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HomeMy WebLinkAbout2010-03-13 Council Packet - Special MeetingI n 1 C L S I 2 L- NOSNHOrI PORTER I NOSNHOrI I PORTER I A311VINS I 81001 3DaIHal3 SinOHWi MOLLOY I 31A08 _I I n 1 C L S I NOSNHOrI PORTER [JOHNSON G PORTER SMALLEY 32JOOW I ELDRIDGE MARQUIS I I MOLL I BlXOf N 2' L S_ I NOSNHOrI PORTER NOSNHOf� I PORTER I SMALLEY IMOORE ELDRIDGE L sI nouvI MOLLOY L 31A08 1 11 I A S_ NOSNHOrI PORTER 3H00W A311VWS I 3D01Ha13] MARQUIS MOLLOY 31A08 a. s COUNCIL MEETING OF TESTIMONY SIGN-IN SHEET RESIDENT I AN NA Ct r y" 1/23i).3 giftetigiA4 tA-Ke 16. 4.4 1 p #-t 11(1517 STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT AFFIDAVIT OF CAROL L. FREAS Carol L. Freas, being first duly sworn upon oath, deposes and states as follows: 1. I am the City Clerk for the City of Kenai, Alaska. 2. On March 10, 2010, at 4:10 p.m., Mayor Patricia Porter informed me she was calling a special meeting of the Kenai City Council to convene at 9:00 a.m., Saturday, March 13, 2010. 3. On March 11, 2010, I hand delivered a Notice of Special Meeting, the meeting agenda and meeting materials attached hereto as Exhibit A, to the following Council persons, or to a member of the person's family at least 15 years of age, at their home addresses in the City of Kenai, which addresses are listed next to their names: Hal Smalley: 105 Linwood Lane, Kenai, Alaska (delivered to Susan Smalley at 8:15 a.m.) 4. On March 10, 2010, I hand delivered a Notice of Special Meeting, the meeting agenda and meeting materials attached hereto as Exhibit A, by personal delivery at my City of Kenai office, located at 210 Fidalgo Avenue, Kenai, to the following Council persons: Mike Boyle Robert Molloy Joe Moore Ryan Marquis 5. On March 10, 2010, I directed my Deputy City Clerk to deliver Notice of Special Meeting, the meeting agenda and meeting materials attached hereto as Exhibit A, to Mayor Patricia Porter at the March 10, 2010 Planning Zoning Commission meeting, held in the Council Chambers at Kenai City Hall, located at 210 Fidalgo Avenue, Kenai, and beginning at 7:00 p.m. 6. In addition to the notice above, email notification was provided all Council Members and Student Representative Maya Johnson. Council Member Eldridge responded back to that email to acknowledge receipt of the notice, as he was unable to travel to Kenai City Hall to personally pick up a copy of the Notice of Special Meeting, the meeting agenda and meeting materials, and indicated he would not be at his home in order for them to be hand delivered before the 9:00 a.m. 48 -hour deadline of March 11, 2010. Council Member Eldridge's response acknowledging receipt of the email notification of the Special Meeting Notice (and attachments) is attached as Exhibit B. 7. The Notice of Special Meeting was delivered to each Council Member at least 48 hours prior to the date and time set for the special meeting as required by Kenai Municipal Code 1.10.060. 8. In addition to providing this notice to members of the Kenai City Council, I also caused to be posted the Notice of Special Meeting at three prominent places in the community, including the City's Official Bulletin Board in Kenai City Hall, located at 210 Fidalgo Avenue, at approximately 6:15 p.m., March 10, 2010; the Kenai Post Office, located at 140 Bidarka Street, at 8:24 a.m., March 11, 2010; and, at the Kenai Community Library located at 163 Main Street Loop, at 8:27 a.m., March 11, 2010. A copy of the Notice of Special Meeting is attached hereto as Exhibit C. AFFIDAVIT OF CAROL L. FREAS Page 2 of 3 9. I also posted a copy of the Notice of Special Meeting, the meeting agenda and meeting materials attached hereto as Exhibit A, on the City's website (www.ci.kenai.ak.us), at 6:25 p.m. on March 10, 2010. 10. I delivered the Notice of Special Meeting, attached hereto as Exhibit C, by facsimilie to the following media outlets: KSRM, 283 -9177 KDLL, 283 -6701 KBBI, 235 -2357 Further this affiant sayeth anught. SUBSCRIBED AND SWORN to before me this day of March, 2010. AFFIDAVIT OF CAROL L. FREAS Page 3 of 3 CAROL L. FREAS Kenai City Clerk Notary Public in and for Alaska. My Commission Expires: Carol Freas From: Bob Molloy [bob @molloyforcouncil.com] Sent: Thursday, March 11, 2010 7:51 AM To: Carol Freas Subject: Re: Special Meeting Notice Thanks Carol Bob On Mar 10, 2010, at 5:26 PM, Carol Freas wrote: Mayor /Council Members, Attached is a Notice of Special Meeting and meeting packet for a special meeting called by Mayor Porter for Saturday, March 13, 2010 to commence at 9:00 a.m. