024 2023 Home Delivered Meals 1558 1639 Individuals 88 91 Dining Room (Congregate) Meals 997 774 Individuals 151 132 Transportation (1-way rides) 196 185 Individuals 15 21 Grocery Shopping Assistance 10/27 10/42 Writers Group 26 21 Caregiver Support Group 11 13 Growing Stronger Exercise 171 229 Tai Chi Class 43 39 TOPS Weight Loss Class 71 27 Bluegrass & Music Sessions 22 79 Card Games 61 125 Wii Bowling 13 32 Arts & Crafts 22 44 Total Event Sign-ins * 1513 1133 Individuals * 193 192 Vintage Pointe Manor Vacancies 1 1 *(not including home meals clients) Page 131 John Williams, Vice President, representing the City of Kenai Update from the Board of Directors Cook Inlet Regional Citizens Advisory Council The Cook Inlet Regional Citizens Advisory Council held its regular meeting December 5th and 6th in Anchorage. During the first day of meetings, the Council approved the special election of Brent Johnson. Mr. Johnson will represent the Commercial Fishing group on the Board. He brings more than 50 years of knowledge and experience in the local fishing community and has served on the Kenai Peninsula Borough Assembly since 2014 and currently serves as Assembly President. We are excited to welcome him to the Council. On Friday, the Council received updates from several of its Ex-Officio members, including the US Coast Guard. Captain Christopher Culpepper, Commanding Officer Sector Western Alaska and US Arctic, explained some changes coming to USCG stations in Homer and Seward. Current-generation Cutters stationed there will be decommissioned and replaced with newer, 154-foot vessels along with larger crews. Those staffing changes are expected to happen early next year. Givey Kochanowski, Alaska Regional Director for the Bureau of Ocean Energy Management (BOEM) spoke to the Council about the Bureau’s environment program, intended to provide decision makers with the appropriate science to ensure offshore energy production happens safely and responsibly. He noted new studies and pilot projects within the National Energy Laboratory focused on renewable sources, such as wind, tidal, and wave, all of which have potential in Cook Inlet. Those programs focus on integrating marine and social sciences, biology, and traditional knowledge. Cook Inlet Spill Prevention and Response, Inc. (CISPRI) General Manager Todd Paxton gave an update on his organization’s plans for potentially replacing one of its primary response vessels, the Perseverance. That 207-foot ship, built in 1976, could be replaced by a new or repurposed vessel. CISPRI has also recently updated its registration as a primary contractor to provide Oil Spill Response Organization (OSRO) services beyond Cook Inlet. The Council also heard reports from the National Oceanic and Atmospheric Administration (NOAA). Alaska Sea Ice Coordinator Michael Lawson gave an overview of the Cook Inlet Ice Camera Network, and how it’s deployed in forecasting models and its importance in observation and data-gathering. CIRCAC staff developed the idea for and established the network nearly 20 years ago. One of the many planning and response improvements adopted after the grounding of the Seabulk Pride in 2006 was to provide real-time views of ice conditions. The network now includes nine cameras positioned at strategic points from the mouth of the Kenai River to the Don Young Port of Alaska. NOAA’s Alaska Regional Preparedness Coordinator and Scientific Support Coordinator for the Alaska Regional Response Team, Liza Sanden made the Council aware of new virtual training opportunities for Shoreline Cleanup and Assessment Techniques (SCAT) coming up in the Spring. Page 132 Steve Ribuffo, Port Director for the Don Young Port of Alaska in Anchorage updated the Council on the facility’s Petroleum and Cement Terminal construction. Completed in 2022, that terminal represents part of a long term modernization plan that is being completed in phases. In 2025, work will continue on Phase II – North Extension Stabilization, which will expand the port’s capacity in the future. Other work will include demolition and replacement of cargo terminals and a second North Extension Stabilization