HomeMy WebLinkAboutResolution No. 2016-37CITY OF KENAI
RESOLUTION NO. 2016 -37
Sponsored by: Mayor Porter
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH
THE KENAITZE INDIAN TRIBE FOR THE REVITALIZATION OF OLD TOWN PARK.
WHEREAS, Old Town Park is located in the area of Kenai commonly known as Old Town
and is owned and maintained by the City of Kenai; and,
WHEREAS, Old Town Park is in need of equipment replacement, other infrastructure
replacement /maintenance, new play surface fall areas and general revitalization; and
WHEREAS, the Kenaitze Indian Tribe has recently developed several large projects in
Old Town and would like to continue to invest in the area through the improvement and
revitalization of Old Town Park in cooperation with the City; and,
WHEREAS, the City and Kenaitze Indian Tribe have a longstanding and successful
partnership working together on projects in Old Town; and,
WHEREAS, it is in the best of interest of the residents of Kenai, for the City and Kenaitze
Indian Tribe to work together cooperatively to plan, fund and complete improvements to
Old Town Park.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. That the City Manager is authorized to enter into a Memorandum of
Understanding with the Kenaitze Indian Tribe to lay the foundation for a cooperative
working relationship between the two entities for the planning and management phase
of the revitalization of Old Town Park. Any funding commitment on behalf of the City
requires separate authorization.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August,
2016.
PAT PORTER, MAYOR
New Text Underlined; [DELETED TEXT BRACKETED)
" "Villaye with a Past, C# with a Future #
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
www.kenai.city
MEMORANDUM
TO:
Council Members
FROM:
Mayor Porter
DATE:
August 11, 2016
SUBJECT:
Resolution No. 2016 -37
This Resolution and accompanying Memorandum of Understanding provide an
opportunity for the City to partner with the Kenaitze Indian Tribe for the much needed
revitalization of Old Town Park in Old Town Kenai. The City and Kenaitze Indian Tribe
have a history of successful partnerships for the benefit of the community. This project has
previously been discussed with Council and after several meetings with the Kenaitze Indian
Tribe and City Administration, the project is ready to move forward to the next phase. The
MOU expresses a commitment from both entities to work cooperatively moving forward,
outlines goals, and a general plan. Once a final design is selected, costs are known, and the
specifics of project management are agreed upon, a more detailed agreement will be
brought forward for Council approval.
Your consideration is appreciated.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF KENAI AND THE KENAITZE INDIAN TRIBE
This Memorandum of Understanding (this "MOU" or this "Agreement ") is entered into this _
day of August, 2016 by and between the CITY OF KENAI, an Alaska Home Rule Municipal
Corporation ( "City") whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611 and the Kenaitze
Indian Tribe, ( "a federally recognized Tribal Government ( "the Tribe ")), whose address is P.O.
Box 988, Kenai, Alaska 99611 (collectively, "Parties ").
WHEREAS, the area of the City commonly referred to as the Old Town Park (the "Park ") is
located at 816 Cook Avenue, Kenai, Alaska, and is a prominent play space for children in Kenai's
Old Town area; and,
WHEREAS, the Park, owned by the City encompasses .43 acres of recreational space for play and
family gatherings within the City; and,
WHEREAS, the City, the Tribe and other local entities have a history of park support and
maintenance; and,
WHEREAS, there is a need for the replacement of play equipment, other infrastructure,
landscaping, and play surface fall areas within the Park; and,
WHEREAS, the City and the Tribe desire to enter into an agreement to revitalize the Parks; and,
WHEREAS, the City has had a longstanding and successful partnership with the Tribe on
numerous other efforts in Old Town, and
WHEREAS, the City Council adopted Resolution No. 2016 -37 authorizing the City's participation
in this MOU; and,
WHEREAS, the Kenaitze Tribal Council authorizes the Tribe to participate in this MOU.
NOW, THEREFORE, in order to advance the mutual objectives of the City and Tribe with respect
to the Old Town Park and to commence a collaborative process with each other, the Parties agree
as follows:
Pumose of Agreement
The purpose of this Agreement is to lay the foundation for a cooperative working relationship
between the Parties, as the Parties continue to work together to further their common goal of
preserving, restoring, developing, enhancing, rehabilitating the Park and to lay the foundation for
a joint development agreement that will ultimately be entered into by and between the City and
the Tribe to govern the implementation of a Project Plan.
Memorandum of Understanding Page 1 of 3
2. Goals
2.1 Create a mutually agreed upon Plan consisting of the following:
A.
Project Team
B.
Project Team Responsibilities
C.
Conceptual Design
D.
Final Design
E.
Schedule
F.
Cost Estimate
G.
Funding Plan
H.
Community Outreach
I.
Management Plan
2.2 Remove and/or Rehabilitate existing playground equipment.
2.3 Rehabilitate existing Park Shelter.
2.4. Install new playground equipment designed for 2 -5 year olds and 5 -12 year old
children.
2.5 Install Fall- Protection Media Under and Around Existing and New Playground
Equipment.
2.6 Undertake Fund Raising Efforts in Support Of Project.
3. General Provisions
3.1 The Parties agree to work together at all times in good faith, meet regularly, and
keep each other informed as to activities of the other, and maintain at all times, a formal
representative who shall serve as a point of contact of communication and outputs.
3.2 Each Party shall be responsible for all costs and expenses associated with the
preparation and adoption of this MOU.
3.3 This MOU may be executed in multiple counterparts which, taken together, shall
collectively constitute a single agreement.
KENAITZE INDIAN TRIBE
Jaylene Peterson - Nyren,
Executive Director
Date:
Memorandum of Understanding
CITY OF KENAI
Rick R. Koch,
City Manager
Date:
APPROVED BY COUNCILPage 2 of 3
Date: B1l7 //U S,tA
ATTEST:
Approved as to Form and
Legal Sufficiency by:
Kenaitze Indian Tribe Attorney
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
City Clerk
Approved as to Form and
Legal Sufficiency by:
City Attorney
ACKNOWLEDGMENTS
) ss.
The foregoing instrument was acknowledged before me this _ day of 2016, by
Jaylene Peterson - Nyren, Executive Director of the Kenaitze Indian Tribe, a Federally Recognized
Tribal Government, for and on behalf of the corporation.
Notary Public for State of Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this _ day of 2016,
by , the City Manager of the City of Kenai, an Alaska
municipal corporation, for and on behalf of the corporation.
Notary Public for State of Alaska
My Commission Expires:
Memorandum of Understanding Page 3 of 3