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283-5068 <SKMBT_60010031018030.pdff Carol Freas From: Barry Eldridge [barry_eldridge @yahoo.com] Sent: Wednesday, March 10, 2010 9:33 PM To: Carol Freas Subject: Re: Special Council Meeting Notice Hi Carol, I have received notice of the special meeting of the Council on Saturday morning at 0900 and plan to be there. Barry Eldridge On Wed, 3/10/10, Carol Freas <cfreas@ctkenatak.us> wrote: From: Carol Freas <cfreas @ci.kenai.ak.us> Subject: Special Council Meeting Notice To: barry_eldridge @yahoo.com, hvsmalley @yahoo.com Date: Wednesday, March 10, 2010, 5:38 PM Council Members Smalley and Eldridge, It appears I will be unable to either personally deliver or drop off a special meeting notice for the Saturday, March 13, 2010 special council meeting to you as required by city code. As a substitute for written notice, could you please respond and acknowledge receipt of the notice of the special meeting by email. The City Attorney informs me that the code is vague about what notice is acceptable and whether email would meet code requirements. However, with no other alternative this is the best substitute I could come up with. Kenai Municipal Code provides: KMC 1.10.060 Calling special meetings. The Mayor or any four Councilmen may call special meetings of the Council. The City Clerk shall give the notice of such meetings to each Councilman or cause it to be left at a conspicuous place at his abode or to be given to a member of his family at least fifteen (15) years old at his place of abode, at least forty -eight (48) hours before the time of holding such special meeting. A special meeting called on shorter notice then forty eight (48) hours shall be valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. *Hal, I will try to deliver the notice and packet at your home if Susie is available to accept receipt. Barry, I understand that no one will be at your home this evening or I would provide the same notice as with Hal. Carol t Carol Freas From: Carol Freas Sent: Wednesday, March 10, 2010 5:39 PM To: barry_eldridge ©yahoo.com; hvsmalley ©yahoo.com Subject: Special Council Meeting Notice Attachments: SKMBT_60010031018030.pdf Council Members Smalley and Eldridge, It appears I will be unable to either personally deliver or drop off a special meeting notice for the Saturday, March 13, 2010 special council meeting to you as required by city code. As a substitute for written notice, could you please respond and acknowledge receipt of the notice of the special meeting by email. The City Attorney informs me that the code is vague about what notice is acceptable and whether email would meet code requirements. However, with no other alternative this is the best substitute I could come up with. Kenai Municipal Code provides: KMC 1.10.060 Calling special meetings. The Mayor or any four Councilmen may call special meetings of the Council. The City Clerk shall give the notice of such meetings to each Councilman or cause it to be left at a conspicuous place at his abode or to be given to a member of his family at least fifteen (15) years old at his place of abode, at least forty -eight (48) hours before the time of holding such special meeting. A special meeting called on shorter notice then forty -eight (48) hours shall be valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. *Hal, I will try to deliver the notice and packet at your home if Susie is available to accept receipt. Barry, I understand that no one will be at your home this evening or I would provide the same notice as with Hal. Carol Carol Freas From: Carol Freas Sent: Wednesday, March 10, 2010 5:27 PM To: barry_eldridge @yahoo.com; hvsmalley @yahoo.com; cpajoe @altrogco.com; mboyle @alaska.com; kenaimayorl0 @msn.com; molloylaw @ak.net; Ryan Marquis Cc: Maya Ala Johnson (maya_alajohnson @yahoo.com); Rick Koch Subject: Special Meeting Notice Attachments: SKMBT_60010031018030.pdf Mayor /Council Members, Attached is a Notice of Special Meeting and meeting packet for a special meeting called by Mayor Porter for Saturday, March 13, 2010 to commence at 9:00 a.m. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -7535, extension 231 Fax: (907) 283 -5068 NOTICE OF SPECIAL MEETING SATURDAY, MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS NOTICE IS HEREBY GIVEN the City of Kenai will convene in a special meeting on Saturday, March 13, 2010. The purpose of the meeting is to address a package store liquor license transfer from Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #14474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska. The council meeting packet is attached. The special meeting will commence at 9:00 a.m. in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. d u Carol L. Freas, City Clerk ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval ITEM C: ADJOURNMENT AGENDA KENAI CITY COUNCIL SPECIAL MEETING MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS http: /www. ci.kenai.ak. us ITEM B: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. LIQUOR LICENSE TRANSFER Package Store From Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska. LIQUOR LICENSE TRANSFER From Wal -Mart to WaI -Mart S�.g "ZIJXs /a Spur High <d a Cenaz ka. as raised no di oaf the premis ay, Keriask March 13, 2010 Ms. Dawn Holland- Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 R... At it regular of the liq Premis Spur The obligati° If you have a Carol L. Freas City Clerk e CITY OF KENAI Inc. clf cc: Kenai Peninsula Borough Clerk Applicant center #4474, No Premise Super center #4474, 10096 Kenai ai City Council approved the transfer art Sto d/ b/ a Wal -Mart Supercenter #4474, No c. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai ion5'sed on unpaid taxes, delinquent taxes or o the City. ease contact me at 283 -7535, extension 231. Corp /LLC Agent: Address Phone Date and State of Limited Partnership /Corporation Good standing? CT Corporation Systems 801. W t0`" St.,Ste 300 Juneau. AK 99801 479 -204- 2188 March 2, 1993 Alaska Yes Member/Officer/Director: DOB I Address Phone Title /Shares Mike Duke 12/7/79 T 70v� W St 479 277 -2080 President /CEO B entonville AR 72716 Karen Roberts 9/2270 702 S.W. 8 St 479- 277 -8089 Sr. Vice Preside Bentonville AR 7271 Charles Ho 7/9/56 702 S.W. 8 St 479 -277 -1153 Asst Secretary Bentonville AR 72716 Lori Cottrell 2/27/69 702 S.W. 8 St 479- 204 -2026 ,Asst Secretary Bentonville AR 72716 Any Thrasher 2/16/69 702 S.W. 8 St 479 -204 -2272 Asst Secretary Bentonville AR 72716 Tim Farrar 4/7/59 702 S.W. 8` St 479- 204 -8820 Asst Secretary Bentonville AR 7271 Date of Notice: March 9, 2010 Application Type: NEW Governing Body: City of Kenai Community Councils: None License License Type: D.B.A. Licensee /Applicant: Physical Location: Mail Address: Telephone EN: State of Alaska Alcoholic Beverage Control Board X TRANSFER Ownership X Location X Name Change 4878 Package Store Wal -Mart 44474 Wal -Mart Stores, Inc 10096 Kenai Spur Hwy 702 S.W. 8 St. Dept. 8916 Bentonville AR 72716 0500 479 204 -2344 479- 204 -9864 Fax 71- 0415188 Please note: the Members/ Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. 9 ho abov cc to If transfer application, current license information: License N/A Current D.B.A.: N/A Current Licensee: N/A Current Location: N/A Additional comments: None. n Tess than I% stock St l.ml Crocen1nn tictp Ne, Fo mtl nc Pt h u it Carol Freas From: Patricia Porter [kenaimayorl0 @msn.com] Sent: Wednesday, March 10, 2010 4:10 PM To: barry_eldridge @yahoo.com; hvsmalley @yahoo.com; cpajoe @altrogco.com; mboyle @alaska.com; molloylaw @ak.net; Ryan Marquis; Carol Freas Cc: Rick Koch; Krista Stearns Subject: Re: Wal -Mart Liquor License Transfer Hello Carol, Rick, Krista and Council, I would like to call a Special Meeting on Saturday, March 13, at 9 AM. I did have the opportunity to visit Walmart today and understand the importance and need for a special meeting. Mr. Dominic, manager of Walmart, will be available to answer any questions. Please feel free to contact me should you have questions. Thank you, Pat Original Message From: Carol Freas To: barry eldridg yahoo.com hvsmalieyPyahoo.com cpaioe(a�altrogco.com mboylealaska.com kenaimayorl0t msn.com molloylawtaak.net Ryan Marquis Cc: Rick Koch Krista Stearns Sent: Wednesday, March 10, 2010 10:59 AM Subject: Wal -Mart Liquor License Transfer Mayor /Council, I just wanted to keep you abreast of the progress of the liquor license transfer for Wal -Mart. The package store liquor license previously owned by owners of One Stop Liquor was transferred to Wal -Mart last year. The license premise was not identified in that transfer because the store had not yet been built in Kenai. Since the store is ready to open, the liquor license can be transferred to Wal -Mart with a premise identified. Over the past couple of weeks, I have discussed the procedure for the license transfer to come before council for approval with representatives of Wal -Mart and their Anchorage attorney, i.e. they first apply for the transfer and do whatever posting, etc. required by ABC, ABC then forwards the transfer application notification to me and to the Kenai Peninsula Borough Clerk for review, identifying if any outstanding amounts in taxes, water /sewer, etc. exist, and ultimately to the Assembly and the Council for consideration. I received the application yesterday. Inquiry is in progress with our legal department and finance department to learn if any amounts are owing here and the same process is going on at the borough level. I have placed the item on the agenda for March 17 as a consent agenda item. A few moments ago Ferdinand Dominic, the Kenai Wal -Mart store manager and assistant manager visited my office. He asked if there was any possibility Council could consider the license transfer prior to the March 17 meeting. I told him, a special meeting could be called, however that would be up to council. I also told them an alternative would be for me, after learning from the Borough Clerk, our legal finance departments there are no amounts owed, to send a letter to ABC stating the formal approval by Council would take place at the March 17 meeting, but preliminarily, there were no objections. Mr. Ferdinand seemed okay with that. Evidently, there was a change in Wal -Mart attorneys and the submission of their application was delayed until March 3. Please let me know if there is interest in calling a special meeting. 