project. The Council also heard an operations update from Captain Jeff Brue, Global Marine Operations Manager for Marathon Petroleum. The Council will hold its Annual Meeting on April 4th in Kenai. Page 133 DECEMBER 18, 2024 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED ADDITIONS TO THE PACKET ACTION ITEM REQUESTED BY PAGE Add to Item E.1. Ordinance No. 3445-2024 •Postponement Memo City Clerk 2 1 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: December 18, 2024 SUBJECT: Public Hearing Notice on Ordinance No. 3445-2024 A change was made to the title of Ordinance No. 3445-2024 after the title was published as an ordinance for introduction in the December 4, 2024, agenda. The public hearing notice and the December 18, 2024 agenda also included the title as printed in the December 4, 2024 agenda; however, the title was correctly printed within the ordinance. (No amendment to the legislation is needed) This ordinance is not time-sensitive. After discussion with the Administration and in the interest of transparency, it is our mutual recommendation that this ordinance be postponed. If the Council is in support of postponement the following motion is in order: Motion Postpone Ordinance No. 3445-2024 to the January 15, 2025 City Council regular meeting. Your consideration is greatly appreciated. 2 o • � � �' a Q� 3 s• 0 +y l PA I:t0 En �: , - IQ N Kenai City Council - Regular Meeting Page 1 of 3 December 18, 2024 Kenai City Council - Regular Meeting December 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) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. POSTPONED TO 1/15/2025. Ordinance No. 3445-2024 - Decreasing Estimated Revenues and Appropriation in the Kenai City Municipal Roadway Improvement Capital Project Funds to Transfer Residual Balance from Completed Projects Back to Their Original Funding Sources, and Increasing Estimated Revenues and Appropriation in the Kenai City Water & Sewer, Public Safety, and Airport Improvements Capital Project Funds to Fully Fund Projects Approved in the FY2025 Budget. (Administration) 2. ADOPTED UNANIMOUSLY. Resolution No. 2024-52 - Reinstating a Player Registration Fee for the City of Kenai City League Basketball to Support More Games During the Season. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2024-53 - Approving Extensions and Amendments to Two Agreements with the State of Alaska Division of Forestry and Fire Protection. (Administration) F. MINUTES 1. *Regular Meeting of December 4, 2024. (City Clerk) G. UNFINISHED BUSINESS H. NEW BUSINESS Kenai City Council - Regular Meeting Page 2 of 3 December 18, 2024 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to Renewal of a Beverage Dispensary Tourism Liquor License for Schilling Alaska, LLC DBA Uptown Motel/Louie’s - License No. 1859. (City Clerk) 3. *Action/Approval - Non-Objection to the Renewal of a Marijuana Product Manufacturing Facility License and a Standard Marijuana Cultivation License for Red Run Cannabis Cultivators, LLC., DBA: Red Run Cannabis Cultivators, LLC. - License No.’s 19372 and 10052; and a Retail Marijuana Store License for Red Run Cannabis Company, LLC., DBA: Red Run Cannabis Company, LLC. – License No. 10056. (City Clerk) 4. *Action/Approval - Special Use Permit to Echo Lake Meats for Use of 20 Square Feet of Terminal Space at the Kenai Municipal Airport. (Administration) 5. *Ordinance No. 3446-2024 - Accepting and Appropriating a Grant from the Alaska Food Coalition to the Kenai Senior Center. (Administration). 6. APPROVED UNANIMOUSLY. Action/Approval - Approving a Certificate of Acceptance Notice for Kee’s Turn Subdivision. (Administration) 7. WORK SESSION SCHEDULED FOR 1/16/2025 AT 6:00 P.M AT THE KENAI CHAMBER OF COMMERCE. Discussion/Approval - Scheduling a Joint Work Session with the Kenaitze Indian Tribe. (Administration) 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 M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT P. INFORMATION ITEMS Kenai City Council - Regular Meeting Page 3 of 3 December 18, 2024 1. CIRCAC Director's Report 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/tZMlde6ppzMqH9XOmky_X6zWJB4sCHPvGwnt