1 Carol Freas From: Carol Freas Sent: Wednesday, March 10, 2010 1:28 PM To: 'Ryan Marquis' Subject: RE: Wal -Mart Liquor License Transfer Hi Ryan, The code speaks only to delivering a notice to council members at least 48 hours before the time of holding the meeting. I would also post the meeting on the official bulletin board at City Hall and include the agenda, etc. on the city website. There is not enough time to have a notice published in the newspaper. The order of business would probably include: Call to Order Roll Call Agenda Approval Consent Agenda Approval Transfer of liquor license which would be a consent agenda item. Adjournment. Carol From: Ryan Marquis mailto:ryan @marquisforkenai.com] Sent: Wednesday, March 10, 2010 11:37 AM To: Carol Freas Subject Re' Wal -Mart Liquor License Transfer Carol, What kind of public notice requirements are required for a special meeting? I'm open to a special meeting if it's necessary. Ryan On 3/10/2010 11:22 AM, Carol Freas wrote: Mayor /Council, Following is KMC 1.10.060 related to calling special meetings: 1.10.060 Calling special meetings. The Mayor or any four Councilmen may call special meetings of the Council. The City Clerk shall give the notice of such meetings to each Councilman or cause it to be left at a conspicuous place at his abode or to be given to a member of his family at least fifteen (15) years old at his place of abode, at least forty -eight (48) hours before the time of holding such special meeting. A special meeting called on shorter notice then forty eight (48) hours shall be valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. ain amount of =roccaltaa al discussion Ptti;[ht be ace cotable by em ail it's better to be careful and limit any discussi lty serial email due to requirements s of the Olean Vleerin's Act. Carol Carol Freas From: Ryan Marquis [ryan ©marquisforkenai.com] Sent: Wednesday, March 10, 2010 11:37 AM To: Carol Freas Subject: Re: Wal -Mart Liquor License Transfer Carol, What kind of public notice requirements are required for a special meeting? I'm open to a special meeting if it's necessary. Ryan On 3/10/2010 11:22 AM, Carol Freas wrote: Mayor /Council, Following is KMC 1.10.060 related to calling special meetings: 1.10.060 Calling special meetings. The Mayor or any four Councilmen may call special meetings of the Council. The City Clerk shall give the notice of such meetings to each Councilman or cause it to be left at a conspicuous place at his abode or to be given to a member of his family at least fifteen (15) years old at his place of abode, at least forty -eight (48) hours before the time of holding such special meeting. A special meeting called on shorter notice then forty eight (48) hours shall be valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. Althou h a certain am ount of rroceduaal disc careful and limit any discussion by serf Carol On Wed, 3/10/10, Carol Freas <cfreas(dictkenrri.alc.us> wrote: Mayor /Council, i, it's better to be ue to r of the (lnen Meetinus Act. From: Barry Eldridge [mailto:barry eldridge@yahoo.com] Sent: Wednesday, March 10, 2010 11:13 AM To: hvsmallev@yahoo.com; cpajoe@aaltrogco.com; mboyle@alaska.com; Mayor Porter; molloylaw©aak.net; Ryan Marquis; Carol Freas Cc: Rick Koch; Krista Stearns Subject: Re: Wal -Mart Liquor License Transfer Hi Carol, What are the notice requirements for a special meeting? I'm open to a special meeting if we can gain some time for Watmart Thanks Barry From: Carol Freas <efreas(ci.kenai.ak.us> Subject: Wal -Mart Liquor License Transfer To: bare eldrid re( ahoo.com, hvsma lley�a�yahoo.com cpaioe(a(altrogco.com, mboyle a alaska.com, kenaimavorl0(a),msn.com, motto lgw(iak.net, "Ryan Marquis" <rya7@marquisforkenai.com> Cc: "Rick Koch" <rkoch(2 ci.kenai.ak.us "Krista Stearns" <kstearns(cz(ci.kenai.ak.us> Date: Wednesday, March 10, 2010, 10:59 AM I just wanted to keep you abreast of the progress of the liquor license transfer for Wal -Mart. The package store liquor license previously owned by owners of One Stop Liquor was transferred to Wal -Mart last year. The license premise was not identified in that transfer because the store had not yet been built in Kenai. Since the store is ready to open, the liquor license can be transferred to Wal -Mart with a premise identified. Over the past couple of weeks, I have discussed the procedure for the license transfer to come before council for approval with representatives of Wal -Mart and their Anchorage attorney, i.e. they first apply for the transfer and do whatever posting, etc. required by ABC, ABC then forwards the transfer application notification to me and to the Kenai Peninsula Borough Clerk for review, identifying if any outstanding amounts in taxes, water /sewer, etc. exist, and ultimately to the Assembly and the Council for consideration. I received the application yesterday. Inquiry is in progress with our legal department and finance department to learn if any amounts are owing here and the same process is going on at the borough level. I have placed the item on the agenda for March 17 as a consent agenda item. A few moments ago Ferdinand Dominic, the Kenai Wal -Mart store manager and assistant manager visited my office. He asked if there was any possibility Council could consider the license transfer prior to the March 17 meeting. I told him, a special meeting could be called, however that would be up to council. I also told them an alternative would be for me, after learning from the Borough Clerk, our legal finance departments there are no amounts owed, to send a letter to ABC stating the formal approval by Council would take place at the March 17 meeting, but preliminarily, there were no objections. Mr. Ferdinand seemed okay with that. Evidently, there was a change in Wal -Mart attorneys and the submission of their application was delayed until March 3. Please let me know if there is interest in calling a special meeting. Carol 2 Carol Freas From: Carol Freas Sent: Wednesday, March 10, 2010 11:23 AM To: 'Barry Eldridge'; hvsmalley @yahoo.com; cpajoe©altrogco.com; mboyle @alaska.com; Mayor Porter; molloylaw @ak.net; Ryan Marquis Cc: Rick Koch; Krista Stearns Subject: RE: Wal -Mart Liquor License Transfer Mayor /Council, Following is KMC 1.10.060 related to calling special meetings: 1.10.060 Calling special meetings. The Mayor or any four Councilmen may call special meetings of the Council. The City Clerk shall give the notice of such meetings to each Councilman or cause it to be left at a conspicuous place at his abode or to be given to a member of his family at least fifteen (15) years old at his place of abode, at least forty -eight (48) hours before the time of holding such special meeting. A special meeting called on shorter notice then forty eight (48) hours shall be valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. Although a certain amount of rocedural discussion raai ht be a° it's better to be careful and limit any discussion by serial email due to requirements off the Open Meetings Act. Carol From: Barry Eldridge mailto:barry_eldridge @yahoo.com] Sent: Wednesday, March 10, 2010 11:13 AM To: hvsmalley @yahoo.com; cpajoe @altrogco.com; mboyle @alaska.com; Mayor Porter; molloylaw @ak.net; Ryan Marquis; Carol Freas Cc: Rick Koch; Krista Stearns Subject: Re: Wal -Mart Liquor License Transfer Hi Carol. What are the notice requirements for a special meeting? I'm open to a special meeting if we can gain some time for Walmart. Thanks Barry On Wed, 3/10/10, Carol Freas <cfreas(a)ct ker:aLak.us> wrote: From: Carol Freas <cfreas ci.kenai.ak.us> Subject: Wal -Mart Liquor License Transfer To: barry eldridge(ayahoo.com, hvsmalley s,yahoo.com, cpaioe@attrogco.com, mboyle@alaska.com, kenaimayorl0(a msn.com, molloylaw@ak.net, "Ryan Marquis" <ryani&marquisforkenai.com> Cc: "Rick Koch" <rkochc ci.kenai.ak.us "Krista Stearns" <kstearns ,ci.kenai.ak.us> Date: Wednesday, March 10, 2010, 10:59 AM Mayor /Council, I just wanted to keep you abreast of the progress of the liquor license transfer for Wal -Mart. The package store liquor license previously owned by owners of One Stop Liquor was transferred to Wal -Mart last year. The license premise was not identified in that transfer because the store had not yet been built in Kenai. Since the store is ready to open, the liquor license can be transferred to Wal -Mart with a premise identified. Over the past couple of weeks, I have discussed the procedure for the license transfer to come before council for approval with representatives of Wal -Mart and their Anchorage attorney, i.e. they first apply for the transfer and do whatever posting, etc. required by ABC, ABC then forwards the transfer application notification to me and to the Kenai Peninsula Borough Clerk for review, identifying if any outstanding amounts in taxes, water /sewer, etc. exist, and ultimately to the Assembly and the Council for consideration. I received the application yesterday. Inquiry is in progress with our legal department and finance department to learn if any amounts are owing here and the same process is going on at the borough level. I have placed the item on the agenda for March 17 as a consent agenda item. A few moments ago Ferdinand Dominic, the Kenai Wal -Mart store manager and assistant manager visited my office. He asked if there was any possibility Council could consider the license transfer prior to the March 17 meeting. I told him, a special meeting could be called, however that would be up to council. I also told them an alternative would be for me, after learning from the Borough Clerk, our legal finance departments there are no amounts owed, to send a letter to ABC stating the formal approval by Council would take place at the March 17 meeting, but preliminarily, there were no objections. Mr. Ferdinand seemed okay with that. Evidently, there was a change in Wal -Mart attorneys and the submission of their application was delayed until March 3. Please let me know if there is interest in calling a special meeting. Carol 2 From: Barry Eldridge [mailto:barry eldridge(ayahoo.com] Sent: Wednesday, March 10, 2010 11:13 AM To: hvsmalley@yahoo.com; coaioe @altrogco.com; mboyle©alaska.com; Mayor Porter; molloylaw @ak.net; Ryan Marquis; Carol Freas Cc: Rick Koch; Krista Stearns Subject: Re: Wal -Mart Liquor License Transfer Ili Carol, What are the notice requirements for a special meeting? I'm open to a special meeting if we can gain some time for Walmart. Thanks Barry On Wed, 3/10/10, Carol Freas <cfreasCd)cLkeuai.ak.us> wrote: From: Carol Freas <cfreas(a;ci.kenai.ak.us> Subject: Wal -Mart Liquor License Transfer To: harry eldridge(h yahoo.com, hvsmalle «2i ahoo.com, cpajoe(a altrogco.com, mbo ly er alaska.com, kenaimayorl0(ithmsn.com, molloylaw(cr�,ak.net, "Ryan Marquis" <ran(etmarguisforkenai.com> Cc: "Rick Koch" <rkoch(aThkci.kenai.ak.us "Krista Stearns" <kstearns(i ci.kenai.ak.us> Date: Wednesday, March 10, 2010, 10:59 AM Mayor /Council, 1 just wanted to keep you abreast of the progress of the liquor license transfer for Wal -Mart. The package store liquor license previously owned by owners of One Stop Liquor was transferred to Wal -Mart last year. The license premise was not identified in that transfer because the store had not yet been built in Kenai. Since the store is ready to open, the liquor license can be transferred to Wal -Mart with a premise identified. Over the past couple of weeks, I have discussed the procedure for the license transfer to come before council for approval with representatives of Wal-Mart and their Anchorage attorney, i.e. they first apply for the transfer and do whatever posting, etc. required by ABC, ABC then forwards the transfer application notification to me and to the Kenai Peninsula Borough Clerk for review, identifying if any outstanding amounts in taxes, water /sewer, etc. exist, and ultimately to the Assembly and the Council for consideration. I received the application yesterday. Inquiry is in progress with our legal department and finance department to learn if any amounts are owing here and the same process is going on at the borough level. I have placed the item on the agenda for March 17 as a consent agenda item. A few moments ago Ferdinand Dominic, the Kenai Wal -Mart store manager and assistant manager visited my office. He asked if there was any possibility Council could consider the license transfer prior to the March 17 meeting. I told him, a special meeting could be called, however that would be up to council. I also told them an alternative would be for me, after learning from the Borough Clerk, our legal finance departments there are no amounts owed, to send a letter to ABC stating the formal approval by Council would take place at the March 17 meeting, but preliminarily, there were no objections. Mr. Ferdinand seemed okay with that. Evidently, there was a change in Wal -Mart attorneys and the submission of their application was delayed until March 3. Please let me know if there is interest in calling a special meeting. Carol 2 Carol Freas From: Krista Stearns Sent: Wednesday, March 10, 2010 11:02 AM To: Carol Freas Subject: RE: Wal -Mart Liquor License Transfer Nice work, Carol Krista S. Stearns City Attorney City of Kenai 210 Fidalgo Avenue Kenai AK 99611 Tel. 907 283 -8225 Fax 907 283 -3014 CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged information. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies. From: Carol Freas Sent: Wednesday, March 10, 2010 10:59 AM To: barry_eldridge @yahoo.com; hvsmalley @yahoo.com; cpajoe @altrogco.com; mboyle @alaska.com; kenaimayorl0 @msn.com; molloylaw @ak.net; Ryan Marquis Cc: Rick Koch; Krista Stearns Subject: Wal -Mart Liquor License Transfer Mayor /Council, I just wanted to keep you abreast of the progress of the liquor license transfer for Wal -Mart. The package store liquor license previously owned by owners of One Stop Liquor was transferred to Wal -Mart last year. The license premise was not identified in that transfer because the store had not yet been built in Kenai. Since the store is ready to open, the liquor license can be transferred to Wal -Mart with a premise identified. Over the past couple of weeks, I have discussed the procedure for the license transfer to come before council for approval with representatives of Wal -Mart and their Anchorage attorney, i.e. they first apply for the transfer and do whatever posting, etc. required by ABC, ABC then forwards the transfer application notification to me and to the Kenai Peninsula Borough Clerk for review, identifying if any outstanding amounts in taxes, water /sewer, etc. exist, and ultimately to the Assembly and the Council for consideration. I received the application yesterday. Inquiry is in progress with our legal department and finance department to learn if any amounts are owing here and the same process is going on at the borough level. I have placed the item on the agenda for March 17 as a consent agenda item. A few moments ago Ferdinand Dominic, the Kenai Wal -Mart store manager and assistant manager visited my office. He asked if there was any possibility Council could consider the license transfer prior to the March 17 meeting. I told him, a special meeting could be called, however that would be up to council. I also told them an alternative would be for me, after learning from the Borough Clerk, our legal finance departments there are no amounts owed, to send a letter to ABC stating the formal approval by Council would take place at the March 17 meeting, but preliminarily, there were no objections. Mr. Ferdinand seemed okay with that. Evidently, there was a change in Wal -Mart attorneys and the submission of their application was delayed until March 3. Please let me know if there is interest in calling a special meeting. Carol 2 Carol Freas From: Carol Freas Sent: Wednesday, March 10, 2010 10:59 AM To: barry_eldridge @yahoo.com; hvsmalley @yahoo.com; cpajoe @altrogco.com; mboyle @alaska.com; kenaimayor10 @msn.com; molloylaw @ak.net; Ryan Marquis Cc: Rick Koch; Krista Stearns Subject: Wal -Mart Liquor License Transfer Mayor /Council, I just wanted to keep you abreast of the progress of the liquor license transfer for Wal -Mart. The package store liquor license previously owned by owners of One Stop Liquor was transferred to Wal -Mart last year. The license premise was not identified in that transfer because the store had not yet been built in Kenai. Since the store is ready to open, the liquor license can be transferred to Wal -Mart with a premise identified. Over the past couple of weeks, I have discussed the procedure for the license transfer to come before council for approval with representatives of Wal -Mart and their Anchorage attorney, i.e. they first apply for the transfer and do whatever posting, etc. required by ABC, ABC then forwards the transfer application notification to me and to the Kenai Peninsula Borough Clerk for review, identifying if any outstanding amounts in taxes, water /sewer, etc. exist, and ultimately to the Assembly and the Council for consideration. I received the application yesterday. Inquiry is in progress with our legal department and finance department to learn if any amounts are owing here and the same process is going on at the borough level. I have placed the item on the agenda for March 17 as a consent agenda item. A few moments ago Ferdinand Dominic, the Kenai Wal -Mart store manager and assistant manager visited my office. He asked if there was any possibility Council could consider the license transfer prior to the March 17 meeting. I told him, a special meeting could be called, however that would be up to council. I also told them an alternative would be for me, after learning from the Borough Clerk, our legal finance departments there are no amounts owed, to send a letter to ABC stating the formal approval by Council would take place at the March 17 meeting, but preliminarily, there were no objections. Mr. Ferdinand seemed okay with that. Evidently, there was a change in Wal -Mart attorneys and the submission of their application was delayed until March 3. Please let me know if there is interest in calling a special meeting. Carol 1 Carol L. Freas, City Clerk NOTICE OF SPECIAL MEETING SATURDAY, MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS NOTICE IS HEREBY GIVEN the City of Kenai will convene in a special meeting on Saturday, March 13, 2010. The purpose of the meeting is to address a package store liquor license transfer from Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska. The council meeting packet is attached. The special meeting will commence at 9:00 a.m. in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. NOTICE OF SPECIAL MEETING SATURDAY, MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS NOTICE IS HEREBY GIVEN the City of Kenai will convene in a special meeting on Saturday, March 13, 2010. The purpose of the meeting is to address a package store liquor license transfer from Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska. The special meeting will commence at 9:00 a.m. in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. The meeting packet is available on line and copies of the packet will be available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Carol L. Freas, City Clerk Posted: March 11, 2010 ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval ITEM C: ADJOURNMENT AGENDA KENAI CITY COUNCIL SPECIAL MEETING MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us ITEM B: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. LIQUOR LICENSE TRANSFER Package Store From Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska. Re: LIQUOR LICENSE TRANSFER From Wal -Mart �tclr Inc. d to Wal -Mart 5 /a Spur Hzghzugiy, Kenaz, Kaska. March 13, 2010 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 center #4474, No Premise Supereenter #4474, 10096 Kenai At it regular meeting��Iar� I�riai City Council approved the transfer of the liqu n- se frn lo` `Mart Sto °�"S"" d /b /a Wal -Mart Supercenter #4474 No Premises yStorec. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spui i hway, Ken The C ,as raised no o ctions sed on unpaid taxes, delinquent taxes or obligataiStof the premise ;o the City. 5v'2 If you have anuesho ease contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Peninsula Borough Clerk Applicant Ile ii ber /Officer /Director: DOB Address Phone Tale /Shares Mike Duke 12/7/79 702 S.W. 8th St Bentonville AR. 72716 479 277 -2080 President /CEO Karen Roberts 9/22/70 702 S.W. 8 St Bentonville AR 72716 479 -277 -8089 Sr. Vice President Charles Holley 7/9/56 702 S.W. 8 St Bentonville AR 72716 479 277 -1153 Asst Secretary Lori Cottrell 2/27/69 702 S.W. 8 St Bentonville AR 72716 479- 204 -2026 Asst Secretary Any Thrasher 2/16/69 702 S.W. 8 St Bentonville AR 72716 479- 204 -2272 Asst Secretary Tim Farrar 4/7/59 702 S.W. 8 St Bentonville AR 72716 479- 204 -8820 Asst Secretary Corp/LLC Agent: Address Phone Date and State of Limited Partnership /Corporation Good standing? CT Corporation Systems 801 W 10 St.,Ste 300 Juneau AK 99801 479 -204- 2188 March 2, 1993 Alaska Yes Date of Notice: March 9, 2010 Application Type: NEW Governing Body: City of Kenai Community Councils: None License License Type: D.B.A. Licensee /Applicant: Physical Location: Mail Address: Telephone E1N: 4878 Package Store Wal -Mart #4474 Wal -Mart Stores, Inc 10096 Kenai Spur Hwy State of Alaska Alcoholic Beverage Control Board X TRANSFER Ownership X Location X Name Change 702 S.W. 8 St. Dept. 8916 Bentonville AR 72716 -0500 479 -204 -2344 479- 204 -9864 Fax 71- 0415188 Please note: the Members /Officers/Directors /Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. The above rua at Additional comments: None. vn less than 1% stoe tile If transfer application, current license information: License N/A Current D.B.A.: N/A Current Licensee: N/A Current Location: N/A Stores. In public corporation. NOTICE IS HEREBY GIVEN the City of Kenai will convene in a special meeting on Saturday, March 13, 2010. The purpose of the meeting is to address a package store liquor license transfer from Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, No Premise to Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #4474, 10096 Kenai Spur Highway, Kenai, Alaska. The special meeting will commence at 9:00 a.m. in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. The meeting packet is available on line and copies of the packet will be available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Carol L. Freas, City Clerk Posted: March 11, 2010 NOTICE OF SPECIAL MEETING SATURDAY, MARCH 13, 2010 9:00 A.M. KENAI CITY COUNCIL CHAMBERS C Carol Freas From: Barry Eldridge [barry_eidridge ©yahoo.comj Sent: Wednesday, March 10, 2010 9:33 PM To: Carol Freas Subject: Re: Special Council Meeting Notice Hi Carol, I have received notice of the special meeting of the Council on Saturday morning at 0900 and plan to be there. Barry Eldridge On Wed, 3/10/10, Carol Freas <cfreas@ci.kenai ak.us> wr ote: From: Carol Freas <cfreas @ci.kenai.ak.us> Subject: Special Council Meeting Notice To: barry_eldridge@yahoo.com, hvsmalley@yahoo.com Date: Wednesday, March 10, 2010, 5:38 PM Council Members Smalley and Eldridge, It appears I will be unable to either personally deliver or drop off a special meeting notice for the Saturday, March 13, 2010 special council meeting to you as required by city code. As a substitute for written notice, could you please respond and acknowledge receipt of the notice of the special meeting by email. The City Attorney informs me that the code is vague about what notice is acceptable and whether email would meet code requirements. However, with no other alternative this is the best substitute I could come up with. Kenai Municipal Code provides: KMC 1.10.060 Calling special meetings. The Mayor or any four Councilmen may call special meetings of the Council. The City Clerk shall give the notice of such meetings to each Councilman or cause it to be left at a conspicuous place at his abode or to be given to a member of his family at least fifteen (15) years old at his place of abode, at least forty -eight (48) hours before the time of holding such special meeting. A special meeting called on shorter notice then forty eight (48) hours shall be valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. *Hal, I will try to deliver the notice and packet at your home if Susie is available to accept receipt. Barry, I understand that no one will be at your home this evening or I would provide the same notice as with Hal. Carol